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VOLUME 2
Titles 18 through 28A
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 18
BUSINESSES AND PROFESSIONS
Chapters
18.04
18.06
18.08
18.09
18.11
18.16
18.19
18.20
18.22
18.25
18.27
18.28
18.29
18.30
18.32
18.34
18.35
18.36
18.36A
18.39
18.43
18.44
18.46
18.50
18.51
18.52
18.52C
18.53
18.54
18.55
18.57
18.57A
18.59
18.64
18.64A
18.71
18.71A
18.73
18.74
18.76
18.79
18.83
18.84
18.85
18.86
18.88A
18.89
18.92
18.96
18.100
(2002 Ed.)
Accountancy.
Acupuncture.
Architects.
Attorneys at law.
Auctioneers.
Cosmetologists, barbers, and manicurists.
Counselors.
Boarding homes.
Podiatric medicine and surgery.
Chiropractic.
Registration of contractors.
Debt adjusting.
Dental hygienists.
Denturists.
Dentistry.
Dispensing opticians.
Hearing and speech services.
Drugless healing.
Naturopathy.
Embalmers—Funeral directors.
Engineers and land surveyors.
Escrow agent registration act.
Birthing centers.
Midwifery.
Nursing homes.
Nursing home administrators.
Nursing pools.
Optometry.
Optometry board.
Ocularists.
Osteopathy—Osteopathic medicine and surgery.
Osteopathic physicians’ assistants.
Occupational therapy.
Pharmacists.
Pharmacy assistants.
Physicians.
Physician assistants.
Emergency medical care and transportation
services.
Physical therapy.
Poison information centers.
Nursing care.
Psychologists.
Radiologic technologists.
Real estate brokers and salespersons.
Real estate brokerage relationships.
Nursing assistants.
Respiratory care practitioners.
Veterinary medicine, surgery, and dentistry.
Landscape architects.
Professional service corporations.
18.104
18.106
18.108
18.110
18.118
18.120
18.122
18.130
18.135
18.138
18.140
18.145
18.155
18.160
18.165
18.170
18.180
18.185
18.190
18.195
18.200
18.205
18.210
18.215
18.220
18.225
18.230
18.235
Water well construction.
Plumbers.
Massage practitioners.
Art dealers—Artists.
Regulation of business professions.
Regulation of health professions—Criteria.
Regulation of health professions—Uniform
administrative provisions.
Regulation of health professions—Uniform
disciplinary act.
Health care assistants.
Dietitians and nutritionists.
Certified real estate appraiser act.
Court reporting practice act.
Sex offender treatment providers.
Fire sprinkler system contractors.
Private investigators.
Security guards.
Process servers.
Bail bond agents.
Operation as limited liability company.
Consumer Access to Vision Care Act.
Orthotic and prosthetic services.
Chemical dependency professionals.
On-site wastewater treatment systems—
Designer licensing.
Surgical technologists.
Geologists.
Mental health counselors, marriage and
family therapists, social workers.
Recreation therapy.
Uniform regulation of business and professions act.
Alcoholic beverage control: Title 66 RCW.
Appointment of temporary additional members of boards and committees for
administration and grading of examinations: RCW 43.24.065.
Attorneys: Chapter 2.44 RCW.
Automobiles
dealers licenses: Chapter 46.70 RCW.
drivers schools licensing: Chapter 46.82 RCW.
"Lemon Law": Chapter 19.118 RCW.
repair: Chapter 46.71 RCW.
service contracts: Chapter 48.96 RCW.
tow truck operators: Chapter 46.55 RCW.
transportation companies: Title 81 RCW.
warranties, express: Chapter 19.118 RCW.
Business corporations and cooperative associations: Titles 23, 23B RCW.
Cities and towns, powers to regulate business: Title 35 RCW.
Coal mining: Title 78 RCW.
Collection agencies and out-of-state collection agencies: Chapter 19.16
RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit unions: Chapter 31.12 RCW.
Discrimination: Chapter 49.60 RCW.
Drugs and cosmetics: Chapter 69.04 RCW.
[Title 18 RCW—page 1]
Title 18
Title 18 RCW: Businesses and Professions
Electricians: Chapter 19.28 RCW.
Farm labor contractors: Chapter 19.30 RCW.
Fishermen, commercial: Title 77 RCW.
Food products: Title 69 RCW.
Forests and forest products: Title 76 RCW.
Health care services: Chapter 48.44 RCW.
Mines, mineral and petroleum: Title 78 RCW.
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Motor vehicles
businesses involving: Title 46 RCW.
"Lemon Law": Chapter 19.118 RCW.
Pawnbrokers: Chapter 19.60 RCW.
Regulatory fairness act: Chapter 19.85 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Sales of personal property: Article 62A.2 RCW.
Student loan contracts: Chapter 26.30 RCW.
Suretyship: Chapter 19.72 RCW.
Vehicle wreckers: Chapter 46.80 RCW.
Chapter 18.04
ACCOUNTANCY
Sections
18.04.015
18.04.025
18.04.035
18.04.045
18.04.055
18.04.065
18.04.080
18.04.105
18.04.180
18.04.183
18.04.185
18.04.195
18.04.205
18.04.215
18.04.295
18.04.305
18.04.320
18.04.335
18.04.345
18.04.350
18.04.360
18.04.370
18.04.380
18.04.390
18.04.405
18.04.420
18.04.430
18.04.901
18.04.910
18.04.911
18.04.920
Falsifying
Purpose.
Definitions.
Board of accountancy—Members—Terms—Vacancies—
Removal.
Board—Officers and staff—Powers and duties.
Board—Rules.
Board—Fees—Disposition.
Compensation and travel expenses of members.
Issuance of license—Requirements—Examination—Fees—
Certified public accountants’ account—Valid certificates
previously issued under chapter—Continuing professional education—Inactive certificates.
Reciprocity.
Accountants from foreign countries.
Application for license—Secretary of state agent for service
of process.
License required—Requirements—Application—Fees.
Registration of offices—Requirements—Rules—Fees.
Licenses—Issuance—Renewal and reinstatement—
Continuing professional education—Fees.
Actions against CPA license.
Actions against firm license.
Actions against license—Procedures.
Reissuance or modification of suspension of license or certificate.
Prohibited practices.
Practices not prohibited.
Practices may be enjoined.
Penalty.
Advertising falsely—Effect.
Papers, records, schedules, etc., property of the licensee or
licensed firm—Prohibited practices—Rights of client.
Confidential information—Disclosure, when—Subpoenas.
License or certificate suspension—Nonpayment or default
on educational loan or scholarship.
License or certificate suspension—Noncompliance with
support order—Reissuance.
Severability.
Effective date—1983 c 234.
Effective date—1986 c 295.
Short title.
accounts: Chapter 9A.60 RCW.
(a) To promote the dependability of information which
is used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial
and noncommercial enterprises, whether public, private or
governmental; and
(b) To protect the public interest by requiring that:
(i) Persons who hold themselves out as licensees or
certificate holders conduct themselves in a competent,
ethical, and professional manner;
(ii) A public authority be established that is competent
to prescribe and assess the qualifications of certified public
accountants, including certificate holders who are not
licensed for the practice of public accounting;
(iii) Persons other than licensees refrain from using the
words "audit," "review," and "compilation" when designating
a report customarily prepared by someone knowledgeable in
accounting;
(iv) A public authority be established to provide for
consumer alerts and public protection information to be
published regarding persons or firms who violate the
provisions of chapter 294, Laws of 2001 or board rule and
to provide general consumer protection information to the
public; and
(v) The use of accounting titles likely to confuse the
public be prohibited.
(2) The purpose of chapter 294, Laws of 2001 is to
make revisions to chapter 234, Laws of 1983 and chapter
103, Laws of 1992 to: Fortify the public protection provisions of chapter 294, Laws of 2001; establish one set of
qualifications to be a licensee; revise the regulations of
certified public accountants; make revisions in the ownership
of certified public accounting firms; assure to the greatest
extent possible that certified public accountants from
Washington state are substantially equivalent with certified
public accountants in other states and can therefore perform
the duties of certified public accountants in as many states
and countries as possible; assure certified public accountants
from other states and countries have met qualifications that
are substantially equivalent to the certified public accountant
qualifications of this state; and clarify the authority of the
board of accountancy with respect to the activities of persons
holding licenses and certificates under this chapter. It is not
the intent of chapter 294, Laws of 2001 to in any way
restrict or limit the activities of persons not holding licenses
or certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws of 1983 and
chapter 103, Laws of 1992.
(3) A purpose of chapter 103, Laws of 1992, revising
provisions of chapter 234, Laws of 1983, is to clarify the
authority of the board of accountancy with respect to the
activities of persons holding certificates under this chapter.
Furthermore, it is not the intent of chapter 103, Laws of
1992 to in any way restrict or limit the activities of persons
not holding certificates under this chapter except as otherwise specifically restricted or limited by chapter 234, Laws
of 1983. [2001 c 294 § 1; 1992 c 103 § 1; 1983 c 234 § 2.]
Effective date—2001 c 294: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 294 § 24.]
18.04.015 Purpose. (1) It is the policy of this state
and the purpose of this chapter:
[Title 18 RCW—page 2]
(2002 Ed.)
Accountancy
18.04.025 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the board of accountancy created by
RCW 18.04.035.
(2) "Certificate holder" means the holder of a certificate
as a certified public accountant who has not become a
licensee, has maintained CPE requirements, and who does
not practice public accounting.
(3) "Certified public accountant" or "CPA" means a
person holding a certified public accountant license or
certificate.
(4) "State" includes the states of the United States, the
District of Columbia, Puerto Rico, Guam, and the United
States Virgin Islands.
(5) "Reports on financial statements" means any reports
or opinions prepared by licensees, based on services performed in accordance with generally accepted auditing
standards, standards for attestation engagements, or standards
for accounting and review services as to whether the presentation of information used for guidance in financial transactions or for accounting for or assessing the status or performance of commercial and noncommercial enterprises,
whether public, private, or governmental, conforms with
generally accepted accounting principles or other comprehensive bases of accounting. "Reports on financial statements"
does not include services referenced in RCW 18.04.350(6)
provided by persons not holding a license under this chapter.
(6) The "practice of public accounting" means performing or offering to perform by a person or firm holding itself
out to the public as a licensee, for a client or potential client,
one or more kinds of services involving the use of accounting or auditing skills, including the issuance of "audit
reports," "review reports," or "compilation reports" on
financial statements, or one or more kinds of management
advisory, or consulting services, or the preparation of tax
returns, or the furnishing of advice on tax matters. The
"practice of public accounting" shall not include practices
that are permitted under the provisions of RCW 18.04.350(6)
by persons or firms not required to be licensed under this
chapter.
(7) "Firm" means a sole proprietorship, a corporation, or
a partnership. "Firm" also means a limited liability company
formed under chapter 25.15 RCW.
(8) "CPE" means continuing professional education.
(9) "Certificate" means a certificate as a certified public
accountant issued prior to July 1, 2001, as authorized under
the provisions of this chapter.
(10) "Licensee" means the holder of a license to practice
public accountancy issued under this chapter.
(11) "License" means a license to practice public
accountancy issued to an individual under this chapter, or a
license issued to a firm under this chapter.
(12) "Manager" means a manager of a limited liability
company licensed as a firm under this chapter.
(13) "NASBA" means the national association of state
boards of accountancy.
(14) "Quality assurance review" means a process
established by and conducted at the direction of the board of
study, appraisal, or review of one or more aspects of the
attest work of a licensee or licensed firm in the practice of
public accountancy, by a person or persons who hold
(2002 Ed.)
18.04.025
licenses and who are not affiliated with the person or firm
being reviewed.
(15) "Peer review" means a study, appraisal, or review
of one or more aspects of the attest work of a licensee or
licensed firm in the practice of public accountancy, by a
person or persons who hold licenses and who are not
affiliated with the person or firm being reviewed, including
a peer review, or any internal review or inspection intended
to comply with quality control policies and procedures, but
not including the "quality assurance review" under subsection
(14) of this section.
(16) "Review committee" means any person carrying
out, administering or overseeing a peer review authorized by
the reviewee.
(17) "Rule" means any rule adopted by the board under
authority of this chapter.
(18) "Holding out" means any representation to the
public by the use of restricted titles as set forth in RCW
18.04.345 by a person or firm that the person or firm holds
a license under this chapter and that the person or firm offers
to perform any professional services to the public as a
licensee. "Holding out" shall not affect or limit a person or
firm not required to hold a license under this chapter from
engaging in practices identified in RCW 18.04.350.
(19) "Natural person" means a living, human being.
(20) "Inactive" means the certificate is in an inactive
status because a person who held a valid certificate before
July 1, 2001, has not met the current requirements of
licensure and has been granted inactive certificate holder
status through an approval process established by the board.
[2001 c 294 § 2; 1999 c 378 § 1; 1994 c 211 § 1401; 1992
c 103 § 2; 1986 c 295 § 1; 1983 c 234 § 3.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
18.04.035 Board of accountancy—Members—
Terms—Vacancies—Removal. (1) There is created a board
of accountancy for the state of Washington to be known as
the Washington state board of accountancy. Effective June
30, 2001, the board shall consist of nine members appointed
by the governor. Members of the board shall include six
persons who have been licensed in this state continuously for
the previous ten years. Three members shall be public
members qualified to judge whether the qualifications,
activities, and professional practice of those regulated under
this chapter conform with standards to protect the public
interest, including one public member qualified to represent
the interests of clients of individuals and firms licensed
under this chapter.
(2) The members of the board shall be appointed by the
governor to a term of three years. Vacancies occurring
during a term shall be filled by appointment for the unexpired term. Upon the expiration of a member’s term of
office, the member shall continue to serve until a successor
has been appointed and has assumed office. The governor
shall remove from the board any member whose license to
practice has been revoked or suspended and may, after
hearing, remove any member of the board for neglect of
duty or other just cause. No person who has served two
successive complete terms is eligible for reappointment. Ap[Title 18 RCW—page 3]
18.04.035
Title 18 RCW: Businesses and Professions
pointment to fill an unexpired term is not considered a
complete term. In order to stagger their terms, of the two
new appointments made to the board upon June 11, 1992,
the first appointed member shall serve a term of two years
initially. [2001 c 294 § 3; 1992 c 103 § 3; 1986 c 295 § 2;
1983 c 234 § 4.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.045 Board—Officers and staff—Powers and
duties. (1) The board shall annually elect a chair, a vicechair, and a secretary from its members.
(2) A majority of the board constitutes a quorum for the
transaction of business.
(3) The board shall have a seal which shall be judicially
noticed.
(4) The board shall keep records of its proceedings, and
of any proceeding in court arising from or founded upon this
chapter. Copies of these records certified as correct under
the seal of the board are admissible in evidence as tending
to prove the content of the records.
(5) The governor shall appoint an executive director of
the board, who shall serve at the pleasure of the governor.
The executive director may employ such personnel as is
appropriate for carrying out the purposes of this chapter.
The executive director shall hold a valid Washington license.
The board may arrange for such volunteer assistance as it
requires to perform its duties. Individuals or committees
assisting the board constitute volunteers for purposes of
chapter 4.92 RCW.
(6) The board shall file an annual report of its activities
with the governor. The report shall include, but not be
limited to, a statement of all receipts and disbursements.
Upon request, the board shall mail a copy of each annual
report to any member of the public.
(7) In making investigations concerning alleged violations of the provisions of this chapter and in all proceedings
under RCW 18.04.295 or chapter 34.05 RCW, the board
chair, or a member of the board, or a board designee acting
in the chair’s place, may administer oaths or affirmations to
witnesses appearing before the board, subpoena witnesses
and compel their attendance, take testimony, and require that
documentary evidence be submitted.
(8) The board may review the publicly available
professional work of licensees on a general and random
basis, without any requirement of a formal complaint or suspicion of impropriety on the part of any particular licensee.
If as a result of such review the board discovers reasonable
grounds for a more specific investigation, the board may
proceed under its investigative and disciplinary rules.
(9) The board may provide for consumer alerts and
public protection information to be published regarding
persons or firms who violate the provisions of this chapter
or board rule and may provide general consumer protection
information to the public.
(10) As provided in RCW 18.04.370, the board may
enter into stipulated agreements and orders of assurance with
persons who have violated the provisions of RCW 18.04.345
or certify the facts to the prosecuting attorney of the county
in which such person resides for criminal prosecution. [2001
c 294 § 4; 1992 c 103 § 4; 1986 c 295 § 3; 1983 c 234 § 5.]
Effective date—2001 c 294: See note following RCW 18.04.015.
[Title 18 RCW—page 4]
18.04.055 Board—Rules. The board may adopt and
amend rules under chapter 34.05 RCW for the orderly
conduct of its affairs. The board shall prescribe rules
consistent with this chapter as necessary to implement this
chapter. Included may be:
(1) Rules of procedure to govern the conduct of matters
before the board;
(2) Rules of professional conduct for all licensees,
certificate holders, and nonlicensee owners of licensed firms,
in order to establish and maintain high standards of competence and ethics including rules dealing with independence,
integrity, objectivity, and freedom from conflicts of interest;
(3) Rules specifying actions and circumstances deemed
to constitute holding oneself out as a licensee in connection
with the practice of public accountancy;
(4) Rules specifying the manner and circumstances of
the use of the titles "certified public accountant" and "CPA,"
by holders of certificates who do not also hold licenses
under this chapter;
(5) Rules specifying the educational requirements to
take the certified public accountant examination;
(6) Rules designed to ensure that licensees’ "reports on
financial statements" meet the definitional requirements for
that term as specified in RCW 18.04.025;
(7) Requirements for CPE to maintain or improve the
professional competence of licensees as a condition to
maintaining their license and certificate holders as a condition to maintaining their certificate under RCW 18.04.215;
(8) Rules governing firms issuing or offering to issue reports on financial statements or using the title "certified
public accountant" or "CPA" including, but not limited to,
rules concerning their style, name, title, and affiliation with
any other organization, and establishing reasonable practice
and ethical standards to protect the public interest;
(9) The board may by rule implement a quality assurance review program as a means to monitor licensees’
quality of practice and compliance with professional standards. The board may exempt from such program, licensees
who undergo periodic peer reviews in programs of the
American Institute of Certified Public Accountants, NASBA,
or other programs recognized and approved by the board;
(10) The board may by rule require licensed firms to
obtain professional liability insurance if in the board’s
discretion such insurance provides additional and necessary
protection for the public;
(11) Rules specifying the experience requirements in
order to qualify for a license;
(12) Rules specifying the requirements for certificate
holders to qualify for a license under this chapter which
must include provisions for meeting CPE and experience
requirements prior to application for licensure;
(13) Rules specifying the registration requirements,
including ethics examination and fee requirements, for
resident nonlicensee partners, shareholders, and managers of
licensed firms;
(14) Rules specifying the ethics CPE requirements for
certificate holders and owners of licensed firms, including
the process for reporting compliance with those requirements;
(15) Rules specifying the experience and CPE requirements for licensees offering or issuing reports on financial
statements; and
(2002 Ed.)
Accountancy
(16) Any other rule which the board finds necessary or
appropriate to implement this chapter. [2001 c 294 § 5;
1992 c 103 § 5; 1986 c 295 § 4; 1983 c 234 § 6.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.065 Board—Fees—Disposition. The board
shall set its fees at a level adequate to pay the costs of
administering this chapter. All fees for licenses, registrations
of nonlicensee partners, shareholders, and managers of
licensed firms, renewals of licenses, renewals of registrations
of nonlicensee partners, shareholders, and managers of
licensed firms, renewals of certificates, reinstatements of
lapsed licenses, reinstatements of lapsed certificates, reinstatements of lapsed registrations of nonlicensee partners,
shareholders, and managers of licensed firms, practice
privileges under RCW 18.04.350, and delinquent filings
received under the authority of this chapter shall be deposited in the certified public accountants’ account created by
RCW 18.04.105. Appropriation from such account shall be
made only for the cost of administering the provisions of this
chapter. [2001 c 294 § 6; 1992 c 103 § 6; 1983 c 234 §
24.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.080 Compensation and travel expenses of
members. Each member of the board shall be compensated
in accordance with RCW 43.03.240 and shall be reimbursed
for travel expenses incurred in the discharge of such duties
in accordance with RCW 43.03.050 and 43.03.060. [1984 c
287 § 20; 1983 c 234 § 22; 1975-’76 2nd ex.s. c 34 § 25;
1949 c 226 § 7; Rem. Supp. 1949 § 8269-14.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.04.105 Issuance of license—Requirements—
Examination—Fees—Certified public accountants’
account—Valid certificates previously issued under
chapter—Continuing professional education—Inactive
certificates. (1) A license to practice public accounting
shall be granted by the board to any person:
(a) Who is of good character. Good character, for
purposes of this section, means lack of a history of dishonest
or felonious acts. The board may refuse to grant a license
on the ground of failure to satisfy this requirement only if
there is a substantial connection between the lack of good
character of the applicant and the professional and ethical
responsibilities of a licensee and if the finding by the board
of lack of good character is supported by a preponderance of
evidence. When an applicant is found to be unqualified for
a license because of a lack of good character, the board shall
furnish the applicant a statement containing the findings of
the board and a notice of the applicant’s right of appeal;
(b) Who has met the educational standards established
by rule as the board determines to be appropriate;
(c) Who has passed an examination;
(d) Who has had one year of experience which is
gained:
(2002 Ed.)
18.04.055
(i) Through the use of accounting, issuing reports on
financial statements, management advisory, financial advisory, tax, tax advisory, or consulting skills;
(ii) While employed in government, industry, academia,
or public practice; and
(iii) Meeting the competency requirements in a manner
as determined by the board to be appropriate and established
by board rule; and
(e) Who has paid appropriate fees as established by rule
by the board.
(2) The examination described in subsection (1)(c) of
this section shall test the applicant’s knowledge of the
subjects of accounting and auditing, and other related fields
the board may specify by rule. The time for holding the
examination is fixed by the board and may be changed from
time to time. The board shall prescribe by rule the methods
of applying for and taking the examination, including
methods for grading examinations and determining a passing
grade required of an applicant for a license. The board shall
to the extent possible see to it that the grading of the
examination, and the passing grades, are uniform with those
applicable to all other states. The board may make use of
all or a part of the uniform certified public accountant
examination and advisory grading service of the American
Institute of Certified Public Accountants and may contract
with third parties to perform administrative services with
respect to the examination as the board deems appropriate to
assist it in performing its duties under this chapter. The
board shall establish by rule provisions for transitioning to
a new examination structure or to a new media for administering the examination.
(3) The board shall charge each applicant an examination fee for the initial examination or for reexamination.
The applicable fee shall be paid by the person at the time he
or she applies for examination, reexamination, or evaluation
of educational qualifications. Fees for examination, reexamination, or evaluation of educational qualifications shall be
determined by the board under chapter 18.04 RCW. There
is established in the state treasury an account to be known as
the certified public accountants’ account. All fees received
from candidates to take any or all sections of the certified
public accountant examination shall be used only for costs
related to the examination.
(4) Persons who on June 30, 2001, held valid certificates previously issued under this chapter shall be deemed to
be certificate holders, subject to the following:
(a) Certificate holders may, prior to June 30, 2004,
petition the board to become licensees by documenting to the
board that they have gained one year of experience through
the use of accounting, issuing reports on financial statements,
management advisory, financial advisory, tax, tax advisory,
or consulting skills, without regard to the eight-year limitation set forth in (b) of this subsection, while employed in
government, industry, academia, or public practice.
(b) Certificate holders who do not petition to become
licensees prior to June 30, 2004, may after that date petition
the board to become licensees by documenting to the board
that they have one year of experience acquired within eight
years prior to applying for a license through the use of
accounting, issuing reports on financial statements, management advisory, financial advisory, tax, tax advisory, or
[Title 18 RCW—page 5]
18.04.105
Title 18 RCW: Businesses and Professions
consulting skills in government, industry, academia, or public
practice.
(c) Certificate holders who petition the board pursuant
to (a) or (b) of this subsection must also meet competency
requirements in a manner as determined by the board to be
appropriate and established by board rule.
(d) Any certificate holder petitioning the board pursuant
to (a) or (b) of this subsection to become a licensee must
submit to the board satisfactory proof of having completed
an accumulation of one hundred twenty hours of CPE during
the thirty-six months preceding the date of filing the petition.
(e) Any certificate holder petitioning the board pursuant
to (a) or (b) of this subsection to become a licensee must
pay the appropriate fees established by rule by the board.
(5) Certificate holders shall comply with the prohibition
against the practice of public accounting in RCW 18.04.345.
(6) Persons who on June 30, 2001, held valid certificates previously issued under this chapter are deemed to hold
inactive certificates, subject to renewal as inactive certificates, until they have petitioned the board to become
licensees and have met the requirements of subsection (4) of
this section. No individual who did not hold a valid certificate before July 1, 2001, is eligible to obtain an inactive
certificate.
(7) Persons deemed to hold inactive certificates under
subsection (6) of this section shall comply with the prohibition against the practice of public accounting in subsection
(8)(b) of this section and RCW 18.04.345, but are not
required to display the term inactive as part of their title, as
required by subsection (8)(a) of this section until renewal.
Certificates renewed to any persons after June 30, 2001, are
inactive certificates and the inactive certificate holders are
subject to the requirements of subsection (8) of this section.
(8) Persons holding an inactive certificate:
(a) Must use or attach the term "inactive" whenever
using the title CPA or certified public accountant or referring
to the certificate, and print the word "inactive" immediately
following the title, whenever the title is printed on a business
card, letterhead, or any other document, including documents
published or transmitted through electronic media, in the
same font and font size as the title; and
(b) Are prohibited from practicing public accounting.
[2001 c 294 § 7; 2000 c 171 § 2; 1999 c 378 § 2; 1992 c
103 § 7; 1991 sp.s. c 13 § 20; 1986 c 295 § 6; 1985 c 57 §
3; 1983 c 234 § 7.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 57 § 91.]
18.04.180 Reciprocity. (1) The board shall issue a
license to a holder of a certificate/valid license issued by
another state that entitles the holder to practice public
accountancy, provided that:
(a) Such state makes similar provision to grant reciprocity to a holder of a valid certificate or license in this state;
(b) The applicant meets the CPE requirements of RCW
18.04.215(5);
[Title 18 RCW—page 6]
(c) The applicant meets the good character requirements
of RCW 18.04.105(1)(a); and
(d) The applicant passed the examination required for
issuance of his or her certificate or license with grades that
would have been passing grades at that time in this state and
meets all current requirements in this state for issuance of a
license at the time application is made; or at the time of the
issuance of the applicant’s license in the other state, met all
the requirements then applicable in this state; or has had five
years of experience within the ten years immediately
preceding application in the practice of public accountancy
that meets the requirements prescribed by the board.
(2) The board may accept NASBA’s designation of the
applicant as substantially equivalent to national standards as
meeting the requirement of subsection (1)(d) of this section.
(3) A licensee who has been granted a license under the
reciprocity provisions of this section shall notify the board
within thirty days if the license or certificate issued in the
other jurisdiction has lapsed or if the status of the license or
certificate issued in the other jurisdiction becomes otherwise
invalid. [2001 c 294 § 8; 1992 c 103 § 8; 1949 c 226 § 17;
Rem. Supp. 1949 § 8269-24.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.183 Accountants from foreign countries. The
board shall grant a license as a certified public accountant to
a holder of a permit, license, or certificate issued by a
foreign country’s board, agency, or institute, provided that:
(1) The foreign country where the foreign permit,
license, or certificate was issued is a party to an agreement
on trade with the United States that encourages the mutual
recognition of licensing and certification requirements for the
provision of covered services by the parties under the trade
agreement;
(2) Such foreign country’s board, agency, or institute
makes similar provision to allow a person who holds a valid
license issued by this state to obtain such foreign country’s
comparable permit, license, or certificate;
(3) The foreign permit, license, or certificate:
(a) Was duly issued by such foreign country’s board,
agency, or institute that regulates the practice of public
accountancy; and
(b) Is in good standing at the time of the application;
and
(c) Was issued upon the basis of educational, examination, experience, and ethical requirements substantially
equivalent currently or at the time of issuance of the foreign
permit, license, or certificate to those in this state;
(4) The applicant has within the thirty-six months prior
to application completed an accumulation of one hundred
twenty hours of CPE as required under RCW 18.04.215(5).
The board shall provide for transition from existing to new
CPE requirements;
(5) The applicant’s foreign permit, license, or certificate
was the type of permit, license, or certificate requiring the
most stringent qualifications if, in the foreign country, more
than one type of permit, license, or certificate is issued.
This state’s board shall decide which are the most stringent
qualifications;
(6) The applicant has passed a written examination or its
equivalent, approved by the board, that tests knowledge in
(2002 Ed.)
Accountancy
the areas of United States accounting principles, auditing
standards, commercial law, income tax law, and Washington
state rules of professional ethics; and
(7) The applicant has within the eight years prior to
applying for a license under this section, demonstrated, in
accordance with the rules issued by the board, one year of
public accounting experience, within the foreign country
where the foreign permit, license, or certificate was issued,
equivalent to the experience required under RCW
18.04.105(1)(d) or such other experience or employment
which the board in its discretion regards as substantially
equivalent.
The board may adopt by rule new CPE standards that
differ from those in subsection (4) of this section or RCW
18.04.215 if the new standards are consistent with the CPE
standards of other states so as to provide to the greatest
extent possible, consistent national standards.
A licensee who has been granted a license under the
reciprocity provisions of this section shall notify the board
within thirty days if the permit, license, or certificate issued
in the other jurisdiction has lapsed or if the status of the
permit, license, or certificate issued in the other jurisdiction
becomes otherwise invalid. [2001 c 294 § 9; 1999 c 378 §
3; 1992 c 103 § 18.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.185 Application for license—Secretary of state
agent for service of process. Application for a license to
practice public accounting in this state by a certified public
accountant or CPA firm who holds a license or permit to
practice issued by another state constitutes the appointment
of the secretary of state as an agent for service of process in
any action or proceeding against the applicant arising from
any transaction or operation connected with or incidental to
the practice of public accounting in this state by the holder
of the license to practice. [2001 c 294 § 10; 1999 c 378 §
4; 1986 c 295 § 7; 1983 c 234 § 8.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.195 License required—Requirements—
Application—Fees. (1) A sole proprietorship engaged in
business in this state and offering to issue or issuing reports
on financial statements or using the title CPA or certified
public accountant shall license, as a firm, every three years
with the board.
(a) The sole proprietor shall hold a license to practice
under RCW 18.04.215;
(b) Each resident person in charge of an office located
in this state shall hold a license to practice under RCW
18.04.215; and
(c) The licensed firm must meet competency requirements established by rule by the board.
(2) A partnership engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board, and shall
meet the following requirements:
(a) At least one general partner of the partnership shall
hold a license to practice under RCW 18.04.215;
(b) Each resident person in charge of an office in this
state shall hold a license to practice under RCW 18.04.215;
(2002 Ed.)
18.04.183
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
partners or owners shall be held by natural persons who are
licensees or holders of a valid license issued under this
chapter or by another state that entitles the holder to practice
public accounting in this state. The principal partner of the
partnership and any partner having authority over issuing reports on financial statements shall hold a license under this
chapter or issued by another state that entitles the holder to
practice public accounting in this state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(3) A corporation engaged in business in this state and
offering to issue or issuing reports on financial statements or
using the title CPA or certified public accountant shall
license as a firm every three years with the board and shall
meet the following requirements:
(a) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
shareholders or owners shall be held by natural persons who
are licensees or holders of a valid license issued under this
chapter or by another state that entitles the holder to practice
public accounting in this state and is principally employed
by the corporation or actively engaged in its business. The
principal officer of the corporation and any officer or
director having authority over issuing reports on financial
statements shall hold a license under this chapter or issued
by another state that entitles the holder to practice public accounting in this state;
(b) At least one shareholder of the corporation shall
hold a license under RCW 18.04.215;
(c) Each resident person in charge of an office located
in this state shall hold a license under RCW 18.04.215;
(d) A written agreement shall bind the corporation or its
shareholders to purchase any shares offered for sale by, or
not under the ownership or effective control of, a qualified
shareholder, and bind any holder not a qualified shareholder
to sell the shares to the corporation or its qualified shareholders. The agreement shall be noted on each certificate of
corporate stock. The corporation may purchase any amount
of its stock for this purpose, notwithstanding any impairment
of capital, as long as one share remains outstanding;
(e) The corporation shall comply with any other rules
pertaining to corporations practicing public accounting in this
state as the board may prescribe; and
(f) The licensed firm must meet competency requirements established by rule by the board.
(4) A limited liability company engaged in business in
this state and offering to issue or issuing reports on financial
statements or using the title CPA or certified public accountant shall license as a firm every three years with the board,
and shall meet the following requirements:
(a) At least one member of the limited liability company
shall hold a license under RCW 18.04.215;
(b) Each resident manager or member in charge of an
office located in this state shall hold a license under RCW
18.04.215;
(c) A simple majority of the ownership of the licensed
firm in terms of financial interests and voting rights of all
owners shall be held by natural persons who are licensees or
holders of a valid license issued under this chapter or by
another state that entitles the holder to practice public ac[Title 18 RCW—page 7]
18.04.195
Title 18 RCW: Businesses and Professions
counting in this state. The principal member or manager of
the limited liability company and any member having
authority over issuing reports on financial statements shall
hold a license under this chapter or issued by another state
that entitles the holder to practice public accounting in this
state; and
(d) The licensed firm must meet competency requirements established by rule by the board.
(5) Application for a license as a firm shall be made
upon the affidavit of the proprietor or person designated as
managing partner, member, or shareholder for Washington.
This person shall hold a license under RCW 18.04.215. The
board shall determine in each case whether the applicant is
eligible for a license. A partnership, corporation, or limited
liability company which is licensed to practice under RCW
18.04.215 may use the designation "certified public accountants" or "CPAs" in connection with its partnership, limited
liability company, or corporate name. The board shall be
given notification within ninety days after the admission or
withdrawal of a partner, shareholder, or member engaged in
this state in the practice of public accounting from any
partnership, corporation, or limited liability company so licensed.
(6) Licensed firms which fall out of compliance with the
provisions of this section due to changes in firm ownership
or personnel, after receiving or renewing a license, shall
notify the board in writing within thirty days of its falling
out of compliance and propose a time period in which they
will come back into compliance. The board may grant a
reasonable period of time for a firm to be in compliance
with the provisions of this section. Failure to bring the firm
into compliance within a reasonable period of time, as determined by the board, may result in suspension, revocation, or
imposition of conditions on the firm’s license.
(7) Fees for the license as a firm and for notification of
the board of the admission or withdrawal of a partner,
shareholder, or member shall be determined by the board.
Fees shall be paid by the firm at the time the license application form or notice of admission or withdrawal of a
partner, shareholder, or member is filed with the board.
(8) Nonlicensee owners of licensed firms are:
(a) Required to fully comply with the provisions of this
chapter and board rules;
(b) Required to be a natural person;
(c) Required to be an active individual participant in the
licensed firm or affiliated entities as these terms are defined
by board rule; and
(d) Subject to discipline by the board for violation of
this chapter.
(9) Resident nonlicensee owners of licensed firms are
required to meet:
(a) The ethics examination, registration, and fee requirements as established by the board rules; and
(b) The ethics CPE requirements established by the
board rules. [2001 c 294 § 11; 1999 c 378 § 5; 1994 c 211
§ 1402; 1986 c 295 § 8; 1983 c 234 § 9.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
[Title 18 RCW—page 8]
18.04.205 Registration of offices—Requirements—
Rules—Fees. (1) Each office established or maintained in
this state for the purpose of offering to issue or issuing
reports on financial statements in this state or that uses the
title "certified public accountant" or "CPA," shall register
with the board under this chapter every three years.
(2) Each office shall be under the direct supervision of
a resident licensee holding a license under RCW 18.04.215.
(3) The board shall by rule prescribe the procedure to be
followed to register and maintain offices established in this
state for the purpose of offering to issue or issuing reports
on financial statements or that use the title "certified public
accountant" or "CPA."
(4) Fees for the registration of offices shall be determined by the board. Fees shall be paid by the applicant at
the time the registration form is filed with the board. [2001
c 294 § 12; 1999 c 378 § 6; 1992 c 103 § 9; 1986 c 295 §
9; 1983 c 234 § 10.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.215 Licenses—Issuance—Renewal and
reinstatement—Continuing professional education—Fees.
(1) Three-year licenses shall be issued by the board:
(a) To persons meeting the requirements of RCW
18.04.105(1), 18.04.180, or 18.04.183.
(b) To certificate holders meeting the requirements of
RCW 18.04.105(4).
(c) To firms under RCW 18.04.195, meeting the
requirements of RCW 18.04.205.
(2) The board shall, by rule, provide for a system of
certificate and license renewal and reinstatement. Applicants
for renewal or reinstatement shall, at the time of filing their
applications, list with the board all states and foreign
jurisdictions in which they hold or have applied for certificates, permits or licenses to practice.
(3) An inactive certificate is renewed every three years
with renewal subject to the requirements of ethics CPE and
the payment of fees, prescribed by the board. Failure to
renew the inactive certificate shall cause the inactive
certificate to lapse and be subject to reinstatement. The
board shall adopt rules providing for fees and procedures for
renewal and reinstatement of inactive certificates.
(4) A license is issued every three years with renewal
subject to requirements of CPE and payment of fees,
prescribed by the board. Failure to renew the license shall
cause the license to lapse and become subject to reinstatement. Persons holding a lapsed license are prohibited from
using the title "CPA" or "certified public accountant."
Persons holding a lapsed license are prohibited from practicing public accountancy. The board shall adopt rules
providing for fees and procedures for issuance, renewal, and
reinstatement of licenses.
(5) The board shall adopt rules providing for CPE for
licensees and certificate holders. The rules shall:
(a) Provide that a licensee shall verify to the board that
he or she has completed at least an accumulation of one
hundred twenty hours of CPE during the last three-year
period to maintain the license;
(b) Establish CPE requirements; and
(c) Establish when new licensees shall verify that they
have completed the required CPE.
(2002 Ed.)
Accountancy
(6) A certified public accountant who holds a license
issued by another state, and applies for a license in this state,
may practice in this state from the date of filing a completed
application with the board, until the board has acted upon the
application provided the application is made prior to holding
out as a certified public accountant in this state and no
sanctions or investigations, deemed by the board to be
pertinent to public accountancy, by other jurisdictions or
agencies are in process.
(7) A licensee shall submit to the board satisfactory
proof of having completed an accumulation of one hundred
twenty hours of CPE recognized and approved by the board
during the preceding three years. Failure to furnish this
evidence as required shall make the license lapse and subject
to reinstatement procedures, unless the board determines the
failure to have been due to retirement or reasonable cause.
The board in its discretion may renew a certificate or
license despite failure to furnish evidence of compliance with
requirements of CPE upon condition that the applicant
follow a particular program of CPE. In issuing rules and
individual orders with respect to CPE requirements, the
board, among other considerations, may rely upon guidelines
and pronouncements of recognized educational and professional associations, may prescribe course content, duration,
and organization, and may take into account the accessibility
of CPE to licensees and certificate holders and instances of
individual hardship.
(8) Fees for renewal or reinstatement of certificates and
licenses in this state shall be determined by the board under
this chapter. Fees shall be paid by the applicant at the time
the application form is filed with the board. The board, by
rule, may provide for proration of fees for licenses or
certificates issued between normal renewal dates. [2001 c
294 § 13; 1999 c 378 § 7; 1992 c 103 § 10; 1986 c 295 §
10; 1983 c 234 § 11.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.295 Actions against CPA license. The board
shall have the power to: Revoke, suspend, refuse to renew,
or reinstate a license or certificate; impose a fine in an
amount not to exceed ten thousand dollars plus the board’s
investigative and legal costs in bringing charges against a
certified public accountant, a certificate holder, a licensee, a
licensed firm, or a nonlicensee holding an ownership interest
in a licensed firm; may impose full restitution to injured
parties; may impose conditions precedent to renewal of a
certificate or a license; or may prohibit a nonlicensee from
holding an ownership interest in a licensed firm, for any of
the following causes:
(1) Fraud or deceit in obtaining a license, or in any
filings with the board;
(2) Dishonesty, fraud, or negligence while representing
oneself as a nonlicensee owner holding an ownership interest
in a licensed firm, a licensee, or a certificate holder;
(3) A violation of any provision of this chapter;
(4) A violation of a rule of professional conduct
promulgated by the board under the authority granted by this
chapter;
(5) Conviction of a crime or an act constituting a crime
under:
(a) The laws of this state;
(2002 Ed.)
18.04.215
(b) The laws of another state, and which, if committed
within this state, would have constituted a crime under the
laws of this state; or
(c) Federal law;
(6) Cancellation, revocation, suspension, or refusal to
renew the authority to practice as a certified public accountant by any other state for any cause other than failure to pay
a fee or to meet the requirements of CPE in the other state;
(7) Suspension or revocation of the right to practice
matters relating to public accounting before any state or
federal agency;
For purposes of subsections (6) and (7) of this section,
a certified copy of such revocation, suspension, or refusal to
renew shall be prima facie evidence;
(8) Failure to maintain compliance with the requirements for issuance, renewal, or reinstatement of a certificate
or license, or to report changes to the board;
(9) Failure to cooperate with the board by:
(a) Failure to furnish any papers or documents requested
or ordered by the board;
(b) Failure to furnish in writing a full and complete
explanation covering the matter contained in the complaint
filed with the board or the inquiry of the board;
(c) Failure to respond to subpoenas issued by the board,
whether or not the recipient of the subpoena is the accused
in the proceeding;
(10) Failure by a nonlicensee owner of a licensed firm
to comply with the requirements of this chapter or board
rule; and
(11) Failure to comply with an order of the board.
[2001 c 294 § 14; 2000 c 171 § 1; 1992 c 103 § 11; 1986 c
295 § 11; 1983 c 234 § 12.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.305 Actions against firm license. The board
may revoke, suspend, or refuse to renew the license issued
to a firm if at any time the firm does not meet the requirements of this chapter for licensing, or for any of the causes
enumerated in RCW 18.04.295, or for any of the following
additional causes:
(1) The revocation or suspension of the solepractitioner’s license or the revocation or suspension or
refusal to renew the license of any partner, manager,
member, or shareholder;
(2) The revocation, suspension, or refusal to renew the
license of the firm, or any partner, manager, member, or
shareholder thereof, to practice public accounting in any
other state or foreign jurisdiction for any cause other than
failure to pay a fee or to meet the CPE requirements of the
other state or foreign jurisdiction;
(3) Failure by a nonlicensee owner of a licensed firm to
comply with the requirements of this chapter or board rule;
or
(4) Failure of the firm to comply with the requirements
of this chapter or board rule. [2001 c 294 § 15; 1992 c 103
§ 12; 1986 c 295 § 12; 1983 c 234 § 13.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.320 Actions against license—Procedures. In
the case of the refusal, revocation, or suspension of a
certificate or a license by the board under the provisions of
[Title 18 RCW—page 9]
18.04.320
Title 18 RCW: Businesses and Professions
this chapter, such proceedings and any appeal therefrom
shall be taken in accordance with the administrative procedure act, chapter 34.05 RCW. [1986 c 295 § 13; 1983 c 234
§ 14; 1949 c 226 § 31; Rem. Supp. 1949 § 8269-38.]
18.04.335 Reissuance or modification of suspension
of license or certificate. (1) Upon application in writing
and after hearing pursuant to notice, the board may:
(a) Modify the suspension of, or reissue a certificate or
a license to, an individual whose certificate or license has
been revoked or suspended; or
(b) Modify the suspension of, or reissue a license to a
firm whose license has been revoked, suspended, or which
the board has refused to renew.
(2) In the case of suspension for failure to comply with
a support order under chapter 74.20A RCW, if the person
has continued to meet all other requirements for reinstatement during the suspension, reissuance of a certificate or a
license shall be automatic upon the board’s receipt of a release issued by the department of social and health services
stating that the individual is in compliance with the order.
[2001 c 294 § 16; 1997 c 58 § 812; 1992 c 103 § 13; 1986
c 295 § 14; 1983 c 234 § 15.]
Effective date—2001 c 294: See note following RCW 18.04.015.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.04.345 Prohibited practices. (1) No person may
assume or use the designation "certified public accountantinactive" or "CPA-inactive" or any other title, designation,
words, letters, abbreviation, sign, card, or device tending to
indicate that the person is a certified public accountantinactive or CPA-inactive unless the person holds a certificate. Persons holding only a certificate may not practice
public accounting.
(2) No person may hold himself or herself out to the
public or assume or use the designation "certified public
accountant" or "CPA" or any other title, designation, words,
letters, abbreviation, sign, card, or device tending to indicate
that the person is a certified public accountant or CPA unless
the person holds a license under RCW 18.04.215.
(3) No firm may hold itself out to the public as offering
to issue or issuing reports on financial statements, or assume
or use the designation "certified public accountant" or "CPA"
or any other title, designation, words, letters, abbreviation,
sign, card, or device tending to indicate that the firm is
composed of certified public accountants or CPAs, unless the
firm is licensed under RCW 18.04.195 and all offices of the
firm in this state are maintained and registered under RCW
18.04.205.
(4) No person, partnership, limited liability company, or
corporation offering accounting services to the public may
hold himself, herself, or itself out to the public, or assume or
use along, or in connection with his, hers, or its name, or
any other name the title or designation "certified accountant,"
"chartered accountant," "licensed accountant," "licensed
public accountant," "public accountant," or any other title or
designation likely to be confused with "certified public
[Title 18 RCW—page 10]
accountant" or any of the abbreviations "CA," "LA," "LPA,"
or "PA," or similar abbreviations likely to be confused with
"CPA."
(5) No licensed firm may operate under an alias, a firm
name, title, or "DBA" that differs from the firm name that is
registered with the board.
(6) No person may sign, affix, or associate his or her
name or any trade or assumed name used by the person in
his or her business to any report designated as an "audit,"
"review," or "compilation," unless the person holds a license
to practice under RCW 18.04.215 and a firm license under
RCW 18.04.195, and all of the person’s offices in this state
are licensed under RCW 18.04.205.
(7) No person may sign, affix, or associate a firm name
to any report designated as an "audit," "review," or "compilation," unless the firm is licensed under RCW 18.04.195
and 18.04.215, and all of its offices in this state are maintained and registered under RCW 18.04.205.
(8) No person, partnership, limited liability company, or
corporation not holding a license to practice under RCW
18.04.215 may hold himself, herself, or itself out to the
public as an "auditor" with or without any other description
or designation by use of such word on any sign, card,
letterhead, or in any advertisement or directory. [2001 c 294
§ 17; 1999 c 378 § 8; 1992 c 103 § 14; 1986 c 295 § 15;
1983 c 234 § 16.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.350 Practices not prohibited. (1) Nothing in
this chapter prohibits any person not holding a license from
serving as an employee of a firm licensed under RCW
18.04.215. However, the employee or assistant shall not
issue any accounting or financial statement over his or her
name.
(2)(a) An individual, whose principal place of business
is not in this state, who has a valid certificate or license as
a certified public accountant from another state, and (i)
whose state of licensure has education, examination, and
experience requirements that are deemed by the board to be
substantially equivalent to this state’s requirements or (ii)
who, as an individual, has education, examination, and
experience that are deemed by the board to be substantially
equivalent to this state’s requirement shall have all the
privileges of license holders of this state without the need to
obtain a license under RCW 18.04.105 or 18.04.195.
However, such individuals shall notify the board, under such
circumstances and in such manner as the board determines
by rule, of their intent to enter the state under this section.
The board shall have the authority to establish a fee for the
practice privilege granted under this section by rule.
(b) An individual that enters the state under this section
and is granted this practice privilege shall abide by this
chapter and the rules adopted under this chapter and shall be
subject to discipline for violation of this chapter. However,
such individual is exempt from the continuing education requirements of this chapter provided the individual has met
the continuing education requirements of the state in which
the individual holds a valid certificate or license. The board
may accept NASBA’s designation of the individual’s state as
substantially equivalent to national standards, or NASBA’s
designation of the applicant as substantially equivalent to
(2002 Ed.)
Accountancy
national standards, as meeting the requirement for a certified
public accountant to be substantially equivalent to this state’s
requirements.
(c) Any certificate or license holder of another state
exercising the privilege afforded under this section consents,
as a condition of the grant of this privilege:
(i) To the personal and subject matter jurisdiction of the
board;
(ii) To the appointment of the state board which issued
the certificate or license as their agent upon whom process
may be served in any action or proceeding by this state’s
board against the certificate holder or licensee.
(d) A licensee of this state offering or rendering services
or using their certified public accountant title in another state
shall be subject to disciplinary action in this state for an act
committed in another state for which the certificate or permit
holder would be subject to discipline for an act committed
in the other state provided the board receives timely notification of the act. Notwithstanding RCW 18.04.295, the board
may investigate any complaint made by the board of
accountancy of another state.
(3) Nothing in this chapter prohibits a licensee, a
licensed firm, or any of their employees from disclosing any
data in confidence to other certified public accountants,
quality assurance or peer review teams, partnerships, limited
liability companies, or corporations of public accountants or
to the board or any of its employees engaged in conducting
quality assurance or peer reviews, or any one of their
employees in connection with quality or peer reviews of that
accountant’s accounting and auditing practice conducted
under the auspices of recognized professional associations.
(4) Nothing in this chapter prohibits a licensee, a
licensed firm, or any of their employees from disclosing any
data in confidence to any employee, representative, officer,
or committee member of a recognized professional association, or to the board, or any of its employees or committees in connection with a professional investigation held
under the auspices of recognized professional associations or
the board.
(5) Nothing in this chapter prohibits any officer,
employee, partner, or principal of any organization:
(a) From affixing his or her signature to any statement
or report in reference to the affairs of the organization with
any wording designating the position, title, or office which
he or she holds in the organization; or
(b) From describing himself or herself by the position,
title, or office he or she holds in such organization.
(6) Nothing in this chapter prohibits any person or firm
composed of persons not holding a license under RCW
18.04.215 from offering or rendering to the public bookkeeping, accounting, tax services, the devising and installing of
financial information systems, management advisory, or
consulting services, the preparation of tax returns, or the
furnishing of advice on tax matters, the preparation of
financial statements, written statements describing how such
financial statements were prepared, or similar services,
provided that persons, partnerships, limited liability companies, or corporations not holding a license under RCW
18.04.215 who offer or render these services do not designate any written statement as an "audit report," "review
report," or "compilation report," do not issue any written
statement which purports to express or disclaim an opinion
(2002 Ed.)
18.04.350
on financial statements which have been audited, and do not
issue any written statement which expresses assurance on
financial statements which have been reviewed.
(7) Nothing in this chapter prohibits any act of or the
use of any words by a public official or a public employee
in the performance of his or her duties.
(8) Nothing contained in this chapter prohibits any
person who holds only a valid certificate from assuming or
using the designation "certified public accountant-inactive"
or "CPA-inactive" or any other title, designation, words,
letters, sign, card, or device tending to indicate the person is
a certificate holder, provided, that such person does not
perform or offer to perform for the public one or more kinds
of services involving the use of accounting or auditing skills,
including issuance of reports on financial statements or of
one or more kinds of management advisory, financial
advisory, consulting services, the preparation of tax returns,
or the furnishing of advice on tax matters.
(9) Nothing in this chapter prohibits the use of the title
"accountant" by any person regardless of whether the person
has been granted a certificate or holds a license under this
chapter. Nothing in this chapter prohibits the use of the title
"enrolled agent" or the designation "EA" by any person
regardless of whether the person has been granted a certificate or holds a license under this chapter if the person is
properly authorized at the time of use to use the title or
designation by the United States department of the treasury.
The board shall by rule allow the use of other titles by any
person regardless of whether the person has been granted a
certificate or holds a license under this chapter if the person
using the titles or designations is authorized at the time of
use by a nationally recognized entity sanctioning the use of
board authorized titles. [2001 c 294 § 18; 1992 c 103 § 15;
1986 c 295 § 16; 1983 c 234 § 17; 1969 c 114 § 7; 1949 c
226 § 34; Rem. Supp. 1949 § 8269-41.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.360 Practices may be enjoined. If, in the
judgment of the board any person has engaged, or is about
to engage, in any acts or practices which constitute, or will
constitute, a violation of this chapter, the board may make
application to the appropriate court for an order enjoining
such acts or practices and upon a showing by the board that
such person has engaged, or is about to engage, in any such
acts or practices, an injunction, restraining order, or such
other order as may be appropriate may be granted by such
court. [1983 c 234 § 18; 1949 c 226 § 35; Rem. Supp. 1949
§ 8269-42.]
Injunctions: Chapter 7.40 RCW.
18.04.370 Penalty. (1) Any person who violates any
provision of this chapter, shall be guilty of a crime, as
follows:
(a) Any person who violates any provision of this
chapter is guilty of a misdemeanor, and upon conviction
thereof, shall be subject to a fine of not more than ten
thousand dollars, or to imprisonment for not more than six
months, or to both such fine and imprisonment.
(b) Notwithstanding (a) of this subsection, any person
who uses a professional title intended to deceive the public,
in violation of RCW 18.04.345, having previously entered
[Title 18 RCW—page 11]
18.04.370
Title 18 RCW: Businesses and Professions
into a stipulated agreement and order of assurance with the
board, is guilty of a felony, and upon conviction thereof, is
subject to a fine of not more than ten thousand dollars, or to
imprisonment for not more than two years, or to both such
fine and imprisonment.
(2) With the exception of first time violations of RCW
18.04.345, subject to subsection (3) of this section whenever
the board has reason to believe that any person is violating
the provisions of this chapter it shall certify the facts to the
prosecuting attorney of the county in which such person
resides or may be apprehended and the prosecuting attorney
shall cause appropriate proceedings to be brought against
such person.
(3) The board may elect to enter into a stipulated
agreement and orders of assurance with persons in violation
of RCW 18.04.345 who have not previously been found to
have violated the provisions of this chapter. The board may
order full restitution to injured parties as a condition of a
stipulated agreement and order of assurance.
(4) Nothing herein contained shall be held to in any way
affect the power of the courts to grant injunctive or other
relief as above provided. [2001 c 294 § 19; 1983 c 234 §
19; 1949 c 226 § 36; Rem. Supp. 1949 § 8269-43.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.380 Advertising falsely—Effect. (1) The
display or presentation by a person of a card, sign, advertisement, or other printed, engraved, or written instrument or
device, bearing a person’s name in conjunction with the
words "certified public accountant" or any abbreviation
thereof shall be prima facie evidence in any action brought
under this chapter that the person whose name is so displayed, caused or procured the display or presentation of the
card, sign, advertisement, or other printed, engraved, or
written instrument or device, and that the person is holding
himself or herself out to be a licensee, a certified public
accountant, or a person holding a certificate under this
chapter.
(2) The display or presentation by a person of a card,
sign, advertisement, or other printed, engraved, or written
instrument or device, bearing a person’s name in conjunction
with the words certified public accountant-inactive or any
abbreviation thereof is prima facie evidence in any action
brought under this chapter that the person whose name is so
displayed caused or procured the display or presentation of
the card, sign, advertisement, or other printed, engraved, or
written instrument or device, and that the person is holding
himself or herself out to be a certified public accountantinactive under this chapter.
(3) In any action under subsection (1) or (2) of this
section, evidence of the commission of a single act prohibited by this chapter is sufficient to justify an injunction or a
conviction without evidence of a general course of conduct.
[2001 c 294 § 20; 1986 c 295 § 17; 1983 c 234 § 20; 1949
c 226 § 37; Rem. Supp. 1949 § 8269-44.]
Effective date—2001 c 294: See note following RCW 18.04.015.
False advertising: Chapter 9.04 RCW.
18.04.390 Papers, records, schedules, etc., property
of the licensee or licensed firm—Prohibited practices—
Rights of client. (1) In the absence of an express agreement
[Title 18 RCW—page 12]
between the licensee or licensed firm and the client to the
contrary, all statements, records, schedules, working papers,
and memoranda made by a licensee or licensed firm incident
to or in the course of professional service to clients, except
reports submitted by a licensee or licensed firm, are the
property of the licensee or licensed firm.
(2) No statement, record, schedule, working paper, or
memorandum may be sold, transferred, or bequeathed
without the consent of the client or his or her personal
representative or assignee, to anyone other than one or more
surviving partners, shareholders, or new partners or new
shareholders of the licensee, partnership, limited liability
company, or corporation, or any combined or merged
partnership, limited liability company, or corporation, or
successor in interest.
(3) A licensee shall furnish to the board or to his or her
client or former client, upon request and reasonable notice:
(a) A copy of the licensee’s working papers or electronic documents, to the extent that such working papers or
electronic documents include records that would ordinarily
constitute part of the client’s records and are not otherwise
available to the client; and
(b) Any accounting or other records belonging to, or
obtained from or on behalf of, the client that the licensee
removed from the client’s premises or received for the
client’s account; the licensee may make and retain copies of
such documents of the client when they form the basis for
work done by him or her.
(4) Nothing in this section shall require a licensee to
keep any work paper or electronic document beyond the
period prescribed in any other applicable statute.
(5) Nothing in this section should be construed as
prohibiting any temporary transfer of workpapers or other
material necessary in the course of carrying out peer reviews
or as otherwise interfering with the disclosure of information
pursuant to RCW 18.04.405. [2001 c 294 § 21; 1992 c 103
§ 16; 1986 c 295 § 18; 1983 c 234 § 21; 1949 c 226 § 38;
Rem. Supp. 1949 § 8269-45.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.405 Confidential information—Disclosure,
when—Subpoenas. (1) A licensee, certificate holder, or
licensed firm, or any of their employees shall not disclose
any confidential information obtained in the course of a
professional transaction except with the consent of the client
or former client or as disclosure may be required by law,
legal process, the standards of the profession, or as disclosure of confidential information is permitted by RCW
18.04.350 (3) and (4), 18.04.295(8), 18.04.390, and this
section in connection with quality assurance, or peer reviews,
investigations, and any proceeding under chapter 34.05
RCW.
(2) This section shall not be construed as limiting the
authority of this state or of the United States or an agency of
this state, the board, or of the United States to subpoena and
use such confidential information obtained by a licensee, or
any of their employees in the course of a professional
transaction in connection with any investigation, public
hearing, or other proceeding, nor shall this section be
construed as prohibiting a licensee or certified public
accountant whose professional competence has been chal(2002 Ed.)
Accountancy
lenged in a court of law or before an administrative agency
from disclosing confidential information as a part of a
defense to the court action or administrative proceeding.
(3) The proceedings, records, and work papers of a
review committee shall be privileged and shall not be subject
to discovery, subpoena, or other means of legal process or
introduction into evidence in any civil action, arbitration,
administrative proceeding, or board proceeding and no
member of the review committee or person who was
involved in the peer review process shall be permitted or required to testify in any such civil action, arbitration, administrative proceeding, or board proceeding as to any matter
produced, presented, disclosed, or discussed during or in
connection with the peer review process, or as to any
findings, recommendations, evaluations, opinions, or other
actions of such committees, or any members thereof.
Information, documents, or records that are publicly available are not to be construed as immune from discovery or
use in any civil action, arbitration, administrative proceeding,
or board proceeding merely because they were presented or
considered in connection with the quality assurance or peer
review process. [2001 c 294 § 22; 1992 c 103 § 17; 1986
c 295 § 19; 1983 c 234 § 23.]
18.04.405
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.04.901 Severability. If any provision of this
chapter or its application to any person or circumstance is
held invalid, the remainder of the chapter or the application
of the provision to other persons or circumstances is not
affected. [1986 c 295 § 20; 1983 c 234 § 34.]
18.04.910 Effective date—1983 c 234. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect on July
1, 1983. [1983 c 234 § 35.]
Effective date—2001 c 294: See note following RCW 18.04.015.
18.04.420 License or certificate suspension—
Nonpayment or default on educational loan or scholarship. The board shall suspend the license or certificate of
any person who has been certified by a lending agency and
reported to the board for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s license or certificate shall not be
reissued until the person provides the board a written release
issued by the lending agency stating that the person is making payments on the loan in accordance with a repayment
agreement approved by the lending agency. If the person
has continued to meet all other requirements for licensure or
certification during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the board may impose. [1996 c 293 § 2.]
Severability—1996 c 293: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 293 § 28.]
18.04.430 License or certificate suspension—
Noncompliance with support order—Reissuance. The
board shall immediately suspend the certificate or license of
a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license or certificate shall be
automatic upon the board’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the order. [1997 c 58 § 811.]
(2002 Ed.)
18.04.911 Effective date—1986 c 295. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect on July
1, 1986, except as provided in this section. *Section 5 of
this act shall not become effective if sections 90(1) and 4 of
Engrossed Substitute House Bill No. 1758 become law.
[1986 c 295 § 24.]
*Reviser’s note: Section 5 of this act was vetoed by the governor.
18.04.920 Short title. This chapter may be cited as
the public accountancy act. [1986 c 295 § 22; 1983 c 234
§ 1.]
Chapter 18.06
ACUPUNCTURE
Sections
18.06.010
18.06.020
18.06.045
18.06.050
18.06.060
18.06.070
18.06.080
18.06.090
18.06.100
18.06.110
18.06.120
18.06.130
18.06.140
18.06.150
18.06.160
18.06.180
18.06.190
18.06.200
18.06.210
Definitions.
Practice without license unlawful.
Exemptions from chapter.
Applications for examination—Qualifications.
Approval of educational programs.
Approval of applications—Examination fee.
Authority of secretary—Examination—Contents—Ad hoc
committee—Immunity.
Fluency in English required.
Investigation of applicant’s background.
Application of Uniform Disciplinary Act.
Compliance with administrative procedures—Fees.
Patient information form.
Consultation and referral to other health care practitioners.
Violations of RCW 18.06.130 or 18.06.140—Penalty.
Adoption of rules.
Application of chapter to previously registered acupuncture
assistants.
Licensing by endorsement.
Health care insurance benefits not mandatory.
Prescription of drugs and practice of medicine not authorized.
[Title 18 RCW—page 13]
Chapter 18.06
Title 18 RCW: Businesses and Professions
Performance of acupuncture by physician assistants and osteopathic
physician assistants: RCW 18.57A.070.
18.06.010 Definitions. The following terms in this
chapter shall have the meanings set forth in this section
unless the context clearly indicates otherwise:
(1) "Acupuncture" means a health care service based on
an Oriental system of medical theory utilizing Oriental
diagnosis and treatment to promote health and treat organic
or functional disorders by treating specific acupuncture
points or meridians. Acupuncture includes the following
techniques:
(a) Use of acupuncture needles to stimulate acupuncture
points and meridians;
(b) Use of electrical, mechanical, or magnetic devices to
stimulate acupuncture points and meridians;
(c) Moxibustion;
(d) Acupressure;
(e) Cupping;
(f) Dermal friction technique;
(g) Infra-red;
(h) Sonopuncture;
(i) Laserpuncture;
(j) Point injection therapy (aquapuncture); and
(k) Dietary advice based on Oriental medical theory
provided in conjunction with techniques under (a) through (j)
of this subsection.
(2) "Acupuncturist" means a person licensed under this
chapter.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the
secretary’s designee. [1995 c 323 § 4; 1992 c 110 § 1; 1991
c 3 § 4; 1985 c 326 § 1.]
18.06.020 Practice without license unlawful. (1) No
one may hold themselves out to the public as an acupuncturist or licensed acupuncturist or any derivative thereof which
is intended to or is likely to lead the public to believe such
a person is an acupuncturist or licensed acupuncturist unless
licensed as provided for in this chapter.
(2) A person may not practice acupuncture if the person
is not licensed under this chapter.
(3) No one may use any configuration of letters after
their name (including Ac.) which indicates a degree or
formal training in acupuncture unless licensed as provided
for in this chapter.
(4) The secretary may by rule proscribe or regulate
advertising and other forms of patient solicitation which are
likely to mislead or deceive the public as to whether someone is licensed under this chapter. [1995 c 323 § 5; 1991 c
3 § 5; 1985 c 326 § 2.]
18.06.045 Exemptions from chapter. Nothing in this
chapter shall be construed to prohibit or restrict:
(1) The practice by an individual credentialed under the
laws of this state and performing services within such
individual’s authorized scope of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
[Title 18 RCW—page 14]
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor;
(4) The practice of acupuncture by any person credentialed to perform acupuncture in any other jurisdiction where
such person is doing so in the course of regular instruction
of a school of acupuncture approved by the secretary or in
an educational seminar by a professional organization of acupuncture, provided that in the latter case, the practice is
supervised directly by a person licensed under this chapter
or licensed under any other healing art whose scope of
practice includes acupuncture. [1995 c 323 § 6; 1992 c 110
§ 2.]
18.06.050 Applications for examination—
Qualifications. Any person seeking to be examined shall
present to the secretary at least forty-five days before the
commencement of the examination:
(1) A written application on a form or forms provided
by the secretary setting forth under affidavit such information as the secretary may require; and
(2) Proof that the candidate has:
(a) Successfully completed a course, approved by the
secretary, of didactic training in basic sciences and acupuncture over a minimum period of two academic years. The
training shall include such subjects as anatomy, physiology,
bacteriology, biochemistry, pathology, hygiene, and a survey
of western clinical sciences. The basic science classes must
be equivalent to those offered at the collegiate level.
However, if the applicant is a licensed chiropractor under
chapter 18.25 RCW or a naturopath licensed under chapter
18.36A RCW, the requirements of this subsection relating to
basic sciences may be reduced by up to one year depending
upon the extent of the candidate’s qualifications as determined under rules adopted by the secretary;
(b) Successfully completed a course, approved by the
secretary, of clinical training in acupuncture over a minimum
period of one academic year. The training shall include a
minimum of: (i) Twenty-nine quarter credits of supervised
practice, consisting of at least four hundred separate patient
treatments involving a minimum of one hundred different
patients, and (ii) one hundred hours or nine quarter credits
of observation which shall include case presentation and
discussion. [1991 c 3 § 7; 1987 c 447 § 15; 1985 c 326 §
5.]
Severability—1987 c 447: See RCW 18.36A.901.
18.06.060 Approval of educational programs. The
department shall consider for approval any school, program,
apprenticeship, or tutorial which meets the requirements
outlined in this chapter and provides the training required
under RCW 18.06.050. Clinical and didactic training may
be approved as separate programs or as a joint program.
The process for approval shall be established by the secretary by rule. [1991 c 3 § 8; 1985 c 326 § 6.]
18.06.070 Approval of applications—Examination
fee. No applicant may be permitted to take an examination
under this chapter until the secretary has approved his or her
(2002 Ed.)
Acupuncture
application and the applicant has paid an examination fee as
prescribed under RCW 43.70.250. The examination fee shall
accompany the application. [1991 c 3 § 9; 1985 c 326 § 7.]
18.06.080 Authority of secretary—Examination—
Contents—Ad hoc committee—Immunity. (1) The secretary is hereby authorized and empowered to execute the
provisions of this chapter and shall offer examinations in
acupuncture at least twice a year at such times and places as
the secretary may select. The examination shall be a written
examination and may include a practical examination.
(2) The secretary shall develop or approve a licensure
examination in the subjects that the secretary determines are
within the scope of and commensurate with the work
performed by licensed acupuncturists and shall include but
not necessarily be limited to anatomy, physiology, microbiology, biochemistry, pathology, hygiene, and acupuncture. All
application papers shall be deposited with the secretary and
there retained for at least one year, when they may be
destroyed.
(3) If the examination is successfully passed, the
secretary shall confer on such candidate the title of Licensed
Acupuncturist.
(4) The secretary may appoint members of the profession to serve in an ad hoc advisory capacity to the secretary
in carrying out this chapter. The members will serve for
designated times and provide advice on matters specifically
identified and requested by the secretary. The members
shall be compensated in accordance with RCW 43.03.220
and reimbursed for travel expenses under RCW 43.03.040
and 43.03.060.
(5) The secretary, ad hoc committee members, or
individuals acting in their behalf are immune from suit in a
civil action based on any certification or disciplinary
proceedings or other official acts performed in the course of
their duties. [1995 c 323 § 7; 1994 sp.s. c 9 § 502; 1992 c
110 § 3; 1991 c 3 § 10; 1985 c 326 § 8.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.06.090 Fluency in English required. Before
licensure, each applicant shall demonstrate sufficient fluency
in reading, speaking, and understanding the English language
to enable the applicant to communicate with other health
care providers and patients concerning health care problems
and treatment. [1995 c 323 § 8; 1985 c 326 § 9.]
18.06.100 Investigation of applicant’s background.
Each applicant shall, as part of his or her application, furnish
written consent to an investigation of his or her personal
background, professional training, and experience by the
department or any person acting on its behalf. [1985 c 326
§ 10.]
18.06.110 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW,
governs uncertified practice, the issuance and denial of
licenses, and the disciplining of license holders under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1995 c 323 § 9; 1991 c 3 § 11; 1987 c
150 § 9; 1985 c 326 § 11.]
(2002 Ed.)
18.06.070
Severability—1987 c 150: See RCW 18.122.901.
18.06.120 Compliance with administrative procedures—Fees. (1) Every person licensed in acupuncture shall
comply with the administrative procedures and administrative
requirements for registration and renewal set by the secretary
under RCW 43.70.250 and 43.70.280.
(2) All fees collected under this section and RCW
18.06.070 shall be credited to the health professions account
as required under RCW 43.70.320. [1996 c 191 § 3; 1995
c 323 § 10; 1992 c 110 § 4; 1991 c 3 § 12; 1985 c 326 §
12.]
18.06.130 Patient information form. The secretary
shall develop a form to be used by an acupuncturist to
inform the patient of the acupuncturist’s scope of practice
and qualifications. All license holders shall bring the form
to the attention of the patients in whatever manner the secretary, by rule, provides. [1995 c 323 § 11; 1991 c 3 § 13;
1985 c 326 § 13.]
18.06.140 Consultation and referral to other health
care practitioners. Every licensed acupuncturist shall
develop a written plan for consultation, emergency transfer,
and referral to other health care practitioners operating
within the scope of their authorized practices. The written
plan shall be submitted with the initial application for
licensure as well as annually thereafter with the license
renewal fee to the department. The department may withhold licensure or renewal of licensure if the plan fails to
meet the standards contained in rules adopted by the secretary.
When the acupuncturist sees patients with potentially
serious disorders such as cardiac conditions, acute abdominal
symptoms, and such other conditions, the acupuncturist shall
immediately request a consultation or recent written diagnosis from a physician licensed under chapter 18.71 or 18.57
RCW. In the event that the patient with the disorder refuses
to authorize such consultation or provide a recent diagnosis
from such physician, acupuncture treatment shall not be
continued. [1995 c 323 § 12; 1991 c 3 § 14; 1985 c 326 §
14.]
18.06.150 Violations of RCW 18.06.130 or
18.06.140—Penalty. Any person violating the provisions of
RCW 18.06.130 or 18.06.140 shall be guilty of a misdemeanor and shall be punished as provided in RCW 9.92.030.
[1985 c 326 § 15.]
18.06.160 Adoption of rules. The secretary shall
adopt rules in the manner provided by chapter 34.05 RCW
as are necessary to carry out the purposes of this chapter.
[1991 c 3 § 15; 1985 c 326 § 16.]
18.06.180 Application of chapter to previously
registered acupuncture assistants. All persons registered
as acupuncture assistants pursuant to chapter 18.71A or
18.57A RCW on July 28, 1985, shall be certified under this
chapter by the secretary without examination if they otherwise would qualify for certification under this chapter and
[Title 18 RCW—page 15]
18.06.180
Title 18 RCW: Businesses and Professions
apply for certification within one hundred twenty days of
July 28, 1985. [1991 c 3 § 17; 1985 c 326 § 18.]
property and to promote the public welfare, it is necessary
to regulate the practice of architecture. [1985 c 37 § 1.]
18.06.190 Licensing by endorsement. The secretary
may license a person without examination if such person is
credentialed as an acupuncturist in another jurisdiction if, in
the secretary’s judgment, the requirements of that jurisdiction
are equivalent to or greater than those of Washington state.
[1995 c 323 § 13; 1991 c 3 § 18; 1985 c 326 § 19.]
18.08.240 Architects’ license account. There is
established in the state treasury the architects’ license
account, into which all fees paid pursuant to this chapter
shall be paid. [1991 sp.s. c 13 § 2; 1985 c 57 § 4; 1959 c
323 § 15.]
18.06.200 Health care insurance benefits not
mandatory. Nothing in this chapter may be construed to
require that individual or group policies or contracts of an
insurance carrier, health care service contractor, or health
maintenance organization provide benefits or coverage for
services and supplies provided by a person licensed under
this chapter. [1995 c 323 § 14; 1985 c 326 § 20.]
18.06.210 Prescription of drugs and practice of
medicine not authorized. This chapter shall not be construed as permitting the administration or prescription of
drugs or in any way infringing upon the practice of medicine
and surgery as defined in chapter 18.71 or 18.57 RCW,
except as authorized in this chapter. [1985 c 326 § 21.]
Chapter 18.08
ARCHITECTS
Sections
18.08.235
18.08.240
18.08.310
18.08.320
18.08.330
Legislative findings—1985 c 37.
Architects’ license account.
Registration or authorization to practice required.
Definitions.
Board of registration—Appointment, terms, vacancies, removal—Officers—Travel expenses.
18.08.340 Board of registration—Rules—Executive secretary—Staff
support—Investigations—Subpoenas.
18.08.350 Certificate of registration—Application—Qualifications.
18.08.360 Examinations.
18.08.370 Issuance of certificates of registration—Seal, use.
18.08.380 Reinstatement of revoked certificates of registration—
Replacement of lost, destroyed, or mutilated certificates.
18.08.390 Registration of prior registrants.
18.08.400 Registration of out-of-state registrants.
18.08.410 Application of chapter.
18.08.420 Organization as corporation or joint stock association—
Procedure—Requirements.
18.08.430 Renewal of certificates of registration—Withdrawal.
18.08.440 Actions against certificate—Grounds—Penalties.
18.08.450 Actions against certificate—Discipline—Board’s authority—
Procedure.
18.08.460 Violation of chapter—Penalties—Enforcement—
Injunctions—Persons who may initiate proceedings.
18.08.470 Certificate or registration suspension—Nonpayment or default on educational loan or scholarship.
18.08.480 Certificate of registration or authorization suspension—
Noncompliance with support order—Reissuance.
18.08.490 Uniform regulation of business and professions act.
18.08.900 Severability—1985 c 37.
Public contracts for architectural services: Chapter 39.80 RCW.
Safety requirements as to doors, public buildings, and places of entertainment: RCW 70.54.070.
18.08.235 Legislative findings—1985 c 37. The
legislature finds that in order to safeguard life, health, and
[Title 18 RCW—page 16]
Effective dates—1991 sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions.
(1) On or before June 30, 1991, the balances remaining in the local
jail improvement and construction account, the 1979 handicapped facilities
construction account, the salmon enhancement construction account, the
community college capital improvements accounts, and the fisheries capital
projects account shall be transferred to the state building construction
account and the balance remaining in the Washington State University
construction account shall be transferred to the Washington State University
building account.
(2) Except for subsection (1) of this section, sections 1 through 47, 49
through 64, 66 through 108, and 110 through 122 of this act shall take
effect July 1, 1991, but shall not be effective for earnings on balances prior
to July 1, 1991, regardless of when a distribution is made.
(3) Sections 48 and 109 of this act shall take effect September 1,
1991.
(4) Section 65 of this act shall take effect January 1, 1992.
(5) *Sections 123 through 139 of this act shall take effect July 1,
1993, and shall be effective for earnings on balances beginning July 1,
1993, regardless of when a distribution is made." [1991 sp.s. c 13 § 141.]
*Reviser’s note: "Sections 123 through 139 of this act" [1991 sp.s.
c 13] were vetoed by the governor.
Severability—1991 sp.s. c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 sp.s. c 13 § 140.]
Effective date—1985 c 57: See note following RCW 18.04.105.
18.08.310 Registration or authorization to practice
required. It is unlawful for any person to practice or offer
to practice in this state, architecture, or to use in connection
with his or her name or otherwise assume, use, or advertise
any title or description including the word "architect," "architecture," "architectural," or language tending to imply that
he or she is an architect, unless the person is registered or
authorized to practice in the state of Washington under this
chapter. The provisions of this section shall not affect the
use of the words "architect," "architecture," or "architectural"
where a person does not practice or offer to practice architecture. [1985 c 37 § 2.]
18.08.320 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administration of the construction contract" means
the periodic observation of materials and work to observe the
general compliance with the construction contract documents,
and does not include responsibility for supervising construction methods and processes, site conditions, equipment
operations, personnel, or safety on the work site.
(2) "Architect" means an individual who is registered
under this chapter to practice architecture.
(3) "Board" means the state board of registration for
architects.
(2002 Ed.)
Architects
(4) "Certificate of authorization" means a certificate
issued by the director to a corporation or partnership that
authorizes the entity to practice architecture.
(5) "Certificate of registration" means the certificate
issued by the director to newly registered architects.
(6) "Department" means the department of licensing.
(7) "Director" means the director of licensing.
(8) "Engineer" means an individual who is registered as
an engineer under chapter 18.43 RCW.
(9) "Person" means any individual, partnership, professional service corporation, corporation, joint stock association, joint venture, or any other entity authorized to do
business in the state.
(10) "Practice of architecture" means the rendering of
services in connection with the art and science of building
design for construction of any structure or grouping of
structures and the use of space within and surrounding the
structures or the design for construction of alterations or
additions to the structures, including but not specifically
limited to schematic design, design development, preparation
of construction contract documents, and administration of the
construction contract.
(11) "Registered" means holding a currently valid
certificate of registration or certificate of authorization issued
by the director authorizing the practice of architecture.
(12) "Structure" means any construction consisting of
load-bearing members such as the foundation, roof, floors,
walls, columns, girders, and beams or a combination of any
number of these parts, with or without other parts or
appurtenances. [1985 c 37 § 3.]
18.08.330 Board of registration—Appointment,
terms, vacancies, removal—Officers—Travel expenses.
There is hereby created a state board of registration for
architects consisting of seven members who shall be appointed by the governor. Six members shall be registered
architects who are residents of the state and have at least
eight years’ experience in the practice of architecture as
registered architects in responsible charge of architectural
work or responsible charge of architectural teaching. One
member shall be a public member, who is not and has never
been a registered architect and who does not employ and is
not employed by or professionally or financially associated
with an architect.
The terms of each newly appointed member shall be six
years. The members of the board of registration for architects serving on July 28, 1985, shall serve out the remainders
of their existing five-year terms. The term of the public
member shall coincide with the term of an architect.
Every member of the board shall receive a certificate of
appointment from the governor. On the expiration of the
term of each member, the governor shall appoint a successor
to serve for a term of six years or until the next successor
has been appointed.
The governor may remove any member of the board for
cause. Vacancies in the board for any reason shall be filled
by appointment for the unexpired term.
The board shall elect a chairman, a vice-chairman, and
a secretary. The secretary may delegate his or her authority
to the executive secretary.
(2002 Ed.)
18.08.320
Members of the board shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1985 c 37 § 4.]
18.08.340 Board of registration—Rules—Executive
secretary—Staff support—Investigations—Subpoenas.
(Effective until January 1, 2003.) (1) The board may adopt
such rules under chapter 34.05 RCW as are necessary for the
proper performance of its duties under this chapter.
(2) The director shall employ an executive secretary
subject to approval by the board. The director shall provide
such secretarial and administrative support as may be
required to carry out the purposes of this chapter.
(3) The board or the director may conduct investigations
concerning alleged violations of this chapter. In making
such investigations and in all proceedings of the board under
this chapter, the chairman or any member of the board acting
in place of the chairman may administer oaths or affirmations to witnesses appearing before the board, subpoena
witnesses and compel their attendance, and require the
production of books, records, papers, and documents. If any
person refuses to obey a subpoena so issued, or refuses to
testify or produce any books, records, papers, or documents
so required to be produced, the board may present its
petition in the superior court of Thurston county or the
county in which the person resides, setting forth the facts,
and thereupon the court shall, in a proper case, enter a
suitable order compelling compliance with this chapter and
imposing such other terms and conditions as the court finds
equitable. [1985 c 37 § 5.]
18.08.340 Board of registration—Rules—Executive
secretary. (Effective January 1, 2003.) (1) The board may
adopt such rules under chapter 34.05 RCW as are necessary
for the proper performance of its duties under this chapter.
(2) The director shall employ an executive secretary
subject to approval by the board. [2002 c 86 § 201; 1985 c
37 § 5.]
Effective dates—2002 c 86: "(1) Sections 201 through 240 and 242
through 401 of this act take effect January 1, 2003.
(2) Section 241 of this act takes effect July 1, 2003." [2002 c 86 §
403.]
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.350 Certificate of registration—Application—
Qualifications. (1) A certificate of registration shall be
granted by the director to all qualified applicants who are
certified by the board as having passed the required examination and as having given satisfactory proof of completion
of the required experience.
(2) Applications for examination shall be filed as the
board prescribes by rule. The application and examination
fees shall be determined by the director under RCW
43.24.086.
(3) An applicant for registration as an architect shall be
of a good moral character, at least eighteen years of age, and
shall possess either of the following qualifications:
(a) Have an accredited architectural degree and three
years’ practical architectural work experience and have
[Title 18 RCW—page 17]
18.08.350
Title 18 RCW: Businesses and Professions
completed the requirements of a structured intern training
program approved by the board; or
(b) Have eight years’ practical architectural work
experience, which may include designing buildings as a
principal activity, and have completed the requirements of a
structured intern training program approved by the board.
Each year spent in an accredited architectural education
program approved by the board shall be considered one year
of practical experience. At least four years’ practical work
experience shall be under the direct supervision of an
architect. [1997 c 169 § 1; 1993 c 475 § 2; 1993 c 475 § 1;
1985 c 37 § 6.]
Effective date—1997 c 169 § 1: "Section 1 of this act takes effect
July 29, 2001." [1997 c 169 § 2.]
Effective date—1993 c 475 § 2: "Section 2 of this act shall take
effect July 29, 2001." [1993 c 475 § 3.]
18.08.360 Examinations. (1) The examination for an
architect’s certificate of registration shall be held at least
annually at such time and place as the board determines.
(2) The board shall determine the content, scope, and
grading process of the examination. The board may adopt
an appropriate national examination and grading procedure.
(3) Applicants who fail to pass any section of the
examination shall be permitted to retake the parts failed as
prescribed by the board. If the entire examination is not
successfully completed within five years, a retake of the
entire examination shall be required. [1985 c 37 § 7.]
18.08.370 Issuance of certificates of registration—
Seal, use. (1) The director shall issue a certificate of
registration to any applicant who has, to the satisfaction of
the board, met all the requirements for registration upon
payment of the registration fee as provided in this chapter.
All certificates of registration shall show the full name of the
registrant, have the registration number, and shall be signed
by the chairman of the board and by the director. The
issuance of a certificate of registration by the director is
prima facie evidence that the person named therein is
entitled to all the rights and privileges of a registered architect.
(2) Each registrant shall obtain a seal of the design
authorized by the board bearing the architect’s name,
registration number, the legend "Registered Architect," and
the name of this state. Drawings prepared by the registrant
shall be sealed and signed by the registrant when filed with
public authorities. It is unlawful to seal and sign a document
after a registrant’s certificate of registration or authorization
has expired, been revoked, or is suspended. [1985 c 37 § 8.]
18.08.380 Reinstatement of revoked certificates of
registration—Replacement of lost, destroyed, or mutilated certificates. (Effective until January 1, 2003.) (1) The
director may reinstate a certificate of registration to any
person or a certificate of authorization to any corporation or
joint stock association whose certificate has been revoked, if
a majority of the board vote in favor of such reissuance, if
the board finds that the circumstances or conditions that
brought about the revocation are not likely to recur and that
the person, corporation, or joint stockholders’ association is
then sufficiently trustworthy and reliable at the time rein[Title 18 RCW—page 18]
statement is sought, and that the best interests of the public
will be served by reinstatement of the registration.
(2) A new certificate of registration or certificate of
authorization to replace any certificate lost, destroyed, or
mutilated may be issued by the director. A charge, determined as provided in RCW 43.24.086, shall be made for
such issuance. [1985 c 37 § 9.]
18.08.380 Certificates of registration, authorization—Replacement of lost, destroyed, or mutilated
certificates. (Effective January 1, 2003.) A new certificate
of registration or certificate of authorization to replace any
certificate lost, destroyed, or mutilated may be issued by the
director. A charge, determined as provided in RCW
43.24.086, shall be made for such issuance. [2002 c 86 §
202; 1985 c 37 § 9.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.390 Registration of prior registrants. All
persons registered as architects under chapter 205, Laws of
1919, or registered as architects under chapter 323, Laws of
1959, as amended, before July 28, 1985, shall be registered
as architects without examination. [1985 c 37 § 10.]
18.08.400 Registration of out-of-state registrants.
The director may, upon receipt of the current registration fee,
grant a certificate of registration to an applicant who is a
registered architect in another state or territory of the United
States, the District of Columbia, or another country, if that
individual’s qualifications and experience are determined by
the board to be equivalent to the qualifications and experience required of a person registered under RCW 18.08.350.
[1985 c 37 § 11.]
18.08.410 Application of chapter. This chapter shall
not affect or prevent:
(1) The practice of naval architecture, landscape
architecture, engineering, space planning, interior design, or
any legally recognized profession or trade by persons not
registered as architects;
(2) Drafters, clerks, project managers, superintendents,
and other employees of architects, engineers, naval architects, or landscape architects from acting under the instructions, control, or supervision of their employers;
(3) The construction, alteration, or supervision of
construction of buildings or structures by contractors or
superintendents employed by contractors or the preparation
of shop drawings in connection therewith;
(4) Owners or contractors from engaging persons who
are not architects to observe and supervise construction of a
project;
(5) Any person from doing design work including
preparing construction contract documents and administration
of the construction contract for the erection, enlargement,
repair, or alteration of a structure or any appurtenance to a
structure, if the structure is to be used for a residential
building of up to and including four dwelling units or a farm
building or is a structure used in connection with or auxiliary
(2002 Ed.)
Architects
to such residential building or farm building such as a
garage, barn, shed, or shelter for animals or machinery;
(6) Any person from doing design work including
preparing construction contract documents and administering
the contract for construction, erection, enlargement, alteration, or repairs of or to a building of any occupancy up to
four thousand square feet of construction;
(7) Design-build construction by registered general
contractors if the structural design services are performed by
a registered engineer;
(8) Any person from designing buildings or doing other
design work for any structure prior to the time of filing for
a building permit; or
(9) Any person from designing buildings or doing other
design work for structures larger than those exempted under
subsections (5) and (6) of this section, if the plans, which
may include such design work, are stamped by a registered
engineer or architect. [1985 c 37 § 12.]
18.08.420 Organization as corporation or joint
stock association—Procedure—Requirements. (Effective
until January 1, 2003.) (1) An architect or architects may
organize a corporation formed either as a business corporation under the provisions of Title 23B RCW or as a professional corporation under the provisions of chapter 18.100
RCW. For an architect or architects to practice architecture
through a corporation or joint stock association organized by
any person under Title 23B RCW, the corporation or joint
stock association shall file with the board:
(a) The application for certificate of authorization upon
a form to be prescribed by the board and containing information required to enable the board to determine whether the
corporation is qualified under this chapter to practice
architecture in this state;
(b) Its notices of incorporation and bylaws and a
certified copy of a resolution of the board of directors of the
corporation that designates individuals registered under this
chapter as responsible for the practice of architecture by the
corporation in this state and that provides that full authority
to make all final architectural decisions on behalf of the
corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board
of directors to the individuals designated in the resolution.
The filing of the resolution shall not relieve the corporation
of any responsibility or liability imposed upon it by law or
by contract; and
(c) A designation in writing setting forth the name or
names of the person or persons registered under this chapter
who are responsible for the architecture of the firm. If there
is a change in the person or persons responsible for the
architecture of the firm, the changes shall be designated in
writing and filed with the board within thirty days after the
effective date of the changes.
(2) Upon the filing with the board of the application for
certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this
section, the board shall authorize the director to issue to the
corporation a certificate of authorization to practice architecture in this state upon a determination by the board that:
(a) The bylaws of the corporation contain provisions
that all architectural decisions pertaining to any project or
(2002 Ed.)
18.08.410
architectural activities in this state shall be made by the
specified architects responsible for the project or architectural activities, or other responsible architects under the
direction or supervision of the architects responsible for the
project or architectural activities;
(b) The applicant corporation has the ability to provide,
through qualified personnel, professional services or creative
work requiring architectural experience, and with respect to
the architectural services that the corporation undertakes or
offers to undertake, the personnel have the ability to apply
special knowledge to the professional services or creative
work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract
in connection with any public or private structures, buildings,
equipment, processes, works, or projects;
(c) The application for certificate of authorization
contains the professional records of the designated person or
persons who are responsible;
(d) The application for certificate of authorization states
the experience of the corporation, if any, in furnishing
architectural services during the preceding five-year period;
(e) The applicant corporation meets such other requirements related to professional competence in the furnishing of
architectural services as may be established and promulgated
by the board in furtherance of the purposes of this chapter;
and
(f) The applicant corporation is possessed of the ability
and competence to furnish architectural services in the public
interest.
(3) Upon recommendation of the board, the director
shall refuse to issue or may suspend or revoke a certificate
of authorization to a corporation if the board finds that any
of the officers, directors, incorporators, or the stockholders
holding a majority of stock of the corporation have committed an act prohibited under RCW 18.08.440 or have been
found personally responsible for misconduct under subsection (6) or (7) of this section.
(4) In the event a corporation, organized solely by a
group of architects each registered under this chapter, applies
for a certificate of authorization, the board may, in its
discretion, grant a certificate of authorization to that corporation based on a review of the professional records of such
incorporators, in lieu of the required qualifications set forth
in subsections (1) and (2) of this section. In the event the
ownership of such corporation is altered, the corporation
shall apply for a revised certificate of authorization, based
upon the professional records of the owners if exclusively
architects, under the qualifications required by subsections
(1) and (2) of this section.
(5) Any corporation authorized to practice architecture
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
as an individual registered architect and shall conduct their
business without misconduct or malpractice in the practice
of architecture as defined in this chapter.
(6) Any corporation that has been certified under this
chapter and has engaged in the practice of architecture shall
have its certificate of authorization either suspended or
revoked by the board if, after a proper hearing, the board
finds that the corporation has committed misconduct or
malpractice under RCW 18.08.440. In such a case, any
individual architect registered under this chapter who is
[Title 18 RCW—page 19]
18.08.420
Title 18 RCW: Businesses and Professions
involved in such misconduct is also subject to disciplinary
measures provided in this chapter.
(7) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direction of the designated architects and shall be
signed by and stamped with the official seal of the designated architects in the corporation authorized under this chapter.
(8) For each certificate of authorization issued under this
section there shall be paid a certification fee and an annual
certification renewal fee as prescribed by the director under
RCW 43.24.086.
(9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter
18.100 RCW. [1991 c 72 § 2; 1985 c 37 § 13.]
18.08.420 Organization as corporation or joint
stock association—Procedure—Requirements. (Effective
January 1, 2003.) (1) An architect or architects may organize a corporation formed either as a business corporation
under the provisions of Title 23B RCW or as a professional
corporation under the provisions of chapter 18.100 RCW.
For an architect or architects to practice architecture through
a corporation or joint stock association organized by any
person under Title 23B RCW, the corporation or joint stock
association shall file with the board:
(a) The application for certificate of authorization upon
a form to be prescribed by the board and containing information required to enable the board to determine whether the
corporation is qualified under this chapter to practice
architecture in this state;
(b) Its notices of incorporation and bylaws and a
certified copy of a resolution of the board of directors of the
corporation that designates individuals registered under this
chapter as responsible for the practice of architecture by the
corporation in this state and that provides that full authority
to make all final architectural decisions on behalf of the
corporation with respect to work performed by the corporation in this state shall be granted and delegated by the board
of directors to the individuals designated in the resolution.
The filing of the resolution shall not relieve the corporation
of any responsibility or liability imposed upon it by law or
by contract; and
(c) A designation in writing setting forth the name or
names of the person or persons registered under this chapter
who are responsible for the architecture of the firm. If there
is a change in the person or persons responsible for the
architecture of the firm, the changes shall be designated in
writing and filed with the board within thirty days after the
effective date of the changes.
(2) Upon the filing with the board of the application for
certificate of authorization, the certified copy of the resolution, and the information specified in subsection (1) of this
section, the board shall authorize the director to issue to the
corporation a certificate of authorization to practice architecture in this state upon a determination by the board that:
(a) The bylaws of the corporation contain provisions
that all architectural decisions pertaining to any project or
architectural activities in this state shall be made by the
specified architects responsible for the project or architectural activities, or other responsible architects under the
[Title 18 RCW—page 20]
direction or supervision of the architects responsible for the
project or architectural activities;
(b) The applicant corporation has the ability to provide,
through qualified personnel, professional services or creative
work requiring architectural experience, and with respect to
the architectural services that the corporation undertakes or
offers to undertake, the personnel have the ability to apply
special knowledge to the professional services or creative
work such as consultation, investigation, evaluation, planning, design, and administration of the construction contract
in connection with any public or private structures, buildings,
equipment, processes, works, or projects;
(c) The application for certificate of authorization
contains the professional records of the designated person or
persons who are responsible;
(d) The application for certificate of authorization states
the experience of the corporation, if any, in furnishing
architectural services during the preceding five-year period;
(e) The applicant corporation meets such other requirements related to professional competence in the furnishing of
architectural services as may be established and promulgated
by the board in furtherance of the purposes of this chapter;
and
(f) The applicant corporation is possessed of the ability
and competence to furnish architectural services in the public
interest.
(3) Upon recommendation of the board to impose action
as authorized in RCW 18.235.110, the director may impose
the recommended action upon a certificate of authorization
to a corporation if the board finds that any of the officers,
directors, incorporators, or the stockholders holding a
majority of stock of the corporation have committed an act
prohibited under RCW 18.08.440 or 18.235.130 or have been
found personally responsible for misconduct under subsection (6) or (7) of this section.
(4) In the event a corporation, organized solely by a
group of architects each registered under this chapter, applies
for a certificate of authorization, the board may, in its
discretion, grant a certificate of authorization to that corporation based on a review of the professional records of such
incorporators, in lieu of the required qualifications set forth
in subsections (1) and (2) of this section. In the event the
ownership of such corporation is altered, the corporation
shall apply for a revised certificate of authorization, based
upon the professional records of the owners if exclusively
architects, under the qualifications required by subsections
(1) and (2) of this section.
(5) Any corporation authorized to practice architecture
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
as an individual registered architect and shall conduct their
business without misconduct or malpractice in the practice
of architecture as defined in this chapter.
(6) Any corporation that has been certified under this
chapter and has engaged in the practice of architecture may
have its certificate of authorization either suspended or
revoked by the board if, after a proper hearing, the board
finds that the corporation has committed misconduct or
malpractice under RCW 18.08.440 or 18.235.130. In such
a case, any individual architect registered under this chapter
who is involved in such misconduct is also subject to dis(2002 Ed.)
Architects
ciplinary measures provided in this chapter and RCW
18.235.110.
(7) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direction of the designated architects and shall be
signed by and stamped with the official seal of the designated architects in the corporation authorized under this chapter.
(8) For each certificate of authorization issued under this
section there shall be paid a certification fee and an annual
certification renewal fee as prescribed by the director under
RCW 43.24.086.
(9) This chapter shall not affect the practice of architecture as a professional service corporation under chapter
18.100 RCW. [2002 c 86 § 203; 1991 c 72 § 2; 1985 c 37
§ 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.430 Renewal of certificates of registration—
Withdrawal. (1) The renewal date for certificates of
registration shall be set by the director in accordance with
RCW 43.24.086. Registrants who fail to pay the renewal fee
within thirty days of the due date shall pay all delinquent
fees plus a penalty fee equal to one-third of the renewal fee.
A registrant who fails to pay a renewal fee for a period of
five years may be reinstated under such circumstances as the
board determines. The renewal and penalty fees and the
frequency of renewal assessment shall be authorized under
this chapter. Renewal date for certificates of authorization
shall be the anniversary of the date of authorization.
(2) Any registrant in good standing may withdraw from
the practice of architecture by giving written notice to the
director, and may within five years thereafter resume active
practice upon payment of the then-current renewal fee. A
registrant may be reinstated after a withdrawal of more than
five years under such circumstances as the board determines.
[1985 c 37 § 14.]
18.08.440 Actions against certificate—Grounds—
Penalties. (Effective until January 1, 2003.) The board
shall have the power to impose fines on any person practicing architecture in an amount not to exceed one thousand
dollars for each offense and may reprimand a registrant and
may suspend, revoke, or refuse to issue or renew a certificate of registration or authorization to practice architecture
in this state upon the following grounds:
(1) Offering to pay, paying, or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being wilfully untruthful or deceptive in any
professional report, statement, or testimony;
(3) Having conviction in any court of any offense
involving moral turpitude or fraud;
(4) Having a financial interest in the bidding for or the
performance of a contract to supply labor or materials for or
to construct a project for which employed or retained as an
architect except with the consent of the client or employer
after disclosure of such facts; or allowing an interest in any
(2002 Ed.)
18.08.420
business to affect a decision regarding architectural work for
which retained, employed, or called upon to perform;
(5) Signing or permitting a seal to be affixed to any
drawings or specifications that were not prepared or reviewed by the architect or under the architect’s personal
supervision by persons subject to the architect’s direction
and control;
(6) Aiding or abetting any person not authorized to
practice architecture under this chapter;
(7) Wilfully evading or trying to evade any law,
ordinance, code, or regulation governing construction of
buildings; or
(8) Violating any provision of this chapter or any
regulation adopted under it. [1985 c 37 § 15.]
18.08.440 Powers under RCW 18.235.110—
Grounds. (Effective January 1, 2003.) The board shall
have the power to impose any action listed under RCW
18.235.110 upon the following grounds:
(1) Offering to pay, paying, or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being willfully untruthful or deceptive in any
professional report, statement, or testimony;
(3) Having a financial interest in the bidding for or the
performance of a contract to supply labor or materials for or
to construct a project for which employed or retained as an
architect except with the consent of the client or employer
after disclosure of such facts; or allowing an interest in any
business to affect a decision regarding architectural work for
which retained, employed, or called upon to perform;
(4) Signing or permitting a seal to be affixed to any
drawings or specifications that were not prepared or reviewed by the architect or under the architect’s personal
supervision by persons subject to the architect’s direction
and control; or
(5) Willfully evading or trying to evade any law,
ordinance, code, or regulation governing construction of
buildings. [2002 c 86 § 204; 1985 c 37 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.450 Actions against certificate—Discipline—
Board’s authority—Procedure. (Effective until January
1, 2003.) (1) The board may revoke or suspend a certificate
of registration or a certificate of authorization to practice
architecture in this state, or otherwise discipline a registrant
or person authorized to practice architecture, as provided in
this chapter.
(2) Proceedings for the revocation, suspension, refusal
to issue, or imposition of a monetary fine may be initiated
by the board on its own motion based on the complaint of
any person. A copy of the charge or charges, along with a
notice of the time and place of the hearing before the board
shall be served on the registrant as provided for in chapter
34.05 RCW.
(3) All procedures related to hearings on such charges
shall be in accordance with provisions relating to adjudicative proceedings in chapter 34.05 RCW, the Administrative
Procedure Act.
[Title 18 RCW—page 21]
18.08.450
Title 18 RCW: Businesses and Professions
(4) If, after such hearing, the majority of the board vote
in favor of finding the registrant guilty, the board shall take
such disciplinary action as it deems appropriate under this
chapter.
(5) The provisions of this section are in addition to and
not in lieu of any other penalty or sanction provided by law.
[1989 c 175 § 59; 1985 c 37 § 16.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.08.460 Violation of chapter—Penalties—
Enforcement—Injunctions—Persons who may initiate
proceedings. Any person who violates any provision of this
chapter or any rule promulgated under it is guilty of a
misdemeanor and may also be subject to a civil penalty in an
amount not to exceed one thousand dollars for each offense.
(1) It shall be the duty of all officers in the state or any
political subdivision thereof to enforce this chapter. Any
public officer may initiate an action before the board to
enforce the provisions of this chapter.
(2) The board may apply for relief by injunction without
bond to restrain a person from committing any act that is
prohibited by this chapter. In such proceedings, it is not
necessary to allege or prove either that an adequate remedy
at law does not exist or that substantial irreparable damage
would result from the continued violation thereof. The
members of the board shall not be personally liable for their
actions in any such proceeding or in any other proceeding
instituted by the board under this chapter. The board in any
proper case shall cause prosecution to be instituted in any
county or counties where any violation of this chapter
occurs, and shall aid the prosecution of the violator.
(3) No person practicing architecture is entitled to
maintain a proceeding in any court of this state relating to
services in the practice of architecture unless it is alleged
and proved that the person was registered or authorized
under this chapter to practice or offer to practice architecture
at the time the architecture services were offered or provided. [1985 c 37 § 17.]
18.08.470 Certificate or registration suspension—
Nonpayment or default on educational loan or scholarship. The board shall suspend the certificate or registration
of any person who has been certified by a lending agency
and reported to the board for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s certificate or registration shall not
be reissued until the person provides the board a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
certification or registration during the suspension, reinstatement shall be automatic upon receipt of the notice and
payment of any reinstatement fee the board may impose.
[1996 c 293 § 3.]
18.08.480 Certificate of registration or authorization suspension—Noncompliance with support order—
Reissuance. The board shall immediately suspend the
certificate of registration or certificate of authorization to
practice architecture of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet other requirements for
reinstatement during the suspension, reissuance of the certificate shall be automatic upon the board’s receipt of a
release issued by the department of social and health services
stating that the individual is in compliance with the order.
[1997 c 58 § 813.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.08.490 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 205.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.08.900 Severability—1985 c 37. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 37 § 20.]
Chapter 18.09
ATTORNEYS AT LAW
See chapter 2.44 RCW, attorneys at law.
Chapter 18.11
AUCTIONEERS
Sections
18.11.050
18.11.060
18.11.070
18.11.075
18.11.085
18.11.095
18.11.100
18.11.121
18.11.130
18.11.140
Definitions.
Administration of chapter—Fees.
License required—Exceptions.
Second-hand property, when exempt.
Auctioneer certificate of registration—Requirements.
Auction company certificate of registration—Requirements.
Nonresident auctioneers and auction companies.
Surety bond or security required.
Written contract required—Penalty.
Written records required—Penalty.
Severability—1996 c 293: See note following RCW 18.04.420.
[Title 18 RCW—page 22]
(2002 Ed.)
Auctioneers
18.11.150
Display of certificate of registration or renewal card required—Penalty.
18.11.160 Actions against license—Grounds.
18.11.170 Unauthorized practice—Penalties.
18.11.180 Compensation of nonlicensed person—Penalties.
18.11.190 Actions for compensation for services.
18.11.200 Director—Authority to adopt rules.
18.11.205 Director—Authority to impose administrative fines.
18.11.210 Newspaper advertisements—Name and license number required—Penalty.
18.11.220 Rights of clients.
18.11.230 Trust account required for client funds.
18.11.240 Bidding—Prohibited practices—Penalty.
18.11.250 Limitation on real estate auctions.
18.11.260 Application of Consumer Protection Act.
18.11.270 License, certificate, or registration suspension—Nonpayment
or default on educational loan or scholarship.
18.11.280 Uniform regulation of business and professions act.
18.11.901 Short title.
18.11.902 Severability—1986 c 324.
18.11.903 Effective date—1986 c 324.
18.11.920 Severability—1982 c 205.
Limitations on power of
cities and towns to regulate auctioneers: RCW 35.21.690.
counties to regulate auctioneers: RCW 36.71.070.
Mock auctions: RCW 9.45.070.
Motor vehicle auction companies, place of business: RCW 46.70.023.
Pawnbrokers and second-hand dealers: Chapter 19.60 RCW.
18.11.050 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Auctioneer" means an individual who calls bids at
an auction.
(2) "Auction" means a transaction conducted by means
of exchanges between an auctioneer and the members of his
or her audience, constituting a series of invitations for offers
for the purchase of goods or real property made by the
auctioneer, offers by members of the audience, and the
acceptance of the highest or most favorable offer.
(3) "Auction mart" means any fixed or established place
designed, intended, or used for the conduct of auctions.
(4) "Auction company" means a sole proprietorship,
partnership, corporation, or other legal or commercial entity
that sells or offers to sell goods or real estate at auction or
arranges, sponsors, or manages auctions. The term "auction
company" shall exclude any sole proprietorship owned by an
auctioneer licensed under this chapter whose gross annual
sales do not exceed twenty-five thousand dollars.
(5) "Department" means the department of licensing.
(6) "Director" means the director of licensing.
(7) "Person" means an individual, partnership, association, corporation, or any other form of business enterprise.
(8) "Goods" mean wares, chattels, merchandise, or
personal property owned or consigned, which may be
lawfully kept or offered for sale.
(9) "License" means state authority to operate as an
auctioneer or auction company, which authority is conferred
by issuance of a certificate of registration subject to annual
renewal.
(10) "Licensee" means an auctioneer or auction company registered under this chapter. [1986 c 324 § 2; 1982 c
205 § 5.]
(2002 Ed.)
Chapter 18.11
18.11.060 Administration of chapter—Fees. This
chapter shall be administered under chapter 43.24 RCW.
The director shall set registration and renewal fees in accordance with RCW 43.24.086. If an auctioneer or auction
company does not renew a license before it expires, the
renewal shall be subject to payment of a penalty fee. [1986
c 324 § 3; 1982 c 205 § 2.]
18.11.070 License required—Exceptions. (1) It is
unlawful for any person to act as an auctioneer or for an
auction company to engage in any business in this state
without a license.
(2) This chapter does not apply to:
(a) An auction of goods conducted by an individual who
personally owns those goods and who did not acquire those
goods for resale;
(b) An auction conducted by or under the direction of
a public authority;
(c) An auction held under judicial order in the settlement of a decedent’s estate;
(d) An auction which is required by law to be at
auction;
(e) An auction conducted by or on behalf of a political
organization or a charitable corporation or association if the
person conducting the sale receives no compensation;
(f) An auction of livestock or agricultural products
which is conducted under chapter 16.65 or 20.01 RCW.
Auctions not regulated under chapter 16.65 or 20.01 RCW
shall be fully subject to the provisions of this chapter;
(g) An auction held under chapter 19.150 RCW;
(h) An auction of an abandoned vehicle under chapter
46.55 RCW; or
(i) An auction of fur pelts conducted by any cooperative
association organized under chapter 23.86 RCW or its
wholly owned subsidiary. In order to qualify for this
exemption, the fur pelts must be from members of the
association. However, the association, without loss of the
exemption, may auction pelts that it purchased from nonmembers for the purpose of completing lots or orders, so
long as the purchased pelts do not exceed fifteen percent of
the total pelts auctioned. [1999 c 398 § 1; 1989 c 307 § 43;
1988 c 240 § 19; 1986 c 324 § 4; 1982 c 205 § 6.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1988 c 240: See RCW 19.150.904.
18.11.075 Second-hand property, when exempt.
The department of licensing may exempt, by rule, secondhand property bought or received on consignment or sold at
an auction conducted by a licensed auctioneer or auction
company from RCW 19.60.050 or 19.60.055. [1993 c 348
§ 1.]
18.11.085 Auctioneer certificate of registration—
Requirements. (Effective until January 1, 2003.) Every
individual, before acting as an auctioneer, shall obtain an
auctioneer certificate of registration. To be licensed as an
auctioneer, an individual shall meet all of the following
requirements:
[Title 18 RCW—page 23]
18.11.085
Title 18 RCW: Businesses and Professions
(1) Be at least eighteen years of age or sponsored by a
licensed auctioneer.
(2) File with the department a completed application on
a form prescribed by the director.
(3) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(4) Pay the auctioneer registration fee required under the
agency rules adopted pursuant to this chapter.
(5) Except as otherwise provided under RCW 18.11.121,
file with the department an auctioneer surety bond in the
amount and form required by RCW 18.11.121 and the
agency rules adopted pursuant to this chapter.
(6) Have no disqualifications under RCW 18.11.160.
[1987 c 336 § 1; 1986 c 324 § 5.]
18.11.085 Auctioneer certificate of registration—
Requirements. (Effective January 1, 2003.) Every
individual, before acting as an auctioneer, shall obtain an
auctioneer certificate of registration. To be licensed as an
auctioneer, an individual shall meet all of the following
requirements:
(1) Be at least eighteen years of age or sponsored by a
licensed auctioneer.
(2) File with the department a completed application on
a form prescribed by the director.
(3) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(4) Pay the auctioneer registration fee required under the
agency rules adopted pursuant to this chapter.
(5) Except as otherwise provided under RCW 18.11.121,
file with the department an auctioneer surety bond in the
amount and form required by RCW 18.11.121 and the
agency rules adopted pursuant to this chapter.
(6) Have no disqualifications under RCW 18.11.160 or
18.235.130. [2002 c 86 § 206; 1987 c 336 § 1; 1986 c 324
§ 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.095 Auction company certificate of registration—Requirements. (Effective until January 1, 2003.)
Every person, before operating an auction company as
defined in RCW 18.11.050, shall obtain an auction company
certificate of registration.
(1) Except as provided in subsection (2) of this section,
to be licensed as an auction company, a person shall meet all
of the following requirements:
(a) File with the department a completed application on
a form prescribed by the director.
(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company
to do business in the state shall be properly registered under
this chapter.
(c) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(d) Pay the auction company registration fee required
under the agency rules adopted pursuant to this chapter.
[Title 18 RCW—page 24]
(e) File with the department an auction company surety
bond in the amount and form required by RCW 18.11.121
and the agency rules adopted pursuant to this chapter.
(f) Have no disqualifications under RCW 18.11.160.
(2) An auction company shall not be charged a license
fee if it is a sole proprietorship or a partnership owned by an
auctioneer or auctioneers, each of whom is licensed under
this chapter, and if it has in effect a surety bond or bonds or
other security approved by the director in the amount that
would otherwise be required for an auction company to be
granted or to retain a license under RCW 18.11.121. [1987
c 336 § 5; 1986 c 324 § 6.]
18.11.095 Auction company certificate of registration—Requirements. (Effective January 1, 2003.) Every
person, before operating an auction company as defined in
RCW 18.11.050, shall obtain an auction company certificate
of registration.
(1) Except as provided in subsection (2) of this section,
to be licensed as an auction company, a person shall meet all
of the following requirements:
(a) File with the department a completed application on
a form prescribed by the director.
(b) Sign a notarized statement included on the application form that all auctioneers hired by the auction company
to do business in the state shall be properly registered under
this chapter.
(c) Show that the proper tax registration certificate
required by RCW 82.32.030 has been obtained from the
department of revenue.
(d) Pay the auction company registration fee required
under the agency rules adopted pursuant to this chapter.
(e) File with the department an auction company surety
bond in the amount and form required by RCW 18.11.121
and the agency rules adopted pursuant to this chapter.
(f) Have no disqualifications under RCW 18.11.160 or
18.235.130.
(2) An auction company shall not be charged a license
fee if it is a sole proprietorship or a partnership owned by an
auctioneer or auctioneers, each of whom is licensed under
this chapter, and if it has in effect a surety bond or bonds or
other security approved by the director in the amount that
would otherwise be required for an auction company to be
granted or to retain a license under RCW 18.11.121. [2002
c 86 § 207; 1987 c 336 § 5; 1986 c 324 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.100 Nonresident auctioneers and auction
companies. (Effective until January 1, 2003.) (1) Nonresident auctioneers and auction companies are required to
comply with the provisions of this chapter and the rules of
the department as a condition of conducting business in the
state.
(2) The application of a nonresident under this chapter
shall constitute the appointment of the secretary of state as
the applicant’s agent upon whom process may be served in
any action or proceeding against the applicant arising out of
a transaction or operation connected with or incidental to the
(2002 Ed.)
Auctioneers
business of an auctioneer or an auction company. [1986 c
324 § 7; 1985 c 7 § 9; 1982 c 205 § 8.]
18.11.100 Nonresident auctioneers and auction
companies. (Effective January 1, 2003.) (1) Nonresident
auctioneers and auction companies are required to comply
with the provisions of this chapter, chapter 18.235 RCW, and
the rules of the department as a condition of conducting
business in the state.
(2) The application of a nonresident under this chapter
shall constitute the appointment of the secretary of state as
the applicant’s agent upon whom process may be served in
any action or proceeding against the applicant arising out of
a transaction or operation connected with or incidental to the
business of an auctioneer or an auction company. [2002 c
86 § 208; 1986 c 324 § 7; 1985 c 7 § 9; 1982 c 205 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.121 Surety bond or security required. (1)
Except as provided in this section, each auctioneer and each
auction company shall as a condition to the granting and
retention of a license have on file with the department an
approved surety bond or other security in lieu of a bond.
However, if an auction company is a sole proprietorship or
a partnership and has on file with the department a surety
bond or other security approved by the director in the
amount that would otherwise be required for an auction
company to be granted or to retain a license under this
section, then no separate bond or bonds shall be required for
the sole proprietor or any individual partner to act as an
auctioneer for the sole proprietorship or partnership. The
bond or other security of an auctioneer shall be in the
amount of five thousand dollars.
(2) The bond or other security of an auction company
shall be in an amount not less than five thousand dollars and
not more than twenty-five thousand dollars. The amount
shall be based on the value of the goods and real estate sold
at auctions conducted, supervised, arranged, sponsored, or
managed by the auction company during the previous
calendar year or, for a new auction company, the estimated
value of the goods and real estate to be sold at auction
during the current calendar year. The director shall establish
by rule the procedures to be used for determining the amount
of auction company bonds or other security.
(3) In lieu of a surety bond, an auctioneer or auction
company may deposit with the department any of the
following:
(a) Savings accounts assigned to the director;
(b) Certificates of deposit payable to the director;
(c) Investment certificates or share accounts assigned to
the director; or
(d) Any other security acceptable to the director.
All obligations and remedies relating to surety bonds
authorized by this section shall apply to deposits filed with
the director.
(4) Each bond shall comply with all of the following:
(a) Be executed by the person seeking the license as
principal and by a corporate surety licensed to do business
in the state;
(2002 Ed.)
18.11.100
(b) Be payable to the state;
(c) Be conditioned on compliance with all provisions of
this chapter and the agency rules adopted pursuant to this
chapter, including payment of any administrative fines
assessed against the licensee; and
(d) Remain in effect for one year after expiration,
revocation, or suspension of the license.
(5) If any licensee fails or is alleged to have failed to
comply with the provisions of this chapter or the agency
rules adopted pursuant to this chapter, the director may hold
a hearing in accordance with chapter 34.05 RCW, determine
those persons who are proven claimants under the bond, and,
if appropriate, distribute the bond proceeds to the proven
claimants. The state or an injured person may also bring an
action against the bond in superior court. The liability of the
surety shall be only for actual damages and shall not exceed
the amount of the bond.
(6) Damages that exceed the amount of the bond may
be remedied by actions against the auctioneer or the auction
company under RCW 18.11.260 or other available remedies
at law. [1987 c 336 § 2; 1986 c 324 § 8.]
18.11.130 Written contract required—Penalty. No
goods or real estate shall be sold at auction until the auctioneer or auction company has entered into a written contract or
agreement with the owner or consignor in duplicate which
contains the terms and conditions upon which the licensee
receives or accepts the property for sale at auction.
A person who violates this section shall be subject to an
administrative fine in a sum not exceeding five hundred
dollars for each violation. [1986 c 324 § 9; 1982 c 205 §
11.]
18.11.140 Written records required—Penalty.
Every person engaged in the business of selling goods or
real estate at auction shall keep written records for a period
of three years available for inspection which indicate clearly
the name and address of the owner or consignor of the goods
or real estate, the terms of acceptance and sale, and a copy
of the signed written contract required by RCW 18.11.130.
A person who violates this section shall be subject to an
administrative fine in a sum not exceeding five hundred
dollars for each violation. [1986 c 324 § 10; 1982 c 205 §
12.]
18.11.150 Display of certificate of registration or
renewal card required—Penalty. All auctioneers and
auction companies shall have their certificates of registration
prominently displayed in their offices and the current
renewal card or a facsimile available on demand at all
auctions conducted or supervised by the licensee.
A person who violates this section shall be subject to an
administrative fine in a sum not exceeding one hundred
dollars for each violation. [1986 c 324 § 11; 1982 c 205 §
13.]
18.11.160 Actions against license—Grounds.
(Effective until January 1, 2003.) (1) No license shall be
issued by the department to any person who has been
convicted of forgery, embezzlement, obtaining money under
false pretenses, extortion, criminal conspiracy, fraud, theft,
[Title 18 RCW—page 25]
18.11.160
Title 18 RCW: Businesses and Professions
receiving stolen goods, unlawful issuance of checks or drafts,
or other similar offense, or to any partnership of which the
person is a member, or to any association or corporation of
which the person is an officer or in which as a stockholder
the person has or exercises a controlling interest either
directly or indirectly.
(2) The following shall be grounds for denial, suspension, or revocation of a license, or imposition of an administrative fine by the department:
(a) Misrepresentation or concealment of material facts
in obtaining a license;
(b) Underreporting to the department of sales figures so
that the auctioneer or auction company surety bond is in a
lower amount than required by law;
(c) Revocation of a license by another state;
(d) Misleading or false advertising;
(e) A pattern of substantial misrepresentations related to
auctioneering or auction company business;
(f) Failure to cooperate with the department in any
investigation or disciplinary action;
(g) Nonpayment of an administrative fine prior to
renewal of a license;
(h) Aiding an unlicensed person to practice as an
auctioneer or as an auction company; and
(i) Any other violations of this chapter.
(3) The department shall immediately suspend the
license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department’s receipt of a release issued by the department of social and health services stating that the licensee is
in compliance with the order. [1997 c 58 § 814; 1986 c 324
§ 12; 1982 c 205 § 14.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.11.160 License—Prohibition on issuance—
Disciplinary action—License suspension. (Effective
January 1, 2003.) (1) No license shall be issued by the
department to any person who has been convicted of forgery,
embezzlement, obtaining money under false pretenses,
extortion, criminal conspiracy, fraud, theft, receiving stolen
goods, unlawful issuance of checks or drafts, or other similar
offense, or to any partnership of which the person is a
member, or to any association or corporation of which the
person is an officer or in which as a stockholder the person
has or exercises a controlling interest either directly or
indirectly.
(2) In addition to the unprofessional conduct described
in RCW 18.235.130, the director has the authority to take
[Title 18 RCW—page 26]
disciplinary action for any of the following conduct, acts, or
conditions:
(a) Underreporting to the department of sales figures so
that the auctioneer or auction company surety bond is in a
lower amount than required by law;
(b) Nonpayment of an administrative fine prior to
renewal of a license; and
(c) Any other violations of this chapter.
(3) The department shall immediately suspend the
license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order.
If the person has continued to meet all other requirements
for reinstatement during the suspension, reissuance of the
license shall be automatic upon the department’s receipt of
a release issued by the department of social and health
services stating that the licensee is in compliance with the
order. [2002 c 86 § 209; 1997 c 58 § 814; 1986 c 324 § 12;
1982 c 205 § 14.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.11.170 Unauthorized practice—Penalties. Any
auctioneer and any auction company that conducts business
within this state without a license or after the suspension or
revocation of his or her license shall be fined by the department five hundred dollars for the first offense and one
thousand dollars for the second or subsequent offense.
[1986 c 324 § 13; 1982 c 205 § 15.]
18.11.180 Compensation of nonlicensed person—
Penalties. (Effective until January 1, 2003.) It shall be
unlawful for a licensed auctioneer or licensed auction
company to pay compensation in money or otherwise to
anyone not licensed under this chapter to render any service
or to do any act forbidden under this chapter to be rendered
or performed except by licensees. The department shall fine
any person who violates this section five hundred dollars for
the first offense and one thousand dollars for the second or
subsequent offense. Furthermore, the violation of this
section by any licensee shall be, in the discretion of the
department, sufficient cause for license suspension or
revocation. [1986 c 324 § 14; 1982 c 205 § 16.]
18.11.180 Compensation of nonlicensed person—
Penalties. (Effective January 1, 2003.) It shall be unlawful
for a licensed auctioneer or licensed auction company to pay
compensation in money or otherwise to anyone not licensed
under this chapter to render any service or to do any act
forbidden under this chapter to be rendered or performed
except by licensees. The department may fine any person
who violates this section five hundred dollars for the first
offense and one thousand dollars for the second or subsequent offense. Furthermore, the violation of this section by
any licensee shall be, in the discretion of the department,
(2002 Ed.)
Auctioneers
18.11.180
sufficient cause for taking any actions listed under RCW
18.235.110. [2002 c 86 § 210; 1986 c 324 § 14; 1982 c 205
§ 16.]
violation of this chapter or the rules adopted pursuant to this
chapter. [1987 c 336 § 3; 1986 c 324 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.230 Trust account required for client funds.
Auction proceeds due to a client that are received by the
auctioneer or auction company and not paid to the client
within twenty-four hours of the sale shall be deposited no
later than the next business day by the auctioneer or auction
company in a trust account for clients in a bank, savings and
loan association, mutual savings bank, or licensed escrow
agent located in the state. The auctioneer or auction company shall draw on the trust account only to pay proceeds to
clients, or such other persons who are legally entitled to such
proceeds, and to obtain the sums due to the auctioneer or
auction company for services as set out in the written
contract required under RCW 18.11.130. Funds in the trust
account shall not be subject to the debt of the auctioneer or
auction company and shall not be used for personal reasons
or other business reasons. [1987 c 336 § 4; 1986 c 324 §
21.]
18.11.190 Actions for compensation for services.
No action or suit may be instituted in any court of this state
by any person, partnership, association, or corporation not
licensed as an auctioneer and as an auction company to
recover compensation for an act done or service rendered
which is prohibited under this chapter. [1986 c 324 § 15;
1982 c 205 § 17.]
18.11.200 Director—Authority to adopt rules.
(Effective until January 1, 2003.) The director shall adopt
rules for the purpose of carrying out and developing this
chapter, including rules governing the conduct of investigations and inspections and the imposition of administrative
penalties. [1986 c 324 § 16; 1982 c 205 § 18.]
18.11.200 Director—Authority to adopt rules.
(Effective January 1, 2003.) The director shall adopt rules
for the purpose of carrying out and developing this chapter,
including rules governing the conduct of inspections. [2002
c 86 § 211; 1986 c 324 § 16; 1982 c 205 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.205 Director—Authority to impose administrative fines. The director shall impose and collect the
administrative fines authorized by this chapter. Any administrative fine imposed under this chapter or the agency rules
adopted pursuant to this chapter may be appealed under
chapter 34.05 RCW, the administrative procedure act.
Assessment of an administrative fine shall not preclude the
initiation of any disciplinary, civil, or criminal action for the
same or similar violations. [1986 c 324 § 17.]
18.11.210 Newspaper advertisements—Name and
license number required—Penalty. All newspaper
advertising regarding auctions that is purchased by an
auctioneer or an auction company licensed under this chapter
shall include the auctioneer’s or auction company’s name
and license number. Any auctioneer or auction company
that violates this section is subject to an administrative fine
of one hundred dollars per violation. [1986 c 324 § 19;
1984 c 189 § 1.]
18.11.220 Rights of clients. The client of an auctioneer or auction company has a right to (1) an accounting for
any money that the auctioneer or auction company receives
from the sale of the client’s goods, (2) payment of all money
due to the client within twenty-one calendar days unless the
parties have mutually agreed in writing to another time of
payment, and (3) bring an action against the surety bond or
other security filed in lieu of the surety bond for any
(2002 Ed.)
18.11.240 Bidding—Prohibited practices—Penalty.
The following requirements shall apply to bidding at
auctions:
(1) An auctioneer conducting an auction and an auction
company where an auction is being held shall not bid on or
offer to buy any goods or real property at the auction unless
the auctioneer or the auction company discloses the name of
the person on whose behalf the bid or offer is being made.
(2) An auctioneer and an auction company shall not use
any method of bidding at an auction that will allow goods or
real property to be purchased in an undisclosed manner on
behalf of the auctioneer or auction company.
(3) At a public auction conducted or supervised by an
auctioneer or auction company, the auctioneer or auction
company shall not fictitiously raise any bid, knowingly
permit any person to make a fictitious bid, or employ or use
another person to act as a bidder or buyer.
(4) All goods or real property offered for sale at an
auction shall be subject to a reserve or a confirmation from
the owner or consignor unless otherwise indicated by the
auctioneer or auction company. Except as provided in this
subsection, an auctioneer or auction company shall not use
any method of bidding at an auction that allows the auctioneer or auction company to avoid selling any property offered
for sale at auction.
(5) A licensee who violates any provision of this section
shall be subject to an administrative fine in a sum not
exceeding five hundred dollars for each violation. [1986 c
324 § 22.]
18.11.250 Limitation on real estate auctions.
Auctioneers and auction companies may call for bids on real
estate but only persons licensed under chapter 18.85 RCW
may perform activities regulated under that chapter. [1986
c 324 § 23.]
18.11.260 Application of Consumer Protection Act.
A violation of this chapter is hereby declared to affect the
public interest and to offend public policy. Any violation,
act, or practice by an auctioneer or auction company which
[Title 18 RCW—page 27]
18.11.260
Title 18 RCW: Businesses and Professions
is unfair or deceptive, shall constitute an unfair or deceptive
act or practice in violation of RCW 19.86.020. The remedies and sanctions provided in this section shall not preclude
application of other available remedies and sanctions. [1986
c 324 § 25.]
18.11.270 License, certificate, or registration
suspension—Nonpayment or default on educational loan
or scholarship. The director shall suspend the license,
certificate, or registration of any person who has been
certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s
license, certificate, or registration shall not be reissued until
the person provides the director a written release issued by
the lending agency stating that the person is making payments on the loan in accordance with a repayment agreement
approved by the lending agency. If the person has continued
to meet all other requirements for licensure, certification, or
registration during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
4.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.11.280 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 212.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.11.901 Short title. This chapter may be known
and cited as the "auctioneer registration act." [1986 c 324 §
1.]
18.11.902 Severability—1986 c 324. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter or the
application of the provision to other persons or circumstances is not affected. [1986 c 324 § 27.]
18.11.903 Effective date—1986 c 324. This act shall
take effect on July 1, 1986. [1986 c 324 § 29.]
18.11.920 Severability—1982 c 205. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 205 § 20.]
Chapter 18.16
COSMETOLOGISTS, BARBERS,
AND MANICURISTS
Sections
18.16.010
18.16.020
18.16.030
18.16.030
18.16.030
18.16.050
18.16.060
18.16.060
18.16.060
18.16.070
18.16.080
18.16.090
18.16.100
18.16.110
18.16.130
18.16.140
18.16.150
18.16.160
18.16.165
18.16.170
18.16.175
18.16.180
18.16.190
18.16.200
18.16.200
18.16.200
18.16.210
18.16.220
18.16.230
18.16.240
18.16.250
18.16.260
18.16.270
18.16.900
18.16.905
18.16.907
18.16.910
Intent.
Definitions.
Director—Powers and duties.
Director—Powers and duties (as amended by 2002 c 86).
Director—Powers and duties (as amended by 2002 c 111).
Advisory board—Members—Compensation.
Licenses required—Penalty—Exemptions.
Licenses required—Penalty—Exemptions (as amended by
2002 c 86).
Licenses required—Penalty—Exemptions (as amended by
2002 c 111).
Licensing—Persons to whom chapter inapplicable.
Licensing—Other persons to whom chapter inapplicable.
Examinations.
Issuance of licenses—Requirements.
Issuance of licenses—Renewals—Duplicates.
Issuance of licenses—Persons licensed in other jurisdictions.
School licenses—Application—Approved security—
Issuance—Changes in application information—Changes
in controlling interest.
Schools—Compliance with chapter.
Schools—Claims against—Procedure.
Licenses issued, students enrolled before January 1, 1992—
Curricula updates.
Expiration of licenses.
Salon/shop requirements—Complaints—Inspection—
Registration—Use of motor homes.
Salon/shop—Notice required.
Location of practice—Penalty—Placebound clients.
Disciplinary action—Grounds.
Disciplinary action—Grounds (as amended by 2002 c 86).
Disciplinary action—Grounds (as amended by 2002 c 111).
Violations—Penalties.
Appeal—Procedure.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Finding—Consumer protection act.
License renewal—Fee—Examination—Fee.
Uniform regulation of business and professions act.
Short title—1984 c 208.
Severability—1984 c 208.
Effective date—1984 c 208.
Severability—1991 c 324.
18.16.010 Intent. (Effective until June 1, 2003.)
The legislature recognizes that the practice of cosmetology
involves the use of tools and chemicals which may be
dangerous when mixed or applied improperly, and therefore
finds it necessary in the interest of the public health, safety,
and welfare to regulate the practice of cosmetology in this
state. [1984 c 208 § 1.]
18.16.010 Intent. (Effective June 1, 2003.) The
legislature recognizes that the practices of cosmetology,
barbering, manicuring, and esthetics involve the use of tools
and chemicals which may be dangerous when mixed or
applied improperly, and therefore finds it necessary in the
interest of the public health, safety, and welfare to regulate
those practices in this state. [2002 c 111 § 1; 1984 c 208 §
1.]
Effective date—2002 c 111: "This act takes effect June 1, 2003."
[2002 c 111 § 18.]
[Title 18 RCW—page 28]
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
18.16.020 Definitions. (Effective until June 1, 2003.)
As used in this chapter, the following terms have the
meanings indicated unless the context clearly requires
otherwise:
(1) "Board" means the cosmetology, barbering, esthetics,
and manicuring advisory board.
(2) "Director" means the director of the department of
licensing or the director’s designee.
(3) "The practice of cosmetology" means the practice of
cutting, trimming, styling, shampooing, permanent waving,
chemical relaxing or straightening, bleaching, or coloring of
the hair of the face, neck, and scalp and manicuring and
esthetics.
(4) "Cosmetologist" means a person licensed under this
chapter to engage in the practice of cosmetology and who
has completed sixteen hundred hours of instruction at a
school licensed under this chapter.
(5) "The practice of barbering" means the cutting,
trimming, arranging, dressing, curling, waving and shampooing hair of the face, neck and scalp.
(6) "Barber" means a person licensed under this chapter
to engage in the practice of barbering.
(7) "Practice of manicuring" means the cleaning,
shaping, or polishing of the nails of the hands or feet, and
the application and removal of artificial nails.
(8) "Manicurist" means a person licensed under this
chapter to engage in the practice of manicuring.
(9) "Practice of esthetics" means skin care of the face,
neck, and hands involving hot compresses, massage, or the
use of approved electrical appliances or nonabrasive chemical compounds formulated for professional application only,
and the temporary removal of superfluous hair by means of
lotions, creams, or mechanical or electrical apparatus or
appliance on another person.
(10) "Esthetician" means a person licensed under this
chapter to engage in the practice of esthetics.
(11) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and is enrolled in an approved instructortrainee program in a school licensed under this chapter.
(12) "School" means any establishment offering instruction in the practice of cosmetology, or barbering, or esthetics, or manicuring, or instructor-trainee to students and
licensed under this chapter.
(13) "Student" means a person sixteen years of age or
older who is enrolled in a school licensed under this chapter
and receives any phase of cosmetology, barbering, esthetics
or manicuring instruction with or without tuition, fee, or
cost, and who does not receive any wage or commission.
(14) "Instructor-operator-cosmetology" means a person
who gives instruction in the practice of cosmetology and
instructor-training in a school and who has the same qualifications as a cosmetologist, has completed at least five
hundred hours of instruction in teaching techniques and
lesson planning in a school, and has passed an examination
prepared or selected by the board and administered by the
director. An applicant who holds a degree in education from
an accredited postsecondary institution and who is otherwise
qualified shall upon application be licensed as an instructoroperator with a cosmetology endorsement.
(15) "Instructor-operator-barber" means a person who
gives instruction in the practice of barbering and instructor
(2002 Ed.)
18.16.020
training in a school, has the same qualifications as a barber,
has completed at least five hundred hours of instruction in
teaching techniques and lesson planning in a school, and has
passed an examination prepared or selected by the board and
administered by the director. An applicant who holds a
degree in education from an accredited postsecondary
institution and who is otherwise qualified shall upon application be licensed as an instructor-operator with a barber
endorsement.
(16) "Instructor-operator-manicure" means a person who
gives instruction in the practice of manicuring and instructor
training in a school, has the same qualifications as a manicurist, has completed at least five hundred hours of instruction in teaching techniques and lesson planning in a school,
and has passed an examination prepared or selected by the
board and administered by the director. An applicant who
holds a degree in education from an accredited
postsecondary institution and who is otherwise qualified shall
upon application be licensed as an instructor-operator with
a manicurist endorsement.
(17) "Instructor-operator-esthetics" means a person who
gives instruction in the practice of esthetics and instructor
training in a school, has the same qualifications as an
esthetician, has completed at least five hundred hours of
instruction in teaching techniques and lesson planning in a
school, and has passed an examination prepared or selected
by the board and administered by the director. An applicant
who holds a degree in education from an accredited
postsecondary institution and who is otherwise qualified shall
upon application be licensed as an instructor-operator with
an esthetics endorsement.
(18) "Vocational student" is a person who in cooperation
with any senior high, vocational technical institute, community college, or prep school, attends a cosmetology school
and participates in its student course of instruction and has
the same rights and duties as a student as defined in this
chapter. The person must have academically completed the
eleventh grade of high school. Every such vocational
student shall receive credit for all creditable hours of the
approved course of instruction received in the school of
cosmetology upon graduation from high school. Hours shall
be credited to a vocational student if the student graduates
from an accredited high school or receives a certificate of
educational competence.
(19) "Booth renter" means a person who performs
cosmetology, barbering, esthetics, or manicuring services
where the use of the salon/shop facilities is contingent upon
compensation to the owner of the salon/shop facilities and
the person receives no compensation or other consideration
from the owner for the services performed.
(20) "Person" means any individual, partnership,
professional service corporation, joint stock association, joint
venture, or any other entity authorized to do business in this
state.
(21) "Salon/shop" means any building, structure, or
motor home or any part thereof, other than a school, where
the commercial practice of cosmetology, barbering, esthetics,
or manicuring is conducted.
(22) "Crossover training" means training approved by
the director as training hours that may be credited to current
licensees for similar training received in another profession
licensed under this chapter.
[Title 18 RCW—page 29]
18.16.020
Title 18 RCW: Businesses and Professions
(23) "Approved security" means surety bond, savings
assignment, or irrevocable letter of credit.
(24) "Mobile operator" means any person possessing a
valid cosmetology, barbering, manicuring, or esthetician’s
license that provides services in a mobile salon/shop.
(25) "Personal service operator" means any person
possessing a valid cosmetology, barbering, manicuring, or
esthetician’s license that provides services for clients in the
client’s home, office, or other location that is convenient for
the client. [1991 c 324 § 1; 1984 c 208 § 2.]
18.16.020 Definitions. (Effective June 1, 2003.) As
used in this chapter, the following terms have the meanings
indicated unless the context clearly requires otherwise:
(1) "Department" means the department of licensing.
(2) "Board" means the cosmetology, barbering, esthetics,
and manicuring advisory board.
(3) "Director" means the director of the department of
licensing or the director’s designee.
(4) "The practice of cosmetology" means arranging,
dressing, cutting, trimming, styling, shampooing, permanent
waving, chemical relaxing, straightening, curling, bleaching,
lightening, coloring, waxing, tweezing, shaving, and mustache and beard design of the hair of the face, neck, and
scalp; temporary removal of superfluous hair by use of
depilatories, waxing, or tweezing; manicuring and
pedicuring, limited to cleaning, shaping, polishing, decorating, and caring for and treatment of the cuticles and nails of
the hands and feet, excluding the application and removal of
sculptured or otherwise artificial nails; esthetics limited to
toning the skin of the scalp, stimulating the skin of the body
by the use of preparations, tonics, lotions, or creams; and
tinting eyelashes and eyebrows.
(5) "Cosmetologist" means a person licensed under this
chapter to engage in the practice of cosmetology.
(6) "The practice of barbering" means the cutting,
trimming, arranging, dressing, curling, shampooing, shaving,
and mustache and beard design of the hair of the face, neck,
and scalp.
(7) "Barber" means a person licensed under this chapter
to engage in the practice of barbering.
(8) "Practice of manicuring" means the cleaning,
shaping, polishing, decorating, and caring for and treatment
of the cuticles and the nails of the hands or feet, and the
application and removal of sculptured or otherwise artificial
nails by hand or with mechanical or electrical apparatus or
appliances.
(9) "Manicurist" means a person licensed under this
chapter to engage in the practice of manicuring.
(10) "Practice of esthetics" means care of the skin by
application and use of preparations, antiseptics, tonics,
essential oils, or exfoliants, or by any device or equipment,
electrical or otherwise, or by wraps, compresses, cleansing,
conditioning, stimulation, pore extraction, or product application and removal; the temporary removal of superfluous hair
by means of lotions, creams, mechanical or electrical
apparatus, appliance, waxing, tweezing, or depilatories;
tinting of eyelashes and eyebrows; and lightening the hair,
except the scalp, on another person.
(11) "Esthetician" means a person licensed under this
chapter to engage in the practice of esthetics.
[Title 18 RCW—page 30]
(12) "Instructor-trainee" means a person who is currently licensed in this state as a cosmetologist, barber, manicurist, or esthetician, and is enrolled in an instructor-trainee
curriculum in a school licensed under this chapter.
(13) "School" means any establishment that offers
curriculum of instruction in the practice of cosmetology,
barbering, esthetics, manicuring, or instructor-trainee to
students and is licensed under this chapter.
(14) "Student" means a person sixteen years of age or
older who is enrolled in a school licensed under this chapter
and receives instruction in any of the curricula of cosmetology, barbering, esthetics, manicuring, or instructor-training
with or without tuition, fee, or cost, and who does not
receive any wage or commission.
(15) "Instructor" means a person who gives instruction
in a school in a curriculum in which he or she holds a
license under this chapter, has completed at least five
hundred hours of instruction in teaching techniques and
lesson planning in a school, and has passed a licensing
examination approved or administered by the director. An
applicant who holds a degree in education from an accredited postsecondary institution shall upon application be
licensed as an instructor to give instruction in a school in a
curriculum in which he or she holds a license under this
chapter. An applicant who holds an instructional credential
from an accredited community or technical college and who
has passed a licensing examination approved or administered
by the director shall upon application be licensed as an
instructor to give instruction in a school in a curriculum in
which he or she holds a license under this chapter.
(16) "Person" means any individual, partnership,
professional service corporation, joint stock association, joint
venture, or any other entity authorized to do business in this
state.
(17) "Salon/shop" means any building, structure, or any
part thereof, other than a school, where the commercial
practice of cosmetology, barbering, esthetics, or manicuring
is conducted; provided that any person, except employees of
a salon/shop, who operates from a salon/shop is required to
meet all salon/shop licensing requirements.
(18) "Crossover training" means training approved by
the director as training hours that may be credited to current
licensees for similar training received in another profession
licensed under this chapter.
(19) "Approved security" means surety bond.
(20) "Personal services" means a location licensed under
this chapter where the practice of cosmetology, barbering,
manicuring, or esthetics is performed for clients in the
client’s home, office, or other location that is convenient for
the client.
(21) "Individual license" means a cosmetology, barber,
manicurist, esthetician, or instructor license issued under this
chapter.
(22) "Location license" means a license issued under
this chapter for a salon/shop, school, personal services, or
mobile unit.
(23) "Mobile unit" is a location license under this
chapter where the practice of cosmetology, barbering,
esthetics, or manicuring is conducted in a mobile structure.
Mobile units must conform to the health and safety standards
set by rule under this chapter.
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
(24) "Curriculum" means the courses of study taught at
a school, set by rule under this chapter, and approved by the
department. After consulting with the board, the director
may set by rule a percentage of hours in a curriculum, up to
a maximum of ten percent, that could include hours a
student receives while training in a salon/shop under a
contract approved by the department. Each curriculum must
include at least the following required hours:
(a) Cosmetologist, one thousand six hundred hours;
(b) Barber, one thousand hours;
(c) Manicurist, six hundred hours;
(d) Esthetician, six hundred hours;
(e) Instructor-trainee, five hundred hours.
(25) "Student monthly report" means the student record
of daily activities and the number of hours completed in
each course of a curriculum that is prepared monthly by the
school and provided to the student, audited annually by the
department, and kept on file by the school for three years.
[2002 c 111 § 2; 1991 c 324 § 1; 1984 c 208 § 2.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.030 Director—Powers and duties. (Effective
until January 1, 2003.) In addition to any other duties
imposed by law, the director shall have the following powers
and duties:
(1) To set all license, examination, and renewal fees in
accordance with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) To investigate alleged violations of this chapter and
consumer complaints involving the practice of cosmetology,
barbering, esthetics, or manicuring, schools offering training
in these areas, and salons/shops and booth renters offering
these services;
(4) To issue subpoenas, statements of charges, statements of intent, final orders, stipulated agreements, and any
other legal remedies necessary to enforce this chapter;
(5) To issue cease and desist letters and letters of
warning for infractions of this chapter;
(6) To conduct all disciplinary proceedings, impose
sanctions, and assess fines for violations of this chapter or
any rules adopted under it;
(7) To prepare and administer or approve the preparation and administration of licensing examinations;
(8) To establish minimum safety and sanitation standards for schools, cosmetologists, barbers, manicurists,
estheticians, and salons/shops;
(9) To establish minimum instruction guidelines for the
training of students;
(10) To maintain the official department record of
applicants and licensees;
(11) To delegate in writing to a designee the authority
to issue subpoenas, statements of charges, and any other
documents necessary to enforce this chapter;
(12) To establish by rule the procedures for an appeal
of an examination failure;
(13) To employ such administrative, investigative, and
clerical staff as needed to implement this chapter;
(14) To set license expiration dates and renewal periods
for all licenses consistent with this chapter; and
(15) To make information available to the department of
revenue to assist in collecting taxes from persons required to
(2002 Ed.)
18.16.020
be licensed under this chapter. [1991 c 324 § 2; 1984 c 208
§ 7.]
18.16.030 Director—Powers and duties (as amended by 2002 c
86). (Effective January 1, 2003.) In addition to any other duties imposed
by law, including RCW 18.235.030 and 18.235.040, the director shall have
the following powers and duties:
(1) To set all license, examination, and renewal fees in accordance
with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) ((To investigate alleged violations of this chapter and consumer
complaints involving the practice of cosmetology, barbering, esthetics, or
manicuring, schools offering training in these areas, and salons/shops and
booth renters offering these services;
(4) To issue subpoenas, statements of charges, statements of intent,
final orders, stipulated agreements, and any other legal remedies necessary
to enforce this chapter;
(5) To issue cease and desist letters and letters of warning for
infractions of this chapter;
(6) To conduct all disciplinary proceedings, impose sanctions, and
assess fines for violations of this chapter or any rules adopted under it;
(7))) To prepare and administer or approve the preparation and
administration of licensing examinations;
(((8))) (4) To establish minimum safety and sanitation standards for
schools, cosmetologists, barbers, manicurists, estheticians, and salons/shops;
(((9))) (5) To establish minimum instruction guidelines for the training
of students;
(((10))) (6) To maintain the official department record of applicants
and licensees;
(((11) To delegate in writing to a designee the authority to issue
subpoenas, statements of charges, and any other documents necessary to
enforce this chapter;
(12))) (7) To establish by rule the procedures for an appeal of an
examination failure;
(((13) To employ such administrative, investigative, and clerical staff
as needed to implement this chapter;
(14))) (8) To set license expiration dates and renewal periods for all
licenses consistent with this chapter; and
(((15))) (9) To make information available to the department of
revenue to assist in collecting taxes from persons required to be licensed
under this chapter. [2002 c 86 § 213; 1991 c 324 § 2; 1984 c 208 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.030 Director—Powers and duties (as amended by 2002 c
111). (Effective June 1, 2003.) In addition to any other duties imposed by
law, the director shall have the following powers and duties:
(1) To set all license, examination, and renewal fees in accordance
with RCW 43.24.086;
(2) To adopt rules necessary to implement this chapter;
(3) To investigate alleged violations of this chapter and consumer
complaints involving the practice under this chapter of cosmetology,
barbering, esthetics, ((or)) manicuring, or instructing, and schools offering
((training)) course curricula in these ((areas)) practices, and salons/shops
((and booth renters offering)), personal services, or mobile units where these
((services)) practices are conducted;
(4) To issue subpoenas, statements of charges, statements of intent,
final orders, stipulated agreements, and any other legal remedies necessary
to enforce this chapter;
(5) To issue cease and desist ((letters)) orders and ((letters of
warning)) notices of correction for infractions of this chapter;
(6) To conduct all disciplinary proceedings, impose sanctions, and
assess fines for violations of this chapter or any rules adopted under it;
(7) To prepare and administer or approve the preparation and
administration of licensing examinations;
(8) To establish minimum safety and sanitation standards for schools,
instructors, cosmetologists, barbers, manicurists, estheticians, ((and)) salons/
shops, personal services, and mobile units;
(9) To establish ((minimum instruction guidelines)) curricula for the
training of students under this chapter;
(10) To maintain the official department record of applicants and
licensees;
[Title 18 RCW—page 31]
18.16.030
Title 18 RCW: Businesses and Professions
(11) To delegate in writing to a designee the authority to issue
subpoenas, statements of charges, cease and desist orders, and any other
documents necessary to enforce this chapter;
(12) To establish by rule the procedures for an appeal of an examination failure;
(13) To employ such administrative, investigative, inspection, audit,
and clerical staff as needed to implement this chapter;
(14) To set license expiration dates and renewal periods for all
licenses consistent with this chapter; and
(15) To make information available to the department of revenue to
assist in collecting taxes from persons required to be licensed under this
chapter. [2002 c 111 § 3; 1991 c 324 § 2; 1984 c 208 § 7.]
Reviser’s note: RCW 18.16.030 was amended twice during the 2002
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.050
Advisory board—Members—
Compensation. (Effective until June 1, 2003.) (1) There
is created a state cosmetology, barbering, esthetics, and
manicuring advisory board consisting of nine members
appointed by the director. These members of the board shall
include: A representative of a private cosmetology school;
a representative of a public vocational technical school
involved in cosmetology training; a consumer who is
unaffiliated with the cosmetology, barbering, esthetics, or
manicuring industry; and six members who are currently
practicing licensees who have been engaged in the practice
of manicuring, esthetics, barbering, or cosmetology for at
least three years. Members shall serve a term of three years.
Any board member may be removed for just cause. The
director may appoint a new member to fill any vacancy on
the board for the remainder of the unexpired term.
(2) Board members shall be entitled to compensation
pursuant to RCW 43.03.240 for each day spent conducting
official business and to reimbursement for travel expenses as
provided by RCW 43.03.050 and 43.03.060.
(3) The board may seek the advice and input of officials
from the following state agencies: (a) The work force
training and education coordinating board; (b) the department
of employment security; (c) the department of labor and
industries; (d) the department of health; (e) the department
of licensing; and (f) the department of revenue. [1998 c 245
§ 5; 1998 c 20 § 1; 1997 c 179 § 1; 1995 c 269 § 402; 1991
c 324 § 3; 1984 c 208 § 9.]
Reviser’s note: This section was amended by 1998 c 20 § 1 and by
1998 c 245 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Findings—1995 c 269: "The legislature finds that the economic
opportunities for cosmetologists, barbers, estheticians, and manicurists have
deteriorated in this state as a result of the lack of skilled practitioners,
inadequate licensing controls, and inadequate enforcement of health
standards. To increase the opportunities for individuals to earn viable
incomes in these professions and to protect the general health of the public,
the state cosmetology, barbering, esthetics, and manicuring advisory board
should be reconstituted and given a new charge to develop appropriate
responses to this situation, including legislative proposals." [1995 c 269 §
401.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.16.050
Advisory board—Members—
Compensation. (Effective June 1, 2003.) (1) There is
[Title 18 RCW—page 32]
created a state cosmetology, barbering, esthetics, and
manicuring advisory board consisting of nine members
appointed by the director. These members of the board shall
include: A representative of private schools licensed under
this chapter; a representative of public vocational technical
schools licensed under this chapter; a consumer who is
unaffiliated with the cosmetology, barbering, esthetics, or
manicuring industry; and six members who are currently
practicing licensees who have been engaged in the practice
of manicuring, esthetics, barbering, or cosmetology for at
least three years. Members shall serve a term of three years.
Any board member may be removed for just cause. The
director may appoint a new member to fill any vacancy on
the board for the remainder of the unexpired term.
(2) Board members shall be entitled to compensation
pursuant to RCW 43.03.240 for each day spent conducting
official business and to reimbursement for travel expenses as
provided by RCW 43.03.050 and 43.03.060.
(3) The board may seek the advice and input of officials
from the following state agencies: (a) The work force
training and education coordinating board; (b) the department
of employment security; (c) the department of labor and
industries; (d) the department of health; (e) the department
of licensing; and (f) the department of revenue. [2002 c 111
§ 4. Prior: 1998 c 245 § 5; 1998 c 20 § 1; 1997 c 179 § 1;
1995 c 269 § 402; 1991 c 324 § 3; 1984 c 208 § 9.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Findings—1995 c 269: "The legislature finds that the economic
opportunities for cosmetologists, barbers, estheticians, and manicurists have
deteriorated in this state as a result of the lack of skilled practitioners,
inadequate licensing controls, and inadequate enforcement of health
standards. To increase the opportunities for individuals to earn viable
incomes in these professions and to protect the general health of the public,
the state cosmetology, barbering, esthetics, and manicuring advisory board
should be reconstituted and given a new charge to develop appropriate
responses to this situation, including legislative proposals." [1995 c 269 §
401.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.16.060 Licenses required—Penalty—Exemptions.
(Effective until January 1, 2003.) (1) The director shall
impose a fine of one thousand dollars on any person who
does any of the following without first obtaining the license
required by this chapter:
(a) Except as provided in subsection (2) of this section,
commercial practice of cosmetology, barbering, esthetics,
manicuring, or instructing;
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/shop. Each booth renter shall be
considered to be operating an independent salon/shop and
shall obtain a separate salon/shop license.
(2) A person licensed as a cosmetology instructoroperator may engage in the commercial practice of cosmetology without maintaining a cosmetologist license. A person
licensed as a barbering instructor-operator may engage in the
commercial practice of barbering without maintaining a
barber license. A person licensed as a manicuring instructoroperator may engage in the commercial practice of manicuring without maintaining a manicurist license. A person
licensed as an esthetician instructor-operator may engage in
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
the commercial practice of esthetics without maintaining an
esthetician license. [1991 c 324 § 4; 1984 c 208 § 3.]
18.16.060 Licenses required—Penalty—Exemptions (as amended
by 2002 c 86). (Effective January 1, 2003.) (1) The director ((shall
impose a fine of one thousand dollars on)) may take action under RCW
18.235.150 and 18.235.160 against any person who does any of the
following without first obtaining the license required by this chapter:
(a) Except as provided in subsection (2) of this section, commercial
practice of cosmetology, barbering, esthetics, manicuring, or instructing;
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/shop. Each booth renter shall be considered to
be operating an independent salon/shop and shall obtain a separate salon/
shop license.
(2) A person licensed as a cosmetology instructor-operator may engage
in the commercial practice of cosmetology without maintaining a cosmetologist license. A person licensed as a barbering instructor-operator may
engage in the commercial practice of barbering without maintaining a barber
license. A person licensed as a manicuring instructor-operator may engage
in the commercial practice of manicuring without maintaining a manicurist
license. A person licensed as an esthetician instructor-operator may engage
in the commercial practice of esthetics without maintaining an esthetician
license. [2002 c 86 § 214; 1991 c 324 § 4; 1984 c 208 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.060 Licenses required—Penalty—Exemptions (as amended
by 2002 c 111). (Effective June 1, 2003.) (1) The director shall impose a
fine of one thousand dollars on any person who ((does)), after a hearing
provided for in RCW 18.16.210, has been found to have done any of the
following without first obtaining the license required by this chapter:
(a) Except as provided in subsection (2) of this section, commercial
practice of cosmetology, barbering, esthetics, manicuring, or instructing;
(b) Instructs in a school;
(c) Operates a school; or
(d) Operates a salon/shop, personal services, or mobile unit. ((Each
booth renter shall be considered to be operating an independent salon/shop
and shall obtain a separate salon/shop license.))
(2) A person who receives a license((d)) as ((a cosmetology instructoroperator)) an instructor may engage in the commercial practice ((of
cosmetology)) for which he or she held a license when applying for the
instructor license without ((maintaining a cosmetologist)) renewing the
previously held license. ((A person licensed as a barbering instructoroperator may engage in the commercial practice of barbering without
maintaining a barber license. A person licensed as a manicuring instructoroperator may engage in the commercial practice of manicuring without
maintaining a manicurist license. A person licensed as an esthetician
instructor-operator may engage in the commercial practice of esthetics
without maintaining an esthetician license.)) A person whose license is not
or at any time was not renewed cannot engage in the commercial practice
previously permitted under that license unless that person renews the
previously held license. [2002 c 111 § 5; 1991 c 324 § 4; 1984 c 208 § 3.]
Reviser’s note: RCW 18.16.060 was amended twice during the 2002
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.070 Licensing—Persons to whom chapter
inapplicable. This chapter shall not apply to persons
licensed under other laws of this state who are performing
services within their authorized scope of practice and shall
not be construed to require a license for students enrolled in
a school. [1984 c 208 § 4.]
18.16.080 Licensing—Other persons to whom
chapter inapplicable. Nothing in this chapter prohibits any
person authorized under the laws of this state from per(2002 Ed.)
18.16.060
forming any service for which the person may be licensed,
nor prohibits any person from performing services as an
electrologist if that person has been otherwise certified,
registered, or trained as an electrologist.
This chapter does not apply to persons employed in the
care or treatment of patients in hospitals or employed in the
care of residents of nursing homes and similar residential
care facilities. [1984 c 208 § 19.]
18.16.090 Examinations. (Effective until June 1,
2003.) Examinations for licensure under this chapter shall
be conducted monthly at such times and places as the
director determines appropriate. Examinations shall consist
of tests designed to reasonably measure the applicant’s
knowledge of safe and sanitary practice. The director shall
establish by rule the minimum passing score for all examinations and the requirements for reexamination of applicants
who fail the examination or examinations.
The director shall take steps to ensure that after completion of the required course, applicants may promptly take the
examination and receive the results of the examination.
[1991 c 324 § 5; 1984 c 208 § 10.]
18.16.090 Examinations. (Effective June 1, 2003.)
Examinations for licensure under this chapter shall be
conducted at such times and places as the director determines appropriate. Examinations shall consist of tests designed to reasonably measure the applicant’s knowledge of
safe and sanitary practices and may also include the
applicant’s knowledge of this chapter and rules adopted
pursuant to this chapter. The director may establish by rule
a performance examination in addition to any other examination. The director shall establish by rule the minimum
passing score for all examinations and the requirements for
reexamination of applicants who fail the examination or
examinations. The director may allow an independent
person to conduct the examinations at the expense of the
applicants.
The director shall take steps to ensure that after completion of the required course, applicants may promptly take the
examination and receive the results of the examination.
[2002 c 111 § 6; 1991 c 324 § 5; 1984 c 208 § 10.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.100 Issuance of licenses—Requirements.
(Effective until June 1, 2003.) (1) Upon payment of the
proper fee, the director shall issue the appropriate license to
any person who:
(a) Is at least seventeen years of age or older;
(b) Has completed and graduated from a course approved by the director of sixteen hundred hours of training
in cosmetology, one thousand hours of training in barbering,
five hundred hours of training in manicuring, five hundred
hours of training in esthetics, and/or five hundred hours of
training as an instructor-trainee; and
(c) Has received a passing grade on the appropriate
licensing examination approved or administered by the
director.
(2) A person currently licensed under this chapter may
qualify for examination and licensure, after the required
examination is passed, in another category if he or she has
[Title 18 RCW—page 33]
18.16.100
Title 18 RCW: Businesses and Professions
completed the crossover training course approved by the
director.
(3) Upon payment of the proper fee, the director shall
issue a salon/shop license to the operator of a salon/shop if
the salon/shop meets the other requirements of this chapter
as demonstrated by information submitted by the operator.
(4) The director may consult with the state board of
health and the department of labor and industries in establishing training and examination requirements. [1991 c 324
§ 6; 1984 c 208 § 5.]
18.16.100 Issuance of licenses—Requirements.
(Effective June 1, 2003.) (1) Upon completion of an
application approved by the department and payment of the
proper fee, the director shall issue the appropriate license to
any person who:
(a) Is at least seventeen years of age or older;
(b) Has completed and graduated from a school licensed
under this chapter in a curriculum approved by the director
of sixteen hundred hours of training in cosmetology, one
thousand hours of training in barbering, six hundred hours of
training in manicuring, six hundred hours of training in
esthetics, and/or five hundred hours of training as an
instructor-trainee, or has met the requirements in RCW
18.16.020 or 18.16.130; and
(c) Has received a passing grade on the appropriate
licensing examination approved or administered by the
director.
(2) A person currently licensed under this chapter may
qualify for examination and licensure, after the required
examination is passed, in another category if he or she has
completed the crossover training course.
(3) Upon completion of an application approved by the
department, certification of insurance, and payment of the
proper fee, the director shall issue a location license to the
applicant.
(4) The director may consult with the state board of
health and the department of labor and industries in establishing training and examination requirements. [2002 c 111
§ 7; 1991 c 324 § 6; 1984 c 208 § 5.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.110 Issuance of licenses—Renewals—
Duplicates. (Effective until June 1, 2003.) (1) The director
shall issue the appropriate license to any applicant who
meets the requirements as outlined in this chapter. Failure
to renew a license before its expiration date subjects the
holder to a penalty fee and payment of each year’s renewal
fee, at the current rate, up to a maximum of four years as
established by the director in accordance with RCW
43.24.086. A person whose license has not been renewed
for four years shall be required to submit an application, fee,
meet current licensing requirements, and pass the applicable
examination or examinations before the license may be
reinstated: PROVIDED, That the director may waive this
requirement for good cause shown. To renew a salon/shop
license, the licensee shall provide proof of insurance as
required by RCW 18.16.175(1)(h).
(2) Upon request and payment of an additional fee to be
established by the director, the director shall issue a dupli[Title 18 RCW—page 34]
cate license to an applicant. [1991 c 324 § 7; 1984 c 208 §
12.]
18.16.110 Issuance of licenses—Renewals—
Duplicates. (Effective June 1, 2003.) (1) The director shall
issue the appropriate license to any applicant who meets the
requirements as outlined in this chapter.
(2) Failure to renew a license before its expiration date
subjects the holder to a penalty fee and payment of each
year’s renewal fee, at the current rate. A person whose
license has not been renewed within one year after its
expiration date shall have the license canceled and shall be
required to submit an application, pay the license fee, meet
current licensing requirements, and pass any applicable
examination or examinations, in addition to the other
requirements of this chapter, before the license may be
reinstated.
(3) Upon request and payment of an additional fee to be
established by rule by the director, the director shall issue a
duplicate license to an applicant. [2002 c 111 § 8; 1991 c
324 § 7; 1984 c 208 § 12.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.130 Issuance of licenses—Persons licensed in
other jurisdictions. Any person who is properly licensed in
any state, territory, or possession of the United States, or
foreign country shall be eligible for examination if the
applicant submits the approved application and fee and
provides proof to the director that he or she is currently
licensed in good standing as a cosmetologist, barber,
manicurist, esthetician, instructor, or the equivalent in that
jurisdiction. Upon passage of the required examinations the
appropriate license will be issued. [1991 c 324 § 10; 1984
c 208 § 11.]
18.16.140 School licenses—Application—Approved
security—Issuance—Changes in application information—Changes in controlling interest. (Effective until
June 1, 2003.) (1) Any person wishing to operate a school
shall, before opening such a school, file with the director for
approval a license application and fee containing the following information:
(a) The names and addresses of all owners, managers,
and instructors;
(b) A copy of the school’s curriculum satisfying the
training guidelines established by the director;
(c) A sample copy of the school’s catalog, brochure,
enrollment contract, and cancellation and refund policies that
will be used or distributed by the school to students and the
public;
(d) A description and floor plan of the school’s physical
equipment and facilities;
(e) A surety bond, irrevocable letter of credit, or savings
assignment in an amount not less than ten thousand dollars,
or ten percent of the annual gross tuition collected by the
school, whichever is greater. The approved security shall
not exceed fifty thousand dollars and shall run to the state of
Washington for the protection of unearned prepaid student
tuition. The school shall attest to its gross tuition at least
annually on forms provided by the department. When a new
school license is being applied for, the applicant will
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
estimate its annual gross tuition to establish a bond amount.
This subsection shall not apply to community colleges and
vocational technical schools.
Upon approval of the application and documents, the
director shall issue a license to operate a school with the
appropriate certification or certifications.
(2) Changes to the information provided by schools
shall be submitted to the department within fifteen days of
the implementation date.
(3) A change involving the controlling interest of the
school requires a new license application and fee. The new
application shall include all required documentation, proof of
ownership change, and be approved prior to a license being
issued. [1991 c 324 § 11; 1987 c 445 § 1; 1984 c 208 § 6.]
18.16.140 School licenses—Application—Approved
security—Issuance—Changes in application information—Changes in controlling interest—Posting of licenses.
(Effective June 1, 2003.) (1) Any person wishing to operate
a school shall, before opening such a school, pay the license
fee and file with the director for approval a license application containing the following information:
(a) The names and addresses of all owners, managers,
and instructors;
(b) A copy of the school’s curriculum satisfying the
curriculum requirements established by the director;
(c) A sample copy of the school’s catalog, brochure,
enrollment contract, and cancellation and refund policies that
will be used or distributed by the school to students and the
public;
(d) A surety bond in an amount not less than ten
thousand dollars, or ten percent of the annual gross tuition
collected by the school, whichever is greater. The approved
security shall not exceed fifty thousand dollars and shall run
to the state of Washington for the protection of unearned
prepaid student tuition. The school shall attest to its gross
tuition at least annually on forms provided by the department. When a new school license is being applied for, the
applicant will estimate its annual gross tuition to establish a
bond amount. This subsection shall not apply to community
colleges and vocational technical schools.
Upon approval of the application and documents, the
director shall issue a license to operate a school.
(2) Changes to the information provided by schools
shall be submitted to the department within fifteen days of
the implementation date.
(3) A change involving the controlling interest of the
school requires a new license application and fee. The new
application shall include all required documentation, proof of
ownership change, and be approved prior to a license being
issued.
(4) School and instructor licenses issued by the department shall be posted in the reception area of the school.
[2002 c 111 § 9; 1991 c 324 § 11; 1987 c 445 § 1; 1984 c
208 § 6.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.150 Schools—Compliance with chapter.
(Effective until January 1, 2003.) Schools shall be audited
and inspected by the director or the director’s designee for
compliance with this chapter at least once a year. If the
(2002 Ed.)
18.16.140
director determines that a licensed school is not maintaining
the standards required according to this chapter, written
notice thereof shall be given to the school. A school which
fails to correct these conditions to the satisfaction of the
director within a reasonable time shall be subject to penalties
imposed under RCW 18.16.210. [1997 c 178 § 1; 1991 c
324 § 12; 1984 c 208 § 8.]
18.16.150 Schools—Compliance with chapter.
(Effective January 1, 2003.) Schools shall be audited and
inspected by the director or the director’s designee for
compliance with this chapter at least once a year. If the
director determines that a licensed school is not maintaining
the standards required according to this chapter, written
notice thereof shall be given to the school. A school which
fails to correct these conditions to the satisfaction of the
director within a reasonable time may be subject to penalties
imposed under RCW 18.235.110. [2002 c 86 § 215; 1997
c 178 § 1; 1991 c 324 § 12; 1984 c 208 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.160 Schools—Claims against—Procedure. In
addition to any other legal remedy, any student or instructortrainee having a claim against a school may bring suit upon
the approved security required in *RCW 18.16.140(1)(e) in
the superior or district court of Thurston county or the
county in which the educational services were offered by the
school. Action upon the approved security shall be commenced by filing the complaint with the clerk of the appropriate superior or district court within one year from the date
of the cancellation of the approved security: PROVIDED,
That no action shall be maintained upon the approved
security for any claim which has been barred by any
nonclaim statute or statute of limitations of this state.
Service of process in an action upon the approved security
shall be exclusively by service upon the director. Two
copies of the complaint shall be served by registered or
certified mail upon the director at the time the suit is started.
Such service shall constitute service on the approved security
and the school. The director shall transmit the complaint or
a copy thereof to the school at the address listed in the
director’s records and to the surety within forty-eight hours
after it has been received. The approved security shall not
be liable in an aggregate amount in excess of the amount
named in the approved security. In any action on an
approved security, the prevailing party is entitled to reasonable attorney’s fees and costs.
The director shall maintain a record, available for public
inspection, of all suits commenced under this chapter upon
approved security. [1991 c 324 § 13; 1984 c 208 § 16.]
*Reviser’s note: RCW 18.16.140 was amended by 2002 c 111 § 9,
changing subsection (1)(e) to subsection (1)(d).
18.16.165 Licenses issued, students enrolled before
January 1, 1992—Curricula updates. (1) All licenses
issued prior to January 1, 1992, shall remain in effect until
renewal or January 1, 1993, whichever is earlier.
(a) On or before renewal of each individual’s license the
licensee will be allowed to designate the license to be issued.
[Title 18 RCW—page 35]
18.16.165
Title 18 RCW: Businesses and Professions
A licensed cosmetologist may request licenses in cosmetology, barbering, manicuring, and esthetics. A manicurist may
request licenses in manicuring and esthetics. An instructor
may request endorsements in cosmetology, barbering,
manicuring, and esthetics.
(b) A renewal fee is required for each license type
requested. A licensed cosmetologist requesting all four
licenses shall pay four renewal fees. An instructor shall be
issued one license with endorsements for the multiple areas
that they teach with only one renewal fee required.
(c) After January 1, 1993, any licensee wishing to
obtain additional licenses or endorsements to their licenses
shall meet the training and examination requirements of this
chapter.
(2) Students currently enrolled in a licensed school in an
approved course as of January 1, 1992, may apply for the
examination or examinations in any type or any combination
of types of licenses when they complete the appropriate
course.
(3) Schools must update their curricula to comply with
this chapter by July 1, 1992. No students may be enrolled
in the programs under the previous law if they cannot
complete their training prior to January 1, 1993, to allow
them to apply for examination under subsection (2) of this
section. [1991 c 324 § 8.]
18.16.170 Expiration of licenses. (Effective until
June 1, 2003.) (1) Subject to subsection (2) of this section,
licenses issued under this chapter expire as follows:
(a) A salon/shop license expires one year from issuance
or when the insurance required by RCW 18.16.175(1)(h)
expires, whichever occurs first;
(b) A school license expires one year from issuance; and
(c) Cosmetologist, barber, manicurist, and instructor
licenses expire two years from issuance.
(2) The director may provide for expiration dates other
than those set forth in subsection (1) of this section for the
purpose of establishing staggered renewal periods. [1991 c
324 § 9.]
18.16.170 Expiration of licenses. (Effective June 1,
2003.) (1) Subject to subsection (2) of this section, licenses
issued under this chapter expire as follows:
(a) A salon/shop, personal services, or mobile unit
license expires one year from issuance or when the insurance
required by RCW 18.16.175(1)(g) expires, whichever occurs
first;
(b) A school license expires one year from issuance; and
(c) Cosmetologist, barber, manicurist, esthetician, and
instructor licenses expire two years from issuance.
(2) The director may provide for expiration dates other
than those set forth in subsection (1) of this section for the
purpose of establishing staggered renewal periods. [2002 c
111 § 10; 1991 c 324 § 9.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.175 Salon/shop requirements—Complaints—
Inspection—Registration—Use of motor homes. (Effective until January 1, 2003.) (1) A salon/shop shall meet the
following minimum requirements:
[Title 18 RCW—page 36]
(a) Maintain an outside entrance separate from any
rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers
adequate toilet facilities located within or adjacent to the
salon/shop;
(c) Be operated under the direct supervision of a
licensed cosmetologist except that a salon/shop that is
limited to barbering may be directly supervised by a barber,
a salon/shop that is limited to manicuring may be directly
supervised by a manicurist, and a salon/shop that is limited
to esthetics may be directly supervised by an esthetician;
(d) Any room used wholly or in part as a salon/shop
shall not be used for residential purposes, except that toilet
facilities may be used jointly for residential and business
purposes;
(e) Meet the zoning requirements of the county, city, or
town, as appropriate;
(f) Provide for safe storage and labeling of chemicals
used in the practice of cosmetology;
(g) Meet all applicable local and state fire codes;
(h) Provide proof that the salon/shop is covered by a
public liability insurance policy in an amount not less than
one hundred thousand dollars for combined bodily injury and
property damage liability; and
(i) Other requirements which the director determines are
necessary for safety and sanitation of salons/shops. The
director may consult with the state board of health and the
department of labor and industries in establishing minimum
salon/shop safety requirements.
(2) A salon/shop shall post the notice to customers
described in RCW 18.16.180.
(3) Upon receipt of a written complaint that a salon/shop has violated any provisions of this chapter or the
rules adopted under this chapter or at least once every two
years, the director or the director’s designee shall inspect
each salon/shop. If the director determines that any salon/shop is not in compliance with this chapter, the director
shall send written notice to the salon/shop. A salon/shop
which fails to correct the conditions to the satisfaction of the
director within a reasonable time shall, upon due notice, be
subject to the penalties imposed by the director under RCW
18.16.210. The director may enter any salon/shop during
business hours for the purpose of inspection. The director
may contract with health authorities of local governments to
conduct the inspections under this subsection.
(4) A salon/shop, including a salon/shop operated by a
booth renter, shall obtain a certificate of registration from the
department of revenue.
(5) This section does not prohibit the use of motor
homes as mobile salon/shops if the motor home meets the
health and safety standards of this section. [1997 c 178 § 2;
1991 c 324 § 15.]
18.16.175 Salon/shop requirements—Complaints—
Inspection—Registration—Use of motor homes. (Effective January 1, 2003, until June 1, 2003.) (1) A salon/shop
shall meet the following minimum requirements:
(a) Maintain an outside entrance separate from any
rooms used for sleeping or residential purposes;
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
(b) Provide and maintain for the use of its customers
adequate toilet facilities located within or adjacent to the
salon/shop;
(c) Be operated under the direct supervision of a
licensed cosmetologist except that a salon/shop that is
limited to barbering may be directly supervised by a barber,
a salon/shop that is limited to manicuring may be directly
supervised by a manicurist, and a salon/shop that is limited
to esthetics may be directly supervised by an esthetician;
(d) Any room used wholly or in part as a salon/shop
shall not be used for residential purposes, except that toilet
facilities may be used jointly for residential and business
purposes;
(e) Meet the zoning requirements of the county, city, or
town, as appropriate;
(f) Provide for safe storage and labeling of chemicals
used in the practice of cosmetology;
(g) Meet all applicable local and state fire codes;
(h) Provide proof that the salon/shop is covered by a
public liability insurance policy in an amount not less than
one hundred thousand dollars for combined bodily injury and
property damage liability; and
(i) Other requirements which the director determines are
necessary for safety and sanitation of salons/shops. The
director may consult with the state board of health and the
department of labor and industries in establishing minimum
salon/shop safety requirements.
(2) A salon/shop shall post the notice to customers
described in RCW 18.16.180.
(3) Upon receipt of a written complaint that a salon/shop has violated any provisions of this chapter, chapter
18.235 RCW, or the rules adopted under either chapter, or
at least once every two years, the director or the director’s
designee shall inspect each salon/shop. If the director determines that any salon/shop is not in compliance with this
chapter, the director shall send written notice to the salon/shop. A salon/shop which fails to correct the conditions
to the satisfaction of the director within a reasonable time
shall, upon due notice, be subject to the penalties imposed
by the director under RCW 18.235.110. The director may
enter any salon/shop during business hours for the purpose
of inspection. The director may contract with health authorities of local governments to conduct the inspections under
this subsection.
(4) A salon/shop, including a salon/shop operated by a
booth renter, shall obtain a certificate of registration from the
department of revenue.
(5) This section does not prohibit the use of motor
homes as mobile salon/shops if the motor home meets the
health and safety standards of this section. [2002 c 86 §
216; 1997 c 178 § 2; 1991 c 324 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.175 Salon/shop or mobile unit requirements—
Liability insurance—Complaints—Inspection—
Registration—Use of motor homes—Posting of licenses.
(Effective June 1, 2003.) (1) A salon/shop or mobile unit
shall meet the following minimum requirements:
(2002 Ed.)
18.16.175
(a) Maintain an outside entrance separate from any
rooms used for sleeping or residential purposes;
(b) Provide and maintain for the use of its customers
adequate toilet facilities located within or adjacent to the
salon/shop or mobile unit;
(c) Any room used wholly or in part as a salon/shop or
mobile unit shall not be used for residential purposes, except
that toilet facilities may be used jointly for residential and
business purposes;
(d) Meet the zoning requirements of the county, city, or
town, as appropriate;
(e) Provide for safe storage and labeling of chemicals
used in the practices under this chapter;
(f) Meet all applicable local and state fire codes; and
(g) Certify that the salon/shop or mobile unit is covered
by a public liability insurance policy in an amount not less
than one hundred thousand dollars for combined bodily
injury and property damage liability.
(2) The director may by rule determine other requirements that are necessary for safety and sanitation of salons/shops, personal services, or mobile units. The director
may consult with the state board of health and the department of labor and industries in establishing minimum
salon/shop, personal services, and mobile unit safety requirements.
(3) Personal services license holders shall certify
coverage of a public liability insurance policy in an amount
not less than one hundred thousand dollars for combined
bodily injury and property damage liability.
(4) Upon receipt of a written complaint that a salon/shop or mobile unit has violated any provisions of this
chapter, chapter 18.235 RCW, or the rules adopted under
either chapter, or at least once every two years for an existing salon/shop or mobile unit, the director or the director’s
designee shall inspect each salon/shop or mobile unit. If the
director determines that any salon/shop or mobile unit is not
in compliance with this chapter, the director shall send
written notice to the salon/shop or mobile unit. A salon/shop
or mobile unit which fails to correct the conditions to the
satisfaction of the director within a reasonable time shall,
upon due notice, be subject to the penalties imposed by the
director under RCW 18.235.110. The director may enter any
salon/shop or mobile unit during business hours for the
purpose of inspection. The director may contract with health
authorities of local governments to conduct the inspections
under this subsection.
(5) A salon/shop, personal services, or mobile unit shall
obtain a certificate of registration from the department of
revenue.
(6) This section does not prohibit the use of motor
homes as mobile units if the motor home meets the health
and safety standards of this section.
(7) Salon/shop or mobile unit licenses issued by the
department must be posted in the salon/shop or mobile unit’s
reception area.
(8) Cosmetology, barbering, esthetics, and manicuring
licenses issued by the department must be posted at the
licensed person’s work station. [2002 c 111 § 11; 2002 c 86
§ 216; 1997 c 178 § 2; 1991 c 324 § 15.]
Reviser’s note: This section was amended by 2002 c 86 § 216 and
by 2002 c 111 § 11, each without reference to the other. Both amendments
[Title 18 RCW—page 37]
18.16.175
Title 18 RCW: Businesses and Professions
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective date—2002 c 111: See note following RCW 18.16.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.180 Salon/shop—Notice required. The director
shall prepare and provide to all licensed salons/shops a
notice to consumers. At a minimum, the notice shall state
that cosmetology, barber, esthetics, and manicure salons/shops are required to be licensed, that salons/shops are
required to maintain minimum safety and sanitation standards, that customer complaints regarding salons/shops may
be reported to the department, and a telephone number and
address where complaints may be made. [1991 c 324 § 16.]
18.16.190 Location of practice—Penalty—
Placebound clients. It is a violation of this chapter for any
person to engage in the commercial practice of cosmetology,
barbering, esthetics, or manicuring, except in a licensed salon/shop or the home, office, or other location selected by
the client for obtaining the services of a personal service
operator, or with the appropriate individual license when
delivering services to placebound clients. Placebound clients
are defined as persons who are ill, disabled, or otherwise
unable to travel to a salon/shop. [1991 c 324 § 20.]
18.16.200 Disciplinary action—Grounds. (Effective
until January 1, 2003.) Any applicant or licensee under this
chapter may be subject to disciplinary action by the director
if the licensee or applicant:
(1) Has been found guilty of a crime related to the
practice of cosmetology, barbering, esthetics, manicuring, or
instructing;
(2) Has made a material misstatement or omission in
connection with an original application or renewal;
(3) Has engaged in false or misleading advertising;
(4) Has performed services in an unsafe or unsanitary
manner;
(5) Has aided and abetted unlicensed activity;
(6) Has engaged in the commercial practice of cosmetology, barbering, manicuring, esthetics, or instructed in or
operated a school without first obtaining the license required
by this chapter;
(7) Has engaged in the commercial practice of cosmetology in a school;
(8) Has not provided a safe, sanitary, and good moral
environment for students and public;
(9) Has not provided records as required by this chapter;
(10) Has not cooperated with the department in supplying records or assisting in an investigation or disciplinary
procedure; or
(11) Has violated any provision of this chapter or any
rule adopted under it. [1991 c 324 § 14; 1984 c 208 § 13.]
18.16.200 Disciplinary action—Grounds (as amended by 2002 c
86). (Effective January 1, 2003.) Any applicant or licensee under this
chapter may be subject to disciplinary action by the director if the licensee
or applicant:
(1) ((Has been found guilty of a crime related to the practice of
cosmetology, barbering, esthetics, manicuring, or instructing;
[Title 18 RCW—page 38]
(2) Has made a material misstatement or omission in connection with
an original application or renewal;
(3) Has engaged in false or misleading advertising;
(4) Has performed services in an unsafe or unsanitary manner;
(5) Has aided and abetted unlicensed activity;
(6))) Has engaged in the commercial practice of cosmetology,
barbering, manicuring, esthetics, or instructed in or operated a school
without first obtaining the license required by this chapter;
(((7))) (2) Has engaged in the commercial practice of cosmetology in
a school;
(((8))) (3) Has not provided a safe, sanitary, and good moral
environment for students and the public((;
(9) Has not provided records as required by this chapter;
(10) Has not cooperated with the department in supplying records or
assisting in an investigation or disciplinary procedure)); or
(((11))) (4) Has violated any provision of this chapter or any rule
adopted under it. [2002 c 86 § 217; 1991 c 324 § 14; 1984 c 208 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.200 Disciplinary action—Grounds (as amended by 2002 c
111). (Effective June 1, 2003.) Any applicant or licensee under this
chapter may be subject to disciplinary action by the director if the licensee
or applicant:
(1) Has been found guilty of a crime ((related to the practice of
cosmetology, barbering, esthetics, manicuring, or instructing)) within the
prior ten years involving moral turpitude or has been found to have violated
any provision of chapter 19.86 RCW;
(2) Has made a material misstatement or omission in connection with
an original application or renewal;
(3) Has engaged in false or misleading advertising;
(4) Has performed services in an unsafe or unsanitary manner;
(5) Has aided and abetted unlicensed activity;
(6) Has engaged in the commercial practice of cosmetology, barbering,
manicuring, or esthetics, or has instructed in or operated a school, salon/
shop, personal services, or mobile unit, without first obtaining the license
required by this chapter;
(7) Has engaged in the commercial practice of cosmetology, barbering,
manicuring, or esthetics in a school;
(8) Has not provided a safe, sanitary, and good moral environment for
students and public;
(9) Has not provided records as required by this chapter;
(10) Has not cooperated with the department in supplying records or
assisting in an inspection, investigation, or disciplinary procedure; ((or))
(11) Failed to display licenses required in this chapter; or
(12) Has violated any provision of this chapter or any rule adopted
under it. [2002 c 111 § 12; 1991 c 324 § 14; 1984 c 208 § 13.]
Reviser’s note: RCW 18.16.200 was amended twice during the 2002
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.210 Violations—Penalties. (Effective until
June 1, 2003.) If, following a hearing, the director finds
that an applicant or licensee has violated any provision of
this chapter or any rule adopted under it, the director may
impose one or more of the following penalties:
(1) Denial of a license or renewal;
(2) Revocation or suspension of a license;
(3) A fine of not more than five hundred dollars per
violation;
(4) Issuance of a reprimand or letter of censure;
(5) Placement of the licensee on probation for a fixed
period of time;
(6) Restriction of the licensee’s authorized scope of
practice;
(2002 Ed.)
Cosmetologists, Barbers, and Manicurists
(7) Requiring the licensee to make restitution or a
refund as determined by the director to any individual
injured by the violation; or
(8) Requiring the licensee to obtain additional training
or instruction. [1984 c 208 § 14.]
18.16.210 Violations—Penalties. (Effective June 1,
2003.) If, following a hearing, the director finds that any
person or an applicant or licensee has violated any provision
of this chapter or any rule adopted under it, the director may
impose one or more of the following penalties:
(1) Denial of a license or renewal;
(2) Revocation or suspension of a license;
(3) A fine of not more than five hundred dollars per
violation;
(4) Issuance of a reprimand or letter of censure;
(5) Placement of the licensee on probation for a fixed
period of time;
(6) Restriction of the licensee’s authorized scope of
practice;
(7) Requiring the licensee to make restitution or a
refund as determined by the director to any individual
injured by the violation; or
(8) Requiring the licensee to obtain additional training
or instruction. [2002 c 111 § 13; 1984 c 208 § 14.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.220 Appeal—Procedure. Any person aggrieved
by the refusal of the director to issue any license provided
for in this chapter, or to renew the same, or by the revocation or suspension of any license issued under this chapter or
by the application of any penalty under RCW 18.16.210,
shall have the right to appeal the decision of the director to
the superior court of the county in which the person maintains his or her place of business. Such appeal shall be filed
within thirty days of the director’s decision. [1984 c 208 §
15.]
18.16.230 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
5.]
Severability—1996 c 293: See note following RCW 18.04.420.
(2002 Ed.)
18.16.210
18.16.240 License suspension—Noncompliance with
support order—Reissuance. (Effective until June 1,
2003.) The department shall immediately suspend the license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department’s receipt of a release issued by the department of social and health services stating that the licensee is
in compliance with the order. [1997 c 58 § 815.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.16.240 License suspension—Noncompliance with
support order—Reissuance. (Effective June 1, 2003.)
The department shall immediately suspend the license of a
person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order. If the person
has continued to meet all other requirements for reinstatement during the suspension, reissuance of the license shall
be automatic upon the department’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [2002 c
111 § 15; 1997 c 58 § 815.]
Effective date—2002 c 111: See note following RCW 18.16.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.16.250 Finding—Consumer protection act.
(Effective June 1, 2003.) The legislature finds that the
practices covered by this chapter are matters vitally affecting
the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. A violation of this
chapter is not reasonable in relation to the development and
preservation of business and is an unfair or deceptive act in
trade or commerce and an unfair method of competition for
the purpose of applying the consumer protection act, chapter
19.86 RCW. [2002 c 111 § 14.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.260 License renewal—Fee—Examination—
Fee. (Effective June 1, 2003.) (1) Prior to July 1, 2003,
cosmetology licensees may request a license in manicuring
and esthetics. A license renewal fee must be paid prior to
issuance of each type of license requested. After June 30,
2003, any cosmetology licensee wishing to obtain additional
[Title 18 RCW—page 39]
18.16.260
Title 18 RCW: Businesses and Professions
licenses must meet the training and examination requirements of this chapter.
(2) Prior to July 1, 2003, students enrolled in a licensed
school in an approved cosmetology curriculum may apply
for the examination in cosmetology, manicuring, and
esthetics. An examination fee must be paid for each
examination selected. After June 30, 2003, students enrolled
in a licensed school in an approved cosmetology curriculum
may not apply for examination in manicuring and esthetics
without meeting the training requirements of this chapter.
[2002 c 111 § 16.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.270 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 218.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.16.900 Short title—1984 c 208. (Effective until
June 1, 2003.) This act shall be known and may be cited as
the "Washington cosmetologists, barbers, and manicurists
act". [1984 c 208 § 20.]
18.16.900 Short title—1984 c 208. (Effective June
1, 2003.) This act shall be known and may be cited as the
"Washington cosmetologists, barbers, manicurists, and
estheticians act". [2002 c 111 § 17; 1984 c 208 § 20.]
Effective date—2002 c 111: See note following RCW 18.16.010.
18.16.905 Severability—1984 c 208. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 208 § 22.]
18.16.907 Effective date—1984 c 208. This act shall
take effect July 1, 1984. [1984 c 208 § 23.]
18.16.910 Severability—1991 c 324. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 324 § 22.]
18.19.090
18.19.100
18.19.180
18.19.190
18.19.900
18.19.901
Registration of counselors and hypnotherapists.
Registration renewal.
Confidential communications.
Other professions not affected.
Short title.
Severability—1987 c 512.
18.19.010 Legislative findings—Insurance benefits
not mandated. The qualifications and practices of counselors in this state are virtually unknown to potential clients.
Beyond the regulated practices of psychiatry and psychology,
there are a considerable variety of disciplines, theories, and
techniques employed by other counselors under a number of
differing titles. The legislature recognizes the right of all
counselors to practice their skills freely, consistent with the
requirements of the public health and safety, as well as the
right of individuals to choose which counselors best suit
their needs and purposes. This chapter shall not be construed to require or prohibit that individual or group policies
or contracts of an insurance carrier, health care service
contractor, or health maintenance organization provide
benefits or coverage for services and supplies provided by a
person registered under this chapter. [2001 c 251 § 17; 1987
c 512 § 1.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Client" means an individual who receives or
participates in counseling or group counseling.
(2) "Counseling" means employing any therapeutic
techniques, including but not limited to social work, mental
health counseling, marriage and family therapy, and hypnotherapy, for a fee that offer, assist or attempt to assist an
individual or individuals in the amelioration or adjustment of
mental, emotional, or behavioral problems, and includes
therapeutic techniques to achieve sensitivity and awareness
of self and others and the development of human potential.
For the purposes of this chapter, nothing may be construed
to imply that the practice of hypnotherapy is necessarily
limited to counseling.
(3) "Counselor" means an individual, practitioner,
therapist, or analyst who engages in the practice of counseling to the public for a fee, including for the purposes of this
chapter, hypnotherapists.
(4) "Department" means the department of health.
(5) "Secretary" means the secretary of the department or
the secretary’s designee. [2001 c 251 § 18; 1991 c 3 § 19;
1987 c 512 § 3.]
Severability—2001 c 251: See RCW 18.225.900.
Chapter 18.19
COUNSELORS
Sections
18.19.010
18.19.020
18.19.030
18.19.040
18.19.050
18.19.060
18.19.080
Legislative findings—Insurance benefits not mandated.
Definitions.
Registration required.
Exemptions.
Powers of secretary—Application of uniform disciplinary
act—Public education program.
Information disclosure to clients.
Official records.
[Title 18 RCW—page 40]
18.19.030 Registration required. No person may, for
a fee or as a part of his or her position as an employee of a
state agency, practice counseling without being registered to
practice by the department under this chapter unless exempt
under RCW 18.19.040. [2001 c 251 § 19; 1991 c 3 § 20;
1987 c 512 § 2.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.040 Exemptions. Nothing in this chapter may
be construed to prohibit or restrict:
(2002 Ed.)
Counselors
(1) The practice of a profession by a person who is
either registered, certified, licensed, or similarly regulated
under the laws of this state and who is performing services
within the person’s authorized scope of practice, including
any attorney admitted to practice law in this state when
providing counseling incidental to and in the course of
providing legal counsel;
(2) The practice of counseling by an employee or
trainee of any federal agency, or the practice of counseling
by a student of a college or university, if the employee,
trainee, or student is practicing solely under the supervision
of and accountable to the agency, college, or university,
through which he or she performs such functions as part of
his or her position for no additional fee other than ordinary
compensation;
(3) The practice of counseling by a person without a
mandatory charge;
(4) The practice of counseling by persons offering
services for public and private nonprofit organizations or
charities not primarily engaged in counseling for a fee when
approved by the organizations or agencies for whom they
render their services;
(5) Evaluation, consultation, planning, policy-making,
research, or related services conducted by social scientists
for private corporations or public agencies;
(6) The practice of counseling by a person under the
auspices of a religious denomination, church, or organization,
or the practice of religion itself;
(7) Counselors whose residency is not Washington state
from providing up to ten days per quarter of training or
workshops in the state, as long as they don’t hold themselves
out to be registered in Washington state. [2001 c 251 § 20;
1987 c 512 § 4.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.050 Powers of secretary—Application of
uniform disciplinary act—Public education program. (1)
In addition to any other authority provided by law, the
secretary has the following authority:
(a) To adopt rules, in accordance with chapter 34.05
RCW, necessary to implement this chapter;
(b) To set all registration and renewal fees in accordance with RCW 43.70.250 and to collect and deposit all
such fees in the health professions account established under
RCW 43.70.320;
(c) To establish forms and procedures necessary to
administer this chapter;
(d) To hire clerical, administrative, and investigative
staff as needed to implement this chapter;
(e) To issue a registration to any applicant who has met
the requirements for registration; and
(f) To develop a dictionary of recognized professions
and occupations providing counseling services to the public
included under this chapter.
(2) The uniform disciplinary act, chapter 18.130 RCW,
governs the issuance and denial of registrations and the
discipline of registrants under this chapter. The secretary
shall be the disciplining authority under this chapter. The
absence of educational or training requirements for counselors registered under this chapter or the counselor’s use of
nontraditional nonabusive therapeutic techniques shall not, in
(2002 Ed.)
18.19.040
and of itself, give the secretary authority to unilaterally
determine the training and competence or to define or restrict
the scope of practice of such individuals.
(3) The department shall publish and disseminate
information in order to educate the public about the responsibilities of counselors and the rights and responsibilities of
clients established under this chapter. Solely for the purposes of administering this education requirement, the secretary
shall assess an additional fee for each application and
renewal, equal to five percent of the fee. The revenue
collected from the assessment fee may be appropriated by
the legislature for the department’s use in educating consumers pursuant to this section. The authority to charge the
assessment fee shall terminate on June 30, 1994. [2001 c
251 § 21; 1991 c 3 § 21; 1987 c 512 § 5.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.060 Information disclosure to clients. Persons
registered under this chapter shall provide clients at the
commencement of any program of treatment with accurate
disclosure information concerning their practice, in accordance with guidelines developed by the department, that
will inform clients of the purposes of and resources available
under this chapter, including the right of clients to refuse
treatment, the responsibility of clients for choosing the
provider and treatment modality which best suits their needs,
and the extent of confidentiality provided by this chapter.
The disclosure information provided by the counselor, the
receipt of which shall be acknowledged in writing by the
counselor and client, shall include any relevant education and
training, the therapeutic orientation of the practice, the
proposed course of treatment where known, any financial
requirements, and such other information as the department
may require by rule. The disclosure information shall also
include a statement that registration of an individual under
this chapter does not include a recognition of any practice
standards, nor necessarily imply the effectiveness of any
treatment. [2001 c 251 § 22; 1987 c 512 § 6.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.080 Official records. The secretary shall keep
an official record of all proceedings, a part of which record
shall consist of a register of all applicants for registration
under this chapter, with the result of each application. [2001
c 251 § 23; 1991 c 3 § 23; 1987 c 512 § 8.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.090 Registration of counselors and
hypnotherapists. The secretary shall issue a registration to
any applicant who submits, on forms provided by the
secretary, the applicant’s name, address, occupational title,
name and location of business, and other information as
determined by the secretary, including information necessary
to determine whether there are grounds for denial of registration or issuance of a conditional registration under this
chapter or chapter 18.130 RCW. Applicants for registration
shall register as counselors or may register as
hypnotherapists if employing hypnosis as a modality. Applicants shall, in addition, provide in their titles a description of
their therapeutic orientation, discipline, theory, or technique.
Each applicant shall pay a fee determined by the secretary as
[Title 18 RCW—page 41]
18.19.090
Title 18 RCW: Businesses and Professions
provided in RCW 43.70.250, which shall accompany the
application. [1991 c 3 § 24; 1987 c 512 § 9.]
Chapter 18.20
BOARDING HOMES
18.19.100 Registration renewal. The secretary shall
establish administrative procedures, administrative requirements, and fees for renewal of registrations as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 5; 1991 c 3
§ 25; 1987 c 512 § 10.]
Sections
18.20.010
18.20.020
18.20.030
18.20.040
18.20.050
18.19.180 Confidential communications. An
individual registered under this chapter shall not disclose the
written acknowledgment of the disclosure statement pursuant
to RCW 18.19.060 nor any information acquired from
persons consulting the individual in a professional capacity
when that information was necessary to enable the individual
to render professional services to those persons except:
(1) With the written consent of that person or, in the
case of death or disability, the person’s personal representative, other person authorized to sue, or the beneficiary of an
insurance policy on the person’s life, health, or physical
condition;
(2) That a person registered under this chapter is not
required to treat as confidential a communication that reveals
the contemplation or commission of a crime or harmful act;
(3) If the person is a minor, and the information
acquired by the person registered under this chapter indicates
that the minor was the victim or subject of a crime, the
person registered may testify fully upon any examination,
trial, or other proceeding in which the commission of the
crime is the subject of the inquiry;
(4) If the person waives the privilege by bringing
charges against the person registered under this chapter;
(5) In response to a subpoena from a court of law or the
secretary. The secretary may subpoena only records related
to a complaint or report under chapter 18.130 RCW; or
(6) As required under chapter 26.44 RCW. [2001 c 251
§ 24; 1991 c 3 § 33; 1987 c 512 § 11.]
18.20.090
18.20.110
Severability—2001 c 251: See RCW 18.225.900.
18.19.190 Other professions not affected. This
chapter shall not be construed as permitting the administration or prescription of drugs or in any way infringing upon
the practice of medicine and surgery as defined in chapter
18.71 RCW, or in any way infringing upon the practice of
psychology as defined in chapter 18.83 RCW, or restricting
the scope of the practice of counseling for those registered
under this chapter. [2001 c 251 § 25; 1987 c 512 § 18.]
Severability—2001 c 251: See RCW 18.225.900.
18.19.900 Short title. This chapter shall be known as
the omnibus credentialing act for counselors. [1987 c 512
§ 20.]
18.19.901 Severability—1987 c 512. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 512 § 28.]
[Title 18 RCW—page 42]
18.20.115
18.20.120
18.20.125
18.20.130
18.20.140
18.20.150
18.20.160
18.20.170
18.20.180
18.20.185
18.20.190
18.20.195
18.20.200
18.20.210
18.20.220
18.20.230
18.20.250
18.20.260
18.20.270
18.20.900
Purpose.
Definitions.
License required.
Application for license.
Licenses—Issuance—Renewal—Provisional licenses—
Fees—Display—Surrender, relinquishment.
Rules, regulations, and standards.
Inspection of boarding homes—Approval of changes or new
facilities.
Quality improvement consultation program—Principles.
Information disclosure.
Monitoring—Enforcement remedies—Screening—Access to
vulnerable adults/limitation.
Fire protection—Duties of chief of the Washington state
patrol.
Operating without license—Penalty.
Operating without license—Injunction.
Persons requiring medical or nursing care.
Homes operated by religious organizations.
Resident rights.
Complaints—Toll-free telephone number—Investigation and
referral—Rules—Retaliation prohibited.
Department response to noncompliance or violations.
Disputed violations, enforcement remedies—Informal dispute resolution process.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Residential care contracted services, conversion to—
Requirements.
Training standards review—Proposed enhancements.
Federal funding programs, opportunities—Secretary’s duty
to comply.
Advisory board.
Long-term caregiver training.
Severability—1957 c 253.
18.20.010 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of boarding
homes, which, in the light of advancing knowledge, will
promote safe and adequate care of the individuals therein.
It is further the intent of the legislature that boarding homes
be available to meet the needs of those for whom they care
by recognizing the capabilities of individuals to direct their
self-medication or to use supervised self-medication techniques when ordered and approved by a physician licensed
under chapter 18.57 or 18.71 RCW or a podiatric physician
and surgeon licensed under chapter 18.22 RCW.
The legislature finds that many residents of communitybased long-term care facilities are vulnerable and their health
and well-being are dependent on their caregivers. The
quality, skills, and knowledge of their caregivers are often
the key to good care. The legislature finds that the need for
well-trained caregivers is growing as the state’s population
ages and residents’ needs increase. The legislature intends
that current training standards be enhanced. [2000 c 171 §
3; 2000 c 121 § 1; 1985 c 297 § 1; 1957 c 253 § 1.]
Reviser’s note: This section was amended by 2000 c 121 § 1 and by
2000 c 171 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
(2002 Ed.)
Boarding Homes
18.20.020 Definitions. As used in this chapter:
(1) "Aged person" means a person of the age sixty-five
years or more, or a person of less than sixty-five years who
by reason of infirmity requires domiciliary care.
(2) "Boarding home" means any home or other institution, however named, which is advertised, announced, or
maintained for the express or implied purpose of providing
board and domiciliary care to seven or more aged persons
not related by blood or marriage to the operator. However,
a boarding home that is licensed to provide board and
domiciliary care to three to six persons on July 1, 2000, may
maintain its boarding home license as long as it is continually licensed as a boarding home. "Boarding home" shall not
include facilities certified as group training homes pursuant
to RCW 71A.22.040, nor any home, institution or section
thereof which is otherwise licensed and regulated under the
provisions of state law providing specifically for the licensing and regulation of such home, institution or section
thereof. Nor shall it include any independent senior housing,
independent living units in continuing care retirement communities, or other similar living situations including those
subsidized by the department of housing and urban development.
(3) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(4) "Secretary" means the secretary of social and health
services.
(5) "Department" means the state department of social
and health services. [2000 c 47 § 1; 1998 c 272 § 14; 1991
c 3 § 34; 1989 c 329 § 1; 1985 c 213 § 4; 1979 c 141 § 25;
1957 c 253 § 2.]
Effective date—2000 c 47: "This act takes effect July 1, 2000."
[2000 c 47 § 11.]
Findings—Severability—Effective date—1998 c 272: See notes
following RCW 18.20.230.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.030 License required. After January 1, 1958,
no person shall operate or maintain a boarding home as
defined in this chapter within this state without a license
under this chapter. [1957 c 253 § 3.]
18.20.040 Application for license. An application for
a license shall be made to the department upon forms
provided by the department and shall contain such information as the department reasonably requires, which shall include affirmative evidence of ability to comply with such
rules as are lawfully adopted by the department. [2000 c 47
§ 2; 1957 c 253 § 4.]
Effective date—2000 c 47: See note following RCW 18.20.020.
18.20.050 Licenses—Issuance—Renewal—
Provisional licenses—Fees—Display—Surrender, relinquishment. Upon receipt of an application for license, if the
applicant and the boarding home facilities meet the requirements established under this chapter, the department shall
issue a license. If there is a failure to comply with the
provisions of this chapter or the standards and rules adopted
pursuant thereto, the department may in its discretion issue
(2002 Ed.)
18.20.020
to an applicant for a license, or for the renewal of a license,
a provisional license which will permit the operation of the
boarding home for a period to be determined by the department, but not to exceed twelve months, which provisional
license shall not be subject to renewal. At the time of the
application for or renewal of a license or provisional license
the licensee shall pay a license fee as established by the
department under RCW 43.20B.110. All licenses issued
under the provisions of this chapter shall expire on a date to
be set by the department, but no license issued pursuant to
this chapter shall exceed twelve months in duration. However, when the annual license renewal date of a previously
licensed boarding home is set by the department on a date
less than twelve months prior to the expiration date of a
license in effect at the time of reissuance, the license fee
shall be prorated on a monthly basis and a credit be allowed
at the first renewal of a license for any period of one month
or more covered by the previous license. All applications
for renewal of a license shall be made not later than thirty
days prior to the date of expiration of the license. Each
license shall be issued only for the premises and persons
named in the application, and no license shall be transferable
or assignable. Licenses shall be posted in a conspicuous
place on the licensed premises.
A licensee who receives notification of the department’s
initiation of a denial, suspension, nonrenewal, or revocation
of a boarding home license may, in lieu of appealing the
department’s action, surrender or relinquish the license. The
department shall not issue a new license to or contract with
the licensee, for the purposes of providing care to vulnerable
adults or children, for a period of twenty years following the
surrendering or relinquishment of the former license. The
licensing record shall indicate that the licensee relinquished
or surrendered the license, without admitting the violations,
after receiving notice of the department’s initiation of a
denial, suspension, nonrenewal, or revocation of a license.
[2001 c 193 § 10; 2000 c 47 § 3; 1987 c 75 § 3; 1982 c 201
§ 4; 1971 ex.s. c 247 § 1; 1957 c 253 § 5.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.20.090 Rules, regulations, and standards. The
department shall adopt, amend, and promulgate such rules,
regulations, and standards with respect to all boarding homes
and operators thereof to be licensed hereunder as may be
designed to further the accomplishment of the purposes of
this chapter in promoting safe and adequate care of individuals in boarding homes and the sanitary, hygienic and safe
conditions of the boarding home in the interest of public
health, safety, and welfare. [1985 c 213 § 6; 1971 ex.s. c
189 § 3; 1957 c 253 § 9.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.110 Inspection of boarding homes—Approval
of changes or new facilities. The department shall make or
cause to be made at least a yearly inspection and investigation of all boarding homes. Every inspection shall focus primarily on actual or potential resident outcomes, and may
include an inspection of every part of the premises and an
[Title 18 RCW—page 43]
18.20.110
Title 18 RCW: Businesses and Professions
examination of all records (other than financial records),
methods of administration, the general and special dietary,
and the stores and methods of supply. Following such an
inspection or inspections, written notice of any violation of
this law or the rules adopted hereunder shall be given to the
applicant or licensee and the department. The department
may prescribe by rule that any licensee or applicant desiring
to make specified types of alterations or additions to its
facilities or to construct new facilities shall, before commencing such alteration, addition, or new construction,
submit plans and specifications therefor to the agencies
responsible for plan reviews for preliminary inspection and
approval or recommendations with respect to compliance
with the rules and standards herein authorized. [2000 c 47
§ 4; 1985 c 213 § 7; 1957 c 253 § 11.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.20.115 Quality improvement consultation
program—Principles. The department shall, within
available funding for this purpose, develop and make
available to boarding homes a quality improvement consultation program using the following principles:
(1) The system shall be resident-centered and promote
privacy, independence, dignity, choice, and a home or homelike environment for residents consistent with chapter 70.129
RCW.
(2) The goal of the system is continuous quality
improvement with the focus on resident satisfaction and
outcomes for residents. The quality improvement consultation program shall be offered to boarding homes on a
voluntary basis. Based on requests for the services of the
quality improvement consultation program, the department
may establish a process for prioritizing service availability.
(3) Boarding homes should be supported in their efforts
to improve quality and address problems, as identified by the
licensee, initially through training, consultation, and technical
assistance. At a minimum, the department may, within
available funding, at the request of the boarding home, conduct on-site visits and telephone consultations.
(4) To facilitate collaboration and trust between the
boarding homes and the department’s quality improvement
consultation program staff, the consultation program staff
shall not simultaneously serve as department licensors,
complaint investigators, or participate in any enforcementrelated decisions, within the region in which they perform
consultation activities; except such staff may investigate on
an emergency basis, complaints anywhere in the state when
the complaint indicates high risk to resident health or safety.
Any records or information gained as a result of their work
under the quality improvement consultation program shall
not be disclosed to or shared with nonmanagerial department
licensing or complaint investigation staff, unless necessary
to carry out duties described under chapter 74.34 RCW. The
emphasis should be on problem prevention. Nothing in this
section shall limit or interfere with the consultant’s mandated
reporting duties under chapter 74.34 RCW.
(5) The department shall promote the development of a
training system that is practical and relevant to the needs of
residents and staff. To improve access to training, especially
[Title 18 RCW—page 44]
for rural communities, the training system may include, but
is not limited to, the use of satellite technology distance
learning that is coordinated through community colleges or
other appropriate organizations. [2001 c 85 § 1; 1997 c 392
§ 213.]
Effective date—2001 c 85: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 85 § 3.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.20.120 Information disclosure. All information
received by the department through filed reports, inspections,
or as otherwise authorized under this chapter shall not be
disclosed publicly in any manner as to identify individuals
or boarding homes, except at the specific request of a
member of the public and disclosure is consistent with RCW
42.17.260(1). [2000 c 47 § 5; 1994 c 214 § 25; 1957 c 253
§ 12.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
18.20.125 Monitoring—Enforcement remedies—
Screening—Access to vulnerable adults/limitation. (1)
Monitoring should be outcome based and responsive to
resident complaints and a clear set of health, quality of care,
and safety standards that are easily understandable and have
been made available to facilities. This includes that when
conducting licensing inspections, the department shall
interview an appropriate percentage of residents, family
members, and advocates in addition to interviewing appropriate staff.
(2) Prompt and specific enforcement remedies shall also
be implemented without delay, consistent with RCW
18.20.190, for facilities found to have delivered care or
failed to deliver care resulting in problems that are serious,
recurring, or uncorrected, or that create a hazard that is
causing or likely to cause death or serious harm to one or
more residents. These enforcement remedies may also
include, when appropriate, reasonable conditions on a
license. In the selection of remedies, the safety, health, and
well-being of residents shall be of paramount importance.
(3) To the extent funding is available, the licensee,
administrator, and their staff should be screened through
background checks in a uniform and timely manner to ensure
that they do not have a criminal history that would disqualify
them from working with vulnerable adults. Employees may
be provisionally hired pending the results of the background
check if they have been given three positive references.
(4) No licensee, administrator, or staff, or prospective licensee, administrator, or staff, with a stipulated finding of
fact, conclusion of law, and agreed order, or finding of fact,
conclusion of law, or final order issued by a disciplining
authority, a court of law, or entered into the state registry
finding him or her guilty of abuse, neglect, exploitation, or
abandonment of a minor or a vulnerable adult as defined in
chapter 74.34 RCW shall be employed in the care of and
have unsupervised access to vulnerable adults. [2001 c 85
§ 2.]
(2002 Ed.)
Boarding Homes
Effective date—2001 c 85: See note following RCW 18.20.115.
18.20.130 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all boarding homes
to be licensed hereunder, shall be the responsibility of the
chief of the Washington state patrol, through the director of
fire protection, who shall adopt such recognized standards as
may be applicable to boarding homes for the protection of
life against the cause and spread of fire and fire hazards.
The department, upon receipt of an application for a license,
shall submit to the chief of the Washington state patrol,
through the director of fire protection, in writing, a request
for an inspection, giving the applicant’s name and the
location of the premises to be licensed. Upon receipt of
such a request, the chief of the Washington state patrol,
through the director of fire protection, or his or her deputy,
shall make an inspection of the boarding home to be
licensed, and if it is found that the premises do not comply
with the required safety standards and fire rules as adopted
by the chief of the Washington state patrol, through the
director of fire protection, he or she shall promptly make a
written report to the boarding home and the department as to
the manner and time allowed in which the premises must
qualify for a license and set forth the conditions to be
remedied with respect to fire rules. The department,
applicant, or licensee shall notify the chief of the Washington state patrol, through the director of fire protection, upon
completion of any requirements made by him or her, and the
chief of the Washington state patrol, through the director of
fire protection, or his or her deputy, shall make a reinspection of such premises. Whenever the boarding home to
be licensed meets with the approval of the chief of the
Washington state patrol, through the director of fire protection, he or she shall submit to the department a written
report approving same with respect to fire protection before
a full license can be issued. The chief of the Washington
state patrol, through the director of fire protection, shall
make or cause to be made inspections of such homes at least
annually.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire
protection, to be equal to the minimum standards of the code
for boarding homes adopted by the chief of the Washington
state patrol, through the director of fire protection, the chief
of the fire department, provided the latter is a paid chief of
a paid fire department, shall make the inspection with the
chief of the Washington state patrol, through the director of
fire protection, or his or her deputy, and they shall jointly
approve the premises before a full license can be issued.
[2000 c 47 § 6; 1995 c 369 § 4; 1986 c 266 § 81; 1957 c
253 § 13.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.20.140 Operating without license—Penalty. Any
person operating or maintaining any boarding home without
a license under this chapter shall be guilty of a misdemeanor
(2002 Ed.)
18.20.125
and each day of a continuing violation shall be considered a
separate offense. [1957 c 253 § 14.]
18.20.150 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department, may, in the manner provided by law, upon
the advice of the attorney general who shall represent the
department in the proceedings, maintain an action in the
name of the state for an injunction or other process against
any person to restrain or prevent the operation or maintenance of a boarding home without a license under this
chapter. [1957 c 253 § 15.]
18.20.160 Persons requiring medical or nursing
care. No person operating a boarding home licensed under
this chapter shall admit to or retain in the boarding home
any aged person requiring nursing or medical care of a type
provided by institutions licensed under chapters 18.51, 70.41
or 71.12 RCW, except that when registered nurses are
available, and upon a doctor’s order that a supervised
medication service is needed, it may be provided. Supervised medication services, as defined by the department, may
include an approved program of self-medication or selfdirected medication. Such medication service shall be
provided only to boarders who otherwise meet all requirements for residency in a boarding home. [1985 c 297 § 2;
1975 1st ex.s. c 43 § 1; 1957 c 253 § 16.]
18.20.170 Homes operated by religious organizations. Nothing in this chapter or the rules and regulations
adopted pursuant thereto shall be construed as authorizing
the supervision, regulation, or control of the remedial care or
treatment of residents in any boarding home conducted for
those who rely upon treatment by prayer or spiritual means
in accordance with the creed or tenets of any well-recognized church or religious denomination. [1957 c 253 § 17.]
18.20.180 Resident rights. RCW 70.129.005 through
70.129.030, 70.129.040(1), and 70.129.050 through
70.129.170 apply to this chapter and persons regulated under
this chapter. [1994 c 214 § 21.]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
18.20.185 Complaints—Toll-free telephone number—Investigation and referral—Rules—Retaliation
prohibited. (1) The department shall establish and maintain
a toll-free telephone number for receiving complaints
regarding a facility that the department licenses.
(2) All facilities that are licensed under this chapter
shall post in a place and manner clearly visible to residents
and visitors the department’s toll-free complaint telephone
number and the toll-free number and program description of
the long-term care ombudsman as provided by RCW
43.190.050.
(3) The department shall investigate complaints if the
subject of the complaint is within its authority unless the
department determines that: (a) The complaint is intended
to willfully harass a licensee or employee of the licensee; or
(b) there is no reasonable basis for investigation; or (c)
[Title 18 RCW—page 45]
18.20.185
Title 18 RCW: Businesses and Professions
corrective action has been taken as determined by the
ombudsman or the department.
(4) The department shall refer complaints to appropriate
state agencies, law enforcement agencies, the attorney
general, the long-term care ombudsman, or other entities if
the department lacks authority to investigate or if its investigation reveals that a follow-up referral to one or more of
these entities is appropriate.
(5) The department shall adopt rules that include the
following complaint investigation protocols:
(a) Upon receipt of a complaint, the department shall
make a preliminary review of the complaint, assess the
severity of the complaint, and assign an appropriate response
time. Complaints involving imminent danger to the health,
safety, or well-being of a resident must be responded to
within two days. When appropriate, the department shall
make an on-site investigation within a reasonable time after
receipt of the complaint or otherwise ensure that complaints
are responded to.
(b) The complainant must be: Promptly contacted by
the department, unless anonymous or unavailable despite
several attempts by the department, and informed of the right
to discuss alleged violations with the inspector and to
provide other information the complainant believes will
assist the inspector; informed of the department’s course of
action; and informed of the right to receive a written copy of
the investigation report.
(c) In conducting the investigation, the department shall
interview the complainant, unless anonymous, and shall use
its best efforts to interview the resident or residents allegedly
harmed by the violations, and, in addition to facility staff,
any available independent sources of relevant information,
including if appropriate the family members of the resident.
(d) Substantiated complaints involving harm to a
resident, if an applicable law or regulation has been violated,
shall be subject to one or more of the actions provided in
RCW 18.20.190. Whenever appropriate, the department
shall also give consultation and technical assistance to the
facility.
(e) After a department finding of a violation for which
a stop placement has been imposed, the department shall
make an on-site revisit of the provider within fifteen working
days from the request for revisit, to ensure correction of the
violation. For violations that are serious or recurring or
uncorrected following a previous citation, and create actual
or threatened harm to one or more residents’ well-being,
including violations of residents’ rights, the department shall
make an on-site revisit as soon as appropriate to ensure
correction of the violation. Verification of correction of all
other violations may be made by either a department on-site
revisit or by written or photographic documentation found by
the department to be credible. This subsection does not
prevent the department from enforcing license suspensions
or revocations. Nothing in this subsection shall interfere
with or diminish the department’s authority and duty to
ensure that the provider adequately cares for residents,
including to make departmental on-site revisits as needed to
ensure that the provider protects residents, and to enforce
compliance with this chapter.
(f) Substantiated complaints of neglect, abuse, exploitation, or abandonment of residents, or suspected criminal
violations, shall also be referred by the department to the
[Title 18 RCW—page 46]
appropriate law enforcement agencies, the attorney general,
and appropriate professional disciplining authority.
(6) The department may provide the substance of the
complaint to the licensee before the completion of the
investigation by the department unless such disclosure would
reveal the identity of a complainant, witness, or resident who
chooses to remain anonymous. Neither the substance of the
complaint provided to the licensee or contractor nor any
copy of the complaint or related report published, released,
or made otherwise available shall disclose, or reasonably
lead to the disclosure of, the name, title, or identity of any
complainant, or other person mentioned in the complaint,
except that the name of the provider and the name or names
of any officer, employee, or agent of the department conducting the investigation shall be disclosed after the investigation has been closed and the complaint has been substantiated. The department may disclose the identity of the
complainant if such disclosure is requested in writing by the
complainant. Nothing in this subsection shall be construed
to interfere with the obligation of the long-term care ombudsman program to monitor the department’s licensing,
contract, and complaint investigation files for long-term care
facilities.
(7) The resident has the right to be free of interference,
coercion, discrimination, and reprisal from a facility in
exercising his or her rights, including the right to voice
grievances about treatment furnished or not furnished. A
facility licensed under this chapter shall not discriminate or
retaliate in any manner against a resident, employee, or any
other person on the basis or for the reason that such resident
or any other person made a complaint to the department, the
attorney general, law enforcement agencies, or the long-term
care ombudsman, provided information, or otherwise
cooperated with the investigation of such a complaint. Any
attempt to discharge a resident against the resident’s wishes,
or any type of retaliatory treatment of a resident by whom or
upon whose behalf a complaint substantiated by the department has been made to the department, the attorney general,
law enforcement agencies, or the long-term care ombudsman,
within one year of the filing of the complaint, raises a
rebuttable presumption that such action was in retaliation for
the filing of the complaint. "Retaliatory treatment" means,
but is not limited to, monitoring a resident’s phone, mail, or
visits; involuntary seclusion or isolation; transferring a
resident to a different room unless requested or based upon
legitimate management reasons; withholding or threatening
to withhold food or treatment unless authorized by a terminally ill resident or his or her representative pursuant to law;
or persistently delaying responses to a resident’s request for
service or assistance. A facility licensed under this chapter
shall not willfully interfere with the performance of official
duties by a long-term care ombudsman. The department
shall sanction and may impose a civil penalty of not more
than three thousand dollars for a violation of this subsection.
[2001 c 193 § 2; 1997 c 392 § 214.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.20.190 Department response to noncompliance
or violations. (1) The department of social and health
services is authorized to take one or more of the actions
(2002 Ed.)
Boarding Homes
listed in subsection (2) of this section in any case in which
the department finds that a boarding home provider has:
(a) Failed or refused to comply with the requirements of
this chapter or the rules adopted under this chapter;
(b) Operated a boarding home without a license or
under a revoked license;
(c) Knowingly, or with reason to know, made a false
statement of material fact on his or her application for
license or any data attached thereto, or in any matter under
investigation by the department; or
(d) Willfully prevented or interfered with any inspection
or investigation by the department.
(2) When authorized by subsection (1) of this section,
the department may take one or more of the following
actions:
(a) Refuse to issue a license;
(b) Impose reasonable conditions on a license, such as
correction within a specified time, training, and limits on the
type of clients the provider may admit or serve;
(c) Impose civil penalties of not more than one hundred
dollars per day per violation;
(d) Suspend, revoke, or refuse to renew a license; or
(e) Suspend admissions to the boarding home by
imposing stop placement.
(3) When the department orders stop placement, the
facility shall not admit any new resident until the stop
placement order is terminated. The department may approve
readmission of a resident to the facility from a hospital or
nursing home during the stop placement. The department
shall terminate the stop placement when: (a) The violations
necessitating the stop placement have been corrected; and (b)
the provider exhibits the capacity to maintain correction of
the violations previously found deficient. However, if upon
the revisit the department finds new violations that the
department reasonably believes will result in a new stop
placement, the previous stop placement shall remain in effect
until the new stop placement is imposed.
(4) After a department finding of a violation for which
a stop placement has been imposed, the department shall
make an on-site revisit of the provider within fifteen working
days from the request for revisit, to ensure correction of the
violation. For violations that are serious or recurring or
uncorrected following a previous citation, and create actual
or threatened harm to one or more residents’ well-being,
including violations of residents’ rights, the department shall
make an on-site revisit as soon as appropriate to ensure
correction of the violation. Verification of correction of all
other violations may be made by either a department on-site
revisit or by written or photographic documentation found by
the department to be credible. This subsection does not
prevent the department from enforcing license suspensions
or revocations. Nothing in this subsection shall interfere
with or diminish the department’s authority and duty to
ensure that the provider adequately cares for residents,
including to make departmental on-site revisits as needed to
ensure that the provider protects residents, and to enforce
compliance with this chapter.
(5) RCW 43.20A.205 governs notice of a license denial,
revocation, suspension, or modification. Chapter 34.05
RCW applies to department actions under this section, except
that orders of the department imposing license suspension,
stop placement, or conditions for continuation of a license
(2002 Ed.)
18.20.190
are effective immediately upon notice and shall continue
pending any hearing. [2001 c 193 § 4; 2000 c 47 § 7; 1998
c 272 § 15; 1995 1st sp.s. c 18 § 18.]
Effective date—2000 c 47: See note following RCW 18.20.020.
Findings—Severability—Effective date—1998 c 272: See notes
following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.20.195 Disputed violations, enforcement remedies—Informal dispute resolution process. (1) The
licensee or its designee has the right to an informal dispute
resolution process to dispute any violation found or enforcement remedy imposed by the department during a licensing
inspection or complaint investigation. The purpose of the
informal dispute resolution process is to provide an opportunity for an exchange of information that may lead to the
modification, deletion, or removal of a violation, or parts of
a violation, or enforcement remedy imposed by the department.
(2) The informal dispute resolution process provided by
the department shall include, but is not necessarily limited
to, an opportunity for review by a department employee who
did not participate in, or oversee, the determination of the
violation or enforcement remedy under dispute. The
department shall develop, or further develop, an informal
dispute resolution process consistent with this section.
(3) A request for an informal dispute resolution shall be
made to the department within ten working days from the
receipt of a written finding of a violation or enforcement
remedy. The request shall identify the violation or violations
and enforcement remedy or remedies being disputed. The
department shall convene a meeting, when possible, within
ten working days of receipt of the request for informal
dispute resolution, unless by mutual agreement a later date
is agreed upon.
(4) If the department determines that a violation or
enforcement remedy should not be cited or imposed, the
department shall delete the violation or immediately rescind
or modify the enforcement remedy. Upon request, the
department shall issue a clean copy of the revised report,
statement of deficiencies, or notice of enforcement action.
(5) The request for informal dispute resolution does not
delay the effective date of any enforcement remedy imposed
by the department, except that civil monetary fines are not
payable until the exhaustion of any formal hearing and
appeal rights provided under this chapter. The licensee shall
submit to the department, within the time period prescribed
by the department, a plan of correction to address any
undisputed violations, and including any violations that still
remain following the informal dispute resolution. [2001 c
193 § 7.]
18.20.200 License suspension—Nonpayment or
default on educational loan or scholarship. The secretary
shall suspend the license of any person who has been certified by a lending agency and reported to the secretary for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
[Title 18 RCW—page 47]
18.20.200
Title 18 RCW: Businesses and Professions
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the secretary
a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements
for licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the secretary may impose. [1996 c 293 §
6.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.20.210 License suspension—Noncompliance with
support order—Reissuance. The department shall immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
shall be automatic upon the department’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 816.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.20.220 Residential care contracted services,
conversion to—Requirements. For the purpose of encouraging a nursing home licensed under chapter 18.51 RCW to
convert a portion or all of its licensed bed capacity to
provide enhanced adult residential care contracted services
under chapter 74.39A RCW, the department shall:
(1) Find the nursing home to be in satisfactory compliance with RCW 18.20.110 and 18.20.130, upon application
for boarding home licensure and the production of copies of
its most recent nursing home inspection reports demonstrating compliance with the safety standards and fire regulations,
as required by RCW 18.51.140, and the state building code,
as required by RCW 18.51.145, including any waivers that
may have been granted. However, boarding home licensure
requirements pertaining to resident to bathing fixture/toilet
ratio, corridor call system, resident room door closures, and
resident room windows may require modification, unless
determined to be functionally equivalent, based upon a
prelicensure survey inspection.
(2) Allow residents receiving enhanced adult residential
care services to make arrangements for on-site health care
services, consistent with Title 18 RCW regulating health care
professions, to the extent that such services can be provided
while maintaining the resident’s right to privacy and safety
[Title 18 RCW—page 48]
in treatment, but this in no way means that such services
may only be provided in a private room. The provision of
on-site health care services must otherwise be consistent with
RCW 18.20.160 and the rules adopted under RCW
18.20.160. [1997 c 164 § 1.]
18.20.230 Training standards review—Proposed
enhancements. (1) The department of social and health
services shall review, in coordination with the department of
health, the nursing care quality assurance commission, adult
family home providers, boarding home providers, in-home
personal care providers, and long-term care consumers and
advocates, training standards for administrators and resident
caregiving staff. Any proposed enhancements shall be
consistent with this section, shall take into account and not
duplicate other training requirements applicable to boarding
homes and staff, and shall be developed with the input of
boarding home and resident representatives, health care
professionals, and other vested interest groups. Training
standards and the delivery system shall be relevant to the
needs of residents served by the boarding home and recipients of long-term in-home personal care services and shall be
sufficient to ensure that administrators and caregiving staff
have the skills and knowledge necessary to provide high
quality, appropriate care.
(2) The recommendations on training standards and the
delivery system developed under subsection (1) of this
section shall be based on a review and consideration of the
following: Quality of care; availability of training;
affordability, including the training costs incurred by the
department of social and health services and private providers; portability of existing training requirements; competency
testing; practical and clinical course work; methods of
delivery of training; standards for management and
caregiving staff training; and necessary enhancements for
special needs populations and resident rights training.
Residents with special needs include, but are not limited to,
residents with a diagnosis of mental illness, dementia, or
developmental disability. [1999 c 372 § 3; 1998 c 272 § 2.]
Findings—1998 c 272: "The legislature finds that many residents of
long-term care facilities and recipients of in-home personal care services are
exceptionally vulnerable and their health and well-being are heavily
dependent on their caregivers. The legislature further finds that the quality
of staff in long-term care facilities is often the key to good care. The need
for well-trained staff and well-managed facilities is growing as the state’s
population ages and the acuity of the health care problems of residents
increases. In order to better protect and care for residents, the legislature
directs that the minimum training standards be reviewed for management
and caregiving staff, including those serving residents with special needs,
such as mental illness, dementia, or a developmental disability, that
management and caregiving staff receive appropriate training, and that the
training delivery system be improved." [1998 c 272 § 1.]
Severability—1998 c 272: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 272 § 25.]
Effective date—1998 c 272: "Except for section 5 of this act, this act
is necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and takes effect immediately [April 1, 1998]." [1998 c 272 § 26.]
18.20.250 Federal funding programs, opportunities—Secretary’s duty to comply. The secretary may adopt
rules and policies as necessary to entitle the state to par(2002 Ed.)
Boarding Homes
ticipate in federal funding programs and opportunities and to
facilitate state and federal cooperation in programs under the
department’s jurisdiction. The secretary shall ensure that
any internal reorganization carried out under the terms of
this chapter complies with prerequisites for the receipt of
federal funding for the various programs under the
department’s control. When interpreting any departmentrelated section or provision of law susceptible to more than
one interpretation, the secretary shall construe that section or
provision in the manner most likely to comply with federal
laws and rules entitling the state to receive federal funds for
the various programs of the department. If any law or rule
dealing with the department is ruled to be in conflict with
federal prerequisites to the allocation of federal funding to
the state, the department, or its agencies, the secretary shall
declare that law or rule inoperative solely to the extent of the
conflict. [1998 c 272 § 16.]
Findings—Severability—Effective date—1998 c 272: See notes
following RCW 18.20.230.
18.20.260 Advisory board. (1) In an effort to ensure
a cooperative process among the department, boarding home
provider representatives, and resident and family representatives on matters pertaining to the boarding home program,
the secretary, or his or her designee, shall designate an advisory board. The advisory board must include representatives
of the statewide boarding home associations, the state longterm care ombudsman program, the statewide resident
council program, consumers, and family representatives.
Depending on the topic to be discussed, the department may
invite other representatives in addition to the named members of the advisory board. The secretary, or his or her
designee, shall periodically, but not less than quarterly, convene a meeting of the advisory board to encourage open
dialogue on matters affecting the boarding home program.
It is, minimally, expected that the department will discuss
with the advisory board the department’s inspection, enforcement, and quality improvement activities, in addition to
seeking their comments and recommendations on matters
described under subsection (2) of this section.
(2) The secretary, or his or her designee, shall seek
comments and recommendations from the advisory board
prior to the adoption of rules and standards, implementation
of boarding home provider programs, or development of
methods and rates of payment.
(3) For the purpose of implementing this section,
"department" means either the department of health or the
department of social and health services, depending on which
department has the licensing authority under this chapter.
[2000 c 47 § 8.]
Effective date—2000 c 47: See note following RCW 18.20.020.
18.20.270 Long-term caregiver training. (1) The
definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Caregiver" includes any person who provides
residents with hands-on personal care on behalf of a boarding home, except volunteers who are directly supervised.
(b) "Direct supervision" means oversight by a person
who has demonstrated competency in the core areas or has
been fully exempted from the training requirements pursuant
(2002 Ed.)
18.20.250
to this section, is on the premises, and is quickly and easily
available to the caregiver.
(2) Training must have the following components:
Orientation, basic training, specialty training as appropriate,
and continuing education. All boarding home employees or
volunteers who routinely interact with residents shall complete orientation. Boarding home administrators, or their
designees, and caregivers shall complete orientation, basic
training, specialty training as appropriate, and continuing
education.
(3) Orientation consists of introductory information on
residents’ rights, communication skills, fire and life safety,
and universal precautions. Orientation must be provided at
the facility by appropriate boarding home staff to all boarding home employees before the employees have routine
interaction with residents.
(4) Basic training consists of modules on the core
knowledge and skills that caregivers need to learn and
understand to effectively and safely provide care to residents.
Basic training must be outcome-based, and the effectiveness
of the basic training must be measured by demonstrated
competency in the core areas through the use of a competency test. Basic training must be completed by caregivers
within one hundred twenty days of the date on which they
begin to provide hands-on care or within one hundred twenty
days of September 1, 2002, whichever is later. Until
competency in the core areas has been demonstrated,
caregivers shall not provide hands-on personal care to
residents without direct supervision. Boarding home
administrators, or their designees, must complete basic
training and demonstrate competency within one hundred
twenty days of employment or within one hundred twenty
days of September 1, 2002, whichever is later.
(5) For boarding homes that serve residents with special
needs such as dementia, developmental disabilities, or mental
illness, specialty training is required of administrators, or
designees, and caregivers. Specialty training consists of
modules on the core knowledge and skills that caregivers
need to effectively and safely provide care to residents with
special needs. Specialty training should be integrated into
basic training wherever appropriate. Specialty training must
be outcome-based, and the effectiveness of the specialty
training measured by demonstrated competency in the core
specialty areas through the use of a competency test.
Specialty training must be completed by caregivers within
one hundred twenty days of the date on which they begin to
provide hands-on care to a resident having special needs or
within one hundred twenty days of September 1, 2002,
whichever is later. However, if specialty training is not
integrated with basic training, the specialty training must be
completed within ninety days of completion of basic training.
Until competency in the core specialty areas has been demonstrated, caregivers shall not provide hands-on personal
care to residents with special needs without direct supervision. Boarding home administrators, or their designees, must
complete specialty training and demonstrate competency
within one hundred twenty days of September 1, 2002, or
one hundred twenty days from the date on which the
administrator or his or her designee is hired, whichever is
later, if the boarding home serves one or more residents with
special needs.
[Title 18 RCW—page 49]
18.20.270
Title 18 RCW: Businesses and Professions
(6) Continuing education consists of ongoing delivery of
information to caregivers on various topics relevant to the
care setting and care needs of residents. Competency testing
is not required for continuing education. Continuing
education is not required in the same calendar year in which
basic or modified basic training is successfully completed.
Continuing education is required in each calendar year
thereafter. If specialty training is completed, the specialty
training applies toward any continuing education requirement
for up to two years following the completion of the specialty
training.
(7) Persons who successfully challenge the competency
test for basic training are fully exempt from the basic
training requirements of this section. Persons who successfully challenge the specialty training competency test are
fully exempt from the specialty training requirements of this
section.
(8) Licensed persons who perform the tasks for which
they are licensed are fully or partially exempt from the
training requirements of this section, as specified by the
department in rule.
(9) In an effort to improve access to training and
education and reduce costs, especially for rural communities,
the coordinated system of long-term care training and
education must include the use of innovative types of
learning strategies such as internet resources, videotapes, and
distance learning using satellite technology coordinated
through community colleges or other entities, as defined by
the department.
(10) The department shall develop criteria for the
approval of orientation, basic training, and specialty training
programs.
(11) Boarding homes that desire to deliver facility-based
training with facility designated trainers, or boarding homes
that desire to pool their resources to create shared training
systems, must be encouraged by the department in their
efforts. The department shall develop criteria for reviewing
and approving trainers and training materials that are
substantially similar to or better than the materials developed
by the department. The department may approve a curriculum based upon attestation by a boarding home administrator
that the boarding home’s training curriculum addresses basic
and specialty training competencies identified by the department, and shall review a curriculum to verify that it meets
these requirements. The department may conduct the review
as part of the next regularly scheduled yearly inspection and
investigation required under RCW 18.20.110. The department shall rescind approval of any curriculum if it determines that the curriculum does not meet these requirements.
(12) The department shall adopt rules by September 1,
2002, for the implementation of this section.
(13) The orientation, basic training, specialty training,
and continuing education requirements of this section
commence September 1, 2002, or one hundred twenty days
from the date of employment, whichever is later, and shall
be applied to (a) employees hired subsequent to September
1, 2002; and (b) existing employees that on September 1,
2002, have not successfully completed the training requirements under RCW 74.39A.010 or 74.39A.020 and this
section. Existing employees who have not successfully completed the training requirements under RCW 74.39A.010 or
74.39A.020 shall be subject to all applicable requirements of
[Title 18 RCW—page 50]
this section. However, prior to September 1, 2002, nothing
in this section affects the current training requirements under
RCW 74.39A.010. [2002 c 233 § 1; 2000 c 121 § 2.]
Effective date—2002 c 233: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 28, 2002]." [2002 c 233 § 5.]
18.20.900 Severability—1957 c 253. If any part, or
parts, of this chapter shall be held unconstitutional, the
remaining provisions shall be given full force and effect, as
completely as if the part held unconstitutional had not been
included herein, if any such remaining part can then be
administered for the purpose of establishing and maintaining
standards for boarding homes. [1957 c 253 § 20.]
Chapter 18.22
PODIATRIC MEDICINE AND SURGERY
(Formerly: Podiatry)
Sections
18.22.003
18.22.005
18.22.010
18.22.013
18.22.014
Regulation of health care professions—Criteria.
Legislative finding—Purpose.
Definitions.
Podiatric medical board—Membership.
Board—Officers—Members’ compensation and travel expenses.
18.22.015 Board—Duties—Rules.
18.22.018 Application of uniform disciplinary act.
18.22.021 License required.
18.22.025 License required to practice podiatric medicine and surgery.
18.22.035 Practice of podiatric medicine and surgery—Quality—
Definition—Prescriptions—Limitations.
18.22.040 Applicants—Fee—Eligibility.
18.22.045 Postgraduate training license.
18.22.060 Examination—Date, location, and application—
Reexamination.
18.22.082 License—Reciprocity.
18.22.083 License—Examination to determine professional qualifications.
18.22.110 License—Display.
18.22.120 License renewal.
18.22.125 License—Inactive status.
18.22.191 Rules and regulations.
18.22.210 Unlawful practice—Evidence of.
18.22.220 Violations—Penalty.
18.22.230 Exemptions.
18.22.900 Severability—1917 c 38.
18.22.910 Severability—1955 c 149.
18.22.911 Severability—1982 c 21.
18.22.950 Short title.
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Health care assistants: Chapter 18.135 RCW.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.22.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.22.005 Legislative finding—Purpose. The
legislature finds that the conduct of podiatric physicians and
surgeons licensed to practice in this state plays a vital role
in preserving the public health and well-being. The purpose
of this chapter is to establish an effective public agency to
(2002 Ed.)
Podiatric Medicine and Surgery
regulate the practice of podiatric medicine and surgery for
the protection and promotion of the public health, safety, and
welfare and to act as a disciplinary body for the licensed
podiatric physicians and surgeons of this state and to ensure
that only individuals who meet and maintain minimum
standards of competence and conduct may obtain a license
to provide podiatric services to the public. [1990 c 147 § 1;
1982 c 21 § 1.]
18.22.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Podiatric physician and surgeon" means an individual licensed under this chapter.
(2) "Board" means the Washington state podiatric
medical board.
(3) "Department" means the department of health.
(4) "Secretary" means the secretary of health or the
secretary’s designee.
(5) "Approved school of podiatric medicine and surgery"
means a school approved by the board, which may consider
official recognition of the Council of Education of the
American Podiatric Medical Association in determining the
approval of schools of podiatric medicine and surgery.
[1990 c 147 § 2; 1982 c 21 § 2; 1973 c 77 § 1; 1955 c 149
§ 1; 1941 c 31 § 1; 1921 c 120 § 1; 1917 c 38 § 1; Rem.
Supp. 1941 § 10074.]
18.22.013 Podiatric medical board—Membership.
There is created the Washington state podiatric medical
board consisting of five members to be appointed by the
governor. All members shall be residents of the state. One
member shall be a consumer whose occupation does not
include the administration of health activities or the providing of health services and who has no material financial interest in providing health care services. Four members shall
be podiatric physicians and surgeons who at the time of
appointment have been licensed under the laws of this state
for at least five consecutive years immediately preceding
appointment and shall at all times during their terms remain
licensed podiatric physicians and surgeons.
Board members shall serve five-year terms. No person
may serve more than two consecutive terms on the board.
Each member shall take the usual oath of a state officer,
which shall be filed with the secretary of state, and each
member shall hold office for the term of appointment and
until a successor is appointed and sworn.
Each member is subject to removal at the pleasure of
the governor. If a vacancy on the board occurs from any
cause, the governor shall appoint a successor for the unexpired term. [1990 c 147 § 3; 1982 c 21 § 8.]
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.22.014 Board—Officers—Members’ compensation and travel expenses. The board shall meet at the
places and times it determines and as often as necessary to
discharge its duties. The board shall elect a chairperson,
vice-chairperson, and secretary from among its members.
Members shall be compensated in accordance with RCW
43.03.240 in addition to travel expenses provided by RCW
(2002 Ed.)
18.22.005
43.03.050 and 43.03.060. A simple majority of the board
members currently serving constitutes a quorum of the
board. [1990 c 147 § 4; 1984 c 287 § 26; 1982 c 21 § 9.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.22.015 Board—Duties—Rules. The board shall:
(1) Administer all laws placed under its jurisdiction;
(2) Prepare, grade, and administer or determine the
nature, grading, and administration of examinations for
applicants for podiatric physician and surgeon licenses;
(3) Examine and investigate all applicants for podiatric
physician and surgeon licenses and certify to the secretary all
applicants it judges to be properly qualified;
(4) Adopt any rules which it considers necessary or
proper to carry out the purposes of this chapter;
(5) Determine which schools of podiatric medicine and
surgery will be approved. [1990 c 147 § 5; 1986 c 259 §
18; 1982 c 21 § 10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Director of licensing or director’s designee ex officio member of health
professional licensure and disciplinary boards: RCW 43.70.300.
18.22.018 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 10; 1986 c 259 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.22.021 License required. It is a violation of RCW
18.130.190 for any person to practice podiatry in this state
unless the person first has obtained a license therefor. [1987
c 150 § 11.]
Severability—1987 c 150: See RCW 18.122.901.
18.22.025 License required to practice podiatric
medicine and surgery. No person may practice or represent
himself or herself as a podiatric physician and surgeon
without first applying for and receiving a license under this
chapter to practice podiatric medicine and surgery. [1990 c
147 § 7.]
18.22.035 Practice of podiatric medicine and
s u r g e r y — Q uality—Definition—Prescriptions—
Limitations. (1) A podiatric physician and surgeon is
responsible for the quality of podiatric care.
(2) The practice of podiatric medicine and surgery is the
diagnosis and the medical, surgical, mechanical, manipulative, and electrical treatments of ailments of the human foot.
(3) Podiatric physicians and surgeons may issue prescriptions valid at any pharmacy for any drug, including
narcotics, necessary in the practice of podiatry.
(4) Podiatrists shall not:
(a) Amputate the foot;
(b) Administer spinal anesthetic or any anesthetic that
renders the patient unconscious; or
(c) Treat systemic conditions. [1990 c 147 § 6.]
[Title 18 RCW—page 51]
18.22.040
Title 18 RCW: Businesses and Professions
18.22.040 Applicants—Fee—Eligibility. Before any
person may take an examination for the issuance of a
podiatric physician and surgeon license, the applicant shall
submit a completed application and a fee determined by the
secretary as provided in RCW 43.70.250. The applicant
shall also furnish the secretary and the board with satisfactory proof that:
(1) The applicant has not engaged in unprofessional
conduct as defined in chapter 18.130 RCW and is not unable
to practice with reasonable skill and safety as a result of a
physical or mental impairment;
(2) The applicant has satisfactorily completed a course
in an approved school of podiatric medicine and surgery;
(3) The applicant has completed one year of postgraduate podiatric medical training in a program approved by the
board, provided that applicants graduating before July 1,
1993, shall be exempt from the postgraduate training requirement. [2000 c 171 § 4; 1993 c 29 § 2; 1990 c 147 § 8;
1982 c 21 § 5; 1979 c 158 § 18; 1973 c 77 § 4; 1971 ex.s.
c 292 § 19; 1955 c 149 § 2; 1935 c 48 § 3; 1921 c 120 § 3;
1917 c 38 § 6; RRS § 10079.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
18.22.045 Postgraduate training license. The board
may grant approval to issue a license without examination to
a podiatric physician and surgeon in a board-approved
postgraduate training program in this state if the applicant
files an application and meets all the requirements for
licensure set forth in RCW 18.22.040 except for completion
of one year of postgraduate training. The secretary shall
issue a postgraduate podiatric medicine and surgery license
that permits the physician to practice podiatric medicine and
surgery only in connection with his or her duties in the
postgraduate training program. The postgraduate training
license does not authorize the podiatric physician to engage
in any other form of practice. Each podiatric physician and
surgeon in postgraduate training shall practice podiatric
medicine and surgery under the supervision of a physician
licensed in this state under this chapter, or chapter 18.71 or
18.57 RCW, but such supervision shall not be construed to
necessarily require the personal presence of the supervising
physician at the place where services are rendered.
All persons licensed under this section shall be subject
to the jurisdiction of the podiatric medical board as set forth
in this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section
shall pay an application and renewal fee determined by the
secretary as provided in RCW 43.70.250. Postgraduate
training licenses may be renewed annually. Any person who
obtains a license pursuant to this section may apply for
licensure under this chapter but shall submit a new application form and comply with all other licensing requirements
of this chapter. [1993 c 29 § 1.]
18.22.060 Examination—Date, location, and application—Reexamination. (1) The date and location of the
examination shall be established by the board. Applicants
who have met the requirements for examination under RCW
18.22.040 will be scheduled for the next examination after
the filing of the complete application. The board shall
establish by rule the examination application deadline.
[Title 18 RCW—page 52]
(2) An applicant who fails to pass an examination
satisfactorily is entitled to reexamination upon the payment
of a fee for each reexamination determined by the secretary
as provided in RCW 43.70.250. [1990 c 147 § 9; 1985 c 7
§ 11; 1982 c 21 § 7; 1975 1st ex.s. c 30 § 16; 1973 c 77 §
6; 1965 c 97 § 1; 1957 c 52 § 14. Prior: (i) 1921 c 120 §
5; 1917 c 38 § 9; RRS § 10082. (ii) 1921 c 120 § 4; 1917
c 38 § 7; RRS § 10080.]
18.22.082 License—Reciprocity. An applicant
holding a license to practice podiatric medicine and surgery
in another state may be licensed without examination if the
secretary determines that the other state’s licensing standards
are substantively equivalent to the standards in this state.
[1990 c 147 § 10.]
18.22.083 License—Examination to determine
professional qualifications. Before being issued a license
to practice podiatric medicine and surgery, applicants must
successfully pass the examinations administered by the
national board of podiatry examiners and an examination
administered or approved by the board to determine their
professional qualifications. The examination administered by
the board shall include the subject areas as the board may
require by rule.
The board may approve an examination prepared or
administered, or both, by a private testing agency, other
licensing authority, or association of licensing authorities.
The board may by rule establish the passing grade for
the examination. [1990 c 147 § 11; 1982 c 21 § 13.]
18.22.110 License—Display. Every holder of a
podiatric physician and surgeon license shall keep the license
on exhibition in a conspicuous place in the holder’s office or
place of business. [1990 c 147 § 12; 1973 c 77 § 9; 1957
c 52 § 15. Prior: 1917 c 38 § 2, part; RRS § 10075, part.]
18.22.120 License renewal. The board shall establish
by rule the requirements for renewal of licenses and relicensing. Administrative procedures, administrative requirements,
and fees shall be established as provided in RCW 43.70.250
and 43.70.280. [1996 c 191 § 7; 1990 c 147 § 13; 1985 c
7 § 13; 1982 c 21 § 14; 1975 1st ex.s. c 30 § 18; 1973 c 77
§ 10; 1971 ex.s. c 266 § 4; 1965 c 97 § 2; 1955 c 149 § 6.
Prior: (i) 1921 c 120 § 5, part; 1917 c 38 § 9, part; RRS §
10082, part. (ii) 1921 c 120 § 9; RRS § 10096.]
18.22.125 License—Inactive status. (1) An individual may place his or her license on inactive status. The
holder of an inactive license shall not practice podiatric
medicine and surgery in this state without first activating the
license.
(2) The inactive renewal fee shall be established by the
secretary under RCW 43.70.250, but may not exceed twentyfive percent of the active license renewal fee. Failure to
renew an inactive license results in cancellation in the same
manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with the rules established by the board.
(4) The provisions of this chapter relating to the denial,
suspension, and revocation of a license are applicable to an
(2002 Ed.)
Podiatric Medicine and Surgery
inactive license, except that when proceedings to suspend or
revoke an inactive license have been initiated, the license
remains inactive until the proceedings have been completed.
[1990 c 147 § 14.]
18.22.191 Rules and regulations. The secretary shall
have the power and duty to formulate and prescribe such
rules and regulations as may be reasonable in the proper
administration of this chapter. In addition to any other
authority provided by law, the secretary may:
(1) Set all fees required in this chapter in accordance
with RCW 43.70.250;
(2) Establish forms necessary to administer this chapter;
(3) Maintain the official department record of all
applicants and licensees. [1990 c 147 § 15; 1955 c 149 §
13.]
18.22.210 Unlawful practice—Evidence of. It is
prima facie evidence of the practice of podiatric medicine
and surgery or of holding oneself out as a practitioner of
podiatric medicine and surgery within the meaning of this
chapter for any person to treat in any manner ailments of the
human foot by medical, surgical, or mechanical means or
appliances, or to use the title "podiatrist," "podiatric physician and surgeon," or any other words or letters which
designate or tend to designate to the public that the person
so treating or holding himself or herself out to treat, is a
podiatric physician and surgeon. [1990 c 147 § 16; 1982 c
21 § 17; 1973 c 77 § 17; 1935 c 48 § 4; 1921 c 120 § 6;
1917 c 38 § 10; RRS § 10083.]
18.22.220 Violations—Penalty. Every person
violating, or failing to comply with, the provisions of this
chapter shall be guilty of a gross misdemeanor. [1955 c 149
§ 10; 1917 c 38 § 21; RRS § 10094.]
18.22.230 Exemptions. The following practices, acts,
and operations are excepted from the operation of the
provisions of this chapter:
(1) The practice of podiatric medicine and surgery by an
individual employed by the government of the United States
while the individual is engaged in the performance of duties
prescribed by the laws and regulations of the United States;
(2) The practice of podiatric medicine and surgery by
students enrolled in a school approved by the board. The
performance of services must be pursuant to a course of
instruction or assignments from an instructor and under the
supervision of the instructor;
(3) The practice of podiatric medicine and surgery by
licensed podiatric physicians and surgeons of other states or
countries while appearing at educational seminars;
(4) The use of roentgen and other rays for making
radiograms or similar records of the feet or portions thereof,
under the supervision of a licensed podiatric physician and
surgeon or a physician;
(5) The practice of podiatric medicine and surgery by
externs, interns, and residents in training programs approved
by the American Podiatric Medical Association;
(6) The performing of podiatric services by persons not
licensed under this chapter when performed under the
(2002 Ed.)
18.22.125
supervision of a licensed podiatrist if those services are
authorized by board rule or other law to be so performed;
(7) The treatment of ailments of the feet by physicians
licensed under chapter 18.57 or 18.71 RCW, or other
licensed health professionals practicing within the scope of
their licenses;
(8) The domestic administration of family remedies or
treatment by prayer or spiritual means in accordance with the
creed or tenets of any well recognized church or religious
denomination. [1990 c 147 § 17; 1982 c 21 § 19; 1973 c 77
§ 19; 1955 c 149 § 12.]
18.22.900 Severability—1917 c 38. If any provision
of this act shall be held void or unconstitutional, all other
provisions and all other sections of the act which are not
expressly held to be void or unconstitutional shall continue
in full force and effect. [1917 c 38 § 19.]
18.22.910 Severability—1955 c 149. If any provision
of this act or the application thereof to any person or
circumstances shall be held invalid, such invalidity shall not
affect the provisions or application of this act which can be
given effect without the invalid provisions or applications,
and to this end the provisions of this act are declared to be
severable. [1955 c 149 § 16.]
18.22.911 Severability—1982 c 21. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 21 § 20.]
18.22.950 Short title. This chapter shall be known as
the Podiatric Physician and Surgeon Practice Act. [1990 c
147 § 19.]
Chapter 18.25
CHIROPRACTIC
Sections
18.25.002
18.25.003
18.25.005
18.25.006
18.25.011
18.25.0151
18.25.0161
18.25.0165
18.25.0171
18.25.0172
18.25.019
18.25.0192
18.25.0193
18.25.0194
18.25.0195
18.25.0196
18.25.0197
18.25.020
18.25.025
18.25.030
18.25.035
18.25.040
Purpose.
Regulation of health care professions—Criteria.
"Chiropractic" defined.
Definitions.
License required.
Commission established—Membership.
Commission—Removal of member—Order of removal—
Vacancy.
Commission—Qualifications of members.
Commission—Duties and powers—Compensation—Rules.
Commission successor to other boards, committee.
Application of Uniform Disciplinary Act.
Discrimination—Legislative finding and declaration.
Discrimination—Acceptance of services required.
Discrimination by governments prohibited.
Discriminatory government contracts prohibited.
Discrimination—Policy costs as additional compensation.
Discrimination—Application of RCW 18.25.0192 through
18.25.0196.
Applications—Qualifications—Fees.
Accreditation of schools and colleges—Standards—
Assistants for examinations authorized.
Examinations—Subjects—Grades.
Waiver of examination.
Licensure by endorsement.
[Title 18 RCW—page 53]
Chapter 18.25
Title 18 RCW: Businesses and Professions
18.25.070
18.25.075
18.25.080
18.25.090
License renewal—Continuing education—Rules.
Inactive status.
Health regulations.
Use of credentials in written materials—Treatment by prayer
not regulated.
18.25.100 Prosecutions for violations.
18.25.112 "Unprofessional conduct"—Additional definition—
Prosecution.
18.25.180 Employment of x-ray technicians—Rules.
18.25.190 Exemptions—Jurisdiction of commission.
18.25.200 Service and fee limitations by health care purchasers—Pilot
projects.
18.25.900 Severability—Headings and captions not law—Effective
date—1994 sp.s. c 9.
Actions against, limitation of: RCW 4.16.350.
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.25.002 Purpose. This chapter is enacted:
(1) In the exercise of the police power of the state and
to provide an adequate public agency to act as a disciplinary
body for the members of the chiropractic profession licensed
to practice chiropractic in this state;
(2) Because the health and well-being of the people of
this state are of paramount importance;
(3) Because the conduct of members of the chiropractic
profession licensed to practice chiropractic in this state plays
a vital role in preserving the health and well-being of the
people of the state; and
(4) Because practicing other healing arts while licensed
to practice chiropractic and while holding one’s self out to
the public as a chiropractor affects the health and welfare of
the people of the state.
It is the purpose of the commission established under
RCW 18.25.0151 to regulate the competency and quality of
professional health care providers under its jurisdiction by
establishing, monitoring, and enforcing qualifications for
licensing, consistent standards of practice, continuing
competency mechanisms, and discipline. Rules, policies, and
procedures developed by the commission must promote the
delivery of quality health care to the residents of the state.
[1994 sp.s. c 9 § 101.]
18.25.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.25.005 "Chiropractic" defined. (1) Chiropractic
is the practice of health care that deals with the diagnosis or
analysis and care or treatment of the vertebral subluxation
complex and its effects, articular dysfunction, and musculoskeletal disorders, all for the restoration and maintenance of
health and recognizing the recuperative powers of the body.
(2) Chiropractic treatment or care includes the use of
procedures involving spinal adjustments and extremity
manipulation. Chiropractic treatment also includes the use
of heat, cold, water, exercise, massage, trigger point therapy,
dietary advice and recommendation of nutritional supplementation, the normal regimen and rehabilitation of the patient,
first aid, and counseling on hygiene, sanitation, and preven[Title 18 RCW—page 54]
tive measures. Chiropractic care also includes such physiological therapeutic procedures as traction and light, but does
not include procedures involving the application of sound,
diathermy, or electricity.
(3) As part of a chiropractic differential diagnosis, a
chiropractor shall perform a physical examination, which
may include diagnostic x-rays, to determine the appropriateness of chiropractic care or the need for referral to other
health care providers. The chiropractic quality assurance
commission shall provide by rule for the type and use of
diagnostic and analytical devices and procedures consistent
with this chapter.
(4) Chiropractic care shall not include the prescription
or dispensing of any medicine or drug, the practice of
obstetrics or surgery, the use of x-rays or any other form of
radiation for therapeutic purposes, colonic irrigation, or any
form of venipuncture.
(5) Nothing in this chapter prohibits or restricts any
other practitioner of a "health profession" defined in RCW
18.120.020(4) from performing any functions or procedures
the practitioner is licensed or permitted to perform, and the
term "chiropractic" as defined in this chapter shall not
prohibit a practitioner licensed under chapter 18.71 RCW
from performing medical procedures, except such procedures
shall not include the adjustment by hand of any articulation
of the spine. [2002 c 225 § 1; 1994 sp.s. c 9 § 102; 1992 c
241 § 2; 1974 ex.s. c 97 § 7.]
Intent—1992 c 241: "This act is intended to expand the scope of
practice of chiropractic only with regard to adjustment of extremities in
connection with a spinal adjustment." [1992 c 241 § 1.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.006 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of the department of
health or the secretary’s designee.
(3) "Chiropractor" means an individual licensed under
this chapter.
(4) "Commission" means the Washington state chiropractic quality assurance commission.
(5) "Vertebral subluxation complex" means a functional
defect or alteration of the biomechanical and physiological
dynamics in a joint that may cause neuronal disturbances,
with or without displacement detectable by x-ray. The
effects of the vertebral subluxation complex may include, but
are not limited to, any of the following: Fixation,
hypomobility, hypermobility, periarticular muscle spasm,
edema, or inflammation.
(6) "Articular dysfunction" means an alteration of the
biomechanical and physiological dynamics of a joint of the
axial or appendicular skeleton.
(7) "Musculoskeletal disorders" means abnormalities of
the muscles, bones, and connective tissue.
(8) "Chiropractic differential diagnosis" means a
diagnosis to determine the existence of a vertebral subluxation complex, articular dysfunction, or musculoskeletal
disorder, and the appropriateness of chiropractic care or the
need for referral to other health care providers.
(9) "Chiropractic adjustment" means chiropractic care of
a vertebral subluxation complex, articular dysfunction, or
(2002 Ed.)
Chiropractic
musculoskeletal disorder. Such care includes manual or
mechanical adjustment of any vertebral articulation and
contiguous articulations beyond the normal passive physiological range of motion.
(10) "Extremity manipulation" means a corrective thrust
or maneuver applied to a joint of the appendicular skeleton.
[2002 c 225 § 2; 1994 sp.s. c 9 § 103; 1992 c 241 § 3; 1991
c 3 § 36; 1989 c 258 § 12.]
Intent—1992 c 241: See note following RCW 18.25.005.
18.25.011 License required. It is a violation of RCW
18.130.190 for any person to practice chiropractic in this
state unless the person has obtained a license as provided in
this chapter. [1987 c 150 § 14.]
Severability—1987 c 150: See RCW 18.122.901.
18.25.0151 Commission established—Membership.
The Washington state chiropractic quality assurance commission is established, consisting of fourteen members appointed
by the governor to four-year terms, and including eleven
practicing chiropractors and three public members. No
member may serve more than two consecutive full terms. In
appointing the initial members of the commission, it is the
intent of the legislature that, to the extent possible, the
governor appoint members of the previous boards and
committees regulating this profession to the commission.
Members of the commission hold office until their successors are appointed. The governor may appoint the
members of the initial commission to staggered terms of
from one to four years. Thereafter, all members shall be
appointed to full four-year terms. The governor may
consider persons who are recommended for appointment by
chiropractic associations of this state. [2000 c 171 § 5; 1994
sp.s. c 9 § 104.]
18.25.0161 Commission—Removal of member—
Order of removal—Vacancy. The governor may remove
a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the
governor is satisfied that a member of the commission has
been guilty of neglect of duty, misconduct, or malfeasance
or misfeasance in office, the governor shall file with the
secretary of state a statement of the causes for and the order
of removal from office, and the secretary shall forthwith
send a certified copy of the order of removal and statement
of causes by certified mail to the last known post office
address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the
remainder of the unexpired term. [1994 sp.s. c 9 § 105.]
18.25.0165 Commission—Qualifications of members. Members must be citizens of the United States and
residents of this state. Members must be licensed chiropractors for a period of five years before appointment. Public
members of the commission may not be a member of any
other health care licensing board or commission, or have a
fiduciary obligation to a facility rendering health services
regulated by the commission, or have a material or financial
interest in the rendering of health services regulated by the
commission. [1994 sp.s. c 9 § 106.]
(2002 Ed.)
18.25.006
18.25.0171 Commission—Duties and powers—
Compensation—Rules. The commission shall elect officers
each year. Meetings of the commission are open to the
public, except that the commission may hold executive
sessions to the extent permitted by chapter 42.30 RCW. The
secretary of health shall furnish such secretarial, clerical, and
other assistance as the commission may require.
Each member of the commission shall be compensated
in accordance with RCW 43.03.265. Members shall be
reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and
43.03.060.
A majority of the commission members appointed and
serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a
quorum of the commission is required to carry a motion or
resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels of at
least three members. A quorum for transaction of any
business by a panel is a minimum of three members. A
majority vote of a quorum of the panel is required to transact
business delegated to it by the commission.
The members of the commission are immune from suit
in an action, civil or criminal, based upon its disciplinary
proceedings or other official acts performed in good faith as
members of the commission.
The commission may, whenever the workload of the
commission requires, request that the secretary appoint pro
tempore members. While serving as members pro tempore
persons have all the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses, of the
commission.
The commission shall prepare or determine the nature
of the examinations for applicants to practice chiropractic.
The commission may adopt such rules as are consistent
with this chapter as may be deemed necessary and proper to
carry out the purposes of this chapter. [1999 c 366 § 2;
1994 sp.s. c 9 § 107.]
18.25.0172 Commission successor to other boards,
committee. The commission is the successor in interest of
the board of chiropractic examiners, the chiropractic disciplinary board, and the chiropractic peer review committee.
All contracts, undertakings, agreements, rules, regulations,
and policies of those bodies continue in full force and effect
on July 1, 1994, unless otherwise repealed or rejected by
chapter 9, Laws of 1994 sp. sess. or by the commission.
[1994 sp.s. c 9 § 119.]
18.25.019 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses, and the discipline of licensees under this chapter.
[1994 sp.s. c 9 § 108; 1987 c 150 § 12; 1986 c 259 § 21.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.25.0192 Discrimination—Legislative finding and
declaration. The legislature finds and declares that the costs
of health care to the people are rising disproportionately to
[Title 18 RCW—page 55]
18.25.0192
Title 18 RCW: Businesses and Professions
other costs and that there is a paramount concern that the
right of the people to obtain access to health care in all its
facets is being impaired thereby. For this reason, the
reliance on the mechanism of health care service contractors,
whether profit or nonprofit, is the only effective manner in
which the large majority of the people can attain access to
quality health care, and it is therefore declared to be in the
public interest that health care service contractors be regulated to assure that all the people have access to health care
to the greatest extent possible. Chapter 97, Laws of 1974
ex. sess., prohibiting discrimination against the legally
recognized and licensed profession of chiropractic, is
necessary in the interest of the public health, welfare, and
safety. [1974 ex.s. c 97 § 1. Formerly RCW 18.25.120.]
Severability—1974 ex.s. c 97: "If any provision of this 1974
amendatory act, or its application to any person or circumstance, is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 97 § 16.]
18.25.0193 Discrimination—Acceptance of services
required. Notwithstanding any other provision of law, the
state and its political subdivisions shall accept the services
of licensed chiropractors for any service covered by their licenses with relation to any person receiving benefits,
salaries, wages, or any other type of compensation from the
state, its agencies or subdivisions. [1974 ex.s. c 97 § 2.
Formerly RCW 18.25.130.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0194 Discrimination by governments prohibited. The state and its political subdivisions, and all officials,
agents, employees, or representatives thereof, are prohibited
from in any way discriminating against licensed chiropractors in performing and receiving compensation for services
covered by their licenses. [1974 ex.s. c 97 § 3. Formerly
RCW 18.25.140.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0195 Discriminatory government contracts
prohibited. Notwithstanding any other provision of law, the
state and its political subdivisions, and all officials, agents,
employees, or representatives thereof, are prohibited from
entering into any agreement or contract with any individual,
group, association, or corporation which in any way, directly
or indirectly, discriminates against licensed chiropractors in
performing and receiving compensation for services covered
by their licenses. [1974 ex.s. c 97 § 4. Formerly RCW
18.25.150.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0196 Discrimination—Policy costs as additional compensation. Notwithstanding any other provision of
law, for the purpose of RCW 18.25.0192 through 18.25.0195
and 18.25.0197 it is immaterial whether the cost of any
policy, plan, agreement, or contract be deemed additional
compensation for services, or otherwise. [2000 c 171 § 6;
1974 ex.s. c 97 § 5. Formerly RCW 18.25.160.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.0197 Discrimination—Application of RCW
18.25.0192 through 18.25.0196. RCW 18.25.0192 through
[Title 18 RCW—page 56]
18.25.0196 shall apply to all agreements, renewals, or contracts issued on or after July 24, 1974. [2000 c 171 § 7;
1974 ex.s. c 97 § 6. Formerly RCW 18.25.170.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.020 Applications—Qualifications—Fees. (1)
Any person not now licensed to practice chiropractic in this
state and who desires to practice chiropractic in this state,
before it shall be lawful for him or her to do so, shall make
application therefor to the secretary, upon such form and in
such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic
college after January 1, 1975, shall have completed not less
than one-half of the requirements for a baccalaureate degree
at an accredited and approved college or university and shall
be a graduate of a chiropractic school or college accredited
and approved by the commission and shall show satisfactory
evidence of completion by each applicant of a resident
course of study of not less than four thousand classroom
hours of instruction in such school or college. Applications
shall be in writing and shall be signed by the applicant in his
or her own handwriting and shall be sworn to before some
officer authorized to administer oaths, and shall recite the
history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied
chiropractic, under what teachers, what collateral branches,
if any, he or she has studied, the length of time he or she
has engaged in clinical practice; accompanying the same by
reference therein, with any proof thereof in the shape of
diplomas, certificates, and shall accompany said application
with satisfactory evidence of good character and reputation.
(2) Applicants shall follow administrative procedures
and administrative requirements and pay fees as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 8; 1994 sp.s.
c 9 § 109; 1991 c 3 § 38; 1989 c 258 § 3; 1985 c 7 § 14;
1975 1st ex.s. c 30 § 19; 1974 ex.s. c 97 § 9; 1959 c 53 §
3; 1919 c 5 § 5; RRS § 10100.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.025 Accreditation of schools and colleges—
Standards—Assistants for examinations authorized. The
commission shall have authority to grant accreditation to
chiropractic schools and colleges.
The commission shall have authority to adopt educational standards which may include standards of any accreditation agency recognized by the office of education of the
department of health and human services or its successor
agency, or any portion of such standards, as the
commission’s standards: PROVIDED, That such standards,
so adopted, shall contain, as a minimum of on-campus
instruction in chiropractic, the following: Principles of
chiropractic, two hundred hours; adjustive technique, four
hundred hours; spinal roentgenology, one hundred seventyfive hours; symptomatology and diagnosis, four hundred
twenty-five hours; clinic, six hundred twenty-five hours:
PROVIDED FURTHER, That such standards shall not
mandate, as a requirement for either graduation or accreditation, or include in the computation of hours of chiropractic
instruction required by this section, instruction in the follow(2002 Ed.)
Chiropractic
ing: Mechanotherapy, physiotherapy, acupuncture,
acupressure, or any other therapy.
The commission shall approve and accredit chiropractic
colleges and schools which apply for commission accreditation and approval and which meet to the commission’s
satisfaction the educational standards adopted by the commission. It shall be the responsibility of the college to apply
for accreditation and approval, and of a student to ascertain
whether a college or school has been accredited or approved
by the commission.
The commission shall have authority to engage assistants in the giving of examinations called for under this
chapter. [1994 sp.s. c 9 § 110; 1980 c 51 § 3.]
Severability—1980 c 51: "If any provision of this 1980 act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 51 § 6.]
18.25.030 Examinations—Subjects—Grades.
Examinations for license to practice chiropractic shall be
developed and administered, or approved, or both, by the
commission according to the method deemed by it to be the
most practicable and expeditious to test the applicant’s
qualifications. The commission may approve an examination
prepared or administered by a private testing agency or
association of licensing authorities. The applicant shall be
designated by a number instead of his or her name, so that
the identity shall not be discovered or disclosed to the
members of the commission until after the examination
papers are graded.
Examination subjects may include the following:
Anatomy, physiology, spinal anatomy, microbiology-public
health, general diagnosis, neuromuscularskeletal diagnosis,
X-ray, principles of chiropractic and adjusting, as taught by
chiropractic schools and colleges, and any other subject areas
consistent with chapter 18.25 RCW. The commission shall
set the standards for passing the examination. The commission may enact additional requirements for testing administered by the national board of chiropractic examiners. [1995
c 198 § 1; 1994 sp.s. c 9 § 111; 1989 c 258 § 4; 1974 ex.s.
c 97 § 10; 1959 c 53 § 4; 1919 c 5 § 6; RRS § 10101.]
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
Hiring assistants for examinations: RCW 18.25.025.
18.25.035 Waiver of examination. The commission
may, in its discretion, waive any examination required by
this chapter of persons applying for a license to practice
chiropractic if, in its opinion, the applicant has successfully
passed an examination conducted by the national board of
chiropractic examiners of the United States that is of equal
or greater difficulty than the examination being waived by
the commission. [1994 sp.s. c 9 § 112; 1971 ex.s. c 227 §
5.]
18.25.040 Licensure by endorsement. Persons
licensed to practice chiropractic under the laws of any other
state, territory of the United States, the District of Columbia,
Puerto Rico, or province of Canada, having qualifications
substantially equivalent to those required by this chapter,
may, in the discretion of the commission, and after such
examination as may be required by rule of the commission,
(2002 Ed.)
18.25.025
be issued a license to practice in this state without further
examination, upon payment of a fee determined by the secretary as provided in RCW 43.70.250. [1994 sp.s. c 9 § 113;
1991 c 320 § 8; 1991 c 3 § 39; 1985 c 7 § 15; 1975 1st
ex.s. c 30 § 20; 1971 ex.s. c 227 § 6; 1919 c 5 § 14; RRS
§ 10108.]
18.25.070 License renewal—Continuing education—
Rules. Every person practicing chiropractic shall, as a
prerequisite to renewal of license, submit to the secretary at
the time of application therefor, satisfactory proof showing
attendance of at least twenty-five hours per year during the
preceding credential period, at one or more chiropractic
symposiums which are recognized and approved by the
commission. The commission may, for good cause shown,
waive said attendance. The following guidelines for such
symposiums shall apply:
(1) The commission shall set criteria for the course
content of educational symposia concerning matters which
are recognized by the state of Washington chiropractic
licensing laws; it shall be the licensee’s responsibility to
determine whether the course content meets these criteria;
(2) The commission shall adopt standards for distribution of annual continuing education credit requirements;
(3) Rules shall be adopted by the commission for
licensees practicing and residing outside the state who shall
meet all requirements established by rule of the commission.
[1996 c 191 § 9; 1994 sp.s. c 9 § 114; 1991 c 3 § 40; 1989
c 258 § 5; 1985 c 7 § 17; 1980 c 51 § 2; 1975 1st ex.s. c 30
§ 22; 1974 ex.s. c 97 § 11; 1971 ex.s. c 266 § 5; 1959 c 53
§ 5; 1919 c 5 § 10; RRS § 10105.]
Severability—1980 c 51: See note following RCW 18.25.025.
Severability—1974 ex.s. c 97: See note following RCW 18.25.0192.
18.25.075 Inactive status. (1) An individual may
place his or her license on inactive status. The holder of an
inactive license shall not practice chiropractic in this state
without first activating the license.
(2) The inactive renewal fee shall be established by the
secretary pursuant to RCW 43.70.250. Failure to renew an
inactive license shall result in cancellation in the same
manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with the rules established by the commission.
(4) The provisions relating to the denial, suspension, and
revocation of a license shall be applicable to an inactive
license, except that when proceedings to suspend or revoke
an inactive license have been initiated, the license shall
remain inactive until the proceedings have been completed.
[1994 sp.s. c 9 § 115; 1991 c 3 § 41; 1989 c 258 § 14.]
18.25.080 Health regulations. Chiropractic practitioners shall observe and be subject to all state and municipal
regulations relating to the control of contagious and infectious diseases, sign death certificates and any and all matters
pertaining to public health, reporting to the proper health
officers the same as other practitioners. [1919 c 5 § 12;
RRS § 10107.]
[Title 18 RCW—page 57]
18.25.090
Title 18 RCW: Businesses and Professions
18.25.090 Use of credentials in written materials—
Treatment by prayer not regulated. On all cards, books,
papers, signs or other written or printed means of giving
information to the public, used by those licensed by this
chapter to practice chiropractic, the practitioner shall use
after or below his or her name the term chiropractor,
chiropractic physician, D.C., or D.C.Ph.C., designating his or
her line of drugless practice, and shall not use the letters
M.D. or D.O.: PROVIDED, That the word doctor or "Dr."
or physician may be used only in conjunction with the word
"chiropractic" or "chiropractor". Nothing in this chapter
shall be held to apply to or to regulate any kind of treatment
by prayer. [1991 c 320 § 9; 1989 c 258 § 6; 1986 c 259 §
24; 1981 c 277 § 3; 1971 ex.s. c 227 § 7; 1919 c 5 § 15;
RRS § 10109.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.25.100 Prosecutions for violations. It shall be the
duty of the several prosecuting attorneys of this state to
prosecute all persons charged with the violation of any of the
provisions of this chapter. It shall be the duty of the
secretary to aid said attorneys of this state in the enforcement of this chapter. [1991 c 3 § 42; 1919 c 5 § 16; RRS
§ 10110.]
18.25.112 "Unprofessional conduct"—Additional
definition—Prosecution. (1) In addition to those acts
defined in chapter 18.130 RCW, the term "unprofessional
conduct" as used in this chapter includes failing to differentiate chiropractic care from any and all other methods of
healing at all times.
(2) Proceedings involving alleged unprofessional
conduct shall be prosecuted by the attorney general upon the
direction of the commission. [1994 sp.s. c 9 § 116.]
18.25.180 Employment of x-ray technicians—Rules.
(1) A chiropractor may employ a technician to operate x-ray
equipment after the technician has registered with the
commission.
(2) The commission may adopt rules necessary and
appropriate to carry out the purposes of this section. [1994
sp.s. c 9 § 117; 1991 c 222 § 9.]
regular course of instruction offered by the school and the
student is under the direct supervision and control of a
chiropractor duly licensed pursuant to this chapter and
approved by the commission.
(3) The practice of chiropractic by a person serving a
period of postgraduate chiropractic training in a program of
clinical chiropractic training sponsored by a school of
chiropractic accredited in this state if the practice is part of
his or her duties as a clinical postgraduate trainee and the
trainee is under the direct supervision and control of a
chiropractor duly licensed pursuant to this chapter and
approved by the commission.
(4) The practice of chiropractic by a person who is
eligible and has applied to take the next available examination for licensing offered by the commission, except that the
unlicensed chiropractor must provide all services under the
direct control and supervision of a licensed chiropractor
approved by the commission. The unlicensed chiropractor
may continue to practice as provided by this subsection until
the results of the next available examination are published,
but in no case for a period longer than six months. The
commission shall adopt rules necessary to effectuate the
intent of this subsection.
Any provision of chiropractic services by any individual
under subsection (1), (2), (3), or (4) of this section shall be
subject to the jurisdiction of the commission as provided in
chapter 18.130 RCW. [2000 c 171 § 8; 1994 sp.s. c 9 §
118; 1991 c 320 § 10.]
18.25.200 Service and fee limitations by health care
purchasers—Pilot projects. All state health care purchasers
shall have the authority to set service and fee limitations on
chiropractic costs. The health care authority shall establish
pilot projects in defined geographic regions of the state to
contract with organizations of chiropractors for a prepaid
capitated amount. [1992 c 241 § 4.]
Intent—1992 c 241: See note following RCW 18.25.005.
18.25.900 Severability—Headings and captions not
law—Effective date—1994 sp.s. c 9. See RCW 18.79.900
through 18.79.902.
Effective date—1991 c 222: See RCW 18.84.903.
18.25.190 Exemptions—Jurisdiction of commission.
Nothing in this chapter shall be construed to prohibit:
(1) The temporary practice in this state of chiropractic
by any chiropractor licensed by another state, territory, or
country in which he or she resides. However, the chiropractor shall not establish a practice open to the general public
and shall not engage in temporary practice under this section
for a period longer than thirty days. The chiropractor shall
register his or her intention to engage in the temporary
practice of chiropractic in this state with the commission
before engaging in the practice of chiropractic, and shall
agree to be bound by such conditions as may be prescribed
by rule by the commission.
(2) The practice of chiropractic, except the administration of a chiropractic adjustment, by a person who is a
regular senior student in an accredited school of chiropractic
approved by the commission if the practice is part of a
[Title 18 RCW—page 58]
Chapter 18.27
REGISTRATION OF CONTRACTORS
Sections
18.27.005
18.27.010
18.27.020
18.27.030
18.27.040
18.27.050
18.27.060
18.27.065
18.27.070
18.27.075
18.27.080
18.27.090
18.27.100
18.27.102
Strict enforcement.
Definitions.
Registration required—Prohibited acts—Criminal penalty—
Monitoring program.
Application for registration—Grounds for denial.
Bond or other security required—Actions against—
Suspension of registration upon impairment.
Insurance or financial responsibility required—Suspension of
registration upon impairment.
Certificate of registration—Issuance, duration, renewal—
Suspension.
Partnership or joint venture deemed registered, when.
Fees.
Fees for issuing or renewing certificate of registration.
Registration prerequisite to suit.
Exemptions.
Business practices—Advertising—Penalty.
Unlawful advertising—Liability.
(2002 Ed.)
Registration of Contractors
18.27.104
18.27.110
Unlawful advertising—Citations.
Building permits—Verification of registration required—
Responsibilities of issuing entity—Penalties.
18.27.111 Public works, contracts with unregistered contractors prohibited.
18.27.114 Disclosure statement required—Prerequisite to lien claim.
18.27.117 Violations relating to mobile/manufactured homes.
18.27.120 List of registered contractors—Availability, fee.
18.27.125 Rules.
18.27.130 Chapter exclusive—Certain authority of cities and towns not
limited or abridged.
18.27.140 Purpose.
18.27.200 Violation—Infraction.
18.27.210 Violations—Investigations—Evidence.
18.27.220 Investigations—Penalty for failure to identify contractor.
18.27.225 Violations—Restraining orders—Injunctions.
18.27.230 Notice of infraction—Service.
18.27.240 Notice—Form—Contents.
18.27.250 Notice—Filing—Administrative hearing—Appeal.
18.27.260 Notice—Determination infraction committed.
18.27.270 Notice—Response—Failure to respond, appear, pay penalties, or register.
18.27.280 Notice—Penalty for person refusing to promise to respond.
18.27.290 Notice—Penalty for contractor failing to respond.
18.27.300 Representation by attorney, attorney general.
18.27.310 Infraction—Administrative hearing—Procedure—Burden of
proof—Order—Appeal.
18.27.320 Infraction—Dismissal, when.
18.27.340 Infraction—Monetary penalty.
18.27.342 Report to the legislature.
18.27.350 Violations—Consumer Protection Act.
18.27.360 Certificate of registration suspension—Nonpayment or default on educational loan or scholarship.
18.27.370 Unregistered contractor—Defaults in payment—Notice of
assessment—Warrant—Notice and order, withhold property—Service—Civil penalties.
18.27.380 Consumer/contractor awareness of chapter.
18.27.390 Finding—Unregistered contractors enforcement team.
18.27.900 Severability—1963 c 77.
Actions or claims for construction of improvements upon real property,
accrual and limitations upon: RCW 4.16.300 through 4.16.320.
18.27.005 Strict enforcement. This chapter shall be
strictly enforced. Therefore, the doctrine of substantial
compliance shall not be used by the department in the
application and construction of this chapter. Anyone
engaged in the activities of a contractor is presumed to know
the requirements of this chapter. [1997 c 314 § 1.]
18.27.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Contractor" means any person, firm, or corporation
who or which, in the pursuit of an independent business
undertakes to, or offers to undertake, or submits a bid to,
construct, alter, repair, add to, subtract from, improve, move,
wreck or demolish, for another, any building, highway, road,
railroad, excavation or other structure, project, development,
or improvement attached to real estate or to do any part
thereof including the installation of carpeting or other floor
covering, the erection of scaffolding or other structures or
works in connection therewith or who installs or repairs
roofing or siding; or, who, to do similar work upon his or
her own property, employs members of more than one trade
upon a single job or project or under a single building permit
except as otherwise provided herein. "Contractor" includes
any person, firm, corporation, or other entity covered by this
subsection, whether or not registered as required under this
chapter.
(2002 Ed.)
Chapter 18.27
(2) "Department" means the department of labor and
industries.
(3) "Director" means the director of the department of
labor and industries or designated representative employed
by the department.
(4) "General contractor" means a contractor whose
business operations require the use of more than two
unrelated building trades or crafts whose work the contractor
shall superintend or do in whole or in part. "General
contractor" shall not include an individual who does all work
personally without employees or other "specialty contractors"
as defined in this section. The terms "general contractor"
and "builder" are synonymous.
(5) "Partnership" means a business formed under Title
25 RCW.
(6) "Registration cancellation" means a written notice
from the department that a contractor’s action is in violation
of this chapter and that the contractor’s registration has been
revoked.
(7) "Registration suspension" means a written notice
from the department that a contractor’s action is a violation
of this chapter and that the contractor’s registration has been
suspended for a specified time, or until the contractor shows
evidence of compliance with this chapter.
(8) "Residential homeowner" means an individual person
or persons owning or leasing real property:
(a) Upon which one single-family residence is to be
built and in which the owner or lessee intends to reside upon
completion of any construction; or
(b) Upon which there is a single-family residence to
which improvements are to be made and in which the owner
or lessee intends to reside upon completion of any construction.
(9) "Specialty contractor" means a contractor whose
operations do not fall within the definition of "general
contractor".
(10) "Unregistered contractor" means a person, firm,
corporation, or other entity doing work as a contractor
without being registered in compliance with this chapter.
"Unregistered contractor" includes contractors whose
registration is expired, revoked, or suspended. "Unregistered
contractor" does not include a contractor who has maintained
a valid bond and the insurance or assigned account required
by RCW 18.27.050, and whose registration has lapsed for
thirty or fewer days.
(11) "Unsatisfied final judgment" means a judgment that
has not been satisfied either through payment, court approved settlement, discharge in bankruptcy, or assignment
under RCW 19.72.070.
(12) "Verification" means the receipt and duplication by
the city, town, or county of a contractor registration card that
is current on its face, checking the department’s contractor
registration data base, or calling the department to confirm
that the contractor is registered. [2001 c 159 § 1; 1997 c
314 § 2; 1993 c 454 § 2; 1973 1st ex.s. c 153 § 1; 1972
ex.s. c 118 § 1; 1967 c 126 § 5; 1963 c 77 § 1.]
Finding—1993 c 454: "The legislature finds that unregistered
contractors are a serious threat to the general public and are costing the state
millions of dollars each year in lost revenue. To assist in solving this
problem, the department of labor and industries and the department of
revenue should coordinate and communicate with each other to identify
unregistered contractors." [1993 c 454 § 1.]
[Title 18 RCW—page 59]
18.27.010
Title 18 RCW: Businesses and Professions
Effective date—1963 c 77: "This act shall take effect August 1,
1963." [1963 c 77 § 12.]
18.27.020 Registration required—Prohibited acts—
Criminal penalty—Monitoring program. (1) Every
contractor shall register with the department.
(2) It is a misdemeanor for any contractor to:
(a) Advertise, offer to do work, submit a bid, or perform
any work as a contractor without being registered as required
by this chapter;
(b) Advertise, offer to do work, submit a bid, or
perform any work as a contractor when the contractor’s
registration is suspended or revoked;
(c) Use a false or expired registration number in
purchasing or offering to purchase an advertisement for
which a contractor registration number is required; or
(d) Transfer a valid registration to an unregistered
contractor or allow an unregistered contractor to work under
a registration issued to another contractor.
(3) It is not unlawful for a general contractor to employ
an unregistered contractor who was registered at the time he
or she entered into a contract with the general contractor,
unless the general contractor or his or her representative has
been notified in writing by the department of labor and
industries that the contractor has become unregistered.
(4) All misdemeanor actions under this chapter shall be
prosecuted in the county where the infraction occurs.
(5) A person is guilty of a separate misdemeanor for
each day worked if, after the person receives a citation from
the department, the person works while unregistered, or
while his or her registration is suspended or revoked, or
works under a registration issued to another contractor. A
person is guilty of a separate misdemeanor for each worksite
on which he or she violates subsection (2) of this section.
Nothing in this subsection applies to a registered contractor.
(6) The director by rule shall establish a two-year audit
and monitoring program for a contractor not registered under
this chapter who becomes registered after receiving an
infraction or conviction under this chapter as an unregistered
contractor. The director shall notify the departments of
revenue and employment security of the infractions or
convictions and shall cooperate with these departments to
determine whether any taxes or registration, license, or other
fees or penalties are owed the state. [1997 c 314 § 3; 1993
c 454 § 6; 1987 c 362 § 1; 1986 c 197 § 1; 1983 1st ex.s. c
2 § 17; 1973 1st ex.s. c 153 § 2; 1963 c 77 § 2.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
Violations as infractions: RCW 18.27.200.
18.27.030 Application for registration—Grounds for
denial. (1) An applicant for registration as a contractor shall
submit an application under oath upon a form to be prescribed by the director and which shall include the following
information pertaining to the applicant:
(a) Employer social security number.
(b) Unified business identifier number, if required by the
department of revenue.
(c) Evidence of workers’ compensation coverage for the
applicant’s employees working in Washington, as follows:
[Title 18 RCW—page 60]
(i) The applicant’s industrial insurance account number
issued by the department;
(ii) The applicant’s self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a
certificate of coverage issued by the agency that administers
the workers’ compensation law in the applicant’s state or
province of domicile certifying that the applicant has secured
the payment of compensation under the other state’s or
province’s workers’ compensation law.
(d) Employment security department number.
(e) State excise tax registration number.
(f) Unified business identifier (UBI) account number
may be substituted for the information required by (c) of this
subsection if the applicant will not employ employees in
Washington, and by (d) and (e) of this subsection.
(g) Type of contracting activity, whether a general or a
specialty contractor and if the latter, the type of specialty.
(h) The name and address of each partner if the applicant is a firm or partnership, or the name and address of the
owner if the applicant is an individual proprietorship, or the
name and address of the corporate officers and statutory
agent, if any, if the applicant is a corporation or the name
and address of all members of other business entities. The
information contained in such application is a matter of
public record and open to public inspection.
(2) The department may verify the workers’ compensation coverage information provided by the applicant under
subsection (1)(c) of this section, including but not limited to
information regarding the coverage of an individual employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(3)(a) The department shall deny an application for
registration if: (i) The applicant has been previously
performing work subject to this chapter as a sole proprietor,
partnership, corporation, or other entity and the department
has notice that the applicant has an unsatisfied final judgment against him or her in an action based on this chapter or
the applicant owes the department money for penalties
assessed or fees due under this chapter as a result of a final
judgment; (ii) the applicant was a principal or officer of a
partnership, corporation, or other entity that either has an
unsatisfied final judgment against it in an action that was
incurred for work performed subject to this chapter or owes
the department money for penalties assessed or fees due
under this chapter as a result of a final judgment; or (iii) the
applicant does not have a valid unified business identifier
number, if required by the department of revenue.
(b) The department shall suspend an active registration
if (i) the department has notice that the registrant is a sole
proprietor or a principal or officer of a registered contractor
that has an unsatisfied final judgment against it for work
within the scope of this chapter; or (ii) the applicant does not
maintain a valid unified business identifier number, if
required by the department of revenue.
(4) The department shall not deny an application or
suspend a registration because of an unsatisfied final
judgment if the applicant’s or registrant’s unsatisfied final
(2002 Ed.)
Registration of Contractors
judgment was determined by the director to be the result of
the fraud or negligence of another party. [2001 c 159 § 2;
1998 c 279 § 3; 1997 c 314 § 4; 1996 c 147 § 1; 1992 c 217
§ 1; 1988 c 285 § 1. Prior: 1987 c 362 § 2; 1987 c 111 §
9; 1973 1st ex.s. c 153 § 3; 1963 c 77 § 3.]
Finding—Intent—1998 c 279: See note following RCW 51.12.120.
Conflict with federal requirements—Severability—Effective date—
1987 c 111: See notes following RCW 50.12.220.
18.27.040 Bond or other security required—Actions
against—Suspension of registration upon impairment.
(1) Each applicant shall file with the department a surety
bond issued by a surety insurer who meets the requirements
of chapter 48.28 RCW in the sum of twelve thousand dollars
if the applicant is a general contractor and six thousand
dollars if the applicant is a specialty contractor. If no valid
bond is already on file with the department at the time the
application is filed, a bond must accompany the registration
application. The bond shall have the state of Washington
named as obligee with good and sufficient surety in a form
to be approved by the department. The bond shall be
continuous and may be canceled by the surety upon the
surety giving written notice to the director. A cancellation
or revocation of the bond or withdrawal of the surety from
the bond automatically suspends the registration issued to the
registrant until a new bond or reinstatement notice has been
filed and approved as provided in this section. The bond
shall be conditioned that the applicant will pay all persons
performing labor, including employee benefits, for the
contractor, will pay all taxes and contributions due to the
state of Washington, and will pay all persons furnishing
labor or material or renting or supplying equipment to the
contractor and will pay all amounts that may be adjudged
against the contractor by reason of breach of contract
including negligent or improper work in the conduct of the
contracting business. A change in the name of a business or
a change in the type of business entity shall not impair a
bond for the purposes of this section so long as one of the
original applicants for such bond maintains partial ownership
in the business covered by the bond.
(2) At the time of initial registration or renewal, the
contractor shall provide a bond or other security deposit as
required by this chapter and comply with all of the other
provisions of this chapter before the department shall issue
or renew the contractor’s certificate of registration. Any
contractor registered as of July 1, 2001, who maintains that
registration in accordance with this chapter is in compliance
with this chapter until the next renewal of the contractor’s
certificate of registration.
(3) Any person, firm, or corporation having a claim
against the contractor for any of the items referred to in this
section may bring suit upon the bond or deposit in the
superior court of the county in which the work was done or
of any county in which jurisdiction of the contractor may be
had. The surety issuing the bond shall be named as a party
to any suit upon the bond. Action upon the bond or deposit
brought by a residential homeowner for breach of contract
by a party to the construction contract shall be commenced
by filing the summons and complaint with the clerk of the
appropriate superior court within two years from the date the
claimed contract work was substantially completed or aban(2002 Ed.)
18.27.030
doned. Action upon the bond or deposit brought by any
other authorized party shall be commenced by filing the
summons and complaint with the clerk of the appropriate
superior court within one year from the date the claimed
labor was performed and benefits accrued, taxes and contributions owing the state of Washington became due, materials
and equipment were furnished, or the claimed contract work
was substantially completed or abandoned. Service of
process in an action against the contractor, the contractor’s
bond, or the deposit shall be exclusively by service upon the
department. Three copies of the summons and complaint
and a fee adopted by rule of not less than twenty dollars to
cover the costs shall be served by registered or certified
mail, or other delivery service requiring notice of receipt,
upon the department at the time suit is started and the
department shall maintain a record, available for public
inspection, of all suits so commenced. Service is not
complete until the department receives the fee and three
copies of the summons and complaint. The service shall
constitute service on the registrant and the surety for suit
upon the bond or deposit and the department shall transmit
the summons and complaint or a copy thereof to the registrant at the address listed in the registrant’s application and
to the surety within two days after it shall have been
received.
(4) The surety upon the bond shall not be liable in an
aggregate amount in excess of the amount named in the
bond nor for any monetary penalty assessed pursuant to this
chapter for an infraction. The liability of the surety shall not
cumulate where the bond has been renewed, continued,
reinstated, reissued or otherwise extended. The surety upon
the bond may, upon notice to the department and the parties,
tender to the clerk of the court having jurisdiction of the
action an amount equal to the claims thereunder or the
amount of the bond less the amount of judgments, if any,
previously satisfied therefrom and to the extent of such
tender the surety upon the bond shall be exonerated but if
the actions commenced and pending at any one time exceed
the amount of the bond then unimpaired, claims shall be
satisfied from the bond in the following order:
(a) Employee labor and claims of laborers, including
employee benefits;
(b) Claims for breach of contract by a party to the
construction contract;
(c) Registered or licensed subcontractors, material, and
equipment;
(d) Taxes and contributions due the state of Washington;
(e) Any court costs, interest, and attorney’s [attorneys’]
fees plaintiff may be entitled to recover. The surety is not
liable for any amount in excess of the penal limit of its
bond.
A payment made by the surety in good faith exonerates
the bond to the extent of any payment made by the surety.
(5) The total amount paid from a bond or deposit
required of a general contractor by this section to claimants
other than residential homeowners must not exceed one-half
of the bond amount. The total amount paid from a bond or
deposit required of a specialty contractor by this section to
claimants other than residential homeowners must not exceed
one-half of the bond amount or four thousand dollars,
whichever is greater.
[Title 18 RCW—page 61]
18.27.040
Title 18 RCW: Businesses and Professions
(6) The prevailing party in an action filed under this
section against the contractor and contractor’s bond or
deposit, for breach of contract by a party to a construction
contract, is entitled to costs, interest, and reasonable
attorneys’ fees. The surety upon the bond is not liable in an
aggregate amount in excess of the amount named in the
bond nor for any monetary penalty assessed pursuant to this
chapter for an infraction.
(7) If a final judgment impairs the liability of the surety
upon the bond so furnished that there is not in effect a bond
in the full amount prescribed in this section, the registration
of the contractor is automatically suspended until the bond
liability in the required amount unimpaired by unsatisfied
judgment claims is furnished.
(8) In lieu of the surety bond required by this section
the contractor may file with the department a deposit
consisting of cash or other security acceptable to the department.
(9) Any person having filed and served a summons and
complaint as required by this section having an unsatisfied
final judgment against the registrant for any items referred
to in this section may execute upon the security held by the
department by serving a certified copy of the unsatisfied
final judgment by registered or certified mail upon the
department within one year of the date of entry of such
judgment. Upon the receipt of service of such certified copy
the department shall pay or order paid from the deposit,
through the registry of the superior court which rendered
judgment, towards the amount of the unsatisfied judgment.
The priority of payment by the department shall be the order
of receipt by the department, but the department shall have
no liability for payment in excess of the amount of the
deposit.
(10) The director may require an applicant applying to
renew or reinstate a registration or applying for a new
registration to file a bond of up to three times the normally
required amount, if the director determines that an applicant,
or a previous registration of a corporate officer, owner, or
partner of a current applicant, has had in the past five years
a total of six final judgments in actions under this chapter
involving a residential single-family dwelling on two or
more different structures.
(11) The director may adopt rules necessary for the
proper administration of the security. [2001 c 159 § 3; 1997
c 314 § 5; 1988 c 139 § 1; 1987 c 362 § 6; 1983 1st ex.s. c
2 § 18; 1977 ex.s. c 11 § 1; 1973 1st ex.s. c 153 § 4; 1972
ex.s. c 118 § 2; 1967 c 126 § 1; 1963 c 77 § 4.]
Unpaid wages by public works contractor constitute lien against bond:
RCW 39.12.050.
18.27.050 Insurance or financial responsibility
required—Suspension of registration upon impairment.
(1) At the time of registration and subsequent reregistration,
the applicant shall furnish insurance or financial responsibility in the form of an assigned account in the amount of fifty
thousand dollars for injury or damages to property, and one
hundred thousand dollars for injury or damage including
death to any one person, and two hundred thousand dollars
for injury or damage including death to more than one
person.
(2) An expiration, cancellation, or revocation of the
insurance policy or withdrawal of the insurer from the
[Title 18 RCW—page 62]
insurance policy automatically suspends the registration
issued to the registrant until a new insurance policy or
reinstatement notice has been filed and approved as provided
in this section.
(3)(a) Proof of financial responsibility authorized in this
section may be given by providing, in the amount required
by subsection (1) of this section, an assigned account
acceptable to the department. The assigned account shall be
held by the department to satisfy any execution on a judgment issued against the contractor for damage to property or
injury or death to any person occurring in the contractor’s
contracting operations, according to the provisions of the
assigned account agreement. The department shall have no
liability for payment in excess of the amount of the assigned
account.
(b) The assigned account filed with the director as proof
of financial responsibility shall be canceled at the expiration
of three years after:
(i) The contractor’s registration has expired or been
revoked; or
(ii) The contractor has furnished proof of insurance as
required by subsection (1) of this section;
if, in either case, no legal action has been instituted against
the contractor or on the account at the expiration of the
three-year period.
(c) If a contractor chooses to file an assigned account as
authorized in this section, the contractor shall, on any
contracting project, notify each person with whom the
contractor enters into a contract or to whom the contractor
submits a bid that the contractor has filed an assigned
account in lieu of insurance and that recovery from the
account for any claim against the contractor for property
damage or personal injury or death occurring in the project
requires the claimant to obtain a court judgment. [2001 c
159 § 4; 1987 c 303 § 1; 1963 c 77 § 5.]
18.27.060 Certificate of registration—Issuance,
duration, renewal—Suspension. (1) A certificate of
registration shall be valid for two years and shall be renewed
on or before the expiration date. The department shall issue
to the applicant a certificate of registration upon compliance
with the registration requirements of this chapter.
(2) If the department approves an application, it shall
issue a certificate of registration to the applicant.
(3) If a contractor’s surety bond or other security has an
unsatisfied judgment against it or is canceled, or if the
contractor’s insurance policy is canceled, the contractor’s
registration shall be automatically suspended on the effective
date of the impairment or cancellation. The department shall
mail notice of the suspension to the contractor’s address on
the certificate of registration by certified and by first class
mail within two days after suspension.
(4) Renewal of registration is valid on the date the
department receives the required fee and proof of bond and
liability insurance, if sent by certified mail or other means
requiring proof of delivery. The receipt or proof of delivery
shall serve as the contractor’s proof of renewed registration
until he or she receives verification from the department.
(5) The department shall immediately suspend the
certificate of registration of a contractor who has been
certified by the department of social and health services as
(2002 Ed.)
Registration of Contractors
a person who is not in compliance with a support order or a
*residential or visitation order as provided in RCW
74.20A.320. The certificate of registration shall not be
reissued or renewed unless the person provides to the department a release from the department of social and health
services stating that he or she is in compliance with the
order and the person has continued to meet all other requirements for certification during the suspension. [2001 c
159 § 5. Prior: 1997 c 314 § 6; 1997 c 58 § 817; 1983 1st
ex.s. c 2 § 19; 1977 ex.s. c 61 § 1; 1963 c 77 § 6.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.27.065 Partnership or joint venture deemed
registered, when. A partnership or joint venture shall be
deemed registered under this chapter if any one of the
general partners or venturers whose name appears in the
name under which the partnership or venture does business
is registered. [1983 1st ex.s. c 2 § 16.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.070 Fees. The department shall charge fees for
issuance, renewal, and reinstatement of certificates of
registration; and changes of name, address, or business
structure. The department shall set the fees by rule.
The entire amount of the fees are to be used solely to
cover the full cost of issuing certificates, filing papers and
notices, and administering and enforcing this chapter. The
costs shall include reproduction, travel, per diem, and
administrative and legal support costs. [1997 c 314 § 7;
1983 c 74 § 1; 1977 ex.s. c 66 § 1; 1973 1st ex.s. c 153 §
5; 1967 c 126 § 2; 1963 c 77 § 7.]
Effective date—1977 ex.s. c 66: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977." [1977 ex.s. c 66 § 2.]
18.27.075 Fees for issuing or renewing certificate of
registration. The department shall charge a fee of one
hundred dollars for issuing or renewing a certificate of
registration during the 2001-2003 biennium. The department
shall revise this amount at least once every two years for the
purpose of recognizing economic changes as reflected by the
fiscal growth factor under chapter 43.135 RCW. [2001 c
159 § 14; 1983 c 74 § 2.]
18.27.080 Registration prerequisite to suit. No
person engaged in the business or acting in the capacity of
a contractor may bring or maintain any action in any court
of this state for the collection of compensation for the performance of any work or for breach of any contract for
which registration is required under this chapter without
(2002 Ed.)
18.27.060
alleging and proving that he was a duly registered contractor
and held a current and valid certificate of registration at the
time he contracted for the performance of such work or
entered into such contract. For the purposes of this section,
the court shall not find a contractor in substantial compliance
with the registration requirements of this chapter unless: (1)
The department has on file the information required by RCW
18.27.030; (2) the contractor has a current bond or other
security as required by RCW 18.27.040; and (3) the contractor has current insurance as required by RCW 18.27.050. In
determining under this section whether a contractor is in
substantial compliance with the registration requirements of
this chapter, the court shall take into consideration the length
of time during which the contractor did not hold a valid
certificate of registration. [1988 c 285 § 2; 1972 ex.s. c 118
§ 3; 1963 c 77 § 8.]
18.27.090 Exemptions. The registration provisions of
this chapter do not apply to:
(1) An authorized representative of the United States
government, the state of Washington, or any incorporated
city, town, county, township, irrigation district, reclamation
district, or other municipal or political corporation or
subdivision of this state;
(2) Officers of a court when they are acting within the
scope of their office;
(3) Public utilities operating under the regulations of the
utilities and transportation commission in construction,
maintenance, or development work incidental to their own
business;
(4) Any construction, repair, or operation incidental to
the discovering or producing of petroleum or gas, or the
drilling, testing, abandoning, or other operation of any
petroleum or gas well or any surface or underground mine
or mineral deposit when performed by an owner or lessee;
(5) The sale or installation of any finished products,
materials, or articles of merchandise that are not actually
fabricated into and do not become a permanent fixed part of
a structure;
(6) Any construction, alteration, improvement, or repair
of personal property performed by the registered or legal
owner, or by a mobile/manufactured home retail dealer or
manufacturer licensed under chapter 46.70 RCW who shall
warranty service and repairs under chapter 46.70 RCW;
(7) Any construction, alteration, improvement, or repair
carried on within the limits and boundaries of any site or
reservation under the legal jurisdiction of the federal government;
(8) Any person who only furnished materials, supplies,
or equipment without fabricating them into, or consuming
them in the performance of, the work of the contractor;
(9) Any work or operation on one undertaking or project
by one or more contracts, the aggregate contract price of
which for labor and materials and all other items is less than
five hundred dollars, such work or operations being considered as of a casual, minor, or inconsequential nature. The
exemption prescribed in this subsection does not apply in
any instance wherein the work or construction is only a part
of a larger or major operation, whether undertaken by the
same or a different contractor, or in which a division of the
operation is made into contracts of amounts less than five
[Title 18 RCW—page 63]
18.27.090
Title 18 RCW: Businesses and Professions
hundred dollars for the purpose of evasion of this chapter or
otherwise. The exemption prescribed in this subsection does
not apply to a person who advertises or puts out any sign or
card or other device which might indicate to the public that
he or she is a contractor, or that he or she is qualified to
engage in the business of contractor;
(10) Any construction or operation incidental to the
construction and repair of irrigation and drainage ditches of
regularly constituted irrigation districts or reclamation
districts; or to farming, dairying, agriculture, viticulture,
horticulture, or stock or poultry raising; or to clearing or
other work upon land in rural districts for fire prevention
purposes; except when any of the above work is performed
by a registered contractor;
(11) An owner who contracts for a project with a
registered contractor, except that this exemption shall not
deprive the owner of the protections of this chapter against
registered and unregistered contractors;
(12) Any person working on his or her own property,
whether occupied by him or her or not, and any person
working on his or her personal residence, whether owned by
him or her or not but this exemption shall not apply to any
person otherwise covered by this chapter who constructs an
improvement on his or her own property with the intention
and for the purpose of selling the improved property;
(13) Owners of commercial properties who use their
own employees to do maintenance, repair, and alteration
work in or upon their own properties;
(14) A licensed architect or civil or professional
engineer acting solely in his or her professional capacity, an
electrician licensed under the laws of the state of Washington, or a plumber licensed under the laws of the state of
Washington or licensed by a political subdivision of the state
of Washington while operating within the boundaries of such
political subdivision. The exemption provided in this
subsection is applicable only when the licensee is operating
within the scope of his or her license;
(15) Any person who engages in the activities herein
regulated as an employee of a registered contractor with
wages as his or her sole compensation or as an employee
with wages as his or her sole compensation;
(16) Contractors on highway projects who have been
prequalified as required by RCW 47.28.070, with the
department of transportation to perform highway construction, reconstruction, or maintenance work;
(17) A mobile/manufactured home dealer or manufacturer who subcontracts the installation, set-up, or repair work to
actively registered contractors. This exemption only applies
to the installation, set-up, or repair of the mobile/manufactured homes that were manufactured or sold by
the mobile/manufactured home dealer or manufacturer.
[2001 c 159 § 7; 1997 c 314 § 8; 1987 c 313 § 1; 1983 c 4
§ 1; 1980 c 68 § 2; 1974 ex.s. c 25 § 2. Prior: 1973 1st
ex.s. c 161 § 1; 1973 1st ex.s. c 153 § 6; 1967 c 126 § 3;
1965 ex.s. c 170 § 50; 1963 c 77 § 9.]
18.27.100 Business practices—Advertising—Penalty.
(1) Except as provided in RCW 18.27.065 for partnerships
and joint ventures, no person who has registered under one
name as provided in this chapter shall engage in the busi-
[Title 18 RCW—page 64]
ness, or act in the capacity, of a contractor under any other
name unless such name also is registered under this chapter.
(2) All advertising and all contracts, correspondence,
cards, signs, posters, papers, and documents which show a
contractor’s name or address shall show the contractor’s
name or address as registered under this chapter.
(3)(a) All advertising that shows the contractor’s name
or address shall show the contractor’s current registration
number. The registration number may be omitted in an
alphabetized listing of registered contractors stating only the
name, address, and telephone number: PROVIDED, That
signs on motor vehicles subject to RCW 46.16.010 and onpremise signs shall not constitute advertising as provided in
this section. All materials used to directly solicit business
from retail customers who are not businesses shall show the
contractor’s current registration number. A contractor shall
not use a false or expired registration number in purchasing
or offering to purchase an advertisement for which a
contractor registration number is required. Advertising by
airwave transmission shall not be subject to this subsection
(3)(a).
(b) The director may issue a subpoena to any person or
entity selling any advertising subject to this section for the
name, address, and telephone number provided to the seller
of the advertising by the purchaser of the advertising. The
subpoena must have enclosed a stamped, self-addressed
envelope and blank form to be filled out by the seller of the
advertising. If the seller of the advertising has the information on file, the seller shall, within a reasonable time, return
the completed form to the department. The subpoena must
be issued no more than two days after the expiration of the
issue or publication containing the advertising or after the
broadcast of the advertising. The good-faith compliance by
a seller of advertising with a written request of the department for information concerning the purchaser of advertising
shall constitute a complete defense to any civil or criminal
action brought against the seller of advertising arising from
such compliance. Advertising by airwave or electronic
transmission is subject to this subsection (3)(b).
(4) No contractor shall advertise that he or she is
bonded and insured because of the bond required to be filed
and sufficiency of insurance as provided in this chapter.
(5) A contractor shall not falsify a registration number
and use it, or use an expired registration number, in connection with any solicitation or identification as a contractor.
All individual contractors and all partners, associates, agents,
salesmen, solicitors, officers, and employees of contractors
shall use their true names and addresses at all times while
engaged in the business or capacity of a contractor or
activities related thereto.
(6) Any advertising by a person, firm, or corporation
soliciting work as a contractor when that person, firm, or
corporation is not registered pursuant to this chapter is a
violation of this chapter.
(7)(a) The finding of a violation of this section by the
director at a hearing held in accordance with the Administrative Procedure Act, chapter 34.05 RCW, shall subject the
person committing the violation to a penalty of not more
than ten thousand dollars as determined by the director.
(b) Penalties under this section shall not apply to a
violation determined to be an inadvertent error. [2001 c 159
§ 8; 1997 c 314 § 9; 1996 c 147 § 2; 1993 c 454 § 3; 1990
(2002 Ed.)
Registration of Contractors
c 46 § 1; 1987 c 362 § 3; 1980 c 68 § 1; 1979 ex.s. c 116
§ 1; 1963 c 77 § 10.]
Effective date—1996 c 147 § 2: "Section 2 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [March 25, 1996]." [1996 c 147 § 10.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1979 ex.s. c 116: "The provisions of this 1979
amendatory act shall become effective on January 1, 1980." [1979 ex.s. c
116 § 2.]
18.27.102 Unlawful advertising—Liability. When
determining a violation of RCW 18.27.100, the director and
administrative law judge shall hold responsible the person
who purchased or offered to purchase the advertising. [1993
c 454 § 4; 1987 c 362 § 4.]
Finding—1993 c 454: See note following RCW 18.27.010.
18.27.104 Unlawful advertising—Citations. (1) If,
upon investigation, the director or the director’s designee has
probable cause to believe that a person holding a registration,
an applicant for registration, or a person acting in the
capacity of a contractor who is not otherwise exempted from
this chapter, has violated RCW 18.27.100 by unlawfully
advertising for work covered by this chapter, the department
may issue a citation containing an order of correction. Such
order shall require the violator to cease the unlawful advertising.
(2) If the person to whom a citation is issued under
subsection (1) of this section notifies the department in
writing that he or she contests the citation, the department
shall afford an opportunity for an adjudicative proceeding
under chapter 34.05 RCW within thirty days after receiving
the notification. [1997 c 314 § 10; 1989 c 175 § 61; 1987
c 362 § 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.27.110 Building permits—Verification of registration required—Responsibilities of issuing entity—
Penalties. (1) No city, town or county shall issue a construction building permit for work which is to be done by
any contractor required to be registered under this chapter
without verification that such contractor is currently registered as required by law. When such verification is made,
nothing contained in this section is intended to be, nor shall
be construed to create, or form the basis for any liability
under this chapter on the part of any city, town or county, or
its officers, employees or agents. However, failure to verify
the contractor registration number results in liability to the
city, town, or county to a penalty to be imposed according
to RCW 18.27.100(7)(a).
(2) At the time of issuing the building permit, all cities,
towns, or counties are responsible for:
(a) Printing the contractor registration number on the
building permit; and
(b) Providing a written notice to the building permit
applicant informing them of contractor registration laws and
the potential risk and monetary liability to the homeowner
for using an unregistered contractor.
(3) If a building permit is obtained by an applicant or
contractor who falsifies information to obtain an exemption
provided under RCW 18.27.090, the building permit shall be
(2002 Ed.)
18.27.100
forfeited. [1997 c 314 § 11; 1993 c 454 § 5; 1986 c 197 §
14; 1967 c 126 § 4.]
Finding—1993 c 454: See note following RCW 18.27.010.
18.27.111 Public works, contracts with unregistered
contractors prohibited. See RCW 39.06.010.
18.27.114 Disclosure statement required—
Prerequisite to lien claim. (1) Any contractor agreeing to
perform any contracting project: (a) For the repair, alteration, or construction of four or fewer residential units or
accessory structures on such residential property when the
bid or contract price totals one thousand dollars or more; or
(b) for the repair, alteration, or construction of a commercial
building when the bid or contract price totals one thousand
dollars or more but less than sixty thousand dollars, must
provide the customer with the following disclosure statement
in substantially the following form using lower case and
upper case twelve-point and bold type where appropriate,
prior to starting work on the project:
"NOTICE TO CUSTOMER
This contractor is registered with the state of
Washington, registration no. . . ., and has posted
with the state a bond or deposit of . . . . . for the
purpose of satisfying claims against the contractor
for breach of contract including negligent or improper work in the conduct of the contractor’s
business. The expiration date of this contractor’s
registration is . . . . ..
THIS BOND OR DEPOSIT MIGHT NOT BE
SUFFICIENT TO COVER A CLAIM THAT
MIGHT ARISE FROM THE WORK DONE
UNDER YOUR CONTRACT.
This bond or deposit is not for your exclusive use
because it covers all work performed by this
contractor. The bond or deposit is intended to pay
valid claims up to . . . . . that you and other customers, suppliers, subcontractors, or taxing authorities may have.
FOR GREATER PROTECTION YOU MAY
WITHHOLD A PERCENTAGE OF YOUR
CONTRACT.
You may withhold a contractually defined percentage of your construction contract as retainage
for a stated period of time to provide protection to
you and help insure that your project will be
completed as required by your contract.
YOUR PROPERTY MAY BE LIENED.
If a supplier of materials used in your construction
project or an employee or subcontractor of your
contractor or subcontractors is not paid, your
property may be liened to force payment and you
could pay twice for the same work.
FOR ADDITIONAL PROTECTION, YOU
MAY REQUEST THE CONTRACTOR TO
PROVIDE YOU WITH ORIGINAL "LIEN
RELEASE" DOCUMENTS FROM EACH
[Title 18 RCW—page 65]
18.27.114
Title 18 RCW: Businesses and Professions
SUPPLIER OR SUBCONTRACTOR ON YOUR
PROJECT.
The contractor is required to provide you with
further information about lien release documents if
you request it. General information is also available from the state Department of Labor and
Industries."
(2) A contractor subject to this section shall notify any
consumer to whom notice is required under subsection (1) of
this section if the contractor’s registration has expired or is
revoked or suspended by the department prior to completion
or other termination of the contract with the consumer.
(3) No contractor subject to this section may bring or
maintain any lien claim under chapter 60.04 RCW based on
any contract to which this section applies without alleging
and proving that the contractor has provided the customer
with a copy of the disclosure statement as required in
subsection (1) of this section.
(4) This section does not apply to contracts authorized
under chapter 39.04 RCW or to contractors contracting with
other contractors.
(5) Failure to comply with this section shall constitute
an infraction under the provisions of this chapter.
(6) The department shall produce model disclosure
statements, and public service announcements detailing the
information needed to assist contractors and contractors’
customers to comply under this section. As necessary, the
department shall periodically update these education materials. [2001 c 159 § 9; 1997 c 314 § 12; 1988 c 182 § 1;
1987 c 419 § 1.]
Voluntary compliance with notification requirements: "Nothing in
RCW 18.27.114 shall be construed to prohibit a contractor from voluntarily
complying with the notification requirements of that section which take
effect July 1, 1989, prior to that date." [1988 c 182 § 2.]
18.27.117
Violations relating to mobile/manufactured homes. The legislature finds that setting
up and siting mobile/manufactured homes must be done
properly for the health, safety, and enjoyment of the occupants. Therefore, when any of the following cause a health
and safety risk to the occupants of a mobile/manufactured
home, or severely hinder the use and enjoyment of the
mobile/manufactured home, a violation of RCW 19.86.020
shall have occurred:
(1) The mobile/manufactured home has been improperly
installed by a contractor registered under chapter 18.27
RCW, or a mobile/manufactured dealer or manufacturer
licensed under chapter 46.70 RCW;
(2) A warranty given under chapter 18.27 RCW or
chapter 46.70 RCW has not been fulfilled by the person or
business giving the warranty; and
(3) A bonding company that issues a bond under chapter
18.27 RCW or chapter 46.70 RCW does not reasonably and
professionally investigate and resolve claims made by injured
parties. [1997 c 314 § 13; 1987 c 313 § 2.]
18.27.120 List of registered contractors—
Availability, fee. (1) The department shall compile a list of
all contractors registered under this chapter and update the
list at least bimonthly. The list shall be considered as public
record information and shall be available to the public upon
[Title 18 RCW—page 66]
request: PROVIDED, That the department may charge a
reasonable fee under RCW 42.17.300.
(2) The department shall inform any person, firm, or
corporation, if a contractor is registered, and if a contractor
is bonded or insured, without charge except for a reasonable
fee under RCW 42.17.300 for copies made. [1983 1st ex.s.
c 2 § 20; 1973 1st ex.s. c 153 § 7; 1972 ex.s. c 118 § 5.]
Fees, generally: RCW 18.27.070.
18.27.125 Rules. The director shall adopt rules in
compliance with chapter 34.05 RCW to effect the purposes
of this chapter. [1986 c 197 § 12.]
18.27.130 Chapter exclusive—Certain authority of
cities and towns not limited or abridged. The provisions
of this chapter relating to the registration or licensing of any
person, firm, or corporation, including the requirement of a
bond with the state of Washington named as obligee therein
and the collection of a fee therefor, shall be exclusive and no
political subdivision of the state of Washington shall require
or issue any registrations, licenses, or bonds nor charge any
fee for the same or a similar purpose: PROVIDED, That
nothing herein shall limit or abridge the authority of any city
or town to levy and collect a general and nondiscriminatory
license fee levied upon all businesses, or to levy a tax based
upon gross business conducted by any firm within said city:
PROVIDED, FURTHER, That nothing herein shall limit the
authority of any city or town with respect to contractors not
required to be registered under this chapter. [1972 ex.s. c
118 § 4.]
18.27.140 Purpose. It is the purpose of this chapter
to afford protection to the public including all persons, firms,
and corporations furnishing labor, materials, or equipment to
a contractor from unreliable, fraudulent, financially irresponsible, or incompetent contractors. [1983 1st ex.s. c 2 § 21;
1973 1st ex.s. c 161 § 2.]
18.27.200 Violation—Infraction. (1) It is a violation
of this chapter and an infraction for any contractor to:
(a) Advertise, offer to do work, submit a bid, or perform
any work as a contractor without being registered as required
by this chapter;
(b) Advertise, offer to do work, submit a bid, or
perform any work as a contractor when the contractor’s
registration is suspended or revoked;
(c) Transfer a valid registration to an unregistered
contractor or allow an unregistered contractor to work under
a registration issued to another contractor; or
(d) If the contractor is a contractor as defined in RCW
18.106.010, violate RCW 18.106.320.
(2) Each day that a contractor works without being
registered as required by this chapter, works while the
contractor’s registration is suspended or revoked, or works
under a registration issued to another contractor is a separate
infraction. Each worksite at which a contractor works
without being registered as required by this chapter, works
while the contractor’s registration is suspended or revoked,
or works under a registration issued to another contractor is
a separate infraction. [2002 c 82 § 6; 1997 c 314 § 14;
1993 c 454 § 7; 1983 1st ex.s. c 2 § 1.]
(2002 Ed.)
Registration of Contractors
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: "Sections 1 through 17 of this act
shall take effect January 1, 1984." [1983 1st ex.s. c 2 § 24.]
Prohibited acts—Criminal penalties: RCW 18.27.020.
18.27.210 Violations—Investigations—Evidence. (1)
The director shall appoint compliance inspectors to investigate alleged or apparent violations of this chapter. The
director, or authorized compliance inspector, upon presentation of appropriate credentials, may inspect and investigate
job sites at which a contractor had bid or presently is
working to determine whether the contractor is registered in
accordance with this chapter or the rules adopted under this
chapter or whether there is a violation of RCW 18.27.200.
Upon request of the compliance inspector of the department,
a contractor or an employee of the contractor shall provide
information identifying the contractor.
(2) If the employee of an unregistered contractor is cited
by a compliance inspector, that employee is cited as the
agent of the employer-contractor, and issuance of the
infraction to the employee is notice to the employer-contractor that the contractor is in violation of this chapter. An
employee who is cited by a compliance inspector shall not
be liable for any of the alleged violations contained in the
citation unless the employee is also the contractor. [1993 c
454 § 8; 1987 c 419 § 2; 1986 c 197 § 2; 1983 1st ex.s. c 2
§ 2.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.220 Investigations—Penalty for failure to
identify contractor. Wilful refusal to provide information
identifying a contractor as required by RCW 18.27.210 is a
misdemeanor. [1983 1st ex.s. c 2 § 12.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.225 Violations—Restraining orders—
Injunctions. (1) If, upon inspection or investigation, the
director or authorized compliance inspector reasonably
believes that a contractor has failed to register in accordance
with this chapter or the rules adopted under this chapter, the
director shall issue an order immediately restraining further
construction work at the job site by the contractor. The
order shall describe the specific violation that necessitated
issuance of the restraining order. The contractor or representative to whom the restraining order is directed may request
a hearing before an administrative law judge, such hearing
to be conducted pursuant to chapter 34.05 RCW. A request
for hearing shall not stay the effect of the restraining order.
(2) In addition to and after having invoked the powers
of restraint vested in the director as provided in subsection
(1) of this section, the director, through the attorney general,
may petition the superior court of the state of Washington to
enjoin any activity in violation of this chapter. A prima
facie case for issuance of an injunction shall be established
by affidavits and supporting documentation demonstrating
that a restraining order was served upon the contractor and
that the contractor continued to work after service of the
order. Upon the filing of the petition, the superior court
(2002 Ed.)
18.27.200
shall have jurisdiction to grant injunctive or other appropriate
relief, pending the outcome of enforcement proceedings
under this chapter, or to enforce restraining orders issued by
the director. If the contractor fails to comply with any court
order, the director shall request the attorney general to
petition the superior court for an order holding the contractor
in contempt of court and for any other appropriate relief.
[1987 c 419 § 3.]
18.27.230 Notice of infraction—Service. The
department may issue a notice of infraction if the department
reasonably believes that the contractor has committed an
infraction under this chapter. A notice of infraction issued
under this section shall be personally served on the contractor named in the notice by the department’s compliance
inspectors or service can be made by certified mail directed
to the contractor named in the notice of infraction. If the
contractor named in the notice of infraction is a firm or
corporation, the notice may be personally served on any
employee of the firm or corporation. If a notice of infraction is personally served upon an employee of a firm or corporation, the department shall within four days of service
send a copy of the notice by certified mail to the contractor
if the department is able to obtain the contractor’s address.
[1997 c 314 § 15; 1993 c 454 § 9; 1986 c 197 § 3; 1983 1st
ex.s. c 2 § 3.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.240 Notice—Form—Contents. The form of
the notice of infraction issued under this chapter shall
include the following:
(1) A statement that the notice represents a determination that the infraction has been committed by the contractor
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(2) A statement that the infraction is a noncriminal
offense for which imprisonment shall not be imposed as a
sanction;
(3) A statement of the specific violation which necessitated issuance of the infraction;
(4) A statement of penalty involved if the infraction is
established;
(5) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(6) A statement that at any hearing to contest the notice
of infraction the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed; and that the contractor may subpoena witnesses,
including the compliance inspector of the department who
issued and served the notice of infraction;
(7) A statement, which the person who has been served
with the notice of infraction shall sign, that the contractor
promises to respond to the notice of infraction in one of the
ways provided in this chapter;
(8) A statement that refusal to sign the infraction as
directed in subsection (7) of this section is a misdemeanor
and may be punished by a fine or imprisonment in jail; and
[Title 18 RCW—page 67]
18.27.240
Title 18 RCW: Businesses and Professions
(9) A statement that a contractor’s failure to respond to
a notice of infraction as promised is a misdemeanor and may
be punished by a fine or imprisonment in jail. [1986 c 197
§ 4; 1983 1st ex.s. c 2 § 5.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.250 Notice—Filing—Administrative hearing—
Appeal. A violation designated as an infraction under this
chapter shall be heard and determined by an administrative
law judge of the office of administrative hearings. If a party
desires to contest the notice of infraction, the party shall file
a notice of appeal with the department, within twenty days
of issuance of the infraction. The administrative law judge
shall conduct hearings in these cases at locations in the
county where the infraction occurred. [1986 c 197 § 5; 1983
1st ex.s. c 2 § 4.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
(7) If a contractor who is issued a notice of infraction
is a contractor who has failed to register as a contractor
under this chapter, the contractor is subject to a monetary
penalty per infraction as provided in the schedule of penalties established by the department, and each day the person
works without becoming registered is a separate infraction.
[2000 c 171 § 9; 1997 c 314 § 16; 1986 c 197 § 6; 1983 1st
ex.s. c 2 § 7.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.280 Notice—Penalty for person refusing to
promise to respond. It is a misdemeanor for any person
who has been personally served with a notice of infraction
to refuse to sign a written promise to respond to the notice.
[1983 1st ex.s. c 2 § 10.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.260 Notice—Determination infraction committed. Unless contested in accordance with this chapter, the
notice of infraction represents a determination that the
contractor to whom the notice was issued committed the
infraction. [1983 1st ex.s. c 2 § 6.]
18.27.290 Notice—Penalty for contractor failing to
respond. It is a misdemeanor for a contractor who has been
personally served with a notice of infraction to wilfully
violate the written promise to respond to a notice of infraction as provided in this chapter, regardless of the ultimate
disposition of the infraction. [1983 1st ex.s. c 2 § 11.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.270 Notice—Response—Failure to respond,
appear, pay penalties, or register. (1) A contractor who is
issued a notice of infraction shall respond within twenty days
of the date of issuance of the notice of infraction.
(2) If the contractor named in the notice of infraction
does not elect to contest the notice of infraction, then the
contractor shall pay to the department, by check or money
order, the amount of the penalty prescribed for the infraction.
When a response which does not contest the notice of
infraction is received by the department with the appropriate
penalty, the department shall make the appropriate entry in
its records.
(3) If the contractor named in the notice of infraction
elects to contest the notice of infraction, the contractor shall
respond by filing an answer of protest with the department
specifying the grounds of protest.
(4) If any contractor issued a notice of infraction fails
to respond within the prescribed response period, the
contractor shall be guilty of a misdemeanor and prosecuted
in the county where the infraction occurred.
(5) After final determination by an administrative law
judge that an infraction has been committed, a contractor
who fails to pay a monetary penalty within thirty days, that
is not waived pursuant to RCW 18.27.340(2), and who fails
to file an appeal pursuant to RCW 18.27.310(4), shall be
guilty of a misdemeanor and be prosecuted in the county
where the infraction occurred.
(6) A contractor who fails to pay a monetary penalty
within thirty days after exhausting appellate remedies
pursuant to RCW 18.27.310(4), shall be guilty of a misdemeanor and be prosecuted in the county where the infraction
occurred.
18.27.300 Representation by attorney, attorney
general. A contractor subject to proceedings under this
chapter may appear or be represented by counsel. The department shall be represented by the attorney general in
administrative proceedings and any subsequent appeals under
this chapter. [1986 c 197 § 7; 1983 1st ex.s. c 2 § 8.]
[Title 18 RCW—page 68]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.310 Infraction—Administrative hearing—
Procedure—Burden of proof—Order—Appeal. (1) The
administrative law judge shall conduct contractors’ notice of
infraction cases pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of
the evidence. The notice of infraction shall be dismissed if
the defendant establishes that, at the time the work was
performed, the defendant was registered by the department,
without suspension, or was exempt from registration.
(3) After consideration of the evidence and argument,
the administrative law judge shall determine whether the
infraction was committed. If it has not been established that
the infraction was committed, an order dismissing the notice
shall be entered in the record of the proceedings. If it has
been established that the infraction was committed, the
administrative law judge shall issue findings of fact and
conclusions of law in its decision and order determining
whether the infraction was committed.
(4) An appeal from the administrative law judge’s
determination or order shall be to the superior court. The
decision of the superior court is subject only to discretionary
review pursuant to Rule 2.3 of the Rules of Appellate Proce-
(2002 Ed.)
Registration of Contractors
dure. [2001 c 159 § 10; 1993 c 454 § 10; 1986 c 197 § 8;
1983 1st ex.s. c 2 § 9.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.320 Infraction—Dismissal, when. The administrative law judge shall dismiss the notice of infraction at
any time upon written notification from the department that
the contractor named in the notice of infraction was registered, without suspension, at the time the work was performed. [2001 c 159 § 11; 1993 c 454 § 11; 1986 c 197 §
9; 1983 1st ex.s. c 2 § 13.]
Finding—1993 c 454: See note following RCW 18.27.010.
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.340 Infraction—Monetary penalty. (1) Except
as otherwise provided in subsection (3) of this section, a
contractor found to have committed an infraction under
RCW 18.27.200 shall be assessed a monetary penalty of not
less than two hundred dollars and not more than five
thousand dollars.
(2) The director may waive collection in favor of
payment of restitution to a consumer complainant.
(3) A contractor found to have committed an infraction
under RCW 18.27.200 for failure to register shall be assessed a fine of not less than one thousand dollars, nor more
than five thousand dollars. The director may reduce the
penalty for failure to register, but in no case below five
hundred dollars, if the person becomes registered within ten
days of receiving a notice of infraction and the notice of
infraction is for a first offense.
(4) Monetary penalties collected under this chapter shall
be deposited in the general fund. [1997 c 314 § 17; 1986 c
197 § 10; 1983 1st ex.s. c 2 § 15.]
Effective date—1983 1st ex.s. c 2: See note following RCW
18.27.200.
18.27.342 Report to the legislature. Beginning
December 1, 1997, the department shall report by December
1st each year to the commerce and labor committees of the
senate and house of representatives and the ways and means
committee of the senate and the appropriations committee of
the house of representatives, or successor committees, the
following information for the previous three fiscal years:
(1) The number of contractors found to have committed
an infraction for failure to register;
(2) The number of contractors identified in subsection
(1) of this section who were assessed a monetary penalty and
the amount of the penalties assessed;
(3) The amount of the penalties reported in subsection
(2) of this section that was collected; and
(4) The amount of the penalties reported in subsection
(2) of this section that was waived. [1997 c 314 § 19.]
18.27.350 Violations—Consumer Protection Act.
The consumers of this state have a right to be protected from
unfair or deceptive acts or practices when they enter into
contracts with contractors. The fact that a contractor is
found to have committed a misdemeanor or infraction under
(2002 Ed.)
18.27.310
this chapter shall be deemed to affect the public interest and
shall constitute a violation of chapter 19.86 RCW. The
surety bond shall not be liable for monetary penalties or
violations of chapter 19.86 RCW. [1986 c 197 § 11.]
18.27.360 Certificate of registration suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration of any person who has been certified by a lending
agency and reported to the director for nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. Prior to the suspension, the
agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on
a federally or state-guaranteed educational loan or serviceconditional scholarship. The person’s certificate of registration shall not be reissued until the person provides the
director a written release issued by the lending agency
stating that the person is making payments on the loan in
accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all
other requirements for certification of registration during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the director
may impose. [1996 c 293 § 7.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.27.370 Unregistered contractor—Defaults in
payment—Notice of assessment—Warrant—Notice and
order, withhold property—Service—Civil penalties. (1)
If an unregistered contractor defaults in a payment, penalty,
or fine due to the department, the director or the director’s
designee may issue a notice of assessment certifying the
amount due. The notice must be served upon the unregistered contractor by mailing the notice to the unregistered
contractor by certified mail to the unregistered contractor’s
last known address or served in the manner prescribed for
the service of a summons in a civil action.
(2) A notice of assessment becomes final thirty days
from the date the notice was served upon the unregistered
contractor unless a written request for reconsideration is filed
with the department or an appeal is filed in a court of competent jurisdiction in the manner specified in RCW
34.05.510 through 34.05.598. The request for reconsideration must set forth with particularity the reason for the
unregistered contractor’s request. The department, within
thirty days after receiving a written request for reconsideration, may modify or reverse a notice of assessment, or may
hold a notice of assessment in abeyance pending further
investigation. If a final decision of a court in favor of the
department is not appealed within the time allowed by law,
then the amount of the unappealed assessment, or such
amount of the assessment as is found due by the final
decision of the court, is final.
(3) The director or the director’s designee may file with
the clerk of any county within the state, a warrant in the
amount of the notice of assessment, plus interest, penalties,
and a filing fee of twenty dollars. The clerk of the county
in which the warrant is filed shall immediately designate a
superior court cause number for the warrant, and the clerk
[Title 18 RCW—page 69]
18.27.370
Title 18 RCW: Businesses and Professions
shall cause to be entered in the judgment docket under the
superior court cause number assigned to the warrant, the
name of the unregistered contractor mentioned in the
warrant, the amount of payment, penalty, fine due on it, or
filing fee, and the date when the warrant was filed. The
aggregate amount of the warrant as docketed shall become
a lien upon the title to, and interest in, all real and personal
property of the unregistered contractor against whom the
warrant is issued, the same as a judgment in a civil case
docketed in the office of the clerk. The sheriff shall proceed
upon the warrant in all respects and with like effect as
prescribed by law with respect to execution or other process
issued against rights or property upon judgment in a court of
competent jurisdiction. The warrant so docketed is sufficient
to support the issuance of writs of garnishment in favor of
the state in a manner provided by law in case of judgment,
wholly or partially unsatisfied. The clerk of the court is
entitled to a filing fee which will be added to the amount of
the warrant. A copy of the warrant shall be mailed to the
unregistered contractor within three days of filing with the
clerk.
(4) The director or the director’s designee may issue to
any person, firm, corporation, other entity, municipal
corporation, political subdivision of the state, a public
corporation, or any agency of the state, a notice and order to
withhold and deliver property of any kind whatsoever when
he or she has reason to believe that there is in the possession
of the person, firm, corporation, other entity, municipal
corporation, political subdivision of the state, public corporation, or agency of the state, property that is or will become
due, owing, or belonging to an unregistered contractor upon
whom a notice of assessment has been served by the
department for payments, penalties, or fines due to the
department. The effect of a notice and order is continuous
from the date the notice and order is first made until the
liability out of which the notice and order arose is satisfied
or becomes unenforceable because of lapse of time. The
department shall release the notice and order when the
liability out of which the notice and order arose is satisfied
or becomes unenforceable by reason of lapse of time and
shall notify the person against whom the notice and order
was made that the notice and order has been released.
The notice and order to withhold and deliver must be
served by the sheriff of the county or by the sheriff’s deputy,
by certified mail, return receipt requested, or by an authorized representative of the director. A person, firm, corporation, other entity, municipal corporation, political subdivision
of the state, public corporation, or agency of the state upon
whom service has been made shall answer the notice within
twenty days exclusive of the day of service, under oath and
in writing, and shall make true answers to the matters
inquired of in the notice and order. Upon service of the
notice and order, if the party served possesses any property
that may be subject to the claim of the department, the party
shall promptly deliver the property to the director or the
director’s authorized representative. The director shall hold
the property in trust for application on the unregistered
contractor’s indebtedness to the department, or for return
without interest, in accordance with a final determination of
a petition for review. In the alternative, the party shall
furnish a good and sufficient surety bond satisfactory to the
director conditioned upon final determination of liability. If
[Title 18 RCW—page 70]
a party served and named in the notice fails to answer the
notice within the time prescribed in this section, the court
may render judgment by default against the party for the full
amount claimed by the director in the notice, together with
costs. If a notice is served upon an unregistered contractor
and the property subject to it is wages, the unregistered
contractor may assert in the answer all exemptions provided
for by chapter 6.27 RCW to which the wage earner is
entitled.
(5) In addition to the procedure for collection of a
payment, penalty, or fine due to the department as set forth
in this section, the department may recover civil penalties
imposed under this chapter in a civil action in the name of
the department brought in a court of competent jurisdiction
of the county where the violation is alleged to have occurred.
[2001 c 159 § 6.]
18.27.380 Consumer/contractor awareness of
chapter. (1) The department shall use reasonable means,
including working cooperatively with construction industry,
financial institution, local government, consumer, media, and
other interested organizations and individuals, to increase:
(a) Consumer awareness of the requirements of this
chapter and the methods available to consumers to protect
themselves against loss; and
(b) Contractor awareness of the obligations imposed on
contractors by this chapter.
(2) The department shall accomplish the tasks listed in
this section within existing resources, including but not
limited to fees charged under RCW 18.27.075. [2001 c 159
§ 12.]
18.27.390 Finding—Unregistered contractors
enforcement team. (1) The legislature finds that it is
contrary to public policy to allow unregistered contractors to
continue doing business illegally.
(2) The department of labor and industries, the employment security department, and the department of revenue
shall establish an unregistered contractors enforcement team.
The team shall develop a written plan to coordinate the
activities of the participating agencies to enforce the state’s
contractor registration laws and rules and other state laws
and rules deemed appropriate by the team. In developing
the plan, the team shall seek the input and advice of interested stakeholders who support the work of the team.
(3) The director or the director’s designee shall call the
initial meeting of the unregistered contractors enforcement
team by September 1, 2001. The team shall complete the
plan and forward it to the appropriate standing committees
of the legislature and to the departments that contribute
members to the team by December 1, 2001.
(4) The department of labor and industries, the employment security department, and the department of revenue
shall accomplish the tasks listed in this section within
existing resources, including but not limited to fees charged
under RCW 18.27.075. [2001 c 159 § 13.]
18.27.900 Severability—1963 c 77. If any provision
of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the chapter and the
(2002 Ed.)
Registration of Contractors
applicability thereof to other persons and circumstances shall
not be affected thereby. [1963 c 77 § 11.]
Chapter 18.28
DEBT ADJUSTING
Sections
18.28.010
18.28.080
18.28.090
18.28.100
18.28.110
18.28.120
18.28.130
18.28.140
18.28.150
18.28.165
18.28.180
18.28.185
18.28.190
18.28.200
18.28.210
18.28.220
18.28.900
18.28.910
Definitions.
Fees for debt adjusting services—Limitations—
Requirements.
Excess charges—Contract void—Return of payments.
Contract requirements.
Debt adjuster—Functions required to be performed.
Debt adjuster—Prohibited acts.
Legal services—Rendering or obtaining—Using name of
attorney—Prohibited.
Assignment of wages not prohibited.
Trust account for payments by debtor—Disbursements.
Investigations.
Administrative procedure act to govern administration.
Violations—Unfair practice under chapter 19.86 RCW.
Violations—Penalty.
Violations—Injunctions.
Violations—Assurance of discontinuance—Effect.
Violation of injunction—Civil penalty.
Saving prior contracts.
Severability—1967 c 201.
18.28.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the
following meanings:
(1) "Debt adjusting" means the managing, counseling,
settling, adjusting, prorating, or liquidating of the indebtedness of a debtor, or receiving funds for the purpose of
distributing said funds among creditors in payment or partial
payment of obligations of a debtor.
(2) "Debt adjuster", which includes any person known
as a debt pooler, debt manager, debt consolidator, debt
prorater, or credit counselor, is any person engaging in or
holding himself or herself out as engaging in the business of
debt adjusting for compensation. The term shall not include:
(a) Attorneys at law, escrow agents, accountants, brokerdealers in securities, or investment advisors in securities,
while performing services solely incidental to the practice of
their professions;
(b) Any person, partnership, association, or corporation
doing business under and as permitted by any law of this
state or of the United States relating to banks, consumer
finance businesses, consumer loan companies, trust companies, mutual savings banks, savings and loan associations,
building and loan associations, credit unions, crop credit
associations, development credit corporations, industrial
development corporations, title insurance companies, or
insurance companies;
(c) Persons who, as employees on a regular salary or
wage of an employer not engaged in the business of debt
adjusting, perform credit services for their employer;
(d) Public officers while acting in their official capacities and persons acting under court order;
(e) Any person while performing services incidental to
the dissolution, winding up or liquidation of a partnership,
corporation, or other business enterprise;
(2002 Ed.)
18.27.900
(f) Nonprofit organizations dealing exclusively with
debts owing from commercial enterprises to business
creditors;
(g) Nonprofit organizations engaged in debt adjusting
and which do not assess against the debtor a service charge
in excess of fifteen dollars per month.
(3) "Debt adjusting agency" is any partnership, corporation, or association engaging in or holding itself out as
engaging in the business of debt adjusting. [1999 c 151 §
101; 1979 c 156 § 1; 1970 ex.s. c 97 § 1; 1967 c 201 § 1.]
Part headings not law—1999 c 151: "Part headings used in this act
are not any part of the law." [1999 c 151 § 2401.]
Effective date—1999 c 151: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 151 § 2402.]
Effective date—1979 c 156: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1979." [1979 c 156 § 14.]
Severability—1979 c 156: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 c 156 § 13.]
18.28.080 Fees for debt adjusting services—
Limitations—Requirements. (1) By contract a debt
adjuster may charge a reasonable fee for debt adjusting
services. The total fee for debt adjusting services may not
exceed fifteen percent of the total debt listed by the debtor
on the contract. The fee retained by the debt adjuster from
any one payment made by or on behalf of the debtor may
not exceed fifteen percent of the payment. The debt adjuster
may make an initial charge of up to twenty-five dollars
which shall be considered part of the total fee. If an initial
charge is made, no additional fee may be retained which will
bring the total fee retained to date to more than fifteen
percent of the total payments made to date. No fee whatsoever shall be applied against rent and utility payments for
housing.
In the event of cancellation or default on performance
of the contract by the debtor prior to its successful completion, the debt adjuster may collect in addition to fees
previously received, six percent of that portion of the
remaining indebtedness listed on said contract which was
due when the contract was entered into, but not to exceed
twenty-five dollars.
(2) A debt adjuster shall not be entitled to retain any fee
until notifying all creditors listed by the debtor that the
debtor has engaged the debt adjuster in a program of debt
adjusting. [1999 c 151 § 102; 1979 c 156 § 4; 1967 ex.s. c
141 § 2; 1967 c 201 § 8.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.090 Excess charges—Contract void—Return
of payments. If a debt adjuster contracts for, receives or
makes any charge in excess of the maximums permitted by
this chapter, except as the result of an accidental and bona
fide error, the debt adjuster’s contract with the debtor shall
be void and the debt adjuster shall return to the debtor the
[Title 18 RCW—page 71]
18.28.090
Title 18 RCW: Businesses and Professions
amount of all payments received from the debtor or on the
debtor’s behalf and not distributed to creditors. [1999 c 151
§ 103; 1967 c 201 § 9.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
18.28.100 Contract requirements. Every contract
between a debt adjuster and a debtor shall:
(1) List every debt to be handled with the creditor’s
name and disclose the approximate total of all known debts;
(2) Provide in precise terms payments reasonably within
the ability of the debtor to pay;
(3) Disclose in precise terms the rate and amount of all
of the debt adjuster’s charges and fees;
(4) Disclose the approximate number and amount of
installments required to pay the debts in full;
(5) Disclose the name and address of the debt adjuster
and of the debtor;
(6) Provide that the debt adjuster shall notify the debtor,
in writing, within five days of notification to the debt
adjuster by a creditor that the creditor refuses to accept
payment pursuant to the contract between the debt adjuster
and the debtor;
(7) Contain the following notice in ten point boldface
type or larger directly above the space reserved in the
contract for the signature of the buyer: NOTICE TO
DEBTOR:
(a) Do not sign this contract before you read it or if any
spaces intended for the agreed terms are left blank.
(b) You are entitled to a copy of this contract at the
time you sign it.
(c) You may cancel this contract within three days of
signing by sending notice of cancellation by certified mail
return receipt requested to the debt adjuster at his or her
address shown on the contract, which notice shall be posted
not later than midnight of the third day (excluding Sundays
and holidays) following your signing of the contract; and
(8) Contain such other and further provisions or disclosures as are necessary for the protection of the debtor and
the proper conduct of business by the debt adjuster. [1999
c 151 § 104; 1979 c 156 § 5; 1967 c 201 § 10.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.110 Debt adjuster—Functions required to be
performed. Every debt adjuster shall perform the following
functions:
(1) Make a permanent record of all payments by
debtors, or on the debtors’ behalf, and of all disbursements
to creditors of such debtors, and shall keep and maintain in
this state all such records, and all payments not distributed
to creditors. No person shall intentionally make any false
entry in any such record, or intentionally mutilate, destroy or
otherwise dispose of any such record. Such records shall at
all times be open for inspection by the attorney general or
the attorney general’s authorized agent, and shall be preserved as original records or by microfilm or other methods
of duplication for at least six years after making the final
entry therein.
[Title 18 RCW—page 72]
(2) Deliver a completed copy of the contract between
the debt adjuster and a debtor to the debtor immediately after
the debtor executes the contract, and sign the debtor’s copy
of such contract.
(3) Unless paid by check or money order, deliver a
receipt to a debtor for each payment within five days after
receipt of such payment.
(4) Distribute to the creditors of the debtor at least once
each forty days after receipt of payment during the term of
the contract at least eighty-five percent of each payment
received from the debtor.
(5) At least once every month render an accounting to
the debtor which shall indicate the total amount received
from or on behalf of the debtor, the total amount paid to
each creditor, the total amount which any creditor has agreed
to accept as payment in full on any debt owed the creditor
by the debtor, the amount of charges deducted, and any
amount held in trust. The debt adjuster shall in addition
render such an account to a debtor within ten days after
written demand.
(6) Notify the debtor, in writing, within five days of
notification to the debt adjuster by a creditor that the creditor
refuses to accept payment pursuant to the contract between
the debt adjuster and the debtor. [1999 c 151 § 105; 1979
c 156 § 6; 1967 c 201 § 11.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.120 Debt adjuster—Prohibited acts. A debt
adjuster shall not:
(1) Take any contract, or other instrument which has
any blank spaces when signed by the debtor;
(2) Receive or charge any fee in the form of a promissory note or other promise to pay or receive or accept any
mortgage or other security for any fee, whether as to real or
personal property;
(3) Lend money or credit;
(4) Take any confession of judgment or power of
attorney to confess judgment against the debtor or appear as
the debtor in any judicial proceedings;
(5) Take, concurrent with the signing of the contract or
as a part of the contract or as part of the application for the
contract, a release of any obligation to be performed on the
part of the debt adjuster;
(6) Advertise services, display, distribute, broadcast or
televise, or permit services to be displayed, advertised,
distributed, broadcasted or televised in any manner whatsoever wherein any false, misleading or deceptive statement or
representation with regard to the services to be performed by
the debt adjuster, or the charges to be made therefor, is
made;
(7) Offer, pay, or give any cash, fee, gift, bonus,
premiums, reward, or other compensation to any person for
referring any prospective customer to the debt adjuster;
(8) Receive any cash, fee, gift, bonus, premium, reward,
or other compensation from any person other than the debtor
or a person in the debtor’s behalf in connection with his or
her activities as a debt adjuster; or
(9) Disclose to anyone the debtors who have contracted
with the debt adjuster; nor shall the debt adjuster disclose the
(2002 Ed.)
Debt Adjusting
creditors of a debtor to anyone other than: (a) The debtor;
or (b) another creditor of the debtor and then only to the
extent necessary to secure the cooperation of such a creditor
in a debt adjusting plan. [1999 c 151 § 106; 1967 c 201 §
12.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
18.28.130 Legal services—Rendering or obtaining—
Using name of attorney—Prohibited. Without limiting the
generality of the foregoing and other applicable laws, the
debt adjuster, manager or an employee of the debt adjuster
shall not:
(1) Prepare, advise, or sign a release of attachment or
garnishment, stipulation, affidavit for exemption, compromise agreement or other legal or court document, nor furnish
legal advice or perform legal services of any kind;
(2) Represent that he or she is authorized or competent
to furnish legal advice or perform legal services;
(3) Assume authority on behalf of creditors or a debtor
or accept a power of attorney authorizing it to employ or
terminate the services of any attorney or to arrange the terms
of or compensate for such services; or
(4) Communicate with the debtor or creditor or any
other person in the name of any attorney or upon the
stationery of any attorney or prepare any form or instrument
which only attorneys are authorized to prepare. [1999 c 151
§ 107; 1967 c 201 § 13.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
18.28.120
make the demand, then the debt adjuster shall make the
distribution within thirty days of the date of cancellation or
default. [1999 c 151 § 109; 1979 c 156 § 8; 1967 c 201 §
15.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.165 Investigations. For the purpose of discovering violations of this chapter or securing information
lawfully required under this chapter, the office of the
attorney general may at any time: Investigate the debt
adjusting business and examine the books, accounts, records,
and files used; have free access to the offices and places of
business, books, accounts, papers, records, files, safes, and
vaults of debt adjusters; and require the attendance of and
examine under oath all persons whomsoever whose testimony might be required relative to such debt adjusting business
or to the subject matter of any examination, investigation, or
hearing. [1999 c 151 § 110; 1979 c 156 § 7.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.180 Administrative procedure act to govern
administration. The administrative procedure act, chapter
34.05 RCW, shall wherever applicable herein, govern the
rights, remedies, and procedures respecting the administration of this chapter. [1967 c 201 § 18.]
18.28.140 Assignment of wages not prohibited.
Nothing in this chapter shall be construed as prohibiting the
assignment of wages by a debtor to a debt adjuster, if such
assignment is otherwise in accordance with the law of this
state. [1999 c 151 § 108; 1967 c 201 § 14.]
18.28.185 Violations—Unfair practice under
chapter 19.86 RCW. A violation of this chapter constitutes
an unfair or deceptive act or practice in the conduct of trade
or commerce under chapter 19.86 RCW. [1979 c 156 § 10.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—Severability—1979 c 156: See notes following
RCW 18.28.010.
18.28.150 Trust account for payments by debtor—
Disbursements. (1) Any payment received by a debt
adjuster from or on behalf of a debtor shall be held in trust
by the debt adjuster from the moment it is received. The
debt adjuster shall not commingle such payment with the
debt adjuster’s own property or funds, but shall maintain a
separate trust account and deposit in such account all such
payments received. All disbursements whether to the debtor
or to the creditors of the debtor, or to the debt adjuster, shall
be made from such account.
(2) In the event that the debtor cancels or defaults on
the contract between the debtor and the debt adjuster, the
debt adjuster shall close out the debtor’s trust account in the
following manner:
(a) The debt adjuster may take from the account that
amount necessary to satisfy any fees, other than any
cancellation or default fee, authorized by this chapter.
(b) After deducting the fees provided in subsection
(2)(a) of this section, the debt adjuster shall distribute the
remaining amount in the account to the creditors of the
debtor. The distribution shall be made within five days of
the demand therefor by the debtor, but if the debtor fails to
18.28.190 Violations—Penalty. Any person who
violates any provision of this chapter or aids or abets such
violation, or any rule lawfully adopted under this chapter or
any order made under this chapter, is guilty of a misdemeanor. [1999 c 151 § 111; 1967 c 201 § 19.]
(2002 Ed.)
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
18.28.200 Violations—Injunctions. Notwithstanding
any other actions which may be brought under the laws of
this state, the attorney general or the prosecuting attorney of
any county within the state may bring an action in the name
of the state against any person to restrain and prevent any
violation of this chapter. [1967 c 201 § 20.]
18.28.210 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance of discontinuance of any act or practice deemed in
violation of this chapter in the enforcement thereof from any
person engaging in or who has engaged in such act or
practice. Any such assurance shall be in writing and be filed
with and subject to the approval of the superior court of the
[Title 18 RCW—page 73]
18.28.210
Title 18 RCW: Businesses and Professions
county in which the alleged violator resides or has his
principal place of business, or in the alternative, in Thurston
county. Failure to perform the terms of any such assurance
shall constitute prima facie proof of a violation of this chapter for the purpose of securing any injunction as provided for
in RCW 18.28.200: PROVIDED, That after commencement
of any action by a prosecuting attorney, as provided therein,
the attorney general may not accept an assurance of discontinuance without the consent of said prosecuting attorney.
[1967 c 201 § 21.]
18.28.220 Violation of injunction—Civil penalty.
Any person who violates any injunction issued pursuant to
this chapter shall forfeit and pay a civil penalty of not more
than one thousand dollars. For the purpose of this section
the superior court issuing any injunction shall retain jurisdiction, and the cause shall be continued, and in such cases the
attorney general acting in the name of the state may petition
for the recovery of civil penalties. [1967 c 201 § 22.]
18.28.900 Saving prior contracts. The provisions of
this chapter shall not invalidate or make unlawful contracts
between debt adjusters and debtors executed prior to the
effective date of this chapter. [1967 c 201 § 23.]
Effective date—1967 c 201: June 8, 1967, see preface to 1967
session laws.
18.28.910 Severability—1967 c 201. If any provision
of this act, or its application to any person or circumstance,
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances, is not
affected. [1967 c 201 § 24.]
Chapter 18.29
DENTAL HYGIENISTS
Sections
18.29.003
18.29.005
18.29.011
18.29.021
18.29.045
18.29.050
18.29.056
18.29.060
18.29.071
18.29.076
18.29.100
18.29.110
18.29.120
18.29.130
18.29.140
18.29.150
18.29.160
18.29.170
18.29.180
18.29.190
18.29.200
18.29.210
18.29.220
18.29.900
18.29.910
18.29.915
Regulation of health care professions—Criteria.
"Surfaces of the teeth" defined.
License required.
Requirements for licensing.
Licensure by endorsement.
Scope of licensee’s functions—Employment—Supervision.
Employment by health care facilities authorized—
Limitations.
License issuance—Display.
Renewals.
Application of uniform disciplinary act.
Violations—Penalty—Prosecutions.
Dental hygiene examining committee—Generally.
Examinations—Secretary’s authority—Consultation with
examining authority.
Secretary’s authority—Generally—Continuing education.
Approval of educational programs.
Examinations.
Immunity.
Committee meetings—Quorum—Effect of vacancy.
Exemptions from chapter.
Temporary licenses.
Temporary licensees—Requirements for regular examination.
Rules.
Community-based sealant programs in schools.
Construction—1923 c 16.
Severability—1923 c 16.
Captions not law—1989 c 202.
[Title 18 RCW—page 74]
Reviser’s note: Powers and duties of the department of licensing and
the director of licensing transferred to the department of health and the
secretary of health. See RCW 43.70.220.
Dentistry: Chapter 18.32 RCW.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.29.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.29.005 "Surfaces of the teeth" defined. The term
"surfaces of the teeth" as used in this chapter means the
portions of the crown and root surface to which there is no
periodontal membrane attached. [1969 c 47 § 6.]
18.29.011 License required. No person may practice
as a dental hygienist in this state without having a license as
such and, after the first year, an unexpired license renewal
certificate. [1987 c 150 § 16.]
Severability—1987 c 150: See RCW 18.122.901.
18.29.021 Requirements for licensing. (1) The
department shall issue a license to any applicant who, as
determined by the secretary:
(a) Has successfully completed an educational program
approved by the secretary. This educational program shall
include course work encompassing the subject areas within
the scope of the license to practice dental hygiene in the
state of Washington;
(b) Has successfully completed an examination administered or approved by the dental hygiene examining committee; and
(c) Has not engaged in unprofessional conduct or is not
unable to practice with reasonable skill and safety as a result
of a physical or mental impairment.
(2) Applications for licensure must comply with
administrative procedures, administrative requirements, and
fees established according to RCW 43.70.250 and 43.70.280.
[1996 c 191 § 10; 1995 c 198 § 4; 1991 c 3 § 46; 1989 c
202 § 1.]
18.29.045 Licensure by endorsement. An applicant
holding a valid license and currently engaged in practice in
another state may be granted a license without examination
required by this chapter, on the payment of any required
fees, if the secretary in consultation with the advisory
committee determines that the other state’s licensing standards are substantively equivalent to the standards in this
state: PROVIDED, That the secretary in consultation with
the advisory committee may require the applicant to: (1)
File with the secretary documentation certifying the applicant
is licensed to practice in another state; and (2) provide
information as the secretary deems necessary pertaining to
the conditions and criteria of the uniform disciplinary act,
chapter 18.130 RCW and to demonstrate to the secretary a
knowledge of Washington law pertaining to the practice of
dental hygiene. [1991 c 3 § 47; 1989 c 202 § 29.]
(2002 Ed.)
Dental Hygienists
18.29.050 Scope of licensee’s functions—
Employment—Supervision. Any person licensed as a
dental hygienist in this state may remove deposits and stains
from the surfaces of the teeth, may apply topical preventive
or prophylactic agents, may polish and smooth restorations,
may perform root planing and soft-tissue curettage, and may
perform other dental operations and services delegated to
them by a licensed dentist: PROVIDED HOWEVER, That
licensed dental hygienists shall in no event perform the
following dental operations or services:
(1) Any surgical removal of tissue of the oral cavity;
(2) Any prescription of drugs or medications requiring
the written order or prescription of a licensed dentist or
physician;
(3) Any diagnosis for treatment or treatment planning;
or
(4) The taking of any impression of the teeth or jaw, or
the relationships of the teeth or jaws, for the purpose of
fabricating any intra-oral restoration, appliance, or prosthesis.
Such licensed dental hygienists may perform dental
operations and services only under the supervision of a
licensed dentist, and under such supervision may be employed by hospitals, boards of education of public or private
schools, county boards, boards of health, or public or
charitable institutions, or in dental offices. [1997 c 37 § 1;
1971 ex.s. c 235 § 1; 1969 c 47 § 4; 1923 c 16 § 27; RRS
§ 10030-27.]
18.29.056 Employment by health care facilities
authorized—Limitations. (1) Dental hygienists licensed
under this chapter with two years’ practical clinical experience with a licensed dentist within the preceding five years
may be employed or retained by health care facilities to
perform authorized dental hygiene operations and services
without dental supervision, limited to removal of deposits
and stains from the surfaces of the teeth, application of
topical preventive or prophylactic agents, polishing and
smoothing restorations, and performance of root planing and
soft-tissue curettage, but shall not perform injections of
anesthetic agents, administration of nitrous oxide, or diagnosis for dental treatment. The performance of dental hygiene
operations and services in health care facilities shall be
limited to patients, students, and residents of the facilities.
For dental planning and dental treatment, dental hygienists
shall refer patients to licensed dentists.
(2) For the purposes of this section, "health care
facilities" are limited to hospitals; nursing homes; home
health agencies; group homes serving the elderly, handicapped, and juveniles; state-operated institutions under the
jurisdiction of the department of social and health services
or the department of corrections; and federal, state, and local
public health facilities, state or federally funded community
and migrant health centers, and tribal clinics. [1997 c 37 §
2; 1984 c 279 § 63.]
Severability—1984 c 279: See RCW 18.130.901.
18.29.060 License issuance—Display. Upon passing
an examination and meeting the requirements as provided in
RCW 18.29.021, the secretary of health shall issue to the
successful applicant a license as dental hygienist. The
license shall be displayed in a conspicuous place in the
(2002 Ed.)
18.29.050
operation room where such licensee shall practice. [1991 c
3 § 48; 1989 c 202 § 12; 1985 c 7 § 21; 1981 c 277 § 4;
1979 c 158 § 32; 1923 c 16 § 31; RRS § 10030-31.]
18.29.071 Renewals. The secretary shall establish the
administrative procedures, administrative requirements, and
fees for renewal of licenses as provided in this chapter and
in RCW 43.70.250 and 43.70.280. [1996 c 191 § 11; 1991
c 3 § 49; 1989 c 202 § 2.]
18.29.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 15; 1986 c 259 § 31.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.29.100 Violations—Penalty—Prosecutions. Any
person who shall violate any provision of this chapter shall
be guilty of a misdemeanor. It shall be the duty of the
prosecuting attorney of each county to prosecute all cases involving a violation of this chapter arising within his or her
county. The attorney general may assist in such prosecutions and shall appear at all hearings when requested to do
so by the secretary of health. [1991 c 3 § 50; 1979 c 158 §
34; 1923 c 16 § 36; RRS § 10030-36.]
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.29.110 Dental hygiene examining committee—
Generally. There shall be a dental hygiene examining
committee consisting of three practicing dental hygienists
and one public member appointed by the secretary, to be
known as the Washington dental hygiene examining committee. Each dental hygiene member shall be licensed and have
been actively practicing dental hygiene for a period of not
less than five years immediately before appointment and
shall not be connected with any dental hygiene school. The
public member shall not be connected with any dental
hygiene program or engaged in any practice or business
related to dental hygiene. Members of the committee shall
be appointed by the secretary to prepare and conduct
examinations for dental hygiene licensure. Members shall be
appointed to serve for terms of three years from October 1
of the year in which they are appointed. Terms of the
members shall be staggered. Each member shall hold office
for the term of his or her appointment and until his or her
successor is appointed and qualified. Any member of the
committee may be removed by the secretary for neglect of
duty, misconduct, malfeasance, or misfeasance in office,
after being given a written statement of the charges against
him or her and sufficient opportunity to be heard thereon.
Members of the committee shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060. [1991 c 3 § 51; 1989 c 202 § 3.]
18.29.120 Examinations—Secretary’s authority—
Consultation with examining authority. The secretary in
[Title 18 RCW—page 75]
18.29.120
Title 18 RCW: Businesses and Professions
consultation with the Washington dental hygiene examining
committee shall:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to prepare and conduct examinations for dental
hygiene licensure;
(2) Require an applicant for licensure to pass an
examination consisting of written and practical tests upon
such subjects and of such scope as the committee determines;
(3) Set the standards for passage of the examination;
(4) Administer at least two examinations each calendar
year. Additional examinations may be given as necessary;
and
(5) Establish by rule the procedures for an appeal of an
examination failure. [1995 c 198 § 5; 1991 c 3 § 52; 1989
c 202 § 4.]
(2) The examination shall contain subjects appropriate
to the scope of practice and on laws in the state of Washington regulating dental hygiene practice.
(3) The committee shall establish by rule the requirements for a reexamination if the applicant has failed the
examination.
(4) The committee may approve an examination
prepared or administered by a private testing agency or
association of licensing authorities. [1991 c 3 § 55; 1989 c
202 § 7.]
18.29.130 Secretary’s authority—Generally—
Continuing education. In addition to any other authority
provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a license to any applicant who has met the
education and examination requirements for licensure and
deny a license to applicants who do not meet the minimum
qualifications for licensure. Proceedings concerning the
denial of licenses based on unprofessional conduct or
impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) Employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all
applicants and licensees;
(6) Establish, by rule, the minimum education requirements for licensure, including but not limited to approval of
educational programs; and
(7) Establish and implement by rule a continuing
education program. [1991 c 3 § 53; 1989 c 202 § 5.]
18.29.170 Committee meetings—Quorum—Effect of
vacancy. The committee shall meet at least once a year and
at such times as may be necessary for the transaction of
business.
A majority of the committee shall constitute a quorum.
A vacancy in the committee membership shall not
impair the right of the remaining members of the committee
to exercise any power or to perform any duty of the committee, so long as the power is exercised or the duty performed by a quorum of the committee. [1989 c 202 § 9.]
18.29.140 Approval of educational programs. The
secretary shall establish by rule the standards and procedures
for approval of educational programs and may contract with
individuals or organizations having expertise in the profession or in education to report to the secretary information
necessary for the secretary to evaluate the educational
programs. The secretary may establish a fee for educational
program evaluation. The fee shall be set to defray the
administrative costs for evaluating the educational program,
including, but not limited to, costs for site evaluation. [1991
c 3 § 54; 1989 c 202 § 6.]
18.29.150 Examinations. (1) The secretary shall
establish the date and location of the examination. Applicants who meet the education requirements for licensure
shall be scheduled for the next examination following the
filing of the application. The secretary shall establish by
rule the examination application deadline.
[Title 18 RCW—page 76]
18.29.160 Immunity. The secretary, members of the
committee, and individuals acting on their behalf are immune
from suit in any action, civil or criminal, based on any acts
performed in the course of their duties. [1991 c 3 § 56;
1989 c 202 § 8.]
18.29.180 Exemptions from chapter. The following
practices, acts, and operations are excepted from the operation of this chapter:
(1) The practice of dental hygiene in the discharge of
official duties by dental hygienists in the United States
armed services, coast guard, public health services, veterans’
bureau, or bureau of Indian affairs;
(2) Dental hygiene programs approved by the secretary
and the practice of dental hygiene by students in dental
hygiene programs approved by the secretary, when acting
under the direction and supervision of persons licensed under
chapter 18.29 or 18.32 RCW acting as instructors. [1991 c
3 § 57; 1989 c 202 § 10.]
18.29.190 Temporary licenses. (1) The department
shall issue a temporary license without the examination
required by this chapter to any applicant who, as determined
by the secretary:
(a) Holds a valid license in another state that allows the
scope of practice in subsection (3) (a) through (j) of this
section;
(b) Is currently engaged in active practice in another
state. For the purposes of this section, "active practice"
means five hundred sixty hours of practice in the preceding
twenty-four months;
(c) Files with the secretary documentation certifying that
the applicant:
(i) Has graduated from an accredited dental hygiene
school approved by the secretary;
(ii) Has successfully completed the dental hygiene
national board examination; and
(iii) Is licensed to practice in another state;
(2002 Ed.)
Dental Hygienists
(d) Provides information as the secretary deems necessary pertaining to the conditions and criteria of the uniform
disciplinary act, chapter 18.130 RCW;
(e) Demonstrates to the secretary a knowledge of
Washington state law pertaining to the practice of dental
hygiene, including the administration of legend drugs;
(f) Pays any required fees; and
(g) Meets requirements for AIDS education.
(2) The term of the temporary license issued under this
section is eighteen months and it is nonrenewable.
(3) A person practicing with a temporary license granted
under this section has the authority to perform hygiene
procedures that are limited to:
(a) Oral inspection and measuring of periodontal
pockets;
(b) Patient education in oral hygiene;
(c) Taking intra-oral and extra-oral radiographs;
(d) Applying topical preventive or prophylactic agents;
(e) Polishing and smoothing restorations;
(f) Oral prophylaxis and removal of deposits and stains
from the surface of the teeth;
(g) Recording health histories;
(h) Taking and recording blood pressure and vital signs;
(i) Performing subgingival and supragingival scaling;
and
(j) Performing root planing.
(4)(a) A person practicing with a temporary license
granted under this section may not perform the following
dental hygiene procedures unless authorized in (b) or (c) of
this subsection:
(i) Give injections of local anesthetic;
(ii) Place restorations into the cavity prepared by a
licensed dentist and afterwards carve, contour, and adjust
contacts and occlusion of the restoration;
(iii) Soft tissue curettage; or
(iv) Administer nitrous oxide/oxygen analgesia.
(b) A person licensed in another state who can demonstrate substantively equivalent licensing standards in the
administration of local anesthetic may receive a temporary
endorsement to administer local anesthesia.
(c) A person licensed in another state who can demonstrate substantively equivalent licensing standards in restorative procedures may receive a temporary endorsement for
restorative procedures. [1993 c 323 § 2.]
18.29.200 Temporary licensees—Requirements for
regular examination. A person granted a temporary license
under this chapter who does not meet the requirements for
substantively equivalent licensing standards in restorative or
local anesthetic must submit proof of completion of approved education in these procedures before being eligible to
take the dental hygiene examination. [1993 c 323 § 3.]
18.29.210 Rules. The secretary in consultation with
the dental hygiene examining committee shall develop rules
and definitions to implement this chapter. [1993 c 323 § 4.]
18.29.220 Community-based sealant programs in
schools. (1) For low-income, rural, and other at-risk
populations and in coordination with local public health
jurisdictions and local oral health coalitions, a dental
(2002 Ed.)
18.29.190
hygienist licensed in this state as of April 19, 2001, may
assess for and apply sealants and apply fluoride varnishes in
community-based sealant programs carried out in schools
without attending the department’s school sealant endorsement program.
(2) For low-income, rural, and other at-risk populations
and in coordination with local public health jurisdictions and
local oral health coalitions, dental hygienists who are school
sealant endorsed under RCW 43.70.650 may assess for and
apply sealants and fluoride varnishes in community-based
sealant programs carried out in schools. [2001 c 93 § 3.]
Findings—Intent—Effective date—2001 c 93: See notes following
RCW 43.70.650.
18.29.900 Construction—1923 c 16. Words used in
this chapter importing the singular number may also be
applied to the plural of persons and things. Words importing
the plural may be applied to the singular, and words importing the masculine gender may be extended to females also.
[1923 c 16 § 37.]
Number and gender: RCW 1.12.050.
18.29.910 Severability—1923 c 16. Should any
section of this chapter, or any portion of any section be for
any reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this
chapter. [1923 c 16 § 38.]
18.29.915 Captions not law—1989 c 202. Section
headings as used in this act do not constitute any part of the
law. [1989 c 202 § 11.]
Chapter 18.30
DENTURISTS
Sections
18.30.005
18.30.010
18.30.020
18.30.030
18.30.040
18.30.050
18.30.060
18.30.065
18.30.090
18.30.100
18.30.120
18.30.130
18.30.135
18.30.140
18.30.150
18.30.900
18.30.901
Finding, intent.
Definitions.
Examination of patient—Sanctions—Training and licensing
examination.
Licensing required.
Exclusions from chapter.
Board of denturists—Members, terms, travel expenses, removal.
Board—Officers, quorum.
Duties of board.
Licensing requirements.
Licensing examinations.
Requirements determined by secretary—License content.
License renewal.
Discipline.
Inactive licenses.
Partnerships with dentists.
Short title—1995 c 1 (Initiative Measure No. 607).
Severability—1995 c 1 (Initiative Measure No. 607).
18.30.005 Finding, intent. The state of Washington
finds that to realize the state’s current statutory policy of
regulating health professions at the least restrictive level
consistent with the public interest, a program of licensure for
denturists should be established. The intent of the legislature
is to help assure the public’s health, provide a mechanism
for consumer protection, and offer cost-effective alternatives
for denture care services and products to individual consum[Title 18 RCW—page 77]
18.30.005
Title 18 RCW: Businesses and Professions
ers and the state. [1995 c 1 § 1 (Initiative Measure No. 607,
approved November 8, 1994).]
18.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the Washington state board of
denturists.
(2) "Denture" means a removable full or partial upper
or lower dental appliance to be worn in the mouth to replace
missing natural teeth.
(3) "Denturist" means a person licensed under this
chapter to engage in the practice of denturism.
(4) "Department" means the department of health.
(5) "Practice of denturism" means:
(a) Making, placing, constructing, altering, reproducing,
or repairing a denture; and
(b) Taking impressions and furnishing or supplying a
denture directly to a person or advising the use of a denture,
and maintaining a facility for the same.
(6) "Secretary" means the secretary of health or the
secretary’s designee. [2002 c 160 § 1; 1995 c 1 § 2 (Initiative Measure No. 607, approved November 8, 1994).]
18.30.020 Examination of patient—Sanctions—
Training and licensing examination. (1) Before making
and fitting a denture, a denturist shall examine the patient’s
oral cavity.
(a) If the examination gives the denturist reasonable
cause to believe that there is an abnormality or disease
process that requires medical or dental treatment, the
denturist shall immediately refer the patient to a dentist or
physician. In such cases, the denturist shall take no further
action to manufacture or place a denture until the patient has
been examined by a dentist or physician and the dentist or
physician gives written clearance that the denture will pose
no threat to the patient’s health.
(b) If the examination reveals the need for tissue or
teeth modification in order to assure proper fit of a full or
partial denture, the denturist shall refer the patient to a
dentist and assure that the modification has been completed
before taking an impression for the completion of the
denture.
(2) A denturist who makes or places a denture in a
manner not consistent with this section is subject to the
sanctions provided in chapter 18.130 RCW, the uniform
disciplinary act.
(3) A denturist must successfully complete special
training in oral pathology prescribed by the board, whether
as part of an approved associate degree program or equivalent training, and pass an examination prescribed by the
board, which may be a part of the examination for licensure
to become a licensed denturist. [2002 c 160 § 2; 1995 c 198
§ 18; 1995 c 1 § 3 (Initiative Measure No. 607, approved
November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: "Sections 18 through 25 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [May 1, 1995]." [1995 c 198
§ 27.]
[Title 18 RCW—page 78]
18.30.030 Licensing required. No person may
represent himself or herself as a licensed denturist or use any
title or description of services without applying for licensure,
meeting the required qualifications, and being licensed as a
denturist by the department, unless otherwise exempted by
this chapter. [1995 c 1 § 4 (Initiative Measure No. 607,
approved November 8, 1994).]
18.30.040 Exclusions from chapter. Nothing in this
chapter prohibits or restricts:
(1) The practice of a profession by an individual who is
licensed, certified, or registered under other laws of this state
and who is performing services within the authorized scope
of practice;
(2) The practice of denturism by an individual employed
by the government of the United States while the individual
is engaged in the performance of duties prescribed by the
laws and regulations of the United States;
(3) The practice of denturism by students enrolled in a
school approved by the board. The performance of services
must be pursuant to a course of instruction or an assignment
from an instructor and under the supervision of an instructor;
or
(4) Work performed by dental labs and dental technicians under the written prescription of a dentist. [2002 c
160 § 3; 1995 c 1 § 5 (Initiative Measure No. 607, approved
November 8, 1994).]
18.30.050 Board of denturists—Members, terms,
travel expenses, removal. (1) The Washington state board
of denturists is created. The board shall consist of seven
members appointed by the secretary as follows:
(a) Four members of the board must be denturists
licensed under this chapter, except initial appointees, who
must have five years’ experience in the field of denturism or
a related field.
(b) Two members shall be selected from persons who
are not affiliated with any health care profession or facility,
at least one of whom must be over sixty-five years of age
representing the elderly.
(c) One member must be a dentist licensed in the state
of Washington.
(2) The members of the board shall serve for terms of
three years. The terms of the initial members shall be
staggered, with the members appointed under subsection
(1)(a) of this section serving two-year and three-year terms
initially and the members appointed under subsection (1)(b)
and (c) of this section serving one-year, two-year, and threeyear terms initially. Vacancies shall be filled in the same
manner as the original appointments are made. Appointments to fill vacancies shall be for the remainder of the
unexpired term of the vacant position.
(3) No appointee may serve more than two consecutive
terms.
(4) Members of the board shall be reimbursed for travel
expenses under RCW 43.03.050 and 43.03.060.
(5) A member of the board may be removed for just
cause by the secretary. [2002 c 160 § 4; 1995 c 1 § 6
(Initiative Measure No. 607, approved November 8, 1994).]
(2002 Ed.)
Denturists
18.30.060 Board—Officers, quorum. (1) The board
shall elect a chairperson of the board annually. The same
person may not hold the office of chairperson for more than
three years in succession.
(2) A majority of the board constitutes a quorum for all
purposes, and a majority vote of the members voting governs
the decisions of the board. [1995 c 1 § 7 (Initiative Measure
No. 607, approved November 8, 1994).]
18.30.065 Duties of board. The board shall:
(1) Determine the qualifications of persons applying for
licensure under this chapter;
(2) Prescribe, administer, and determine the requirements for examinations under this chapter and establish a
passing grade for licensure under this chapter;
(3) Adopt rules under chapter 34.05 RCW to carry out
the provisions of this chapter in consultation and in agreement with the secretary;
(4) Have authority to provide requirements for continuing competency as a condition of license renewal by rule in
agreement with the secretary; and
(5) Evaluate and approve those schools from which
graduation is accepted as proof of an applicant’s completion
of coursework requirements for licensure. [2002 c 160 § 5.]
18.30.090 Licensing requirements. The secretary
shall issue a license to practice denturism to an applicant
who submits a completed application, pays the appropriate
fees, and meets the following requirements:
(1) A person currently licensed to practice denturism
under statutory provisions of another state, territory of the
United States, District of Columbia, or Puerto Rico, with
substantially equivalent licensing standards to this chapter
shall be licensed without examination upon providing the
department with the following:
(a) Proof of successfully passing a written and clinical
examination for denturism in a state, territory of the United
States, District of Columbia, or Puerto Rico, that the board
has determined has substantially equivalent licensing
standards as those in this chapter, including but not limited
to both the written and clinical examinations; and
(b) An affidavit from the licensing agency where the
person is licensed or certified attesting to the fact of the
person’s licensure or certification.
(2) A person graduating from a formal denturism
program shall be licensed if he or she:
(a) Documents successful completion of formal training
with a major course of study in denturism of not less than
two years in duration at an educational institution approved
by the board; and
(b) Passes a written and clinical examination approved
by the board. [2002 c 160 § 6; 1995 c 198 § 20; 1995 c 1
§ 10 (Initiative Measure No. 607, approved November 8,
1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.100 Licensing examinations. The board shall
administer the examinations for licensing under this chapter,
subject to the following requirements:
(2002 Ed.)
18.30.060
(1) Examinations shall determine the qualifications,
fitness, and ability of the applicant to practice denturism.
The test shall include a written examination and a practical
demonstration of skills.
(2) Examinations shall be held at least annually.
(3) The first examination shall be conducted not later
than July 1, 1995.
(4) The written examination shall cover the following
subjects: (a) Head and oral anatomy and physiology; (b)
oral pathology; (c) partial denture construction and design;
(d) microbiology; (e) clinical dental technology; (f) dental
laboratory technology; (g) clinical jurisprudence; (h) asepsis;
(i) medical emergencies; and (j) cardiopulmonary resuscitation.
(5) Upon payment of the appropriate fee, an applicant
who fails either the written or practical examination may
have additional opportunities to take the portion of the
examination that he or she failed.
The secretary may hire trained persons licensed under
this chapter to prepare, administer, and grade the examinations or may contract with regional examiners who meet
qualifications adopted by the board. [2002 c 160 § 7; 1995
c 198 § 21; 1995 c 1 § 11 (Initiative Measure No. 607,
approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.120 Requirements determined by secretary—
License content. (1) The licensing period, administrative
procedures, administrative requirements, and fees shall be
determined by the secretary as provided in RCW 43.70.250
and 43.70.280.
(2) The license shall contain, on its face, the address or
addresses where the license holder will perform the denturist
services. [1996 c 191 § 12; 1995 c 1 § 13 (Initiative
Measure No. 607, approved November 8, 1994).]
18.30.130 License renewal. The secretary shall
establish by rule the requirements for renewal of licenses to
practice denturism, but shall not increase the licensure
requirements provided in this chapter. The secretary shall
establish administrative procedures, administrative requirements, and fees for license periods and renewals as provided
in RCW 43.70.250 and 43.70.280. [1996 c 191 § 13; 1995
c 198 § 23; 1995 c 1 § 14 (Initiative Measure No. 607, approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.135 Discipline. The Uniform Disciplinary Act,
chapter 18.130 RCW, shall govern the issuance and denial
of licenses, unauthorized practice, and the discipline of
persons licensed under this chapter. The secretary shall be
the disciplinary authority under this chapter. [1995 c 336 §
3.]
Effective date—1995 c 336 §§ 2 and 3: See note following RCW
18.130.040.
18.30.140 Inactive licenses. (1) An individual may
place his or her license on inactive status. The holder of an
[Title 18 RCW—page 79]
18.30.140
Title 18 RCW: Businesses and Professions
inactive license shall not practice denturism in this state
without first activating the license.
(2) An inactive license may be placed in an active status
upon compliance with rules established by the board.
(3) The provisions relating to denial, suspension, and
revocation of a license are applicable to an inactive license,
except that when proceedings to suspend or revoke an
inactive license have been initiated, the license shall remain
inactive until the proceedings have been completed. [2002
c 160 § 8; 1995 c 198 § 24; 1995 c 1 § 15 (Initiative
Measure No. 607, approved November 8, 1994).]
Effective date—1995 c 198 §§ 18-25: See note following RCW
18.30.020.
18.30.150 Partnerships with dentists. Notwithstanding any other provision of state law, a licensed denturist may
enter into a partnership or other business association with a
dentist, provided that such association does not impede the
independent professional judgment of either party. [1995 c
1 § 16 (Initiative Measure No. 607, approved November 8,
1994).]
18.30.900 Short title—1995 c 1 (Initiative Measure
No. 607). This chapter may be known and cited as the
Washington state denturist act. [1995 c 1 § 17 (Initiative
Measure No. 607, approved November 8, 1994).]
18.30.901 Severability—1995 c 1 (Initiative Measure
No. 607). If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [1995 c 1 § 26 (Initiative
Measure No. 607, approved November 8, 1994).]
Chapter 18.32
DENTISTRY
Sections
18.32.002
18.32.005
18.32.010
18.32.020
18.32.030
18.32.0351
18.32.0353
18.32.0355
18.32.0357
18.32.0358
18.32.0361
18.32.0363
18.32.0365
18.32.039
18.32.040
18.32.050
18.32.091
18.32.100
18.32.110
18.32.160
18.32.170
18.32.180
18.32.185
18.32.190
Findings—Purpose.
Regulation of health care professions—Criteria.
Words defined.
Practice of dentistry defined.
Exemptions from chapter.
Commission established—Membership.
Commission—Removal of member—Order of removal—
Vacancy.
Commission—Qualifications of members.
Commission—Duties and powers—Attorney general to advise, represent.
Commission successor to other boards.
Compensation of commission members.
Examinations—Contracts for administration—Multistate.
Rules.
Application of uniform disciplinary act.
Requirements for licensure.
Compensation and reimbursement for administering examination.
License required.
Applications.
Application fee.
Licenses—Who shall sign.
Duplicate licenses—Fee.
License renewal.
Inactive license status.
Licenses display—Notification of address.
[Title 18 RCW—page 80]
18.32.195
University of Washington dental school faculty and residents—Licenses.
18.32.215 Licensure without examination—Licensed in another state.
18.32.220 Certificate available for dentists going out-of-state.
18.32.226 Community-based sealant programs in schools.
18.32.390 Penalty—General.
18.32.400 Dentist members of committees to evaluate credentials and
qualifications of dentists—Immunity from civil suit.
18.32.410 Dentists filing charges or presenting evidence before dental
society committee or board—Immunity from civil suit.
18.32.420 Records of dental society committees or boards not subject
to civil process.
18.32.530 "Unprofessional conduct."
18.32.533 Unprofessional conduct—Abrogation of copayment provisions.
18.32.534 Impaired dentist program—Content—License surcharge.
18.32.640 Rules—Administration of sedation and general anesthesia.
18.32.655 Commission—Supervision of records—Rules.
18.32.665 Advertising—False—Credit terms.
18.32.675 Practice or solicitation by corporations prohibited—Penalty.
18.32.685 Prescriptions—Filled by druggists.
18.32.695 Identification of new dental prostheses.
18.32.705 Identification of previously fabricated prostheses.
18.32.715 Identification of dental prostheses—Violation.
18.32.725 Sanitary regulations.
18.32.735 Unlawful practice—Hygienists—Penalty.
18.32.745 Unlawful practice—Employing unlicensed dentist—Penalty.
18.32.755 Advertising—Names used—Penalty.
18.32.900 Severability—1935 c 112.
18.32.910 Severability—1953 c 93.
18.32.915 Severability—1977 ex.s. c 5.
18.32.916 Severability—1979 c 38.
18.32.917 Severability—Headings and captions not law—Effective
date—1994 sp.s. c 9.
Anesthesia, administration for nondental purposes: RCW 18.71.030.
Dental hygienists: Chapter 18.29 RCW.
Dentists, actions against, limitation of: RCW 4.16.350.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.32.002 Findings—Purpose. The legislature finds
that the health and well-being of the people of this state are
of paramount importance.
The legislature further finds that the conduct of members of the dental profession licensed to practice dentistry in
this state plays a vital role in preserving the health and wellbeing of the people of the state.
The legislature further finds that requiring continuing
dental education for all licensed dentists in the state is an
important component of providing high quality dentistry for
the people of this state.
The legislature further finds that there is no effective
means of handling disciplinary proceedings against members
of the dental profession licensed in this state when such
proceedings are necessary for the protection of the public
health.
Therefore, the legislature declares its intention to
exercise the police power of the state to protect the public
health, to promote the welfare of the state, and to provide a
commission to act as a disciplinary and regulatory body for
the members of the dental profession licensed to practice
dentistry in this state.
It is the purpose of the commission established in RCW
18.32.0351 to regulate the competency and quality of
professional health care providers under its jurisdiction by
(2002 Ed.)
Dentistry
establishing, monitoring, and enforcing qualifications for
licensure, continuing education, consistent standards of
practice, continuing competency mechanisms, and discipline.
Rules, policies, and procedures developed by the commission
must promote the delivery of quality health care to the
residents of the state. [1999 c 364 § 1; 1994 sp.s. c 9 §
201.]
18.32.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.32.010 Words defined. Words used in the singular
in this chapter may also be applied to the plural of the
persons and things; words importing the plural may be
applied to the singular; words importing the masculine
gender may be extended to females also; the term "commission" used in this chapter shall mean the Washington state
dental quality assurance commission; and the term "secretary" shall mean the secretary of health of the state of
Washington. [1994 sp.s. c 9 § 202; 1991 c 3 § 58; 1935 c
112 § 1; RRS § 10031-1.]
Number and gender: RCW 1.12.050.
18.32.020 Practice of dentistry defined. A person
practices dentistry, within the meaning of this chapter, who
(1) represents himself as being able to diagnose, treat,
remove stains and concretions from teeth, operate or prescribe for any disease, pain, injury, deficiency, deformity, or
physical condition of the human teeth, alveolar process,
gums, or jaw, or (2) offers or undertakes by any means or
methods to diagnose, treat, remove stains or concretions
from teeth, operate or prescribe for any disease, pain, injury,
deficiency, deformity, or physical condition of the same, or
take impressions of the teeth or jaw, or (3) owns, maintains
or operates an office for the practice of dentistry, or (4)
engages in any of the practices included in the curricula of
recognized and approved dental schools or colleges, or (5)
professes to the public by any method to furnish, supply,
construct, reproduce, or repair any prosthetic denture, bridge,
appliance, or other structure to be worn in the human mouth.
The fact that a person uses any dental degree, or
designation, or any card, device, directory, poster, sign, or
other media whereby he represents himself to be a dentist,
shall be prima facie evidence that such person is engaged in
the practice of dentistry.
X-ray diagnosis as to the method of dental practice in
which the diagnosis and examination is made of the normal
and abnormal structures, parts or functions of the human
teeth, the alveolar process, maxilla, mandible or soft tissues
adjacent thereto, is hereby declared to be the practice of
dentistry. Any person other than a regularly licensed
physician or surgeon who makes any diagnosis or interpretation or explanation, or attempts to diagnose or to make any
interpretation or explanation of the registered shadow or
shadows of any part of the human teeth, alveolar process,
maxilla, mandible or soft tissues adjacent thereto by the use
of x-ray is declared to be engaged in the practice of dentistry, medicine or surgery.
The practice of dentistry includes the performance of
any dental or oral and maxillofacial surgery. "Oral and
maxillofacial surgery" means the specialty of dentistry that
(2002 Ed.)
18.32.002
includes the diagnosis and surgical and adjunctive treatment
of diseases, injuries, and defects of the hard and soft tissues
of the oral and maxillofacial region. [1996 c 259 § 1; 1957
c 98 § 1; 1957 c 52 § 20. Prior: (i) 1935 c 112 § 6; RRS
§ 10031-6. (ii) 1943 c 240 § 1; Rem. Supp. 1943 § 100316a.]
18.32.030 Exemptions from chapter. The following
practices, acts, and operations are excepted from the operation of the provisions of this chapter:
(1) The rendering of dental relief in emergency cases in
the practice of his or her profession by a physician or
surgeon, licensed as such and registered under the laws of
this state, unless the physician or surgeon undertakes to or
does reproduce lost parts of the human teeth in the mouth or
to restore or to replace in the human mouth lost or missing
teeth;
(2) The practice of dentistry in the discharge of official
duties by dentists in the United States federal services on
federal reservations, including but not limited to the armed
services, coast guard, public health service, veterans’ bureau,
or bureau of Indian affairs;
(3) Dental schools or colleges approved under RCW
18.32.040, and the practice of dentistry by students in
Washington state dental schools or colleges approved by the
commission, when acting under the direction and supervision
of Washington state-licensed dental school faculty;
(4) The practice of dentistry by licensed dentists of
other states or countries while appearing as clinicians at
meetings of the Washington state dental association, or
component parts thereof, or at meetings sanctioned by them,
or other groups approved by the commission;
(5) The use of roentgen and other rays for making
radiographs or similar records of dental or oral tissues, under
the supervision of a licensed dentist or physician;
(6) The making, repairing, altering, or supplying of
artificial restorations, substitutions, appliances, or materials
for the correction of disease, loss, deformity, malposition,
dislocation, fracture, injury to the jaws, teeth, lips, gums,
cheeks, palate, or associated tissues or parts; providing the
same are made, repaired, altered, or supplied pursuant to the
written instructions and order of a licensed dentist which
may be accompanied by casts, models, or impressions
furnished by the dentist, and the prescriptions shall be
retained and filed for a period of not less than three years
and shall be available to and subject to the examination of
the secretary or the secretary’s authorized representatives;
(7) The removal of deposits and stains from the surfaces
of the teeth, the application of topical preventative or
prophylactic agents, and the polishing and smoothing of
restorations, when performed or prescribed by a dental
hygienist licensed under the laws of this state;
(8) A qualified and licensed physician and surgeon or
osteopathic physician and surgeon extracting teeth or
performing oral surgery pursuant to the scope of practice
under chapter 18.71 or 18.57 RCW;
(9) The performing of dental operations or services by
persons not licensed under this chapter when performed
under the supervision of a licensed dentist: PROVIDED
HOWEVER, That such nonlicensed person shall in no event
perform the following dental operations or services unless
[Title 18 RCW—page 81]
18.32.030
Title 18 RCW: Businesses and Professions
permitted to be performed by the person under this chapter
or chapters 18.29, 18.57, 18.71, and 18.79 RCW as it applies
to registered nurses and advanced registered nurse practitioners:
(a) Any removal of or addition to the hard or soft tissue
of the oral cavity;
(b) Any diagnosis of or prescription for treatment of
disease, pain, deformity, deficiency, injury, or physical
condition of the human teeth or jaws, or adjacent structure;
(c) Any administration of general or injected local
anaesthetic of any nature in connection with a dental
operation, including intravenous sedation;
(d) Any oral prophylaxis;
(e) The taking of any impressions of the teeth or jaw or
the relationships of the teeth or jaws, for the purpose of
fabricating any intra-oral restoration, appliance, or prosthesis.
[1994 sp.s. c 9 § 203; 1991 c 3 § 59; 1989 c 202 § 13; 1979
c 158 § 35; 1971 ex.s. c 236 § 1; 1969 c 47 § 7; 1957 c 52
§ 21; 1953 c 93 § 1; 1951 c 130 § 1. Prior: (i) 1941 c 92
§ 3; 1935 c 112 § 25; Rem. Supp. 1941 § 10031-25; prior:
1923 c 16 § 23. (ii) 1935 c 112 § 6; RRS § 10031-6; prior:
1923 c 16 § 1; 1901 c 152 § 5; 1893 c 55 § 11.]
18.32.0351 Commission established—Membership.
The Washington state dental quality assurance commission
is established, consisting of fourteen members each appointed by the governor to a four-year term. No member
may serve more than two consecutive full terms. In appointing the initial members of the commission, it is the intent of
the legislature that, to the extent possible, members of the
previous boards and committees regulating these professions
be appointed to the commission. Members of the commission hold office until their successors are appointed. The
governor may appoint members of the initial commission to
staggered terms of from one to four years. Thereafter, all
members shall be appointed to full four-year terms. Twelve
members of the commission must be dentists and two
members must be public members. [1994 sp.s. c 9 § 204.]
18.32.0353 Commission—Removal of member—
Order of removal—Vacancy. The governor may remove
a member of the commission for neglect of duty, misconduct, or malfeasance or misfeasance in office. Whenever the
governor is satisfied that a member of the commission has
been guilty of neglect of duty, misconduct, or malfeasance
or misfeasance in office, the governor shall file with the
secretary of state a statement of the causes for and the order
of removal from office, and the secretary shall forthwith
send a certified copy of the order of removal and statement
of causes by certified mail to the last known post office
address of the member. If a vacancy occurs on the commission, the governor shall appoint a replacement to fill the
remainder of the unexpired term. [1994 sp.s. c 9 § 205.]
18.32.0355 Commission—Qualifications of members. Members must be citizens of the United States and
residents of this state. Dentist members must be licensed
dentists in the active practice of dentistry for a period of five
years before appointment. Of the twelve dentists appointed
to the commission, at least four must reside and engage in
the active practice of dentistry east of the summit of the
[Title 18 RCW—page 82]
Cascade mountain range. Public members of the commission may not be a member of any other health care
licensing board or commission, or have a fiduciary obligation
to a facility rendering health services regulated by the
commission, or have a material or financial interest in the
rendering of health services regulated by the commission.
[1994 sp.s. c 9 § 206.]
18.32.0357 Commission—Duties and powers—
Attorney general to advise, represent. The commission
shall elect officers each year. Meetings of the commission
are open to the public, except the commission may hold
executive sessions to the extent permitted by chapter 42.30
RCW. The secretary of health shall furnish such secretarial,
clerical, and other assistance as the commission may require.
A majority of the commission members appointed and
serving constitutes a quorum for the transaction of commission business. The affirmative vote of a majority of a
quorum of the commission is required to carry a motion or
resolution, to adopt a rule, or to pass a measure.
The commission may appoint members of panels
consisting of not less than three members. A quorum for
transaction of any business shall be a minimum of three
members. A majority vote of a quorum of the panel is
required to transact business delegated to it by the commission.
The members of the commission are immune from suit
in an action, civil or criminal, based upon its disciplinary
proceedings or other official acts performed in good faith as
members of the commission.
The commission may, whenever the workload of the
commission requires, request that the secretary appoint pro
tempore members. While serving as members pro tempore
persons have all the powers, duties, and immunities, and are
entitled to the emoluments, including travel expenses, of the
commission.
The commission shall prepare or determine the nature
of the examinations for applicants to practice dentistry.
The commission shall establish continuing dental
education requirements.
The attorney general shall advise the commission and
represent it in all legal proceedings. [1999 c 364 § 2; 1994
sp.s. c 9 § 207.]
18.32.0358 Commission successor to other boards.
The commission is the successor in interest of the board of
dental examiners and the dental disciplinary board. All
contracts, undertakings, agreements, rules, regulations, and
policies continue in full force and effect on July 1, 1994,
unless otherwise repealed or rejected by chapter 9, Laws of
1994 sp. sess. or by the commission. [1994 sp.s. c 9 § 226.]
18.32.0361 Compensation of commission members.
Each member of the commission shall be compensated in
accordance with RCW 43.03.265. Members shall be
reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and
43.03.060. Commission members shall be compensated and
reimbursed for their activities in developing or administering
a multistate licensing examination, as provided in this
chapter. [1999 c 366 § 3; 1994 sp.s. c 9 § 208.]
(2002 Ed.)
Dentistry
18.32.0363 Examinations—Contracts for administration—Multistate. The commission may contract with
competent persons on a temporary basis to assist in developing or administering examinations for licensure.
The commission may enter into compacts and agreements with other states and with organizations formed by
several states, for the purpose of conducting multistate
licensing examinations. The commission may enter into the
compacts and agreements even though they would result in
the examination of a candidate for a license in this state by
an examiner or examiners from another state or states, and
even though the compacts and agreements would result in
the examination of a candidate or candidates for a license in
another state or states by an examiner or examiners from this
state. [1994 sp.s. c 9 § 209.]
18.32.0365 Rules. The commission may adopt rules
in accordance with chapter 34.05 RCW to implement this
chapter and chapter 18.130 RCW. [1994 sp.s. c 9 § 210.]
18.32.039 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 17; 1986 c 259 § 34.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.040 Requirements for licensure. The commission shall require that every applicant for a license to
practice dentistry shall:
(1) Present satisfactory evidence of graduation from a
dental college, school, or dental department of an institution
approved by the commission;
(2) Submit, for the files of the commission, a recent
picture duly identified and attested; and
(3) Pass an examination prepared or approved by and
administered under the direction of the commission. The
dentistry licensing examination shall consist of practical and
written tests upon such subjects and of such scope as the
commission determines. The commission may accept, in
lieu of all or part of a written examination, a certificate
granted by a national or regional testing organization
approved by the commission. The commission shall set the
standards for passing the examination. The secretary shall
keep on file the examination papers and records of examination for at least one year. This file shall be open for
inspection by the applicant or the applicant’s agent unless
the disclosure will compromise the examination process as
determined by the commission or is exempted from disclosure under RCW 42.17.250 through 42.17.340. [1994 sp.s.
c 9 § 211; 1991 c 3 § 61; 1989 c 202 § 16; 1979 c 38 § 2;
1935 c 112 § 5; RRS § 10031-5. Prior: 1923 c 16 §§ 4, 5.
Formerly RCW 18.32.040 and 18.32.130 through 18.32.150.]
18.32.050 Compensation and reimbursement for
administering examination. Commission members shall be
compensated and reimbursed pursuant to this section for
their activities in administering a multi-state licensing
examination pursuant to the commission’s compact or
agreement with another state or states or with organizations
(2002 Ed.)
18.32.0363
formed by several states. [1995 c 198 § 2; 1994 sp.s. c 9 §
212; 1984 c 287 § 30; 1979 c 38 § 3; 1975-’76 2nd ex.s. c
34 § 34; 1967 c 188 § 2; 1957 c 52 § 23; 1953 c 93 § 3.
Prior: 1935 c 112 § 11, part; RRS § 10031-11, part.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.32.091 License required. No person, unless
previously licensed to practice dentistry in this state, shall
begin the practice of dentistry without first applying to, and
obtaining a license. [1987 c 150 § 18.]
Severability—1987 c 150: See RCW 18.122.901.
18.32.100 Applications. The applicant for a dentistry
license shall file an application on a form furnished by the
secretary, stating the applicant’s name, age, place of residence, the name of the school or schools attended by the
applicant, the period of such attendance, the date of the
applicant’s graduation, whether the applicant has ever been
the subject of any disciplinary action related to the practice
of dentistry, and shall include a statement of all of the
applicant’s dental activities. This shall include any other
information deemed necessary by the commission.
The application shall be signed by the applicant and
sworn to by the applicant before some person authorized to
administer oaths, and shall be accompanied by proof of the
applicant’s school attendance and graduation. [1994 sp.s. c
9 § 213; 1991 c 3 § 62; 1989 c 202 § 18; 1957 c 52 § 28;
1953 c 93 § 4; 1951 c 130 § 2; 1941 c 92 § 2; 1935 c 112
§ 4; Rem. Supp. 1941 § 10031-4, part. Prior: 1923 c 16 §§
2, 3, 6, 7; 1901 c 152 § 1; 1893 c 55 § 4.]
18.32.110 Application fee. Each applicant shall pay
a fee determined by the secretary as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 14; 1991 c 3 § 63;
1989 c 202 § 19; 1985 c 7 § 23; 1975 1st ex.s. c 30 § 27;
1969 c 49 § 1; 1957 c 52 § 29. Prior: 1941 c 92 § 2, part;
1935 c 112 § 4; Rem. Supp. 1941 § 10031-4, part.]
18.32.160 Licenses—Who shall sign. All licenses
issued by the secretary on behalf of the commission shall be
signed by the secretary or chairperson and secretary of the
commission. [1994 sp.s. c 9 § 215; 1991 c 3 § 65; 1989 c
202 § 21; 1951 c 130 § 3; 1935 c 112 § 17; RRS §
10031-17.]
18.32.170 Duplicate licenses—Fee. A fee determined
by the secretary as provided in RCW 43.70.250 and
43.70.280 shall be charged for every duplicate license issued
by the secretary. [1996 c 191 § 15; 1991 c 3 § 66; 1985 c
7 § 25; 1975 1st ex.s. c 30 § 29; 1957 c 52 § 25. Prior:
1935 c 112 § 11, part; RRS § 10031-11, part.]
18.32.180 License renewal. Every person licensed to
practice dentistry in this state shall renew his or her license
and comply with administrative procedures, administrative
requirements, continuing education requirements, and fees as
provided in RCW 43.70.250 and 43.70.280. The commission, in its sole discretion, may permit the applicant to be
[Title 18 RCW—page 83]
18.32.180
Title 18 RCW: Businesses and Professions
licensed without examination, and with or without conditions, if it is satisfied that the applicant meets all the requirements for licensure in this state and is competent to
engage in the practice of dentistry. [1999 c 364 § 3; 1996
c 191 § 16; 1994 sp.s. c 9 § 216; 1991 c 3 § 67; 1989 c 202
§ 22; 1985 c 7 § 26; 1975 1st ex.s. c 30 § 30; 1969 c 49 §
3; 1951 c 130 § 4; 1935 c 112 § 24; RRS § 10031-24.]
Application—1999 c 364: "The continuing education requirements
of RCW 18.32.180 apply to licenses renewed after July 1, 2001." [1999 c
364 § 4.]
18.32.185 Inactive license status. The commission
may adopt rules under this section authorizing an inactive
license status.
(1) An individual licensed under chapter 18.32 RCW
may place his or her license on inactive status. The holder
of an inactive license must not practice dentistry in this state
without first activating the license.
(2) The inactive renewal fee must be established by the
secretary under RCW 43.70.250. Failure to renew an
inactive license shall result in cancellation of the inactive
license in the same manner as an active license.
(3) An inactive license may be placed in an active status
upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a
person with a license are applicable to a person with an
inactive license, except that when disciplinary proceedings
against a person with an inactive license have been initiated,
the license will remain inactive until the proceedings have
been completed. [1996 c 187 § 1.]
18.32.190 Licenses display—Notification of address.
Every person who engages in the practice of dentistry in this
state shall cause his or her license to be, at all times,
displayed in a conspicuous place, in his or her office
wherein he or she shall practice such profession, and shall
further, whenever requested, exhibit such license to any of
the members of the commission, or its authorized agent, and
to the secretary or his or her authorized agent. Every
licensee shall notify the secretary of the address or addresses, and of every change thereof, where the licensee shall
engage in the practice of dentistry. [1994 sp.s. c 9 § 217;
1991 c 3 § 68; 1981 c 277 § 7; 1935 c 112 § 7; RRS §
10031-7. Prior: 1923 c 16 § 15; 1893 c 55 § 5.]
18.32.195 University of Washington dental school
faculty and residents—Licenses. The commission may,
without examination, issue a license to persons who possess
the qualifications set forth in this section.
(1) The commission may, upon written request of the
dean of the school of dentistry of the University of Washington, issue a license to practice dentistry in this state to
persons who have been licensed or otherwise authorized to
practice dentistry in another state or country and who have
been accepted for employment by the school of dentistry as
full-time faculty members. For purposes of this subsection,
this means teaching members of the faculty of the school of
dentistry of the University of Washington who are so
employed on a one hundred percent of work time basis.
Such license shall permit the holder thereof to practice
dentistry within the confines of the university facilities for a
[Title 18 RCW—page 84]
period of one year while he or she is so employed as a fulltime faculty member by the school of dentistry of the
University of Washington. It shall terminate whenever the
holder ceases to be such a full-time faculty member. Such
license shall permit the holder thereof to practice dentistry
only in connection with his or her duties in employment with
the school of dentistry of the University of Washington.
This limitation shall be stated on the license.
(2) The commission may, upon written request of the
dean of the school of dentistry of the University of Washington, issue a limited license to practice dentistry in this state
to university residents in postgraduate dental education. The
license shall permit the resident dentist to provide dental care
only in connection with his or her duties as a university
resident.
(3) The commission may condition the granting of a
license under this section with terms the commission deems
appropriate. All persons licensed under this section shall be
subject to the jurisdiction of the commission to the same
extent as other members of the dental profession, in accordance with this chapter, and in addition the licensee may be
disciplined by the commission after a hearing has been held
in accordance with the provisions set forth in this chapter,
and determination by the commission that such licensee has
violated any of the restrictions set forth in this section.
(4) Persons applying for licensure pursuant to this
section shall pay the application fee determined by the
secretary and, in the event the license applied for is issued,
a license fee at the rate provided for licenses generally.
After review by the commission, licenses issued under this
section may be renewed annually if the licensee continues to
be employed as a full-time faculty member of the school of
dentistry of the University of Washington, or a university
resident in postgraduate dental education, and otherwise
meets the requirements of the provisions and conditions
deemed appropriate by the commission. Any person who
obtains a license pursuant to this section may, without an
additional application fee, apply for licensure under this
chapter, in which case the applicant shall be subject to
examination and the other requirements of this chapter.
[1994 sp.s. c 9 § 218; 1992 c 59 § 1; 1991 c 3 § 69; 1985
c 111 § 1.]
18.32.215 Licensure without examination—Licensed
in another state. An applicant holding a valid license and
currently engaged in practice in another state may be granted
a license without examination required by this chapter, on
the payment of any required fees, if the commission determines that the other state’s licensing standards are substantively equivalent to the standards in this state. The commission may also require the applicant to: (1) File with the
commission documentation certifying the applicant is
licensed to practice in another state; and (2) provide information as the commission deems necessary pertaining to the
conditions and criteria of the Uniform Disciplinary Act,
chapter 18.130 RCW, and to demonstrate to the commission
a knowledge of Washington law pertaining to the practice of
dentistry. [1994 sp.s. c 9 § 219; 1989 c 202 § 30.]
18.32.220 Certificate available for dentists going
out-of-state. Anyone who is a licensed dentist in the state
(2002 Ed.)
Dentistry
of Washington who desires to change residence to another
state or territory, shall, upon application to the secretary and
payment of a fee as determined by the secretary under RCW
43.70.250 and 43.70.280, receive a certificate over the
signature of the secretary or his or her designee, which shall
attest to the facts mentioned in this section, and giving the
date upon which the dentist was licensed. [1996 c 191 § 17;
1991 c 3 § 70; 1989 c 202 § 23; 1935 c 112 § 14; RRS §
10031-14. FORMER PART OF SECTION: 1935 c 112 §
15; RRS § 10031-15, now codified as RCW 18.32.225.]
18.32.226 Community-based sealant programs in
schools. (1) For low-income, rural, and other at-risk
populations and in coordination with local public health
jurisdictions and local oral health coalitions, a dental
assistant working as of April 19, 2001, under the supervision
of a licensed dentist may apply sealants and fluoride varnishes under the general supervision of a dentist in communitybased sealant programs carried out in schools without
attending the department’s school sealant endorsement
program.
(2) For low-income, rural, and other at-risk populations
and in coordination with local public health jurisdictions and
local oral health coalitions, dental assistants who are school
sealant endorsed under RCW 43.70.650 may apply sealants
and fluoride varnishes under the general supervision of a
dentist in community-based sealant programs carried out in
schools. [2001 c 93 § 4.]
Findings—Intent—Effective date—2001 c 93: See notes following
RCW 43.70.650.
18.32.390 Penalty—General. Any person who
violates any of the provisions of the chapter for which no
specific penalty has been provided herein, shall be subject to
prosecution before any court of competent jurisdiction, and
shall, upon conviction, be guilty of a gross misdemeanor.
[1986 c 259 § 38; 1935 c 112 § 16; RRS § 10031-16. Prior:
1901 c 152 § 4; 1893 c 55 § 8.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.400 Dentist members of committees to
evaluate credentials and qualifications of dentists—
Immunity from civil suit. See RCW 4.24.240.
18.32.410 Dentists filing charges or presenting
evidence before dental society committee or board—
Immunity from civil suit. See RCW 4.24.250.
18.32.420 Records of dental society committees or
boards not subject to civil process. See RCW 4.24.250.
18.32.530 "Unprofessional conduct." In addition to
those acts defined in chapter 18.130 RCW, the term "unprofessional conduct" as used in RCW 18.32.530 through
18.32.755 includes gross, willful, or continued overcharging
for professional services. [1989 c 202 § 26; 1986 c 259 §
41; 1977 ex.s. c 5 § 3.]
Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW
18.32.665.
Severability—1986 c 259: See note following RCW 18.130.010.
(2002 Ed.)
18.32.220
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.32.533 Unprofessional conduct—Abrogation of
copayment provisions. It is unprofessional conduct under
this chapter and chapter 18.130 RCW for a dentist to
abrogate the copayment provisions of a contract by accepting
the payment received from a third party payer as full
payment. [1985 c 202 § 1.]
18.32.534 Impaired dentist program—Content—
License surcharge. (1) To implement an impaired dentist
program as authorized by RCW 18.130.175, the commission
shall enter into a contract with a voluntary substance abuse
monitoring program. The impaired dentist program may
include any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired dentists to treatment programs;
(e) Monitoring the treatment and rehabilitation of
impaired dentists including those ordered by the commission;
(f) Providing education, prevention of impairment,
posttreatment monitoring, and support of rehabilitated
impaired dentists; and
(g) Performing other related activities as determined by
the commission.
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of up to twenty-five
dollars on each license issuance or renewal to be collected
by the department of health from every dentist licensed
under chapter 18.32 RCW. These moneys shall be placed in
the health professions account to be used solely for the
implementation of the impaired dentist program. [1999 c
179 § 1; 1994 sp.s. c 9 § 220; 1991 c 3 § 72; 1989 c 125 §
1.]
18.32.640 Rules—Administration of sedation and
general anesthesia. (1) The commission may adopt such
rules as it deems necessary to carry out this chapter.
(2) The commission may adopt rules governing administration of sedation and general anesthesia by persons licensed
under this chapter, including necessary training, education,
equipment, and the issuance of any permits, certificates, or
registration as required. [1994 sp.s. c 9 § 221; 1988 c 217
§ 1; 1986 c 259 § 42; 1977 ex.s. c 5 § 14.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.655 Commission—Supervision of records—
Rules. The commission shall:
(1) Require licensed dentists to keep and maintain a
copy of each laboratory referral instruction, describing
detailed services rendered, for a period to be determined by
the commission but not more than three years, and may
require the production of all such records for examination by
the commission or its authorized representatives; and
(2) Adopt reasonable rules requiring licensed dentists to
make, maintain, and produce for examination by the commission or its authorized representatives such other records
as may be reasonable and proper in the performance of its
[Title 18 RCW—page 85]
18.32.655
Title 18 RCW: Businesses and Professions
duties and enforcing the provisions of this chapter. [1994
sp.s. c 9 § 222; 1986 c 259 § 35; 1953 c 93 § 8. Formerly
RCW 18.32.085.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.665 Advertising—False—Credit terms. It
shall be unlawful for any person, firm, or corporation to
publish, directly or indirectly, or circulate any fraudulent,
false, or misleading statements within the state of Washington as to the skill or method of practice of any person or
operator; or in any way to advertise in print any matter with
a view of deceiving the public, or in any way that will tend
to deceive or defraud the public; or to claim superiority over
neighboring dental practitioners; or to publish reports of
cases or certificates of same in any public advertising media;
or to advertise as using any anesthetic, drug, formula,
medicine, which is either falsely advertised or misnamed; or
to employ "capper" or "steerers" to obtain patronage; and
any person committing any offense against any of the
provisions of this section shall, upon conviction, be subjected
to such penalties as are provided in this chapter: PROVIDED, That any person licensed under this chapter may
announce credit, terms of credit or installment payments that
may be made at periodical intervals to apply on account of
any dental service rendered. The commission may adopt
such rules as are necessary to carry out the intent of this
section. [1994 sp.s. c 9 § 223; 1986 c 259 § 36; 1935 c 112
§ 20; RRS § 10031-20. Formerly RCW 18.32.290.]
Savings—1986 c 259 §§ 36, 37, 41, 43: "The repeal of RCW
18.32.090 and 18.32.550 and the amendment of RCW 18.32.290, 18.32.360,
and 18.32.530 by this act shall not be construed as affecting any rights and
duties which matured, penalties which were incurred, and proceedings which
were begun before June 11, 1986." [1986 c 259 § 44.]
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: RCW 9.04.010.
18.32.675 Practice or solicitation by corporations
prohibited—Penalty. No corporation shall practice dentistry or shall solicit through itself, or its agent, officers,
employees, directors or trustees, dental patronage for any
dentists or dental surgeon employed by any corporation:
PROVIDED, That nothing contained in this chapter shall
prohibit a corporation from employing a dentist or dentists
to render dental services to its employees: PROVIDED,
FURTHER, That such dental services shall be rendered at no
cost or charge to the employees; nor shall it apply to
corporations or associations in which the dental services
were originated and are being conducted upon a purely
charitable basis for the worthy poor, nor shall it apply to
corporations or associations furnishing information or clerical
services which can be furnished by persons not licensed to
practice dentistry, to any person lawfully engaged in the
practice of dentistry, when such dentist assumes full responsibility for such information and services. Any corporation
violating the provisions of this section is guilty of a gross
misdemeanor, and each day that this chapter is violated shall
be considered a separate offense. [1935 c 112 § 19; RRS §
10031-19. Formerly RCW 18.32.310.]
18.32.685 Prescriptions—Filled by druggists.
Registered pharmacists of this state may fill prescriptions of
legally licensed dentists of this state for any drug necessary
[Title 18 RCW—page 86]
in the practice of dentistry. [1935 c 112 § 26; RRS §
10031-26. Prior: 1923 c 16 § 24. Formerly RCW
18.32.320.]
Pharmacists: Chapter 18.64 RCW.
18.32.695 Identification of new dental prostheses.
Every complete upper and lower denture and removable
dental prosthesis fabricated by a dentist licensed under this
chapter, or fabricated pursuant to the dentist’s work order or
under the dentist’s direction or supervision, shall be marked
with the name of the patient for whom the prosthesis is
intended. The markings shall be done during fabrication and
shall be permanent, legible, and cosmetically acceptable.
The exact location of the markings and the methods used to
apply or implant them shall be determined by the dentist or
dental laboratory fabricating the prosthesis. If, in the
professional judgment of the dentist or dental laboratory, this
identification is not practical, identification shall be provided
as follows:
(1) The initials of the patient may be shown alone, if
use of the name of the patient is impracticable; or
(2) The identification marks may be omitted in their
entirety if none of the forms of identification specified in
subsection (1) of this section is practicable or clinically safe.
[1987 c 252 § 1. Formerly RCW 18.32.322.]
Severability—1987 c 252: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 252 § 5.]
18.32.705 Identification of previously fabricated
prostheses. Any removable prosthesis in existence before
July 26, 1987, that was not marked in accordance with RCW
18.32.695 at the time of its fabrication, shall be so marked
at the time of any subsequent rebasing. [1987 c 252 § 2.
Formerly RCW 18.32.324.]
Severability—1987 c 252: See note following RCW 18.32.695.
18.32.715 Identification of dental prostheses—
Violation. Failure of any dentist to comply with RCW
18.32.695 and 18.32.705 is a violation for which the dentist
may be subject to proceedings if the dentist is charged with
the violation within two years of initial insertion of the
dental prosthetic device. [1987 c 252 § 4. Formerly RCW
18.32.328.]
Severability—1987 c 252: See note following RCW 18.32.695.
18.32.725 Sanitary regulations. It shall be the duty
of every person engaged in the practice of dentistry or who
shall own, operate, or manage any dental office to keep said
office and dental equipment in a thoroughly clean and
sanitary condition. [1935 c 112 § 27; RRS § 10031-27.
Prior: 1923 c 16 § 25. Formerly RCW 18.32.330.]
18.32.735 Unlawful practice—Hygienists—Penalty.
Any licensed dentist who shall permit any dental hygienist
operating under his supervision to perform any operation
required to be performed by a dentist under the provisions of
this chapter shall be guilty of a misdemeanor. [1935 c 112
§ 28; RRS § 10031-28. Formerly RCW 18.32.340.]
(2002 Ed.)
Dentistry
18.32.745 Unlawful practice—Employing unlicensed
dentist—Penalty. No manager, proprietor, partnership, or
association owning, operating, or controlling any room,
office, or dental parlors, where dental work is done, provided, or contracted for, shall employ or retain any unlicensed
person or dentist as an operator; nor shall fail, within ten
days after demand made by the secretary of health or the
commission in writing sent by certified mail, addressed to
any such manager, proprietor, partnership, or association at
the room, office, or dental parlor, to furnish the secretary of
health or the commission with the names and addresses of
all persons practicing or assisting in the practice of dentistry
in his or her place of business or under his or her control,
together with a sworn statement showing by what license or
authority the persons are practicing dentistry.
The sworn statement shall not be used as evidence in
any subsequent court proceedings, except in a prosecution
for perjury connected with its execution.
Any violation of the provisions of this section is
improper, unprofessional, and dishonorable conduct; it also
is grounds for injunction proceedings as provided by this
chapter, and in addition is a gross misdemeanor, except that
the failure to furnish the information as may be requested in
accordance with this section is a misdemeanor. [1994 sp.s.
c 9 § 224; 1991 c 3 § 73; 1977 ex.s. c 5 § 31; 1957 c 52 §
38; 1953 c 93 § 7. Prior: 1937 c 45 § 1, part; 1935 c 112
§ 18, part; RRS § 10031-18, part. Formerly RCW
18.32.350.]
18.32.755 Advertising—Names used—Penalty. Any
advertisement or announcement for dental services must
include for each office location advertised the names of all
persons practicing dentistry at that office location.
Any violation of the provisions of this section is
improper, unprofessional, and dishonorable conduct; it also
is grounds for injunction proceedings as provided by RCW
18.130.190(4), and in addition is a gross misdemeanor.
[1994 sp.s. c 9 § 225; 1986 c 259 § 37; 1957 c 52 § 39.
Prior: 1937 c 45 § 1, part; 1935 c 112 § 18, part; RRS §
10031-18, part. Formerly RCW 18.32.360.]
Savings—1986 c 259 §§ 36, 37, 41, 43: See note following RCW
18.32.660.
Severability—1986 c 259: See note following RCW 18.130.010.
18.32.900 Severability—1935 c 112. Should any
section of this act for any reason be held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of the act. [1935 c 112 § 29.]
18.32.910 Severability—1953 c 93. If any provision
of this act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not
affect the provisions or applications of this act which can be
given effect without the invalid provisions or application,
and to this end the provisions of this act are declared to be
severable. [1953 c 93 § 9.]
18.32.915 Severability—1977 ex.s. c 5. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
(2002 Ed.)
18.32.745
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 5 § 36.]
18.32.916 Severability—1979 c 38. If any provision
of this amendatory act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 c 38 § 4.]
18.32.917 Severability—Headings and captions not
law—Effective date—1994 sp.s. c 9. See RCW 18.79.900
through 18.79.902.
Chapter 18.34
DISPENSING OPTICIANS
Sections
18.34.005 Regulation of health care professions—Criteria.
18.34.010 Licensing—Exemptions—Limitations.
18.34.020 Definitions.
18.34.030 Apprentices.
18.34.050 Examining committee—Compensation and travel expenses.
18.34.060 Dispensing optician.
18.34.070 Applicants—Eligibility for examination—Fee.
18.34.080 Examination—Issuance and display of license.
18.34.110 Existing practitioner—Fee.
18.34.115 Credentialing by endorsement.
18.34.120 Renewal registration fee—Continuing education.
18.34.136 Application of uniform disciplinary act.
18.34.141 License required.
18.34.900 Severability—1957 c 43.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
18.34.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.34.010 Licensing—Exemptions—Limitations.
Nothing in this chapter shall:
(1) Be construed to limit or restrict a duly licensed
physician or optometrist or employees working under the
personal supervision of a duly licensed physician or optometrist from the practices enumerated in this chapter, and each
such licensed physician and optometrist shall have all the
rights and privileges which may accrue under this chapter to
dispensing opticians licensed hereunder;
(2) Be construed to prohibit an unlicensed person from
performing mechanical work upon inert matter in an optical
office, laboratory or shop;
(3) Be construed to prohibit an unlicensed person from
engaging in the sale of spectacles, eyeglasses, magnifying
glasses, goggles, sunglasses, telescopes, binoculars, or any
such articles which are completely preassembled and sold
only as merchandise;
(4) Be construed to authorize or permit a licensee
hereunder to hold himself out as being able to, or to offer to,
or to undertake to attempt, by any manner of means, to
examine or exercise eyes, diagnose, treat, correct, relieve,
operate or prescribe for any human ailment, deficiency,
deformity, disease or injury. [1957 c 43 § 1.]
[Title 18 RCW—page 87]
18.34.020
Title 18 RCW: Businesses and Professions
18.34.020 Definitions. The term "secretary" wherever
used in this chapter shall mean the secretary of health of the
state of Washington. The term "apprentice" wherever used
in this chapter shall mean a person who shall be designated
an apprentice in the records of the secretary at the request of
a physician, registered optometrist, or licensee hereunder,
who shall thereafter be the primary supervisor of the
apprentice. The apprentice may thereafter receive from a
physician, registered optometrist, or licensee hereunder
training and direct supervision in the work of a dispensing
optician. [1995 c 178 § 1; 1991 c 3 § 74; 1979 c 158 § 37;
1957 c 43 § 2.]
18.34.030 Apprentices. No licensee hereunder may
have more than two apprentices in training or under their
direct supervision at any one time. However, the primary
supervisor shall be responsible for the acts of his or her
apprentices in the performance of their work in the apprenticeship program and provide the majority of the training and
direct supervision received by the apprentice. Apprentices
shall complete their apprenticeship in six years and shall not
work longer as an apprentice unless the secretary determines,
after a hearing, that the apprentice was prevented by causes
beyond his or her control from completing his or her
apprenticeship and becoming a licensee hereunder in six
years. [1995 c 178 § 2; 1991 c 3 § 75; 1957 c 43 § 3.]
18.34.050 Examining committee—Compensation
and travel expenses. The examining committee shall
consist of three persons primarily engaged in the business of
dispensing opticians and who currently hold a valid license
under this chapter. Members of the committee shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. [1984 c 287 § 32; 1957 c 43 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.34.060 Dispensing optician. A dispensing optician
is a person who prepares duplications of, or prepares and
dispenses lenses, spectacles, eyeglasses and/or appurtenances
thereto to the intended wearers thereof on written prescriptions from physicians or optometrists, and in accordance
with such prescriptions, measures, adapts, adjusts and
fabricates such lenses, spectacles, eyeglasses and/or appurtenances thereto to the human face for the aid or correction of
visual or ocular anomalies of the human eye: PROVIDED,
HOWEVER, That contact lenses may be fitted only upon a
written prescription of a physician or optometrist. [1957 c
43 § 6.]
18.34.070 Applicants—Eligibility for examination—
Fee. Any applicant for a license shall be examined if he or
she pays an examination fee determined by the secretary as
provided in RCW 43.70.250 and certifies under oath that he
or she:
(1) Is eighteen years or more of age; and
(2) Has graduated from an accredited high school; and
(3) Is a citizen of the United States or has declared his
or her intention of becoming such citizen in accordance with
law; and
[Title 18 RCW—page 88]
(4) Is of good moral character; and
(5) Has either:
(a) Had at least three years of apprenticeship training;
or
(b) Successfully completed a prescribed course in
opticianry in a college or university approved by the secretary; or
(c) Been principally engaged in practicing as a dispensing optician not in the state of Washington for five years.
[1991 c 3 § 76; 1985 c 7 § 29; 1975 1st ex.s. c 30 § 34;
1971 ex.s. c 292 § 22; 1957 c 43 § 7.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
18.34.080 Examination—Issuance and display of
license. The examination shall determine whether the
applicant has a thorough knowledge of the principles
governing the practice of a dispensing optician which is
hereby declared necessary for the protection of the public
health. The examining committee may approve an examination prepared or administered by a private testing agency or
association of licensing authorities. The secretary shall
license successful examinees and the license shall be
conspicuously displayed in the place of business of the
licensee. [1995 c 198 § 3; 1991 c 3 § 77; 1957 c 43 § 8.]
18.34.110 Existing practitioner—Fee. The secretary
shall issue a license without examination to any person who
makes application therefor within six months after June 12,
1957, pays a fee of fifty dollars and certifies under oath that
he or she is of good moral character and has been actually
and principally engaged in the practice of a dispensing
optician in the state of Washington for a period of not less
than six months immediately preceding June 12, 1957.
[1991 c 3 § 78; 1957 c 43 § 11.]
18.34.115 Credentialing by endorsement. An
applicant holding a credential in another state may be
credentialed to practice in this state without examination if
the secretary determines that the other state’s credentialing
standards are substantially equivalent to the standards in this
state. [1991 c 332 § 33.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.34.120 Renewal registration fee—Continuing
education. Each licensee hereunder shall pay a renewal
registration fee determined by the secretary as provided in
RCW 43.70.250 and 43.70.280. The secretary may adopt
rules establishing mandatory continuing education requirements to be met by persons applying for license renewal.
[1996 c 191 § 18; 1991 c 3 § 79; 1984 c 279 § 52; 1975 1st
ex.s. c 30 § 35; 1957 c 43 § 12.]
Severability—1984 c 279: See RCW 18.130.901.
18.34.136 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 19; 1986 c 259 § 45.]
Severability—1987 c 150: See RCW 18.122.901.
(2002 Ed.)
Dispensing Opticians
Severability—1986 c 259: See note following RCW 18.130.010.
18.34.141 License required. No person may practice
or represent himself or herself as a dispensing optician
without first having a valid license to do so. [1987 c 150 §
20.]
18.34.136
18.35.008 Intent. It is the intent of this chapter to
protect the public health, safety, and welfare; to protect the
public from being misled by incompetent, unethical, and
unauthorized persons; and to assure the availability of hearing and speech services of high quality to persons in need of
such services. [1996 c 200 § 1.]
Severability—1987 c 150: See RCW 18.122.901.
18.34.900 Severability—1957 c 43. If any provisions
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1957 c 43 § 16.]
Chapter 18.35
HEARING AND SPEECH SERVICES
(Formerly: Hearing aids)
Sections
18.35.005
18.35.008
18.35.010
18.35.020
Regulation of health care professions—Criteria.
Intent.
Definitions.
Hearing instruments—Dispensing—License, certificate, permit required.
18.35.030 Receipt required—Contents.
18.35.040 Applicants—Generally.
18.35.050 Examination—Required—When offered—Review.
18.35.060 Hearing instrument fitter/dispenser permit.
18.35.070 Examination—Contents—Tests.
18.35.080 License—Certification—Generally.
18.35.085 Credentialing by endorsement.
18.35.090 Compliance with administrative procedures, requirements—
Display of license—Continuing education, competency
standards.
18.35.095 Licensees—Inactive status.
18.35.100 Place of business.
18.35.105 Records—Contents.
18.35.110 Disciplinary action—Grounds.
18.35.120 Disciplinary action—Additional grounds.
18.35.140 Powers and duties of department.
18.35.150 Board of hearing and speech—Created—Membership—
Qualifications—Terms—Vacancies—Meetings—
Compensation—Travel expenses.
18.35.161 Board—Powers and duties.
18.35.162 Unprofessional conduct.
18.35.172 Application of uniform disciplinary act.
18.35.175 Unlawful sales practices.
18.35.180 Application of Consumer Protection Act and False Advertising Act.
18.35.185 Rescission of transaction—Requirements—Notice.
18.35.190 Valid license prerequisite to suits.
18.35.195 Exemptions.
18.35.200 Other laws unaffected.
18.35.205 Chapter exclusive.
18.35.220 Violations—Cease and desist orders—Notice—Injunctions.
18.35.230 Violations—Registered agent—Service.
18.35.240 Violations—Surety bond or security in lieu of surety bonds.
18.35.250 Violations—Remedies—Actions on bond or security.
18.35.260 Misrepresentation of credentials.
18.35.270 Assistant ratios—Data collection.
18.35.900 Severability—1973 1st ex.s. c 106.
18.35.901 Severability—1983 c 39.
18.35.902 Severability—1996 c 200.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
18.35.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
(2002 Ed.)
18.35.010 Definitions. (Effective until January 1,
2003.) As used in this chapter, unless the context requires
otherwise:
(1) "Assistive listening device or system" means an
amplification system that is specifically designed to improve
the signal to noise ratio for the listener, reduce interference
from noise in the background, and enhance hearing levels at
a distance by picking up sound from as close to source as
possible and sending it directly to the ear of the listener,
excluding hearing instruments as defined in this chapter.
(2) "Certified audiologist" means a person who is
certified by the department to engage in the practice of
audiology and meets the qualifications in this chapter.
(3) "Audiology" means the application of principles,
methods, and procedures related to hearing and the disorders
of hearing and to related language and speech disorders,
whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communication including, but not limited to, disorders of auditory
sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and
appropriate devices including fitting and dispensing of
hearing instruments, and cerumen management to treat such
disorders.
(4) "Board" means the board of hearing and speech.
(5) "Department" means the department of health.
(6) "Direct supervision" means that the supervisor is
physically present and in the same room with the hearing
instrument fitter/dispenser permit holder, observing the
nondiagnostic testing, fitting, and dispensing activities of the
hearing instrument fitter/dispenser permit holder at all times.
(7) "Establishment" means any permanent site housing
a person engaging in the practice of fitting and dispensing of
hearing instruments by a hearing instrument fitter/dispenser
or audiologist; where the client can have personal contact
and counsel during the firm’s business hours; where business
is conducted; and the address of which is given to the state
for the purpose of bonding.
(8) "Facility" means any permanent site housing a
person engaging in the practice of speech-language pathology and/or audiology, excluding the sale, lease, or rental of
hearing instruments.
(9) "Fitting and dispensing of hearing instruments"
means the sale, lease, or rental or attempted sale, lease, or
rental of hearing instruments together with the selection and
modification of hearing instruments and the administration
of nondiagnostic tests as specified by RCW 18.35.110 and
the use of procedures essential to the performance of these
functions; and includes recommending specific hearing
instrument systems, specific hearing instruments, or specific
hearing instrument characteristics, the taking of impressions
for ear molds for these purposes, the use of nondiagnostic
procedures and equipment to verify the appropriateness of
[Title 18 RCW—page 89]
18.35.010
Title 18 RCW: Businesses and Professions
the hearing instrument fitting, and hearing instrument
orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by
a licensed hearing instrument fitter/dispenser or certified
audiologist.
(10) "Good standing" means a licensed hearing instrument fitter/dispenser or certified audiologist or speechlanguage pathologist whose license or certificate has not
been subject to sanctions pursuant to chapter 18.130 RCW
or sanctions by other states, territories, or the District of
Columbia in the last two years.
(11) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding,
improving, compensating for, or correcting defective human
hearing and any parts, attachments, or accessories of such an
instrument or device, excluding batteries and cords, ear
molds, and assistive listening devices.
(12) "Hearing instrument fitter/dispenser" means a
person who is licensed to engage in the practice of fitting
and dispensing of hearing instruments and meets the qualifications of this chapter.
(13) "Hearing instrument fitter/dispenser permit holder"
means a person who practices under the direct supervision of
a licensed hearing instrument fitter/dispenser or certified
audiologist.
(14) "Secretary" means the secretary of health.
(15) "Certified speech-language pathologist" means a
person who is certified by the department to engage in the
practice of speech-language pathology and meets the
qualifications of this chapter.
(16) "Speech-language pathology" means the application
of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic
origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related
disorders of speech, articulation, fluency, voice, verbal and
written language, auditory comprehension, cognition/communication, and the application of augmentative
communication treatment and devices for treatment of such
disorders. [1996 c 200 § 2; 1993 c 313 § 1; 1991 c 3 § 80;
1983 c 39 § 1; 1979 c 158 § 38; 1973 1st ex.s. c 106 § 1.]
18.35.010 Definitions. (Effective January 1, 2003.)
As used in this chapter, unless the context requires otherwise:
(1) "Assistive listening device or system" means an
amplification system that is specifically designed to improve
the signal to noise ratio for the listener, reduce interference
from noise in the background, and enhance hearing levels at
a distance by picking up sound from as close to source as
possible and sending it directly to the ear of the listener,
excluding hearing instruments as defined in this chapter.
(2) "Licensed audiologist" means a person who is
licensed by the department to engage in the practice of
audiology and meets the qualifications in this chapter.
(3) "Audiology" means the application of principles,
methods, and procedures related to hearing and the disorders
of hearing and to related language and speech disorders,
whether of organic or nonorganic origin, peripheral or central, that impede the normal process of human communica[Title 18 RCW—page 90]
tion including, but not limited to, disorders of auditory
sensitivity, acuity, function, processing, or vestibular function, the application of aural habilitation, rehabilitation, and
appropriate devices including fitting and dispensing of
hearing instruments, and cerumen management to treat such
disorders.
(4) "Board" means the board of hearing and speech.
(5) "Department" means the department of health.
(6) "Direct supervision" means that the supervisor is
physically present and in the same room with the interim
permit holder, observing the nondiagnostic testing, fitting,
and dispensing activities at all times.
(7) "Establishment" means any permanent site housing
a person engaging in the practice of fitting and dispensing of
hearing instruments by a hearing instrument fitter/dispenser
or audiologist; where the client can have personal contact
and counsel during the firm’s business hours; where business
is conducted; and the address of which is given to the state
for the purpose of bonding.
(8) "Facility" means any permanent site housing a
person engaging in the practice of speech-language pathology and/or audiology, excluding the sale, lease, or rental of
hearing instruments.
(9) "Fitting and dispensing of hearing instruments"
means the sale, lease, or rental or attempted sale, lease, or
rental of hearing instruments together with the selection and
modification of hearing instruments and the administration
of nondiagnostic tests as specified by RCW 18.35.110 and
the use of procedures essential to the performance of these
functions; and includes recommending specific hearing
instrument systems, specific hearing instruments, or specific
hearing instrument characteristics, the taking of impressions
for ear molds for these purposes, the use of nondiagnostic
procedures and equipment to verify the appropriateness of
the hearing instrument fitting, and hearing instrument
orientation. The fitting and dispensing of hearing instruments as defined by this chapter may be equally provided by
a licensed hearing instrument fitter/dispenser or licensed
audiologist.
(10) "Good standing" means a licensed hearing instrument fitter/dispenser, licensed audiologist, or licensed
speech-language pathologist whose license has not been
subject to sanctions pursuant to chapter 18.130 RCW or
sanctions by other states, territories, or the District of
Columbia in the last two years.
(11) "Hearing instrument" means any wearable prosthetic instrument or device designed for or represented as aiding,
improving, compensating for, or correcting defective human
hearing and any parts, attachments, or accessories of such an
instrument or device, excluding batteries and cords, ear
molds, and assistive listening devices.
(12) "Hearing instrument fitter/dispenser" means a
person who is licensed to engage in the practice of fitting
and dispensing of hearing instruments and meets the qualifications of this chapter.
(13) "Interim permit holder" means a person who holds
the permit created under RCW 18.35.060 and who practices
under the direct supervision of a licensed hearing instrument
fitter/dispenser, licensed speech-language pathologist, or
licensed audiologist.
(14) "Secretary" means the secretary of health.
(2002 Ed.)
Hearing and Speech Services
(15) "Licensed speech-language pathologist" means a
person who is licensed by the department to engage in the
practice of speech-language pathology and meets the
qualifications of this chapter.
(16) "Speech-language pathology" means the application
of principles, methods, and procedures related to the development and disorders, whether of organic or nonorganic
origin, that impede oral, pharyngeal, or laryngeal sensorimotor competencies and the normal process of human communication including, but not limited to, disorders and related
disorders of speech, articulation, fluency, voice, verbal and
written language, auditory comprehension, cognition/communication, and the application of augmentative
communication treatment and devices for treatment of such
disorders. [2002 c 310 § 1; 1998 c 142 § 1; 1996 c 200 §
2; 1993 c 313 § 1; 1991 c 3 § 80; 1983 c 39 § 1; 1979 c
158 § 38; 1973 1st ex.s. c 106 § 1.]
Effective date—2002 c 310: "This act takes effect January 1, 2003."
[2002 c 310 § 27.]
Effective date—1998 c 142 §§ 1-14 and 16-20: "Sections 1 through
14 and 16 through 20 of this act take effect January 1, 2003." [1998 c 142
§ 21.]
18.35.020 Hearing instruments—Dispensing—
License, certificate, permit required. (Effective until
January 1, 2003.) No person shall engage in the fitting and
dispensing of hearing instruments or imply or represent that
he or she is engaged in the fitting and dispensing of hearing
instruments unless he or she is a licensed hearing instrument
fitter/dispenser or a certified audiologist or holds a hearing
instrument fitter/dispenser permit or audiology interim permit
issued by the department as provided in this chapter and is
an owner or employee of an establishment that is bonded as
provided by RCW 18.35.240. The owner or manager of an
establishment that dispenses hearing instruments is responsible under this chapter for all transactions made in the
establishment name or conducted on its premises by agents
or persons employed by the establishment engaged in fitting
and dispensing of hearing instruments. Every establishment
that fits and dispenses shall have in its employ at least one
licensed hearing instrument fitter/dispenser or certified
audiologist at all times, and shall annually submit proof that
all testing equipment at that establishment that is required by
the board to be calibrated has been properly calibrated.
[1996 c 200 § 3; 1989 c 198 § 1; 1983 c 39 § 2; 1973 1st
ex.s c 106 § 2.]
18.35.020 Hearing instruments—Dispensing—
License, certificate, permit required. (Effective January
1, 2003.) (1) No person shall engage in the fitting and
dispensing of hearing instruments or imply or represent that
he or she is engaged in the fitting and dispensing of hearing
instruments unless he or she is a licensed hearing instrument
fitter/dispenser or a licensed audiologist or holds an interim
permit issued by the department as provided in this chapter
and is an owner or employee of an establishment that is
bonded as provided by RCW 18.35.240. The owner or
manager of an establishment that dispenses hearing instruments is responsible under this chapter for all transactions
made in the establishment name or conducted on its premises
by agents or persons employed by the establishment engaged
in fitting and dispensing of hearing instruments. Every
(2002 Ed.)
18.35.010
establishment that fits and dispenses shall have in its employ
at least one licensed hearing instrument fitter/dispenser or licensed audiologist at all times, and shall annually submit
proof that all testing equipment at that establishment that is
required by the board to be calibrated has been properly
calibrated.
(2) Effective January 1, 2003, no person shall engage in
the practice of audiology or imply or represent that he or she
is engaged in the practice of audiology unless he or she is a
licensed audiologist or holds an audiology interim permit
issued by the department as provided in this chapter.
Audiologists who are certified as educational staff associates
by the state board of education are excluded unless they
elect to become licensed under this chapter.
(3) Effective January 1, 2003, no person shall engage in
the practice of speech-language pathology or imply or
represent that he or she is engaged in the practice of speechlanguage pathology unless he or she is a licensed speech-language pathologist or holds a speech-language pathology
interim permit issued by the department as provided in this
chapter. Speech-language pathologists who are certified as
educational staff associates by the state board of education
are excluded unless they elect to become licensed under this
chapter. [2002 c 310 § 2; 1998 c 142 § 2; 1996 c 200 § 3;
1989 c 198 § 1; 1983 c 39 § 2; 1973 1st ex.s c 106 § 2.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.030 Receipt required—Contents. (Effective
until January 1, 2003.) Any person who engages in fitting
and dispensing of hearing instruments shall provide to each
person who enters into an agreement to purchase a hearing
instrument a receipt at the time of the agreement containing
the following information:
(1) The seller’s name, signature, license, certificate, or
permit number, address, and phone number of his or her
regular place of business;
(2) A description of the instrument furnished, including
make, model, circuit options, and the term "used" or "reconditioned" if applicable;
(3) A disclosure of the cost of all services including but
not limited to the cost of testing and fitting, the actual cost
of the hearing instrument furnished, the cost of ear molds if
any, and the terms of the sale. These costs, including the
cost of ear molds, shall be known as the total purchase price.
The receipt shall also contain a statement of the purchaser’s
recision rights under this chapter and an acknowledgment
that the purchaser has read and understands these rights.
Upon request, the purchaser shall also be supplied with a
signed and dated copy of any hearing evaluation performed
by the seller.
(4) At the time of delivery of the hearing instrument, the
purchaser shall also be furnished with the serial number of
the hearing instrument supplied. [1996 c 200 § 4; 1983 c 39
§ 3; 1973 1st ex.s. c 106 § 3.]
18.35.030 Receipt required—Contents. (Effective
January 1, 2003.) Any person who engages in fitting and
dispensing of hearing instruments shall provide to each
person who enters into an agreement to purchase a hearing
[Title 18 RCW—page 91]
18.35.030
Title 18 RCW: Businesses and Professions
instrument a receipt at the time of the agreement containing
the following information:
(1) The seller’s name, signature, license, or permit
number, address, and phone number of his or her regular
place of business;
(2) A description of the instrument furnished, including
make, model, circuit options, and the term "used" or "reconditioned" if applicable;
(3) A disclosure of the cost of all services including but
not limited to the cost of testing and fitting, the actual cost
of the hearing instrument furnished, the cost of ear molds if
any, and the terms of the sale. These costs, including the
cost of ear molds, shall be known as the total purchase price.
The receipt shall also contain a statement of the purchaser’s
recision rights under this chapter and an acknowledgment
that the purchaser has read and understands these rights.
Upon request, the purchaser shall also be supplied with a
signed and dated copy of any hearing evaluation performed
by the seller.
(4) At the time of delivery of the hearing instrument, the
purchaser shall also be furnished with the serial number of
the hearing instrument supplied. [2002 c 310 § 3; 1996 c
200 § 4; 1983 c 39 § 3; 1973 1st ex.s. c 106 § 3.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.040 Applicants—Generally. (Effective until
January 1, 2003.) (1) An applicant for licensure as a
hearing instrument fitter/dispenser must have the following
minimum qualifications and shall pay a fee determined by
the secretary as provided in RCW 43.70.250. An applicant
shall be issued a license under the provisions of this chapter
if the applicant:
(a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or
(ii) Holds a current, unsuspended, unrevoked license
from another jurisdiction if the standards for licensing in
such other jurisdiction are substantially equivalent to those
prevailing in this state;
(b) After December 31, 1996, has at least six months of
apprenticeship training that meets requirements established
by the board. The board may waive part or all of the
apprenticeship training in recognition of formal education in
fitting and dispensing of hearing instruments or in recognition of previous licensure in Washington or in another state,
territory, or the District of Columbia;
(c) Is at least twenty-one years of age; and
(d) Has not committed unprofessional conduct as
specified by the uniform disciplinary act.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to rules
adopted by the board.
(2) An applicant for certification as a speech-language
pathologist or audiologist must have the following minimum
qualifications:
(a) Has not committed unprofessional conduct as
specified by the uniform disciplinary act;
(b) Has a master’s degree or the equivalent, or a
doctorate degree or the equivalent, from a program at a
board-approved institution of higher learning, which includes
[Title 18 RCW—page 92]
completion of a supervised clinical practicum experience as
defined by rules adopted by the board; and
(c) Has completed postgraduate professional work
experience approved by the board.
All qualified applicants must satisfactorily complete the
speech-language pathology or audiology examinations
required by this chapter.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to rules
adopted by the board. [1996 c 200 § 5; 1991 c 3 § 81; 1989
c 198 § 2; 1985 c 7 § 30; 1983 c 39 § 4; 1975 1st ex.s. c 30
§ 36; 1973 1st ex.s. c 106 § 4.]
18.35.040 Applicants—Generally. (Effective
January 1, 2003.) (1) An applicant for licensure as a
hearing instrument fitter/dispenser must have the following
minimum qualifications and shall pay a fee determined by
the secretary as provided in RCW 43.70.250. An applicant
shall be issued a license under the provisions of this chapter
if the applicant:
(a)(i) Satisfactorily completes the hearing instrument fitter/dispenser examination required by this chapter; or
(ii) Holds a current, unsuspended, unrevoked license
from another jurisdiction if the standards for licensing in
such other jurisdiction are substantially equivalent to those
prevailing in this state;
(b) Satisfactorily completes a minimum of a two-year
degree program in hearing instrument fitter/dispenser
instruction. The program must be approved by the board;
and
(c) Has not committed unprofessional conduct as
specified by the uniform disciplinary act.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to rules
adopted by the board.
(2) An applicant for licensure as a speech-language
pathologist or audiologist must have the following minimum
qualifications:
(a) Has not committed unprofessional conduct as
specified by the uniform disciplinary act;
(b) Has a master’s degree or the equivalent, or a
doctorate degree or the equivalent, from a program at a
board-approved institution of higher learning, which includes
completion of a supervised clinical practicum experience as
defined by rules adopted by the board; and
(c) Has completed postgraduate professional work
experience approved by the board.
All qualified applicants must satisfactorily complete the
speech-language pathology or audiology examinations
required by this chapter.
The applicant must present proof of qualifications to the
board in the manner and on forms prescribed by the secretary and proof of completion of a minimum of four clock
hours of AIDS education and training pursuant to rules
adopted by the board. [2002 c 310 § 4; 1998 c 142 § 3;
1996 c 200 § 5; 1991 c 3 § 81; 1989 c 198 § 2; 1985 c 7 §
(2002 Ed.)
Hearing and Speech Services
30; 1983 c 39 § 4; 1975 1st ex.s. c 30 § 36; 1973 1st ex.s.
c 106 § 4.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.050 Examination—Required—When offered—Review. (Effective until January 1, 2003.) Except
as otherwise provided in this chapter an applicant for license
or certification shall appear at a time and place and before
such persons as the department may designate to be examined by written or practical tests, or both. Examinations in
hearing instrument fitting/dispensing, speech-language
pathology, and audiology shall be held within the state at
least once a year. The examinations shall be reviewed
annually by the board and the department, and revised as
necessary. The examinations shall include appropriate
subject matter to ensure the competence of the applicant.
Nationally recognized examinations in the fields of fitting
and dispensing of hearing instruments, speech-language pathology, and audiology may be used to determine if applicants are qualified for licensure or certification. An applicant who fails an examination may apply for reexamination
upon payment of a reexamination fee. The hearing instrument fitting/dispensing reexamination fee for hearing
instrument fitter/dispensers and audiologists shall be set by
the secretary under RCW 43.70.250. [1996 c 200 § 6; 1993
c 313 § 2; 1989 c 198 § 3; 1983 c 39 § 5; 1973 1st ex.s. c
106 § 5.]
18.35.050 Examination—Required—When offered—Review. (Effective January 1, 2003.) Except as
otherwise provided in this chapter an applicant for license
shall appear at a time and place and before such persons as
the department may designate to be examined by written or
practical tests, or both. Examinations in hearing instrument
fitting/dispensing, speech-language pathology, and audiology
shall be held within the state at least once a year. The
examinations shall be reviewed annually by the board and
the department, and revised as necessary. The examinations
shall include appropriate subject matter to ensure the
competence of the applicant. Nationally recognized examinations in the fields of fitting and dispensing of hearing
instruments, speech-language pathology, and audiology may
be used to determine if applicants are qualified for licensure.
An applicant who fails an examination may apply for
reexamination upon payment of a reexamination fee. The
hearing instrument fitting/dispensing reexamination fee for
hearing instrument fitter/dispensers and audiologists shall be
set by the secretary under RCW 43.70.250. [2002 c 310 §
5; 1996 c 200 § 6; 1993 c 313 § 2; 1989 c 198 § 3; 1983 c
39 § 5; 1973 1st ex.s. c 106 § 5.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.060 Hearing instrument fitter/dispenser
permit. (Effective until January 1, 2003.) (1) The department shall issue a hearing instrument fitting/dispensing
permit to any applicant who has shown to the satisfaction of
the department that the applicant:
(a) Is at least twenty-one years of age;
(2002 Ed.)
18.35.040
(b) If issued a hearing instrument fitter/dispenser permit,
would be employed and directly supervised in the fitting and
dispensing of hearing instruments by a person licensed or
certified in good standing as a hearing instrument fitter/dispenser or audiologist for at least two years unless
otherwise approved by the board;
(c) Has complied with administrative procedures,
administrative requirements, and fees determined as provided
in RCW 43.70.250 and 43.70.280;
(d) Has not committed unprofessional conduct as
specified by the uniform disciplinary act; and
(e) Is a high school graduate or the equivalent.
The provisions of RCW 18.35.030, 18.35.110, and
18.35.120 shall apply to any person issued a hearing instrument fitter/dispenser permit. Pursuant to the provisions of
this section, a person issued a hearing instrument fitter/dispenser permit may engage in the fitting and dispensing
of hearing instruments without having first passed the
hearing instrument fitter/dispenser examination provided
under this chapter.
(2) The hearing instrument fitter/dispenser permit shall
contain the names of the employer and the licensed or
certified supervisor under this chapter who are employing
and supervising the hearing instrument fitter/dispenser permit
holder and those persons shall execute an acknowledgment
of responsibility for all acts of the hearing instrument
fitter/dispenser permit holder in connection with the fitting
and dispensing of hearing instruments.
(3) A hearing instrument fitter/dispenser permit holder
may fit and dispense hearing instruments, but only if the
hearing instrument fitter/dispenser permit holder is under the
direct supervision of a licensed hearing instrument fitter/dispenser or certified audiologist under this chapter in a
capacity other than as a hearing instrument fitter/dispenser
permit holder. Direct supervision by a licensed hearing
instrument fitter/dispenser or certified audiologist shall be
required whenever the hearing instrument fitter/dispenser
permit holder is engaged in the fitting or dispensing of
hearing instruments during the hearing instrument fitter/dispenser permit holder’s employment. The board shall
develop and adopt guidelines on any additional supervision
or training it deems necessary.
(4) The hearing instrument fitter/dispenser permit
expires one year from the date of its issuance except that on
recommendation of the board the permit may be reissued for
one additional year only.
(5) No certified audiologist or licensed hearing instrument fitter/dispenser under this chapter may assume the
responsibility for more than one hearing instrument fitter/dispenser permit holder at any one time.
(6) The department, upon approval by the board, shall
issue an interim permit authorizing an applicant for speechlanguage pathologist certification or audiologist certification
who, except for the postgraduate professional experience and
the examination requirements, meets the academic and
practicum requirements of RCW 18.35.040 to practice under
interim permit supervision by a certified speech-language
pathologist or certified audiologist. The interim permit is
valid for a period of one year from date of issuance. The
board shall determine conditions for the interim permit.
[1997 c 275 § 3. Prior: 1996 c 200 § 7; 1996 c 191 § 19;
[Title 18 RCW—page 93]
18.35.060
Title 18 RCW: Businesses and Professions
1993 c 313 § 3; 1991 c 3 § 82; 1985 c 7 § 31; 1983 c 39 §
6; 1975 1st ex.s. c 30 § 37; 1973 1st ex.s. c 106 § 6.]
18.35.060 Interim permit—Issuance. (Effective
January 1, 2003.) The department, upon approval by the
board, shall issue an interim permit authorizing an applicant
for speech-language pathologist licensure or audiologist
licensure who, except for the postgraduate professional
experience and the examination requirements, meets the
academic and practicum requirements of RCW 18.35.040(2)
to practice under direct supervision. The interim permit is
valid for a period of one year from date of issuance. The
board shall determine conditions for the interim permit.
[2002 c 310 § 6; 1998 c 142 § 4; 1997 c 275 § 3. Prior:
1996 c 200 § 7; 1996 c 191 § 19; 1993 c 313 § 3; 1991 c 3
§ 82; 1985 c 7 § 31; 1983 c 39 § 6; 1975 1st ex.s. c 30 §
37; 1973 1st ex.s. c 106 § 6.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.070 Examination—Contents—Tests. The
hearing instrument fitter/dispenser written or practical
examination, or both, provided in RCW 18.35.050 shall
consist of:
(1) Tests of knowledge in the following areas as they
pertain to the fitting of hearing instruments:
(a) Basic physics of sound;
(b) The human hearing mechanism, including the
science of hearing and the causes and rehabilitation of
abnormal hearing and hearing disorders; and
(c) Structure and function of hearing instruments.
(2) Tests of proficiency in the following areas as they
pertain to the fitting of hearing instruments:
(a) Pure tone audiometry, including air conduction
testing and bone conduction testing;
(b) Live voice or recorded voice speech audiometry,
including speech reception threshold testing and speech
discrimination testing;
(c) Effective masking;
(d) Recording and evaluation of audiograms and speech
audiometry to determine hearing instrument candidacy;
(e) Selection and adaptation of hearing instruments and
testing of hearing instruments; and
(f) Taking ear mold impressions.
(3) Evidence of knowledge regarding the medical and
rehabilitation facilities for children and adults that are
available in the area served.
(4) Evidence of knowledge of grounds for revocation or
suspension of license under the provisions of this chapter.
(5) Any other tests as the board may by rule establish.
[1996 c 200 § 8; 1973 1st ex.s. c 106 § 7.]
18.35.080 License—Certification—Generally.
(Effective until January 1, 2003.) (1) The department shall
license or certify each qualified applicant who satisfactorily
completes the required examinations for his or her profession
and complies with administrative procedures and administrative requirements established pursuant to RCW 43.70.250
and 43.70.280.
(2) The board shall waive the examination and grant a
speech-language pathology certificate to a person engaged in
the profession of speech-language pathology in this state on
June 6, 1996, if the board determines that the person meets
commonly accepted standards for the profession, as defined
by rules adopted by the board. Persons eligible for certification under this subsection must apply for a certificate before
July 1, 1997.
(3) The board shall waive the examinations and grant an
audiology certificate to a person engaged in the profession
of audiology in this state on June 6, 1996, if the board
determines that the person meets the commonly accepted
standards for the profession and has passed the hearing
instrument fitter/dispenser examination. Persons eligible for
certification under this subsection must apply for a certificate
before July 1, 1997.
(4) The board shall grant an audiology certificate to a
person engaged in the profession of audiology, who has not
been licensed as a hearing instrument fitter/dispenser, but
who meets the commonly accepted standards for the profession of audiology and graduated from a board-approved
program after January 1, 1993, and has passed sections of
the examination pertaining to RCW 18.35.070 (3), (4), and
(5). Persons eligible for certification under this subsection
must apply for a certificate before July 1, 1997.
(5) Persons engaged in the profession of audiology who
meet the commonly accepted standards for the profession of
audiology and graduated from a board-approved program
prior to January 1, 1993, and who have not passed the
hearing instrument fitter/dispenser examination shall be
granted a temporary audiology certificate (nondispensing) for
a period of two years from June 6, 1996, during which time
they must pass sections of the hearing instrument fitter/dispenser examination pertaining to RCW 18.35.070
(1)(c), (2)(e) and (f), (3), (4), and (5). The board may
extend the term of the temporary certificate upon review.
Persons eligible for certification under this subsection must
apply for a certificate before July 1, 1997. [1997 c 275 § 4.
Prior: 1996 c 200 § 9; 1996 c 191 § 20; 1991 c 3 § 83;
1989 c 198 § 4; 1985 c 7 § 32; 1975 1st ex.s. c 30 § 38;
1973 1st ex.s. c 106 § 8.]
18.35.080 License—Generally. (Effective January
1, 2003.) (1) The department shall license each qualified
applicant who satisfactorily completes the required examinations for his or her profession and complies with administrative procedures and administrative requirements established pursuant to RCW 43.70.250 and 43.70.280.
(2) The board shall waive the requirements of RCW
18.35.040 and 18.35.050 and grant an audiology license to
a person who on January 1, 2003, holds a current audiology
certificate issued by the department.
(3) The board shall waive the requirements of RCW
18.35.040 and 18.35.050 and grant a speech-language
pathology license to a person who on January 1, 2003, holds
a current speech-language pathology certificate issued by the
department. [2002 c 310 § 7; 1997 c 275 § 4. Prior: 1996
c 200 § 9; 1996 c 191 § 20; 1991 c 3 § 83; 1989 c 198 § 4;
1985 c 7 § 32; 1975 1st ex.s. c 30 § 38; 1973 1st ex.s. c 106
§ 8.]
Effective date—2002 c 310: See note following RCW 18.35.010.
[Title 18 RCW—page 94]
(2002 Ed.)
Hearing and Speech Services
18.35.085 Credentialing by endorsement. An
applicant holding a credential in another state, territory, or
the District of Columbia may be credentialed to practice in
this state without examination if the board determines that
the other state’s credentialing standards are substantially
equivalent to the standards in this state. [1996 c 200 § 10;
1991 c 332 § 31.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.35.090 Compliance with administrative procedures, requirements—Display of license—Continuing
education, competency standards. (Effective until January 1, 2003.) Each person who engages in practice under
this chapter shall comply with administrative procedures and
administrative requirements established under RCW
43.70.250 and 43.70.280 and shall keep the license, certificate, or permit conspicuously posted in the place of business
at all times. The secretary may establish mandatory continuing education requirements and/or continued competency
standards to be met by licensees or certificate or permit
holders as a condition for license, certificate, or permit
renewal. [1997 c 275 § 5. Prior: 1996 c 200 § 11; 1996 c
191 § 21; 1991 c 3 § 84; 1989 c 198 § 5; 1985 c 7 § 33;
1983 c 39 § 7; 1973 1st ex.s. c 106 § 9.]
18.35.090 Compliance with administrative procedures, requirements—Display of license—Continuing
education, competency standards. (Effective January 1,
2003.) Each person who engages in practice under this
chapter shall comply with administrative procedures and
administrative requirements established under RCW
43.70.250 and 43.70.280 and shall keep the license or
interim permit conspicuously posted in the place of business
at all times. The secretary may establish mandatory continuing education requirements and/or continued competency
standards to be met by licensees or interim permit holders as
a condition for license or interim permit renewal. [2002 c
310 § 8; 1998 c 142 § 5; 1997 c 275 § 5. Prior: 1996 c
200 § 11; 1996 c 191 § 21; 1991 c 3 § 84; 1989 c 198 § 5;
1985 c 7 § 33; 1983 c 39 § 7; 1973 1st ex.s. c 106 § 9.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.095 Licensees—Inactive status. (Effective
until January 1, 2003.) (1) A hearing instrument fitter/dispenser licensed under this chapter and not actively
practicing may be placed on inactive status by the department at the written request of the licensee. The board shall
define by rule the conditions for inactive status licensure. In
addition to the requirements of RCW 43.24.086, the licensing fee for a licensee on inactive status shall be directly
related to the costs of administering an inactive license by
the department. A hearing instrument fitter/dispenser on
inactive status may be voluntarily placed on active status by
notifying the department in writing, paying the remainder of
the licensing fee for the licensing year, and complying with
subsection (2) of this section.
(2) Hearing instrument fitter/dispenser inactive licensees
applying for active licensure shall comply with the follow(2002 Ed.)
18.35.085
ing: A licensee who has not fitted or dispensed hearing
instruments for more than five years from the expiration of
the licensee’s full fee license shall retake the practical or the
written, or both, hearing instrument fitter/dispenser examinations required under this chapter and other requirements as
determined by the board. Persons who have inactive status
in this state but who are actively licensed and in good
standing in any other state shall not be required to take the
hearing instrument fitter/dispenser practical examination, but
must submit an affidavit attesting to their knowledge of the
current Washington Administrative Code rules and Revised
Code of Washington statutes pertaining to the fitting and dispensing of hearing instruments.
(3) A speech-language pathologist or audiologist
certified under this chapter and not actively practicing either
speech-language pathology or audiology may be placed on
inactive status by the department at the written request of the
certificate holder. The board shall define by rule the
conditions for inactive status certification. In addition to the
requirements of RCW 43.24.086, the fee for a certificate on
inactive status shall be directly related to the cost of administering an inactive certificate by the department. A person
on inactive status may be voluntarily placed on active status
by notifying the department in writing, paying the remainder
of the fee for the year, and complying with subsection (4) of
this section.
(4) Speech-language pathologist or audiologist inactive
certificate holders applying for active certification shall
comply with requirements set forth by the board, which may
include completion of continuing competency requirements
and taking an examination. [1996 c 200 § 12; 1993 c 313
§ 12.]
18.35.095 Licensees—Inactive status. (Effective
January 1, 2003.) (1) A hearing instrument fitter/dispenser
licensed under this chapter and not actively practicing may
be placed on inactive status by the department at the written
request of the licensee. The board shall define by rule the
conditions for inactive status licensure. In addition to the
requirements of RCW 43.24.086, the licensing fee for a
licensee on inactive status shall be directly related to the
costs of administering an inactive license by the department.
A hearing instrument fitter/dispenser on inactive status may
be voluntarily placed on active status by notifying the
department in writing, paying the remainder of the licensing
fee for the licensing year, and complying with subsection (2)
of this section.
(2) Hearing instrument fitter/dispenser inactive licensees
applying for active licensure shall comply with the following: A licensee who has not fitted or dispensed hearing
instruments for more than five years from the expiration of
the licensee’s full fee license shall retake the practical or the
written, or both, hearing instrument fitter/dispenser examinations required under this chapter and other requirements as
determined by the board. Persons who have inactive status
in this state but who are actively licensed and in good
standing in any other state shall not be required to take the
hearing instrument fitter/dispenser practical examination, but
must submit an affidavit attesting to their knowledge of the
[Title 18 RCW—page 95]
18.35.095
Title 18 RCW: Businesses and Professions
current Washington Administrative Code rules and Revised
Code of Washington statutes pertaining to the fitting and dispensing of hearing instruments.
(3) A speech-language pathologist or audiologist
licensed under this chapter and not actively practicing either
speech-language pathology or audiology may be placed on
inactive status by the department at the written request of the
license holder. The board shall define by rule the conditions
for inactive status licensure. In addition to the requirements
of RCW 43.24.086, the fee for a license on inactive status
shall be directly related to the cost of administering an
inactive license by the department. A person on inactive
status may be voluntarily placed on active status by notifying
the department in writing, paying the remainder of the fee
for the year, and complying with subsection (4) of this
section.
(4) Speech-language pathologist or audiologist inactive
license holders applying for active licensure shall comply
with requirements set forth by the board, which may include
completion of continuing competency requirements and
taking an examination. [2002 c 310 § 9; 1996 c 200 § 12;
1993 c 313 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.100 Place of business. (Effective until January
1, 2003.) (1) Every hearing instrument fitter/dispenser,
audiologist, speech-language pathologist, hearing instrument
fitter/dispenser permit holder, or interim permit holder, who
is regulated under this chapter, shall notify the department in
writing of the regular address of the place or places in the
state of Washington where the person practices or intends to
practice more than twenty consecutive business days and of
any change thereof within ten days of such change. Failure
to notify the department in writing shall be grounds for suspension or revocation of license, certificate, or permit.
(2) The department shall keep a record of the places of
business of persons who hold licenses, certificates, or
permits.
(3) Any notice required to be given by the department
to a person who holds a license, certificate, or permit may be
given by mailing it to the address of the last establishment
or facility of which the person has notified the department,
except that notice to a licensee or certificate or permit holder
of proceedings to deny, suspend, or revoke the license,
certificate, or permit shall be by certified or registered mail
or by means authorized for service of process. [1996 c 200
§ 13; 1983 c 39 § 8; 1973 1st ex.s. c 106 § 10.]
18.35.100 Place of business. (Effective January 1,
2003.) (1) Every hearing instrument fitter/dispenser,
audiologist, speech-language pathologist, or interim permit
holder, who is regulated under this chapter, shall notify the
department in writing of the regular address of the place or
places in the state of Washington where the person practices
or intends to practice more than twenty consecutive business
days and of any change thereof within ten days of such
change. Failure to notify the department in writing shall be
grounds for suspension or revocation of the license or
interim permit.
(2) The department shall keep a record of the places of
business of persons who hold licenses or interim permits.
[Title 18 RCW—page 96]
(3) Any notice required to be given by the department
to a person who holds a license or interim permit may be
given by mailing it to the address of the last establishment
or facility of which the person has notified the department,
except that notice to a licensee or interim permit holder of
proceedings to deny, suspend, or revoke the license or
interim permit shall be by certified or registered mail or by
means authorized for service of process. [2002 c 310 § 10;
1998 c 142 § 6; 1996 c 200 § 13; 1983 c 39 § 8; 1973 1st
ex.s. c 106 § 10.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.105 Records—Contents. (Effective until
January 1, 2003.) Each licensee and certificate and permit
holder under this chapter shall keep records of all services
rendered for a minimum of three years. These records shall
contain the names and addresses of all persons to whom
services were provided. Hearing instrument fitter/dispensers,
audiologists, and permit holders shall also record the date the
hearing instrument warranty expires, a description of the
services and the dates the services were provided, and copies
of any contracts and receipts. All records, as required
pursuant to this chapter or by rule, shall be owned by the
establishment or facility and shall remain with the establishment or facility in the event the licensee or certificate holder
changes employment. If a contract between the establishment or facility and the licensee or certificate holder provides that the records are to remain with the licensee or
certificate holder, copies of such records shall be provided
to the establishment or facility. [1996 c 200 § 14; 1989 c
198 § 6; 1983 c 39 § 16.]
18.35.105 Records—Contents. (Effective January 1,
2003.) Each licensee and interim permit holder under this
chapter shall keep records of all services rendered for a
minimum of three years. These records shall contain the
names and addresses of all persons to whom services were
provided. Hearing instrument fitter/dispensers, audiologists,
and interim permit holders shall also record the date the
hearing instrument warranty expires, a description of the
services and the dates the services were provided, and copies
of any contracts and receipts. All records, as required
pursuant to this chapter or by rule, shall be owned by the
establishment or facility and shall remain with the establishment or facility in the event the licensee changes employment. If a contract between the establishment or facility and
the licensee provides that the records are to remain with the
licensee, copies of such records shall be provided to the
establishment or facility. [2002 c 310 § 11; 1998 c 142 § 7;
1996 c 200 § 14; 1989 c 198 § 6; 1983 c 39 § 16.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.110 Disciplinary action—Grounds. (Effective
until January 1, 2003.) In addition to causes specified
under RCW 18.130.170 and 18.130.180, any person licensed
or holding a permit or certificate under this chapter may be
(2002 Ed.)
Hearing and Speech Services
subject to disciplinary action by the board for any of the
following causes:
(1) For unethical conduct in dispensing hearing instruments. Unethical conduct shall include, but not be limited
to:
(a) Using or causing or promoting the use of, in any
advertising matter, promotional literature, testimonial,
guarantee, warranty, label, brand, insignia, or any other
representation, however disseminated or published, which is
false, misleading or deceptive;
(b) Failing or refusing to honor or to perform as
represented any representation, promise, agreement, or
warranty in connection with the promotion, sale, dispensing,
or fitting of the hearing instrument;
(c) Advertising a particular model, type, or kind of
hearing instrument for sale which purchasers or prospective
purchasers responding to the advertisement cannot purchase
or are dissuaded from purchasing and where it is established
that the purpose of the advertisement is to obtain prospects
for the sale of a different model, type, or kind than that
advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are
found or should have been found to exist either from
observations by the licensee or certificate or permit holder or
on the basis of information furnished by the prospective
hearing instrument user prior to fitting and dispensing a
hearing instrument to any such prospective hearing instrument user, failing to advise that prospective hearing instrument user in writing that the user should first consult a licensed physician specializing in diseases of the ear or if no
such licensed physician is available in the community then
to any duly licensed physician:
(A) Visible congenital or traumatic deformity of the ear,
including perforation of the eardrum;
(B) History of, or active drainage from the ear within
the previous ninety days;
(C) History of sudden or rapidly progressive hearing
loss within the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable
standards have been established as defined by the food and
drug administration;
(G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the board may by rule
establish. It is a violation of this subsection for any licensee
or certificate holder or that licensee’s or certificate holder’s
employees and putative agents upon making such required
referral for medical opinion to in any manner whatsoever
disparage or discourage a prospective hearing instrument
user from seeking such medical opinion prior to the fitting
and dispensing of a hearing instrument. No such referral for
medical opinion need be made by any licensed hearing instrument fitter/dispenser, certified audiologist, or permit
holder in the instance of replacement only of a hearing
instrument which has been lost or damaged beyond repair
within twelve months of the date of purchase. The licensed
hearing instrument fitter/dispenser, certified audiologist, or
permit holder or their employees or putative agents shall
(2002 Ed.)
18.35.110
obtain a signed statement from the hearing instrument user
documenting the waiver of medical clearance and the waiver
shall inform the prospective user that signing the waiver is
not in the user’s best health interest: PROVIDED, That the
licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall maintain a copy of either the
physician’s statement showing that the prospective hearing
instrument user has had a medical evaluation within the
previous six months or the statement waiving medical evaluation, for a period of three years after the purchaser’s
receipt of a hearing instrument. Nothing in this section
required to be performed by a licensee or certificate or
permit holder shall mean that the licensee or certificate or
permit holder is engaged in the diagnosis of illness or the
practice of medicine or any other activity prohibited under
the laws of this state;
(ii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been
examined and cleared for hearing instrument use within the
previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or
except in the case of the parents or guardian of such person
refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person
refuse, for good cause, to seek medical opinion, the licensed
hearing instrument fitter/dispenser or certified audiologist
shall obtain from such parents or guardian a certificate to
that effect in a form as prescribed by the department;
(iii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been
examined by an audiologist who holds at least a master’s degree in audiology for recommendations during the previous
six months, without first advising such person or his or her
parents or guardian in writing that he or she should first
consult an audiologist who holds at least a master’s degree
in audiology, except in cases of hearing instruments replaced
within twelve months of their purchase;
(f) Representing that the services or advice of a person
licensed to practice medicine and surgery under chapter
18.71 RCW or osteopathic medicine and surgery under
chapter 18.57 RCW or of a clinical audiologist will be used
or made available in the selection, fitting, adjustment,
maintenance, or repair of hearing instruments when that is
not true, or using the word "doctor," "clinic," or other like
words, abbreviations, or symbols which tend to connote a
medical or osteopathic medicine and surgery profession
when such use is not accurate;
(g) Permitting another to use his or her license, certificate, or permit;
(h) Stating or implying that the use of any hearing
instrument will restore normal hearing, preserve hearing,
prevent or retard progression of a hearing impairment, or any
other false, misleading, or medically or audiologically
unsupportable claim regarding the efficiency of a hearing
instrument;
(i) Representing or implying that a hearing instrument
is or will be "custom-made," "made to order," "prescription
made," or in any other sense specially fabricated for an
individual when that is not the case; or
(j) Directly or indirectly offering, giving, permitting, or
causing to be given, money or anything of value to any
person who advised another in a professional capacity as an
[Title 18 RCW—page 97]
18.35.110
Title 18 RCW: Businesses and Professions
inducement to influence that person, or to have that person
influence others to purchase or contract to purchase any
product sold or offered for sale by the hearing instrument fitter/dispenser, audiologist, or permit holder, or to influence
any person to refrain from dealing in the products of
competitors.
(2) Engaging in any unfair or deceptive practice or
unfair method of competition in trade within the meaning of
RCW 19.86.020.
(3) Aiding or abetting any violation of the rebating laws
as stated in chapter 19.68 RCW. [1996 c 200 § 15; 1996 c
178 § 1; 1993 c 313 § 4; 1987 c 150 § 22; 1983 c 39 § 9;
1973 1st ex.s. c 106 § 11.]
Reviser’s note: This section was amended by 1996 c 178 § 1 and by
1996 c 200 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 178: "This act shall take effect July 1, 1996."
[1996 c 178 § 25.]
Severability—1987 c 150: See RCW 18.122.901.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.35.110 Disciplinary action—Grounds. (Effective
January 1, 2003.) In addition to causes specified under
RCW 18.130.170 and 18.130.180, any person licensed or
holding an interim permit under this chapter may be subject
to disciplinary action by the board for any of the following
causes:
(1) For unethical conduct in dispensing hearing instruments. Unethical conduct shall include, but not be limited
to:
(a) Using or causing or promoting the use of, in any
advertising matter, promotional literature, testimonial,
guarantee, warranty, label, brand, insignia, or any other
representation, however disseminated or published, which is
false, misleading or deceptive;
(b) Failing or refusing to honor or to perform as
represented any representation, promise, agreement, or
warranty in connection with the promotion, sale, dispensing,
or fitting of the hearing instrument;
(c) Advertising a particular model, type, or kind of
hearing instrument for sale which purchasers or prospective
purchasers responding to the advertisement cannot purchase
or are dissuaded from purchasing and where it is established
that the purpose of the advertisement is to obtain prospects
for the sale of a different model, type, or kind than that
advertised;
(d) Falsifying hearing test or evaluation results;
(e)(i) Whenever any of the following conditions are
found or should have been found to exist either from
observations by the licensee or interim permit holder or on
the basis of information furnished by the prospective hearing
instrument user prior to fitting and dispensing a hearing instrument to any such prospective hearing instrument user,
failing to advise that prospective hearing instrument user in
writing that the user should first consult a licensed physician
specializing in diseases of the ear or if no such licensed
physician is available in the community then to any duly
licensed physician:
(A) Visible congenital or traumatic deformity of the ear,
including perforation of the eardrum;
[Title 18 RCW—page 98]
(B) History of, or active drainage from the ear within
the previous ninety days;
(C) History of sudden or rapidly progressive hearing
loss within the previous ninety days;
(D) Acute or chronic dizziness;
(E) Any unilateral hearing loss;
(F) Significant air-bone gap when generally acceptable
standards have been established as defined by the food and
drug administration;
(G) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal;
(H) Pain or discomfort in the ear; or
(I) Any other conditions that the board may by rule
establish. It is a violation of this subsection for any licensee
or that licensee’s employees and putative agents upon
making such required referral for medical opinion to in any
manner whatsoever disparage or discourage a prospective
hearing instrument user from seeking such medical opinion
prior to the fitting and dispensing of a hearing instrument.
No such referral for medical opinion need be made by any
licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder in the instance of replacement
only of a hearing instrument which has been lost or damaged
beyond repair within twelve months of the date of purchase.
The licensed hearing instrument fitter/dispenser, licensed
audiologist, or interim permit holder or their employees or
putative agents shall obtain a signed statement from the
hearing instrument user documenting the waiver of medical
clearance and the waiver shall inform the prospective user
that signing the waiver is not in the user’s best health
interest: PROVIDED, That the licensed hearing instrument
fitter/dispenser, licensed audiologist, or interim permit holder
shall maintain a copy of either the physician’s statement
showing that the prospective hearing instrument user has had
a medical evaluation within the previous six months or the
statement waiving medical evaluation, for a period of three
years after the purchaser’s receipt of a hearing instrument.
Nothing in this section required to be performed by a
licensee or interim permit holder shall mean that the licensee
or interim permit holder is engaged in the diagnosis of
illness or the practice of medicine or any other activity
prohibited under the laws of this state;
(ii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been
examined and cleared for hearing instrument use within the
previous six months by a physician specializing in otolaryngology except in the case of replacement instruments or
except in the case of the parents or guardian of such person
refusing, for good cause, to seek medical opinion: PROVIDED, That should the parents or guardian of such person
refuse, for good cause, to seek medical opinion, the licensed
hearing instrument fitter/dispenser or licensed audiologist
shall obtain from such parents or guardian a certificate to
that effect in a form as prescribed by the department;
(iii) Fitting and dispensing a hearing instrument to any
person under eighteen years of age who has not been
examined by an audiologist who holds at least a master’s degree in audiology for recommendations during the previous
six months, without first advising such person or his or her
parents or guardian in writing that he or she should first
consult an audiologist who holds at least a master’s degree
(2002 Ed.)
Hearing and Speech Services
in audiology, except in cases of hearing instruments replaced
within twelve months of their purchase;
(f) Representing that the services or advice of a person
licensed to practice medicine and surgery under chapter
18.71 RCW or osteopathic medicine and surgery under
chapter 18.57 RCW or of a clinical audiologist will be used
or made available in the selection, fitting, adjustment,
maintenance, or repair of hearing instruments when that is
not true, or using the word "doctor," "clinic," or other like
words, abbreviations, or symbols which tend to connote a
medical or osteopathic medicine and surgery profession
when such use is not accurate;
(g) Permitting another to use his or her license or
interim permit;
(h) Stating or implying that the use of any hearing
instrument will restore normal hearing, preserve hearing,
prevent or retard progression of a hearing impairment, or any
other false, misleading, or medically or audiologically
unsupportable claim regarding the efficiency of a hearing
instrument;
(i) Representing or implying that a hearing instrument
is or will be "custom-made," "made to order," "prescription
made," or in any other sense specially fabricated for an
individual when that is not the case; or
(j) Directly or indirectly offering, giving, permitting, or
causing to be given, money or anything of value to any
person who advised another in a professional capacity as an
inducement to influence that person, or to have that person
influence others to purchase or contract to purchase any
product sold or offered for sale by the hearing instrument fitter/dispenser, audiologist, or interim permit holder, or to
influence any person to refrain from dealing in the products
of competitors.
(2) Engaging in any unfair or deceptive practice or
unfair method of competition in trade within the meaning of
RCW 19.86.020.
(3) Aiding or abetting any violation of the rebating laws
as stated in chapter 19.68 RCW. [2002 c 310 § 12; 1998 c
142 § 8. Prior: 1996 c 200 § 15; 1996 c 178 § 1; 1993 c
313 § 4; 1987 c 150 § 22; 1983 c 39 § 9; 1973 1st ex.s. c
106 § 11.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Effective date—1996 c 178: "This act shall take effect July 1, 1996."
[1996 c 178 § 25.]
Severability—1987 c 150: See RCW 18.122.901.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.35.120 Disciplinary action—Additional grounds.
(Effective until January 1, 2003.) A licensee or certificate
or permit holder under this chapter may also be subject to
disciplinary action if the licensee or certificate or permit
holder:
(1) Is found guilty in any court of any crime involving
forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years
have not elapsed since the date of the conviction; or
(2) Has a judgment entered against him or her in any
civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspira(2002 Ed.)
18.35.110
cy to defraud and five years have not elapsed since the date
of the entry of the final judgment in the action, but a license
or certificate shall not be issued unless the judgment debt
has been discharged; or
(3) Has a judgment entered against him or her under
chapter 19.86 RCW and two years have not elapsed since the
entry of the final judgment; but a license or certificate shall
not be issued unless there has been full compliance with the
terms of such judgment, if any. The judgment shall not be
grounds for denial, suspension, nonrenewal, or revocation of
a license or certificate unless the judgment arises out of and
is based on acts of the applicant, licensee, certificate holder,
or employee of the licensee or certificate holder; or
(4) Commits unprofessional conduct as defined in RCW
18.130.180 of the uniform disciplinary act. [1996 c 200 §
17; 1983 c 39 § 10; 1973 1st ex.s. c 106 § 12.]
Penalties authorized: RCW 18.35.161.
18.35.120 Disciplinary action—Additional grounds.
(Effective January 1, 2003.) A licensee or interim permit
holder under this chapter may also be subject to disciplinary
action if the licensee or interim permit holder:
(1) Is found guilty in any court of any crime involving
forgery, embezzlement, obtaining money under false pretenses, larceny, extortion, or conspiracy to defraud and ten years
have not elapsed since the date of the conviction; or
(2) Has a judgment entered against him or her in any
civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date
of the entry of the final judgment in the action, but a license
shall not be issued unless the judgment debt has been discharged; or
(3) Has a judgment entered against him or her under
chapter 19.86 RCW and two years have not elapsed since the
entry of the final judgment; but a license shall not be issued
unless there has been full compliance with the terms of such
judgment, if any. The judgment shall not be grounds for
denial, suspension, nonrenewal, or revocation of a license
unless the judgment arises out of and is based on acts of the
applicant, licensee, or employee of the licensee; or
(4) Commits unprofessional conduct as defined in RCW
18.130.180 of the uniform disciplinary act. [2002 c 310 §
13; 1998 c 142 § 9; 1996 c 200 § 17; 1983 c 39 § 10; 1973
1st ex.s. c 106 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Penalties authorized: RCW 18.35.161.
18.35.140 Powers and duties of department.
(Effective until January 1, 2003.) The powers and duties
of the department, in addition to the powers and duties provided under other sections of this chapter, are as follows:
(1) To provide space necessary to carry out the examination set forth in RCW 18.35.070 of applicants for hearing
instrument fitter/dispenser licenses or audiology certification.
(2) To authorize all disbursements necessary to carry out
the provisions of this chapter.
(3) To require the periodic examination of testing
equipment, as defined by the board, and to carry out the
[Title 18 RCW—page 99]
18.35.140
Title 18 RCW: Businesses and Professions
periodic inspection of facilities or establishments of persons
who are licensed or certified under this chapter, as reasonably required within the discretion of the department.
(4) To appoint advisory committees as necessary.
(5) To keep a record of proceedings under this chapter
and a register of all persons licensed, certified, or holding
permits under this chapter. The register shall show the name
of every living licensee or permit holder for hearing instrument fitting/dispensing, every living certificate or interim
permit holder for speech-language pathology, every living
certificate or interim permit holder for audiology, with his or
her last known place of residence and the date and number
of his or her license, permit, or certificate. [1996 c 200 §
18; 1993 c 313 § 5; 1983 c 39 § 11; 1973 1st ex.s. c 106 §
14.]
18.35.140 Powers and duties of department.
(Effective January 1, 2003.) The powers and duties of the
department, in addition to the powers and duties provided
under other sections of this chapter, are as follows:
(1) To provide space necessary to carry out the examination set forth in RCW 18.35.070 of applicants for hearing
instrument fitter/dispenser licenses or audiology licenses.
(2) To authorize all disbursements necessary to carry out
the provisions of this chapter.
(3) To require the periodic examination of testing
equipment, as defined by the board, and to carry out the
periodic inspection of facilities or establishments of persons
who are licensed under this chapter, as reasonably required
within the discretion of the department.
(4) To appoint advisory committees as necessary.
(5) To keep a record of proceedings under this chapter
and a register of all persons licensed or holding interim
permits under this chapter. The register shall show the name
of every living licensee or interim permit holder for hearing
instrument fitting/dispensing, every living licensee or interim
permit holder for speech-language pathology, every living
licensee or interim permit holder for audiology, with his or
her last known place of residence and the date and number
of his or her license or interim permit. [2002 c 310 § 14;
1998 c 142 § 10; 1996 c 200 § 18; 1993 c 313 § 5; 1983 c
39 § 11; 1973 1st ex.s. c 106 § 14.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.150 Board of hearing and speech—Created—
Membership—Qualifications—Terms—Vacancies—
Meetings—Compensation—Travel expenses. (Effective
until January 1, 2003.) (1) There is created hereby the
board of hearing and speech to govern the three separate
professions: Hearing instrument fitting/dispensing, audiology, and speech-language pathology. The board shall consist
of ten members to be appointed by the governor.
(2) Members of the board shall be residents of this state.
Three members shall represent the public and shall have an
interest in the rights of consumers of health services, and
shall not be or have been a member of, or married to a
member of, another licensing board, a licensee of a health
occupation board, an employee of a health facility, nor
derive his or her primary livelihood from the provision of
[Title 18 RCW—page 100]
health services at any level of responsibility. Two members
shall be hearing instrument fitter/dispensers who are licensed
under this chapter, have at least five years of experience in
the practice of hearing instrument fitting and dispensing, and
must be actively engaged in fitting and dispensing within
two years of appointment. Two members of the board shall
be audiologists certified under this chapter who have at least
five years of experience in the practice of audiology and
must be actively engaged in practice within two years of
appointment. Two members of the board shall be speechlanguage pathologists certified under this chapter who have
at least five years of experience in the practice of speechlanguage pathology and must be actively engaged in practice
within two years of appointment. One advisory nonvoting
member shall be a medical physician licensed in the state of
Washington.
(3) The term of office of a member is three years. Of
the initial appointments, one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two
years, and one hearing instrument fitter/dispenser, one
speech-language pathologist, one audiologist, and two
consumers shall be appointed for a term of three years.
Thereafter, all appointments shall be made for expired terms.
No member shall be appointed to serve more than two
consecutive terms. A member shall continue to serve until
a successor has been appointed. The governor shall either
reappoint the member or appoint a successor to assume the
member’s duties at the expiration of his or her predecessor’s
term. A vacancy in the office of a member shall be filled by
appointment for the unexpired term.
(4) The chair shall rotate annually among the hearing
instrument fitter/dispensers, speech-language pathologists,
audiologists, and public members serving on the board. In
the absence of the chair, the board shall appoint an interim
chair. In event of a tie vote, the issue shall be brought to a
second vote and the chair shall refrain from voting.
(5) The board shall meet at least once each year, at a
place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board
shall also meet at such other times and places as are requested by the department or by three members of the board. A
quorum is a majority of the board. A hearing instrument
fitter/dispenser, speech-language pathologist, and audiologist
must be represented. Meetings of the board shall be open
and public, except the board may hold executive sessions to
the extent permitted by chapter 42.30 RCW.
(6) Members of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
their travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(7) The governor may remove a member of the board
for cause at the recommendation of a majority of the board.
[1996 c 200 § 19; 1993 c 313 § 6; 1989 c 198 § 7; 1984 c
287 § 33; 1983 c 39 § 12; 1975-’76 2nd ex.s. c 34 § 35;
1973 1st ex.s. c 106 § 15.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Secretary of health or designee as ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
(2002 Ed.)
Hearing and Speech Services
18.35.150 Board of hearing and speech—Created—
Membership—Qualifications—Terms—Vacancies—
Meetings—Compensation—Travel expenses. (Effective
January 1, 2003.) (1) There is created hereby the board of
hearing and speech to govern the three separate professions:
Hearing instrument fitting/dispensing, audiology, and speechlanguage pathology. The board shall consist of ten members
to be appointed by the governor.
(2) Members of the board shall be residents of this state.
Three members shall represent the public and shall have an
interest in the rights of consumers of health services, and
shall not be or have been a member of, or married to a
member of, another licensing board, a licensee of a health
occupation board, an employee of a health facility, nor
derive his or her primary livelihood from the provision of
health services at any level of responsibility. Two members
shall be hearing instrument fitter/dispensers who are licensed
under this chapter, have at least five years of experience in
the practice of hearing instrument fitting and dispensing, and
must be actively engaged in fitting and dispensing within
two years of appointment. Two members of the board shall
be audiologists licensed under this chapter who have at least
five years of experience in the practice of audiology and
must be actively engaged in practice within two years of
appointment. Two members of the board shall be speechlanguage pathologists licensed under this chapter who have
at least five years of experience in the practice of speechlanguage pathology and must be actively engaged in practice
within two years of appointment. One advisory nonvoting
member shall be a medical physician licensed in the state of
Washington.
(3) The term of office of a member is three years. Of
the initial appointments, one hearing instrument fitter/dispenser, one speech-language pathologist, one audiologist, and one consumer shall be appointed for a term of two
years, and one hearing instrument fitter/dispenser, one
speech-language pathologist, one audiologist, and two
consumers shall be appointed for a term of three years.
Thereafter, all appointments shall be made for expired terms.
No member shall be appointed to serve more than two
consecutive terms. A member shall continue to serve until
a successor has been appointed. The governor shall either
reappoint the member or appoint a successor to assume the
member’s duties at the expiration of his or her predecessor’s
term. A vacancy in the office of a member shall be filled by
appointment for the unexpired term.
(4) The chair shall rotate annually among the hearing
instrument fitter/dispensers, speech-language pathologists,
audiologists, and public members serving on the board. In
the absence of the chair, the board shall appoint an interim
chair. In event of a tie vote, the issue shall be brought to a
second vote and the chair shall refrain from voting.
(5) The board shall meet at least once each year, at a
place, day and hour determined by the board, unless otherwise directed by a majority of board members. The board
shall also meet at such other times and places as are requested by the department or by three members of the board. A
quorum is a majority of the board. A hearing instrument
fitter/dispenser, speech-language pathologist, and audiologist
must be represented. Meetings of the board shall be open
and public, except the board may hold executive sessions to
the extent permitted by chapter 42.30 RCW.
(2002 Ed.)
18.35.150
(6) Members of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
their travel expenses in accordance with RCW 43.03.050 and
43.03.060.
(7) The governor may remove a member of the board
for cause at the recommendation of a majority of the board.
[2002 c 310 § 15; 1996 c 200 § 19; 1993 c 313 § 6; 1989 c
198 § 7; 1984 c 287 § 33; 1983 c 39 § 12; 1975-’76 2nd
ex.s. c 34 § 35; 1973 1st ex.s. c 106 § 15.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Secretary of health or designee as ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.35.161 Board—Powers and duties. (Effective
until January 1, 2003.) The board shall have the following
powers and duties:
(1) To establish by rule such minimum standards and
procedures in the fitting and dispensing of hearing instruments as deemed appropriate and in the public interest;
(2) To develop guidelines on the training and supervision of hearing instrument fitter/dispenser permit holders and
to establish requirements regarding the extent of apprenticeship training and certification to the department;
(3) To adopt any other rules necessary to implement this
chapter and which are not inconsistent with it;
(4) To develop, approve, and administer or supervise the
administration of examinations to applicants for licensure
and certification under this chapter;
(5) To require a licensee or certificate or permit holder
to make restitution to any individual injured by a violation
of this chapter or chapter 18.130 RCW, the uniform disciplinary act. The authority to require restitution does not
limit the board’s authority to take other action deemed
appropriate and provided for in this chapter or chapter
18.130 RCW;
(6) To pass upon the qualifications of applicants for
licensure, certification, or permits and to certify to the
secretary;
(7) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license or certificate under this chapter;
(8) To keep an official record of all its proceedings.
The record is evidence of all proceedings of the board that
are set forth in this record;
(9) To adopt rules, if the board finds it appropriate, in
response to questions put to it by professional health
associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, permit holders, and
consumers in this state; and
(10) To adopt rules relating to standards of care relating
to hearing instrument fitter/dispensers or audiologists,
including the dispensing of hearing instruments, and relating
to speech-language pathologists, including dispensing of
communication devices. [1996 c 200 § 20; 1993 c 313 § 7;
1987 c 150 § 23; 1983 c 39 § 13.]
Severability—1987 c 150: See RCW 18.122.901.
[Title 18 RCW—page 101]
18.35.161
Title 18 RCW: Businesses and Professions
18.35.161 Board—Powers and duties. (Effective
January 1, 2003.) The board shall have the following
powers and duties:
(1) To establish by rule such minimum standards and
procedures in the fitting and dispensing of hearing instruments as deemed appropriate and in the public interest;
(2) To adopt any other rules necessary to implement this
chapter and which are not inconsistent with it;
(3) To develop, approve, and administer or supervise the
administration of examinations to applicants for licensure
under this chapter;
(4) To require a licensee or interim permit holder to
make restitution to any individual injured by a violation of
this chapter or chapter 18.130 RCW, the uniform disciplinary
act. The authority to require restitution does not limit the
board’s authority to take other action deemed appropriate
and provided for in this chapter or chapter 18.130 RCW;
(5) To pass upon the qualifications of applicants for
licensure or interim permits and to certify to the secretary;
(6) To recommend requirements for continuing education and continuing competency requirements as a prerequisite to renewing a license under this chapter;
(7) To keep an official record of all its proceedings.
The record is evidence of all proceedings of the board that
are set forth in this record;
(8) To adopt rules, if the board finds it appropriate, in
response to questions put to it by professional health
associations, hearing instrument fitter/dispensers or audiologists, speech-language pathologists, interim permit holders,
and consumers in this state; and
(9) To adopt rules relating to standards of care relating
to hearing instrument fitter/dispensers or audiologists,
including the dispensing of hearing instruments, and relating
to speech-language pathologists, including dispensing of
communication devices. [2002 c 310 § 16; 1998 c 142 § 11;
1996 c 200 § 20; 1993 c 313 § 7; 1987 c 150 § 23; 1983 c
39 § 13.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.162 Unprofessional conduct. Violation of the
standards adopted by rule under RCW 18.35.161 is unprofessional conduct under this chapter and chapter 18.130 RCW.
[1996 c 200 § 21.]
18.35.172 Application of uniform disciplinary act.
(Effective until January 1, 2003.) The uniform disciplinary
act, chapter 18.130 RCW, governs unlicensed practice, the
issuance and denial of licenses, certificates, and permits, and
the discipline of licensees and certificate and permit holders
under this chapter. [1996 c 200 § 22; 1987 c 150 § 21.]
Severability—1987 c 150: See RCW 18.122.901.
18.35.172 Application of uniform disciplinary act.
(Effective January 1, 2003.) The uniform disciplinary act,
chapter 18.130 RCW, governs unlicensed practice, the
issuance and denial of licenses and interim permits, and the
discipline of licensees and permit holders under this chapter.
[Title 18 RCW—page 102]
[2002 c 310 § 17; 1998 c 142 § 12; 1996 c 200 § 22; 1987
c 150 § 21.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.175 Unlawful sales practices. (Effective until
January 1, 2003.) It is unlawful to fit or dispense a hearing
instrument to a resident of this state if the attempted sale or
purchase is offered or made by telephone or mail order and
there is no face-to-face contact to test or otherwise determine
the needs of the prospective purchaser. This section does
not apply to the sale of hearing instruments by wholesalers
to licensees or certificate holders under this chapter. [1996
c 200 § 23; 1983 c 39 § 21.]
18.35.175 Unlawful sales practices. (Effective
January 1, 2003.) It is unlawful to fit or dispense a hearing
instrument to a resident of this state if the attempted sale or
purchase is offered or made by telephone or mail order and
there is no face-to-face contact to test or otherwise determine
the needs of the prospective purchaser. This section does
not apply to the sale of hearing instruments by wholesalers
to licensees under this chapter. [2002 c 310 § 18; 1996 c
200 § 23; 1983 c 39 § 21.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.180 Application of Consumer Protection Act
and False Advertising Act. Acts and practices in the
course of trade in the promoting, advertising, selling, fitting,
and dispensing of hearing instruments shall be subject to the
provisions of chapter 19.86 RCW (Consumer Protection Act)
and RCW 9.04.050 (False Advertising Act) and any violation
of the provisions of this chapter shall constitute violation of
RCW 19.86.020. [1996 c 200 § 24; 1973 1st ex.s. c 106 §
18.]
18.35.185
Rescission of transaction—
Requirements—Notice. (Effective until January 1, 2003.)
(1) In addition to any other rights and remedies a purchaser
may have, the purchaser of a hearing instrument shall have
the right to rescind the transaction for other than the licensed
hearing instrument fitter/dispenser, certified audiologist, or
permit holder’s breach if:
(a) The purchaser, for reasonable cause, returns the
hearing instrument or holds it at the licensed hearing
instrument fitter/dispenser, certified audiologist, or permit
holder’s disposal, if the hearing instrument is in its original
condition less normal wear and tear. "Reasonable cause"
shall be defined by the board but shall not include a mere
change of mind on the part of the purchaser or a change of
mind related to cosmetic concerns of the purchaser about
wearing a hearing instrument; and
(b) The purchaser sends notice of the cancellation by
certified mail, return receipt requested, to the establishment
employing the licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder at the time the hearing
instrument was originally purchased, and the notice is posted
not later than thirty days following the date of delivery, but
the purchaser and the licensed hearing instrument fit(2002 Ed.)
Hearing and Speech Services
ter/dispenser, certified audiologist, or permit holder may
extend the deadline for posting of the notice of rescission by
mutual, written agreement. In the event the hearing instrument develops a problem which qualifies as a reasonable
cause for recision or which prevents the purchaser from
evaluating the hearing instrument, and the purchaser notifies
the establishment employing the licensed hearing instrument
fitter/dispenser, certified audiologist or permit holder of the
problem during the thirty days following the date of delivery
and documents such notification, the deadline for posting the
notice of rescission shall be extended by an equal number of
days as those between the date of the notification of the
problem to the date of notification of availability for redeliveries. Where the hearing instrument is returned to the licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder for any inspection for modification or
repair, and the licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder has notified the
purchaser that the hearing instrument is available for
redelivery, and where the purchaser has not responded by
either taking possession of the hearing instrument or instructing the licensed hearing instrument fitter/dispenser, certified
audiologist, or permit holder to forward it to the purchaser,
then the deadline for giving notice of the recision shall
extend no more than seven working days after this notice of
availability.
(2) If the transaction is rescinded under this section or
as otherwise provided by law and the hearing instrument is
returned to the licensed hearing instrument fitter/dispenser,
certified audiologist, or permit holder, the licensed hearing
instrument fitter/dispenser, certified audiologist, or permit
holder shall refund to the purchaser any payments or
deposits for that hearing instrument. However, the licensed
hearing instrument fitter/dispenser, certified audiologist, or
permit holder may retain, for each hearing instrument, fifteen
percent of the total purchase price or one hundred twentyfive dollars, whichever is less. After December 31, 1996,
the recision amount shall be determined by the board. The
licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder shall also return any goods traded in
contemplation of the sale, less any costs incurred by the
licensed hearing instrument fitter/dispenser, certified audiologist, or permit holder in making those goods ready for resale.
The refund shall be made within ten business days after the
rescission. The buyer shall incur no additional liability for
such rescission.
(3) For the purposes of this section, the purchaser shall
have recourse against the bond held by the establishment
entering into a purchase agreement with the buyer, as
provided by RCW 18.35.240. [1996 c 200 § 25; 1993 c 313
§ 9; 1989 c 198 § 12.]
18.35.185
Rescission of transaction—
Requirements—Notice. (Effective January 1, 2003.) (1)
In addition to any other rights and remedies a purchaser may
have, the purchaser of a hearing instrument shall have the
right to rescind the transaction for other than the licensed
hearing instrument fitter/dispenser, licensed audiologist, or
interim permit holder’s breach if:
(a) The purchaser, for reasonable cause, returns the
hearing instrument or holds it at the licensed hearing
(2002 Ed.)
18.35.185
instrument fitter/dispenser, licensed audiologist, or interim
permit holder’s disposal, if the hearing instrument is in its
original condition less normal wear and tear. "Reasonable
cause" shall be defined by the board but shall not include a
mere change of mind on the part of the purchaser or a
change of mind related to cosmetic concerns of the purchaser
about wearing a hearing instrument; and
(b) The purchaser sends notice of the cancellation by
certified mail, return receipt requested, to the establishment
employing the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder at the time the
hearing instrument was originally purchased, and the notice
is posted not later than thirty days following the date of delivery, but the purchaser and the licensed hearing instrument
fitter/dispenser, licensed audiologist, or interim permit holder
may extend the deadline for posting of the notice of rescission by mutual, written agreement. In the event the hearing
instrument develops a problem which qualifies as a reasonable cause for recision or which prevents the purchaser
from evaluating the hearing instrument, and the purchaser
notifies the establishment employing the licensed hearing
instrument fitter/dispenser, licensed audiologist, or interim
permit holder of the problem during the thirty days following
the date of delivery and documents such notification, the
deadline for posting the notice of rescission shall be extended by an equal number of days as those between the date of
the notification of the problem to the date of notification of
availability for redeliveries. Where the hearing instrument
is returned to the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder for any
inspection for modification or repair, and the licensed
hearing instrument fitter/dispenser, licensed audiologist, or
interim permit holder has notified the purchaser that the
hearing instrument is available for redelivery, and where the
purchaser has not responded by either taking possession of
the hearing instrument or instructing the licensed hearing
instrument fitter/dispenser, licensed audiologist, or interim
permit holder to forward it to the purchaser, then the
deadline for giving notice of the recision shall extend no
more than seven working days after this notice of availability.
(2) If the transaction is rescinded under this section or
as otherwise provided by law and the hearing instrument is
returned to the licensed hearing instrument fitter/dispenser,
licensed audiologist, or interim permit holder, the licensed
hearing instrument fitter/dispenser, licensed audiologist, or
interim permit holder shall refund to the purchaser any
payments or deposits for that hearing instrument. However,
the licensed hearing instrument fitter/dispenser, licensed
audiologist, or interim permit holder may retain, for each
hearing instrument, fifteen percent of the total purchase price
or one hundred twenty-five dollars, whichever is less. After
December 31, 1996, the recision amount shall be determined
by the board. The licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit holder
shall also return any goods traded in contemplation of the
sale, less any costs incurred by the licensed hearing instrument fitter/dispenser, licensed audiologist, or interim permit
holder in making those goods ready for resale. The refund
shall be made within ten business days after the rescission.
The buyer shall incur no additional liability for such rescission.
[Title 18 RCW—page 103]
18.35.185
Title 18 RCW: Businesses and Professions
(3) For the purposes of this section, the purchaser shall
have recourse against the bond held by the establishment
entering into a purchase agreement with the buyer, as
provided by RCW 18.35.240. [2002 c 310 § 19; 1998 c 142
§ 13; 1996 c 200 § 25; 1993 c 313 § 9; 1989 c 198 § 12.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.190 Valid license prerequisite to suits.
(Effective until January 1, 2003.) In addition to remedies
otherwise provided by law, in any action brought by or on
behalf of a person required to be licensed or certified or to
hold a permit hereunder, or by any assignee or transferee, it
shall be necessary to allege and prove that the licensee or
certificate or permit holder at the time of the transaction held
a valid license, certificate, or permit as required by this
chapter, and that such license, certificate, or permit has not
been suspended or revoked pursuant to RCW 18.35.110,
18.35.120, or 18.130.160. [1996 c 200 § 26; 1989 c 198 §
8; 1987 c 150 § 24; 1983 c 39 § 14; 1973 1st ex.s. c 106 §
19.]
Severability—1987 c 150: See RCW 18.122.901.
18.35.195 Exemptions. (Effective January 1, 2003.)
(1) This chapter shall not apply to military or federal
government employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a boardapproved program who are directly supervised by a licensed
hearing instrument fitter/dispenser, a licensed audiologist
under the provisions of this chapter, or an instructor at a
two-year hearing instrument fitter/dispenser degree program
that is approved by the board;
(b) Hearing instrument fitter/dispensers, speech-language
pathologists, or audiologists of other states, territories, or
countries, or the District of Columbia while appearing as
clinicians of bona fide educational seminars sponsored by
speech-language pathology, audiology, hearing instrument
fitter/dispenser, medical, or other healing art professional
associations so long as such activities do not go beyond the
scope of practice defined by this chapter; and
(c) The practice of audiology or speech-language
pathology by persons certified by the state board of education as educational staff associates, except for those persons
electing to be licensed under this chapter. [2002 c 310 § 21;
1998 c 142 § 15; 1996 c 200 § 27; 1983 c 39 § 22.]
Effective date—2002 c 310: See note following RCW 18.35.010.
18.35.190 Valid license prerequisite to suits.
(Effective January 1, 2003.) In addition to remedies
otherwise provided by law, in any action brought by or on
behalf of a person required to be licensed or to hold an
interim permit under this chapter, or by any assignee or
transferee, it shall be necessary to allege and prove that the
licensee or interim permit holder at the time of the transaction held a valid license or interim permit as required by this
chapter, and that such license or interim permit has not been
suspended or revoked pursuant to RCW 18.35.110,
18.35.120, or 18.130.160. [2002 c 310 § 20; 1998 c 142 §
14; 1996 c 200 § 26; 1989 c 198 § 8; 1987 c 150 § 24; 1983
c 39 § 14; 1973 1st ex.s. c 106 § 19.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
Severability—1987 c 150: See RCW 18.122.901.
18.35.195 Exemptions. (Effective until January 1,
2003.) (1) This chapter shall not apply to military or federal
government employees.
(2) This chapter does not prohibit or regulate:
(a) Fitting or dispensing by students enrolled in a boardapproved program who are directly supervised by a licensed
hearing instrument fitter/dispenser, a certified audiologist
under the provisions of this chapter, or an instructor at a
two-year hearing instrument fitter/dispenser degree program
that is approved by the board; and
(b) Hearing instrument fitter/dispensers, speech-language
pathologists, or audiologists of other states, territories, or
countries, or the District of Columbia while appearing as
clinicians of bona fide educational seminars sponsored by
speech-language pathology, audiology, hearing instrument
fitter/dispenser, medical, or other healing art professional
associations so long as such activities do not go beyond the
scope of practice defined by this chapter. [1998 c 142 § 15;
1996 c 200 § 27; 1983 c 39 § 22.]
[Title 18 RCW—page 104]
18.35.200 Other laws unaffected. The provisions of
this chapter shall not exclude the application of any other
law to persons or circumstances covered under this chapter.
[1973 1st ex.s. c 106 § 20.]
18.35.205 Chapter exclusive. (Effective until
January 1, 2003.) The legislature finds that the public
health, safety, and welfare would best be protected by
uniform regulation of hearing instrument fitter/dispensers,
speech-language pathologists, audiologists, and permit
holders throughout the state. Therefore, the provisions of
this chapter relating to the licensing or certification of hearing instrument fitter/dispensers, speech-language pathologists,
and audiologists and regulation of permit holders and their
respective establishments or facilities is exclusive. No
political subdivision of the state of Washington within whose
jurisdiction a hearing instrument fitter/dispenser, audiologist,
or speech-language pathologist establishment or facility is
located may require any registrations, bonds, licenses, certificates, or permits of the establishment or facility or its
employees or charge any fee for the same or similar purposes: PROVIDED, HOWEVER, That nothing herein shall
limit or abridge the authority of any political subdivision to
levy and collect a general and nondiscriminatory license fee
levied on all businesses, or to levy a tax based upon the
gross business conducted by any firm within the political
subdivision. [1996 c 200 § 28; 1983 c 39 § 24.]
18.35.205 Chapter exclusive. (Effective January 1,
2003.) The legislature finds that the public health, safety,
and welfare would best be protected by uniform regulation
of hearing instrument fitter/dispensers, speech-language
pathologists, audiologists, and interim permit holders
throughout the state. Therefore, the provisions of this
chapter relating to the licensing of hearing instrument
fitter/dispensers, speech-language pathologists, and audiolo(2002 Ed.)
Hearing and Speech Services
gists and regulation of interim permit holders and their
respective establishments or facilities is exclusive. No
political subdivision of the state of Washington within whose
jurisdiction a hearing instrument fitter/dispenser, audiologist,
or speech-language pathologist establishment or facility is
located may require any registrations, bonds, licenses,
certificates, or interim permits of the establishment or facility
or its employees or charge any fee for the same or similar
purposes: PROVIDED, HOWEVER, That nothing herein
shall limit or abridge the authority of any political subdivision to levy and collect a general and nondiscriminatory
license fee levied on all businesses, or to levy a tax based
upon the gross business conducted by any firm within the
political subdivision. [2002 c 310 § 22; 1998 c 142 § 16;
1996 c 200 § 28; 1983 c 39 § 24.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.220 Violations—Cease and desist orders—
Notice—Injunctions. (1) If the board determines following
notice and hearing, or following notice if no hearing was
timely requested, that a person has:
(a) Violated any provisions of this chapter or chapter
18.130 RCW; or
(b) Violated any lawful order, or rule of the board
an order may be issued by the board requiring the person to
cease and desist from the unlawful practice. The board shall
then take affirmative action as is necessary to carry out the
purposes of this chapter.
(2) If the board makes a written finding of fact that the
public interest will be irreparably harmed by delay in issuing
an order, a temporary cease and desist order may be issued.
Prior to issuing a temporary cease and desist order, the
board, whenever possible, shall give notice by telephone or
otherwise of the proposal to issue a temporary cease and
desist order to the person to whom the order would be
directed. Every temporary cease and desist order shall
include in its terms a provision that upon request a hearing
will be held to determine whether the order becomes
permanent.
(3) The department, with or without prior administrative
proceedings, may bring an action in the superior court to
enjoin the acts or practices and to enforce compliance with
this chapter, or rule or order under this chapter. Upon
proper showing, injunctive relief or temporary restraining
orders shall be granted and a receiver or conservator may be
appointed. The department shall not be required to post a
bond in any court proceedings. [1993 c 313 § 10; 1987 c
150 § 25; 1983 c 39 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
18.35.230 Violations—Registered agent—Service.
(Effective until January 1, 2003.) (1) Each licensee or
certificate or permit holder shall name a registered agent to
accept service of process for any violation of this chapter or
rule adopted under this chapter.
(2) The registered agent may be released at the expiration of one year after the license, certificate, or permit issued
under this chapter has expired or been revoked.
(2002 Ed.)
18.35.205
(3) Failure to name a registered agent for service of
process for violations of this chapter or rules adopted under
this chapter may be grounds for disciplinary action. [1996
c 200 § 29; 1989 c 198 § 9; 1983 c 39 § 19.]
18.35.230 Violations—Registered agent—Service.
(Effective January 1, 2003.) (1) Each licensee or interim
permit holder shall name a registered agent to accept service
of process for any violation of this chapter or rule adopted
under this chapter.
(2) The registered agent may be released at the expiration of one year after the license or interim permit issued
under this chapter has expired or been revoked.
(3) Failure to name a registered agent for service of
process for violations of this chapter or rules adopted under
this chapter may be grounds for disciplinary action. [2002
c 310 § 23; 1998 c 142 § 17; 1996 c 200 § 29; 1989 c 198
§ 9; 1983 c 39 § 19.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.240 Violations—Surety bond or security in
lieu of surety bonds. (Effective until January 1, 2003.)
(1) Every individual engaged in the fitting and dispensing of
hearing instruments shall be covered by a surety bond of ten
thousand dollars or more, for the benefit of any person
injured or damaged as a result of any violation by the
licensee, certificate or permit holder, or their employees or
agents of any of the provisions of this chapter or rules
adopted by the secretary.
(2) In lieu of the surety bond required by this section,
the licensee or certificate or permit holder may deposit cash
or other negotiable security in a banking institution as
defined in chapter 30.04 RCW or a credit union as defined
in chapter 31.12 RCW. All obligations and remedies
relating to surety bonds shall apply to deposits and security
filed in lieu of surety bonds.
(3) If a cash deposit or other negotiable security is filed,
the licensee or certificate or permit holder shall maintain
such cash or other negotiable security for one year after
discontinuing the fitting and dispensing of hearing instruments.
(4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first
page the bond number covering the licensee or certificate or
permit holder responsible for fitting/dispensing the hearing
instrument.
(5) All licensed hearing instrument fitter/dispensers,
certified audiologists, and permit holders must verify
compliance with the requirement to hold a surety bond or
cash or other negotiable security by submitting a signed
declaration of compliance upon annual renewal of their
license, certificate, or permit. Up to twenty-five percent of
the credential holders may be randomly audited for surety
bond compliance after the credential is renewed. It is the
credential holder’s responsibility to submit a copy of the
original surety bond or bonds, or documentation that cash or
other negotiable security is held in a banking institution
during the time period being audited. Failure to comply with
the audit documentation request or failure to supply accept[Title 18 RCW—page 105]
18.35.240
Title 18 RCW: Businesses and Professions
able documentation within thirty days may result in disciplinary action. [2000 c 93 § 1; 1996 c 200 § 30; 1993 c 313
§ 11; 1991 c 3 § 85; 1989 c 198 § 10; 1983 c 39 § 18.]
Expiration date—2000 c 93 §§ 1 and 3: "Sections 1 and 3 of this
act expire January 1, 2003." [2000 c 93 § 45.]
18.35.240 Violations—Surety bond or security in
lieu of surety bonds. (Effective January 1, 2003.) (1)
Every individual engaged in the fitting and dispensing of
hearing instruments shall be covered by a surety bond of ten
thousand dollars or more, for the benefit of any person
injured or damaged as a result of any violation by the
licensee or permit holder, or their employees or agents, of
any of the provisions of this chapter or rules adopted by the
secretary.
(2) In lieu of the surety bond required by this section,
the licensee or permit holder may deposit cash or other
negotiable security in a banking institution as defined in
chapter 30.04 RCW or a credit union as defined in chapter
31.12 RCW. All obligations and remedies relating to surety
bonds shall apply to deposits and security filed in lieu of
surety bonds.
(3) If a cash deposit or other negotiable security is filed,
the licensee or permit holder shall maintain such cash or
other negotiable security for one year after discontinuing the
fitting and dispensing of hearing instruments.
(4) Each invoice for the purchase of a hearing instrument provided to a customer must clearly display on the first
page the bond number covering the licensee or interim
permit holder responsible for fitting/dispensing the hearing
instrument.
(5) All licensed hearing instrument fitter/dispensers, licensed audiologists, and permit holders must verify compliance with the requirement to hold a surety bond or cash or
other negotiable security by submitting a signed declaration
of compliance upon annual renewal of their license or
permit. Up to twenty-five percent of the credential holders
may be randomly audited for surety bond compliance after
the credential is renewed. It is the credential holder’s
responsibility to submit a copy of the original surety bond or
bonds, or documentation that cash or other negotiable
security is held in a banking institution during the time
period being audited. Failure to comply with the audit
documentation request or failure to supply acceptable documentation within thirty days may result in disciplinary
action. [2002 c 310 § 24; 2000 c 93 § 2; 1998 c 142 § 18;
1996 c 200 § 30; 1993 c 313 § 11; 1991 c 3 § 85; 1989 c
198 § 10; 1983 c 39 § 18.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—2000 c 93 §§ 2 and 4: "Sections 2 and 4 of this act
take effect January 1, 2003." [2000 c 93 § 46.]
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.250 Violations—Remedies—Actions on bond
or security. (Effective until January 1, 2003.) (1) In
addition to any other legal remedies, an action may be
brought in any court of competent jurisdiction upon the
bond, cash deposit, or security in lieu of a surety bond
required by this chapter, by any person having a claim
against a licensee or certificate or permit holder, agent, or
employee for any violation of this chapter or any rule
[Title 18 RCW—page 106]
adopted under this chapter. The aggregate liability of the
surety, cash deposit, or other negotiable security to all
claimants shall in no event exceed the sum of the bond.
Claims shall be satisfied in the order of judgment rendered.
(2) An action upon the bond, cash deposit, or other
negotiable security shall be commenced by serving and filing
a complaint. [2000 c 93 § 3; 1996 c 200 § 31; 1991 c 3 §
86; 1989 c 198 § 11; 1983 c 39 § 20.]
Expiration date—2000 c 93 §§ 1 and 3: See note following RCW
18.35.240.
18.35.250 Violations—Remedies—Actions on bond
or security. (Effective January 1, 2003.) (1) In addition to
any other legal remedies, an action may be brought in any
court of competent jurisdiction upon the bond, cash deposit,
or security in lieu of a surety bond required by this chapter,
by any person having a claim against a licensee or interim
permit holder, agent, or employee for any violation of this
chapter or any rule adopted under this chapter. The aggregate liability of the surety, cash deposit, or other negotiable
security to all claimants shall in no event exceed the sum of
the bond. Claims shall be satisfied in the order of judgment
rendered.
(2) An action upon the bond, cash deposit, or other
negotiable security shall be commenced by serving and filing
a complaint. [2002 c 310 § 25; 2000 c 93 § 4; 1998 c 142
§ 19; 1996 c 200 § 31; 1991 c 3 § 86; 1989 c 198 § 11;
1983 c 39 § 20.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—2000 c 93 §§ 2 and 4: See note following RCW
18.35.240.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.260 Misrepresentation of credentials. (Effective until January 1, 2003.) (1) A person who is not
licensed with the secretary as a hearing instrument fitter/dispenser under the requirements of this chapter may not
represent himself or herself as being so licensed and may not
use in connection with his or her name the words "licensed
hearing instrument fitter/dispenser," "hearing instrument
specialist," or "hearing aid fitter/dispenser," or a variation,
synonym, word, sign, number, insignia, coinage, or whatever
expresses, employs, or implies these terms, names, or
functions of a licensed hearing instrument fitter/dispenser.
(2) A person who is not certified with the secretary as
a speech-language pathologist under the requirements of this
chapter may not represent himself or herself as being so
certified and may not use in connection with his or her name
the words including "certified speech-language pathologist"
or a variation, synonym, word, sign, number, insignia,
coinage, or whatever expresses, employs, or implies these
terms, names, or functions as a certified speech-language
pathologist.
(3) A person who is not certified with the secretary as
an audiologist under the requirements of this chapter may
not represent himself or herself as being so certified and may
not use in connection with his or her name the words
"certified audiologist" or a variation, synonym, letter, word,
sign, number, insignia, coinage, or whatever expresses,
employs, or implies these terms, names, or functions of a
certified audiologist.
(2002 Ed.)
Hearing and Speech Services
(4) A person who does not hold a permit issued by the
secretary as a hearing instrument fitter/dispenser permittee
under the requirements of this chapter may not represent
himself or herself as being so permitted and may not use in
connection with his or her name the words "hearing instrument fitter/dispenser permit holder" or a variation, synonym,
word, sign, number, insignia, coinage, or whatever expresses,
employs, or implies these terms, names, or functions of a
hearing instrument fitter/dispenser permit holder.
(5) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the
practice for which he or she is credentialed. [1996 c 200 §
16.]
18.35.260 Misrepresentation of credentials. (Effective January 1, 2003.) (1) A person who is not a licensed
hearing instrument fitter/dispenser may not represent himself
or herself as being so licensed and may not use in connection with his or her name the words "licensed hearing
instrument fitter/dispenser," "hearing instrument specialist,"
or "hearing aid fitter/dispenser," or a variation, synonym,
word, sign, number, insignia, coinage, or whatever expresses,
employs, or implies these terms, names, or functions of a
licensed hearing instrument fitter/dispenser.
(2) A person who is not a licensed speech-language
pathologist may not represent himself or herself as being so
licensed and may not use in connection with his or her name
the words including "licensed speech-language pathologist"
or a variation, synonym, word, sign, number, insignia, coinage, or whatever expresses, employs, or implies these terms,
names, or functions as a licensed speech-language pathologist.
(3) A person who is not a licensed audiologist may not
represent himself or herself as being so licensed and may not
use in connection with his or her name the words "licensed
audiologist" or a variation, synonym, letter, word, sign,
number, insignia, coinage, or whatever expresses, employs,
or implies these terms, names, or functions of a licensed
audiologist.
(4) Nothing in this chapter prohibits a person credentialed in this state under another act from engaging in the
practice for which he or she is credentialed. [2002 c 310 §
26; 1998 c 142 § 20; 1996 c 200 § 16.]
Effective date—2002 c 310: See note following RCW 18.35.010.
Effective date—1998 c 142 §§ 1-14 and 16-20: See note following
RCW 18.35.010.
18.35.270 Assistant ratios—Data collection. Recognizing the trend in utilization of speech-language pathologist
assistants and audiologist assistants across practice settings,
the board of hearing and speech shall, on an ongoing basis,
collect data on: The number of assistants in specific practice
settings; supervisor to speech-language pathologist assistant
or audiologist assistant ratios; and the level of education and
training of speech-language pathologist assistants and
audiologist assistants. [1996 c 200 § 35.]
18.35.900 Severability—1973 1st ex.s. c 106. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
(2002 Ed.)
18.35.260
application of the provisions to other persons or circumstances is not affected. [1973 1st ex.s. c 106 § 21.]
18.35.901 Severability—1983 c 39. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 39 § 23.]
18.35.902 Severability—1996 c 200. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1996 c 200 § 36.]
Chapter 18.36
DRUGLESS HEALING
Sections
18.36.035
License required.
18.36.035 License required. No person may practice
or represent himself or herself as a drugless therapist without
first having a valid license to do so. [1987 c 150 § 28.]
Severability—1987 c 150: See RCW 18.122.901.
Chapter 18.36A
NATUROPATHY
Sections
18.36A.010
18.36A.020
18.36A.030
18.36A.040
18.36A.050
18.36A.060
18.36A.070
18.36A.080
18.36A.090
18.36A.100
18.36A.110
18.36A.120
18.36A.130
18.36A.140
18.36A.900
18.36A.901
Intent.
Definitions.
License required.
Scope of practice.
Application of chapter—Exemptions.
Powers of secretary—Application of uniform disciplinary
act.
Naturopathic advisory committee.
Civil immunity.
Requirements for licensure.
Standards for approval of educational programs.
Examination for licensure.
License standards for applicants from other jurisdictions—
Reciprocity.
Compliance with secretary’s determinations.
Fee for renewal, late renewal.
Effective date—1987 c 447 §§ 1-14.
Severability—1987 c 447.
18.36A.010 Intent. The legislature finds that it is
necessary to regulate the practice of naturopaths in order to
protect the public health, safety, and welfare. It is the
legislature’s intent that only individuals who meet and maintain minimum standards of competence and conduct may
provide service to the public. [1987 c 447 § 1.]
18.36A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the
secretary’s designee.
[Title 18 RCW—page 107]
18.36A.020
Title 18 RCW: Businesses and Professions
(3) "Naturopath" means an individual licensed under this
chapter.
(4) "Committee" means the Washington state naturopathic practice advisory committee.
(5) "Educational program" means a program preparing
persons for the practice of naturopathy.
(6) "Nutrition and food science" means the prevention
and treatment of disease or other human conditions through
the use of foods, water, herbs, roots, bark, or natural food
elements.
(7) "Manual manipulation" or "mechanotherapy" means
manipulation of a part or the whole of the body by hand or
by mechanical means.
(8) "Physical modalities" means use of physical,
chemical, electrical, and other noninvasive modalities
including, but not limited to heat, cold, air, light, water in
any of its forms, sound, massage, and therapeutic exercise.
(9) "Homeopathy" means a system of medicine based on
the use of infinitesimal doses of medicines capable of
producing symptoms similar to those of the disease treated,
as listed in the homeopathic pharmacopeia of the United
States.
(10) "Medicines of mineral, animal, and botanical
origin" means medicines derived from animal organs, tissues,
and oils, minerals, and plants administered orally and
topically, excluding legend drugs with the following exceptions: Vitamins, minerals, whole gland thyroid, and substances as exemplified in traditional botanical and herbal
pharmacopoeia, and nondrug contraceptive devices excluding
interuterine devices. The use of intermuscular injections are
limited to vitamin B-12 preparations and combinations when
clinical and/or laboratory evaluation has indicated vitamin
B-12 deficiency. The use of controlled substances is prohibited.
(11) "Hygiene and immunization" means the use of such
preventative techniques as personal hygiene, asepsis, public
health, and immunizations, to the extent allowed by rule.
(12) "Minor office procedures" means care incident
thereto of superficial lacerations and abrasions, and the
removal of foreign bodies located in superficial structures,
not to include the eye; and the use of antiseptics and topical
local anesthetics in connection therewith.
(13) "Common diagnostic procedures" means the use of
venipuncture to withdraw blood, commonly used diagnostic
modalities consistent with naturopathic practice, health
history taking, physical examination, radiography, examination of body orifices excluding endoscopy, and laboratory
medicine which obtains samples of human tissue products,
including superficial scrapings but excluding procedures
which would require surgical incision.
(14) "Suggestion" means techniques including but not
limited to counseling, biofeedback, and hypnosis.
(15) "Radiography" means the ordering but not the
interpretation of radiographic diagnostic studies and the
taking and interpretation of standard radiographs. [1991 c 3
§ 87; 1987 c 447 § 4.]
18.36A.030 License required. (1) No person may
practice naturopathy or represent himself or herself as a
naturopath without first applying for and receiving a license
from the secretary to practice naturopathy.
[Title 18 RCW—page 108]
(2) A person represents himself or herself as a naturopath when that person adopts or uses any title or any
description of services that incorporates one or more of the
following terms or designations: Naturopath or doctor of
naturopathic medicine. [1991 c 3 § 88; 1987 c 447 § 2.]
18.36A.040 Scope of practice. Naturopathic medicine
or naturopathy is the practice by naturopaths of the art and
science of the diagnosis, prevention, and treatment of
disorders of the body by stimulation or support, or both, of
the natural processes of the human body. A naturopath is
responsible and accountable to the consumer for the quality
of naturopathic care rendered.
The practice of naturopathy includes manual manipulation (mechanotherapy), the prescription, administration,
dispensing, and use, except for the treatment of malignancies
or neoplastic disease, of nutrition and food science, physical
modalities, homeopathy, certain medicines of mineral, animal, and botanical origin, hygiene and immunization,
common diagnostic procedures, and suggestion; however,
nothing in this chapter shall prohibit consultation and
treatment of a patient in concert with a practitioner licensed
under chapter 18.57 or 18.71 RCW. No person licensed
under this chapter may employ the term "chiropractic" to
describe any services provided by a naturopath under this
chapter. [1991 c 3 § 89; 1988 c 246 § 1; 1987 c 447 § 3.]
18.36A.050 Application of chapter—Exemptions.
Nothing in this chapter shall be construed to prohibit or
restrict:
(1) The practice of a profession by individuals who are
licensed, certified, or registered under other laws of this state
who are performing services within their authorized scope of
practice;
(2) The practice of naturopathic medicine by an individual employed by the government of the United States while
the individual is engaged in the performance of duties
prescribed for him or her by the laws and regulations of the
United States;
(3) The practice of naturopathic medicine by students
enrolled in a school approved by the secretary. The performance of services shall be pursuant to a course of instruction
or assignments from an instructor and under the supervision
of the instructor. The instructor shall be a naturopath
licensed pursuant to this chapter; or
(4) The practice of oriental medicine or oriental
herbology, or the rendering of other dietary or nutritional
advice. [1991 c 3 § 90; 1987 c 447 § 5.]
18.36A.060 Powers of secretary—Application of
uniform disciplinary act. (1) In addition to any other
authority provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Determine the minimum education and experience
requirements for licensure in conformance with RCW
(2002 Ed.)
Naturopathy
18.36A.090, including but not limited to approval of educational programs;
(e) Prepare and administer or approve the preparation
and administration of examinations for licensure;
(f) Issue a license to any applicant who has met the
education, training, and examination requirements for
licensure and deny a license to applicants who do not meet
the minimum qualifications for licensure; except that denial
of licenses based on unprofessional conduct or impaired
practice shall be governed by the uniform disciplinary act,
chapter 18.130 RCW;
(g) Hire clerical, administrative, and investigative staff
as needed to implement and administer this chapter and to
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(h) Maintain the official department record of all
applicants and licensees;
(i) Determine whether alternative methods of training
are equivalent to formal education, and establish forms,
procedures, and criteria for evaluation of an applicant’s
equivalent alternative training to determine the applicant’s
eligibility to take the examination;
(j) Establish by rule the procedures for an appeal of
examination failure;
(k) Conduct a hearing on an appeal of a denial of a
license based on the applicant’s failure to meet the minimum
qualifications for licensure. The hearing shall be conducted
pursuant to chapter 34.05 RCW; and
(l) Adopt rules implementing a continuing competency
program.
(2) The uniform disciplinary act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses and the discipline of licensees under this chapter.
The secretary shall be the disciplining authority under this
chapter. [1991 c 3 § 91; 1987 c 447 § 6.]
18.36A.070 Naturopathic advisory committee. (1)
There is hereby created the Washington state naturopathic
advisory committee consisting of five members appointed by
the secretary who shall advise the secretary concerning the
administration of this chapter. Three members of the initial
committee shall be persons who would qualify for licensing
under this chapter. Their successors shall be naturopaths
who are licensed under this chapter. Two members of the
committee shall be individuals who are unaffiliated with the
profession. For the initial committee, one unaffiliated
member and one naturopath shall serve four-year terms, one
unaffiliated member and one naturopath shall serve threeyear terms, and one naturopath shall serve a two-year term.
The term of office for committee members after the initial
committee is four years. Any committee member may be
removed for just cause including a finding of fact of unprofessional conduct, impaired practice, or more than three
unexcused absences. The secretary may appoint a new
member to fill any vacancy on the committee for the
remainder of the unexpired term.
No committee member may serve more than two
consecutive terms, whether full or partial.
(2002 Ed.)
18.36A.060
(2) Committee members shall be compensated in
accordance with RCW 43.03.240 and reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(3) The committee may elect annually a chair and vicechair to direct the meetings of the committee. The committee shall meet at least once each year, and may hold additional meetings as called by the secretary or the chair. [1991
c 3 § 92; 1987 c 447 § 7.]
18.36A.080 Civil immunity. The secretary, members
of the committee, or individuals acting on their behalf, are
immune from suit in any civil action based on any act
performed in the course of their duties. [1991 c 3 § 93;
1987 c 447 § 8.]
18.36A.090 Requirements for licensure. The
department shall issue a license to any applicant who meets
the following requirements:
(1) Successful completion of an educational program
approved by the secretary, the minimum standard of which
shall be the successful completion of a doctorate degree
program in naturopathy which includes a minimum of two
hundred post-graduate hours in the study of mechanotherapy
from an approved educational program, or successful
completion of equivalent alternate training that meets the
criteria established by the secretary. The requirement for
two hundred post-graduate hours in the study of mechanotherapy shall expire June 30, 1989;
(2) Successful completion of any equivalent experience
requirement established by the secretary;
(3) Successful completion of an examination administered or approved by the secretary;
(4) Good moral character; and
(5) Not having engaged in unprofessional conduct or
being unable to practice with reasonable skill and safety as
a result of a physical or mental impairment.
The secretary shall establish what constitutes adequate
proof of meeting the above requirements. Any person
holding a valid license to practice drugless therapeutics
under chapter 18.36 RCW upon January 1, 1988, shall be
deemed licensed pursuant to this chapter. [1991 c 3 § 94;
1987 c 447 § 9.]
18.36A.100 Standards for approval of educational
programs. The secretary shall establish by rule the standards for approval of educational programs and alternate
training and may contract with individuals or organizations
having expertise in the profession and/or in education to
report to the secretary the information necessary for the
secretary to evaluate the educational programs. The standards for approval shall be based on the minimal competencies necessary for safe practice. The standards and procedures for approval shall apply equally to educational programs and equivalent alternate training within the United
States and those in foreign jurisdictions. The secretary may
establish a fee for educational program evaluation. The fee
shall be determined by the administrative costs for the
educational program evaluation, including, but not limited to,
costs for site evaluation. [1991 c 3 § 95; 1987 c 447 § 10.]
[Title 18 RCW—page 109]
18.36A.110
Title 18 RCW: Businesses and Professions
18.36A.110 Examination for licensure. (1) The date
and location of the examination shall be established by the
secretary. Applicants who have been found to meet the
education and experience requirements for licensure shall be
scheduled for the next examination following the filing of
the application. The secretary shall establish by rule the
examination application deadline.
(2) The examination shall contain subjects appropriate
to the standards of competency and scope of practice.
(3) The secretary shall establish by rule the requirements
for a reexamination if the applicant has failed the examination.
(4) The committee may recommend to the secretary an
examination prepared or administered, or both, by a private
testing agency or association of licensing boards. [1991 c 3
§ 96; 1987 c 447 § 11.]
18.39.120
18.39.130
18.39.145
18.39.148
18.39.150
18.39.170
18.39.173
18.39.175
18.39.181
18.39.195
18.39.215
18.39.217
18.36A.120 License standards for applicants from
other jurisdictions—Reciprocity. The secretary shall
establish by rule the standards for licensure of applicants
licensed in another jurisdiction. However, the standards for
reciprocity of licensure shall not be less than required for
licensure in the state of Washington. [1991 c 3 § 97; 1987
c 447 § 12.]
18.36A.130 Compliance with secretary’s determinations. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary as provided in RCW 43.70.250 and 43.70.280.
[1996 c 191 § 22; 1991 c 3 § 98; 1987 c 447 § 13.]
18.36A.140 Fee for renewal, late renewal. The
secretary shall establish the administrative procedures,
administrative requirements, and fees for renewal and late renewal of licenses as provided in RCW 43.70.250 and
43.70.280. [1996 c 191 § 23; 1991 c 3 § 99; 1987 c 447 §
14.]
18.36A.900 Effective date—1987 c 447 §§ 1-14.
Sections 1 through 14 of this act shall take effect January 1,
1988. [1987 c 447 § 20.]
18.36A.901 Severability—1987 c 447. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 447 § 25.]
Chapter 18.39
EMBALMERS—FUNERAL DIRECTORS
Sections
18.39.010
18.39.020
18.39.035
18.39.045
18.39.050
18.39.070
18.39.100
Definitions.
License required.
Applicant for license as funeral director or embalmer—
Eligibility.
College course requirements.
Application—Renewal—Fees.
Examinations—Applications—Notice—Passing grades—
Retake of examination.
License—Form—Restrictions.
[Title 18 RCW—page 110]
18.39.220
18.39.231
18.39.240
18.39.250
18.39.255
18.39.260
18.39.270
18.39.280
18.39.290
18.39.300
18.39.320
18.39.330
18.39.345
18.39.350
18.39.360
18.39.370
18.39.400
18.39.410
18.39.420
18.39.430
18.39.440
18.39.450
18.39.460
18.39.465
18.39.467
18.39.470
18.39.480
18.39.490
18.39.500
18.39.510
18.39.520
18.39.530
18.39.540
18.39.550
18.39.560
18.39.800
18.39.900
18.39.901
Apprentices—Registration—Renewal—Notice of termination—Fees.
Licenses—Applicants from other states—Examination.
Funeral establishment license—Issuance—Requirements—
Transferability—Expiration.
Funeral establishment license—Cancellation—Hearing.
License lapse—Reinstatement—Fee—Reexamination.
Inspector of funeral directors and embalmers—
Appointment—Eligibility—Term—Powers and duties.
Board of funeral directors and embalmers—Established—
Membership—Appointment—Qualifications—Terms—
Vacancies—Officers—Quorum.
Board—Duties and responsibilities—Compensation—Travel
expenses—Rules.
Powers and duties of director.
Pricing information to be given—Billing "cash advanced"
items.
Embalmers—Authorization required—Exception—
Information required—Immediate care of body—
Waiver—Penalty.
Permit or endorsement required for cremation—Penalty—
Regulation of crematories.
Unlawful business practices—Penalty.
Prohibited advice and transactions—Exceptions—Rules—
Penalty.
Prearrangement funeral service contracts—License required.
Prearrangement contracts—Trusts—Refunds.
Prearrangement contracts—Insurance funded—Requirements.
Prearrangement contracts—Certificates of registration required—Exception.
Prearrangement contracts—Registration qualifications.
Prearrangement contracts—Application for registration.
Prearrangement contracts—Registration—Renewal—Fees—
Disposition.
Prearrangement contracts—Grounds for disciplinary action.
Prearrangement contracts—Annual financial statement—
Failure to file.
Prearrangement contract forms—Approval required—
Grounds for disapproval.
Prearrangement trust—Examination by board.
Violations—Penalty—Consumer protection—Retail installment contracts.
Fraternal or benevolent organizations and labor unions excepted.
Prearrangement service contracts—Abandoned trusts.
Disciplinary authority of board—Rules.
Unprofessional conduct.
Complaint to board—Submittal—Determination—
Investigation—Immunity of complainant.
Statement of charge of violation—Notice—Hearing.
Hearings—Procedures—Administrative Procedure Act.
Findings of fact—Order—Notice—Report.
Actions against license—Exceptions.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Order—When effective—Stay.
Appeal.
Reinstatement—Hearings—Examination.
Finding of unprofessional conduct—Order—Sanctions—
Stay—Costs.
Informal disposal—Statement of allegations—Summary of
evidence—Stipulation—Sanctions—Disclosure—
Enforcement.
Enforcement of fine.
Practice without license—Investigation of complaint—
Temporary cease and desist order—Injunction—
Penalties.
Violation of injunction—Penalties.
Crime by license, registration, endorsement, or permit holder—Notice by board.
Uniform regulation of business and professions act.
Funeral directors and embalmers account.
Severability—1937 c 108.
Severability—1982 c 66.
(2002 Ed.)
Embalmers—Funeral Directors
Burial and removal permits: RCW 70.58.230.
Cemeteries, morgues and human remains: Title 68 RCW.
Disposal of remains prohibited unless accompanied by proper permit:
RCW 70.58.260.
Prearrangement contracts for cemeteries: Chapter 68.46 RCW.
Undertaker must file death certificate: RCW 70.58.240.
18.39.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Funeral director" means a person engaged in the
profession or business of conducting funerals and supervising
or directing the burial and disposal of dead human bodies.
(2) "Embalmer" means a person engaged in the profession or business of disinfecting, preserving or preparing for
disposal or transportation of dead human bodies.
(3) "Two-year college course" means the completion of
sixty semester hours or ninety quarter hours of college
credit, including the satisfactory completion of certain
college courses, as set forth in this chapter.
(4) "Funeral establishment" means a place of business
licensed in accordance with RCW 18.39.145, conducted at a
specific street address or location, and devoted to the care
and preparation for burial or disposal of dead human bodies
and includes all areas of such business premises and all
tools, instruments, and supplies used in preparation and
embalming of dead human bodies for burial or disposal.
(5) "Director" means the director of licensing.
(6) "Board" means the state board of funeral directors
and embalmers created pursuant to RCW 18.39.173.
(7) "Prearrangement funeral service contract" means any
contract under which, for a specified consideration, a funeral
establishment promises, upon the death of the person named
or implied in the contract, to furnish funeral merchandise or
services.
(8) "Funeral merchandise or services" means those
services normally performed and merchandise normally
provided by funeral establishments, including the sale of
burial supplies and equipment, but excluding the sale by a
cemetery of lands or interests therein, services incidental
thereto, markers, memorials, monuments, equipment, crypts,
niches, or vaults.
(9) "Qualified public depositary" means a public
depositary defined by RCW 39.58.010, a credit union as
governed by chapter 31.12 RCW, a mutual savings bank as
governed by Title 32 RCW, a savings and loan association
as governed by Title 33 RCW, or a federal credit union or
a federal savings and loan association organized, operated,
and governed by any act of congress, in which prearrangement funeral service contract funds are deposited by any
funeral establishment.
Words used in this chapter importing the singular may
be applied to the plural of the person or thing, words
importing the plural may be applied to the singular, and
words importing the masculine gender may be applied to the
female. [2000 c 171 § 10; 1989 c 390 § 1; 1982 c 66 § 1;
1981 c 43 § 1; 1979 c 158 § 39; 1977 ex.s. c 93 § 1; 1965
ex.s. c 107 § 1; 1937 c 108 § 1; RRS § 8313.]
Effective dates—1982 c 66: See note following RCW 18.39.240.
Number and gender: RCW 1.12.050.
(2002 Ed.)
Chapter 18.39
18.39.020 License required. It is a violation of RCW
18.130.190 for any person to act or hold himself out as a
funeral director or embalmer or discharge any of the duties
of a funeral director or embalmer as defined in this chapter
unless the person has a valid license under this chapter. It
is unlawful for any person to open up, maintain or operate
a funeral establishment without a valid establishment license
and without having at all times at least one funeral director
to supervise and direct the business conducted therefrom.
[1987 c 150 § 30; 1981 c 43 § 2; 1937 c 108 § 2; RRS §
8314-1. Prior: 1909 c 215 § 1. Formerly RCW 18.39.020
and 18.39.110.]
Severability—1987 c 150: See RCW 18.122.901.
18.39.035 Applicant for license as funeral director
or embalmer—Eligibility. (1) An applicant for a license as
a funeral director shall be at least eighteen years of age, of
good moral character, and must have obtained an associate
of arts degree in mortuary science or completed a course of
not less than two years in an accredited college, and a oneyear course of training under a licensed funeral director in
this state. The applicant must also pass an examination in
the funeral arts and an examination in the laws of this state
pertaining to the handling, care, transportation, and disposition of human remains and the contents of this chapter.
(2) An applicant for a license as an embalmer must be
at least eighteen years of age, of good moral character, and
have obtained an associate of arts degree in mortuary science
or completed a course of instruction in an accredited
mortuary science college program and other college courses
that total sixty semester hours or ninety quarter hours,
completed a two-year course of training under a licensed
embalmer in this state, and have passed an examination in
the funeral sciences and an examination in the laws of this
state pertaining to the handling, care, transportation, and
disposition of human remains, and the contents of this
chapter. [1996 c 217 § 1; 1981 c 43 § 3.]
18.39.045 College course requirements. (1) The
two-year college course required for funeral directors under
this chapter shall consist of sixty semester or ninety quarter
hours of instruction at a school, college, or university
accredited by the Northwest Association of Schools and
Colleges or other accrediting association approved by the
board, with a minimum 2.0 grade point, or a grade of C or
better, in each subject required by subsection (2) of this
section.
(2) Credits shall include one course in psychology, one
in mathematics, two courses in English composition and
rhetoric, two courses in social science, and three courses
selected from the following subjects: Behavioral sciences,
public speaking, counseling, business administration and
management, and first aid.
(3) This section does not apply to any person registered
and in good standing as an apprentice funeral director or
embalmer on or before January 1, 1982. [1996 c 217 § 2;
1982 c 66 § 20; 1981 c 43 § 4.]
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.050 Application—Renewal—Fees. Every
application for an initial license or a license renewal under
[Title 18 RCW—page 111]
18.39.050
Title 18 RCW: Businesses and Professions
this chapter shall be made in writing on a form prescribed by
the director with such information as the director requires.
The director shall set license fees in accordance with RCW
43.24.086. [1985 c 7 § 37; 1982 c 66 § 21; 1981 c 43 § 5;
1975 1st ex.s. c 30 § 42; 1971 ex.s. c 266 § 8; 1937 c 108
§ 6; RRS § 8318-1. Formerly RCW 18.39.050, 18.39.060,
and 18.39.140.]
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.070 Examinations—Applications—Notice—
Passing grades—Retake of examination. (1) License
examinations shall be held by the director at least once each
year at a time and place to be designated by the director.
Application to take an examination shall be filed with the
director at least forty-five days prior to the examination date
and the department shall give each applicant notice of the
time and place of the next examination by written notice
mailed to the applicant’s address as given upon his or her
application not later than fifteen days before the examination,
but no person may take an examination unless his or her application has been on file for at least fifteen days before the
examination. The applicant shall be deemed to have passed
an examination if the applicant attains a grade of not less
than seventy-five percent in each examination. Any applicant who fails an examination shall be entitled, at no
additional fee, to one retake of that examination.
(2) An applicant for a license hereunder may take his or
her written examination after completing the educational
requirements and before completing the course of training
required under RCW 18.39.035. [1996 c 217 § 3; 1981 c 43
§ 6; 1965 ex.s. c 107 § 4; 1937 c 108 § 5; RRS § 8317.
Prior: 1909 c 215 §§ 8, 11.]
18.39.100 License—Form—Restrictions. Every
license issued hereunder shall specify the name of the person
to whom it is issued and shall be displayed conspicuously in
his or her place of business. No license shall be assigned,
and not more than one person shall carry on the profession
or business of funeral directing or embalming under one
license. [1996 c 217 § 4; 1937 c 108 § 7; RRS § 8319.
Prior: 1909 c 215 § 13.]
18.39.120 Apprentices—Registration—Renewal—
Notice of termination—Fees. Every person engaged in the
business of funeral directing or embalming, who employs an
apprentice to assist in the conduct of the business, shall
register the name of each apprentice with the director at the
beginning of the apprenticeship, and shall also forward
notice of the termination of the apprenticeship. The registration shall be renewed annually and shall expire on the
anniversary of the apprentice’s birthdate. Fees determined
under RCW 43.24.086 shall be paid for the initial registration of the apprentice, and for each annual renewal. [1985
c 7 § 38; 1981 c 43 § 7; 1975 1st ex.s. c 30 § 43; 1937 c
108 § 10; RRS § 8322.]
18.39.130 Licenses—Applicants from other states—
Examination. The board may recognize licenses issued to
funeral directors or embalmers from other states if the
applicant’s qualifications are comparable to the requirements
of this chapter. Five years active experience as a licensee
[Title 18 RCW—page 112]
may be accepted to make up a deficit in the comparable
education requirements. Upon presentation of the license
and payment by the holder of a fee determined under RCW
43.24.086, and successful completion of the examination of
the laws of this state pertaining to the handling, care,
transportation, and disposition of human remains and the
contents of this chapter, the board may issue a funeral
director’s or embalmer’s license under this chapter. [1996
c 217 § 5. Prior: 1986 c 259 § 60; 1985 c 7 § 39; 1982 c
66 § 22; 1981 c 43 § 8; 1975 1st ex.s. c 30 § 44; 1937 c
108 § 15; RRS § 8325; prior: 1909 c 215 § 16.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.145 Funeral establishment license—
Issuance—Requirements—Transferability—Expiration.
The board shall issue a funeral establishment license to any
person, partnership, association, corporation, or other
organization to operate a funeral establishment, at specific
locations only, which has met the following requirements:
(1) The applicant has designated the name under which
the funeral establishment will operate and has designated
locations for which the general establishment license is to be
issued;
(2) The applicant is licensed in this state as a funeral
director and as an embalmer, or employs at least one person
with both such qualifications or one licensed funeral director
and one embalmer who will be in service at each designated
location;
(3) The applicant has filed an application with the
director as required by this chapter and paid the required
filing fee therefor as fixed by the director pursuant to RCW
43.24.086;
(4) As a condition of applying for a new funeral
establishment license, the person or entity desiring to acquire
such ownership or control shall be bound by all then existing
prearrangement funeral service contracts.
The board may deny an application for a funeral
establishment license, or issue a conditional license, if
disciplinary action has previously been taken against the
applicant or the applicant’s designated funeral director or
embalmer. No funeral establishment license shall be
transferable, but an applicant may make application for more
than one funeral establishment license so long as all of the
requirements are met for each license. All funeral establishment licenses shall expire on June 30, or as otherwise
determined by the director. [1986 c 259 § 61; 1985 c 7 §
40; 1977 ex.s. c 93 § 3.]
Reviser’s note: This section was amended by 1986 c 259 § 61
without reference to its amendment by 1985 c 7 § 40. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2).
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.148 Funeral establishment license—
Cancellation—Hearing. If a licensed funeral establishment
does not have a licensed funeral director and embalmer in its
employ at its place of business, its license shall be canceled
immediately by the board. Upon notification of cancellation
of a funeral establishment license, the funeral establishment
shall be notified of the opportunity for a hearing, which shall
(2002 Ed.)
Embalmers—Funeral Directors
be conducted pursuant to chapter 34.05 RCW. [1986 c 259
§ 62; 1981 c 43 § 9; 1977 ex.s. c 93 § 4.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.150 License lapse—Reinstatement—Fee—
Reexamination. Any licensed funeral director or embalmer
whose license has lapsed shall reapply for a license and pay
a fee as determined under RCW 43.24.086 before the license
may be issued. Applications under this section shall be
made within one year after the expiration of the previous
license. If the application is not made within one year, the
applicant shall be required to take an examination or submit
other satisfactory proof of continued competency approved
by the board and pay the license fee, as required by this
chapter in the case of initial applications, together with all
unpaid license fees and penalties. [1986 c 259 § 63; 1985
c 7 § 41; 1981 c 43 § 10; 1975 1st ex.s. c 30 § 45; 1937 c
108 § 8; RRS § 8320.]
Reviser’s note: This section was amended by 1986 c 259 § 63
without reference to its amendment by 1985 c 7 § 41. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2).
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.170 Inspector of funeral directors and
embalmers—Appointment—Eligibility—Term—Powers
and duties. There shall be appointed by said director of
licensing an agent whose title shall be "inspector of funeral
directors and embalmers of the state of Washington." No
person shall be eligible for such appointment unless, at the
time of his appointment, he shall have been a duly licensed
embalmer in the state of Washington, with a minimum
experience of not less than five consecutive years both as an
embalmer and as a funeral director in the state of Washington. Said inspector shall hold office during the pleasure of
said director of licensing, and the duties of said inspector
shall be, and he is hereby authorized, to enter the office,
premises, establishment or place of business, where funeral
directing or embalming is carried on for the purpose of
inspecting said office, premises, establishment or place of
business, and the licenses and registrations of embalmers,
funeral directors and apprentices operating therein. Such
inspector shall serve and execute any papers or process
issued by the director of licensing under authority of this
chapter, and perform any other duty or duties prescribed or
ordered by the director of licensing. Said inspector shall at
all times be under the supervision of said director of licensing and he may also assist the state health commissioner in
enforcing the provisions of the law relating to health and
such rules and regulations as shall have been made and
promulgated by the state board of health. [1937 c 108 § 16;
RRS § 8325-1.]
18.39.173 Board of funeral directors and embalmers—Established—Membership—Appointment—
Qualifications—Terms—Vacancies—Officers—Quorum.
There is hereby established a state board of funeral directors
and embalmers to be composed of five members appointed
by the governor in accordance with this section, one of
whom shall be a public member. The three members of the
state examining committee for funeral directors and embalm(2002 Ed.)
18.39.148
ers, which was created pursuant to RCW 43.24.060, as of
September 21, 1977 are hereby appointed as members of the
board to serve for initial terms. The governor shall appoint
two additional members of the board. Each professional
member of the board shall be licensed in this state as a
funeral director and embalmer and a resident of the state of
Washington for a period of at least five years next preceding
appointment, during which time such member shall have
been continuously engaged in the practice as a funeral
director or embalmer as defined in this chapter. No person
shall be eligible for appointment to the board of funeral
directors and embalmers who is financially interested,
directly or indirectly, in any embalming college, wholesale
funeral supply business, or casket manufacturing business.
All members of the board of funeral directors and
embalmers shall be appointed to serve for a term of five
years, to expire on July 1 of the year of termination of their
term, and until their successors have been appointed and
qualified: PROVIDED, That the governor is granted the
power to fix the terms of office of the members of the board
first appointed so that the term of office of not more than
one member of the board shall terminate in any one year.
In case of a vacancy occurring on the board, the governor
shall appoint a qualified member for the remainder of the
unexpired term of the vacant office. Any member of the
board of funeral directors and embalmers who fails to
properly discharge the duties of a member may be removed
by the governor.
The board shall meet once annually to elect a chairman,
vice chairman, and secretary and take official board action
on pending matters by majority vote of all the members of
the board of funeral directors and embalmers and at other
times when called by the director, the chairman, or a majority of the members. A majority of the members of said
board shall at all times constitute a quorum. [1977 ex.s. c
93 § 8.]
18.39.175 Board—Duties and responsibilities—
Compensation—Travel expenses—Rules. Each member of
the board of funeral directors and embalmers shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for travel expenses in connection with board
duties in accordance with RCW 43.03.050 and 43.03.060.
The state board of funeral directors and embalmers shall
have the following duties and responsibilities:
(1) To be responsible for the preparation, conducting,
and grading of examinations of applicants for funeral
director and embalmer licenses;
(2) To certify to the director the results of examinations
of applicants and certify the applicant as having "passed" or
"failed";
(3) To make findings and recommendations to the
director on any and all matters relating to the enforcement of
this chapter;
(4) To adopt, promulgate, and enforce reasonable rules.
Rules regulating the cremation of human remains and permit
requirements shall be adopted in consultation with the
cemetery board;
(5) To examine or audit or to direct the examination and
audit of prearrangement funeral service trust fund records for
[Title 18 RCW—page 113]
18.39.175
Title 18 RCW: Businesses and Professions
compliance with this chapter and rules adopted by the board;
and
(6) To adopt rules establishing mandatory continuing
education requirements to be met by persons applying for
license renewal. [1996 c 217 § 6; 1994 c 17 § 1. Prior:
1986 c 259 § 64; 1985 c 402 § 6; 1984 c 287 § 34; 1984 c
279 § 53; 1981 c 43 § 11; 1977 ex.s. c 93 § 9.]
Savings—1986 c 259 §§ 64, 73: "The repeal of RCW 18.39.179 and
the amendment of RCW 18.39.175 by this act shall not be construed as
affecting any rights and duties which matured, penalties which were
incurred, and proceedings which were begun before June 11, 1986." [1986
c 259 § 74.]
Severability—1986 c 259: See note following RCW 18.130.010.
Legislative finding—1985 c 402: See note following RCW
68.50.165.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1984 c 279: See RCW 18.130.901.
18.39.181 Powers and duties of director. The
director shall have the following powers and duties:
(1) To issue all licenses provided for under this chapter;
(2) To renew licenses under this chapter;
(3) To collect all fees prescribed and required under this
chapter;
(4) To immediately suspend the license of a person who
has been certified pursuant to RCW 74.20A.320 by the
department of social and health services as a person who is
not in compliance with a support order or a *residential or
visitation order; and
(5) To keep general books of record of all official acts,
proceedings, and transactions of the department of licensing
while acting under this chapter. [1997 c 58 § 819; 1996 c
217 § 7; 1986 c 259 § 65; 1981 c 43 § 13; 1977 ex.s. c 93
§ 5.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—1986 c 259: See note following RCW 18.130.010.
18.39.195 Pricing information to be given—Billing
"cash advanced" items. (1) Every licensed funeral director, his agent, or his employee shall give, or cause to be
given, to the person making funeral arrangements or arranging for shipment, transportation, or other disposition of a
deceased person:
(a) If requested by telephone, accurate information
regarding the retail prices of funeral merchandise and
services offered for sale by that funeral director; and
(b) At the time such arrangements are completed or
prior to the time of rendering the service, a written, itemized
statement showing to the extent then known the price of
merchandise and service that such person making such
arrangements has selected, the price of supplemental items
of service and merchandise, if any, and the estimated amount
[Title 18 RCW—page 114]
of each item for which the funeral service firm will advance
money as an accommodation to the person making such
funeral arrangements.
(2) No such funeral director, his agent, or his employee,
shall bill or cause to be billed any item that is referred to as
a "cash advanced" item unless the net amount paid for such
item by the funeral director is the same amount as is billed
to such funeral director. [1979 ex.s. c 62 § 1.]
18.39.215 Embalmers—Authorization required—
Exception—Information required—Immediate care of
body—Waiver—Penalty. (1) No licensed embalmer shall
embalm a deceased body without first having obtained
authorization from a family member or representative of the
deceased.
Notwithstanding the above prohibition a licensee may
embalm without such authority when after due diligence no
authorized person can be contacted and embalming is in
accordance with legal or accepted standards of care in the
community, or the licensee has good reason to believe that
the family wishes embalming. If embalming is performed
under these circumstances, the licensee shall not be deemed
to be in violation of the provisions of this subsection.
The funeral director or embalmer shall inform the
family member or representative of the deceased that
embalming is not required by state law, except that embalming is required under certain conditions as determined by
rule by the state board of health.
(2) Any person authorized to dispose of human remains
shall refrigerate or embalm the body within twenty-four
hours upon receipt of the body, unless disposition of the
body has been made. However, subsection (1) of this
section and RCW 68.50.108 shall be complied with before
a body is embalmed. Upon written authorization of the
proper state or local authority, the provisions of this subsection may be waived for a specified period of time.
Violation of this subsection is a gross misdemeanor.
[1987 c 331 § 76; 1985 c 402 § 5; 1981 c 43 § 15.]
Effective date—1987 c 331: See RCW 68.05.900.
Legislative finding—1985 c 402: See note following RCW
68.50.165.
18.39.217 Permit or endorsement required for
cremation—Penalty—Regulation of crematories. A
permit or endorsement issued by the board or under chapter
68.05 RCW is required in order to operate a crematory or
conduct a cremation. Conducting a cremation without a
permit or endorsement is a misdemeanor. Each such
cremation is a separate violation. Crematories owned or
operated by or located on property licensed as a funeral
establishment shall be regulated by the board of funeral
directors and embalmers. Crematories not affiliated with a
funeral establishment shall be regulated by the cemetery
board. [1985 c 402 § 7.]
Legislative finding—1985 c 402: See note following RCW
68.50.165.
18.39.220 Unlawful business practices—Penalty.
Every funeral director or embalmer who pays, or causes to
be paid, directly or indirectly, money, or other valuable
consideration, for the securing of business, and every person
(2002 Ed.)
Embalmers—Funeral Directors
who accepts money, or other valuable consideration, directly
or indirectly, from a funeral director or from an embalmer,
in order that the latter may obtain business is guilty of a
gross misdemeanor. Every person who sells, or offers for
sale, any share, certificate, or interest in the business of any
funeral director or embalmer, or in any corporation, firm, or
association owning or operating a funeral establishment,
which promises or purports to give to the purchaser a right
to the services of the funeral director, embalmer, or corporation, firm, or association at a charge or cost less than that
offered or given to the public, is guilty of a gross misdemeanor. [1981 c 43 § 16; 1937 c 108 § 13; RRS § 8323-2.]
Violations—Penalty—Unfair practice under chapter 19.86 RCW: RCW
18.39.350.
18.39.231 Prohibited advice and transactions—
Exceptions—Rules—Penalty. A funeral director or any
person under the supervision of a funeral director shall not,
in conjunction with any professional services performed for
compensation under this chapter, provide financial or
investment advice to any person other than a family member,
represent any person in a real estate transaction, or act as an
agent under a power of attorney for any person. However,
this section shall not be deemed to prohibit a funeral
establishment from entering into prearrangement funeral
service contracts in accordance with this chapter or to
prohibit a funeral director from providing advice about
government or insurance benefits.
A violation of this section is a gross misdemeanor and
is grounds for disciplinary action.
The board shall adopt such rules as the board deems
reasonably necessary to prevent unethical financial dealings
between funeral directors and their clients. [1986 c 259 §
66; 1982 c 66 § 15.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—1982 c 66: See note following RCW 18.39.240.
18.39.240 Prearrangement funeral service contracts—License required. Only a funeral establishment
licensed pursuant to this chapter may enter into prearrangement funeral service contracts. [1989 c 390 § 2; 1982 c 66
§ 2.]
Effective dates—1982 c 66: "This act shall take effect on September
1, 1982, with the exception of sections 20, 21, and 22 of this act, which are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 26, 1982]." [1982 c 66 §
24.]
Transfer of records, files, and pending business—1982 c 66: "(1)
All records, files, reports, papers, or other written material in the possession
of the insurance commissioner pertaining to the regulation of prepaid funeral
expenses shall be delivered to the director of licensing on the effective date
of this act.
(2) All business or matters concerning prepaid funeral expenses
pending before the insurance commissioner shall be transferred to the
director of licensing and assumed by the director on the effective date of
this act." [1982 c 66 § 17.]
Savings—1982 c 66: "The transfer of duties under sections 2 through
14 of this act shall not affect the validity of any rule, action, decision
promulgated or held prior to the effective date of this act." [1982 c 66 §
18.]
18.39.250 Prearrangement contracts—Trusts—
Refunds. (1) Any funeral establishment selling funeral
(2002 Ed.)
18.39.220
merchandise or services by prearrangement funeral service
contract and accepting moneys therefore shall establish and
maintain one or more prearrangement funeral service trusts
under Washington state law with two or more designated
trustees, for the benefit of the beneficiary of the prearrangement funeral service contract or may join with one or more
other Washington state licensed funeral establishments in a
"master trust" provided that each member of the "master
trust" shall comply individually with the requirements of this
chapter.
(2) Up to ten percent of the cash purchase price of each
prearrangement funeral service contract, excluding sales tax,
may be retained by the funeral establishment unless otherwise provided in this chapter. If the prearrangement funeral
service contract is canceled within thirty calendar days of its
signing, then the purchaser shall receive a full refund of all
moneys paid under the contract.
(3) At least ninety percent of the cash purchase price of
each prearrangement funeral service contract, paid in
advance, excluding sales tax, shall be placed in the trust
established or utilized by the funeral establishment. Deposits
to the prearrangement funeral service trust shall be made not
later than the twentieth day of the month following receipt
of each payment made on the last ninety percent of each
prearrangement funeral service contract, excluding sales tax.
(4) All prearrangement funeral service trust moneys
shall be deposited in an insured account in a qualified public
depositary or shall be invested in instruments issued or
insured by any agency of the federal government if these
securities are held in a public depositary. The account shall
be designated as the prearrangement funeral service trust of
the funeral establishment for the benefit of the beneficiaries
named in the prearrangement funeral service contracts. The
prearrangement funeral service trust shall not be considered
as, nor shall it be used as, an asset of the funeral establishment.
(5) After deduction of reasonable fees for the administration of the trust, taxes paid or withheld, or other expenses
of the trust, all interest, dividends, increases, or accretions of
whatever nature earned by a trust shall be kept unimpaired
and shall become a part of the trust. Adequate records shall
be maintained to allocate the share of principal and interest
to each contract. Fees deducted for the administration of the
trust shall not exceed one percent per year of the amount in
trust. In no instance shall the administrative charges
deducted from the prearrangement funeral service trust
reduce, diminish, or in any other way lessen the value of the
trust so that the services or merchandise provided for under
the contract are reduced, diminished, or in any other way
lessened.
(6) Except as otherwise provided in this chapter, the
trustees of a prearrangement funeral service trust shall permit
withdrawal of all funds deposited under a prearrangement
funeral service contract, plus accruals thereon, under the
following circumstances and conditions:
(a) If the funeral establishment files a verified statement
with the trustees that the prearrangement funeral merchandise
and services covered by the contract have been furnished and
delivered in accordance therewith; or
(b) If the funeral establishment files a verified statement
with the trustees that the prearrangement funeral merchandise
[Title 18 RCW—page 115]
18.39.250
Title 18 RCW: Businesses and Professions
and services covered by the contract have been canceled in
accordance with its terms.
(7) Subsequent to the thirty calendar day cancellation
period provided for in this chapter, any purchaser or beneficiary who has a revocable prearrangement funeral service
contract has the right to demand a refund of the amount in
trust.
(8) Prearrangement funeral service contracts which have
or should have an account in a prearrangement funeral
service trust may be terminated by the board if the funeral
establishment goes out of business, becomes insolvent or
bankrupt, makes an assignment for the benefit of creditors,
has its prearrangement funeral service certificate of registration revoked, or for any other reason is unable to fulfill the
obligations under the contract. In such event, or upon
demand by the purchaser or beneficiary of the prearrangement funeral service contract, the funeral establishment shall
refund to the purchaser or beneficiary all moneys deposited
in the trust and allocated to the contract unless otherwise
ordered by a court of competent jurisdiction. The purchaser
or beneficiary may, in lieu of a refund, elect to transfer the
prearrangement funeral service contract and all amounts in
trust to another funeral establishment licensed under this
chapter which will agree, by endorsement to the contract, to
be bound by the contract and to provide the funeral merchandise or services. Election of this option shall not relieve
the defaulting funeral establishment of its obligation to the
purchaser or beneficiary for any amounts required to be, but
not placed, in trust.
(9) Prior to the sale or transfer of ownership or control
of any funeral establishment which has contracted for
prearrangement funeral service contracts, any person,
corporation, or other legal entity desiring to acquire such
ownership or control shall apply to the director in accordance with RCW 18.39.145. Persons and business entities
selling or relinquishing, and persons and business entities
purchasing or acquiring ownership or control of such funeral
establishments shall each verify and attest to a report
showing the status of the prearrangement funeral service
trust or trusts on the date of the sale. This report shall be on
a form prescribed by the board and shall be considered part
of the application for a funeral establishment license. In the
event of failure to comply with this subsection, the funeral
establishment shall be deemed to have gone out of business
and the provisions of subsection (8) of this section shall
apply.
(10) Prearrangement funeral service trust moneys shall
not be used, directly or indirectly, for the benefit of the
funeral establishment or any director, officer, agent, or
employee of the funeral establishment including, but not
limited to, any encumbrance, pledge, or other use of prearrangement funeral service trust moneys as collateral or other
security.
(11)(a) If, at the time of the signing of the prearrangement funeral service contract, the beneficiary of the trust is
a recipient of public assistance as defined in RCW
74.04.005, or reasonably anticipates being so defined, the
contract may provide that the trust will be irrevocable. If
after the contract is entered into, the beneficiary becomes
eligible or seeks to become eligible for public assistance
under Title 74 RCW, the contract may provide for an election by the beneficiary, or by the purchaser on behalf of the
[Title 18 RCW—page 116]
beneficiary, to make the trust irrevocable thereafter in order
to become or remain eligible for such assistance.
(b) The department of social and health services shall
notify the trustee of any prearrangement service trust that the
department has a claim on the estate of a beneficiary for
long-term care services. Such notice shall be renewed at
least every three years. The trustees upon becoming aware
of the death of a beneficiary shall give notice to the department of social and health services, office of financial
recovery, who shall file any claim there may be within thirty
days of the notice.
(12) Every prearrangement funeral service contract
financed through a prearrangement funeral service trust shall
contain language which:
(a) Informs the purchaser of the prearrangement funeral
service trust and the amount to be deposited in the trust;
(b) Indicates if the contract is revocable or not in
accordance with subsection (11) of this section;
(c) Specifies that a full refund of all moneys paid on the
contract will be made if the contract is canceled within thirty
calendar days of its signing;
(d) Specifies that, in the case of cancellation by a
purchaser or beneficiary eligible to cancel under the contract
or under this chapter, up to ten percent of the contract
amount may be retained by the seller to cover the necessary
expenses of selling and setting up the contract;
(e) Identifies the trust to be used and contains information as to how the trustees may be contacted. [1996 c 217
§ 8; 1995 1st sp.s. c 18 § 62; 1989 c 390 § 3; 1982 c 66 §
3.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.255 Prearrangement contracts—Insurance
funded—Requirements. Prearranged funeral service
contracts funded through insurance shall contain language
which:
(1) States the amount of insurance;
(2) Informs the purchaser of the name and address of
the insurance company through which the insurance will be
provided, the policy number, and the name of the beneficiary;
(3) Informs the purchaser that amounts paid for insurance may not be refundable;
(4) Informs that any funds from the policy not used for
services may be subject to a claim for reimbursement for
long-term care services paid for by the state; and
(5) States that for purposes of the contract, the procedures in RCW 18.39.250(11)(b) shall control such recoupment. [1995 1st sp.s. c 18 § 63; 1989 c 390 § 4.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.39.260 Prearrangement contracts—Certificates
of registration required—Exception. A funeral establishment shall not enter into prearrangement funeral service
contracts in this state unless the funeral establishment has
obtained a certificate of registration issued by the board and
such certificate is then in force.
(2002 Ed.)
Embalmers—Funeral Directors
Certificates of registration shall be maintained by
funeral establishments and the funeral establishment shall
comply with all requirements related to the sale of prearrangement contracts until all obligations have been fulfilled.
The board may, for just cause, release a funeral establishment from specific registration or reporting requirements.
[1989 c 390 § 5; 1986 c 259 § 67; 1982 c 66 § 4.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.270 Prearrangement contracts—Registration
qualifications. To qualify for and hold a certificate of
registration, a funeral establishment must:
(1) Be licensed pursuant to this chapter; and
(2) Fully comply with and qualify according to the
provisions of this chapter. [1982 c 66 § 5.]
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.280 Prearrangement contracts—Application
for registration. To apply for an original certificate of
registration, a funeral establishment must:
(1) File with the board its request showing:
(a) Its name, location, and organization date;
(b) The kinds of funeral business it proposes to transact;
(c) A statement of its financial condition, management,
and affairs on a form satisfactory to or furnished by the
board;
(d) Documents establishing its trust, or its affiliation
with a master trust, and the names and addresses of the
trustees if a trust is to be used to finance prearrangement
funeral service contracts;
(e) Documents establishing its relationship with insurance carriers if insurance is to be used to finance;
(f) Documents establishing any other financing relationships; and
(g) Such other documents, stipulations, or information
as the board may reasonably require to evidence compliance
with the provisions of this chapter.
(2) Deposit with the director the fees required by this
chapter to be paid for filing the accompanying documents,
and for the certificate of registration, if granted. [1989 c 390
§ 6; 1986 c 259 § 68; 1982 c 66 § 7.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
Fees: RCW 18.39.290.
18.39.290
Prearrangement contracts—
Registration—Renewal—Fees—Disposition. All certificates of registration issued pursuant to this chapter shall
continue in force until the expiration date unless suspended
or revoked. A certificate shall be subject to renewal
annually ninety days after the end of its fiscal year, as stated
on the original application, by the funeral establishment and
payment of the required fees.
The director shall determine and collect fees related to
certificate of registration licensure.
All fees so collected shall be remitted by the director to
the state treasurer not later than the first business day
(2002 Ed.)
18.39.260
following receipt of such funds and the funds shall be
credited to the funeral directors and embalmers account.
[1993 c 43 § 1; 1986 c 259 § 69; 1982 c 66 § 8.]
Effective date of 1993 c 43—1993 sp.s. c 24: "Chapter 43, Laws of
1993 is necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and shall take effect July 1, 1993." [1993 sp.s. c 24 § 931.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.300 Prearrangement contracts—Grounds for
disciplinary action. (Effective until January 1, 2003.) In
addition to the grounds for action set forth in RCW
18.130.170 and 18.130.180, the board may take the disciplinary action set forth in RCW 18.130.160 against the funeral
establishment’s license, the license of any funeral director
and/or the funeral establishment’s certificate of registration,
if the licensee or registrant:
(1) Fails to comply with any provisions of this chapter,
chapter 18.130 RCW, or any proper order or regulation of
the board;
(2) Is found by the board to be in such condition that
further execution of prearrangement contracts could be
hazardous to purchasers or beneficiaries and the people of
this state;
(3) Refuses to be examined, or refuses to submit to
examination by the board when required;
(4) Fails to pay the expense of an examination; or
(5) Is found by the board after investigation or receipt
of reliable information to be managed by persons who are
incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued execution
or servicing of prearrangement funeral service contracts
hazardous to purchasers, beneficiaries, or to the public.
[1989 c 390 § 7; 1986 c 259 § 70; 1982 c 66 § 6.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.300 Grounds for disciplinary action. (Effective January 1, 2003.) In addition to the grounds for action
set forth in RCW 18.235.130, the board may take the
disciplinary action set forth in RCW 18.235.110 against the
funeral establishment’s license, the license of any funeral
director and/or the funeral establishment’s certificate of
registration, if the licensee or registrant:
(1) Fails to comply with any provisions of this chapter
or any proper order or regulation of the board;
(2) Is found by the board to be in such condition that
further execution of prearrangement contracts could be
hazardous to purchasers or beneficiaries and the people of
this state;
(3) Refuses to be examined, or refuses to submit to
examination by the board when required;
(4) Fails to pay the expense of an examination; or
(5) Is found by the board after investigation or receipt
of reliable information to be managed by persons who are
incompetent or untrustworthy or so lacking in managerial
experience as to make the proposed or continued execution
or servicing of prearrangement funeral service contracts
hazardous to purchasers, beneficiaries, or to the public.
[Title 18 RCW—page 117]
18.39.300
Title 18 RCW: Businesses and Professions
[2002 c 86 § 219; 1989 c 390 § 7; 1986 c 259 § 70; 1982 c
66 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.320 Prearrangement contracts—Annual
financial statement—Failure to file. (1) Each funeral
establishment which has prearrangement funeral service
contracts outstanding shall annually, as required by the
board, file with the board a true and accurate statement of its
financial condition and transactions and affairs involving
prearrangement funeral service contracts for its preceding
fiscal year. The statement shall be on such forms and shall
contain such information as required by this chapter and by
the board.
(2) The board shall take disciplinary action against the
certificate of registration of any funeral establishment which
fails to file its annual statement when due or after any
extension of time which the board has, for good cause,
granted. [1989 c 390 § 8; 1986 c 259 § 71; 1982 c 66 §
10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.330 Prearrangement contract forms—
Approval required—Grounds for disapproval. No prearrangement funeral contract forms shall be used without the
prior approval of the board.
The board shall disapprove any such contract form, or
withdraw prior approval, when such form:
(1) Violates or does not comply with this chapter;
(2) Contains or incorporates by reference any inconsistent, ambiguous or misleading clauses, or exceptions and
conditions which unreasonably or deceptively affect the
merchandise or service purported to be provided in the
general coverage of the contract;
(3) Has any title, heading, or other part of its provisions
which is misleading;
(4) Is being solicited by deceptive advertising;
(5) Fails to disclose fully the terms of the funeral
service being provided by the contract, including but not
limited to, any discounts, guarantees, provisions for merchandise or service substitutions or other significant items;
or
(6) Is not written in language which the board considers
to be easily understood by the purchaser. [1989 c 390 § 9;
1986 c 259 § 72; 1982 c 66 § 11.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.345 Prearrangement trust—Examination by
board. (1) The board shall examine a prearrangement
funeral service trust whenever it deems it necessary, but at
least once every three years, or whenever the licensee fails
[Title 18 RCW—page 118]
after reasonable notice from the board to file the reports
required by this chapter or the board.
(2) The expense of the prearrangement funeral service
trust examination shall be paid by the licensee and shall not
be deducted from the earnings of the trust. In the case of a
"master trust," the expense of the prearrangement funeral
service trust examination shall be shared jointly by all
funeral establishments participating in such trust.
(3) Such examination shall be conducted in private in
the principal office of the licensee and the records relating
to prearrangement funeral service contracts and prearrangement funeral service trusts shall be available at such office.
[1989 c 390 § 10.]
18.39.350 Violations—Penalty—Consumer protection—Retail installment contracts. (Effective until
January 1, 2003.) Any person who violates or fails to
comply with, or aids or abets any person in the violation of,
or failure to comply with any of the provisions of this
chapter is guilty of a class C felony pursuant to chapter
9A.20 RCW. Any such violation constitutes an unfair
practice under chapter 19.86 RCW and this chapter and
conviction thereunder is grounds for license revocation under
this chapter. Retail installment contracts under this chapter
shall be governed by chapter 63.14 RCW. [1989 c 390 §
11; 1982 c 66 § 13.]
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
Unlawful business practices—Penalty: RCW 18.39.220.
18.39.350 Violations—Penalty—Consumer protection—Retail installment contracts. (Effective January 1,
2003.) Any person who violates or fails to comply with, or
aids or abets any person in the violation of, or failure to
comply with any of the provisions of this chapter is guilty of
a class C felony pursuant to chapter 9A.20 RCW. Any such
violation constitutes an unfair practice under chapter 19.86
RCW and this chapter and conviction thereunder is grounds
for license revocation under this chapter and RCW
18.235.110. Retail installment contracts under this chapter
shall be governed by chapter 63.14 RCW. [2002 c 86 §
220; 1989 c 390 § 11; 1982 c 66 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
Unlawful business practices—Penalty: RCW 18.39.220.
18.39.360 Fraternal or benevolent organizations and
labor unions excepted. This chapter does not apply to any
funeral right or benefit issued or granted as an incident to or
by reason of membership in any fraternal or benevolent
association or cooperative or society, or labor union not
organized for profit. [1989 c 390 § 12; 1982 c 66 § 14.]
Effective dates—Transfer of records, files, and pending business—
Savings—1982 c 66: See notes following RCW 18.39.240.
18.39.370 Prearrangement service contracts—
Abandoned trusts. Any trust which has not matured or
been refunded and for which no beneficiary can be located
(2002 Ed.)
Embalmers—Funeral Directors
18.39.370
fifty years after its creation shall be considered abandoned
and will be handled in accordance with the escheat laws of
the state of Washington. [1989 c 390 § 13.]
endorsements, or permits issued under this chapter. [1994 c
17 § 2.]
18.39.400 Disciplinary authority of board—Rules.
(Effective until January 1, 2003.) In addition to the
authority specified in this chapter, the board has the following additional authority concerning disciplinary hearings:
(1) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held
under this chapter;
(2) To take or cause to be taken depositions and use
other discovery procedures as needed in any investigation,
hearing, or proceeding held under this chapter;
(3) To compel attendance of witnesses at hearings;
(4) To take emergency action ordering summary
suspension of a license, registration, endorsement, or permit,
or restriction or limitation of the licensee’s, registrant’s, or
endorsement or permit holder’s practice pending proceedings
by the board;
(5) To use the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings.
However, the board shall make the final decision regarding
disposition of the license, registration, endorsement, or
permit;
(6) To use individual members of the board to direct
investigations. However, a member of the board used to
direct an investigation may not subsequently participate in
the hearing of the case;
(7) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(8) To contract with licensees, registrants, or endorsement or permit holders, or other persons or organizations to
provide services necessary for the monitoring and supervision of licensees, registrants, or endorsement or permit
holders who are placed on probation, whose professional
activities are restricted, or who are for an authorized purpose
subject to monitoring by the board;
(9) To adopt rules for standards of professional conduct
or practice;
(10) To grant or deny license, registration, endorsement,
or permit applications, and in the event of a finding of
unprofessional conduct by an applicant or license, registration, endorsement, or permit holder, to impose a sanction
against a license, registration, endorsement, or permit
applicant or license, registration, endorsement, or permit
holder provided by this chapter;
(11) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance must consist of a statement of the law in
question and an agreement to not violate the stated provision.
The applicant or license, registration, endorsement, or permit
holder may not be required to admit to a violation of the
law, nor is the assurance such an admission. Violation of an
assurance under this section is grounds for disciplinary
action;
(12) To designate individuals authorized to sign subpoenas and statements of charges; and
(13) To revoke, suspend, or take other action provided
for by RCW 18.39.500 against licenses, registrations,
18.39.410 Unprofessional conduct. (Effective until
January 1, 2003.) The following shall constitute unprofessional conduct:
(1) Solicitation of dead human bodies by a licensee,
registrant, endorsement, or permit holder, or agent, assistant,
or employee of the licensee, registrant, endorsement, or
permit holder whether the solicitation occurs after death or
while death is impending. This chapter does not prohibit
general advertising or the sale of prearrangement funeral
service contracts;
(2) Solicitation may include employment of solicitors,
payment of commission, bonus, rebate, or any form of
gratuity or payment of a finders fee, referral fee, or other
consideration given for the purpose of obtaining or providing
the services for a dead human body or where death is
impending;
(3) Acceptance by a licensee, registrant, endorsement,
or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, crematory, mausoleum, columbarium, florist, or other person providing goods
and services to the disposition of dead human bodies;
(4) Using a casket or part of a casket that has previously
been used as a receptacle for, or in connection with, the
burial or other disposition of a dead human body without the
written consent of the person lawfully entitled to control the
disposition of remains of the deceased person in accordance
with RCW 68.50.160. This subsection does not prohibit the
use of rental caskets, such as caskets of which the outer shell
portion is rented and the inner insert that contains the dead
human body is purchased and used for the disposition, that
are disclosed as such in the statement of funeral goods and
services;
(5) Violation of a state law, municipal law, or county
ordinance or regulation affecting the handling, custody, care,
transportation, or disposition of dead human bodies;
(6) Refusing to promptly surrender the custody of a
dead human body upon the expressed order of the person
lawfully entitled to its custody under RCW 68.50.160;
(7) Selling, or offering for sale, a share, certificate, or
an interest in the business of a funeral establishment, or in
a corporation, firm, or association owning or operating a
funeral establishment that promises or purports to give to
purchasers a right to the services of a licensee, registrant,
endorsement, or permit holder at a charge or cost less than
offered or given to the public;
(8) The commission of an act involving moral turpitude,
dishonesty, or corruption relating to the practice of the
funeral profession whether or not the act constitutes a crime.
If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary
action. Upon such a conviction, however, the judgment and
sentence is conclusive evidence at the ensuing disciplinary
hearing of the guilt of the license, registration, endorsement,
or permit holder, or applicant of the crime described in the
indictment or information and of the person’s violation of
the statute on which it is based. For the purpose of this
section, conviction includes all instances in which a plea of
(2002 Ed.)
[Title 18 RCW—page 119]
18.39.410
Title 18 RCW: Businesses and Professions
guilty or nolo contendere is the basis for the conviction in all
proceedings in which the sentence has been deferred or
suspended. This section does not abrogate rights guaranteed
under chapter 9.96A RCW;
(9) Misrepresentation or concealment of a material fact
in obtaining a license, registration, endorsement, or permit or
in reinstatement thereof;
(10) All advertising that is false, fraudulent, or misleading;
(11) Suspension or revocation or restriction of the
individual’s license, registration, endorsement, or permit to
practice the profession by competent authority in any state,
federal, or foreign jurisdiction, a certified copy of the order,
stipulation, or agreement being conclusive evidence of the
revocation, suspension, or restriction;
(12) Violation of any state or federal statute or administrative ruling relating to funeral practice;
(13) Failure to cooperate with the board by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete
explanation covering the matters contained in a complaint
filed with the board; or
(c) Not responding to subpoenas issued by the board
whether or not the recipient of the subpoena is the accused
in the proceeding;
(14) Failure to comply with an order issued by the
board or an assurance of discontinuance entered into with the
board;
(15) Aiding or abetting an unlicensed or unregistered
person to practice where a license, registration, endorsement,
or permit is required;
(16) Misrepresentation or fraud in any aspect of the
conduct of funeral practice;
(17) Conviction of a gross misdemeanor or felony
relating to this title. For the purpose of this subsection,
conviction includes all instances in which a plea of guilty or
nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended.
This section does not abrogate rights guaranteed under
chapter 9.96A RCW;
(18) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
board or its authorized representative or the inspector, or by
the use of threats or harassment against a witness to prevent
that witness from providing evidence in a disciplinary
hearing or other legal action;
(19) Diminished capacity or habitual intemperance in
the use of alcohol, controlled substances, or prescribed drugs
that impairs, interferes, or otherwise prevents the proper
performance of licensed, registered, endorsed, or permitted
duties or functions;
(20) Knowingly concealing information concerning a
violation of this title;
(21) Incompetence or negligence as a licensee, registrant, endorsement, or permit holder in carrying out the
duties of the profession. [1994 c 17 § 3.]
18.39.410 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the board may take disciplinary action and may impose any of the sanctions specified in
[Title 18 RCW—page 120]
RCW 18.235.110 for the following conduct, acts, or conditions:
(1) Solicitation of dead human bodies by a licensee,
registrant, endorsement, or permit holder, or agent, assistant,
or employee of the licensee, registrant, endorsement, or
permit holder whether the solicitation occurs after death or
while death is impending. This chapter does not prohibit
general advertising or the sale of prearrangement funeral
service contracts;
(2) Solicitation may include employment of solicitors,
payment of commission, bonus, rebate, or any form of
gratuity or payment of a finders fee, referral fee, or other
consideration given for the purpose of obtaining or providing
the services for a dead human body or where death is
impending;
(3) Acceptance by a licensee, registrant, endorsement,
or permit holder or other employee of a funeral establishment of a commission, bonus, rebate, or gratuity in consideration of directing business to a cemetery, crematory, mausoleum, columbarium, florist, or other person providing goods
and services to the disposition of dead human bodies;
(4) Using a casket or part of a casket that has previously
been used as a receptacle for, or in connection with, the
burial or other disposition of a dead human body without the
written consent of the person lawfully entitled to control the
disposition of remains of the deceased person in accordance
with RCW 68.50.160. This subsection does not prohibit the
use of rental caskets, such as caskets of which the outer shell
portion is rented and the inner insert that contains the dead
human body is purchased and used for the disposition, that
are disclosed as such in the statement of funeral goods and
services;
(5) Violation of a state law, municipal law, or county
ordinance or regulation affecting the handling, custody, care,
transportation, or disposition of dead human bodies;
(6) Refusing to promptly surrender the custody of a
dead human body upon the expressed order of the person
lawfully entitled to its custody under RCW 68.50.160;
(7) Selling, or offering for sale, a share, certificate, or
an interest in the business of a funeral establishment, or in
a corporation, firm, or association owning or operating a
funeral establishment that promises or purports to give to
purchasers a right to the services of a licensee, registrant,
endorsement, or permit holder at a charge or cost less than
offered or given to the public;
(8) Violation of any state or federal statute or administrative ruling relating to funeral practice;
(9) Knowingly concealing information concerning a
violation of this title. [2002 c 86 § 221; 1994 c 17 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.39.420 Complaint to board—Submittal—
Determination—Investigation—Immunity of complainant.
A person, including but not limited to a consumer, licensee,
corporation, organization, and state and local governmental
agency, may submit a written complaint to the board
charging a license, registration, endorsement, or permit
holder or applicant with unprofessional conduct and specifying the grounds for the complaint. If the board determines
(2002 Ed.)
Embalmers—Funeral Directors
that the complaint merits investigation, or if the board has
reason to believe, without a formal complaint, that a license
holder or applicant might have engaged in unprofessional
conduct, the board shall investigate to determine whether
there has been unprofessional conduct. A person who files
a complaint under this section in good faith is immune from
suit in a civil action related to the filing or contents of the
complaint. [1994 c 17 § 4.]
18.39.430 Statement of charge of violation—
Notice—Hearing. (Effective until January 1, 2003.) (1)
If the board determines, upon investigation, that there is
reason to believe a violation of this chapter has occurred, a
statement of charge or charges should be prepared and
served upon the license, registration, endorsement, or permit
holder or applicant at the earliest practical time. The
statement of charge or charges must be accompanied by a
notice that the license, registration, endorsement, or permit
holder or applicant may request a hearing to contest the
charge or charges. The license, registration, endorsement, or
permit holder or applicant must file a request for hearing
with the board within twenty days after being served the
statement of charges. The failure to request a hearing
constitutes a default, upon which the board may enter a decision on the basis of the facts available to it.
(2) If a hearing is requested, the board shall fix the time
of the hearing as soon as convenient, but the hearing must
not be held earlier than thirty days after service of the
charges upon the license, registration, endorsement, or permit
holder or applicant. A notice of hearing must be issued at
least twenty days before the hearing, specifying the time,
date, and place of the hearing. The notice must also notify
the license, registration, endorsement, or permit holder or
applicant that a record of the proceeding will be kept, that
the holder or applicant will have the opportunity to appear
personally and to have counsel present, with the right to
produce witnesses who will be subject to cross-examination,
and evidence in the holder’s or applicant’s own behalf, to
cross-examine witnesses testifying against the holder or
applicant, to examine such documentary evidence as may be
produced against the holder or applicant, to conduct depositions, and to have subpoenas issued by the board. [1994 c
17 § 5.]
18.39.440 Hearings—Procedures—Administrative
Procedure Act. (Effective until January 1, 2003.) The
procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the Administrative
Procedure Act, govern all hearings before the board. The
board has, in addition to the powers and duties set forth in
this chapter, all of the powers and duties under chapter 34.05
RCW, that include, without limitation, all powers relating to
the administration of oaths, the receipt of evidence, the
issuance and enforcing of subpoenas, and the taking of
depositions. [1994 c 17 § 6.]
18.39.450 Findings of fact—Order—Notice—
Report. (1) In the event of a finding of unprofessional
conduct, the board shall prepare and serve findings of fact
and an order as provided in chapter 34.05 RCW and the
board shall notify the public, which notice must include
(2002 Ed.)
18.39.420
press releases to appropriate local news media and the major
news wire services. If the license, registration, endorsement,
or permit holder or applicant is found to have not committed
unprofessional conduct, the board shall immediately prepare
and serve findings of fact and an order of dismissal of the
charges. The board shall retain the findings of fact and
order as a permanent record.
(2) The board shall report the issuance of statements of
charges and final orders in cases processed by the board to:
(a) The person or agency who brought to the board’s
attention information that resulted in the initiation of the
case;
(b) Appropriate organizations, public or private, that
serve the professions; and
(c) Counterpart licensing boards in other states or
associations of state licensing boards.
(3) This section does not require the reporting of
information that is exempt from public disclosure under
chapter 42.17 RCW. [1994 c 17 § 7.]
18.39.460 Actions against license—Exceptions.
(Effective until January 1, 2003.) The department shall not
issue a license, registration, endorsement, or permit to a
person whose license, registration, endorsement, or permit
has been denied, revoked, or suspended by the board except
in conformity with the terms and conditions of the certificate
or order of denial, revocation, or suspension; or in conformity with an order of reinstatement issued by the board; or in
accordance with the final judgment in a proceeding for
review instituted under this chapter. [1994 c 17 § 8.]
18.39.465 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
9.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.39.467 License suspension—Noncompliance with
support order—Reissuance. In the case of suspension for
failure to comply with a support order under chapter 74.20A
RCW or a *residential or visitation order under chapter
26.09 RCW, if the person has continued to meet all other
requirements for reinstatement during the suspension,
reissuance of a license shall be automatic upon the director’s
receipt of a release issued by the department of social and
[Title 18 RCW—page 121]
18.39.467
Title 18 RCW: Businesses and Professions
health services stating that the individual is in compliance
with the order. [1997 c 58 § 820.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.39.470 Order—When effective—Stay. (Effective
until January 1, 2003.) An order under proceedings
authorized under this chapter, after due notice and findings
in accordance with this chapter and chapter 34.05 RCW, or
an order of summary suspension entered under this chapter,
takes effect immediately upon its being served. The order,
if appealed to the court, may not be stayed pending the
appeal unless the board or court to which the appeal is taken
enters an order staying the order of the board, which stay
must provide for terms necessary to protect the public.
[1994 c 17 § 9.]
18.39.480 Appeal. (Effective until January 1, 2003.)
An individual who has been disciplined or whose license,
registration, endorsement, or permit has been denied by the
board may appeal the decision as provided in chapter 34.05
RCW. [1994 c 17 § 10.]
18.39.490 Reinstatement—Hearings—Examination.
(Effective until January 1, 2003.) A person whose license,
registration, endorsement, or permit has been suspended or
revoked under this chapter may petition the board for
reinstatement after an interval as determined by the board in
the order. The board shall hold hearings on the petition and
may deny the petition or may order reinstatement, impose
terms and conditions as provided in RCW 18.39.500, and
issue an order of reinstatement. The board may require successful completion of an examination as a condition of
reinstatement. [1994 c 17 § 11.]
18.39.500 Finding of unprofessional conduct—
Order—Sanctions—Stay—Costs. (Effective until January
1, 2003.) Upon a finding that a license holder or applicant
has committed unprofessional conduct, the board may issue
an order providing for one or any combination of the
following:
(1) Revocation of the license, registration, endorsement,
or permit;
(2) Suspension of the license, registration, endorsement,
or permit for a fixed or indefinite term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) The monitoring of the practice by a superior
approved by the board;
(6) Censure or reprimand;
[Title 18 RCW—page 122]
(7) Compliance with conditions of probation for a
designated period of time;
(8) Payment of a fine for each violation of this chapter,
not to exceed one thousand dollars per violation, that is to be
paid to the board’s fund;
(9) Denial of the license, registration, endorsement, or
permit request; and
(10) Corrective action.
An action under this section may be totally or partly
stayed by the board. In determining what action is appropriate, the board must first consider what sanctions are necessary to protect or compensate the public. Only after the
provisions have been made may the board consider and
include in the order requirements designed to rehabilitate the
license, registration, endorsement, or permit holder or
applicant. Costs associated with compliance with orders
issued under this section are the obligation of the license,
registration, endorsement, or permit holder or applicant.
The licensee, registrant, endorsement or permit holder,
or applicant may enter into a stipulated disposition of
charges that includes one or more of the sanctions of this
section, but only after a statement of charges has been issued
and the licensee, registrant, endorsement or permit holder, or
applicant has been afforded the opportunity for a hearing and
has elected on the record to forego such a hearing. The
stipulation shall either contain one or more specific findings
of unprofessional conduct or inability to practice, or a
statement by the licensee, registrant, endorsement or permit
holder, or applicant acknowledging that evidence is sufficient
to justify one or more specified findings of unprofessional
conduct or inability to practice. The stipulation entered into
pursuant to this subsection shall be considered formal
disciplinary action for all purposes. [1994 c 17 § 12.]
18.39.510 Informal disposal—Statement of allegations—Summary of evidence—Stipulation—Sanctions—
Disclosure—Enforcement. (Effective until January 1,
2003.) (1) Prior to serving a statement of charges, the board
may furnish a statement of allegations to the licensee,
registrant, endorsement or permit holder, or applicant along
with a detailed summary of the evidence relied upon to
establish the allegations and a proposed stipulation for
informal resolution of the allegations. These documents
shall be exempt from public disclosure until such time as the
allegations are resolved either by stipulation or otherwise.
(2) The board and the licensee, registrant, endorsement
or permit holder, or applicant may stipulate that the allegations may be disposed of informally in accordance with this
subsection. The stipulation shall contain a statement of the
facts leading to the filing of the complaint; the act or acts of
unprofessional conduct alleged to have been committed or
the alleged basis for determining that the licensee, registrant,
endorsement or permit holder, or applicant is unable to
practice with reasonable skill and safety; a statement that the
stipulation is not to be construed as a finding of either
unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or
inability to practice, if proven, constitutes grounds for
discipline under this chapter; an agreement on the part of the
licensee, registrant, endorsement or permit holder, or
applicant that the sanctions set forth in this chapter, except
(2002 Ed.)
Embalmers—Funeral Directors
for revocation, suspension, censure, or reprimand of a
licensee, registrant, endorsement or permit holder, or
applicant may be imposed as part of the stipulation, except
that no fine may be imposed but the licensee, registrant,
endorsement or permit holder, or applicant may agree to
reimburse the board the costs of investigation and processing
the complaint up to an amount not exceeding one thousand
dollars per allegation; and an agreement on the part of the
board to forego further disciplinary proceedings concerning
the allegations. A stipulation entered into pursuant to this
subsection shall not be considered formal disciplinary action.
(3) If the licensee, registrant, endorsement or permit
holder, or applicant declines to agree to disposition of the
charges by means of a stipulation pursuant to subsection (2)
of this section, the board may proceed to formal disciplinary
action pursuant to this chapter.
(4) Upon execution of a stipulation under subsection (2)
of this section by both the licensee, registrant, endorsement
or permit holder, or applicant and the board, the complaint
is deemed disposed of and shall become subject to public
disclosure on the same basis and to the same extent as other
records of the board. Should the licensee, registrant,
endorsement or permit holder, or applicant fail to pay any
agreed reimbursement within thirty days of the date specified
in the stipulation for payment, the board may seek collection
of the amount agreed to be paid in the same manner as
enforcement of a fine under this chapter. [2000 c 171 § 11;
1994 c 17 § 13.]
18.39.520 Enforcement of fine. (Effective until
January 1, 2003.) If an order for payment of a fine is made
as a result of an order entered under this chapter and timely
payment is not made as directed in the final order, the board
may enforce the order for payment in the superior court in
the county in which the hearing was held. This right of
enforcement is in addition to other rights the board may have
as to a licensee, registrant, endorsement, or permit holder
ordered to pay a fine but does not limit a licensee’s,
registrant’s, or endorsement or permit holder’s ability to seek
judicial review under this chapter. In an action for enforcement of an order of payment of a fine, the board’s order is
conclusive proof of the validity of the order of payment of
a fine and the terms of payment. [1994 c 17 § 14.]
18.39.530 Practice without license—Investigation of
complaint—Temporary cease and desist order—
Injunction—Penalties. (Effective until January 1, 2003.)
(1) The director shall investigate a complaint concerning
practice by an unlicensed person for which a license,
registration, endorsement, or permit is required under this
chapter. The director shall issue a cease and desist order to
a person after notice and hearing and upon a determination
that the person has violated this subsection. If the director
makes a written finding of fact that the public interest will
be irreparably harmed by delay in issuing an order, the
director may issue a temporary cease and desist order. The
cease and desist order does not relieve the person practicing
or operating a business without a license, registration,
permit, or registration from criminal prosecution for the
unauthorized practice or operation, but the remedy of a cease
and desist order is in addition to criminal liability. The
(2002 Ed.)
18.39.510
cease and desist order is conclusive proof of unlicensed
practice and may be enforced by civil contempt. This
method of enforcement of the cease and desist order may be
used in addition to, or as an alternative to, provisions for
enforcement or agency orders under chapter 34.05 RCW.
(2) The attorney general, a county prosecuting attorney,
the director, the board, or a person may, in accordance with
the laws of this state governing injunctions, maintain an
action in the name of this state to enjoin a person practicing
a profession or business for which a license, registration,
endorsement, or permit is required under this chapter without
a license, registration, endorsement, or permit from engaging
in the practice or operation of the business until the required
license, registration, endorsement, or permit is secured.
However, the injunction does not relieve the person so
practicing or operating a business without a license, registration, endorsement, or permit from criminal prosecution for
the unauthorized practice or operation, but the remedy by
injunction is in addition to criminal liability.
(3) Unlicensed practice of a profession or operation of
a business for which a license, registration, endorsement, or
permit is required under this chapter, unless otherwise
exempted by law, is a gross misdemeanor. Fees, fines,
forfeitures, and penalties collected or assessed by a court
because of a violation of this section must be remitted to the
board. [1994 c 17 § 15.]
18.39.530 Practice without license—Penalties.
(Effective January 1, 2003.) Unlicensed practice of a
profession or operation of a business for which a license,
registration, endorsement, or permit is required under this
chapter, unless otherwise exempted by law, is a gross
misdemeanor. Fees, fines, forfeitures, and penalties collected
or assessed by a court because of a violation of this section
must be remitted to the board. [2002 c 86 § 222; 1994 c 17
§ 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.39.540 Violation of injunction—Penalties.
(Effective until January 1, 2003.) A person or business that
violates an injunction issued under this chapter shall pay a
civil penalty, as determined by the court, of not more than
twenty-five thousand dollars that must be placed in the board
account. For the purpose of this section, the superior court
issuing an injunction shall retain jurisdiction and the cause
must be continued, and the attorney general acting in the
name of the state may petition for the recovery of civil
penalties. [1994 c 17 § 16.]
18.39.550 Crime by license, registration, endorsement, or permit holder—Notice by board. (Effective until
January 1, 2003.) If the board determines or has cause to
believe that a license, registration, endorsement, or permit
holder has committed a crime, the board, immediately
subsequent to issuing findings of fact and a final order, shall
notify the attorney general or the county prosecuting attorney
in the county in which the act took place of the facts known
to the board. [1994 c 17 § 17.]
[Title 18 RCW—page 123]
18.39.560
Title 18 RCW: Businesses and Professions
18.39.560 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 223.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.39.800 Funeral directors and embalmers account. The funeral directors and embalmers account is
created in the state treasury. All fees received by the
department for licenses, registrations, renewals, examinations, and audits shall be forwarded to the state treasurer
who shall credit the money to the account. All fines and
civil penalties ordered by the superior court or fines ordered
pursuant to RCW 18.130.160(8) against holders of licenses
or registrations issued under the provisions of this chapter
shall be paid to the account. All expenses incurred in
carrying out the licensing and registration activities of the
department and the state funeral directors and embalmers
board under this chapter shall be paid from the account as
authorized by legislative appropriation. Any residue in the
account shall be accumulated and shall not revert to the
general fund at the end of the biennium. All earnings of
investments of balances in the account shall be credited to
the general fund. Any fund balance remaining in the health
professions account attributable to the funeral director and
embalmer professions as of July 1, 1993, shall be transferred
to the funeral directors and embalmers account. [1996 c 217
§ 9; 1993 c 43 § 2.]
Effective date of 1993 c 43—1993 sp.s. c 24: See note following
RCW 18.39.290.
18.39.900 Severability—1937 c 108. If any section,
subdivision, sentence or clause of this act shall be held
invalid or unconstitutional, such holding shall not affect the
validity of the remaining portions of this act. [1937 c 108
§ 18.]
18.39.901 Severability—1982 c 66. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 66 § 23.]
Chapter 18.43
ENGINEERS AND LAND SURVEYORS
Sections
18.43.010
18.43.020
18.43.030
18.43.033
18.43.035
18.43.040
18.43.050
18.43.060
18.43.070
18.43.075
General provisions.
Definitions.
Board of registration—Members—Terms—Qualifications—
Compensation and travel expenses.
Pro tem board members—Limits—Duties.
Bylaws—Employees—Rules—Investigations—Oaths, subpoenas—Periodic reports and roster.
Registration requirements.
Application—Registration fees.
Examinations.
Certificates and seals.
Retired status certificate.
[Title 18 RCW—page 124]
18.43.080
18.43.100
18.43.105
Expiration and renewals of certificates—Fees.
Registration of out-of-state applicants.
"Misconduct or malpractice in the practice of engineering"
defined.
18.43.110 Revocations, fines, reprimands, and suspensions.
18.43.120 Violations and penalties.
18.43.130 Excepted services—Fees.
18.43.140 Injunctive relief, proof—Board’s immunity from liability—
Prosecutions.
18.43.150 Disposition of fees.
18.43.160 Certificate of registration or license suspension—
Nonpayment or default on educational loan or scholarship.
18.43.170 Registration suspension—Noncompliance with support order—Reissuance.
18.43.180 Uniform regulation of business and professions act.
18.43.900 Short title.
18.43.910 Severability—1947 c 283.
18.43.920 Severability—1959 c 297.
18.43.930 Severability—1961 c 142.
Actions or claims for engineering and surveying services, limitations upon:
RCW 4.16.300 through 4.16.320.
Noncompliance with surveys and monuments recording law—Grounds for
revocation: RCW 58.09.140.
Public contracts for engineering services: Chapter 39.80 RCW.
Surveys and monuments recording law: Chapter 58.09 RCW.
18.43.010 General provisions. In order to safeguard
life, health, and property, and to promote the public welfare,
any person in either public or private capacity practicing or
offering to practice engineering or land surveying, shall
hereafter be required to submit evidence that he is qualified
so to practice and shall be registered as hereinafter provided;
and it shall be unlawful for any person to practice or to offer
to practice in this state, engineering or land surveying, as
defined in the provisions of this chapter, or to use in
connection with his name or otherwise assume, use, or
advertise any title or description tending to convey the
impression that he is a professional engineer or a land
surveyor, unless such a person has been duly registered
under the provisions of this chapter. [1947 c 283 § 1; Rem.
Supp. 1947 § 8306-21. Prior: 1935 c 167 § 2; RRS § 83062.]
False advertising: Chapter 9.04 RCW.
18.43.020 Definitions. (1) Engineer: The term
"engineer" as used in this chapter shall mean a professional
engineer as hereinafter defined.
(2) Professional engineer: The term "professional
engineer" within the meaning and intent of this chapter, shall
mean a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design,
acquired by professional education and practical experience,
is qualified to practice engineering as hereinafter defined, as
attested by his or her legal registration as a professional
engineer.
(3) Engineer-in-training: The term "engineer-in-training" as used in this chapter means a candidate who has: (a)
Satisfied the experience requirements in RCW 18.43.040 for
registration; (b) successfully passed the examination in the
fundamental engineering subjects; and (c) is enrolled by the
board as an engineer-in-training.
(2002 Ed.)
Engineers and Land Surveyors
(4) Engineering: The term "engineering" as used in this
chapter shall mean the "practice of engineering" as hereinafter defined.
(5) Practice of engineering: The term "practice of
engineering" within the meaning and intent of this chapter
shall mean any professional service or creative work requiring engineering education, training, and experience and the
application of special knowledge of the mathematical,
physical, and engineering sciences to such professional
services or creative work as consultation, investigation,
evaluation, planning, design and supervision of construction
for the purpose of assuring compliance with specifications
and design, in connection with any public or private utilities,
structures, buildings, machines, equipment, processes, works,
or projects.
A person shall be construed to practice or offer to
practice engineering, within the meaning and intent of this
chapter, who practices any branch of the profession of
engineering; or who, by verbal claim, sign, advertisement,
letterhead, card, or in any other way represents himself or
herself to be a professional engineer, or through the use of
some other title implies that he or she is a professional
engineer; or who holds himself or herself out as able to
perform, or who does perform, any engineering service or
work or any other professional service designated by the
practitioner or recognized by educational authorities as
engineering.
The practice of engineering shall not include the work
ordinarily performed by persons who operate or maintain
machinery or equipment.
(6) Land surveyor: The term "land surveyor" as used in
this chapter shall mean a professional land surveyor.
(7) Professional land surveyor: The term "professional
land surveyor" as used in this chapter means a person who,
by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land
surveying, which is acquired by professional education and
practical experience, is qualified to practice land surveying
and as attested to by his or her legal registration as a
professional land surveyor.
(8) Land-surveyor-in-training: The term "land-surveyorin-training" as used in this chapter means a candidate who:
(a) Has satisfied the experience requirements in RCW
18.43.040 for registration; (b) successfully passes the
examination in the fundamental land surveying subjects; and
(c) is enrolled by the board as a land-surveyor-in-training.
(9) Practice of land surveying: The term "practice of
land surveying" within the meaning and intent of this
chapter, shall mean assuming responsible charge of the
surveying of land for the establishment of corners, lines,
boundaries, and monuments, the laying out and subdivision
of land, the defining and locating of corners, lines, boundaries and monuments of land after they have been established, the survey of land areas for the purpose of determining the topography thereof, the making of topographical
delineations and the preparing of maps and accurate records
thereof, when the proper performance of such services requires technical knowledge and skill.
(10) Board: The term "board" as used in this chapter
shall mean the state board of registration for professional
engineers and land surveyors, provided for by this chapter.
(2002 Ed.)
18.43.020
[1995 c 356 § 1; 1991 c 19 § 1; 1947 c 283 § 2; Rem. Supp.
1947 § 8306-22. Prior: 1935 c 167 § 1; RRS § 8306-1.]
Effective date—1995 c 356: "This act shall take effect July 1, 1996."
[1995 c 356 § 6.]
18.43.030 Board of registration—Members—
Terms—Qualifications—Compensation and travel
expenses. A state board of registration for professional
engineers and land surveyors is hereby created which shall
exercise all of the powers and perform all of the duties conferred upon it by this chapter. After July 9, 1986, the board
shall consist of seven members, who shall be appointed by
the governor and shall have the qualifications as hereinafter
required. The terms of board members in office on June 11,
1986, shall not be affected. The first additional member
shall be appointed for a four-year term and the second
additional member shall be appointed for a three-year term.
On the expiration of the term of any member, the governor
shall appoint a successor for a term of five years to take the
place of the member whose term on said board is about to
expire. However, no member shall serve more than two
consecutive terms on the board. Each member shall hold
office until the expiration of the term for which such
member is appointed or until a successor shall have been
duly appointed and shall have qualified.
Five members of the board shall be registered professional engineers licensed under the provisions of this chapter.
Two members shall be registered professional land surveyors
licensed under this chapter. Each of the members of the
board shall have been actively engaged in the practice of
engineering or land surveying for at least ten years subsequent to registration, five of which shall have been immediately prior to their appointment to the board.
Each member of the board shall be a citizen of the
United States and shall have been a resident of this state for
at least five years immediately preceding his appointment.
Each member of the board shall be compensated in
accordance with RCW 43.03.240 and, in addition thereto,
shall be reimbursed for travel expenses incurred in carrying
out the provisions of this chapter in accordance with RCW
43.03.050 and 43.03.060.
The governor may remove any member of the board for
misconduct, incompetency, or neglect of duty. Vacancies in
the membership of the board shall be filled for the unexpired
term by appointment by the governor as hereinabove
provided. [1986 c 102 § 1; 1984 c 287 § 35; 1975-’76 2nd
ex.s. c 34 § 37; 1947 c 283 § 3; Rem. Supp. 1947 § 830623.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.43.033 Pro tem board members—Limits—
Duties. Upon request of the board, and with approval of the
director, the board chair shall appoint up to two individuals
to serve as pro tem members of the board. The appointments are limited, as defined by the board chair, for the
purpose of participating as a temporary member of the board
on any combination of one or more committees or formal
disciplinary hearing panels. An appointed individual must
meet the same qualifications as a regular member of the
[Title 18 RCW—page 125]
18.43.033
Title 18 RCW: Businesses and Professions
board. While serving as a board member pro tem, an appointed person has all the powers, duties, and immunities of
a regular member of the board and is entitled to the same
compensation, including travel expenses, in accordance with
RCW 18.43.030. A pro tem appointment may not last for
more than one hundred eighty days unless approved by the
director. [1997 c 247 § 1.]
18.43.035 Bylaws—Employees—Rules—
Investigations—Oaths, subpoenas—Periodic reports and
roster. (Effective until January 1, 2003.) The board may
adopt and amend bylaws establishing its organization and
method of operation, including but not limited to meetings,
maintenance of books and records, publication of reports,
code of ethics, and rosters, and adoption and use of a seal.
Four members of the board shall constitute a quorum for the
conduct of any business of the board. The board may
employ such persons as are necessary to carry out its duties
under this chapter. It may adopt rules reasonably necessary
to administer the provisions of this chapter. It may conduct
investigations concerning alleged violations of this chapter
or the rules adopted by the board. In making such investigations and in all proceedings under RCW 18.43.110, the
chairman of the board or any member of the board acting in
his place may administer oaths or affirmations to witnesses
appearing before the board, subpoena witnesses and compel
their attendance, and require the production of books,
records, papers and documents. If any person shall refuse to
obey any subpoena so issued, or shall refuse to testify or
produce any books, records, papers or documents so required
to be produced, the board may present its petition to the
superior court of the county in which such person resides,
setting forth the facts, and thereupon the court shall, in any
proper case, enter a suitable order compelling compliance
with this chapter and imposing such other terms and conditions as the court may deem equitable. The board shall
submit to the governor such periodic reports as may be
required. A roster, showing the names and places of
business of all registered professional engineers and land
surveyors may be published for distribution, upon request, to
professional engineers and land surveyors registered under
this chapter and to the public. [1997 c 247 § 2; 1986 c 102
§ 2; 1977 c 75 § 10; 1961 c 142 § 1; 1959 c 297 § 1.]
18.43.035 Bylaws—Employees—Rules—Periodic
reports and roster. (Effective January 1, 2003.) The
board may adopt and amend bylaws establishing its organization and method of operation, including but not limited to
meetings, maintenance of books and records, publication of
reports, code of ethics, and rosters, and adoption and use of
a seal. Four members of the board shall constitute a quorum
for the conduct of any business of the board. The board
may employ such persons as are necessary to carry out its
duties under this chapter. It may adopt rules reasonably necessary to administer the provisions of this chapter. The
board shall submit to the governor such periodic reports as
may be required. A roster, showing the names and places of
business of all registered professional engineers and land
surveyors may be published for distribution, upon request, to
professional engineers and land surveyors registered under
this chapter and to the public. [2002 c 86 § 224; 1997 c 247
[Title 18 RCW—page 126]
§ 2; 1986 c 102 § 2; 1977 c 75 § 10; 1961 c 142 § 1; 1959
c 297 § 1.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.040 Registration requirements. The following
will be considered as minimum evidence satisfactory to the
board that the applicant is qualified for registration as a
professional engineer, engineer-in-training, professional land
surveyor, or land-surveyor-in-training, respectively:
As a professional engineer: A specific record of eight
years or more of experience in engineering work of a
character satisfactory to the board and indicating that the
applicant is competent to practice engineering; and successfully passing a written or oral examination, or both, in
engineering as prescribed by the board.
Graduation in an approved engineering curriculum of
four years or more from a school or college approved by the
board as of satisfactory standing shall be considered equivalent to four years of such required experience. The satisfactory completion of each year of such an approved engineering course without graduation shall be considered as equivalent to a year of such required experience. Graduation in a
curriculum other than engineering from a school or college
approved by the board shall be considered as equivalent to
two years of such required experience: PROVIDED, That
no applicant shall receive credit for more than four years of
experience because of undergraduate educational qualifications. The board may, at its discretion, give credit as
experience not in excess of one year, for satisfactory
postgraduate study in engineering.
Structural engineering is recognized as a specialized
branch of professional engineering. To receive a certificate
of registration in structural engineering, an applicant must
hold a current registration in this state in engineering and
have at least two years of structural engineering experience,
of a character satisfactory to the board, in addition to the
eight years’ experience required for registration as a professional engineer. An applicant for registration as a structural
engineer must also pass an additional examination as
prescribed by the board. Applicants for a certificate of
registration in structural engineering who have had their
application approved by the board prior to July 1, 2001, are
not required to have an additional two years of structural
engineering experience if the applicant passes the additional
structural examination before January 30, 2002.
As an engineer-in-training: An applicant for registration
as a professional engineer shall take the prescribed examination in two stages. The first stage of the examination may
be taken upon submission of his or her application for
registration as an engineer-in-training and payment of the
application fee prescribed in RCW 18.43.050 at any time
after the applicant has completed four years of the required
engineering experience, as defined in this section, or has
achieved senior standing in a school or college approved by
the board. The first stage of the examination shall test the
applicant’s knowledge of appropriate fundamentals of
engineering subjects, including mathematics and the basic
sciences.
(2002 Ed.)
Engineers and Land Surveyors
At any time after the completion of the required eight
years of engineering experience, as defined in this section,
the applicant may take the second stage of the examination
upon submission of an application for registration and
payment of the application fee prescribed in RCW 18.43.050.
This stage of the examination shall test the applicant’s
ability, upon the basis of his or her greater experience, to
apply his or her knowledge and experience in the field of his
or her specific training and qualifications.
As a professional land surveyor: A specific record of
eight years or more of experience in land surveying work of
a character satisfactory to the board and indicating that the
applicant is competent to practice land surveying, and
successfully passing a written or oral examination, or both,
in surveying as prescribed by the board.
Graduation from a school or college approved by the
board as of satisfactory standing, including the completion of
an approved course in surveying, shall be considered
equivalent to four years of the required experience. Postgraduate college courses approved by the board shall be
considered for up to one additional year of the required
experience.
As a land-surveyor-in-training: An applicant for
registration as a professional land surveyor shall take the
prescribed examination in two stages. The first stage of the
examination may be taken upon submission of his or her
application for registration as a land-surveyor-in-training and
payment of the application fee prescribed in RCW 18.43.050
at any time after the applicant has completed four years of
the required land surveying experience, as defined in this
section, or has achieved senior standing in a school or
college approved by the board. The first stage of the
examination shall test the applicant’s knowledge of appropriate fundamentals of land surveying subjects, including
mathematics and the basic sciences.
At any time after the completion of the required eight
years of land surveying experience, as defined in this
section, the applicant may take the second stage of the
examination upon submission of an application for registration and payment of the application fee prescribed in RCW
18.43.050. This stage of the examination shall test the
applicant’s ability, upon the basis of greater experience, to
apply knowledge and experience in the field of land surveying.
The first stage shall be successfully completed before
the second stage may be attempted. Applicants who have
been approved by the board to take the examination based
on the requirement for six years of experience under this
section before July 1, 1996, are eligible to sit for the
examination.
No person shall be eligible for registration as a professional engineer, engineer-in-training, professional land
surveyor, or land-surveyor-in-training, who is not of good
character and reputation.
Teaching, of a character satisfactory to the board shall
be considered as experience not in excess of two years for
the appropriate profession.
The mere execution, as a contractor, of work designed
by a professional engineer, or the supervision of the construction of such work as a foreman or superintendent shall
not be deemed to be practice of engineering.
(2002 Ed.)
18.43.040
Any person having the necessary qualifications prescribed in this chapter to entitle him or her to registration
shall be eligible for such registration although the person
may not be practicing his or her profession at the time of
making his or her application. [2000 c 172 § 1; 1995 c 356
§ 2; 1991 c 19 § 2; 1947 c 283 § 7; Rem. Supp. 1947 §
8306-24. Prior: 1935 c 167 § 2; RRS § 8306-2.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.050 Application—Registration fees. Application for registration shall be on forms prescribed by the
board and furnished by the director, shall contain statements
made under oath, showing the applicant’s education and
detail summary of his or her technical work and shall
contain not less than five references, of whom three or more
shall be engineers having personal knowledge of the
applicant’s engineering experience.
The registration fee for professional engineers shall be
determined by the director as provided in RCW 43.24.086,
which shall accompany the application and shall include the
cost of examination and issuance of certificate. The fee for
engineer-in-training shall be determined by the director as
provided in RCW 43.24.086, which shall accompany the
application and shall include the cost of examination and
issuance of certificate.
The registration fee for professional land surveyors shall
be determined by the director as provided in RCW
43.24.086, which shall accompany the application and shall
include the cost of examination and issuance of certificate.
The fee for land-surveyor-in-training shall be determined by
the director as provided in RCW 43.24.086, which shall
accompany the application and shall include the cost of
examination and issuance of certificate.
Should the board find an applicant ineligible for
registration, the registration fee shall be retained as an
application fee. [1995 c 356 § 3; 1991 c 19 § 3; 1985 c 7
§ 42; 1975 1st ex.s. c 30 § 46; 1947 c 283 § 8; Rem. Supp.
1947 § 8306-25. Prior: 1935 c 167 § 6; RRS § 8306-6.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.060 Examinations. When oral or written
examinations are required, they shall be held at such time
and place as the board shall determine. If examinations are
required on fundamental engineering subjects (such as
ordinarily given in college curricula) the applicant shall be
permitted to take this part of the professional examination
prior to his or her completion of the requisite years of
experience in engineering work. The board shall issue to
each applicant upon successfully passing the examination in
fundamental engineering subjects a certificate stating that the
applicant has passed the examination in fundamental engineering subjects and that his or her name has been recorded
as an engineer-in-training.
The scope of the examination and the methods of
procedure shall be prescribed by the board with special
reference to the applicant’s ability to design and supervise
engineering works so as to insure the safety of life, health
and property. Examinations shall be given for the purpose
of determining the qualifications of applicants for registration
separately in engineering and in land surveying. A candidate
failing an examination may apply for reexamination.
[Title 18 RCW—page 127]
18.43.060
Title 18 RCW: Businesses and Professions
Subsequent examinations will be granted upon payment of
a fee to be determined by the director as provided in RCW
43.24.086. [1991 c 19 § 4; 1961 c 142 § 2; 1947 c 283 § 9;
Rem. Supp. 1947 § 8306-26. Prior: 1935 c 167 § 7; RRS
§ 8306-7.]
18.43.070 Certificates and seals. The director of
licensing shall issue a certificate of registration upon
payment of a registration fee as provided for in this chapter,
to any applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In case
of a registered engineer, the certificate shall authorize the
practice of "professional engineering" and specify the branch
or branches in which specialized, and in case of a registered
land surveyor, the certificate shall authorize the practice of
"land surveying".
In case of engineer-in-training, the certificate shall state
that the applicant has successfully passed the examination in
fundamental engineering subjects required by the board and
has been enrolled as an "engineer-in-training". In case of
land-surveyor-in-training, the certificate shall state that the
applicant has successfully passed the examination in fundamental surveying subjects required by the board and has
been enrolled as a "land-surveyor-in-training." All certificates of registration shall show the full name of the registrant, shall have a serial number, and shall be signed by the
chairman and the secretary of the board and by the director
of licensing.
The issuance of a certificate of registration by the
director of licensing shall be prima facie evidence that the
person named therein is entitled to all the rights and privileges of a registered professional engineer or a registered land
surveyor, while the said certificate remains unrevoked and
unexpired.
Each registrant hereunder shall upon registration obtain
a seal of the design authorized by the board, bearing the
registrant’s name and the legend "registered professional
engineer" or "registered land surveyor". Plans, specifications, plats and reports prepared by the registrant shall be
signed, dated, and stamped with said seal or facsimile
thereof. Such signature and stamping shall constitute a
certification by the registrant that the same was prepared by
or under his or her direct supervision and that to his or her
knowledge and belief the same was prepared in accordance
with the requirements of the statute. It shall be unlawful for
anyone to stamp or seal any document with said seal or
facsimile thereof after the certificate of registrant named
thereon has expired or been revoked, unless said certificate
shall have been renewed or reissued. [1995 c 356 § 4; 1991
c 19 § 5; 1959 c 297 § 4; 1947 c 283 § 10; Rem. Supp.
1947 § 8306-27. Prior: 1935 c 167 §§ 8, 13; RRS §
8306-8, 13.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.075 Retired status certificate. The board may
adopt rules under this section authorizing a retired status
certificate. An individual certificated under this chapter who
has reached the age of sixty-five years and has retired from
the active practice of engineering and land surveying may,
upon application and at the discretion of the board, be
[Title 18 RCW—page 128]
exempted from payment of annual renewal fees thereafter.
[1995 c 356 § 5.]
Effective date—1995 c 356: See note following RCW 18.43.020.
18.43.080 Expiration and renewals of certificates—
Fees. Certificates of registration, and certificates of authorization and renewals thereof shall expire on the last day of
the month of December following their issuance or renewal
and shall become invalid on that date unless renewed. It
shall be the duty of the administrator of the division of
professional licensing to notify every person, firm or
corporation registered under this chapter, of the date of the
expiration of his certificate and the amount of the renewal
fee that shall be required for its renewal for one year. Such
notice shall be mailed at least thirty days before the end of
December of each year. Renewal may be effected during
the month of December by the payment of a fee determined
by the director as provided in RCW 43.24.086. In case any
professional engineer and/or land surveyor registered under
this chapter shall fail to pay the renewal fee hereinabove
provided for, within ninety days from the date when the
same shall become due, the renewal fee shall be the current
fee plus an amount equal to one year’s fee. [1985 c 7 § 43;
1981 c 260 § 4. Prior: 1975 1st ex.s. c 30 § 47; 1975 c 23
§ 1; 1965 ex.s. c 126 § 1; 1961 c 142 § 3; 1959 c 297 § 5;
1947 c 283 § 11; Rem. Supp. 1947 § 8306-28; prior: 1935
c 167 § 10; RRS § 8306-10.]
18.43.100 Registration of out-of-state applicants.
The board may, upon application and the payment of a fee
determined by the director as provided in RCW 43.24.086,
issue a certificate without further examination as a professional engineer or land surveyor to any person who holds a
certificate of qualification of registration issued to the applicant following examination by proper authority, of any state
or territory or possession of the United States, the District of
Columbia, or of any foreign country, provided: (1) That the
applicant’s qualifications meet the requirements of the
chapter and the rules established by the board, and (2) that
the applicant is in good standing with the licensing agency
in said state, territory, possession, district, or foreign country.
[1991 c 19 § 7; 1985 c 7 § 44; 1975 1st ex.s. c 30 § 48;
1959 c 297 § 6; 1947 c 283 § 13; Rem. Supp. 1947 §
8306-30. Prior: 1935 c 167 § 5; RRS § 8306-5.]
18.43.105 "Misconduct or malpractice in the
practice of engineering" defined. (Effective until January
1, 2003.) As used in this chapter "misconduct or malpractice in the practice of engineering" shall include but not
be limited to the following:
(1) Offering to pay, paying or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being wilfully untruthful or deceptive in any
professional report, statement or testimony;
(3) Attempting to injure falsely or maliciously, directly
or indirectly, the professional reputation, prospects or
business of anyone;
(4) Failure to state separately or to charge separately for
professional engineering services or land surveying where
(2002 Ed.)
Engineers and Land Surveyors
other services or work are also being performed in connection with the engineering services;
(5) Conviction in any court of any offense involving
moral turpitude;
(6) Violation of any provisions of this chapter;
(7) Conflict of interest—Having a financial interest in
bidding for or performance of a contract to supply labor or
materials for or to construct a project for which employed or
retained as an engineer except with the consent of the client
or employer after disclosure of such facts; or allowing an
interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon
to perform;
(8) Nondisclosure—Failure to promptly disclose to a
client or employer any interest in a business which may
compete with or affect the business of the client or employer;
(9) Unfair competition—Reducing a fee quoted for
prospective employment or retainer as an engineer after
being informed of the fee quoted by another engineer for the
same employment or retainer;
(10) Improper advertising—Soliciting retainer or
employment by advertisement which is undignified, selflaudatory, false or misleading, or which makes or invites
comparison between the advertiser and other engineers;
(11) Committing any other act, or failing to act, which
act or failure are customarily regarded as being contrary to
the accepted professional conduct or standard generally
expected of those practicing professional engineering or land
surveying. [1961 c 142 § 4; 1959 c 297 § 2.]
18.43.105 Disciplinary action—Prohibited conduct,
acts, conditions. (Effective January 1, 2003.) In addition
to the unprofessional conduct described in RCW 18.235.130,
the board may take disciplinary action for the following
conduct, acts, or conditions:
(1) Offering to pay, paying or accepting, either directly
or indirectly, any substantial gift, bribe, or other consideration to influence the award of professional work;
(2) Being willfully untruthful or deceptive in any
professional report, statement or testimony;
(3) Attempting to injure falsely or maliciously, directly
or indirectly, the professional reputation, prospects or
business of anyone;
(4) Failure to state separately or to charge separately for
professional engineering services or land surveying where
other services or work are also being performed in connection with the engineering services;
(5) Violation of any provisions of this chapter;
(6) Conflict of interest—Having a financial interest in
bidding for or performance of a contract to supply labor or
materials for or to construct a project for which employed or
retained as an engineer except with the consent of the client
or employer after disclosure of such facts; or allowing an
interest in any business to affect a decision regarding engineering work for which retained, employed, or called upon
to perform;
(7) Nondisclosure—Failure to promptly disclose to a
client or employer any interest in a business which may
compete with or affect the business of the client or employer;
(2002 Ed.)
18.43.105
(8) Unfair competition—Reducing a fee quoted for
prospective employment or retainer as an engineer after
being informed of the fee quoted by another engineer for the
same employment or retainer;
(9) Improper advertising—Soliciting retainer or employment by advertisement which is undignified, self-laudatory,
false or misleading, or which makes or invites comparison
between the advertiser and other engineers;
(10) Committing any other act, or failing to act, which
act or failure are customarily regarded as being contrary to
the accepted professional conduct or standard generally
expected of those practicing professional engineering or land
surveying. [2002 c 86 § 225; 1961 c 142 § 4; 1959 c 297
§ 2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.110 Revocations, fines, reprimands, and
suspensions. (Effective until January 1, 2003.) The board
shall have the exclusive power to fine and reprimand the
registrant and suspend or revoke the certificate of registration
of any registrant who is found guilty of:
The practice of any fraud or deceit in obtaining a
certificate of registration; or
Any gross negligence, incompetency, or misconduct in
the practice of engineering or land surveying as a registered
engineer or land surveyor.
Any person may prefer a complaint alleging fraud,
deceit, gross negligence, incompetency, or misconduct
against any registrant and the complaint shall be in writing
and shall be sworn to in writing by the person making the
allegation. A registrant against whom a complaint was made
must be immediately informed of such complaint by the
board.
All procedures related to hearings on such charges shall
be in accordance with provisions relating to adjudicative
proceedings in chapter 34.05 RCW, the Administrative
Procedure Act.
If, after such hearing, a majority of the board vote in
favor of finding the violations had occurred, the board shall
revoke or suspend the certificate of registration of such
registered professional engineer or land surveyor.
The board, for reasons it deems sufficient, may reissue
a certificate of registration to any person whose certificate
has been revoked or suspended, providing a majority of the
board vote in favor of such issuance. A new certificate of
registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of
the board, and a charge determined by the director as
provided in RCW 43.24.086 shall be made for such issuance.
Any person who shall feel aggrieved by any action of
the board in denying or revoking his certificate of registration may appeal therefrom to the superior court of the county
in which such person resides, and after full hearing, said
court shall make such decree sustaining or revoking the
action of the board as it may deem just and proper.
Fines imposed by the board shall not exceed one
thousand dollars for each offense.
In addition to the imposition of civil penalties under this
section, the board may refer violations of this chapter to the
[Title 18 RCW—page 129]
18.43.110
Title 18 RCW: Businesses and Professions
appropriate prosecuting attorney for charges under RCW
18.43.120. [1997 c 247 § 3; 1989 c 175 § 62; 1986 c 102
§ 3; 1985 c 7 § 45; 1982 c 37 § 1; 1975 1st ex.s. c 30 § 49;
1947 c 283 § 14; Rem. Supp. 1947 § 8306-31. Prior: 1935
c 167 § 11; RRS § 8306-11.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.43.110 Discipline of registrant—Board’s power—
Unprofessional conduct—Reissuance of certificate of
registration. (Effective January 1, 2003.) The board shall
have the exclusive power to discipline the registrant and
sanction the certificate of registration of any registrant.
Any person may file a complaint alleging unprofessional
conduct, as set out in RCW 18.235.130 and 18.43.105,
against any registrant. The complaint shall be in writing and
shall be sworn to in writing by the person making the
allegation. A registrant against whom a complaint was made
must be immediately informed of such complaint by the
board.
The board, for reasons it deems sufficient, may reissue
a certificate of registration to any person whose certificate
has been revoked or suspended, providing a majority of the
board vote in favor of such issuance. A new certificate of
registration to replace any certificate revoked, lost, destroyed, or mutilated may be issued, subject to the rules of
the board, and a charge determined by the director as
provided in RCW 43.24.086 shall be made for such issuance.
In addition to the imposition of disciplinary action under
RCW 18.235.110, the board may refer violations of this
chapter to the appropriate prosecuting attorney for charges
under RCW 18.43.120. [2002 c 86 § 226; 1997 c 247 § 3;
1989 c 175 § 62; 1986 c 102 § 3; 1985 c 7 § 45; 1982 c 37
§ 1; 1975 1st ex.s. c 30 § 49; 1947 c 283 § 14; Rem. Supp.
1947 § 8306-31. Prior: 1935 c 167 § 11; RRS § 8306-11.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
18.43.120 Violations and penalties. Any person who
shall practice, or offer to practice, engineering or land
surveying in this state without being registered in accordance
with the provisions of the chapter, or any person presenting
or attempting to use as his own the certificate of registration
or the seal of another, or any person who shall give any
false or forged evidence of any kind to the board or to any
member thereof in obtaining a certificate of registration, or
any person who shall falsely impersonate any other registrant, or any person who shall attempt to use the expired or
revoked certificate of registration, or any person who shall
violate any of the provisions of this chapter shall be guilty
of a gross misdemeanor.
It shall be the duty of all officers of the state or any
political subdivision thereof, to enforce the provisions of this
chapter. The attorney general shall act as legal adviser of
the board, and render such legal assistance as may be
necessary in carrying out the provisions of this chapter.
[1986 c 102 § 4; 1947 c 283 § 15; Rem. Supp. 1947 § 830632. Prior: 1935 c 167 § 14; RRS § 8306-14.]
Forgery: RCW 9A.60.020.
[Title 18 RCW—page 130]
18.43.130 Excepted services—Fees. (Effective until
January 1, 2003.) This chapter shall not be construed to
prevent or affect:
(1) The practice of any other legally recognized profession or trade; or
(2) The practice of a person not a resident and having
no established place of business in this state, practicing or
offering to practice herein the profession of engineering or
land surveying, when such practice does not exceed in the
aggregate more than thirty days in any calendar year:
PROVIDED, Such person has been determined by the board
to be legally qualified by registration to practice the said
profession in his or her own state or country in which the requirements and qualifications for obtaining a certificate of
registration are not lower than those specified in this chapter.
The person shall request such a determination by completing
an application prescribed by the board and accompanied by
a fee determined by the director. Upon approval of the
application, the board shall issue a permit authorizing
temporary practice; or
(3) The practice of a person not a resident and having
no established place of business in this state, or who has
recently become a resident thereof, practicing or offering to
practice herein for more than thirty days in any calendar year
the profession of engineering or land surveying, if he or she
shall have filed with the board an application for a certificate
of registration and shall have paid the fee required by this
chapter: PROVIDED, That such person is legally qualified
by registration to practice engineering or land surveying in
his or her own state or country in which the requirements
and qualifications of obtaining a certificate of registration are
not lower than those specified in this chapter. Such practice
shall continue only for such time as the board requires for
the consideration of the application for registration; or
(4) The work of an employee or a subordinate of a
person holding a certificate of registration under this chapter,
or an employee of a person practicing lawfully under
provisions of this section: PROVIDED, That such work
does not include final design or decisions and is done under
the direct responsibility, checking, and supervision of a
person holding a certificate of registration under this chapter
or a person practicing lawfully under the provisions of this
section; or
(5) The work of a person rendering engineering or land
surveying services to a corporation, as an employee of such
corporation, when such services are rendered in carrying on
the general business of the corporation and such general
business does not consist, either wholly or in part, of the
rendering of engineering services to the general public:
PROVIDED, That such corporation employs at least one
person holding a certificate of registration under this chapter
or practicing lawfully under the provisions of this chapter; or
(6) The practice of officers or employees of the government of the United States while engaged within the state in
the practice of the profession of engineering or land surveying for the government of the United States; or
(7) Nonresident engineers employed for the purpose of
making engineering examinations; or
(8) The practice of engineering or land surveying, or
both, in this state by a corporation or joint stock association:
PROVIDED, That
(2002 Ed.)
Engineers and Land Surveyors
(a) The corporation has filed with the board an application for certificate of authorization upon a form to be
prescribed by the board and containing information required
to enable the board to determine whether such corporation is
qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;
(b) For engineering, the corporation has filed with the
board a certified copy of a resolution of the board of
directors of the corporation that shall designate a person
holding a certificate of registration under this chapter as
responsible for the practice of engineering by the corporation
in this state and shall provide that full authority to make all
final engineering decisions on behalf of the corporation with
respect to work performed by the corporation in this state
shall be granted and delegated by the board of directors to
the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy
of a resolution of the board of directors of the corporation
which shall designate a person holding a certificate of
registration under this chapter as responsible for the practice
of land surveying by the corporation in this state and shall
provide full authority to make all final land surveying
decisions on behalf of the corporation with respect to work
performed by the corporation in this state be granted and
delegated by the board of directors to the person so designated in the resolution. If a corporation offers both engineering
and land surveying services, the board of directors shall
designate both a licensed engineer and a licensed land
surveyor. If a person is licensed in both engineering and
land surveying, the person may be designated for both
professions. The resolution shall further state that the
bylaws of the corporation shall be amended to include the
following provision: "The designated engineer or land
surveyor, respectively, named in the resolution as being in
responsible charge, or an engineer or land surveyor under the
designated engineer or land surveyor’s direct supervision,
shall make all engineering or land surveying decisions
pertaining to engineering or land surveying activities in the
state of Washington." However, the filing of the resolution
shall not relieve the corporation of any responsibility or
liability imposed upon it by law or by contract;
(c) If there is a change in the designated engineer or
designated land surveyor, the corporation shall notify the
board in writing within thirty days after the effective date of
the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of
authority or amended certificate of incorporation as filed
with the secretary of state within thirty days of the filing;
(d) Upon the filing with the board the application for
certificate for authorization, certified copy of resolution and
an affidavit, the designation of a designated engineer or
designated land surveyor, or both, specified in (b) of this
subsection, a certificate of incorporation or certificate of
authorization as filed with the secretary of state, and a copy
of the corporation’s current Washington business license, the
board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in
this state upon a determination by the board that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state in
accordance with this chapter and the certificate is in force;
(2002 Ed.)
18.43.130
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
corporation or a limited liability company; and
(iii) The corporation is licensed with the secretary of
state and holds a current unified business identification
number and the board determines, based on evaluating the
findings and information in this section, that the applicant
corporation possesses the ability and competence to furnish
engineering or land surveying services, or both, in the public
interest.
The board may exercise its discretion to refuse to issue
or it may suspend or revoke a certificate of authorization
issued to a corporation if the board finds that any of the
officers, directors, incorporators, or the stockholders holding
a majority of stock of such corporation has committed
misconduct or malpractice as defined in RCW 18.43.105 or
has been found personally responsible for misconduct or
malpractice under (f) and (g) of this subsection.
(e) Engineers or land surveyors organized as a professional service corporation under chapter 18.100 RCW are
exempt from applying for a certificate of authorization under
this chapter.
(f) Any corporation authorized to practice engineering
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
as an individual registered engineer, and must conduct its
business without misconduct or malpractice in the practice
of engineering as defined in this chapter.
(g) Any corporation that is certified under this chapter
is subject to the authority of the board as provided in RCW
18.43.035, 18.43.105, 18.43.110, and 18.43.120.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direct supervision of and shall be signed by and
shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (8) there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
43.24.086.
(9) The practice of engineering and/or land surveying in
this state by a partnership if the partnership employs at least
one person holding a valid certificate of registration under
this chapter to practice engineering or land surveying, or
both. The board shall not issue certificates of authorization
to partnerships after July 1, 1998. Partnerships currently
registered with the board are not required to pay an annual
renewal fee after July 1, 1998.
(10) The practice of engineering or land surveying, or
both, in this state by limited liability companies: Provided,
That
(a) The limited liability company has filed with the
board an application for certificate of authorization upon a
form to be prescribed by the board and containing information required to enable the board to determine whether the
limited liability company is qualified under this chapter to
practice either or both engineering or land surveying in this
state.
(b) The limited liability company has filed with the
board a certified copy of a resolution by the company
[Title 18 RCW—page 131]
18.43.130
Title 18 RCW: Businesses and Professions
manager or managers that shall designate a person holding
a certificate of registration under this chapter as being
responsible for the practice of engineering or land surveying,
or both, by the limited liability company in this state and
that the designated person has full authority to make all final
engineering or land surveying decisions on behalf of the
limited liability company with respect to work performed by
the limited liability company in this state. The resolution
shall further state that the limited liability company agreement shall be amended to include the following provision:
"The designated engineer or land surveyor, respectively,
named in the resolution as being in responsible charge, or an
engineer or land surveyor under the designated engineer or
land surveyor’s direct supervision, shall make all engineering
or land surveying decisions pertaining to engineering or land
surveying activities in the state of Washington." However,
the filing of the resolution shall not relieve the limited
liability company of responsibility or liability imposed upon
it by law or by contract.
(c) The designated engineer for the limited liability
company must hold a current professional engineer license
issued by this state.
The designated land surveyor for the limited liability
company must hold a current professional land surveyor
license issued by this state.
If a person is licensed as both a professional engineer
and as a professional land surveyor in this state, then the
limited liability company may designate the person as being
in responsible charge for both professions.
If there is a change in the designated engineer or
designated land surveyor, the limited liability company shall
notify the board in writing within thirty days after the
effective date of the change. If the limited liability company
changes its name, the company shall submit to the board a
copy of the certificate of amendment filed with the secretary
of state’s office.
(d) Upon the filing with the board the application for
certificate of authorization, a certified copy of the resolution,
an affidavit from the designated engineer or the designated
land surveyor, or both, specified in (b) and (c) of this
subsection, a copy of the certificate of formation as filed
with the secretary of state, and a copy of the company’s
current business license, the board shall issue to the limited
liability company a certificate of authorization to practice
engineering or land surveying, or both, in this state upon
determination by the board that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state under
this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
limited liability company or a corporation;
(iii) The limited liability company is licensed with the
secretary of state and has a current unified business identification number and that the board determines, based on
evaluating the findings and information under this subsection, that the applicant limited liability company possesses
the ability and competence to furnish either or both engineering or land surveying services in the public interest.
The board may exercise its discretion to refuse to issue,
or it may suspend or revoke a certificate of authorization
issued to a limited liability company if the board finds that
[Title 18 RCW—page 132]
any of the managers or members holding a majority interest
in the limited liability company has committed misconduct
or malpractice as defined in RCW 18.43.105 or has been
found personally responsible for misconduct or malpractice
under the provisions of (f) and (g) of this subsection.
(e) Engineers or land surveyors organized as a professional limited liability company are exempt from applying
for a certificate of authorization under this chapter.
(f) Any limited liability company authorized to practice
engineering or land surveying, or both, under this chapter,
together with its manager or managers and members for their
own individual acts, are responsible to the same degree as an
individual registered engineer or registered land surveyor,
and must conduct their business without misconduct or
malpractice in the practice of engineering or land surveying,
or both.
(g) A limited liability company that is certified under
this chapter is subject to the authority of the board as
provided in RCW 18.43.035, 18.43.105, 18.43.110, and
18.43.120.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a limited
liability company under its certificate of authorization shall
be prepared by or under the direct supervision of and shall
be signed by and shall be stamped with the official seal of
a person holding a certificate of registration under this
chapter.
(i) For each certificate of authorization issued under this
subsection (10) there shall be paid an initial fee determined
by the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
43.24.086. [1997 c 247 § 4; 1991 c 19 § 6; 1985 c 7 § 46;
1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126 § 2; 1961 c 142
§ 5; 1959 c 297 § 7; 1947 c 283 § 16; Rem. Supp. 1947 §
8306-33. Prior: 1935 c 167 § 2; RRS § 8306-2.]
Effective date—1997 c 247 § 4: "Section 4 of this act takes effect
July 1, 1998." [1997 c 247 § 5.]
18.43.130 Excepted services—Fees. (Effective
January 1, 2003.) This chapter shall not be construed to
prevent or affect:
(1) The practice of any other legally recognized profession or trade; or
(2) The practice of a person not a resident and having
no established place of business in this state, practicing or
offering to practice herein the profession of engineering or
land surveying, when such practice does not exceed in the
aggregate more than thirty days in any calendar year:
PROVIDED, Such person has been determined by the board
to be legally qualified by registration to practice the said
profession in his or her own state or country in which the requirements and qualifications for obtaining a certificate of
registration are not lower than those specified in this chapter.
The person shall request such a determination by completing
an application prescribed by the board and accompanied by
a fee determined by the director. Upon approval of the
application, the board shall issue a permit authorizing
temporary practice; or
(3) The practice of a person not a resident and having
no established place of business in this state, or who has
recently become a resident thereof, practicing or offering to
practice herein for more than thirty days in any calendar year
(2002 Ed.)
Engineers and Land Surveyors
the profession of engineering or land surveying, if he or she
shall have filed with the board an application for a certificate
of registration and shall have paid the fee required by this
chapter: PROVIDED, That such person is legally qualified
by registration to practice engineering or land surveying in
his or her own state or country in which the requirements
and qualifications of obtaining a certificate of registration are
not lower than those specified in this chapter. Such practice
shall continue only for such time as the board requires for
the consideration of the application for registration; or
(4) The work of an employee or a subordinate of a
person holding a certificate of registration under this chapter,
or an employee of a person practicing lawfully under
provisions of this section: PROVIDED, That such work
does not include final design or decisions and is done under
the direct responsibility, checking, and supervision of a
person holding a certificate of registration under this chapter
or a person practicing lawfully under the provisions of this
section; or
(5) The work of a person rendering engineering or land
surveying services to a corporation, as an employee of such
corporation, when such services are rendered in carrying on
the general business of the corporation and such general
business does not consist, either wholly or in part, of the
rendering of engineering services to the general public:
PROVIDED, That such corporation employs at least one
person holding a certificate of registration under this chapter
or practicing lawfully under the provisions of this chapter; or
(6) The practice of officers or employees of the government of the United States while engaged within the state in
the practice of the profession of engineering or land surveying for the government of the United States; or
(7) Nonresident engineers employed for the purpose of
making engineering examinations; or
(8) The practice of engineering or land surveying, or
both, in this state by a corporation or joint stock association:
PROVIDED, That
(a) The corporation has filed with the board an application for certificate of authorization upon a form to be
prescribed by the board and containing information required
to enable the board to determine whether such corporation is
qualified in accordance with this chapter to practice engineering or land surveying, or both, in this state;
(b) For engineering, the corporation has filed with the
board a certified copy of a resolution of the board of
directors of the corporation that shall designate a person
holding a certificate of registration under this chapter as
responsible for the practice of engineering by the corporation
in this state and shall provide that full authority to make all
final engineering decisions on behalf of the corporation with
respect to work performed by the corporation in this state
shall be granted and delegated by the board of directors to
the person so designated in the resolution. For land surveying, the corporation has filed with the board a certified copy
of a resolution of the board of directors of the corporation
which shall designate a person holding a certificate of
registration under this chapter as responsible for the practice
of land surveying by the corporation in this state and shall
provide full authority to make all final land surveying
decisions on behalf of the corporation with respect to work
performed by the corporation in this state be granted and
delegated by the board of directors to the person so designat(2002 Ed.)
18.43.130
ed in the resolution. If a corporation offers both engineering
and land surveying services, the board of directors shall
designate both a licensed engineer and a licensed land
surveyor. If a person is licensed in both engineering and
land surveying, the person may be designated for both
professions. The resolution shall further state that the
bylaws of the corporation shall be amended to include the
following provision: "The designated engineer or land
surveyor, respectively, named in the resolution as being in
responsible charge, or an engineer or land surveyor under the
designated engineer or land surveyor’s direct supervision,
shall make all engineering or land surveying decisions
pertaining to engineering or land surveying activities in the
state of Washington." However, the filing of the resolution
shall not relieve the corporation of any responsibility or
liability imposed upon it by law or by contract;
(c) If there is a change in the designated engineer or
designated land surveyor, the corporation shall notify the
board in writing within thirty days after the effective date of
the change. If the corporation changes its name, the corporation shall submit a copy of its amended certificate of
authority or amended certificate of incorporation as filed
with the secretary of state within thirty days of the filing;
(d) Upon the filing with the board the application for
certificate for authorization, certified copy of resolution and
an affidavit, the designation of a designated engineer or
designated land surveyor, or both, specified in (b) of this
subsection, a certificate of incorporation or certificate of
authorization as filed with the secretary of state, and a copy
of the corporation’s current Washington business license, the
board shall issue to the corporation a certificate of authorization to practice engineering or land surveying, or both, in
this state upon a determination by the board that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state in
accordance with this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
corporation or a limited liability company; and
(iii) The corporation is licensed with the secretary of
state and holds a current unified business identification
number and the board determines, based on evaluating the
findings and information in this section, that the applicant
corporation possesses the ability and competence to furnish
engineering or land surveying services, or both, in the public
interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate
of authorization issued to a corporation if the board finds
that any of the officers, directors, incorporators, or the
stockholders holding a majority of stock of such corporation
has engaged in unprofessional conduct as defined in RCW
18.43.105 or 18.235.130 or has been found personally
responsible for unprofessional conduct under (f) and (g) of
this subsection.
(e) Engineers or land surveyors organized as a professional service corporation under chapter 18.100 RCW are
exempt from applying for a certificate of authorization under
this chapter.
(f) Any corporation authorized to practice engineering
under this chapter, together with its directors and officers for
their own individual acts, are responsible to the same degree
[Title 18 RCW—page 133]
18.43.130
Title 18 RCW: Businesses and Professions
as an individual registered engineer, and must conduct its
business without unprofessional conduct in the practice of
engineering as defined in this chapter and RCW 18.235.130.
(g) Any corporation that is certified under this chapter
is subject to the authority of the board as provided in RCW
18.43.035, 18.43.105, 18.43.110, 18.43.120, and chapter
18.235 RCW.
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a corporation
under its certificate of authorization shall be prepared by or
under the direct supervision of and shall be signed by and
shall be stamped with the official seal of a person holding a
certificate of registration under this chapter.
(i) For each certificate of authorization issued under this
subsection (8) there shall be paid an initial fee determined by
the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
43.24.086.
(9) The practice of engineering and/or land surveying in
this state by a partnership if the partnership employs at least
one person holding a valid certificate of registration under
this chapter to practice engineering or land surveying, or
both. The board shall not issue certificates of authorization
to partnerships after July 1, 1998. Partnerships currently
registered with the board are not required to pay an annual
renewal fee after July 1, 1998.
(10) The practice of engineering or land surveying, or
both, in this state by limited liability companies: Provided,
That
(a) The limited liability company has filed with the
board an application for certificate of authorization upon a
form to be prescribed by the board and containing information required to enable the board to determine whether the
limited liability company is qualified under this chapter to
practice either or both engineering or land surveying in this
state.
(b) The limited liability company has filed with the
board a certified copy of a resolution by the company
manager or managers that shall designate a person holding
a certificate of registration under this chapter as being
responsible for the practice of engineering or land surveying,
or both, by the limited liability company in this state and
that the designated person has full authority to make all final
engineering or land surveying decisions on behalf of the
limited liability company with respect to work performed by
the limited liability company in this state. The resolution
shall further state that the limited liability company agreement shall be amended to include the following provision:
"The designated engineer or land surveyor, respectively,
named in the resolution as being in responsible charge, or an
engineer or land surveyor under the designated engineer or
land surveyor’s direct supervision, shall make all engineering
or land surveying decisions pertaining to engineering or land
surveying activities in the state of Washington." However,
the filing of the resolution shall not relieve the limited
liability company of responsibility or liability imposed upon
it by law or by contract.
(c) The designated engineer for the limited liability
company must hold a current professional engineer license
issued by this state.
[Title 18 RCW—page 134]
The designated land surveyor for the limited liability
company must hold a current professional land surveyor
license issued by this state.
If a person is licensed as both a professional engineer
and as a professional land surveyor in this state, then the
limited liability company may designate the person as being
in responsible charge for both professions.
If there is a change in the designated engineer or
designated land surveyor, the limited liability company shall
notify the board in writing within thirty days after the
effective date of the change. If the limited liability company
changes its name, the company shall submit to the board a
copy of the certificate of amendment filed with the secretary
of state’s office.
(d) Upon the filing with the board the application for
certificate of authorization, a certified copy of the resolution,
an affidavit from the designated engineer or the designated
land surveyor, or both, specified in (b) and (c) of this
subsection, a copy of the certificate of formation as filed
with the secretary of state, and a copy of the company’s
current business license, the board shall issue to the limited
liability company a certificate of authorization to practice
engineering or land surveying, or both, in this state upon
determination by the board that:
(i) The designated engineer or designated land surveyor,
or both, hold a certificate of registration in this state under
this chapter and the certificate is in force;
(ii) The designated engineer or designated land surveyor,
or both, are not designated in responsible charge for another
limited liability company or a corporation;
(iii) The limited liability company is licensed with the
secretary of state and has a current unified business identification number and that the board determines, based on
evaluating the findings and information under this subsection, that the applicant limited liability company possesses
the ability and competence to furnish either or both engineering or land surveying services in the public interest.
The board may exercise its discretion to take any of the
actions under RCW 18.235.110 with respect to a certificate
of authorization issued to a limited liability company if the
board finds that any of the managers or members holding a
majority interest in the limited liability company has engaged
in unprofessional conduct as defined in RCW 18.43.105 or
18.235.130 or has been found personally responsible for
unprofessional conduct under the provisions of (f) and (g) of
this subsection.
(e) Engineers or land surveyors organized as a professional limited liability company are exempt from applying
for a certificate of authorization under this chapter.
(f) Any limited liability company authorized to practice
engineering or land surveying, or both, under this chapter,
together with its manager or managers and members for their
own individual acts, are responsible to the same degree as an
individual registered engineer or registered land surveyor,
and must conduct their business without unprofessional
conduct in the practice of engineering or land surveying, or
both.
(g) A limited liability company that is certified under
this chapter is subject to the authority of the board as
provided in RCW 18.43.035, 18.43.105, 18.43.110,
18.43.120, and chapter 18.235 RCW.
(2002 Ed.)
Engineers and Land Surveyors
(h) All plans, specifications, designs, and reports when
issued in connection with work performed by a limited
liability company under its certificate of authorization shall
be prepared by or under the direct supervision of and shall
be signed by and shall be stamped with the official seal of
a person holding a certificate of registration under this
chapter.
(i) For each certificate of authorization issued under this
subsection (10) there shall be paid an initial fee determined
by the director as provided in RCW 43.24.086 and an annual
renewal fee determined by the director as provided in RCW
43.24.086. [2002 c 86 § 227; 1997 c 247 § 4; 1991 c 19 §
6; 1985 c 7 § 46; 1975 1st ex.s. c 30 § 50; 1965 ex.s. c 126
§ 2; 1961 c 142 § 5; 1959 c 297 § 7; 1947 c 283 § 16; Rem.
Supp. 1947 § 8306-33. Prior: 1935 c 167 § 2; RRS §
8306-2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1997 c 247 § 4: "Section 4 of this act takes effect
July 1, 1998." [1997 c 247 § 5.]
18.43.140 Injunctive relief, proof—Board’s immunity from liability—Prosecutions. (Effective until January
1, 2003.) The board is authorized to apply for relief by
injunction without bond, to restrain a person from the
commission of any act which is prohibited by this chapter.
In such proceedings, it shall not be necessary to allege or
prove either that an adequate remedy at law does not exist,
or that substantial or irreparable damage would result from
the continued violation thereof. The members of the board
shall not be personally liable for their action in any such
proceeding or in any other proceeding instituted by the board
under the provisions of this chapter. The board in any
proper case shall cause prosecution to be instituted in any
county or counties where any violation of this chapter
occurs, and shall aid in the prosecution of the violator.
[1959 c 297 § 3.]
18.43.150 Disposition of fees. All fees collected
under the provisions of RCW 18.43.050, 18.43.060,
18.43.080, 18.43.100, and 18.43.130 and fines collected
under RCW 18.43.110 shall be paid into the professional
engineers’ account, which account is hereby established in
the state treasury to be used to carry out the purposes and
provisions of RCW 18.43.050, 18.43.060, 18.43.080,
18.43.100, 18.43.110, 18.43.120, 18.43.130, *18.43.140 and
all other duties required for operation and enforcement of
this chapter. [1991 c 277 § 2; 1985 c 57 § 5; 1965 ex.s. c
126 § 3.]
*Reviser’s note: RCW 18.43.140 was repealed by 2002 c 86 § 401,
effective January 1, 2003.
Effective date—1991 c 277: See note following RCW 18.85.220.
Effective date—1985 c 57: See note following RCW 18.04.105.
18.43.160 Certificate of registration or license
suspension—Nonpayment or default on educational loan
or scholarship. The board shall suspend the certificate of
registration or license of any person who has been certified
by a lending agency and reported to the board for nonpayment or default on a federally or state-guaranteed educational
(2002 Ed.)
18.43.130
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for
a brief adjudicative proceeding under RCW 34.05.485
through 34.05.494 and issue a finding of nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. The person’s certificate of
registration or license shall not be reissued until the person
provides the board a written release issued by the lending
agency stating that the person is making payments on the
loan in accordance with a repayment agreement approved by
the lending agency. If the person has continued to meet all
other requirements for registration or licensure during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the board
may impose. [1996 c 293 § 10.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.43.170 Registration suspension—Noncompliance
with support order—Reissuance. The board shall immediately suspend the registration of a person who has been certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for membership during the suspension, reissuance
of the certificate of registration shall be automatic upon the
board’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 821.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.43.180 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 228.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.43.900 Short title. This chapter shall be known
and may be cited as the "Professional Engineers’ Registration Act". [1947 c 283 § 19.]
18.43.910 Severability—1947 c 283. If any section
of this chapter shall be declared unconstitutional or invalid,
such adjudication shall not invalidate any other provision or
provisions thereof. [1947 c 283 § 17.]
[Title 18 RCW—page 135]
18.43.920
Title 18 RCW: Businesses and Professions
18.43.920 Severability—1959 c 297. If any section of this act or part thereof shall be declared unconstitutional or invalid, such adjudication shall not invalidate any
other provision or provisions thereof. [1959 c 297 § 8.]
18.44.430
18.44.440
18.44.450
18.43.930 Severability—1961 c 142. If any section
of this act or part thereof shall be adjudged unconstitutional
or invalid, such adjudication shall not invalidate any other
provision or provisions thereof. [1961 c 142 § 6.]
18.44.465
18.44.460
18.44.470
18.44.480
18.44.490
Actions against license—Grounds.
Violations—Cease and desist orders.
Referral fees prohibited—Consumer protection act—
Application.
License suspension—Nonpayment or default on educational
loan or scholarship.
Termination of license—Effect upon preexisting escrows—
Notice to principals.
Receivership.
Remedies—Affecting corporate franchise.
Authority to prosecute—Grants of injunctive relief, temporary restraining orders.
ESCROW COMMISSION
Chapter 18.44
ESCROW AGENT REGISTRATION ACT
18.44.500
18.44.510
Escrow commission—Members—Terms—Compensation and
travel expenses.
Compensation and travel expenses of commission members.
18.44.901
18.44.902
18.44.903
18.44.904
18.44.905
Construction—1965 c 153.
Short title.
Severability—1971 ex.s. c 245.
Severability—1977 ex.s. c 156.
Severability—1979 c 70.
Sections
MISCELLANEOUS
DEFINITIONS
18.44.011
Definitions.
LICENSING
18.44.021
18.44.031
18.44.041
18.44.051
18.44.061
18.44.071
18.44.081
18.44.091
18.44.101
18.44.111
18.44.121
18.44.127
18.44.131
18.44.141
18.44.151
18.44.161
18.44.171
18.44.181
18.44.191
18.44.195
License required—Exceptions.
License—Application, requisites.
Branch offices—Application to establish—Requirements.
Branch offices—Issuance of license.
Change in business location, office location, business
name—Written notice required.
Escrow officer required for handling transactions—
Responsibility of supervising escrow agent.
Escrow officer’s license—Application—Form—Timely filing—Proof of moral character, etc.
License—Fees—Renewal.
License—Retention and display by agent—Termination—
Inactive licenses.
Licenses—Form and size—Contents.
Fees.
Certificate of registration suspension—Noncompliance with
support order—Reissuance.
License application—Issuance.
License—Duration—Posting.
License—Expiration and renewal—Fee.
License—Reinstatement.
Engaging in business without license—Penalty.
Proof of licensure prerequisite to action for fee.
Director—Educational conferences—Examinations.
Examination—Content.
BONDING
18.44.201
18.44.251
18.44.261
18.44.270
18.44.271
18.44.281
18.44.291
Financial responsibility—Fidelity bond—Errors and omissions policy—Surety bond.
Cancellation of fidelity bond or surety bond, or both—New
bond required.
Waiver of bond or policy where not reasonably available—
Determination procedure—Waiver period.
Corporation for insuring where bond or policy not reasonably available.
Waiver of errors and omissions policy requirement—
Criteria.
Waiver—Affidavit.
Waiver—Determination.
Application of Administrative Procedure Act.
Waiver—Certificate of waiver.
Waiver—Denial.
Waiver—Application by escrow license applicant.
18.44.301
Prohibited practices.
18.44.400
Records and accounts—Segregation and disbursements of
funds—Violation of section, penalties.
Powers of director.
Investigation of violations—Procedure—Powers of director.
18.44.211
18.44.221
18.44.231
18.44.241
PROHIBITED PRACTICES
ENFORCEMENT
18.44.410
18.44.420
[Title 18 RCW—page 136]
DEFINITIONS
18.44.011 Definitions. Unless a different meaning is
apparent from the context, terms used in this chapter shall
have the following meanings:
(1) "Department" means the department of financial
institutions.
(2) "Director" means the director of financial institutions, or his or her duly authorized representative.
(3) "Director of licensing" means the director of the
department of licensing, or his or her duly authorized
representative.
(4) "Escrow" means any transaction, except the acts of
a qualified intermediary in facilitating an exchange under
section 1031 of the internal revenue code, wherein any
person or persons, for the purpose of effecting and closing
the sale, purchase, exchange, transfer, encumbrance, or lease
of real or personal property to another person or persons,
delivers any written instrument, money, evidence of title to
real or personal property, or other thing of value to a third
person to be held by such third person until the happening
of a specified event or the performance of a prescribed
condition or conditions, when it is then to be delivered by
such third person, in compliance with instructions under
which he or she is to act, to a grantee, grantor, promisee,
promisor, obligee, obligor, lessee, lessor, bailee, bailor, or
any agent or employee thereof.
(5) "Split escrow" means a transaction in which two or
more escrow agents act to effect and close an escrow
transaction.
(6) "Escrow agent" means any person engaged in the
business of performing for compensation the duties of the
third person referred to in subsection (4) of this section.
(7) "Licensed escrow agent" means any sole proprietorship, firm, association, partnership, or corporation holding a
license as an escrow agent under the provisions of this
chapter.
(8) "Person" means a natural person, firm, association,
partnership, corporation, limited liability company, or the
plural thereof, whether resident, nonresident, citizen, or not.
(2002 Ed.)
Escrow Agent Registration Act
(9) "Licensed escrow officer" means any natural person
handling escrow transactions and licensed as such by the
director.
(10) "Designated escrow officer" means any licensed
escrow officer designated by a licensed escrow agent and
approved by the director as the licensed escrow officer
responsible for supervising that agent’s handling of escrow
transactions, management of the agent’s trust account, and
supervision of all other licensed escrow officers employed by
the agent.
(11) "Escrow commission" means the escrow commission of the state of Washington created by RCW 18.44.500.
(12) "Controlling person" is any person who owns or
controls ten percent or more of the beneficial ownership of
any escrow agent, regardless of the form of business
organization employed and regardless of whether such
interest stands in such person’s true name or in the name of
a nominee. [1999 c 30 § 1; 1995 c 238 § 1; 1985 c 7 § 47;
1979 c 158 § 42; 1977 ex.s. c 156 § 1; 1971 ex.s. c 245 §
1; 1965 c 153 § 1. Formerly RCW 18.44.010.]
Effective date—1995 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 238 § 10.]
LICENSING
18.44.021 License required—Exceptions. It shall be
unlawful for any person to engage in business as an escrow
agent by performing escrows or any of the functions of an
escrow agent as described in RCW 18.44.011(4) within this
state or with respect to transactions that involve personal
property or real property located in this state unless such
person possesses a valid license issued by the director
pursuant to this chapter. The licensing requirements of this
chapter shall not apply to:
(1) Any person doing business under the law of this
state or the United States relating to banks, trust companies,
mutual savings banks, savings and loan associations, credit
unions, insurance companies, or any federally approved
agency or lending institution under the national housing act
(12 U.S.C. Sec. 1703).
(2) Any person licensed to practice law in this state
while engaged in the performance of his or her professional
duties.
(3) Any real estate company, broker, or agent subject to
the jurisdiction of the director of licensing while performing
acts in the course of or incidental to sales or purchases of
real or personal property handled or negotiated by such real
estate company, broker, or agent: PROVIDED, That no
compensation is received for escrow services.
(4) Any transaction in which money or other property
is paid to, deposited with, or transferred to a joint control
agent for disbursal or use in payment of the cost of labor,
material, services, permits, fees, or other items of expense
incurred in the construction of improvements upon real
property.
(5) Any receiver, trustee in bankruptcy, executor,
administrator, guardian, or other person acting under the
supervision or order of any superior court of this state or of
any federal court.
(2002 Ed.)
18.44.011
(6) Title insurance companies having a valid certificate
of authority issued by the insurance commissioner of this
state and title insurance agents having a valid license as a
title insurance agent issued by the insurance commissioner
of this state. [1999 c 30 § 2; 1977 ex.s. c 156 § 2; 1971
ex.s. c 245 § 2; 1967 ex.s. c 76 § 1; 1965 c 153 § 2.
Formerly RCW 18.44.020.]
18.44.031 License—Application, requisites. An
application for an escrow agent license shall be in writing in
such form as is prescribed by the director, and shall be
verified on oath by the applicant. An application for an
escrow agent license shall include fingerprints for all
officers, directors, owners, partners, and controlling persons,
and, unless waived by the director, the following:
(1) The applicant’s form of business organization and
place of organization;
(2) If the applicant is a corporation or limited liability
company, the address of its physical location, a list of
officers, controlling persons, and directors of such corporation or company and their residential addresses, telephone
numbers, and other identifying information as the director
may determine by rule. If the applicant is a sole proprietorship or partnership, the address of its business location, a list
of owners, partners, or controlling persons and their residential addresses, telephone numbers, and other identifying
information as the director may determine by rule. Any
information in the application regarding the personal residential address or telephone number of any officer, director,
partner, owner, controlling person, or employee is exempt
from the public records disclosure requirements of chapter
42.17 RCW;
(3) In the event the applicant is doing business under an
assumed name, a copy of the master business license with
the registered trade name shown;
(4) The qualifications and business history of the
applicant and all of its officers, directors, owners, partners,
and controlling persons;
(5) A personal credit report from a recognized credit
reporting bureau satisfactory to the director on all officers,
directors, owners, partners, and controlling persons of the
applicant;
(6) Whether any of the officers, directors, owners,
partners, or controlling persons have been convicted of any
crime within the preceding ten years which relates directly
to the business or duties of escrow agents, or have suffered
a judgment within the preceding five years in any civil
action involving fraud, misrepresentation, any unfair or
deceptive act or practice, or conversion;
(7) The identity of the licensed escrow officer designated by the escrow agent as the designated escrow officer
responsible for supervising the agent’s escrow activity;
(8) Evidence of compliance with the bonding and
insurance requirements of RCW 18.44.201; and
(9) Any other information the director may require by
rule. The director may share any information contained
within a license application, including fingerprints, with the
federal bureau of investigation and other regulatory or law
enforcement agencies. [1999 c 30 § 3; 1977 ex.s. c 156 §
3; 1965 c 153 § 3. Formerly RCW 18.44.030.]
[Title 18 RCW—page 137]
18.44.041
Title 18 RCW: Businesses and Professions
18.44.041 Branch offices—Application to establish—Requirements. (1) A licensed escrow agent shall not
operate an escrow business in a location other than the
location set forth on the agent’s license or branch office
license issued by the director. The licensed escrow agent
may apply to the director for authority to establish one or
more branch offices under the same name as the main office.
(2) Each branch office operated by a licensed escrow
agent shall be supervised by a licensed escrow officer
designated by the licensed escrow agent as the designated
branch escrow officer for that branch.
(3) Any person desiring to operate a branch escrow
office shall make application on a form provided by the
director and pay a fee as set forth in rule by the director.
Such application shall identify the licensed escrow officer
designated as the designated branch escrow officer to
supervise the agent’s escrow activity at the branch office.
(4) No escrow agent branch office license shall be
issued until the applicant has satisfied the director that the
escrow activity of the branch meets all financial responsibility requirements governing the conduct of escrow activity.
[1999 c 30 § 28; 1977 ex.s. c 156 § 26. Formerly RCW
18.44.330.]
18.44.051 Branch offices—Issuance of license. Upon
the filing of the application for an escrow agent branch
office and satisfying the requirements of this chapter, the
director shall issue and deliver to the applicant a license to
engage in the business of an escrow agent at the branch
location set forth on the license. [1999 c 30 § 29; 1977 ex.s.
c 156 § 27. Formerly RCW 18.44.340.]
18.44.061 Change in business location, office
location, business name—Written notice required. A
licensed escrow agent shall provide notice in writing to the
director and to the insurer providing coverage under RCW
18.44.201 of any change of business location, branch office
location, or business name. Such notice shall be given in a
form prescribed by the director and shall be delivered at
least ten business days prior to the change in business
location or name. Upon the surrender of the original license
for the agent or the applicable branch office and a payment
of a fee, the director shall issue a new license for the new
location. [1999 c 30 § 7; 1977 ex.s. c 156 § 19. Formerly
RCW 18.44.067.]
18.44.071 Escrow officer required for handling
transactions—Responsibility of supervising escrow agent.
Every licensed escrow agent shall ensure that all escrow
transactions are supervised by a licensed escrow officer. In
the case of a partnership, the designated escrow officer shall
be a partner in the partnership and shall act on behalf of the
partnership. In the case of a corporation, the designated
escrow officer shall be an officer of the corporation and shall
act on behalf of the corporation. The designated escrow
officer shall be responsible for that agent’s handling of
escrow transactions, management of the agent’s trust
account, and supervision of all other licensed escrow officers
employed by the agent. Responsibility for the conduct of
any licensed escrow officer covered by this chapter shall rest
with the designated escrow officer or designated branch
[Title 18 RCW—page 138]
escrow officer having direct supervision of such person’s
escrow activities. The branch designated escrow officer
shall bear responsibility for supervision of all other licensed
escrow officers or other persons performing escrow transactions at a branch escrow office. [1999 c 30 § 21; 1977 ex.s.
c 156 § 11; 1971 ex.s. c 245 § 7. Formerly RCW
18.44.200.]
18.44.081 Escrow officer’s license—Application—
Form—Timely filing—Proof of moral character, etc. Any
person desiring to be a licensed escrow officer shall meet the
requirements of RCW 18.44.195 as provided in this chapter.
The applicant shall make application endorsed by a licensed
escrow agent to the director on a form to be prescribed and
furnished by the director. Such application must be received
by the director within one year of passing the escrow officer
examination. With this application the applicant shall:
(1) Pay a license fee as set forth by rule; and
(2) Furnish such proof as the director may require
concerning his or her honesty, truthfulness, good reputation,
and identity, including but not limited to fingerprints,
residential address and telephone number, qualifications and
employment history, a personal credit report, and any other
information required under RCW 18.44.031. [1999 c 30 §
24; 1995 c 238 § 4; 1977 ex.s. c 156 § 22. Formerly RCW
18.44.290.]
Effective date—1995 c 238: See note following RCW 18.44.011.
18.44.091 License—Fees—Renewal. Every escrow
officer license issued under the provisions of this chapter
expires on the date one year from the date of issue which
date will henceforth be the renewal date. An annual license
renewal fee in the same amount must be paid on or before
each renewal date: PROVIDED, That licenses issued or
renewed prior to September 21, 1977, shall use the existing
renewal date as the date of issue. If the application for a
license renewal is not received by the director on or before
the renewal date such license is expired. The license may be
reinstated at any time prior to the next succeeding renewal
date following its expiration upon the payment to the
director of the annual renewal fee then in default. Acceptance by the director of an application for renewal after the
renewal date shall not be a waiver of the delinquency.
Licenses not renewed within one year of the renewal date
then in default shall be canceled. A new license may be
obtained by satisfying the procedures and qualifications for
initial licensing, including where applicable successful
completion of examinations. [1999 c 30 § 25; 1985 c 340
§ 5; 1977 ex.s. c 156 § 23. Formerly RCW 18.44.300.]
18.44.101 License—Retention and display by
agent—Termination—Inactive licenses. The license of a
licensed escrow officer shall be retained and displayed at all
times by the licensed escrow agent. When the officer ceases
for any reason to represent the agent, the license shall cease
to be in force. Within three business days of termination of
the licensed escrow officer’s employment, the licensed
escrow agent shall notify the director that the terminated
escrow officer no longer represents the escrow agent.
Within ten business days of termination of the licensed
escrow officer’s employment, the licensed escrow agent shall
(2002 Ed.)
Escrow Agent Registration Act
deliver the surrendered escrow officer license to the director.
Failure to notify the director within three business days or
deliver the surrendered license to the director within ten
business days shall, at the discretion of the director, subject
the escrow agent to penalties under RCW 18.44.430.
The director may hold the licensed escrow officer’s
license inactive upon notification of termination by the
escrow agent or designated escrow officer. The licensed
escrow officer shall pay the renewal fee annually to maintain
an inactive license. An inactive license may be activated
upon application of a licensed escrow agent on a form
provided by the director and the payment of a fee. If the
licensed escrow officer continues to meet the requirements
of licensing in RCW 18.44.081, the director shall thereupon
issue a new license for the unexpired term of the licensed
escrow officer. An escrow officer’s first license shall not be
issued inactive. [1999 c 30 § 26; 1989 c 51 § 1; 1985 c 340
§ 6; 1977 ex.s. c 156 § 24. Formerly RCW 18.44.310.]
18.44.111 Licenses—Form and size—Contents.
Each escrow agent license, each escrow agent branch office
license, and each escrow officer license shall be issued in the
form and size prescribed by the director and shall state in
addition to any other matter required by the director:
(1) The name of the licensee;
(2) The name under which the applicant will do business;
(3) The address at which the applicant will do business;
(4) The expiration date of the license; and
(5) In the case of a corporation, partnership, or branch
office, the name of the designated escrow officer or designated branch escrow officer. [1999 c 30 § 30; 1977 ex.s. c
156 § 28. Formerly RCW 18.44.350.]
18.44.121 Fees. The director shall charge and collect
the following fees as established by rule by the director:
(1) A fee for filing an original or a renewal application
for an escrow agent license, a fee for each application for an
additional licensed location, a fee for an application for a
change of address for an escrow agent, annual fees for the
first office or location and for each additional office or
location, and under RCW 43.135.055 the director shall set
the annual fee for an escrow agent license up to five hundred
sixty-five dollars in fiscal year 2000.
(2) A fee for filing an original or a renewal application
for an escrow officer license, a fee for an application for a
change of address for each escrow officer license being so
changed, a fee to activate an inactive escrow officer license
or transfer an escrow officer license, and under RCW
43.135.055 the director shall set the annual fee for an escrow
officer license up to two hundred thirty-five dollars in fiscal
year 2000.
(3) A fee for filing an application for a duplicate of an
escrow agent license or of an escrow officer license lost,
stolen, destroyed, or for replacement.
(4) A fee for providing license examinations.
(5) An hourly audit fee. In setting this fee, the director
shall ensure that every examination and audit, or any part of
the examination or audit, of any person licensed or subject
to licensing in this state requiring travel and services outside
this state by the director or by employees designated by the
(2002 Ed.)
18.44.101
director, shall be at the expense of the person examined or
audited at the hourly rate established by the director, plus the
per diem compensation and actual travel expenses incurred
by the director or his or her employees conducting the
examination or audit. When making any examination or
audit under this chapter, the director may retain attorneys,
appraisers, independent certified public accountants, or other
professionals and specialists as examiners or auditors, the
cost of which shall be borne by the person who is the
subject of the examination or audit.
In establishing these fees, the director shall set the fees
at a sufficient level to defray the costs of administering this
chapter.
All fees received by the director under this chapter shall
be paid into the state treasury to the credit of the financial
services regulation fund. [2001 c 177 § 3; 1999 c 30 § 10;
1995 c 238 § 2; 1985 c 340 § 1; 1977 ex.s. c 156 § 7; 1971
ex.s. c 245 § 5; 1965 c 153 § 8. Formerly RCW 18.44.080.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Effective date—1995 c 238: See note following RCW 18.44.011.
18.44.127 Certificate of registration suspension—
Noncompliance with support order—Reissuance. The
department shall immediately suspend the certificate of
registration of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for certification
during the suspension, reissuance of the certificate shall be
automatic upon the department’s receipt of a release issued
by the department of social and health services stating that
the person is in compliance with the order. [1997 c 58 §
822.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.44.131 License application—Issuance. Upon the
filing of the application for an escrow agent license on a
form provided by the director and satisfying the requirements
as set forth in this chapter, the director shall issue and
deliver to the applicant a license to engage in the business of
an escrow agent at the location set forth in the license.
[1999 c 30 § 11; 1977 ex.s. c 156 § 8; 1965 c 153 § 9.
Formerly RCW 18.44.090.]
18.44.141 License—Duration—Posting. An escrow
agent’s license shall remain in effect until surrendered,
revoked, suspended, or until it expires, and shall at all times
be kept conspicuously posted in all places of business of the
agent. [1999 c 30 § 12; 1965 c 153 § 10. Formerly RCW
18.44.100.]
[Title 18 RCW—page 139]
18.44.151
Title 18 RCW: Businesses and Professions
18.44.151 License—Expiration and renewal—Fee.
Each escrow agent’s license shall expire at noon on the
thirty-first day of December of any calendar year. The
license may be renewed by filing an application and paying
the annual license fee for the next succeeding calendar year.
[1999 c 30 § 13; 1985 c 340 § 2; 1965 c 153 § 11. Formerly RCW 18.44.110.]
18.44.161 License—Reinstatement. An escrow
agent’s license which has not been renewed may be reinstated at any time prior to the thirtieth day of January following
its expiration, upon the payment to the director of the annual
license fees then in default and a penalty equal to one-half
of the annual license fees then in default. [1999 c 30 § 14;
1965 c 153 § 12. Formerly RCW 18.44.120.]
18.44.171 Engaging in business without license—
Penalty. Any person required by this chapter to obtain a
license who engages in business as an escrow agent without
applying for and receiving the license required by this
chapter, or willfully continues to act as an escrow agent or
licensed escrow officer after surrender, expiration, suspension, or revocation of his or her license, is guilty of a
misdemeanor punishable by imprisonment for not more than
ninety days, or by a fine of not more than one hundred
dollars per day for each day’s violation, or by both such fine
and imprisonment. [1999 c 30 § 17; 1965 c 153 § 14.
Formerly RCW 18.44.140.]
Date for initial compliance: "All persons doing business within this
state as an escrow agent as defined in this act, who may be required by this
act to register with the department, shall comply with the provisions hereof
not later than December 31, 1965." [1965 c 153 § 15.]
18.44.181 Proof of licensure prerequisite to action
for fee. No person engaged in the business or acting in the
capacity of an escrow agent may bring or maintain any
action in any court of this state for the collection or compensation for the performances of any services entered upon
after December 31, 1965, for which licensing is required
under this chapter without alleging and proving that he or
she was a duly licensed escrow agent at the time of commencement of such services. [1999 c 30 § 20; 1965 c 153
§ 19. Formerly RCW 18.44.180.]
18.44.191 Director—Educational conferences—
Examinations. The director shall have the authority to hold
educational conferences for the benefit of the industry and
shall conduct examinations for licenses as an escrow officer.
[1977 ex.s. c 156 § 15; 1971 ex.s. c 245 § 12. Formerly
RCW 18.44.250.]
18.44.195 Examination—Content. (1) Any person
desiring to become a licensed escrow officer must successfully pass an examination.
(2) The escrow officer examination shall encompass the
following:
(a) Appropriate knowledge of the English language,
including reading, writing, and arithmetic;
(b) An understanding of the principles of real estate
conveyancing and the general purposes and legal effects of
deeds, mortgages, deeds of trust, contracts of sale, exchang[Title 18 RCW—page 140]
es, rental and optional agreements, leases, earnest money
agreements, personal property transfers, and encumbrances;
(c) An understanding of the obligations between
principal and agent;
(d) An understanding of the meaning and nature of
encumbrances upon real property;
(e) An understanding of the principles and practice of
trust accounting; and
(f) An understanding of the escrow agent registration act
and other applicable law such as the real estate settlement
procedures act, 12 U.S.C. Sec. 2601, and regulation X, 24
C.F.R. Sec. 3500.
(3) The examination shall be in such form as prescribed
by the director with the advice of the escrow commission,
and shall be given at least annually. [1999 c 30 § 4.]
BONDING
18.44.201 Financial responsibility—Fidelity bond—
Errors and omissions policy—Surety bond. (1) At the
time of filing an application for an escrow agent license, or
any renewal or reinstatement of an escrow agent license, the
applicant shall provide satisfactory evidence to the director
of having obtained the following as evidence of financial
responsibility:
(a) A fidelity bond providing coverage in the aggregate
amount of two hundred thousand dollars with a deductible
no greater than ten thousand dollars covering each corporate
officer, partner, escrow officer, and employee of the applicant engaged in escrow transactions;
(b) An errors and omissions policy issued to the escrow
agent providing coverage in the minimum aggregate amount
of fifty thousand dollars or, alternatively, cash or securities
in the principal amount of fifty thousand dollars deposited in
an approved depository on condition that they be available
for payment of any claim payable under an equivalent errors
and omissions policy in that amount and pursuant to rules
and regulations adopted by the department for that purpose;
and
(c) A surety bond in the amount of ten thousand dollars
executed by the applicant as obligor and by a surety company authorized to do a surety business in this state as surety,
unless the fidelity bond obtained by the licensee to satisfy
the requirement in (a) of this subsection does not have a
deductible. The bond shall run to the state of Washington as
obligee, and shall run to the benefit of the state and any
person or persons who suffer loss by reason of the
applicant’s or its employee’s violation of this chapter. The
bond shall be conditioned that the obligor as licensee will
faithfully conform to and abide by this chapter and all rules
adopted under this chapter, and shall reimburse all persons
who suffer loss by reason of a violation of this chapter or
rules adopted under this chapter. The bond shall be continuous and may be canceled by the surety upon the surety
giving written notice to the director of its intent to cancel the
bond. The cancellation shall be effective thirty days after
the notice is received by the director. Whether or not the
bond is renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continuous obligation, and the surety upon the bond shall not be
(2002 Ed.)
Escrow Agent Registration Act
liable in an aggregate amount exceeding the penal sum set
forth on the face of the bond. In no event shall the penal
sum, or any portion thereof, at two or more points in time be
added together in determining the surety’s liability. The
bond shall not be liable for any penalties imposed on the
licensee, including but not limited to, any increased damages
or attorneys’ fees, or both, awarded under RCW 19.86.090.
(2) For the purposes of this section, a "fidelity bond"
shall mean a primary commercial blanket bond or its
equivalent satisfactory to the director and written by an
insurer authorized to transact this line of business in the state
of Washington. Such bond shall provide fidelity coverage
for any fraudulent or dishonest acts committed by any one
or more of the employees or officers as defined in the bond,
acting alone or in collusion with others. This bond shall be
for the sole benefit of the escrow agent and under no
circumstances whatsoever shall the bonding company be
liable under the bond to any other party. The bond shall
name the escrow agent as obligee and shall protect the obligee against the loss of money or other real or personal
property belonging to the obligee, or in which the obligee
has a pecuniary interest, or for which the obligee is legally
liable or held by the obligee in any capacity, whether the
obligee is legally liable therefor or not. The bond may be
canceled by the insurer upon delivery of thirty days’ written
notice to the director and to the escrow agent.
(3) For the purposes of this section, an "errors and
omissions policy" shall mean a group or individual insurance
policy satisfactory to the director and issued by an insurer
authorized to transact insurance business in the state of
Washington. Such policy shall provide coverage for unintentional errors and omissions of the escrow agent and its
employees, and may be canceled by the insurer upon delivery of thirty days’ written notice to the director and to the
escrow agent.
(4) Except as provided in RCW 18.44.221, the fidelity
bond, surety bond, and the errors and omissions policy
required by this section shall be kept in full force and effect
as a condition precedent to the escrow agent’s authority to
transact escrow business in this state, and the escrow agent
shall supply the director with satisfactory evidence thereof
upon request. [1999 c 30 § 5; 1979 c 70 § 1; 1977 ex.s. c
156 § 5; 1971 ex.s. c 245 § 4; 1965 c 153 § 5. Formerly
RCW 18.44.050.]
18.44.211 Cancellation of fidelity bond or surety
bond, or both—New bond required. In the event of
cancellation of either the fidelity bond, the surety bond, or
both, the director shall require the filing of a new bond or
bonds. Failure to provide the director with satisfactory
evidence of a new bond after receipt by the director of
notification that one is required or by the effective date of
the cancellation notice, whichever is later, shall be sufficient
grounds for the suspension or revocation of the escrow
agent’s license. [1999 c 30 § 6; 1965 c 153 § 6. Formerly
RCW 18.44.060.]
18.44.221 Waiver of bond or policy where not
reasonably available—Determination procedure—Waiver
period. The director shall, within thirty days after the
written request of the escrow commission, hold a public
(2002 Ed.)
18.44.201
hearing to determine whether the fidelity bond, surety bond,
and/or the errors and omissions policy specified in RCW
18.44.201 is reasonably available to a substantial number of
licensed escrow agents. If the director determines and the
insurance commissioner concurs that such bond or bonds
and/or policy is not reasonably available, the director shall
waive the requirements for such bond or bonds and/or policy
for a fixed period of time. [1999 c 30 § 31; 1988 c 178 §
2; 1977 ex.s. c 156 § 30. Formerly RCW 18.44.360.]
Severability—1988 c 178: See note following RCW 18.44.400.
18.44.231 Corporation for insuring where bond or
policy not reasonably available. After a written determination by the director, with the consent of the insurance
commissioner, that the fidelity bond, the surety bond, and/or
the errors and omissions policy required under RCW
18.44.201 is cost-prohibitive, or after a determination as
provided in RCW 18.44.221 that such bond or policy is not
reasonably available, an association comprised of licensed
escrow agents, with the consent of the insurance commissioner, may organize a corporation pursuant to chapter 24.06
RCW, exempt from the provisions of Title 48 RCW, for the
purpose of insuring or self-insuring against claims arising out
of escrow transactions. The insurance commissioner may
limit the authority of the corporation to the insuring or selfinsuring of claims which would be within the coverage
specified in RCW 18.44.201. The insurance commissioner
may revoke the authority of the corporation to transact
insurance or self-insurance if he or she determines, pursuant
to chapter 34.05 RCW, that the corporation is not acting in
a financially responsible manner or for the benefit of the
public. [1999 c 30 § 32; 1987 c 471 § 4; 1977 ex.s. c 156
§ 31. Formerly RCW 18.44.370.]
Severability—1987 c 471: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 471 § 11.]
Effective date—1987 c 471: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 471 § 13.]
18.44.241 Waiver of errors and omissions policy
requirement—Criteria. The following criteria will be
considered by the director when deciding whether to grant a
licensed escrow agent a waiver from the errors and omissions policy requirement under RCW 18.44.201:
(1) Whether the director has determined pursuant to
RCW 18.44.221 that an errors and omissions policy is not
reasonably available to a substantial number of licensed
escrow agents;
(2) Whether purchasing an errors and omissions policy
would be cost-prohibitive for the licensed escrow agent
requesting the exemption;
(3) Whether a licensed escrow agent has wilfully
violated the provisions of chapter 18.44 RCW, which
violation thereby resulted in the termination of the agent’s
certificate, or engaged in any other conduct resulting in the
termination of the escrow certificate;
(4) Whether a licensed escrow agent has paid claims
directly or through an errors and omissions carrier, exclusive
of costs and attorney fees, in excess of ten thousand dollars
[Title 18 RCW—page 141]
18.44.241
Title 18 RCW: Businesses and Professions
in the calendar year preceding the year for which the waiver
is requested;
(5) Whether a licensed escrow agent has paid claims
directly or through an errors or omissions insurance carrier,
exclusive of costs and attorney fees, totaling in excess of
twenty thousand dollars in the three calendar years preceding
the calendar year for which the exemption is requested; and
(6) Whether the licensed escrow agent has been convicted of a crime involving honesty or moral turpitude.
These criteria are not intended to be a wholly inclusive
list of factors to be applied by the director when considering
the merits of a licensed escrow agent’s request for a waiver
of the required errors and omissions policy. [2000 c 171 §
12; 1987 c 471 § 5. Formerly RCW 18.44.375.]
be . . . . . . . . . free and voluntary act for the uses and
purposes mentioned in the instrument.
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
18.44.261 Waiver—Determination. The director
shall, within thirty days following submission of a written
petition for waiver of the insurance requirements found in
RCW 18.44.201, issue a written determination granting or
rejecting an applicant’s request for waiver. [2000 c 171 §
13; 1987 c 471 § 6. Formerly RCW 18.44.385.]
18.44.251 Waiver—Affidavit. A request for a waiver
of the required errors and omissions policy may be accomplished under the statute by submitting to the director an
affidavit that substantially addresses the following:
REQUEST FOR WAIVER OF
ERRORS AND OMISSIONS POLICY
I, . . . . . ., residing at . . . . . ., City of . . . . . ., County
of . . . . . ., State of Washington, declare the following:
(1) The state escrow commission has determined that an
errors and omissions policy is not reasonably available to a
substantial number of licensed escrow officers; and
(2) Purchasing an errors and omissions policy is costprohibitive at this time; and
(3) I have not engaged in any conduct that resulted in
the termination of my escrow certificate; and
(4) I have not paid, directly or through an errors and
omissions policy, claims in excess of ten thousand dollars,
exclusive of costs and attorneys’ fees, during the calendar
year preceding submission of this affidavit; and
(5) I have not paid, directly or through an errors and
omissions policy, claims, exclusive of costs and attorneys’
fees, totaling in excess of twenty thousand dollars in the
three calendar years immediately preceding submission of
this affidavit; and
(6) I have not been convicted of a crime involving
honesty or moral turpitude during the calendar year preceding submission of this application.
THEREFORE, in consideration of the above, I, . . . . . .,
respectfully request that the director of financial institutions
grant this request for a waiver of the requirement that I
purchase and maintain an errors and omissions policy
covering my activities as an escrow agent licensed by the
state of Washington for the period from . . . . . ., 19. . ., to
. . . . . ., 19. . .
Submitted this day of . . . . day of . . . . . ., 19. . .
.........................
(signature)
State of Washington,⎫
⎬ ss.
County of . . . . . . . âŽ
I certify that I know or have satisfactory evidence that
. . . . . . . . ., signed this instrument and acknowledged it to
[Title 18 RCW—page 142]
(Seal or stamp)
Dated . . . . . . .
Signature of
Notary Public .
Title . . .
My appointment
..............
..............
..............
expires . . . . . . . .
[1995 c 238 § 5; 1987 c 471 § 10. Formerly RCW
18.44.380.]
Effective date—1995 c 238: See note following RCW 18.44.011.
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
18.44.270 Application of Administrative Procedure
Act. The proceedings for revocation, suspension, or refusal
to renew or accept an application for renewal of an escrow
agent’s registration or escrow officer license, and any appeal
therefrom or review thereof shall be governed by the
provisions of chapter 34.05 RCW. [1977 ex.s. c 156 § 17;
1971 ex.s. c 245 § 14.]
18.44.271 Waiver—Certificate of waiver. Upon
granting a waiver of insurance requirements found in RCW
18.44.201, the director shall issue a certificate of waiver,
which certificate shall be mailed to the escrow agent who
requested the waiver. [2000 c 171 § 14; 1987 c 471 § 7.
Formerly RCW 18.44.390.]
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
18.44.281 Waiver—Denial. Upon determining that a
licensed escrow agent is to be denied a waiver of the errors
and omissions policy requirements of RCW 18.44.201, the
director shall within thirty days of the denial of an escrow
agent’s request for same, provide to the escrow agent a written explanation of the reasons for the director’s decision to
deny the requested waiver. [2000 c 171 § 15; 1987 c 471 §
8. Formerly RCW 18.44.395.]
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
18.44.291 Waiver—Application by escrow license
applicant. Nothing in RCW 18.44.201, 18.44.241 through
18.44.261, 18.44.271, and 18.44.281 shall be construed as
prohibiting a person applying for an escrow license from
applying for a certificate of waiver of the errors and omissions policy requirement when seeking an escrow license.
[2000 c 171 § 16; 1987 c 471 § 9. Formerly RCW
18.44.398.]
Effective date—Severability—1987 c 471: See notes following
RCW 18.44.231.
(2002 Ed.)
Escrow Agent Registration Act
PROHIBITED PRACTICES
18.44.301 Prohibited practices. It is a violation of
this chapter for any escrow agent, controlling person, officer,
designated escrow officer, independent contractor, employee
of an escrow business, or other person subject to this chapter
to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Directly or indirectly engage in any unfair or
deceptive practice toward any person;
(3) Directly or indirectly obtain property by fraud or
misrepresentation;
(4) Knowingly make, publish, or disseminate any false,
deceptive, or misleading information in the conduct of the
business of escrow, or relative to the business of escrow or
relative to any person engaged therein;
(5) Knowingly receive or take possession for personal
use of any property of any escrow business, other than in
payment authorized by this chapter, and with intent to
defraud, omit to make, or cause or direct to be made, a full
and true entry thereof in the books and accounts of the
business;
(6) Make or concur in making any false entry, or omit
or concur in omitting to make any material entry, in its
books or accounts;
(7) Knowingly make or publish, or concur in making or
publishing any written report, exhibit, or statement of its
affairs or pecuniary condition containing any material
statement which is false, or omit or concur in omitting any
statement required by law to be contained therein;
(8) Willfully fail to make any proper entry in the books
of the escrow business as required by law;
(9) Fail to disclose in a timely manner to the other officers, directors, controlling persons, designated escrow
officer, or other licensed escrow officers the receipt of
service of a notice of an application for an injunction or
other legal process affecting the property or business of an
escrow agent, including in the case of a licensed escrow
agent an order to cease and desist or other order of the
director; or
(10) Fail to make any report or statement lawfully
required by the director or other public official. [1999 c 30
§ 9.]
ENFORCEMENT
18.44.400 Records and accounts—Segregation and
disbursements of funds—Violation of section, penalties.
(1) Every licensed escrow agent shall keep adequate records,
as determined by rule by the director, of all transactions
handled by or through the agent including itemization of all
receipts and disbursements of each transaction. These
records shall be maintained in this state, unless otherwise
approved by the director, for a period of six years from
completion of the transaction. These records shall be open
to inspection by the director or the director’s authorized
representatives.
(2) Every licensed escrow agent shall keep separate
escrow fund accounts as determined by rule by the director
(2002 Ed.)
18.44.301
in recognized Washington state depositaries authorized to
receive funds, in which shall be kept separate and apart and
segregated from the agent’s own funds, all funds or moneys
of clients which are being held by the agent pending the
closing of a transaction and such funds shall be deposited
not later than the first banking day following receipt thereof.
(3) An escrow agent, unless exempted by RCW
18.44.021(2), shall not make disbursements on any escrow
account without first receiving deposits directly relating to
the account in amounts at least equal to the disbursements.
An escrow agent shall not make disbursements until the next
business day after the business day on which the funds are
deposited unless the deposit is made in cash, by interbank
electronic transfer, or in a form that permits conversion of
the deposit to cash on the same day the deposit is made.
The deposits shall be in one of the following forms:
(a) Cash;
(b) Interbank electronic transfers such that the funds are
unconditionally received by the escrow agent or the agent’s
depository;
(c) Checks, negotiable orders of withdrawal, money
orders, cashier’s checks, and certified checks that are payable
in Washington state and drawn on financial institutions
located in Washington state;
(d) Checks, negotiable orders of withdrawal, money
orders, and any other item that has been finally paid as
described in RCW 62A.4-213 before any disbursement; or
(e) Any depository check, including any cashier’s check,
certified check, or teller’s check, which is governed by the
provisions of the federal expedited funds availability act, 12
U.S.C. Sec. 4001 et seq.
(4) For purposes of this section, the word "item" means
any instrument for the payment of money even though it is
not negotiable, but does not include money.
(5) Violation of this section shall subject an escrow
agent to penalties as prescribed in Title 9A RCW and
remedies as provided in chapter 19.86 RCW and shall
constitute grounds for suspension or revocation of the license
of any licensed escrow agent or licensed escrow officer. In
addition, an escrow agent who is required to be licensed
under this chapter and who violates this section or an individual who is required to be licensed as an escrow officer
under this chapter and who violates this section, may be
subject to penalties as prescribed in RCW 18.44.430. [1999
c 30 § 8; 1990 c 203 § 1; 1988 c 178 § 1; 1977 ex.s. c 156
§ 6; 1965 c 153 § 7. Formerly RCW 18.44.070.]
Severability—1988 c 178: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 178 § 4.]
18.44.410 Powers of director. (1) The director has
the power and broad administrative discretion to administer
and interpret this chapter to facilitate the delivery of services
to citizens of this state by escrow agents and others subject
to this chapter.
(2) The director may issue rules and regulations to
govern the activities of licensed escrow agents and escrow
officers. The director shall enforce all laws and rules
relating to the licensing of escrow agents and escrow officers
and fix the time and places for holding examinations of
applicants for licenses and prescribe the method of conduct[Title 18 RCW—page 143]
18.44.410
Title 18 RCW: Businesses and Professions
18.44.420 Investigation of violations—Procedure—
Powers of director. The director may:
(1) Make necessary public or private investigations
within or outside of this state to determine whether any
person has violated or is about to violate this chapter or any
rule or order under this chapter, or to aid in the enforcement
of this chapter or in the prescribing of rules and forms under
this chapter; or
(2) Require or permit any person to file a statement in
writing, under oath or otherwise as the director determines,
as to all facts and circumstances concerning the matter to be
investigated.
For the purpose of any investigation or proceeding
under this chapter, the director or any officer designated by
the director may administer oaths or affirmations, and upon
his or her own motion or upon request of any party, may
subpoena witnesses, compel their attendance, take evidence,
and require the production of any matter which is relevant to
the investigation, including the existence, description, nature,
custody, condition, and location of any books, documents, or
other tangible things and the identity and location of persons
having knowledge or relevant facts, or any other matter
reasonably calculated to lead to the discovery of material
evidence.
Upon failure to obey a subpoena or to answer questions
propounded by the investigating officer and upon reasonable
notice to all persons affected thereby, the director may apply
to the superior court for an order compelling compliance.
Except as otherwise provided in this chapter, all
proceedings under this chapter shall be in accordance with
the administrative procedure act, chapter 34.05 RCW. [1999
c 30 § 23; 1977 ex.s. c 156 § 21. Formerly RCW
18.44.280.]
(d) Knowingly committing or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relying upon the word, representation, or conduct of
the licensee or agent or any partner, officer, director,
controlling person, or employee acts to his or her injury or
damage.
(e) Conversion of any money, contract, deed, note,
mortgage, or abstract or other evidence of title to his or her
own use or to the use of his or her principal or of any other
person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the
condition; and failure to return any money or contract, deed,
note, mortgage, abstract, or other evidence of title within
thirty days after the owner thereof is entitled thereto, and
makes demand therefor, shall be prima facie evidence of
such conversion.
(f) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book, or record in his or her possession for inspection of, the
director or his or her authorized representatives.
(g) Committing any act of fraudulent or dishonest
dealing, and a certified copy of the final holding of any court
of competent jurisdiction in such matter shall be conclusive
evidence in any hearing under this chapter.
(h) Accepting, taking, or charging any undisclosed
commission, rebate, or direct profit on expenditures made for
the principal.
(i) Committing acts or engaging in conduct that demonstrates the applicant or licensee to be incompetent or
untrustworthy, or a source of injury and loss to the public.
(2) Any conduct of an applicant or licensee that constitutes grounds for enforcement action under this chapter is
sufficient regardless of whether the conduct took place
within or outside of the state of Washington.
(3) In addition to or in lieu of a license suspension,
revocation, or denial, the director may assess a fine of up to
one hundred dollars per day for each day’s violation of this
chapter or rules adopted under this chapter and may remove
and/or prohibit from participation in the conduct of the affairs of any licensed escrow agent, any officer, controlling
person, director, employee, or licensed escrow officer. [1999
c 30 § 22; 1977 ex.s. c 156 § 16; 1971 ex.s. c 245 § 13.
Formerly RCW 18.44.260.]
18.44.430 Actions against license—Grounds. (1)
The director may, upon notice to the escrow agent and to the
insurer providing coverage under RCW 18.44.201, deny,
suspend, decline to renew, or revoke the license of any
escrow agent or escrow officer if the director finds that the
applicant or any partner, officer, director, controlling person,
or employee has committed any of the following acts or
engaged in any of the following conduct:
(a) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence
of the director.
(b) Violating any of the provisions of this chapter or
any lawful rules made by the director pursuant thereto.
(c) The commission of a crime against the laws of this
or any other state or government, involving moral turpitude
or dishonest dealings.
18.44.440 Violations—Cease and desist orders. If
the director determines after notice and hearing that a person
has:
(1) Violated any provision of this chapter; or
(2) Directly, or through an agent or employee, engaged
in any false, unfair and deceptive, or misleading:
(a) Advertising or promotional activity; or
(b) Business practices; or
(3) Violated any lawful order or rule of the director; the
director may issue an order requiring the person to cease and
desist from the unlawful practice and to take such affirmative action as in the judgment of the director will carry out
the purposes of this chapter.
If the director makes a finding of fact in writing that the
public interest will be irreparably harmed by delay in issuing
an order, the director may issue a temporary cease and desist
ing the examinations. The director may hold hearings and
suspend or revoke the licenses of violators and may deny,
suspend, or revoke the authority of an escrow officer to act
as the designated escrow officer of a person who commits
violations of this chapter or of the rules under this chapter.
Except as specifically provided in this chapter, the rules
adopted and the hearings conducted shall be in accordance
with the provisions of chapter 34.05 RCW, the administrative procedure act. [1999 c 30 § 27; 1977 ex.s. c 156 § 25.
Formerly RCW 18.44.320.]
[Title 18 RCW—page 144]
(2002 Ed.)
Escrow Agent Registration Act
order. Every temporary cease and desist order shall include
in its terms a provision that upon request a hearing will be
held to determine whether or not the order becomes permanent. [1999 c 30 § 19; 1977 ex.s. c 156 § 20. Formerly
RCW 18.44.175.]
18.44.450 Referral fees prohibited—Consumer
protection act—Application. (1) "Real property lender" as
used in this section means a bank, savings bank, savings and
loan association, credit union, mortgage company, or other
corporation, association, or partnership that makes loans
secured by real property located in this state.
(2) No real property lender, escrow agent, or officer or
employee of any escrow agent or real property lender may
give or agree to pay or give any money, service, or object of
value to any real estate agent or broker, to any real property
lender, or to any officer or employee of any agent, broker,
or lender in return for the referral of any real estate escrow
services. Nothing in this subsection prohibits the payment
of fees or other compensation permitted under the federal
Real Estate Settlement Procedures Act as amended (12
U.S.C. sections 2601 through 2617).
(3) The legislature finds that the practices governed by
this subsection are matters vitally affecting the public interest
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. Any violation of this section is not
reasonable in relation to the development and preservation of
business and is an unfair and deceptive act or practice and
an unfair method of competition in the conduct of trade or
commerce in violation of RCW 19.86.020. Remedies
provided by chapter 19.86 RCW are cumulative and not
exclusive. [2000 c 171 § 17; 1999 c 30 § 33; 1988 c 178 §
3. Formerly RCW 18.44.145.]
Severability—1988 c 178: See note following RCW 18.44.400.
18.44.460 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensing during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1999 c 30 § 15;
1996 c 293 § 11. Formerly RCW 18.44.125.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.44.465 Termination of license—Effect upon
preexisting escrows—Notice to principals. The revocation,
suspension, surrender, or expiration of an escrow agent’s
license shall not impair or affect preexisting escrows
(2002 Ed.)
18.44.440
accepted by the agent prior to such revocation, suspension,
surrender, or expiration: PROVIDED, That the escrow agent
shall within five work days provide written notice to all principals of such preexisting escrows of the agent’s loss of
license. The notice shall include as a minimum the reason
for the loss of license, the estimated date for completing the
escrow, and the condition of the agent’s bond and whether
it is in effect or whether notice of cancellation has been
given. The notice shall afford the principals the right to
withdraw the escrow without monetary loss. [1999 c 30 §
16; 1977 ex.s. c 156 § 9; 1965 c 153 § 13. Formerly RCW
18.44.130.]
18.44.470 Receivership. Upon application by the
director or any other interested party and upon a showing
that the interest of the creditors so requires, the superior
court may appoint a receiver to take over, operate, or
liquidate any escrow office in this state. [1971 ex.s. c 245
§ 6. Formerly RCW 18.44.190.]
18.44.480 Remedies—Affecting corporate franchise.
Upon petition by the attorney general, the court may, in its
discretion, order the dissolution, or suspension or forfeiture
of franchise, of any corporation for repeated or flagrant
violation of this chapter or the terms of any order of injunction hereunder. [1965 c 153 § 18. Formerly RCW
18.44.170.]
18.44.490 Authority to prosecute—Grants of
injunctive relief, temporary restraining orders. (1) The
director, through the attorney general, may prosecute an
action in any court of competent jurisdiction to enforce any
order made by him or her pursuant to this chapter and shall
not be required to post a bond in any such court proceedings.
(2) If the director has cause to believe that any person
has violated any penal provision of this chapter he or she
may refer the violation to the attorney general or the
prosecuting attorney of the county in which the offense was
committed.
(3) Whenever the director has cause to believe that any
person, required to be licensed by this chapter, is conducting
business as an escrow agent without a valid license, or that
any licensed escrow agent, directly or through an agent or
employee, is engaged in any false, unfair and deceptive, or
misleading advertising or promotional, activity or business
practices, or is conducting business in a manner deemed
unsafe or injurious to the public, or has violated, is violating,
or is about to violate any of the provisions of this chapter,
or a rule or order under this chapter, the director, through the
attorney general, may bring an action in any court of
competent jurisdiction to enjoin the person from continuing
the violation or doing any action in furtherance thereof.
Upon proper showing, injunctive relief or temporary restraining orders shall be granted by the court and a receiver or
conservator may be appointed.
(4) The attorney general and the several prosecuting
attorneys throughout the state may prosecute proceedings
brought pursuant to this chapter upon notification of the
director. [1999 c 30 § 18; 1977 ex.s. c 156 § 10; 1965 c
153 § 17. Formerly RCW 18.44.160.]
[Title 18 RCW—page 145]
18.44.500
Title 18 RCW: Businesses and Professions
ESCROW COMMISSION
MISCELLANEOUS
18.44.500 Escrow commission—Members—Terms—
Compensation and travel expenses. There is established
an escrow commission of the state of Washington, to consist
of the director of financial institutions or his or her designee
as chairman, and five other members who shall act as
advisors to the director as to the needs of the escrow
profession, including but not limited to the design and conduct of tests to be administered to applicants for escrow
licenses, the schedule of license fees to be applied to the
escrow licensees, educational programs, audits and investigations of the escrow profession designed to protect the
consumer, and such other matters determined appropriate.
The director is hereby empowered to and shall appoint the
other members, each of whom shall have been a resident of
this state for at least five years and shall have at least five
years experience in the practice of escrow as an escrow
agent or as a person in responsible charge of escrow transactions.
The members of the first commission shall serve for the
following terms: One member for one year, one member for
two years, one member for three years, one member for four
years, and one member for five years, from the date of their
appointment, or until their successors are duly appointed and
qualified. Every member of the commission shall receive a
certificate of appointment from the director and before
beginning the member’s term of office shall file with the
secretary of state a written oath or affirmation for the faithful
discharge of the member’s official duties. On the expiration
of the term of each member, the director shall appoint a
successor to serve for a term of five years or until the
member’s successor has been appointed and qualified.
The director may remove any member of the commission for cause. Vacancies in the commission for any reason
shall be filled by appointment for the unexpired term.
Members shall be compensated in accordance with
RCW 43.03.240, and shall be reimbursed for their travel
expenses incurred in carrying out the provisions of this
chapter in accordance with RCW 43.03.050 and 43.03.060.
[1995 c 238 § 3; 1985 c 340 § 3; 1984 c 287 § 36. Formerly RCW 18.44.208.]
18.44.901 Construction—1965 c 153. Nothing in this
chapter shall be so construed as to authorize any escrow
agent, or his employees or agents, to engage in the practice
of law, and nothing in this chapter shall be so construed as
to impose any additional liability on any depositary authorized by this chapter and the receipt or acquittance of the
persons so paid by such depositary shall be a valid and
sufficient release and discharge of such depositary. [1965 c
153 § 20. Formerly RCW 18.44.900.]
Effective date—1995 c 238: See note following RCW 18.44.011.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
18.44.510 Compensation and travel expenses of
commission members. The escrow commission members
shall each be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses as
provided for state officials and employees in RCW 43.03.050
and 43.03.060, when called into session by the director or
when otherwise engaged in the business of the commission.
[1984 c 287 § 37; 1977 ex.s. c 156 § 29. Formerly RCW
18.44.215.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
[Title 18 RCW—page 146]
18.44.902 Short title. This chapter shall be known
and cited as the "Escrow Agent Registration Act". [1965 c
153 § 21. Formerly RCW 18.44.910.]
18.44.903 Severability—1971 ex.s. c 245. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 245 § 15. Formerly RCW
18.44.920.]
18.44.904 Severability—1977 ex.s. c 156. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 156 § 33.
Formerly RCW 18.44.921.]
18.44.905 Severability—1979 c 70. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1979 c 70 § 2. Formerly RCW 18.44.922.]
Chapter 18.46
BIRTHING CENTERS
(Formerly: Maternity homes)
Sections
18.46.005
18.46.010
18.46.020
18.46.030
18.46.040
18.46.050
18.46.055
Purpose.
Definitions.
License required.
Application for license—Fee.
License—Issuance—Renewal—Limitations—Display.
Actions against license.
License suspension—Nonpayment or default on educational
loan or scholarship.
18.46.060 Rules.
18.46.070 Rules—Time for compliance.
18.46.080 Inspections—Approval of new facilities.
18.46.090 Information confidential.
18.46.110 Fire protection—Duties of chief of the Washington state
patrol.
18.46.120 Operating without license—Penalty.
18.46.130 Operating without license—Injunction.
18.46.140 Application of chapter to birthing centers operated by certain
religious organizations.
18.46.900 Severability—1951 c 168.
Abortion: Chapter 9.02 RCW.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Filing certificate of birth: RCW 70.58.080.
(2002 Ed.)
Birthing Centers
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
18.46.005 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of birthing
centers, which, in the light of advancing knowledge, will
promote safe and adequate care and treatment of the individuals therein. [2000 c 93 § 29; 1951 c 168 § 1.]
18.46.010 Definitions. (1) "Birthing center" or
"childbirth center" means any health facility, not part of a
hospital or in a hospital, that provides facilities and staff to
support a birth service to low-risk maternity clients:
PROVIDED, HOWEVER, That this chapter shall not apply
to any hospital approved by the American College of
Surgeons, American Osteopathic Association, or its successor.
(2) "Department" means the state department of health.
(3) "Low-risk" means normal, uncomplicated prenatal
course as determined by adequate prenatal care and prospects
for a normal uncomplicated birth as defined by reasonable
and generally accepted criteria of maternal and fetal health.
(4) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof. [2000 c 93 § 30; 1991 c 3
§ 100; 1985 c 213 § 8; 1979 c 141 § 32; 1951 c 168 § 2.
Prior: 1943 c 214 § 1; Rem. Supp. 1943 § 6130-47.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.020 License required. After July 1, 1951, no
person shall operate a birthing center in this state without a
license under this chapter. [2000 c 93 § 31; 1951 c 168 §
3. Prior: 1943 c 214 § 2; Rem. Supp. 1943 § 6130-48.]
18.46.030 Application for license—Fee. An application for license shall be made to the department upon forms
provided by it and shall contain such information as the
department reasonably requires, which may include affirmative evidence of ability to comply with rules and regulations
as are lawfully prescribed hereunder. Each application for
license or renewal of license shall be accompanied by a
license fee as established by the department under RCW
43.20B.110: PROVIDED, That no fee shall be required of
charitable or nonprofit or government-operated institutions.
[1987 c 75 § 4; 1982 c 201 § 5; 1951 c 168 § 4.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.46.040 License—Issuance—Renewal—
Limitations—Display. Upon receipt of an application for
a license and the license fee, the licensing agency shall issue
a license if the applicant and the birthing center meet the
requirements established under this chapter. A license,
unless suspended or revoked, shall be renewable annually.
Applications for renewal shall be on forms provided by the
department and shall be filed in the department not less than
ten days prior to its expiration. Each application for renewal
shall be accompanied by a license fee as established by the
department under RCW 43.20B.110. Each license shall be
(2002 Ed.)
Chapter 18.46
issued only for the premises and persons named in the
application and shall not be transferable or assignable except
with the written approval of the department. Licenses shall
be posted in a conspicuous place on the licensed premises.
[2000 c 93 § 32; 1987 c 75 § 5; 1982 c 201 § 6; 1951 c 168
§ 5. Prior: 1943 c 214 § 3; Rem. Supp. 1943 § 6130-49.]
Savings—Severability—1987 c 75: See RCW 43.20B.900 and
43.20B.901.
18.46.050 Actions against license. (1) The department may deny, suspend, or revoke a license in any case in
which it finds that there has been failure or refusal to
comply with the requirements established under this chapter
or the rules adopted under it.
(2) The department shall immediately suspend the
license of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department’s receipt of a release issued by the department of social and health services stating that the person is
in compliance with the order.
RCW 43.70.115 governs notice of a license denial,
revocation, suspension, or modification and provides the
right to an adjudicative proceeding but shall not apply to
actions taken under subsection (2) of this section. [1997 c
58 § 823; 1991 c 3 § 101; 1989 c 175 § 63; 1985 c 213 § 9;
1951 c 168 § 6.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.055 License suspension—Nonpayment or
default on educational loan or scholarship. The department shall suspend the license of any person who has been
certified by a lending agency and reported to the department
for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the department
a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements
for licensure during the suspension, reinstatement shall be
[Title 18 RCW—page 147]
18.46.055
Title 18 RCW: Businesses and Professions
automatic upon receipt of the notice and payment of any
reinstatement fee the department may impose. [1996 c 293
§ 12.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.46.060 Rules. The department, after consultation
with representatives of birthing center operators, state
medical association, Washington Osteopathic Association,
state nurses association, state hospital association, state
midwives association, and any other representatives as the
department may deem necessary, shall adopt, amend, and
promulgate such rules and regulations with respect to all
birthing centers in the promotion of safe and adequate
medical and nursing care in the birthing center and the
sanitary, hygienic, and safe condition of the birthing center
in the interest of the health, safety, and welfare of the
people. [2000 c 93 § 33; 1985 c 213 § 10; 1951 c 168 § 7.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
18.46.070 Rules—Time for compliance. Any
birthing center which is in operation at the time of promulgation of any applicable rules or regulations under this
chapter shall be given a reasonable time, under the particular
circumstances, not to exceed three months from the date of
such promulgation, to comply with the rules and regulations
established under this chapter. [2000 c 93 § 34; 1951 c 168
§ 8.]
18.46.080 Inspections—Approval of new facilities.
The department shall make or cause to be made an inspection and investigation of all birthing centers, and every
inspection may include an inspection of every part of the
premises. The department may make an examination of all
records, methods of administration, the general and special
dietary and the stores and methods of supply. The department may prescribe by regulation that any licensee or
applicant desiring to make specified types of alteration or
addition to its facilities or to construct new facilities shall
before commencing such alterations, addition, or new construction submit plans and specifications therefor to the
department for preliminary inspection and approval or
recommendations with respect to compliance with regulations and standards herein authorized. Necessary conferences and consultations may be provided. [2000 c 93 § 35;
1951 c 168 § 9. Prior: 1943 c 214 § 4; Rem. Supp. 1943
§ 6130-50.]
18.46.090 Information confidential. All information
received by the department through filed reports, inspection,
or as otherwise authorized under this chapter shall not be
disclosed publicly in any manner as to identify individuals
or birthing centers except in a proceeding involving the
question of licensure. [2000 c 93 § 36; 1951 c 168 § 10.]
18.46.110 Fire protection—Duties of chief of the
Washington state patrol. Fire protection with respect to all
birthing centers to be licensed hereunder, shall be the
responsibility of the chief of the Washington state patrol,
through the director of fire protection, who shall adopt by
reference, such recognized standards as may be applicable to
[Title 18 RCW—page 148]
nursing homes, places of refuge, and birthing centers for the
protection of life against the cause and spread of fire and fire
hazards. The department upon receipt of an application for
a license, shall submit to the chief of the Washington state
patrol, through the director of fire protection, in writing, a
request for an inspection, giving the applicant’s name and
the location of the premises to be licensed. Upon receipt of
such a request, the chief of the Washington state patrol,
through the director of fire protection, or his or her deputy,
shall make an inspection of the birthing center to be licensed, and if it is found that the premises do not comply
with the required safety standards and fire regulations as
promulgated by the chief of the Washington state patrol,
through the director of fire protection, he or she shall
promptly make a written report to the department as to the
manner in which the premises may qualify for a license and
set forth the conditions to be remedied with respect to fire
regulations. The department, applicant or licensee shall
notify the chief of the Washington state patrol, through the
director of fire protection, upon completion of any requirements made by him or her, and the chief of the Washington
state patrol, through the director of fire protection, or his or
her deputy, shall make a reinspection of such premises.
Whenever the birthing center to be licensed meets with the
approval of the chief of the Washington state patrol, through
the director of fire protection, he or she shall submit to the
department, a written report approving same with respect to
fire protection before a license can be issued. The chief of
the Washington state patrol, through the director of fire
protection, shall make or cause to be made such inspection
of such birthing centers as he or she deems necessary.
In cities which have in force a comprehensive building
code, the regulation of which is equal to the minimum
standards of the code for birthing centers adopted by the
chief of the Washington state patrol, through the director of
fire protection, the building inspector and the chief of the
fire department, provided the latter is a paid chief of a paid
fire department, shall make the inspection and shall approve
the premises before a license can be issued.
In cities where such building codes are in force, the
chief of the Washington state patrol, through the director of
fire protection, may, upon request by the chief fire official,
or the local governing body, or of a taxpayer of such city,
assist in the enforcement of any such code pertaining to
birthing centers. [2000 c 93 § 37; 1995 c 369 § 5; 1986 c
266 § 82; 1951 c 168 § 12.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.46.120 Operating without license—Penalty. Any
person operating or maintaining any birthing center without
a license under this chapter shall be guilty of a misdemeanor. Each day of a continuing violation after conviction
shall be considered a separate offense. [2000 c 93 § 38;
1951 c 168 § 13.]
18.46.130 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department may in the manner provided by law, upon the
advice of the attorney general who shall represent the
(2002 Ed.)
Birthing Centers
department in all proceedings, maintain an action in the
name of the state for an injunction or other process against
any person to restrain or prevent the operation or maintenance of a birthing center not licensed under this chapter.
[2000 c 93 § 39; 1951 c 168 § 14.]
18.46.130
Record as to patients or inmates for purposes of vital statistics: RCW
70.58.270.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
Injunctions: Chapter 7.40 RCW.
18.50.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.46.140 Application of chapter to birthing centers
operated by certain religious organizations. Nothing in
this chapter or the rules and regulations adopted pursuant
thereto shall be construed as authorizing the supervision,
regulation, or control of the remedial and nursing care of
patients in any birthing center as defined in this chapter,
conducted for or by members of a recognized religious sect,
denomination, or organization which in accordance with its
creed, tenets, or principles depends for healing upon prayer
in the practice of religion, nor shall the existence of any of
the above conditions militate against the licensing of such
facility. [2000 c 93 § 40; 1951 c 168 § 15.]
18.50.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Midwife" means a midwife licensed under this
chapter.
(4) "Physician" means a physician licensed under
chapter 18.57 or 18.71 RCW. [1991 c 3 § 102; 1987 c 467
§ 1; 1981 c 53 § 2.]
18.46.900 Severability—1951 c 168. If any provision
of this chapter or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not
affect the provisions or application of this chapter which can
be given effect without the invalid provision or application,
and to this end the provisions of the chapter are declared to
be severable. [1951 c 168 § 17.]
Chapter 18.50
MIDWIFERY
Sections
18.50.003
18.50.005
18.50.010
Regulation of health care professions—Criteria.
Definitions.
Practicing midwifery defined—Gratuitous services—Duty to
consult with physician.
18.50.020 License required.
18.50.030 Exemptions—Practice of religion—Treatment by prayer.
18.50.032 Exemptions—Registered nurses and nurse midwives.
18.50.034 Exemptions—Persons enrolled in midwifery programs.
18.50.040 Candidates for examination—Application—Eligibility—
Student midwife permits.
18.50.045 Midwifery education programs—Accreditation.
18.50.050 Compliance with secretary’s determination.
18.50.060 Examinations—Times and places—Subjects—Issuance of
license.
18.50.065 Credentialing by endorsement.
18.50.102 Registration—Renewal fee.
18.50.105 Inform patient of qualifications of midwife—Form.
18.50.108 Written plan for consultation, emergency transfer, and transport.
18.50.115 Administration of drugs and medications—Rules.
18.50.126 Application of uniform disciplinary act.
18.50.130 "Certificate" and "license" synonymous.
18.50.135 Rules.
18.50.140 Midwifery advisory committee—Generally.
18.50.150 Midwifery advisory committee—Advice and recommendations.
18.50.900 Repeal and saving.
Abortion: Chapter 9.02 RCW.
Actions for injuries resulting from health care: Chapter 7.70 RCW.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Filing certificate of birth: RCW 70.58.080.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
(2002 Ed.)
Effective date—1981 c 53: "Sections 1, 2, 5, 6, 8, 9, 10, 11, and 13
through 17 of this act shall take effect January 15, 1982." [1981 c 53 § 19.]
18.50.010 Practicing midwifery defined—Gratuitous
services—Duty to consult with physician. Any person
shall be regarded as practicing midwifery within the meaning
of this chapter who shall render medical aid for a fee or
compensation to a woman during prenatal, intrapartum, and
postpartum stages or who shall advertise as a midwife by
signs, printed cards, or otherwise. Nothing shall be construed in this chapter to prohibit gratuitous services. It shall
be the duty of a midwife to consult with a physician whenever there are significant deviations from normal in either
the mother or the infant. [1991 c 3 § 103; 1987 c 467 § 2;
1981 c 53 § 5; 1917 c 160 § 8; RRS § 10181. Formerly
RCW 18.50.010, 18.50.030, part, and 18.50.090.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.020 License required. Any person who shall
practice midwifery in this state after July 1, 1917, shall first
obtain from the secretary a license so to do, and the said
secretary is authorized to grant such license after examination of the applicant as hereinafter provided. [1991 c 3 §
104; 1917 c 160 § 1; RRS § 10174.]
18.50.030 Exemptions—Practice of religion—
Treatment by prayer. This chapter shall not be construed
to interfere in any way with the practice of religion, nor be
held to apply to or regulate any kind of treatment by prayer.
[1917 c 160 § 12; RRS § 10185. FORMER PART OF
SECTION: 1917 c 160 § 8, part; RRS § 10181, part, now
codified in RCW 18.50.010.]
Gratuitous services exempted: RCW 18.50.010.
18.50.032 Exemptions—Registered nurses and nurse
midwives. Registered nurses and nurse midwives certified
by the nursing care quality assurance commission under
chapter 18.79 RCW shall be exempt from the requirements
and provisions of this chapter. [1994 sp.s. c 9 § 704; 1981
c 53 § 10.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1981 c 53: See note following RCW 18.50.005.
[Title 18 RCW—page 149]
18.50.034
Title 18 RCW: Businesses and Professions
18.50.034 Exemptions—Persons enrolled in midwifery programs. Nothing in this chapter shall be construed
to apply to or interfere in any way with the practice of
midwifery by a person who is enrolled in a program of
midwifery approved and accredited by the secretary:
PROVIDED, That the performance of such services is only
pursuant to a regular course of instruction or assignment
from the student’s instructor, and that such services are
performed only under the supervision and control of a person
licensed in the state of Washington to perform services
encompassed under this chapter. [1991 c 3 § 105; 1981 c 53
§ 11.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.040 Candidates for examination—
Application—Eligibility—Student midwife permits. (1)
Any person seeking to be examined shall present to the secretary, at least forty-five days before the commencement of
the examination, a written application on a form or forms
provided by the secretary setting forth under affidavit such
information as the secretary may require and proof the
candidate has received a high school degree or its equivalent;
that the candidate is twenty-one years of age or older; that
the candidate has received a certificate or diploma from a
midwifery program accredited by the secretary and licensed
under chapter 28C.10 RCW, when applicable, or a certificate
or diploma in a foreign institution on midwifery of equal requirements conferring the full right to practice midwifery in
the country in which it was issued. The diploma must bear
the seal of the institution from which the applicant was
graduated. Foreign candidates must present with the
application a translation of the foreign certificate or diploma
made by and under the seal of the consulate of the country
in which the certificate or diploma was issued.
(2) The candidate shall meet the following conditions:
(a) Obtaining a minimum period of midwifery training
for at least three years including the study of the basic
nursing skills that the department shall prescribe by rule.
However, if the applicant is a registered nurse or licensed
practical nurse under chapter 18.79 RCW, or has had
previous nursing education or practical midwifery experience, the required period of training may be reduced
depending upon the extent of the candidate’s qualifications
as determined under rules adopted by the department. In no
case shall the training be reduced to a period of less than
two years.
(b) Meeting minimum educational requirements which
shall include studying obstetrics; neonatal pediatrics; basic
sciences; female reproductive anatomy and physiology;
behavioral sciences; childbirth education; community care;
obstetrical pharmacology; epidemiology; gynecology; family
planning; genetics; embryology; neonatology; the medical
and legal aspects of midwifery; nutrition during pregnancy
and lactation; breast feeding; nursing skills, including but not
limited to injections, administering intravenous fluids,
catheterization, and aseptic technique; and such other
requirements prescribed by rule.
(c) For a student midwife during training, undertaking
the care of not less than fifty women in each of the prenatal,
intrapartum, and early postpartum periods, but the same
women need not be seen through all three periods. A stu[Title 18 RCW—page 150]
dent midwife may be issued a permit upon the satisfactory
completion of the requirements in (a), (b), and (c) of this
subsection and the satisfactory completion of the licensure
examination required by RCW 18.50.060. The permit
permits the student midwife to practice under the supervision
of a midwife licensed under this chapter, a physician or a
certified nurse-midwife licensed under the authority of
chapter 18.79 RCW. The permit shall expire within one
year of issuance and may be extended as provided by rule.
(d) Observing an additional fifty women in the intrapartum period before the candidate qualifies for a license.
(3) Notwithstanding subsections (1) and (2) of this
section, the department shall adopt rules to provide credit
toward the educational requirements for licensure before July
1, 1988, of nonlicensed midwives, including rules to provide:
(a) Credit toward licensure for documented deliveries;
(b) The substitution of relevant experience for classroom
time; and
(c) That experienced lay midwives may sit for the
licensing examination without completing the required course
work.
The training required under this section shall include
training in either hospitals or alternative birth settings or
both with particular emphasis on learning the ability to
differentiate between low-risk and high-risk pregnancies.
[1994 sp.s. c 9 § 705; 1991 c 3 § 106; 1987 c 467 § 3; 1986
c 299 § 24; 1981 c 53 § 6; 1917 c 160 § 2; RRS § 10175.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—Effective date—1986 c 299: See RCW 28C.10.900
and 28C.10.902.
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.045 Midwifery education programs—
Accreditation. The secretary shall promulgate standards by
rule under chapter 34.05 RCW for accrediting midwifery
educational programs. The standards shall cover the
provision of adequate clinical and didactic instruction in all
subjects and noncurriculum matters under this section
including, but not limited to, staffing and teacher qualifications. In developing the standards, the secretary shall be advised by and receive the recommendations of the midwifery
advisory committee. [1991 c 3 § 107; 1981 c 53 § 7.]
18.50.050 Compliance with secretary’s determination. Applicants shall comply with administrative procedures, administrative requirements, and fees determined by
the secretary as provided by RCW 43.70.250 and 43.70.280.
[1996 c 191 § 24; 1991 c 3 § 108; 1985 c 7 § 48; 1975 1st
ex.s. c 30 § 51; 1917 c 160 § 3; RRS § 10176.]
Limitation on increases in midwifery fees: RCW 43.24.086.
18.50.060 Examinations—Times and places—
Subjects—Issuance of license. (1) The secretary is hereby
authorized and empowered to execute the provisions of this
chapter and shall offer examinations in midwifery at least
twice a year at such times and places as the secretary may
select. The examinations shall be written and shall be in the
English language.
(2) The secretary, with the assistance of the midwifery
advisory committee, shall develop or approve a licensure
(2002 Ed.)
Midwifery
examination in the subjects that the secretary determines are
within the scope of and commensurate with the work
performed by a licensed midwife. The examination shall be
sufficient to test the scientific and practical fitness of
candidates to practice midwifery. All application papers
shall be deposited with the secretary and there retained for
at least one year, when they may be destroyed.
(3) If the examination is satisfactorily completed, the
secretary shall issue to such candidate a license entitling the
candidate to practice midwifery in the state of Washington.
[1991 c 3 § 109; 1987 c 467 § 4; 1981 c 53 § 8; 1979 c 158
§ 43; 1917 c 160 § 4; RRS § 10177.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.065 Credentialing by endorsement. An
applicant holding a credential in another state may be
credentialed to practice in this state without examination if
the secretary determines that the other state’s credentialing
standards are substantially equivalent to the standards in this
state. [1991 c 332 § 32.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.50.102 Registration—Renewal fee. Every person
licensed to practice midwifery shall register with the secretary and pay a renewal fee determined by the secretary as
provided in RCW 43.70.250 and 43.70.280. [1996 c 191 §
25; 1991 c 3 § 110; 1985 c 7 § 49; 1981 c 53 § 13.]
Effective date—1981 c 53: See note following RCW 18.50.005.
Limitation on increases in midwifery fees: RCW 43.24.086.
18.50.105 Inform patient of qualifications of
midwife—Form. The secretary, with the advice of the
midwifery advisory committee, shall develop a form to be
used by a midwife to inform the patient of the qualifications
of a licensed midwife. [1991 c 3 § 111; 1981 c 53 § 12.]
18.50.108 Written plan for consultation, emergency
transfer, and transport. Every licensed midwife shall
develop a written plan for consultation with other health care
providers, emergency transfer, transport of an infant to a
newborn nursery or neonatal intensive care nursery, and
transport of a woman to an appropriate obstetrical department or patient care area. The written plan shall be submitted annually together with the license renewal fee to the
department. [1981 c 53 § 14.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.115 Administration of drugs and medications—Rules. A midwife licensed under this chapter may
obtain and administer prophylactic ophthalmic medication,
postpartum oxytocic, vitamin K, Rho immune globulin
(human), and local anesthetic and may administer such other
drugs or medications as prescribed by a physician. A
pharmacist who dispenses such drugs to a licensed midwife
shall not be liable for any adverse reactions caused by any
method of use by the midwife.
The secretary, after consultation with representatives of
the midwife advisory committee, the board of pharmacy, and
the medical quality assurance commission, may adopt rules
(2002 Ed.)
18.50.060
that authorize licensed midwives to purchase and use legend
drugs and devices in addition to the drugs authorized in this
chapter. [1994 sp.s. c 9 § 707; 1991 c 3 § 112; 1987 c 467
§ 6.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.50.126 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 31; 1986 c 259 § 75.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.50.130 "Certificate" and "license" synonymous.
The words "certificate" and "license" shall be known as
interchangeable terms in this chapter. [1917 c 160 § 11;
RRS § 10184.]
18.50.135 Rules. The secretary shall promulgate rules
under chapter 34.05 RCW as are necessary to carry out the
purposes of this chapter. [1991 c 3 § 113; 1981 c 53 § 15.]
Effective date—1981 c 53: See note following RCW 18.50.005.
18.50.140 Midwifery advisory committee—
Generally. The midwifery advisory committee is created.
The committee shall be composed of one physician who
is a practicing obstetrician; one practicing physician; one
certified nurse midwife licensed under chapter 18.79 RCW;
three midwives licensed under this chapter; and one public
member, who shall have no financial interest in the rendering of health services. The committee may seek other
consultants as appropriate, including persons trained in
childbirth education and perinatology or neonatology.
The members are appointed by the secretary and serve
at the pleasure of the secretary but may not serve more than
five years consecutively. The terms of office shall be
staggered. Members of the committee shall be reimbursed
for travel expenses as provided in RCW 43.03.050 and
43.03.060. [1994 sp.s. c 9 § 706; 1991 c 3 § 114; 1987 c
467 § 5; 1981 c 53 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.50.150 Midwifery advisory committee—Advice
and recommendations. The midwifery advisory committee
shall advise and make recommendations to the secretary on
issues including, but not limited to, continuing education,
mandatory reexamination, and peer review. [1998 c 245 §
6; 1991 c 3 § 115; 1981 c 53 § 4.]
18.50.900 Repeal and saving. All acts or parts of
acts inconsistent with the provisions of this chapter may be
and the same are hereby repealed: PROVIDED, This
chapter shall not repeal the provisions of the vital statistics
laws of the state, but shall be deemed as additional and
cumulative provisions. [1917 c 160 § 10.]
[Title 18 RCW—page 151]
Chapter 18.51
Title 18 RCW: Businesses and Professions
Chapter 18.51
NURSING HOMES
Sections
18.51.005
18.51.007
18.51.009
18.51.010
18.51.030
18.51.040
18.51.050
18.51.054
18.51.060
18.51.065
18.51.065
18.51.067
18.51.070
18.51.091
18.51.140
18.51.145
18.51.150
18.51.160
18.51.170
18.51.180
18.51.185
18.51.190
18.51.200
18.51.210
18.51.220
18.51.230
18.51.240
18.51.250
18.51.260
18.51.270
18.51.280
18.51.290
18.51.300
18.51.310
18.51.320
18.51.350
18.51.400
18.51.410
18.51.420
18.51.430
18.51.440
18.51.450
18.51.460
18.51.470
18.51.480
18.51.490
18.51.500
18.51.510
18.51.520
18.51.530
18.51.540
18.51.900
18.51.910
18.51.911
Purpose.
Legislative intent.
Resident rights.
Definitions.
License required.
Application for license.
License—Issuance, renewal—Fee—Display.
Denial of license.
Penalties—Grounds.
Penalties—Hearing (as amended by 1989 c 175).
Penalties—Hearing (as amended by 1989 c 372).
License suspension—Noncompliance with support order—
Reissuance.
Rules.
Inspection of nursing homes and community-based services—Notice of violations—Approval of alterations or
new facilities.
Fire protection—Duties of chief of the Washington state
patrol.
Building inspections—Authority of chief of the Washington
state patrol.
Operating without license—Penalty.
Operating without license—Injunction.
Application of chapter to homes or institutions operated by
certain religious organizations.
Out-patient services—Authorized—Defined.
Out-patient services—Cost studies—Vendor rates.
Complaint of violation—Request for inspection—Notice—
Confidentiality.
Preliminary review of complaint—On-site investigation.
Authority to enter and inspect nursing home—Advance
notice—Defense.
Retaliation or discrimination against complainant prohibited,
penalty—Presumption.
General inspection before license renewal—Required—
Advance notice prohibited.
Alterations or additions—Preliminary inspection and approval.
Nursing homes without violations—Public agencies notified—Priority.
Posting citations for violation of RCW 18.51.060.
Annual report of citations—Publication—Contents.
Chapter cumulative.
Writings as public records.
Retention and preservation of records of patients.
Comprehensive plan for utilization review—Licensing standards—Regulations.
Contact with animals—Rules.
Conflict with federal requirements.
Receivership—Legislative findings.
Receivership—Petition to establish—Grounds.
Receivership—Defenses to petition.
Receivership—Persons qualified to act as receiver.
Receivership—Judicial hearing.
Receivership—Appointment of receiver.
Receivership—Termination—Conditions.
Receivership—Accounting of acts and expenditures by receiver.
Receivership—Compensation, liability—Revision of medicaid reimbursement rate.
Receivership—Powers of receiver.
Receivership—Financial assistance—Use of revenues and
proceeds of facility.
Receivership—State medical assistance.
Receivership—Foreclosures and seizures not allowed.
Notice of change of ownership or management.
Cost disclosure to attending physicians.
Severability—1951 c 117.
Nursing home advisory council—Termination.
Nursing home advisory council—Repeal.
[Title 18 RCW—page 152]
Birthing centers: Chapter 18.46 RCW.
Boarding homes: Chapter 18.20 RCW.
Employment of dental hygienist without supervision of dentist authorized:
RCW 18.29.056.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
Resident care, operating standards: Chapter 74.42 RCW.
18.51.005 Purpose. The purpose of this chapter is to
provide for the development, establishment, and enforcement
of standards for the maintenance and operation of nursing
homes, which, in the light of advancing knowledge, will
promote safe and adequate care and treatment of the individuals therein. An important secondary purpose is the improvement of nursing home practices by educational methods
so that such practices eventually exceed the minimum requirements of the basic law and its original standards. [1951
c 117 § 1.]
18.51.007 Legislative intent. It is the intent of the
legislature in enacting chapter 99, Laws of 1975 1st ex. sess.
to establish (1) a system for the imposition of prompt and
effective sanctions against nursing homes in violation of the
laws and regulations of this state relating to patient care; (2)
an inspection and reporting system to insure that nursing
homes are in compliance with state statutes and regulations
pertaining to patient care; and (3) a mechanism to insure that
licenses are issued to or retained by only those nursing
homes that meet state standards for resident health and
safety. [1981 1st ex.s. c 2 § 14; 1975 1st ex.s. c 99 § 3.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.009 Resident rights. RCW 70.129.007,
70.129.105, and 70.129.150 through 70.129.170 apply to this
chapter and persons regulated under this chapter. [1994 c
214 § 22.]
Severability—Conflict with federal requirements—Captions not
law—1994 c 214: See RCW 70.129.900 through 70.129.902.
18.51.010 Definitions. (1) "Nursing home" means any
home, place or institution which operates or maintains
facilities providing convalescent or chronic care, or both, for
a period in excess of twenty-four consecutive hours for three
or more patients not related by blood or marriage to the
operator, who by reason of illness or infirmity, are unable
properly to care for themselves. Convalescent and chronic
care may include but not be limited to any or all procedures
commonly employed in waiting on the sick, such as administration of medicines, preparation of special diets, giving of
bedside nursing care, application of dressings and bandages,
and carrying out of treatment prescribed by a duly licensed
practitioner of the healing arts. It may also include care of
mentally incompetent persons. It may also include community-based care. Nothing in this definition shall be construed
to include general hospitals or other places which provide
care and treatment for the acutely ill and maintain and
operate facilities for major surgery or obstetrics, or both.
Nothing in this definition shall be construed to include any
boarding home, guest home, hotel or related institution
which is held forth to the public as providing, and which is
(2002 Ed.)
Nursing Homes
operated to give only board, room and laundry to persons not
in need of medical or nursing treatment or supervision
except in the case of temporary acute illness. The mere
designation by the operator of any place or institution as a
hospital, sanitarium, or any other similar name, which does
not provide care for the acutely ill and maintain and operate
facilities for major surgery or obstetrics, or both, shall not
exclude such place or institution from the provisions of this
chapter: PROVIDED, That any nursing home providing
psychiatric treatment shall, with respect to patients receiving
such treatment, comply with the provisions of RCW
71.12.560 and 71.12.570.
(2) "Person" means any individual, firm, partnership,
corporation, company, association, or joint stock association,
and the legal successor thereof.
(3) "Secretary" means the secretary of the department of
social and health services.
(4) "Department" means the state department of social
and health services.
(5) "Community-based care" means but is not limited to
the following:
(a) Home delivered nursing services;
(b) Personal care;
(c) Day care;
(d) Nutritional services, both in-home and in a communal dining setting;
(e) Habilitation care; and
(f) Respite care. [1983 c 236 § 1; 1981 1st ex.s. c 2 §
15; 1973 1st ex.s. c 108 § 1; 1953 c 160 § 1; 1951 c 117 §
2.]
Construction—1983 c 236: "Nothing in this 1983 act affects the
provisions of chapter 70.38 RCW." [1983 c 236 § 3.]
Severability—1981 1st ex.s. c 2: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 1st ex.s. c 2 § 28.]
Effective dates—1981 1st ex.s. c 2: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions. Sections 1, 2,
3, and 10 through 26 of this act shall take effect on July 1, 1981. Section
4 of this act shall take effect on July 1, 1983. Sections 5 through 9 of this
act shall take effect on July 1, 1984." [1981 1st ex.s. c 2 § 27.]
18.51.030 License required. After July 1, 1951 no
person shall operate or maintain a nursing home in this state
without a license under this chapter. [1951 c 117 § 4.]
18.51.040 Application for license. An application for
license shall be made to the department upon forms provided
by it and shall contain such information as the department
reasonably requires, which may include affirmative evidence
of ability to comply with the rules and regulations as are
lawfully prescribed hereunder. [1953 c 160 § 3; 1951 c 117
§ 5.]
18.51.050 License—Issuance, renewal—Fee—
Display. Upon receipt of an application for license, the
department shall issue a license if the applicant and the
nursing home facilities meet the requirements established
under this chapter, except that the department shall issue a
temporary license to a court-appointed receiver for a period
not to exceed six months from the date of appointment.
(2002 Ed.)
18.51.010
Prior to the issuance or renewal of the license, the licensee
shall pay a license fee as established by the department. No
fee shall be required of government operated institutions or
court-appointed receivers. All licenses issued under the
provisions of this chapter shall expire on a date to be set by
the department, but no license issued pursuant to this chapter
shall exceed thirty-six months in duration. When a change
of ownership occurs, the entity becoming the licensed
operating entity of the facility shall pay a fee established by
the department at the time of application for the license.
The previously determined date of license expiration shall
not change. The department shall establish license fees at an
amount adequate to reimburse the department in full for all
costs of its licensing activities for nursing homes, adjusted
to cover the department’s cost of reimbursing such fees
through medicaid.
All applications and fees for renewal of the license shall
be submitted to the department not later than thirty days
prior to the date of expiration of the license. All applications and fees for change of ownership licenses shall be
submitted to the department not later than sixty days before
the date of the proposed change of ownership. Each license
shall be issued only to the operating entity and those persons
named in the license application. The license is valid only
for the operation of the facility at the location specified in
the license application. Licenses are not transferable or
assignable. Licenses shall be posted in a conspicuous place
on the licensed premises. [1991 sp.s. c 8 § 1; 1989 c 372 §
1; 1985 c 284 § 4; 1981 2nd ex.s. c 11 § 2; 1981 1st ex.s.
c 2 § 17; 1975 1st ex.s. c 99 § 1; 1971 ex.s. c 247 § 2; 1953
c 160 § 4; 1951 c 117 § 6.]
Effective date—1991 sp.s. c 8: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1991." [1991 sp.s. c 8 § 21.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.054 Denial of license. The department may
deny a license to any applicant if the department finds that
the applicant or any partner, officer, director, managerial
employee, or owner of five percent or more of the applicant:
(1) Operated a nursing home without a license or under
a revoked or suspended license; or
(2) Knowingly or with reason to know made a false
statement of a material fact (a) in an application for license
or any data attached thereto, or (b) in any matter under
investigation by the department; or
(3) Refused to allow representatives or agents of the
department to inspect (a) all books, records, and files
required to be maintained or (b) any portion of the premises
of the nursing home; or
(4) Willfully prevented, interfered with, or attempted to
impede in any way (a) the work of any authorized representative of the department or (b) the lawful enforcement of any
provision of this chapter or chapter 74.42 RCW; or
(5) Has a history of significant noncompliance with
federal or state regulations in providing nursing home care.
In deciding whether to deny a license under this section, the
factors the department considers shall include the gravity and
frequency of the noncompliance. [1989 c 372 § 7; 1985 c
284 § 1.]
[Title 18 RCW—page 153]
18.51.060
Title 18 RCW: Businesses and Professions
18.51.060 Penalties—Grounds. (1) In any case in
which the department finds that a licensee, or any partner,
officer, director, owner of five percent or more of the assets
of the nursing home, or managing employee failed or refused
to comply with the requirements of this chapter or of chapter
74.42 RCW, or the standards, rules and regulations established under them or, in the case of a Medicaid contractor,
failed or refused to comply with the Medicaid requirements
of Title XIX of the social security act, as amended, and
regulations promulgated thereunder, the department may take
any or all of the following actions:
(a) Suspend, revoke, or refuse to renew a license;
(b) Order stop placement;
(c) Assess monetary penalties of a civil nature;
(d) Deny payment to a nursing home for any Medicaid
resident admitted after notice to deny payment. Residents
who are Medicaid recipients shall not be responsible for
payment when the department takes action under this
subsection;
(e) Appoint temporary management as provided in
subsection (7) of this section.
(2) The department may suspend, revoke, or refuse to
renew a license, assess monetary penalties of a civil nature,
or both, in any case in which it finds that the licensee, or
any partner, officer, director, owner of five percent or more
of the assets of the nursing home, or managing employee:
(a) Operated a nursing home without a license or under
a revoked or suspended license; or
(b) Knowingly or with reason to know made a false
statement of a material fact in his application for license or
any data attached thereto, or in any matter under investigation by the department; or
(c) Refused to allow representatives or agents of the
department to inspect all books, records, and files required
to be maintained or any portion of the premises of the
nursing home; or
(d) Willfully prevented, interfered with, or attempted to
impede in any way the work of any duly authorized representative of the department and the lawful enforcement of
any provision of this chapter or of chapter 74.42 RCW; or
(e) Willfully prevented or interfered with any representative of the department in the preservation of evidence of
any violation of any of the provisions of this chapter or of
chapter 74.42 RCW or the standards, rules, and regulations
adopted under them; or
(f) Failed to report patient abuse or neglect in violation
of chapter 70.124 RCW; or
(g) Fails to pay any civil monetary penalty assessed by
the department pursuant to this chapter within ten days after
such assessment becomes final.
(3) The department shall deny payment to a nursing
home having a Medicaid contract with respect to any
Medicaid-eligible individual admitted to the nursing home
when:
(a) The department finds the nursing home not in
compliance with the requirements of Title XIX of the social
security act, as amended, and regulations promulgated
thereunder, and the facility has not complied with such
requirements within three months; in such case, the department shall deny payment until correction has been achieved;
or
[Title 18 RCW—page 154]
(b) The department finds on three consecutive standard
surveys that the nursing home provided substandard quality
of care; in such case, the department shall deny payment for
new admissions until the facility has demonstrated to the
satisfaction of the department that it is in compliance with
Medicaid requirements and that it will remain in compliance
with such requirements.
(4)(a) Civil penalties collected under this section or
under chapter 74.42 RCW shall be deposited into a special
fund administered by the department to be applied to the
protection of the health or property of residents of nursing
homes found to be deficient, including payment for the costs
of relocation of residents to other facilities, maintenance of
operation of a facility pending correction of deficiencies or
closure, and reimbursement of residents for personal funds
lost.
(b) Civil monetary penalties, if imposed, may be
assessed and collected, with interest, for each day a nursing
home is or was out of compliance. Civil monetary penalties
shall not exceed three thousand dollars per violation. Each
day upon which the same or a substantially similar action
occurs is a separate violation subject to the assessment of a
separate penalty.
(c) Any civil penalty assessed under this section or
chapter 74.46 RCW shall be a nonreimbursable item under
chapter 74.46 RCW.
(5)(a) The department shall order stop placement on a
nursing home, effective upon oral or written notice, when the
department determines:
(i) The nursing home no longer substantially meets the
requirements of chapter 18.51 or 74.42 RCW, or in the case
of medicaid contractors, the requirements of Title XIX of the
social security act, as amended, and any regulations promulgated under such statutes; and
(ii) The deficiency or deficiencies in the nursing home:
(A) Jeopardize the health and safety of the residents, or
(B) Seriously limit the nursing home’s capacity to
provide adequate care.
(b) When the department has ordered a stop placement,
the department may approve a readmission to the nursing
home from a hospital when the department determines the
readmission would be in the best interest of the individual
seeking readmission.
(c) The department shall terminate the stop placement
when:
(i) The provider states in writing that the deficiencies
necessitating the stop placement action have been corrected;
and
(ii) The department staff confirms in a timely fashion
not to exceed fifteen working days that:
(A) The deficiencies necessitating stop placement action
have been corrected, and
(B) The provider exhibits the capacity to maintain
adequate care and service.
(d) A nursing home provider shall have the right to an
informal review to present written evidence to refute the
deficiencies cited as the basis for the stop placement. A
request for an informal review must be made in writing
within ten days of the effective date of the stop placement.
(e) A stop placement shall not be delayed or suspended
because the nursing home requests a hearing pursuant to
(2002 Ed.)
Nursing Homes
chapter 34.05 RCW or an informal review. The stop placement shall remain in effect until:
(i) The department terminates the stop placement; or
(ii) The stop placement is terminated by a final agency
order, after a hearing, pursuant to chapter 34.05 RCW.
(6) If the department determines that an emergency
exists as a result of a nursing home’s failure or refusal to
comply with requirements of this chapter or, in the case of
a Medicaid contractor, its failure or refusal to comply with
Medicaid requirements of Title XIX of the social security
act, as amended, and rules adopted thereunder, the department may suspend the nursing home’s license and order the
immediate closure of the nursing home, the immediate
transfer of residents, or both.
(7) If the department determines that the health or safety
of residents is immediately jeopardized as a result of a
nursing home’s failure or refusal to comply with requirements of this chapter or, in the case of a medicaid contractor, its failure or refusal to comply with medicaid
requirements of Title XIX of the social security act, as
amended, and rules adopted thereunder, the department may
appoint temporary management to:
(a) Oversee the operation of the facility; and
(b) Ensure the health and safety of the facilities residents while:
(i) Orderly closure of the facility occurs; or
(ii) The deficiencies necessitating temporary management are corrected.
(8) The department shall by rule specify criteria as to
when and how the sanctions specified in this section shall be
applied. Such criteria shall provide for the imposition of
incrementally more severe penalties for deficiencies that are
repeated, uncorrected, pervasive, or present a threat to the
health, safety, or welfare of the residents. [1989 c 372 § 8;
1987 c 476 § 23; 1981 1st ex.s. c 2 § 18; 1979 ex.s. c 228
§ 10; 1975 1st ex.s. c 99 § 2; 1953 c 160 § 5; 1951 c 117 §
7.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.065 Penalties—Hearing (as amended by 1989 c 175). ((All
orders of the department denying, suspending, or revoking the license or
assessing a monetary penalty shall become final twenty days after the same
has been served upon the applicant or licensee unless a hearing is requested.
All hearings hereunder and judicial review of such determinations shall be
in accordance with the administrative procedure act, chapter 34.04 RCW.))
RCW 43.20A.205 governs notice of a license denial, revocation, suspension,
or modification and provides the right to an adjudicative proceeding. RCW
43.20A.215 governs notice of a civil fine and provides the right to an
adjudicative proceeding. [1989 c 175 § 64; 1981 1st ex.s. c 2 § 19; 1975
1st ex.s. c 99 § 16.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.51.065 Penalties—Hearing (as amended by 1989 c 372). (1) All
orders of the department denying, suspending, or revoking the license or
assessing a monetary penalty shall become final twenty days after the same
has been served upon the applicant or licensee unless a hearing is requested.
All orders of the department imposing stop placement, temporary management, emergency closure, emergency transfer, or license suspension, shall
be effective immediately upon notice. Orders of the department imposing
denial of payment shall become final twenty days after the same has been
served, unless a hearing is requested, except that such orders shall be
effective immediately upon notice and pending any hearing when the
department determines the deficiencies jeopardize the health and safety of
the residents or seriously limit the nursing home’s capacity to provide
adequate care. All hearings hereunder and judicial review of such
(2002 Ed.)
18.51.060
determinations shall be in accordance with the administrative procedure act,
chapter ((34.04)) 34.05 RCW, except that all orders of the department
imposing stop placement, temporary management, emergency closure,
emergency transfer, or license suspension shall be effective pending any
hearing, and except that chapter 34.05 RCW shall have no application to
receivership, which is instituted by direct petition to superior court as
provided for in RCW 18.51.410 through 18.51.520. [1989 c 372 § 9; 1981
1st ex.s. c 2 § 19; 1975 1st ex.s. c 99 § 16.]
Reviser’s note: RCW 18.51.065 was amended twice during the 1989
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.067 License suspension—Noncompliance with
support order—Reissuance. The department shall immediately suspend the license of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services, division of [child] support, as a person
who is not in compliance with a child support order or a
*residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the license shall be automatic upon
the department’s receipt of a release issued by the division
of child support stating that the person is in compliance with
the order. [1997 c 58 § 824.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.51.070 Rules. The department, after consultation
with the nursing home advisory council and the board of
health, shall adopt, amend, and promulgate such rules,
regulations, and standards with respect to all nursing homes
to be licensed hereunder as may be designed to further the
accomplishment of the purposes of this chapter in promoting
safe and adequate medical and nursing care of individuals in
nursing homes and the sanitary, hygienic and safe conditions
of the nursing home in the interest of public health, safety,
and welfare. [1979 ex.s. c 211 § 64; 1951 c 117 § 8.]
Effective date—1979 ex.s. c 211 § 64: "Section 64 of this 1979 act
is necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [May 30, 1979]." [1979 ex.s. c 211
§ 71.]
18.51.091 Inspection of nursing homes and community-based services—Notice of violations—Approval of
alterations or new facilities. The department shall make or
cause to be made at least one inspection of each nursing
home prior to license renewal and shall inspect communitybased services as part of the licensing renewal survey. The
inspection shall be made without providing advance notice
of it. Every inspection may include an inspection of every
part of the premises and an examination of all records,
[Title 18 RCW—page 155]
18.51.091
Title 18 RCW: Businesses and Professions
methods of administration, the general and special dietary
and the stores and methods of supply. Those nursing homes
that provide community-based care shall establish and
maintain separate and distinct accounting and other essential
records for the purpose of appropriately allocating costs of
the providing of such care: PROVIDED, That such costs
shall not be considered allowable costs for reimbursement
purposes under chapter 74.46 RCW. Following such
inspection or inspections, written notice of any violation of
this law or the rules and regulations promulgated hereunder,
shall be given the applicant or licensee and the department.
The notice shall describe the reasons for the facility’s
noncompliance. The department may prescribe by regulations that any licensee or applicant desiring to make specified types of alterations or additions to its facilities or to
construct new facilities shall, before commencing such
alteration, addition or new construction, submit its plans and
specifications therefor to the department for preliminary
inspection and approval or recommendations with respect to
compliance with the regulations and standards herein
authorized. [1987 c 476 § 24; 1983 c 236 § 2; 1981 2nd
ex.s. c 11 § 3; 1979 ex.s. c 211 § 63.]
Construction—1983 c 236: See note following RCW 18.51.010.
Effective date—1979 ex.s. c 211: See RCW 74.42.920.
Nursing home standards: Chapter 74.42 RCW.
18.51.140 Fire protection—Duties of chief of the
Washington state patrol. Standards for fire protection and
the enforcement thereof, with respect to all nursing homes to
be licensed hereunder, shall be the responsibility of the chief
of the Washington state patrol, through the director of fire
protection, who shall adopt such recognized standards as
may be applicable to nursing homes for the protection of life
against the cause and spread of fire and fire hazards. The
department upon receipt of an application for a license, shall
submit to the chief of the Washington state patrol, through
the director of fire protection, in writing, a request for an
inspection, giving the applicant’s name and the location of
the premises to be licensed. Upon receipt of such a request,
the chief of the Washington state patrol, through the director
of fire protection, or his or her deputy, shall make an
inspection of the nursing home to be licensed, and if it is
found that the premises do not comply with the required
safety standards and fire regulations as promulgated by the
chief of the Washington state patrol, through the director of
fire protection, he or she shall promptly make a written
report to the nursing home and the department as to the
manner and time allowed in which the premises must qualify
for a license and set forth the conditions to be remedied with
respect to fire regulations. The department, applicant or licensee shall notify the chief of the Washington state patrol,
through the director of fire protection, upon completion of
any requirements made by him or her, and the chief of the
Washington state patrol, through the director of fire protection, or his or her deputy, shall make a reinspection of such
premises. Whenever the nursing home to be licensed meets
with the approval of the chief of the Washington state patrol,
through the director of fire protection, he or she shall submit
to the department, a written report approving same with
respect to fire protection before a full license can be issued.
The chief of the Washington state patrol, through the director
[Title 18 RCW—page 156]
of fire protection, shall make or cause to be made inspections of such nursing homes at least every eighteen months.
In cities which have in force a comprehensive building
code, the provisions of which are determined by the chief of
the Washington state patrol, through the director of fire
protection, to be equal to the minimum standards of the code
for nursing homes adopted by the chief of the Washington
state patrol, through the director of fire protection, the chief
of the fire department, provided the latter is a paid chief of
a paid fire department, shall make the inspection with the
chief of the Washington state patrol, through the director of
fire protection, or his or her deputy and they shall jointly approve the premises before a full license can be issued.
[1995 1st sp.s. c 18 § 43; 1995 c 369 § 6; 1986 c 266 § 83;
1953 c 160 § 9; 1951 c 117 § 15.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
State fire protection: Chapter 48.48 RCW.
18.51.145 Building inspections—Authority of chief
of the Washington state patrol. Inspections of nursing
homes by local authorities shall be consistent with the
requirements of chapter 19.27 RCW, the state building code.
Findings of a serious nature shall be coordinated with the
department and the chief of the Washington state patrol,
through the director of fire protection, for determination of
appropriate actions to ensure a safe environment for nursing
home residents. The chief of the Washington state patrol,
through the director of fire protection, shall have exclusive
authority to determine appropriate corrective action under
this section. [1995 c 369 § 7; 1986 c 266 § 84; 1983 1st
ex.s. c 67 § 45; 1981 1st ex.s. c 2 § 16.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1983 1st ex.s. c 67: See RCW 74.46.905.
Effective dates—1983 1st ex.s. c 67: See note following RCW
74.46.901.
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
Conflict with federal requirements and this section: RCW 74.46.840.
18.51.150 Operating without license—Penalty. Any
person operating or maintaining any nursing home without
a license under this chapter shall be guilty of a misdemeanor
and each day of a continuing violation after conviction shall
be considered a separate offense. [1951 c 117 § 16.]
18.51.160 Operating without license—Injunction.
Notwithstanding the existence or use of any other remedy,
the department, may, in the manner provided by law, upon
the advice of the attorney general who shall represent the
department in the proceedings, maintain an action in the
name of the state for an injunction or other process against
any person to restrain or prevent the operation or maintenance of a nursing home without a license under this
chapter. [1951 c 117 § 17.]
Injunctions: Chapter 7.40 RCW.
(2002 Ed.)
Nursing Homes
18.51.170 Application of chapter to homes or
institutions operated by certain religious organizations.
Nothing in this chapter or the rules and regulations adopted
pursuant thereto shall be construed as authorizing the
supervision, regulation, or control of the remedial care or
treatment of residents or patients in any nursing home or
institution conducted for those who rely upon treatment by
prayer or spiritual means in accordance with the creed or
tenets of any well-recognized church or religious denomination, or for any nursing home or institution operated for the
exclusive care of members of a convent as defined in RCW
84.36.800 or rectory, monastery, or other institution operated
for the care of members of the clergy. [1977 c 48 § 1; 1951
c 117 § 21.]
18.51.180 Out-patient services—Authorized—
Defined. A nursing home may, pursuant to rules and
regulations adopted by the department of social and health
services, offer out-patient services to persons who are not
otherwise patients at such nursing home. Any certified
nursing home offering out-patient services may receive payments from the federal medicare program for such services
as are permissible under that program.
Out-patient services may include any health or social
care needs, except surgery, that could feasibly be offered on
an out-patient basis. [1973 1st ex.s. c 71 § 1.]
18.51.185 Out-patient services—Cost studies—
Vendor rates. The department of social and health services
shall assist the nursing home industry in researching the
costs of out-patient services allowed under RCW 18.51.180.
Such cost studies shall be utilized by the department in the
determination of reasonable vendor rates for nursing homes
offering such services to insure an adequate return to the
nursing homes and a cost savings to the state as compared
to the cost of institutionalization. [1973 1st ex.s. c 71 § 2.]
18.51.190 Complaint of violation—Request for
inspection—Notice—Confidentiality. Any person may
request an inspection of any nursing home subject to
licensing under this chapter in accordance with the provisions of this chapter by giving notice to the department of an
alleged violation of applicable requirements of state law.
The complainant shall be encouraged to submit a written,
signed complaint following a verbal report. The substance
of the complaint shall be provided to the licensee no earlier
than at the commencement of the inspection. Neither the
substance of the complaint provided the licensee nor any
copy of the complaint or record published, released, or
otherwise made available to the licensee shall disclose the
name of any individual complainant or other person mentioned in the complaint, except the name or names of any
duly authorized officer, employee, or agent of the department
conducting the investigation or inspection pursuant to this
chapter, unless such complainant specifically requests the
release of such name or names. [1981 1st ex.s. c 2 § 20;
1975 1st ex.s. c 99 § 4.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
(2002 Ed.)
18.51.170
18.51.200 Preliminary review of complaint—On-site
investigation. Upon receipt of a complaint, the department
shall make a preliminary review of the complaint. Unless
the department determines that the complaint is wilfully
intended to harass a licensee or is without any reasonable
basis, or unless the department has sufficient information
that corrective action has been taken, it shall make an on-site
investigation within a reasonable time after the receipt of the
complaint or otherwise ensure complaints are responded to.
In either event, the complainant shall be promptly informed
of the department’s proposed course of action. If the
complainant requests the opportunity to do so, the complainant or his representative, or both, may be allowed to accompany the inspector to the site of the alleged violations during
his tour of the facility, unless the inspector determines that
the privacy of any patient would be violated thereby. [1981
1st ex.s. c 2 § 21; 1975 1st ex.s. c 99 § 5.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.210 Authority to enter and inspect nursing
home—Advance notice—Defense. (1) Any duly authorized
officer, employee, or agent of the department may enter and
inspect any nursing home, including, but not limited to,
interviewing residents and reviewing records, at any time to
enforce any provision of this chapter. Inspections conducted
pursuant to complaints filed with the department shall be
conducted in such a manner as to ensure maximum effectiveness. No advance notice shall be given of any inspection
conducted pursuant to this chapter unless previously and
specifically authorized by the secretary or required by federal
law.
(2) Any public employee giving such advance notice in
violation of this section shall be suspended from all duties
without pay for a period of not less than five nor more than
fifteen days.
(3) In any hearing held pursuant to this chapter, it shall
be a defense to a violation relating to the standard of care to
be afforded public patients to show that the department does
not provide reasonable funds to meet the cost of reimbursement standard allegedly violated. [1981 1st ex.s. c 2 § 22;
1975 1st ex.s. c 99 § 6.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.220 Retaliation or discrimination against
complainant prohibited, penalty—Presumption. (1) No
licensee shall discriminate or retaliate in any manner against
a patient or employee in its nursing home on the basis or for
the reason that such patient or employee or any other person
has initiated or participated in any proceeding specified in
this chapter. A licensee who violates this section is subject
to a civil penalty of not more than three thousand dollars.
(2) Any attempt to expel a patient from a nursing home,
or any type of discriminatory treatment of a patient by
whom, or upon whose behalf, a complaint has been submitted to the department or any proceeding instituted under
or related to this chapter within one year of the filing of the
complaint or the institution of such action, shall raise a
rebuttable presumption that such action was taken by the
[Title 18 RCW—page 157]
18.51.220
Title 18 RCW: Businesses and Professions
licensee in retaliation for the filing of the complaint. [1987
c 476 § 25; 1975 1st ex.s. c 99 § 7.]
The report shall be available to the public, at cost, at all
offices of the department. [1975 1st ex.s. c 99 § 14.]
18.51.230 General inspection before license renewal—Required—Advance notice prohibited. The department shall, in addition to any inspections conducted pursuant
to complaints filed pursuant to RCW 18.51.190, conduct at
least one general inspection prior to license renewal of all
nursing homes in the state without providing advance notice
of such inspection. Periodically, such inspection shall take
place in part between the hours of 7 p.m. and 5 a.m. or on
weekends. [1981 2nd ex.s. c 11 § 4; 1975 1st ex.s. c 99 §
10.]
18.51.280 Chapter cumulative. The remedies
provided by this chapter are cumulative, and shall not be
construed as restricting any remedy, provisional or otherwise,
provided by law for the benefit of any party, and no judgment under this chapter shall preclude any party from
obtaining additional relief based upon the same facts. [1975
1st ex.s. c 99 § 8.]
18.51.240 Alterations or additions—Preliminary
inspection and approval. The department may prescribe by
regulations that any licensee or applicant desiring to make
specific types of alterations or additions to its facilities or to
construct new facilities shall, before commencing such
alteration, addition or new construction, submit its plans and
specifications therefor to the department for preliminary
inspection and approval or recommendations with respect to
compliance with the regulations and standards herein
authorized. [1981 1st ex.s. c 2 § 23; 1975 1st ex.s. c 99 §
11.]
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.250 Nursing homes without violations—Public
agencies notified—Priority. On or before February 1st of
each year, the department shall notify all public agencies
which refer patients to nursing homes of all of the nursing
homes in the area found upon inspection within the previous
twelve-month period to be without violations. Public
agencies shall give priority to such nursing homes in
referring publicly assisted patients. [1975 1st ex.s. c 99 §
12.]
18.51.260 Posting citations for violation of RCW
18.51.060. Each citation for a violation specified in RCW
18.51.060 which is issued pursuant to this section and which
has become final, or a copy or copies thereof, shall be
prominently posted, as prescribed in regulations issued by
the director, until the violation is corrected to the satisfaction
of the department up to a maximum of one hundred twenty
days. The citation or copy shall be posted in a place or
places in plain view of the patients in the nursing home,
persons visiting those patients, and persons who inquire
about placement in the facility. [1987 c 476 § 26; 1975 1st
ex.s. c 99 § 13.]
18.51.270 Annual report of citations—Publication—
Contents. The department shall annually publish a report
listing all licensees by name and address, indicating (1) the
number of citations and the nature of each citation issued to
each licensee during the previous twelve-month period and
the status of any action taken pursuant to each citation,
including penalties assessed, and (2) the nature and status of
action taken with respect to each uncorrected violation for
which a citation is outstanding.
[Title 18 RCW—page 158]
18.51.290 Writings as public records. Any writing
received, owned, used, or retained by the department in
connection with the provisions of this chapter is a public
record and, as such, is open to public inspection. Copies of
such records provided for public inspection shall comply
with RCW 42.17.260(1). The names of duly authorized
officers, employees, or agents of the department shall be
included. [1980 c 184 § 4; 1975 1st ex.s. c 99 § 9.]
Conflict with federal requirements—1980 c 184: See RCW
74.42.630.
18.51.300 Retention and preservation of records of
patients. Unless specified otherwise by the department, a
nursing home shall retain and preserve all records which
relate directly to the care and treatment of a patient for a
period of no less than eight years following the most recent
discharge of the patient; except the records of minors, which
shall be retained and preserved for a period of no less than
three years following attainment of the age of eighteen years,
or ten years following such discharge, whichever is longer.
If a nursing home ceases operations, it shall make
immediate arrangements, as approved by the department, for
preservation of its records.
The department shall by regulation define the type of
records and the information required to be included in the
records to be retained and preserved under this section;
which records may be retained in photographic form pursuant to chapter 5.46 RCW. [1995 1st sp.s. c 18 § 44; 1981
1st ex.s. c 2 § 24; 1975 1st ex.s. c 175 § 2.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
18.51.310 Comprehensive plan for utilization
review—Licensing standards—Regulations. (1) The
department shall establish, in compliance with federal and
state law, a comprehensive plan for utilization review as
necessary to safeguard against unnecessary utilization of care
and services and to assure quality care and services provided
to nursing facility residents.
(2) The department shall adopt licensing standards
suitable for implementing the civil penalty system authorized
under this chapter and chapter 74.46 RCW.
(3) No later than July 1, 1981, the department shall
adopt all those regulations which meet all conditions
necessary to fully implement the civil penalty system
authorized by this chapter, chapter 74.42 RCW, and chapter
74.46 RCW. [1991 sp.s. c 8 § 2; 1981 2nd ex.s. c 11 § 5;
(2002 Ed.)
Nursing Homes
1981 1st ex.s. c 2 § 12; 1980 c 184 § 5; 1979 ex.s. c 211 §
67; 1977 ex.s. c 244 § 1.]
Effective date—1991 sp.s. c 8: See note following RCW 18.51.050.
Severability—Effective dates—1981 1st ex.s. c 2: See notes
following RCW 18.51.010.
Conflict with federal requirements—1980 c 184: See RCW
74.42.630.
Effective date—1979 ex.s. c 211: See RCW 74.42.920.
18.51.320 Contact with animals—Rules. (1) A
nursing home licensee shall give each patient a reasonable
opportunity to have regular contact with animals. The
licensee may permit appropriate animals to live in the
facilities and may permit appropriate animals to visit if the
animals are properly supervised.
(2) The department shall adopt rules for the care, type,
and maintenance of animals in nursing home facilities.
[1984 c 127 § 2.]
Intent—1984 c 127: "The legislature finds that the senior citizens of
this state, particularly those living in low-income public housing or in
nursing homes, often lead lonely and harsh lives. The legislature recognizes
that the warmth and companionship provided by pets can significantly
improve the quality of senior citizens’ lives. This legislation is intended to
insure that senior citizens and persons in nursing homes will not be deprived
of access to pets." [1984 c 127 § 1.]
18.51.350 Conflict with federal requirements. If
any part of this chapter is found to conflict with federal
requirements which are a prescribed condition to the allocation of federal funds to the state, the conflicting part of this
chapter is hereby declared to be inoperative solely to the
extent of the conflict, and such finding or determination shall
not affect the operation of the remainder of this chapter.
[1981 2nd ex.s. c 11 § 1.]
18.51.400 Receivership—Legislative findings. The
legislature finds that the closure of a nursing home can have
devastating effects on residents and, under certain circumstances, courts should consider placing nursing homes in
receivership. As receivership has long existed as a remedy
to preserve assets subject to litigation and to reorganize
troubled affairs, the legislature finds that receivership is to
be used to correct problems associated with either the
disregard of residents’ health, safety, or welfare or with the
possible closure of the nursing home for any reason. [1987
c 476 § 9.]
18.51.410 Receivership—Petition to establish—
Grounds. A petition to establish a receivership shall allege
that one or more of the following conditions exist and that
the current operator has demonstrated an inability or unwillingness to take actions necessary to immediately correct
the conditions alleged:
(1) The facility is operating without a license;
(2) The facility has not given the department prior
written notice of its intent to close and has not made
arrangements within thirty days before closure for the
orderly transfer of its residents: PROVIDED, That if the
facility has given the department prior written notice but the
department has not acted with all deliberate speed to transfer
the facility’s residents, this shall bar the filing of a petition
under this subsection;
(2002 Ed.)
18.51.310
(3) The health, safety, or welfare of the facility’s
residents is immediately jeopardized;
(4) The facility demonstrates a pattern and practice of
violating chapter 18.51 or 74.42 RCW and rules adopted
thereunder such that the facility has demonstrated a repeated
inability to maintain minimum patient care standards; or
(5) The facility demonstrates a pattern or practice of
violating a condition level as defined by the federal government under the authority of Title XIX of the social security
act.
The department may file a petition in the superior court
in the county in which the nursing home is located or in the
superior court of Thurston county. The current or former
operator or licensee and the owner of the nursing home, if
different than the operator or licensee, shall be made a party
to the action. The court shall grant the petition if it finds, by
a preponderance of the evidence, that one or more of the
conditions listed in subsections (1) through (5) of this section
exists and, subject to RCW 18.51.420, that the current operator is unable or unwilling to take actions necessary to
immediately correct the conditions. [1989 c 372 § 10; 1987
c 476 § 10.]
18.51.420 Receivership—Defenses to petition. It
shall be a defense to the petition to establish a receivership
that the conditions alleged do not in fact exist. It shall not
be a defense to the petition to allege that the respondent did
not possess knowledge of the alleged condition or could not
have been reasonably expected to know about the alleged
condition. In a petition that alleges that the health, safety, or
welfare of the residents of the facility is at issue, it shall not
be a defense to the petition that the respondent had not been
afforded a reasonable opportunity to correct the alleged
condition. [1987 c 476 § 11.]
18.51.430 Receivership—Persons qualified to act as
receiver. A petition for receivership shall include the name
of the candidate for receiver. The department shall maintain
a list of qualified persons to act as receivers, however, no
person may be considered to be qualified to be a receiver
who:
(1) Is the owner, licensee, or administrator of the
facility;
(2) Is affiliated with the facility;
(3) Has a financial interest in the facility at the time the
receiver is appointed; or
(4) Has owned or operated a nursing home that has been
ordered into receivership.
If a receiver is appointed, he or she may be drawn from
the list but need not be, but an appointee shall have experience in providing long-term health care and a history of
satisfactory operation of a nursing home. Preference may be
granted to persons expressing an interest in permanent
operation of the facility. [1989 c 372 § 3; 1987 c 476 § 12.]
18.51.440 Receivership—Judicial hearing. Upon
receipt of a petition for receivership, the court shall hear the
matter within fourteen days. Temporary relief may be
obtained under chapter 7.40 RCW and other applicable laws.
In all actions arising under RCW 18.51.410 through
18.51.530, the posting of a certified copy of the summons
[Title 18 RCW—page 159]
18.51.440
Title 18 RCW: Businesses and Professions
and petition in a conspicuous place in the nursing home shall
constitute service of those documents upon the respondent.
[1989 c 372 § 11; 1987 c 476 § 13.]
18.51.450 Receivership—Appointment of receiver.
Upon agreement of the candidate for receiver to the terms of
the receivership and any special instructions of the court, the
court may appoint that person as receiver of the nursing
home if the court determines it is likely that a permanent
operator will be found or conditions will be corrected without undue risk of harm to the patients. Appointment of a
receiver may be in lieu of or in addition to temporary
removal of some or all of the patients in the interests of their
health, security, or welfare. A receiver shall be appointed
for a term not to exceed six months, but a term may be
extended for good cause shown. [1987 c 476 § 14.]
18.51.460 Receivership—Termination—Conditions.
(1) The receivership shall terminate:
(a) When all deficiencies have been eliminated and the
court determines that the facility has the management
capability to ensure continued compliance with all requirements; or
(b) When all residents have been transferred and the
facility closed.
(2) Upon the termination of a receivership, the court
may impose conditions to assure the continued compliance
with chapters 18.51 and 74.42 RCW, and, in the case of
medicaid contractors, continued compliance with Title XIX
of the social security act, as amended, and regulations
promulgated thereunder. [1989 c 372 § 12; 1987 c 476 §
15.]
18.51.470 Receivership—Accounting of acts and
expenditures by receiver. The receiver shall render to the
court an accounting of acts performed and expenditures
made during the receivership. Nothing in this section
relieves a court-appointed receiver from the responsibility of
making all reports and certifications to the department
required by law and regulation relating to the receiver’s
operation of the nursing home, the care of its residents, and
participation in the medicaid program, if any. [1987 c 476
§ 16.]
18.51.480 Receivership—Compensation, liability—
Revision of medicaid reimbursement rate. If a receiver is
appointed, the court shall set reasonable compensation for
the receiver to be paid from operating revenues of the
nursing home. The receiver shall be liable in his or her
personal capacity only for negligent acts, intentional acts, or
a breach of a fiduciary duty to either the residents of the
facility or the current or former licensee or owner of the
facility.
The department may revise the nursing home’s medicaid
reimbursement rate, consistent with reimbursement principles
in chapter 74.46 RCW and rules adopted under that chapter,
if revision is necessary to cover the receiver’s compensation
and other reasonable costs associated with the receivership
and transition of control. Rate revision may also be granted
if necessary to cover start-up costs and costs of repairs, replacements, and additional staff needed for patient health,
[Title 18 RCW—page 160]
security, or welfare. The property return on investment
components of the medicaid rate shall be established for the
receiver consistent with reimbursement principles in chapter
74.46 RCW. The department may also expedite the issuance
of necessary licenses, contracts, and certifications, temporary
or otherwise, necessary to carry out the purposes of receivership. [1987 c 476 § 17.]
18.51.490 Receivership—Powers of receiver. Upon
appointment of a receiver, the current or former licensee or
operator and managing agent, if any, shall be divested of
possession and control of the nursing home in favor of the
receiver who shall have full responsibility and authority to
continue operation of the home and the care of the residents.
The receiver may perform all acts reasonably necessary to
carry out the purposes of receivership, including, but not
limited to:
(1) Protecting the health, security, and welfare of the
residents;
(2) Remedying violations of state and federal law and
regulations governing the operation of the home;
(3) Hiring, directing, managing, and discharging all
consultants and employees for just cause; discharging the
administrator of the nursing home; recognizing collective
bargaining agreements; and settling labor disputes;
(4) Receiving and expending in a prudent manner all
revenues and financial resources of the home; and
(5) Making all repairs and replacements needed for
patient health, security, and welfare: PROVIDED, That
expenditures for repairs or replacements in excess of five
thousand dollars shall require approval of the court which
shall expedite approval or disapproval for such expenditure.
Upon order of the court, a receiver may not be required
to honor leases, mortgages, secured transactions, or contracts
if the rent, price, or rate of interest was not a reasonable
rent, price, or rate of interest at the time the contract was
entered into or if a material provision of the contract is
unreasonable. [1987 c 476 § 18.]
18.51.500 Receivership—Financial assistance—Use
of revenues and proceeds of facility. Upon order of the
court, the department shall provide emergency or transitional
financial assistance to a receiver not to exceed thirty thousand dollars. The receiver shall file with the court an accounting for any money expended. Any emergency or
transitional expenditure made by the department on behalf of
a nursing home not certified to participate in the Medicaid
Title XIX program shall be recovered from revenue generated by the facility which revenue is not obligated to the
operation of the facility. An action to recover such sums
may be filed by the department against the former licensee
or owner at the time the expenditure is made, regardless of
whether the facility is certified to participate in the Medicaid
Title XIX program or not.
In lieu of filing an action, the department may file a lien
on the facility or on the proceeds of the sale of the facility.
Such a lien shall take priority over all other liens except for
liens for wages to employees. The owner of the facility
shall be entitled to the proceeds of the facility or the sale of
the facility to the extent that these exceed the liabilities of
the facility, including liabilities to the state, receiver, em(2002 Ed.)
Nursing Homes
ployees, and contractors, at the termination of the receivership.
Revenues relating to services provided by the current or
former licensee, operator, or owner and available operating
funds belonging to such licensee, operator, or owner shall be
under the control of the receiver. The receiver shall consult
the court in cases of extraordinary or questionable debts
incurred prior to his or her appointment and shall not have
the power to close the home or sell any assets of the home
without prior court approval.
Priority shall be given to debts and expenditures directly
related to providing care and meeting the needs of patients.
Any payment made to the receiver shall discharge the
obligation of the payor to the owner of the facility. [1989
c 372 § 4; 1987 c 476 § 19.]
18.51.510 Receivership—State medical assistance.
If the nursing home is providing care to recipients of state
medical assistance, the receiver shall become the medicaid
contractor for the duration of the receivership period and
shall assume all reporting and other responsibilities required
by applicable laws and regulations. The receiver shall be
responsible for the refund of medicaid rate payments in
excess of costs during the period of the receivership. [1987
c 476 § 20.]
18.51.520 Receivership—Foreclosures and seizures
not allowed. No seizure, foreclosure, or interference with
nursing home revenues, supplies, real property, improvements, or equipment may be allowed for the duration of the
receivership without prior court approval. [1987 c 476 §
21.]
18.51.530 Notice of change of ownership or management. At least sixty days before the effective date of
any change of ownership, change of operating entity, or
change of management of a nursing home, the current
operating entity shall notify separately and in writing, each
resident of the home or the resident’s guardian of the
proposed change. The notice shall include the identity of the
proposed new owner, operating entity, or managing entity
and the names, addresses, and telephone numbers of departmental personnel to whom comments regarding the change
may be directed. If the proposed new owner, operating entity, or managing entity is a corporation, the notice shall
include the names of all officers and the registered agent in
the state of Washington. If the proposed new owner,
operating entity, or managing entity is a partnership, the
notice shall include the names of all general partners. This
section shall apply regardless of whether the current operating entity holds a medicaid provider contract with the
department and whether the operating entity intends to enter
such a contract. [1987 c 476 § 22.]
18.51.540 Cost disclosure to attending physicians.
(1) The legislature finds that the spiraling costs of nursing
home care continue to surmount efforts to contain them,
increasing at approximately twice the inflationary rate. The
causes of this phenomenon are complex. By making nursing
home facilities and care providers more aware of the cost
consequences of care services for consumers, these providers
(2002 Ed.)
18.51.500
may be inclined to exercise more restraint in providing only
the most relevant and cost-beneficial services and care, with
a potential for reducing the utilization of those services. The
requirement of the nursing home to inform physicians,
consumers, and other care providers of the charges of the
services that they order may have a positive effect on
containing health costs.
(2) All nursing home administrators in facilities licensed
under this chapter shall be required to develop and maintain
a written procedure for disclosing patient charges to attending physicians with admitting privileges. The nursing home
administrator shall have the capability to provide an itemized
list of the charges for all health care services that may be
ordered by a physician. The information shall be made
available on request of consumers, or the physicians or other
appropriate health care providers responsible for prescribing
care. [1993 c 492 § 268.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
18.51.900 Severability—1951 c 117. If any provision
of this act or the application thereof to any person or
circumstance shall be held invalid, such invalidity shall not
affect the provisions or application of this act which can be
given effect without the invalid provisions or application,
and to this end the provisions of this act are declared to be
severable. [1951 c 117 § 22.]
18.51.910 Nursing home advisory council—
Termination. The nursing home advisory council and its
powers and duties shall be terminated on June 30, 1992, as
provided in RCW 18.51.911. [1990 c 297 § 3; 1988 c 288
§ 4; 1986 c 270 § 3; 1983 c 197 § 24. Formerly RCW
43.131.301.]
18.51.911 Nursing home advisory council—Repeal.
The following acts or parts of acts, as now existing or
hereafter amended, are each repealed, effective June 30,
1993:
(1) Section 11, chapter 117, Laws of 1951, section 1,
chapter 85, Laws of 1971 ex. sess., section 65, chapter 211,
Laws of 1979 ex. sess., section 39, chapter 287, Laws of
1984 and RCW 18.51.100; and
(2) Section 12, chapter 117, Laws of 1951, section 66,
chapter 211, Laws of 1979 ex. sess. and RCW 18.51.110.
[1990 c 297 § 4; 1988 c 288 § 5; 1986 c 270 § 4; 1983 c
197 § 50. Formerly RCW 43.131.302.]
Chapter 18.52
NURSING HOME ADMINISTRATORS
Sections
18.52.010
18.52.020
18.52.025
18.52.030
18.52.040
18.52.050
Short title—Intent.
Definitions.
Authority of secretary of health.
Management and supervision of nursing homes by licensed
administrators required.
Board of nursing home administrators—Created—
Membership.
Board—Generally.
[Title 18 RCW—page 161]
Chapter 18.52
Title 18 RCW: Businesses and Professions
18.52.061 Board—Authority.
18.52.066 Application of uniform disciplinary act.
18.52.071 Qualifications of licensees.
18.52.110 License renewal.
18.52.130 Recognition of out-of-state licensees.
18.52.140 Penalty for unlicensed acts.
18.52.160 Examinations—Times and places—Meetings of board.
18.52.900 Severability—1970 ex.s. c 57.
Labor regulations, collective bargaining—Health care activities: Chapter
49.66 RCW.
18.52.010 Short title—Intent. This chapter shall be
known as the "Nursing Home Administrator Licensing Act"
and is intended to establish and provide for the enforcement
of standards for the licensing of nursing home administrators. The legislature finds that the quality of patient care in
nursing homes is directly related to the competence of the
nursing home administrators. It is the intent of this chapter
that licensed nursing home administrators continually
maintain (1) the suitable character required and (2) the
capacity to consider the available resources and personnel of
the facility subject to their authority and come to reasonable
decisions implementing patient care. [1977 ex.s. c 243 § 1;
1970 ex.s. c 57 § 1.]
18.52.020 Definitions. When used in this chapter,
unless the context otherwise clearly requires:
(1) "Board" means the state board of nursing home
administrators representative of the professions and institutions concerned with the care of the chronically ill and
infirm aged patients.
(2) "Secretary" means the secretary of health or the
secretary’s designee.
(3) "Nursing home" means any facility or portion
thereof licensed under state law as a nursing home.
(4) "Nursing home administrator" means an individual
qualified by education, experience, training, and examination
to administer a nursing home. A nursing home administrator
administering a nursing home must be in active administrative charge as defined by the board. Nothing in this definition or this chapter shall be construed to prevent any person,
so long as he or she is otherwise qualified, from obtaining
and maintaining a license even though he or she has not
administered or does not continue to administer a nursing
home. [1992 c 53 § 1; 1991 c 3 § 116; 1979 c 158 § 44;
1970 ex.s. c 57 § 2.]
18.52.025 Authority of secretary of health. In
addition to any other authority provided by law, the secretary
shall have the following authority:
(1) To set all fees required in this chapter in accordance
with RCW 43.70.250 which may include fees for approval
of continuing competency, supervision of practical experience, all applications, verification, renewal, examination, and
late penalties;
(2) To establish forms necessary to administer this
chapter;
(3) To issue a license to any applicant who has met the
education, training, and examination requirements for
licensure and deny a license to applicants who do not meet
the minimum qualifications for licensure, except that
proceedings concerning the denial of licenses based on
[Title 18 RCW—page 162]
unprofessional conduct or impaired practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) To employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
to employ individuals including those licensed under this
chapter to serve as examiners or consultants as necessary to
implement and administer this chapter; and
(5) To maintain the official department record of all
applicants and licensees. [1992 c 53 § 2.]
18.52.030 Management and supervision of nursing
homes by licensed administrators required. Nursing
homes operating within this state shall be under the active,
overall administrative charge and supervision of an on-site
full-time administrator licensed as provided in this chapter.
No person acting in any capacity, unless the holder of a
nursing home administrator’s license issued under this
chapter, shall be charged with the overall responsibility to
make decisions or direct actions involved in managing the
internal operation of a nursing home, except as specifically
delegated in writing by the administrator to identify a
responsible person to act on the administrator’s behalf when
the administrator is absent. The administrator shall review
the decisions upon the administrator’s return and amend the
decisions if necessary. The board shall define by rule the
parameters for on-site full-time administrators in nursing
homes with small resident populations and nursing homes in
rural areas, or separately licensed facilities collocated on the
same campus. [2000 c 93 § 6; 1992 c 53 § 3; 1970 ex.s. c
57 § 3.]
18.52.040 Board of nursing home administrators—
Created—Membership. The state board of nursing home
administrators shall consist of nine members appointed by
the governor. Four members shall be persons licensed under
this chapter who have at least four years actual experience
in the administration of a licensed nursing home in this state
immediately preceding appointment to the board and who are
not employed by the state or federal government.
Four members shall be representatives of the health care
professions providing medical or nursing services in nursing
homes who are privately or self-employed; or shall be
persons employed by educational institutions who have special knowledge or expertise in the field of health care
administration, health care education or long-term care or
both, or care of the aged and chronically ill.
One member shall be a resident of a nursing home or a
family member of a resident or a person eligible for medicare. No member who is a nonadministrator representative
shall have any direct or family financial interest in nursing
homes while serving as a member of the board. The
governor shall consult with and seek the recommendations
of the appropriate statewide business and professional
organizations and societies primarily concerned with long
term health care facilities in the course of considering his
appointments to the board. Board members currently serving
shall continue to serve until the expiration of their appointments. [1992 c 53 § 4; 1975 1st ex.s. c 97 § 1; 1970 ex.s.
c 57 § 4.]
(2002 Ed.)
Nursing Home Administrators
18.52.050
18.52.050 Board—Generally. Members of the board
shall be citizens of the United States and residents of this
state. All administrator members of the board shall be
holders of licenses under this chapter. The terms of all
members shall be five years. Any board member may be
removed for just cause including a finding of fact of unprofessional conduct or impaired practice. The governor may
appoint a new member to fill any vacancy on the board for
the remainder of the unexpired term. No board member may
serve more than two consecutive terms, whether full or
partial. Board members shall serve until their successors are
appointed. Board members shall be compensated in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. The board may elect annually a chair and vicechair to direct the meetings of the board. The board shall
meet at least four times each year and may hold additional
meetings as called by the secretary or the chair. [1992 c 53
§ 5; 1970 ex.s. c 57 § 5.]
(4) At least twenty-one years of age; and
(5) Not having engaged in unprofessional conduct as
defined in RCW 18.130.180 or being unable to practice with
reasonable skill and safety as defined in RCW 18.130.170.
The board shall establish by rule what constitutes adequate
proof of meeting the above requirements.
A limited license indicating the limited extent of
authority to administer institutions conducted by and for
those who rely upon treatment by prayer or spiritual means
in accordance with the creed or tenets of any well-recognized church or religious denomination shall be issued to
individuals demonstrating membership in such church or
denomination. However, nothing in this chapter shall be
construed to require an applicant employed by such institution to demonstrate proficiency in any medical techniques or
to meet any medical educational qualifications or medical
standards not in accord with the remedial care and treatment
provided in such institutions. [1996 c 271 § 1; 1992 c 53 §
7.]
18.52.061 Board—Authority. In addition to any
authority provided by law, the board shall have the following
authority:
(1) To adopt rules in accordance with chapter 34.05
RCW necessary to implement this chapter;
(2) To prepare and administer or approve the preparation and administration of examinations for licensure;
(3) To conduct a hearing on an appeal of a denial of
license based on the applicant’s failure to meet the minimum
qualifications for licensure. The hearing shall be conducted
pursuant to chapter 34.05 RCW;
(4) To establish by rule the procedures for an appeal of
an examination failure;
(5) To adopt rules implementing a continuing competency program;
(6) To issue subpoenas, statements of charges, statements of intent to deny licenses, and orders, and to delegate
in writing to a designee to issue subpoenas; and
(7) To issue temporary license permits under circumstances defined by the board. [1992 c 53 § 6.]
18.52.110 License renewal. (1) Every holder of a
nursing home administrator’s license shall renew that license
by fulfilling the continuing competency requirement and by
complying with administrative procedures, administrative
requirements, and fees as determined according to RCW
43.70.250 and 43.70.280. The board may prescribe rules for
maintenance of a license for temporary or permanent
withdrawal or retirement from the active practice of nursing
home administration.
(2) A condition of renewal shall be the presentation of
proof by the applicant that the board requirement for
continuing competency related to the administration of
nursing homes has been met. [1996 c 191 § 26; 1992 c 53
§ 8; 1991 c 3 § 120; 1984 c 279 § 69; 1975 1st ex.s. c 30 §
54; 1971 ex.s. c 266 § 9; 1970 ex.s. c 57 § 11.]
18.52.066 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 32.]
Severability—1987 c 150: See RCW 18.122.901.
18.52.071 Qualifications of licensees. The department shall issue a license to any person applying for a
nursing home administrator’s license who meets the following requirements:
(1) Successful completion of the requirements for a
baccalaureate degree from a recognized institution of higher
learning and any federal requirements;
(2) Successful completion of a practical experience
requirement as determined by the board;
(3) Successful completion of examinations administered
or approved by the board, or both, which shall be designed
to test the candidate’s competence to administer a nursing
home;
(2002 Ed.)
Severability—1984 c 279: See RCW 18.130.901.
18.52.130 Recognition of out-of-state licensees. The
secretary may issue a nursing home administrator’s license
to anyone who holds a current administrator’s license from
another jurisdiction upon receipt of an application and
complying with administrative procedures, administrative
requirements, and fees determined according to RCW
43.70.250 and 43.70.280, if the standards for licensing in
such other jurisdiction are substantially equivalent to those
prevailing in this state, and that the applicant is otherwise
qualified as determined by the board. [1996 c 191 § 27;
1992 c 53 § 9; 1991 c 3 § 121; 1985 c 7 § 50; 1975 1st
ex.s. c 30 § 55; 1970 ex.s. c 57 § 13.]
18.52.140 Penalty for unlicensed acts. It shall be
unlawful and constitute a gross misdemeanor for any person
to act or serve in the capacity of a nursing home administrator unless he or she is the holder of a nursing home
administrator’s license issued in accordance with the provisions of this chapter: PROVIDED HOWEVER, That
persons carrying out functions and duties delegated by a
licensed administrator as defined in RCW 18.52.030 shall
not be construed to be committing any unlawful act under
this chapter. [1992 c 53 § 10; 1970 ex.s. c 57 § 14.]
[Title 18 RCW—page 163]
18.52.160
Title 18 RCW: Businesses and Professions
18.52.160 Examinations—Times and places—
Meetings of board. The board shall meet as often as may
be necessary to carry out the duties of the board under this
chapter. Examinations shall be administered at intervals not
less than semiannually and at such times and places as may
be determined by the board. There shall not be a limit upon
the number of times a candidate may take the required
examination. [1984 c 279 § 71; 1970 ex.s. c 57 § 17.]
(5) "Person" includes an individual, firm, corporation,
partnership, or association.
(6) "Adult family home" means a residential home
licensed pursuant to chapter 70.128 RCW. [2001 c 319 § 3;
1997 c 392 § 527; 1991 c 3 § 130; 1988 c 243 § 2.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—1984 c 279: See RCW 18.130.901.
18.52.900 Severability—1970 ex.s. c 57. If any
provision of this 1970 act, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall
not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared
to be severable. [1970 ex.s. c 57 § 20.]
Chapter 18.52C
NURSING POOLS
Sections
18.52C.010
18.52C.020
18.52C.030
18.52C.040
Legislative intent.
Definitions.
Registration required.
Duties of nursing pool—Application of uniform disciplinary
act—Criminal background checks.
18.52C.050 Registration prerequisite to state reimbursement.
18.52C.010 Legislative intent. The legislature intends
to protect the public’s right to high quality health care by
assuring that nursing pools employ, procure or refer competent and qualified health care or long-term care personnel,
and that such personnel are provided to health care facilities,
agencies, or individuals in a way to meet the needs of
residents and patients. [1997 c 392 § 526; 1988 c 243 § 1.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
18.52C.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Secretary" means the secretary of the department of
health.
(2) "Health care facility" means a nursing home,
hospital, hospice care facility, home health care agency,
hospice agency, boarding home, group home, or other entity
for the delivery of health care or long-term care services,
including chore services provided under chapter 74.39A
RCW.
(3) "Nursing home" means any nursing home facility
licensed pursuant to chapter 18.52 RCW.
(4) "Nursing pool" means any person engaged in the
business of providing, procuring, or referring health care or
long-term care personnel for temporary employment in
health care facilities, such as licensed nurses or practical
nurses, nursing assistants, and chore service providers.
"Nursing pool" does not include an individual who only
engages in providing his or her own services.
[Title 18 RCW—page 164]
18.52C.030 Registration required. A person who
operates a nursing pool shall register the pool with the
secretary. Each separate location of the business of a
nursing pool shall have a separate registration.
The secretary shall establish administrative procedures,
administrative requirements, and fees as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 28; 1991 c 3 § 131;
1988 c 243 § 3.]
18.52C.040 Duties of nursing pool—Application of
uniform disciplinary act—Criminal background checks.
(1) The nursing pool shall document that each temporary
employee or referred independent contractor provided or
referred to health care facilities currently meets the applicable minimum state credentialing requirements.
(2) The nursing pool shall not require, as a condition of
employment or referral, that employees or independent
contractors of the nursing pool recruit new employees or
independent contractors for the nursing pool from among the
permanent employees of the health care facility to which the
nursing pool employee or independent contractor has been
assigned or referred.
(3) The nursing pool shall carry professional and general
liability insurance to insure against any loss or damage
occurring, whether professional or otherwise, as the result of
the negligence of its employees, agents or independent
contractors for acts committed in the course of their employment with the nursing pool: PROVIDED, That a nursing
pool that only refers self-employed, independent contractors
to health care facilities shall carry professional and general
liability insurance to cover its own liability as a nursing pool
which refers self-employed, independent contractors to health
care facilities: AND PROVIDED FURTHER, That it shall
require, as a condition of referral, that self-employed,
independent contractors carry professional and general
liability insurance to insure against loss or damage resulting
from their own acts committed in the course of their own
employment by a health care facility.
(4) The uniform disciplinary act, chapter 18.130 RCW,
shall govern the issuance and denial of registration and the
discipline of persons registered under this chapter. The
secretary shall be the disciplinary authority under this
chapter.
(5) The nursing pool shall conduct a criminal background check on all employees and independent contractors
as required under RCW 43.43.842 prior to employment or
referral of the employee or independent contractor. [1997 c
392 § 528; 1991 c 3 § 132; 1988 c 243 § 4.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
(2002 Ed.)
Nursing Pools
18.52C.050 Registration prerequisite to state
reimbursement. No state agency shall allow reimbursement
for the use of temporary health care personnel from nursing
pools that are not registered pursuant to this chapter:
PROVIDED, That individuals directly retained by a health
care facility without intermediaries may be reimbursed.
[1988 c 243 § 5.]
Chapter 18.53
OPTOMETRY
Sections
18.53.003
18.53.005
18.53.010
18.53.021
18.53.030
18.53.035
18.53.040
18.53.050
18.53.060
Regulation of health care professions—Criteria.
Legislative finding and declaration.
Definition—Scope of practice.
License required.
Temporary permit—When issued.
Credentialing by endorsement.
Exemptions—Exceptions—Limitation.
License renewal.
License applicants—Eligibility—Qualifications—
Examinations—Exception.
18.53.070 Licensing—Procedures, requirements, fees.
18.53.100 Disciplinary action—Grounds.
18.53.101 Application of uniform disciplinary act.
18.53.140 Unlawful acts.
18.53.145 Unlawful advertising of indemnity benefits.
18.53.150 Violations generally—Penalty.
18.53.160 Public aid ocular services—Discrimination prohibited.
18.53.165 Discrimination prohibited—Legislative finding and declaration.
18.53.170 Discrimination prohibited—Acceptance of services by state
agencies and subdivisions.
18.53.175 Discrimination prohibited—State agencies and subdivisions—Officials and employees.
18.53.180 Discrimination prohibited—Agreements or contracts by state
and subdivisions.
18.53.185 Discrimination prohibited—Costs immaterial.
18.53.190 Discrimination prohibited—Application of law.
18.53.200 Privileged communications.
18.53.900 Short title—1919 c 144.
18.53.901 Severability—1973 c 48.
18.53.910 Severability—1919 c 144.
18.53.911 Severability—1975 1st ex.s. c 69.
18.53.912 Severability—1981 c 58.
18.53.920 Repeal—1919 c 144.
Reviser’s note: Certain powers and duties of the department of
licensing and the director of licensing transferred to the department of health
and the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.53.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.53.005 Legislative finding and declaration. The
legislature finds and declares that the practice of optometry
is a learned profession and affects the health, welfare and
safety of the people of this state, and should be regulated in
the public interest and limited to qualified persons licensed
and authorized to practice under the provisions of chapters
18.53 and 18.54 RCW. [1981 c 58 § 1; 1975 1st ex.s. c 69
§ 1.]
(2002 Ed.)
18.52C.050
18.53.010 Definition—Scope of practice. (1) The
practice of optometry is defined as the examination of the
human eye, the examination and ascertaining any defects of
the human vision system and the analysis of the process of
vision. The practice of optometry may include, but not
necessarily be limited to, the following:
(a) The employment of any objective or subjective
means or method including the use of drugs topically applied
to the eye for diagnostic and therapeutic purposes by those
licensed under this chapter and who meet the requirements
of subsections (2) and (3) of this section, and the use of any
diagnostic instruments or devices for the examination or
analysis of the human vision system, the measurement of the
powers or range of human vision, or the determination of the
refractive powers of the human eye or its functions in general; and
(b) The prescription and fitting of lenses, prisms,
therapeutic or refractive contact lenses and the adaption or
adjustment of frames and lenses used in connection therewith; and
(c) The prescription and provision of visual therapy,
therapeutic aids and other optical devices, and the treatment
with topically applied drugs by those licensed under this
chapter and who meet the requirements of subsections (2)
and (3) of this section; and
(d) The ascertainment of the perceptive, neural, muscular or pathological condition of the visual system; and
(e) The adaptation of prosthetic eyes.
(2) Those persons using drugs for diagnostic purposes
in the practice of optometry shall have a minimum of sixty
hours of didactic and clinical instruction in general and
ocular pharmacology as applied to optometry, and for
therapeutic purposes, an additional minimum of seventy-five
hours of didactic and clinical instruction as established by
the board, and certification from an institution of higher
learning, accredited by those agencies recognized by the
United States office of education or the council on
postsecondary accreditation to qualify for certification by the
optometry board of Washington to use drugs for diagnostic
and therapeutic purposes. Such course or courses shall be
the fiscal responsibility of the participating and attending
optometrist.
(3) The board shall establish a schedule of drugs for
diagnostic and treatment purposes limited to the practice of
optometry, and no person licensed pursuant to this chapter
shall prescribe, dispense, purchase, possess, or administer
drugs except as authorized and to the extent permitted by the
board.
(4) The board shall develop a means of identification
and verification of optometrists certified to use therapeutic
drugs for the purpose of issuing prescriptions as authorized
by this section. [1989 c 36 § 1; 1981 c 58 § 2; 1975 1st
ex.s. c 69 § 2; 1919 c 144 § 1; RRS § 10147. Prior: 1909
c 235 § 1.]
18.53.021 License required. It is a violation of RCW
18.130.190 for any person to practice optometry in this state
without first obtaining a license from the secretary of health.
[1991 c 3 § 133; 1987 c 150 § 38.]
Severability—1987 c 150: See RCW 18.122.901.
[Title 18 RCW—page 165]
18.53.030
Title 18 RCW: Businesses and Professions
18.53.030 Temporary permit—When issued. The
board may at its discretion, issue a permit to practice
optometry during the interim between examinations, to any
person who has filed an application for examination which
has been accepted by the board as admitting the applicant to
the next examination. Such permit shall be valid only until
the date of the next examination and shall not be issued
sooner than thirty days following any regular examination,
and no permit shall be issued to any person who has failed
before the board, nor where a certificate has been revoked.
[1986 c 259 § 80; 1919 c 144 § 8; RRS § 10153.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.035 Credentialing by endorsement. An
applicant holding a credential in another state may be
credentialed to practice in this state without examination if
the board determines that the other state’s credentialing
standards are substantially equivalent to the standards in this
state. [1991 c 332 § 30.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.53.040 Exemptions—Exceptions—Limitation.
Nothing in this chapter shall be construed to pertain in any
manner to the practice of any regularly qualified oculist or
physician, who is regularly licensed to practice medicine in
the state of Washington, or to any person who is regularly
licensed to practice as a dispensing optician in the state of
Washington, nor to any person who in the regular course of
trade, sells or offers for sale, spectacles or eyeglasses as
regular merchandise without pretense of adapting them to the
eyes of the purchaser, and not in evasion of this chapter:
PROVIDED, That any such regularly qualified oculist or
physician or other person shall be subject to the provisions
of RCW 18.53.140 (9) through (14), in connection with the
performance of any function coming within the definition of
the practice of optometry as defined in this chapter: PROVIDED FURTHER, HOWEVER, That in no way shall this
section be construed to permit a dispensing optician to
practice optometry as defined in chapter 69, Laws of 1975
1st ex. sess. [2000 c 171 § 19; 1975 1st ex.s. c 69 § 15;
1937 c 155 § 3; 1919 c 144 § 15; Rem. Supp. 1937 § 10159.
Prior: 1909 c 235 § 13.]
18.53.050 License renewal. Every licensed optometrist shall renew his or her license by complying with
administrative procedures, administrative requirements, and
fees determined according to RCW 43.70.250 and 43.70.280.
[1996 c 191 § 29; 1991 c 3 § 134; 1985 c 7 § 51; 1983 c
168 § 8; 1981 c 277 § 8; 1975 1st ex.s. c 30 § 56; 1971
ex.s. c 266 § 10; 1955 c 275 § 1; 1919 c 144 § 13; RRS §
10158.]
Severability—1983 c 168: See RCW 18.120.910.
18.53.060 License applicants—Eligibility—
Qualifications—Examinations—Exception. From and after
January 1, 1940, in order to be eligible for examination for
registration, a person shall be a citizen of the United States
of America, who shall have a preliminary education of or
equal to four years in a state accredited high school and has
completed a full attendance course in a regularly chartered
[Title 18 RCW—page 166]
school of optometry maintaining a standard which is deemed
sufficient and satisfactory by the optometry board, who is a
person of good moral character, who has a visual acuity in
at least one eye, of a standard known as 20/40 under
correction: PROVIDED, That from and after January 1,
1975, in order to be eligible for examination for a license, a
person shall have the following qualifications:
(1) Be a graduate of a state accredited high school or its
equivalent;
(2) Have a diploma or other certificate of completion
from an accredited college of optometry or school of
optometry, maintaining a standard which is deemed sufficient
and satisfactory by the optometry board, conferring its
degree of doctor of optometry or its equivalent, maintaining
a course of four scholastic years in addition to
preprofessional college level studies, and teaching substantially all of the following subjects: General anatomy,
anatomy of the eyes, physiology, physics, chemistry,
pharmacology, biology, bacteriology, general pathology,
ocular pathology, ocular neurology, ocular myology, psychology, physiological optics, optometrical mechanics, clinical
optometry, visual field charting and orthoptics, general laws
of optics and refraction and use of the ophthalmoscope,
retinoscope and other clinical instruments necessary in the
practice of optometry; and
(3) Be of good moral character.
Such person shall file an application for an examination
and license with said board at any time thirty days prior to
the time fixed for such examination, or at a later date if
approved by the board, and such application must be on
forms approved by the board, and properly attested, and if
found to be in accordance with the provisions of this chapter
shall entitle the applicant upon payment of the proper fee, to
take the examination prescribed by the board. Such examination shall not be out of keeping with the established teachings and adopted textbooks of the recognized schools of
optometry, and shall be confined to such subjects and
practices as are recognized as essential to the practice of
optometry. All candidates without discrimination, who shall
successfully pass the prescribed examination, shall be
registered by the board and shall, upon payment of the
proper fee, be issued a license. Any license to practice
optometry in this state issued by the secretary, and which
shall be in full force and effect at the time of passage of
chapter 69, Laws of 1975 1st ex. sess., shall be continued.
[1995 c 198 § 6; 1991 c 3 § 135; 1975 1st ex.s. c 69 § 4;
1937 c 155 § 1; 1919 c 144 § 5; Rem. Supp. 1937 § 10150.
Prior: 1909 c 235 § 7. Formerly RCW 18.53.060 and
18.53.080.]
18.53.070 Licensing—Procedures, requirements,
fees. Administrative procedures, administrative requirements, and fees for issuing a license shall be determined as
provided in RCW 43.70.250 and 43.70.280. [1996 c 191 §
30; 1991 c 3 § 136; 1985 c 7 § 52; 1981 c 260 § 5. Prior:
1975 1st ex.s. c 69 § 5; 1975 1st ex.s. c 30 § 57; 1919 c 144
§ 9; RRS § 10151; prior: 1909 c 235 § 7.]
18.53.100 Disciplinary action—Grounds. The
following constitutes grounds for disciplinary action under
chapter 18.130 RCW:
(2002 Ed.)
Optometry
(1) Any form of fraud or deceit used in securing a
license; or
(2) Any unprofessional conduct, of a nature likely to
deceive or defraud the public; or
(3) The employing either directly or indirectly of any
person or persons commonly known as "cappers" or
"steerers" to obtain business; or
(4) To employ any person to solicit from house to
house, or to personally solicit from house to house; or
(5) Advertisement in any way in which untruthful,
improbable or impossible statements are made regarding
treatments, cures or values; or
(6) The use of the term "eye specialist" in connection
with the name of such optometrist; or
(7) Inability to demonstrate, in a manner satisfactory to
the secretary or the board of optometry, their practical ability
to perform any function set forth in RCW 18.53.010 which
they utilize in their practice. [1991 c 3 § 137; 1986 c 259
§ 81; 1975 1st ex.s. c 69 § 6; 1919 c 144 § 11; RRS §
10156. Prior: 1909 c 235 §§ 11, 12.]
Savings—1986 c 259 §§ 81, 85: "The repeal of RCW 18.53.020 and
the amendment of RCW 18.53.100 by this act shall not be construed as
affecting any rights and duties which matured, penalties which were
incurred, and proceedings which were begun before June 11, 1986." [1986
c 259 § 86.]
Severability—1986 c 259: See note following RCW 18.130.010.
Alcoholism, intoxication, and drug addiction treatment: Chapter 70.96A
RCW.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license:
RCW 69.50.413.
18.53.101 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter and chapter
18.54 RCW. [1987 c 150 § 36; 1986 c 259 § 78.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.140 Unlawful acts. It shall be unlawful for any
person:
(1) To sell or barter, or offer to sell or barter any
license issued by the secretary; or
(2) To purchase or procure by barter any license with
the intent to use the same as evidence of the holder’s
qualification to practice optometry; or
(3) To alter with fraudulent intent in any material regard
such license; or
(4) To use or attempt to use any such license which has
been purchased, fraudulently issued, counterfeited or materially altered as a valid license; or
(5) To practice optometry under a false or assumed
name, or as a representative or agent of any person, firm or
corporation with which the licensee has no connection:
PROVIDED, Nothing in this chapter nor in the optometry
law shall make it unlawful for any lawfully licensed optometrist or association of lawfully licensed optometrists to
practice optometry under the name of any lawfully licensed
optometrist who may transfer by inheritance or otherwise the
right to use such name; or
(2002 Ed.)
18.53.100
(6) To practice optometry in this state either for him or
herself or any other individual, corporation, partnership,
group, public or private entity, or any member of the
licensed healing arts without having at the time of so doing
a valid license issued by the secretary of health; or
(7) To in any manner barter or give away as premiums
either on his own account or as agent or representative for
any other purpose, firm or corporation, any eyeglasses,
spectacles, lenses or frames; or
(8) To use drugs in the practice of optometry, except
those topically applied for diagnostic or therapeutic purposes;
or
(9) To use advertising whether printed, radio, display, or
of any other nature, which is misleading or inaccurate in any
material particular, nor shall any such person in any way
misrepresent any goods or services (including but without
limitation, its use, trademark, grade, quality, size, origin,
substance, character, nature, finish, material, content, or
preparation) or credit terms, values, policies, services, or the
nature or form of the business conducted; or
(10) To advertise the "free examination of eyes," "free
consultation," "consultation without obligation," "free
advice," or any words or phrases of similar import which
convey the impression to the public that eyes are examined
free or of a character tending to deceive or mislead the
public, or in the nature of "bait advertising;" or
(11) To use an advertisement of a frame or mounting
which is not truthful in describing the frame or mounting
and all its component parts. Or advertise a frame or
mounting at a price, unless it shall be depicted in the
advertisement without lenses inserted, and in addition the
advertisement must contain a statement immediately following, or adjacent to the advertised price, that the price is for
frame or mounting only, and does not include lenses, eye
examination and professional services, which statement shall
appear in type as large as that used for the price, or advertise
lenses or complete glasses, viz.: frame or mounting with
lenses included, at a price either alone or in conjunction with
professional services; or
(12) To use advertising, whether printed, radio, display,
or of any other nature, which inaccurately lays claim to a
policy or continuing practice of generally underselling
competitors; or
(13) To use advertising, whether printed, radio, display
or of any other nature which refers inaccurately in any
material particular to any competitors or their goods, prices,
values, credit terms, policies or services; or
(14) To use advertising whether printed, radio, display,
or of any other nature, which states any definite amount of
money as "down payment" and any definite amount of
money as a subsequent payment, be it daily, weekly,
monthly, or at the end of any period of time. [1991 c 3 §
138; 1989 c 36 § 2; 1986 c 259 § 82; 1981 c 58 § 3; 1979
c 158 § 47; 1975 1st ex.s. c 69 § 7; 1945 c 78 § 1; 1935 c
134 § 1; 1919 c 144 § 7; Rem. Supp. 1945 § 10152. Cf.
1909 c 235 § 5.]
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
Violation of Uniform Controlled Substances Act—Suspension of license:
RCW 69.50.413.
[Title 18 RCW—page 167]
18.53.145
Title 18 RCW: Businesses and Professions
18.53.145 Unlawful advertising of indemnity
benefits. It shall be unlawful for any licensee subject to the
provisions of chapter 18.53 RCW to advertise to the effect
that benefits in the form of indemnity will accrue to subscribers of health care service contracts for services performed by the licensee for a subscriber when the licensee is
neither a health care service contractor nor a participant. A
violation of this section shall be punishable as provided in
RCW 18.53.140(10). [1969 c 143 § 2.]
18.53.150 Violations generally—Penalty. Any
person violating this chapter is guilty of a misdemeanor.
[1986 c 259 § 83; 1919 c 144 § 22; RRS § 10163. Prior:
1909 c 235 § 12.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.53.160
Public aid ocular services—
Discrimination prohibited. All agencies of the state and its
subdivisions, and all commissions, clinics and boards
administering relief, public assistance, public welfare
assistance, social security, health insurance, or health service
under the laws of this state, shall accept the services of
licensed optometrists for any service covered by their
licenses relating to any person receiving benefits from said
agencies or subdivisions and shall pay for such services in
the same way as practitioners of other professions may be
paid for similar services. None of the said governmental
agencies, or agents, officials or employees thereof, including
the public schools, in the performance of their duties shall in
any way show discrimination among licensed ocular practitioners. [1949 c 149 § 1; Rem. Supp. 1949 § 9991a.]
18.53.165 Discrimination prohibited—Legislative
finding and declaration. The legislature finds and declares
that the costs of health care to the people are rising
disproportionately to other costs and that there is a paramount concern that the right of the people to obtain access
to health care in all its facets is being impaired thereby. For
this reason, the reliance on the mechanism of insurance,
whether profit or nonprofit, is the only effective manner in
which the large majority of the people can attain access to
quality health care, and it is therefore declared to be in the
public interest that health care insurance be regulated to
assure that all the people have access to health care rendered
by whatever means, and to the greatest extent possible.
RCW 18.53.165 through 18.53.190 and 18.53.901, prohibiting discrimination against the legally recognized and licensed
profession of optometrists, is necessary in the interest of the
public health, welfare and safety. [1973 c 48 § 1.]
18.53.170 Discrimination prohibited—Acceptance of
services by state agencies and subdivisions. Notwithstanding any other provision of law, the state and its political
subdivisions shall accept the services of licensed optometrists
for any service covered by their licenses with relation to any
person receiving benefits, salaries, wages, or any other type
of compensation from the state, its agencies or subdivisions.
[1973 c 48 § 2.]
[Title 18 RCW—page 168]
18.53.175 Discrimination prohibited—State agencies
and subdivisions—Officials and employees. The state and
its political subdivisions, and all officials, agents, employees,
or representatives thereof, are prohibited from in any way
discriminating against licensed optometrists in performing
and receiving compensation for services covered by their
licenses. [1973 c 48 § 3.]
18.53.180 Discrimination prohibited—Agreements
or contracts by state and subdivisions. Notwithstanding
any other provision of law, the state and its political subdivisions, and all officials, agents, employees, or representatives
thereof, are prohibited from entering into any agreement or
contract with any individual, group, association, or corporation which in any way, directly or indirectly, discriminates
against licensed optometrists in performing and receiving
compensation for services covered by their licenses. [1973
c 48 § 4.]
18.53.185 Discrimination prohibited—Costs immaterial. Notwithstanding any other provision of law, for the
purpose of RCW 18.53.165 through 18.53.180 and 18.53.190
it is immaterial whether the cost of any policy, plan,
agreement, or contract be deemed additional compensation
for services, or otherwise. [1973 c 48 § 5.]
18.53.190 Discrimination prohibited—Application
of law. RCW 18.53.165 through 18.53.185 shall apply to all
agreements, renewals, or contracts issued on or after June 7,
1973.
Health care service contracts having a participant
agreement with a majority of the licensed optometrists within
its service area may provide benefits to persons or groups of
persons through contracts which allow a subscriber to utilize
on an equal participation basis the services of any participant
provided in the contract, and such contracts shall not be
discriminatory. [1975 1st ex.s. c 69 § 8; 1973 c 48 § 6.]
18.53.200 Privileged communications. The information and records of a licensed optometrist pertaining to a
patient shall be privileged communications, the same as now
or hereafter may exist in the relationship of physician and
patient and shall not be released or subjected to disclosure
without the consent of the patient or as otherwise required
by law. [1975 1st ex.s. c 69 § 14.]
Privileged communications—Physician and patient: RCW 5.60.060.
18.53.900 Short title—1919 c 144. This act shall be
known, and may be referred to as, "The Optometry Law".
[1919 c 144 § 20.]
18.53.901 Severability—1973 c 48. If any provision
of this 1973 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1973 c 48 § 7.]
18.53.910 Severability—1919 c 144. Any question of
unconstitutionality arising concerning any of the sections or
(2002 Ed.)
Optometry
provisions of this act shall in no wise affect any other
section or provision of the act. [1919 c 144 § 18.]
18.53.911 Severability—1975 1st ex.s. c 69. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 69 § 17.]
18.53.912 Severability—1981 c 58. If any provision
of this amendatory act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 58 § 4.]
18.53.920 Repeal—1919 c 144. All acts and parts of
acts inconsistent with this act are hereby repealed. [1919 c
144 § 19.]
Chapter 18.54
OPTOMETRY BOARD
Sections
18.54.005
18.54.010
18.54.020
18.54.030
Regulation of health care professions—Criteria.
Definitions.
Examining committee reconstituted as optometry board.
Composition—Appointments—Qualifications—Terms—
Vacancies.
18.54.040 Officers.
18.54.050 Meetings.
18.54.060 Quorum.
18.54.070 Powers and duties—Examinations—Rules.
18.54.076 Application of uniform disciplinary act.
18.54.090 Administrative procedures—Minimum fees.
18.54.130 Compensation and travel expenses of members.
18.54.140 Board may draw from health professions account.
18.54.150 Devolution of powers relating to revocation of certificates.
18.54.900 Short title.
18.54.910 Severability—1963 c 25.
18.54.920 RCW 43.24.060 and 43.24.120 not applicable to optometry.
Reviser’s note: Powers and duties of the department of licensing and
the director of licensing transferred to the department of health and the
secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.54.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.54.010 Definitions. Unless the context clearly indicates otherwise, the terms used in this chapter take their
meanings as follows:
(1) "Board" means the optometry board;
(2) "License" means a certificate or permit to practice
optometry as provided in *RCW 18.53.020 as amended from
time to time;
(3) "Members" means members of the optometry board.
[1963 c 25 § 1.]
*Reviser’s note: RCW 18.53.020 was repealed by 1986 c 259 § 85.
(2002 Ed.)
18.53.910
18.54.020 Examining committee reconstituted as
optometry board. The examining committee, heretofore
created pursuant to RCW 43.24.060, is reorganized and reconstituted as the optometry board. [1963 c 25 § 2.]
RCW 43.24.060 and 43.24.120 not applicable to optometry: RCW
18.54.920.
18.54.030 Composition—Appointments—
Qualifications—Terms—Vacancies. The initial composition of the optometry board includes the three members of
the examining committee for optometry plus two more
optometrists to be appointed by the governor.
The governor must make all appointments to the
optometry board. Only optometrists who are citizens of the
United States, residents of this state, having been licensed to
practice and practicing optometry in this state for a period of
at least four years immediately preceding the effective date
of appointment, and who have no connection with any
school or college embracing the teaching of optometry or
with any optical supply business may be appointed.
The governor may set the terms of office of the initial
board at his discretion, to establish the following perpetual
succession: The terms of the initial board include one
position for one year, two for two years and two for three
years; and upon the expiration of the terms of the initial
board, all appointments are for three years.
In addition to the members specified in this section, the
governor shall appoint a consumer member of the board,
who shall serve for a term of three years.
In the event that a vacancy occurs on the board in the
middle of an appointee’s term, the governor must appoint a
successor for the unexpired portion of the term only. [1984
c 279 § 54; 1963 c 25 § 3.]
Severability—1984 c 279: See RCW 18.130.901.
18.54.040 Officers. The board must elect a chairman
and secretary from its members, to serve for a term of one
year or until their successors are elected and qualified.
[1963 c 25 § 4.]
18.54.050 Meetings. The board must meet at least
once yearly or more frequently upon call of the chairman or
the secretary of health at such times and places as the
chairman or the secretary of health may designate by giving
three days’ notice or as otherwise required by RCW
42.30.075. [1991 c 3 § 139; 1989 c 175 § 65; 1979 c 158
§ 48; 1975 1st ex.s. c 69 § 9; 1963 c 25 § 5.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
18.54.060 Quorum. Three members constitute a
quorum for the transaction of business of the board. [1963
c 25 § 6.]
18.54.070 Powers and duties—Examinations—
Rules. The board has the following powers and duties:
(1) To develop and administer, or approve, or both, a
licensure examination. The board may approve an examination prepared or administered by a private testing agency or
association of licensing authorities.
[Title 18 RCW—page 169]
18.54.070
Title 18 RCW: Businesses and Professions
(2) The board shall adopt rules and regulations to
promote safety, protection and the welfare of the public, to
carry out the purposes of this chapter, to aid the board in the
performance of its powers and duties, and to govern the
practice of optometry. [1995 c 198 § 7; 1991 c 3 § 140;
1986 c 259 § 84; 1979 c 158 § 49; 1975 1st ex.s. c 69 § 10;
1963 c 25 § 7.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
18.54.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter and chapter
18.53 RCW. [1987 c 150 § 37; 1986 c 259 § 79.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.54.090 Administrative procedures—Minimum
fees. The board is an administrative agency of the state of
Washington, and the provisions of the administrative procedure act, chapter 34.05 RCW as amended from time to time,
govern the conduct and proceedings of the board. Nothing
in this chapter shall be construed to give the board the power
to set or recommend a minimum schedule of fees to be
charged by licensed optometrist. [1963 c 25 § 9.]
18.54.130 Compensation and travel expenses of
members. Members of the board are entitled to receive
their travel expenses in accordance with RCW 43.03.050 and
43.03.060. Each member of the board will also be compensated in accordance with RCW 43.03.240. [1984 c 287 §
41; 1975-’76 2nd ex.s. c 34 § 39; 1967 c 188 § 3; 1963 c 25
§ 13.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.54.140 Board may draw from health professions
account. Notwithstanding any other provisions of law, rule
or regulation, the board may draw from the health professions account on vouchers approved by the secretary of
health, so much money as is necessary to carry into effect,
to administer, and to enforce the provisions of this chapter.
[1991 c 3 § 141; 1983 c 168 § 9; 1979 c 158 § 50; 1975 1st
ex.s. c 69 § 12; 1963 c 25 § 14.]
Severability—1983 c 168: See RCW 18.120.910.
Severability—1975 1st ex.s. c 69: See RCW 18.53.911.
Health professions account: RCW 43.70.320.
18.54.150 Devolution of powers relating to revocation of certificates. All powers previously vested in the
director of licenses under the provisions of RCW 18.53.100
are vested in the optometry board. [1963 c 25 § 15.]
18.54.900 Short title. This act may be known and
cited as the "optometry board act." [1963 c 25 § 16.]
[Title 18 RCW—page 170]
18.54.910 Severability—1963 c 25. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provisions to other persons or circumstances is not
affected. [1963 c 25 § 17.]
18.54.920 RCW 43.24.060 and 43.24.120 not
applicable to optometry. The provisions of RCW
43.24.060 and 43.24.120 are not applicable to the licensing
and regulation of the practice of optometry. [1999 c 240 §
6; 1963 c 25 § 18.]
Examining committee reconstituted as optometry board: RCW 18.54.020.
Chapter 18.55
OCULARISTS
Sections
18.55.005 Regulation of health care professions—Criteria.
18.55.007 License required.
18.55.010 Licensing—Exemptions—Limitations.
18.55.015 Intent.
18.55.020 Definitions.
18.55.030 Licenses—Renewal.
18.55.040 License applicants—Qualifications—Examination.
18.55.045 Examination.
18.55.050 Licenses or registrations—Renewal.
18.55.060 Apprentices.
18.55.066 Application of uniform disciplinary act.
18.55.075 Scope of practice.
18.55.085 Unprofessional conduct.
18.55.095 Authority of secretary.
18.55.105 Out-of-state applicants.
18.55.900 Severability—1980 c 101.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.55.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.55.007 License required. No person may practice
or represent himself or herself as an ocularist without first
having a valid license to do so. [1987 c 150 § 40.]
Severability—1987 c 150: See RCW 18.122.901.
18.55.010 Licensing—Exemptions—Limitations. (1)
Nothing in this chapter shall:
(a) Be construed to limit or restrict a duly licensed
physician or employees working under the personal supervision of a duly licensed physician from the practices enumerated in this chapter;
(b) Be construed to prohibit an unlicensed person from
performing mechanical work upon inert matter in an
ocularist’s office or laboratory;
(c) Be construed to authorize or permit a licensee under
this chapter to hold himself or herself out as being able to,
or to offer to, or to undertake to attempt, by any manner of
means, to examine or exercise eyes, or diagnose, treat,
correct, relieve, operate, or prescribe for disease or any
visual deficiency.
(2) Each practitioner duly licensed pursuant to chapters
18.53, 18.57, and 18.71 RCW shall have all the rights and
(2002 Ed.)
Ocularists
privileges which may accrue under this chapter to ocularists
licensed under this chapter. [1980 c 101 § 1.]
18.55.015 Intent. The legislature finds it necessary to
regulate the practice of ocularist to protect the public health,
safety, and welfare. The legislature intends that only
individuals who meet and maintain minimum standards of
competence and conduct may provide service to the public.
[1991 c 180 § 1.]
18.55.020 Definitions. The terms defined in this
section shall have the meaning ascribed to them wherever
appearing in this chapter, unless a different meaning is specifically used to such term in such statute.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Ocularist" means a person licensed under this
chapter.
(4) "Apprentice" means a person designated an apprentice in the records of the secretary to receive from a licensed
ocularist training and direct supervision in the work of an
ocularist.
(5) "Stock-eye" means an ocular stock prosthesis that
has not been originally manufactured or altered by the
ocularist or service provider selling or fitting, or both, said
prosthesis to a patient or customer. "Altered" means either
taking away or adding materials, or colorization, or otherwise changing the prosthesis’ appearance, function, or fit in
the socket or on the implant of the patient or customer.
(6) "Modified stock-eye" means a stock-eye that has
been altered in some manner by the ocularist or service
provider selling or fitting, or both, said prosthesis to a
patient or customer. "Altered" is as defined in subsection (5)
of this section. A modified stock-eye cannot be defined as
either a "custom" or "impression-fitted" eye or prosthesis by
adding material that incorporates an impression-surface of
the patient or customer socket or implant surfaces.
(7) "Custom-eye" means an original, newly manufactured eye or prosthesis that has been specifically crafted by
an ocularist or authorized service provider for the patient or
customer to whom it is sold or provided. The "custom-eye"
may be either an impression-fitted eye (an impression of the
socket or implant surfaces) or an empirical/wax pattern-fitted
method eye, or a combination of either, as delineated in the
ocularist examination. [1994 sp.s. c 9 § 504; 1991 c 180 §
2; (1991 c 3 § 142 repealed by 1991 sp.s. c 11 § 2); 1980 c
101 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.55.030 Licenses—Renewal. The secretary shall
determine administrative procedures, administrative requirements, and fees for licenses and renewals as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 31; 1991 c
3 § 143; 1980 c 101 § 3.]
18.55.040 License applicants—Qualifications—
Examination. No applicant shall be licensed under this
chapter until the applicant complies with administrative
procedures, administrative requirements, and fees determined
(2002 Ed.)
18.55.010
by the secretary according to RCW 43.70.250 and 43.70.280.
Qualifications must require that the applicant:
(1) Is eighteen years or more of age;
(2) Has graduated from high school or has received a
general equivalency degree;
(3) Is of good moral character; and
(4)(a) Had at least ten thousand hours of apprenticeship
training under the direct supervision of a licensed ocularist;
or
(b) Successfully completed a prescribed course in
ocularist training programs approved by the secretary; or
(c) Has had at least ten thousand hours of apprenticeship
training under the direct supervision of a practicing ocularist,
or has the equivalent experience as a practicing ocularist, or
any combination of training and supervision, not in the state
of Washington; and
(5) Successfully passes an examination conducted or
approved by the secretary. [1996 c 191 § 32; 1991 c 180 §
4; (1991 c 3 § 144 repealed by 1991 sp.s. c 11 § 2); 1985 c
7 § 53; 1980 c 101 § 4.]
18.55.045 Examination. The secretary may approve
an examination prepared or administered by a private testing
agency or association of licensing authorities. The examination shall determine if the applicant has a thorough knowledge of the principles governing the practice of an ocularist.
[1991 c 180 § 5.]
18.55.050 Licenses or registrations—Renewal.
Every individual licensed or registered under this chapter
shall comply with administrative procedures, administrative
requirements, and fees determined by the secretary, as
provided by RCW 43.70.250 and 43.70.280 to renew his or
her license. [1996 c 191 § 33; 1991 c 180 § 6; (1991 c 3 §
145 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 § 54; 1980
c 101 § 7.]
18.55.060 Apprentices. (1) A person wishing to work
as an apprentice ocularist shall submit to the secretary the
registration fee and completed application form signed by the
applicant and the licensed ocularist who shall be responsible
for the acts of the apprentice in the performance of his or
her work in the apprenticeship program.
(2) Apprentices shall complete their ten thousand hours
of apprenticeship within eight years and shall not work
longer as an apprentice unless the secretary determines, after
a hearing, that the apprentice was prevented by causes
beyond his or her control from completing the apprenticeship
and becoming a licensee hereunder in eight years.
(3) No licensee under this chapter may have more than
two apprentices in training at one time. [1991 c 180 § 7;
1991 c 3 § 146; 1980 c 101 § 5.]
Reviser’s note: This section was amended by 1991 c 3 § 146 and by
1991 c 180 § 7, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
18.55.066 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
[Title 18 RCW—page 171]
18.55.066
Title 18 RCW: Businesses and Professions
the discipline of licensees under this chapter. [1987 c 150
§ 39; 1986 c 259 § 89.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.55.075 Scope of practice. An ocularist designs,
fabricates, and fits ocular prosthetic appliances. An ocularist
is authorized to perform the necessary procedures to provide
an ocular prosthetic service for the patient in the ocularist’s
office or laboratory on referral of a physician. A referral is
not required for the replacement of an ocular prosthetic
appliance. The ocularist is authorized to make judgment on
the needed care, replacement, and use of an ocular prosthetic
appliance. The ocularist is authorized to design, fabricate,
and fit human prosthetics in the following categories:
(1) Stock and custom prosthetic eyes;
(2) Stock and custom therapeutic scleral shells;
(3) Stock and custom therapeutic painted iris shells;
(4) External orbital and facial prosthetics; and
(5) Ocular conformers: PROVIDED, That nothing
herein shall be construed to allow the fitting or fabricating
of contact lenses. [1991 c 180 § 3.]
18.55.085 Unprofessional conduct. An ocularist or
authorized service provider shall explain to patients or
customers exactly which type of prosthesis or service they
are receiving or purchasing. Failure to do so, or misrepresentation of said services, constitutes unprofessional conduct
under this chapter and chapter 18.130 RCW. [1991 c 180 §
9.]
18.55.095 Authority of secretary. In addition to any
other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a license to any applicant who has met the
education, training, and examination requirements for
licensure and deny a license to applicants who do not meet
the minimum qualifications for licensure. Proceedings
concerning the denial of licenses based on unprofessional
conduct or impaired practice shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(4) Employ clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
hire individuals, including those licensed under this chapter,
to serve as examiners or consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all
applicants and licensees;
(6) Determine the minimum education and experience
requirements for licensure, including but not limited to
approval of educational programs;
(7) Prepare and administer or approve the preparation
and administration of examinations for licensure; and
(8) Establish and implement by rule a continuing
competency program. [1991 c 180 § 8.]
18.55.105 Out-of-state applicants. An applicant
holding a credential in another state may be credentialed to
practice in this state without examination if the secretary
[Title 18 RCW—page 172]
determines that the other state’s credentialing standards are
substantially equivalent to the standards in this state. [1991
c 180 § 12.]
18.55.900 Severability—1980 c 101. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1980 c 101 § 11.]
Chapter 18.57
OSTEOPATHY—OSTEOPATHIC MEDICINE
AND SURGERY
Sections
18.57.001
18.57.002
18.57.003
Definitions.
Regulation of health care professions—Criteria.
State board of osteopathic medicine and surgery—
Membership—Qualifications—Officers—Meetings—
Compensation and travel expenses—Removal.
18.57.005 Powers and duties of board.
18.57.011 Application of uniform disciplinary act.
18.57.020 Licenses—Application requirements.
18.57.031 License required.
18.57.035 Postgraduate training licenses.
18.57.040 Licensing exemptions.
18.57.045 Inactive licenses.
18.57.050 Renewal of licenses—Continuing education requirements.
18.57.080 Examinations.
18.57.130 Persons licensed by other states—Requirements—Fees.
18.57.140 Advertising regulations.
18.57.145 Use of designations in combination with name.
18.57.150 Applicability of health regulations.
18.57.160 Unlawful practices—Penalty.
18.57.174 Duty to report unprofessional conduct—Exceptions.
18.57.245 Insurer’s report of malpractice payments.
18.57.250 Physician members of committees to evaluate credentials
and qualifications of physicians—Immunity from civil
suit.
18.57.260 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit.
18.57.270 Records of medical society or hospital committee or board
not subject to civil process.
18.57.280 Joint practice arrangements.
18.57.900 Interchangeable terms.
18.57.910 Repeal.
18.57.915 Severability—1979 c 117.
Actions against, limitation of: RCW 4.16.350.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
18.57.001 Definitions. As used in this chapter:
(1) "Board" means the Washington state board of
osteopathic medicine and surgery;
(2) "Department" means the department of health;
(3) "Secretary" means the secretary of health; and
(4) "Osteopathic medicine and surgery" means the use
of any and all methods in the treatment of disease, injuries,
deformities, and all other physical and mental conditions in
and of human beings, including the use of osteopathic
manipulative therapy. [1996 c 178 § 2; 1991 c 160 § 1;
1991 c 3 § 147; 1979 c 117 § 1.]
(2002 Ed.)
Osteopathy—Osteopathic Medicine and Surgery
Effective date—1996 c 178: See note following RCW 18.35.110.
18.57.002 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.57.003 State board of osteopathic medicine and
surgery—Membership—Qualifications—Officers—
Meetings—Compensation and travel expenses—Removal.
There is hereby created an agency of the state of Washington, consisting of seven individuals appointed by the governor to be known as the Washington state board of osteopathic medicine and surgery.
On expiration of the term of any member, the governor
shall appoint for a period of five years a qualified individual
to take the place of such member. Each member shall hold
office until the expiration of the term for which such
member is appointed or until a successor shall have been
appointed and shall have qualified. Initial appointments shall
be made and vacancies in the membership of the board shall
be filled for the unexpired term by appointment by the
governor.
Each member of the board shall be a citizen of the
United States and must be an actual resident of this state.
One member shall be a consumer who has neither a financial
nor a fiduciary relationship to a health care delivery system,
and every other member must have been in active practice
as a licensed osteopathic physician and surgeon in this state
for at least five years immediately preceding appointment.
The board shall elect a chairperson, a secretary, and a
vice-chairperson from its members. Meetings of the board
shall be held at least four times a year and at such place as
the board shall determine and at such other times and places
as the board deems necessary.
An affirmative vote of a simple majority of the members present at a meeting or hearing shall be required for the
board to take any official action. The board may not take
any action without a quorum of the board members present.
A simple majority of the board members currently serving
constitutes a quorum of the board.
Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060.
Any member of the board may be removed by the
governor for neglect of duty, misconduct, malfeasance or
misfeasance in office, or upon written request of two-thirds
of the physicians licensed under this chapter and in active
practice in this state. [1991 c 160 § 2; 1984 c 287 § 42;
1979 c 117 § 2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.57.005 Powers and duties of board. The board
shall have the following powers and duties:
(1) To administer examinations to applicants for
licensure under this chapter;
(2) To make such rules and regulations as are not
inconsistent with the laws of this state as may be deemed
necessary or proper to carry out the purposes of this chapter;
(2002 Ed.)
18.57.001
(3) To establish and administer requirements for
continuing professional education as may be necessary or
proper to insure the public health and safety as a prerequisite
to granting and renewing licenses under this chapter: PROVIDED, That such rules shall not require a licensee under
this chapter to engage in continuing education related to or
provided by any specific branch, school, or philosophy of
medical practice or its political and/or professional organizations, associations, or societies;
(4) To keep an official record of all its proceedings,
which record shall be evidence of all proceedings of the
board which are set forth therein. [1986 c 259 § 94; 1979
c 117 § 3.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.57.011 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 41; 1986 c 259 § 92.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.57.020 Licenses—Application requirements. A
license shall be issued by the secretary authorizing the holder
to practice osteopathic medicine and surgery. In order to
procure a license to practice osteopathic medicine and
surgery, the applicant must provide the board evidence that
a diploma has been issued to the applicant by an accredited
school of osteopathic medicine and surgery, approved by the
board. The application shall be made upon a form prepared
by the secretary, with the approval of the board, and it shall
contain such information concerning said osteopathic medical
instruction and the preliminary education of the applicant as
the board may by rule provide. Applicants who have failed
to meet the requirements must be rejected.
An applicant for a license to practice osteopathic
medicine and surgery must furnish evidence satisfactory to
the board that he or she has served for not less than one year
in a postgraduate training program approved by the board.
In addition, the applicant may be required to furnish
evidence satisfactory to the board that he or she is physically
and mentally capable of safely carrying on the practice of
osteopathic medicine and surgery. The board may require
any applicant to submit to such examination or examinations
as it deems necessary to determine an applicant’s physical
and/or mental capability to safely practice osteopathic
medicine and surgery. The applicant shall also show that he
or she has not been guilty of any conduct which would
constitute grounds for denial, suspension, or revocation of
such license under the laws of the state of Washington.
Nothing in this section shall be construed as prohibiting
the board from requiring such additional information from
applicants as it deems necessary.
Nothing in this chapter shall be construed to require any
applicant for licensure, or any licensee, as a requisite of
retaining or renewing licensure under this chapter, to be a
member of any political and/or professional organization.
[1991 c 160 § 3; (1991 c 3 § 148 repealed by 1991 sp.s. c
11 § 2); 1979 c 117 § 11; 1959 c 110 § 1; 1919 c 4 § 4;
[Title 18 RCW—page 173]
18.57.020
Title 18 RCW: Businesses and Professions
RRS § 10056. Cf. 1909 c 192 § 6. Formerly RCW
18.57.020, 18.57.060, 18.57.070, and 18.57.090.]
18.57.031 License required. No person may practice
or represent himself or herself as an osteopathic physician
and surgeon without first having a valid license to do so.
[1987 c 150 § 42.]
Severability—1987 c 150: See RCW 18.122.901.
18.57.035 Postgraduate training licenses. The board
may grant approval to issue without examination a license to
an osteopathic physician and surgeon in a board-approved
postgraduate training program in this state if the applicant
files an application and meets all the requirements for
licensure set forth in RCW 18.57.020 except for completion
of one year of postgraduate training. The secretary shall
issue a postgraduate osteopathic medicine and surgery
license that permits the physician in postgraduate training to
practice osteopathic medicine and surgery only in connection
with his or her duties as a physician in postgraduate training
and does not authorize the physician to engage in any other
form of practice. Each physician in postgraduate training
shall practice osteopathic medicine and surgery only under
the supervision of a physician licensed in this state under
this chapter or chapter 18.71 RCW, but such supervision
shall not be construed to necessarily require the personal
presence of the supervising physician at the place where
services are rendered.
All persons licensed under this section shall be subject
to the jurisdiction of the board of osteopathic medicine and
surgery as set forth in this chapter and chapter 18.130 RCW.
Persons applying for licensure pursuant to this section
shall comply with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. Any person who obtains a license
pursuant to this section may, apply for licensure under this
chapter, but shall submit a new application form and comply
with all other licensing requirements of this chapter. [1996
c 191 § 34; 1991 c 160 § 9.]
18.57.040 Licensing exemptions. Nothing in this
chapter shall be construed to prohibit:
(1) Service in the case of emergency;
(2) The domestic administration of family remedies;
(3) The practice of midwifery as permitted under
chapter 18.50 RCW;
(4) The practice of osteopathic medicine and surgery by
any commissioned medical officer in the United States
government or military service or by any osteopathic
physician and surgeon employed by a federal agency, in the
discharge of his or her official duties;
(5) Practice by a dentist licensed under chapter 18.32
RCW when engaged exclusively in the practice of dentistry;
(6) Practice by any osteopathic physician and surgeon
from any other state or territory in which he or she resides:
PROVIDED, That such practitioner shall not open an office
or appoint a place of meeting patients or receive calls within
the limits of this state;
(7) Practice by a person who is a student enrolled in an
accredited school of osteopathic medicine and surgery
approved by the board: PROVIDED, That the performance
[Title 18 RCW—page 174]
of such services be only pursuant to a course of instruction
or assignments from his or her instructor or school, and such
services are performed only under the supervision of a
person licensed pursuant to this chapter or chapter 18.71
RCW;
(8) Practice by an osteopathic physician and surgeon
serving a period of clinical postgraduate medical training in
a postgraduate program approved by the board: PROVIDED, That the performance of such services be only pursuant
to a course of instruction in said program, and said services
are performed only under the supervision and control of a
person licensed pursuant to this chapter or chapter 18.71
RCW; or
(9) Practice by a person who is enrolled in a physician
assistant program approved by the board who is performing
such services only pursuant to a course of instruction in said
program: PROVIDED, That such services are performed
only under the supervision and control of a person licensed
pursuant to this chapter or chapter 18.71 RCW.
This chapter shall not be construed to apply in any
manner to any other system or method of treating the sick or
afflicted or to apply to or interfere in any way with the
practice of religion or any kind of treatment by prayer.
[1991 c 160 § 5; 1919 c 4 § 19; RRS § 10071. FORMER
PART OF SECTION: 1921 c 82 § 1, part; 1919 c 4 § 17,
part; RRS § 10069, part, now codified in RCW 18.57.130.]
Midwifery: Chapter 18.50 RCW.
18.57.045 Inactive licenses. A licensed osteopathic
physician and surgeon who desires to leave the active
practice of osteopathic medicine and surgery in this state
may secure from the secretary an inactive license. The
administrative procedures, administrative requirements, and
fees for an inactive license shall be determined as provided
in RCW 43.70.250 and 43.70.280. The holder of an inactive
license may reactivate his or her license to practice osteopathic medicine and surgery in accordance with rules
adopted by the board. [1996 c 191 § 35; 1991 c 160 § 4.]
18.57.050 Renewal of licenses—Continuing education requirements. The board may establish rules and
regulations governing mandatory continuing education
requirements which shall be met by physicians applying for
renewal of licenses. Administrative procedures, administrative requirements, and fees for applications and renewals
shall be established as provided in RCW 43.70.250 and
43.70.280. The board shall determine prerequisites for
relicensing. [1996 c 191 § 36; 1991 c 160 § 6; (1991 c 3 §
149 repealed by 1991 sp.s. c 11 § 2); 1985 c 7 § 55; 1979
c 117 § 12; 1975 1st ex.s. c 30 § 58; 1971 ex.s. c 266 § 11;
1919 c 4 § 6; RRS § 10058. Cf. 1909 c 192 § 7. Formerly
RCW 18.57.050 and 18.57.120.]
18.57.080 Examinations. Applicants for a license to
practice osteopathic medicine and surgery must successfully
complete an examination prepared or approved by the board.
The examination shall be conducted in the English language,
shall determine the applicant’s fitness to practice osteopathic
medicine and surgery, and may be in whole or in part in
writing or by practical application on those general subjects
and topics of which knowledge is commonly and generally
(2002 Ed.)
Osteopathy—Osteopathic Medicine and Surgery
required of applicants who have obtained the doctor of
osteopathic medicine and surgery conferred by accredited
schools of osteopathic medicine and surgery approved by the
board. If an examination does not encompass the subject of
osteopathic principles and practice, the applicant shall be
required to complete the board-administered examination.
The board may prepare and administer or approve preparation and administration of examinations on such subjects as
the board deems advisable. The examination papers of any
examination administered by the board shall form a part of
the applicant’s records and shall be retained as determined
by the secretary for a period of not less than one year. All
applicants for examination or reexamination shall comply
with administrative procedures, administrative requirements,
and fees determined as provided in RCW 43.70.250 and
43.70.280. [1996 c 191 § 37; 1991 c 160 § 7; (1991 c 3 §
150 repealed by 1991 sp.s. c 11 § 2); 1979 c 117 § 13; 1919
c 4 § 5; RRS § 10057. Cf. 1909 c 192 § 6. Formerly RCW
18.57.080 and 18.57.090, part.]
18.57.130 Persons licensed by other states—
Requirements—Fees. Any person who meets the requirements of RCW 18.57.020 as now or hereafter amended and
has been examined and licensed to practice osteopathic
medicine and surgery by a state board of examiners of another state or the duly constituted authorities of another state
authorized to issue licenses to practice osteopathic medicine
and surgery upon examination, shall upon approval of the
board be entitled to receive a license to practice osteopathic
medicine and surgery in this state upon complying with
administrative procedures, administrative requirements, and
paying a fee determined as provided in RCW 43.70.250 and
43.70.280 and filing a copy of his or her license in such
other state, duly certified by the authorities granting the license to be a full, true, and correct copy thereof, and
certifying also that the standard of requirements adopted by
such authorities as provided by the law of such state is
substantially equal to that provided for by the provisions of
this chapter: PROVIDED, That no license shall issue
without examination to any person who has previously failed
in an examination held in this state: PROVIDED, FURTHER, That all licenses herein mentioned may be revoked
for unprofessional conduct, in the same manner and upon the
same grounds as if issued under this chapter: PROVIDED,
FURTHER, That no one shall be permitted to practice
surgery under this chapter who has not a license to practice
osteopathic medicine and surgery. [1996 c 191 § 38. Prior:
1991 c 160 § 10; 1991 c 3 § 151; 1985 c 7 § 56; 1979 c 117
§ 15; 1975 1st ex.s. c 30 § 59; 1921 c 82 § 1; 1919 c 4 §
17; RRS § 10069. Formerly RCW 18.57.010, 18.57.040,
part, and 18.57.130.]
18.57.140 Advertising regulations. On all cards,
signs, letterheads, envelopes and billheads used by those
licensed by this chapter to practice osteopathic medicine and
surgery the word "osteopathic" shall always immediately
precede the word "physician" and if the word "surgeon" is
used in connection with said name, the word "osteopathic"
shall also immediately precede said word "surgeon." [1996
c 178 § 3; 1919 c 4 § 20; RRS § 10072.]
18.57.080
18.57.145 Use of designations in combination with
name. No provision of this chapter or of any other law
shall prevent any person who holds a valid, unrevoked certificate to practice osteopathic medicine and surgery from
using in combination with his or her name the designation
"Osteopathic Physician and Surgeon" or the abbreviation of
his or her professional degree, Doctor of Osteopathy (D.O.),
provided he or she hold such professional degree, or any
combination thereof upon his or her stationery, in any
professional lists or directories or in other places where the
same may properly appear as permitted within the canons of
ethics approved by the board. [1991 c 160 § 8; 1959 c 110
§ 2.]
18.57.150 Applicability of health regulations. All
persons granted licenses or certificates under this chapter
shall be subject to the state and municipal regulations
relating to the control of contagious diseases, the reporting
and certifying to births and deaths, and all matters pertaining
to public health; and all such reports shall be accepted as
legal. [1919 c 4 § 18; RRS § 10070.]
Vital statistics: Chapter 70.58 RCW.
18.57.160 Unlawful practices—Penalty. Every
person falsely claiming himself to be the person named in a
certificate issued to another, or falsely claiming himself to be
the person entitled to the same, shall be guilty of a felony,
and, upon conviction thereof, shall be subject to such penalties as are provided by the laws of this state for the crime of
forgery. [1981 c 277 § 9; 1919 c 4 § 15; RRS § 10067. Cf.
1909 c 192 § 15.]
Forgery: RCW 9A.60.020.
18.57.174 Duty to report unprofessional conduct—
Exceptions. (1) A health care professional licensed under
chapter 18.57 RCW shall report to the board when he or she
has personal knowledge that a practicing osteopathic physician has either committed an act or acts which may constitute statutorily defined unprofessional conduct or that a
practicing osteopathic physician may be unable to practice
osteopathic medicine with reasonable skill and safety to
patients by reason of illness, drunkenness, excessive use of
drugs, narcotics, chemicals, or any other type of material, or
as a result of any impairing mental or physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee
member of a licensed hospital or by an appropriately
designated professional review committee member of an osteopathic medical society during the investigative phase of
their respective operations if these investigations are completed in a timely manner; or
(b) A treating licensed health care professional of an
osteopathic physician currently involved in a treatment
program as long as the physician patient actively participates
in the treatment program and the physician patient’s impairment does not constitute a clear and present danger to the
public health, safety, or welfare.
(3) The board may impose disciplinary sanctions,
including license suspension or revocation, on any health
care professional subject to the jurisdiction of the board who
Effective date—1996 c 178: See note following RCW 18.35.110.
(2002 Ed.)
[Title 18 RCW—page 175]
18.57.174
Title 18 RCW: Businesses and Professions
has failed to comply with this section. [2000 c 171 § 20;
1986 c 300 § 9.]
Legislative findings—1986 c 300: "(1) The legislature finds that
medical malpractice will be reduced if hospitals establish coordinated
medical malpractice prevention programs and provide greater scrutiny of
physicians prior to granting or renewing hospital privileges.
(2) The legislature also finds that physician disciplinary boards can
reduce medical malpractice if they have access to additional information on
health care providers who are incompetent or impaired." [1986 c 300 § 1.]
Severability—1986 c 300: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 300 § 12.]
18.57.245 Insurer’s report of malpractice payments.
Every institution or organization providing professional
liability insurance to osteopathic physicians shall send a
complete report to the board of all malpractice settlements,
awards, or payments in excess of twenty thousand dollars as
a result of a claim or action for damages alleged to have
been caused by an insured physician’s incompetency or
negligence in the practice of osteopathic medicine. Such
institution or organization shall also report the award,
settlement, or payment of three or more claims during a year
as the result of the alleged physician’s incompetence or
negligence in the practice of medicine regardless of the
dollar amount of the award or payment.
Reports required by this section shall be made within
sixty days of the date of the settlement or verdict. Failure
to comply with this section is punishable by a civil penalty
not to exceed two hundred fifty dollars. [1986 c 300 § 10.]
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
18.57.250 Physician members of committees to
evaluate credentials and qualifications of physicians—
Immunity from civil suit. See RCW 4.24.240.
18.57.260 Physicians filing charges or presenting
evidence before committees, boards, or hospitals—
Immunity from civil suit. See RCW 4.24.250, 4.24.260.
18.57.270 Records of medical society or hospital
committee or board not subject to civil process. See
RCW 4.24.250.
18.57.280 Joint practice arrangements. The board
is directed to jointly adopt by consensus, with the medical
quality assurance commission and the Washington state
nursing care quality assurance commission, a process and
criteria that implements the joint practice arrangements
authorized under RCW 18.79.240(1)(s). [2000 c 64 § 6.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.57.900 Interchangeable terms. The words
"certificates" and "licenses" shall be known as interchangeable terms in this chapter. [1919 c 4 § 21; RRS § 10073.]
18.57.910 Repeal. All acts and parts of acts in
conflict herewith are hereby repealed. [1919 c 4 § 22.]
[Title 18 RCW—page 176]
18.57.915 Severability—1979 c 117. If any provision
of this 1979 act, or its application to any person or circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1979 c 117 § 19.]
Chapter 18.57A
OSTEOPATHIC PHYSICIANS’ ASSISTANTS
Sections
18.57A.005 Regulation of health care professions—Criteria.
18.57A.010 Definitions.
18.57A.020 Rules fixing qualifications and restricting practice—Interim
permit—Applications—Discipline.
18.57A.025 Application of uniform disciplinary act.
18.57A.030 Limitations on practice.
18.57A.040 Practice arrangements.
18.57A.050 Osteopathic physician’s liability, responsibility.
18.57A.060 Limitations on health care services.
18.57A.070 Physician assistant acupuncturist—Licensure.
Reviser’s note: Certain powers and duties of the department of
licensing and the director of licensing transferred to the department of health
and the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.57A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.57A.010 Definitions. (1) "Osteopathic physician’s
assistant" means a person who has satisfactorily completed
a board-approved training program designed to prepare
persons to practice osteopathic medicine to a limited extent;
(2) "Board" means the board of osteopathic medicine
and surgery; and
(3) "Practice medicine" shall have the meaning defined
in RCW 18.57.001. [1979 c 117 § 17; 1971 ex.s. c 30 § 7.]
Severability—1979 c 117: See RCW 18.57.915.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.020 Rules fixing qualifications and restricting practice—Interim permit—Applications—Discipline.
(1) The board shall adopt rules fixing the qualifications and
the educational and training requirements for licensure as an
osteopathic physician assistant or for those enrolled in any
physician assistant training program. The requirements shall
include completion of an accredited physician assistant
training program approved by the board and within one year
successfully take and pass an examination approved by the
board, providing such examination tests subjects substantially
equivalent to the curriculum of an accredited physician
assistant training program. An interim permit may be
granted by the department of health for one year provided
the applicant meets all other requirements. Physician
assistants licensed by the board of osteopathic medicine as
of July 1, 1999, shall continue to be licensed.
(2)(a) The board shall adopt rules governing the extent
to which:
(i) Physician assistant students may practice medicine
during training; and
(2002 Ed.)
Osteopathic Physicians’ Assistants
(ii) Physician assistants may practice after successful
completion of a training course.
(b) Such rules shall provide:
(i) That the practice of an osteopathic physician assistant
shall be limited to the performance of those services for
which he or she is trained; and
(ii) That each osteopathic physician assistant shall
practice osteopathic medicine only under the supervision and
control of an osteopathic physician licensed in this state, but
such supervision and control shall not be construed to
necessarily require the personal presence of the supervising
physicians at the place where services are rendered. The
board may authorize the use of alternative supervisors who
are licensed either under chapter 18.57 or 18.71 RCW.
(3) Applicants for licensure shall file an application with
the board on a form prepared by the secretary with the
approval of the board, detailing the education, training, and
experience of the physician assistant and such other information as the board may require. The application shall be
accompanied by a fee determined by the secretary as
provided in RCW 43.70.250 and 43.70.280. A surcharge of
twenty-five dollars per year may be charged on each license
renewal or issuance of a new license to be collected by the
department of health for physician assistant participation in
an impaired practitioner program. Each applicant shall
furnish proof satisfactory to the board of the following:
(a) That the applicant has completed an accredited
physician assistant program approved by the board and is
eligible to take the examination approved by the board;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable
of practicing osteopathic medicine as an osteopathic physician assistant with reasonable skill and safety. The board
may require any applicant to submit to such examination or
examinations as it deems necessary to determine an
applicant’s physical and/or mental capability to safely
practice as an osteopathic physician assistant.
(4) The board may approve, deny, or take other disciplinary action upon the application for a license as provided
in the uniform disciplinary act, chapter 18.130 RCW. The
license shall be renewed as determined under RCW
43.70.250 and 43.70.280. [1999 c 127 § 2; 1998 c 132 § 13;
1996 c 191 § 39; 1993 c 28 § 1; 1992 c 28 § 1; 1971 ex.s.
c 30 § 8.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.025 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the approval or disapproval of applications and the discipline
of persons authorized to practice under this chapter. [1986
c 259 § 93.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.57A.030 Limitations on practice. An osteopathic
physician assistant as defined in this chapter may practice
osteopathic medicine in this state only with the approval of
the practice arrangement plan by the board and only to the
extent permitted by the board. An osteopathic physician
assistant who has received a license but who has not
(2002 Ed.)
18.57A.020
received board approval of the practice arrangement plan
under RCW 18.57A.040 may not practice. An osteopathic
physician assistant shall be subject to discipline by the board
under the provisions of chapter 18.130 RCW. [1993 c 28 §
2; 1986 c 259 § 95; 1971 ex.s. c 30 § 9.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.040 Practice arrangements. (1) No osteopathic physician assistant practicing in this state shall be
employed or supervised by an osteopathic physician or
physician group without the approval of the board.
(2) Prior to commencing practice, an osteopathic
physician assistant licensed in this state shall apply to the
board for permission to be employed or supervised by an
osteopathic physician or physician group. The practice
arrangement plan shall be jointly submitted by the osteopathic physician or physician group and osteopathic physician
assistant. The secretary may charge a fee as provided in
RCW 43.70.250 to recover the cost for the plan review. The
practice arrangement plan shall delineate the manner and
extent to which the physician assistant would practice and be
supervised. Whenever an osteopathic physician assistant is
practicing in a manner inconsistent with the approved
practice arrangement plan, the board may take disciplinary
action under chapter 18.130 RCW. [1993 c 28 § 3; 1991 c
3 § 152. Prior: 1986 c 259 § 96; 1985 c 7 § 57; 1975 1st
ex.s. c 30 § 60; 1971 ex.s. c 30 § 10.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.050 Osteopathic physician’s liability,
responsibility. No osteopathic physician who supervises a
licensed osteopathic physician assistant in accordance with
and within the terms of any permission granted by the board
shall be considered as aiding and abetting an unlicensed
person to practice osteopathic medicine within the meaning
of RCW 18.57.001: PROVIDED, HOWEVER, That the
supervising osteopathic physician and the osteopathic
physician assistant shall retain professional and personal
responsibility for any act which constitutes the practice of
osteopathic medicine as defined in RCW 18.57.001 when
performed by the physician assistant. [1993 c 28 § 4; 1986
c 259 § 97; 1971 ex.s. c 30 § 11.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.060 Limitations on health care services. No
health care services may be performed under this chapter in
any of the following areas:
(1) The measurement of the powers or range of human
vision, or the determination of the accommodation and
refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or
frames for the aid thereof.
(2) The prescribing or directing the use of, or using, any
optical device in connection with ocular exercises, visual
training, vision training or orthoptics.
(3) The prescribing of contact lenses for, or the fitting
or adaptation of contact lenses to, the human eye.
[Title 18 RCW—page 177]
18.57A.060
Title 18 RCW: Businesses and Professions
(4) Nothing in this section shall preclude the performance of routine visual screening.
(5) The practice of dentistry or dental hygiene as
defined in chapter 18.32 and 18.29 RCW respectively. The
exemptions set forth in RCW 18.32.030, paragraphs (1) and
(8), shall not apply to a physician’s assistant.
(6) The practice of chiropractic as defined in chapter
18.25 RCW including the adjustment or manipulation of the
articulations of the spine.
(7) The practice of podiatric medicine and surgery as
defined in chapter 18.22 RCW. [2000 c 171 § 21; 1973 c
77 § 20; 1971 ex.s. c 30 § 12.]
Severability—1971 ex.s. c 30: See note following RCW 18.71A.010.
18.57A.070 Physician assistant acupuncturist—
Licensure. Any physician assistant acupuncturist currently
licensed as a physician assistant may continue to perform
acupuncture under the physician assistant license as long as
he or she maintains licensure as a physician assistant. [2000
c 93 § 41; 1977 ex.s. c 233 § 1.]
Acupuncture: Chapter 18.06 RCW.
Chapter 18.59
OCCUPATIONAL THERAPY
Sections
18.59.005
18.59.010
18.59.020
18.59.031
18.59.040
18.59.050
18.59.060
18.59.070
Regulation of health care professions—Criteria.
Purpose.
Definitions.
License required.
Activities not regulated by chapter—Limited permits.
Licenses—Application—Requirements—Waiver.
Examinations.
Waiver of examination and licensing requirements—
Applicants licensed in other states or territories.
18.59.080 License issuance—Posting required.
18.59.090 Renewal of licenses—Reinstatement of suspended or revoked licenses—Inactive status.
18.59.100 Duty to refer medical cases.
18.59.110 Applications—Licenses—Limited permits.
18.59.120 Board of occupational therapy practice established—
Members—Terms—Meetings—Compensation.
18.59.130 Board—Powers and duties—Rules.
18.59.141 Application of uniform disciplinary act.
18.59.150 Board—Staff.
18.59.900 Short title.
18.59.905 Severability—1984 c 9.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
18.59.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.59.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means the board of occupational therapy
practice.
(2) "Occupational therapy" is the scientifically based use
of purposeful activity with individuals who are limited by
physical injury or illness, psychosocial dysfunction, developmental or learning disabilities, or the aging process in order
to maximize independence, prevent disability, and maintain
health. The practice encompasses evaluation, treatment, and
consultation. Specific occupational therapy services include
but are not limited to: Using specifically designed activities
and exercises to enhance neurodevelopmental, cognitive,
perceptual motor, sensory integrative, and psychomotor
functioning; administering and interpreting tests such as
manual muscle and sensory integration; teaching daily living
skills; developing prevocational skills and play and avocational capabilities; designing, fabricating, or applying
selected orthotic and prosthetic devices or selected adaptive
equipment; and adapting environments for the handicapped.
These services are provided individually, in groups, or
through social systems.
(3) "Occupational therapist" means a person licensed to
practice occupational therapy under this chapter.
(4) "Occupational therapy assistant" means a person
licensed to assist in the practice of occupational therapy
under the supervision or with the regular consultation of an
occupational therapist.
(5) "Occupational therapy aide" means a person who is
trained to perform specific occupational therapy techniques
under professional supervision as defined by the board but
who does not perform activities that require advanced
training in the sciences or practices involved in the profession of occupational therapy.
(6) "Occupational therapy practitioner" means a person
who is credentialed as an occupational therapist or occupational therapy assistant.
(7) "Person" means any individual, partnership, unincorporated organization, or corporate body, except that only an
individual may be licensed under this chapter.
(8) "Department" means the department of health.
(9) "Secretary" means the secretary of health. [1999 c
333 § 1; 1991 c 3 § 153; 1984 c 9 § 3.]
18.59.031 License required. No person may practice
or represent himself or herself as an occupational therapy
practitioner without first having a valid license to do so.
[1999 c 333 § 2; 1987 c 150 § 44.]
Severability—1987 c 150: See RCW 18.122.901.
18.59.010 Purpose. In order to safeguard the public
health, safety, and welfare; to protect the public from being
mislead by incompetent, unethical, and unauthorized persons;
to assure the highest degree of professional conduct on the
part of occupational therapists and occupational therapy
assistants; and to assure the availability of occupational
therapy services of high quality to persons in need of such
services, it is the purpose of this chapter to provide for the
regulation of persons offering occupational therapy services
to the public. [1984 c 9 § 2.]
[Title 18 RCW—page 178]
18.59.040 Activities not regulated by chapter—
Limited permits. This chapter shall not be construed as
preventing or restricting the practice, services, or activities
of:
(1) A person licensed in this state under any other law
from engaging in the profession or occupation for which the
person is licensed;
(2) A person employed as an occupational therapist or
occupational therapy assistant by the government of the
United States, if the person provides occupational therapy
(2002 Ed.)
Occupational Therapy
solely under the directions or control of the organization by
which the person is employed;
(3) A person pursuing a course of study leading to a
degree or certificate in occupational therapy in an accredited
or approved educational program if the activities and
services constitute a part of a supervised course of study, if
the person is designated by a title which clearly indicated the
person’s status as a student or trainee;
(4) A person fulfilling the supervised fieldwork experience requirements of RCW 18.59.050, if the activities and
services constitute a part of the experience necessary to meet
the requirements of RCW 18.59.050;
(5) A person performing occupational therapy services
in the state, if the services are performed for no more than
ninety working days and if:
(a) The person is licensed under the laws of another
state which has licensure requirements at least as stringent as
the requirements of this chapter, as determined by the board;
or
(b) The person has met commonly accepted standards
for the practice of occupational therapy as specifically
defined by the board;
(6) A person employed by or supervised by an occupational therapist as an occupational therapy aide;
(7) A person with a limited permit. A limited permit
may be granted to persons who have completed the education and experience requirements of this chapter, or education and experience requirements which the board deems
equivalent to those specified as requirements for licensure.
The limited permit allows the applicant to practice in
association with an occupational therapist. The limited
permit is valid until the results of the next examination have
been made public. One extension of this permit may be
granted if the applicant has failed the examination, but
during this period the person shall be under the direct
supervision of an occupational therapist;
(8) Any persons who teach daily living skills, develop
prevocational skills, and play and avocational capabilities, or
adapt equipment or environments for the handicapped, or
who do specific activities to enhance cognitive, perceptual
motor, sensory integrative and psychomotor skills, but who
do not hold themselves out to the public by any title, initials,
or description of services as being engaged in the practice of
occupational therapy; or
(9) Any person who designs, fabricates, or applies
orthotic or prosthetic devices which are prescribed by a
health care professional authorized by the laws of the state
of Washington to prescribe the device or to direct the design,
fabrication or application of the device. [1985 c 296 § 1;
1984 c 9 § 5.]
18.59.050 Licenses—Application—Requirements—
Waiver. (1) An applicant applying for a license as an
occupational therapist or as an occupational therapy assistant
shall file a written application on forms provided by the
department showing to the satisfaction of the board that the
applicant meets the requirements specified in this subsection.
(a) The applicant shall be of good moral character.
(b) The applicant shall present evidence satisfactory to
the board of having successfully completed the academic
requirements of an educational program in occupational
(2002 Ed.)
18.59.040
therapy recognized by the board, with concentration in biological or physical science, psychology, sociology, and with
education in selected manual skills.
(i) For an occupational therapist, such a program shall
be nationally accredited and approved by rules of the board.
(ii) For an occupational therapy assistant, such a
program shall be nationally accredited and approved by rules
of the board.
(c) The applicant shall submit to the board evidence of
having successfully completed a period of supervised
fieldwork experience at a recognized educational institution
or a training program approved by the educational institution
at which the applicant met the academic requirements.
(i) For an occupational therapist, a minimum of six
months of supervised fieldwork experience is required.
(ii) For an occupational therapy assistant, a minimum of
two months of supervised fieldwork experience is required.
(d) An applicant for licensure as an occupational
therapist or as an occupational therapy assistant shall pass an
examination as provided in RCW 18.59.060.
(2) The board may waive the educational requirements
specified under subsection (1)(b)(ii) of this section for an
occupational therapy assistant who has met the experience
and any other requirements established by the board. Upon
successful completion of the examination required of the
occupational therapist, the individual shall be granted a
license. [1984 c 9 § 6.]
18.59.060 Examinations. (1) A person applying for
licensure shall demonstrate eligibility in accordance with
RCW 18.59.050 and shall apply for examination upon a
form and in such a manner as the department prescribes.
The application shall be accompanied by the fee prescribed
by RCW 18.59.110, which fee shall not be refunded. A
person who fails an examination may apply for reexamination. The application shall be accompanied by the prescribed
fee.
(2) An applicant for licensure under this chapter shall be
given a written examination to test the applicant’s knowledge
of the basic and clinical sciences relating to occupational
therapy and occupational therapy theory and practice,
including the applicant’s professional skills of occupational
therapy techniques and methods, and such other subjects as
the board deems useful to determine the applicant’s fitness
to practice. The board shall approve the examination and
establish standards for acceptable performance.
(3) Applicants for licensure shall be examined at a time
and place and under such supervision as the board may
determine. The examination shall be given at least twice
each year at such places as the board determines, and the
board shall give reasonable public notice of the examinations
in accordance with its rules at least sixty days prior to the
administration of the examination.
(4) Applicants may obtain their examination scores and
may review their papers in accordance with such rules as the
board establishes. [1984 c 9 § 7.]
18.59.070 Waiver of examination and licensing
requirements—Applicants licensed in other states or
territories. (1) The board shall waive the examination and
grant a license to a person engaged in the profession of an
[Title 18 RCW—page 179]
18.59.070
Title 18 RCW: Businesses and Professions
occupational therapist or an occupational therapy assistant on
June 7, 1984, if the board determines that the person meets
commonly accepted standards for the profession, as established by rule of the board. The board may waive the
examination, education, or experience requirements and grant
a license to any person meeting the standards adopted by the
board under this section after June 7, 1984, if the board
considers the requirements for licensure in this chapter as
having been met.
(2) The board may grant a license to any applicant who
presents proof of current licensure as an occupational
therapist or occupational therapy assistant in another state,
the District of Columbia, or a territory of the United States,
which requires standards for licensure considered by the
board to be equivalent to the requirements for licensure
under this chapter.
(3) The board shall waive the education and experience
requirements for licensure in RCW 18.59.050(1) (c) and (d)
for applicants for licensure who present evidence to the
board that they have been engaged in the practice of occupational therapy for the three years immediately prior to June
7, 1984. The proof of actual practice shall be presented to
the board in such a manner as the board prescribes by rule.
To obtain the waiver, an applicant shall file an application
for examination no later than six months from June 7, 1984.
An applicant who has filed for examination under this
subsection shall be excluded from the licensure requirement
until the date the results of the examination are made public,
and may conduct the appropriate activities under *RCW
18.59.030. [1984 c 9 § 8.]
license in an inactive status. The secretary may prescribe requirements for maintaining an inactive status and converting
from an inactive or active status. [1991 c 3 § 155; 1990 c
13 § 1; 1984 c 9 § 10.]
*Reviser’s note: RCW 18.59.030 was repealed by 1986 c 259 § 103.
18.59.120 Board of occupational therapy practice
established—Members—Terms—Meetings—
Compensation. (1) There is established a board of occupational therapy practice. The board shall consist of five
members appointed by the governor, who may consider the
persons who are recommended for appointment by occupational therapy associations of the state. The members of the
board shall be residents of the state. Four of the members
shall have been engaged in rendering services to the public,
teaching, or research in occupational therapy for at least five
years immediately preceding their appointment. Three of
these four board members shall be occupational therapists
who shall at all times be holders of licenses for the practice
of occupational therapy in the state, except for the initial
members of the board, all of whom shall fulfill the requirements for licensure under this chapter. At least one member
of the board shall be an occupational therapy assistant
licensed to assist in the practice of occupational therapy,
except for the initial member appointed to this position, who
shall fulfill the requirements for licensure as a occupational
therapy assistant under this chapter. The remaining member
of the board shall be a member of the public with an interest
in the rights of consumers of health services.
(2) The governor shall, within sixty days after June 7,
1984, appoint one member for a term of one year, two
members for a term of two years, and two members for a
term of three years. Appointments made thereafter shall be
for three-year terms, but no person shall be appointed to
serve more than two consecutive full terms. Terms shall
begin on the first day of the calendar year and end on the
last day of the calendar year or until successors are appointed, except for the initial appointed members, who shall serve
18.59.080 License issuance—Posting required. The
secretary shall issue a license to a person who meets the
licensing requirements of this chapter upon payment of the
prescribed license fee. The license shall be posted in a conspicuous location at the person’s work site. [1991 c 3 §
154; 1984 c 9 § 9.]
18.59.090 Renewal of licenses—Reinstatement of
suspended or revoked licenses—Inactive status. (1)
Licenses under this chapter shall be renewed at the time and
in the manner determined by the secretary and with the
payment of a renewal fee. The board shall establish requirements for license renewal which provide evidence of
continued competency. The secretary may provide for the
late renewal of a license upon the payment of a late fee in
accordance with its rules which may include additional
continuing education or examination requirements.
(2) A suspended license is subject to expiration and may
be renewed as provided in this section, but the renewal does
not entitle the licensee, while the license remains suspended
and until it is reinstated, to engage in the licensed activity,
or in any other conduct or activity in violation of the order
or judgment by which the license was suspended. If a license revoked on disciplinary grounds is reinstated, the
licensee, as a condition of reinstatement, shall pay the
renewal fee and any applicable late fee.
(3) Any occupational therapist or occupational therapy
assistant licensed under this chapter not practicing occupational therapy or providing services may place his or her
[Title 18 RCW—page 180]
18.59.100 Duty to refer medical cases. An occupational therapist shall, after evaluating a patient and if the
case is a medical one, refer the case to a physician for
appropriate medical direction if such direction is lacking.
Treatment by an occupational therapist of such a medical
case may take place only upon the referral of a physician,
osteopathic physician, podiatric physician and surgeon,
naturopath, chiropractor, physician assistant, psychologist, or
advanced registered nurse practitioner licensed to practice in
this state. [1999 c 333 § 3; 1986 c 259 § 101; 1984 c 9 §
11.]
Savings—1986 c 259 §§ 101, 103: "The repeal of RCW 18.59.030
and 18.59.200 and the amendment of RCW 18.59.100 by this act shall not
be construed as affecting any rights and duties which matured, penalties
which were incurred, and proceedings which were begun before June 11,
1986." [1986 c 259 § 104.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.59.110 Applications—Licenses—Limited permits.
Administrative procedures, administrative requirements, and
fees shall be established as provided in RCW 43.70.250 and
43.70.280 for applications, initial and renewal licenses, and
limited permits. [1996 c 191 § 41; 1991 c 3 § 156; 1985 c
7 § 58; 1984 c 9 § 12.]
(2002 Ed.)
Occupational Therapy
through the last calendar day of the year in which they are
appointed before commencing the terms prescribed by this
section. The governor shall make appointments for vacancies in unexpired terms within ninety days after the vacancies occur.
(3) The board shall meet during the first month of each
calendar year to select a chairman and for other purposes.
At least one additional meeting shall be held before the end
of each calendar year. Further meetings may be convened
at the call of the chairman or the written request of any two
board members. A majority of members of the board
constitutes a quorum for all purposes. All meetings of the
board shall be open to the public, except that the board may
hold closed sessions to prepare, approve, grade, or administer examinations or, upon request of an applicant who fails
an examination, to prepare a response indicating the reasons
for the applicant’s failure.
(4) Members of the board shall receive compensation in
the amount of fifty dollars for each day’s attendance at
proper meetings of the committee. [1984 c 9 § 13.]
18.59.130 Board—Powers and duties—Rules. (1)
The board shall administer, coordinate, and enforce this
chapter, evaluate qualifications under this chapter, and provide for supervision of examinations of applicants for
licensure under this chapter.
(2) The board may adopt such rules as it deems necessary in the administration of this chapter. [1986 c 259 §
102; 1984 c 9 § 14.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.59.141 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 43; 1986 c 259 § 100.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.59.150 Board—Staff. The secretary shall provide
such administrative and investigative staff as are necessary
for the board to carry out its duties under this chapter.
[1991 c 3 § 157; 1984 c 9 § 15.]
18.59.900 Short title. This chapter shall be known
and may be cited as the occupational therapy practice act.
[1984 c 9 § 1.]
18.59.905 Severability—1984 c 9. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 9 § 21.]
Chapter 18.64
PHARMACISTS
Sections
18.64.001
18.64.002
18.64.003
18.64.005
18.64.009
18.64.011
18.64.020
18.64.040
18.64.043
18.64.044
18.64.045
18.64.046
18.64.047
18.64.050
18.64.080
18.64.140
18.64.160
18.64.163
18.64.165
18.64.200
18.64.205
18.64.245
18.64.246
18.64.247
18.64.250
18.64.255
18.64.257
18.64.270
18.64.275
18.64.280
18.64.300
18.64.301
18.64.302
18.64.310
18.64.350
18.64.360
18.64.370
18.64.380
18.64.390
18.64.400
18.64.410
18.64.420
18.64.430
18.64.450
18.64.460
18.64.470
18.64.900
18.64.910
18.64.911
18.64.920
(2002 Ed.)
18.59.120
State board of pharmacy—Creation—Membership—Oath—
Vacancies.
Regulation of health care professions—Criteria.
State board of pharmacy—Meetings—Chairperson—
Compensation and travel expenses.
State board of pharmacy—Powers and duties.
Department of health—Enforcement employees declared to
be peace officers—Authority.
Definitions.
Licensing required.
Examination fee.
Pharmacy license—Fee—Display—Declaration of ownership
and location—Penalties.
Shopkeeper’s registration—Penalty.
Manufacturer’s license—Fees—Display—Declaration of
ownership and location—Penalties.
Wholesaler’s license—Required—Authority of licensee—
Penalty.
Itinerant vendor’s or peddler’s registration—Fee—Penalties.
Duplicate for lost or destroyed license or certificate—
Certified documents—Fees.
Licensing of pharmacists—Registration of interns—
Prerequisites—Examinations—Reciprocity—Fees—
Renewal.
License—Fees—Display—Inactive license.
Disciplinary action against pharmacist’s and intern’s licenses—Grounds.
Uniform Disciplinary Act.
Refusal, suspension, and revocation of other licenses.
Refusal, suspension, and revocation of other licenses—
Appeal procedure.
Retired active license status.
Prescription records.
Prescriptions—Labels—Cover or cap to meet safety standards.
Penalty for violation of RCW 18.64.245, 18.64.246.
Unlawful practices—Penalty for violations—Exceptions.
Authorized practices.
Prescription of legend drugs by dialysis programs.
Responsibility for drug purity—Adulteration—Penalty.
Limitations on liability for dispensing of prescription.
General penalty.
Pharmacist members of committees to evaluate credentials
and qualifications of pharmacists—Immunity from civil
suit.
Pharmacists filing charges or presenting evidence before
pharmaceutical society—Immunity from civil suit.
Records of pharmaceutical society not subject to civil process.
Department of health—Powers and duties.
Nonresident pharmacies—Findings.
Nonresident pharmacies—Definition—Requirements—
Exemption.
Nonresident pharmacies—License required—Application—
Renewal.
Nonresident pharmacies—Information required—Inspection.
Nonresident pharmacies—Violations—Penalties.
Nonresident pharmacies—Definition—Advertising.
Nonresident pharmacies—Rules.
Nonresident pharmacies—Information confidential—
Exceptions.
Cost disclosure to health care providers.
Health care entity—License requirements for legend drugs
and controlled substances—Exception.
Health care entity—License fee—Requirements—Penalty.
Health care entity—Records.
Severability—1923 c 180.
Severability—1935 c 98.
Severability—1963 c 38.
Repealer—1935 c 98.
[Title 18 RCW—page 181]
Chapter 18.64
Title 18 RCW: Businesses and Professions
AIDS education and training: Chapter 70.24 RCW.
Authority of board of pharmacy to regulate packaging of drugs and
cosmetics under poison prevention act: RCW 70.106.150.
Dentists, filling prescriptions issued by: RCW 18.32.685.
Drugs and cosmetics: Chapter 69.04 RCW.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Licensee and registrant requirements regarding ephedrine, pseudoephedrine, or phenylpropanolamine: RCW 69.43.160.
Poisons and dangerous drugs, dispensing and sale: Chapter 69.40 RCW.
Rebating by vendors of medical supplies prohibited: Chapter 19.68 RCW.
Regulation of practice of medicine and surgery, sale of drugs and medicines: State Constitution Art. 20 § 2.
Unlawful to refill trademarked containers: RCW 19.76.110.
18.64.001 State board of pharmacy—Creation—
Membership—Oath—Vacancies. There shall be a state
board of pharmacy consisting of seven members, to be
appointed by the governor by and with the advice and
consent of the senate. Five of the members shall be designated as pharmacist members and two of the members shall
be designated a public member.
Each pharmacist member shall be a citizen of the United
States and a resident of this state, and at the time of his
appointment shall have been a duly registered pharmacist
under the laws of this state for a period of at least five
consecutive years immediately preceding his appointment
and shall at all times during his incumbency continue to be
a duly licensed pharmacist: PROVIDED, That subject to the
availability of qualified candidates the governor shall appoint
pharmacist members representative of the areas of practice
and geographically representative of the state of Washington.
The public member shall be a citizen of the United
States and a resident of this state. The public member shall
be appointed from the public at large, but shall not be
affiliated with any aspect of pharmacy.
Members of the board shall hold office for a term of
four years, and the terms shall be staggered so that the terms
of office of not more than two members will expire simultaneously on the third Monday in January of each year.
No person who has been appointed to and served for
two four year terms shall be eligible for appointment to the
board.
Each member shall qualify by taking the usual oath of
a state officer, which shall be filed with the secretary of
state, and each member shall hold office for the term of his
appointment and until his successor is appointed and
qualified.
In case of the resignation or disqualification of a
member, or a vacancy occurring from any cause, the
governor shall appoint a successor for the unexpired term.
[1984 c 153 § 1; 1981 c 338 § 17; 1973 1st ex.s. c 18 § 1;
1963 c 38 § 16; 1935 c 98 § 1; RRS § 10132. Formerly
RCW 43.69.010.]
18.64.002 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.64.003 State board of pharmacy—Meetings—
Chairperson—Compensation and travel expenses.
Members of the board shall meet at such places and times as
[Title 18 RCW—page 182]
it shall determine and as often as necessary to discharge the
duties imposed upon it. The board shall elect a chairperson
and a vice chairperson from among its members. Each
member shall be compensated in accordance with RCW
43.03.240 and shall be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060. [1984 c
287 § 43; 1979 c 90 § 1; 1975-’76 2nd ex.s. c 34 § 40; 1963
c 38 § 17; 1935 c 98 § 2; RRS § 10132-1. Formerly RCW
43.69.020.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.64.005 State board of pharmacy—Powers and
duties. The board shall:
(1) Regulate the practice of pharmacy and enforce all
laws placed under its jurisdiction;
(2) Prepare or determine the nature of, and supervise the
grading of, examinations for applicants for pharmacists’
licenses;
(3) Establish the qualifications for licensure of pharmacists or pharmacy interns;
(4) Conduct hearings for the revocation or suspension of
licenses, permits, registrations, certificates, or any other
authority to practice granted by the board, which hearings
may also be conducted by an administrative law judge
appointed under chapter 34.12 RCW;
(5) Issue subpoenas and administer oaths in connection
with any hearing, or disciplinary proceeding held under this
chapter or any other chapter assigned to the board;
(6) Assist the regularly constituted enforcement agencies
of this state in enforcing all laws pertaining to drugs,
controlled substances, and the practice of pharmacy, or any
other laws or rules under its jurisdiction;
(7) Promulgate rules for the dispensing, distribution,
wholesaling, and manufacturing of drugs and devices and the
practice of pharmacy for the protection and promotion of the
public health, safety, and welfare. Violation of any such
rules shall constitute grounds for refusal, suspension, or
revocation of licenses or any other authority to practice
issued by the board;
(8) Adopt rules establishing and governing continuing
education requirements for pharmacists and other licensees
applying for renewal of licenses under this chapter;
(9) Be immune, collectively and individually, from suit
in any action, civil or criminal, based upon any disciplinary
proceedings or other official acts performed as members of
such board. Such immunity shall apply to employees of the
department when acting in the course of disciplinary proceedings;
(10) Suggest strategies for preventing, reducing, and
eliminating drug misuse, diversion, and abuse, including
professional and public education, and treatment of persons
misusing and abusing drugs;
(11) Conduct or encourage educational programs to be
conducted to prevent the misuse, diversion, and abuse of
drugs for health care practitioners and licensed or certified
health care facilities;
(12) Monitor trends of drug misuse, diversion, and
abuse and make periodic reports to disciplinary boards of
licensed health care practitioners and education, treatment,
(2002 Ed.)
Pharmacists
and appropriate law enforcement agencies regarding these
trends;
(13) Enter into written agreements with all other state
and federal agencies with any responsibility for controlling
drug misuse, diversion, or abuse and with health maintenance organizations, health care service contractors, and
health care providers to assist and promote coordination of
agencies responsible for ensuring compliance with controlled
substances laws and to monitor observance of these laws and
cooperation between these agencies. The department of
social and health services, the department of labor and
industries, and any other state agency including licensure
disciplinary boards, shall refer all apparent instances of overprescribing by practitioners and all apparent instances of
legend drug overuse to the department. The department
shall also encourage such referral by health maintenance
organizations, health service contractors, and health care
providers. [1990 c 83 § 1; 1989 1st ex.s. c 9 § 409; 1984 c
153 § 2; 1981 c 67 § 21; 1979 c 90 § 2; 1973 1st ex.s. c 18
§ 2; 1963 c 38 § 18; 1935 c 98 § 3; RRS § 10132-2.
Formerly RCW 43.69.030.]
Section captions not law—1990 c 83: "Section captions as used in
this act do not constitute any part of the law." [1990 c 83 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
18.64.009 Department of health—Enforcement
employees declared to be peace officers—Authority.
Employees of the department, who are designated by the
board as enforcement officers, are declared to be peace
officers and shall be vested with police powers to enforce
chapters 18.64, 69.04, 69.36, 69.40, 69.41, and 69.50 RCW
and all other laws enforced by the board. [1989 1st ex.s. c
9 § 411; 1985 c 7 § 59; 1979 c 90 § 4; 1969 ex.s. c 82 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.011 Definitions. Unless the context clearly
requires otherwise, definitions of terms shall be as indicated
when used in this chapter.
(1) "Person" means an individual, corporation, government, governmental subdivision or agency, business trust,
estate, trust, partnership or association, or any other legal
entity.
(2) "Board" means the Washington state board of
pharmacy.
(3) "Drugs" means:
(a) Articles recognized in the official United States
pharmacopoeia or the official homeopathic pharmacopoeia of
the United States;
(b) Substances intended for use in the diagnosis, cure,
mitigation, treatment, or prevention of disease in man or
other animals;
(c) Substances (other than food) intended to affect the
structure or any function of the body of man or other
animals; or
(d) Substances intended for use as a component of any
substances specified in (a), (b), or (c) of this subsection, but
not including devices or their component parts or accessories.
(2002 Ed.)
18.64.005
(4) "Device" means instruments, apparatus, and contrivances, including their components, parts, and accessories,
intended (a) for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or other animals,
or (b) to affect the structure or any function of the body of
man or other animals.
(5) "Nonlegend" or "nonprescription" drugs means any
drugs which may be lawfully sold without a prescription.
(6) "Legend drugs" means any drugs which are required
by any applicable federal or state law or regulation to be
dispensed on prescription only or are restricted to use by
practitioners only.
(7) "Controlled substance" means a drug or substance,
or an immediate precursor of such drug or substance, so
designated under or pursuant to the provisions of chapter
69.50 RCW.
(8) "Prescription" means an order for drugs or devices
issued by a practitioner duly authorized by law or rule in the
state of Washington to prescribe drugs or devices in the
course of his or her professional practice for a legitimate
medical purpose.
(9) "Practitioner" means a physician, dentist, veterinarian, nurse, or other person duly authorized by law or rule in
the state of Washington to prescribe drugs.
(10) "Pharmacist" means a person duly licensed by the
Washington state board of pharmacy to engage in the
practice of pharmacy.
(11) "Practice of pharmacy" includes the practice of and
responsibility for: Interpreting prescription orders; the
compounding, dispensing, labeling, administering, and
distributing of drugs and devices; the monitoring of drug
therapy and use; the initiating or modifying of drug therapy
in accordance with written guidelines or protocols previously
established and approved for his or her practice by a
practitioner authorized to prescribe drugs; the participating
in drug utilization reviews and drug product selection; the
proper and safe storing and distributing of drugs and devices
and maintenance of proper records thereof; the providing of
information on legend drugs which may include, but is not
limited to, the advising of therapeutic values, hazards, and
the uses of drugs and devices.
(12) "Pharmacy" means every place properly licensed by
the board of pharmacy where the practice of pharmacy is
conducted.
(13) The words "drug" and "devices" shall not include
surgical or dental instruments or laboratory materials, gas
and oxygen, therapy equipment, X-ray apparatus or therapeutic equipment, their component parts or accessories, or
equipment, instruments, apparatus, or contrivances used to
render such articles effective in medical, surgical, or dental
treatment, or for use or consumption in or for mechanical,
industrial, manufacturing, or scientific applications or
purposes, nor shall the word "drug" include any article or
mixture covered by the Washington pesticide control act
(chapter 15.58 RCW), as enacted or hereafter amended, nor
medicated feed intended for and used exclusively as a feed
for animals other than man.
(14) The word "poison" shall not include any article or
mixture covered by the Washington pesticide control act
(chapter 15.58 RCW), as enacted or hereafter amended.
(15) "Deliver" or "delivery" means the actual, constructive, or attempted transfer from one person to another of a
[Title 18 RCW—page 183]
18.64.011
Title 18 RCW: Businesses and Professions
drug or device, whether or not there is an agency relationship.
(16) "Dispense" means the interpretation of a prescription or order for a drug, biological, or device and, pursuant
to that prescription or order, the proper selection, measuring,
compounding, labeling, or packaging necessary to prepare
that prescription or order for delivery.
(17) "Distribute" means the delivery of a drug or device
other than by administering or dispensing.
(18) "Compounding" shall be the act of combining two
or more ingredients in the preparation of a prescription.
(19) "Wholesaler" shall mean a corporation, individual,
or other entity which buys drugs or devices for resale and
distribution to corporations, individuals, or entities other than
consumers.
(20) "Manufacture" means the production, preparation,
propagation, compounding, or processing of a drug or other
substance or device or the packaging or repackaging of such
substance or device, or the labeling or relabeling of the commercial container of such substance or device, but does not
include the activities of a practitioner who, as an incident to
his or her administration or dispensing such substance or
device in the course of his or her professional practice,
prepares, compounds, packages, or labels such substance or
device.
(21) "Manufacturer" shall mean a person, corporation,
or other entity engaged in the manufacture of drugs or
devices.
(22) "Labeling" shall mean the process of preparing and
affixing a label to any drug or device container. The label
must include all information required by current federal and
state law and pharmacy rules.
(23) "Administer" means the direct application of a drug
or device, whether by injection, inhalation, ingestion, or any
other means, to the body of a patient or research subject.
(24) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement.
(25) "Department" means the department of health.
(26) "Secretary" means the secretary of health or the
secretary’s designee.
(27) "Health care entity" means an organization that
provides health care services in a setting that is not otherwise licensed by the state. Health care entity includes a
free-standing outpatient surgery center or a free-standing
cardiac care center. It does not include an individual
practitioner’s office or a multipractitioner clinic. [1997 c
129 § 1; 1995 c 319 § 2; 1989 1st ex.s. c 9 § 412; 1984 c
153 § 3; 1982 c 182 § 29; 1979 c 90 § 5; 1963 c 38 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1982 c 182: See RCW 19.02.901.
18.64.020 Licensing required. It shall hereafter be
unlawful for any person to practice pharmacy or to institute
or operate any pharmacy unless such person shall be a
licensed pharmacist or shall place in charge of said pharmacy a licensed pharmacist: PROVIDED, That persons
[Title 18 RCW—page 184]
licensed as manufacturers or as wholesalers, and their
employees, acting within the scope of their licenses, shall be
exempt from this section. [1979 c 90 § 6; 1899 c 121 § 1;
RRS § 10126. Prior: 1891 c 113 § 1. Formerly RCW
18.67.010, part.]
18.64.040 Examination fee. Every applicant for
license examination under this chapter shall pay the sum
determined by the secretary under RCW 43.70.250 and
43.70.280 before the examination is attempted. [1996 c 191
§ 42; 1989 1st ex.s. c 9 § 413; 1979 c 90 § 7; 1971 ex.s. c
201 § 1; 1963 c 38 § 2; 1949 c 153 § 1; 1935 c 98 § 4;
1909 c 213 § 5; 1899 c 121 § 10; Rem. Supp. 1949 §
10135.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1971 ex.s. c 201: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 201 § 9.]
18.64.043 Pharmacy license—Fee—Display—
Declaration of ownership and location—Penalties. (1)
The owner of each pharmacy shall pay an original license
fee to be determined by the secretary, and annually thereafter, on or before a date to be determined by the secretary, a
fee to be determined by the secretary, for which he or she
shall receive a license of location, which shall entitle the
owner to operate such pharmacy at the location specified, or
such other temporary location as the secretary may approve,
for the period ending on a date to be determined by the
secretary as provided in RCW 43.70.250 and 43.70.280, and
each such owner shall at the time of filing proof of payment
of such fee as provided in RCW 18.64.045 as now or hereafter amended, file with the department on a blank therefor
provided, a declaration of ownership and location, which
declaration of ownership and location so filed as aforesaid
shall be deemed presumptive evidence of ownership of the
pharmacy mentioned therein.
(2) It shall be the duty of the owner to immediately
notify the department of any change of location or ownership
and to keep the license of location or the renewal thereof
properly exhibited in said pharmacy.
(3) Failure to comply with this section shall be deemed
a misdemeanor, and each day that said failure continues shall
be deemed a separate offense.
(4) In the event such license fee remains unpaid on the
date due, no renewal or new license shall be issued except
upon compliance with administrative procedures, administrative requirements, and fees determined as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 43; 1991 c
229 § 3; 1989 1st ex.s. c 9 § 414; 1984 c 153 § 4; 1979 c
90 § 8; 1971 ex.s. c 201 § 2; 1963 c 38 § 3; 1949 c 153 §
4; 1935 c 98 § 8; 1909 c 213 § 12; Rem. Supp. 1949 §
10145. Formerly RCW 18.67.020.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.044 Shopkeeper’s registration—Penalty. (1)
A shopkeeper registered as provided in this section may sell
(2002 Ed.)
Pharmacists
nonprescription drugs, if such drugs are sold in the original
package of the manufacturer.
(2) Every shopkeeper not a licensed pharmacist, desiring
to secure the benefits and privileges of this section, is hereby
required to register as a shopkeeper through the master
license system, and he or she shall pay the fee determined
by the secretary for registration, and on a date to be determined by the secretary thereafter the fee determined by the
secretary for renewal of the registration; and shall at all
times keep said registration or the current renewal thereof
conspicuously exposed in the shop to which it applies. In
event such shopkeeper’s registration is not renewed by the
master license expiration date, no renewal or new registration shall be issued except upon payment of the registration
renewal fee and the master license delinquency fee under
chapter 19.02 RCW. This registration fee shall not authorize
the sale of legend drugs or controlled substances.
(3) The registration fees determined by the secretary
under subsection (2) of this section shall not exceed the cost
of registering the shopkeeper.
(4) Any shopkeeper who shall vend or sell, or offer to
sell to the public any such nonprescription drug or preparation without having registered to do so as provided in this
section, shall be guilty of a misdemeanor and each sale or
offer to sell shall constitute a separate offense. [1989 1st
ex.s. c 9 § 401; 1989 c 352 § 1; 1984 c 153 § 5; 1982 c 182
§ 30; 1979 c 90 § 17.]
Reviser’s note: This section was amended by 1989 c 352 § 1 and by
1989 1st ex.s. c 9 § 401, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1982 c 182: See RCW 19.02.901.
Master license
delinquency fee—Rate—Disposition: RCW 19.02.085.
expiration date: RCW 19.02.090.
system
existing licenses or permits registered under, when: RCW 19.02.810.
generally: RCW 18.64.011(24).
to include additional licenses: RCW 19.02.110.
18.64.045 Manufacturer’s license—Fees—Display—
Declaration of ownership and location—Penalties. The
owner of each and every place of business which manufactures drugs shall pay a license fee to be determined by the
secretary, and thereafter, on or before a date to be determined by the secretary, a fee to be determined by the secretary as provided in RCW 43.70.250 and 43.70.280, for which
the owner shall receive a license of location from the
department, which shall entitle the owner to manufacture
drugs at the location specified for the period ending on a
date to be determined by the secretary, and each such owner
shall at the time of payment of such fee file with the
department, on a blank therefor provided, a declaration of
ownership and location, which declaration of ownership and
location so filed as aforesaid shall be deemed presumptive
evidence of the ownership of such place of business mentioned therein. It shall be the duty of the owner to notify
immediately the department of any change of location or
ownership and to keep the license of location or the renewal
thereof properly exhibited in such place of business. Failure
to conform with this section shall be deemed a misdemeanor,
(2002 Ed.)
18.64.044
and each day that said failure continues shall be deemed a
separate offense. In event such license fee remains unpaid
on the date due, no renewal or new license shall be issued
except upon compliance with administrative procedures,
administrative requirements, and fees determined as provided
in RCW 43.70.250 and 43.70.280. [1996 c 191 § 44; 1991
c 229 § 4; 1989 1st ex.s. c 9 § 416; 1984 c 153 § 6; 1979 c
90 § 9; 1971 ex.s. c 201 § 3; 1963 c 38 § 4; 1949 c 153 §
5; Rem. Supp. 1949 § 10154-4. Formerly RCW 18.67.140.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.046 Wholesaler’s license—Required—
Authority of licensee—Penalty. The owner of each place
of business which sells legend drugs and nonprescription
drugs, or nonprescription drugs at wholesale shall pay a
license fee to be determined by the secretary, and thereafter,
on or before a date to be determined by the secretary as
provided in RCW 43.70.250 and 43.70.280, a like fee to be
determined by the secretary, for which the owner shall
receive a license of location from the department, which
shall entitle such owner to either sell legend drugs and nonprescription drugs or nonprescription drugs at wholesale at
the location specified for the period ending on a date to be
determined by the secretary, and each such owner shall at
the time of payment of such fee file with the department, on
a blank therefor provided, a declaration of ownership and
location, which declaration of ownership and location so
filed as aforesaid shall be deemed presumptive evidence of
the ownership of such place of business mentioned therein.
It shall be the duty of the owner to notify immediately the
department of any change of location and ownership and to
keep the license of location or the renewal thereof properly
exhibited in such place of business. Failure to conform with
this section shall be deemed a misdemeanor, and each day
that said failure continues shall be deemed a separate
offense. In event such license fee remains unpaid on the
date due, no renewal or new license shall be issued except
upon compliance with administrative procedures, administrative requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 45; 1991 c 229 §
5; 1989 1st ex.s. c 9 § 417; 1984 c 153 § 7; 1979 c 90 §
18.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.047 Itinerant vendor’s or peddler’s registration—Fee—Penalties. Any itinerant vendor or any peddler
of any nonprescription drug or preparation for the treatment
of disease or injury, shall pay a registration fee determined
by the secretary on a date to be determined by the secretary
as provided in RCW 43.70.250 and 43.70.280. The department may issue a registration to such vendor on an approved
application made to the department. Any itinerant vendor or
peddler who shall vend or sell, or offer to sell to the public
any such nonprescription drug or preparation without having
registered to do so as provided in this section, shall be guilty
of a misdemeanor and each sale or offer to sell shall
constitute a separate offense. In event such registration fee
remains unpaid on the date due, no renewal or new registra[Title 18 RCW—page 185]
18.64.047
Title 18 RCW: Businesses and Professions
tion shall be issued except upon compliance with administrative procedures, administrative requirements, and fees
determined as provided in RCW 43.70.250 and 43.70.280.
This registration shall not authorize the sale of legend drugs
or controlled substances. [1996 c 191 § 46; 1991 c 229 § 6;
1989 1st ex.s. c 9 § 418; 1984 c 153 § 8; 1979 c 90 § 10;
1971 ex.s. c 201 § 4; 1963 c 38 § 5; 1949 c 153 § 3; 1935
c 98 § 7; 1899 c 121 § 16; Rem. Supp. 1949 § 10141.
Formerly RCW 18.60.010 through 18.60.030.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.050 Duplicate for lost or destroyed license or
certificate—Certified documents—Fees. In the event that
a license or certificate issued by the department is lost or
destroyed, the person to whom it was issued may obtain a
duplicate thereof upon furnishing proof of such fact satisfactory to the department and the payment of a fee determined
by the secretary.
In the event any person desires any certified document
to which he is entitled, he shall receive the same upon
payment of a fee determined by the secretary. [1989 1st
ex.s. c 9 § 419; 1984 c 153 § 9; 1963 c 38 § 6; 1935 c 98
§ 9; RRS § 10145-1. FORMER PART OF SECTION:
1935 c 98 § 10; RRS § 10145-2, now codified as RCW
18.64.055.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.080 Licensing of pharmacists—Registration of
interns—Prerequisites—Examinations—Reciprocity—
Fees—Renewal. (1) The department may license as a
pharmacist any person who has filed an application therefor,
subscribed by the person under oath or affirmation, containing such information as the board may by regulation require,
and who—
(a) Is at least eighteen years of age;
(b) Has satisfied the board that he or she is of good
moral and professional character, that he or she will carry
out the duties and responsibilities required of a pharmacist,
and that he or she is not unfit or unable to practice pharmacy
by reason of the extent or manner of his or her proven use
of alcoholic beverages, drugs, or controlled substances, or by
reason of a proven physical or mental disability;
(c) Holds a baccalaureate degree in pharmacy or a
doctor of pharmacy degree granted by a school or college of
pharmacy which is accredited by the board of pharmacy;
(d) Has completed or has otherwise met the internship
requirements as set forth in board rules;
(e) Has satisfactorily passed the necessary examinations
approved by the board and administered by the department.
(2) The department shall, at least once in every calendar
year, offer an examination to all applicants for a pharmacist
license who have completed their educational and internship
requirements pursuant to rules promulgated by the board.
The examination shall be determined by the board. In case
of failure at a first examination, the applicant shall have
within three years the privilege of a second and third
examination. In case of failure in a third examination, the
applicant shall not be eligible for further examination until
[Title 18 RCW—page 186]
he or she has satisfactorily completed additional preparation
as directed and approved by the board. The applicant must
pay the examination fee determined by the secretary for each
examination taken. Upon passing the required examinations
and complying with all the rules and regulations of the board
and the provisions of this chapter, the department shall grant
the applicant a license as a pharmacist and issue to him or
her a certificate qualifying him or her to enter into the
practice of pharmacy.
(3) Any person enrolled as a student of pharmacy in an
accredited college may file with the department an application for registration as a pharmacy intern in which application he or she shall be required to furnish such information
as the board may, by regulation, prescribe and, simultaneously with the filing of said application, shall pay to the
department a fee to be determined by the secretary. All
certificates issued to pharmacy interns shall be valid for a
period to be determined by the board, but in no instance
shall the certificate be valid if the individual is no longer
making timely progress toward graduation, provided however, the board may issue an intern certificate to a person to
complete an internship to be eligible for initial licensure or
for the reinstatement of a previously licensed pharmacist.
(4) To assure adequate practical instruction, pharmacy
internship experience as required under this chapter shall be
obtained after registration as a pharmacy intern by practice
in any licensed pharmacy or other program meeting the
requirements promulgated by regulation of the board, and
shall include such instruction in the practice of pharmacy as
the board by regulation shall prescribe.
(5) The department may, without examination other
than one in the laws relating to the practice of pharmacy,
license as a pharmacist any person who, at the time of filing
application therefor, is currently licensed as a pharmacist in
any other state, territory, or possession of the United States.
The person shall produce evidence satisfactory to the
department of having had the required secondary and
professional education and training and who was licensed as
a pharmacist by examination in another state prior to June
13, 1963, shall be required to satisfy only the requirements
which existed in this state at the time he or she became
licensed in such other state, and that the state in which the
person is licensed shall under similar conditions grant
reciprocal licenses as pharmacist without examination to
pharmacists duly licensed by examination in this state.
Every application under this subsection shall be accompanied
by a fee determined by the department.
(6) The department shall provide for, regulate, and
require all persons licensed as pharmacists to renew their
license periodically, and shall prescribe the form of such
license and information required to be submitted by all applicants. [1989 1st ex.s. c 9 §§ 403, 420; 1989 c 352 § 3;
1984 c 153 § 10; 1981 c 147 § 1; 1979 c 90 § 11; 1972
ex.s. c 9 § 1. Prior: 1971 ex.s. c 292 § 25; 1971 ex.s. c
201 § 5; 1963 c 38 § 7; 1931 c 56 § 1; 1927 c 253 § 1;
1923 c 180 § 3; RRS § 10126-3. Formerly RCW 18.64.010,
part, 18.64.080 and 18.64.090, part.]
Reviser’s note: This section was amended by 1989 c 352 § 3 and by
1989 1st ex.s. c 9 §§ 403, 420, all without reference to the other. All
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
(2002 Ed.)
Pharmacists
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.140 License—Fees—Display—Inactive license.
Every licensed pharmacist who desires to practice pharmacy
shall secure from the department a license, the fee for which
shall be determined by the secretary under RCW 43.70.250
and 43.70.280. The administrative procedures, administrative requirements, renewal fee, and late renewal fee shall
also be determined under RCW 43.70.250 and 43.70.280.
Payment of this fee shall entitle the licensee to a pharmacy
law book, subsequent current mailings of all additions,
changes, or deletions in the pharmacy practice act, chapter
18.64 RCW, and all additions, changes, or deletions of
pharmacy board and department regulations. The current
license shall be conspicuously displayed to the public in the
pharmacy to which it applies. Any licensed pharmacist who
desires to leave the active practice of pharmacy in this state
may secure from the department an inactive license. The
initial license and renewal fees shall be determined by the
secretary under RCW 43.70.250 and 43.70.280. The holder
of an inactive license may reactivate his or her license to
practice pharmacy in accordance with rules adopted by the
board. [1996 c 191 § 47; 1991 c 229 § 7; 1989 1st ex.s. c
9 § 421; 1984 c 153 § 11; 1979 c 90 § 12; 1971 ex.s. c 201
§ 6; 1963 c 38 § 9; 1949 c 153 § 2; 1935 c 98 § 5; 1899 c
121 § 11; Rem. Supp. 1949 § 10136. Formerly RCW
18.64.140 and 18.64.150.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1971 ex.s. c 201: See note following RCW 18.64.040.
18.64.160 Disciplinary action against pharmacist’s
and intern’s licenses—Grounds. In addition to the grounds
under RCW 18.130.170 and 18.130.180, the board of
pharmacy may take disciplinary action against the license of
any pharmacist or intern upon proof that:
(1) His or her license was procured through fraud,
misrepresentation, or deceit;
(2) In the event that a pharmacist is determined by a
court of competent jurisdiction to be mentally incompetent,
the pharmacist shall automatically have his or her license
suspended by the board upon the entry of the judgment,
regardless of the pendency of an appeal;
(3) He or she has knowingly violated or permitted the
violation of any provision of any state or federal law, rule,
or regulation governing the possession, use, distribution, or
dispensing of drugs, including, but not limited to, the
violation of any provision of this chapter, Title 69 RCW, or
rule or regulation of the board;
(4) He or she has knowingly allowed any unlicensed
person to take charge of a pharmacy or engage in the
practice of pharmacy, except a pharmacy intern or pharmacy
assistant acting as authorized in this chapter or chapter
18.64A RCW in the presence of and under the immediate
supervision of a licensed pharmacist;
(5) He or she has compounded, dispensed, or caused the
compounding or dispensing of any drug or device which
contains more or less than the equivalent quantity of ingredient or ingredients specified by the person who prescribed
such drug or device: PROVIDED, HOWEVER, That
nothing herein shall be construed to prevent the pharmacist
(2002 Ed.)
18.64.080
from exercising professional judgment in the preparation or
providing of such drugs or devices. [1993 c 367 § 13; 1985
c 7 § 60; 1984 c 153 § 12; 1979 c 90 § 13; 1963 c 38 § 10;
1909 c 213 § 10; RRS § 10143. Formerly RCW 18.64.160
through 18.64.190.]
18.64.163 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs unlicensed
practice, the issuance and denial of licenses of pharmacists
and pharmacy interns, and the discipline of licensed pharmacists and pharmacy interns under this chapter. [1993 c 367
§ 14.]
18.64.165 Refusal, suspension, and revocation of
other licenses. The board shall have the power to refuse,
suspend, or revoke the license of any manufacturer, wholesaler, pharmacy, shopkeeper, itinerant vendor, peddler,
poison distributor, health care entity, or precursor chemical
distributor upon proof that:
(1) The license was procured through fraud, misrepresentation, or deceit;
(2) The licensee has violated or has permitted any
employee to violate any of the laws of this state or the
United States relating to drugs, controlled substances,
cosmetics, or nonprescription drugs, or has violated any of
the rules and regulations of the board of pharmacy or has
been convicted of a felony. [1995 c 319 § 5. Prior: 1989
1st ex.s. c 9 § 404; 1989 c 352 § 4; 1979 c 90 § 14; 1963 c
38 § 15.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.64.200 Refusal, suspension, and revocation of
other licenses—Appeal procedure. In any case of the
refusal, suspension or revocation of a license by said board
under the provisions of this chapter, appeal may be taken in
accordance with the Administrative Procedure Act. [1963 c
38 § 11; 1909 c 213 § 11; RRS § 10144. Formerly RCW
18.64.200 through 18.64.240.]
Administrative Procedure Act: Title 34 RCW.
18.64.205 Retired active license status. The board
may adopt rules pursuant to this section authorizing a retired
active license status. An individual licensed pursuant to this
chapter, who is practicing only in emergent or intermittent
circumstances as defined by rule established by the board,
may hold a retired active license at a reduced renewal fee
established by the secretary under RCW 43.70.250 and
43.70.280. Such a license shall meet the continuing education requirements, if any, established by the board for renewals, and is subject to the provisions of the uniform disciplinary act, chapter 18.130 RCW. Individuals who have entered
into retired status agreements with the disciplinary authority
in any jurisdiction shall not qualify for a retired active
license under this section. [1996 c 191 § 48; 1991 c 229 §
2.]
18.64.245 Prescription records. Every proprietor or
manager of a pharmacy shall keep readily available a
[Title 18 RCW—page 187]
18.64.245
Title 18 RCW: Businesses and Professions
suitable record of prescriptions which shall preserve for a
period of not less than two years the record of every
prescription dispensed at such pharmacy which shall be
numbered, dated, and filed, and shall produce the same in
court or before any grand jury whenever lawfully required to
do so. The record shall be maintained either separately from
all other records of the pharmacy or in such form that the
information required is readily retrievable from ordinary
business records of the pharmacy. All record-keeping
requirements for controlled substances must be complied
with. Such record of prescriptions shall be for confidential
use in the pharmacy, only. The record of prescriptions shall
be open for inspection by the board of pharmacy or any
officer of the law, who is authorized to enforce chapter
18.64, 69.41, or 69.50 RCW. [1989 1st ex.s. c 9 § 402;
1989 c 352 § 2; 1979 c 90 § 15; 1939 c 28 § 1; RRS §
6154-1. Formerly RCW 18.67.090.]
Reviser’s note: This section was amended by 1989 c 352 § 2 and by
1989 1st ex.s. c 9 § 402, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.246 Prescriptions—Labels—Cover or cap to
meet safety standards. To every box, bottle, jar, tube or
other container of a prescription which is dispensed there
shall be fixed a label bearing the name and address of the
dispensing pharmacy, the prescription number, the name of
the prescriber, the prescriber’s directions, the name and
strength of the medication, the name of the patient, the date,
and the expiration date. The security of the cover or cap on
every bottle or jar shall meet safety standards adopted by the
state board of pharmacy. At the prescriber’s request, the
name and strength of the medication need not be shown. If
the prescription is for a combination medication product, the
generic names of the medications combined or the trade
name used by the manufacturer or distributor for the product
shall be noted on the label. The identification of the
licensed pharmacist responsible for each dispensing of
medication must either be recorded in the pharmacy’s record
system or on the prescription label. This section shall not
apply to the dispensing of medications to in-patients in
hospitals. [2002 c 96 § 1; 1984 c 153 § 13; 1971 ex.s. c 99
§ 1; 1939 c 28 § 2; RRS § 6154-2. Formerly RCW
18.67.080.]
18.64.247 Penalty for violation of RCW 18.64.245,
18.64.246. Any person violating or failing to comply with
the requirements of RCW 18.64.245 and 18.64.246 shall be
guilty of a misdemeanor. [1939 c 28 § 3; RRS § 6154-3.
Formerly RCW 18.67.091.]
18.64.250 Unlawful practices—Penalty for violations—Exceptions. (1) Any person not a licensed pharmacist and not having continuously and regularly in his employ
a duly licensed pharmacist within the full meaning of this
chapter, who shall practice pharmacy; or
(2) Any person who shall permit the compounding and
dispensing of prescriptions, or vending of drugs, medicines,
or poisons in his or her store or place of business, except
under the supervision of a licensed pharmacist; or
[Title 18 RCW—page 188]
(3) Any licensed pharmacist or shopkeeper licensed
under this chapter, who while continuing in business, shall
fail or neglect to procure his or her renewal of license; or
(4) Any person who shall wilfully make any false
representations to procure a license for himself or herself or
for any other person; or
(5) Any person who shall violate any of the provisions
of this chapter wilfully and knowingly; or
(6) Any person who shall take or use or exhibit in or
upon any place of business, or advertise in a newspaper,
telephone directory, or other directory, or by electronic
media, or in any other manner, the title of pharmacist,
pharmacy intern, pharmacy assistant, druggist, pharmacy,
drug store, medicine store, drug department, drugs, drug
sundries, or any title or name of like description or import,
or display or permit to be displayed upon said place of
business the characteristic pharmacy symbols, bottles or
globes, either colored or filled with colored liquids, without
having continuously and regularly employed in his or her
shop, store, or place of business, during business hours of
the pharmacy, a pharmacist duly licensed under this chapter;
shall be guilty of a misdemeanor, and each and every day
that such prohibited practice continues shall be deemed a
separate offense. [1979 c 90 § 16; 1963 c 38 § 12; 1935 c
98 § 6; 1909 c 213 § 7; 1899 c 121 § 13; RRS § 10138.
Formerly RCW 18.64.250, 18.64.010, 18.64.030, 18.67.030,
18.67.040 and 18.67.130. FORMER PART OF SECTION:
1909 c 213 § 13; RRS § 10146, now codified as RCW
18.64.280.]
18.64.255 Authorized practices. Nothing in this
chapter shall operate in any manner:
(1) To restrict the scope of authorized practice of any
practitioner other than a pharmacist, duly licensed as such
under the laws of this state. However, a health care entity
shall comply with all state and federal laws and rules
relating to the dispensing of drugs and the practice of
pharmacy; or
(2) In the absence of the pharmacist from the hospital
pharmacy, to prohibit a registered nurse designated by the
hospital and the responsible pharmacist from obtaining from
the hospital pharmacy such drugs as are needed in an
emergency: PROVIDED, That proper record is kept of such
emergency, including the date, time, name of prescriber, the
name of the nurse obtaining the drugs, and a list of what
drugs and quantities of same were obtained; or
(3) To prevent shopkeepers, itinerant vendors, peddlers,
or salesmen from dealing in and selling nonprescription
drugs, if such drugs are sold in the original packages of the
manufacturer, or in packages put up by a licensed pharmacist
in the manner provided by the state board of pharmacy, if
such shopkeeper, itinerant vendor, salesman, or peddler shall
have obtained a registration. [1995 c 319 § 7; 1984 c 153
§ 14; 1981 c 147 § 3; 1979 c 90 § 19.]
18.64.257 Prescription of legend drugs by dialysis
programs. This chapter shall not prevent a medicareapproved dialysis center or facility operating a medicareapproved home dialysis program from selling, delivering,
possessing, or dispensing directly to its dialysis patients, in
case or full shelf lots, if prescribed by a physician licensed
(2002 Ed.)
Pharmacists
under chapter 18.57 or 18.71 RCW, those legend drugs determined by the board pursuant to rule. [1987 c 41 § 1.]
Application of legend drug statutes to dialysis programs: RCW 69.41.032.
18.64.270 Responsibility for drug purity—
Adulteration—Penalty. Every proprietor of a wholesale or
retail drug store shall be held responsible for the quality of
all drugs, chemicals or medicines sold or dispensed by him
except those sold in original packages of the manufacturer
and except those articles or preparations known as patent or
proprietary medicines. Any person who shall knowingly,
wilfully or fraudulently falsify or adulterate any drug or
medicinal substance or preparation authorized or recognized
by an official compendium or used or intended to be used in
medical practice, or shall wilfully, knowingly or fraudulently
offer for sale, sell or cause the same to be sold for medicinal
purposes, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine in any
sum not less than seventy-five nor more than one hundred
and fifty dollars or by imprisonment in the county jail for a
period of not less than one month nor more than three
months, and any person convicted a third time for violation
of any of the provisions of this section may suffer both fine
and imprisonment. In any case he shall forfeit to the state
of Washington all drugs or preparations so falsified or
adulterated. [1963 c 38 § 13; 1899 c 121 § 14; RRS §
10139. Prior: 1891 c 153 § 15. Formerly RCW 18.67.100
and 18.67.120.]
18.64.275 Limitations on liability for dispensing of
prescription. (1) A pharmacist who dispenses a prescription
product in the form manufactured by a commercial manufacturer pursuant to a prescription issued by a licensed practitioner is not liable to a person who was injured through the use
of the product, based on a claim of the following:
(a) Strict liability in tort; or
(b) Implied warranty provisions under the uniform
commercial code Title 62A RCW.
(2) The limitation on pharmacist’s liability as provided
in subsection (1) of this section shall only apply if the
pharmacist complies with recordkeeping requirements
pursuant to chapters 18.64, 69.41, and 69.50 RCW, and
related administrative rules.
(3) A pharmacist who dispenses a prescription product
in the form manufactured by a commercial manufacturer
issued by a licensed practitioner is liable to the claimant only
if the claimant’s harm was proximately caused by (a) the
negligence of the pharmacist; (b) breach of an express
warranty made by the pharmacist; or (c) the intentional
misrepresentation of facts about the product by the pharmacist or the intentional concealment of information about the
product by the pharmacist. A pharmacist shall not be liable
for the product manufacturer’s liability except as provided in
RCW 7.72.040. [1991 c 189 § 1.]
18.64.280 General penalty. Any person who shall
violate any of the provisions of chapter 18.64 RCW and for
which a penalty is not provided shall be deemed guilty of a
gross misdemeanor. [1963 c 38 § 14; 1909 c 213 § 13; RRS
§ 10146. Formerly RCW 18.64.250, part.]
(2002 Ed.)
18.64.257
18.64.300 Pharmacist members of committees to
evaluate credentials and qualifications of pharmacists—
Immunity from civil suit. See RCW 4.24.240.
18.64.301 Pharmacists filing charges or presenting
evidence before pharmaceutical society—Immunity from
civil suit. See RCW 4.24.250, 4.24.260.
18.64.302 Records of pharmaceutical society not
subject to civil process. See RCW 4.24.250.
18.64.310 Department of health—Powers and
duties. The department shall:
(1) Establish reasonable license and examination fees
and fees for services to other agencies in accordance with
RCW 43.70.250 and 43.70.280. In cases where there are
unanticipated demands for services, the department may
request payment for services directly from the agencies for
whom the services are performed, to the extent that revenues
or other funds are available. Drug-related investigations
regarding licensed health care practitioners shall be funded
by an appropriation to the department from the health
professions account. The payment may be made on either
an advance or a reimbursable basis as approved by the
director of financial management;
(2) Employ, with confirmation by the board, an executive officer, who shall be exempt from the provisions of
chapter 41.06 RCW and who shall be a pharmacist licensed
in Washington, and employ inspectors, investigators, chemists, and other persons as necessary to assist it for any
purpose which it may deem necessary;
(3) Investigate and prosecute, at the direction of the
board, including use of subpoena powers, violations of law
or regulations under its jurisdiction or the jurisdiction of the
board of pharmacy;
(4) Make, at the direction of the board, inspections and
investigations of pharmacies and other places, including
dispensing machines, in which drugs or devices are stored,
held, compounded, dispensed, sold, or administered to the
ultimate consumer, to take and analyze any drugs or devices
and to seize and condemn any drugs or devices which are
adulterated, misbranded, stored, held, dispensed, distributed,
administered, or compounded in violation of or contrary to
law. The written operating agreement between the department and the board, as required by RCW 43.70.240 shall
include provisions for the department to involve the board in
carrying out its duties required by this section. [1996 c 191
§ 49; 1989 1st ex.s. c 9 § 410.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64.350 Nonresident pharmacies—Findings. (1)
The legislature finds and declares that the practice of
pharmacy is a dynamic, patient-oriented health service that
applies a scientific body of knowledge to improve and
promote patient health by means of appropriate drug use and
drug-related therapy.
(2) The legislature recognizes that with the proliferation
of alternate methods of health delivery, there has arisen
among third-party payors and insurance companies the desire
to control the cost and utilization of pharmacy services
[Title 18 RCW—page 189]
18.64.350
Title 18 RCW: Businesses and Professions
through a variety of mechanisms, including the use of mailorder pharmacies located outside the state of Washington.
(3) As a result, the legislature finds and declares that to
continue to protect the Washington consumer-patient, all outof-state pharmacies that provide services to Washington
residents shall be licensed by the department of health,
disclose specific information about their services, and
provide pharmacy services at a high level of protection and
competence. [1991 c 87 § 1.]
Effective date—1991 c 87: "This act shall take effect October 1,
1991." [1991 c 87 § 15.]
18.64.360 Nonresident pharmacies—Definition—
Requirements—Exemption. (1) For the purposes of this
chapter any pharmacy located outside this state that ships,
mails, or delivers, in any manner, except when delivered in
person to an individual, controlled substances, legend drugs,
or devices into this state is a nonresident pharmacy, and
shall be licensed by the department of health, and shall
disclose to the department the following:
(a) The location, names, and titles of all owners including corporate officers and all pharmacists employed by the
pharmacy who are dispensing controlled substances, legend
drugs, or devices to residents of this state. A report containing this information shall be made on an annual basis and
within ninety days after a change of location, corporate
officer, or pharmacist;
(b) Proof of compliance with all lawful directions and
requests for information from the regulatory or licensing
agency of the state in which it is licensed as well as with all
requests for information made by the department of health
under this section. The nonresident pharmacy shall maintain,
at all times, a valid unexpired license, permit, or registration
to operate the pharmacy in compliance with the laws of the
state in which it is located. As a prerequisite to be licensed
by the department of health, the nonresident pharmacy shall
submit a copy of the most recent inspection report issued by
the regulatory licensing agency of the state in which it is
located;
(c) Proof that it maintains its records of controlled
substances, legend drugs, or devices dispensed to patients in
this state so that the records are readily retrievable from the
records of other drugs dispensed.
(2) Any pharmacy subject to this section shall, during its
regular hours of operation, provide a toll-free telephone
service to facilitate communication between patients in this
state and a pharmacist at the pharmacy who has access to the
patient’s records. This toll-free number shall be disclosed on
the label affixed to each container of drugs dispensed to
patients in this state.
(3) A pharmacy subject to this section shall comply with
board rules regarding the maintenance and use of patient
medication record systems.
(4) A pharmacy subject to this section shall comply with
board of pharmacy rules regarding the provision of drug
information to the patient. Drug information may be
contained in written form setting forth directions for use and
any additional information necessary to assure the proper
utilization of the medication prescribed. A label bearing the
expiration date of the prescription must be affixed to each
box, bottle, jar, tube, or other container of a prescription that
[Title 18 RCW—page 190]
is dispensed in this state by a pharmacy subject to this
section.
(5) A pharmacy subject to this section shall not dispense
medication in a quantity greater than authorized by the
prescriber.
(6) The license fee specified by the secretary, in
accordance with the provisions of RCW 43.70.250, shall not
exceed the fee charged to a pharmacy located in this state.
(7) The license requirements of this section apply to
nonresident pharmacies that ship, mail, or deliver controlled
substances, legend drugs, and devices into this state only
under a prescription. The board of pharmacy may grant an
exemption from licensing under this section upon application
by an out-of-state pharmacy that restricts its dispensing
activity in Washington to isolated transactions.
(8) Each nonresident pharmacy that ships, mails, or
delivers legend drugs or devices into this state shall designate a resident agent in Washington for service of process.
The designation of such an agent does not indicate that the
nonresident pharmacy is a resident of Washington for tax
purposes. [1996 c 109 § 1; 1991 c 87 § 2.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.370 Nonresident pharmacies—License required—Application—Renewal. (1) A nonresident
pharmacy that has not obtained a license from the department of health shall not conduct the business of selling or
distributing drugs in this state.
(2) Applications for a nonresident pharmacy license
under RCW 18.64.350 through 18.64.400 shall be made on
a form furnished by the department. The department may
require such information as it deems is reasonably necessary
to carry out the purpose of RCW 18.64.350 through
18.64.400.
(3) The nonresident pharmacy license shall be renewed
annually on a date to be established by the department by
rule. In the event the license fee remains unpaid, no renewal
or new license shall be issued except upon payment of the
license renewal fee and a penalty fee equal to the original
license fee. [1991 c 87 § 3.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.380 Nonresident pharmacies—Information
required—Inspection. A nonresident pharmacy shall:
(1) Submit to the department, upon request, information
acceptable to the secretary concerning controlled substances
shipped, mailed, or delivered to a Washington resident.
(2) Submit to on-site inspection by the department of
the nonresident pharmacy’s prescription records if the
information in subsection (1) of this section is not provided
to the department upon request. [1991 c 87 § 4.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.390 Nonresident pharmacies—Violations—
Penalties. (1) The board may deny, revoke, or suspend a
nonresident pharmacy license or impose a fine not to exceed
one thousand dollars per violation for failure to comply with
any requirement of RCW 18.64.350 through 18.64.400.
(2) The board may deny, revoke, or suspend a nonresident pharmacy license or impose a fine not to exceed one
thousand dollars per violation for conduct that causes serious
(2002 Ed.)
Pharmacists
bodily or psychological injury to a resident of this state if
the secretary has referred the matter to the regulatory or
licensing agency in the state in which the pharmacy is
located and that regulatory or licensing agency fails to
initiate an investigation within forty-five days of the referral
under this subsection or fails to make a determination on the
referral. [1991 c 87 § 5.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.400 Nonresident pharmacies—Definition—
Advertising. For the purposes of this chapter, a nonresident
pharmacy is defined as any pharmacy located outside this
state that ships, mails, or delivers, in any manner, except
when delivered in person to an individual, controlled
substances, legend drugs, or devices into this state. It is
unlawful for:
(1) Any nonresident pharmacy that is not licensed under
RCW 18.64.350 through 18.64.400 to advertise its service in
this state; or
(2) Any resident of this state to advertise the pharmaceutical services of a nonresident pharmacy with the knowledge that the nonresident pharmacy is not licensed by the
department and that the advertisement will or is likely to induce persons within this state to use the nonresident pharmacy to fill prescriptions. [1991 c 87 § 6.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.410 Nonresident pharmacies—Rules. The
board may adopt rules to implement the provisions of RCW
18.64.350 through 18.64.400 and 18.64.420. [1991 c 87 §
11.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.420 Nonresident pharmacies—Information
confidential—Exceptions. All records, reports, and information obtained by the department from or on behalf of an
entity licensed under chapter 48.20, 48.21, 48.44, or 48.46
RCW shall be confidential and exempt from inspection and
copying under chapter 42.17 RCW. Nothing in this section
restricts the investigation or the proceedings of the board or
the department so long as the board and the department
comply with the provisions of chapter 42.17 RCW. Nothing
in this section or in chapter 42.17 RCW shall restrict the
board or the department from complying with any mandatory
reporting requirements that exist or may exist under federal
law, nor shall the board or the department be restricted from
providing to any person the name of any nonresident
pharmacy that is or has been licensed or disciplined under
RCW 18.64.350 through 18.64.400. [1991 c 87 § 12.]
Effective date—1991 c 87: See note following RCW 18.64.350.
18.64.430 Cost disclosure to health care providers.
The registered or licensed pharmacist under this chapter shall
establish and maintain a procedure for disclosing to physicians and other health care providers with prescriptive
authority information detailed by prescriber, of the cost and
dispensation of all prescriptive medications prescribed by
him or her for his or her patients on request. These charges
should be made available on at least a quarterly basis for all
requested patients and should include medication, dosage,
number dispensed, and the cost of the prescription. Pharma(2002 Ed.)
18.64.390
cies may provide this information in a summary form for
each prescribing physician for all patients rather than as
individually itemized reports. All efforts should be made to
utilize the existing computerized records and software to provide this information in the least costly format. [2000 c 171
§ 22; 1993 c 492 § 267.]
Cost containment—1993 c 492: "The legislature finds that the
spiraling costs of health care continue to surmount efforts to contain them,
increasing at approximately twice the inflationary rate. One of the fastest
growing segments of the health care expenditure involves prescription
medications. By making physicians and other health care providers with
prescriptive authority more aware of the cost consequences of health care
treatments for consumers, these providers may be inclined to exercise more
restraint in providing only the most relevant and cost-beneficial drug and
medication treatments. The requirement of the pharmacy to inform
physicians and other health care providers of the charges of prescription
drugs and medications that they order may have a positive effect on
containing health costs. Further, the option of the physician or other health
care provider to inform the patient of these charges may strengthen the
necessary dialogue in the provider-patient relationship that tends to be
diminished by intervening third-party payers." [1993 c 492 § 266.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
18.64.450 Health care entity—License requirements
for legend drugs and controlled substances—Exception.
(1) In order for a health care entity to purchase, administer,
dispense, and deliver legend drugs, the health care entity
must be licensed by the department.
(2) In order for a health care entity to purchase, administer, dispense, and deliver controlled substances, the health
care entity must annually obtain a license from the department in accordance with the board’s rules.
(3) The receipt, administration, dispensing, and delivery
of legend drugs or controlled substances by a health care
entity must be performed under the supervision or at the
direction of a pharmacist.
(4) A health care entity may only administer, dispense,
or deliver legend drugs and controlled substances to patients
who receive care within the health care entity and in
compliance with rules of the board. Nothing in this subsection shall prohibit a practitioner, in carrying out his or her
licensed responsibilities within a health care entity, from
dispensing or delivering to a patient of the health care entity
drugs for that patient’s personal use in an amount not to
exceed seventy-two hours of usage. [1995 c 319 § 3.]
18.64.460 Health care entity—License fee—
Requirements—Penalty. (1) The owner of a health care
entity shall pay an original license fee to be determined by
the secretary, and annually thereafter, on or before a date to
be determined by the secretary, a fee to be determined by
the secretary, for which he or she shall receive a license of
location, which shall entitle the owner to purchase legend
drugs or controlled substances at the location specified for
the period ending on a date to be determined by the secretary. A declaration of ownership and location filed with the
department under this section shall be deemed presumptive
evidence of ownership of the health care entity.
(2) The owner shall immediately notify the department
of any change of location or ownership in which case a new
application and fee shall be submitted.
[Title 18 RCW—page 191]
18.64.460
Title 18 RCW: Businesses and Professions
(3) It shall be the duty of the owner to keep the license
of location or the renewal license properly exhibited in the
health care entity.
(4) Failure to comply with this section is a misdemeanor
and each day that the failure continues is a separate offense.
(5) In the event that a license fee remains unpaid after
the date due, no renewal or new license may be issued
except upon payment of the license renewal fee and a
penalty fee equal to the original license fee. [1995 c 319 §
4.]
18.64.470 Health care entity—Records. Every
proprietor or manager of a health care entity shall keep
readily available a suitable record of drugs, which shall
preserve for a period of not less than two years the record of
every drug used at such health care entity. The record shall
be maintained either separately from all other records of the
health care entity or in such form that the information
required is readily retrievable from ordinary business records
of the health care entity. All recordkeeping requirements for
controlled substances must be complied with. Such record
of drugs shall be for confidential use in the health care
entity, only. The record of drugs shall be open for inspection by the board of pharmacy, who is authorized to enforce
chapter 18.64, 69.41, or 69.50 RCW. [1995 c 319 § 6.]
18.64.900 Severability—1923 c 180. Should any
section or parts of sections of this act be declared unconstitutional it shall in no case affect the validity of other provisions of this act. [1923 c 180 § 12.]
18.64.910 Severability—1935 c 98. If any section,
sentence, clause or part of this act shall be adjudged to be
invalid, such adjudication shall not affect the remaining
portions of the act. [1935 c 98 § 12.]
18.64.911 Severability—1963 c 38. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1963 c 38 § 24.]
18.64.920 Repealer—1935 c 98. All acts and parts of
acts in conflict herewith are hereby repealed. [1935 c 98 §
11.]
Chapter 18.64A
PHARMACY ASSISTANTS
Sections
18.64A.005
18.64A.010
18.64A.020
18.64A.030
18.64A.040
18.64A.050
18.64A.055
18.64A.060
Regulation of health care professions—Criteria.
Definitions.
Rules—Qualifications and training programs.
Rules—Duties of technicians, assistants.
Limitations on practice.
Disciplinary action against certificate—Grounds.
Uniform Disciplinary Act.
Pharmacy’s application for ancillary personnel—Fee—
Approval or rejection by board—Hearing—Appeal.
18.64A.070 Persons presently acting as technicians—Pharmacies presently employing those persons.
18.64A.080 Pharmacy’s or pharmacist’s liability, responsibility.
[Title 18 RCW—page 192]
18.64A.900 Severability—1977 ex.s. c 101.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
18.64A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.64A.010 Definitions. Terms used in this chapter
shall have the meaning set forth in this section unless the
context clearly indicates otherwise:
(1) "Board" means the state board of pharmacy;
(2) "Department" means the department of health;
(3) "Pharmacist" means a person duly licensed by the
state board of pharmacy to engage in the practice of pharmacy;
(4) "Pharmacy" means every place properly licensed by
the board of pharmacy where the practice of pharmacy is
conducted;
(5) "Pharmacy ancillary personnel" means pharmacy
technicians and pharmacy assistants;
(6) "Pharmacy technician" means:
(a) A person who is enrolled in, or who has satisfactorily completed, a board approved training program designed
to prepare persons to perform nondiscretionary functions
associated with the practice of pharmacy; or
(b) A person who is a graduate with a degree in
pharmacy or medicine of a foreign school, university, or
college recognized by the board;
(7) "Pharmacy assistant" means a person registered by
the board to perform limited functions in the pharmacy;
(8) "Practice of pharmacy" means the definition given
in RCW 18.64.011;
(9) "Secretary" means the secretary of health or the
secretary’s designee. [1997 c 417 § 1; 1989 1st ex.s. c 9 §
422; 1977 ex.s. c 101 § 1.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64A.020 Rules—Qualifications and training programs. (1) The board shall adopt, in accordance with
chapter 34.05 RCW, rules fixing the classification and
qualifications and the educational and training requirements
for persons who may be employed as pharmacy technicians
or who may be enrolled in any pharmacy technician training
program. Such rules shall provide that:
(a) Licensed pharmacists shall supervise the training of
pharmacy technicians; and
(b) Training programs shall assure the competence of
pharmacy technicians to aid and assist pharmacy operations.
Training programs shall consist of instruction and/or practical training.
Such rules may include successful completion of
examinations for applicants for pharmacy technician certificates. If such examination rules are adopted, the board shall
prepare or determine the nature of, and supervise the grading
of the examinations. The board may approve an examination prepared or administered by a private testing agency or
association of licensing authorities.
(2) The board may disapprove or revoke approval of
any training program for failure to conform to board rules.
In the case of the disapproval or revocation of approval of
(2002 Ed.)
Pharmacy Assistants
a training program by the board, a hearing shall be conducted in accordance with RCW 18.64.160, and appeal may be
taken in accordance with the Administrative Procedure Act,
chapter 34.05 RCW. [1997 c 417 § 2; 1995 c 198 § 8; 1977
ex.s. c 101 § 2.]
18.64A.030 Rules—Duties of technicians, assistants.
The board shall adopt, in accordance with chapter 34.05
RCW, rules governing the extent to which pharmacy ancillary personnel may perform services associated with the
practice of pharmacy. These rules shall provide for the
certification of pharmacy technicians by the department at a
fee determined by the secretary under RCW 43.70.250:
(1) "Pharmacy technicians" may assist in performing,
under the supervision and control of a licensed pharmacist,
manipulative, nondiscretionary functions associated with the
practice of pharmacy and other such duties and subject to
such restrictions as the board may by rule adopt.
(2) "Pharmacy assistants" may perform, under the
supervision of a licensed pharmacist, duties including but not
limited to, typing of prescription labels, filing, refiling,
bookkeeping, pricing, stocking, delivery, nonprofessional
phone inquiries, and documentation of third party reimbursements and other such duties and subject to such restrictions
as the board may by rule adopt. [1997 c 417 § 3; 1996 c
191 § 50; 1989 1st ex.s. c 9 § 423; 1977 ex.s. c 101 § 3.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64A.040 Limitations on practice. (1) Pharmacy
ancillary personnel shall practice pharmacy in this state only
after authorization by the board and only to the extent
permitted by the board in accordance with this chapter.
(2) A pharmacist shall be assisted by pharmacy ancillary
personnel in the practice of pharmacy in this state only after
authorization by the board and only to the extent permitted
by the board in accordance with this chapter: PROVIDED,
That no pharmacist may supervise more than one pharmacy
technician: PROVIDED FURTHER, That in pharmacies
operating in connection with facilities licensed pursuant to
chapter 70.41, 71.12, 71A.20, or 74.42 RCW, whether or not
situated within the said facility which shall be physically
separated from any area of a pharmacy where dispensing of
prescriptions to the general public occurs, the ratio of
pharmacists to pharmacy technicians shall be as follows: In
the preparation of medicine or other materials used by
patients within the facility, one pharmacist supervising no
more than three pharmacy technicians; in the preparation of
medicine or other materials dispensed to persons not patients
within the facility, one pharmacist supervising not more than
one pharmacy technician.
(3) The board may by rule modify the standard ratios
set out in subsection (2) of this section governing the
utilization of pharmacy technicians by pharmacies and
pharmacists. Should a pharmacy desire to use more pharmacy technicians than the standard ratios, the pharmacy must
submit to the board a pharmacy services plan for approval.
(a) The pharmacy services plan shall include, at a
minimum, the following information: Pharmacy design and
equipment, information systems, workflow, and quality
assurance procedures. In addition, the pharmacy services
(2002 Ed.)
18.64A.020
plan shall demonstrate how it facilitates the provision of
pharmaceutical care by the pharmacy.
(b) Prior to approval of a pharmacy services plan, the
board may require additional information to ensure appropriate oversight of pharmacy ancillary personnel.
(c) The board may give conditional approval for pilot or
demonstration projects.
(d) Variance from the approved pharmacy services plan
is grounds for disciplinary action under RCW 18.64A.050.
[1997 c 417 § 4; 1992 c 40 § 1; 1977 ex.s. c 101 § 4.]
18.64A.050 Disciplinary action against certificate—
Grounds. In addition to the grounds under RCW
18.130.170 and 18.130.180, the board of pharmacy may take
disciplinary action against the certificate of any pharmacy
technician upon proof that:
(1) His or her certificate was procured through fraud,
misrepresentation or deceit;
(2) He or she has been found guilty of any offense in
violation of the laws of this state relating to drugs, poisons,
cosmetics or drug sundries by any court of competent
jurisdiction. Nothing herein shall be construed to affect or
alter the provisions of RCW 9.96A.020;
(3) He or she has exhibited gross incompetency in the
performance of his or her duties;
(4) He or she has willfully or repeatedly violated any of
the rules and regulations of the board of pharmacy or of the
department;
(5) He or she has willfully or repeatedly performed
duties beyond the scope of his or her certificate in violation
of the provisions of this chapter; or
(6) He or she has impersonated a licensed pharmacist.
[1997 c 417 § 5; 1993 c 367 § 15; 1989 1st ex.s. c 9 § 424;
1977 ex.s. c 101 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.64A.055 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs the issuance
and denial of certificates and the discipline of certificants
under this chapter. [1993 c 367 § 16.]
18.64A.060 Pharmacy’s application for ancillary
personnel—Fee—Approval or rejection by board—
Hearing—Appeal. No pharmacy licensed in this state shall
utilize the services of pharmacy ancillary personnel without
approval of the board.
Any pharmacy licensed in this state may apply to the
board for permission to use the services of pharmacy
ancillary personnel. The application shall be accompanied
by a fee and shall comply with administrative procedures
and administrative requirements set pursuant to RCW
43.70.250 and 43.70.280, shall detail the manner and extent
to which the pharmacy ancillary personnel would be used
and supervised, and shall provide other information in such
form as the secretary may require.
The board may approve or reject such applications. In
addition, the board may modify the proposed utilization of
pharmacy ancillary personnel and approve the application as
[Title 18 RCW—page 193]
18.64A.060
Title 18 RCW: Businesses and Professions
modified. Whenever it appears to the board that pharmacy
ancillary personnel are being utilized in a manner inconsistent with the approval granted, the board may withdraw such
approval. In the event a hearing is requested upon the
rejection of an application, or upon the withdrawal of
approval, a hearing shall be conducted in accordance with
chapter 18.64 RCW, as now or hereafter amended, and
appeal may be taken in accordance with the Administrative
Procedure Act, chapter 34.05 RCW. [1997 c 417 § 6; 1996
c 191 § 51; 1989 1st ex.s. c 9 § 425; 1977 ex.s. c 101 § 6.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.64A.070 Persons presently acting as technicians—Pharmacies presently employing those persons.
(1) Persons presently assisting a pharmacist by performing
the functions of a pharmacy technician may continue to do
so under the supervision of a licensed pharmacist: PROVIDED, That within eighteen months after May 28, 1977, such
persons shall be in compliance with the provisions of this
chapter.
(2) Pharmacies presently employing persons to perform
the functions of a pharmacy technician may continue to do
so while obtaining board approval for the use of certified
pharmacy technicians: PROVIDED, That within eighteen
months after May 28, 1977, such pharmacies shall be in
compliance with the provisions of this chapter. [1997 c 417
§ 7; 1977 ex.s. c 101 § 7.]
18.64A.080 Pharmacy’s or pharmacist’s liability,
responsibility. A pharmacy or pharmacist which utilizes the
services of pharmacy ancillary personnel with approval by
the board, is not aiding and abetting an unlicensed person to
practice pharmacy within the meaning of chapter 18.64
RCW: PROVIDED, HOWEVER, That the pharmacy or
pharmacist shall retain responsibility for any act performed
by pharmacy ancillary personnel in the course of employment. [1997 c 417 § 8; 1977 ex.s. c 101 § 8.]
18.64A.900 Severability—1977 ex.s. c 101. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 101 § 10.]
Chapter 18.71
PHYSICIANS
Sections
18.71.002
18.71.003
18.71.005
18.71.010
18.71.011
Purpose.
Declaration of purpose.
Regulation of health care professions—Criteria.
Definitions.
Definition of practice of medicine—Engaging in practice of
chiropractic prohibited, when.
18.71.015 Commission established—Membership—Qualifications—
Duties and powers—Compensation—Order of removal—Vacancies.
18.71.017 Rules by commission—Successor to other boards.
18.71.019 Application of Uniform Disciplinary Act—Request for review of revocation order.
18.71.0191 Executive director—Staff.
18.71.0193 Duty to report unprofessional conduct—Exceptions.
[Title 18 RCW—page 194]
18.71.0195
18.71.021
18.71.030
18.71.040
18.71.050
Disciplinary reports—Confidentiality—Immunity.
License required.
Exemptions.
Application—Fee.
Application—Eligibility requirements—United States and
Canadian graduates.
18.71.051 Application—Eligibility requirements—Foreign graduates.
18.71.055 Schools of medicine—Requirements for approval.
18.71.060 Record of proceedings of commission and of applications.
18.71.070 Examination—Record.
18.71.080 License renewal—Continuing education requirement—
Failure to renew, procedure.
18.71.085 Inactive licenses—Renewal—Application of disciplinary
provisions.
18.71.090 License without examination—Reciprocity—National board
examinees—Fee.
18.71.095 Limited licenses.
18.71.100 Applicability of health regulations.
18.71.151 Physician members of committees to evaluate credentials
and qualifications of physicians—Immunity from civil
suit.
18.71.161 Physicians filing charges or presenting evidence before committees, boards, or hospitals—Immunity from civil suit.
18.71.171 Records of medical society or hospital committee or board
not subject to civil process.
18.71.190 False personation—Penalty.
18.71.200 Emergency medical service personnel—Definitions.
18.71.205 Emergency medical service personnel—Certification.
18.71.210 Emergency medical service personnel—Liability.
18.71.212 Medical program directors—Certification.
18.71.213 Medical program directors—Termination—Temporary delegation of authority.
18.71.215 Medical program directors—Liability for acts or omissions
of others.
18.71.220 Rendering emergency care—Immunity of physician or hospital from civil liability.
18.71.230 Disciplinary action against persons exempt from licensure.
18.71.240 Abortion—Right to medical treatment of infant born alive.
18.71.300 Impaired physician program—Definitions.
18.71.310 Impaired physician program—License surcharge.
18.71.315 Impaired physician account—Created.
18.71.320 Impaired physician program—Procedures.
18.71.330 Impaired physician program—Evaluation of physician.
18.71.340 Impaired physician program—Entity records protected.
18.71.350 Report of malpractice payments by insurers.
18.71.360 Driving records.
18.71.370 Joint practice arrangements.
18.71.401 Funds collected—Where deposited.
18.71.420 Allocation of all appropriated funds.
18.71.910 Repeal—1909 c 192.
18.71.920 Repeal—1957 c 60.
18.71.930 Severability—1957 c 60.
18.71.940 Severability—1961 c 284.
18.71.941 Severability—1975 1st ex.s. c 171.
Reviser’s note: Certain powers and duties of the department of social
and health services and the secretary of social and health services transferred
to the department of health and the secretary of health. See RCW
43.70.060.
Abortion: Chapter 9.02 RCW.
Accepted medical procedures not to include adjustment by hand of any
articulation of the spine: RCW 18.25.005.
Actions against, limitation of: RCW 4.16.350.
Actions for negligence against, evidence and proof required to prevail:
RCW 4.24.290.
Audits and investigations: RCW 74.09.290.
Crimes relating to pregnancy and childbirth: RCW 9A.32.060.
Health care assistants: Chapter 18.135 RCW.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Homeless person vision services: RCW 43.20A.800 through 43.20A.850.
License of doctors as event physician for contestants in boxing, kickboxing,
martial arts, and wrestling events: RCW 67.08.090.
(2002 Ed.)
Physicians
Lien of doctors: Chapter 60.44 RCW.
Rebating by practitioners of healing professions prohibited: Chapter 19.68
RCW.
Regulation of practice of medicine and surgery, sale of drugs and medicines: State Constitution Art. 20 § 2.
18.71.002 Purpose. It is the purpose of the medical
quality assurance commission to regulate the competency
and quality of professional health care providers under its
jurisdiction by establishing, monitoring, and enforcing
qualifications for licensing, consistent standards of practice,
continuing competency mechanisms, and discipline. Rules,
policies, and procedures developed by the commission must
promote the delivery of quality health care to the residents
of the state of Washington. [1994 sp.s. c 9 § 301.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.003 Declaration of purpose. This chapter is
passed:
(1) In the exercise of the police power of the state to
protect public health, to promote the welfare of the state, and
to provide an adequate public agency to act as a disciplinary
body for the members of the medical profession licensed to
practice medicine and surgery in this state;
(2) Because the health and well-being of the people of
this state are of paramount importance;
(3) Because the conduct of members of the medical
profession licensed to practice medicine and surgery in this
state plays a vital role in preserving the health and wellbeing of the people of the state; and
(4) Because the agency which now exists to handle
disciplinary proceedings for members of the medical profession licensed to practice medicine and surgery in this state
is ineffective and very infrequently employed, and consequently there is no effective means of handling such disciplinary proceedings when they are necessary for the protection of the public health. [1955 c 202 § 1. Formerly RCW
18.72.010.]
18.71.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.71.010 Definitions. The following terms used in
this chapter shall have the meanings set forth in this section
unless the context clearly indicates otherwise:
(1) "Commission" means the Washington state medical
quality assurance commission.
(2) "Secretary" means the secretary of health.
(3) "Resident physician" means an individual who has
graduated from a school of medicine which meets the
requirements set forth in RCW 18.71.055 and is serving a
period of postgraduate clinical medical training sponsored by
a college or university in this state or by a hospital accredited by this state. For purposes of this chapter, the term shall
include individuals designated as intern or medical fellow.
(4) "Emergency medical care" or "emergency medical
service" has the same meaning as in chapter 18.73 RCW.
[1994 sp.s. c 9 § 302; 1991 c 3 § 158; 1988 c 104 § 1; 1979
c 158 § 51; 1975 1st ex.s. c 171 § 1; 1961 c 284 § 1; 1957
c 60 § 2. Prior: 1947 c 168 § 1, part; 1919 c 134 § 3, part;
(2002 Ed.)
Chapter 18.71
1909 c 192 § 6, part; Rem. Supp. 1947 § 10008, part; prior:
1905 c 41 § 1, part; 1901 c 42 § 1, part; 1890 p 115 § 3,
part; Code 1881 § 2285, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Uniform Anatomical Gift Act: Chapter 68.50 RCW.
18.71.011 Definition of practice of medicine—
Engaging in practice of chiropractic prohibited, when.
A person is practicing medicine if he does one or more of
the following:
(1) Offers or undertakes to diagnose, cure, advise or
prescribe for any human disease, ailment, injury, infirmity,
deformity, pain or other condition, physical or mental, real
or imaginary, by any means or instrumentality;
(2) Administers or prescribes drugs or medicinal
preparations to be used by any other person;
(3) Severs or penetrates the tissues of human beings;
(4) Uses on cards, books, papers, signs or other written
or printed means of giving information to the public, in the
conduct of any occupation or profession pertaining to the
diagnosis or treatment of human disease or conditions the
designation "doctor of medicine", "physician", "surgeon",
"m.d." or any combination thereof unless such designation
additionally contains the description of another branch of the
healing arts for which a person has a license: PROVIDED
HOWEVER, That a person licensed under this chapter shall
not engage in the practice of chiropractic as defined in RCW
18.25.005. [1975 1st ex.s. c 171 § 15.]
18.71.015 Commission established—Membership—
Qualifications—Duties and powers—Compensation—
Order of removal—Vacancies. The Washington state
medical quality assurance commission is established,
consisting of thirteen individuals licensed to practice medicine in the state of Washington under this chapter, two
individuals who are licensed as physician assistants under
chapter 18.71A RCW, and four individuals who are members
of the public. Each congressional district now existing or
hereafter created in the state must be represented by at least
one physician member of the commission. The terms of
office of members of the commission are not affected by
changes in congressional district boundaries. Public members of the commission may not be a member of any other
health care licensing board or commission, or have a
fiduciary obligation to a facility rendering health services
regulated by the commission, or have a material or financial
interest in the rendering of health services regulated by the
commission.
The members of the commission shall be appointed by
the governor. Members of the initial commission may be
appointed to staggered terms of one to four years, and
thereafter all terms of appointment shall be for four years.
The governor shall consider such physician and physician
assistant members who are recommended for appointment by
the appropriate professional associations in the state. In
appointing the initial members of the commission, it is the
intent of the legislature that, to the extent possible, the
existing members of the board of medical examiners and
medical disciplinary board repealed under section 336,
chapter 9, Laws of 1994 sp. sess. be appointed to the
[Title 18 RCW—page 195]
18.71.015
Title 18 RCW: Businesses and Professions
commission. No member may serve more than two consecutive full terms. Each member shall hold office until a
successor is appointed.
Each member of the commission must be a citizen of
the United States, must be an actual resident of this state,
and, if a physician, must have been licensed to practice
medicine in this state for at least five years.
The commission shall meet as soon as practicable after
appointment and elect officers each year. Meetings shall be
held at least four times a year and at such place as the
commission determines and at such other times and places
as the commission deems necessary. A majority of the
commission members appointed and serving constitutes a
quorum for the transaction of commission business.
The affirmative vote of a majority of a quorum of the
commission is required to carry any motion or resolution, to
adopt any rule, or to pass any measure. The commission
may appoint panels consisting of at least three members. A
quorum for the transaction of any business by a panel is a
minimum of three members. A majority vote of a quorum
of the panel is required to transact business delegated to it
by the commission.
Each member of the commission shall be compensated
in accordance with RCW 43.03.265 and in addition thereto
shall be reimbursed for travel expenses incurred in carrying
out the duties of the commission in accordance with RCW
43.03.050 and 43.03.060. Any such expenses shall be paid
from funds appropriated to the department of health.
Whenever the governor is satisfied that a member of a
commission has been guilty of neglect of duty, misconduct,
or malfeasance or misfeasance in office, the governor shall
file with the secretary of state a statement of the causes for
and the order of removal from office, and the secretary shall
forthwith send a certified copy of the statement of causes
and order of removal to the last known post office address
of the member.
Vacancies in the membership of the commission shall
be filled for the unexpired term by appointment by the
governor.
The members of the commission are immune from suit
in an action, civil or criminal, based on its disciplinary
proceedings or other official acts performed in good faith as
members of the commission.
Whenever the workload of the commission requires, the
commission may request that the secretary appoint pro
tempore members of the commission. When serving, pro
tempore members of the commission have all of the powers,
duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed
members of the commission. [1999 c 366 § 4; 1994 sp.s. c
9 § 303. Prior: 1991 c 44 § 1; 1991 c 3 § 159; 1990 c 196
§ 11; 1987 c 116 § 1; 1984 c 287 § 44; 1979 c 158 § 52;
1975-’76 2nd ex.s. c 34 § 41; 1975 1st ex.s. c 171 § 2; 1961
c 284 § 2.]
18.71.017 Rules by commission—Successor to other
boards. The commission may adopt such rules as are not
inconsistent with the laws of this state as may be determined
necessary or proper to carry out the purposes of this chapter.
The commission is the successor in interest of the board of
medical examiners and the medical disciplinary board. All
contracts, undertakings, agreements, rules, regulations, and
policies continue in full force and effect on July 1, 1994,
unless otherwise repealed or rejected by this chapter or by
the commission. [2000 c 171 § 23; 1994 sp.s. c 9 § 304;
1961 c 284 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.71.0193 Duty to report unprofessional conduct—
Exceptions. (1) A licensed health care professional licensed
under this chapter shall report to the commission when he or
she has personal knowledge that a practicing physician has
either committed an act or acts which may constitute
statutorily defined unprofessional conduct or that a practicing
physician may be unable to practice medicine with reasonable skill and safety to patients by reason of illness, drunk-
[Title 18 RCW—page 196]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.019 Application of Uniform Disciplinary
Act—Request for review of revocation order. The
Uniform Disciplinary Act, chapter 18.130 RCW, governs
unlicensed practice and the issuance and denial of licenses
and discipline of licensees under this chapter. When a panel
of the commission revokes a license, the respondent may request review of the revocation order of the panel by the
remaining members of the commission not involved in the
initial investigation. The respondent’s request for review
must be filed within twenty days of the effective date of the
order revoking the respondent’s license. The review shall be
scheduled for hearing by the remaining members of the
commission not involved in the initial investigation within
sixty days. The commission shall adopt rules establishing
review procedures. [1996 c 195 § 1; 1994 sp.s. c 9 § 305;
1987 c 150 § 45; 1986 c 259 § 105.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.0191 Executive director—Staff. The secretary
of the department of health shall appoint, from a list of three
names supplied by the commission, an executive director
who shall act to carry out the provisions of this chapter.
The secretary shall also employ such additional staff including administrative assistants, investigators, and clerical staff
as are required to enable the commission to accomplish its
duties and responsibilities. The executive director is exempt
from the provisions of the civil service law, chapter 41.06
RCW, as now or hereafter amended. [1994 sp.s. c 9 § 326;
1991 c 3 § 168; 1979 ex.s. c 111 § 6. Formerly RCW
18.72.155.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1979 ex.s. c 111: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 111 § 21.]
(2002 Ed.)
Physicians
enness, excessive use of drugs, narcotics, chemicals, or any
other type of material, or as a result of any mental or
physical conditions.
(2) Reporting under this section is not required by:
(a) An appropriately appointed peer review committee
member of a licensed hospital or by an appropriately
designated professional review committee member of a
county or state medical society during the investigative phase
of their respective operations if these investigations are
completed in a timely manner; or
(b) A treating licensed health care professional of a
physician currently involved in a treatment program as long
as the physician patient actively participates in the treatment
program and the physician patient’s impairment does not
constitute a clear and present danger to the public health,
safety, or welfare.
(3) The commission may impose disciplinary sanctions,
including license suspension or revocation, on any health
care professional subject to the jurisdiction of the commission who has failed to comply with this section. [1994 sp.s.
c 9 § 327; 1986 c 300 § 5. Formerly RCW 18.72.165.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
18.71.0195 Disciplinary reports—Confidentiality—
Immunity. (1) The contents of any report filed under RCW
18.130.070 shall be confidential and exempt from public
disclosure pursuant to chapter 42.17 RCW, except that it
may be reviewed (a) by the licensee involved or his or her
counsel or authorized representative who may submit any
additional exculpatory or explanatory statements or other
information, which statements or other information shall be
included in the file, or (b) by a representative of the commission, or investigator thereof, who has been assigned to
review the activities of a licensed physician.
Upon a determination that a report is without merit, the
commission’s records may be purged of information relating
to the report.
(2) Every individual, medical association, medical
society, hospital, medical service bureau, health insurance
carrier or agent, professional liability insurance carrier,
professional standards review organization, agency of the
federal, state, or local government, or the entity established
by RCW 18.71.300 and its officers, agents, and employees
are immune from civil liability, whether direct or derivative,
for providing information to the commission under RCW
18.130.070, or for which an individual health care provider
has immunity under the provisions of RCW 4.24.240,
4.24.250, or 4.24.260. [1998 c 132 § 2; 1994 sp.s. c 9 §
328; 1986 c 259 § 117; 1979 ex.s. c 111 § 15. Formerly
RCW 18.72.265.]
Finding—Intent—1998 c 132: "The legislature finds that the selfimposed license surcharge on physician licenses to fund a program to help
physicians with chemical dependency or mental illness is not being fully
spent on that program. It is the intent of the legislature that the program be
fully funded and that funds collected into the impaired physician account be
spent only on the program." [1998 c 132 § 1.]
Severability—1998 c 132: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 132 § 15.]
(2002 Ed.)
18.71.0193
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1979 ex.s. c 111: See note following RCW
18.71.0191.
18.71.021 License required. No person may practice
or represent himself or herself as practicing medicine without
first having a valid license to do so. [1987 c 150 § 46.]
Severability—1987 c 150: See RCW 18.122.901.
18.71.030 Exemptions. Nothing in this chapter shall
be construed to apply to or interfere in any way with the
practice of religion or any kind of treatment by prayer; nor
shall anything in this chapter be construed to prohibit:
(1) The furnishing of medical assistance in cases of
emergency requiring immediate attention;
(2) The domestic administration of family remedies;
(3) The administration of oral medication of any nature
to students by public school district employees or private
elementary or secondary school employees as provided for
in chapter 28A.210 RCW;
(4) The practice of dentistry, osteopathic medicine and
surgery, nursing, chiropractic, podiatric medicine and
surgery, optometry, naturopathy, or any other healing art
licensed under the methods or means permitted by such
license;
(5) The practice of medicine in this state by any
commissioned medical officer serving in the armed forces of
the United States or public health service or any medical
officer on duty with the United States veterans administration while such medical officer is engaged in the performance of the duties prescribed for him or her by the laws
and regulations of the United States;
(6) The practice of medicine by any practitioner licensed
by another state or territory in which he or she resides,
provided that such practitioner shall not open an office or
appoint a place of meeting patients or receiving calls within
this state;
(7) The practice of medicine by a person who is a
regular student in a school of medicine approved and
accredited by the commission, however, the performance of
such services be only pursuant to a regular course of
instruction or assignments from his or her instructor, or that
such services are performed only under the supervision and
control of a person licensed pursuant to this chapter;
(8) The practice of medicine by a person serving a
period of postgraduate medical training in a program of
clinical medical training sponsored by a college or university
in this state or by a hospital accredited in this state, however,
the performance of such services shall be only pursuant to
his or her duties as a trainee;
(9) The practice of medicine by a person who is
regularly enrolled in a physician assistant program approved
by the commission, however, the performance of such
services shall be only pursuant to a regular course of
instruction in said program and such services are performed
only under the supervision and control of a person licensed
pursuant to this chapter;
(10) The practice of medicine by a licensed physician
assistant which practice is performed under the supervision
and control of a physician licensed pursuant to this chapter;
[Title 18 RCW—page 197]
18.71.030
Title 18 RCW: Businesses and Professions
(11) The practice of medicine, in any part of this state
which shares a common border with Canada and which is
surrounded on three sides by water, by a physician licensed
to practice medicine and surgery in Canada or any province
or territory thereof;
(12) The administration of nondental anesthesia by a
dentist who has completed a residency in anesthesiology at
a school of medicine approved by the commission, however,
a dentist allowed to administer nondental anesthesia shall do
so only under authorization of the patient’s attending
surgeon, obstetrician, or psychiatrist, and the commission has
jurisdiction to discipline a dentist practicing under this
exemption and enjoin or suspend such dentist from the practice of nondental anesthesia according to this chapter and
chapter 18.130 RCW;
(13) Emergency lifesaving service rendered by a
physician’s trained emergency medical service intermediate
life support technician and paramedic, as defined in RCW
18.71.200, if the emergency lifesaving service is rendered
under the responsible supervision and control of a licensed
physician;
(14) The provision of clean, intermittent bladder
catheterization for students by public school district employees or private school employees as provided for in RCW
18.79.290 and 28A.210.280. [1996 c 178 § 4; 1995 c 65 §
1; 1994 sp.s. c 9 § 306. Prior: 1990 c 196 § 12; 1990 c 33
§ 552; 1988 c 48 § 4; 1986 c 259 § 108; 1983 c 2 § 1;
prior: 1982 c 195 § 3; 1982 c 51 § 1; 1975 1st ex.s. c 171
§ 5; 1973 1st ex.s. c 110 § 1; 1961 c 284 § 4; 1919 c 134 §
12; 1909 c 192 § 19; RRS § 10024.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1983 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1983 c 2 § 21.]
Severability—1982 c 195: See note following RCW 28A.210.260.
18.71.040 Application—Fee. Every applicant for a
certificate to practice medicine and surgery shall pay a fee
determined by the secretary as provided in RCW 43.70.250.
[1991 c 3 § 160; 1985 c 322 § 1. Prior: 1975 1st ex.s. c
171 § 6; 1975 1st ex.s. c 30 § 61; 1955 c 202 § 35; prior:
1941 c 166 § 1, part; 1913 c 82 § 1, part; 1909 c 192 § 7,
part; Rem. Supp. 1941 § 10010-1, part.]
18.71.050 Application—Eligibility requirements—
United States and Canadian graduates. (1) Each applicant
who has graduated from a school of medicine located in any
state, territory, or possession of the United States, the
District of Columbia, or the Dominion of Canada, shall file
an application for licensure with the commission on a form
prepared by the secretary with the approval of the commission. Each applicant shall furnish proof satisfactory to the
commission of the following:
(a) That the applicant has attended and graduated from
a school of medicine approved by the commission;
[Title 18 RCW—page 198]
(b) That the applicant has completed two years of
postgraduate medical training in a program acceptable to the
commission, provided that applicants graduating before July
28, 1985, may complete only one year of postgraduate medical training;
(c) That the applicant is of good moral character; and
(d) That the applicant is physically and mentally capable
of safely carrying on the practice of medicine. The commission may require any applicant to submit to such examination or examinations as it deems necessary to determine an
applicant’s physical and/or mental capability to safely
practice medicine.
(2) Nothing in this section shall be construed as prohibiting the commission from requiring such additional information from applicants as it deems necessary. The issuance
and denial of licenses are subject to chapter 18.130 RCW,
the Uniform Disciplinary Act. [1994 sp.s. c 9 § 307; 1991
c 3 § 161. Prior: 1986 c 259 § 109; 1985 c 322 § 2; 1975
1st ex.s. c 171 § 7; 1961 c 284 § 5; 1957 c 60 § 3; prior:
1947 c 168 § 1, part; 1919 c 134 § 3, part; 1909 c 192 § 6,
part; Rem. Supp. 1947 § 10008, part; prior: 1905 c 41 § 1,
part; 1901 c 42 § 1, part; 1890 p 115 § 3, part; Code 1881
§ 2285, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.051 Application—Eligibility requirements—
Foreign graduates. Applicants for licensure to practice
medicine who have graduated from a school of medicine
located outside of the states, territories, and possessions of
the United States, the District of Columbia, or the Dominion
of Canada, shall file an application for licensure with the
commission on a form prepared by the secretary with the
approval of the commission. Each applicant shall furnish
proof satisfactory to the commission of the following:
(1) That he or she has completed in a school of medicine a resident course of professional instruction equivalent
to that required in this chapter for applicants generally;
(2) That he or she meets all the requirements which
must be met by graduates of the United States and Canadian
school of medicine except that he or she need not have
graduated from a school of medicine approved by the
commission;
(3) That he or she has satisfactorily passed the examination given by the educational council for foreign medical
graduates or has met the requirements in lieu thereof as set
forth in rules adopted by the commission;
(4) That he or she has the ability to read, write, speak,
understand, and be understood in the English language.
[1994 sp.s. c 9 § 308; 1991 c 3 § 162; 1975 1st ex.s. c 171
§ 16.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.055 Schools of medicine—Requirements for
approval. The commission may approve any school of
medicine which is located in any state, territory, or possession of the United States, the District of Columbia, or in the
Dominion of Canada, provided that it:
(2002 Ed.)
Physicians
(1) Requires collegiate instruction which includes
courses deemed by the commission to be prerequisites to
medical education;
(2) Provides adequate instruction in the following
subjects: Anatomy, biochemistry, microbiology and immunology, pathology, pharmacology, physiology,
anaesthesiology, dermatology, gynecology, internal medicine,
neurology, obstetrics, ophthalmology, orthopedic surgery,
otolaryngology, pediatrics, physical medicine and rehabilitation, preventive medicine and public health, psychiatry,
radiology, surgery, and urology, and such other subjects
determined by the commission;
(3) Provides clinical instruction in hospital wards and
out-patient clinics under guidance.
Approval may be withdrawn by the commission at any
time a medical school ceases to comply with one or more of
the requirements of this section.
(4) Nothing in this section shall be construed to authorize the commission to approve a school of osteopathic
medicine and surgery, or osteopathic medicine, for purposes
of qualifying an applicant to be licensed under this chapter
by direct licensure, reciprocity, or otherwise. [1996 c 178 §
5; 1994 sp.s. c 9 § 309; 1975 1st ex.s. c 171 § 8; 1961 c 284
§ 6; 1957 c 60 § 4.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.060 Record of proceedings of commission and
of applications. The commission shall keep an official
record of all its proceedings, a part of which record shall
consist of a register of all applicants for licensure under this
chapter, with the result of each application. The record shall
be evidence of all the proceedings of the commission that
are set forth in it. [1994 sp.s. c 9 § 310; 1975 1st ex.s. c
171 § 9; 1961 c 284 § 7; 1909 c 192 § 8; RRS § 10011.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.070 Examination—Record. With the exception
of those applicants granted licensure through the provisions
of RCW 18.71.090 or 18.71.095, applicants for licensure
must successfully complete an examination administered by
the commission to determine their professional qualifications.
The commission shall prepare and give, or approve the preparation and giving of, an examination which shall cover
those general subjects and topics, a knowledge of which is
commonly and generally required of candidates for the
degree of doctor of medicine conferred by approved colleges
or schools of medicine in the United States. Notwithstanding any other provision of law, the commission has the sole
responsibility for determining the proficiency of applicants
under this chapter, and, in so doing, may waive any prerequisite to licensure not set forth in this chapter.
The commission may by rule establish the passing grade
for the examination.
Examination results shall be part of the records of the
commission and shall be permanently kept with the
applicant’s file. [1994 sp.s. c 9 § 311; 1985 c 322 § 3; 1975
1st ex.s. c 171 § 10; 1961 c 284 § 8; 1919 c 134 § 4; 1909
c 192 § 6; RRS § 10009.]
(2002 Ed.)
18.71.055
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.080 License renewal—Continuing education
requirement—Failure to renew, procedure. Every person
licensed to practice medicine in this state shall pay licensing
fees and renew his or her license in accordance with administrative procedures and administrative requirements adopted
as provided in RCW 43.70.250 and 43.70.280. The commission may establish rules governing mandatory continuing
education requirements which shall be met by physicians
applying for renewal of licenses. The rules shall provide
that mandatory continuing education requirements may be
met in part by physicians showing evidence of the completion of approved activities relating to professional liability
risk management. The commission, in its sole discretion,
may permit an applicant who has not renewed his or her
license to be licensed without examination if it is satisfied
that such applicant meets all the requirements for licensure
in this state, and is competent to engage in the practice of
medicine. [1996 c 191 § 52; 1994 sp.s. c 9 § 312. Prior:
1991 c 195 § 1; 1991 c 3 § 163; 1985 c 322 § 4; prior:
1979 c 158 §§ 53, 54, 55; 1975 1st ex.s. c 171 § 11; 1971
ex.s. c 266 § 12; 1955 c 202 § 36; prior: 1941 c 166 § 1,
part; 1913 c 82 § 1, part; 1909 c 192 § 7, part; Rem. Supp.
1941 § 10010-1, part.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.085 Inactive licenses—Renewal—Application
of disciplinary provisions. The commission may adopt
rules pursuant to this section authorizing an inactive license
status.
(1) An individual licensed pursuant to chapter 18.71
RCW may place his or her license on inactive status. The
holder of an inactive license shall not practice medicine and
surgery in this state without first activating the license.
(2) The administrative procedures, administrative
requirements, and fee for inactive renewal shall be established pursuant to RCW 43.70.250 and 43.70.280.
(3) An inactive license may be placed in an active status
upon compliance with rules established by the commission.
(4) Provisions relating to disciplinary action against a
person with a license shall be applicable to a person with an
inactive license, except that when disciplinary proceedings
against a person with an inactive license have been initiated,
the license shall remain inactive until the proceedings have
been completed. [1996 c 191 § 53; 1994 sp.s. c 9 § 313;
1991 c 44 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.090 License without examination—
Reciprocity—National board examinees—Fee. Any
applicant who meets the requirements of RCW 18.71.050
and has been licensed under the laws of another state,
territory, or possession of the United States, or of any
province of Canada, or an applicant who has satisfactorily
passed examinations given by the national board of medical
examiners may, in the discretion of the commission, be
granted a license without examination on the payment of the
fees required by this chapter: PROVIDED, That the
[Title 18 RCW—page 199]
18.71.090
Title 18 RCW: Businesses and Professions
applicant must file with the commission a copy of the
license certified by the proper authorities of the issuing state
to be a full, true copy thereof, and must show that the
standards, eligibility requirements, and examinations of that
state are at least equal in all respects to those of this state.
[1994 sp.s. c 9 § 314; 1985 c 322 § 5. Prior: 1975 1st ex.s.
c 171 § 12; 1975 1st ex.s. c 30 § 63; 1961 c 284 § 9; 1957
c 60 § 5; 1919 c 134 § 11; RRS § 10023.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.095 Limited licenses. The commission may,
without examination, issue a limited license to persons who
possess the qualifications set forth herein:
(1) The commission may, upon the written request of
the secretary of the department of social and health services
or the secretary of corrections, issue a limited license to
practice medicine in this state to persons who have been
accepted for employment by the department of social and
health services or the department of corrections as physicians; who are licensed to practice medicine in another state
of the United States or in the country of Canada or any
province or territory thereof; and who meet all of the
qualifications for licensure set forth in RCW 18.71.050.
Such license shall permit the holder thereof to practice
medicine only in connection with patients, residents, or
inmates of the state institutions under the control and
supervision of the secretary of the department of social and
health services or the department of corrections.
(2) The commission may issue a limited license to
practice medicine in this state to persons who have been
accepted for employment by a county or city health department as physicians; who are licensed to practice medicine in
another state of the United States or in the country of
Canada or any province or territory thereof; and who meet
all of the qualifications for licensure set forth in RCW
18.71.050.
Such license shall permit the holder thereof to practice
medicine only in connection with his or her duties in
employment with the city or county health department.
(3) Upon receipt of a completed application showing
that the applicant meets all of the requirements for licensure
set forth in RCW 18.71.050 except for completion of two
years of postgraduate medical training, and that the applicant
has been appointed as a resident physician in a program of
postgraduate clinical training in this state approved by the
commission, the commission may issue a limited license to
a resident physician. Such license shall permit the resident
physician to practice medicine only in connection with his or
her duties as a resident physician and shall not authorize the
physician to engage in any other form of practice. Each
resident physician shall practice medicine only under the
supervision and control of a physician licensed in this state,
but such supervision and control shall not be construed to
necessarily require the personal presence of the supervising
physician at the place where services are rendered.
(4)(a) Upon nomination by the dean of the school of
medicine at the University of Washington or the chief
executive officer of a hospital or other appropriate health
care facility licensed in the state of Washington, the commission may issue a limited license to a physician applicant
invited to serve as a teaching-research member of the
[Title 18 RCW—page 200]
institution’s instructional staff if the sponsoring institution
and the applicant give evidence that he or she has graduated
from a recognized medical school and has been licensed or
otherwise privileged to practice medicine at his or her
location of origin. Such license shall permit the recipient to
practice medicine only within the confines of the instructional program specified in the application and shall terminate
whenever the holder ceases to be involved in that program,
or at the end of one year, whichever is earlier. Upon request
of the applicant and the institutional authority, the license
may be renewed.
(b) Upon nomination by the dean of the school of
medicine of the University of Washington or the chief
executive officer of any hospital or appropriate health care
facility licensed in the state of Washington, the commission
may issue a limited license to an applicant selected by the
sponsoring institution to be enrolled in one of its designated
departmental or divisional fellowship programs provided that
the applicant shall have graduated from a recognized medical
school and has been granted a license or other appropriate
certificate to practice medicine in the location of the
applicant’s origin. Such license shall permit the holder only
to practice medicine within the confines of the fellowship
program to which he or she has been appointed and, upon
the request of the applicant and the sponsoring institution,
the license may be renewed by the commission for no more
than a total of two years.
All persons licensed under this section shall be subject
to the jurisdiction of the commission to the same extent as
other members of the medical profession, in accordance with
this chapter and chapter 18.130 RCW.
Persons applying for licensure and renewing licenses
pursuant to this section shall comply with administrative
procedures, administrative requirements, and fees determined
as provided in RCW 43.70.250 and 43.70.280. Any person
who obtains a limited license pursuant to this section may
apply for licensure under this chapter, but shall submit a new
application form and comply with all other licensing requirements of this chapter. [2001 c 114 § 1; 1996 c 191 § 54;
1994 sp.s. c 9 § 315; 1991 c 3 § 164; 1990 c 160 § 1; 1987
c 129 § 1. Prior: 1986 c 259 § 110; 1985 c 322 § 6; 1975
1st ex.s. c 171 § 13; 1973 1st ex.s. c 4 § 1; 1967 c 138 § 1;
1965 c 29 § 1; 1959 c 189 § 1.]
Effective date—2001 c 114: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 27, 2001]." [2001 c 114 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.100 Applicability of health regulations. All
persons granted licenses or certificates under this chapter,
shall be subject to the state and municipal regulations
relating to the control of contagious diseases, the reporting
and certifying to births and deaths, and all matters pertaining
to public health; and all such reports shall be accepted as
legal. [1909 c 192 § 18; RRS § 10022.]
Public health and safety: Title 70 RCW.
Vital statistics: Chapter 70.58 RCW.
(2002 Ed.)
Physicians
18.71.151 Physician members of committees to
evaluate credentials and qualifications of physicians—
Immunity from civil suit. See RCW 4.24.240.
18.71.161 Physicians filing charges or presenting
evidence before committees, boards, or hospitals—
Immunity from civil suit. See RCW 4.24.250, 4.24.260.
18.71.171 Records of medical society or hospital
committee or board not subject to civil process. See
RCW 4.24.250.
18.71.190 False personation—Penalty. Every person
filing for record, or attempting to file for record, the certificate issued to another, falsely claiming himself to be the
person named in such certificate, or falsely claiming himself
to be the person entitled to the same, shall be guilty of a
felony, and, upon conviction thereof, shall be subject to such
penalties as are provided by the laws of this state for the
crime of forgery. [1909 c 192 § 16; RRS § 10019.]
False personation: RCW 9A.60.040.
18.71.200 Emergency medical service personnel—
Definitions. As used in this chapter, a "physician’s trained
emergency medical service intermediate life support technician and paramedic" means a person who:
(1) Has successfully completed an emergency medical
technician course as described in chapter 18.73 RCW;
(2) Is trained under the supervision of an approved
medical program director according to training standards
prescribed in rule to perform specific phases of advanced
cardiac and trauma life support under written or oral authorization of an approved licensed physician; and
(3) Has been examined and certified as a physician’s
trained emergency medical service intermediate life support
technician and paramedic, by level, by the University of
Washington’s school of medicine or the department of
health. [1995 c 65 § 2; 1991 c 3 § 165; 1986 c 259 § 111;
1983 c 112 § 1; 1977 c 55 § 2; 1973 1st ex.s. c 52 § 1;
1971 ex.s. c 305 § 2.]
18.71.151
(2) Initial certification shall be for a period established
by the secretary pursuant to RCW 43.70.250 and 43.70.280.
(3) Recertification shall be granted upon proof of
continuing satisfactory performance and education, and shall
be for a period established by the secretary pursuant to RCW
43.70.250 and 43.70.280.
(4) As used in chapters 18.71 and 18.73 RCW, "approved medical program director" means a person who:
(a) Is licensed to practice medicine and surgery pursuant
to chapter 18.71 RCW or osteopathic medicine and surgery
pursuant to chapter 18.57 RCW; and
(b) Is qualified and knowledgeable in the administration
and management of emergency care and services; and
(c) Is so certified by the department of health for a
county, group of counties, or cities with populations over
four hundred thousand in coordination with the recommendations of the local medical community and local emergency
medical services and trauma care council.
(5) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs uncertified practice, the issuance and denial of
certificates, and the disciplining of certificate holders under
this section. The secretary shall be the disciplining authority
under this section. Disciplinary action shall be initiated
against a person credentialed under this chapter in a manner
consistent with the responsibilities and duties of the medical
program director under whom such person is responsible.
(6) Such activities of physician’s trained emergency
medical service intermediate life support technicians and
paramedics shall be limited to actions taken under the
express written or oral order of medical program directors
and shall not be construed at any time to include free
standing or nondirected actions, for actions not presenting an
emergency or life-threatening condition. [1996 c 191 § 55;
1996 c 178 § 6; 1995 c 65 § 3; 1994 sp.s. c 9 § 316; 1992
c 128 § 1; 1990 c 269 § 18; 1986 c 68 § 1; 1983 c 112 § 2;
1977 c 55 § 3.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective date—1973 1st ex.s. c 52: See note following RCW
43.22.010.
Reviser’s note: This section was amended by 1996 c 178 § 6 and by
1996 c 191 § 55, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1990 c 269: See RCW 70.168.901.
18.71.205 Emergency medical service personnel—
Certification. (1) The secretary of the department of health,
in conjunction with the advice and assistance of the emergency medical services licensing and certification advisory
committee as prescribed in RCW 18.73.050, and the commission, shall prescribe:
(a) Practice parameters, training standards for, and levels
of, physician trained emergency medical service intermediate
life support technicians and paramedics;
(b) Minimum standards and performance requirements
for the certification and recertification of physician’s trained
emergency medical service intermediate life support technicians and paramedics; and
(c) Procedures for certification, recertification, and
decertification of physician’s trained emergency medical
service intermediate life support technicians and paramedics.
18.71.210 Emergency medical service personnel—
Liability. No act or omission of any physician’s trained
emergency medical service intermediate life support technician and paramedic, as defined in RCW 18.71.200, or any
emergency medical technician or first responder, as defined
in RCW 18.73.030, done or omitted in good faith while
rendering emergency medical service under the responsible
supervision and control of a licensed physician or an
approved medical program director or delegate(s) to a person
who has suffered illness or bodily injury shall impose any
liability upon:
(1) The physician’s trained emergency medical service
intermediate life support technician and paramedic, emergency medical technician, or first responder;
(2) The medical program director;
(3) The supervising physician(s);
(2002 Ed.)
[Title 18 RCW—page 201]
18.71.210
Title 18 RCW: Businesses and Professions
(4) Any hospital, the officers, members of the staff,
nurses, or other employees of a hospital;
(5) Any training agency or training physician(s);
(6) Any licensed ambulance service; or
(7) Any federal, state, county, city or other local
governmental unit or employees of such a governmental unit.
This section shall apply to an act or omission committed
or omitted in the performance of the actual emergency
medical procedures and not in the commission or omission
of an act which is not within the field of medical expertise
of the physician’s trained emergency medical service
intermediate life support technician and paramedic, emergency medical technician, or first responder, as the case may be.
This section shall apply also, as to the entities and
personnel described in subsections (1) through (7) of this
section, to any act or omission committed or omitted in good
faith by such entities or personnel in rendering services at
the request of an approved medical program director in the
training of emergency medical service personnel for certification or recertification pursuant to this chapter.
This section shall not apply to any act or omission
which constitutes either gross negligence or willful or
wanton misconduct. [1997 c 275 § 1; 1997 c 245 § 1.
Prior: 1995 c 103 § 1; 1995 c 65 § 4; 1989 c 260 § 4; 1987
c 212 § 502; 1986 c 68 § 4; 1983 c 112 § 3; 1977 c 55 § 4;
1971 ex.s. c 305 § 3.]
Effective date—1995 c 103: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 19, 1995]." [1995 c 103 § 3.]
18.71.212 Medical program directors—Certification.
The secretary of the department of health, in conjunction
with the state emergency medical services and trauma care
committee, shall evaluate, certify and terminate certification
of medical program directors, and prescribe minimum
standards defining duties and responsibilities and performance of duties and responsibilities. [1990 c 269 § 19; 1986
c 68 § 2.]
Severability—1990 c 269: See RCW 70.168.901.
18.71.213
Medical program directors—
Termination—Temporary delegation of authority. If a
medical program director terminates certification, that
medical program director’s authority may be delegated by
the department to any other licensed physician for a period
of thirty days, or until a new medical program director is
certified, whichever comes first. [1986 c 68 § 3.]
18.71.215 Medical program directors—Liability for
acts or omissions of others. The department of health shall
defend and hold harmless approved medical program
directors, delegates, or agents, including but not limited to
hospitals and hospital personnel in their capacity of training
emergency service medical personnel for certification or
recertification pursuant to this chapter at the request of such
directors, for any act or omission committed or omitted in
good faith in the performance of their duties. [1995 c 103
§ 2; 1990 c 269 § 20; 1986 c 68 § 5; 1983 c 112 § 4.]
Effective date—1995 c 103: See note following RCW 18.71.210.
Severability—1990 c 269: See RCW 70.168.901.
[Title 18 RCW—page 202]
18.71.220 Rendering emergency care—Immunity of
physician or hospital from civil liability. No physician or
hospital licensed in this state shall be subject to civil
liability, based solely upon failure to obtain consent in rendering emergency medical, surgical, hospital, or health
services to any individual regardless of age where its patient
is unable to give his consent for any reason and there is no
other person reasonably available who is legally authorized
to consent to the providing of such care: PROVIDED, That
such physician or hospital has acted in good faith and
without knowledge of facts negating consent. [1971 ex.s. c
305 § 4.]
Persons rendering emergency care, immunity from liability—Exclusion:
RCW 4.24.300.
18.71.230 Disciplinary action against persons
exempt from licensure. A right to practice medicine and
surgery by an individual in this state pursuant to RCW
18.71.030 (5) through (12) shall be subject to discipline by
order of the commission upon a finding by the commission
of an act of unprofessional conduct as defined in RCW
18.130.180 or that the individual is unable to practice with
reasonable skill or safety due to a mental or physical
condition as described in RCW 18.130.170. Such physician
shall have the same rights of notice, hearing, and judicial
review as provided licensed physicians generally under this
chapter and chapter 18.130 RCW. [1994 sp.s. c 9 § 317;
1986 c 259 § 112; 1979 c 158 § 57; 1973 1st ex.s. c 110 §
2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71.240 Abortion—Right to medical treatment of
infant born alive. The right of medical treatment of an
infant born alive in the course of an abortion procedure shall
be the same as the right of an infant born prematurely of
equal gestational age. [1981 c 328 § 1.]
18.71.300 Impaired physician program—
Definitions. The definitions in this section apply throughout
RCW 18.71.310 through 18.71.340 unless the context clearly
requires otherwise.
(1) "Entity" means a nonprofit corporation formed by
physicians who have expertise in the areas of alcohol abuse,
drug abuse, alcoholism, other drug addictions, and mental
illness and who broadly represent the physicians of the state
and that has been designated to perform any or all of the
activities set forth in RCW 18.71.310(1) by the commission.
(2) "Impaired" or "impairment" means the inability to
practice medicine with reasonable skill and safety to patients
by reason of physical or mental illness including alcohol
abuse, drug abuse, alcoholism, other drug addictions, or
other debilitating conditions.
(3) "Impaired physician program" means the program
for the prevention, detection, intervention, monitoring, and
treatment of impaired physicians established by the commission pursuant to RCW 18.71.310(1).
(4) "Physician" or "practitioner" means a person licensed
under this chapter, chapter 18.71A RCW, or a professional
(2002 Ed.)
Physicians
18.71.300
licensed under another chapter of Title 18 RCW whose
disciplining authority has a contract with the entity for an
impaired practitioner program for its license holders.
(5) "Treatment program" means a plan of care and
rehabilitation services provided by those organizations or
persons authorized to provide such services to be approved
by the commission or entity for impaired physicians taking
part in the impaired physician program created by RCW
18.71.310. [1998 c 132 § 3; 1994 sp.s. c 9 § 329; 1989 c
119 § 1; 1987 c 416 § 1. Formerly RCW 18.72.301.]
18.71.315 Impaired physician account—Created.
The impaired physician account is created in the custody of
the state treasurer. All receipts from RCW 18.71.310 from
license surcharges on physicians and physician assistants
shall be deposited into the account. Expenditures from the
account may only be used for the impaired physician
program under this chapter. Only the secretary of health or
the secretary’s designee may authorize expenditures from the
account. No appropriation is required for expenditures from
this account. [1998 c 132 § 12.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 416 § 10.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
18.71.310 Impaired physician program—License
surcharge. (1) The commission shall enter into a contract
with the entity to implement an impaired physician program.
The commission may enter into a contract with the entity for
up to six years in length. The impaired physician program
may include any or all of the following:
(a) Entering into relationships supportive of the impaired
physician program with professionals who provide either
evaluation or treatment services, or both;
(b) Receiving and assessing reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment, or in
cases where there is reasonable cause to suspect impairment;
(d) Upon reasonable cause, referring suspected or
verified impaired physicians for evaluation or treatment;
(e) Monitoring the treatment and rehabilitation of
impaired physicians including those ordered by the commission;
(f) Providing monitoring and continuing treatment and
rehabilitative support of physicians;
(g) Performing such other activities as agreed upon by
the commission and the entity; and
(h) Providing prevention and education services.
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of not less than
twenty-five and not more than thirty-five dollars per year on
each license renewal or issuance of a new license to be
collected by the department of health from every physician
and surgeon licensed under this chapter in addition to other
license fees. These moneys shall be placed in the impaired
physician account to be used solely for the implementation
of the impaired physician program. [2001 c 109 § 1; 1998
c 132 § 4; 1997 c 79 § 2; 1994 sp.s. c 9 § 330; 1991 c 3 §
169; 1989 c 119 § 2; 1987 c 416 § 2. Formerly RCW
18.72.306.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Effective date—1997 c 79: See note following RCW 18.71.401.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.72.301.
(2002 Ed.)
18.71.320 Impaired physician program—
Procedures. The entity shall develop procedures in consultation with the commission for:
(1) Periodic reporting of statistical information regarding
impaired physician activity;
(2) Periodic disclosure and joint review of such information as the commission may deem appropriate regarding
reports received, contacts or investigations made, and the
disposition of each report. However, the entity shall not disclose any personally identifiable information except as
provided in subsections (3) and (4) of this section;
(3) Immediate reporting to the commission of the name
and results of any contact or investigation regarding any
suspected or verified impaired physician who is reasonably
believed probably to constitute an imminent danger to
himself or herself or to the public;
(4) Reporting to the commission, in a timely fashion,
any suspected or verified impaired physician who fails to
cooperate with the entity, fails to submit to evaluation or
treatment, or whose impairment is not substantially alleviated
through treatment, or who, in the opinion of the entity, is
probably unable to practice medicine with reasonable skill
and safety;
(5) Informing each participant of the impaired physician
program of the program procedures, the responsibilities of
program participants, and the possible consequences of
noncompliance with the program. [1998 c 132 § 5; 1994
sp.s. c 9 § 331; 1987 c 416 § 3. Formerly RCW 18.72.311.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
18.71.330 Impaired physician program—Evaluation
of physician. If the commission has reasonable cause to
believe that a physician is impaired, the commission shall
cause an evaluation of such physician to be conducted by the
entity or the entity’s designee or the commission’s designee
for the purpose of determining if there is an impairment.
The entity or appropriate designee shall report the findings
of its evaluation to the commission. [1998 c 132 § 6; 1994
sp.s. c 9 § 332; 1987 c 416 § 4. Formerly RCW 18.72.316.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1987 c 416: See note following RCW 18.71.300.
[Title 18 RCW—page 203]
18.71.340
Title 18 RCW: Businesses and Professions
18.71.340 Impaired physician program—Entity
records protected. All entity records are not subject to
disclosure pursuant to chapter 42.17 RCW. [1998 c 132 §
7; 1987 c 416 § 6. Formerly RCW 18.72.321.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Effective date—1987 c 416: See note following RCW 18.71.300.
18.71.350 Report of malpractice payments by
insurers. (1) Every institution or organization providing
professional liability insurance to physicians shall send a
complete report to the commission of all malpractice
settlements, awards, or payments in excess of twenty
thousand dollars as a result of a claim or action for damages
alleged to have been caused by an insured physician’s
incompetency or negligence in the practice of medicine.
Such institution or organization shall also report the award,
settlement, or payment of three or more claims during a fiveyear time period as the result of the alleged physician’s
incompetence or negligence in the practice of medicine
regardless of the dollar amount of the award or payment.
(2) Reports required by this section shall be made
within sixty days of the date of the settlement or verdict.
Failure to comply with this section is punishable by a civil
penalty not to exceed two hundred fifty dollars. [1994 sp.s.
c 9 § 333; 1993 c 367 § 17; 1986 c 300 § 6. Formerly
RCW 18.72.340.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Legislative findings—Severability—1986 c 300: See notes following
RCW 18.57.174.
18.71.360 Driving records. To assist in identifying
impairment related to alcohol abuse, the commission may
obtain a copy of the driving record of a physician or a
physician assistant maintained by the department of licensing. [1994 sp.s. c 9 § 334; 1991 c 215 § 2. Formerly RCW
18.72.345.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71.420 Allocation of all appropriated funds. The
secretary of health shall allocate all appropriated funds to
accomplish the purposes of this chapter. [1991 c 3 § 171;
1983 c 71 § 3. Formerly RCW 18.72.400.]
18.71.910 Repeal—1909 c 192. All acts, or parts of
acts, in any wise conflicting with the provisions of this act,
are hereby repealed. [1909 c 192 § 22.]
18.71.920 Repeal—1957 c 60. All acts and parts of
acts to the extent that the same are in conflict herewith are
hereby repealed. [1957 c 60 § 6.]
18.71.930 Severability—1957 c 60. If any section,
sentence, clause, or phrase of this act should be held to be
invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this act.
[1957 c 60 § 7.]
18.71.940 Severability—1961 c 284. If any section,
sentence, clause, or phrase of this act should be held to be
invalid or unconstitutional, the invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of
any other section, sentence, clause or phrase of this act.
[1961 c 284 § 13.]
18.71.941 Severability—1975 1st ex.s. c 171. If any
section, sentence, clause, or phrase of this 1975 amendatory
act should be held to be invalid or unconstitutional, the
invalidity or unconstitutionality thereof shall not affect the
validity or constitutionality of any other section, sentence,
clause or phrase of this 1975 amendatory act. [1975 1st
ex.s. c 171 § 19.]
Chapter 18.71A
PHYSICIAN ASSISTANTS
18.71.401 Funds collected—Where deposited. All
assessments, fines, and other funds collected or received
under this chapter must be deposited in the health professions account and used solely to administer and implement
this chapter. [1997 c 79 § 1.]
Sections
18.71A.005 Regulation of health care professions—Criteria.
18.71A.010 Definitions.
18.71A.020 Rules fixing qualifications and restricting practice—
Applications—Discipline.
18.71A.025 Application of uniform disciplinary act.
18.71A.030 Limitations on practice.
18.71A.040 Commission approval required—Application—Fee—
Discipline.
18.71A.045 Eligibility of foreign medical school graduates.
18.71A.050 Physician’s liability, responsibility.
18.71A.060 Limitations on health care services.
18.71A.085 Acupuncture.
Reviser’s note: Certain powers and duties of the department of
licensing and the director of licensing transferred to the department of health
and the secretary of health. See RCW 43.70.220.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Effective date—1997 c 79: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 79 § 6.]
18.71A.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.71.370 Joint practice arrangements. The commission is directed to jointly adopt by consensus, with the
board of osteopathic medicine and surgery and the Washington state nursing care quality assurance commission, a
process and criteria that implements the joint practice
arrangements authorized under RCW 18.79.240(1)(s). [2000
c 64 § 5.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.71A.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
[Title 18 RCW—page 204]
(2002 Ed.)
Physician Assistants
(1) "Physician assistant" means a person who is licensed
by the commission to practice medicine to a limited extent
only under the supervision of a physician as defined in
chapter 18.71 RCW and who is academically and clinically
prepared to provide health care services and perform
diagnostic, therapeutic, preventative, and health maintenance
services.
(2) "Commission" means the medical quality assurance
commission.
(3) "Practice medicine" has the meaning defined in
RCW 18.71.011.
(4) "Secretary" means the secretary of health or the
secretary’s designee.
(5) "Department" means the department of health.
[1994 sp.s. c 9 § 318; 1990 c 196 § 1; 1988 c 113 § 1; 1975
1st ex.s. c 190 § 1; 1971 ex.s. c 30 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1971 ex.s. c 30: "If any provision of this 1971 act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1971 ex.s. c 30 § 13.]
Medical quality assurance commission: Chapter 18.71 RCW.
18.71A.020 Rules fixing qualifications and restricting practice—Applications—Discipline. (1) The commission shall adopt rules fixing the qualifications and the
educational and training requirements for licensure as a physician assistant or for those enrolled in any physician
assistant training program. The requirements shall include
completion of an accredited physician assistant training
program approved by the commission and within one year
successfully take and pass an examination approved by the
commission, if the examination tests subjects substantially
equivalent to the curriculum of an accredited physician
assistant training program. An interim permit may be
granted by the department of health for one year provided
the applicant meets all other requirements. Physician
assistants licensed by the board of medical examiners, or the
medical quality assurance commission as of July 1, 1999,
shall continue to be licensed.
(2)(a) The commission shall adopt rules governing the
extent to which:
(i) Physician assistant students may practice medicine
during training; and
(ii) Physician assistants may practice after successful
completion of a physician assistant training course.
(b) Such rules shall provide:
(i) That the practice of a physician assistant shall be
limited to the performance of those services for which he or
she is trained; and
(ii) That each physician assistant shall practice medicine
only under the supervision and control of a physician
licensed in this state, but such supervision and control shall
not be construed to necessarily require the personal presence
of the supervising physician or physicians at the place where
services are rendered.
(3) Applicants for licensure shall file an application with
the commission on a form prepared by the secretary with the
approval of the commission, detailing the education, training,
and experience of the physician assistant and such other
information as the commission may require. The application
(2002 Ed.)
18.71A.010
shall be accompanied by a fee determined by the secretary
as provided in RCW 43.70.250 and 43.70.280. A surcharge
of twenty-five dollars per year shall be charged on each license renewal or issuance of a new license to be collected
by the department and deposited into the impaired physician
account for physician assistant participation in the impaired
physician program. Each applicant shall furnish proof
satisfactory to the commission of the following:
(a) That the applicant has completed an accredited
physician assistant program approved by the commission and
is eligible to take the examination approved by the commission;
(b) That the applicant is of good moral character; and
(c) That the applicant is physically and mentally capable
of practicing medicine as a physician assistant with reasonable skill and safety. The commission may require an
applicant to submit to such examination or examinations as
it deems necessary to determine an applicant’s physical or
mental capability, or both, to safely practice as a physician
assistant.
(4) The commission may approve, deny, or take other
disciplinary action upon the application for license as
provided in the Uniform Disciplinary Act, chapter 18.130
RCW. The license shall be renewed as determined under
RCW 43.70.250 and 43.70.280. The commission may
authorize the use of alternative supervisors who are licensed
either under chapter 18.57 or 18.71 RCW. [1999 c 127 § 1;
1998 c 132 § 14; 1996 c 191 § 57; 1994 sp.s. c 9 § 319;
1993 c 28 § 5; 1992 c 28 § 2; 1990 c 196 § 2; 1971 ex.s. c
30 § 2.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.025 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of licenses and the discipline of
licensees under this chapter. [1986 c 259 § 106.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.71A.030 Limitations on practice. A physician
assistant may practice medicine in this state only with the
approval of the practice arrangement plan by the commission
and only to the extent permitted by the commission. A
physician assistant who has received a license but who has
not received commission approval of the practice arrangement plan under RCW 18.71A.040 may not practice. A
physician assistant shall be subject to discipline under
chapter 18.130 RCW. [1994 sp.s. c 9 § 320; 1993 c 28 § 6;
1990 c 196 § 3; 1971 ex.s. c 30 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.040 Commission approval required—
Application—Fee—Discipline. (1) No physician assistant
practicing in this state shall be employed or supervised by a
physician or physician group without the approval of the
commission.
(2) Prior to commencing practice, a physician assistant
licensed in this state shall apply to the commission for
[Title 18 RCW—page 205]
18.71A.040
Title 18 RCW: Businesses and Professions
permission to be employed or supervised by a physician or
physician group. The practice arrangement plan shall be
jointly submitted by the physician or physician group and
physician assistant. Administrative procedures, administrative requirements, and fees shall be established as provided
in RCW 43.70.250 and 43.70.280. The practice arrangement
plan shall delineate the manner and extent to which the
physician assistant would practice and be supervised.
Whenever a physician assistant is practicing in a manner
inconsistent with the approved practice arrangement plan, the
commission may take disciplinary action under chapter
18.130 RCW. [1996 c 191 § 58; 1996 c 191 § 40; 1994
sp.s. c 9 § 321; 1993 c 28 § 7; 1990 c 196 § 4. Prior: 1986
c 259 § 113; 1985 c 7 § 61; 1975 1st ex.s. c 30 § 64; 1975
1st ex.s. c 190 § 2; 1971 ex.s. c 30 § 4.]
Reviser’s note: This section was amended by 1996 c 191 § 40 and
by 1996 c 191 § 58, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71A.045 Eligibility of foreign medical school
graduates. Foreign medical school graduates shall not be
eligible for licensing as physician assistants after July 1,
1989. [1994 sp.s. c 9 § 322; 1988 c 113 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.050 Physician’s liability, responsibility. No
physician who supervises a licensed physician assistant in
accordance with and within the terms of any permission
granted by the commission is considered as aiding and
abetting an unlicensed person to practice medicine. The
supervising physician and physician assistant shall retain
professional and personal responsibility for any act which
constitutes the practice of medicine as defined in RCW
18.71.011 when performed by the physician assistant. [1994
sp.s. c 9 § 323; 1993 c 28 § 8; 1990 c 196 § 5; 1986 c 259
§ 114; 1971 ex.s. c 30 § 5.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1986 c 259: See note following RCW 18.130.010.
18.71A.060 Limitations on health care services. No
health care services may be performed under this chapter in
any of the following areas:
(1) The measurement of the powers or range of human
vision, or the determination of the accommodation and
refractive state of the human eye or the scope of its functions in general, or the fitting or adaptation of lenses or
frames for the aid thereof.
(2) The prescribing or directing the use of, or using, any
optical device in connection with ocular exercises, visual
training, vision training, or orthoptics.
(3) The prescribing of contact lenses for, or the fitting
or adaptation of contact lenses to, the human eye.
(4) Nothing in this section shall preclude the performance of routine visual screening.
(5) The practice of dentistry or dental hygiene as
defined in chapters 18.32 and 18.29 RCW respectively. The
[Title 18 RCW—page 206]
exemptions set forth in RCW 18.32.030 (1) and (8), shall not
apply to a physician assistant.
(6) The practice of chiropractic as defined in chapter
18.25 RCW including the adjustment or manipulation of the
articulations of the spine.
(7) The practice of podiatric medicine and surgery as
defined in chapter 18.22 RCW. [1994 sp.s. c 9 § 324; 1990
c 196 § 6; 1973 c 77 § 21; 1971 ex.s. c 30 § 6.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.71A.085 Acupuncture. Any physician assistant
acupuncturist currently licensed by the commission may
continue to perform acupuncture under the physician assistant license as long as he or she maintains licensure as a
physician assistant. [1994 sp.s. c 9 § 325; 1990 c 196 § 10.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Chapter 18.73
EMERGENCY MEDICAL CARE AND
TRANSPORTATION SERVICES
Sections
18.73.005
18.73.010
18.73.020
18.73.030
18.73.040
Regulation of health care professions—Criteria.
Legislative finding.
Supersession of local regulation.
Definitions.
Emergency medical services licensing and certification advisory committee.
18.73.050 Committee—Duties—Review of rules.
18.73.081 Duties of secretary—Minimum requirements to be prescribed.
18.73.101 Variance from requirements.
18.73.120 Certificate of advanced first aid qualification.
18.73.130 Ambulance services and aid services—Licensing.
18.73.140 Ambulance and aid vehicles—Licenses.
18.73.145 Ambulance and aid vehicles—Self-inspection program.
18.73.150 Ambulance personnel requirements.
18.73.170 Aid vehicles—Personnel—Use.
18.73.180 Other transportation vehicles.
18.73.190 Violations—Penalties.
18.73.200 Administrative procedure act applicable.
18.73.240 Application of uniform disciplinary act.
18.73.250 Epinephrine—Availability—Administration.
18.73.900 Severability—1973 1st ex.s. c 208.
18.73.901 Severability—1987 c 214.
18.73.910 Effective dates—1973 1st ex.s. c 208.
AIDS education and training: Chapter 70.24 RCW.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Natural death act and futile treatment: RCW 43.70.480.
Poison information centers: Chapter 18.76 RCW.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
Violation of chapter 69.50 RCW, the Uniform Controlled Substances Act—
Suspension of license: RCW 69.50.413.
18.73.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.73.010 Legislative finding. The legislature finds
that a statewide program of emergency medical care is
necessary to promote the health, safety, and welfare of the
citizens of this state. The intent of the legislature is to
(2002 Ed.)
Emergency Medical Care and Transportation Services
assure minimum standards and training for first responders
and emergency medical technicians, and minimum standards
for ambulance services, ambulances, aid vehicles, aid
services, and emergency medical equipment. [1990 c 269 §
22; 1988 c 104 § 2; 1987 c 214 § 1; 1973 1st ex.s. c 208 §
1.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.020 Supersession of local regulation. The
legislature further declares its intention to supersede all
ordinances, regulations, and requirements promulgated by
counties, cities and other political subdivisions of the state of
Washington, insofar as they may provide for the regulation
of emergency medical care, first aid, and ambulance services
which do not exceed the provisions of this chapter; except
that (1) license fees established in this chapter shall supersede all license fees of counties, cities and other political
subdivisions of this state; and, (2) nothing in this chapter
shall alter the provisions of RCW 18.71.200, 18.71.210, and
18.71.220. [1986 c 259 § 118; 1973 1st ex.s. c 208 § 2.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.73.030 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as used in this chapter shall have the meanings
indicated.
(1) "Secretary" means the secretary of the department of
health.
(2) "Department" means the department of health.
(3) "Committee" means the emergency medical services
licensing and certification advisory committee.
(4) "Ambulance" means a ground or air vehicle designed and used to transport the ill and injured and to
provide personnel, facilities, and equipment to treat patients
before and during transportation.
(5) "Aid vehicle" means a vehicle used to carry aid
equipment and individuals trained in first aid or emergency
medical procedure.
(6) "Emergency medical technician" means a person
who is authorized by the secretary to render emergency
medical care pursuant to RCW 18.73.081.
(7) "Ambulance service" means an organization that
operates one or more ambulances.
(8) "Aid service" means an organization that operates
one or more aid vehicles.
(9) "Emergency medical service" means medical
treatment and care which may be rendered at the scene of
any medical emergency or while transporting any patient in
an ambulance to an appropriate medical facility, including
ambulance transportation between medical facilities.
(10) "Communications system" means a radio and
landline network which provides rapid public access,
coordinated central dispatching of services, and coordination
of personnel, equipment, and facilities in an emergency
medical services and trauma care system.
(11) "Prehospital patient care protocols" means the
written procedure adopted by the emergency medical
services medical program director which direct the out-ofhospital emergency care of the emergency patient which
includes the trauma care patient. These procedures shall be
based upon the assessment of the patient’s medical needs
(2002 Ed.)
18.73.010
and what treatment will be provided for emergency conditions. The protocols shall meet or exceed statewide minimum standards developed by the department in rule as
authorized in chapter 70.168 RCW.
(12) "Patient care procedures" means written operating
guidelines adopted by the regional emergency medical
services and trauma care council, in consultation with the
local emergency medical services and trauma care councils,
emergency communication centers, and the emergency
medical services medical program director, in accordance
with statewide minimum standards. The patient care
procedures shall identify the level of medical care personnel
to be dispatched to an emergency scene, procedures for
triage of patients, the level of trauma care facility to first receive the patient, and the name and location of other trauma
care facilities to receive the patient should an interfacility
transfer be necessary. Procedures on interfacility transfer of
patients shall be consistent with the transfer procedures in
chapter 70.170 RCW.
(13) "Emergency medical services medical program
director" means a person who is an approved medical
program director as defined by RCW 18.71.205(4).
(14) "Council" means the local or regional emergency
medical services and trauma care council as authorized under
chapter 70.168 RCW.
(15) "Basic life support" means noninvasive emergency
medical services requiring basic medical treatment skills as
defined in chapter 18.73 RCW.
(16) "Advanced life support" means invasive emergency
medical services requiring advanced medical treatment skills
as defined by chapter 18.71 RCW.
(17) "First responder" means a person who is authorized
by the secretary to render emergency medical care as defined
by RCW 18.73.081. [2000 c 93 § 16; 1990 c 269 § 23;
1988 c 104 § 3; 1987 c 214 § 2; 1983 c 112 § 5; 1979 ex.s.
c 261 § 1; 1973 1st ex.s. c 208 § 3.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.040 Emergency medical services licensing and
certification advisory committee. There is created an
emergency medical services licensing and certification
advisory committee of eleven members to be appointed by
the department. Members of the committee shall be composed of a balance of physicians, one of whom is an emergency medical services medical program director, and
individuals regulated under RCW 18.71.205 and 18.73.081,
an administrator from a city or county emergency medical
services system, a member of the emergency medical
services and trauma care steering committee, and one
consumer. All members except the consumer shall be
knowledgeable in specific and general aspects of emergency
medical services. Members shall be appointed for a period
of three years. The terms of those members representing the
same field shall not expire at the same time.
The committee shall elect a chairman and a vice
chairman whose terms of office shall be for one year each.
The chairman shall be ineligible for reelection after serving
four consecutive terms.
The committee shall meet on call by the secretary or the
chairman.
[Title 18 RCW—page 207]
18.73.040
Title 18 RCW: Businesses and Professions
All appointive members of the committee, in the
performance of their duties, may be entitled to receive travel
expenses as provided in RCW 43.03.050 and 43.03.060 as
now existing or hereafter amended. [1990 c 269 § 6; 1984
c 279 § 55; 1981 c 338 § 13; 1979 ex.s. c 261 § 2; 1975-’76
2nd ex.s. c 34 § 43; 1973 1st ex.s. c 208 § 4.]
Severability—1990 c 269: See RCW 70.168.901.
Severability—1984 c 279: See RCW 18.130.901.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.73.050 Committee—Duties—Review of rules.
The emergency medical services licensing and certification
advisory committee shall:
(1) Review all administrative rules pertaining to licensing and certification of emergency medical services proposed
for adoption by the department under this chapter or under
RCW 18.71.205 and advise the department of its recommendations.
(2) Assist the department, at the department’s request,
to fulfill any duty or exercise any power under this chapter
pertaining to emergency medical services licensing and
certification. [1990 c 269 § 7; 1987 c 214 § 3; 1979 ex.s.
c 261 § 3; 1973 1st ex.s. c 208 § 5.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.081 Duties of secretary—Minimum requirements to be prescribed. In addition to other duties prescribed by law, the secretary shall:
(1) Prescribe minimum requirements for:
(a) Ambulance, air ambulance, and aid vehicles and
equipment;
(b) Ambulance and aid services; and
(c) Minimum emergency communication equipment;
(2) Adopt procedures for services that fail to perform in
accordance with minimum requirements;
(3) Prescribe minimum standards for first responder and
emergency medical technician training including:
(a) Adoption of curriculum and period of certification;
(b) Procedures for certification, recertification, decertification, or modification of certificates;
(c) Adoption of requirements for ongoing training and
evaluation, as approved by the county medical program
director, to include appropriate evaluation for individual
knowledge and skills. The first responder, emergency
medical technician, or emergency medical services provider
agency may elect a program of continuing education and a
written and practical examination instead of meeting the
ongoing training and evaluation requirements;
(d) Procedures for reciprocity with other states or
national certifying agencies;
(e) Review and approval or disapproval of training
programs; and
(f) Adoption of standards for numbers and qualifications
of instructional personnel required for first responder and
emergency medical technician training programs;
(4) Prescribe minimum requirements for liability
insurance to be carried by licensed services except that this
requirement shall not apply to public bodies; and
[Title 18 RCW—page 208]
(5) Certify emergency medical program directors. [1993
c 254 § 1; 1990 c 269 § 24; 1988 c 111 § 1; 1987 c 214 §
7.]
Severability—1990 c 269: See RCW 70.168.901.
18.73.101 Variance from requirements. The
secretary may grant a variance from a provision of this
chapter and RCW 18.71.200 through 18.71.220 if no
detriment to health and safety would result from the variance
and compliance is expected to cause reduction or loss of
existing emergency medical services. Variances may be
granted for a period of no more than one year. A variance
may be renewed by the secretary upon approval of the
committee. [2000 c 93 § 17; 1987 c 214 § 9.]
18.73.120 Certificate of advanced first aid qualification. The secretary shall recognize a current certificate of
advanced first aid qualification for those who provide proof
of advanced Red Cross training or its equivalent. [1979
ex.s. c 261 § 12; 1973 1st ex.s. c 208 § 12.]
18.73.130 Ambulance services and aid services—
Licensing. An ambulance service or aid service may not
operate in the state of Washington without holding a license
for such operation, issued by the secretary when such
operation is consistent with the statewide and regional
emergency medical services and trauma care plans established pursuant to chapter 70.168 RCW, indicating the
general area to be served and the number of vehicles to be
used, with the following exceptions:
(1) The United States government;
(2) Ambulance services providing service in other states
when bringing patients into this state;
(3) Owners of businesses in which ambulance or aid
vehicles are used exclusively on company property but
occasionally in emergencies may transport patients to
hospitals not on company property; and
(4) Operators of vehicles pressed into service for
transportation of patients in emergencies when licensed
ambulances are not available or cannot meet overwhelming
demand.
The license shall be valid for a period of two years and
shall be renewed on request provided the holder has consistently complied with the regulations of the department and
the department of licensing and provided also that the needs
of the area served have been met satisfactorily. The license
shall not be transferable and may be revoked if the service
is found in violation of rules adopted by the department.
[2000 c 93 § 18; 1992 c 128 § 2; 1990 c 269 § 25; 1987 c
214 § 10; 1979 ex.s. c 261 § 13; 1979 c 158 § 61; 1973 1st
ex.s. c 208 § 13.]
Severability—1990 c 269: See RCW 70.168.901.
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.140 Ambulance and aid vehicles—Licenses.
The secretary shall issue an ambulance or aid vehicle license
for each vehicle so designated. The license shall be for a
period of two years and may be reissued on expiration if the
vehicle and its equipment meet requirements in force at the
time of expiration of the license period. The license may be
revoked if the ambulance or aid vehicle is found to be
(2002 Ed.)
Emergency Medical Care and Transportation Services
operating in violation of the regulations promulgated by the
department or without required equipment. The license shall
be terminated automatically if the vehicle is sold or transferred to the control of any organization not currently
licensed as an ambulance or aid vehicle service. The license
number shall be prominently displayed on each vehicle.
[2000 c 93 § 19; 1992 c 128 § 3; 1987 c 214 § 11; 1979
ex.s. c 261 § 14; 1973 1st ex.s. c 208 § 14.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.145 Ambulance and aid vehicles—Selfinspection program. The secretary shall adopt a selfinspection program to assure compliance with minimum
standards for vehicles and for medical equipment and
personnel on all licensed vehicles. The self-inspection shall
coincide with the vehicle licensing cycle and shall be
recorded on forms provided by the department. The department may perform an on-site inspection of any licensed
service or vehicles as needed. [1987 c 214 § 13.]
18.73.150 Ambulance personnel requirements. Any
ambulance operated as such shall operate with sufficient
personnel for adequate patient care, at least one of whom
shall be an emergency medical technician under standards
promulgated by the secretary. The emergency medical
technician shall have responsibility for its operation and for
the care of patients both before they are placed aboard the
vehicle and during transit. If there are two or more emergency medical technicians operating the ambulance, a
nondriving medical technician shall be in command of the
vehicle. The emergency medical technician in command of
the vehicle shall be in the patient compartment and in
attendance to the patient.
The driver of the ambulance shall have at least a
certificate of advance first aid qualification recognized by the
secretary pursuant to RCW 18.73.120 unless there are at
least two certified emergency medical technicians in attendance of the patient, in which case the driver shall not be
required to have such certificate. [1992 c 128 § 4; 1979
ex.s. c 261 § 15; 1973 1st ex.s. c 208 § 15.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.170 Aid vehicles—Personnel—Use. The aid
vehicle shall be operated in accordance with standards
promulgated by the secretary, by at least one person holding
a certificate recognized under RCW 18.73.120.
The aid vehicle may be used for transportation of
patients only when it is impossible or impractical to obtain
an ambulance or when a wait for arrival of an ambulance
would place the life of the patient in jeopardy. If so used,
the vehicle shall be under the command of a person holding
a certificate recognized pursuant to RCW 18.73.081 other
than the driver. [1987 c 214 § 12; 1979 ex.s. c 261 § 17;
1973 1st ex.s. c 208 § 17.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.180 Other transportation vehicles. Other
vehicles not herein defined by this chapter shall not be used
for transportation of patients who must be carried on a
stretcher or who may require medical attention en route,
except that such transportation may be used when a disaster
(2002 Ed.)
18.73.140
creates a situation that cannot be served by licensed ambulances. [1987 c 214 § 14; 1979 ex.s. c 261 § 18; 1973 1st
ex.s. c 208 § 18.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.190 Violations—Penalties. Any person who
violates any of the provisions of this chapter and for which
a penalty is not provided shall be deemed guilty of a
misdemeanor and upon conviction thereof, shall be fined in
any sum not exceeding one hundred dollars for each day of
the violation, or may be imprisoned in the county jail not
exceeding six months. [1987 c 214 § 15; 1973 1st ex.s. c
208 § 19.]
Effective date—1973 1st ex.s. c 208: See RCW 18.73.910.
18.73.200 Administrative procedure act applicable.
The administrative procedure act, chapter 34.05 RCW, shall
wherever applicable govern the rights, remedies, and
procedures respecting the administration of this chapter.
[1973 1st ex.s. c 208 § 21.]
18.73.240 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, shall
govern the issuance and denial of credentials, unauthorized
practice, and the discipline of persons credentialed under this
chapter. The secretary shall act as the disciplinary authority
under this chapter. Disciplinary action shall be initiated
against a person credentialed under this chapter in a manner
consistent with the responsibilities and duties of the medical
program director under whom such person is responsible.
[1992 c 128 § 5.]
18.73.250
Epinephrine—Availability—
Administration. (1) All of the state’s ambulance and aid
services shall make epinephrine available to their emergency
medical technicians in their emergency care supplies. The
emergency medical technician may administer epinephrine to
a patient of any age upon the presentation of evidence of a
prescription for epinephrine or to a patient under eighteen
years of age:
(a) Upon the request of the patient or his or her parent
or guardian; or
(b) Upon the request of a person who presents written
authorization from the patient or his or her parent or guardian making such a request.
(2) Any emergency medical technician, emergency
medical service, or medical program director acting in good
faith and in compliance with the provisions of this section
shall not be liable for any civil damages arising out of the
furnishing or administration of epinephrine.
(3) Nothing in this section authorizes the administration
of epinephrine by a first responder. [2001 c 24 § 1; 1999 c
337 § 4.]
Findings—Purpose—1999 c 337: "The legislature finds that allergies
are a serious medical disorder that affect more than one in five persons in
the United States and are the sixth leading cause of chronic disease.
Anaphylaxis is the most severe form of allergic reaction. Rapid and
appropriate administration of the drug epinephrine to a patient suffering an
anaphylaxis allergic reaction may make the difference between the life and
death of that patient. The legislature further finds that some situations may
arise when the administration of epinephrine by an emergency medical
technician is required to save a person’s life and that it is paramount that
[Title 18 RCW—page 209]
18.73.250
Title 18 RCW: Businesses and Professions
these valuable emergency response personnel receive the appropriate
training on the use of epinephrine to treat anaphylaxis.
It is the purpose of chapter 337, Laws of 1999 to investigate the rate
of anaphylaxis statewide and the training and care standards needed to allow
emergency medical technicians to administer life saving epinephrine."
[1999 c 337 § 1.]
Effective dates—1999 c 337: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [May 14, 1999], except for section 4 of this act which takes
effect January 1, 2000." [1999 c 337 § 5.]
Short title—1999 c 337: "This act may be known and cited as the
Kristine Kastner Act." [1999 c 337 § 6.]
18.73.900 Severability—1973 1st ex.s. c 208. If any
provision of this 1973 act, or the application thereof to any
person or circumstance is held invalid, this invalidity shall
not affect other provisions or applications of the act which
can be given effect without the invalid provision or application, and to this end the provisions of this act are declared
to be severable. [1973 1st ex.s. c 208 § 20.]
18.73.901 Severability—1987 c 214. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 214 § 26.]
18.73.910 Effective dates—1973 1st ex.s. c 208. The
provisions of sections 1 through 8, inclusive, 11, 12, 20, 21,
22, and 23 of this 1973 act shall take effect on July 1, 1973.
The provisions of sections 9, 10, and 13 through 19, inclusive, shall take effect on January 1, 1976. [1973 1st ex.s. c
208 § 22.]
Chapter 18.74
PHYSICAL THERAPY
Sections
18.74.003
18.74.005
18.74.010
18.74.012
18.74.015
18.74.020
18.74.023
18.74.025
18.74.027
18.74.029
18.74.030
18.74.035
18.74.040
18.74.050
18.74.060
18.74.065
18.74.070
18.74.073
18.74.075
18.74.085
18.74.090
18.74.095
Regulation of health care professions—Criteria.
Purpose.
Definitions.
Consultation with health care practitioner not required for
certain treatments.
Referral to health care practitioners—When required.
Board created—Members—Staff assistance—Compensation
and travel expenses.
Board—Powers and duties.
Standards for appropriateness of physical therapy care—
Violation.
Board—Officers—Meetings—Quorum.
Application of Uniform Disciplinary Act.
Qualifications of applicants.
Examinations—Scope—Time and place.
Licenses.
Licenses—Fees.
Licensure by endorsement.
Licenses—Issuance to persons licensed or registered before
July 24, 1983.
Renewal of license.
Licenses—Inactive status—Fees.
Interim permits.
Advertising of spinal manipulation or mobilization prohibited.
False advertising—Use of name and words—License required—Prosecutions of violations.
False advertising—Injunctions.
[Title 18 RCW—page 210]
18.74.120
18.74.125
Record of proceedings—Register.
Construction of chapter—Activities not prohibited—Use of
letters or words in connection with name.
18.74.130 Exemptions.
18.74.135 Insurance coverage and benefits not required or regulated.
18.74.140 Practice setting not restricted.
18.74.900 Severability—1949 c 239.
18.74.910 Severability—1961 c 64.
18.74.911 Severability—1983 c 116.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Lien of doctors: Chapter 60.44 RCW.
18.74.003 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.74.005 Purpose. In order to safeguard the public
safety and welfare, to protect the public from being misled
by incompetent, unethical, and unauthorized persons, and to
assure the highest degree of professional conduct and
competency, it is the purpose of this chapter to strengthen
existing regulation of persons offering physical therapy
services to the public. [1983 c 116 § 1.]
18.74.010 Definitions. Unless the context otherwise
requires, the definitions in this section apply throughout this
chapter.
(1) "Board" means the board of physical therapy created
by RCW 18.74.020.
(2) "Department" means the department of health.
(3) "Physical therapy" means the treatment of any
bodily or mental condition of any person by the use of the
physical, chemical, and other properties of heat, cold, air,
light, water, electricity, sound, massage, and therapeutic
exercise, which includes posture and rehabilitation procedures; the performance of tests and measurements of
neuromuscular function as an aid to the diagnosis or treatment of any human condition; performance of treatments on
the basis of test findings after consultation with and periodic
review by an authorized health care practitioner except as
provided in RCW 18.74.012; supervision of selective forms
of treatment by trained supportive personnel; and provision
of consultative services for health, education, and community
agencies. The use of Roentgen rays and radium for diagnostic and therapeutic purposes, the use of electricity for
surgical purposes, including cauterization, and the use of spinal manipulation or manipulative mobilization of the spine
and its immediate articulations, are not included under the
term "physical therapy" as used in this chapter.
(4) "Physical therapist" means a person who practices
physical therapy as defined in this chapter but does not
include massage operators as defined in RCW 18.108.010.
(5) "Secretary" means the secretary of health.
(6) Words importing the masculine gender may be
applied to females.
(7) "Authorized health care practitioner" means and
includes licensed physicians, osteopathic physicians, chiropractors, naturopaths, podiatric physicians and surgeons,
dentists, and advanced registered nurse practitioners:
PROVIDED, HOWEVER, That nothing herein shall be
construed as altering the scope of practice of such practitioners as defined in their respective licensure laws. [1997 c
275 § 8; 1991 c 12 § 1; (1991 c 3 §§ 172, 173 repealed by
(2002 Ed.)
Physical Therapy
1991 sp.s. c 11 § 2); (1990 c 297 § 17 repealed by 1991 c
12 § 6); 1988 c 185 § 1; 1983 c 116 § 2; 1961 c 64 § 1;
1949 c 239 § 1; Rem. Supp. 1949 § 10163-1.]
Effective dates—1991 c 12 §§ 1, 2, 3, 6: "(1) Sections 1, 2, and 6
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect June 30, 1991.
(2) Section 3 of this act shall take effect January 1, 1992." [1991 c
12 § 7.]
Number and gender: RCW 1.12.050.
18.74.012 Consultation with health care practitioner
not required for certain treatments. Notwithstanding the
provisions of RCW 18.74.010(3), a consultation and periodic
review by an authorized health care practitioner is not
required for treatment of neuromuscular or musculoskeletal
conditions: PROVIDED, That a physical therapist may only
provide treatment utilizing orthoses that support, align,
prevent, or correct any structural problems intrinsic to the
foot or ankle by referral or consultation from an authorized
health care practitioner. [2000 c 171 § 24; 1991 c 12 § 2;
1990 c 297 § 19; 1988 c 185 § 2.]
Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW
18.74.010.
18.74.015 Referral to health care practitioners—
When required. (1) Physical therapists shall refer persons
under their care to authorized health care practitioners if they
have reasonable cause to believe symptoms or conditions are
present which require services beyond the scope of their
practice or for which physical therapy is contraindicated.
(2) A violation of this section is unprofessional conduct
under this chapter and chapter 18.130 RCW. [1988 c 185 §
3.]
18.74.020 Board created—Members—Staff assistance—Compensation and travel expenses. The state
board of physical therapy is hereby created. The board shall
consist of five members who shall be appointed by the
governor. Of the initial appointments, two shall be appointed for a term of two years, two for a term of three years,
and one for a term of four years. Thereafter, all appointments shall be for terms of four years. Four members of the
board shall be physical therapists licensed under this chapter
and residing in this state, shall have not less than five years’
experience in the practice of physical therapy, and shall be
actively engaged in practice within two years of appointment. The fifth member shall be appointed from the public
at large, shall have an interest in the rights of consumers of
health services, and shall not be or have been a member of
any other licensing board, a licensee of any health occupation board, an employee of any health facility nor derive his
or her primary livelihood from the provision of health
services at any level of responsibility. In the event that a
member of the board for any reason cannot complete his or
her term of office, another appointment shall be made by the
governor in accordance with the procedure stated above to
fill the remainder of the term. No member may serve for
more than two successive four-year terms.
The secretary of health shall furnish such secretarial,
clerical and other assistance as the board may require. Each
member of the board shall, in addition to travel expenses in
(2002 Ed.)
18.74.010
accordance with RCW 43.03.050 and 43.03.060, be compensated in accordance with RCW 43.03.240. [1991 c 3 § 174;
1984 c 287 § 46; 1983 c 116 § 3; 1979 c 158 § 62;
1975-’76 2nd ex.s. c 34 § 44; 1949 c 239 § 2; Rem. Supp.
1949 § 10163-2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—Effective date—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Secretary of health or designee ex officio member of health professional
licensure and disciplinary boards: RCW 43.70.300.
18.74.023 Board—Powers and duties. The board has
the following powers and duties:
(1) To develop and administer, or approve, or both,
examinations to applicants for a license under this chapter.
(2) To pass upon the qualifications of applicants for a
license and to certify to the secretary duly qualified applicants.
(3) To make such rules not inconsistent with the laws of
this state as may be deemed necessary or proper to carry out
the purposes of this chapter.
(4) To establish and administer requirements for
continuing competency, which shall be a prerequisite to
renewing a license under this chapter.
(5) To keep an official record of all its proceedings,
which record shall be evidence of all proceedings of the
board which are set forth therein.
(6) To adopt rules not inconsistent with the laws of this
state, when it deems appropriate, in response to questions put
to it by professional health associations, physical therapists,
and consumers in this state concerning the authority of
physical therapists to perform particular acts.
(7) To adopt rules to define and specify the education
and training requirements for physical therapist assistants and
physical therapy aides. [1995 c 299 § 1; 1995 c 198 § 9.
Prior: 1991 c 12 § 3; 1991 c 3 § 175; 1986 c 259 § 124;
1983 c 116 § 4.]
Reviser’s note: This section was amended by 1995 c 198 § 9 and by
1995 c 299 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—1991 c 12 §§ 1, 2, 3, 6: See note following RCW
18.74.010.
Severability—1986 c 259: See note following RCW 18.130.010.
18.74.025 Standards for appropriateness of physical
therapy care—Violation. Pursuant to the board’s power in
RCW 18.74.023(3), the board is directed to adopt rules
relating to standards for appropriateness of physical therapy
care. Violation of the standards adopted by rule under this
section is unprofessional conduct under this chapter and
chapter 18.130 RCW. [1991 c 12 § 5.]
18.74.027 Board—Officers—Meetings—Quorum.
The board shall elect from its members a chairperson and
vice chairperson-secretary, who shall serve for one year and
until their successors are elected. The board shall meet at
least once a year and upon the call of the chairperson at such
times and places as the chairperson designates. Three
members constitute a quorum of the full board for the
transaction of any business. Meetings of the board shall be
[Title 18 RCW—page 211]
18.74.027
Title 18 RCW: Businesses and Professions
open and public, except the board may hold executive
sessions to the extent permitted by chapter 42.30 RCW.
[1983 c 116 § 5.]
18.74.029 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses and interim permits, and the discipline of licensees
and holders of interim permits under this chapter. [1993 c
133 § 2; 1987 c 150 § 47; 1986 c 259 § 123.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.74.030 Qualifications of applicants. An applicant
for a license as a physical therapist shall have the following
minimum qualifications:
(1) Be of good moral character; and
(2) Have obtained either (a) a baccalaureate degree in
physical therapy from an institution of higher learning
approved by the board or (b) a baccalaureate degree from an
institution of higher learning and a certificate or advanced
degree from a school of physical therapy approved by the
board.
The applicant shall present proof of qualification to the
board in the manner and on the forms prescribed by it.
[1983 c 116 § 6; 1961 c 64 § 2; 1949 c 239 § 3; Rem. Supp.
1949 § 10163-3.]
18.74.035 Examinations—Scope—Time and place.
All qualified applicants for a license as a physical therapist
shall be examined by the board at such time and place as the
board may determine. The board may approve an examination prepared or administered by a private testing agency or
association of licensing authorities. The examination shall
embrace the following subjects: The applied sciences of
anatomy, neuroanatomy, kinesiology, physiology, pathology,
psychology, physics; physical therapy, as defined in this
chapter, applied to medicine, neurology, orthopedics,
pediatrics, psychiatry, surgery; medical ethics; technical
procedures in the practice of physical therapy as defined in
this chapter; and such other subjects as the board may deem
useful to test the applicant’s fitness to practice physical
therapy, but not including the adjustment or manipulation of
the spine or use of a thrusting force as mobilization.
Examinations shall be held within the state at least once a
year, at such time and place as the board shall determine.
An applicant who fails an examination may apply for reexamination upon payment of a reexamination fee determined
by the secretary. [1995 c 198 § 10; 1991 c 3 § 176; 1983
c 116 § 7; 1961 c 64 § 3.]
18.74.040 Licenses. The secretary of health shall
license as a physical therapist, and shall furnish a license to
each applicant who successfully passes the examination for
licensure as a physical therapist. [1991 c 3 § 177; 1983 c
116 § 8; 1949 c 239 § 4; Rem. Supp. 1949 § 10163-4.]
18.74.050 Licenses—Fees. The secretary shall furnish
a license upon the authority of the board to any person who
applies and who has qualified under the provisions of this
[Title 18 RCW—page 212]
chapter. At the time of applying, the applicant shall comply
with administrative procedures, administrative requirements,
and fees established pursuant to RCW 43.70.250 and
43.70.280. No person registered or licensed on July 24,
1983, as a physical therapist shall be required to pay an
additional fee for a license under this chapter. [1996 c 191
§ 59; 1991 c 3 § 178; 1985 c 7 § 63; 1983 c 116 § 9; 1975
1st ex.s. c 30 § 65; 1961 c 64 § 4; 1949 c 239 § 5; Rem.
Supp. 1949 § 10163-5.]
18.74.060 Licensure by endorsement. Upon the
recommendation of the board, the secretary shall license as
a physical therapist and shall furnish a license to any person
who is a physical therapist registered or licensed under the
laws of another state or territory, or the District of Columbia,
if the qualifications for such registration or license required
of the applicant were substantially equal to the requirements
under this chapter. At the time of making application, the
applicant shall comply with administrative procedures,
administrative requirements, and fees established pursuant to
RCW 43.70.250 and 43.70.280. [1996 c 191 § 60; 1991 c
3 § 179; 1985 c 7 § 64; 1983 c 116 § 10; 1975 1st ex.s. c
30 § 66; 1961 c 64 § 5; 1949 c 239 § 6; Rem. Supp. 1949
§ 10163-6.]
18.74.065 Licenses—Issuance to persons licensed or
registered before July 24, 1983. Any person holding a
valid license or certificate of registration to practice physical
therapy issued by authority of this state prior to July 24,
1983, shall be issued a license under this chapter. [1983 c
116 § 11.]
18.74.070 Renewal of license. Every licensed
physical therapist shall apply to the secretary for a renewal
of the license and pay to the state treasurer a fee determined
by the secretary as provided in RCW 43.70.250 and
43.70.280. [1996 c 191 § 61; 1991 c 3 § 180; 1983 c 116
§ 12; 1975 1st ex.s. c 30 § 67; 1971 ex.s. c 266 § 13; 1961
c 64 § 6; 1949 c 239 § 7; Rem. Supp. 1949 § 10163-7.]
18.74.073 Licenses—Inactive status—Fees. Any
physical therapist licensed under this chapter not practicing
physical therapy or providing services may place his or her
license in an inactive status. The board shall prescribe
requirements for maintaining an inactive status and converting from an inactive or active status. The secretary may
establish fees for alterations in license status. [1998 c 143
§ 1.]
18.74.075 Interim permits. (1) The department, upon
approval by the board, shall issue an interim permit authorizing an applicant for licensure who meets the minimum
qualifications stated in RCW 18.74.030 to practice physical
therapy under graduate supervision pending notification of
the results of the first licensure examination for which the
applicant is eligible, but not to exceed six months.
(2) For purposes of this section, "graduate supervision"
means supervision of a holder of an interim permit by a
licensed physical therapist who is on the premises at all
times. Graduate supervision shall include consultation
regarding evaluation, treatment plan, treatment program, and
(2002 Ed.)
Physical Therapy
progress of each assigned patient at appropriate intervals and
be documented by cosignature of notes by the licensed
physical therapist. RCW 18.74.012 is not applicable for
holders of interim permits.
(3) If the holder of the interim permit fails the examination, the permit expires upon notification and is not renewable. [1993 c 133 § 1.]
18.74.085 Advertising of spinal manipulation or
mobilization prohibited. (1) Physical therapists shall not
advertise that they perform spinal manipulation or manipulative mobilization of the spine.
(2) A violation of this section is unprofessional conduct
under this chapter and chapter 18.130 RCW. [1988 c 185 §
4.]
18.74.090 False advertising—Use of name and
words—License required—Prosecutions of violations. A
person who is not licensed with the secretary of health as a
physical therapist under the requirements of this chapter shall
not represent him or herself as being so licensed and shall
not use in connection with his or her name the words or
letters "P.T.", "R.P.T.", "L.P.T.", "physical therapy",
"physiotherapy", "physical therapist" or "physiotherapist", or
any other letters, words, signs, numbers, or insignia indicating or implying that he or she is a physical therapist. No
person may practice physical therapy without first having a
valid license. Nothing in this chapter prohibits any person
licensed in this state under any other act from engaging in
the practice for which he or she is licensed. It shall be the
duty of the prosecuting attorney of each county to prosecute
all cases involving a violation of this chapter arising within
his or her county. The attorney general may assist in such
prosecution and shall appear at all hearings when requested
to do so by the board. [1991 c 3 § 181; 1987 c 150 § 48;
1986 c 259 § 125; 1983 c 116 § 18; 1961 c 64 § 8; 1949 c
239 § 9; Rem. Supp. 1949 § 10163-9.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
False advertising: Chapter 9.04 RCW.
18.74.095 False advertising—Injunctions. If any
person violates the provisions of this chapter, the attorney
general, prosecuting attorney, the secretary, the board, or any
citizen of the same county, may maintain an action in the
name of the state to enjoin such person from practicing or
holding himself or herself out as practicing physical therapy.
The injunction shall not relieve criminal prosecution but the
remedy by injunction shall be in addition to the liability of
such offender for criminal prosecution and the suspension or
revocation of his or her license. [1991 c 3 § 182; 1983 c
116 § 19; 1961 c 64 § 9.]
18.74.120 Record of proceedings—Register. The
secretary of health shall keep a record of proceedings under
this chapter and a register of all persons licensed under it.
The register shall show the name of every living licensed
physical therapist, his or her last known place of residence,
and the date and number of his or her license as a physical
therapist. [1991 c 3 § 183; 1983 c 116 § 21; 1979 c 158 §
(2002 Ed.)
18.74.075
63; 1977 c 75 § 11; 1949 c 239 § 12; Rem. Supp. 1949 §
10163-12.]
18.74.125 Construction of chapter—Activities not
prohibited—Use of letters or words in connection with
name. Nothing in this chapter shall prohibit any person
licensed in this state under any other act from engaging in
the practice for which he is licensed. Nothing in this chapter
shall prohibit any person who, at any time prior to January
1, 1961 was practicing any healing or manipulative art in the
state of Washington and designating the same as physical
therapy or physiotherapy, from continuing to do so after the
passage of this amendatory act: PROVIDED, That no such
person shall represent himself as being registered and shall
not use in connection with his name the words or letters
"registered" or "licensed" or "R.P.T." [1961 c 64 § 10.]
Reviser’s note: The language "after the passage of this amendatory
act" refers to chapter 64, Laws of 1961 which passed the House March 1,
1961, passed the Senate February 27, 1961, approved by the governor
March 6, 1961, and became effective at midnight June 7, 1961.
18.74.130 Exemptions. This chapter does not prohibit
or regulate:
(1) The practice of physical therapy by students enrolled
in approved schools as may be incidental to their course of
study so long as such activities do not go beyond the scope
of practice defined by this chapter.
(2) Auxiliary services provided by physical therapy
aides carrying out duties necessary for the support of
physical therapy including those duties which involve minor
physical therapy services when performed under the direct
supervision of licensed physical therapists so long as such
activities do not go beyond the scope of practice defined by
this chapter.
(3) The practice of physical therapy by licensed or
registered physical therapists of other states or countries
while appearing as clinicians of bona fide educational
seminars sponsored by physical therapy, medical, or other
healing art professional associations so long as such activities do not go beyond the scope of practice defined by this
chapter.
(4) The practice of physical therapists in the armed
services or employed by any other branch of the federal
government. [1983 c 116 § 22.]
18.74.135 Insurance coverage and benefits not
required or regulated. This chapter shall not be construed
to restrict the ability of any insurance entity regulated by
Title 48 RCW, or any state agency or program from limiting
or controlling the utilization of physical therapy services by
the use of any type of gatekeeper function; nor shall it be
construed to require or prohibit that individual or group
policies or contracts of an insurance carrier, health care
service contractor, or health maintenance organization
provide benefits or coverage for services and supplies
provided by a person licensed under this chapter. For the
purpose of this chapter, "gatekeeper function" means any
provision in a contract which establishes a threshold requirement, such as a recommendation from a case manager or a
primary care provider, which must be satisfied before a
[Title 18 RCW—page 213]
18.74.135
Title 18 RCW: Businesses and Professions
covered person is eligible to receive benefits under the
contract. [1988 c 185 § 5.]
18.74.140 Practice setting not restricted. Nothing in
this chapter restricts the ability of physical therapists to work
in the practice setting of their choice. [1991 c 12 § 4.]
18.74.900 Severability—1949 c 239. If any provision
of this chapter or the application thereof to any person or
circumstance is held invalid, such invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are declared to be
severable. [1949 c 239 § 13.]
18.74.910 Severability—1961 c 64. If any provision
of this amendatory act or the application thereof to any
person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of this amendatory
act which can be given effect without the invalid provision
or application, and to this end the provisions of this amendatory act are declared to be severable. [1961 c 64 § 11.]
18.74.911 Severability—1983 c 116. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 116 § 24.]
Chapter 18.76
POISON INFORMATION CENTERS
Sections
18.76.010
18.76.020
18.76.030
18.76.041
18.76.050
18.76.060
18.76.070
18.76.080
18.76.090
18.76.100
18.76.110
18.76.900
Purpose.
Definitions.
Poison information center—Statewide program.
Consulting with other poison programs.
Rules and standards.
Poison center medical director—Poison information specialist—Certification required.
Immunity from liability.
Department to defend personnel.
Use of gifts and grants.
Certificate suspension—Nonpayment or default on educational loan or scholarship.
Certificate suspension—Noncompliance with support order—Reissuance.
Severability—1987 c 214.
18.76.010 Purpose. The legislature finds that accidental and purposeful exposure to drugs, poisons, and toxic
substances continues to be a severe health problem in the
state of Washington. It further finds that a significant
reduction in the consequences of such accidental exposures
has occurred as a result of the services provided by poison
information centers.
The purpose of this chapter is to reduce morbidity and
mortality associated with overdose and poisoning incidents
by providing emergency telephone assistance and treatment
referral to victims of such incidents, by providing immediate
treatment information to health care professionals, and public
education and prevention programs. Further, the purpose is
[Title 18 RCW—page 214]
to improve utilization of drugs by providing information to
health professionals relating to appropriate therapeutic drug
use.
The legislature recognizes that enhanced cooperation
between the emergency medical system and poison control
centers will aid in responding to emergencies resulting from
exposure to drugs, poisons, and toxic substances, and that,
by providing telephone assistance to individuals with
possible exposure to these substances, the need for emergency room and professional office visits will be reduced. As
a result the cost of health care to those who may have
exposures to drugs, poisons, and toxic substances will be
avoided and appropriate treatment will be assured. [1993 c
343 § 1; 1987 c 214 § 16; 1980 c 178 § 1. Formerly RCW
18.73.210.]
18.76.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Department" means the department of health.
(2) "Poison information center medical director" means
a person who: (a) Is licensed to practice medicine and
surgery under chapter 18.71 RCW or osteopathic medicine
and surgery under chapter 18.57 RCW; (b) is certified by the
secretary under standards adopted under RCW 18.76.050;
and (c) provides services enumerated under RCW 18.76.030,
and is responsible for supervision of poison information
specialists.
(3) "Poison information specialist" means a person who
provides services enumerated under RCW 18.76.030 under
the supervision of a poison information center medical
director and is certified by the secretary under standards
adopted under RCW 18.76.050.
(4) "Secretary" means the secretary of health. [1996 c
178 § 7; 1991 c 3 § 184; 1987 c 214 § 19.]
Effective date—1996 c 178: See note following RCW 18.35.110.
18.76.030 Poison information center—Statewide
program. The department shall, in a manner consistent with
this chapter, provide support for the statewide program of
poison and drug information services. These services shall,
no later than June 30, 1993, be centralized in and coordinated by a single nonprofit center to be located in a place
determined by the secretary. The services of this center
shall be:
(1) Twenty-four hour emergency telephone management
and treatment referral of victims of poisoning and overdose
incidents, to include determining whether treatment can be
accomplished at the scene of the incident or transport to an
emergency treatment or other facility is required, and
carrying out telephone follow-up to assure that adequate care
is provided;
(2) Providing information to health professionals
involved in management of poisoning and overdose victims;
(3) Coordination and development of community
education programs designed to inform the public and
members of the health professions of poison prevention and
treatment methods and to improve awareness of poisoning
and overdose problems, occupational risks, and environmental exposures; and
(2002 Ed.)
Poison Information Centers
(4) Coordination of outreach units whose primary
functions shall be to inform the public about poison problems and prevention methods, how to utilize the poison
center, and other toxicology issues. [1993 c 343 § 2; 1987
c 214 § 17; 1980 c 178 § 2. Formerly RCW 18.73.220.]
18.76.041 Consulting with other poison programs.
The department shall establish a system for consulting with
other state and local agency programs concerned with
poisons and poisonings, incidents involving exposures to
potentially poisonous substances, and other toxicological
matters to develop the most coordinated and consistent
response to such situations as is reasonably possible. [1993
c 343 § 3.]
18.76.050 Rules and standards. The secretary with
the advice of the emergency medical services and trauma
care steering committee established under RCW 18.73.050
shall adopt rules, under chapter 34.05 RCW, prescribing:
(1) Standards for the operation of a poison information
center;
(2) Standards and procedures for certification, recertification and decertification of poison center medical directors
and poison information specialists; and
(3) Standards and procedures for reciprocity with other
states or national certifying agencies. [1990 c 269 § 21;
1987 c 214 § 20.]
Severability—1990 c 269: See RCW 70.168.901.
18.76.060 Poison center medical director—Poison
information specialist—Certification required. (1) A
person may not act as a poison center medical director or
perform the duties of poison information specialists of a
poison information center without being certified by the
secretary under this chapter.
(2) Notwithstanding subsection (1) of this section, if a
poison center medical director terminates certification or is
decertified, that poison center medical director’s authority
may be delegated by the department to any other person
licensed to practice medicine and surgery under chapter
18.71 RCW or osteopathic medicine and surgery under
chapter 18.57 RCW for a period of thirty days, or until a
new poison center medical director is certified, whichever
comes first. [1996 c 178 § 8; 1993 c 343 § 4; 1987 c 214
§ 21.]
Effective date—1996 c 178: See note following RCW 18.35.110.
18.76.070 Immunity from liability. (1) No act done
or omitted in good faith while performing duties as a poison
center medical director or poison information specialist of a
poison information center shall impose any liability on the
poison center, its officers, the poison center medical director,
the poison information specialist, or other employees.
(2) This section:
(a) Applies only to acts or omissions committed or
omitted in the performance of duties which are within the
area of responsibility and expertise of the poison center
medical director or poison information specialist.
(b) Does not relieve the poison center or any person
from any duty imposed by law for the designation or training
of a person certified under this chapter.
(2002 Ed.)
18.76.030
(c) Does not apply to any act or omission which
constitutes gross negligence or wilful or wanton conduct.
[1987 c 214 § 22.]
18.76.080 Department to defend personnel. The
department shall defend any poison center medical director
or poison information specialist for any act or omission
subject to RCW 18.76.070. [1987 c 214 § 23.]
18.76.090 Use of gifts and grants. The center may
receive gifts, grants, and endowments from public or private
sources that may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the
center and spend gifts, grants, or endowments or any income
from the public or private sources according to their terms.
[1993 c 343 § 5.]
18.76.100 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The secretary
shall suspend the certificate of any person who has been
certified by a lending agency and reported to the secretary
for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s
certificate shall not be reissued until the person provides the
secretary a written release issued by the lending agency
stating that the person is making payments on the loan in
accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all
other requirements for certification during the suspension,
reinstatement shall be automatic upon receipt of the notice
and payment of any reinstatement fee the secretary may
impose. [1996 c 293 § 13.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.76.110 Certificate suspension—Noncompliance
with support order—Reissuance. The department shall
immediately suspend the certification of a poison center
medical director or a poison information specialist who has
been certified pursuant to RCW 74.20A.320 by the department of social and health services as a person who is not in
compliance with a support order or a *residential or visitation order. If the person has continued to meet all other
requirements for certification during the suspension, reissuance of the certification shall be automatic upon the
department’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 825.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
[Title 18 RCW—page 215]
18.76.110
Title 18 RCW: Businesses and Professions
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.76.900
18.73.901.
Severability—1987 c 214. See RCW
Chapter 18.79
NURSING CARE
Sections
18.79.010
18.79.020
18.79.030
18.79.040
18.79.050
18.79.060
18.79.070
18.79.080
18.79.090
18.79.100
18.79.110
18.79.120
18.79.130
18.79.140
18.79.150
18.79.160
18.79.170
18.79.180
18.79.190
18.79.200
18.79.210
18.79.230
18.79.240
18.79.250
18.79.255
18.79.260
18.79.270
18.79.280
18.79.290
18.79.300
18.79.310
18.79.320
18.79.900
18.79.901
18.79.902
Purpose.
Definitions.
Licenses required—Titles.
"Registered nursing practice" defined—Exceptions.
"Advanced registered nursing practice" defined—Exceptions.
"Licensed practical nursing practice" defined—Exceptions.
Commission established—Membership—Qualifications.
Commission—Order of removal—Vacancy.
Commission—Compensation.
Commission—Officers—Meetings.
Commission—Duties and powers—Rules—Successor to
boards.
Application of Uniform Disciplinary Act.
Executive director—Staff.
Executive director—Qualifications.
Schools and programs—Requirements—Approval.
Applicants—Required documentation—Criteria—Rules.
Examination—Rules.
Interim permits—License—Expiration upon failure.
Reciprocity—Foreign programs—Examination.
License procedures, requirements, fees.
License renewal—Procedures, requirements, fees.
Temporary retirement—Renewal—Fee—Qualification.
Construction.
Advanced registered nurse practitioner—Activities allowed.
Limitation on dispensing Schedules II through IV controlled
substances.
Registered nurse—Activities allowed—Delegation of tasks.
Licensed practical nurse—Activities allowed.
Medication, tests, treatments allowed.
Catheterization of students—Rules.
Department—Rules for administration.
Rules, regulations, decisions of previous boards—Effect.
Joint practice arrangements.
Severability—1994 sp.s. c 9.
Headings and captions not law—1994 sp.s. c 9.
Effective date—1994 sp.s. c 9.
18.79.010 Purpose. It is the purpose of the nursing
care quality assurance commission to regulate the competency and quality of professional health care providers under its
jurisdiction by establishing, monitoring, and enforcing
qualifications for licensing, consistent standards of practice,
continuing competency mechanisms, and discipline. Rules,
policies, and procedures developed by the commission must
promote the delivery of quality health care to the residents
of the state of Washington. [1994 sp.s. c 9 § 401.]
18.79.020 Definitions. Unless a different meaning is
plainly required by the context, the definitions set forth in
this section apply throughout this chapter.
(1) "Commission" means the Washington state nursing
care quality assurance commission.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the
secretary’s designee.
[Title 18 RCW—page 216]
(4) "Diagnosis," in the context of nursing practice,
means the identification of, and discrimination between, the
person’s physical and psychosocial signs and symptoms that
are essential to effective execution and management of the
nursing care regimen.
(5) "Diploma" means written official verification of
completion of an approved nursing education program.
(6) "Nurse" or "nursing," unless otherwise specified as
a practical nurse or practical nursing, means a registered
nurse or registered nursing. [1994 sp.s. c 9 § 402.]
18.79.030 Licenses required—Titles. (1) It is
unlawful for a person to practice or to offer to practice as a
registered nurse in this state unless that person has been
licensed under this chapter. A person who holds a license
to practice as a registered nurse in this state may use the
titles "registered nurse" and "nurse" and the abbreviation
"R.N." No other person may assume those titles or use the
abbreviation or any other words, letters, signs, or figures to
indicate that the person using them is a registered nurse.
(2) It is unlawful for a person to practice or to offer to
practice as an advanced registered nurse practitioner or as a
nurse practitioner in this state unless that person has been
licensed under this chapter. A person who holds a license
to practice as an advanced registered nurse practitioner in
this state may use the titles "advanced registered nurse
practitioner," "nurse practitioner," and "nurse" and the
abbreviations "A.R.N.P." and "N.P." No other person may
assume those titles or use those abbreviations or any other
words, letters, signs, or figures to indicate that the person
using them is an advanced registered nurse practitioner or
nurse practitioner.
(3) It is unlawful for a person to practice or to offer to
practice as a licensed practical nurse in this state unless that
person has been licensed under this chapter. A person who
holds a license to practice as a licensed practical nurse in
this state may use the titles "licensed practical nurse" and
"nurse" and the abbreviation "L.P.N." No other person may
assume those titles or use that abbreviation or any other
words, letters, signs, or figures to indicate that the person
using them is a licensed practical nurse.
(4) Nothing in this section shall prohibit a person listed
as a Christian Science nurse in the Christian Science Journal
published by the Christian Science Publishing Society,
Boston, Massachusetts, from using the title "Christian
Science nurse," so long as such person does not hold himself
or herself out as a registered nurse, advanced registered
nurse practitioner, nurse practitioner, or licensed practical
nurse, unless otherwise authorized by law to do so. [1997
c 177 § 1; 1994 sp.s. c 9 § 403.]
18.79.040 "Registered nursing practice" defined—
Exceptions. (1) "Registered nursing practice" means the
performance of acts requiring substantial specialized knowledge, judgment, and skill based on the principles of the
biological, physiological, behavioral, and sociological
sciences in either:
(a) The observation, assessment, diagnosis, care or
counsel, and health teaching of the ill, injured, or infirm, or
in the maintenance of health or prevention of illness of
others;
(2002 Ed.)
Nursing Care
(b) The performance of such additional acts requiring
education and training and that are recognized by the
medical and nursing professions as proper and recognized by
the commission to be performed by registered nurses licensed under this chapter and that are authorized by the
commission through its rules;
(c) The administration, supervision, delegation, and
evaluation of nursing practice. However, nothing in this
subsection affects the authority of a hospital, hospital district,
medical clinic, or office, concerning its administration and
supervision;
(d) The teaching of nursing;
(e) The executing of medical regimen as prescribed by
a licensed physician and surgeon, dentist, osteopathic
physician and surgeon, podiatric physician and surgeon,
physician assistant, osteopathic physician assistant, or
advanced registered nurse practitioner.
(2) Nothing in this section prohibits a person from
practicing a profession for which a license has been issued
under the laws of this state or specifically authorized by any
other law of the state of Washington.
(3) This section does not prohibit (a) the nursing care of
the sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be a registered nurse,
(b) the practice of licensed practical nursing by a licensed
practical nurse, or (c) the practice of a nursing assistant,
providing delegated nursing tasks under chapter 18.88A
RCW. [1995 1st sp.s. c 18 § 50; 1994 sp.s. c 9 § 404.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.79.050 "Advanced registered nursing practice"
defined—Exceptions. "Advanced registered nursing
practice" means the performance of the acts of a registered
nurse and the performance of an expanded role in providing
health care services as recognized by the medical and
nursing professions, the scope of which is defined by rule by
the commission. Upon approval by the commission, an advanced registered nurse practitioner may prescribe legend
drugs and controlled substances contained in Schedule V of
the Uniform Controlled Substances Act, chapter 69.50 RCW,
and Schedules II through IV subject to RCW 18.79.240(1)
(r) or (s).
Nothing in this section prohibits a person from practicing a profession for which a license has been issued under
the laws of this state or specifically authorized by any other
law of the state of Washington.
This section does not prohibit (1) the nursing care of the
sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be an advanced
registered nurse practitioner, or (2) the practice of registered
nursing by a licensed registered nurse or the practice of
licensed practical nursing by a licensed practical nurse.
[2000 c 64 § 2; 1994 sp.s. c 9 § 405.]
Effective date—2000 c 64 §§ 1-3: See note following RCW
18.79.255.
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.060 "Licensed practical nursing practice"
defined—Exceptions. "Licensed practical nursing practice"
means the performance of services requiring the knowledge,
(2002 Ed.)
18.79.040
skill, and judgment necessary for carrying out selected
aspects of the designated nursing regimen under the direction
and supervision of a licensed physician and surgeon, dentist,
osteopathic physician and surgeon, physician assistant,
osteopathic physician assistant, podiatric physician and
surgeon, advanced registered nurse practitioner, or registered
nurse.
Nothing in this section prohibits a person from practicing a profession for which a license has been issued under
the laws of this state or specifically authorized by any other
law of the state of Washington.
This section does not prohibit the nursing care of the
sick, without compensation, by an unlicensed person who
does not hold himself or herself out to be a licensed practical
nurse. [1994 sp.s. c 9 § 406.]
18.79.070 Commission established—Membership—
Qualifications. (1) The state nursing care quality assurance
commission is established, consisting of eleven members to
be appointed by the governor to four-year terms. No person
may serve as a member of the commission for more than
two consecutive full terms.
(2) There must be three registered nurse members, two
advanced registered nurse practitioner members, three
licensed practical nurse members, two public members, and
one nonvoting midwife member licensed under chapter 18.50
RCW, on the commission. Each member of the commission
must be a citizen of the United States and a resident of this
state.
(3) Registered nurse members of the commission must:
(a) Be licensed as registered nurses under this chapter;
and
(b) Have had at least five years’ experience in the active
practice of nursing and have been engaged in that practice
within two years of appointment.
(4) Advanced registered nurse practitioner members of
the commission must:
(a) Be licensed as advanced registered nurse practitioners under this chapter; and
(b) Have had at least five years’ experience in the active
practice of advanced registered nursing and have been
engaged in that practice within two years of appointment.
(5) Licensed practical nurse members of the commission
must:
(a) Be licensed as licensed practical nurses under this
chapter; and
(b) Have had at least five years’ actual experience as a
licensed practical nurse and have been engaged in practice
as a practical nurse within two years of appointment.
(6) Public members of the commission may not be a
member of any other health care licensing board or commission, or have a fiduciary obligation to a facility rendering
health services regulated by the commission, or have a material or financial interest in the rendering of health services
regulated by the commission.
(7) The nonvoting licensed midwife member of the
commission must:
(a) Be licensed as a midwife under chapter 18.50 RCW;
and
[Title 18 RCW—page 217]
18.79.070
Title 18 RCW: Businesses and Professions
(b) Have had at least five years’ actual experience as a
licensed midwife and have been engaged in practice as a
midwife within two years of appointment.
In appointing the initial members of the commission, it
is the intent of the legislature that, to the extent possible, the
governor appoint the existing members of the board of
nursing and the board of practical nursing repealed under
chapter 9, Laws of 1994 sp. sess. The governor may appoint
initial members of the commission to staggered terms of
from one to four years. Thereafter, all members shall be
appointed to full four-year terms. Members of the commission hold office until their successors are appointed. [1994
sp.s. c 9 § 407.]
18.79.080 Commission—Order of removal—
Vacancy. The governor may remove a member of the
commission for neglect of duty, misconduct, malfeasance or
misfeasance in office, or for incompetency or unprofessional
conduct as defined in chapter 18.130 RCW. Whenever the
governor is satisfied that a member of the commission has
been guilty of neglect of duty, misconduct, malfeasance or
misfeasance in office, or of incompetency or unprofessional
conduct, the governor shall file with the secretary of state a
statement of the causes for and the order of removal from
office, and the secretary shall forthwith send a certified copy
of the statement of causes and order of removal to the last
known post office address of the member. If a vacancy
occurs on the commission, the governor shall appoint a replacement member to fill the remainder of the unexpired
term. [1994 sp.s. c 9 § 408.]
18.79.090 Commission—Compensation. Each
commission member shall be compensated in accordance
with RCW 43.03.265 and shall be paid travel expenses when
away from home in accordance with RCW 43.03.050 and
43.03.060. [1999 c 366 § 5; 1994 sp.s. c 9 § 409.]
18.79.100 Commission—Officers—Meetings. The
commission shall annually elect officers from among its
members. The commission shall meet at least quarterly at
times and places it designates. It shall hold such other
meetings during the year as may be deemed necessary to
transact its business. A majority of the commission members appointed and serving constitutes a quorum at a
meeting. All meetings of the commission must be open and
public, except that the commission may hold executive sessions to the extent permitted by chapter 42.30 RCW.
Carrying a motion or resolution, adopting a rule, or
passing a measure requires the affirmative vote of a majority
of a quorum of the commission. The commission may
appoint panels consisting of at least three members. A
quorum for transaction of any business by a panel is a
minimum of three members. A majority vote of a quorum
of the panel is required to transact business delegated to it
by the commission. [1994 sp.s. c 9 § 410.]
18.79.110 Commission—Duties and powers—
Rules—Successor to boards. The commission shall keep
a record of all of its proceedings and make such reports to
the governor as may be required. The commission shall
define by rules what constitutes specialized and advanced
[Title 18 RCW—page 218]
levels of nursing practice as recognized by the medical and
nursing profession. The commission may adopt rules or
issue advisory opinions in response to questions put to it by
professional health associations, nursing practitioners, and
consumers in this state concerning the authority of various
categories of nursing practitioners to perform particular acts.
The commission shall approve curricula and shall
establish criteria for minimum standards for schools preparing persons for licensing as registered nurses, advanced
registered nurse practitioners, and licensed practical nurses
under this chapter. The commission shall approve such
schools of nursing as meet the requirements of this chapter
and the commission, and the commission shall approve
establishment of basic nursing education programs and shall
establish criteria as to the need for and the size of a program
and the type of program and the geographical location. The
commission shall establish criteria for proof of reasonable
currency of knowledge and skill as a basis for safe practice
after three years’ inactive or lapsed status. The commission
shall establish criteria for licensing by endorsement. The
commission shall determine examination requirements for
applicants for licensing as registered nurses, advanced
registered nurse practitioners, and licensed practical nurses
under this chapter, and shall certify to the secretary for
licensing duly qualified applicants.
The commission shall adopt such rules under chapter
34.05 RCW as are necessary to fulfill the purposes of this
chapter.
The commission is the successor in interest of the board
of nursing and the board of practical nursing. All contracts,
undertakings, agreements, rules, regulations, decisions,
orders, and policies of the former board of nursing or the
board of practical nursing continue in full force and effect
under the commission until the commission amends or
rescinds those rules, regulations, decisions, orders, or
policies.
The members of the commission are immune from suit
in an action, civil or criminal, based on its disciplinary
proceedings or other official acts performed in good faith as
members of the commission.
Whenever the workload of the commission requires, the
commission may request that the secretary appoint pro
tempore members of the commission. When serving, pro
tempore members of the commission have all of the powers,
duties, and immunities, and are entitled to all of the emoluments, including travel expenses, of regularly appointed
members of the commission. [1994 sp.s. c 9 § 411.]
18.79.120 Application of Uniform Disciplinary Act.
The Uniform Disciplinary Act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses, and the discipline of licensees under this chapter.
[1994 sp.s. c 9 § 412.]
18.79.130 Executive director—Staff. The secretary
shall appoint, after consultation with the commission, an
executive director who shall act to carry out this chapter.
The secretary shall also employ such professional, secretarial, clerical, and other assistants as may be necessary to
effectively administer this chapter. The secretary shall fix
the compensation and provide for travel expenses for the
(2002 Ed.)
Nursing Care
executive director and all such employees, in accordance
with RCW 43.03.050 and 43.03.060. [1994 sp.s. c 9 § 413.]
18.79.140 Executive director—Qualifications. The
executive director must be a graduate of an approved nursing
education program and of a college or university, with a
masters’ degree, and currently licensed as a registered nurse
under this chapter; have a minimum of eight years’ experience in nursing in any combination of administration and
nursing education; and have been actively engaged in the
practice of registered nursing or nursing education within
two years immediately before the time of appointment.
[1994 sp.s. c 9 § 414.]
18.79.150 Schools and programs—Requirements—
Approval. An institution desiring to conduct a school of
registered nursing or a school or program of practical
nursing, or both, shall apply to the commission and submit
evidence satisfactory to the commission that:
(1) It is prepared to carry out the curriculum approved
by the commission for basic registered nursing or practical
nursing, or both; and
(2) It is prepared to meet other standards established by
law and by the commission.
The commission shall make, or cause to be made, such
surveys of the schools and programs, and of institutions and
agencies to be used by the schools and programs, as it
determines are necessary. If in the opinion of the commission, the requirements for an approved school of registered
nursing or a school or program of practical nursing, or both,
are met, the commission shall approve the school or program. [1994 sp.s. c 9 § 415.]
18.79.160 Applicants—Required documentation—
Criteria—Rules. (1) An applicant for a license to practice
as a registered nurse shall submit to the commission:
(a) An attested written application on a department
form;
(b) Written official evidence of a diploma from an
approved school of nursing; and
(c) Any other official records specified by the commission.
(2) An applicant for a license to practice as an advanced
registered nurse practitioner shall submit to the commission:
(a) An attested written application on a department
form;
(b) Written official evidence of completion of an
advanced registered nurse practitioner training program
meeting criteria established by the commission; and
(c) Any other official records specified by the commission.
(3) An applicant for a license to practice as a licensed
practical nurse shall submit to the commission:
(a) An attested written application on a department
form;
(b) Written official evidence that the applicant is over
the age of eighteen;
(c) Written official evidence of a high school diploma
or general education development certificate or diploma;
(d) Written official evidence of completion of an
approved practical nursing program, or its equivalent; and
(2002 Ed.)
18.79.130
(e) Any other official records specified by the commission.
(4) At the time of submission of the application, the
applicant for a license to practice as a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse must not be in violation of chapter 18.130 RCW or
this chapter.
(5) The commission shall establish by rule the criteria
for evaluating the education of all applicants. [1994 sp.s. c
9 § 416.]
18.79.170 Examination—Rules. An applicant for a
license to practice as a registered nurse, advanced registered
nurse practitioner, or licensed practical nurse must pass an
examination in subjects determined by the commission. The
examination may be supplemented by an oral or practical
examination. The commission shall establish by rule the
requirements for applicants who have failed the examination
to qualify for reexamination. [1994 sp.s. c 9 § 417.]
18.79.180 Interim permits—License—Expiration
upon failure. When authorized by the commission, the
department shall issue an interim permit authorizing the
applicant to practice registered nursing, advanced registered
nursing, or licensed practical nursing, as appropriate, from
the time of verification of the completion of the school or
training program until notification of the results of the
examination. Upon the applicant passing the examination,
and if all other requirements established by the commission
for licensing are met, the department shall issue the applicant
a license to practice registered nursing, advanced registered
nursing, or licensed practical nursing, as appropriate. If the
applicant fails the examination, the interim permit expires
upon notification to the applicant, and is not renewable. The
holder of an interim permit is subject to chapter 18.130
RCW. [1994 sp.s. c 9 § 418.]
18.79.190 Reciprocity—Foreign programs—
Examination. Upon approval of the application by the
commission, the department shall issue a license by endorsement without examination to practice as a registered nurse or
as a licensed practical nurse to a person who is licensed as
a registered nurse or licensed practical nurse under the laws
of another state, territory, or possession of the United States,
and who meets all other qualifications for licensing.
An applicant who has graduated from a school or
program of nursing outside the United States and is licensed
as a registered nurse or licensed practical nurse, or their
equivalents, outside the United States must meet all qualifications required by this chapter and pass examinations as
determined by the commission. [1994 sp.s. c 9 § 419.]
18.79.200 License procedures, requirements, fees.
An applicant for a license to practice as a registered nurse,
advanced registered nurse practitioner, or licensed practical
nurse shall comply with administrative procedures, administrative requirements, and fees as determined under RCW
43.70.250 and 43.70.280. [1996 c 191 § 62; 1994 sp.s. c 9
§ 420.]
[Title 18 RCW—page 219]
18.79.210
Title 18 RCW: Businesses and Professions
18.79.210 License renewal—Procedures, requirements, fees. A license issued under this chapter must be
renewed, except as provided in this chapter. The licensee
shall comply with administrative procedures, administrative
requirements, and fees as determined under RCW 43.70.250
and 43.70.280. [1996 c 191 § 63; 1994 sp.s. c 9 § 421.]
18.79.230 Temporary retirement—Renewal—Fee—
Qualification. A person licensed under this chapter who
desires to retire temporarily from registered nursing practice,
advanced registered nursing practice, or licensed practical
nursing practice in this state shall send a written notice to
the secretary.
Upon receipt of the notice the department shall place the
name of the person on inactive status. While remaining on
this status the person shall not practice in this state any form
of nursing provided for in this chapter. When the person
desires to resume practice, the person shall apply to the commission for renewal of the license and pay a renewal fee to
the state treasurer. Persons on inactive status for three years
or more must provide evidence of knowledge and skill of
current practice as required by the commission or as provided in this chapter. [1994 sp.s. c 9 § 423.]
18.79.240 Construction. (1) In the context of the
definition of registered nursing practice and advanced
registered nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by
domestic servants or persons primarily employed as housekeepers, so long as they do not practice registered nursing
within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of nursing by students
enrolled in approved schools as may be incidental to their
course of study or prohibiting the students from working as
nursing aides;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing
services, including those duties that involve minor nursing
services for persons performed in hospitals, nursing homes,
or elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting the practice of nursing in this state by a
legally qualified nurse of another state or territory whose
engagement requires him or her to accompany and care for
a patient temporarily residing in this state during the period
of one such engagement, not to exceed six months in length,
if the person does not represent or hold himself or herself
out as a registered nurse licensed to practice in this state;
(f) Prohibiting nursing or care of the sick, with or
without compensation, when done in connection with the
practice of the religious tenets of a church by adherents of
the church so long as they do not engage in the practice of
nursing as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse
of another state who is employed by the United States
government or a bureau, division, or agency thereof, while
in the discharge of his or her official duties;
[Title 18 RCW—page 220]
(h) Permitting the measurement of the powers or range
of human vision, or the determination of the accommodation
and refractive state of the human eye or the scope of its
functions in general, or the fitting or adaptation of lenses for
the aid thereof;
(i) Permitting the prescribing or directing the use of, or
using, an optical device in connection with ocular exercises,
visual training, vision training, or orthoptics;
(j) Permitting the prescribing of contact lenses for, or
the fitting and adaptation of contact lenses to, the human
eye;
(k) Prohibiting the performance of routine visual
screening;
(l) Permitting the practice of dentistry or dental hygiene
as defined in chapters 18.32 and 18.29 RCW, respectively;
(m) Permitting the practice of chiropractic as defined in
chapter 18.25 RCW including the adjustment or manipulation
of the articulation of the spine;
(n) Permitting the practice of podiatric medicine and
surgery as defined in chapter 18.22 RCW;
(o) Permitting the performance of major surgery, except
such minor surgery as the commission may have specifically
authorized by rule adopted in accordance with chapter 34.05
RCW;
(p) Permitting the prescribing of controlled substances
as defined in Schedules I through IV of the Uniform
Controlled Substances Act, chapter 69.50 RCW, except as
provided in (r) or (s) of this subsection;
(q) Prohibiting the determination and pronouncement of
death;
(r) Prohibiting advanced registered nurse practitioners,
approved by the commission as certified registered nurse
anesthetists from selecting, ordering, or administering
controlled substances as defined in Schedules II through IV
of the Uniform Controlled Substances Act, chapter 69.50
RCW, consistent with their commission-recognized scope of
practice; subject to facility-specific protocols, and subject to
a request for certified registered nurse anesthetist anesthesia
services issued by a physician licensed under chapter 18.71
RCW, an osteopathic physician and surgeon licensed under
chapter 18.57 RCW, a dentist licensed under chapter 18.32
RCW, or a podiatric physician and surgeon licensed under
chapter 18.22 RCW; the authority to select, order, or administer Schedule II through IV controlled substances being
limited to those drugs that are to be directly administered to
patients who require anesthesia for diagnostic, operative,
obstetrical, or therapeutic procedures in a hospital, clinic,
ambulatory surgical facility, or the office of a practitioner
licensed under chapter 18.71, 18.22, 18.36, 18.36A, 18.57,
18.57A, or 18.32 RCW; "select" meaning the decisionmaking process of choosing a drug, dosage, route, and time
of administration; and "order" meaning the process of
directing licensed individuals pursuant to their statutory
authority to directly administer a drug or to dispense, deliver,
or distribute a drug for the purpose of direct administration
to a patient, under instructions of the certified registered
nurse anesthetist. "Protocol" means a statement regarding
practice and documentation concerning such items as
categories of patients, categories of medications, or categories of procedures rather than detailed case-specific formulas
for the practice of nurse anesthesia;
(2002 Ed.)
Nursing Care
(s) Prohibiting advanced registered nurse practitioners
from ordering or prescribing controlled substances as defined
in Schedules II through IV of the Uniform Controlled
Substances Act, chapter 69.50 RCW, if and to the extent: (i)
Doing so is permitted by their scope of practice; (ii) it is in
response to a combined request from one or more physicians
licensed under chapter 18.71 or 18.57 RCW and an advanced
registered nurse practitioner licensed under this chapter,
proposing a joint practice arrangement under which such prescriptive authority will be exercised with appropriate
collaboration between the practitioners; and (iii) it is consistent with rules adopted under this subsection. The medical
quality assurance commission, the board of osteopathic
medicine and surgery, and the commission are directed to
jointly adopt by consensus by rule a process and criteria that
implements the joint practice arrangements authorized under
this subsection. This subsection (1)(s) does not apply to
certified registered nurse anesthetists.
(2) In the context of the definition of licensed practical
nursing practice, this chapter shall not be construed as:
(a) Prohibiting the incidental care of the sick by
domestic servants or persons primarily employed as housekeepers, so long as they do not practice practical nursing
within the meaning of this chapter;
(b) Preventing a person from the domestic administration of family remedies or the furnishing of nursing assistance in case of emergency;
(c) Prohibiting the practice of practical nursing by
students enrolled in approved schools as may be incidental
to their course of study or prohibiting the students from
working as nursing assistants;
(d) Prohibiting auxiliary services provided by persons
carrying out duties necessary for the support of nursing
services, including those duties that involve minor nursing
services for persons performed in hospitals, nursing homes,
or elsewhere under the direction of licensed physicians or the
supervision of licensed registered nurses;
(e) Prohibiting or preventing the practice of nursing in
this state by a legally qualified nurse of another state or
territory whose engagement requires him or her to accompany and care for a patient temporarily residing in this state
during the period of one such engagement, not to exceed six
months in length, if the person does not represent or hold
himself or herself out as a licensed practical nurse licensed
to practice in this state;
(f) Prohibiting nursing or care of the sick, with or
without compensation, when done in connection with the
practice of the religious tenets of a church by adherents of
the church so long as they do not engage in licensed
practical nurse practice as defined in this chapter;
(g) Prohibiting the practice of a legally qualified nurse
of another state who is employed by the United States
government or any bureau, division, or agency thereof, while
in the discharge of his or her official duties. [2000 c 64 §
3; 1994 sp.s. c 9 § 424.]
Effective date—2000 c 64 §§ 1-3: See note following RCW
18.79.255.
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.250 Advanced registered nurse practitioner—
Activities allowed. An advanced registered nurse practitio(2002 Ed.)
18.79.240
ner under his or her license may perform for compensation
nursing care, as that term is usually understood, of the ill,
injured, or infirm, and in the course thereof, she or he may
do the following things that shall not be done by a person
not so licensed, except as provided in RCW 18.79.260 and
18.79.270:
(1) Perform specialized and advanced levels of nursing
as recognized jointly by the medical and nursing professions,
as defined by the commission;
(2) Prescribe legend drugs and Schedule V controlled
substances, as defined in the Uniform Controlled Substances
Act, chapter 69.50 RCW, and Schedules II through IV
subject to RCW 18.79.240(1) (r) or (s) within the scope of
practice defined by the commission;
(3) Perform all acts provided in RCW 18.79.260;
(4) Hold herself or himself out to the public or designate herself or himself as an advanced registered nurse
practitioner or as a nurse practitioner. [2000 c 64 § 4; 1994
sp.s. c 9 § 425.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.255 Limitation on dispensing Schedules II
through IV controlled substances. The dispensing of
Schedules II through IV controlled substances subject to
RCW 18.79.240(1)(s) is limited to a maximum of a seventytwo-hour supply of the prescribed controlled substance.
[2000 c 64 § 1.]
Effective date—2000 c 64 §§ 1-3: "Sections 1 through 3 of this act
take effect July 1, 2000." [2000 c 64 § 8.]
Severability—2000 c 64: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 64 § 9.]
18.79.260 Registered nurse—Activities allowed—
Delegation of tasks. (1) A registered nurse under his or her
license may perform for compensation nursing care, as that
term is usually understood, of the ill, injured, or infirm.
(2) A registered nurse may, at or under the general
direction of a licensed physician and surgeon, dentist,
osteopathic physician and surgeon, naturopathic physician,
podiatric physician and surgeon, physician assistant, osteopathic physician assistant, or advanced registered nurse
practitioner acting within the scope of his or her license,
administer medications, treatments, tests, and inoculations,
whether or not the severing or penetrating of tissues is involved and whether or not a degree of independent judgment
and skill is required. Such direction must be for acts which
are within the scope of registered nursing practice.
(3) A registered nurse may delegate tasks of nursing
care to other individuals where the registered nurse determines that it is in the best interest of the patient.
(a) The delegating nurse shall:
(i) Determine the competency of the individual to
perform the tasks;
(ii) Evaluate the appropriateness of the delegation;
(iii) Supervise the actions of the person performing the
delegated task; and
(iv) Delegate only those tasks that are within the
registered nurse’s scope of practice.
(b) A registered nurse may not delegate acts requiring
substantial skill, the administration of medications, or
[Title 18 RCW—page 221]
18.79.260
Title 18 RCW: Businesses and Professions
piercing or severing of tissues except to registered or
certified nursing assistants who provide care to individuals
in community-based care settings as authorized under (d) of
this subsection. Acts that require nursing judgment shall not
be delegated.
(c) No person may coerce a nurse into compromising
patient safety by requiring the nurse to delegate if the nurse
determines that it is inappropriate to do so. Nurses shall not
be subject to any employer reprisal or disciplinary action by
the nursing care quality assurance commission for refusing
to delegate tasks or refusing to provide the required training
for delegation if the nurse determines delegation may
compromise patient safety.
(d) For delegation in community-based care settings, a
registered nurse may delegate nursing care tasks only to
registered or certified nursing assistants. Simple care tasks
such as blood pressure monitoring, personal care service, or
other tasks as defined by the nursing care quality assurance
commission are exempted from this requirement. "Community-based care settings" includes: Community residential
programs for the developmentally disabled, certified by the
department of social and health services under chapter
71A.12 RCW; adult family homes licensed under chapter
70.128 RCW; and boarding homes licensed under chapter
18.20 RCW. Community-based care settings do not include
acute care or skilled nursing facilities.
(i) Delegation of nursing care tasks in community-based
care settings is only allowed for individuals who have a
stable and predictable condition. "Stable and predictable
condition" means a situation in which the individual’s
clinical and behavioral status is known and does not require
the frequent presence and evaluation of a registered nurse.
(ii) The determination of the appropriateness of delegation of a nursing task is at the discretion of the registered
nurse. However, the administration of medications by
injection, sterile procedures, and central line maintenance
may never be delegated.
(iii) The registered nurse shall verify that the nursing assistant has completed the required core nurse delegation
training required in chapter 18.88A RCW prior to authorizing delegation.
(iv) The nurse is accountable for his or her own
individual actions in the delegation process. Nurses acting
within the protocols of their delegation authority are immune
from liability for any action performed in the course of their
delegation duties.
(v) On or before June 30, 2001, the nursing care quality
assurance commission, in conjunction with the professional
nursing organizations and the department of social and health
services, shall make any needed revisions or additions to
nurse delegation protocols by rule, including standards for
nurses to obtain informed consent prior to the delegation of
nursing care tasks. Nursing task delegation protocols are not
intended to regulate the settings in which delegation may
occur, but are intended to ensure that nursing care services
have a consistent standard of practice upon which the public
and the profession may rely, and to safeguard the authority
of the nurse to make independent professional decisions
regarding the delegation of a task.
(e) The nursing care quality assurance commission may
adopt rules to implement this section.
[Title 18 RCW—page 222]
(4) Only a person licensed as a registered nurse may
instruct nurses in technical subjects pertaining to nursing.
(5) Only a person licensed as a registered nurse may
hold herself or himself out to the public or designate herself
or himself as a registered nurse. [2000 c 95 § 3; 1995 1st
sp.s. c 18 § 51; 1995 c 295 § 1; 1994 sp.s. c 9 § 426.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Effective date—1995 c 295: "This act shall take effect August 1,
1996." [1995 c 295 § 4.]
18.79.270 Licensed practical nurse—Activities
allowed. A licensed practical nurse under his or her license
may perform nursing care, as that term is usually understood,
of the ill, injured, or infirm, and in the course thereof may,
under the direction of a licensed physician and surgeon, osteopathic physician and surgeon, dentist, naturopathic
physician, podiatric physician and surgeon, physician
assistant, osteopathic physician assistant, advanced registered
nurse practitioner acting under the scope of his or her license, or at the direction and under the supervision of a
registered nurse, administer drugs, medications, treatments,
tests, injections, and inoculations, whether or not the piercing
of tissues is involved and whether or not a degree of
independent judgment and skill is required, when selected to
do so by one of the licensed practitioners designated in this
section, or by a registered nurse who need not be physically
present; if the order given is reduced to writing within a
reasonable time and made a part of the patient’s record.
Such direction must be for acts within the scope of licensed
practical nurse practice. [1995 c 295 § 2; 1994 sp.s. c 9 §
427.]
Effective date—1995 c 295: See note following RCW 18.79.260.
18.79.280 Medication, tests, treatments allowed. It
is not a violation of chapter 18.71 RCW or of chapter 18.57
RCW for a registered nurse, at or under the general direction
of a licensed physician and surgeon, or osteopathic physician
and surgeon, to administer prescribed drugs, injections,
inoculations, tests, or treatment whether or not the piercing
of tissues is involved. [1994 sp.s. c 9 § 428.]
18.79.290 Catheterization of students—Rules. (1)
In accordance with rules adopted by the commission, public
school districts and private schools that offer classes for any
of grades kindergarten through twelve may provide for clean,
intermittent bladder catheterization of students or assisted
self-catheterization of students who are in the custody of the
school district or private school at the time. After consultation with staff of the superintendent of public instruction, the
commission shall adopt rules in accordance with chapter
34.05 RCW, that provide for the following and such other
matters as the commission deems necessary to the proper
implementation of this section:
(a) A requirement for a written, current, and unexpired
request from a parent, legal guardian, or other person having
legal control over the student that the school district or
private school provide for the catheterization of the student;
(b) A requirement for a written, current, and unexpired
request from a physician licensed under chapter 18.71 or
18.57 RCW, that catheterization of the student be provided
(2002 Ed.)
Nursing Care
for during the hours when school is in session or the hours
when the student is under the supervision of school officials;
(c) A requirement for written, current, and unexpired
instructions from an advanced registered nurse practitioner
or a registered nurse licensed under this chapter regarding
catheterization that include (i) a designation of the school
district or private school employee or employees who may
provide for the catheterization, and (ii) a description of the
nature and extent of any required supervision; and
(d) The nature and extent of acceptable training that
shall (i) be provided by a physician, advanced registered
nurse practitioner, or registered nurse licensed under chapter
18.71 or 18.57 RCW, or this chapter, and (ii) be required of
school district or private school employees who provide for
the catheterization of a student under this section, except that
a licensed practical nurse licensed under this chapter is
exempt from training.
(2) This section does not require school districts to
provide intermittent bladder catheterization of students.
[1994 sp.s. c 9 § 429.]
Catheterization of public and private school students: RCW 28A.210.280
and 28A.210.290.
18.79.300 Department—Rules for administration.
The department, subject to chapter 34.05 RCW, the Washington Administrative Procedure Act, may adopt such
reasonable rules as may be necessary to carry out the duties
imposed upon it in the administration of this chapter. [1994
sp.s. c 9 § 430.]
18.79.310 Rules, regulations, decisions of previous
boards—Effect. As of July 1, 1994, all rules, regulations,
decisions, and orders of the board of nursing under *chapter
18.88 RCW or the board of practical nursing under *chapter
18.78 RCW continue to be in effect under the commission,
until the commission acts to modify the rules, regulations,
decisions, or orders. [1994 sp.s. c 9 § 431.]
*Reviser’s note: Chapters 18.88 and 18.78 RCW were repealed by
1994 sp.s. c 9 § 433, effective July 1, 1994.
18.79.320 Joint practice arrangements. The commission is directed to jointly adopt by consensus, with the
medical quality assurance commission and the board of
osteopathic medicine and surgery, a process and criteria that
implements the joint practice arrangements authorized under
RCW 18.79.240(1)(s). [2000 c 64 § 7.]
Severability—2000 c 64: See note following RCW 18.79.255.
18.79.900 Severability—1994 sp.s. c 9. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1994 sp.s. c 9 § 904.]
18.79.901 Headings and captions not law—1994
sp.s. c 9. Headings and captions used in this act constitute
no part of the law. [1994 sp.s. c 9 § 905.]
18.79.902 Effective date—1994 sp.s. c 9. This act
takes effect July 1, 1994. [1994 sp.s. c 9 § 906.]
(2002 Ed.)
18.79.290
Chapter 18.83
PSYCHOLOGISTS
Sections
18.83.005 Regulation of health care professions—Criteria.
18.83.010 Definitions.
18.83.020 License required—Use of "psychology" or similar terms.
18.83.035 Examining board—Composition—Terms—Chairperson.
18.83.045 Examining board—Generally.
18.83.050 Examining board—Powers and duties.
18.83.051 Examining board—Compensation and travel expenses.
18.83.054 Application of uniform disciplinary act.
18.83.060 Application, examination—Fees.
18.83.070 Applicants—Qualifications—Examination.
18.83.072 Examinations.
18.83.080 Licenses—Issuance—Display.
18.83.082 Temporary permit.
18.83.090 Continuing education requirements—License renewal.
18.83.105 Certificates of qualification.
18.83.110 Privileged communications.
18.83.115 Duty to disclose information to client.
18.83.121 Unprofessional conduct.
18.83.135 Examining board—Powers and duties.
18.83.155 Examining board—Notice of disciplinary action.
18.83.170 Endorsement.
18.83.180 Penalties.
18.83.190 Injunction.
18.83.200 Exemptions.
18.83.210 Certain counseling or guidance not prohibited.
18.83.900 Severability—1965 c 70.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
18.83.005 Regulation of health care professions—
Criteria. See chapter 18.120 RCW.
18.83.010 Definitions. When used in this chapter:
(1) The "practice of psychology" means the observation,
evaluation, interpretation, and modification of human
behavior by the application of psychological principles,
methods, and procedures for the purposes of preventing or
eliminating symptomatic or maladaptive behavior and
promoting mental and behavioral health. It includes, but is
not limited to, providing the following services to individuals, families, groups, organizations, and the public, whether
or not payment is received for services rendered:
(a) Psychological measurement, assessment, and
evaluation by means of psychological, neuropsychological,
and psychoeducational testing;
(b) Diagnosis and treatment of mental, emotional, and
behavioral disorders, and psychological aspects of illness,
injury, and disability; and
(c) Counseling and guidance, psychotherapeutic techniques, remediation, health promotion, and consultation
within the context of established psychological principles and
theories.
This definition does not include the teaching of principles of psychology for accredited educational institutions, or
the conduct of research in problems of human or animal
behavior.
Nothing in this definition shall be construed as permitting the administration or prescribing of drugs or in any way
infringing upon the practice of medicine and surgery as
defined in chapter 18.71 RCW.
(2) "Secretary" means the secretary of health.
(3) "Board" means the examining board of psychology.
[Title 18 RCW—page 223]
18.83.010
Title 18 RCW: Businesses and Professions
(4) "Department" means the department of health.
[1994 c 35 § 1; 1991 c 3 § 193; 1984 c 279 § 75; 1979 c
158 § 67; 1965 c 70 § 1; 1955 c 305 § 1.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.020 License required—Use of "psychology"
or similar terms. (1) To safeguard the people of the state
of Washington from the dangers of unqualified and improper
practice of psychology, it is unlawful for any person to
whom this chapter applies to represent himself or herself to
be a psychologist without first obtaining a license as provided in this chapter.
(2) A person represents himself or herself to be a
psychologist when the person adopts or uses any title or any
description of services which incorporates one or more of the
following terms: "psychology," "psychological," "psychologist," or any term of like import. [1986 c 27 § 1; 1965
c 70 § 2; 1955 c 305 § 2.]
18.83.035 Examining board—Composition—
Terms—Chairperson. There is created the examining
board of psychology which shall examine the qualifications
of applicants for licensing. The board shall consist of seven
psychologists and two public members, all appointed by the
governor. The public members shall not be and have never
been psychologists or in training to be psychologists; they
may not have any household member who is a psychologist
or in training to be a psychologist; they may not participate
or ever have participated in a commercial or professional
field related to psychology, nor have a household member
who has so participated; and they may not have had within
two years before appointment a substantial financial interest
in a person regulated by the board. Each psychologist
member of the board shall be a citizen of the United States
who has actively practiced psychology in the state of
Washington for at least three years immediately preceding
appointment and who is licensed under this chapter. Board
members shall be appointed for a term of five years, except
that the terms of the existing appointees shall be adjusted by
the governor so that no more than two members’ terms
expire each year with all subsequent appointments for a fiveyear term. Upon the death, resignation, or removal of a
member, the governor shall appoint a successor to serve for
the unexpired term. The board shall elect one of its members to serve as chairperson. [1989 c 226 § 1; 1986 c 27 §
2; 1984 c 279 § 76.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.045 Examining board—Generally. The board
shall meet at least once each year and at such other times as
the board deems appropriate to properly discharge its duties.
All meetings shall be held in Olympia, Washington, or such
other places as may be designated by the secretary. Five
members of the board shall constitute a quorum, except that
oral examinations may be conducted with only three psychologist members. [1991 c 3 § 195; 1984 c 279 § 77.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.050 Examining board—Powers and duties.
(1) The board shall adopt such rules as it deems necessary
to carry out its functions.
[Title 18 RCW—page 224]
(2) The board shall examine the qualifications of
applicants for licensing under this chapter, to determine
which applicants are eligible for licensing under this chapter
and shall forward to the secretary the names of applicants so
eligible.
(3) The board shall administer examinations to qualified
applicants on at least an annual basis. The board shall
determine the subject matter and scope of the examinations
and shall require both written and oral examinations of each
applicant, except as provided in RCW 18.83.170. The board
may allow applicants to take the written examination upon
the granting of their doctoral degree before completion of
their internship for supervised experience.
(4) The board shall keep a complete record of its own
proceedings, of the questions given in examinations, of the
names and qualifications of all applicants, and the names and
addresses of all licensed psychologists. The examination
paper of such applicant shall be kept on file for a period of
at least one year after examination.
(5) The board shall, by rule, adopt a code of ethics for
psychologists which is designed to protect the public interest.
(6) The board may require that persons licensed under
this chapter as psychologists obtain and maintain professional liability insurance in amounts determined by the board to
be practicable and reasonably available. [1994 c 35 § 2;
1991 c 3 § 196; 1986 c 27 § 3; 1984 c 279 § 78; 1965 c 70
§ 5; 1955 c 305 § 5.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.051 Examining board—Compensation and
travel expenses. Each member of the board shall be
compensated in accordance with RCW 43.03.240 and in
addition thereto shall be reimbursed for travel expenses
incurred in carrying out the duties of the board in accordance
with RCW 43.03.050 and 43.03.060. [1984 c 287 § 48;
1983 c 168 § 10; 1975-’76 2nd ex.s. c 34 § 48; 1969 ex.s.
c 199 § 19; 1965 c 70 § 21.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1983 c 168: See RCW 18.120.910.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.83.054 Application of uniform disciplinary act.
(1) The uniform disciplinary act, chapter 18.130 RCW,
governs unlicensed practice, the issuance and denial of
licenses, and the discipline of licensees under this chapter,
except that the term "unlicensed practice" shall be defined by
RCW 18.83.180 rather than RCW 18.130.020.
(2) A person who holds a license under this chapter is
subject to the uniform disciplinary act, chapter 18.130 RCW,
at all times the license is maintained. [1999 c 66 § 1; 1987
c 150 § 51.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.060 Application, examination—Fees. Administrative procedures, administrative requirements, and fees for
applications and examinations shall be established as
provided in RCW 43.70.250 and 43.70.280. [1996 c 191 §
64; 1991 c 3 § 197; 1984 c 279 § 79; 1975 1st ex.s. c 30 §
72; 1965 c 70 § 6; 1955 c 305 § 6.]
(2002 Ed.)
Psychologists
Severability—1984 c 279: See RCW 18.130.901.
18.83.070 Applicants—Qualifications—Examination.
An applicant for a license as "psychologist" must submit
proof to the board that:
(1) The applicant is of good moral character.
(2) The applicant holds a doctoral degree from a
regionally accredited institution, obtained from an integrated
program of graduate study in psychology as defined by rules
of the board.
(3) The applicant has had no fewer than two years of
supervised experience, at least one of which shall have been
obtained subsequent to the granting of the doctoral degree.
The board shall adopt rules defining the circumstances under
which supervised experience shall qualify the candidate for
licensure.
(4) The applicant has passed the written or oral examinations, or both, as prescribed by the board.
Any person holding a valid license to practice psychology in the state of Washington on June 7, 1984, shall be
considered licensed under this chapter. [1995 c 198 § 11;
1984 c 279 § 80; 1965 c 70 § 7; 1955 c 305 § 7.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.072 Examinations. (1) Examination of applicants shall be held in Olympia, Washington, or at such other
place as designated by the secretary, at least annually at such
times as the board may determine.
(2) Any applicant shall have the right to discuss with
the board his or her performance on the examination.
(3) Any applicant who fails to make a passing grade on
the examination may be allowed to retake the examination.
Any applicant who fails the examination a second time must
obtain special permission from the board to take the examination again.
(4) The board may approve an examination prepared or
administered by a private testing agency or association of
licensing authorities. [1996 c 191 § 65; 1995 c 198 § 12;
1991 c 3 § 198; 1984 c 279 § 81; 1971 ex.s. c 266 § 15;
1965 c 70 § 20.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.080 Licenses—Issuance—Display. The board
shall forward to the secretary the name of each applicant
entitled to a license under this chapter. The secretary shall
promptly issue to such applicant a license authorizing such
applicant to use the title "psychologist". Each licensed
psychologist shall keep his or her license displayed in a
conspicuous place in his or her principal place of business.
[1996 c 191 § 66; 1991 c 3 § 199; 1986 c 27 § 4; 1965 c 70
§ 8; 1955 c 305 § 8.]
18.83.082 Temporary permit. A person, not licensed
in this state, who wishes to perform practices under the
provisions of this chapter for a period not to exceed ninety
days within a calendar year, must petition the board for a
temporary permit to perform such practices. If the person is
licensed or certified in another state deemed by the board to
have standards equivalent to this chapter, a permit may be
issued. No fee shall be charged for such temporary permit.
(2002 Ed.)
18.83.060
[1996 c 191 § 67; 1984 c 279 § 82; 1975 1st ex.s. c 30 §
73; 1965 c 70 § 23.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.090 Continuing education requirements—
License renewal. The board shall establish rules governing
mandatory continuing education requirements which shall be
met by any psychologist applying for a license renewal.
Administrative procedures, administrative requirements, and
fees for renewal and reissue of licenses shall be established
as provided in RCW 43.70.250 and 43.70.280. [1996 c 191
§ 68; 1991 c 3 § 200; 1984 c 279 § 83; 1977 c 58 § 1; 1975
1st ex.s. c 30 § 74; 1971 ex.s. c 266 § 16; 1965 c 70 § 9;
1955 c 305 § 9.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.105 Certificates of qualification. The board
may issue certificates of qualification with appropriate title
to applicants who meet all the licensing requirements except
the possession of the degree of Doctor of Philosophy or its
equivalent in psychology from an accredited educational
institution. These certificates of qualification certify that the
holder has been examined by the board and is deemed
competent to perform certain functions within the practice of
psychology under the periodic direct supervision of a
psychologist licensed by the board. Such functions will be
specified on the certificate issued by the board. Such
applicant shall comply with administrative procedures,
administrative requirements, and fees determined under
RCW 43.70.250 and 43.70.280. Upon petition by a holder
the board of examiners may grant authority to function
without immediate supervision. [1996 c 191 § 69; 1991 c 3
§ 201; 1985 c 7 § 67; 1975 1st ex.s. c 30 § 75; 1965 c 70 §
22.]
18.83.110 Privileged communications. Confidential
communications between a client and a psychologist shall be
privileged against compulsory disclosure to the same extent
and subject to the same conditions as confidential communications between attorney and client, but this exception is
subject to the limitations under RCW 70.96A.140 and
71.05.250. [1989 c 271 § 303; 1987 c 439 § 12; 1965 c 70
§ 11; 1955 c 305 § 11.]
Severability—1989 c 271: See note following RCW 9.94A.510.
18.83.115 Duty to disclose information to client. (1)
Psychologists licensed under this chapter shall provide
clients at the commencement of any program of treatment
with accurate disclosure information concerning their practice, in accordance with guidelines developed by the board,
which will inform clients of the purposes of and resources
available under this chapter, including the right of clients to
refuse treatment, the responsibility of clients for choosing the
provider and treatment modality which best suits their needs,
and the extent of confidentiality provided by this chapter.
The disclosure information provided by the psychologist, the
receipt of which shall be acknowledged in writing by the
psychologist and client, shall include any relevant education
and training, the therapeutic orientation of the practice, the
proposed course of treatment where known, any financial
[Title 18 RCW—page 225]
18.83.115
Title 18 RCW: Businesses and Professions
requirements, and such other information as the board may
require by rule.
(2) In in-patient settings, the health facility shall provide
clients with the disclosure statement at the commencement
of any program of treatment, and shall post the statement in
a conspicuous location accessible to the client.
(3) The board shall provide for modification of the
guidelines as appropriate in cases where the client has been
referred by the court, a state agency, or other governmental
body to a particular provider for specified evaluation or
treatment. [1986 c 27 § 9.]
18.83.121 Unprofessional conduct. In addition to
those acts defined in chapter 18.130 RCW, the board may
take disciplinary action under RCW 18.130.160 for the following reasons:
(1) Failing to maintain the confidentiality of information
under RCW 18.83.110;
(2) Violating the ethical code developed by the board
under RCW 18.83.050;
(3) Failing to inform prospective research subjects or
their authorized representatives of the possible serious effects
of participation in research; and failing to undertake reasonable efforts to remove possible harmful effects of participation;
(4) Practicing in an area of psychology for which the
person is clearly untrained or incompetent;
(5) Failing to exercise appropriate supervision over
persons who practice under the supervision of a psychologist;
(6) Using fraud or deceit in the procurement of the
psychology license, or knowingly assisting another in the
procurement of such a license through fraud or deceit;
(7) Failing to maintain professional liability insurance
when required by the board;
(8) Violating any state statute or administrative rule
specifically governing the practice of psychology; or
(9) Gross, wilful, or continued overcharging for professional services. [1987 c 150 § 52.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.135 Examining board—Powers and duties. In
addition to the authority prescribed under RCW 18.130.050,
the board shall have the following authority:
(1) To maintain records of all activities, and to publish
and distribute to all psychologists at least once each year
abstracts of significant activities of the board;
(2) To obtain the written consent of the complaining
client or patient or their legal representative, or of any
person who may be affected by the complaint, in order to
obtain information which otherwise might be confidential or
privileged; and
(3) To apply the provisions of the uniform disciplinary
act, chapter 18.130 RCW, to all persons licensed as psychologists under this chapter. [2000 c 93 § 7; 1999 c 66 § 2;
1994 c 35 § 4; 1992 c 12 § 1; 1987 c 150 § 53; 1984 c 279
§ 86.]
18.83.155 Examining board—Notice of disciplinary
action. The board shall report to appropriate national and
state organizations which represent the profession of psychology any disciplinary action. [1994 c 35 § 5; 1987 c 150
§ 54; 1984 c 279 § 89.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1984 c 279: See RCW 18.130.901.
18.83.170 Endorsement. Upon compliance with
administrative procedures, administrative requirements, and
fees determined under RCW 43.70.250 and 43.70.280, the
board may grant a license, without written examination, to
any applicant who has not previously failed any examination
held by the board of psychology of the state of Washington
and furnishes evidence satisfactory to the board that the
applicant:
(1) Holds a doctoral degree with primary emphasis on
psychology from an accredited college or university; and
(2) Is licensed or certified to practice psychology in
another state or country in which the requirements for such
licensing or certification are, in the judgment of the board,
essentially equivalent to those required by this chapter and
the rules and regulations of the board. Such individuals
must have been licensed or certified in another state for a
period of at least two years; or
(3) Is a diplomate in good standing of the American
Board of Examiners in Professional Psychology. [1996 c
191 § 70; 1991 c 3 § 202; 1984 c 279 § 92; 1975 1st ex.s.
c 30 § 76; 1965 c 70 § 17; 1955 c 305 § 17.]
Severability—1984 c 279: See RCW 18.130.901.
18.83.180 Penalties. It shall be a gross misdemeanor
and unlicensed practice for any person to:
(1) Use in connection with his or her name any designation tending to imply that he or she is a licensed psychologist unless duly licensed under or specifically excluded from
the provisions of this chapter;
(2) Practice as a licensed psychologist during the time
his or her license issued under the provisions of this chapter
is suspended or revoked. [1987 c 150 § 55; 1965 c 70 § 18;
1955 c 305 § 18.]
Severability—1987 c 150: See RCW 18.122.901.
18.83.190 Injunction. If any person represents
himself or herself to be a psychologist, unless the person is
exempt from the provisions of this chapter, without possessing a valid license, certificated qualification, or a temporary
permit to do so, or if he or she violates any of the provisions
of this chapter, any prosecuting attorney, the secretary, or
any citizen of the same county may maintain an action in the
name of the state to enjoin such person from representing
himself or herself as a psychologist. The injunction shall not
relieve the person from criminal prosecution, but the remedy
by injunction shall be in addition to the liability of such
offender to criminal prosecution and to suspension or revocation of his or her license. [1991 c 3 § 203; 1986 c 27 § 8;
1965 c 70 § 24.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1984 c 279: See RCW 18.130.901.
18.83.200
Exemptions. This chapter shall not apply
to:
[Title 18 RCW—page 226]
(2002 Ed.)
Psychologists
(1) Any person teaching, lecturing, consulting, or
engaging in research in psychology but only insofar as such
activities are performed as a part of or are dependent upon
a position in a college or university in the state of Washington.
(2) Any person who holds a valid school psychologist
credential from the Washington state board of education but
only when such a person is practicing psychology in the
course of his or her employment.
(3) Any person employed by a local, state, or federal
government agency whose psychologists must qualify for
employment under federal or state certification or civil
service regulations; but only at those times when that person
is carrying out the functions of his or her employment.
(4) Any person who must qualify under the employment
requirements of a business or industry and who is employed
by a business or industry which is not engaged in offering
psychological services to the public, but only when such
person is carrying out the functions of his or her employment: PROVIDED, That no person exempt from licensing
under this subsection shall engage in the clinical practice of
psychology.
(5) Any person who is a student of psychology, psychological intern, or resident in psychology preparing for the
profession of psychology under supervision in a training
institution or facilities and who is designated by the title
such as "psychological trainee," "psychology student," which
thereby indicates his or her training status.
(6) Any person who has received a doctoral degree from
an accredited institution of higher learning with an adequate
major in sociology or social psychology as determined by
the board and who has passed comprehensive examinations
in the field of social psychology as part of the requirements
for the doctoral degree. Such persons may use the title
"social psychologist" provided that they file a statement of
their education with the board. [1986 c 27 § 10; 1965 c 70
§ 19.]
18.83.210 Certain counseling or guidance not
prohibited. Nothing in this chapter shall be construed as
prohibiting any individual from offering counseling or
guidance provided that such individuals do not hold themselves forth as psychologists. [1965 c 70 § 25.]
18.83.900 Severability—1965 c 70. If any provision
of this 1965 amendatory act, or its application to any person
or circumstance is held invalid, the remainder of the 1965
amendatory act, or the application of the provision to other
persons or circumstances is not affected. [1965 c 70 § 26.]
Chapter 18.84
RADIOLOGIC TECHNOLOGISTS
Sections
18.84.010
18.84.020
18.84.030
18.84.040
18.84.050
18.84.070
18.84.080
(2002 Ed.)
Legislative intent—Insurance coverage not required.
Definitions.
Registration or certificate required.
Powers of secretary—Application of Uniform Disciplinary
Act—Ad hoc advisers.
Record of proceedings.
Secretary and ad hoc committee immune from liability.
Certification—Qualifications.
18.84.090
18.84.100
18.84.110
18.84.120
18.84.130
18.84.140
18.84.150
18.84.160
18.84.170
18.84.901
18.84.902
18.84.903
Regulation
18.83.200
Certification—Approval of schools and training.
Certification—Application form—Fee.
Renewal of certificates.
Registration—Fee—Requirements.
Educational material.
Application of chapter—Exemption for authorized scope of
practice.
Application of chapter—Exemption for dentists.
Application of chapter—Exemption for chiropractors.
Registration deadline.
Effective date—1987 c 412.
Severability—1987 c 412.
Effective date—1991 c 222.
of health professions—Criteria: Chapter 18.120 RCW.
18.84.010 Legislative intent—Insurance coverage
not required. It is the intent and purpose of this chapter to
protect the public by the certification and registration of
practitioners of radiological technology. By promoting high
standards of professional performance, by requiring professional accountability, and by credentialing those persons who
seek to provide radiological technology under the title of
radiological technologists, and by regulating all persons
utilizing ionizing radiation on human beings this chapter
identifies those practitioners who have achieved a particular
level of competency. Nothing in this chapter shall be
construed to require that individual or group policies or
contracts of an insurance carrier, health care service contractor, or health maintenance organization provide benefits or
coverage for services and supplies provided by a person
certified under this chapter.
The legislature finds and declares that this chapter
conforms to the guidelines, terms, and definitions for the
credentialing of health or health-related professions specified
under chapter 18.120 RCW. [1991 c 222 § 1; 1987 c 412 §
1.]
18.84.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Licensed practitioner" means any licensed health
care practitioner performing services within the person’s
authorized scope of practice.
(4) "Radiologic technologist" means an individual
certified under this chapter, other than a licensed practitioner,
who practices radiologic technology as a:
(a) Diagnostic radiologic technologist, who is a person
who actually handles x-ray equipment in the process of
applying radiation on a human being for diagnostic purposes
at the direction of a licensed practitioner, this includes
parenteral procedures related to radiologic technology when
performed under the direct supervision of a physician
licensed under chapter 18.71 or 18.57 RCW; or
(b) Therapeutic radiologic technologist, who is a person
who uses radiation-generating equipment for therapeutic
purposes on human subjects at the direction of a licensed
practitioner, this includes parenteral procedures related to
radiologic technology when performed under the direct
supervision of a physician licensed under chapter 18.71 or
18.57 RCW; or
(c) Nuclear medicine technologist, who is a person who
prepares radiopharmaceuticals and administers them to
[Title 18 RCW—page 227]
18.84.020
Title 18 RCW: Businesses and Professions
human beings for diagnostic and therapeutic purposes and
who performs in vivo and in vitro detection and measurement of radioactivity for medical purposes at the direction of
a licensed practitioner.
(5) "Approved school of radiologic technology" means
a school of radiologic technology approved by the council on
medical education of the American medical association or a
school found to maintain the equivalent of such a course of
study as determined by the department. Such school may be
operated by a medical or educational institution, and for the
purpose of providing the requisite clinical experience, shall
be affiliated with one or more general hospitals.
(6) "Radiologic technology" means the use of ionizing
radiation upon a human being for diagnostic or therapeutic
purposes.
(7) "Radiologist" means a physician certified by the
American board of radiology or the American osteopathic
board of radiology.
(8) "Registered x-ray technician" means a person who
is registered with the department, and who applies ionizing
radiation at the direction of a licensed practitioner and who
does not perform parenteral procedures. [2000 c 93 § 42;
1994 sp.s. c 9 § 505; 1991 c 222 § 2; 1991 c 3 § 204; 1987
c 412 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.030 Registration or certificate required. No
person may practice radiologic technology without being
registered or certified under this chapter, unless that person
is a licensed practitioner as defined in RCW 18.84.020(3).
A person represents himself or herself to the public as a
certified radiological technologist when that person adopts or
uses a title or description of services that incorporates one or
more of the following items or designations:
(1) Certified radiologic technologist or CRT, for persons
so certified under this chapter;
(2) Certified radiologic therapy technologist, CRTT, or
CRT, for persons certified in the therapeutic field;
(3) Certified radiologic diagnostic technologist, CRDT,
or CRT, for persons certified in the diagnostic field; or
(4) Certified nuclear medicine technologist, CNMT, or
CRT, for persons certified as nuclear medicine technologists.
[1991 c 222 § 3; 1987 c 412 § 2.]
18.84.040 Powers of secretary—Application of
Uniform Disciplinary Act—Ad hoc advisers. (1) In
addition to any other authority provided by law, the secretary
may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all registration, certification, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Evaluate and designate those schools from which
graduation will be accepted as proof of an applicant’s
eligibility to receive a certificate;
(e) Determine whether alternative methods of training
are equivalent to formal education, and to establish forms,
procedures, and criteria for evaluation of an applicant’s
[Title 18 RCW—page 228]
alternative training to determine the applicant’s eligibility to
receive a certificate;
(f) Issue a certificate to any applicant who has met the
education, training, and conduct requirements for certification; and
(g) Issue a registration to an applicant who meets the
requirement for a registration.
(2) The secretary may hire clerical, administrative, and
investigative staff as needed to implement this chapter.
(3) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs the issuance and denial of registrations and certifications, unregistered and uncertified practice, and the discipline
of registrants and certificants under this chapter. The
secretary is the disciplining authority under this chapter.
(4) The secretary may appoint ad hoc members of the
profession to serve in an ad hoc advisory capacity to the
secretary in carrying out this chapter. The members will
serve for designated times and provide advice on matters
specifically identified and requested by the secretary. The
members shall be compensated in accordance with RCW
43.03.220 and reimbursed for travel expenses under RCW
43.03.040 and 43.03.060. [1994 sp.s. c 9 § 506; 1991 c 222
§ 11; 1991 c 3 § 205; 1987 c 412 § 5.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.050 Record of proceedings. The secretary shall
keep an official record of all proceedings, a part of which
record shall consist of a register of all applicants for certification under this chapter, with the result of each application.
[1991 c 3 § 206; 1987 c 412 § 6.]
18.84.070 Secretary and ad hoc committee immune
from liability. The secretary, ad hoc committee members,
or individuals acting on their behalf are immune from suit in
any civil action based on any certification or disciplinary
proceedings or other official acts performed in the course of
their duties. [1994 sp.s. c 9 § 507; 1991 c 3 § 208; 1987 c
412 § 8.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.080 Certification—Qualifications. (1) The
secretary shall issue a certificate to any applicant who
demonstrates to the secretary’s satisfaction, that the following requirements have been met:
(a) Graduation from an approved school or successful
completion of alternate training that meets the criteria
established by the secretary; and
(b) Good moral character.
(2) Applicants shall be subject to the grounds for denial
or issuance of a conditional license under chapter 18.130
RCW.
(3) The secretary shall establish by rule what constitutes
adequate proof of meeting the requirements for certification
and for designation of certification in a particular field of
radiologic technology. [1991 c 3 § 209; 1987 c 412 § 9.]
18.84.090 Certification—Approval of schools and
training. The secretary shall establish by rule the standards
and procedures for approval of schools and alternate training,
(2002 Ed.)
Radiologic Technologists
18.84.090
and may contract with individuals or organizations having
expertise in the profession or in education to assist in evaluating those applying for approval. The standards and
procedures set shall apply equally to schools and training
within the United States and those in foreign jurisdictions.
[1994 sp.s. c 9 § 508; 1991 c 3 § 210; 1987 c 412 § 10.]
18.84.150 Application of chapter—Exemption for
dentists. This chapter does not apply to practitioners
licensed under chapter 18.32 RCW or unlicensed persons
supervised by persons licensed under chapter 18.32 RCW.
[1991 c 222 § 7.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.160 Application of chapter—Exemption for
chiropractors. This chapter does not apply to practitioners
licensed under chapter 18.25 RCW or unlicensed persons
supervised by persons licensed under chapter 18.25 RCW.
[1991 c 222 § 8.]
18.84.100 Certification—Application form—Fee.
Applications for certification must be submitted on forms
provided by the secretary. The secretary may require any information and documentation that reasonably relates to the
determination of whether the applicant meets the requirements for certification provided for in this chapter and
chapter 18.130 RCW. Each applicant shall comply with
administrative procedures, administrative requirements, and
fees determined by the secretary as provided in RCW
43.70.250 and 43.70.280. [1996 c 191 § 71; 1991 c 3 § 211;
1987 c 412 § 11.]
18.84.110 Renewal of certificates. The secretary
shall establish the administrative procedures, administrative
requirements, and fees for renewal of certificates as provided
in RCW 43.70.250 and 43.70.280. [1996 c 191 § 72; 1994
sp.s. c 9 § 509; 1991 c 3 § 212; 1987 c 412 § 12.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.84.120 Registration—Fee—Requirements. The
secretary may issue a registration to an applicant who
submits, on forms provided by the department, the
applicant’s name, the address, occupational title, name and
location of business where applicant performs his or her
services, and other information as determined by the secretary, including information necessary to determine whether
there are grounds for denial of registration under this chapter
or chapter 18.130 RCW. Each applicant shall pay a fee as
determined by the secretary as provided in RCW 43.70.250
and 43.70.280. The secretary shall establish the administrative procedures, administrative requirements, and fees for
registration and for renewal of registrations as provided in
RCW 43.70.250 and 43.70.280. [1996 c 191 § 73; 1991 c
222 § 4.]
18.84.130 Educational material. The secretary may
provide educational materials and training to registered x-ray
technicians, certified radiologic technologists, licensed
practitioners and the public concerning, but not limited to,
health risks associated with ionizing radiation, proper radiographic techniques, and x-ray equipment maintenance. The
secretary may charge fees to recover the cost of providing
educational materials and training. [1991 c 222 § 5.]
18.84.140 Application of chapter—Exemption for
authorized scope of practice. Nothing in this chapter may
be construed to prohibit or restrict the practice of a profession by a person who is either registered, certified, licensed,
or similarly regulated under the laws of this state who is
performing services within the person’s authorized scope of
practice. [1991 c 222 § 6.]
(2002 Ed.)
18.84.170 Registration deadline. Persons required to
register under this chapter must be registered by January 1,
1992. [1991 c 222 § 10.]
18.84.901 Effective date—1987 c 412. This act shall
take effect October 1, 1987. [1987 c 412 § 17.]
18.84.902 Severability—1987 c 412. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 412 § 21.]
18.84.903 Effective date—1991 c 222. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1991.
[1991 c 222 § 14.]
Chapter 18.85
REAL ESTATE BROKERS AND SALESPERSONS
Sections
18.85.010
18.85.030
18.85.040
18.85.050
18.85.055
18.85.060
18.85.071
18.85.080
18.85.085
18.85.090
18.85.095
18.85.097
18.85.100
18.85.110
18.85.120
18.85.130
18.85.140
18.85.150
18.85.155
18.85.165
18.85.170
18.85.180
18.85.190
18.85.200
18.85.210
18.85.215
18.85.220
Definitions.
Employees.
Director—General powers and duties—Disciplinary action.
Director and employees business interest prohibited.
Licensure of state employees conducting real estate transactions.
Director’s seal.
Real estate commission created—Qualifications, terms, appointment of members—Vacancies.
Commission—Compensation and travel expenses.
Commission—Educational conferences—Examinations of
applicants for licenses.
Broker’s license—Requirements—Exception.
Salespersons—Requirements—Renewal—Exception.
Substitution of educational requirements—Rules.
License required—Prerequisite to suit for commission.
Exemptions from licensing.
Applications—Conditions—Fees.
Examinations—Scope—Manual—Moneys from sale.
License fees—Expiration—Renewal—Identification cards.
Temporary permits.
Responsibility for conduct of subordinates.
Licenses—Continuing education.
Licenses—Restrictions as to use—Exceptions.
Licenses—Office required—Display of license.
Licenses—Branch office.
Licenses—Change of location.
Publication of chapter—Distribution.
Inactive licenses.
License fees—Real estate commission account.
[Title 18 RCW—page 229]
Chapter 18.85
Title 18 RCW: Businesses and Professions
18.85.225
License suspension—Nonpayment or default on educational
loan or scholarship.
18.85.227 License suspension—Noncompliance with support order—
Reissuance.
18.85.230 Disciplinary action—Grounds.
18.85.240 Disciplinary action—Director’s delegation of authority.
18.85.251 Disciplinary action—Procedure—Investigation—Hearing.
18.85.261 Disciplinary action—Hearing—Conduct of.
18.85.271 Disciplinary action—Order—Judicial review.
18.85.281 Appeal—Transcript—Cost.
18.85.310 Broker’s records—Separate accounts—Interest-bearing trust
accounts—Disposition of interest.
18.85.315 Distribution of interest from brokers’ trust accounts.
18.85.317 Real estate education account.
18.85.320 Salespersons, associate brokers—Termination of services.
18.85.330 Sharing commissions.
18.85.340 Violations—Penalty.
18.85.343 Violations—Cease and desist orders.
18.85.345 Attorney general as legal advisor.
18.85.350 Enforcement provisions.
18.85.360 Witnesses—Depositions—Fees—Subpoenas.
18.85.400 Multiple listing associations—Entrance requirements.
18.85.450 Land development representative—Registration—Minimum
requirements.
18.85.460 Land development representative—Registration issued to
employing broker—Display—Fee—Transferability—
Period of validity.
18.85.470 Land development representative—Authorized activities—
"Land development" defined.
18.85.480 Land development representative—Responsibility of employing broker—Violations.
18.85.520 Fee assessed.
18.85.530 Washington real estate research account—Creation.
18.85.540 Real estate research center—Purpose.
18.85.550 Uniform regulation of business and professions act.
18.85.900 Severability—1941 c 252.
18.85.910 Severability—1951 c 222.
18.85.920 Severability—1972 ex.s. c 139.
Excise tax on real estate sales: Chapter 82.45 RCW.
Real estate salesman or broker on commission not subject to unemployment
compensation: RCW 50.04.230.
18.85.010 Definitions. In this chapter words and
phrases have the following meanings unless otherwise
apparent from the context:
(1) "Real estate broker," or "broker," means a person,
while acting for another for commissions or other compensation or the promise thereof, or a licensee under this chapter
while acting in his or her own behalf, who:
(a) Sells or offers for sale, lists or offers to list, buys or
offers to buy real estate or business opportunities, or any
interest therein, for others;
(b) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, exchange, lease, or rental of
real estate or business opportunities, or any interest therein,
for others;
(c) Negotiates or offers to negotiate, either directly or
indirectly, the purchase, sale, lease, or exchange of a
manufactured or mobile home in conjunction with the
purchase, sale, exchange, rental, or lease of the land upon
which the manufactured or mobile home is, or will be,
located;
(d) Advertises or holds himself or herself out to the
public by any oral or printed solicitation or representation
that he or she is so engaged; or
(e) Engages, directs, or assists in procuring prospects or
in negotiating or closing any transaction which results or is
calculated to result in any of these acts;
[Title 18 RCW—page 230]
(2) "Real estate salesperson" or "salesperson" means any
natural person employed, either directly or indirectly, by a
real estate broker, or any person who represents a real estate
broker in the performance of any of the acts specified in
subsection (1) of this section;
(3) An "associate real estate broker" is a person who has
qualified as a "real estate broker" who works with a broker
and whose license states that he or she is associated with a
broker;
(4) The word "person" as used in this chapter shall be
construed to mean and include a corporation, limited liability
company, limited liability partnership, or partnership, except
where otherwise restricted;
(5) "Business opportunity" shall mean and include
business, business opportunity and good will of an existing
business or any one or combination thereof;
(6) "Commission" means the real estate commission of
the state of Washington;
(7) "Director" means the director of licensing;
(8) "Real estate multiple listing association" means any
association of real estate brokers:
(a) Whose members circulate listings of the members
among themselves so that the properties described in the
listings may be sold by any member for an agreed portion of
the commission to be paid; and
(b) Which require in a real estate listing agreement
between the seller and the broker, that the members of the
real estate multiple listing association shall have the same
rights as if each had executed a separate agreement with the
seller;
(9) "Clock hours of instruction" means actual hours
spent in classroom instruction in any tax supported, public
technical college, community college, or any other institution
of higher learning or a correspondence course from any of
the aforementioned institutions certified by such institution
as the equivalent of the required number of clock hours, and
the real estate commission may certify courses of instruction
other than in the aforementioned institutions; and
(10) "Incapacitated" means the physical or mental
inability to perform the duties of broker prescribed by this
chapter. [1998 c 46 § 2; 1997 c 322 § 1; 1987 c 332 § 1;
1981 c 305 § 1; 1979 c 158 § 68; 1977 ex.s. c 370 § 1;
1973 1st ex.s. c 57 § 1; 1972 ex.s. c 139 § 1; 1969 c 78 §
1; 1953 c 235 § 1; 1951 c 222 § 1; 1943 c 118 § 1; 1941 c
252 § 2; Rem. Supp. 1943 § 8340-25. Prior: 1925 ex.s. c
129 § 4.]
18.85.030 Employees. The director shall appoint an
adequate staff to assist him or her. [1997 c 322 § 2; 1972
ex.s. c 139 § 2; 1951 c 222 § 2; 1945 c 111 § 1, part; 1941
c 252 § 5, part; Rem. Supp. 1945 § 8340-28, part.]
18.85.040 Director—General powers and duties—
Disciplinary action. (Effective until January 1, 2003.) (1)
The director, with the advice and approval of the commission, may issue rules and regulations to govern the activities
of real estate brokers, associate real estate brokers and
salespersons, consistent with this chapter, fix the times and
places for holding examinations of applicants for licenses
and prescribe the method of conducting them.
(2002 Ed.)
Real Estate Brokers and Salespersons
(2) The director shall enforce all laws, rules and
regulations relating to the licensing of real estate brokers,
associate real estate brokers, and salespersons, grant or deny
licenses to real estate brokers, associate real estate brokers,
and salespersons, and hold hearings. The director may
impose any one or more of the following sanctions: Suspend or revoke licenses, deny applications for licenses, fine
violators, or require the completion of a course in a selected
aspect of real estate practice relevant to the provision of this
chapter or rule violated. The director may deny, suspend or
revoke the authority of a broker to act as the designated
broker of persons who commit violations of the real estate
license law or of the rules and regulations.
(3) The director shall establish by rule standards for
licensure of applicants licensed in other jurisdictions.
(4) The director shall institute a program of real estate
education including, but not limited to, instituting a program
of education at institutions of higher education in Washington. The overall program shall include establishing minimum levels of ongoing education for licensees relating to the
practice of real estate by real estate brokers and salespersons
under this chapter. The program may also include the
development or implementation of curricula courses, educational materials, or approaches to education relating to real
estate when required, approved, or certified for continuing
education credit. The director may enter into contracts with
other persons or entities, whether publicly or privately owned
or operated, to assist in developing or implementing the real
estate education program.
(5) The director shall charge a fee, as prescribed by the
director by rule, for the certification of courses of instruction, instructors, and schools. [1992 c 92 § 1; 1988 c 205 §
2; 1987 c 332 § 2; 1972 ex.s. c 139 § 3; 1953 c 235 § 2;
1951 c 222 § 3; 1941 c 252 § 4; Rem. Supp. 1941 § 834027. Prior: 1925 ex.s. c 129 § 2.]
Effective date—1992 c 92: "This act shall take effect July 1, 1993."
[1992 c 92 § 5.]
18.85.040 Director—General powers and duties.
(Effective January 1, 2003.) (1) The director, with the
advice and approval of the commission, may issue rules and
regulations to govern the activities of real estate brokers,
associate real estate brokers and salespersons, consistent with
this chapter and chapter 18.235 RCW, fix the times and
places for holding examinations of applicants for licenses
and prescribe the method of conducting them.
(2) The director shall enforce all laws, rules, and
regulations relating to the licensing of real estate brokers,
associate real estate brokers, and salespersons, grant or deny
licenses to real estate brokers, associate real estate brokers,
and salespersons, and hold hearings.
(3) The director shall establish by rule standards for
licensure of applicants licensed in other jurisdictions.
(4) The director shall institute a program of real estate
education including, but not limited to, instituting a program
of education at institutions of higher education in Washington. The overall program shall include establishing minimum levels of ongoing education for licensees relating to the
practice of real estate by real estate brokers and salespersons
under this chapter. The program may also include the
development or implementation of curricula courses, educational materials, or approaches to education relating to real
(2002 Ed.)
18.85.040
estate when required, approved, or certified for continuing
education credit. The director may enter into contracts with
other persons or entities, whether publicly or privately owned
or operated, to assist in developing or implementing the real
estate education program.
(5) The director shall charge a fee, as prescribed by the
director by rule, for the certification of courses of instruction, instructors, and schools. [2002 c 86 § 229; 1992 c 92
§ 1; 1988 c 205 § 2; 1987 c 332 § 2; 1972 ex.s. c 139 § 3;
1953 c 235 § 2; 1951 c 222 § 3; 1941 c 252 § 4; Rem.
Supp. 1941 § 8340-27. Prior: 1925 ex.s. c 129 § 2.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1992 c 92: "This act shall take effect July 1, 1993."
[1992 c 92 § 5.]
18.85.050 Director and employees business interest
prohibited. Neither the director nor any employees, shall be
interested in any real estate business regulated by chapter
139, Laws of 1972 ex. sess.: PROVIDED, That if any real
estate broker, associate real estate broker, or salesman is employed by the director or by the commission as an employee,
the license of such broker, associate real estate broker, or
salesman shall not be revoked, suspended, or canceled by
reason thereof. [1972 ex.s. c 139 § 4; 1953 c 235 § 3; 1951
c 222 § 4; 1945 c 111 § 1, part; 1941 c 252 § 5, part; Rem.
Supp. 1945 § 8340-28, part.]
18.85.055 Licensure of state employees conducting
real estate transactions. No person licensed under this
chapter who is employed by the state and who is conducting
real estate transactions on behalf of the state may hold an
active license under this chapter. [1987 c 514 § 2.]
Severability—1987 c 514: See RCW 18.118.900.
18.85.060 Director’s seal. The director shall adopt a
seal with the words real estate director, state of Washington,
and such other device as the director may approve engraved
thereon, by which he or she shall authenticate the proceedings of the office. Copies of all records and papers in the
office of the director certified to be a true copy under the
hand and seal of the director shall be received in evidence in
all cases equally and with like effect as the originals. The
director may deputize one or more assistants to certify
records and papers. [1997 c 322 § 3; 1972 ex.s. c 139 § 5;
1941 c 252 § 8; RRS § 8340-31. Prior: 1925 ex.s. c 129 §
7.]
18.85.071 Real estate commission created—
Qualifications, terms, appointment of members—
Vacancies. There is established the real estate commission
of the state of Washington, consisting of the director of the
commission and six commission members who shall act in
an advisory capacity to the director.
The six commission members shall be appointed by the
governor in the following manner: For a term of six years
each, with the exception of the first appointees, who shall be
appointed one for a term of one year, one for a term of two
years, one for a term of three years, one for a term of four
years, one for a term of five years, and one for a term of six
[Title 18 RCW—page 231]
18.85.071
Title 18 RCW: Businesses and Professions
years, with all other subsequent appointees to be appointed
for a six year term. At least two of the commission members shall be selected from the area in the state west of the
Cascade mountain range and at least two shall be selected
from that area of the state east of the Cascade mountain
range. No commission member shall be appointed who has
had less than five years experience in the sale, operation, or
management of real estate in this state, or has had at least
three years experience in investigative work of a similar
nature, preferably in connection with the administration of
real estate license law of this state or elsewhere. Any
vacancies on the commission shall be filled by appointment
by the governor for the unexpired term. [1972 ex.s. c 139
§ 6; 1953 c 235 § 17.]
18.85.080 Commission—Compensation and travel
expenses. The six board members of the commission shall
be compensated in accordance with RCW 43.03.240, plus
travel expenses in accordance with RCW 43.03.050 and
43.03.060 when they shall be called into session by the
director or when presiding at examinations for applicants for
licenses or when otherwise engaged in the business of the
commission. [1984 c 287 § 49; 1975-’76 2nd ex.s. c 34 §
49; 1953 c 235 § 4; 1951 c 222 § 6; 1941 c 252 § 14; Rem.
Supp. 1941 § 8340-37.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.85.085 Commission—Educational conferences—
Examinations of applicants for licenses. The commission
shall have authority to hold educational conferences for the
benefit of the industry, and shall conduct examinations of
applicants for licenses under this chapter. The commission
shall ensure that examinations are prepared and administered
at examination centers throughout the state. [1997 c 322 §
4; 1977 ex.s. c 24 § 1; 1953 c 235 § 18.]
18.85.090 Broker’s license—Requirements—
Exception. (1) The minimum requirements for an individual
to receive a broker’s license are that the individual:
(a) Is eighteen years of age or older;
(b) Has a high school diploma or its equivalent;
(c) Has had a minimum of two years of actual experience as a full-time real estate salesperson in this state or in
another state having comparable requirements within the five
years previous to applying for the broker’s license examination or is, in the opinion of the director, otherwise and
similarly qualified, or is otherwise qualified by reason of
practical experience in a business allied with or related to
real estate;
(d) Except as provided in RCW 18.85.097, has furnished
proof, as the director may require, that the applicant has
successfully completed one hundred twenty hours of instruction in real estate. Instruction must include one course in
brokerage management, one course in real estate law, one
course in business management, and one elective course.
Each course must be completed within five years prior to
applying for the broker’s license examination, be at least
thirty clock hours, and be approved by the director. The
[Title 18 RCW—page 232]
applicant must pass a course examination, approved by the
director for each course used to satisfy the broker’s license
requirement; and
(e) Has passed the broker’s license examination.
(2) Nothing in this section applies to persons who are
licensed as brokers under any real estate law in Washington
that exists prior to this law’s enactment, but only if their
license has not been subsequently canceled or revoked.
[1994 c 291 § 1; 1985 c 162 § 1; 1972 ex.s. c 139 § 8; 1953
c 235 § 5; 1951 c 222 § 7; 1941 c 252 § 15; Rem. Supp.
1941 § 8340-38.]
Effective date—1994 c 291: "This act shall take effect July 1, 1995."
[1994 c 291 § 5.]
18.85.095 Salespersons—Requirements—Renewal—
Exception. (1) The minimum requirements for an individual
to receive a salesperson’s license are that the individual:
(a) Is eighteen years of age or older;
(b) Except as provided in RCW 18.85.097, has furnished
proof, as the director may require, that the applicant has
successfully completed a sixty clock-hour course, approved
by the director, in real estate fundamentals. The applicant
must pass a course examination approved by the director.
This course must be completed within five years prior to
applying for the salesperson’s license examination; and
(c) Has passed a salesperson’s license examination.
(2) The minimum requirements for a salesperson to be
issued the first renewal of a license are that the salesperson:
(a) Has furnished proof, as the director may require, that
the salesperson has successfully completed a thirty clockhour course, from a prescribed curriculum approved by the
director, in real estate practices. The salesperson must pass
a course examination approved by the director. This course
shall be commenced after issuance of a first license; and
(b) Has furnished proof, as the director may require, that
the salesperson has completed an additional thirty clock
hours of continuing education in compliance with RCW
18.85.165. Courses for continuing education clock-hour
credit shall be commenced after issuance of a first license.
(3) Nothing in this section applies to persons who are
licensed as salespersons under any real estate law in Washington which exists prior to this law’s enactment, but only if
their license has not been subsequently canceled or revoked.
[1997 c 322 § 5; 1994 c 291 § 2; 1988 c 205 § 3; 1987 c
332 § 3; 1985 c 162 § 2; 1977 ex.s. c 370 § 2; 1972 ex.s. c
139 § 7.]
Effective date—1994 c 291: See note following RCW 18.85.090.
18.85.097 Substitution of educational requirements—Rules. The director may allow for substitution of
the clock-hour requirements in RCW 18.85.090(1)(d) and
18.85.095(1)(b), if the director makes a determination that
the individual is otherwise and similarly qualified by reason
of completion of equivalent educational coursework in any
institution of higher education as defined in RCW
28B.10.016 or any degree-granting institution as defined in
RCW 28B.85.010 approved by the director. The director
shall establish by rule, guidelines for determining equivalent
educational coursework. [1994 c 291 § 4; 1987 c 332 § 18.]
Effective date—1994 c 291: See note following RCW 18.85.090.
(2002 Ed.)
Real Estate Brokers and Salespersons
18.85.100 License required—Prerequisite to suit for
commission. It shall be unlawful for any person to act as a
real estate broker, associate real estate broker, or real estate
salesperson without first obtaining a license therefor, and
otherwise complying with the provisions of this chapter.
No suit or action shall be brought for the collection of
compensation as a real estate broker, associate real estate
broker, or real estate salesperson, without alleging and
proving that the plaintiff was a duly licensed real estate
broker, associate real estate broker, or real estate salesperson
prior to the time of offering to perform any such act or
service or procuring any promise or contract for the payment
of compensation for any such contemplated act or service.
[1997 c 322 § 6; 1972 ex.s. c 139 § 9; 1951 c 222 § 8.
Formerly: (i) 1941 c 252 § 6; Rem. Supp. 1941 § 8340-29.
(ii) 1941 c 252 § 25; Rem. Supp. 1941 § 8340-48.]
18.85.110 Exemptions from licensing. This chapter
shall not apply to (1) any person who purchases property
and/or a business opportunity for his or her own account, or
that of a group of which he or she is a member, or who, as
the owner or part owner of property, and/or a business
opportunity, in any way disposes of the same; nor, (2) any
duly authorized attorney in fact acting without compensation,
or an attorney at law in the performance of his or her duties;
nor, (3) any receiver, trustee in bankruptcy, executor,
administrator, guardian, or any person acting under the order
of any court, or selling under a deed of trust; nor, (4) any
secretary, bookkeeper, accountant, or other office personnel
who does not engage in any conduct or activity specified in
any of the definitions under RCW 18.85.010; nor, (5) any
owner of rental or lease property, members of the owner’s
family whether or not residing on such property, or a
resident manager of a complex of residential dwelling units
wherein such manager resides; nor, (6) any person who
manages residential dwelling units on an incidental basis and
not as his or her principal source of income so long as that
person does not advertise or hold out to the public by any
oral or printed solicitation or representation that he or she is
so engaged; nor, (7) only with respect to the rental or lease
of individual storage space, any person who owns or
manages a self-service storage facility as defined under
chapter 19.150 RCW. [1997 c 322 § 7; 1989 c 161 § 1;
1988 c 240 § 20; 1977 ex.s. c 370 § 9; 1972 ex.s. c 139 §
10; 1951 c 222 § 9; 1941 c 252 § 3; Rem. Supp. 1941 §
8340-26. Prior: 1925 ex.s. c 129 § 4.]
Severability—1988 c 240: See RCW 19.150.904.
18.85.120 Applications—Conditions—Fees. Any
person desiring to be a real estate broker, associate real
estate broker, or real estate salesperson, must pass an
examination as provided in this chapter. Such person shall
make application for an examination and for a license on a
form prescribed by the director. Concurrently, the applicant
shall:
(1) Pay an examination fee as prescribed by the director
by rule.
(2) If the applicant is a corporation, furnish a certified
copy of its articles of incorporation, and a list of its officers
and directors and their addresses. If the applicant is a
foreign corporation, the applicant shall furnish a certified
(2002 Ed.)
18.85.100
copy of certificate of authority to conduct business in the
state of Washington, a list of its officers and directors and
their addresses, and evidence of current registration with the
secretary of state. If the applicant is a limited liability
company, the applicant shall furnish a list of the members
and managers of the company and their addresses. If the
applicant is a limited liability partnership or partnership, the
applicant shall furnish a list of the partners thereof and their
addresses.
(3) Furnish such other proof as the director may require
concerning the honesty, truthfulness, and good reputation, as
well as the identity, which may include fingerprints, of any
applicants for a license, or of the officers of a corporation,
or limited liability company, or the partners of a limited
liability partnership or partnership, making the application.
[1997 c 322 § 8; 1987 c 332 § 4; 1980 c 72 § 1; 1979 c 25
§ 1. Prior: 1977 ex.s. c 370 § 3; 1977 ex.s. c 24 § 2; 1973
1st ex.s. c 42 § 1; 1953 c 235 § 6; 1951 c 222 § 10.
Formerly: (i) 1947 c 203 § 1, part; 1945 c 111 § 3, part;
1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem. Supp.
1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10, 11.
(ii) 1947 c 203 § 3; 1945 c 111 § 6; 1941 c 252 § 16; Rem.
Supp. 1947 § 8340-39.]
18.85.130 Examinations—Scope—Manual—Moneys
from sale. The director shall provide each original applicant
for an examination with a manual containing a sample list of
questions and answers pertaining to real estate law and the
operation of the business and may provide the same at cost
to any licensee or to other members of the public. The
director shall ascertain by written examination, that each
applicant, and in case of a corporation, limited liability
company, limited liability partnership, or partnership, that
each officer, agent, or partner thereof whom it proposes to
act as licensee, has:
(1) Appropriate knowledge of the English language,
including reading, writing, spelling, and arithmetic;
(2) An understanding of the principles of real estate
conveyancing, the general purposes and legal effect of deeds,
mortgages, land contracts of sale, exchanges, rental and
option agreements, and leases;
(3) An understanding of the principles of land economics and appraisals;
(4) An understanding of the obligations between
principal and agent;
(5) An understanding of the principles of real estate
practice and the canons of business ethics pertaining thereto;
and,
(6) An understanding of the provisions of this chapter.
The examination for real estate brokers shall be more
exacting than that for real estate salespersons.
All moneys received for the sale of the manual to
licensees and members of the public shall be placed in the
real estate commission fund to be returned to the current
biennium operating budget. [1997 c 322 § 9; 1972 ex.s. c
139 § 11; 1951 c 222 § 11. Formerly: 1947 c 203 § 2,
part; 1945 c 111 § 4, part; 1941 c 252 § 12, part; Rem.
Supp. 1947 § 8340-35, part.]
18.85.140 License fees—Expiration—Renewal—
Identification cards. Before receiving his or her license
[Title 18 RCW—page 233]
18.85.140
Title 18 RCW: Businesses and Professions
every real estate broker, every associate real estate broker,
and every real estate salesperson must pay a license fee as
prescribed by the director by rule. Every license issued
under the provisions of this chapter expires on the
applicant’s second birthday following issuance of the license.
Licenses issued to partnerships, limited liability partnerships,
limited liability companies, and corporations expire on a date
prescribed by the director by rule, except that if the registration or certificate of authority filed with the secretary of state
expires, the real estate broker’s license issued shall expire on
that date. Licenses must be renewed every two years on or
before the date established under this section and a biennial
renewal license fee as prescribed by the director by rule
must be paid.
If the application for a renewal license is not received
by the director on or before the renewal date, a penalty fee
as prescribed by the director by rule shall be paid. Acceptance by the director of an application for renewal after the
renewal date shall not be a waiver of the delinquency.
The license of any person whose license renewal fee is
not received within one year from the date of expiration
shall be canceled. This person may obtain a new license by
satisfying the procedures and requirements as prescribed by
the director by rule.
The director shall issue to each active licensee a license
and a pocket identification card in such form and size as he
or she shall prescribe. [1997 c 322 § 10; 1991 c 225 § 2;
1989 c 161 § 2; 1987 c 332 § 5; 1979 c 25 § 2. Prior:
1977 ex.s. c 370 § 4; 1977 ex.s. c 24 § 3; 1972 ex.s. c 139
§ 12; 1953 c 235 § 7; 1951 c 222 § 12. Formerly: (i) 1947
c 203 § 2, part; 1945 c 111 § 4, part; 1941 c 252 § 12, part;
Rem. Supp. 1947 § 8340-35, part. (ii) 1947 c 203 § 1, part;
1945 c 111 § 3, part; 1943 c 118 § 2, part; 1941 c 252 § 11,
part; Rem. Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c
129 §§ 10, 11.]
Effective date—1989 c 161 § 2: "Section 2 of this act shall take
effect January 1, 1991." [1989 c 161 § 4.]
18.85.150 Temporary permits. A temporary broker’s
permit may, in the discretion of the director, be issued to the
legally accredited representative of a deceased or incapacitated broker, the senior qualified salesperson in that office or
other qualified representative of the deceased or incapacitated broker, which shall be valid for a period not exceeding
four months and in the case of a partnership, a limited
liability partnership, a limited liability company, or a
corporation, the same rule shall prevail in the selection of a
person to whom a temporary broker’s permit may be issued.
[1997 c 322 § 11; 1979 c 25 § 3. Prior: 1977 ex.s. c 370
§ 5; 1977 ex.s. c 24 § 4; 1972 ex.s. c 139 § 13; 1953 c 235
§ 8; 1951 c 222 § 13; prior: (i) 1947 c 203 § 2, part; 1945
c 111 § 4, part; 1941 c 252 § 12, part; Rem. Supp. 1947 §
8340-35, part. (ii) 1947 c 203 § 1, part; 1945 c 111 § 3,
part; 1943 c 118 § 2, part; 1941 c 252 § 11, part; Rem.
Supp. 1947 § 8340-34, part; prior: 1925 ex.s. c 129 §§ 10,
11.]
18.85.155 Responsibility for conduct of subordinates. Responsibility for any salesperson, associate broker
or branch manager in conduct covered by this chapter shall
[Title 18 RCW—page 234]
rest with the broker to which such licensees shall be licensed.
In addition to the broker, a branch manager shall bear
responsibility for salespersons and associate brokers operating under the branch manager at a branch office. [1997 c
322 § 12; 1977 ex.s. c 370 § 6; 1972 ex.s. c 139 § 14.]
18.85.165 Licenses—Continuing education. All real
estate brokers, associate brokers, and salespersons shall
furnish proof as the director may require that they have
successfully completed a total of thirty clock hours of
instruction every two years in real estate courses approved
by the director in order to renew their licenses. Up to fifteen clock hours of instruction beyond the thirty hours in
two years may be carried forward for credit in a subsequent
two-year period. To count towards this requirement, a
course shall be commenced within thirty-six months before
the proof date for renewal. Examinations shall not be
required to fulfill any part of the education requirement in
this section. This section shall apply to renewal dates after
January 1, 1991. [1997 c 322 § 13; 1991 c 225 § 1; 1988
c 205 § 1.]
18.85.170 Licenses—Restrictions as to use—
Exceptions. No license issued under the provisions of this
chapter shall authorize any person other than the person to
whom it is issued to do any act by virtue thereof nor to
operate in any other manner than under his or her own name
except:
(1) When a license is issued to a corporation it shall
entitle one officer thereof, to be named by the corporation in
its application, who shall qualify the same as any other
broker, to act as a real estate broker on behalf of said
corporation, without the payment of additional fees;
(2) When a license is issued to a limited liability
company it shall entitle one manager or member of the
company, to be named by the limited liability company in its
application, who shall qualify the same as any broker, to act
as a real estate broker on behalf of the limited liability
company, without the payment of additional fees;
(3) When a license is issued to a limited liability
partnership or partnership it shall entitle one partner thereof
to be named in the application, who shall qualify to act as a
real estate broker on behalf of the limited liability partnership or partnership, without the payment of additional license
fees;
(4) A licensed broker, associate broker, or salesperson
may operate and/or advertise under a name other than the
one under which the license is issued by obtaining the
written consent of the director to do so;
(5) A broker may establish one or more branch offices
under a name or names different from that of the main office
if the name or names are approved by the director, so long
as each branch office is clearly identified as a branch or
division of the main office. No broker may establish branch
offices under more than three names. Both the name of the
branch office and of the main office must clearly appear on
the sign identifying the office, if any, and in any advertisement or on any letterhead of any stationery or any forms,
or signs used by the real estate firm on which either the
name of the main or branch offices appears. [1997 c 322 §
(2002 Ed.)
Real Estate Brokers and Salespersons
14; 1972 ex.s. c 139 § 16; 1951 c 222 § 14; 1945 c 111 § 2;
1941 c 252 § 10; Rem. Supp. 1945 § 8340-33. Prior: 1925
ex.s. c 129 § 9.]
18.85.180 Licenses—Office required—Display of
license. Every licensed real estate broker must have and
maintain an office in this state accessible to the public which
shall serve as the office for the transaction of business. Any
office so established must comply with the zoning requirements of city or county ordinances and the broker’s license
must be prominently displayed therein. [1997 c 322 § 15;
1957 c 52 § 41; 1951 c 222 § 15. Prior: 1947 c 203 § 4,
part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252
§ 18, part; Rem. Supp. 1947 § 8340-41, part; prior: 1925
ex.s. c 129 § 12, part.]
18.85.190 Licenses—Branch office. A real estate
broker may apply to the director for authority to establish
one or more branch offices under the same name as the main
office upon the payment of a fee as prescribed by the
director by rule. The director shall issue a duplicate license
for each of the branch offices showing the location of the
main office and the particular branch. Each duplicate license
shall be prominently displayed in the office for which it is
issued. Each branch office shall be required to have a
branch manager who shall be an associate broker authorized
by the designated broker to perform the duties of a branch
manager.
A branch office license shall not be required where real
estate sales activity is conducted on and, limited to a
particular subdivision or tract, if a licensed office or branch
office is located within thirty-five miles of the subdivision or
tract. [1989 c 161 § 3; 1987 c 332 § 6; 1977 ex.s. c 24 § 5;
1972 ex.s. c 139 § 17; 1957 c 52 § 42. Prior: 1947 c 203
§ 4, part; 1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941
c 252 § 18, part; Rem. Supp. 1947 § 8340-41, part; prior:
1925 ex.s. c 129 § 12, part.]
18.85.200 Licenses—Change of location. Notice in
writing shall be given to the director of any change by a real
estate broker, associate broker, or salesperson of his or her
business location or of any branch office. Upon the surrender of the original license for the business or the duplicate license applicable to a branch office, and a payment of
a fee as prescribed by the director by rule, the director shall
issue a new license or duplicate license, as the case may be,
covering the new location. [1987 c 332 § 7; 1971 ex.s. c
266 § 17; 1957 c 52 § 43. Prior: 1947 c 203 § 4, part;
1945 c 111 § 7, part; 1943 c 118 § 4, part; 1941 c 252 § 18,
part; Rem. Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c
129 § 12, part.]
18.85.210 Publication of chapter—Distribution. The
director may publish a copy of this chapter and such
information relative to the enforcement of this chapter and
may mail a copy of this chapter and the information to each
licensed broker. [1997 c 322 § 16; 1972 ex.s. c 139 § 18;
1953 c 235 § 10; 1947 c 203 § 8; 1941 c 252 § 27; Rem.
Supp. 1947 § 8340-50. Prior: 1925 ex.s. c 129 § 22.]
(2002 Ed.)
18.85.170
18.85.215 Inactive licenses. (1) Any license issued
under this chapter and not otherwise revoked shall be
deemed "inactive" at any time it is delivered to the director.
Until reissued under this chapter, the holder of an inactive
license shall be deemed to be unlicensed.
(2) An inactive license may be renewed on the same
terms and conditions as an active license, except that a
person with an inactive license need not comply with the
education requirements of RCW 18.85.095(2)(a) or
18.85.165. Failure to renew shall result in cancellation in
the same manner as an active license.
(3) An inactive license may be placed in an active status
upon completion of an application as provided by the
director and upon compliance with this chapter and the rules
adopted pursuant thereto. If a holder has an inactive license
for more than three years, the holder must show proof of
successfully completing a thirty clock hour course in real
estate within one year prior to the application for active
status. Holders employed by the state and conducting real
estate transactions on behalf of the state are exempt from
this course requirement.
(4) The provisions of this chapter relating to the denial,
suspension, and revocation of a license shall be applicable to
an inactive license as well as an active license, except that
when proceedings to suspend or revoke an inactive license
have been initiated, the license shall remain inactive until the
proceedings have been completed. [1994 c 291 § 3; 1988 c
205 § 4. Prior: 1987 c 514 § 1; 1987 c 332 § 17; 1985 c
162 § 4; 1977 ex.s. c 370 § 8.]
Effective date—1994 c 291: See note following RCW 18.85.090.
Severability—1987 c 514: See RCW 18.118.900.
18.85.220 License fees—Real estate commission
account. All fees required under this chapter shall be set by
the director in accordance with RCW 43.24.086 and shall be
paid to the state treasurer. All fees paid under the provisions
of this chapter shall be placed in the real estate commission
account in the state treasury. All money derived from fines
imposed under this chapter shall be deposited in the real
estate education account created by RCW 18.85.317. [1993
c 50 § 1; 1991 c 277 § 1; 1987 c 332 § 8; 1967 c 22 § 1;
1953 c 235 § 11; 1941 c 252 § 7; Rem. Supp. 1941 §
8340-30.]
Effective date—1993 c 50: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 50 § 5.]
Effective date—1991 c 277: "This act shall take effect July 1, 1993."
[1991 c 277 § 3.]
18.85.225 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
[Title 18 RCW—page 235]
18.85.225
Title 18 RCW: Businesses and Professions
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
14.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.85.227 License suspension—Noncompliance with
support order—Reissuance. The director shall immediately
suspend the license of a broker or salesperson who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license shall be automatic upon the director’s receipt of
a release issued by the department of social and health
services stating that the person is in compliance with the
order. [1997 c 58 § 826.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.85.230 Disciplinary action—Grounds. (Effective
until January 1, 2003.) The director may, upon his or her
own motion, and shall upon verified complaint in writing by
any person, investigate the actions of any person engaged in
the business or acting in the capacity of a real estate broker,
associate real estate broker, or real estate salesperson,
regardless of whether the transaction was for his or her own
account or in his or her capacity as broker, associate real
estate broker, or real estate salesperson, and may impose any
one or more of the following sanctions: Suspend or revoke,
levy a fine not to exceed one thousand dollars for each
offense, require the completion of a course in a selected area
of real estate practice relevant to the section of this chapter
or rule violated, or deny the license of any holder or
applicant who is guilty of:
(1) Obtaining a license by means of fraud, misrepresentation, concealment, or through the mistake or inadvertence
of the director;
(2) Violating any of the provisions of this chapter or
any lawful rules or regulations made by the director pursuant
thereto or violating a provision of chapter 64.36, 19.105, or
58.19 RCW or RCW 18.86.030 or the rules adopted under
those chapters or section;
(3) Being convicted in a court of competent jurisdiction
of this or any other state, or federal court, of forgery,
embezzlement, obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, or any
similar offense or offenses: PROVIDED, That for the
[Title 18 RCW—page 236]
purposes of this section being convicted shall include all
instances in which a plea of guilty or nolo contendere is the
basis for the conviction, and all proceedings in which the
sentence has been deferred or suspended;
(4) Making, printing, publishing, distributing, or causing,
authorizing, or knowingly permitting the making, printing,
publication or distribution of false statements, descriptions or
promises of such character as to reasonably induce any
person to act thereon, if the statements, descriptions or
promises purport to be made or to be performed by either
the licensee or his or her principal and the licensee then
knew or, by the exercise of reasonable care and inquiry,
could have known, of the falsity of the statements, descriptions or promises;
(5) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme or device whereby any other person
lawfully relies upon the word, representation or conduct of
the licensee;
(6) Accepting the services of, or continuing in a
representative capacity, any associate broker or salesperson
who has not been granted a license, or after his or her
license has been revoked or during a suspension thereof;
(7) Conversion of any money, contract, deed, note,
mortgage, or abstract or other evidence of title, to his or her
own use or to the use of his or her principal or of any other
person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the
condition; and failure to return any money or contract, deed,
note, mortgage, abstract or other evidence of title within
thirty days after the owner thereof is entitled thereto, and
makes demand therefor, shall be prima facie evidence of
such conversion;
(8) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book or record in his or her possession for inspection of the
director or his or her authorized representatives acting by
authority of law;
(9) Continuing to sell any real estate, or operating
according to a plan of selling, whereby the interests of the
public are endangered, after the director has, by order in
writing, stated objections thereto;
(10) Committing any act of fraudulent or dishonest
dealing or a crime involving moral turpitude, and a certified
copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter. However, RCW 9.96A.020 does not
apply to a person who is required to register as a sex
offender under RCW 9A.44.130;
(11) Advertising in any manner without affixing the
broker’s name as licensed, and in the case of a salesperson
or associate broker, without affixing the name of the broker
as licensed for whom or under whom the salesperson or
associate broker operates, to the advertisement; except, that
a real estate broker, associate real estate broker, or real
estate salesperson advertising their personally owned real
property must only disclose that they hold a real estate
license;
(12) Accepting other than cash or its equivalent as
earnest money unless that fact is communicated to the owner
prior to his or her acceptance of the offer to purchase, and
such fact is shown in the earnest money receipt;
(2002 Ed.)
Real Estate Brokers and Salespersons
(13) Charging or accepting compensation from more
than one party in any one transaction without first making
full disclosure in writing of all the facts to all the parties
interested in the transaction;
(14) Accepting, taking or charging any undisclosed
commission, rebate or direct profit on expenditures made for
the principal;
(15) Accepting employment or compensation for
appraisal of real property contingent upon reporting a
predetermined value;
(16) Issuing an appraisal report on any real property in
which the broker, associate broker, or salesperson has an
interest unless his or her interest is clearly stated in the
appraisal report;
(17) Misrepresentation of his or her membership in any
state or national real estate association;
(18) Discrimination against any person in hiring or in
sales activity, on the basis of any of the provisions of any
state or federal antidiscrimination law;
(19) Failing to keep an escrow or trustee account of
funds deposited with him or her relating to a real estate
transaction, for a period of three years, showing to whom
paid, and such other pertinent information as the director
may require, such records to be available to the director, or
his or her representatives, on demand, or upon written notice
given to the bank;
(20) Failing to preserve for three years following its
consummation records relating to any real estate transaction;
(21) Failing to furnish a copy of any listing, sale, lease
or other contract relevant to a real estate transaction to all
signatories thereof at the time of execution;
(22) Acceptance by a branch manager, associate broker,
or salesperson of a commission or any valuable consideration
for the performance of any acts specified in this chapter,
from any person, except the licensed real estate broker with
whom he or she is licensed;
(23) To direct any transaction involving his or her
principal, to any lending institution for financing or to any
escrow company, in expectation of receiving a kickback or
rebate therefrom, without first disclosing such expectation to
his or her principal;
(24) Buying, selling, or leasing directly, or through a
third party, any interest in real property without disclosing in
writing that he or she holds a real estate license;
(25) In the case of a broker licensee, failing to exercise
adequate supervision over the activities of his or her licensed
associate brokers and salespersons within the scope of this
chapter;
(26) Any conduct in a real estate transaction which
demonstrates bad faith, dishonesty, untrustworthiness or
incompetency;
(27) Acting as a vehicle dealer, as defined in RCW
46.70.011, without having a license to do so;
(28) Failing to assure that the title is transferred under
chapter 46.12 RCW when engaging in a transaction involving a mobile home as a broker, associate broker, or salesperson; or
(29) Violation of an order to cease and desist which is
issued by the director under this chapter. [1999 c 46 § 1;
1997 c 322 § 17; 1996 c 179 § 18; 1990 c 85 § 1; 1988 c
205 § 5. Prior: 1987 c 370 § 15; 1987 c 332 § 9; 1979 c
25 § 4; prior: 1977 ex.s. c 261 § 1; 1977 ex.s. c 204 § 1;
(2002 Ed.)
18.85.230
1972 ex.s. c 139 § 19; 1967 c 22 § 3; 1953 c 235 § 12;
1951 c 222 § 16; 1947 c 203 § 5; 1945 c 111 § 8; 1943 c
118 § 5; 1941 c 252 § 19; Rem. Supp. 1947 § 8340-42;
prior: 1925 ex.s. c 129 § 13.]
Effective date—1996 c 179: See RCW 18.86.902.
False advertising: Chapter 9.04 RCW.
Obstructing justice: Chapter 9A.72 RCW.
18.85.230 Disciplinary action—Grounds. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the director may take
disciplinary action against any person engaged in the
business or acting in the capacity of a real estate broker,
associate real estate broker, or real estate salesperson,
regardless of whether the transaction was for his or her own
account or in his or her capacity as broker, associate real
estate broker, or real estate salesperson, and may impose any
of the sanctions specified in RCW 18.235.110 for any holder
or applicant who is guilty of:
(1) Violating any of the provisions of this chapter or
any lawful rules or regulations made by the director pursuant
thereto or violating a provision of chapter 64.36, 19.105, or
58.19 RCW or RCW 18.86.030 or the rules adopted under
those chapters or section;
(2) Making, printing, publishing, distributing, or causing,
authorizing, or knowingly permitting the making, printing,
publication or distribution of false statements, descriptions or
promises of such character as to reasonably induce any
person to act thereon, if the statements, descriptions, or
promises purport to be made or to be performed by either
the licensee or his or her principal and the licensee then
knew or, by the exercise of reasonable care and inquiry,
could have known, of the falsity of the statements, descriptions or promises;
(3) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the word, representation or conduct of
the licensee;
(4) Accepting the services of, or continuing in a
representative capacity, any associate broker or salesperson
who has not been granted a license, or after his or her
license has been revoked or during a suspension thereof;
(5) Conversion of any money, contract, deed, note,
mortgage, or abstract or other evidence of title, to his or her
own use or to the use of his or her principal or of any other
person, when delivered to him or her in trust or on condition, in violation of the trust or before the happening of the
condition; and failure to return any money or contract, deed,
note, mortgage, abstract, or other evidence of title within
thirty days after the owner thereof is entitled thereto, and
makes demand therefor, shall be prima facie evidence of
such conversion;
(6) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book or record in his or her possession for inspection of the
director or his or her authorized representatives acting by
authority of law;
(7) Continuing to sell any real estate, or operating
according to a plan of selling, whereby the interests of the
[Title 18 RCW—page 237]
18.85.230
Title 18 RCW: Businesses and Professions
public are endangered, after the director has, by order in
writing, stated objections thereto;
(8) Advertising in any manner without affixing the
broker’s name as licensed, and in the case of a salesperson
or associate broker, without affixing the name of the broker
as licensed for whom or under whom the salesperson or
associate broker operates, to the advertisement; except, that
a real estate broker, associate real estate broker, or real
estate salesperson advertising their personally owned real
property must only disclose that they hold a real estate
license;
(9) Accepting other than cash or its equivalent as
earnest money unless that fact is communicated to the owner
prior to his or her acceptance of the offer to purchase, and
such fact is shown in the earnest money receipt;
(10) Charging or accepting compensation from more
than one party in any one transaction without first making
full disclosure in writing of all the facts to all the parties
interested in the transaction;
(11) Accepting, taking, or charging any undisclosed
commission, rebate, or direct profit on expenditures made for
the principal;
(12) Accepting employment or compensation for
appraisal of real property contingent upon reporting a
predetermined value;
(13) Issuing an appraisal report on any real property in
which the broker, associate broker, or salesperson has an
interest unless his or her interest is clearly stated in the
appraisal report;
(14) Misrepresentation of his or her membership in any
state or national real estate association;
(15) Discrimination against any person in hiring or in
sales activity, on the basis of any of the provisions of any
state or federal antidiscrimination law;
(16) Failing to keep an escrow or trustee account of
funds deposited with him or her relating to a real estate
transaction, for a period of three years, showing to whom
paid, and such other pertinent information as the director
may require, such records to be available to the director, or
his or her representatives, on demand, or upon written notice
given to the bank;
(17) Failing to preserve for three years following its
consummation records relating to any real estate transaction;
(18) Failing to furnish a copy of any listing, sale, lease
or other contract relevant to a real estate transaction to all
signatories thereof at the time of execution;
(19) Acceptance by a branch manager, associate broker,
or salesperson of a commission or any valuable consideration
for the performance of any acts specified in this chapter,
from any person, except the licensed real estate broker with
whom he or she is licensed;
(20) To direct any transaction involving his or her
principal, to any lending institution for financing or to any
escrow company, in expectation of receiving a kickback or
rebate therefrom, without first disclosing such expectation to
his or her principal;
(21) Buying, selling, or leasing directly, or through a
third party, any interest in real property without disclosing in
writing that he or she holds a real estate license;
(22) In the case of a broker licensee, failing to exercise
adequate supervision over the activities of his or her licensed
[Title 18 RCW—page 238]
associate brokers and salespersons within the scope of this
chapter;
(23) Any conduct in a real estate transaction which
demonstrates bad faith, dishonesty, untrustworthiness, or
incompetency;
(24) Acting as a vehicle dealer, as defined in RCW
46.70.011, without having a license to do so; or
(25) Failing to ensure that the title is transferred under
chapter 46.12 RCW when engaging in a transaction involving a mobile home as a broker, associate broker, or salesperson. [2002 c 86 § 230; 1999 c 46 § 1; 1997 c 322 § 17;
1996 c 179 § 18; 1990 c 85 § 1; 1988 c 205 § 5. Prior:
1987 c 370 § 15; 1987 c 332 § 9; 1979 c 25 § 4; prior:
1977 ex.s. c 261 § 1; 1977 ex.s. c 204 § 1; 1972 ex.s. c 139
§ 19; 1967 c 22 § 3; 1953 c 235 § 12; 1951 c 222 § 16;
1947 c 203 § 5; 1945 c 111 § 8; 1943 c 118 § 5; 1941 c 252
§ 19; Rem. Supp. 1947 § 8340-42; prior: 1925 ex.s. c 129
§ 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1996 c 179: See RCW 18.86.902.
False advertising: Chapter 9.04 RCW.
Obstructing justice: Chapter 9A.72 RCW.
18.85.240 Disciplinary action—Director’s delegation
of authority. The director may deputize one or more
assistants to perform his or her duties with reference to
disciplinary action. [1988 c 205 § 6; 1987 c 332 § 10; 1957
c 52 § 45. Prior: 1945 c 111 § 9, part; 1941 c 252 § 20,
part; 1925 ex.s. c 129 § 14, part; Rem. Supp. 1945 § 834043, part.]
18.85.251 Disciplinary action—Procedure—
Investigation—Hearing. (Effective until January 1, 2003.)
The disciplinary proceedings shall be had on motion of the
director or after a statement in writing verified by some
person or persons familiar with the facts upon which the
proposed disciplinary action is based has been filed with the
director. Upon receipt of such statement or accusation, the
director shall make a preliminary investigation of the facts
charged to determine whether the statement or accusation is
sufficient. If the director shall determine the statement or
accusation is sufficient to require formal action, the director
shall thereupon set the matter for hearing at a specified time
and place. A copy of such order setting time and place and
a copy of the verified statement shall be served upon the
licensee or applicant involved not less than twenty days
before the day appointed in the order for said hearing. The
department of licensing, the licensee or applicant accused,
and the person making the accusation may be represented by
counsel at such a hearing. The director or an administrative
law judge appointed under chapter 34.12 RCW shall hear
and receive pertinent evidence and testimony. [1988 c 205
§ 7; 1987 c 332 § 11; 1981 c 67 § 22; 1951 c 222 § 23.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
18.85.261 Disciplinary action—Hearing—Conduct
of. (Effective until January 1, 2003.) If the licensed
person or applicant accused does not appear at the time and
(2002 Ed.)
Real Estate Brokers and Salespersons
18.85.261
place appointed for the hearing in person or by counsel, the
hearing officer may proceed and determine the facts of the
accusation in his or her absence. The proceedings may be
conducted at places within the state convenient to all persons
concerned as determined by the director, and may be
adjourned from day to day or for longer periods. The
hearing officer shall cause a transcript of all such proceedings to be kept by a reporter and shall upon request after
completion thereof, furnish a copy of such transcript to the
licensed person or applicant accused in such proceedings at
the expense of the licensee or applicant. The hearing officer
shall certify the transcript of proceedings to be true and
correct. If the director finds that the statement or accusation
is not proved by a fair preponderance of evidence, the
director shall notify the licensee or applicant and the person
making the accusation and shall dismiss the case. [1987 c
332 § 12; 1951 c 222 § 24.]
18.85.271 Disciplinary action—Order—Appeal.
(Effective January 1, 2003.) If the director decides, after
such hearing, that the evidence supports the accusation by a
preponderance of evidence, the director may impose sanctions authorized under RCW 18.85.040. In such event the
director shall enter an order to that effect and shall file the
same in his or her office and immediately mail a copy to the
affected party at the address of record with the department.
Upon instituting appeal in the superior court, the appellant
shall give a cash bond to the state of Washington, which
bond shall be filed with the clerk of the court, in the sum of
five hundred dollars to be approved by the judge of said
court, conditioned to pay all costs that may be awarded
against such appellant in the event of an adverse decision,
such bond and notice to be filed within thirty days from the
date of the director’s decision. [2002 c 86 § 232; 1989 c
175 § 66; 1988 c 205 § 8; 1987 c 332 § 13; 1972 ex.s. c
139 § 20; 1951 c 222 § 25.]
18.85.261 Disciplinary action—Hearing—Conduct
of. (Effective January 1, 2003.) The hearing officer shall
cause a transcript of all such proceedings to be kept by a
reporter and shall upon request after completion thereof,
furnish a copy of such transcript to the licensed person or
applicant accused in such proceedings at the expense of the
licensee or applicant. The hearing officer shall certify the
transcript of proceedings to be true and correct. If the
director finds that the statement or accusation is not proved
by a fair preponderance of evidence, the director shall notify
the licensee or applicant and the person making the accusation and shall dismiss the case. [2002 c 86 § 231; 1987 c
332 § 12; 1951 c 222 § 24.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.85.271 Disciplinary action—Order—Judicial
review. (Effective until January 1, 2003.) If the director
shall decide, after such hearing, that the evidence supports
the accusation by a preponderance of evidence, the director
may impose sanctions authorized under RCW 18.85.040. In
such event the director shall enter an order to that effect and
shall file the same in his or her office and immediately mail
a copy thereof to the affected party at the address of record
with the department. Such order shall not be operative for
a period of ten days from the date thereof. Any licensee or
applicant aggrieved by a final decision by the director in an
adjudicative proceeding, whether such decision is affirmative
or negative in form, is entitled to a judicial review in the
superior court under the provisions of the Administrative
Procedure Act, chapter 34.05 RCW. Upon instituting appeal
in the superior court, the appellant shall give a cash bond to
the state of Washington, which bond shall be filed with the
clerk of the court, in the sum of five hundred dollars to be
approved by the judge of said court, conditioned to pay all
costs that may be awarded against such appellant in the
event of an adverse decision, such bond and notice to be
filed within thirty days from the date of the director’s decision. [1989 c 175 § 66; 1988 c 205 § 8; 1987 c 332 § 13;
1972 ex.s. c 139 § 20; 1951 c 222 § 25.]
Effective date—1989 c 175: See note following RCW 34.05.010.
(2002 Ed.)
18.85.281 Appeal—Transcript—Cost. The director
shall prepare at appellant’s expense and shall certify a
transcript of the whole record of all matters involved in the
appeal, which shall be thereupon delivered by the director to
the court in which the appeal is pending. The appellant shall
be notified of the filing of the transcript and the cost thereof
and shall within fifteen days thereafter pay the cost of said
transcript. If the cost is not paid in full within fifteen days
the appeal shall be dismissed. [1997 c 322 § 18; 1951 c 222
§ 26.]
18.85.310 Broker’s records—Separate accounts—
Interest-bearing trust accounts—Disposition of interest.
(1) Every licensed real estate broker shall keep adequate
records of all real estate transactions handled by or through
the broker. The records shall include, but are not limited to,
a copy of the earnest money receipt, and an itemization of
the broker’s receipts and disbursements with each transaction. These records and all other records hereinafter specified shall be open to inspection by the director or the
director’s authorized representatives.
(2) Every real estate broker shall also deliver or cause
to be delivered to all parties signing the same, at the time of
signing, conformed copies of all earnest money receipts,
listing agreements and all other like or similar instruments
signed by the parties, including the closing statement.
(3) Every real estate broker shall also keep separate real
estate fund accounts in a recognized Washington state
depositary authorized to receive funds in which shall be kept
separate and apart and physically segregated from licensee
broker’s own funds, all funds or moneys of clients which are
being held by such licensee broker pending the closing of a
real estate sale or transaction, or which have been collected
for said client and are being held for disbursement for or to
said client and such funds shall be deposited not later than
the first banking day following receipt thereof.
(4) Separate accounts comprised of clients’ funds
required to be maintained under this section, with the
[Title 18 RCW—page 239]
18.85.310
Title 18 RCW: Businesses and Professions
exception of property management trust accounts, shall be
interest-bearing accounts from which withdrawals or transfers can be made without delay, subject only to the notice
period which the depository institution is required to reserve
by law or regulation.
(5) Every real estate broker shall maintain a pooled
interest-bearing escrow account for deposit of client funds,
with the exception of property management trust accounts,
which are nominal. As used in this section, a "nominal"
deposit is a deposit of not more than ten thousand dollars.
The interest accruing on this account, net of any
reasonable and appropriate financial institution service
charges or fees, shall be paid to the state treasurer for
deposit in the Washington housing trust fund created in
RCW 43.185.030 and the real estate education account
created in RCW 18.85.317. Appropriate service charges or
fees are those charges made by financial institutions on other
demand deposit or "now" accounts. An agent may, but shall
not be required to, notify the client of the intended use of
such funds.
(6) All client funds not required to be deposited in the
account specified in subsection (5) of this section shall be
deposited in:
(a) A separate interest-bearing trust account for the
particular client or client’s matter on which the interest will
be paid to the client; or
(b) The pooled interest-bearing trust account specified
in subsection (5) of this section if the parties to the transaction agree.
The department of licensing shall promulgate regulations
which will serve as guidelines in the choice of an account
specified in subsection (5) of this section or an account
specified in this subsection.
(7) For an account created under subsection (5) of this
section, an agent shall direct the depository institution to:
(a) Remit interest or dividends, net of any reasonable
and appropriate service charges or fees, on the average
monthly balance in the account, or as otherwise computed in
accordance with an institution’s standard accounting practice,
at least quarterly, to the state treasurer for deposit in the
housing trust fund created by RCW 43.185.030 and the real
estate education account created in RCW 18.85.317; and
(b) Transmit to the director of community, trade, and
economic development a statement showing the name of the
person or entity for whom the remittance is spent, the rate of
interest applied, and the amount of service charges deducted,
if any, and the account balance(s) of the period in which the
report is made, with a copy of such statement to be transmitted to the depositing person or firm.
(8) The director shall forward a copy of the reports
required by subsection (7) of this section to the department
of licensing to aid in the enforcement of the requirements of
this section consistent with the normal enforcement and
auditing practices of the department of licensing.
(9) This section does not relieve any real estate broker
from any obligation with respect to the safekeeping of
clients’ funds.
(10) Any violation by a real estate broker of any of the
provisions of this section, or RCW 18.85.230, shall be
grounds for revocation of the licenses issued to the broker.
[1999 c 48 § 1; 1995 c 399 § 7; 1993 c 50 § 2; 1988 c 286
§ 2; 1987 c 513 § 1; 1957 c 52 § 44; 1953 c 235 § 13; 1951
[Title 18 RCW—page 240]
c 222 § 19. Prior: 1947 c 203 § 4, part; 1945 c 111 § 7,
part; 1943 c 118 § 4, part; 1941 c 252 § 18, part; Rem.
Supp. 1947 § 8340-41, part; prior: 1925 ex.s. c 129 § 12,
part.]
Effective date—1993 c 50: See note following RCW 18.85.220.
Effective date—1987 c 513: "This act shall take effect January 1,
1988." [1987 c 513 § 15.]
Severability—1987 c 513: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 513 § 13.]
18.85.315 Distribution of interest from brokers’
trust accounts. Remittances received by the treasurer
pursuant to RCW 18.85.310 shall be divided between the
housing trust fund created by RCW 43.185.030, which shall
receive seventy-five percent and the real estate education
account created by RCW 18.85.317, which shall receive
twenty-five percent. [1993 c 50 § 3; 1987 c 513 § 9.]
Effective date—1993 c 50: See note following RCW 18.85.220.
Effective date—Severability—1987 c 513: See notes following
RCW 18.85.310.
18.85.317 Real estate education account. The real
estate education account is created in the custody of the state
treasurer. All moneys received for credit to this account
pursuant to RCW 18.85.315 and all moneys derived from
fines imposed under this chapter shall be deposited into the
account. Expenditures from the account may be made only
upon the authorization of the director or a duly authorized
representative of the director, and may be used only for the
purposes of carrying out the director’s programs for education of real estate licensees and others in the real estate
industry as described in RCW 18.85.040(4). All expenses
and costs relating to the implementation or administration of,
or payment of contract fees or charges for, the director’s real
estate education programs may be paid from this account.
The account is subject to appropriation under chapter 43.88
RCW. [1997 c 322 § 19; 1993 c 50 § 4.]
Effective date—1993 c 50: See note following RCW 18.85.220.
18.85.320 Salespersons, associate brokers—
Termination of services. The license of a real estate
salesperson or associate real estate broker shall be retained
at all times by his or her designated broker and when any
real estate salesperson or associate real estate broker ceases
to represent his or her broker his or her license shall cease
to be in force. Notice of such termination shall be given by
the broker to the director and such notice shall be accompanied by and include the surrender of the salesperson’s or
associate real estate broker’s license. Failure of any broker
to promptly notify the director of such salesperson’s or
associate real estate broker’s termination after demand by the
affected salesperson or associate real estate broker shall work
a forfeiture of the broker’s license. Upon application of the
salesperson or associate real estate broker and the payment
of a fee as prescribed by the director by rule, the director
shall issue a new license for the unexpired term, if such
salesperson or associate real estate broker is otherwise
entitled thereto. When a real estate salesperson’s or associate real estate broker’s services shall be terminated by his or
her broker for a violation of any of the provisions of RCW
(2002 Ed.)
Real Estate Brokers and Salespersons
18.85.320
18.85.230, a written statement of the facts in reference
thereto shall be filed forthwith with the director by the
broker. [1987 c 332 § 14; 1953 c 235 § 14; 1947 c 203 §
7; 1943 c 118 § 7; 1941 c 252 § 26; Rem. Supp. 1947 §
8340-49. Prior: 1925 ex.s. c 129 § 21.]
decision rendered at a temporary cease and desist order
review hearing in the same manner as an adjudicative
proceeding. [1997 c 322 § 22; 1989 c 175 § 67; 1977 ex.s.
c 261 § 2.]
18.85.330 Sharing commissions. (1) Except under
subsection (4) of this section, it shall be unlawful for any
licensed broker to pay any part of his or her commission or
other compensation to any person who is not a licensed real
estate broker in any state of the United States or its possessions or any province of the Dominion of Canada or any
foreign jurisdiction with a real estate regulatory program.
(2) Except under subsection (4) of this section, it shall
be unlawful for any licensed broker to pay any part of his or
her commission or other compensation to a real estate
salesperson not licensed to do business for such broker.
(3) Except under subsection (4) of this section, it shall
be unlawful for any licensed salesperson to pay any part of
his or her commission or other compensation to any person,
whether licensed or not, except through his or her broker.
(4) A commission may be shared with a manufactured
housing retailer, licensed under chapter 46.70 RCW, on the
sale of personal property manufactured housing sold in
conjunction with the sale or lease of land. [1998 c 46 § 3;
1997 c 322 § 20; 1953 c 235 § 15; 1943 c 118 § 6; 1941 c
252 § 24; Rem. Supp. 1943 § 8340-47.]
18.85.345 Attorney general as legal advisor. The
attorney general shall render to the director opinions upon all
questions of law relating to the construction or interpretation
of this chapter, or arising in the administration thereof, that
may be submitted to the director, and shall act as attorney
for the director in all actions and proceedings brought by or
against him or her under or pursuant to any provisions of
this chapter. [1997 c 322 § 23; 1941 c 252 § 9; Rem. Supp.
1941 § 8340-32. Prior: 1925 ex.s. c 129 § 8.]
18.85.340 Violations—Penalty. Any person acting as
a real estate broker, associate real estate broker, or real
estate salesperson, without a license, or violating any of the
provisions of this chapter, shall be guilty of a gross misdemeanor. [1997 c 322 § 21; 1951 c 222 § 20; 1941 c 252 §
23; Rem. Supp. 1941 § 8340-46. Prior: 1925 ex.s. c 129 §
17.]
18.85.343 Violations—Cease and desist orders. (1)
The director may issue a cease and desist order to a person
after notice and hearing and upon a determination that the
person has violated a provision of this chapter or a lawful
order or rule of the director.
(2) If the director makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, he or she may issue a temporary cease and
desist order. Before issuing the temporary cease and desist
order, whenever possible the director shall give notice by
telephone or otherwise of the proposal to issue a temporary
cease and desist order to the person. Every temporary cease
and desist order shall include a provision that a hearing will
be held upon request to determine whether or not the order
will become permanent.
At the time the temporary cease and desist order is
served, the licensee shall be notified that he or she is entitled
to request a hearing for the sole purpose of determining
whether or not the public interest imperatively requires that
the temporary cease and desist order be continued or modified pending the outcome of the hearing to determine
whether or not the order will become permanent. The
hearing shall be held within thirty days after the department
receives the request for hearing, unless the licensee requests
a later hearing. A licensee may secure review of any
(2002 Ed.)
Effective date—1989 c 175: See note following RCW 34.05.010.
18.85.350 Enforcement provisions. The director may
prefer a complaint for violation of any section of this chapter
before any court of competent jurisdiction.
The prosecuting attorney of each county shall prosecute
any violation of the provisions of this chapter which occurs
in his or her county, and if the prosecuting attorney fails to
act, the director may request the attorney general to take
action in lieu of the prosecuting attorney.
Process issued by the director shall extend to all parts
of the state, and may be served by any person authorized to
serve process of courts of record, or may be mailed by
registered mail to the licensee’s last business address of
record in the office of the director.
Whenever the director believes from evidence satisfactory to him or her that any person has violated any of the
provisions of this chapter, or any order, license, decision,
demand or requirement, or any part or provision thereof, he
or she may bring an action, in the superior court in the
county wherein such person resides, against such person to
enjoin any such person from continuing such violation or
engaging therein or doing any act or acts in furtherance
thereof. In this action an order or judgment may be entered
awarding such preliminary or final injunction as may be
proper.
The director may petition the superior court in any
county in this state for the immediate appointment of a
receiver to take over, operate or close any real estate office
in this state which is found, upon inspection of its books and
records to be operating in violation of the provisions of this
chapter, pending a hearing as herein provided. [1997 c 322
§ 24; 1967 c 22 § 2; 1957 c 52 § 48; 1953 c 235 § 16.
Prior: (i) 1941 c 252 § 21, part; Rem. Supp. 1941 § 834044, part. (ii) 1947 c 203 § 6; 1941 c 252 § 22; Rem. Supp.
1947 § 8340-45.]
18.85.360 Witnesses—Depositions—Fees—
Subpoenas. (Effective until January 1, 2003.) The director
may administer oaths; certify to all official acts; subpoena
and bring before him or her any person in this state as a witness; compel the production of books and papers; and take
the testimony of any person by deposition in the manner
prescribed for procedure of the superior courts in civil cases,
in any hearing in any part of the state.
Each witness, who appears by order of the director,
shall receive for his or she attendance the fees and mileage
[Title 18 RCW—page 241]
18.85.360
Title 18 RCW: Businesses and Professions
allowed to a witness in civil cases in the superior court.
Witness fees shall be paid by the party at whose request the
witness is subpoenaed.
If a witness, who has not been required to attend at the
request of any party, is subpoenaed by the director, his or
her fees and mileage shall be paid from funds appropriated
for the use of the real estate department in the same manner
as other expenses of the department are paid. [1997 c 322
§ 25; 1957 c 52 § 49. Prior: 1941 c 252 § 21, part; Rem.
Supp. 1941 § 8340-44, part.]
18.85.400 Multiple listing associations—Entrance
requirements. Each real estate multiple listing association
shall submit to the real estate commission for approval or
disapproval its entrance requirements. No later than sixty
days after receipt of the real estate multiple listing associations entrance requirements the commission shall, with the
directors approval, approve or disapprove the said entrance
requirements. In no event shall the real estate commission
approve any entrance requirements which shall be more
restrictive on the person applying to join a real estate
multiple listing association than the following:
(1) Require the applicant at the time of application and
admission to be a licensed broker under chapter 18.85 RCW;
(2) Require the applicant, if all members of the real
estate multiple listing association are so required, to obtain
and maintain a policy of insurance, containing specified
coverage within designated limits protecting members from
claims by sellers who have made keys to their premises
available to members for access to their properties, against
losses arising from damage to or theft of contents of such
properties;
(3) Require the applicant to pay an initiation fee
computed by dividing an amount equal to five times the
book value of the real estate multiple listing association
concerned (exclusive of any value for listings and exclusive
of all investments not related to the operation of the real
estate multiple listing association and exclusive of all real
estate), by the number of real estate broker members of said
organization: PROVIDED, That in no event shall the
initiation fee exceed twenty-five hundred dollars;
(4) Require the applicant for membership to have been:
(a) A broker in the territory of the real estate multiple
listing association for a period of one year; or
(b) An associate broker with one year’s experience in
the area of the real estate multiple listing association, who in
addition has had one year’s experience as a broker in any
other area of the state.
(5) Require the applicant to follow any other rules of
the association which apply to all the members of such
association: PROVIDED, That such other rules do not
violate federal or state law: PROVIDED, That nothing in
chapter 78, Laws of 1969 shall be construed to limit the
authority of any real estate multiple listing association to
engage in any activities which are not otherwise prohibited
by law. [1969 c 78 § 2.]
18.85.450 Land development representative—
Registration—Minimum requirements. The director shall
issue a land development representative registration for any
applicant, upon application made by the employing real
[Title 18 RCW—page 242]
estate broker, on a form provided by the department. The
minimum requirements for an individual to be registered as
a land development representative are that the applicant
shall:
(1) Be eighteen years of age or older; and
(2) Furnish such proof as the director may require
concerning the applicant’s honesty, good reputation, and
identification which may include finger prints. [1987 c 332
§ 15; 1977 ex.s. c 24 § 6.]
18.85.460 Land development representative—
Registration issued to employing broker—Display—Fee—
Transferability—Period of validity. The registration for a
land development representative shall be issued to and
retained by the employing broker and shall be displayed as
set forth in this chapter for licenses. A fee as prescribed by
the director by rule shall accompany each application for
registration. Each registration shall be valid for a period of
one year from date of issue or until employment with the
broker is terminated, whichever occurs first. No registration
may be transferred to another broker, nor may a representative be registered to more than one broker at a time. Upon
the termination of employment of any representative the
broker shall release and return the registration of that
representative to the department. [1987 c 332 § 16; 1977
ex.s. c 24 § 7.]
18.85.470 Land development representative—
Authorized activities—"Land development" defined. (1)
The activity of a land development representative registered
with a broker under this chapter shall be restricted to land
developments as defined in this section and limited to:
(a) Disseminating information;
(b) Contacting prospective purchasers; and
(c) Transporting prospective purchasers to the land
development site.
(2) This section shall not be construed to authorize any
representative to:
(a) Engage in the selling of real estate;
(b) Negotiate for or bind the broker in any agreement
relating to the sale of real estate;
(c) Receive or handle funds;
(d) Assist in preparation of documentation attendant
upon sale of real estate; or
(e) Engage in any other conduct or activity specified in
any of the definitions under RCW 18.85.010, except as
provided by subsection (1) of this section.
(3) The words "land development" as used in this
chapter mean land which is divided, for the purpose of
disposition, into ten or more parcels on which no residential
structure exists at the time it is offered for sale. [1977 ex.s.
c 24 § 8.]
18.85.480 Land development representative—
Responsibility of employing broker—Violations. Full
responsibility for the activities of the land development
representative registered under this chapter shall rest with the
employing broker. The director may deny, suspend, or
revoke the registration of any representative or the license of
the employing broker for any violation of this chapter by the
representative. [1977 ex.s. c 24 § 9.]
(2002 Ed.)
Real Estate Brokers and Salespersons
18.85.520 Fee assessed. (Expires September 30,
2005.) (1) A fee of ten dollars is created and shall be
assessed on each real estate broker, associate broker, and
salesperson originally licensed after October 1, 1999, and
upon each renewal of a license with an expiration date after
October 1, 1999, including renewals of inactive licenses.
(2) This section expires September 30, 2005. [1999 c
192 § 1.]
18.85.530 Washington real estate research account—Creation. (Expires September 30, 2005.) (1) The
Washington real estate research account is created in the
state treasury. All receipts from the fee under RCW
18.85.520 shall be deposited into the account. Moneys in
the account may be spent only after appropriation. Expenditures from the account may be used only for the purposes of
RCW 18.85.540.
(2) This section expires September 30, 2005. [1999 c
192 § 2.]
18.85.540 Real estate research center—Purpose.
(Expires September 30, 2005.) (1) The purpose of a real
estate research center in Washington state is to provide
credible research, value-added information, education services, and project-oriented research to real estate licensees,
real estate consumers, real estate service providers, institutional customers, public agencies, and communities in
Washington state and the Pacific Northwest region. The
center may:
(a) Conduct studies and research on affordable housing
and strategies to meet the affordable housing needs of the
state;
(b) Conduct studies in all areas directly or indirectly
related to real estate and urban or rural economics and
economically isolated communities;
(c) Disseminate findings and results of real estate
research conducted at or by the center or elsewhere, using a
variety of dissemination media;
(d) Supply research results and educational expertise to
the Washington state real estate commission to support its
regulatory functions, as requested;
(e) Prepare information of interest to real estate consumers and make the information available to the general public,
universities, or colleges, and appropriate state agencies;
(f) Encourage economic growth and development within
the state of Washington;
(g) Support the professional development and continuing
education of real estate licensees in Washington;
(h) Study and recommend changes in state statutes
relating to real estate; and
(i) Develop a vacancy rate standard for low-income
housing in the state.
(2) The director shall establish a memorandum of
understanding with an institution of higher learning that
establishes a real estate research center for the purposes
under subsection (1) of this section.
(3) This section expires September 30, 2005. [2002 c
294 § 5; 1999 c 192 § 3.]
Findings—2002 c 294: See note following RCW 36.22.178.
(2002 Ed.)
18.85.520
18.85.550 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 233.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.85.900 Severability—1941 c 252. If any section,
subdivision, sentence or clause in this act shall be held
invalid or unconstitutional, such fact shall not affect the
validity of the remaining portions of this act. [1941 c 252
§ 28.]
18.85.910 Severability—1951 c 222. The provisions
of this act are to be severable and if any section, subdivision
or clause of this act shall be held to be unconstitutional or
invalid, such decision shall not affect the validity of the
remaining portion of the act. [1951 c 222 § 27.]
18.85.920 Severability—1972 ex.s. c 139. The
provisions of this 1972 amendatory act are to be severable
and if any section, subdivision, or clause of this act shall be
held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of the act. [1972
ex.s. c 139 § 22.]
Chapter 18.86
REAL ESTATE BROKERAGE RELATIONSHIPS
Sections
18.86.010
18.86.020
18.86.030
18.86.031
18.86.040
18.86.050
18.86.060
18.86.070
18.86.080
18.86.090
18.86.100
18.86.110
18.86.120
18.86.900
18.86.901
18.86.902
Definitions.
Agency relationship.
Duties of licensee.
Violation of licensing law.
Seller’s agent—Duties.
Buyer’s agent—Duties.
Dual agent—Duties.
Duration of agency relationship.
Compensation.
Vicarious liability.
Imputed knowledge and notice.
Application.
Pamphlet on the law of real estate agency—Content.
Effective date—1996 c 179.
Captions not law—1996 c 179.
Effective date—1996 c 179.
18.86.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agency relationship" means the agency relationship
created under this chapter or by written agreement between
a licensee and a buyer and/or seller relating to the performance of real estate brokerage services by the licensee.
(2) "Agent" means a licensee who has entered into an
agency relationship with a buyer or seller.
(3) "Business opportunity" means and includes a
business, business opportunity, and goodwill of an existing
business, or any one or combination thereof.
[Title 18 RCW—page 243]
18.86.010
Title 18 RCW: Businesses and Professions
(4) "Buyer" means an actual or prospective purchaser in
a real estate transaction, or an actual or prospective tenant in
a real estate rental or lease transaction, as applicable.
(5) "Buyer’s agent" means a licensee who has entered
into an agency relationship with only the buyer in a real
estate transaction, and includes subagents engaged by a
buyer’s agent.
(6) "Confidential information" means information from
or concerning a principal of a licensee that:
(a) Was acquired by the licensee during the course of an
agency relationship with the principal;
(b) The principal reasonably expects to be kept confidential;
(c) The principal has not disclosed or authorized to be
disclosed to third parties;
(d) Would, if disclosed, operate to the detriment of the
principal; and
(e) The principal personally would not be obligated to
disclose to the other party.
(7) "Dual agent" means a licensee who has entered into
an agency relationship with both the buyer and seller in the
same transaction.
(8) "Licensee" means a real estate broker, associate real
estate broker, or real estate salesperson, as those terms are
defined in chapter 18.85 RCW.
(9) "Material fact" means information that substantially
adversely affects the value of the property or a party’s ability
to perform its obligations in a real estate transaction, or
operates to materially impair or defeat the purpose of the
transaction. The fact or suspicion that the property, or any
neighboring property, is or was the site of a murder, suicide
or other death, rape or other sex crime, assault or other
violent crime, robbery or burglary, illegal drug activity,
gang-related activity, political or religious activity, or other
act, occurrence, or use not adversely affecting the physical
condition of or title to the property is not a material fact.
(10) "Principal" means a buyer or a seller who has
entered into an agency relationship with a licensee.
(11) "Real estate brokerage services" means the rendering of services for which a real estate license is required
under chapter 18.85 RCW.
(12) "Real estate transaction" or "transaction" means an
actual or prospective transaction involving a purchase, sale,
option, or exchange of any interest in real property or a
business opportunity, or a lease or rental of real property.
For purposes of this chapter, a prospective transaction does
not exist until a written offer has been signed by at least one
of the parties.
(13) "Seller" means an actual or prospective seller in a
real estate transaction, or an actual or prospective landlord
in a real estate rental or lease transaction, as applicable.
(14) "Seller’s agent" means a licensee who has entered
into an agency relationship with only the seller in a real
estate transaction, and includes subagents engaged by a
seller’s agent.
(15) "Subagent" means a licensee who is engaged to act
on behalf of a principal by the principal’s agent where the
principal has authorized the agent in writing to appoint
subagents. [1996 c 179 § 1.]
[Title 18 RCW—page 244]
18.86.020 Agency relationship. (1) A licensee who
performs real estate brokerage services for a buyer is a
buyer’s agent unless the:
(a) Licensee has entered into a written agency agreement with the seller, in which case the licensee is a seller’s
agent;
(b) Licensee has entered into a subagency agreement
with the seller’s agent, in which case the licensee is a
seller’s agent;
(c) Licensee has entered into a written agency agreement with both parties, in which case the licensee is a dual
agent;
(d) Licensee is the seller or one of the sellers; or
(e) Parties agree otherwise in writing after the licensee
has complied with RCW 18.86.030(1)(f).
(2) In a transaction in which different licensees affiliated
with the same broker represent different parties, the broker
is a dual agent, and must obtain the written consent of both
parties as required under RCW 18.86.060. In such a case,
each licensee shall solely represent the party with whom the
licensee has an agency relationship, unless all parties agree
in writing that both licensees are dual agents.
(3) A licensee may work with a party in separate
transactions pursuant to different relationships, including, but
not limited to, representing a party in one transaction and at
the same time not representing that party in a different
transaction involving that party, if the licensee complies with
this chapter in establishing the relationships for each transaction. [1997 c 217 § 1; 1996 c 179 § 2.]
Effective date—1997 c 217 §§ 1-6 and 8: "Sections 1 through 6 and
8 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [April 25, 1997]." [1997 c
217 § 9.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
18.86.030 Duties of licensee. (1) Regardless of
whether the licensee is an agent, a licensee owes to all
parties to whom the licensee renders real estate brokerage
services the following duties, which may not be waived:
(a) To exercise reasonable skill and care;
(b) To deal honestly and in good faith;
(c) To present all written offers, written notices and
other written communications to and from either party in a
timely manner, regardless of whether the property is subject
to an existing contract for sale or the buyer is already a party
to an existing contract to purchase;
(d) To disclose all existing material facts known by the
licensee and not apparent or readily ascertainable to a party;
provided that this subsection shall not be construed to imply
any duty to investigate matters that the licensee has not
agreed to investigate;
(e) To account in a timely manner for all money and
property received from or on behalf of either party;
(f) To provide a pamphlet on the law of real estate
agency in the form prescribed in RCW 18.86.120 to all
parties to whom the licensee renders real estate brokerage
services, before the party signs an agency agreement with
the licensee, signs an offer in a real estate transaction handled by the licensee, consents to dual agency, or waives any
rights, under RCW 18.86.020(1)(e), 18.86.040(1)(e),
(2002 Ed.)
Real Estate Brokerage Relationships
18.86.050(1)(e), or 18.86.060(2) (e) or (f), whichever occurs
earliest; and
(g) To disclose in writing to all parties to whom the
licensee renders real estate brokerage services, before the
party signs an offer in a real estate transaction handled by
the licensee, whether the licensee represents the buyer, the
seller, both parties, or neither party. The disclosure shall be
set forth in a separate paragraph entitled "Agency Disclosure" in the agreement between the buyer and seller or in a
separate writing entitled "Agency Disclosure."
(2) Unless otherwise agreed, a licensee owes no duty to
conduct an independent inspection of the property or to
conduct an independent investigation of either party’s
financial condition, and owes no duty to independently verify
the accuracy or completeness of any statement made by
either party or by any source reasonably believed by the
licensee to be reliable. [1996 c 179 § 3.]
18.86.031 Violation of licensing law. A violation of
RCW 18.86.030 is a violation of RCW 18.85.230. [1996 c
179 § 14.]
18.86.040 Seller’s agent—Duties. (1) Unless additional duties are agreed to in writing signed by a seller’s
agent, the duties of a seller’s agent are limited to those set
forth in RCW 18.86.030 and the following, which may not
be waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the seller by taking no action that is
adverse or detrimental to the seller’s interest in a transaction;
(b) To timely disclose to the seller any conflicts of
interest;
(c) To advise the seller to seek expert advice on matters
relating to the transaction that are beyond the agent’s
expertise;
(d) Not to disclose any confidential information from or
about the seller, except under subpoena or court order, even
after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the
seller’s agent has complied with RCW 18.86.030(1)(f), to
make a good faith and continuous effort to find a buyer for
the property; except that a seller’s agent is not obligated to
seek additional offers to purchase the property while the
property is subject to an existing contract for sale.
(2)(a) The showing of properties not owned by the seller
to prospective buyers or the listing of competing properties
for sale by a seller’s agent does not in and of itself breach
the duty of loyalty to the seller or create a conflict of
interest.
(b) The representation of more than one seller by
different licensees affiliated with the same broker in competing transactions involving the same buyer does not in and of
itself breach the duty of loyalty to the sellers or create a
conflict of interest. [1997 c 217 § 2; 1996 c 179 § 4.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.050 Buyer’s agent—Duties. (1) Unless
additional duties are agreed to in writing signed by a buyer’s
(2002 Ed.)
18.86.030
agent, the duties of a buyer’s agent are limited to those set
forth in RCW 18.86.030 and the following, which may not
be waived except as expressly set forth in (e) of this subsection:
(a) To be loyal to the buyer by taking no action that is
adverse or detrimental to the buyer’s interest in a transaction;
(b) To timely disclose to the buyer any conflicts of
interest;
(c) To advise the buyer to seek expert advice on matters
relating to the transaction that are beyond the agent’s
expertise;
(d) Not to disclose any confidential information from or
about the buyer, except under subpoena or court order, even
after termination of the agency relationship; and
(e) Unless otherwise agreed to in writing after the
buyer’s agent has complied with RCW 18.86.030(1)(f), to
make a good faith and continuous effort to find a property
for the buyer; except that a buyer’s agent is not obligated to:
(i) Seek additional properties to purchase while the buyer is
a party to an existing contract to purchase; or (ii) show
properties as to which there is no written agreement to pay
compensation to the buyer’s agent.
(2)(a) The showing of property in which a buyer is
interested to other prospective buyers by a buyer’s agent
does not in and of itself breach the duty of loyalty to the
buyer or create a conflict of interest.
(b) The representation of more than one buyer by
different licensees affiliated with the same broker in competing transactions involving the same property does not in and
of itself breach the duty of loyalty to the buyers or create a
conflict of interest. [1997 c 217 § 3; 1996 c 179 § 5.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.060 Dual agent—Duties. (1) Notwithstanding
any other provision of this chapter, a licensee may act as a
dual agent only with the written consent of both parties to
the transaction after the dual agent has complied with RCW
18.86.030(1)(f), which consent must include a statement of
the terms of compensation.
(2) Unless additional duties are agreed to in writing
signed by a dual agent, the duties of a dual agent are limited
to those set forth in RCW 18.86.030 and the following,
which may not be waived except as expressly set forth in (e)
and (f) of this subsection:
(a) To take no action that is adverse or detrimental to
either party’s interest in a transaction;
(b) To timely disclose to both parties any conflicts of
interest;
(c) To advise both parties to seek expert advice on
matters relating to the transaction that are beyond the dual
agent’s expertise;
(d) Not to disclose any confidential information from or
about either party, except under subpoena or court order,
even after termination of the agency relationship;
(e) Unless otherwise agreed to in writing after the dual
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a buyer for the
property; except that a dual agent is not obligated to seek
[Title 18 RCW—page 245]
18.86.060
Title 18 RCW: Businesses and Professions
additional offers to purchase the property while the property
is subject to an existing contract for sale; and
(f) Unless otherwise agreed to in writing after the dual
agent has complied with RCW 18.86.030(1)(f), to make a
good faith and continuous effort to find a property for the
buyer; except that a dual agent is not obligated to: (i) Seek
additional properties to purchase while the buyer is a party
to an existing contract to purchase; or (ii) show properties as
to which there is no written agreement to pay compensation
to the dual agent.
(3)(a) The showing of properties not owned by the seller
to prospective buyers or the listing of competing properties
for sale by a dual agent does not in and of itself constitute
action that is adverse or detrimental to the seller or create a
conflict of interest.
(b) The representation of more than one seller by
different licensees affiliated with the same broker in competing transactions involving the same buyer does not in and of
itself constitute action that is adverse or detrimental to the
sellers or create a conflict of interest.
(4)(a) The showing of property in which a buyer is
interested to other prospective buyers or the presentation of
additional offers to purchase property while the property is
subject to a transaction by a dual agent does not in and of
itself constitute action that is adverse or detrimental to the
buyer or create a conflict of interest.
(b) The representation of more than one buyer by
different licensees affiliated with the same broker in competing transactions involving the same property does not in and
of itself constitute action that is adverse or detrimental to the
buyers or create a conflict of interest. [1997 c 217 § 4;
1996 c 179 § 6.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.070 Duration of agency relationship. (1) The
agency relationships set forth in this chapter commence at
the time that the licensee undertakes to provide real estate
brokerage services to a principal and continue until the
earliest of the following:
(a) Completion of performance by the licensee;
(b) Expiration of the term agreed upon by the parties;
(c) Termination of the relationship by mutual agreement
of the parties; or
(d) Termination of the relationship by notice from either
party to the other. However, such a termination does not
affect the contractual rights of either party.
(2) Except as otherwise agreed to in writing, a licensee
owes no further duty after termination of the agency relationship, other than the duties of:
(a) Accounting for all moneys and property received
during the relationship; and
(b) Not disclosing confidential information. [1997 c 217
§ 5; 1996 c 179 § 7.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
[Title 18 RCW—page 246]
18.86.080 Compensation. (1) In any real estate
transaction, the broker’s compensation may be paid by the
seller, the buyer, a third party, or by sharing the compensation between brokers.
(2) An agreement to pay or payment of compensation
does not establish an agency relationship between the party
who paid the compensation and the licensee.
(3) A seller may agree that a seller’s agent may share
with another broker the compensation paid by the seller.
(4) A buyer may agree that a buyer’s agent may share
with another broker the compensation paid by the buyer.
(5) A broker may be compensated by more than one
party for real estate brokerage services in a real estate
transaction, if those parties consent in writing at or before
the time of signing an offer in the transaction.
(6) A buyer’s agent or dual agent may receive compensation based on the purchase price without breaching any
duty to the buyer.
(7) Nothing contained in this chapter negates the
requirement that an agreement authorizing or employing a
licensee to sell or purchase real estate for compensation or
a commission be in writing and signed by the seller or
buyer. [1997 c 217 § 6; 1996 c 179 § 8.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: See note
following RCW 18.86.120.
Effective date—1997 c 217 §§ 1-6 and 8: See note following RCW
18.86.020.
18.86.090 Vicarious liability. (1) A principal is not
liable for an act, error, or omission by an agent or subagent
of the principal arising out of an agency relationship:
(a) Unless the principal participated in or authorized the
act, error, or omission; or
(b) Except to the extent that: (i) The principal benefited
from the act, error, or omission; and (ii) the court determines
that it is highly probable that the claimant would be unable
to enforce a judgment against the agent or subagent.
(2) A licensee is not liable for an act, error, or omission
of a subagent under this chapter, unless the licensee participated in or authorized the act, error or omission. This
subsection does not limit the liability of a real estate broker
for an act, error, or omission by an associate real estate
broker or real estate salesperson licensed to that broker.
[1996 c 179 § 9.]
18.86.100 Imputed knowledge and notice. (1)
Unless otherwise agreed to in writing, a principal does not
have knowledge or notice of any facts known by an agent or
subagent of the principal that are not actually known by the
principal.
(2) Unless otherwise agreed to in writing, a licensee
does not have knowledge or notice of any facts known by a
subagent that are not actually known by the licensee. This
subsection does not limit the knowledge imputed to a real
estate broker of any facts known by an associate real estate
broker or real estate salesperson licensed to such broker.
[1996 c 179 § 10.]
18.86.110 Application. This chapter supersedes only
the duties of the parties under the common law, including
fiduciary duties of an agent to a principal, to the extent
(2002 Ed.)
Real Estate Brokerage Relationships
inconsistent with this chapter. The common law continues
to apply to the parties in all other respects. This chapter
does not affect the duties of a licensee while engaging in the
authorized or unauthorized practice of law as determined by
the courts of this state. This chapter shall be construed
broadly. [1996 c 179 § 11.]
18.86.120 Pamphlet on the law of real estate
agency—Content. The pamphlet required under RCW
18.86.030(1)(f) shall consist of the entire text of RCW
18.86.010 through 18.86.030 and 18.86.040 through
18.86.110 with a separate cover page. The pamphlet shall
be 8 1/2 by 11 inches in size, the text shall be in print no
smaller than 10-point type, the cover page shall be in print
no smaller than 12-point type, and the title of the cover page
"The Law of Real Estate Agency" shall be in print no smaller than 18-point type. The cover page shall be in the
following form:
The Law of Real Estate Agency
This pamphlet describes your legal rights in dealing with
a real estate broker or salesperson. Please read it carefully
before signing any documents.
The following is only a brief summary of the
attached law:
Sec. 1. Definitions. Defines the specific terms used
in the law.
Sec. 2. Relationships between Licensees and the
Public. States that a licensee who works with a
buyer or tenant represents that buyer or tenant—
unless the licensee is the listing agent, a seller’s
subagent, a dual agent, the seller personally or the
parties agree otherwise. Also states that in a
transaction involving two different licensees affiliated with the same broker, the broker is a dual
agent and each licensee solely represents his or her
client—unless the parties agree in writing that both
licensees are dual agents.
Sec. 3. Duties of a Licensee Generally. Prescribes
the duties that are owed by all licensees, regardless
of who the licensee represents. Requires disclosure
of the licensee’s agency relationship in a specific
transaction.
Sec. 4. Duties of a Seller’s Agent. Prescribes the
additional duties of a licensee representing the
seller or landlord only.
Sec. 5. Duties of a Buyer’s Agent. Prescribes the
additional duties of a licensee representing the
buyer or tenant only.
Sec. 6. Duties of a Dual Agent. Prescribes the
additional duties of a licensee representing both
parties in the same transaction, and requires the
written consent of both parties to the licensee
acting as a dual agent.
Sec. 7. Duration of Agency Relationship. Describes when an agency relationship begins and
ends. Provides that the duties of accounting and
confidentiality continue after the termination of an
agency relationship.
(2002 Ed.)
18.86.110
Sec. 8. Compensation. Allows brokers to share
compensation with cooperating brokers. States that
payment of compensation does not necessarily
establish an agency relationship. Allows brokers to
receive compensation from more than one party in
a transaction with the parties’ consent.
Sec. 9. Vicarious Liability. Eliminates the common
law liability of a party for the conduct of the
party’s agent or subagent, unless the agent or
subagent is insolvent. Also limits the liability of a
broker for the conduct of a subagent associated
with a different broker.
Sec. 10. Imputed Knowledge and Notice. Eliminates the common law rule that notice to or knowledge of an agent constitutes notice to or knowledge
of the principal.
Sec. 11. Interpretation. This law replaces the
fiduciary duties owed by an agent to a principal
under the common law, to the extent that it conflicts with the common law.
[1997 c 217 § 7; 1996 c 179 § 13.]
Real estate agency pamphlet—1997 c 217 §§ 1-6: "Amendments set
forth in sections 1 through 6 of this act are not required to be included in
the pamphlet on the law of real estate agency required under RCW
18.86.030(1)(f) and 18.86.120 until January 1, 1998." [1997 c 217 § 8.]
Effective date—1997 c 217 § 7: "Section 7 of this act takes effect
January 1, 1998." [1997 c 217 § 10.]
18.86.900 Effective date—1996 c 179. This chapter
shall take effect on January 1, 1997. This chapter does not
apply to an agency relationship entered into before January
1, 1997, unless the principal and agent agree in writing that
this chapter will, as of January 1, 1997, apply to such
agency relationship. [1996 c 179 § 12.]
18.86.901 Captions not law—1996 c 179. Captions
used in this chapter do not constitute any part of the law.
[1996 c 179 § 15.]
18.86.902 Effective date—1996 c 179. This act shall
take effect January 1, 1997. [1996 c 179 § 19.]
Chapter 18.88A
NURSING ASSISTANTS
Sections
18.88A.010
18.88A.020
18.88A.030
18.88A.040
18.88A.050
18.88A.060
18.88A.080
18.88A.085
18.88A.090
18.88A.100
18.88A.110
18.88A.120
18.88A.130
18.88A.140
18.88A.150
18.88A.200
18.88A.210
18.88A.230
Legislative declaration.
Definitions.
Scope of practice—Voluntary certification—Rules.
Registration and certification.
Powers of secretary.
Commission—Powers.
Registration requirements.
Certification of requirements.
Examinations.
Waiver of examination for initial applications.
Certificates for applicants credentialed in another state.
Applications for registration and certification—Fee.
Renewal of registration or certification.
Exemptions.
Application of uniform disciplinary act.
Delegation of nursing care tasks—Legislative finding.
Delegation—Generally.
Delegation—Liability—Reprisal or disciplinary action.
[Title 18 RCW—page 247]
Chapter 18.88A
Title 18 RCW: Businesses and Professions
18.88A.900 Severability—1991 c 16.
18.88A.010 Legislative declaration. The legislature
takes special note of the contributions made by nursing
assistants in health care facilities whose tasks are arduous
and whose working conditions may be contributing to the
high and often critical turnover among the principal cadre of
health care workers who provide for the basic needs of
patients. The legislature also recognizes the growing
shortage of nurses as the proportion of the elderly population
grows and as the acuity of patients in hospitals and nursing
homes becomes generally more severe.
The legislature finds and declares that occupational
nursing assistants should have a formal system of educational and experiential qualifications leading to career mobility
and advancement. The establishment of such a system
should bring about a more stabilized work force in health
care facilities, as well as provide a valuable resource for
recruitment into licensed nursing practice.
The legislature finds that the quality of patient care in
health care facilities is dependent upon the competence of
the personnel who staff their facilities. To assure the
availability of trained personnel in health care facilities the
legislature recognizes the need for training programs for
nursing assistants.
The legislature declares that the registration of nursing
assistants and providing for voluntary certification of those
who wish to seek higher levels of qualification is in the
interest of the public health, safety, and welfare.[1991 c 16
§ 1; 1989 c 300 § 3; 1988 c 267 § 1. Formerly RCW
18.52B.010.]
18.88A.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health.
(3) "Commission" means the Washington nursing care
quality assurance commission.
(4) "Nursing assistant" means an individual, regardless
of title, who, under the direction and supervision of a
registered nurse or licensed practical nurse, assists in the
delivery of nursing and nursing-related activities to patients
in a health care facility. The two levels of nursing assistants
are (a) "nursing assistant-certified," an individual certified
under this chapter, (b) "nursing assistant-registered," an
individual registered under this chapter.
(5) "Approved training program" means a nursing
assistant-certified training program approved by the commission. For community college, vocational-technical institutes,
skill centers, and secondary school as defined in chapter
28B.50 RCW, nursing assistant-certified training programs
shall be approved by the commission in cooperation with the
board for community and technical colleges or the superintendent of public instruction.
(6) "Health care facility" means a nursing home,
hospital, hospice care facility, home health care agency,
hospice agency, or other entity for delivery of health care
services as defined by the commission.
(7) "Competency evaluation" means the measurement of
an individual’s knowledge and skills as related to safe,
[Title 18 RCW—page 248]
competent performance as a nursing assistant. [1994 sp.s. c
9 § 708; 1991 c 16 § 2; (1991 c 3 § 221 repealed by 1991
sp.s. c 11 § 2); 1989 c 300 § 4; 1988 c 267 § 2. Formerly
RCW 18.52B.020.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Nursing care quality assurance commission: Chapter 18.79 RCW.
18.88A.030 Scope of practice—Voluntary certification—Rules. (1) A nursing assistant may assist in the care
of individuals as delegated by and under the direction and
supervision of a licensed (registered) nurse or licensed
practical nurse.
(2) A health care facility shall not assign a nursing
assistant-registered to provide care until the nursing assistantregistered has demonstrated skills necessary to perform
competently all assigned duties and responsibilities.
(3) Nothing in this chapter shall be construed to confer
on a nursing assistant the authority to administer medication
unless delegated as a specific nursing task pursuant to this
chapter or to practice as a licensed (registered) nurse or
licensed practical nurse as defined in chapter 18.79 RCW.
(4) Certification is voluntary for nursing assistants
working in health care facilities other than nursing homes
unless otherwise required by state or federal law or regulation.
(5) The commission may adopt rules to implement the
provisions of this chapter. [1995 1st sp.s. c 18 § 52; 1994
sp.s. c 9 § 709; 1991 c 16 § 3; 1989 c 300 § 5; 1988 c 267
§ 3. Formerly RCW 18.52B.030.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.040 Registration and certification. (1) No
person may practice or represent himself or herself as a
nursing assistant-registered by use of any title or description
without being registered by the department pursuant to this
chapter.
(2) After October 1, 1990, no person may by use of any
title or description, practice or represent himself or herself as
a nursing assistant-certified without applying for certification,
meeting the qualifications, and being certified by the
department pursuant to this chapter. [1991 c 16 § 4; 1989
c 300 § 6; 1988 c 267 § 4. Formerly RCW 18.52B.040.]
18.88A.050 Powers of secretary. In addition to any
other authority provided by law, the secretary has the
authority to:
(1) Set all certification, registration, and renewal fees in
accordance with RCW 43.70.250 and to collect and deposit
all such fees in the health professions account established
under RCW 43.70.320;
(2) Establish forms, procedures, and examinations
necessary to administer this chapter;
(3) Hire clerical, administrative, and investigative staff
as needed to implement this chapter;
(4) Issue a registration to any applicant who has met the
requirements for registration;
(2002 Ed.)
Nursing Assistants
(5) After January 1, 1990, issue a certificate to any
applicant who has met the education, training, and conduct
requirements for certification;
(6) Maintain the official record for the department of all
applicants and persons with registrations and certificates;
(7) Exercise disciplinary authority as authorized in
chapter 18.130 RCW;
(8) Deny registration to any applicant who fails to meet
requirement for registration;
(9) Deny certification to applicants who do not meet the
education, training, competency evaluation, and conduct
requirements for certification. [1991 c 16 § 6; (1991 c 3 §
222 repealed by 1991 sp.s. c 11 § 2); 1989 c 300 § 7; 1988
c 267 § 6. Formerly RCW 18.52B.060.]
18.88A.060 Commission—Powers. In addition to any
other authority provided by law, the commission may:
(1) Determine minimum education requirements and
approve training programs;
(2) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations of training and competency for applicants for
certification;
(3) Determine whether alternative methods of training
are equivalent to approved training programs, and establish
forms, procedures, and criteria for evaluation of an
applicant’s alternative training to determine the applicant’s
eligibility to take any qualifying examination for certification;
(4) Define and approve any experience requirement for
certification;
(5) Adopt rules implementing a continuing competency
evaluation program;
(6) Adopt rules to enable it to carry into effect the
provisions of this chapter. [1994 sp.s. c 9 § 710; 1991 c 16
§ 8; 1989 c 300 § 8; 1988 c 267 § 7. Formerly RCW
18.52B.070.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.080 Registration requirements. (1) The
secretary shall issue a registration to any applicant who pays
any applicable fees and submits, on forms provided by the
secretary, the applicant’s name, address, and other information as determined by the secretary, provided there are no
grounds for denial of registration or issuance of a conditional
registration under this chapter or chapter 18.130 RCW.
(2) Applicants must file an application with the commission for registration within three days of employment. [1994
sp.s. c 9 § 711; 1991 c 16 § 10; (1991 c 3 § 224 repealed by
1991 sp.s. c 11 § 2); 1989 c 300 § 10; 1988 c 267 § 10.
Formerly RCW 18.52B.100.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.085 Certification of requirements. (1) After
January 1, 1990, the secretary shall issue a certificate to any
applicant who demonstrates to the secretary’s satisfaction
that the following requirements have been met:
(2002 Ed.)
18.88A.050
(a) Completion of an approved training program or
successful completion of alternate training meeting established criteria approved by the commission; and
(b) Successful completion of a competency evaluation.
(2) In addition, applicants shall be subject to the
grounds for denial of certification under chapter 18.130
RCW. [1994 sp.s. c 9 § 712; 1991 c 16 § 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.090 Examinations. (1) The date and location
of examinations shall be established by the secretary.
Applicants who have been found by the secretary to meet the
requirements for certification shall be scheduled for the next
examination following the filing of the application. The
secretary shall establish by rule the examination application
deadline.
(2) The commission shall examine each applicant, by a
written or oral and a manual component of competency
evaluation. Examinations shall be limited to the purpose of
determining whether the applicant possesses the minimum
skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of skills demonstration shall be preserved for
a period of not less than one year after the commission has
made and published the decisions. All examinations shall be
conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent
examinations as the applicant desires upon prepaying a fee
determined by the secretary under RCW 43.70.250 for each
subsequent examination. Upon failing four examinations, the
secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
(5) The commission may approve an examination
prepared or administered by a private testing agency or
association of licensing agencies for use by an applicant in
meeting the credentialing requirements. [1994 sp.s. c 9 §
713; 1991 c 3 § 225; 1989 c 300 § 11; 1988 c 267 § 13.
Formerly RCW 18.52B.130.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.100 Waiver of examination for initial
applications. The secretary shall waive the competency
evaluation and certify a person to practice within the state of
Washington if the commission determines that the person
meets commonly accepted standards of education and
experience for the nursing assistants. This section applies
only to those individuals who file an application for waiver
by December 31, 1991. [1994 sp.s. c 9 § 714. Prior: 1991
c 16 § 12; 1991 c 3 § 226; 1989 c 300 § 12; 1988 c 267 §
15. Formerly RCW 18.52B.140.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.110 Certificates for applicants credentialed
in another state. An applicant holding a credential in
another state may be certified by endorsement to practice in
this state without examination if the secretary determines that
[Title 18 RCW—page 249]
18.88A.110
Title 18 RCW: Businesses and Professions
the other state’s credentialing standards are substantially
equivalent to the standards in this state. [1991 c 16 § 13.]
18.88A.120 Applications for registration and
certification—Fee. Applications for registration and
certification shall be submitted on forms provided by the
secretary. The secretary may require any information and
documentation that reasonably relates to the need to determine whether the applicant meets the criteria for registration
and certification credentialing provided for in this chapter
and chapter 18.130 RCW. Each applicant shall comply with
administrative procedures, administrative requirements, and
fees determined by the secretary under RCW 43.70.250 and
43.70.280. [1996 c 191 § 74; 1991 c 16 § 14.]
18.88A.130 Renewal of registration or certification.
Registrations and certifications shall be renewed according
to administrative procedures, administrative requirements,
and fees determined by the secretary under RCW 43.70.250
and 43.70.280. [1996 c 191 § 75; 1994 sp.s. c 9 § 715;
1991 c 16 § 15.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.88A.140 Exemptions. Nothing in this chapter may
be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing
services within their authorized scope of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor. [2000 c 171
§ 25; 1991 c 16 § 5.]
18.88A.150 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unregistered or uncertified practice, issuance of certificates
and registrations, and the discipline of persons registered or
with certificates under this chapter. The secretary shall be
the disciplinary authority under this chapter. [1991 c 16 §
7.]
18.88A.200 Delegation of nursing care tasks—
Legislative finding. The legislature recognizes that nurses
have been successfully delegating nursing care tasks to
family members and auxiliary staff for many years. The
opportunity for a nurse to delegate to nursing assistants
qualifying under RCW 18.88A.210 may enhance the viability
and quality of care in community health settings for longterm care services and to allow citizens to live as independently as possible with maximum safeguards. [1995 1st sp.s.
c 18 § 45.]
18.88A.210 Delegation—Generally. (1) A nursing
assistant meeting the requirements of this section who
provides care to individuals in community-based care
settings, as defined in RCW 18.79.260(3), may accept
delegation of nursing care tasks by a registered nurse as
provided in RCW 18.79.260(3).
(2) For the purposes of this section, "nursing assistant"
means a nursing assistant-registered or a nursing assistantcertified. Nothing in this section may be construed to affect
the authority of nurses to delegate nursing tasks to other
persons, including licensed practical nurses, as authorized by
law.
(3) Before commencing any specific nursing care tasks
authorized under this chapter, the nursing assistant must (a)
provide to the delegating nurse a certificate of completion
issued by the department of social and health services
indicating the completion of basic core nurse delegation
training, (b) be regulated by the department of health
pursuant to this chapter, subject to the uniform disciplinary
act under chapter 18.130 RCW, and (c) meet any additional
training requirements identified by the nursing care quality
assurance commission. Exceptions to these training requirements must adhere to RCW 18.79.260(3)(d)(iii). [2000 c 95
§ 1; 1998 c 272 § 10; 1995 1st sp.s. c 18 § 46.]
Findings—Severability—Effective date—1998 c 272: See notes
following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.88A.230 Delegation—Liability—Reprisal or
disciplinary action. (1) The nursing assistant shall be
accountable for their own individual actions in the delegation
process. Nursing assistants following written delegation
instructions from registered nurses performed in the course
of their accurately written, delegated duties shall be immune
from liability.
(2) Nursing assistants shall not be subject to any
employer reprisal or disciplinary action by the secretary for
refusing to accept delegation of a nursing task based on
patient safety issues. No community-based care setting as
defined in RCW 18.79.260(3)(d) may discriminate or
retaliate in any manner against a person because the person
made a complaint or cooperated in the investigation of a
complaint. [2000 c 95 § 2; 1998 c 272 § 11; 1997 c 275 §
6; 1995 1st sp.s. c 18 § 48.]
Findings—Severability—Effective date—1998 c 272: See notes
following RCW 18.20.230.
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
18.88A.900 Severability—1991 c 16. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 16 § 17.]
Conflict with federal requirements—Severability—Effective date—
1995 1st sp.s. c 18: See notes following RCW 74.39A.030.
[Title 18 RCW—page 250]
(2002 Ed.)
Respiratory Care Practitioners
Chapter 18.89
RESPIRATORY CARE PRACTITIONERS
Sections
18.89.010
18.89.015
18.89.020
18.89.030
18.89.040
18.89.050
18.89.060
18.89.080
18.89.090
18.89.100
18.89.110
18.89.120
18.89.140
18.89.150
18.89.901
Regulation
Legislative findings—Insurance coverage not mandated.
Unlawful practice, when.
Definitions.
Respiratory care practitioner—What constitutes.
Scope of practice.
Powers of secretary—Ad hoc advisers—Application of
Uniform Disciplinary Act.
Record of proceedings.
Secretary and ad hoc committee immune from liability.
Licensure—Qualifications.
Certification—Competency requirements.
Licensure—Examination.
Licensure—Application form—Fee.
Renewal of licenses—Continuing education.
Reciprocity.
Severability—1987 c 415.
of health professions—Criteria: Chapter 18.120 RCW.
18.89.010 Legislative findings—Insurance coverage
not mandated. The legislature finds that in order to
safeguard life, health, and to promote public welfare, a
person practicing or offering to practice respiratory care as
a respiratory care practitioner in this state shall be required
to submit evidence that he or she is qualified to practice, and
shall be licensed as provided. The settings for these services
may include, health facilities licensed in this state, clinics,
home care, home health agencies, physicians’ offices, and
public or community health services. Nothing in this chapter
shall be construed to require that individual or group policies
or contracts of an insurance carrier, health care service
contractor, or health maintenance organization provide
benefits or coverage for services and supplies provided by a
person certified under this chapter. [1997 c 334 § 1; 1987
c 415 § 1.]
Effective dates—1997 c 334: "(1) Sections 5, 9, and 10 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect July 1, 1997.
(2) Sections 1 through 4, 6 through 8, and 11 through 15 of this act
take effect July 1, 1998." [1997 c 334 § 16.]
18.89.015 Unlawful practice, when. After July 1,
1998, it shall be unlawful for a person to practice or to offer
to practice as a respiratory care practitioner in this state or
to use a title, sign, or device to indicate that such a person
is practicing as a respiratory care practitioner unless the
person has been duly licensed and registered under the
provisions of this chapter. [1997 c 334 § 2.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the
secretary’s designee.
(3) "Respiratory care practitioner" means an individual
licensed under this chapter.
(4) "Physician" means an individual licensed under
chapter 18.57 or 18.71 RCW. [1997 c 334 § 3; 1994 sp.s.
c 9 § 511; 1991 c 3 § 227; 1987 c 415 § 2.]
(2002 Ed.)
Chapter 18.89
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.030 Respiratory care practitioner—What
constitutes. A respiratory care practitioner is a person who
adopts or uses any title or any description of services which
incorporates one or more of the following terms or designations: (1) RT, (2) RCP, (3) respiratory care practitioner, (4)
respiratory therapist, (5) respiratory technician, (6) inhalation
therapist, or (7) any other words, abbreviation, or insignia
indicating that he or she is a respiratory care practitioner.
[1987 c 415 § 4.]
18.89.040 Scope of practice. (1) A respiratory care
practitioner licensed under this chapter is employed in the
treatment, management, diagnostic testing, rehabilitation, and
care of patients with deficiencies and abnormalities which
affect the cardiopulmonary system and associated aspects of
other systems, and is under the direct order and under the
qualified medical direction of a physician. The practice of
respiratory care includes:
(a) The use and administration of prescribed medical
gases, exclusive of general anesthesia;
(b) The use of air and oxygen administering apparatus;
(c) The use of humidification and aerosols;
(d) The administration, to the extent of training, as
determined by the secretary, of prescribed pharmacologic
agents related to respiratory care;
(e) The use of mechanical ventilatory, hyperbaric, and
physiological support;
(f) Postural drainage, chest percussion, and vibration;
(g) Bronchopulmonary hygiene;
(h) Cardiopulmonary resuscitation as it pertains to
advanced cardiac life support or pediatric advanced life
support guidelines;
(i) The maintenance of natural and artificial airways and
insertion, without cutting tissues, of artificial airways, as
prescribed by a physician;
(j) Diagnostic and monitoring techniques such as the
collection and measurement of cardiorespiratory specimens,
volumes, pressures, and flows;
(k) The insertion of devices to draw, analyze, infuse, or
monitor pressure in arterial, capillary, or venous blood as
prescribed by a physician or an advanced registered nurse
practitioner as authorized by the nursing care quality
assurance commission under chapter 18.79 RCW; and
(l) Diagnostic monitoring of and therapeutic interventions for desaturation, ventilatory patterns, and related sleep
abnormalities to aid the physician in diagnosis. This
subsection does not prohibit any person from performing
sleep monitoring tasks as set forth in this subsection under
the supervision or direction of a licensed health care provider.
(2) Nothing in this chapter prohibits or restricts:
(a) The practice of a profession by individuals who are
licensed under other laws of this state who are performing
services within their authorized scope of practice, that may
overlap the services provided by respiratory care practitioners;
(b) The practice of respiratory care by an individual
employed by the government of the United States while the
[Title 18 RCW—page 251]
18.89.040
Title 18 RCW: Businesses and Professions
individual is engaged in the performance of duties prescribed
for him or her by the laws and rules of the United States;
(c) The practice of respiratory care by a person pursuing
a supervised course of study leading to a degree or certificate in respiratory care as a part of an accredited and
approved educational program, if the person is designated by
a title that clearly indicates his or her status as a student or
trainee and limited to the extent of demonstrated proficiency
of completed curriculum, and under direct supervision;
(d) The use of the title "respiratory care practitioner" by
registered nurses authorized under chapter 18.79 RCW; or
(e) The practice without compensation of respiratory
care of a family member.
Nothing in this chapter shall be construed to require that
individual or group policies or contracts of an insurance
carrier, health care service contractor, or health maintenance
organization provide benefits or coverage for services and
supplies provided by a person licensed under this chapter.
[1999 c 84 § 1; 1997 c 334 § 4; 1994 sp.s. c 9 § 716; 1987
c 415 § 5.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.050 Powers of secretary—Ad hoc advisers—
Application of Uniform Disciplinary Act. (1) In addition
to any other authority provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW,
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Issue a license to any applicant who has met the
education, training, and examination requirements for
licensure;
(e) Hire clerical, administrative, and investigative staff
as needed to implement this chapter and hire individuals
licensed under this chapter to serve as examiners for any
practical examinations;
(f) Approve those schools from which graduation will
be accepted as proof of an applicant’s eligibility to take the
licensure examination, specifically requiring that applicants
must have completed programs with two-year curriculum;
(g) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for licensure;
(h) Determine whether alternative methods of training
are equivalent to formal education and establish forms,
procedures, and criteria for evaluation of an applicant’s
alternative training to determine the applicant’s eligibility to
take the examination;
(i) Determine which states have legal credentialing
requirements equivalent to those of this state and issue
licenses to individuals legally credentialed in those states
without examination;
(j) Define and approve any experience requirement for
licensure; and
(k) Appoint members of the profession to serve in an ad
hoc advisory capacity to the secretary in carrying out this
chapter. The members will serve for designated times and
[Title 18 RCW—page 252]
provide advice on matters specifically identified and requested by the secretary. The members shall be compensated in
accordance with RCW 43.03.220 and reimbursed for travel
expenses under RCW 43.03.040 and 43.03.060.
(2) The provisions of chapter 18.130 RCW shall govern
the issuance and denial of licenses, unlicensed practice, and
the disciplining of persons licensed under this chapter. The
secretary shall be the disciplining authority under this
chapter. [1997 c 334 § 5; 1994 sp.s. c 9 § 512; 1991 c 3 §
228; 1987 c 415 § 6.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.060 Record of proceedings. The secretary shall
keep an official record of all proceedings, a part of which
record shall consist of a register of all applicants for licensure under this chapter, with the result of each application.
[1997 c 334 § 6; 1991 c 3 § 229; 1987 c 415 § 7.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.080 Secretary and ad hoc committee immune
from liability. The secretary, ad hoc committee members,
or individuals acting on their behalf are immune from suit in
any civil action based on any licensure or disciplinary
proceedings, or other official acts performed in the course of
their duties. [1997 c 334 § 7; 1994 sp.s. c 9 § 513; 1991 c
3 § 231; 1987 c 415 § 9.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.89.090 Licensure—Qualifications. (1) The
secretary shall issue a license to any applicant who demonstrates to the secretary’s satisfaction that the following
requirements have been met:
(a) Graduation from a school approved by the secretary
or successful completion of alternate training which meets
the criteria established by the secretary;
(b) Successful completion of an examination administered or approved by the secretary;
(c) Successful completion of any experience requirement
established by the secretary;
(d) Good moral character.
In addition, applicants shall be subject to the grounds
for denial or issuance of a conditional license under chapter
18.130 RCW.
(2) A person who meets the qualifications to be admitted to the examination for licensure as a respiratory care
practitioner may practice as a respiratory care practitioner
under the supervision of a respiratory care practitioner
licensed under this chapter between the date of filing an
application for licensure and the announcement of the results
of the next succeeding examination for licensure if that
person applies for and takes the first examination for which
he or she is eligible.
(3) A person certified as a respiratory care practitioner
in good standing on July 1, 1998, who applies within one
year of July 1, 1998, may be licensed without having
completed the two-year curriculum set forth in RCW
(2002 Ed.)
Respiratory Care Practitioners
18.89.050(1)(f), and without having to retake an examination
under subsection (1)(b) of this section.
(4) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria. [1997 c 334 § 8;
1991 c 3 § 232; 1987 c 415 § 10.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.100 Certification—Competency requirements.
The secretary shall approve only those persons who have
achieved the minimum level of competency as defined by
the secretary. The secretary shall establish by rule the
standards and procedures for approval of alternate training
and shall have the authority to contract with individuals or
organizations having expertise in the profession, or in
education, to assist in evaluating those applying for approval.
The standards and procedures set shall apply equally to
schools and training within the United States and those in
foreign jurisdictions. [1991 c 3 § 233; 1987 c 415 § 11.]
18.89.110 Licensure—Examination. (1) The date
and location of the examination shall be established by the
secretary. Applicants who have been found by the secretary
to meet the other requirements for licensure shall be scheduled for the next examination following the filing of the
application. However, the applicant shall not be scheduled
for any examination taking place sooner than sixty days after
the application is filed.
(2) The secretary shall examine each applicant, by
means determined most effective, on subjects appropriate to
the scope of practice. Such examinations shall be limited to
the purpose of determining whether the applicant possesses
the minimum skill and knowledge necessary to practice
competently, and shall meet generally accepted standards of
fairness and validity for licensure examinations.
(3) All examinations shall be conducted by the secretary, and all grading of the examinations shall be under fair
and wholly impartial methods.
(4) Any applicant who fails to make the required grade
in the first examination is entitled to take up to three
subsequent examinations, upon compliance with administrative procedures, administrative requirements, and fees
determined by the secretary under RCW 43.70.250 and
43.70.280 and such remedial education as is deemed necessary.
(5) The secretary may approve an examination prepared
and administered by a private testing agency or association
of credentialing boards for use by an applicant in meeting
the licensure requirement. [1997 c 334 § 9; 1996 c 191 §
76; 1991 c 3 § 234; 1987 c 415 § 12.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.120 Licensure—Application form—Fee.
Applications for licensure shall be submitted on forms
provided by the secretary. The secretary may require any
information and documentation which reasonably relates to
the need to determine whether the applicant meets the
criteria for licensure provided in this chapter and chapter
18.130 RCW. All applicants shall comply with administrative procedures, administrative requirements, and fees
determined by the secretary under RCW 43.70.250 and
(2002 Ed.)
18.89.090
43.70.280. [1997 c 334 § 10; 1996 c 191 § 77; 1991 c 3 §
235; 1987 c 415 § 13.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.140 Renewal of licenses—Continuing education. Licenses shall be renewed according to administrative
procedures, administrative requirements, continuing education requirements, and fees determined by the secretary
under RCW 43.70.250 and 43.70.280. A minimum of thirty
hours of continuing education approved by the secretary
must be completed every two years to meet the continuing
education requirements under this section. [2000 c 93 § 43;
1997 c 334 § 11; 1996 c 191 § 78; 1991 c 3 § 237; 1987 c
415 § 15.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.150 Reciprocity. An applicant holding a license
in another state may be licensed to practice in this state
without examination if the secretary determines that the other
state’s licensing standards are substantially equivalent to the
standards in this state. [1997 c 334 § 12.]
Effective dates—1997 c 334: See note following RCW 18.89.010.
18.89.901 Severability—1987 c 415. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 415 § 21.]
Chapter 18.92
VETERINARY MEDICINE, SURGERY,
AND DENTISTRY
Sections
18.92.010
18.92.012
18.92.013
18.92.015
18.92.021
18.92.030
18.92.035
18.92.040
18.92.046
18.92.047
18.92.051
18.92.060
18.92.070
18.92.100
18.92.115
18.92.120
18.92.125
18.92.130
18.92.135
18.92.140
18.92.145
18.92.150
18.92.230
18.92.240
18.92.250
18.92.260
Veterinary practice defined.
Authority to dispense legend drugs prescribed by other
veterinarians.
Dispensing of drugs by registered personnel.
Definitions.
Veterinary board of governors—Appointment, qualifications,
terms, officers—Quorum.
General duties of board.
Board to certify successful examinees.
Compensation and travel expenses of board members.
Application of uniform disciplinary act.
Impaired veterinarian program—Content—License surcharge.
Compliance with chapter required.
Licensing exemptions.
Applications—Procedure—Qualifications—Eligibility to take
examination.
Examinations—Time of—Subjects—Manner.
Reexamination—Fee.
License—Temporary certificates, restrictions.
Veterinary technicians or veterinary medication clerks.
License—Reciprocity with other states—Fee.
License to practice specialized veterinary medicine.
License—Procedures, requirements, fees.
License, certificates of registration, permit, examination, and
renewal fees.
License—Display.
Use of another’s license or diploma a felony—Penalty.
Violations generally—Penalty.
Intent—Veterinary services—Low-income households.
Animal care societies/nonprofit humane societies—Lowincome households—License required—Rule-making
[Title 18 RCW—page 253]
Chapter 18.92
Title 18 RCW: Businesses and Professions
authority—Uniform disciplinary act—Registration—
Fees.
18.92.900 Severability—1941 c 71.
Duty of veterinarians to report diseases: RCW 16.36.080.
18.92.010 Veterinary practice defined. Any person
shall be regarded as practicing veterinary medicine, surgery
and dentistry within the meaning of this chapter who shall,
within this state, (1) by advertisement, or by any notice,
sign, or other indication, or by a statement written, printed
or oral, in public or private, made, done, or procured by
himself or herself, or any other, at his or her request, for him
or her, represent, claim, announce, make known or pretend
his or her ability or willingness to diagnose or prognose or
treat diseases, deformities, defects, wounds, or injuries of
animals; (2) or who shall so advertise, make known, represent or claim his or her ability and willingness to prescribe
or administer any drug, medicine, treatment, method or
practice, or to perform any operation, manipulation, or apply
any apparatus or appliance for cure, amelioration, correction
or reduction or modification of any animal disease, deformity, defect, wound or injury, for hire, fee, compensation, or
reward, promised, offered, expected, received, or accepted
directly or indirectly; (3) or who shall within this state
diagnose or prognose any animal diseases, deformities,
defects, wounds or injuries, for hire, fee, reward, or compensation promised, offered, expected, received, or accepted
directly or indirectly; (4) or who shall within this state
prescribe or administer any drug, medicine, treatment,
method or practice, or perform any operation, or manipulation, or apply any apparatus or appliance for the cure,
amelioration, alleviation, correction, or modification of any
animal disease, deformity, defect, wound, or injury, for hire,
fee, compensation, or reward, promised, offered, expected,
received or accepted directly or indirectly; (5) or who
performs any manual procedure for the diagnosis of pregnancy, sterility, or infertility upon livestock; (6) or who implants
any electronic device for the purpose of establishing or
maintaining positive identification of animals.
The opening of an office or place of business for the
practice of veterinary medicine, the use of a sign, card,
device or advertisement as a practitioner of veterinary
medicine or as a person skilled in such practice shall be
prima facie evidence of engaging in the practice of veterinary medicine, surgery and dentistry. [1995 c 317 § 1; 1959
c 92 § 1; 1941 c 71 § 1; Rem. Supp. 1941 § 10040-1. Prior:
1907 c 124 § 1. FORMER PART OF SECTION: 1941 c
71 § 21; Rem. Supp. 1941 § 10040-21, now codified as
RCW 18.92.015.]
18.92.012 Authority to dispense legend drugs
prescribed by other veterinarians. A veterinarian licensed
under this chapter may dispense veterinary legend drugs
prescribed by other veterinarians licensed under this chapter,
so long as, during any year, the total drugs so dispensed do
not constitute more than five percent of the total dosage
units of legend drugs the veterinarian dispenses and the
veterinarian maintains records of his or her dispensing
activities consistent with the requirements of chapters 18.64,
69.04, 69.41, and 69.50 RCW. For purposes of this section,
a "veterinary legend drug" is a legend drug, as defined in
chapter 69.41 RCW, which is either: (1) Restricted to use
[Title 18 RCW—page 254]
by licensed veterinarians by any law or regulation of the
federal government, or (2) designated by rule by the state
board of pharmacy as being a legend drug that one licensed
veterinarian may dispense for another licensed veterinarian
under this section. [1991 c 47 § 1.]
18.92.013 Dispensing of drugs by registered personnel. (1) A veterinarian legally prescribing drugs may
delegate to a registered veterinary medication clerk or a
registered veterinary technician, while under the
veterinarian’s direct supervision, certain nondiscretionary
functions defined by the board and used in the dispensing of
legend and nonlegend drugs (except controlled substances as
defined in or under chapter 69.50 RCW) associated with the
practice of veterinary medicine. Upon final approval of the
packaged prescription following a direct physical inspection
of the packaged prescription for proper formulation, packaging, and labeling by the veterinarian, the veterinarian may
delegate the delivery of the prescription to a registered
veterinary medication clerk or registered veterinary technician, while under the veterinarian’s indirect supervision.
Dispensing of drugs by veterinarians, registered veterinary
technicians, and registered veterinary medication clerks shall
meet the applicable requirements of chapters 18.64, 69.40,
69.41, and 69.50 RCW and is subject to inspection by the
board of pharmacy investigators.
(2) For the purposes of this section:
(a) "Direct supervision" means the veterinarian is on the
premises and is quickly and easily available; and
(b) "Indirect supervision" means the veterinarian is not
on the premises but has given written or oral instructions for
the delegated task. [2000 c 93 § 8; 1993 c 78 § 2.]
18.92.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
"Veterinary technician" means a person who has
successfully completed an examination administered by the
board and who has either successfully completed a post high
school course approved by the board in the care and treatment of animals or had five years’ practical experience,
acceptable to the board, with a licensed veterinarian.
"Board" means the Washington state veterinary board of
governors.
"Department" means the department of health.
"Secretary" means the secretary of the department of
health.
"Veterinary medication clerk" means a person who has
satisfactorily completed a board-approved training program
developed in consultation with the board of pharmacy and
designed to prepare persons to perform certain
nondiscretionary functions defined by the board and used in
the dispensing of legend and nonlegend drugs (except
controlled substances as defined in or under chapter 69.50
RCW) associated with the practice of veterinary medicine.
[2000 c 93 § 9; 1993 c 78 § 1; 1991 c 332 § 40; 1991 c 3
§ 238; 1983 c 102 § 1; 1979 c 158 § 71; 1974 ex.s. c 44 §
1; 1967 ex.s. c 50 § 1; 1959 c 92 § 2; 1941 c 71 § 21; Rem.
Supp. 1941 § 10040-21. Formerly RCW 18.92.010, part.]
C a p t i o n s n o t l a w — 1 9 9 1 c 3 3 2 : See note following RCW
18.130.010.
(2002 Ed.)
Veterinary Medicine, Surgery, and Dentistry
18.92.021 Veterinary board of governors—
Appointment, qualifications, terms, officers—Quorum.
(1) There is created a Washington state veterinary board of
governors consisting of six members, five of whom shall be
licensed veterinarians, and one of whom shall be a lay
member.
(2) The licensed members shall be appointed by the
governor. At the time of their appointment the licensed
members of the board must be actual residents of the state
in active practice as licensed practitioners of veterinary
medicine, surgery, and dentistry and must be citizens of the
United States. Not more than one licensed member shall be
from the same congressional district. The board shall not be
deemed to be unlawfully constituted and a member of the
board shall not be deemed ineligible to serve the remainder
of the member’s unexpired term on the board solely by
reason of the establishment of new or revised boundaries for
congressional districts.
The terms of the first licensed members of the board
shall be as follows: One member for five, four, three, two,
and one years respectively. Thereafter the terms shall be for
five years and until their successors are appointed and
qualified.
(3) The lay member shall be appointed by the governor
for a five year term and until the lay member’s successor is
appointed.
(4) A member may be appointed to serve a second term,
if that term does not run consecutively. Vacancies in the
board shall be filled by the governor, the appointee to hold
office for the remainder of the unexpired term.
(5) Officers of the board shall be a chairman and a
secretary-treasurer to be chosen by the members of the board
from among its members.
(6) Four members of the board shall constitute a quorum
at meetings of the board. [1983 c 2 § 2. Prior: 1982 1st
ex.s. c 30 § 5; 1982 c 134 § 1; 1979 ex.s. c 31 § 1; 1967
ex.s. c 50 § 2; 1959 c 92 § 3.]
Severability—1983 c 2: See note following RCW 18.71.030.
18.92.030 General duties of board. The board shall
develop and administer, or approve, or both, a licensure
examination in the subjects determined by the board to be
essential to the practice of veterinary medicine, surgery, and
dentistry. The board may approve an examination prepared
or administered by a private testing agency or association of
licensing authorities. The board, under chapter 34.05 RCW,
may adopt rules necessary to carry out the purposes of this
chapter, including the performance of the duties and responsibilities of veterinary technicians and veterinary medication
clerks. The rules shall be adopted in the interest of good
veterinary health care delivery to the consuming public and
shall not prevent veterinary technicians from inoculating an
animal. The board also has the power to adopt by rule
standards prescribing requirements for veterinary medical
facilities and fixing minimum standards of continuing
veterinary medical education.
The department is the official office of record. [2000
c 93 § 10; 1995 c 198 § 13; 1993 c 78 § 3; 1986 c 259 §
140; 1983 c 102 § 2; 1982 c 134 § 2; 1981 c 67 § 23; 1974
ex.s. c 44 § 2; 1967 ex.s. c 50 § 3; 1961 c 157 § 2; 1959 c
92 § 4; 1941 c 71 § 4; Rem. Supp. 1941 § 10040-4.
(2002 Ed.)
18.92.021
FORMER PART OF SECTION: 1941 c 71 § 9; Rem.
Supp. 1941 § 10040-9 now codified as RCW 18.92.035.]
Severability—1986 c 259: See note following RCW 18.130.010.
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
18.92.035 Board to certify successful examinees.
The board shall certify to the secretary the names of all
applicants who have successfully passed an examination and
are entitled to a license to practice veterinary medicine,
surgery and dentistry. The secretary shall thereupon issue a
license to practice veterinary medicine, surgery and dentistry
to such applicant. [1991 c 3 § 239; 1941 c 71 § 9; Rem.
Supp. 1941 § 10040-9. Formerly RCW 18.92.030, part.]
18.92.040 Compensation and travel expenses of
board members. Each member of the board shall be
compensated in accordance with RCW 43.70.250 and shall
be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060. No expense may be incurred by
members of the board except in connection with board
meetings without prior approval of the secretary. [1991 c 3
§ 240; 1984 c 287 § 51; 1983 c 102 § 4; 1975-’76 2nd ex.s.
c 34 § 53; 1974 ex.s. c 44 § 3; 1967 ex.s. c 50 § 4; 1959 c
92 § 5; 1941 c 71 § 5; 1913 c 79 § 2; 1907 c 124 § 13;
Rem. Supp. 1941 § 10040-5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—Effective date—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.92.046 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 58; 1986 c 259 § 139.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.047 Impaired veterinarian program—
Content—License surcharge. (1) To implement an
impaired veterinarian program as authorized by RCW
18.130.175, the veterinary board of governors shall enter into
a contract with a voluntary substance abuse monitoring
program. The impaired veterinarian program may include
any or all of the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired veterinarians to treatment
programs;
(e) Monitoring the treatment and rehabilitation of
impaired veterinarians including those ordered by the board;
(f) Providing education, prevention of impairment,
posttreatment monitoring, and support of rehabilitated
impaired veterinarians; and
(g) Performing other related activities as determined by
the board.
[Title 18 RCW—page 255]
18.92.047
Title 18 RCW: Businesses and Professions
(2) A contract entered into under subsection (1) of this
section shall be financed by a surcharge of up to twenty-five
dollars on each license issuance or renewal of a new license
to be collected by the department of health from every
veterinarian licensed under chapter 18.92 RCW. These
moneys shall be placed in the health professions account to
be used solely for the implementation of the impaired
veterinarian program. [1991 c 3 § 241; 1989 c 125 § 2.]
18.92.051 Compliance with chapter required. It is
a violation of RCW 18.130.190 for any person to practice
the profession of veterinary medicine, surgery, or dentistry
in this state, who has not complied with the provisions of
this chapter. [1987 c 150 § 59.]
Severability—1987 c 150: See RCW 18.122.901.
18.92.060 Licensing exemptions. Nothing in this
chapter applies to:
(1) Commissioned veterinarians in the United States
military services or veterinarians employed by Washington
state and federal agencies while performing official duties;
(2) A person practicing veterinary medicine upon his or
her own animal;
(3) A person advising with respect to or performing the
castrating and dehorning of cattle, castrating and docking of
sheep, castrating of swine, caponizing of poultry, or artificial
insemination of animals;
(4)(a) A person who is a regularly enrolled student in a
veterinary school or training course approved under RCW
18.92.015 and performing duties or actions assigned by his
or her instructors or working under the direct supervision of
a licensed veterinarian during a school vacation period or (b)
a person performing assigned duties under the supervision of
a veterinarian within the established framework of an
internship program recognized by the board;
(5) A veterinarian regularly licensed in another state
consulting with a licensed veterinarian in this state;
(6) A veterinary technician or veterinary medication
clerk acting under the supervision and control of a licensed
veterinarian. The practice of a veterinary technician or
veterinary medication clerk is limited to the performance of
services which are authorized by the board;
(7) An owner being assisted in practice by his or her
employees when employed in the conduct of the owner’s
business;
(8) An owner being assisted in practice by some other
person gratuitously;
(9) The implanting in their own animals of any electronic device for identifying animals by established humane
societies and animal control organizations that provide
appropriate training, as determined by the veterinary board
of governors, and/or direct or indirect supervision by a
licensed veterinarian;
(10) The implanting of any electronic device by a public
fish and wildlife agency for the identification of fish or
wildlife. [2000 c 93 § 11; 1995 c 317 § 2; 1993 c 78 § 4;
1974 ex.s. c 44 § 4; 1967 ex.s. c 50 § 5; 1959 c 92 § 13;
1941 c 71 § 20; Rem. Supp. 1941 § 10040-20. Prior: 1907
c 124 § 15.]
[Title 18 RCW—page 256]
18.92.070
Applications—Procedure—
Qualifications—Eligibility to take examination. No
person, unless registered or licensed to practice veterinary
medicine, surgery, and dentistry in this state at the time this
chapter shall become operative, shall begin the practice of
veterinary medicine, surgery and dentistry without first
applying for and obtaining a license for such purpose from
the secretary. In order to procure a license to practice
veterinary medicine, surgery, and dentistry in the state of
Washington, the applicant for such license shall file his or
her application at least sixty days prior to date of examination upon a form furnished by the secretary of health, which,
in addition to the fee provided by this chapter, shall be
accompanied by satisfactory evidence that he or she is at
least eighteen years of age and of good moral character, and
by official transcripts or other evidence of graduation from
a veterinary college satisfactory to and approved by the
board. Said application shall be signed by the applicant and
sworn to by him or her before some person authorized to
administer oaths. When such application and the accompanying evidence are found satisfactory, the secretary shall
notify the applicant to appear before the board for the next
examination. In addition, applicants shall be subject to
grounds for denial or issuance of a conditional license under
chapter 18.130 RCW.
Nothing in this chapter shall preclude the board from
permitting a person who has completed a portion of his or
her educational program as determined by the board, in a
veterinary college recognized by the board, to take the
examination or any part thereof prior to satisfying the
requirements for application for a license: PROVIDED
HOWEVER, That no license shall be issued to such applicant until such requirements are satisfied. [1991 c 3 § 242;
1986 c 259 § 141; 1982 c 134 § 3; 1979 c 158 § 72; 1974
ex.s. c 44 § 5; 1971 ex.s. c 292 § 28; 1941 c 71 § 6; Rem.
Supp. 1941 § 10040-6. Formerly RCW 18.92.050, part,
18.92.070, part, and 18.92.080, part.]
Severability—1986 c 259: See note following RCW 18.130.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
18.92.100 Examinations—Time of—Subjects—
Manner. Examinations for license to practice veterinary
medicine, surgery and dentistry shall be held at least once
each year at such times and places as the secretary may
authorize and direct. The examination shall be on subjects
that are ordinarily included in the curricula of veterinary
colleges. All examinees shall be tested by written examination, supplemented by such oral interviews and practical
demonstrations as the board deems necessary. [1995 c 198
§ 14; 1991 c 3 § 243; 1967 ex.s. c 50 § 6; 1959 c 92 § 7;
1941 c 71 § 7; Rem. Supp. 1941 § 10040-7.]
18.92.115 Reexamination—Fee. Any applicant who
shall fail to secure the required grade in his first examination
may take the next regular veterinary examination. The fee
for reexamination shall be determined by the secretary as
provided in RCW 43.70.250. [1991 c 3 § 244; 1985 c 7 §
71; 1975 1st ex.s. c 30 § 82; 1967 ex.s. c 50 § 7; 1959 c 92
§ 8; 1941 c 71 § 10; Rem. Supp. 1941 § 10040-10. Prior:
1907 c 124 § 17. Formerly RCW 18.92.090, part.]
(2002 Ed.)
Veterinary Medicine, Surgery, and Dentistry
18.92.120 License—Temporary certificates, restrictions. Any person who shall make application for examination, as provided by RCW 18.92.070, and who has not
previously failed to pass the veterinary examination, and
whose application is found satisfactory by the secretary, may
be given a temporary certificate to practice veterinary
medicine, surgery and dentistry valid only until the results of
the next examination for licenses are available. In addition,
applicants shall be subject to the grounds for denial or
issuance of a conditional license under chapter 18.130 RCW.
No more than one temporary certificate may be issued to any
applicant. Such permittee shall be employed by a licensed
veterinary practitioner or by the state of Washington. [1991
c 3 § 245; 1986 c 259 § 142; 1967 ex.s. c 50 § 8; 1959 c 92
§ 9; 1941 c 71 § 11; 1907 c 124 § 11; Rem. Supp. 1941 §
10040-11.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.125 Veterinary technicians or veterinary
medication clerks. No veterinarian who uses the services
of a veterinary technician or veterinary medication clerk
shall be considered as aiding and abetting any unlicensed
person to practice veterinary medicine. A veterinarian
retains professional and personal responsibility for any act
which constitutes the practice of veterinary medicine as
defined in this chapter when performed by a veterinary
technician or veterinary medication clerk in his or her
employ. [2000 c 93 § 12; 1993 c 78 § 5; 1986 c 259 § 143;
1983 c 102 § 5; 1974 ex.s. c 44 § 6.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.92.130 License—Reciprocity with other states—
Fee. Any person who has been lawfully licensed to practice
veterinary medicine, surgery, and dentistry in another state
or territory which has and maintains a standard for the
practice of veterinary medicine, surgery and dentistry which
is substantially the same as that maintained in this state, and
who has been lawfully and continuously engaged in the
practice of veterinary medicine, surgery and dentistry for two
years or more immediately before filing his or her application to practice in this state and who shall submit to the
secretary a duly attested certificate from the examining board
of the state or territory in which he or she is registered,
certifying to the fact of his or her registration and of his or
her being a person of good moral character and of professional attainments, may upon the payment of the fee as
provided herein, be granted a license to practice veterinary
medicine, surgery and dentistry in this state, without being
required to take an examination: PROVIDED, HOWEVER,
That no license shall be issued to any applicant, unless the
state or territory from which such certificate has been
granted to such applicant shall have extended a like privilege
to engage in the practice of veterinary medicine, surgery and
dentistry within its own borders to veterinarians heretofore
and hereafter licensed by this state, and removing to such
other state: AND PROVIDED FURTHER, That the secretary of health shall have power to enter into reciprocal
relations with other states whose requirements are substantially the same as those provided herein. The board shall
make recommendations to the secretary upon all requests for
(2002 Ed.)
18.92.120
reciprocity. [1991 c 3 § 246; 1959 c 92 § 10; 1941 c 71 §
12; Rem. Supp. 1941 § 10040-12.]
18.92.135 License to practice specialized veterinary
medicine. (1) The department may issue a license to
practice specialized veterinary medicine in this state to a
veterinarian who:
(a) Submits an application on a form provided by the
secretary for a license in a specialty area recognized by the
board by rule;
(b) Holds a current certification as a diplomate of a
national specialty board or college recognized by the board
by rule in the specialty area for which application is submitted;
(c) Is not subject to license investigation, suspension,
revocation, or other disciplinary action in any state, United
States territory, or province of Canada;
(d) Has successfully completed an examination established by the board regarding this state’s laws and rules
regulating the practice of veterinary medicine; and
(e) Provides other information and verification required
by the board.
(2) A veterinarian licensed to practice specialized
veterinary medicine shall not practice outside his or her
licensed specialty unless he or she meets licensing requirements established for practicing veterinary medicine, surgery,
and dentistry under RCW 18.92.070 and 18.92.100.
(3) The board shall determine by rule the limits of the
practice of veterinary medicine, surgery, and dentistry
represented by a license to practice specialized veterinary
medicine.
(4) The board may deny, revoke, suspend, or modify a
license to practice specialized veterinary medicine if the
national specialty board or college certifying the licensee
denies, revokes, suspends, modifies, withdraws, or otherwise
limits the certification or if the certification expires. [1991
c 332 § 41.]
C a p t i o n s n o t l a w — 1 9 9 1 c 3 3 2 : See note following RCW
18.130.010.
18.92.140 License—Procedures, requirements, fees.
Each person now qualified to practice veterinary medicine,
surgery, and dentistry, registered as a veterinary technician,
or registered as a veterinary medication clerk in this state or
who becomes licensed or registered to engage in practice
shall comply with administrative procedures, administrative
requirements, and fees determined as provided in RCW
43.70.250 and 43.70.280. [2000 c 93 § 13; 1996 c 191 § 79;
1993 c 78 § 6; 1991 c 3 § 247; 1985 c 7 § 72; 1983 c 102
§ 6; 1941 c 71 § 16; Rem. Supp. 1941 § 10040-16. FORMER PARTS OF SECTION: (i) 1941 c 71 § 17; Rem.
Supp. 1941 § 10040-17, now codified as RCW 18.92.142.
(ii) 1941 c 71 § 19, part; Rem. Supp. 1941 § 10040-19, part,
now codified as RCW 18.92.145.]
18.92.145 License, certificates of registration,
permit, examination, and renewal fees. Administrative
procedures, administrative requirements, and fees shall be
established as provided in RCW 43.70.250 and 43.70.280 for
the issuance, renewal, or administration of the following
[Title 18 RCW—page 257]
18.92.145
Title 18 RCW: Businesses and Professions
licenses, certificates of registration, permits, duplicate
licenses, renewals, or examination:
(1) For a license to practice veterinary medicine,
surgery, and dentistry issued upon an examination given by
the examining board;
(2) For a license to practice veterinary medicine,
surgery, and dentistry issued upon the basis of a license
issued in another state;
(3) For a certificate of registration as a veterinary
technician;
(4) For a certificate of registration as a veterinary
medication clerk;
(5) For a temporary permit to practice veterinary
medicine, surgery, and dentistry. The temporary permit fee
shall be accompanied by the full amount of the examination
fee; and
(6) For a license to practice specialized veterinary
medicine. [2000 c 93 § 14; 1996 c 191 § 80; 1993 c 78 §
7; 1991 c 332 § 42; 1991 c 3 § 248; 1985 c 7 § 73; 1983 c
102 § 7; 1975 1st ex.s. c 30 § 84; 1971 ex.s. c 266 § 20;
1967 ex.s. c 50 § 9; 1959 c 92 § 12; 1941 c 71 § 19; Rem.
Supp. 1941 § 10040-19. Prior: 1907 c 124 §§ 9, 10.
Formerly RCW 18.92.090 and 18.92.140.]
C a p t i o n s n o t l a w — 1 9 9 1 c 3 3 2 : See note following RCW
18.130.010.
18.92.150 License—Display. Every person holding a
license under the provisions of this chapter shall conspicuously display it in his principal place of business, together
with the annual renewal license certificate. [1941 c 71 § 18;
Rem. Supp. 1941 § 10040-18.]
18.92.230 Use of another’s license or diploma a
felony—Penalty. Any person filing or attempting to file, as
his own, the diploma or license of another shall be deemed
guilty of a felony, and upon conviction thereof, shall be
subject to such fine and imprisonment as is made and
provided by the statutes of this state for the crime of forgery.
[1941 c 71 § 23; Rem. Supp. 1941 § 10040-23.]
Forgery: RCW 9A.60.020.
18.92.240 Violations generally—Penalty. Violation
of any of the provisions of this chapter, or of any rule or
regulation made pursuant thereto, shall constitute a misdemeanor and punishable by fine of not less than fifty dollars.
[1941 c 71 § 24; Rem. Supp. 1941 § 10040-24.]
18.92.250 Intent—Veterinary services—Low-income
households. (Effective July 1, 2003.) The legislature
recognizes that low-income households may not receive
needed veterinary services for household pets. It is the
intent of the legislature to allow qualified animal control
agencies and humane societies to provide limited veterinary
services to low-income members of our communities. It is
not the intent of the legislature to allow these agencies to
provide veterinary services to the public at large. [2002 c
157 § 1.]
Effective date—2002 c 157: "This act takes effect July 1, 2003."
[2002 c 157 § 3.]
[Title 18 RCW—page 258]
18.92.260 Animal care societies/nonprofit humane
societies—Low-income households—License required—
Rule-making authority—Uniform disciplinary act—
Registration—Fees. (Effective July 1, 2003.) (1)(a)
Subject to the limitations in this section, animal care and
control agencies as defined in RCW 16.52.011 and nonprofit
humane societies, that have qualified under section 501(c)(3)
of the internal revenue code may provide limited veterinary
services to animals owned by qualified low-income households. The veterinary services provided shall be limited to
electronic identification, surgical sterilization, and vaccinations. A veterinarian or veterinary technician acting within
his or her scope of practice must perform the limited
veterinary services. For purposes of this section, "lowincome household" means the same as in RCW
43.185A.010.
(b) Animal control agencies and nonprofit humane
societies, receiving animals on an emergency basis, may
provide emergency care, subject to a local ordinance that
defines an emergency situation and establishes temporary
time limits.
(c) Any local ordinance addressing the needs under this
section that was approved by the voters and is in effect on
July 1, 2003, remains in effect.
(2) Veterinarians and veterinary technicians employed
at these facilities must be licensed under this chapter. No
officer, director, supervisor, or any other individual associated with an animal care or control agency or nonprofit
humane society owning and operating a veterinary medical
facility may impose any terms or conditions of employment
or direct or attempt to direct an employed veterinarian in any
way that interferes with the free exercise of the
veterinarian’s professional judgment or infringes upon the
utilization of his or her professional skills.
(3) Veterinarians, veterinary technicians, and animal
control agencies and humane societies acting under this
section shall, for purposes of providing the limited veterinary
services, meet the requirements established under this
chapter and are subject to the rules adopted by the veterinary
board of governors in the same fashion as any licensed
veterinarian or veterinary medical facility in the state.
(4) The Washington state veterinary board of governors
shall adopt rules to:
(a) Establish registration and registration renewal
requirements;
(b) Govern the purchase and use of drugs for the limited
veterinary services authorized under this section; and
(c) Ensure that agencies and societies are in compliance
with this section.
(5) The limited veterinary medical service authority
granted by registration under this section may be denied,
suspended, revoked, or conditioned by a determination of the
board of governors for any act of noncompliance with this
chapter. The uniform disciplinary act, chapter 18.130 RCW,
governs unregistered operation, the issuance and denial of
registrations, and the discipline of registrants under this
section.
(6) No animal control agency or humane society may
operate under this chapter without registering with the
department. An application for registration shall be made
upon forms provided by the department and shall include the
information the department reasonably requires, as provided
(2002 Ed.)
Veterinary Medicine, Surgery, and Dentistry
by RCW 43.70.280. The department shall establish registration and renewal fees as provided by RCW 43.70.250. A
registration fee shall accompany each application for
registration or renewal. [2002 c 157 § 2.]
Effective date—2002 c 157: See note following RCW 18.92.250.
18.92.900 Severability—1941 c 71. Should any
section of this chapter, or any portion of any section be for
any reason held to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this
chapter. [1941 c 71 § 25.]
Chapter 18.96
LANDSCAPE ARCHITECTS
Sections
18.96.010
18.96.020
18.96.030
18.96.040
Evidence of qualifications required.
Registration required.
Definitions.
Board of registration for landscape architects—Created—
Members—Qualifications.
18.96.050 Board—Terms of office—Removal—Compensation and
travel expenses.
18.96.060 Board—Rules—Quorum—Hearings—Subpoena power.
18.96.070 Qualifications of applicants.
18.96.080 Applications—Contents—Fees.
18.96.090 Examinations.
18.96.100 Reciprocity.
18.96.110 Renewals.
18.96.120 Actions against certificates—Grounds.
18.96.130 Charges against registrants—Hearings—Findings—Penalties.
18.96.140 Restoration of suspended or revoked licenses—Reissuance
of lost or destroyed certificates.
18.96.150 Certificates of registration—Issuance—Contents—Seal.
18.96.160 Misuse of seal.
18.96.170 Penalty.
18.96.180 Injunctions—Board members not personally liable—
Prosecutions.
18.96.190 Certificate of registration suspension—Nonpayment or default on educational loan or scholarship.
18.96.200 Uniform regulation of business and professions act.
18.96.900 Severability—1969 ex.s. c 158.
Public contracts for architectural services: Chapter 39.80 RCW.
18.96.010 Evidence of qualifications required. In
order to safeguard human health and property, and to
promote the public welfare, any person in either public or
private capacity practicing or offering to practice landscape
architecture for hire, shall be required to submit evidence
that he is qualified so to practice and shall be registered
under the provisions of this chapter. [1969 ex.s. c 158 § 1.]
18.96.020 Registration required. It shall be unlawful
for any person to use, or advertise the title landscape
architect, landscape architecture, or landscape architectural,
unless such person has duly registered under the provisions
of this chapter. [1969 ex.s. c 158 § 2.]
18.96.030 Definitions. The following words and
phrases as hereinafter used in this chapter shall have the
following meanings:
"Director" means the director of licensing of the state of
Washington.
"Board" means the state board of registration for
landscape architects.
(2002 Ed.)
18.92.260
"Landscape architect" means a person who engages in
the practice of landscape architecture as hereinafter defined.
A person practices landscape architecture within the meaning
and intent of this chapter who performs for hire professional
services such as consultations, investigations, reconnaissance,
research, planning, design or teaching supervision in connection with the development of land areas where, and to the
extent that, the dominant purpose of such services is the
preservation, enhancement, or determination of proper land
uses, natural land features, ground cover and planting,
naturalistic and aesthetic values, the settings and approaches
to structures or other improvements, or natural drainage and
erosion control. This practice shall include the location,
design, and arrangement of such tangible objects as pools,
walls, steps, trellises, canopies, and other nonhabitable
structures, and such features as are incidental and necessary
to the purposes outlined herein. It involves the design and
arrangement of land forms and the development of outdoor
space including, but not limited to, the design of public
parks, playgrounds, cemeteries, home and school grounds,
and the development of industrial and recreational sites.
[1979 c 158 § 73; 1969 ex.s. c 158 § 3.]
18.96.040 Board of registration for landscape
architects—Created—Members—Qualifications. There is
created a state board of registration for landscape architects.
The board shall consist of four landscape architects and one
member of the general public. Members of the board shall
be appointed by the governor and must be residents of this
state having the qualifications required by this chapter.
No public member of the board may be a past or
present member of any other licensing board under this title.
No public member may make his or her own livelihood
from, nor have a parent, spouse, or child make their respective livelihood from providing landscape architect services,
or from enterprises dealing in landscape architecture.
The landscape architect members of the board must,
while serving on the board, be actively engaged in their
profession or trade and, immediately preceding appointment,
have had at least five years experience in responsible charge
of work or teaching within their profession or trade. [1993
c 35 § 1; 1985 c 18 § 1; 1969 ex.s. c 158 § 4.]
Effective date—1985 c 18: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on June
30, 1985." [1985 c 18 § 6.]
18.96.050 Board—Terms of office—Removal—
Compensation and travel expenses. The members of the
first board shall serve for the following terms:
One member for one year, one member for two years,
one member for three years, one member for four years, and
one member for five years from the date of appointment or
until successors are duly appointed and qualified. Every
member of the board shall receive a certificate of his
appointment from the governor, and before beginning his
term of office shall file with the secretary of state his written
oath or affirmation for the faithful discharge of his official
duties. On the expiration of the term of each member, the
governor shall appoint a successor to serve for a term of five
years, or until his successor has been appointed and quali[Title 18 RCW—page 259]
18.96.050
Title 18 RCW: Businesses and Professions
fied: PROVIDED, That no member shall serve more than
ten consecutive years.
The governor may remove any member of the board for
cause. Vacancies in the board for any reason shall be filled
by appointment for the unexpired term. In carrying out the
provisions of this chapter, the members of the board shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed for travel expenses according to the provisions
of RCW 43.03.050 and 43.03.060, such funds to be provided
from the landscape architects’ account in the state general
fund. [1984 c 287 § 52; 1975-’76 2nd ex.s. c 34 § 54; 1969
ex.s. c 158 § 5.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.96.060 Board—Rules—Quorum—Hearings—
Subpoena power. (Effective until January 1, 2003.) The
board shall adopt rules for its own organization and procedure and such other rules as it may deem necessary to the
proper performance of its duties. Three members of the
board shall constitute a quorum for the conduct of any
business of the board.
The board may conduct hearings concerning alleged
violations of the provisions of this chapter. In conducting
such hearings the chairman of the board, or any member of
the board acting in his place, may administer oaths or
affirmations to witnesses appearing before the board,
subpoena witnesses and compel their attendance, and require
the production of books, records, papers and documents. If
any person shall refuse to obey any subpoena so issued, or
shall refuse to testify or to produce any books, records,
papers or documents so required to be produced, the board
may present its petition to the superior court of the county
in which such person resides, setting forth the facts, and
thereupon the court shall, in any proper case, enter a suitable
order compelling compliance with the provisions of this
chapter and imposing such other terms and conditions as the
court may deem equitable. [1969 ex.s. c 158 § 6.]
18.96.060 Board—Rules—Quorum—Hearings.
(Effective January 1, 2003.) The board shall adopt rules for
its own organization and procedure and such other rules as
it may deem necessary to the proper performance of its
duties. Three members of the board shall constitute a
quorum for the conduct of any business of the board.
The board may conduct hearings concerning alleged
violations of the provisions of this chapter. [2002 c 86 §
234; 1969 ex.s. c 158 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.96.070 Qualifications of applicants. The following will be considered as minimum evidence satisfactory to
the board that the applicant is qualified for registration as a
professional landscape architect.
The applicant must have completed a course of study in
landscape architecture and have been graduated from a
college or school approved by the board as offering a
[Title 18 RCW—page 260]
curriculum in landscape architecture, or the equivalent
thereof, in any form of training, as determined by the board.
Each complete year of study in any registered college or
school of landscape architecture may be accepted in lieu of
one year of equivalent training.
He must have a minimum of seven years in any
combination of training and experience, and shall present
proof to the director of passing such written examinations as
may be prescribed by the board.
Registration under this chapter shall be on an individual,
personal basis, and the director shall not register any firm,
company, partnership, corporation, nor any public agency.
Corporate practice is not permitted under the provisions of
this chapter. [1969 ex.s. c 158 § 7.]
18.96.080 Applications—Contents—Fees. Application for registration shall be filed with the director prior to
the date set for examination and shall contain statements
made under oath showing the applicant’s education and a
detailed summary of practical experience, and shall contain
not less than three references who are landscape architects
having personal knowledge of the applicant’s landscape
architectural experience.
The application fee for initial examination shall be
determined by the director as provided in RCW 43.24.086.
The application and fee must be submitted to the agency
prior to the application deadline established by the director.
Fees for initial examination and reexamination shall be
determined by the director as provided in RCW 43.24.086,
and must be filed with the agency prior to the application
deadline established by the director. [1993 c 35 § 2; 1985
c 7 § 74; 1975 1st ex.s. c 30 § 85; 1969 ex.s. c 158 § 8.]
18.96.090 Examinations. Examinations of applicants
for certificates of registration shall be held at least annually
or at such times and places as the board may determine.
The board shall determine from the examination and the
material submitted with the applications whether or not the
applicants possess sufficient knowledge, ability and moral
fitness to safely and properly practice landscape architecture
and to hold themselves out to the public as persons qualified
for that practice.
The scope of the examination and methods of examination procedure shall be prescribed by the board with special
reference to landscape construction materials and methods,
grading and drainage, plant materials suited for use in the
northwest, specifications and supervisory practice, history
and theory of landscape architecture relative to landscape
architectural design, site planning and land design, subdivision, urban design, and a practical knowledge of botany,
horticulture and similar subjects related to the practice of
landscape architecture. The board may adopt an appropriate
national examination and grading procedure.
Applicants who fail to pass sections of the examination
shall be permitted to retake the examination in the sections
failed. A passing grade in a section shall exempt the
applicant from examination in that subject for five years.
The board may determine the standard for passing grades
computed on a scale of one hundred percent. A certificate
of registration shall be granted by the director to all qualified
applicants who shall be certified by the board as having
(2002 Ed.)
Landscape Architects
passed the required examination and as having given
satisfactory proof of completion of the required experience.
[1993 c 35 § 3; 1985 c 18 § 2; 1969 ex.s. c 158 § 9.]
Effective date—1985 c 18: See note following RCW 18.96.040.
18.96.100 Reciprocity. The director may, upon
payment of a reciprocity application fee and the current
registration fee in an amount as determined by the director
as provided in RCW 43.24.086, grant a certificate of
registration, upon recommendation by the board, to any
applicant who is a registered landscape architect in any other
state or country whose requirements for registration are at
least substantially equivalent to the requirements of this state
for registration by examination, and which extends the same
privileges of reciprocity to landscape architects registered in
this state. [1993 c 35 § 4; 1985 c 7 § 75; 1975 1st ex.s. c
30 § 86; 1969 ex.s. c 158 § 10.]
18.96.110 Renewals. The renewal dates for certificates of registration shall be set by the director. The director
shall set the fee for renewal which shall be determined as
provided in RCW 43.24.086.
If a registrant fails to pay the renewal fee within thirty
days after the renewal date, the renewal shall be delinquent.
The renewal fee for a delinquent renewal and the penalty fee
for a delinquent renewal shall be established by the director.
Any registrant in good standing, upon fully retiring from
landscape architectural practice, may withdraw from practice
by giving written notice to the director, and may thereafter
resume practice at any time upon payment of the then
current renewal fee. Any registrant, other than a properly
withdrawn licensee, who fails to renew his or her registration
for a period of more than five years may be reinstated under
the circumstances as the board determines. [1993 c 35 § 5.
Prior: 1985 c 18 § 3; 1985 c 7 § 76; 1975 1st ex.s. c 30 §
87; 1969 ex.s. c 158 § 11.]
Effective date—1985 c 18: See note following RCW 18.96.040.
18.96.120 Actions against certificates—Grounds.
(Effective until January 1, 2003.) (1) The director may
refuse to renew, or may suspend or revoke, a certificate of
registration to use the titles landscape architect, landscape
architecture, or landscape architectural in this state upon the
following grounds:
(a) The holder of the certificate of registration is
impersonating a practitioner or former practitioner.
(b) The holder of the certificate of registration is guilty
of fraud, deceit, gross negligence, gross incompetency or
gross misconduct in the practice of landscape architecture.
(c) The holder of the certificate of registration permits
his seal to be affixed to any plans, specifications or drawings
that were not prepared by him or under his personal supervision by employees subject to his direction and control.
(d) The holder of the certificate has committed fraud in
applying for or obtaining a certificate.
(2) The director shall immediately suspend the certificate of registration of a landscape architect who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other require(2002 Ed.)
18.96.090
ments for certification during the suspension, reissuance of
the certificate of registration shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 827; 1969 ex.s. c
158 § 12.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.96.120 Unprofessional conduct—Not in compliance with a support order. (Effective January 1, 2003.)
(1) In addition to the conduct, acts, or conditions set out in
RCW 18.235.130, the following constitute unprofessional
conduct for which the director may impose discipline upon
any license holder or applicant under the jurisdiction of this
chapter:
(a) The holder of the certificate of registration is
impersonating a practitioner or former practitioner.
(b) The holder of the certificate of registration permits
his or her seal to be affixed to any plans, specifications, or
drawings that were not prepared by him or her or under his
or her personal supervision by employees subject to his or
her direction and control.
(2) The director shall immediately suspend the certificate of registration of a landscape architect who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order. If the person has continued to
meet all other requirements for certification during the
suspension, reissuance of the certificate of registration shall
be automatic upon the director’s receipt of a release issued
by the department of social and health services stating that
the person is in compliance with the order. [2002 c 86 §
235; 1997 c 58 § 827; 1969 ex.s. c 158 § 12.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.96.130 Charges against registrants—Hearings—
Findings—Penalties. (Effective until January 1, 2003.)
Any person may prefer charges of fraud, deceit, gross
negligence, incompetency, or misconduct against any
registrant. Such charges shall be in writing and shall be
sworn to by the person making them and shall be filed with
the director.
[Title 18 RCW—page 261]
18.96.130
Title 18 RCW: Businesses and Professions
All charges unless dismissed by the director as unfounded or trivial, shall be heard by the board within three months
after the date on which they have been preferred.
An action of suspension, revocation, refusal to renew, or
a fine not exceeding one thousand dollars per violation by
the director, shall be based upon the findings of the board
after charges and evidence in support thereof have been
heard and determined. [1985 c 18 § 4; 1969 ex.s. c 158 §
13.]
Effective date—1985 c 18: See note following RCW 18.96.040.
18.96.140 Restoration of suspended or revoked
licenses—Reissuance of lost or destroyed certificates.
(Effective until January 1, 2003.) Upon the recommendations of the board, the director may restore a license to any
person whose license has been suspended or revoked.
Application for the reissuance of a license shall be made in
such a manner as indicated by the board.
A new certificate of registration to replace any certificate lost or destroyed, or mutilated may be issued by the
director, and a charge determined by the director as provided
in RCW 43.24.086 shall be made for such issuance. [1985
c 7 § 77; 1975 1st ex.s. c 30 § 88; 1969 ex.s. c 158 § 14.]
18.96.140 Reissuance of lost or destroyed certificates. (Effective January 1, 2003.) A new certificate of
registration to replace any certificate lost or destroyed, or
mutilated may be issued by the director, and a charge
determined by the director as provided in RCW 43.24.086
shall be made for such issuance. [2002 c 86 § 236; 1985 c
7 § 77; 1975 1st ex.s. c 30 § 88; 1969 ex.s. c 158 § 14.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.96.150 Certificates of registration—Issuance—
Contents—Seal. The director shall issue a certificate of
registration upon payment of the registration fee as provided
in this chapter to any applicant who has satisfactorily met all
requirements for registration. All certificates of registration
shall show the full name of the registrant, shall have a serial
number and shall be signed by the chairman and the executive secretary of the board, and by the director.
Each registrant shall obtain a seal of a design authorized
by the board, bearing the registrant’s name and the legend,
"registered landscape architect". All sheets of drawings and
title pages of specifications prepared by the registrant shall
be stamped with said seal. [1993 c 35 § 6; 1969 ex.s. c 158
§ 15.]
18.96.160 Misuse of seal. It shall be unlawful for
anyone to stamp or seal any document with the seal after the
certificate of registrant named thereon has expired or been
revoked, or while the certificate is suspended. [1969 ex.s. c
158 § 16.]
18.96.170 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a misdemeanor.
[1969 ex.s. c 158 § 17.]
[Title 18 RCW—page 262]
18.96.180 Injunctions—Board members not personally liable—Prosecutions. The board is authorized to apply
for relief by injunction without bond to restrain a person
from the commission of any act which is prohibited by this
chapter. The members of the board shall not be personally
liable for their action in any such proceeding or in any other
proceeding instituted by the board under the provisions of
this chapter. The board, in any proper case, shall cause
prosecution to be instituted in any county or counties where
any violation of this chapter occurs, and shall aid in the
prosecution of the violator. [1969 ex.s. c 158 § 18.]
18.96.190 Certificate of registration suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate of registration of any person who has been certified by a lending
agency and reported to the director for nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. Prior to the suspension, the
agency must provide the person an opportunity for a brief
adjudicative proceeding under RCW 34.05.485 through
34.05.494 and issue a finding of nonpayment or default on
a federally or state-guaranteed educational loan or serviceconditional scholarship. The person’s certificate of registration shall not be reissued until the person provides the
director a written release issued by the lending agency
stating that the person is making payments on the loan in
accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all
other requirements for certification during the suspension,
reinstatement shall be automatic upon receipt of the notice
and payment of any reinstatement fee the director may
impose. [1996 c 293 § 15.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.96.200 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 237.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.96.900 Severability—1969 ex.s. c 158. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1969 ex.s. c 158 § 19.]
Chapter 18.100
PROFESSIONAL SERVICE CORPORATIONS
Sections
18.100.010
18.100.020
18.100.030
18.100.035
18.100.040
Legislative intent.
Short title.
Definitions.
Fees for services by secretary of state.
Application of chapter to previously organized corporations.
(2002 Ed.)
Professional Service Corporations
18.100.050 Organization of professional service corporations authorized
generally—Architects, engineers, and health care professionals—Nonprofit corporations.
18.100.060 Rendering of services by authorized individuals.
18.100.065 Authority of directors, officers to render same services as
corporation.
18.100.070 Professional relationships and liabilities preserved.
18.100.080 Engaging in other business prohibited—Investments.
18.100.090 Stock issuance.
18.100.095 Validity of share voting agreements.
18.100.100 Legal qualification of officer, shareholder or employee to
render professional service, effect.
18.100.110 Sale or transfer of shares.
18.100.114 Merger or consolidation.
18.100.116 Death of shareholder, transfer to ineligible person—
Treatment of shares.
18.100.118 Eligibility of certain representatives and transferees to serve
as directors, officers, or shareholders.
18.100.120 Name—Listing of shareholders.
18.100.130 Application of Business Corporation Act and Nonprofit
Corporation Act.
18.100.132 Nonprofit professional service corporations formed under
prior law.
18.100.133 Business corporations, election of this chapter.
18.100.134 Professional services—Deletion from stated purposes of
corporation.
18.100.140 Improper conduct not authorized.
18.100.145 Doctor of osteopathic medicine and surgery—Discrimination
prohibited.
18.100.150 Indemnification of agents of any corporation authorized.
18.100.160 Foreign professional corporation.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
18.100.010 Legislative intent. It is the legislative
intent to provide for the incorporation of an individual or
group of individuals to render the same professional service
to the public for which such individuals are required by law
to be licensed or to obtain other legal authorization. [1969
c 122 § 1.]
18.100.020 Short title. This chapter may be cited as
"the professional service corporation act". [1969 c 122 § 2.]
18.100.030 Definitions. As used in this chapter the
following words shall have the meaning indicated:
(1) The term "professional service" means any type of
personal service to the public which requires as a condition
precedent to the rendering of such service the obtaining of
a license or other legal authorization and which prior to the
passage of this chapter and by reason of law could not be
performed by a corporation, including, but not by way of
limitation, certified public accountants, chiropractors,
dentists, osteopaths, physicians, podiatric physicians and
surgeons, chiropodists, architects, veterinarians and attorneys
at law.
(2) The term "professional corporation" means a
corporation which is organized under this chapter for the
purpose of rendering professional service.
(3) The term "ineligible person" means any individual,
corporation, partnership, fiduciary, trust, association, government agency, or other entity which for any reason is or
becomes ineligible under this chapter to own shares issued
by a professional corporation. The term includes a charitable remainder unitrust or charitable remainder annuity trust
(2002 Ed.)
Chapter 18.100
that is or becomes an ineligible person for failure to comply
with subsection (5)(b) of this section.
(4) The term "eligible person" means an individual,
corporation, partnership, fiduciary, qualified trust, association, government agency, or other entity, that is eligible
under this chapter to own shares issued by a professional
corporation.
(5) The term "qualified trust" means one of the following:
(a) A voting trust established under RCW 23B.07.300,
if the beneficial owner of any shares on deposit and the
trustee of the voting trust are qualified persons;
(b) A charitable remainder unitrust as defined in section
664(d)(1) of the internal revenue code or a charitable
remainder annuity trust as defined in section 664(d)(2) or
664(d)(3) of the internal revenue code if the trust complies
with each of the following conditions:
(i) Has one or more beneficiaries currently entitled to
income, unitrust, or annuity payments, all of whom are
eligible persons or spouses of eligible persons;
(ii) Has a trustee who is an eligible person and has
exclusive authority over the share of the professional
corporation while the shares are held in the trust, except that
a cotrustee who is not an eligible person may be given
authority over decisions relating to the sale of shares by the
trust;
(iii) Has one or more designated charitable remaindermen, all of which must at all times be domiciled or maintain
a local chapter in Washington state; and
(iv) When distributing any assets during the term of the
trust to charitable organizations, the distributions are made
only to charitable organizations described in section 170(c)
of the internal revenue code that are domiciled or maintain
a local chapter in Washington state. [1997 c 18 § 1; 1983
c 51 § 2; 1969 c 122 § 3.]
18.100.035 Fees for services by secretary of state.
See RCW 43.07.120.
18.100.040 Application of chapter to previously
organized corporations. This chapter shall not apply to any
individuals or groups of individuals within this state who
prior to the passage of this chapter were permitted to
organize a corporation and perform personal services to the
public by means of a corporation, and this chapter shall not
apply to any corporation organized by such individual or
group of individuals prior to the passage of this chapter:
PROVIDED, That any such individual or group of individuals or any such corporation may bring themselves and such
corporation within the provisions of this chapter by amending the articles of incorporation in such a manner so as to be
consistent with all the provisions of this chapter and by
affirmatively stating in the amended articles of incorporation
that the shareholders have elected to bring the corporation
within the provisions of this chapter. [1969 c 122 § 4.]
18.100.050 Organization of professional service
corporations authorized generally—Architects, engineers,
and health care professionals—Nonprofit corporations.
(1) An individual or group of individuals duly licensed or
otherwise legally authorized to render the same professional
[Title 18 RCW—page 263]
18.100.050
Title 18 RCW: Businesses and Professions
services within this state may organize and become a
shareholder or shareholders of a professional corporation for
pecuniary profit under the provisions of Title 23B RCW for
the purpose of rendering professional service. One or more
of the legally authorized individuals shall be the incorporators of the professional corporation.
(2) Notwithstanding any other provision of this chapter,
registered architects and registered engineers may own stock
in and render their individual professional services through
one professional service corporation.
(3) Licensed health care professionals, providing
services to enrolled participants either directly or through
arrangements with a health maintenance organization
registered under chapter 48.46 RCW or federally qualified
health maintenance organization, may own stock in and
render their individual professional services through one
professional service corporation.
(4) Professionals may organize a nonprofit nonstock
corporation under this chapter and chapter 24.03 RCW to
provide professional services, and the provisions of this
chapter relating to stock and referring to Title 23B RCW
shall not apply to any such corporation.
(5)(a) Notwithstanding any other provision of this
chapter, health care professionals who are licensed or
certified pursuant to chapters 18.06, 18.225, 18.22, 18.25,
18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57,
18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108,
and 18.138 RCW may own stock in and render their
individual professional services through one professional
service corporation and are to be considered, for the purpose
of forming a professional service corporation, as rendering
the "same specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are regulated under chapters
18.59 and 18.74 RCW may own stock in and render their
individual professional services through one professional
service corporation formed for the sole purpose of providing
professional services within their respective scope of
practice.
(c) Formation of a professional service corporation
under this subsection does not restrict the application of the
uniform disciplinary act under chapter 18.130 RCW, or
applicable health care professional statutes under Title 18
RCW, including but not limited to restrictions on persons
practicing a health profession without being appropriately
credentialed and persons practicing beyond the scope of their
credential. [2001 c 251 § 29; 1999 c 128 § 1; 1997 c 390
§ 3; 1996 c 22 § 1; 1991 c 72 § 3; 1986 c 261 § 1; 1983 c
100 § 1; 1969 c 122 § 5.]
Severability—2001 c 251: See RCW 18.225.900.
18.100.060 Rendering of services by authorized
individuals. (1) No corporation organized under this chapter
may render professional services except through individuals
who are duly licensed or otherwise legally authorized to
render such professional services within this state. However,
nothing in this chapter shall be interpreted to:
(a) Prohibit a person duly licensed or otherwise legally
authorized to render professional services in any jurisdiction
other than this state from becoming a member of a profes[Title 18 RCW—page 264]
sional corporation in this state organized for the purpose of
rendering the same professional services;
(b) Prohibit a professional corporation from rendering
services outside this state through individuals who are not
duly licensed or otherwise legally authorized to render
professional services within this state; or
(c) Require the licensing of clerks, secretaries, bookkeepers, technicians, and other assistants employed by a
professional corporation who are not usually and ordinarily
considered by custom and practice to be rendering professional services to the public for which a license or other
legal authorization is required.
(2) Persons engaged in a profession and otherwise
meeting the requirements of this chapter may operate under
this chapter as a professional corporation so long as each
shareholder personally engaged in the practice of the
profession in this state is duly licensed or otherwise legally
authorized to practice the profession in this state and:
(a) At least one officer and one director of the corporation is duly licensed or otherwise legally authorized to
practice the profession in this state; or
(b) Each officer in charge of an office of the corporation
in this state is duly licensed or otherwise legally authorized
to practice the profession in this state. [1998 c 293 § 1;
1983 c 51 § 3; 1969 c 122 § 6.]
18.100.065 Authority of directors, officers to render
same services as corporation. Except as otherwise provided in RCW 18.100.118, all directors of a corporation
organized under this chapter and all officers other than the
secretary and the treasurer shall be duly licensed or otherwise legally authorized to render the same specific professional services within this or any other state as those for
which the corporation was incorporated. [1998 c 293 § 2;
1983 c 51 § 7.]
18.100.070 Professional relationships and liabilities
preserved. Nothing contained in this chapter shall be
interpreted to abolish, repeal, modify, restrict or limit the law
now in effect in this state applicable to the professional
relationship and liabilities between the person furnishing the
professional services and the person receiving such professional service and the standards for professional conduct.
Any director, officer, shareholder, agent or employee of a
corporation organized under this chapter shall remain
personally and fully liable and accountable for any negligent
or wrongful acts or misconduct committed by him or by any
person under his direct supervision and control, while
rendering professional services on behalf of the corporation
to the person for whom such professional services were
being rendered. The corporation shall be liable for any
negligent or wrongful acts of misconduct committed by any
of its directors, officers, shareholders, agents or employees
while they are engaged on behalf of the corporation, in the
rendering of professional services. [1969 c 122 § 7.]
18.100.080 Engaging in other business prohibited—
Investments. No professional service corporation organized
under this chapter shall engage in any business other than
the rendering of the professional services for which it was
incorporated or service as a trustee as authorized by RCW
(2002 Ed.)
Professional Service Corporations
11.36.021 or as a personal representative as authorized by
RCW 11.36.010: PROVIDED, That nothing in this chapter
or in any other provisions of existing law applicable to
corporations shall be interpreted to prohibit such corporation
from investing its funds in real estate, personal property,
mortgages, stocks, bonds, insurance, or any other type of
investments. [1984 c 149 § 170; 1969 c 122 § 8.]
Severability—Effective dates—1984 c 149: See notes following
RCW 11.02.005.
18.100.090 Stock issuance. Except as otherwise
provided in RCW 18.100.118, no professional corporation
organized under the provisions of this chapter may issue any
of its capital stock to anyone other than the trustee of a
qualified trust or an individual who is duly licensed or
otherwise legally authorized to render the same specific
professional services within this or any other state as those
for which the corporation was incorporated. [1998 c 293 §
3; 1997 c 18 § 2; 1983 c 51 § 4; 1969 c 122 § 9.]
18.100.095 Validity of share voting agreements.
Except for qualified trusts, a proxy, voting trust, or other
voting agreement with respect to shares of a professional
corporation shall not be valid unless all holders thereof, all
trustees and beneficiaries thereof, or all parties thereto, as the
case may be, are eligible to be shareholders of the corporation. [1997 c 18 § 3; 1983 c 51 § 12.]
18.100.100 Legal qualification of officer, shareholder or employee to render professional service, effect.
Unless a director, officer, shareholder, agent or employee of
a corporation organized under this chapter who has been
rendering professional service to the public is legally
qualified at all times to render such professional services
within at least one state in which the corporation conducts
business, he or she shall sever all employment with, and
financial interests in, such corporation forthwith. A
corporation’s failure to require compliance with this provision shall constitute a ground for the forfeiture of its articles
of incorporation and its dissolution. When a corporation’s
failure to comply with this provision is brought to the
attention of the office of the secretary of state, the secretary
of state forthwith shall certify that fact to the attorney
general for appropriate action to dissolve the corporation.
[1998 c 293 § 4; 1969 c 122 § 10.]
18.100.080
shareholder of each corporation is eligible to be a shareholder of the surviving or new corporation. [1998 c 293 § 6;
1983 c 51 § 8.]
18.100.116 Death of shareholder, transfer to
ineligible person—Treatment of shares. (1) If:
(a)(i) A shareholder of a professional corporation dies;
(ii) A shareholder of a professional corporation becomes
an ineligible person;
(iii) Shares of a professional corporation are transferred
by operation of law or court decree to an ineligible person;
or
(iv) A charitable remainder unitrust or charitable
remainder annuity trust that holds shares of a professional
corporation becomes an ineligible person; and
(b) The shares held by the deceased shareholder or by
such ineligible person are less than all of the outstanding
shares of the corporation, then
the shares held by the deceased shareholder or by the
ineligible person may be transferred to remaining shareholders of the corporation or may be redeemed by the corporation pursuant to terms stated in the articles of incorporation
or by laws of the corporation, or in a private agreement. In
the absence of any such terms, such shares may be transferred to any individual eligible to be a shareholder of the
corporation.
(2) If such a redemption or transfer of the shares held
by a deceased shareholder or an ineligible person is not
completed within twelve months after the death of the
deceased shareholder or the transfer, as the case may be,
such shares shall be deemed to be shares with respect to
which the holder has elected to exercise the right of dissent
described in chapter 23B.13 RCW and has made written
demand on the corporation for payment of the fair value of
such shares. The corporation shall forthwith cancel the
shares on its books and the deceased shareholder or ineligible person shall have no further interest in the corporation
other than the right to payment for the shares as is provided
in RCW 23B.13.250. For purposes of the application of
RCW 23B.13.250, the date of the corporate action and the
date of the shareholder’s written demand shall be deemed to
be one day after the date on which the twelve-month period
from the death of the deceased shareholder, or from the
transfer, expires. [1997 c 18 § 5; 1991 c 72 § 4; 1983 c 51
§ 10.]
18.100.110 Sale or transfer of shares. No shareholder of a corporation organized as a professional corporation
may sell or transfer his or her shares in such corporation
except to the trustee of a qualified trust or another individual
who is eligible to be a shareholder of such corporation. Any
transfer of shares in violation of this section shall be void.
However, nothing in this section prohibits the transfer of
shares of a professional corporation by operation of law or
court decree. [1997 c 18 § 4; 1983 c 51 § 5; 1969 c 122 §
11.]
18.100.118 Eligibility of certain representatives and
transferees to serve as directors, officers, or shareholders.
If all of the outstanding shares of a professional corporation
are held by an administrator, executor, guardian, conservator,
or receiver of the estate of a former shareholder, or by a
transferee who received such shares by operation of law or
court decree, such administrator, executor, guardian, conservator, receiver, or transferee for a period of twelve months
following receipt or transfer of such shares may be a
director, officer, or shareholder of the professional corporation. [1983 c 51 § 11.]
18.100.114 Merger or consolidation. A corporation
organized under this chapter may merge or consolidate with
another corporation, domestic or foreign, organized to render
the same specific professional services, only if every
18.100.120 Name—Listing of shareholders. Corporations organized pursuant to this chapter shall render
professional service and exercise its authorized powers under
(2002 Ed.)
[Title 18 RCW—page 265]
18.100.120
Title 18 RCW: Businesses and Professions
a name permitted by law and the professional ethics of the
profession in which the corporation is so engaged. The
corporate name of a professional service corporation must
contain either the words "professional service" or "professional corporation" or the abbreviation "P.S." or "P.C." The
corporate name may also contain either the words "corporation," "incorporated," "company," or "limited," or the
abbreviation "corp.," "inc.," "co.," or "ltd." With the filing
of its first annual report and any filings thereafter, professional service corporation shall list its then shareholders:
PROVIDED, That notwithstanding the foregoing provisions
of this section, the corporate name of a corporation organized to render dental services shall contain the full names
or surnames of all shareholders and no other word than
"chartered" or the words "professional services" or the
abbreviation "P.S." or "P.C." [1993 c 290 § 1; 1982 c 35 §
169; 1969 c 122 § 12.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
18.100.130 Application of Business Corporation Act
and Nonprofit Corporation Act. (1) For a professional
service corporation organized for pecuniary profit under this
chapter, the provisions of Title 23B RCW shall be applicable
except to the extent that any of the provisions of this chapter
are interpreted to be in conflict with the provisions thereof,
and in such event the provisions and sections of this chapter
shall take precedence with respect to a corporation organized
pursuant to the provisions of this chapter.
(2) For a professional service corporation organized
under this chapter and chapter 24.03 RCW as a nonprofit
nonstock corporation, the provisions of chapter 24.03 RCW
shall be applicable except to the extent that any of the
provisions of this chapter are interpreted to be in conflict
with the provisions thereof, and in such event the provisions
and sections of this chapter shall take precedence with
respect to a corporation organized under the provisions of
this chapter. [1991 c 72 § 5; 1986 c 261 § 2; 1983 c 51 §
6; 1969 c 122 § 13.]
18.100.132 Nonprofit professional service corporations formed under prior law. A nonprofit professional
service corporation formed pursuant to *chapter 431, Laws
of 1985, may amend its articles of incorporation at any time
before July 31, 1987, to comply with the provisions of this
chapter. Compliance under this chapter shall relate back and
take effect as of the date of formation of the corporation
under *chapter 431, Laws of 1985, and the corporate
existence shall be deemed to have continued without
interruption from that date. [1986 c 261 § 4.]
*Reviser’s note: Chapter 431, Laws of 1985 enacted RCW
24.03.038, which was repealed by 1986 c 261 § 7.
18.100.133 Business corporations, election of this
chapter. A business corporation formed under the provisions of Title 23B RCW may amend its articles of incorporation to change its stated purpose to the rendering of professional services and to conform to the requirements of this
chapter. Upon the effective date of such amendment, the
corporation shall be subject to the provisions of this chapter
[Title 18 RCW—page 266]
and shall continue in existence as a professional corporation
under this chapter. [1991 c 72 § 6; 1986 c 261 § 5.]
18.100.134 Professional services—Deletion from
stated purposes of corporation. A professional corporation
may amend its articles of incorporation to delete from its
stated purposes the rendering of professional services and to
conform to the requirements of Title 23B RCW, or to the
requirements of chapter 24.03 RCW if organized pursuant to
RCW 18.100.050 as a nonprofit nonstock corporation. Upon
the effective date of such amendment, the corporation shall
no longer be subject to the provisions of this chapter and
shall continue in existence as a corporation under Title 23B
RCW or chapter 24.03 RCW. [1991 c 72 § 7; 1986 c 261
§ 3; 1983 c 51 § 9.]
18.100.140 Improper conduct not authorized.
Nothing in this chapter shall authorize a director, officer,
shareholder, agent or employee of a corporation organized
under this chapter, or a corporation itself organized under
this chapter, to do or perform any act which would be
illegal, unethical or unauthorized conduct under the provisions of the following acts: (1) Physicians and surgeons,
chapter 18.71 RCW; (2) anti-rebating act, chapter 19.68
RCW; (3) state bar act, chapter 2.48 RCW; (4) professional
accounting act, chapter 18.04 RCW; (5) professional architects act, chapter 18.08 RCW; (6) professional auctioneers
act, chapter 18.11 RCW; (7) cosmetologists, barbers, and
manicurists, chapter 18.16 RCW; (8) boarding homes act,
chapter 18.20 RCW; (9) podiatric medicine and surgery,
chapter 18.22 RCW; (10) chiropractic act, chapter 18.25
RCW; (11) registration of contractors, chapter 18.27 RCW;
(12) debt adjusting act, chapter 18.28 RCW; (13) dental
hygienist act, chapter 18.29 RCW; (14) dentistry, chapter
18.32 RCW; (15) dispensing opticians, chapter 18.34 RCW;
(16) naturopathic physicians, chapter 18.36A RCW; (17)
embalmers and funeral directors, chapter 18.39 RCW; (18)
engineers and land surveyors, chapter 18.43 RCW; (19)
escrow agents registration act, chapter 18.44 RCW; (20)
*maternity homes, chapter 18.46 RCW; (21) midwifery,
chapter 18.50 RCW; (22) nursing homes, chapter 18.51
RCW; (23) optometry, chapter 18.53 RCW; (24) osteopathic
physicians and surgeons, chapter 18.57 RCW; (25) pharmacists, chapter 18.64 RCW; (26) physical therapy, chapter
18.74 RCW; (27) registered nurses, advanced registered
nurse practitioners, and practical nurses, chapter 18.79 RCW;
(28) psychologists, chapter 18.83 RCW; (29) real estate
brokers and salesmen, chapter 18.85 RCW; (30) veterinarians, chapter 18.92 RCW. [1994 sp.s. c 9 § 717; 1987 c 447
§ 16; 1982 c 35 § 170; 1969 c 122 § 14.]
*Reviser’s note: The definition of "maternity home" was changed to
"birthing center" by 2000 c 93 § 30.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 447: See RCW 18.36A.901.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
18.100.145 Doctor of osteopathic medicine and
surgery—Discrimination prohibited. A professional
service corporation that provides health care services to the
(2002 Ed.)
Professional Service Corporations
18.100.145
general public may not discriminate against a qualified
doctor of osteopathic medicine and surgery licensed under
chapter 18.57 RCW, who has applied to practice with the
professional service corporation, solely because that practitioner was board certified or eligible under an approved
osteopathic certifying board instead of board certified or
eligible respectively under an approved medical certifying
board. [1995 c 64 § 2.]
18.104.010 Purpose. The legislature declares that the
drilling, making or constructing of wells within the state is
a business and activity of vital interest to the public. In
order to protect the public health, welfare, and safety of the
people it is necessary that provision be made for the regulation and licensing of well contractors and operators and for
the regulation of well design and construction. [1993 c 387
§ 1; 1971 ex.s. c 212 § 1.]
18.100.150 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
18.104.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Abandoned well" means a well that is unused,
unmaintained, and is in such disrepair as to be unusable.
(2) "Constructing a well" or "construct a well" means:
(a) Boring, digging, drilling, or excavating a well;
(b) Installing casing, sheeting, lining, or well screens, in
a well;
(c) Drilling a geotechnical soil boring; or
(d) Installing an environmental investigation well.
"Constructing a well" or "construct a well" includes the
alteration of an existing well.
(3) "Decommission" means to fill or plug a well so that
it will not produce water, serve as a channel for movement
of water or pollution, or allow the entry of pollutants into the
well or aquifers.
(4) "Department" means the department of ecology.
(5) "Dewatering well" means a cased or lined excavation
or boring that is intended to withdraw or divert ground water
for the purpose of facilitating construction, stabilizing a
landslide, or protecting an aquifer.
(6) "Director" means the director of the department of
ecology.
(7) "Environmental investigation well" means a cased
hole intended or used to extract a sample or samples of
ground water, vapor, or soil from an underground formation
and which is decommissioned immediately after the sample
or samples are obtained. An environmental investigation
well is typically installed using direct push technology or
auger boring and uses the probe, stem, auger, or rod as
casing. An environmental investigation well is not a
geotechnical soil boring.
(8) "Geotechnical soil boring" or "boring" means a well
drilled for the purpose of obtaining soil samples or information to ascertain structural properties of the subsurface.
(9) "Ground water" means and includes ground waters
as defined in RCW 90.44.035.
(10) "Instrumentation well" means a well in which
pneumatic or electric geotechnical or hydrological instrumentation is permanently or periodically installed to measure or
monitor subsurface strength and movement. Instrumentation
well includes borehole extensometers, slope indicators,
pneumatic or electric pore pressure transducers, and load
cells.
(11) "Monitoring well" means a well designed to obtain
a representative ground water sample or designed to measure
the water level elevation in either clean or contaminated
water or soil.
(12) "Observation well" means a well designed to
measure the depth to the water level elevation in either clean
or contaminated water or soil.
18.100.160 Foreign professional corporation. A
foreign professional corporation may render professional
services in this state so long as it complies with chapter
23B.15 RCW and each individual rendering professional
services in this state is duly licensed or otherwise legally
authorized to render such professional services within this
state. [1998 c 293 § 7.]
Chapter 18.104
WATER WELL CONSTRUCTION
Sections
18.104.005
18.104.010
18.104.020
18.104.030
18.104.040
18.104.043
18.104.048
18.104.049
18.104.050
18.104.055
18.104.060
18.104.065
18.104.070
18.104.080
18.104.093
18.104.095
18.104.097
18.104.100
18.104.110
18.104.115
18.104.120
18.104.130
18.104.150
18.104.155
18.104.160
18.104.170
18.104.180
18.104.190
18.104.900
18.104.910
18.104.920
18.104.930
Transfer of duties to the department of health.
Purpose.
Definitions.
Compliance enjoined.
Powers of department.
Well sealing and decommissioning—Delegation of authority.
Prior notice of well construction, reconstruction, or decommissioning.
Modification of construction standards.
Reports of well construction or alteration.
Fees.
Violations—Cease and desist orders.
Remedies for noncomplying wells.
Water well operator’s license.
Examinations—Subjects—Times and places.
Water well construction operator’s training license.
Resource protection well operator’s license.
Resource protection well operator’s training license.
Licenses—Duration—Renewal—Failure to renew, procedure—Conditional licenses.
Actions against licenses—Grounds—Duration.
License suspension—Nonpayment or default on educational
loan or scholarship.
Complaints against contractors or operators—Department’s
response—Review.
Appeals.
Disposition of fees—Grants to local governments.
Civil penalties—Amount and disposition.
Criminal penalties—Prosecutions.
Remedies cumulative.
Exemptions.
Technical advisory group.
Short title.
Effective date—1971 ex.s. c 212.
Severability—1971 ex.s. c 212.
Effective date—1993 c 387.
18.104.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 237.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
(2002 Ed.)
[Title 18 RCW—page 267]
18.104.020
Title 18 RCW: Businesses and Professions
(13) "Operator" means a person who (a) is employed by
a well contractor; (b) is licensed under this chapter; or (c)
who controls, supervises, or oversees the construction of a
well or who operates well construction equipment.
(14) "Owner" or "well owner" means the person, firm,
partnership, copartnership, corporation, association, or other
entity who owns the property on which the well is or will be
constructed.
(15) "Pollution" and "contamination" have the meanings
provided in RCW 90.48.020.
(16) "Remediation well" means a well intended or used
to withdraw ground water or inject water, air (for air
sparging), or other solutions into the subsurface for the
purpose of remediating, cleaning up, or controlling potential
or actual ground water contamination.
(17) "Resource protection well" means a cased boring
intended or used to collect subsurface information or to
determine the existence or migration of pollutants within an
underground formation. Resource protection wells include
monitoring wells, observation wells, piezometers, spill
response wells, remediation wells, environmental investigation wells, vapor extraction wells, and instrumentation wells.
(18) "Resource protection well contractor" means any
person, firm, partnership, copartnership, corporation, association, or other entity, licensed and bonded under chapter
18.27 RCW, engaged in the business of constructing resource protection wells or geotechnical soil borings.
(19) "Water well" means any excavation that is constructed when the intended use of the well is for the location,
diversion, artificial recharge, observation, monitoring,
dewatering, or withdrawal of ground water.
(20) "Water well contractor" means any person, firm,
partnership, copartnership, corporation, association, or other
entity, licensed and bonded under chapter 18.27 RCW,
engaged in the business of constructing water wells.
(21) "Well" means water wells, resource protection
wells, dewatering wells, and geotechnical soil borings. Well
does not mean an excavation made for the purpose of
obtaining or prospecting for oil, natural gas, geothermal
resources, minerals, or products of mining, or quarrying, or
for inserting media to repressure oil or natural gas bearing
formations, or for storing petroleum, natural gas, or other
products.
(22) "Well contractor" means a resource protection well
contractor and a water well contractor. [2002 c 48 § 1; 2000
c 171 § 26; 1993 c 387 § 2; 1983 1st ex.s. c 27 § 14; 1971
ex.s. c 212 § 2.]
18.104.030 Compliance enjoined. It is unlawful:
(1) For any person to supervise, construct, alter, or
decommission a well without complying with the provisions
of this chapter and the rules for well construction adopted
pursuant to this chapter;
(2) For any person to cause a well to be constructed in
violation of the standards for well construction established
by this chapter and rules adopted by the department pursuant
to this chapter;
(3) For a prospective water well owner to have a water
well constructed without first obtaining a water right permit,
if a permit is required;
[Title 18 RCW—page 268]
(4) For any person to construct, alter, or decommission
a well unless the fees required by RCW 18.104.055 have
been paid;
(5) For a person to tamper with or remove a well
identification tag except during well alteration; and
(6) Except as provided in RCW 18.104.180, for any
person to contract to engage in the construction of a well or
to act as a well operator without first obtaining a license
pursuant to this chapter. [1993 c 387 § 3; 1971 ex.s. c 212
§ 3.]
18.104.040 Powers of department. The department
shall have the power:
(1) To issue, deny, suspend or revoke licenses pursuant
to the provisions of this chapter;
(2) At all reasonable times, to enter upon lands for the
purpose of inspecting, taking measurements from, or tagging
any well, constructed or being constructed;
(3) To call upon or receive professional or technical
advice from the department of health, the technical advisory
group created in RCW 18.104.190, or any other public
agency or person;
(4) To adopt rules, in consultation with the department
of health and the technical advisory group created in RCW
18.104.190, governing licensing and well construction as
may be appropriate to carry out the purposes of this chapter.
The rules adopted by the department may include, but are
not limited to:
(a) Standards for the construction and maintenance of
wells and their casings;
(b) Methods of capping, sealing, and decommissioning
wells to prevent contamination of ground water resources
and to protect public health and safety;
(c) Methods of artificial recharge of ground water
bodies and of construction of wells which insure separation
of individual water bearing formations;
(d) The manner of conducting and the content of
examinations required to be taken by applicants for license
hereunder;
(e) Requirements for the filing of notices of intent, well
reports, and the payment of fees;
(f) Reporting requirements of well contractors;
(g) Limitations on well construction in areas identified
by the department as requiring intensive control of withdrawals in the interests of sound management of the ground water
resource;
(5) To require the operator in the construction of a well
and the property owner in the maintenance of a well to
guard against waste and contamination of the ground water
resources;
(6) To require the operator to place a well identification
tag on a new well and on an existing well on which work is
performed after the effective date of rules requiring well
identification tags and to place or require the owner to place
a well identification tag on an existing well;
(7) To require the well owner to repair or decommission
any well:
(a) That is abandoned, unusable, or not intended for
future use; or
(2002 Ed.)
Water Well Construction
(b) That is an environmental, safety, or public health
hazard. [1993 c 387 § 4; 1991 c 3 § 249; 1971 ex.s. c 212
§ 4.]
18.104.043 Well sealing and decommissioning—
Delegation of authority. (1) If requested in writing by the
governing body of a local health district or county, the
department by memorandum of agreement may delegate to
the governing body the authority to administer and enforce
the well tagging, sealing, and decommissioning portions of
the water well construction program.
(2) The department shall determine whether a local
health district or county that seeks delegation under this
section has the resources, capability, and expertise, including
qualified field inspectors, to administer the delegated
program. If the department determines the local government
has these resources, it shall notify well contractors, consultants, and operators of the proposal. The department shall
accept written comments on the proposal for sixty days after
the notice is mailed.
(3) If the department determines that a delegation of
authority to a local health district or county to administer
and enforce the well sealing and decommissioning portions
of the water well construction program will enhance the
public health and safety and the environment, the department
and the local governing body may enter into a memorandum
of agreement setting forth the specific authorities delegated
by the department to the local governing body. The memorandum of agreement shall provide for an initial review of
the delegation within one year and for periodic review
thereafter.
(4) With regard to the portions of the water well
construction program delegated under this section, the local
governing agency shall exercise only the authority delegated
to it under this section. If, after a public hearing, the
department determines that a local governing body is not
administering the program in accordance with this chapter,
it shall notify the local governing body of the deficiencies.
If corrective action is not taken within a reasonable time, not
to exceed sixty days, the department by order shall withdraw
the delegation of authority.
(5) The department shall promptly furnish the local
governing body with a copy of each water well report and
notification of start cards received in the area covered by a
delegated program.
(6) The department and the local governing body shall
coordinate to reduce duplication of effort and shall share all
appropriate information including technical reports, violations, and well reports.
(7) Any person aggrieved by a decision of a local health
district or county under a delegated program may appeal the
decision to the department. The department’s decision is
subject to review by the pollution control hearings board as
provided in RCW 43.21B.110.
(8) The department shall not delegate the authority to
license well contractors, renew licenses, receive notices of
intent to commence constructing a well, receive well reports,
or collect state fees provided for in this chapter. [2000 c 32
§ 1; 1996 c 12 § 2; 1993 c 387 § 5; 1992 c 67 § 2.]
Findings—Intent—1996 c 12: "The legislature finds that experimental delegation of portions of the well drilling administration and enforcement
authority of the department of ecology to willing and able local govern(2002 Ed.)
18.104.040
ments has been successful to date. Delegation has provided a more
effective and efficient means of assuring proper well construction and
decommissioning and protection of public health and safety than could be
accomplished by the department of ecology acting alone. The legislature
further finds that without legislative action, the authority for such delegation
will expire June 30, 1996. Therefore, it is the intent of the legislature to
extend the authority for delegation an additional four years." [1996 c 12 §
1.]
Legislative findings—1992 c 67: "The legislature finds that the
public health and safety and the environment would be enhanced by
permitting qualified local governmental agencies to administer and enforce
portions of the water well construction program." [1992 c 67 § 1.]
18.104.048 Prior notice of well construction,
reconstruction, or decommissioning. A property owner or
the owner’s agent shall notify the department of his or her
intent to begin well construction, reconstruction, or decommissioning procedures at least seventy-two hours in advance
of commencing work. The notice shall be submitted on
forms provided by the department and shall be accompanied
by the fees required by RCW 18.104.055. The notice shall
contain the name of the owner of the well, location of the
well, proposed use, approximate start date, well contractor’s
or operator’s name and license number, company’s name,
and other pertinent information as prescribed by rule of the
department. Rules of the department shall also provide for
prior telephonic notification by well contractors or operators
in exceptional situations. The department shall issue a
receipt indicating that the notice required by this section has
been filed and the fees required by RCW 18.104.055 have
been paid not later than three business days after the
department has received the notice and fees. [1993 c 387 §
6; 1987 c 394 § 3.]
18.104.049 Modification of construction standards.
The department by rule shall adopt procedures to permit a
well operator to modify construction standards to meet
unforeseen circumstances encountered during the construction of a well. The procedures shall be developed in
consultation with the technical advisory group established in
RCW 18.104.190. [1993 c 387 § 7.]
18.104.050 Reports of well construction or alteration. (1) A well contractor shall furnish a well report to
the director within thirty days after the completion of the
construction or alteration of a well by the contractor. The
director, by rule, shall prescribe the form of the report and
the information to be contained therein.
(2) In the case of a dewatering well project:
(a) A single well construction report may be submitted
for all similar dewatering wells constructed with no significant change in geologic formation; and
(b) A single well decommissioning report may be
submitted for all similar dewatering wells decommissioned
that have no significant change in geologic formation. [1993
c 387 § 8; 1971 ex.s. c 212 § 5.]
18.104.055 Fees. (1) A fee is hereby imposed on each
well constructed in this state on or after July 1, 1993.
(2)(a) The fee for one new water well, other than a
dewatering well, with a minimum top casing diameter of less
than twelve inches is one hundred dollars.
[Title 18 RCW—page 269]
18.104.055
Title 18 RCW: Businesses and Professions
(b) The fee for one new water well, other than a
dewatering well, with a minimum top casing diameter of
twelve inches or greater is two hundred dollars.
(c) The fee for a new resource protection well, except
for an environmental investigation well, is forty dollars for
each well.
(d) The fee for an environmental investigation well in
which ground water is sampled or measured is forty dollars
for construction of up to four environmental investigation
wells per project, ten dollars for each additional environmental investigation well constructed on a project with more than
four wells. There is no fee for soil or vapor sampling
purposes.
(e) The combined fee for construction and decommissioning of a dewatering well system shall be forty dollars for
each two hundred horizontal lineal feet, or portion thereof,
of the dewatering well system.
(3) The fees imposed by this section shall be paid at the
time the notice of well construction is submitted to the
department as provided by RCW 18.104.048. The department by rule may adopt procedures to permit the fees
required for resource protection wells to be paid after the
number of wells actually constructed has been determined.
The department shall refund the amount of any fee collected
for wells, borings, probes, or excavations as long as construction has not started and the department has received a
refund request within one hundred eighty days from the time
the department received the fee. The refund request shall be
made on a form provided by the department. [2002 c 48 §
2; 1993 c 387 § 9.]
18.104.060 Violations—Cease and desist orders.
Notwithstanding and in addition to any other powers granted
to the department, whenever it appears to the director, or to
an assistant authorized by the director to issue regulatory
orders under this section, that a person is violating or is
about to violate any of the provisions of this chapter, the
director, or the director’s authorized assistant, may cause a
written regulatory order to be served upon said person either
personally, or by registered or certified mail delivered to the
addressee only with return receipt requested and acknowledged by him or her. The order shall specify the provision
of this chapter, and if applicable, the rule adopted pursuant
to this chapter alleged to be or about to be violated, and the
facts upon which the conclusion of violating or potential
violation is based, and shall order the act constituting the
violation or the potential violation to cease and desist or, in
appropriate cases, shall order necessary corrective action to
be taken with regard to such acts within a specific and
reasonable time. An order issued under this chapter shall
become effective immediately upon receipt by the person to
whom the order is directed, and shall become final unless
review thereof is requested as provided in this chapter.
[1993 c 387 § 10; 1971 ex.s. c 212 § 6.]
18.104.065 Remedies for noncomplying wells. (1)
The department may order a well contractor or well operator
to repair, alter, or decommission a well if the department
demonstrates that the construction of the well did not meet
the standards for well construction in effect at the time
construction of the well was completed.
[Title 18 RCW—page 270]
(2) The department may not issue an order pursuant to
this section:
(a) For wells for which construction has been substantially completed before July 1, 1993, more than six years
after construction has been substantially completed; or
(b) For wells for which construction has been substantially completed on or after July 1, 1993, more than three
years after construction has been substantially completed.
For purposes of this subsection, "construction has been
substantially completed" has the same meaning as "substantial completion of construction" in RCW 4.16.310.
(3) Subsection (2) of this section shall only apply to a
well for which the notice of construction required by RCW
18.104.048 and the report required by RCW 18.104.050 have
been filed with the department. [1993 c 387 § 11.]
18.104.070 Water well operator’s license. A person
shall be qualified to receive a water well operator’s license
if the person:
(1) Has submitted a completed application to the
department on forms provided by the department and has
paid to the department the application fee determined by rule
adopted pursuant to this chapter; and
(2) Has the field experience and educational training
required by rule adopted by the department pursuant to this
chapter; and
(3) Has passed a written examination as provided for in
RCW 18.104.080; and
(4) Has passed an on-site examination by the department
if the person’s qualifying field experience under subsection
(2) of this section is from another state. The department
may waive the on-site examination. [1993 c 387 § 12; 1987
c 394 § 2; 1971 ex.s. c 212 § 7.]
18.104.080 Examinations—Subjects—Times and
places. The examination for a license issued pursuant to this
chapter shall be prepared to test knowledge and understanding of at least the following subjects:
(1) Washington ground water laws as they relate to well
construction;
(2) Sanitary standards for well drilling and construction
of wells;
(3) Types of well construction;
(4) Drilling tools and equipment;
(5) Underground geology as it relates to well construction; and
(6) Rules of the department and the department of
health relating to well construction.
Examinations shall be held at such times and places as
may be determined by the department but not later than
thirty days after an applicant has filed a completed application with the department. The department shall make a
determination of the applicant’s qualifications for a license
within ten days after the examination. [1993 c 387 § 16;
1991 c 3 § 250; 1971 ex.s. c 212 § 8.]
18.104.093 Water well construction operator’s
training license. The department may issue a water well
construction operator’s training license if the person:
(1) Has submitted a completed application to the
department on forms provided by the department and has
(2002 Ed.)
Water Well Construction
paid to the department the application fee required by rules
adopted pursuant to this chapter;
(2) Has acquired field experience and educational
training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(5) Presents a statement by a person licensed under this
chapter, other than a trainee, signed under penalty of perjury
as provided in RCW 9A.72.085, verifying that the applicant
has the field experience required by rules adopted pursuant
to this chapter and assuming liability for any and all well
construction activities of the person seeking the training
license.
A person with a water well construction operator’s
training license may operate a drilling rig without the direct
supervision of a licensed operator if a licensed operator is
available by radio, telephone, or other means of communication. [1993 c 387 § 13.]
18.104.095 Resource protection well operator’s
license. A person shall be qualified to receive a resource
protection well operator’s license if the person:
(1) Has submitted a completed application to the
department on forms provided by the department and has
paid to the department the application fee required by rules
adopted pursuant to this chapter;
(2) Has acquired field experience and educational
training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080. This requirement shall not apply to a
person who passed the written examination to obtain a
resource protection well construction operator’s training
license; and
(4) Has passed an on-site examination by the department
if the person’s qualifying field experience is from another
state. The department may waive the on-site examination.
A person with a license issued pursuant to this chapter
before July 1, 1993, may obtain a resource protection well
construction operator’s license by paying the application fee
determined by rule adopted by the department pursuant to
this chapter and submitting evidence required by the department to demonstrate that the person has the required experience to construct resource protection wells. [1993 c 387 §
14.]
18.104.097 Resource protection well operator’s
training license. The department may issue a resource
protection well operator’s training license if the person:
(1) Has submitted a completed application to the
department on forms provided by the department and has
paid to the department the application fee required by rules
adopted pursuant to this chapter;
(2) Has acquired field experience and educational
training required by rules adopted pursuant to this chapter;
(3) Has passed a written examination as provided for in
RCW 18.104.080;
(4) Has passed an on-site examination by the department; and
(2002 Ed.)
18.104.093
(5) Presents a statement by a person licensed under this
chapter, other than a trainee, signed under penalty of perjury
as provided in RCW 9A.72.085, verifying that the applicant
has the field experience required by rules adopted pursuant
to this chapter and assuming liability for any and all well
construction activities of the person seeking the training
license.
A person with a resource protection well construction
operator’s training license may operate a drilling rig without
direct supervision of a licensed operator if a licensed
operator is accessible by radio, telephone, or other means of
communication. [1993 c 387 § 15.]
18.104.100 Licenses—Duration—Renewal—Failure
to renew, procedure—Conditional licenses. (1) Licenses
issued pursuant to this chapter shall be renewed every two
years. A license shall be renewed upon payment of a
renewal fee and completion of continuing education required
by rule adopted by the department. If a licensee fails to
submit an application for renewal, the renewal fee, and proof
of completion of the required continuing education, the
license shall expire at the end of its effective term.
(2) A person whose license has expired must apply for
a new license as provided in this chapter. The department
may waive the requirement for a written examination and
on-site testing for a person whose license has expired.
(3) The department may refuse to renew a license if the
licensee has not complied with an order issued by the
department or has not paid a penalty imposed in accordance
with this chapter, unless the order or penalty is under appeal.
(4) The department may issue a conditional license to
enable a former licensee to comply with an order to correct
problems with a well. [1993 c 387 § 17; 1971 ex.s. c 212
§ 10.]
18.104.110 Actions against licenses—Grounds—
Duration. (1) In cases other than those relating to the
failure of a licensee to renew a license, the director may
suspend or revoke a license issued pursuant to this chapter
for any of the following reasons:
(a) For fraud or deception in obtaining the license;
(b) For fraud or deception in reporting under RCW
18.104.050;
(c) For violating the provisions of this chapter, or of any
lawful rule or regulation of the department or the department
of health.
(2) The director shall immediately suspend any license
issued under this chapter if the holder of the license has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license shall be automatic upon the director’s receipt of
a release issued by the department of social and health
services stating that the person is in compliance with the
order.
(3) No license shall be suspended for more than six
months, except that a suspension under RCW 74.20A.320
shall continue until the department receives a release issued
[Title 18 RCW—page 271]
18.104.110
Title 18 RCW: Businesses and Professions
by the department of social and health services stating that
the person is in compliance with the order.
(4) No person whose license is revoked shall be eligible
to apply for a license for one year from the effective date of
the final order of revocation. [1997 c 58 § 828; 1993 c 387
§ 18; 1991 c 3 § 251; 1971 ex.s. c 212 § 11.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.104.115 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been
certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
16.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.104.120 Complaints against contractors or
operators—Department’s response—Review. Any person
with an economic or noneconomic interest may make a
complaint against any well contractor or operator for
violating this chapter or any regulations under it to the
department of ecology. The complaint shall be in writing,
signed by the complainant, and specify the grievances
against the licensee. The department shall respond to the
complaint by issuance of an order it deems appropriate.
Review of the order shall be subject to the hearings procedures set forth in RCW 18.104.130. [1993 c 387 § 19; 1983
c 93 § 1; 1971 ex.s. c 212 § 12.]
18.104.130 Appeals. Any person who feels aggrieved
by an order of the department including the granting, denial,
revocation, or suspension of a license issued by the department pursuant to this chapter shall be entitled to an appeal
pursuant to RCW 43.21B.310. [1987 c 109 § 24; 1971 ex.s.
c 212 § 13.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 18 RCW—page 272]
18.104.150 Disposition of fees—Grants to local
governments. (1) All fees paid under this chapter shall be
credited by the state treasurer to the reclamation account
established by chapter 89.16 RCW. Subject to legislative
appropriation, the fees collected under this chapter shall be
allocated and expended by the director for the administration
of the well construction, well operators’ licensing, and
education programs.
(2) The department shall provide grants to local governing entities that have been delegated portions of the well
construction program pursuant to RCW 18.104.043 to assist
in supporting well inspectors hired by the local governing
body. Grants provided to a local governing body shall not
exceed the revenues generated from fees for the portion of
the program delegated and from the area in which authority
is delegated to the local governing body. [1993 c 387 § 20;
1971 ex.s. c 212 § 15.]
18.104.155 Civil penalties—Amount and disposition.
(1) Except as provided in RCW 43.05.060 through 43.05.080
and 43.03.150, the department of ecology may assess a civil
penalty for a violation of this chapter or rules or orders of
the department adopted or issued pursuant to it.
(2) There shall be three categories of violations: Minor,
serious, and major.
(a) A minor violation is a violation that does not
seriously threaten public health, safety, and the environment.
Minor violations include, but are not limited to:
(i) Failure to submit completed start cards and well
reports within the required time;
(ii) Failure to submit variance requests before construction;
(iii) Failure to submit well construction fees;
(iv) Failure to place a well identification tag on a new
well; and
(v) Minor or reparable construction problems.
(b) A serious violation is a violation that poses a critical
or serious threat to public health, safety, and the environment. Serious violations include, but are not limited to:
(i) Improper well construction;
(ii) Intentional and improper location or siting of a well;
(iii) Construction of a well without a required permit;
(iv) Violation of decommissioning requirements;
(v) Repeated minor violations; or
(vi) Construction of a well by a person whose license
has expired or has been suspended for not more than ninety
days.
(c) A major violation is the construction of a well by a
person:
(i) Without a license; or
(ii) After the person’s license has been suspended for
more than ninety days or revoked.
(3)(a) The penalty for a minor violation shall be not less
than one hundred dollars and not more than five hundred
dollars. Before the imposition of a penalty for a minor
violation, the department may issue an order of noncompliance to provide an opportunity for mitigation or compliance.
(b) The penalty for a serious violation shall be not less
than five hundred dollars and not more than five thousand
dollars.
(2002 Ed.)
Water Well Construction
(c) The penalty for a major violation shall be not less
than five thousand dollars and not more than ten thousand
dollars.
(4) In determining the appropriate penalty under
subsection (3) of this section the department shall consider
whether the person:
(a) Has demonstrated a general disregard for public
health and safety through the number and magnitude of the
violations;
(b) Has demonstrated a disregard for the well construction laws or rules in repeated or continuous violations; or
(c) Knew or reasonably should have known of circumstances that resulted in the violation.
(5) Penalties provided for in this section shall be
imposed pursuant to RCW 43.21B.300. The department
shall provide thirty days written notice of a violation as
provided in RCW 43.21B.300(3).
(6) For informational purposes, a copy of the notice of
violation, resulting from the improper construction of a well,
that is sent to a water well contractor or water well construction operator, shall also be sent by the department to the well
owner.
(7) Penalties collected by the department pursuant to
this section shall be deposited in the reclamation account
established by chapter 89.16 RCW. Subject to legislative
appropriation, the penalties may be spent only for purposes
related to the restoration and enhancement of ground water
resources in the state. [1995 c 403 § 628; 1993 c 387 § 21;
1987 c 394 § 1.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
18.104.160 Criminal penalties—Prosecutions. Any
person who shall violate any provision of this chapter, shall
be guilty of a misdemeanor and shall, upon conviction, be
subject to a fine of not more than two hundred fifty dollars,
or imprisonment in a county jail for a term not to exceed
thirty days, or both. Criminal prosecutions for violations of
this chapter shall be prosecuted by the prosecuting attorney
in the county in which the violation occurred. [1971 ex.s. c
212 § 16.]
18.104.170 Remedies cumulative. The remedies
provided for in this chapter shall be cumulative and nothing
herein shall alter, abridge or foreclose alternative actions at
common law or in equity or under statutory law, civil or
criminal. [1971 ex.s. c 212 § 17.]
18.104.180 Exemptions. No license under this
chapter shall be required of:
(1) Any individual who personally constructs a well on
land which is owned or leased by the individual or in which
the individual has a beneficial interest as a contract purchaser and is used by the individual for farm or single-family
residential use only. An individual who constructs a well
without a license pursuant to this subsection shall comply
with all other requirements of this chapter and rules adopted
by the department, including but not limited to, well construction standards, payment of well construction fees, and
(2002 Ed.)
18.104.155
notification of well construction required by RCW
18.104.048. An individual without a license may construct
not more than one well every two years pursuant to the
provisions of this subsection.
(2) An individual who performs labor or services for a
well contractor in connection with the construction of a well
at the direction and under the supervision and control of a
licensed operator who is present at the construction site.
(3) A person licensed under the provisions of chapter
18.08 or 18.43 RCW if in the performance of duties covered
by those licenses. [1993 c 387 § 24; 1971 ex.s. c 212 § 18.]
18.104.190 Technical advisory group. (1) For the
purpose of carrying out the provisions of this chapter, the
director shall appoint a technical advisory group, chaired by
the department. The technical advisory group shall have
twelve members: Two members shall represent the department of ecology, six members shall represent resource
protection well contractors or water well contractors, one
member shall represent the department of health, one
member shall represent local health departments, one
member shall represent licensed professional engineers, and
one member shall be a scientist knowledgeable in the design
and construction of wells.
(2) The technical advisory group shall assist the department in the development and revision of rules; the preparation and revision of licensing examinations; the development
of training criteria for inspectors, well contractors, and well
operators; and the review of proposed changes to the
minimum standards for construction and maintenance of
wells by local governments for the purpose of achieving
continuity with technology and state rules.
(3) The group shall meet at least twice each year to
review rules and suggest any necessary changes.
(4) Each member of the group shall be compensated in
accordance with RCW 43.03.240 and reimbursed for travel
expenses while engaged in the business of the group as
prescribed in RCW 43.03.050 and 43.03.060. [1993 c 387
§ 25.]
18.104.900 Short title. This chapter shall be known
and may be cited as the "Washington well construction act."
[1993 c 387 § 26; 1971 ex.s. c 212 § 19.]
18.104.910 Effective date—1971 ex.s. c 212. This
act shall take effect on July 1, 1971. [1971 ex.s. c 212 §
20.]
18.104.920 Severability—1971 ex.s. c 212. If any
provision of the act, or its application to any person or
circumstance is held invalid, the remainder of this act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 212 § 21.]
18.104.930 Effective date—1993 c 387. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 387 § 29.]
[Title 18 RCW—page 273]
Chapter 18.106
Title 18 RCW: Businesses and Professions
Chapter 18.106
PLUMBERS
Sections
18.106.010 Definitions.
18.106.020 Certificate or permit required—Trainee supervision required—Medical gas piping installer endorsement—
Penalty—Notice of infraction.
18.106.030 Application for certificate of competency—Medical gas
piping installer endorsement—Evidence required.
18.106.040 Examinations—Eligibility requirements—Determination.
18.106.050 Examinations—Scope—Results—Retaking.
18.106.070 Certificates of competency, installer endorsement—
Issuance—Renewal—Rights of holder—Training certificates—Supervision.
18.106.075 Medical gas piping installer endorsement.
18.106.080 Persons engaged in plumbing business or trade on effective
date.
18.106.090 Temporary permits.
18.106.100 Revocation of certificate of competency—Grounds—
Procedure.
18.106.110 Advisory board of plumbers.
18.106.125 Fees.
18.106.130 Plumbing certificate fund.
18.106.140 Powers and duties of director.
18.106.150 Exemptions.
18.106.155 Reciprocity.
18.106.170 Violations—Investigations—Evidence of compliance.
18.106.180 Notice of infraction—Issuance, service.
18.106.190 Notice—Contents.
18.106.200 Notice—Hearing—Contest—Notice of appeal.
18.106.210 Notice—Determination infraction committed.
18.106.220 Notice—Penalty payment—Filing answer of protest—Failure
to respond or appear.
18.106.230 Notice—Failure to respond—Misdemeanor.
18.106.240 Representation by attorney—Department represented by
attorney general.
18.106.250 Infraction—Cases—Administrative Procedure Act—Burden
of proof—Order—Appeal.
18.106.270 Infraction—Monetary penalties—Rules.
18.106.280 Pilot project—Enforcement of chapter—Reimbursement fee.
18.106.290 Certificate or permit suspension—Nonpayment or default on
educational loan or scholarship.
18.106.300 Certificate suspension—Noncompliance with support order—Reissuance.
18.106.310 Backflow assembly testers—Specialty plumber’s certificate
of competency.
18.106.320 Contractor’s duties—Records audit—Department’s rulemaking authority—Penalty.
18.106.010 Definitions. Unless a different meaning
is plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the
following meaning:
(1) "Advisory board" means the state advisory board of
plumbers;
(2) "Contractor" means any person, corporate or
otherwise, who engages in, or offers or advertises to engage
in, any work covered by the provisions of this chapter by
way of trade or business, or any person, corporate or
otherwise, who employs anyone, or offers or advertises to
employ anyone, to engage in any work covered by the
provisions of this chapter;
(3) "Department" means the department of labor and
industries;
(4) "Director" means the director of department of labor
and industries;
(5) "Journeyman plumber" means any person who has
been issued a certificate of competency by the department of
labor and industries as provided in this chapter;
[Title 18 RCW—page 274]
(6) "Medical gas piping" means oxygen, nitrous oxide,
high pressure nitrogen, medical compressed air, and medical
vacuum systems;
(7) "Medical gas piping installer" means a journeyman
plumber who has been issued a medical gas piping installer
endorsement;
(8) "Plumbing" means that craft involved in installing,
altering, repairing and renovating potable water systems,
liquid waste systems, and medical gas piping systems within
a building. Installation in a water system of water softening
or water treatment equipment is not within the meaning of
plumbing as used in this chapter;
(9) "Specialty plumber" means anyone who has been
issued a specialty certificate of competency limited to:
(a) Installation, maintenance, and repair of the plumbing
of single-family dwellings, duplexes, and apartment buildings
that do not exceed three stories; or
(b) Maintenance and repair of backflow prevention
assemblies. [2002 c 82 § 1; 2001 c 281 § 1; 1997 c 326 §
2; 1995 c 282 § 2; 1983 c 124 § 1; 1977 ex.s. c 149 § 1;
1975 1st ex.s. c 71 § 1; 1973 1st ex.s. c 175 § 1.]
Effective date—1997 c 326: "This act takes effect July 1, 1998."
[1997 c 326 § 7.]
18.106.020 Certificate or permit required—Trainee
supervision required—Medical gas piping installer
endorsement—Penalty—Notice of infraction. (1) No
person may engage in or offer to engage in the trade of
plumbing without having a journeyman certificate, specialty
certificate, temporary permit, or trainee certificate. A trainee
must be supervised by a person who has a journeyman
certificate, specialty certificate, or temporary permit, as
specified in RCW 18.106.070. No contractor may employ
a person to engage in or offer to engage in the trade of
plumbing unless the person employed has a journeyman
certificate, specialty certificate, temporary permit, or trainee
certificate. This section does not apply to a contractor who
is contracting for work on his or her own residence.
(2) No person may engage in or offer to engage in
medical gas piping installation without having a certificate
of competency as a journeyman plumber and a medical gas
piping installer endorsement. A trainee may engage in
medical gas piping installation if he or she has a training
certificate and is supervised by a person with a medical gas
piping installer endorsement. No contractor may employ a
person to engage in or offer to engage in medical gas piping
installation unless the person employed has a certificate of
competency as a journeyman plumber and a medical gas
piping installer endorsement.
(3) No contractor may advertise, offer to do work,
submit a bid, or perform any work under this chapter
without being registered as a contractor under chapter 18.27
RCW.
(4) Violation of this section is an infraction. Each day
in which a person engages in the trade of plumbing in
violation of this section or employs a person in violation of
this section is a separate infraction. Each worksite at which
a person engages in the trade of plumbing in violation of this
section or at which a person is employed in violation of this
section is a separate infraction.
(5) Notices of infractions for violations of this section
may be issued to:
(2002 Ed.)
Plumbers
(a) The person engaging in or offering to engage in the
trade of plumbing in violation of this section;
(b) The contractor in violation of this section; and
(c) The contractor’s employee who authorized the work
assignment of the person employed in violation of this
section. [2002 c 82 § 2; 1997 c 326 § 3; 1994 c 174 § 2;
1983 c 124 § 4; 1977 ex.s. c 149 § 2; 1975 1st ex.s. c 71 §
2; 1973 1st ex.s. c 175 § 2.]
Effective date—1997 c 326: See note following RCW 18.106.010.
Effective date—1994 c 174: "This act shall take effect July 1, 1994."
[1994 c 174 § 10.]
Effective date—1983 c 124: "Sections 4 through 16 of this act shall
take effect on January 1, 1984." [1983 c 124 § 21.]
18.106.030 Application for certificate of competency—Medical gas piping installer endorsement—Evidence
required. Any person desiring to be issued a certificate of
competency as provided in this chapter shall deliver evidence
in a form prescribed by the department affirming that said
person has had sufficient experience in as well as demonstrated general competency in the trade of plumbing or
specialty plumbing so as to qualify him to make an application for a certificate of competency as a journeyman plumber
or specialty plumber. Completion of a course of study in the
plumbing trade in the armed services of the United States or
at a school accredited by the work force training and
education coordinating board shall constitute sufficient
evidence of experience and competency to enable such
person to make application for a certificate of competency.
Any person desiring to be issued a medical gas piping
installer endorsement shall deliver evidence in a form
prescribed by the department affirming that the person has
met the requirements established by the department for a
medical gas piping installer endorsement.
In addition to supplying the evidence as prescribed in
this section, each applicant for a certificate of competency
shall submit an application for such certificate on such form
and in such manner as shall be prescribed by the director of
the department. [1997 c 326 § 4; 1977 ex.s. c 149 § 3; 1973
1st ex.s. c 175 § 3.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.040 Examinations—Eligibility requirements—Determination. (1) Upon receipt of the application
and evidence set forth in RCW 18.106.030, the director shall
review the same and make a determination as to whether the
applicant is eligible to take an examination for the certificate
of competency. To be eligible to take the examination:
(a) Each applicant for a journeyman plumber’s certificate of competency shall furnish written evidence that he or
she has completed a course of study in the plumbing trade
in the armed services of the United States or at a school
licensed by the work force training and education coordinating board, or has had four or more years of experience under
the direct supervision of a licensed journeyman plumber.
(b) Each applicant for a specialty plumber’s certificate
of competency under *RCW 18.106.010(8)(a) shall furnish
written evidence that he or she has completed a course of
study in the plumbing trade in the armed services of the
United States or at a school licensed by the work force
training and education coordinating board under chapter
(2002 Ed.)
18.106.020
28C.10 RCW, or that he or she has had at least three years
practical experience in the specialty.
(c) Each applicant for a specialty plumber’s certificate
of competency under *RCW 18.106.010(8)(b) shall furnish
written evidence that he or she is eligible to take the
examination. These eligibility requirements shall be adopted
by rule by the director pursuant to subsection (2)(b) of this
section.
(2)(a) The director shall establish reasonable rules for
the examinations to be given applicants for certificates of
competency. In establishing the rules, the director shall
consult with the state advisory board of plumbers as established in RCW 18.106.110.
(b) The director shall establish reasonable criteria by
rule for determining an applicant’s eligibility to take an
examination for the certificate of competency for specialty
plumbers under subsection (1)(c) of this section. In establishing the criteria, the director shall consult with the state
advisory board of plumbers as established in RCW
18.106.110. These rules must take effect by July 1, 2002.
(3) Upon determination that the applicant is eligible to
take the examination, the director shall so notify the applicant, indicating the time and place for taking the same.
(4) No other requirement for eligibility may be imposed.
[2001 c 281 § 2; 1977 ex.s. c 149 § 4; 1975 1st ex.s. c 71
§ 3; 1973 1st ex.s. c 175 § 4.]
*Reviser’s note: RCW 18.106.010 was amended by 2002 c 82 § 1,
changing subsection (8) to subsection (9).
18.106.050 Examinations—Scope—Results—
Retaking. (1) The department, with the advice of the
advisory board, shall prepare a written examination to be
administered to applicants for certificates of competency for
journeyman plumber and specialty plumber. The examination shall be constructed to determine:
(a) Whether the applicant possesses varied general
knowledge of the technical information and practical
procedures that are identified with the trade of journeyman
plumber or specialty plumber; and
(b) Whether the applicant is familiar with the applicable
plumbing codes and the administrative rules of the department pertaining to plumbing and plumbers.
The department shall administer the examination to
eligible persons. All applicants shall, before taking the
examination, pay to the department a fee.
(2) For purposes of the medical gas piping installer
endorsement, the department may enter into a contract with
a nationally recognized testing agency to develop, administer, and score medical gas piping installer examinations. All
applicants shall, before taking an examination for a medical
gas piping installer endorsement, pay the required examination fee. The department shall set the examination fee by
contract with a nationally recognized testing agency. The
fee shall cover but not exceed the costs of preparing and
administering the examination and the materials necessary to
conduct the practical elements of the examination. The
department shall approve training courses and set the fees for
training courses for the medical gas piping installer endorsement.
The department shall certify the results of the examination, and shall notify the applicant in writing whether he or
she has passed or failed. Any applicant who has failed the
[Title 18 RCW—page 275]
18.106.050
Title 18 RCW: Businesses and Professions
examination may retake the examination, upon the terms and
after a period of time that the director shall set by rule. The
director may not limit the number of times that a person may
take the examination. [1997 c 326 § 5; 1983 c 124 § 2;
1977 ex.s. c 149 § 5; 1973 1st ex.s. c 175 § 5.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.070 Certificates of competency, installer
endorsement—Issuance—Renewal—Rights of holder—
Training certificates—Supervision. (1) The department
shall issue a certificate of competency to all applicants who
have passed the examination and have paid the fee for the
certificate. The certificate shall bear the date of issuance,
and shall expire on the birthdate of the holder immediately
following the date of issuance. The certificate shall be
renewable every other year, upon application, on or before
the birthdate of the holder. A renewal fee shall be assessed
for each certificate. If a person fails to renew the certificate
by the renewal date, he or she must pay a doubled fee. If
the person does not renew the certificate within ninety days
of the renewal date, he or she must retake the examination
and pay the examination fee.
The journeyman plumber and specialty plumber certificates of competency, the medical gas piping installer
endorsement, and the temporary permit provided for in this
chapter grant the holder the right to engage in the work of
plumbing as a journeyman plumber, specialty plumber, or
medical gas piping installer, in accordance with their
provisions throughout the state and within any of its political
subdivisions on any job or any employment without additional proof of competency or any other license or permit or
fee to engage in the work. This section does not preclude
employees from adhering to a union security clause in any
employment where such a requirement exists.
(2) A person who is indentured in an apprenticeship
program approved under chapter 49.04 RCW for the plumbing construction trade or who is learning the plumbing
construction trade may work in the plumbing construction
trade if supervised by a certified journeyman plumber or a
certified specialty plumber in that plumber’s specialty. All
apprentices and individuals learning the plumbing construction trade shall obtain a plumbing training certificate from
the department. The certificate shall authorize the holder to
learn the plumbing construction trade while under the direct
supervision of a journeyman plumber or a specialty plumber
working in his or her specialty. The holder of the plumbing
training certificate shall renew the certificate annually. At
the time of renewal, the holder shall provide the department
with an accurate list of the holder’s employers in the
plumbing construction industry for the previous year and the
number of hours worked for each employer. An annual fee
shall be charged for the issuance or renewal of the certificate. The department shall set the fee by rule. The fee shall
cover but not exceed the cost of administering and enforcing
the trainee certification and supervision requirements of this
chapter. Apprentices and individuals learning the plumbing
construction trade shall have their plumbing training certificates in their possession at all times that they are performing
plumbing work. They shall show their certificates to an
authorized representative of the department at the
representative’s request.
[Title 18 RCW—page 276]
(3) Any person who has been issued a plumbing training
certificate under this chapter may work if that person is
under supervision. Supervision shall consist of a person
being on the same job site and under the control of either a
journeyman plumber or an appropriate specialty plumber
who has an applicable certificate of competency issued under
this chapter. Either a journeyman plumber or an appropriate
specialty plumber shall be on the same job site as the
noncertified individual for a minimum of seventy-five
percent of each working day unless otherwise provided in
this chapter. The ratio of noncertified individuals to certified
journeymen or specialty plumbers working on a job site shall
be: (a) From July 28, 1985, through June 30, 1988, not
more than three noncertified plumbers working on any one
job site for every certified journeyman or specialty plumber;
(b) effective July 1, 1988, not more than two noncertified
plumbers working on any one job site for every certified
specialty plumber or journeyman plumber working as a
specialty plumber; and (c) effective July 1, 1988, not more
than one noncertified plumber working on any one job site
for every certified journeyman plumber working as a
journeyman plumber.
An individual who has a current training certificate and
who has successfully completed or is currently enrolled in an
approved apprenticeship program or in a technical school
program in the plumbing construction trade in a school
approved by the work force training and education coordinating board, may work without direct on-site supervision
during the last six months of meeting the practical experience requirements of this chapter.
(4) An individual who has a current training certificate
and who has successfully completed or is currently enrolled
in a medical gas piping installer training course approved by
the department may work on medical gas piping systems if
the individual is under the direct supervision of a certified
medical gas piping installer who holds a medical gas piping
installer endorsement one hundred percent of a working day
on a one-to-one ratio. [1997 c 326 § 6; 1985 c 465 § 1;
1983 c 124 § 3; 1977 ex.s. c 149 § 7; 1973 1st ex.s. c 175
§ 7.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.075 Medical gas piping installer endorsement. The department shall adopt requirements that qualify
a journeyman plumber to be issued a medical gas piping
installer endorsement. [1997 c 326 § 1.]
Effective date—1997 c 326: See note following RCW 18.106.010.
18.106.080 Persons engaged in plumbing business
or trade on effective date. No examination shall be
required of any applicant for a certificate of competency
who, on July 16, 1973, was engaged in a bona fide business
or trade of plumbing, or on said date held a valid journeyman plumber’s license issued by a political subdivision of
the state of Washington and whose license is valid at the
time of making his application for said certificate. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as
provided in RCW 18.106.030 and paying the fee required
under RCW 18.106.050: PROVIDED, That no applicant
(2002 Ed.)
Plumbers
under this section shall be required to furnish such evidence
as required by RCW 18.106.030. [1973 1st ex.s. c 175 § 8.]
18.106.090 Temporary permits. The department is
authorized to grant and issue temporary permits in lieu of
certificates of competency whenever a plumber coming into
the state of Washington from another state requests the
department for a temporary permit to engage in the trade of
plumbing as a journeyman plumber or as a specialty plumber
during the period of time between filing of an application for
a certificate as provided in RCW 18.106.030 as now or
hereafter amended and taking the examination provided for
in RCW 18.106.050: PROVIDED, That no temporary
permit shall be issued to:
(1) Any person who has failed to pass the examination
for a certificate of competency;
(2) Any applicant under this section who has not
furnished the department with such evidence required under
RCW 18.106.030;
(3) To any apprentice plumber. [1985 c 7 § 78; 1977
ex.s. c 149 § 8; 1973 1st ex.s. c 175 § 9.]
18.106.100 Revocation of certificate of competency—Grounds—Procedure. (1) The department may revoke
or suspend a certificate of competency for any of the
following reasons:
(a) The certificate was obtained through error or fraud;
(b) The certificate holder is judged to be incompetent to
carry on the trade of plumbing as a journeyman plumber or
specialty plumber;
(c) The certificate holder has violated any provision of
this chapter or any rule adopted under this chapter.
(2) Before a certificate of competency is revoked or
suspended, the department shall send written notice by
registered mail with return receipt requested to the certificate
holder’s last known address. The notice must list the
allegations against the certificate holder and give him or her
the opportunity to request a hearing before the advisory
board. At the hearing, the department and the certificate
holder have opportunity to produce witnesses and give
testimony. The hearing must be conducted in accordance
with chapter 34.05 RCW. The board shall render its
decision based upon the testimony and evidence presented
and shall notify the parties immediately upon reaching its
decision. A majority of the board is necessary to render a
decision.
(3) The department may deny renewal of a certificate of
competency issued under this chapter if the applicant owes
outstanding penalties for a final judgment under this chapter.
The department shall notify the applicant of the denial by
registered mail, return receipt requested, to the address on
the application. The applicant may appeal the denial within
twenty days by filing a notice of appeal with the department
accompanied by a certified check for two hundred dollars
which shall be returned to the applicant if the decision of the
department is not upheld by the hearings officer. The office
of administrative hearings shall conduct the hearing under
chapter 34.05 RCW. If the hearings officer sustains the
decision of the department, the two hundred dollars must be
applied to the cost of the hearing. [1996 c 147 § 3; 1977
ex.s. c 149 § 9; 1973 1st ex.s. c 175 § 10.]
(2002 Ed.)
18.106.080
18.106.110 Advisory board of plumbers. (1) There
is created a state advisory board of plumbers, to be composed of five members appointed by the governor. Two
members shall be journeyman plumbers, two members shall
be persons conducting a plumbing business, and one member
from the general public who is familiar with the business
and trade of plumbing.
(2) The term of one journeyman plumber expires July
1, 1995; the term of the second journeyman plumber expires
July 1, 2000; the term of one person conducting a plumbing
business expires July 1, 1996; the term of the second person
conducting a plumbing business expires July 1, 2000; and
the term of the public member expires July 1, 1997.
Thereafter, upon the expiration of said terms, the governor
shall appoint a new member to serve for a period of three
years. However, to ensure that the board can continue to
act, a member whose term expires shall continue to serve
until his or her replacement is appointed. In the case of any
vacancy on the board for any reason, the governor shall
appoint a new member to serve out the term of the person
whose position has become vacant.
(3) The advisory board shall carry out all the functions
and duties enumerated in this chapter, as well as generally
advise the department on all matters relative to this chapter.
(4) Each member of the advisory board shall receive
travel expenses in accordance with the provisions of RCW
43.03.050 and 43.03.060 as now existing or hereafter
amended for each day in which such member is actually
engaged in attendance upon the meetings of the advisory
board. [1997 c 307 § 1; 1995 c 95 § 1; 1975-’76 2nd ex.s.
c 34 § 56; 1973 1st ex.s. c 175 § 11.]
Effective date—1995 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 18, 1995]." [1995 c 95 § 2.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
18.106.125 Fees. The department shall charge fees for
issuance, renewal, and reinstatement of all certificates and
permits and for examinations required by this chapter. The
department shall set the fees by rule.
The fees shall cover the full cost of issuing the certificates and permits, devising and administering the examinations, and administering and enforcing this chapter. The
costs shall include travel, per diem, and administrative
support costs. [1983 c 124 § 17.]
18.106.130 Plumbing certificate fund. All moneys
received from certificates, permits, or other sources, shall be
paid to the state treasurer as ex officio custodian thereof and
by him placed in a special fund designated as the "plumbing
certificate fund". He shall pay out upon vouchers duly and
regularly issued therefor and approved by the director. The
treasurer shall keep an accurate record of payments into said
fund, and of all disbursement therefrom. Said fund shall be
charged with its pro rata share of the cost of administering
said fund. [1973 1st ex.s. c 175 § 13.]
18.106.140 Powers and duties of director. The
director may promulgate rules, make specific decisions,
orders, and rulings, including therein demands and findings,
[Title 18 RCW—page 277]
18.106.140
Title 18 RCW: Businesses and Professions
and take other necessary action for the implementation and
enforcement of his duties under this chapter: PROVIDED,
That in the administration of this chapter the director shall
not enter any controversy arising over work assignments
with respect to the trades involved in the construction
industry. [1973 1st ex.s. c 175 § 14.]
18.106.150 Exemptions. Nothing in this chapter shall
be construed to require that a person obtain a license or a
certified plumber in order to do plumbing work at his
residence or farm or place of business or on other property
owned by him. Any person performing plumbing work on
a farm may do so without having a current certificate of
competency or apprentice permit: PROVIDED, HOWEVER,
That nothing in this chapter shall be intended to derogate
from or dispense with the requirements of any valid plumbing code enacted by a political subdivision of the state,
except that no code shall require the holder of a certificate
of competency to demonstrate any additional proof of
competency or obtain any other license or pay any fee in
order to engage in the trade of plumbing: AND PROVIDED
FURTHER, That this chapter shall not apply to common
carriers subject to Part I of the Interstate Commerce Act, nor
to their officers and employees: AND PROVIDED FURTHER, That nothing in this chapter shall be construed to
apply to any farm, business, industrial plant, or corporation
doing plumbing work on premises it owns or operates:
AND PROVIDED FURTHER, That nothing in this chapter
shall be construed to restrict the right of any householder to
assist or receive assistance from a friend, neighbor, relative
or other person when none of the individuals doing such
plumbing hold themselves out as engaged in the trade or
business of plumbing. [1973 1st ex.s. c 175 § 15.]
18.106.155 Reciprocity. The director may, upon
payment of the appropriate fees, grant a certificate of
competency without examination to any applicant who is a
registered journeyman plumber or specialty plumber in any
other state whose requirements for registration are at least
substantially equivalent to the requirements of this state, and
which extends the same privileges of reciprocity to journeymen plumbers or specialty plumbers registered in this state.
[1977 ex.s. c 149 § 11.]
18.106.170 Violations—Investigations—Evidence of
compliance. An authorized representative of the department
may investigate alleged or apparent violations of this chapter.
An authorized representative of the department upon presentation of credentials may inspect sites at which a person is
doing plumbing work for the purpose of determining whether
that person has a certificate or permit issued by the department in accordance with this chapter or is supervised by a
person who has such a certificate or permit. Upon request
of the authorized representative of the department, a person
doing plumbing work shall produce evidence that the person
has a certificate or permit issued by the department in
accordance with this chapter or is supervised by a person
who has such a certificate or permit. [1983 c 124 § 6.]
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.180 Notice of infraction—Issuance, service.
(1) An authorized representative of the department may issue
a notice of infraction as specified in RCW 18.106.020 if:
(a) A person who is doing plumbing work or who is
offering to do plumbing work fails to produce evidence of:
(i) Having a certificate or permit issued by the department in accordance with this chapter, or being supervised by
a person who has such a certificate or permit; and
(ii) Being registered as a contractor as required under
chapter 18.27 RCW or this chapter, or being employed by a
person who is registered as a contractor;
(b) A person who employs anyone, or offers or advertises to employ anyone, to do plumbing work fails to produce
evidence of being registered as a contractor as required
under chapter 18.27 RCW or this chapter; or
(c) A contractor violates RCW 18.106.320.
(2) A notice of infraction issued under this section shall
be personally served on the person named in the notice by
an authorized representative of the department or sent by
certified mail to the last known address provided to the
department of the person named in the notice. [2002 c 82
§ 3; 2000 c 171 § 27; 1996 c 147 § 4; 1994 c 174 § 3; 1983
c 124 § 7.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.190 Notice—Contents. The form of the notice
of infraction issued under this chapter shall include the
following:
(1) A statement that the notice represents a determination that the infraction has been committed by the person
named in the notice and that the determination shall be final
unless contested as provided in this chapter;
(2) A statement that the infraction is a noncriminal
offense for which imprisonment shall not be imposed as a
sanction;
(3) A statement of the specific infraction for which the
notice was issued;
(4) A statement of the monetary penalty that has been
established for the infraction;
(5) A statement of the options provided in this chapter
for responding to the notice and the procedures necessary to
exercise these options;
(6) A statement that at any hearing to contest the
determination the state has the burden of proving, by a
preponderance of the evidence, that the infraction was
committed; and that the person may subpoena witnesses,
including the authorized representative of the department
who issued and served the notice of infraction;
(7) A statement, which the person shall sign, that the
person promises to respond to the notice of infraction in one
of the ways provided in this chapter;
(8) A statement that refusal to sign the infraction as
directed in subsection (7) of this section is a misdemeanor;
and
(9) A statement that failure to respond to a notice of
infraction as promised is a misdemeanor and may be
punished by a fine or imprisonment in jail. [1994 c 174 §
4; 1983 c 124 § 9.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
[Title 18 RCW—page 278]
(2002 Ed.)
Plumbers
18.106.200 Notice—Hearing—Contest—Notice of
appeal. A violation designated as an infraction under this
chapter shall be heard and determined by an administrative
law judge of the office of administrative hearings. If a party
desires to contest the notice of infraction, the party shall file
a notice of appeal with the department within twenty days of
issuance of the infraction. The administrative law judge
shall conduct hearings in these cases at locations in the
county where the infraction is alleged to have occurred.
[1996 c 147 § 5; 1994 c 174 § 5; 1983 c 124 § 8.]
18.106.200
18.106.240 Representation by attorney—
Department represented by attorney general. A person
subject to proceedings under this chapter may appear or be
represented by counsel. The department shall be represented
by the attorney general in any proceeding under this chapter.
[1983 c 124 § 12.]
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.220 Notice—Penalty payment—Filing answer
of protest—Failure to respond or appear. (1) A person
who receives a notice of infraction shall respond to the
notice as provided in this section within fourteen days of the
date the notice was served.
(2) If the person named in the notice of infraction does
not wish to contest the notice of infraction, the person shall
pay to the department, by check or money order, the amount
of the penalty prescribed for the infraction. When a response which does not contest the determination is received
by the department with the appropriate payment, the department shall make the appropriate entry in its records.
(3) If the person named in the notice of infraction
wishes to contest the notice of infraction, the person shall
respond by filing an answer of protest with the department
specifying the grounds of protest.
(4) If any person issued a notice of infraction:
(a) Fails to respond to the notice of infraction as
provided in subsection (2) of this section; or
(b) Fails to appear at a hearing requested pursuant to
subsection (3) of this section;
the administrative law judge shall enter an appropriate order
assessing the monetary penalty prescribed for the infraction
and shall notify the department of the failure to respond to
the notice of infraction or to appear at a requested hearing.
[1994 c 174 § 6; 1983 c 124 § 11.]
18.106.250 Infraction—Cases—Administrative
Procedure Act—Burden of proof—Order—Appeal. (1)
The administrative law judge shall conduct notice of infraction cases under this chapter pursuant to chapter 34.05 RCW.
(2) The burden of proof is on the department to establish the commission of the infraction by a preponderance of
the evidence. The notice of infraction shall be dismissed if
the defendant establishes that, at the time the notice was
issued:
(a) The defendant who was issued a notice of infraction
authorized by RCW 18.106.020(5)(a) had a certificate or
permit issued by the department in accordance with this
chapter, was supervised by a person who has such a certificate or permit, or was exempt from this chapter under RCW
18.106.150; or
(b) For the defendant who was issued a notice of
infraction authorized by RCW 18.106.020(5) (b) or (c), the
person employed or supervised by the defendant has a
certificate or permit issued by the department in accordance
with this chapter, was supervised by a person who had such
a certificate or permit, was exempt from this chapter under
RCW 18.106.150, or was registered as a contractor under
chapter 18.27 RCW.
(3) After consideration of the evidence and argument,
the administrative law judge shall determine whether the
infraction was committed. If it has not been established that
the infraction was committed, an order dismissing the notice
shall be entered in the record of the proceedings. If it has
been established that the infraction was committed, the
administrative law judge shall issue findings of fact and
conclusions of law in its decision and order determining
whether the infraction was committed.
(4) An appeal from the administrative law judge’s
determination or order shall be to the superior court. The
decision of the superior court is subject only to discretionary
review pursuant to Rule 2.3 of the Rules of Appellate
Procedure. [2002 c 82 § 4; 2000 c 171 § 28; 1994 c 174 §
7; 1983 c 124 § 13.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.230 Notice—Failure to respond—
Misdemeanor. It is a misdemeanor for any person who has
been personally served with a notice of infraction:
(1) To refuse to sign a written promise to respond to the
notice; or
(2) To wilfully violate the written promise to respond to
a notice of infraction as provided in this chapter, regardless
of the ultimate disposition of the infraction. [1983 c 124 §
14.]
18.106.270 Infraction—Monetary penalties—Rules.
(1) A person found to have committed an infraction under
RCW 18.106.020 shall be assessed a monetary penalty of
two hundred fifty dollars for the first infraction, and not
more than one thousand dollars for a second or subsequent
infraction. The department shall set by rule a schedule of
penalties for infractions imposed under this chapter.
(2) The administrative law judge may waive, reduce, or
suspend the monetary penalty imposed for the infraction for
good cause shown.
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.210 Notice—Determination infraction
committed. Unless contested in accordance with this
chapter, the notice of infraction represents a determination
that the person to whom the notice was issued committed the
infraction. [1983 c 124 § 10.]
Effective date—1983 c 124: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
(2002 Ed.)
[Title 18 RCW—page 279]
18.106.270
Title 18 RCW: Businesses and Professions
(3) Monetary penalties collected under this chapter shall
be deposited in the plumbing certificate fund. [1994 c 174
§ 8; 1983 c 124 § 16.]
Effective date—1994 c 174: See note following RCW 18.106.020.
Effective date—1983 c 124: See note following RCW 18.106.020.
18.106.280 Pilot project—Enforcement of chapter—
Reimbursement fee. The department of labor and industries
may establish one pilot project in which the department will
enter into an agreement with a city and the county within
which the city is located regarding compliance inspections
by the city or county to enforce this chapter. Under the
terms of the agreement, the city and county shall be permitted to submit declarations of noncompliance to the department for the department’s enforcement under RCW
18.106.180, with reimbursement to the city or county at an
established fee. The pilot project shall be located in eastern
Washington. [1995 c 294 § 1; 1994 c 174 § 1.]
Effective date—1994 c 174: See note following RCW 18.106.020.
18.106.290 Certificate or permit suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate or permit of
any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s certificate or permit shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
certification or permits during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of
any reinstatement fee the director may impose. [1996 c 293
§ 17.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.106.300 Certificate suspension—Noncompliance
with support order—Reissuance. The department shall
immediately suspend any certificate of competency issued
under this chapter if the holder of the certificate has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for certification during the suspension, reissuance of
the certificate of competency shall be automatic upon the
department’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 829.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
[Title 18 RCW—page 280]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.106.310 Backflow assembly testers—Specialty
plumber’s certificate of competency. (1) Those actively
certified by the department of health on or before July 1,
2001, as backflow assembly testers and registered as a
contractor under chapter 18.27 RCW or employed by a
registered contractor, may perform maintenance and repair
of backflow prevention assemblies, without being a certified
plumber under this chapter, until January 1, 2003. For the
purposes of this section, "maintenance and repair" include
cleaning and replacing internal parts of an assembly, but do
not include installing or replacing backflow prevention
assemblies.
(2) After January 1, 2003, backflow assembly testers
exempted under subsection (1) of this section are required to
meet the eligibility requirements for a specialty plumber’s
certificate of competency under RCW 18.106.040(1)(c).
[2001 c 281 § 3.]
18.106.320 Contractor’s duties—Records audit—
Department’s rule-making authority—Penalty. (1)
Contractors shall accurately verify and attest to the trainee
hours worked by plumbing trainees on behalf of the contractor and that all training hours were under the supervision of
a certified plumber and within the proper ratio, and shall
provide the supervising plumbers’ names and certificate
numbers. However, contractors are not required to identify
which hours a trainee works with a specific certified plumber.
(2) The department may audit the records of a contractor that has verified the hours of experience submitted by a
plumbing trainee to the department under RCW 18.106.030
in the following circumstances: Excessive hours were
reported; hours were reported outside the normal course of
the contractor’s business; or for other similar circumstances
in which the department demonstrates a likelihood of
excessive or improper hours being reported. The department
shall limit the audit to records necessary to verify hours.
The department shall adopt rules implementing audit
procedures. Information obtained from a contractor under
the provisions of this section is confidential and is not open
to public inspection under chapter 42.17 RCW.
(3) Violation of this section by a contractor is an infraction. [2002 c 82 § 5.]
Chapter 18.108
MASSAGE PRACTITIONERS
Sections
18.108.005
18.108.010
18.108.020
18.108.025
18.108.030
18.108.040
18.108.050
Intent—Health care insurance not affected.
Definitions.
Board of massage—Generally.
Board powers and duties.
License required.
Advertising massage by unlicensed person unlawful.
Exemptions.
(2002 Ed.)
Massage Practitioners
18.108.060 Applicant—License holder—Compliance with procedures,
requirements, fees.
18.108.070 Qualifications for license.
18.108.073 Examination.
18.108.076 Application of uniform disciplinary act.
18.108.085 Powers and duties of secretary—Uniform Disciplinary Act—
License revocation—Reinstatement.
18.108.095 Out-of-state applicants.
18.108.100 Provisions relating to licensing of persons nonexclusive.
18.108.115 Persons licensed under prior law.
18.108.130 Exemptions.
18.108.190 Inspection of premises by law enforcement personnel.
18.108.210 Provisions relating to licensing of massage businesses nonexclusive—Authority of local political subdivisions.
18.108.220 Federal classification.
18.108.230 Animal massage practitioner—Endorsement—Training requirements—Rules.
18.108.240 Chapter 277, Laws of 2002—Review/regulatory changes.
18.108.900 Severability—1975 1st ex.s. c 280.
18.108.901 Severability—1987 c 443.
18.108.902 Savings—1987 c 443.
Authority to regulate massage practitioners—Limitations: RCW 35.21.692,
35A.82.025, and 36.32.122.
Chapter 18.108
Findings—Intent—2001 c 297: "The legislature finds that massage
therapists have contributed significantly to the welfare of humans. The
legislature also finds that massage therapists can have a significant positive
impact on the well-being of animals, especially in the equine industry.
It is the legislature’s intent to have the Washington state board of
massage adopt rules under their current authority providing for an endorsement for currently licensed massage practitioners to perform animal massage
upon completion of certain training courses." [2001 c 297 § 1.]
18.108.005 Intent—Health care insurance not
affected. The legislature finds it necessary to license the
practice of massage and massage therapy in order to protect
the public health and safety. It is the legislature’s intent that
only individuals who meet and maintain minimum standards
of competence and conduct may provide services to the
public. This chapter shall not be construed to require or
prohibit individual or group policies or contracts of an
insurance carrier, health care service contractor, or health
maintenance organization from providing benefits or coverage for services and supplies provided by a person licensed
under this chapter. [1997 c 297 § 1; 1987 c 443 § 1.]
18.108.010 Definitions. In this chapter, unless the
context otherwise requires, the following meanings shall
apply:
(1) "Board" means the Washington state board of
massage.
(2) "Massage" and "massage therapy" mean a health
care service involving the external manipulation or pressure
of soft tissue for therapeutic purposes. Massage therapy
includes techniques such as tapping, compressions, friction,
Swedish gymnastics or movements, gliding, kneading,
shaking, and fascial or connective tissue stretching, with or
without the aids of superficial heat, cold, water, lubricants,
or salts. Massage therapy does not include diagnosis or
attempts to adjust or manipulate any articulations of the body
or spine or mobilization of these articulations by the use of
a thrusting force, nor does it include genital manipulation.
(3) "Massage practitioner" means an individual licensed
under this chapter.
(4) "Secretary" means the secretary of health or the
secretary’s designee.
(5) "Massage business" means the operation of a
business where massages are given.
(6) "Animal massage practitioner" means an individual
with a license to practice massage therapy in this state with
additional training in animal therapy. [2002 c 277 § 1; 2001
c 297 § 2; 1997 c 297 § 2; 1991 c 3 § 252; 1987 c 443 § 2;
1979 c 158 § 74; 1975 1st ex.s. c 280 § 1.]
18.108.020 Board of massage—Generally. The
Washington state board of massage is hereby created. The
board shall consist of four members who shall be appointed
by the governor for a term of four years each. Members
shall be residents of this state and shall have not less than
three years experience in the practice of massage immediately preceding their appointment and shall be licensed under
this chapter and actively engaged in the practice of massage
during their incumbency.
In addition to the members specified in this section, the
governor shall appoint a consumer member of the board,
who shall serve for a term of four years. The consumer
member of the board shall be an individual who does not
derive his or her livelihood by providing health care services
or massage therapy and is not a licensed health professional.
The consumer member shall not be an employee of the state
nor a present or former member of another licensing board.
In the event that a member cannot complete his or her
term of office, another appointment shall be made by the
governor in accordance with the procedures stated in this
section to fill the remainder of the term. No member may
serve more than two successive terms whether full or partial.
The governor may remove any member of the board for
neglect of duty, incompetence, or unprofessional or disorderly conduct as determined under chapter 18.130 RCW.
Each member of the board shall be compensated in
accordance with RCW 43.03.240. Members shall be
reimbursed for travel expenses incurred in the actual performance of their duties, as provided in RCW 43.03.050 and
43.03.060.
The board may annually elect a chairperson to direct the
meetings of the board. The board shall meet as called by
the chairperson or the secretary. Three members of the
board shall constitute a quorum of the board. [1991 c 3 §
253; 1987 c 443 § 9. Prior: 1984 c 287 § 53; 1984 c 279
§ 56; 1975-’76 2nd ex.s. c 34 § 57; 1975 1st ex.s. c 280 §
2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1984 c 279: See RCW 18.130.901.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
(2002 Ed.)
18.108.025 Board powers and duties. In addition to
any other authority provided by law, the board may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter, subject to the approval
of the secretary;
(2) Define, evaluate, approve, and designate those
schools, programs, and apprenticeship programs including all
current and proposed curriculum, faculty, and health,
sanitation, and facility standards from which graduation will
be accepted as proof of an applicant’s eligibility to take the
licensing examination;
[Title 18 RCW—page 281]
18.108.025
Title 18 RCW: Businesses and Professions
(3) Review approved schools and programs periodically;
(4) Prepare, grade, administer, and supervise the grading
and administration of, examinations for applicants for
licensure; and
(5) Determine which states have educational and
licensing requirements equivalent to those of this state.
The board shall establish by rule the standards and
procedures for approving courses of study and may contract
with individuals or organizations having expertise in the
profession or in education to assist in evaluating courses of
study. The standards and procedures set shall apply equally
to schools and training within the United States of America
and those in foreign jurisdictions. [1991 c 3 § 254; 1987 c
443 § 10.]
18.108.030 License required. (1) No person may
practice or represent himself or herself as a massage practitioner without first applying for and receiving from the
department a license to practice.
(2) A person represents himself or herself as a massage
practitioner when the person adopts or uses any title or any
description of services that incorporates one or more of the
following terms or designations: Massage, massage practitioner, massage therapist, massage therapy, therapeutic
massage, massage technician, massage technology, massagist,
masseur, masseuse, myotherapist or myotherapy, touch
therapist, reflexologist, acupressurist, body therapy or body
therapist, or any derivation of those terms that implies a
massage technique or method. [1995 c 198 § 15; 1987 c
443 § 3; 1975 1st ex.s. c 280 § 3.]
18.108.040 Advertising massage by unlicensed
person unlawful. It shall be unlawful to advertise the
practice of massage using the term massage or any other
term that implies a massage technique or method in any
public or private publication or communication by a person
not licensed by the secretary as a massage practitioner or
without printing in display advertisement the license number
of the massage practitioner. Any person who holds a license
to practice as a massage practitioner in this state may use the
title "licensed massage practitioner" and the abbreviation
"L.M.P.". No other persons may assume such title or use
such abbreviation or any other word, letters, signs, or figures
to indicate that the person using the title is a licensed
massage practitioner. [1995 c 353 § 1; 1991 c 3 § 255;
1987 c 443 § 4; 1975 1st ex.s. c 280 § 4.]
18.108.050 Exemptions. This chapter does not apply
to:
(1) An individual giving massage to members of his or
her immediate family;
(2) The practice of a profession by individuals who are
licensed, certified, or registered under other laws of this state
and who are performing services within their authorized
scope of practice;
(3) Massage practiced at the athletic department of any
institution maintained by the public funds of the state, or any
of its political subdivisions;
(4) Massage practiced at the athletic department of any
school or college approved by the department by rule using
recognized national professional standards;
[Title 18 RCW—page 282]
(5) Students enrolled in an approved massage school,
approved program, or approved apprenticeship program,
practicing massage techniques, incidental to the massage
school or program and supervised by the approved school or
program. Students must identify themselves as a student
when performing massage services on members of the
public. Students may not be compensated for the massage
services they provide;
(6) Individuals who have completed a somatic education
training program approved by the secretary;
(7) Persons who limit their practice to reflexology. For
purposes of this chapter, the practice of reflexology is
limited to the hands, feet, and outer ears. The services
provided by those who limit their practice to reflexology are
not designated or implied to be massage or massage therapy.
[2002 c 277 § 2; 1997 c 297 § 3; 1995 c 198 § 16; 1987 c
443 § 5; 1975 1st ex.s. c 280 § 5.]
Exemptions: RCW 18.108.130.
18.108.060 Applicant—License holder—Compliance
with procedures, requirements, fees. Each applicant and
license holder shall comply with administrative procedures,
administrative requirements, and fees set by the secretary
under RCW 43.70.250 and 43.70.280. [1996 c 191 § 81;
1991 c 3 § 256; 1987 c 443 § 6; 1985 c 7 § 79; 1975 1st
ex.s. c 280 § 6.]
18.108.070 Qualifications for license. The secretary
shall issue a massage practitioner’s license to an applicant
who demonstrates to the secretary’s satisfaction that the
following requirements have been met:
(1) Effective June 1, 1988, successful completion of a
course of study in an approved massage program or approved apprenticeship program;
(2) Successful completion of an examination administered or approved by the board; and
(3) Be eighteen years of age or older.
In addition, applicants shall be subject to the grounds
for denial or issuance of a conditional license under chapter
18.130 RCW.
The secretary may require any information and documentation that reasonably relates to the need to determine
whether the applicant meets the criteria for licensure provided for in this chapter and chapter 18.130 RCW. The
secretary shall establish by rule what constitutes adequate
proof of meeting the criteria. The board shall give an
appropriate alternate form of examination for persons who
cannot read or speak English to determine equivalent
competency. [1991 c 3 § 257; 1987 c 443 § 7; 1975 1st
ex.s. c 280 § 7.]
18.108.073 Examination. (1) The date and location
of the examination shall be established by the secretary.
Applicants who demonstrate to the secretary’s satisfaction
that the following requirements have been met shall be
scheduled for the next examination following the filing of
the application:
(a) Effective June 1, 1988, successful completion of a
course of study in an approved massage program; or
(b) Effective June 1, 1988, successful completion of an
apprenticeship program established by the board; and
(2002 Ed.)
Massage Practitioners
(c) Be eighteen years of age or older.
In addition, the secretary shall establish a deadline for
receipt of completed and approved applications.
(2) The board or its designee shall examine each
applicant in a written examination determined most effective
on subjects appropriate to the massage scope of practice.
The subjects may include anatomy, kinesiology, physiology,
pathology, principles of human behavior, massage theory and
practice, hydrotherapy, hygiene, first aid, Washington law
pertaining to the practice of massage, and such other subjects
as the board may deem useful to test applicant’s fitness to
practice massage therapy. Such examinations shall be
limited in purpose to determining whether the applicant
possesses the minimum skill and knowledge necessary to
practice competently.
(3) All records of a candidate’s performance shall be
preserved for a period of not less than one year after the
board has made and published decisions thereupon. All
examinations shall be conducted by the board under fair and
impartial methods as determined by the secretary.
(4) An applicant who fails to make the required grade
in the first examination is entitled to take up to two additional examinations upon the payment of a fee for each subsequent examination determined by the secretary as provided
in RCW 43.70.250. Upon failure of three examinations, the
secretary may invalidate the original application and require
such remedial education as is required by the board before
admission to future examinations.
(5) The board may approve an examination prepared or
administered, or both, by a private testing agency or association of licensing boards for use by an applicant in meeting
the licensing requirement. [1995 c 198 § 17; 1991 c 3 §
258; 1987 c 443 § 8.]
18.108.076 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unlicensed practice, the issuance and denial of licenses, and
the discipline of licensees under this chapter. [1987 c 150
§ 60; 1986 c 259 § 146.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.108.085 Powers and duties of secretary—
Uniform Disciplinary Act—License revocation—
Reinstatement. (1) In addition to any other authority
provided by law, the secretary may:
(a) Adopt rules, in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(b) Set all license, examination, and renewal fees in
accordance with RCW 43.70.250;
(c) Establish forms and procedures necessary to administer this chapter;
(d) Issue a license to any applicant who has met the
education, training, and examination requirements for
licensure; and
(e) Hire clerical, administrative, and investigative staff
as necessary to implement this chapter, and hire individuals
licensed under this chapter to serve as examiners for any
practical examinations.
(2) The Uniform Disciplinary Act, chapter 18.130 RCW,
governs the issuance and denial of licenses and the disciplin(2002 Ed.)
18.108.073
ing of persons under this chapter. The secretary shall be the
disciplining authority under this chapter.
(3) Any license issued under this chapter to a person
who is or has been convicted of violating RCW 9A.88.030,
9A.88.070, 9A.88.080, or 9A.88.090 or equivalent local
ordinances shall automatically be revoked by the secretary
upon receipt of a certified copy of the court documents
reflecting such conviction. No further hearing or procedure
is required, and the secretary has no discretion with regard
to the revocation of the license. The revocation shall be
effective even though such conviction may be under appeal,
or the time period for such appeal has not elapsed. However, upon presentation of a final appellate decision overturning
such conviction, the license shall be reinstated, unless
grounds for disciplinary action have been found under
chapter 18.130 RCW. No license may be granted under this
chapter to any person who has been convicted of violating
RCW 9A.88.030, 9A.88.070, 9A.88.080, or 9A.88.090 or
equivalent local ordinances within the eight years immediately preceding the date of application. For purposes of this
subsection, "convicted" does not include a conviction that
has been the subject of a pardon, annulment, or other
equivalent procedure based on a finding of innocence, but
does include convictions for offenses for which the defendant received a deferred or suspended sentence, unless the
record has been expunged according to law.
(4) The secretary shall keep an official record of all
proceedings under this chapter, a part of which record shall
consist of a register of all applicants for licensure under this
chapter, with the result of each application. [1996 c 154 §
1; 1995 c 353 § 2; 1991 c 3 § 259; 1987 c 443 § 11.]
18.108.095 Out-of-state applicants. An applicant
holding a license in another state or foreign jurisdiction may
be granted a Washington license without examination, if, in
the opinion of the board, the other state’s or foreign
jurisdiction’s examination and educational requirements are
substantially equivalent to Washington’s: PROVIDED, That
the applicant demonstrates to the satisfaction of the board a
working knowledge of Washington law pertaining to the
practice of massage. The applicant shall provide proof in a
manner approved by the department that the examination and
requirements are equivalent to Washington’s. [1987 c 443
§ 12.]
Effective date—1987 c 443 § 12: "Section 12 of this act shall take
effect June 1, 1988." [1987 c 443 § 19.]
18.108.100 Provisions relating to licensing of
persons nonexclusive. The provisions of this chapter
relating to the licensing of any person shall not be exclusive,
and any political subdivision of the state of Washington
within whose jurisdiction the practice of massage is performed may require additional registrations or licenses,
regulating the practice of massage or massage operators, and
charge any fee for the same or similar purpose. [1975 1st
ex.s. c 280 § 11.]
18.108.115 Persons licensed under prior law. Any
person holding a valid license to practice massage issued by
authority of the state on July 26, 1987, shall continue to be
[Title 18 RCW—page 283]
18.108.115
Title 18 RCW: Businesses and Professions
licensed as a massage practitioner under the provisions of
this chapter. [1987 c 443 § 13.]
18.108.130 Exemptions. This chapter does not apply
to:
(1) Massage practiced at the athletic department of any
institution maintained by the public funds of the state, or any
of its political subdivisions;
(2) Massage practiced at the athletic department of any
primary or secondary school, or institution of higher education; and
(3) Massage practiced at the athletic department of any
nonprofit organization licensed under RCW 66.24.400 and
66.24.450. [1975 1st ex.s. c 280 § 14.]
Exemptions: RCW 18.108.050.
18.108.190 Inspection of premises by law enforcement personnel. State and local law enforcement personnel
shall have the authority to inspect the premises at any time
including business hours. [1975 1st ex.s. c 280 § 20.]
18.108.210 Provisions relating to licensing of
massage businesses nonexclusive—Authority of local
political subdivisions. The provisions of this chapter
relating to the registration and licensing of any massage
business shall not be exclusive and any political subdivision
of the state of Washington within whose jurisdiction the
massage business is located may require any registrations or
licenses, or charge any fee for the same or similar purpose;
and nothing herein shall limit or abridge the authority of any
political subdivision to levy and collect a general and
nondiscriminatory license fee levied upon all businesses, or
to levy a tax based upon gross business conducted by any
firm within said political subdivision. [1975 1st ex.s. c 280
§ 22.]
18.108.220 Federal classification. For the purposes
of this chapter, licensed massage practitioners shall be
classified as "offices and clinics of health practitioners, not
elsewhere classified" under section 8049 of the standard
industrial classification manual published by the executive
office of the president, office of management and budget.
[1994 c 228 § 1.]
(3) Massage therapy of animals does not include
diagnosis, prognosis, or all treatment of diseases, deformities,
defects, wounds, or injuries of animals. For the purposes of
this section, massage for therapeutic purposes may be
performed solely for purposes of patient well-being.
(4) A person licensed and endorsed under this section
may hold themselves out as an animal massage practitioner.
(5) The board may adopt rules to implement this section
upon consultation with the Washington state veterinary board
of governors and licensed massage practitioners with training
in animal massage. [2001 c 297 § 3.]
Findings—Intent—2001 c 297: See note following RCW
18.108.010.
18.108.240
Chapter 277, Laws of 2002—
Review/regulatory changes. The department of health shall
review the implementation of chapter 277, Laws of 2002 and
make recommendations to the legislature by December 1,
2005, regarding regulatory changes to chapter 277, Laws of
2002. [2002 c 277 § 3.]
18.108.900 Severability—1975 1st ex.s. c 280. If any
provision of this 1975 act is declared unconstitutional or the
applicability thereof to any person or circumstance is held
invalid, the constitutionality of the remainder of this 1975 act
and the applicability thereof to other persons and circumstances shall not be affected thereby. [1975 1st ex.s. c 280
§ 23.]
18.108.901 Severability—1987 c 443. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 443 § 18.]
18.108.902 Savings—1987 c 443. This chapter shall
not be construed as affecting any existing right acquired or
liability or obligations incurred under the sections amended
or repealed in this chapter or under any rule, regulation, or
order adopted under those sections, nor as affecting any
proceeding instituted under those sections. [1987 c 443 §
14.]
Effective date—1994 c 228: "This act shall take effect July 1, 1994."
[1994 c 228 § 3.]
18.108.230 Animal massage practitioner—
Endorsement—Training requirements—Rules. (1) A
massage practitioner licensed under this chapter may apply
for an endorsement as a small or large animal massage
practitioner upon completion of one hundred hours of
training in either large or small animal massage. Training
must include animal massage techniques, kinesiology,
anatomy, physiology, first aid care, and proper handling
techniques.
(2) An applicant who applies for an endorsement within
the first year following July 22, 2001, may submit documentation of a minimum of fifty hours of training with up to
fifty hours of practical experience or continuing education,
or a combination thereof, to fulfill the requirements of this
section.
[Title 18 RCW—page 284]
Chapter 18.110
ART DEALERS—ARTISTS
Sections
18.110.010
18.110.020
18.110.030
18.110.040
18.110.900
18.110.905
Definitions.
Rights—Duties—Liabilities.
Contract required—Provisions.
Violations—Penalties—Attorney fees.
Application of chapter.
Construction—Chapter supersedes Title 62A RCW.
18.110.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Art dealer" means a person, partnership, firm,
association, or corporation, other than a public auctioneer,
which undertakes to sell a work of fine art created by
another.
(2002 Ed.)
Art Dealers—Artists
(2) "Artist" means the creator of a work of fine art.
(3) "On consignment" means delivered to an art dealer
for the purpose of sale or exhibition, or both, to the public
by the art dealer other than at a public auction.
(4) "Work of fine art" means an original art work which
is:
(a) A visual rendition including a painting, drawing,
sculpture, mosaic, or photograph;
(b) A work of calligraphy;
(c) A work of graphic art including an etching, lithograph, offset print, or silk screen;
(d) A craft work in materials including clay, textile,
fiber, wood, metal, plastic, or glass; or
(e) A work in mixed media including a collage or a
work consisting of any combination of works included in
this subsection. [1981 c 33 § 1.]
18.110.020 Rights—Duties—Liabilities. If an art
dealer accepts a work of fine art on a fee, commission, or
other compensation basis, on consignment from the artist:
(1) The art dealer is, with respect to that work of fine
art, the agent of the artist.
(2) The work of fine art is trust property and the art
dealer is trustee for the benefit of the artist until the work of
fine art is sold to a bona fide third party.
(3) The proceeds of the sale of the work of fine art are
trust property and the art dealer is trustee for the benefit of
the artist until the amount due the artist from the sale is
paid. These trust funds shall be paid to the artist within
thirty days of receipt by the art dealer unless the parties
expressly agree otherwise in writing. If the sale of the work
of fine art is on installment, the funds from the installment
shall first be applied to pay any balance due the artist on the
sale, unless the artist expressly agrees in writing that the
proceeds on each installment shall be paid according to a
percentage established by the consignment agreement.
(4) The art dealer is strictly liable for the loss of or
damage to the work of fine art while it is in the art dealer’s
possession. For the purpose of this subsection the value of
the work of fine art is the value established in a written
agreement between the artist and art dealer prior to the loss
or damage or, if no written agreement regarding the value of
the work of fine art exists, the fair market value of the work
of fine art.
A work of fine art which is trust property when initially
accepted by the art dealer remains trust property notwithstanding the subsequent purchase of the work of fine art by
the art dealer directly or indirectly for the art dealer’s own
account until the purchase price is paid in full to the artist.
No property which is trust property under this section is
subject to the claims, liens, or security interests of the
creditors of the art dealer. [1981 c 33 § 2.]
18.110.030 Contract required—Provisions. (1) An
art dealer may accept a work of fine art on a fee, commission, or other compensation basis, on consignment from the
artist only if prior to or at the time of acceptance the art
dealer enters into a written contract with the artist which
states:
(a) The value of the work of fine art;
(2002 Ed.)
18.110.010
(b) The minimum price for the sale of the work of fine
art; and
(c) The fee, commission, or other compensation basis of
the art dealer.
(2) An art dealer who accepts a work of fine art on a
fee, commission, or other compensation basis, on consignment from the artist may use or display the work of fine art
or a photograph of the work of fine art or permit the use or
display of the work or photograph only if:
(a) Notice is given to users or viewers that the work of
fine art is the work of the artist; and
(b) The artist gives prior written consent to the particular use or display.
(3) Any portion of a contract which waives any provision of this chapter is void. [1981 c 33 § 3.]
18.110.040 Violations—Penalties—Attorney fees.
An art dealer violating RCW 18.110.030 is liable to the artist
for fifty dollars plus actual damages, including incidental and
consequential damages, sustained as a result of the violation.
If an art dealer violates RCW 18.110.030, the artist’s
obligation for compensation to the art dealer is voidable. In
an action under this section the court may, in its discretion,
award the artist reasonable attorney’s fees. [1981 c 33 § 4.]
18.110.900 Application of chapter. This chapter
applies to any work of fine art accepted on consignment on
or after July 26, 1981. If a work of fine art is accepted on
consignment on or after July 26, 1981 under a contract made
before that date, this section applies only to the extent that
it does not conflict with the contract. [1981 c 33 § 5.]
18.110.905 Construction—Chapter supersedes Title
62A RCW. See RCW 62A.1-110.
Chapter 18.118
REGULATION OF BUSINESS PROFESSIONS
Sections
18.118.005
18.118.010
18.118.020
18.118.030
18.118.040
Legislative findings—Intent.
Purpose—Intent.
Definitions.
Applicants for regulation—Information.
Applicants for regulation—Written report—Recommendation
of department of licensing.
18.118.900 Severability—1987 c 514.
18.118.005 Legislative findings—Intent. The
legislature recognizes the value of an analytical review,
removed from the political process, of proposals for increased regulation of real estate and other business professions which the legislature already regulates, as well as of
proposals for regulation of professions not currently regulated. The legislature further finds that policies and standards
set out for regulation of the health professions in chapter
18.120 RCW have equal applicability to other professions.
To further the goal of governmental regulation only as
necessary to protect the public interest and to promote
economic development through employment, the legislature
expands the scope of chapter 18.120 RCW to apply to
business professions. The legislature intends that the
[Title 18 RCW—page 285]
18.118.005
Title 18 RCW: Businesses and Professions
reviews of proposed business profession regulation be
conducted by the department of licensing’s policy and
research rather than regulatory staff and that the reviews be
conducted and recommendations made in an impartial
manner. Further, the legislature intends that the department
of licensing provide sufficient staffing to conduct the
reviews. [1987 c 514 § 3.]
18.118.010 Purpose—Intent. (1) The purpose of this
chapter is to establish guidelines for the regulation of the
real estate profession and other business professions which
may seek legislation to substantially increase their scope of
practice or the level of regulation of the profession, and for
the regulation of business professions not licensed or
regulated on July 26, 1987: PROVIDED, That the provisions of this chapter are not intended and shall not be
construed to: (a) Apply to any regulatory entity created
prior to July 26, 1987, except as provided in this chapter; (b)
affect the powers and responsibilities of the superintendent
of public instruction or state board of education under RCW
28A.305.130 and 28A.410.010; (c) apply to or interfere in
any way with the practice of religion or to any kind of
treatment by prayer; (d) apply to any remedial or technical
amendments to any statutes which licensed or regulated
activity before July 26, 1987; and (e) apply to proposals
relating solely to continuing education. The legislature
believes that all individuals should be permitted to enter into
a business profession unless there is an overwhelming need
for the state to protect the interests of the public by restricting entry into the profession. Where such a need is identified, the regulation adopted by the state should be set at the
least restrictive level consistent with the public interest to be
protected.
(2) It is the intent of this chapter that no regulation shall
be imposed upon any business profession except for the
exclusive purpose of protecting the public interest. All bills
introduced in the legislature to regulate a business profession
for the first time should be reviewed according to the
following criteria. A business profession should be regulated
by the state only when:
(a) Unregulated practice can clearly harm or endanger
the health, safety, or welfare of the public, and the potential
for the harm is easily recognizable and not remote or
dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to
benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other
means in a more cost-beneficial manner.
(3) After evaluating the criteria in subsection (2) of this
section and considering governmental and societal costs and
benefits, if the legislature finds that it is necessary to
regulate a business profession not previously regulated by
law, the least restrictive alternative method of regulation
should be implemented, consistent with the public interest
and this section:
(a) Where existing common law and statutory civil
actions and criminal prohibitions are not sufficient to
eradicate existing harm, the regulation should provide for
stricter civil actions and criminal prosecutions;
[Title 18 RCW—page 286]
(b) Where a service is being performed for individuals
involving a hazard to the public health, safety, or welfare,
the regulation should impose inspection requirements and
enable an appropriate state agency to enforce violations by
injunctive relief in court, including, but not limited to,
regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or
economic well-being is relatively small as a result of the
operation of the business profession, the regulation should
implement a system of registration;
(d) Where the consumer may have a substantial basis
for relying on the services of a practitioner, the regulation
should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be
achieved by means other than licensing, the regulation
should implement a system of licensing. [1990 c 33 § 553;
1987 c 514 § 4.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
18.118.020 Definitions. The definitions contained in
this section shall apply throughout this chapter unless the
context clearly requires otherwise.
(1) "Applicant group" includes any business professional
group or organization, any individual, or any other interested
party which proposes that any business professional group
not presently regulated be regulated or which proposes
legislation to substantially increase the scope of practice or
the level of regulation of the profession.
(2) "Business professions" means those business
occupations or professions which are not health professions
under chapter 18.120 RCW and includes, in addition to real
estate brokers and salespersons under chapter 18.85 RCW,
the following professions and occupations: Accountancy
under chapter 18.04 RCW; architects under chapter 18.08
RCW; auctioneering under chapter 18.11 RCW; cosmetologists, barbers, and manicurists under chapter 18.16 RCW;
contractors under chapter 18.27 RCW; debt adjusting under
chapter 18.28 RCW; engineers and surveyors under chapter
18.43 RCW; escrow agents under chapter 18.44 RCW;
landscape architects under chapter 18.96 RCW; water well
construction under chapter 18.104 RCW; plumbers under
chapter 18.106 RCW; and art dealers under chapter 18.110
RCW.
(3) "Certificate" and "certification" mean a voluntary
process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite
qualifications specified by that regulatory entity, and (b) may
assume or use "certified" in the title or designation to
perform prescribed professional tasks.
(4) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the
regulated profession prior to the effective date of the
regulatory statute which exempts the practitioners from
meeting the prerequisite qualifications set forth in the
regulatory statute to perform prescribed occupational tasks.
(5) "Inspection" means the periodic examination of
practitioners by a state agency in order to ascertain whether
the practitioners’ occupation is being carried out in a fashion
consistent with the public health, safety, and welfare.
(2002 Ed.)
Regulation of Business Professions
(6) "Legislative committees of reference" means the
standing legislative committees designated by the respective
rules committees of the senate and house of representatives
to consider proposed legislation to regulate business professions not previously regulated.
(7) "License", "licensing", and "licensure" mean permission to engage in a business profession which would
otherwise be unlawful in the state in the absence of the
permission. A license is granted to those individuals who
meet prerequisite qualifications to perform prescribed
professional tasks and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on an activity based on
qualifications which include: (a) Graduation from an
accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has
achieved knowledge and skill by practice, and (b) is actively
engaged in a specified business profession.
(10) "Public member" means an individual who is not,
and never was, a member of the business profession being
regulated or the spouse of a member, or an individual who
does not have and never has had a material financial interest
in either the rendering of the business professional service
being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which,
prior to rendering services, a practitioner shall submit to a
state agency setting forth the name and address of the
practitioner; the location, nature and operation of the
business activity to be practiced; and, if required by the
regulatory entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission,
agency, division, or other unit or subunit of state government
which regulates one or more professions, occupations,
industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of
the state, and, where provided by law, programs and activities involving less than the full responsibility of a state
agency. [1987 c 514 § 5.]
18.118.030 Applicants for regulation—Information.
After July 26, 1987, if appropriate, applicant groups shall
explain each of the following factors to the extent requested
by the legislative committees of reference:
(1) A definition of the problem and why regulation is
necessary:
(a) The nature of the potential harm to the public if the
business profession is not regulated, and the extent to which
there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit
from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in
the profession; and
(c) The extent of autonomy a practitioner has, as
indicated by:
(i) The extent to which the profession calls for independent judgment and the extent of skill or experience required
in making the independent judgment; and
(2002 Ed.)
18.118.020
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between practitioners and
consumers; and
(b) Recourse to and the extent of use of applicable law
and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners
rather than employee practitioners;
(b) Regulation of the program or service rather than the
individual practitioners;
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
(f) Why the use of the alternatives specified in this
subsection would not be adequate to protect the public
interest; and
(g) Why licensing would serve to protect the public
interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific
problems present in the unregulated profession can reasonably be expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that
qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a
board composed of members of the profession and public
members, or a state agency, or both, and, if appropriate, their
respective responsibilities in administering the system of
registration, certification, or licensure, including the composition of the board and the number of public members, if any;
the powers and duties of the board or state agency regarding
examinations and for cause revocation, suspension, and
nonrenewal of registrations, certificates, or licenses; the
promulgation of rules and canons of ethics; the conduct of
inspections; the receipt of complaints and disciplinary action
taken against practitioners; and how fees would be levied
and collected to cover the expenses of administering and
operating the regulatory system;
(ii) If there is a grandfather clause, whether such
practitioners will be required to meet the prerequisite
qualifications established by the regulatory entity at a later
date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized
to enter into reciprocity agreements with other jurisdictions;
and
(v) The nature and duration of any training including,
but not limited to, whether the training includes a substantial
amount of supervised field experience; whether training
programs exist in this state; if there will be an experience
requirement; whether the experience must be acquired under
a registered, certificated, or licensed practitioner; whether
there are alternative routes of entry or methods of meeting
the prerequisite qualifications; whether all applicants will be
[Title 18 RCW—page 287]
18.118.030
Title 18 RCW: Businesses and Professions
required to pass an examination; and, if an examination is
required, by whom it will be developed and how the costs of
development will be met;
(d) Assurance of the public that practitioners have
maintained their competence:
(i) Whether the registration, certification, or licensure
will carry an expiration date; and
(ii) Whether renewal will be based only upon payment
of a fee, or whether renewal will involve reexamination, peer
review, or other enforcement;
(5) The extent to which regulation might harm the
public:
(a) The extent to which regulation will restrict entry into
the profession:
(i) Whether the proposed standards are more restrictive
than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered,
certificated, or licensed practitioners in other jurisdictions
who migrate to this state to qualify in the same manner as
state applicants for registration, certification, and licensure
when the other jurisdiction has substantially equivalent
requirements for registration, certification, or licensure as
those in this state; and
(b) Whether there are similar professions to that of the
applicant group which should be included in, or portions of
the applicant group which should be excluded from, the
proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist
in the profession, such as legal requirements associated with
specific programs that define or enforce standards, or a code
of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be
adopted; and
(ii) The grounds for suspension or revocation of
registration, certification, or licensure;
(7) A description of the group proposed for regulation,
including a list of associations, organizations, and other
groups representing the practitioners in this state, an estimate
of the number of practitioners in each group, and whether
the groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure
will have on the costs of the services to the public; and
(b) The cost to the state and to the general public of
implementing the proposed legislation. [1987 c 514 § 6.]
18.118.040 Applicants for regulation—Written
report—Recommendation of department of licensing.
Applicant groups shall submit a written report explaining the
factors enumerated in RCW 18.118.030 to the legislative
committees of reference. Applicant groups, other than state
agencies created prior to July 26, 1987, shall submit copies
of their written report to the department of licensing for
review and comment. The department of licensing shall
make recommendations based on the report to the extent
requested by the legislative committees. [1987 c 514 § 7.]
18.118.900 Severability—1987 c 514. If any provision of this act or its application to any person or circum[Title 18 RCW—page 288]
stance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 514 § 10.]
Chapter 18.120
REGULATION OF HEALTH
PROFESSIONS—CRITERIA
Sections
18.120.010
18.120.020
18.120.030
18.120.040
Purpose—Criteria.
Definitions.
Applicants for regulation—Information.
Applicants for regulation—Written reports—
Recommendations by state board of health and department of health.
18.120.050 Continuing education requirements—Legislative proposals—
Evidence of effectiveness.
18.120.900 Short title.
18.120.910 Severability—1983 c 168.
Health professions account—Fees credited—Requirements for biennial
budget request: RCW 43.70.320.
Secretary of health or secretary’s designee ex officio member of health
professional licensure and disciplinary boards: RCW 43.70.300.
18.120.010 Purpose—Criteria. (1) The purpose of
this chapter is to establish guidelines for the regulation of
health professions not licensed or regulated prior to July 24,
1983, and those licensed or regulated health professions
which seek to substantially increase their scope of practice:
PROVIDED, That the provisions of this chapter are not
intended and shall not be construed to: (a) Apply to any
regulatory entity created prior to July 24, 1983, except as
provided in this chapter; (b) affect the powers and responsibilities of the superintendent of public instruction or state
board of education under RCW 28A.305.130 and
28A.410.010; (c) apply to or interfere in any way with the
practice of religion or to any kind of treatment by prayer;
and (d) apply to any remedial or technical amendments to
any statutes which licensed or regulated activity before July
24, 1983. The legislature believes that all individuals should
be permitted to enter into a health profession unless there is
an overwhelming need for the state to protect the interests of
the public by restricting entry into the profession. Where
such a need is identified, the regulation adopted by the state
should be set at the least restrictive level consistent with the
public interest to be protected.
(2) It is the intent of this chapter that no regulation
shall, after July 24, 1983, be imposed upon any health
profession except for the exclusive purpose of protecting the
public interest. All bills introduced in the legislature to
regulate a health profession for the first time should be
reviewed according to the following criteria. A health
profession should be regulated by the state only when:
(a) Unregulated practice can clearly harm or endanger
the health, safety, or welfare of the public, and the potential
for the harm is easily recognizable and not remote or
dependent upon tenuous argument;
(b) The public needs and can reasonably be expected to
benefit from an assurance of initial and continuing professional ability; and
(c) The public cannot be effectively protected by other
means in a more cost-beneficial manner.
(2002 Ed.)
Regulation of Health Professions—Criteria
(3) After evaluating the criteria in subsection (2) of this
section and considering governmental and societal costs and
benefits, if the legislature finds that it is necessary to
regulate a health profession not previously regulated by law,
the least restrictive alternative method of regulation should
be implemented, consistent with the public interest and this
section:
(a) Where existing common law and statutory civil
actions and criminal prohibitions are not sufficient to
eradicate existing harm, the regulation should provide for
stricter civil actions and criminal prosecutions;
(b) Where a service is being performed for individuals
involving a hazard to the public health, safety, or welfare,
the regulation should impose inspection requirements and
enable an appropriate state agency to enforce violations by
injunctive relief in court, including, but not limited to,
regulation of the business activity providing the service
rather than the employees of the business;
(c) Where the threat to the public health, safety, or
economic well-being is relatively small as a result of the
operation of the health profession, the regulation should
implement a system of registration;
(d) Where the consumer may have a substantial basis
for relying on the services of a practitioner, the regulation
should implement a system of certification; or
(e) Where apparent that adequate regulation cannot be
achieved by means other than licensing, the regulation
should implement a system of licensing. [1990 c 33 § 554;
1983 c 168 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
18.120.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Applicant group" includes any health professional
group or organization, any individual, or any other interested
party which proposes that any health professional group not
presently regulated be regulated or which proposes to
substantially increase the scope of practice of the profession.
(2) "Certificate" and "certification" mean a voluntary
process by which a statutory regulatory entity grants recognition to an individual who (a) has met certain prerequisite
qualifications specified by that regulatory entity, and (b) may
assume or use "certified" in the title or designation to
perform prescribed health professional tasks.
(3) "Grandfather clause" means a provision in a regulatory statute applicable to practitioners actively engaged in the
regulated health profession prior to the effective date of the
regulatory statute which exempts the practitioners from
meeting the prerequisite qualifications set forth in the
regulatory statute to perform prescribed occupational tasks.
(4) "Health professions" means and includes the
following health and health-related licensed or regulated
professions and occupations: Podiatric medicine and surgery
under chapter 18.22 RCW; chiropractic under chapter 18.25
RCW; dental hygiene under chapter 18.29 RCW; dentistry
under chapter 18.32 RCW; denturism under chapter 18.30
RCW; dispensing opticians under chapter 18.34 RCW;
hearing instruments under chapter 18.35 RCW; naturopaths
under chapter 18.36A RCW; embalming and funeral directing under chapter 18.39 RCW; midwifery under chapter
(2002 Ed.)
18.120.010
18.50 RCW; nursing home administration under chapter
18.52 RCW; optometry under chapters 18.53 and 18.54
RCW; ocularists under chapter 18.55 RCW; osteopathic
medicine and surgery under chapters 18.57 and 18.57A
RCW; pharmacy under chapters 18.64 and 18.64A RCW;
medicine under chapters 18.71 and 18.71A RCW; emergency
medicine under chapter 18.73 RCW; physical therapy under
chapter 18.74 RCW; practical nurses under chapter 18.79
RCW; psychologists under chapter 18.83 RCW; registered
nurses under chapter 18.79 RCW; occupational therapists
licensed under chapter 18.59 RCW; respiratory care practitioners licensed under chapter 18.89 RCW; veterinarians and
veterinary technicians under chapter 18.92 RCW; health care
assistants under chapter 18.135 RCW; massage practitioners
under chapter 18.108 RCW; acupuncturists licensed under
chapter 18.06 RCW; persons registered under chapter 18.19
RCW; persons licensed as mental health counselors, marriage and family therapists, and social workers under chapter
18.225 RCW; dietitians and nutritionists certified by chapter
18.138 RCW; radiologic technicians under chapter 18.84
RCW; and nursing assistants registered or certified under
chapter 18.88A RCW.
(5) "Inspection" means the periodic examination of
practitioners by a state agency in order to ascertain whether
the practitioners’ occupation is being carried out in a fashion
consistent with the public health, safety, and welfare.
(6) "Legislative committees of reference" means the
standing legislative committees designated by the respective
rules committees of the senate and house of representatives
to consider proposed legislation to regulate health professions not previously regulated.
(7) "License," "licensing," and "licensure" mean permission to engage in a health profession which would otherwise
be unlawful in the state in the absence of the permission. A
license is granted to those individuals who meet prerequisite
qualifications to perform prescribed health professional tasks
and for the use of a particular title.
(8) "Professional license" means an individual, nontransferable authorization to carry on a health activity based on
qualifications which include: (a) Graduation from an
accredited or approved program, and (b) acceptable performance on a qualifying examination or series of examinations.
(9) "Practitioner" means an individual who (a) has
achieved knowledge and skill by practice, and (b) is actively
engaged in a specified health profession.
(10) "Public member" means an individual who is not,
and never was, a member of the health profession being
regulated or the spouse of a member, or an individual who
does not have and never has had a material financial interest
in either the rendering of the health professional service
being regulated or an activity directly related to the profession being regulated.
(11) "Registration" means the formal notification which,
prior to rendering services, a practitioner shall submit to a
state agency setting forth the name and address of the
practitioner; the location, nature and operation of the health
activity to be practiced; and, if required by the regulatory
entity, a description of the service to be provided.
(12) "Regulatory entity" means any board, commission,
agency, division, or other unit or subunit of state government
[Title 18 RCW—page 289]
18.120.020
Title 18 RCW: Businesses and Professions
which regulates one or more professions, occupations,
industries, businesses, or other endeavors in this state.
(13) "State agency" includes every state office, department, board, commission, regulatory entity, and agency of
the state, and, where provided by law, programs and activities involving less than the full responsibility of a state
agency. [2001 c 251 § 26; 2000 c 93 § 15; 1997 c 334 §
13; 1996 c 178 § 9. Prior: 1995 c 323 § 15; 1995 c 1 § 18
(Initiative Measure No. 607, approved November 8, 1994);
1994 sp.s. c 9 § 718; 1989 c 300 § 14; prior: 1988 c 277 §
12; 1988 c 267 § 21; prior: 1987 c 512 § 21; 1987 c 447 §
17; 1987 c 415 § 16; 1987 c 412 § 14; prior: 1985 c 326 §
28; 1985 c 117 § 3; prior: 1984 c 279 § 57; 1984 c 9 § 18;
1983 c 168 § 2.]
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Effective date—1996 c 178: See note following RCW 18.35.110.
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1987 c 512: See RCW 18.19.901.
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1984 c 279: See RCW 18.130.901.
Severability—1984 c 9: See RCW 18.59.905.
18.120.030 Applicants for regulation—Information.
After July 24, 1983, if appropriate, applicant groups shall
explain each of the following factors to the extent requested
by the legislative committees of reference:
(1) A definition of the problem and why regulation is
necessary:
(a) The nature of the potential harm to the public if the
health profession is not regulated, and the extent to which
there is a threat to public health and safety;
(b) The extent to which consumers need and will benefit
from a method of regulation identifying competent practitioners, indicating typical employers, if any, of practitioners in
the health profession; and
(c) The extent of autonomy a practitioner has, as
indicated by:
(i) The extent to which the health profession calls for
independent judgment and the extent of skill or experience
required in making the independent judgment; and
(ii) The extent to which practitioners are supervised;
(2) The efforts made to address the problem:
(a) Voluntary efforts, if any, by members of the health
profession to:
(i) Establish a code of ethics; or
(ii) Help resolve disputes between health practitioners
and consumers; and
(b) Recourse to and the extent of use of applicable law
and whether it could be strengthened to control the problem;
(3) The alternatives considered:
(a) Regulation of business employers or practitioners
rather than employee practitioners;
(b) Regulation of the program or service rather than the
individual practitioners;
[Title 18 RCW—page 290]
(c) Registration of all practitioners;
(d) Certification of all practitioners;
(e) Other alternatives;
(f) Why the use of the alternatives specified in this
subsection would not be adequate to protect the public
interest; and
(g) Why licensing would serve to protect the public
interest;
(4) The benefit to the public if regulation is granted:
(a) The extent to which the incidence of specific
problems present in the unregulated health profession can
reasonably be expected to be reduced by regulation;
(b) Whether the public can identify qualified practitioners;
(c) The extent to which the public can be confident that
qualified practitioners are competent:
(i) Whether the proposed regulatory entity would be a
board composed of members of the profession and public
members, or a state agency, or both, and, if appropriate, their
respective responsibilities in administering the system of
registration, certification, or licensure, including the composition of the board and the number of public members, if any;
the powers and duties of the board or state agency regarding
examinations and for cause revocation, suspension, and
nonrenewal of registrations, certificates, or licenses; the
promulgation of rules and canons of ethics; the conduct of
inspections; the receipt of complaints and disciplinary action
taken against practitioners; and how fees would be levied
and collected to cover the expenses of administering and
operating the regulatory system;
(ii) If there is a grandfather clause, whether such
practitioners will be required to meet the prerequisite
qualifications established by the regulatory entity at a later
date;
(iii) The nature of the standards proposed for registration, certification, or licensure as compared with the standards of other jurisdictions;
(iv) Whether the regulatory entity would be authorized
to enter into reciprocity agreements with other jurisdictions;
(v) The nature and duration of any training including,
but not limited to, whether the training includes a substantial
amount of supervised field experience; whether training
programs exist in this state; if there will be an experience
requirement; whether the experience must be acquired under
a registered, certificated, or licensed practitioner; whether
there are alternative routes of entry or methods of meeting
the prerequisite qualifications; whether all applicants will be
required to pass an examination; and, if an examination is
required, by whom it will be developed and how the costs of
development will be met; and
(vi) What additional training programs are anticipated to
be necessary to assure training accessible state-wide; the
anticipated time required to establish the additional training
programs; the types of institutions capable of providing the
training; a description of how training programs will meet
the needs of the expected work force, including reentry
workers, minorities, placebound students, and others;
(d) Assurance of the public that practitioners have
maintained their competence:
(i) Whether the registration, certification, or licensure
will carry an expiration date; and
(2002 Ed.)
Regulation of Health Professions—Criteria
(ii) Whether renewal will be based only upon payment
of a fee, or whether renewal will involve reexamination, peer
review, or other enforcement;
(5) The extent to which regulation might harm the
public:
(a) The extent to which regulation will restrict entry into
the health profession:
(i) Whether the proposed standards are more restrictive
than necessary to insure safe and effective performance; and
(ii) Whether the proposed legislation requires registered,
certificated, or licensed practitioners in other jurisdictions
who migrate to this state to qualify in the same manner as
state applicants for registration, certification, and licensure
when the other jurisdiction has substantially equivalent
requirements for registration, certification, or licensure as
those in this state; and
(b) Whether there are similar professions to that of the
applicant group which should be included in, or portions of
the applicant group which should be excluded from, the
proposed legislation;
(6) The maintenance of standards:
(a) Whether effective quality assurance standards exist
in the health profession, such as legal requirements associated with specific programs that define or enforce standards,
or a code of ethics; and
(b) How the proposed legislation will assure quality:
(i) The extent to which a code of ethics, if any, will be
adopted; and
(ii) The grounds for suspension or revocation of
registration, certification, or licensure;
(7) A description of the group proposed for regulation,
including a list of associations, organizations, and other
groups representing the practitioners in this state, an estimate
of the number of practitioners in each group, and whether
the groups represent different levels of practice; and
(8) The expected costs of regulation:
(a) The impact registration, certification, or licensure
will have on the costs of the services to the public;
(b) The cost to the state and to the general public of
implementing the proposed legislation; and
(c) The cost to the state and the members of the group
proposed for regulation for the required education, including
projected tuition and expenses and expected increases in
training programs, staffing, and enrollments at state training
institutions. [1991 c 332 § 6; 1983 c 168 § 3.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.120.040 Applicants for regulation—Written
reports—Recommendations by state board of health and
department of health. Applicant groups shall submit a
written report explaining the factors enumerated in RCW
18.120.030 to the legislative committees of reference, copies
of which shall be sent to the state board of health and the
department of health for review and comment. The state
board of health and the department of health shall make
recommendations based on the report submitted by applicant
groups to the extent requested by the legislative committees.
[1989 1st ex.s. c 9 § 305; 1984 c 279 § 59.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1984 c 279: See RCW 18.130.901.
(2002 Ed.)
18.120.030
18.120.050 Continuing education requirements—
Legislative proposals—Evidence of effectiveness. Requirements for licensees to engage in continuing education as a
condition of continued licensure has not been proven to be
an effective method of guaranteeing or improving the
competence of licensees or the quality of care received by
the consumer. The legislature has serious reservations
concerning the appropriateness of mandated continuing
education. Any legislative proposal which contains a
continuing education requirement should be accompanied by
evidence that such a requirement has been proven effective
for the profession addressed in the legislation. [1984 c 279
§ 58.]
Severability—1984 c 279: See RCW 18.130.901.
18.120.900 Short title. This chapter may be known
and cited as the Washington regulation of health professions
act. [1983 c 168 § 4.]
18.120.910 Severability—1983 c 168. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1983 c 168 § 17.]
Chapter 18.122
REGULATION OF HEALTH PROFESSIONS—
UNIFORM ADMINISTRATIVE PROVISIONS
Sections
18.122.010
18.122.020
18.122.030
18.122.040
18.122.050
18.122.060
18.122.070
18.122.080
18.122.090
18.122.100
18.122.110
18.122.120
18.122.130
18.122.140
18.122.150
18.122.160
18.122.900
18.122.901
Legislative intent.
Definitions.
Registration, certification, and licensure.
Exemptions.
Powers of secretary.
Record of proceedings.
Advisory committees.
Credentialing requirements.
Approval of educational programs.
Examinations.
Applications.
Waiver of examination for initial applications.
Endorsement.
Renewals.
Application of uniform disciplinary act.
Application of chapter.
Section captions.
Severability—1987 c 150.
18.122.010 Legislative intent. The legislature takes
note of the burgeoning number of bills proposed to regulate
new health and health-related professions and occupations.
The legislature further recognizes the number of allied health
professions seeking independent practice. Potentially at least
one hundred forty-five discrete health professions and
occupations are recognized nationally, with at least two
hundred fifty secondary job classifications. A uniform and
streamlined credentialing process needs to be established to
permit the department of health to administer the health
professional regulatory programs in the most cost-effective,
accountable, and uniform manner. The public interest will
be served by establishing uniform administrative provisions
for the regulated professions under the jurisdiction of the
[Title 18 RCW—page 291]
18.122.010
Title 18 RCW: Businesses and Professions
department of health regulated after July 26, 1987. [1989
1st ex.s. c 9 § 306; 1987 c 150 § 61.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) To "credential" means to license, certify, or register
an applicant.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the
secretary’s designee.
(4) "Health profession" means a profession providing
health services regulated under the laws of this state and
under which laws this statute is specifically referenced.
(5) "Credential" means the license, certificate, or
registration issued to a person. [1989 1st ex.s. c 9 § 307;
1987 c 150 § 62.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.122.030 Registration, certification, and licensure.
(1) The three levels of professional credentialing as defined
in chapter 18.120 RCW are:
(a) Registration, which is the least restrictive, and
requires formal notification of the department of health
identifying the practitioner, and does not require qualifying
examinations;
(b) Certification, which is a voluntary process recognizing an individual who qualifies by examination and meets
established educational prerequisites, and which protects the
title of practice; and
(c) Licensure, which is the most restrictive and requires
qualification by examination and educational prerequisites of
a practitioner whose title is protected and whose scope of
practice is restricted to only those licensed.
(2) No person may practice or represent oneself as a
practitioner of a health profession by use of any title or
description of services without being registered to practice
by the department of health, unless otherwise exempted by
this chapter.
(3) No person may represent oneself as certified or use
any title or description of services without applying for
certification, meeting the required qualifications, and being
certified by the department of health, unless otherwise
exempted by this chapter.
(4) No person may represent oneself as licensed, use
any title or description of services, or engage in any practice
without applying for licensure, meeting the required qualifications, and being licensed by the department of health,
unless otherwise exempted by this chapter. [1989 1st ex.s.
c 9 § 308; 1987 c 150 § 63.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.122.040 Exemptions. Nothing in this chapter shall
be construed to prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing
services within the authorized scope of practice;
[Title 18 RCW—page 292]
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor. [1991 c 3 §
260; 1987 c 150 § 64.]
18.122.050 Powers of secretary. In addition to any
other authority provided by law, the secretary has the
authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish all credentialing, examination, and renewal
fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants, and to issue certificates or
licenses to applicants who have met the education, training,
and examination requirements for licensure or certification
and to deny a credential to applicants who do not meet the
minimum qualifications, except that proceedings concerning
the denial of credentials based upon unprofessional conduct
or impairment shall be governed by the uniform disciplinary
act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals credentialed under this chapter to serve as examiners for
any practical examinations;
(6) Determine minimum education requirements and
evaluate and designate those educational programs from
which graduation will be accepted as proof of eligibility to
take a qualifying examination for applicants for certification
or licensure;
(7) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for certification or licensure;
(8) Determine whether alternative methods of training
are equivalent to formal education, and establish forms,
procedures, and criteria for evaluation of an applicant’s
alternative training to determine the applicant’s eligibility to
take any qualifying examination;
(9) Determine which states have credentialing requirements equivalent to those of this state, and issue credentials
to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
credentialing;
(11) Implement and administer a program for consumer
education;
(12) Adopt rules implementing a continuing competency
program;
(13) Maintain the official department record of all
applicants and licensees; and
(14) Establish by rule the procedures for an appeal of an
examination failure. [1989 1st ex.s. c 9 § 309; 1987 c 150
§ 65.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
(2002 Ed.)
Regulation of Health Professions—Uniform Administrative Provisions
18.122.060 Record of proceedings. The secretary
shall keep an official record of all proceedings. A part of
the record shall consist of a register of all applicants for
credentialing under this chapter and the results of each
application. [1991 c 3 § 261; 1987 c 150 § 66.]
18.122.070 Advisory committees. (1) The secretary
has the authority to appoint advisory committees to further
the purposes of this chapter. Each such committee shall be
composed of five members, one member initially appointed
for a term of one year, two for a term of two years, and two
for a term of three years. Subsequent appointments shall be
for terms of three years. No person may serve as a member
of the committee for more than two consecutive terms.
Members of an advisory committee shall be residents of this
state. Each committee shall be composed of three individuals registered, certified, or licensed in the category designated, and two members who represent the public at large and
are unaffiliated directly or indirectly with the profession
being credentialed.
(2) The secretary may remove any member of the
advisory committees for cause as specified by rule. In the
case of a vacancy, the secretary shall appoint a person to
serve for the remainder of the unexpired term.
(3) The advisory committees shall each meet at the
times and places designated by the secretary and shall hold
meetings during the year as necessary to provide advice to
the director [secretary]. The committee may elect a chair
and a vice chair. A majority of the members currently
serving shall constitute a quorum.
(4) Each member of an advisory committee shall be
reimbursed for travel expenses as authorized in RCW
43.03.050 and 43.03.060. In addition, members of the
committees shall be compensated in accordance with RCW
43.03.240 when engaged in the authorized business of their
committees.
(5) The secretary, members of advisory committees, or
individuals acting on their behalf are immune from suit in
any action, civil or criminal, based on any credentialing or
disciplinary proceedings or other official acts performed in
the course of their duties. [1991 c 3 § 262; 1987 c 150 §
67.]
18.122.080 Credentialing requirements. (1) The
secretary shall issue a license or certificate, as appropriate,
to any applicant who demonstrates to the secretary’s satisfaction that the following requirements have been met:
(a) Graduation from an educational program approved
by the secretary or successful completion of alternate
training meeting established criteria;
(b) Successful completion of an approved examination;
and
(c) Successful completion of any experience requirement
established by the secretary.
(2) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the
grounds for denial of a license or certificate or issuance of
a conditional license or certificate under chapter 18.130
RCW.
(2002 Ed.)
18.122.060
(4) The secretary shall issue a registration to any
applicant who completes an application which identifies the
name and address of the applicant, the registration being
requested, and information required by the secretary necessary to establish whether there are grounds for denial of a
registration or issuance of a conditional registration under
chapter 18.130 RCW. [1991 c 3 § 263; 1987 c 150 § 68.]
18.122.090 Approval of educational programs. The
secretary shall establish by rule the standards and procedures
for approval of educational programs and alternative training.
The secretary may utilize or contract with individuals or
organizations having expertise in the profession or in
education to assist in the evaluations. The secretary shall
establish by rule the standards and procedures for revocation
of approval of education programs. The standards and
procedures set shall apply equally to educational programs
and training in the United States and in foreign jurisdictions.
The secretary may establish a fee for educational program
evaluations. [1991 c 3 § 264; 1987 c 150 § 69.]
18.122.100 Examinations. (1) The date and location
of examinations shall be established by the secretary.
Applicants who have been found by the secretary to meet the
other requirements for licensure or certification shall be
scheduled for the next examination following the filing of
the application. The secretary shall establish by rule the
examination application deadline.
(2) The secretary or the secretary’s designees shall
examine each applicant, by means determined most effective,
on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of
determining whether the applicant possesses the minimum
skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for
a period of not less than one year after the secretary has
made and published the decisions. All examinations shall be
conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent
examinations as the applicant desires upon prepaying a fee
determined by the secretary under RCW 43.70.250 for each
subsequent examination. Upon failing four examinations, the
secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
(5) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the
credentialing requirements. [1989 1st ex.s. c 9 § 310; 1987
c 150 § 70.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.122.110 Applications. Applications for
credentialing shall be submitted on forms provided by the
secretary. The secretary may require any information and
documentation which reasonably relates to the need to
determine whether the applicant meets the criteria for
credentialing provided for in this chapter and chapter 18.130
[Title 18 RCW—page 293]
18.122.110
Title 18 RCW: Businesses and Professions
RCW. Each applicant shall pay a fee determined by the
secretary under RCW 43.70.250. The fee shall accompany
the application. [1989 1st ex.s. c 9 § 311; 1987 c 150 § 71.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.122.120 Waiver of examination for initial
applications. The secretary shall waive the examination and
credential a person authorized to practice within the state of
Washington if the secretary determines that the person meets
commonly accepted standards of education and experience
for the profession. This section applies only to those
individuals who file an application for waiver within one
year of the establishment of the authorized practice. [1991
c 3 § 265; 1987 c 150 § 72.]
18.122.130 Endorsement. An applicant holding a
credential in another state may be credentialed to practice in
this state without examination if the secretary determines that
the other state’s credentialing standards are substantially
equivalent to the standards in this state. [1991 c 3 § 266;
1987 c 150 § 73.]
18.122.140 Renewals. The secretary shall establish by
rule the procedural requirements and fees for renewal of a
credential. Failure to renew shall invalidate the credential
and all privileges granted by the credential. If a license or
certificate has lapsed for a period longer than three years, the
person shall demonstrate competence to the satisfaction of
the secretary by taking continuing education courses, or
meeting other standards determined by the secretary. [1991
c 3 § 267; 1987 c 150 § 74.]
18.122.150 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, shall
govern the issuance and denial of credentials, unauthorized
practice, and the discipline of persons credentialed under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1991 c 3 § 268; 1987 c 150 § 75.]
18.122.160 Application of chapter. This chapter only
applies to a business or profession regulated under the laws
of this state if this chapter is specifically referenced in the
laws regulating that business or profession. [1987 c 150 §
76.]
18.122.900 Section captions. Section captions as
used in this chapter do not constitute any part of the law.
[1987 c 150 § 77.]
18.122.901 Severability—1987 c 150. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 150 § 80.]
[Title 18 RCW—page 294]
Chapter 18.130
REGULATION OF HEALTH PROFESSIONS—
UNIFORM DISCIPLINARY ACT
Sections
18.130.010 Intent.
18.130.020 Definitions.
18.130.040 Application to certain professions—Authority of secretary—
Grant or denial of licenses—Procedural rules.
18.130.045 Massage practitioners—Procedures governing convicted
prostitutes.
18.130.050 Authority of disciplining authority.
18.130.060 Additional authority of secretary.
18.130.065 Rules, policies, and orders—Secretary’s role.
18.130.070 Rules requiring reports—Court orders—Immunity from
liability—Licensees required to report.
18.130.075 Temporary practice permits—Penalties.
18.130.080 Unprofessional conduct—Complaint—Investigation—
Immunity of complainant.
18.130.085 Communication with complainant.
18.130.090 Statement of charge—Request for hearing.
18.130.095 Uniform procedural rules.
18.130.098 Settlement—Disclosure—Conference.
18.130.100 Hearings—Adjudicative proceedings under chapter 34.05
RCW.
18.130.110 Findings of fact—Order—Report.
18.130.120 Actions against license—Exception.
18.130.125 License suspension—Nonpayment or default on educational
loan or scholarship.
18.130.127 License suspension—Noncompliance with support order—
Reissuance.
18.130.130 Orders—When effective—Stay.
18.130.140 Appeal.
18.130.150 Reinstatement.
18.130.160 Finding of unprofessional conduct—Orders—Sanctions—
Stay—Costs—Stipulations.
18.130.165 Enforcement of fine.
18.130.170 Capacity of license holder to practice—Hearing—Mental or
physical examination—Implied consent.
18.130.172 Evidence summary and stipulations.
18.130.175 Voluntary substance abuse monitoring programs.
18.130.180 Unprofessional conduct.
18.130.185 Injunctive relief for violations of RCW 18.130.170 or
18.130.180.
18.130.186 Voluntary substance abuse monitoring program—Content—
License surcharge.
18.130.190 Practice without license—Investigation of complaints—
Cease and desist orders—Injunctions—Penalties.
18.130.195 Violation of injunction—Penalty.
18.130.200 Fraud or misrepresentation in obtaining or maintaining a
license—Penalty.
18.130.210 Crime by license holder—Notice to attorney general or
county prosecuting attorney.
18.130.250 Retired active license status.
18.130.270 Continuing competency pilot projects.
18.130.300 Immunity from liability.
18.130.310 Biennial reports—Format.
18.130.340 Opiate therapy guidelines.
18.130.350 Application—Use of records or exchange of information not
affected.
18.130.900 Short title—Applicability.
18.130.901 Severability—1984 c 279.
AIDS education and training: Chapter 70.24 RCW.
18.130.010 Intent. It is the intent of the legislature to
strengthen and consolidate disciplinary and licensure procedures for the licensed health and health-related professions
and businesses by providing a uniform disciplinary act with
standardized procedures for the licensure of health care
professionals and the enforcement of laws the purpose of
which is to assure the public of the adequacy of professional
competence and conduct in the healing arts.
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
It is also the intent of the legislature that all health and
health-related professions newly credentialed by the state
come under the Uniform Disciplinary Act.
Further, the legislature declares that the addition of
public members on all health care commissions and boards
can give both the state and the public, which it has a
statutory responsibility to protect, assurances of accountability and confidence in the various practices of health care.
[1994 sp.s. c 9 § 601; 1991 c 332 § 1; 1986 c 259 § 1; 1984
c 279 § 1.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Application to scope of practice—1991 c 332: "Nothing in sections
1 through 39 of this act is intended to change the scope of practice of any
health care profession referred to in sections 1 through 39 of this act."
[1991 c 332 § 46.]
Captions not law—1991 c 332: "Section captions and part headings
as used in this act constitute no part of the law." [1991 c 332 § 43.]
Severability—1986 c 259: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 259 § 152.]
18.130.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Disciplining authority" means the agency, board, or
commission having the authority to take disciplinary action
against a holder of, or applicant for, a professional or
business license upon a finding of a violation of this chapter
or a chapter specified under RCW 18.130.040.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the
secretary’s designee.
(4) "Board" means any of those boards specified in
RCW 18.130.040.
(5) "Commission" means any of the commissions
specified in RCW 18.130.040.
(6) "Unlicensed practice" means:
(a) Practicing a profession or operating a business
identified in RCW 18.130.040 without holding a valid,
unexpired, unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings,
advertisements, or use of a professional title or designation,
that the individual is qualified to practice a profession or
operate a business identified in RCW 18.130.040, without
holding a valid, unexpired, unrevoked, and unsuspended
license to do so.
(7) "Disciplinary action" means sanctions identified in
RCW 18.130.160.
(8) "Practice review" means an investigative audit of
records related to the complaint, without prior identification
of specific patient or consumer names, or an assessment of
the conditions, circumstances, and methods of the
professional’s practice related to the complaint, to determine
whether unprofessional conduct may have been committed.
(9) "Health agency" means city and county health
departments and the department of health.
(10) "License," "licensing," and "licensure" shall be
deemed equivalent to the terms "license," "licensing,"
"licensure," "certificate," "certification," and "registration" as
those terms are defined in RCW 18.120.020. [1995 c 336 §
(2002 Ed.)
18.130.010
1; 1994 sp.s. c 9 § 602; 1989 1st ex.s. c 9 § 312; 1986 c 259
§ 2; 1984 c 279 § 2.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.040 Application to certain professions—
Authority of secretary—Grant or denial of licenses—
Procedural rules. (Effective until July 1, 2003.) (1) This
chapter applies only to the secretary and the boards and
commissions having jurisdiction in relation to the professions
licensed under the chapters specified in this section. This
chapter does not apply to any business or profession not
licensed under the chapters specified in this section.
(2)(a) The secretary has authority under this chapter in
relation to the following professions:
(i) Dispensing opticians licensed under chapter 18.34
RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under
chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29
RCW;
(vii) Acupuncturists licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray
technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners licensed under chapter
18.89 RCW;
(x) Persons registered under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors,
marriage and family therapists, and social workers under
chapter 18.225 RCW;
(xii) Persons registered as nursing pool operators under
chapter 18.52C RCW;
(xiii) Nursing assistants registered or certified under
chapter 18.88A RCW;
(xiv) Health care assistants certified under chapter
18.135 RCW;
(xv) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xvi) Chemical dependency professionals certified under
chapter 18.205 RCW;
(xvii) Sex offender treatment providers certified under
chapter 18.155 RCW;
(xviii) Persons licensed and certified under chapter
18.73 RCW or RCW 18.71.205;
(xix) Denturists licensed under chapter 18.30 RCW;
(xx) Orthotists and prosthetists licensed under chapter
18.200 RCW; and
(xxi) Surgical technologists registered under chapter
18.215 RCW.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The podiatric medical board as established in chapter
18.22 RCW;
(ii) The chiropractic quality assurance commission as
established in chapter 18.25 RCW;
[Title 18 RCW—page 295]
18.130.040
Title 18 RCW: Businesses and Professions
(iii) The dental quality assurance commission as
established in chapter 18.32 RCW;
(iv) The board of hearing and speech as established in
chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54
RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued
under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter
18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The medical quality assurance commission as
established in chapter 18.71 RCW governing licenses and
registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in
chapter 18.74 RCW;
(xi) The board of occupational therapy practice as
established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses issued
under that chapter;
(xiii) The examining board of psychology and its
disciplinary committee as established in chapter 18.83 RCW;
and
(xiv) The veterinary board of governors as established
in chapter 18.92 RCW.
(3) In addition to the authority to discipline license
holders, the disciplining authority has the authority to grant
or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection
(2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or
issuance of a license conditioned on the applicant’s compliance with an order entered pursuant to RCW 18.130.160 by
the disciplining authority.
(4) All disciplining authorities shall adopt procedures to
ensure substantially consistent application of this chapter, the
Uniform Disciplinary Act, among the disciplining authorities
listed in subsection (2) of this section. [2002 c 223 § 6;
2001 c 251 § 27; 1999 c 335 § 10; 1998 c 243 § 16. Prior:
1997 c 392 § 516; 1997 c 334 § 14; 1997 c 285 § 13; 1997
c 275 § 2; prior: 1996 c 200 § 32; 1996 c 81 § 5; prior:
1995 c 336 § 2; 1995 c 323 § 16; 1995 c 260 § 11; 1995 c
1 § 19 (Initiative Measure No. 607, approved November 8,
1994); prior: 1994 sp.s. c 9 § 603; 1994 c 17 § 19; 1993 c
367 § 4; 1992 c 128 § 6; 1990 c 3 § 810; prior: 1988 c 277
§ 13; 1988 c 267 § 22; 1988 c 243 § 7; prior: 1987 c 512
§ 22; 1987 c 447 § 18; 1987 c 415 § 17; 1987 c 412 § 15;
1987 c 150 § 1; prior: 1986 c 259 § 3; 1985 c 326 § 29;
1984 c 279 § 4.]
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1998 c 243: See RCW 18.205.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Intent—Purpose—1997 c 285: See RCW 18.200.005.
Severability—1997 c 285: See RCW 18.200.901.
Severability—1996 c 200: See RCW 18.35.902.
[Title 18 RCW—page 296]
Effective date—1996 c 81: See note following RCW 70.128.120.
Effective date—1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 11, 1995]." [1995 c 336 § 11.]
Effective date—1995 c 260 §§ 7-11: "Sections 7 through 11 of this
act shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116; 1995 c 260
§ 12.]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1987 c 512: See RCW 18.19.901.
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.040 Application to certain professions—
Authority of secretary—Grant or denial of licenses—
Procedural rules. (Effective July 1, 2003.) (1) This
chapter applies only to the secretary and the boards and
commissions having jurisdiction in relation to the professions
licensed under the chapters specified in this section. This
chapter does not apply to any business or profession not
licensed under the chapters specified in this section.
(2)(a) The secretary has authority under this chapter in
relation to the following professions:
(i) Dispensing opticians licensed under chapter 18.34
RCW;
(ii) Naturopaths licensed under chapter 18.36A RCW;
(iii) Midwives licensed under chapter 18.50 RCW;
(iv) Ocularists licensed under chapter 18.55 RCW;
(v) Massage operators and businesses licensed under
chapter 18.108 RCW;
(vi) Dental hygienists licensed under chapter 18.29
RCW;
(vii) Acupuncturists licensed under chapter 18.06 RCW;
(viii) Radiologic technologists certified and X-ray
technicians registered under chapter 18.84 RCW;
(ix) Respiratory care practitioners licensed under chapter
18.89 RCW;
(x) Persons registered under chapter 18.19 RCW;
(xi) Persons licensed as mental health counselors,
marriage and family therapists, and social workers under
chapter 18.225 RCW;
(xii) Persons registered as nursing pool operators under
chapter 18.52C RCW;
(xiii) Nursing assistants registered or certified under
chapter 18.88A RCW;
(xiv) Health care assistants certified under chapter
18.135 RCW;
(xv) Dietitians and nutritionists certified under chapter
18.138 RCW;
(xvi) Chemical dependency professionals certified under
chapter 18.205 RCW;
(xvii) Sex offender treatment providers certified under
chapter 18.155 RCW;
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
(xviii) Persons licensed and certified under chapter
18.73 RCW or RCW 18.71.205;
(xix) Denturists licensed under chapter 18.30 RCW;
(xx) Orthotists and prosthetists licensed under chapter
18.200 RCW;
(xxi) Surgical technologists registered under chapter
18.215 RCW; and
(xxii) Recreational therapists.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The podiatric medical board as established in chapter
18.22 RCW;
(ii) The chiropractic quality assurance commission as
established in chapter 18.25 RCW;
(iii) The dental quality assurance commission as
established in chapter 18.32 RCW;
(iv) The board of hearing and speech as established in
chapter 18.35 RCW;
(v) The board of examiners for nursing home administrators as established in chapter 18.52 RCW;
(vi) The optometry board as established in chapter 18.54
RCW governing licenses issued under chapter 18.53 RCW;
(vii) The board of osteopathic medicine and surgery as
established in chapter 18.57 RCW governing licenses issued
under chapters 18.57 and 18.57A RCW;
(viii) The board of pharmacy as established in chapter
18.64 RCW governing licenses issued under chapters 18.64
and 18.64A RCW;
(ix) The medical quality assurance commission as
established in chapter 18.71 RCW governing licenses and
registrations issued under chapters 18.71 and 18.71A RCW;
(x) The board of physical therapy as established in
chapter 18.74 RCW;
(xi) The board of occupational therapy practice as
established in chapter 18.59 RCW;
(xii) The nursing care quality assurance commission as
established in chapter 18.79 RCW governing licenses issued
under that chapter;
(xiii) The examining board of psychology and its
disciplinary committee as established in chapter 18.83 RCW;
and
(xiv) The veterinary board of governors as established
in chapter 18.92 RCW.
(3) In addition to the authority to discipline license
holders, the disciplining authority has the authority to grant
or deny licenses based on the conditions and criteria established in this chapter and the chapters specified in subsection
(2) of this section. This chapter also governs any investigation, hearing, or proceeding relating to denial of licensure or
issuance of a license conditioned on the applicant’s compliance with an order entered pursuant to RCW 18.130.160 by
the disciplining authority.
(4) All disciplining authorities shall adopt procedures to
ensure substantially consistent application of this chapter, the
Uniform Disciplinary Act, among the disciplining authorities
listed in subsection (2) of this section. [2002 c 223 § 6;
2002 c 216 § 11; 2001 c 251 § 27; 1999 c 335 § 10; 1998
c 243 § 16. Prior: 1997 c 392 § 516; 1997 c 334 § 14;
1997 c 285 § 13; 1997 c 275 § 2; prior: 1996 c 200 § 32;
1996 c 81 § 5; prior: 1995 c 336 § 2; 1995 c 323 § 16;
1995 c 260 § 11; 1995 c 1 § 19 (Initiative Measure No. 607,
approved November 8, 1994); prior: 1994 sp.s. c 9 § 603;
(2002 Ed.)
18.130.040
1994 c 17 § 19; 1993 c 367 § 4; 1992 c 128 § 6; 1990 c 3
§ 810; prior: 1988 c 277 § 13; 1988 c 267 § 22; 1988 c 243
§ 7; prior: 1987 c 512 § 22; 1987 c 447 § 18; 1987 c 415
§ 17; 1987 c 412 § 15; 1987 c 150 § 1; prior: 1986 c 259
§ 3; 1985 c 326 § 29; 1984 c 279 § 4.]
Reviser’s note: This section was amended by 2002 c 216 § 11 and
by 2002 c 223 § 6, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 216: See RCW 18.230.900
and 18.230.901.
Severability—2001 c 251: See RCW 18.225.900.
Effective dates—1998 c 243: See RCW 18.205.900.
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Effective dates—1997 c 334: See note following RCW 18.89.010.
Intent—Purpose—1997 c 285: See RCW 18.200.005.
Severability—1997 c 285: See RCW 18.200.901.
Severability—1996 c 200: See RCW 18.35.902.
Effective date—1996 c 81: See note following RCW 70.128.120.
Effective date—1995 c 336 §§ 2 and 3: "Sections 2 and 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 11, 1995]." [1995 c 336 § 11.]
Effective date—1995 c 260 §§ 7-11: "Sections 7 through 11 of this
act shall take effect July 1, 1996." [1995 1st sp.s. c 18 § 116; 1995 c 260
§ 12.]
Short title—Severability—1995 c 1 (Initiative Measure No. 607):
See RCW 18.30.900 and 18.30.901.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
Severability—1987 c 512: See RCW 18.19.901.
Severability—1987 c 447: See RCW 18.36A.901.
Severability—1987 c 415: See RCW 18.89.901.
Effective date—Severability—1987 c 412: See RCW 18.84.901 and
18.84.902.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.045 Massage practitioners—Procedures
governing convicted prostitutes. RCW 18.108.085 shall
govern the issuance and revocation of licenses issued or
applied for under chapter 18.108 RCW to or by persons
convicted of violating RCW 9A.88.030, 9A.88.070,
9A.88.080, or 9A.88.090 or equivalent local ordinances.
[1995 c 353 § 3.]
18.130.050 Authority of disciplining authority. The
disciplining authority has the following authority:
(1) To adopt, amend, and rescind such rules as are
deemed necessary to carry out this chapter;
(2) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold hearings
as provided in this chapter;
(3) To issue subpoenas and administer oaths in connection with any investigation, hearing, or proceeding held
under this chapter;
(4) To take or cause depositions to be taken and use
other discovery procedures as needed in any investigation,
hearing, or proceeding held under this chapter;
[Title 18 RCW—page 297]
18.130.050
Title 18 RCW: Businesses and Professions
(5) To compel attendance of witnesses at hearings;
(6) In the course of investigating a complaint or report
of unprofessional conduct, to conduct practice reviews;
(7) To take emergency action ordering summary
suspension of a license, or restriction or limitation of the
licensee’s practice pending proceedings by the disciplining
authority;
(8) To use a presiding officer as authorized in RCW
18.130.095(3) or the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings. The
disciplining authority shall make the final decision regarding
disposition of the license unless the disciplining authority
elects to delegate in writing the final decision to the presiding officer;
(9) To use individual members of the boards to direct
investigations. However, the member of the board shall not
subsequently participate in the hearing of the case;
(10) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(11) To contract with licensees or other persons or
organizations to provide services necessary for the monitoring and supervision of licensees who are placed on probation, whose professional activities are restricted, or who are
for any authorized purpose subject to monitoring by the
disciplining authority;
(12) To adopt standards of professional conduct or
practice;
(13) To grant or deny license applications, and in the
event of a finding of unprofessional conduct by an applicant
or license holder, to impose any sanction against a license
applicant or license holder provided by this chapter;
(14) To designate individuals authorized to sign subpoenas and statements of charges;
(15) To establish panels consisting of three or more
members of the board to perform any duty or authority
within the board’s jurisdiction under this chapter;
(16) To review and audit the records of licensed health
facilities’ or services’ quality assurance committee decisions
in which a licensee’s practice privilege or employment is
terminated or restricted. Each health facility or service shall
produce and make accessible to the disciplining authority the
appropriate records and otherwise facilitate the review and
audit. Information so gained shall not be subject to discovery or introduction into evidence in any civil action pursuant
to RCW 70.41.200(3). [1995 c 336 § 4. Prior: 1993 c 367
§ 21; 1993 c 367 § 5; 1987 c 150 § 2; 1984 c 279 § 5.]
Severability—1987 c 150: See RCW 18.122.901.
18.130.060 Additional authority of secretary. In
addition to the authority specified in RCW 18.130.050, the
secretary has the following additional authority:
(1) To employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter;
(2) Upon the request of a board, to appoint pro tem
members to participate as members of a panel of the board
in connection with proceedings specifically identified in the
request. Individuals so appointed must meet the same
minimum qualifications as regular members of the board.
Pro tem members appointed for matters under this chapter
[Title 18 RCW—page 298]
are appointed for a term of no more than one year. No pro
tem member may serve more than four one-year terms.
While serving as board members pro tem, persons so
appointed have all the powers, duties, and immunities, and
are entitled to the emoluments, including travel expenses in
accordance with RCW 43.03.050 and 43.03.060, of regular
members of the board. The chairperson of a panel shall be
a regular member of the board appointed by the board
chairperson. Panels have authority to act as directed by the
board with respect to all matters concerning the review,
investigation, and adjudication of all complaints, allegations,
charges, and matters subject to the jurisdiction of the board.
The authority to act through panels does not restrict the
authority of the board to act as a single body at any phase of
proceedings within the board’s jurisdiction. Board panels
may make interim orders and issue final decisions with
respect to matters and cases delegated to the panel by the
board. Final decisions may be appealed as provided in
chapter 34.05 RCW, the Administrative Procedure Act;
(3) To establish fees to be paid for witnesses, expert
witnesses, and consultants used in any investigation and to
establish fees to witnesses in any agency adjudicative
proceeding as authorized by RCW 34.05.446;
(4) To conduct investigations and practice reviews at the
direction of the disciplining authority and to issue subpoenas,
administer oaths, and take depositions in the course of
conducting those investigations and practice reviews at the
direction of the disciplining authority;
(5) To have the health professions regulatory program
establish a system to recruit potential public members, to
review the qualifications of such potential members, and to
provide orientation to those public members appointed
pursuant to law by the governor or the secretary to the
boards and commissions specified in RCW 18.130.040(2)(b),
and to the advisory committees and councils for professions
specified in RCW 18.130.040(2)(a). [2001 c 101 § 1; 1995
c 336 § 5; 1991 c 3 § 269; 1989 c 175 § 68; 1987 c 150 §
3; 1984 c 279 § 6.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
18.130.065 Rules, policies, and orders—Secretary’s
role. The secretary of health shall review and coordinate all
proposed rules, interpretive statements, policy statements,
and declaratory orders, as defined in chapter 34.05 RCW,
that are proposed for adoption or issuance by any health
profession board or commission vested with rule-making
authority identified under RCW 18.130.040(2)(b). The
secretary shall review the proposed policy statements and
declaratory orders against criteria that include the effect of
the proposed rule, statement, or order upon existing health
care policies and practice of health professionals. Within
thirty days of the receipt of a proposed rule, interpretive
statement, policy statement, or declaratory order from the
originating board or commission, the secretary shall inform
the board or commission of the results of the review, and
shall provide any comments or suggestions that the secretary
deems appropriate. Emergency rule making is not subject to
this review process. The secretary is authorized to adopt
rules and procedures for the coordination and review under
this section. [1995 c 198 § 26.]
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
18.130.070 Rules requiring reports—Court orders—
Immunity from liability—Licensees required to report.
(1) The disciplining authority may adopt rules requiring any
person, including, but not limited to, licensees, corporations,
organizations, health care facilities, impaired practitioner
programs, or voluntary substance abuse monitoring programs
approved by the disciplining authority and state or local
governmental agencies, to report to the disciplining authority
any conviction, determination, or finding that a license
holder has committed an act which constitutes unprofessional
conduct, or to report information to the disciplining authority, an impaired practitioner program, or voluntary substance
abuse monitoring program approved by the disciplining
authority, which indicates that the license holder may not be
able to practice his or her profession with reasonable skill
and safety to consumers as a result of a mental or physical
condition. To facilitate meeting the intent of this section, the
cooperation of agencies of the federal government is requested by reporting any conviction, determination, or finding that
a federal employee or contractor regulated by the disciplinary authorities enumerated in this chapter has committed an
act which constituted unprofessional conduct and reporting
any information which indicates that a federal employee or
contractor regulated by the disciplinary authorities enumerated in this chapter may not be able to practice his or her
profession with reasonable skill and safety as a result of a
mental or physical condition.
(2) If a person fails to furnish a required report, the
disciplining authority may petition the superior court of the
county in which the person resides or is found, and the court
shall issue to the person an order to furnish the required
report. A failure to obey the order is a contempt of court as
provided in chapter 7.21 RCW.
(3) A person is immune from civil liability, whether
direct or derivative, for providing information to the disciplining authority pursuant to the rules adopted under subsection (1) of this section.
(4) The holder of a license subject to the jurisdiction of
this chapter shall report to the disciplining authority any
conviction, determination, or finding that the licensee has
committed unprofessional conduct or is unable to practice
with reasonable skill or safety. Failure to report within
thirty days of notice of the conviction, determination, or
finding constitutes grounds for disciplinary action. [1998 c
132 § 8; 1989 c 373 § 19; 1986 c 259 § 4; 1984 c 279 § 7.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1989 c 373: See RCW 7.21.900.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.075 Temporary practice permits—Penalties.
If an individual licensed in another state, that has licensing
standards substantially equivalent to Washington, applies for
a license, the disciplining authority shall issue a temporary
practice permit authorizing the applicant to practice the
profession pending completion of documentation that the
applicant meets the requirements for a license and is also not
subject to denial of a license or issuance of a conditional
license under this chapter. The temporary permit may reflect
statutory limitations on the scope of practice. The permit
shall be issued only upon the disciplining authority receiving
(2002 Ed.)
18.130.070
verification from the states in which the applicant is licensed
that the applicant is currently licensed and is not subject to
charges or disciplinary action for unprofessional conduct or
impairment. Notwithstanding RCW 34.05.422(3), the
disciplining authority shall establish, by rule, the duration of
the temporary practice permits. Failure to surrender the
permit is a misdemeanor under RCW 9A.20.010 and shall be
unprofessional conduct under this chapter. The issuance of
temporary permits is subject to the provisions of this chapter,
including summary suspensions. [1991 c 332 § 2.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.130.080 Unprofessional conduct—Complaint—
Investigation—Immunity of complainant. A person,
including but not limited to consumers, licensees, corporations, organizations, health care facilities, impaired practitioner programs, or voluntary substance abuse monitoring
programs approved by disciplining authorities, and state and
local governmental agencies, may submit a written complaint
to the disciplining authority charging a license holder or
applicant with unprofessional conduct and specifying the
grounds therefor or to report information to the disciplining
authority, or voluntary substance abuse monitoring program,
or an impaired practitioner program approved by the disciplining authority, which indicates that the license holder may
not be able to practice his or her profession with reasonable
skill and safety to consumers as a result of a mental or
physical condition. If the disciplining authority determines
that the complaint merits investigation, or if the disciplining
authority has reason to believe, without a formal complaint,
that a license holder or applicant may have engaged in
unprofessional conduct, the disciplining authority shall
investigate to determine whether there has been unprofessional conduct. A person who files a complaint or reports
information under this section in good faith is immune from
suit in any civil action related to the filing or contents of the
complaint. [1998 c 132 § 9; 1986 c 259 § 5; 1984 c 279 §
8.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.085 Communication with complainant. If
the department communicates in writing to a complainant, or
his or her representative, regarding his or her complaint,
such communication shall not include the address or telephone number of the health care provider against whom he
or she has complained. The department shall inform all
applicants for a health care provider license of the provisions
of this section and RCW 42.17.310 regarding the release of
address and telephone information. [1993 c 360 § 1.]
Effective date—1993 c 360: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 15, 1993]." [1993 c 360 § 3.]
18.130.090 Statement of charge—Request for
hearing. (1) If the disciplining authority determines, upon
investigation, that there is reason to believe a violation of
RCW 18.130.180 has occurred, a statement of charge or
charges shall be prepared and served upon the license holder
[Title 18 RCW—page 299]
18.130.090
Title 18 RCW: Businesses and Professions
or applicant at the earliest practical time. The statement of
charge or charges shall be accompanied by a notice that the
license holder or applicant may request a hearing to contest
the charge or charges. The license holder or applicant must
file a request for hearing with the disciplining authority
within twenty days after being served the statement of
charges. If the twenty-day limit results in a hardship upon
the license holder or applicant, he or she may request for
good cause an extension not to exceed sixty additional days.
If the disciplining authority finds that there is good cause, it
shall grant the extension. The failure to request a hearing
constitutes a default, whereupon the disciplining authority
may enter a decision on the basis of the facts available to it.
(2) If a hearing is requested, the time of the hearing
shall be fixed by the disciplining authority as soon as
convenient, but the hearing shall not be held earlier than
thirty days after service of the charges upon the license
holder or applicant. [1993 c 367 § 1; 1986 c 259 § 6; 1984
c 279 § 9.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.095 Uniform procedural rules. (1)(a) The
secretary, in consultation with the disciplining authorities,
shall develop uniform procedural rules to respond to public
inquiries concerning complaints and their disposition, active
investigations, statement of charges, findings of fact, and
final orders involving a licensee, applicant, or unlicensed
person. The uniform procedural rules adopted under this
subsection apply to all adjudicative proceedings conducted
under this chapter and shall include provisions for establishing time periods for initial assessment, investigation, charging, discovery, settlement, and adjudication of complaints,
and shall include enforcement provisions for violations of the
specific time periods by the department, the disciplining
authority, and the respondent. A licensee must be notified
upon receipt of a complaint, except when the notification
would impede an effective investigation. At the earliest
point of time the licensee must be allowed to submit a
written statement about that complaint, which statement must
be included in the file. Complaints filed after July 27, 1997,
are exempt from public disclosure under chapter 42.17 RCW
until the complaint has been initially assessed and determined to warrant an investigation by the disciplining
authority. Complaints determined not to warrant an investigation by the disciplining authority are no longer considered
complaints, but must remain in the records and tracking
system of the department. Information about complaints that
did not warrant an investigation, including the existence of
the complaint, may be released only upon receipt of a
written public disclosure request or pursuant to an interagency agreement as provided in (b) of this subsection. Complaints determined to warrant no cause for action after
investigation are subject to public disclosure, must include an
explanation of the determination to close the complaint, and
must remain in the records and tracking system of the
department.
(b) The secretary, on behalf of the disciplining authorities, shall enter into interagency agreements for the exchange
of records, which may include complaints filed but not yet
assessed, with other state agencies if access to the records
will assist those agencies in meeting their federal or state
[Title 18 RCW—page 300]
statutory responsibilities. Records obtained by state agencies
under the interagency agreements are subject to the limitations on disclosure contained in (a) of this subsection.
(2) The uniform procedures for conducting investigations shall provide that prior to taking a written statement:
(a) For violation of this chapter, the investigator shall
inform such person, in writing of: (i) The nature of the
complaint; (ii) that the person may consult with legal counsel
at his or her expense prior to making a statement; and (iii)
that any statement that the person makes may be used in an
adjudicative proceeding conducted under this chapter; and
(b) From a witness or potential witness in an investigation under this chapter, the investigator shall inform the
person, in writing, that the statement may be released to the
licensee, applicant, or unlicensed person under investigation
if a statement of charges is issued.
(3) Only upon the authorization of a disciplining
authority identified in RCW 18.130.040(2)(b), the secretary,
or his or her designee, may serve as the presiding officer for
any disciplinary proceedings of the disciplining authority
authorized under this chapter. Except as provided in RCW
18.130.050(8), the presiding officer shall not vote on or
make any final decision. All functions performed by the
presiding officer shall be subject to chapter 34.05 RCW.
The secretary, in consultation with the disciplining authorities, shall adopt procedures for implementing this subsection.
(4) The uniform procedural rules shall be adopted by all
disciplining authorities listed in RCW 18.130.040(2), and
shall be used for all adjudicative proceedings conducted
under this chapter, as defined by chapter 34.05 RCW. The
uniform procedural rules shall address the use of a presiding
officer authorized in subsection (3) of this section to determine and issue decisions on all legal issues and motions
arising during adjudicative proceedings. [1997 c 270 § 1;
1995 c 336 § 6; 1993 c 367 § 2.]
18.130.098 Settlement—Disclosure—Conference.
(1) The settlement process must be substantially uniform for
licensees governed by disciplining authorities under this
chapter. The disciplinary authorities may also use alternative
dispute resolution to resolve complaints during adjudicative
proceedings.
(2) Disclosure of the identity of reviewing disciplining
authority members who participate in the settlement process
is available to the respondent or his or her representative
upon request.
(3) The settlement conference will occur only if a
settlement is not achieved through written documents. The
respondent will have the opportunity to conference either by
phone or in person with the reviewing disciplining authority
member if the respondent chooses. The respondent may also
have his or her attorney conference either by phone or in
person with the reviewing disciplining authority member
without the respondent being present personally.
(4) If the respondent wants to meet in person with the
reviewing disciplining authority member, he or she will
travel to the reviewing disciplining authority member and
have such a conference with a department representative in
attendance either by phone or in person. [1995 c 336 § 7;
1994 sp.s. c 9 § 604.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
18.130.100 Hearings—Adjudicative proceedings
under chapter 34.05 RCW. The procedures governing
adjudicative proceedings before agencies under chapter 34.05
RCW, the Administrative Procedure Act, govern all hearings
before the disciplining authority. The disciplining authority
has, in addition to the powers and duties set forth in this
chapter, all of the powers and duties under chapter 34.05
RCW, which include, without limitation, all powers relating
to the administration of oaths, the receipt of evidence, the
issuance and enforcing of subpoenas, and the taking of
depositions. [1989 c 175 § 69; 1984 c 279 § 10.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.130.100
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the department
a written release issued by the lending agency stating that
the person is making payments on the loan in accordance
with a repayment agreement approved by the lending agency.
If the person has continued to meet all other requirements
for licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the department may impose. [1996 c 293
§ 18.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.130.110 Findings of fact—Order—Report. (1) In
the event of a finding of unprofessional conduct, the disciplining authority shall prepare and serve findings of fact and
an order as provided in chapter 34.05 RCW, the Administrative Procedure Act. If the license holder or applicant is
found to have not committed unprofessional conduct, the
disciplining authority shall forthwith prepare and serve
findings of fact and an order of dismissal of the charges,
including public exoneration of the licensee or applicant.
The findings of fact and order shall be retained by the
disciplining authority as a permanent record.
(2) The disciplining authority shall report the issuance
of statements of charges and final orders in cases processed
by the disciplining authority to:
(a) The person or agency who brought to the disciplining authority’s attention information which resulted in the
initiation of the case;
(b) Appropriate organizations, public or private, which
serve the professions;
(c) The public. Notification of the public shall include
press releases to appropriate local news media and the major
news wire services; and
(d) Counterpart licensing boards in other states, or
associations of state licensing boards.
(3) This section shall not be construed to require the
reporting of any information which is exempt from public
disclosure under chapter 42.17 RCW. [1989 c 175 § 70;
1984 c 279 § 11.]
Effective date—1989 c 175: See note following RCW 34.05.010.
18.130.120 Actions against license—Exception. The
department shall not issue any license to any person whose
license has been denied, revoked, or suspended by the
disciplining authority except in conformity with the terms
and conditions of the certificate or order of denial, revocation, or suspension, or in conformity with any order of
reinstatement issued by the disciplining authority, or in
accordance with the final judgment in any proceeding for
review instituted under this chapter. [1984 c 279 § 12.]
18.130.125 License suspension—Nonpayment or
default on educational loan or scholarship. The department shall suspend the license of any person who has been
certified by a lending agency and reported to the department
for nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
(2002 Ed.)
18.130.127 License suspension—Noncompliance
with support order—Reissuance. The secretary shall
immediately suspend the license of any person subject to this
chapter who has been certified by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order as
provided in RCW 74.20A.320. [1997 c 58 § 830.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.130.130 Orders—When effective—Stay. An
order pursuant to proceedings authorized by this chapter,
after due notice and findings in accordance with this chapter
and chapter 34.05 RCW, or an order of summary suspension
entered under this chapter, shall take effect immediately
upon its being served. The order, if appealed to the court,
shall not be stayed pending the appeal unless the disciplining
authority or court to which the appeal is taken enters an
order staying the order of the disciplining authority, which
stay shall provide for terms necessary to protect the public.
[1986 c 259 § 7; 1984 c 279 § 13.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.140 Appeal. An individual who has been
disciplined or whose license has been denied by a disciplining authority may appeal the decision as provided in chapter
34.05 RCW. [1984 c 279 § 14.]
18.130.150 Reinstatement. A person whose license
has been suspended or revoked under this chapter may
petition the disciplining authority for reinstatement after an
interval as determined by the disciplining authority in the
order. The disciplining authority shall hold hearings on the
petition and may deny the petition or may order reinstatement and impose terms and conditions as provided in RCW
18.130.160 and issue an order of reinstatement. The
disciplining authority may require successful completion of
an examination as a condition of reinstatement.
[Title 18 RCW—page 301]
18.130.150
Title 18 RCW: Businesses and Professions
A person whose license has been suspended for noncompliance with a support order or a *residential or visitation order under RCW 74.20A.320 may petition for reinstatement at any time by providing the secretary a release issued
by the department of social and health services stating that
the person is in compliance with the order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, the secretary shall automatically
reissue the person’s license upon receipt of the release, and
payment of a reinstatement fee, if any. [1997 c 58 § 831;
1984 c 279 § 15.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.130.160 Finding of unprofessional conduct—
Orders—Sanctions—Stay—Costs—Stipulations. Upon a
finding, after hearing, that a license holder or applicant has
committed unprofessional conduct or is unable to practice
with reasonable skill and safety due to a physical or mental
condition, the disciplining authority may issue an order
providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) The monitoring of the practice by a supervisor
approved by the disciplining authority;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a
designated period of time;
(8) Payment of a fine for each violation of this chapter,
not to exceed five thousand dollars per violation. Funds
received shall be placed in the health professions account;
(9) Denial of the license request;
(10) Corrective action;
(11) Refund of fees billed to and collected from the
consumer;
(12) A surrender of the practitioner’s license in lieu of
other sanctions, which must be reported to the federal data
bank.
Any of the actions under this section may be totally or
partly stayed by the disciplining authority. In determining
what action is appropriate, the disciplining authority must
first consider what sanctions are necessary to protect or
compensate the public. Only after such provisions have been
made may the disciplining authority consider and include in
the order requirements designed to rehabilitate the license
holder or applicant. All costs associated with compliance
with orders issued under this section are the obligation of the
license holder or applicant.
[Title 18 RCW—page 302]
The licensee or applicant may enter into a stipulated
disposition of charges that includes one or more of the
sanctions of this section, but only after a statement of
charges has been issued and the licensee has been afforded
the opportunity for a hearing and has elected on the record
to forego such a hearing. The stipulation shall either contain
one or more specific findings of unprofessional conduct or
inability to practice, or a statement by the licensee acknowledging that evidence is sufficient to justify one or more
specified findings of unprofessional conduct or inability to
practice. The stipulation entered into pursuant to this
subsection shall be considered formal disciplinary action for
all purposes. [2001 c 195 § 1; 1993 c 367 § 6; 1986 c 259
§ 8; 1984 c 279 § 16.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.165 Enforcement of fine. Where an order for
payment of a fine is made as a result of a hearing under
RCW 18.130.100 or 18.130.190 and timely payment is not
made as directed in the final order, the disciplining authority
may enforce the order for payment in the superior court in
the county in which the hearing was held. This right of
enforcement shall be in addition to any other rights the
disciplining authority may have as to any licensee ordered to
pay a fine but shall not be construed to limit a licensee’s
ability to seek judicial review under RCW 18.130.140.
In any action for enforcement of an order of payment of
a fine, the disciplining authority’s order is conclusive proof
of the validity of the order of payment of a fine and the
terms of payment. [1993 c 367 § 20; 1987 c 150 § 4.]
Severability—1987 c 150: See RCW 18.122.901.
18.130.170 Capacity of license holder to practice—
Hearing—Mental or physical examination—Implied
consent. (1) If the disciplining authority believes a license
holder or applicant may be unable to practice with reasonable skill and safety to consumers by reason of any mental
or physical condition, a statement of charges in the name of
the disciplining authority shall be served on the license
holder or applicant and notice shall also be issued providing
an opportunity for a hearing. The hearing shall be limited
to the sole issue of the capacity of the license holder or
applicant to practice with reasonable skill and safety. If the
disciplining authority determines that the license holder or
applicant is unable to practice with reasonable skill and
safety for one of the reasons stated in this subsection, the
disciplining authority shall impose such sanctions under
RCW 18.130.160 as is deemed necessary to protect the
public.
(2)(a) In investigating or adjudicating a complaint or
report that a license holder or applicant may be unable to
practice with reasonable skill or safety by reason of any
mental or physical condition, the disciplining authority may
require a license holder or applicant to submit to a mental or
physical examination by one or more licensed or certified
health professionals designated by the disciplining authority.
The license holder or applicant shall be provided written
notice of the disciplining authority’s intent to order a mental
or physical examination, which notice shall include: (i) A
statement of the specific conduct, event, or circumstances
justifying an examination; (ii) a summary of the evidence
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
supporting the disciplining authority’s concern that the
license holder or applicant may be unable to practice with
reasonable skill and safety by reason of a mental or physical
condition, and the grounds for believing such evidence to be
credible and reliable; (iii) a statement of the nature, purpose,
scope, and content of the intended examination; (iv) a
statement that the license holder or applicant has the right to
respond in writing within twenty days to challenge the
disciplining authority’s grounds for ordering an examination
or to challenge the manner or form of the examination; and
(v) a statement that if the license holder or applicant timely
responds to the notice of intent, then the license holder or
applicant will not be required to submit to the examination
while the response is under consideration.
(b) Upon submission of a timely response to the notice
of intent to order a mental or physical examination, the
license holder or applicant shall have an opportunity to
respond to or refute such an order by submission of evidence
or written argument or both. The evidence and written
argument supporting and opposing the mental or physical
examination shall be reviewed by either a panel of the
disciplining authority members who have not been involved
with the allegations against the license holder or applicant or
a neutral decision maker approved by the disciplining
authority. The reviewing panel of the disciplining authority
or the approved neutral decision maker may, in its discretion,
ask for oral argument from the parties. The reviewing panel
of the disciplining authority or the approved neutral decision
maker shall prepare a written decision as to whether: There
is reasonable cause to believe that the license holder or
applicant may be unable to practice with reasonable skill and
safety by reason of a mental or physical condition, or the
manner or form of the mental or physical examination is
appropriate, or both.
(c) Upon receipt by the disciplining authority of the
written decision, or upon the failure of the license holder or
applicant to timely respond to the notice of intent, the
disciplining authority may issue an order requiring the
license holder or applicant to undergo a mental or physical
examination. All such mental or physical examinations shall
be narrowly tailored to address only the alleged mental or
physical condition and the ability of the license holder or
applicant to practice with reasonable skill and safety. An
order of the disciplining authority requiring the license
holder or applicant to undergo a mental or physical examination is not a final order for purposes of appeal. The cost of
the examinations ordered by the disciplining authority shall
be paid out of the health professions account. In addition to
any examinations ordered by the disciplining authority, the
licensee may submit physical or mental examination reports
from licensed or certified health professionals of the license
holder’s or applicant’s choosing and expense.
(d) If the disciplining authority finds that a license
holder or applicant has failed to submit to a properly ordered
mental or physical examination, then the disciplining
authority may order appropriate action or discipline under
RCW 18.130.180(9), unless the failure was due to circumstances beyond the person’s control. However, no such
action or discipline may be imposed unless the license holder
or applicant has had the notice and opportunity to challenge
the disciplining authority’s grounds for ordering the examination, to challenge the manner and form, to assert any other
(2002 Ed.)
18.130.170
defenses, and to have such challenges or defenses considered
by either a panel of the disciplining authority members who
have not been involved with the allegations against the
license holder or applicant or a neutral decision maker
approved by the disciplining authority, as previously set forth
in this section. Further, the action or discipline ordered by
the disciplining authority shall not be more severe than a
suspension of the license, certification, registration or
application until such time as the license holder or applicant
complies with the properly ordered mental or physical
examination.
(e) Nothing in this section shall restrict the power of a
disciplining authority to act in an emergency under RCW
34.05.422(4), 34.05.479, and 18.130.050(7).
(f) A determination by a court of competent jurisdiction
that a license holder or applicant is mentally incompetent or
mentally ill is presumptive evidence of the license holder’s
or applicant’s inability to practice with reasonable skill and
safety. An individual affected under this section shall at
reasonable intervals be afforded an opportunity, at his or her
expense, to demonstrate that the individual can resume
competent practice with reasonable skill and safety to the
consumer.
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by
making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental,
physical, or psychological examination when directed in
writing by the disciplining authority and further to have
waived all objections to the admissibility or use of the
examining health professional’s testimony or examination
reports by the disciplining authority on the ground that the
testimony or reports constitute privileged communications.
[1995 c 336 § 8; 1987 c 150 § 6; 1986 c 259 § 9; 1984 c
279 § 17.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.172 Evidence summary and stipulations. (1)
Prior to serving a statement of charges under RCW
18.130.090 or 18.130.170, the disciplinary authority may
furnish a statement of allegations to the licensee or applicant
along with a detailed summary of the evidence relied upon
to establish the allegations and a proposed stipulation for
informal resolution of the allegations. These documents
shall be exempt from public disclosure until such time as the
allegations are resolved either by stipulation or otherwise.
(2) The disciplinary authority and the applicant or
licensee may stipulate that the allegations may be disposed
of informally in accordance with this subsection. The
stipulation shall contain a statement of the facts leading to
the filing of the complaint; the act or acts of unprofessional
conduct alleged to have been committed or the alleged basis
for determining that the applicant or licensee is unable to
practice with reasonable skill and safety; a statement that the
stipulation is not to be construed as a finding of either
unprofessional conduct or inability to practice; an acknowledgement that a finding of unprofessional conduct or
inability to practice, if proven, constitutes grounds for discipline under this chapter; and an agreement on the part of the
licensee or applicant that the sanctions set forth in RCW
[Title 18 RCW—page 303]
18.130.172
Title 18 RCW: Businesses and Professions
18.130.160, except RCW 18.130.160 (1), (2), (6), and (8),
may be imposed as part of the stipulation, except that no
fine may be imposed but the licensee or applicant may agree
to reimburse the disciplinary authority the costs of investigation and processing the complaint up to an amount not
exceeding one thousand dollars per allegation; and an
agreement on the part of the disciplinary authority to forego
further disciplinary proceedings concerning the allegations.
A stipulation entered into pursuant to this subsection shall
not be considered formal disciplinary action.
(3) If the licensee or applicant declines to agree to
disposition of the charges by means of a stipulation pursuant
to subsection (2) of this section, the disciplinary authority
may proceed to formal disciplinary action pursuant to RCW
18.130.090 or 18.130.170.
(4) Upon execution of a stipulation under subsection (2)
of this section by both the licensee or applicant and the
disciplinary authority, the complaint is deemed disposed of
and shall become subject to public disclosure on the same
basis and to the same extent as other records of the disciplinary authority. Should the licensee or applicant fail to pay
any agreed reimbursement within thirty days of the date
specified in the stipulation for payment, the disciplinary
authority may seek collection of the amount agreed to be
paid in the same manner as enforcement of a fine under
RCW 18.130.165. [2000 c 171 § 29; 1993 c 367 § 7.]
18.130.175 Voluntary substance abuse monitoring
programs. (1) In lieu of disciplinary action under RCW
18.130.160 and if the disciplining authority determines that
the unprofessional conduct may be the result of substance
abuse, the disciplining authority may refer the license holder
to a voluntary substance abuse monitoring program approved
by the disciplining authority.
The cost of the treatment shall be the responsibility of
the license holder, but the responsibility does not preclude
payment by an employer, existing insurance coverage, or
other sources. Primary alcoholism or other drug addiction
treatment shall be provided by approved treatment programs
under RCW 70.96A.020 or by any other provider approved
by the entity or the commission. However, nothing shall
prohibit the disciplining authority from approving additional
services and programs as an adjunct to primary alcoholism
or other drug addiction treatment. The disciplining authority
may also approve the use of out-of-state programs. Referral
of the license holder to the program shall be done only with
the consent of the license holder. Referral to the program
may also include probationary conditions for a designated
period of time. If the license holder does not consent to be
referred to the program or does not successfully complete the
program, the disciplining authority may take appropriate
action under RCW 18.130.160. The secretary shall adopt
uniform rules for the evaluation by the disciplinary authority
of a relapse or program violation on the part of a license
holder in the substance abuse monitoring program. The
evaluation shall encourage program participation with
additional conditions, in lieu of disciplinary action, when the
disciplinary authority determines that the license holder is
able to continue to practice with reasonable skill and safety.
(2) In addition to approving substance abuse monitoring
programs that may receive referrals from the disciplining
[Title 18 RCW—page 304]
authority, the disciplining authority may establish by rule
requirements for participation of license holders who are not
being investigated or monitored by the disciplining authority
for substance abuse. License holders voluntarily participating in the approved programs without being referred by the
disciplining authority shall not be subject to disciplinary
action under RCW 18.130.160 for their substance abuse, and
shall not have their participation made known to the disciplining authority, if they meet the requirements of this
section and the program in which they are participating.
(3) The license holder shall sign a waiver allowing the
program to release information to the disciplining authority
if the licensee does not comply with the requirements of this
section or is unable to practice with reasonable skill or
safety. The substance abuse program shall report to the
disciplining authority any license holder who fails to comply
with the requirements of this section or the program or who,
in the opinion of the program, is unable to practice with
reasonable skill or safety. License holders shall report to the
disciplining authority if they fail to comply with this section
or do not complete the program’s requirements. License
holders may, upon the agreement of the program and
disciplining authority, reenter the program if they have
previously failed to comply with this section.
(4) The treatment and pretreatment records of license
holders referred to or voluntarily participating in approved
programs shall be confidential, shall be exempt from RCW
42.17.250 through 42.17.450, and shall not be subject to
discovery by subpoena or admissible as evidence except for
monitoring records reported to the disciplining authority for
cause as defined in subsection (3) of this section. Monitoring records relating to license holders referred to the program by the disciplining authority or relating to license
holders reported to the disciplining authority by the program
for cause, shall be released to the disciplining authority at
the request of the disciplining authority. Records held by the
disciplining authority under this section shall be exempt from
RCW 42.17.250 through 42.17.450 and shall not be subject
to discovery by subpoena except by the license holder.
(5) "Substance abuse," as used in this section, means the
impairment, as determined by the disciplining authority, of
a license holder’s professional services by an addiction to, a
dependency on, or the use of alcohol, legend drugs, or
controlled substances.
(6) This section does not affect an employer’s right or
ability to make employment-related decisions regarding a
license holder. This section does not restrict the authority of
the disciplining authority to take disciplinary action for any
other unprofessional conduct.
(7) A person who, in good faith, reports information or
takes action in connection with this section is immune from
civil liability for reporting information or taking the action.
(a) The immunity from civil liability provided by this
section shall be liberally construed to accomplish the
purposes of this section and the persons entitled to immunity
shall include:
(i) An approved monitoring treatment program;
(ii) The professional association operating the program;
(iii) Members, employees, or agents of the program or
association;
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
(iv) Persons reporting a license holder as being possibly
impaired or providing information about the license holder’s
impairment; and
(v) Professionals supervising or monitoring the course
of the impaired license holder’s treatment or rehabilitation.
(b) The courts are strongly encouraged to impose
sanctions on clients and their attorneys whose allegations
under this subsection are not made in good faith and are
without either reasonable objective, substantive grounds, or
both.
(c) The immunity provided in this section is in addition
to any other immunity provided by law. [1998 c 132 § 10;
1993 c 367 § 3; 1991 c 3 § 270; 1988 c 247 § 2.]
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Legislative intent—1988 c 247: "Existing law does not provide for
a program for rehabilitation of health professionals whose competency may
be impaired due to the abuse of alcohol and other drugs.
It is the intent of the legislature that the disciplining authorities seek
ways to identify and support the rehabilitation of health professionals whose
practice or competency may be impaired due to the abuse of drugs or
alcohol. The legislature intends that such health professionals be treated so
that they can return to or continue to practice their profession in a way
which safeguards the public. The legislature specifically intends that the
disciplining authorities establish an alternative program to the traditional
administrative proceedings against such health professionals." [1988 c 247
§ 1.]
18.130.180 Unprofessional conduct. The following
conduct, acts, or conditions constitute unprofessional conduct
for any license holder or applicant under the jurisdiction of
this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the
person’s profession, whether the act constitutes a crime or
not. If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary
action. Upon such a conviction, however, the judgment and
sentence is conclusive evidence at the ensuing disciplinary
hearing of the guilt of the license holder or applicant of the
crime described in the indictment or information, and of the
person’s violation of the statute on which it is based. For
the purposes of this section, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
the conviction and all proceedings in which the sentence has
been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement thereof;
(3) All advertising which is false, fraudulent, or misleading;
(4) Incompetence, negligence, or malpractice which
results in injury to a patient or which creates an unreasonable risk that a patient may be harmed. The use of a
nontraditional treatment by itself shall not constitute unprofessional conduct, provided that it does not result in injury
to a patient or create an unreasonable risk that a patient may
be harmed;
(5) Suspension, revocation, or restriction of the
individual’s license to practice any health care profession by
competent authority in any state, federal, or foreign jurisdiction, a certified copy of the order, stipulation, or agreement
being conclusive evidence of the revocation, suspension, or
restriction;
(2002 Ed.)
18.130.175
(6) The possession, use, prescription for use, or distribution of controlled substances or legend drugs in any way
other than for legitimate or therapeutic purposes, diversion
of controlled substances or legend drugs, the violation of any
drug law, or prescribing controlled substances for oneself;
(7) Violation of any state or federal statute or administrative rule regulating the profession in question, including
any statute or rule defining or establishing standards of
patient care or professional conduct or practice;
(8) Failure to cooperate with the disciplining authority
by:
(a) Not furnishing any papers or documents;
(b) Not furnishing in writing a full and complete
explanation covering the matter contained in the complaint
filed with the disciplining authority;
(c) Not responding to subpoenas issued by the disciplining authority, whether or not the recipient of the subpoena is
the accused in the proceeding; or
(d) Not providing reasonable and timely access for
authorized representatives of the disciplining authority
seeking to perform practice reviews at facilities utilized by
the license holder;
(9) Failure to comply with an order issued by the
disciplining authority or a stipulation for informal disposition
entered into with the disciplining authority;
(10) Aiding or abetting an unlicensed person to practice
when a license is required;
(11) Violations of rules established by any health
agency;
(12) Practice beyond the scope of practice as defined by
law or rule;
(13) Misrepresentation or fraud in any aspect of the
conduct of the business or profession;
(14) Failure to adequately supervise auxiliary staff to the
extent that the consumer’s health or safety is at risk;
(15) Engaging in a profession involving contact with the
public while suffering from a contagious or infectious
disease involving serious risk to public health;
(16) Promotion for personal gain of any unnecessary or
inefficacious drug, device, treatment, procedure, or service;
(17) Conviction of any gross misdemeanor or felony
relating to the practice of the person’s profession. For the
purposes of this subsection, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
conviction and all proceedings in which the sentence has
been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(18) The procuring, or aiding or abetting in procuring,
a criminal abortion;
(19) The offering, undertaking, or agreeing to cure or
treat disease by a secret method, procedure, treatment, or
medicine, or the treating, operating, or prescribing for any
health condition by a method, means, or procedure which the
licensee refuses to divulge upon demand of the disciplining
authority;
(20) The willful betrayal of a practitioner-patient
privilege as recognized by law;
(21) Violation of chapter 19.68 RCW;
(22) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
disciplining authority or its authorized representative, or by
the use of threats or harassment against any patient or
[Title 18 RCW—page 305]
18.130.180
Title 18 RCW: Businesses and Professions
witness to prevent them from providing evidence in a
disciplinary proceeding or any other legal action, or by the
use of financial inducements to any patient or witness to
prevent or attempt to prevent him or her from providing
evidence in a disciplinary proceeding;
(23) Current misuse of:
(a) Alcohol;
(b) Controlled substances; or
(c) Legend drugs;
(24) Abuse of a client or patient or sexual contact with
a client or patient;
(25) Acceptance of more than a nominal gratuity,
hospitality, or subsidy offered by a representative or vendor
of medical or health-related products or services intended for
patients, in contemplation of a sale or for use in research
publishable in professional journals, where a conflict of
interest is presented, as defined by rules of the disciplining
authority, in consultation with the department, based on
recognized professional ethical standards. [1995 c 336 § 9;
1993 c 367 § 22. Prior: 1991 c 332 § 34; 1991 c 215 § 3;
1989 c 270 § 33; 1986 c 259 § 10; 1984 c 279 § 18.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.185 Injunctive relief for violations of RCW
18.130.170 or 18.130.180. If a person or business regulated
by this chapter violates RCW 18.130.170 or 18.130.180, the
attorney general, any prosecuting attorney, the secretary, the
board, or any other person may maintain an action in the
name of the state of Washington to enjoin the person from
committing the violations. The injunction shall not relieve
the offender from criminal prosecution, but the remedy by
injunction shall be in addition to the liability of the offender
to criminal prosecution and disciplinary action. [1993 c 367
§ 8; 1987 c 150 § 8; 1986 c 259 § 15.]
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.186 Voluntary substance abuse monitoring
program—Content—License surcharge. (1) To implement
a substance abuse monitoring program for license holders
specified under RCW 18.130.040, who are impaired by
substance abuse, the disciplinary authority may enter into a
contract with a voluntary substance abuse program under
RCW 18.130.175. The program may include any or all of
the following:
(a) Contracting with providers of treatment programs;
(b) Receiving and evaluating reports of suspected
impairment from any source;
(c) Intervening in cases of verified impairment;
(d) Referring impaired license holders to treatment
programs;
(e) Monitoring the treatment and rehabilitation of
impaired license holders including those ordered by the
disciplinary authority;
(f) Providing education, prevention of impairment,
posttreatment monitoring, and support of rehabilitated
impaired license holders; and
(g) Performing other activities as agreed upon by the
disciplinary authority.
[Title 18 RCW—page 306]
(2) A contract entered into under subsection (1) of this
section may be financed by a surcharge on each license
issuance or renewal to be collected by the department of
health from the license holders of the same regulated health
profession. These moneys shall be placed in the health
professions account to be used solely for the implementation
of the program. [1993 c 367 § 9; 1989 c 125 § 3.]
18.130.190 Practice without license—Investigation
of complaints—Cease and desist orders—Injunctions—
Penalties. (1) The secretary shall investigate complaints
concerning practice by unlicensed persons of a profession or
business for which a license is required by the chapters
specified in RCW 18.130.040. In the investigation of the
complaints, the secretary shall have the same authority as
provided the secretary under RCW 18.130.050.
(2) The secretary may issue a notice of intention to
issue a cease and desist order to any person whom the
secretary has reason to believe is engaged in the unlicensed
practice of a profession or business for which a license is
required by the chapters specified in RCW 18.130.040. The
person to whom such notice is issued may request an
adjudicative proceeding to contest the charges. The request
for hearing must be filed within twenty days after service of
the notice of intention to issue a cease and desist order. The
failure to request a hearing constitutes a default, whereupon
the secretary may enter a permanent cease and desist order,
which may include a civil fine. All proceedings shall be
conducted in accordance with chapter 34.05 RCW.
(3) If the secretary makes a final determination that a
person has engaged or is engaging in unlicensed practice, the
secretary may issue a cease and desist order. In addition, the
secretary may impose a civil fine in an amount not exceeding one thousand dollars for each day upon which the person
engaged in unlicensed practice of a business or profession
for which a license is required by one or more of the
chapters specified in RCW 18.130.040. The proceeds of
such fines shall be deposited to the health professions
account.
(4) If the secretary makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the secretary may issue a temporary cease
and desist order. The person receiving a temporary cease
and desist order shall be provided an opportunity for a
prompt hearing. The temporary cease and desist order shall
remain in effect until further order of the secretary. The
failure to request a prompt or regularly scheduled hearing
constitutes a default, whereupon the secretary may enter a
permanent cease and desist order, which may include a civil
fine.
(5) Neither the issuance of a cease and desist order nor
payment of a civil fine shall relieve the person so practicing
or operating a business without a license from criminal
prosecution therefor, but the remedy of a cease and desist
order or civil fine shall be in addition to any criminal
liability. The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and
desist order or civil fine may be used in addition to, or as an
alternative to, any provisions for enforcement of agency
orders set out in chapter 34.05 RCW.
(2002 Ed.)
Regulation of Health Professions—Uniform Disciplinary Act
(6) The attorney general, a county prosecuting attorney,
the secretary, a board, or any person may in accordance with
the laws of this state governing injunctions, maintain an
action in the name of this state to enjoin any person practicing a profession or business for which a license is required
by the chapters specified in RCW 18.130.040 without a
license from engaging in such practice or operating such
business until the required license is secured. However, the
injunction shall not relieve the person so practicing or
operating a business without a license from criminal prosecution therefor, but the remedy by injunction shall be in
addition to any criminal liability.
(7) Unlicensed practice of a profession or operating a
business for which a license is required by the chapters
specified in RCW 18.130.040, unless otherwise exempted by
law, constitutes a gross misdemeanor for a single violation.
Each subsequent violation, whether alleged in the same or in
subsequent prosecutions, is a class C felony. All fees, fines,
forfeitures, and penalties collected or assessed by a court
because of a violation of this section shall be remitted to the
health professions account. [2001 c 207 § 2. Prior: 1995
c 285 § 35; 1993 c 367 § 19; 1991 c 3 § 271; prior: 1989
c 373 § 20; 1989 c 175 § 71; 1987 c 150 § 7; 1986 c 259 §
11; 1984 c 279 § 19.]
Purpose—2001 c 207: "The purpose of this act is to respond to State
v. Thomas, 103 Wn. App. 800, by reenacting and ranking, without changes,
legislation relating to the crime of unlicensed practice of a profession or a
business, enacted as section 35, chapter 285, Laws of 1995." [2001 c 207
§ 1.]
Effective date—2001 c 207: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 2001]." [2001 c 207 § 4.]
Effective date—1995 c 285: See RCW 48.30A.900.
Severability—1989 c 373: See RCW 7.21.900.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1987 c 150: See RCW 18.122.901.
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.195 Violation of injunction—Penalty. A
person or business that violates an injunction issued under
this chapter shall pay a civil penalty, as determined by the
court, of not more than twenty-five thousand dollars, which
shall be placed in the health professions account. For the
purpose of this section, the superior court issuing any
injunction shall retain jurisdiction and the cause shall be
continued, and in such cases the attorney general acting in
the name of the state may petition for the recovery of civil
penalties. [1987 c 150 § 5.]
Severability—1987 c 150: See RCW 18.122.901.
18.130.200 Fraud or misrepresentation in obtaining
or maintaining a license—Penalty. A person who attempts
to obtain, obtains, or attempts to maintain a license by
willful misrepresentation or fraudulent representation is
guilty of a gross misdemeanor. [1997 c 392 § 517; 1986 c
259 § 12; 1984 c 279 § 20.]
Short title—Findings—Construction—Conflict with federal
requirements—Part headings and captions not law—1997 c 392: See
notes following RCW 74.39A.009.
Severability—1986 c 259: See note following RCW 18.130.010.
(2002 Ed.)
18.130.190
18.130.210 Crime by license holder—Notice to
attorney general or county prosecuting attorney. If the
disciplining authority determines or has cause to believe that
a license holder has committed a crime, the disciplining
authority, immediately subsequent to issuing findings of fact
and a final order, shall notify the attorney general or the
county prosecuting attorney in the county in which the act
took place of the facts known to the disciplining authority.
[1986 c 259 § 13; 1984 c 279 § 22.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.250 Retired active license status. The
disciplining authority may adopt rules pursuant to this
section authorizing a retired active license status. An
individual credentialed by a disciplining authority regulated
in the state under RCW 18.130.040, who is practicing only
in emergent or intermittent circumstances as defined by rule
established by the disciplining authority, may hold a retired
active license at a reduced renewal fee established by the
secretary under RCW 43.70.250. Such a license shall meet
the continuing education or continued competency requirements, if any, established by the disciplining authority for
renewals, and is subject to the provisions of this chapter.
Individuals who have entered into retired status agreements
with the disciplinary authority in any jurisdiction shall not
qualify for a retired active license under this section. [1991
c 229 § 1.]
18.130.270 Continuing competency pilot projects.
The disciplinary authorities are authorized to develop and
require licensees’ participation in continuing competency
pilot projects for the purpose of developing flexible, costefficient, effective, and geographically accessible competency
assurance methods. The secretary shall establish criteria for
development of pilot projects and shall select the disciplinary
authorities that will participate from among the professions
requesting participation. The department shall administer the
projects in mutual cooperation with the disciplinary authority
and shall allot and administer the budget for each pilot
project. The department shall report to the legislature in
January of each odd-numbered year concerning the progress
and findings of the projects and shall make recommendations
on the expansion of continued competency requirements to
other licensed health professions.
Each disciplinary authority shall establish its pilot
project in rule and may support the projects from a surcharge
on each of the affected profession’s license renewal in an
amount established by the secretary. [1991 c 332 § 3.]
Application to scope of practice—Captions not law—1991 c 332:
See notes following RCW 18.130.010.
18.130.300 Immunity from liability. (1) The
secretary, members of the boards or commissions, or
individuals acting on their behalf are immune from suit in
any action, civil or criminal, based on any disciplinary
proceedings or other official acts performed in the course of
their duties.
(2) A voluntary substance abuse monitoring program or
an impaired practitioner program approved by a disciplining
authority, or individuals acting on their behalf, are immune
from suit in a civil action based on any disciplinary proceed[Title 18 RCW—page 307]
18.130.300
Title 18 RCW: Businesses and Professions
ings or other official acts performed in the course of their
duties. [1998 c 132 § 11; 1994 sp.s. c 9 § 605; 1993 c 367
§ 10; 1984 c 279 § 21.]
Chapter 18.135
HEALTH CARE ASSISTANTS
Finding—Intent—Severability—1998 c 132: See notes following
RCW 18.71.0195.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Sections
18.135.010
18.135.020
18.135.025
18.135.030
18.130.310 Biennial reports—Format. Subject to
RCW 40.07.040, the disciplinary authority shall submit a
biennial report to the legislature on its proceedings during
the biennium, detailing the number of complaints made,
investigated, and adjudicated and manner of disposition. The
report may include recommendations for improving the
disciplinary process, including proposed legislation. The
department shall develop a uniform report format. [1989 1st
ex.s. c 9 § 313; 1987 c 505 § 5; 1984 c 279 § 23.]
18.135.040
18.135.050
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
18.135.090
18.135.100
18.130.340 Opiate therapy guidelines. The secretary
of health shall coordinate and assist the regulatory boards
and commissions of the health professions with prescriptive
authority in the development of uniform guidelines for
addressing opiate therapy for acute pain, and chronic pain
associated with cancer and other terminal diseases, or other
chronic or intractable pain conditions. The purpose of the
guidelines is to assure the provision of effective medical
treatment in accordance with recognized national standards
and consistent with requirements of the public health and
safety. [1995 c 336 § 10.]
18.135.010 Practices authorized. It is in the public
interest that limited authority to administer skin tests and
subcutaneous, intradermal, intramuscular, and intravenous
injections and to perform minor invasive procedures to
withdraw blood in this state be granted to health care
assistants who are not so authorized under existing licensing
statutes, subject to such regulations as will assure the
protection of the health and safety of the patient. [1984 c
281 § 1.]
18.130.350 Application—Use of records or exchange
of information not affected. This chapter does not affect
the use of records, obtained from the secretary or the
disciplining authorities, in any existing investigation or
action by any state agency. Nor does this chapter limit any
existing exchange of information between the secretary or
the disciplining authorities and other state agencies. [1997
c 270 § 3.]
18.130.900 Short title—Applicability. (1) This
chapter shall be known and cited as the uniform disciplinary
act.
(2) This chapter applies to any conduct, acts, or conditions occurring on or after June 11, 1986.
(3) This chapter does not apply to or govern the
construction of and disciplinary action for any conduct, acts,
or conditions occurring prior to June 11, 1986. Such
conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing
at the time of the occurrence in the same manner as if this
chapter had not been enacted. [1986 c 259 § 14; 1984 c 279
§ 24.]
Severability—1986 c 259: See note following RCW 18.130.010.
18.130.901 Severability—1984 c 279. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 279 § 95.]
[Title 18 RCW—page 308]
18.135.055
18.135.060
18.135.062
18.135.065
18.135.070
Practices authorized.
Definitions.
Rules—Legislative intent.
Health care assistant profession—Duties—Requirements for
certification—Rules.
Certification of health care assistants.
Certification by health care facility or practitioner—Roster—
Recertification.
Registering an initial or continuing certification—Fees.
Conditions for performing authorized functions—Renal
dialysis.
Renal dialysis training task force—Development of core
competencies.
Delegation—Duties of delegator and delegatee.
Complaints—Violations—Investigations—Disciplinary action.
Performance of authorized functions.
Uniform Disciplinary Act.
18.135.020 Definitions. As used in this chapter:
(1) "Secretary" means the secretary of health.
(2) "Health care assistant" means an unlicensed person
who assists a licensed health care practitioner in providing
health care to patients pursuant to this chapter. However
persons trained by a federally approved end-stage renal
disease facility who perform end-stage renal dialysis in the
home setting are exempt from certification under this
chapter.
(3) "Health care practitioner" means:
(a) A physician licensed under chapter 18.71 RCW;
(b) An osteopathic physician or surgeon licensed under
chapter 18.57 RCW; or
(c) Acting within the scope of their respective licensure,
a podiatric physician and surgeon licensed under chapter
18.22 RCW, a registered nurse or advanced registered nurse
practitioner licensed under chapter 18.79 RCW, or a naturopath licensed under chapter 18.36A RCW.
(4) "Supervision" means supervision of procedures
permitted pursuant to this chapter by a health care practitioner who is physically present and is immediately available
in the facility during the administration of injections, as
defined in this chapter, but need not be present during
procedures to withdraw blood.
(5) "Health care facility" means any hospital, hospice
care center, licensed or certified health care facility, health
maintenance organization regulated under chapter 48.46
RCW, federally qualified health maintenance organization,
renal dialysis center or facility federally approved under 42
C.F.R. 405.2100, blood bank federally licensed under 21
(2002 Ed.)
Health Care Assistants
C.F.R. 607, or clinical laboratory certified under 20 C.F.R.
405.1301-16.
(6) "Delegation" means direct authorization granted by
a licensed health care practitioner to a health care assistant
to perform the functions authorized in this chapter which fall
within the scope of practice of the delegator and which are
not within the scope of practice of the delegatee. [2001 c 22
§ 2; 1997 c 133 § 1. Prior: 1994 sp.s. c 9 § 719; 1994 c 76
§ 1; 1991 c 3 § 272; 1986 c 115 § 2; 1984 c 281 § 2.]
Effective date—2001 c 22 § 2: "Section 2 of this act takes effect
March 1, 2002." [2001 c 22 § 5.]
Finding—2001 c 22: See note following RCW 18.135.062.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.135.025 Rules—Legislative intent. The legislature
declares that the citizenry of the state of Washington has a
right to expect that health care assistants are sufficiently
educated and trained to provide the services authorized under
this chapter. It is the intent of the legislature that the
regulations implementing this chapter and governing the
education and occupational qualifications, work experience,
instruction and training of health care assistants ensure that
the public health and welfare are protected. [1986 c 216 §
1.]
18.135.030 Health care assistant profession—
Duties—Requirements for certification—Rules. (1) The
secretary or the secretary’s designee may appoint members
of the health care assistant profession and other health care
practitioners, as defined in RCW 18.135.020(3), to serve in
an ad hoc capacity to assist in carrying out the provisions of
this chapter. The members shall provide advice on matters
specifically identified and requested by the secretary. The
members shall be reimbursed for travel expenses under RCW
43.03.050 and 43.03.060.
(2) In addition to any other authority provided by law,
the secretary shall adopt rules necessary to:
(a) Administer, implement, and enforce this chapter;
(b) Establish the minimum requirements necessary for
a health care facility or health care practitioner to certify a
health care assistant capable of performing the functions
authorized in this chapter; and
(c) Establish minimum requirements for each and every
category of health care assistant.
(3) The rules shall be adopted after fair consideration of
input from representatives of each category. These requirements shall ensure that the public health and welfare are
protected and shall include, but not be limited to, the
following factors:
(a) The education and occupational qualifications for the
health care assistant category;
(b) The work experience for the health care assistant
category;
(c) The instruction and training provided for the health
care assistant category; and
(d) The types of drugs or diagnostic agents which may
be administered by injection by health care assistants
working in a hospital or nursing home. The rules established under this subsection shall not prohibit health care
assistants working in a health care facility other than a
(2002 Ed.)
18.135.020
nursing home or hospital from performing the functions
authorized under this chapter. [1999 c 151 § 201; 1994 sp.s.
c 9 § 515; 1991 c 3 § 273; 1986 c 216 § 2; 1984 c 281 § 4.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.135.040 Certification of health care assistants.
A certification issued to a health care assistant pursuant to
this chapter shall be authority to perform only the functions
authorized in RCW 18.135.010 subject to proper delegation
and supervision in the health care facility making the
certification or under the supervision of the certifying health
care practitioner in other health care facilities or in his or her
office. No certification made by one health care facility or
health care practitioner is transferrable to another health care
facility or health care practitioner. [1984 c 281 § 3.]
18.135.050 Certification by health care facility or
practitioner—Roster—Recertification. (1) Any health care
facility may certify a health care assistant to perform the
functions authorized in this chapter in that health care
facility; and any health care practitioner may certify a health
care assistant capable of performing such services in any
health care facility, or in his or her office, under a health
care practitioner’s supervision. Before certifying the health
care assistant, the health care facility or health care practitioner shall verify that the health care assistant has met the
minimum requirements established by the secretary under
this chapter. These requirements shall not prevent the
certifying entity from imposing such additional standards as
the certifying entity considers appropriate. The health care
facility or health care practitioner shall provide the licensing
authority with a certified roster of health care assistants who
are certified.
(2) Certification and recertification of a health care
assistant shall be effective for a period determined by the
secretary under RCW 43.70.250 and 43.70.280. Requirements for recertification shall be determined by the secretary
under RCW 43.70.250 and 43.70.280. [1996 c 191 § 82;
1991 c 3 § 274; 1984 c 281 § 5.]
18.135.055 Registering an initial or continuing
certification—Fees. The health care facility or health care
practitioner registering an initial or continuing certification
pursuant to the provisions of this chapter shall comply with
administrative procedures, administrative requirements, and
fees determined by the secretary as provided in RCW
43.70.250 and 43.70.280.
All fees collected under this section shall be credited to
the health professions account as required in RCW
43.70.320. [1996 c 191 § 83; 1991 c 3 § 275; 1985 c 117
§ 1.]
18.135.060 Conditions for performing authorized
functions—Renal dialysis. (1) Except as provided in
subsection (2) of this section:
(a) Any health care assistant certified pursuant to this
chapter shall perform the functions authorized in this chapter
only by delegation of authority from the health care practi[Title 18 RCW—page 309]
18.135.060
Title 18 RCW: Businesses and Professions
tioner and under the supervision of a health care practitioner
acting within the scope of his or her license. In the case of
subcutaneous, intradermal and intramuscular and intravenous
injections, a health care assistant may perform such functions
only under the supervision of a health care practitioner
having authority, within the scope of his or her license, to
order such procedures.
(b) The health care practitioner who ordered the
procedure or a health care practitioner who could order the
procedure under his or her license shall be physically present
in the immediate area of a hospital or nursing home where
the injection is administered. Sensitivity agents being
administered intradermally or by the scratch method are
excluded from this requirement.
(2) A health care assistant trained by a federally
approved end-stage renal disease facility may perform
venipuncture for blood withdrawal, administration of oxygen
as necessary by cannula or mask, venipuncture for placement
of fistula needles, connect to vascular catheter for hemodialysis, intravenous administration of heparin and sodium
chloride solutions as an integral part of dialysis treatment,
and intradermal, subcutaneous, or topical administration of
local anesthetics in conjunction with placement of fistula
needles, and intraperitoneal administration of sterile electrolyte solutions and heparin for peritoneal dialysis: (a) In the
center or health care facility if a registered nurse licensed
under chapter 18.79 RCW is physically present and immediately available in such center or health care facility; or (b) in
the patient’s home if a physician and a registered nurse are
available for consultation during the dialysis. [2001 c 22 §
3; 2000 c 171 § 30; 1993 c 13 § 1. Prior: 1986 c 216 § 3;
1986 c 115 § 1; 1984 c 281 § 6.]
Finding—2001 c 22: See note following RCW 18.135.062.
18.135.062 Renal dialysis training task force—
Development of core competencies. The secretary of
health is authorized to establish a task force to assist in the
development of core competencies and minimum training
standards for mandatory training programs to be utilized by
renal dialysis facilities for training hemodialysis technicians
as health care assistants pursuant to chapter 22, Laws of
2001. The secretary shall appoint to the task force persons
knowledgeable in renal dialysis practice, including
nephrologists, dialysis nurses, patient care hemodialysis
technicians, dialysis patients, and other individuals with
expertise. The secretary may appoint succeeding advisory
task forces for reviewing and updating future requirements
as necessary. [2001 c 22 § 4.]
Finding—2001 c 22: "There are concerns about the quality of care
dialysis patients are receiving due to the lack of uniform training standards
for hemodialysis clinical personnel working in renal dialysis facilities in this
state. Currently, hemodialysis technicians are trained by the facilities, and
most facilities have established training programs providing from six to
eight weeks of ongoing training. Training is not standardized and varies
among facilities. Some facilities offer no on-site training. National studies
indicate that renal dialysis facilities avoid costs by reducing staffing levels
and substituting untrained technicians for professional nurses generally in
response to inadequate medicare reimbursements. These studies also
suggest a resulting increase in patient morbidity and mortality.
The legislature finds that the regulation of hemodialysis technicians
will increase the level of professionalism in the state’s renal dialysis
facilities, providing increased quality assurance for patients, health care
providers, third-party payers, and the public in general. The legislature
[Title 18 RCW—page 310]
declares that this act furthers the public health, safety, and welfare of the
people of the state." [2001 c 22 § 1.]
18.135.065 Delegation—Duties of delegator and
delegatee. (1) Each delegator, as defined under RCW
18.135.020(6) shall maintain a list of specific medications,
diagnostic agents, and the route of administration of each
that he or she has authorized for injection. Both the delegator and delegatee shall sign the above list, indicating the date
of each signature. The signed list shall be forwarded to the
secretary of the department of health and shall be available
for review.
(2) Delegatees are prohibited from administering any
controlled substance as defined in RCW 69.50.101(d), any
experimental drug, and any cancer chemotherapy agent
unless a delegator is physically present in the immediate area
where the drug is administered. [1991 c 3 § 276; 1986 c
216 § 4.]
18.135.070
Complaints—Violations—
Investigations—Disciplinary action. The licensing authority of health care facilities or the disciplining authority of the
delegating or supervising health care practitioner shall
investigate all complaints or allegations of violations of
proper certification of a health care assistant or violations of
delegation of authority or supervision. A substantiated
violation shall constitute sufficient cause for disciplinary
action by the licensing authority of a health care facility or
the disciplining authority of the health care practitioner.
[1993 c 367 § 11; 1984 c 281 § 7.]
18.135.090 Performance of authorized functions.
The performance of the functions authorized in this chapter
by a health care assistant pursuant to this chapter does not
constitute unlicensed practice as a health care practitioner.
[1984 c 281 § 9.]
18.135.100 Uniform Disciplinary Act. The Uniform
Disciplinary Act, chapter 18.130 RCW, governs uncertified
practice, the issuance and denial of certificates, and the
discipline of certificate holders under this chapter. The
secretary shall be the disciplining authority under this
chapter. [1993 c 367 § 12.]
Chapter 18.138
DIETITIANS AND NUTRITIONISTS
Sections
18.138.010
18.138.020
18.138.030
18.138.040
18.138.050
18.138.060
18.138.070
18.138.090
18.138.100
18.138.110
Definitions.
Certification required.
Qualifications for certification.
Certification—Application procedures, requirements, fees.
Certification without examination.
Renewal of certification—Fee.
Authority of secretary.
Application of uniform disciplinary act.
Insurance coverage.
Health food stores exempted.
18.138.010 Definitions. (1) "Dietetics" is the integration and application of scientific principles of food, nutrition,
biochemistry, physiology, management, and behavioral and
(2002 Ed.)
Dietitians and Nutritionists
18.138.010
social sciences in counseling people to achieve and maintain
health. Unique functions of dietetics include, but are not
limited to:
(a) Assessing individual and community food practices
and nutritional status using anthropometric, biochemical,
clinical, dietary, and demographic data for clinical, research,
and program planning purposes;
(b) Establishing priorities, goals, and objectives that
meet nutritional needs and are consistent with available
resources and constraints;
(c) Providing nutrition counseling and education as
components of preventive, curative, and restorative health
care;
(d) Developing, implementing, managing, and evaluating
nutrition care systems; and
(e) Evaluating, making changes in, and maintaining
appropriate standards of quality in food and nutrition care
services.
(2) "General nutrition services" means the counseling
and/or educating of groups or individuals in the selection of
food to meet normal nutritional needs for health maintenance, which includes, but is not restricted to:
(a) Assessing the nutritional needs of individuals and
groups by planning, organizing, coordinating, and evaluating
the nutrition components of community health care services;
(b) Supervising, administering, or teaching normal
nutrition in colleges, universities, clinics, group care homes,
nursing homes, hospitals, private industry, and group
meetings.
(3) "Certified dietitian" means any person certified to
practice dietetics under this chapter.
(4) "Certified nutritionist" means any person certified to
provide general nutrition services under this chapter.
(5) "Department" means the department of health.
(6) "Secretary" means the secretary of health or the
secretary’s designee. [1991 c 3 § 278; 1988 c 277 § 1.]
(a) Be eighteen years of age or older;
(b) Has satisfactorily completed a major course of study
in human nutrition, foods and nutrition, dietetics, or food
systems management, and has received a baccalaureate or
higher degree from a college or university accredited by the
Western association of schools and colleges or a similar
accreditation agency or colleges and universities approved by
the secretary in rule;
(c) Demonstrates evidence of having successfully
completed a planned continuous preprofessional experience
in dietetic practice of not less than nine hundred hours under
the supervision of a certified dietitian or a registered dietitian
or demonstrates completion of a coordinated undergraduate
program in dietetics, both of which meet the training criteria
established by the secretary;
(d) Has satisfactorily completed an examination for
dietitians administered by a public or private agency or
institution recognized by the secretary as qualified to
administer the examination; and
(e) Has satisfactorily completed courses of continuing
education as currently established by the secretary.
(3) An individual may be certified as a certified dietician if he or she provides evidence of meeting criteria for
registration on June 9, 1988, by the commission on dietetic
registration.
(4) Any person seeking certification as a "certified nutritionist" shall meet the following qualifications:
(a) Possess the qualifications required to be a certified
dietitian; or
(b) Has received a master’s degree or doctorate degree
in one of the following subject areas: Human nutrition,
nutrition education, foods and nutrition, or public health
nutrition from a college or university accredited by the
Western association of schools and colleges or a similar
accrediting agency or colleges and universities approved by
the secretary in rule. [1991 c 3 § 280; 1988 c 277 § 3.]
18.138.020 Certification required. (1) No persons
shall represent themselves as certified dietitians or certified
nutritionists unless certified as provided for in this chapter.
(2) Persons represent themselves as certified dietitians
or certified nutritionists when any title or any description of
services is used which incorporates one or more of the
following items or designations: "Certified dietitian,"
"certified dietician," "certified nutritionist," "D.," "C.D.," or
"C.N."
(3) The secretary may by rule proscribe or regulate
advertising and other forms of patient solicitation which are
likely to mislead or deceive the public as to whether someone is certified under this chapter. [1991 c 3 § 279; 1988 c
277 § 2.]
18.138.040 Certification—Application procedures,
requirements, fees. (1) If the applicant meets the qualifications as outlined in RCW 18.138.030(2), the secretary shall
confer on such candidates the title certified dietitian.
(2) If the applicant meets the qualifications as outlined
in RCW 18.138.030(4), the secretary shall confer on such
candidates the title certified nutritionist.
(3) Applicants for certification as a certified dietitian or
certified nutritionist shall comply with administrative
procedures, administrative requirements, and fees determined
by the secretary under RCW 43.70.250 and 43.70.280.
[1996 c 191 § 84; 1991 c 3 § 281; 1988 c 277 § 4.]
18.138.030 Qualifications for certification. (1) An
applicant applying for certification as a certified dietitian or
certified nutritionist shall file a written application on a form
or forms provided by the secretary setting forth under
affidavit such information as the secretary may require, and
proof that the candidate has met qualifications set forth
below in subsection (2) or (3) of this section.
(2) Any person seeking certification as a "certified dietitian" shall meet the following qualifications:
(2002 Ed.)
18.138.050 Certification without examination. The
secretary may certify a person applying for the title "certified
dietitian" without examination if such person is licensed or
certified as a dietitian in another jurisdiction and if, in the
secretary’s judgment, the requirements of that jurisdiction are
equivalent to or greater than those of Washington state.
[1991 c 3 § 282; 1988 c 277 § 6.]
18.138.060 Renewal of certification—Fee. (1) Every
person certified as a certified dietitian or certified nutritionist
shall renew the certification according to administrative
[Title 18 RCW—page 311]
18.138.060
Title 18 RCW: Businesses and Professions
procedures, administrative requirements, and fees determined
by the secretary as provided in RCW 43.70.250 and
43.70.280.
(2) All fees collected under this section shall be credited
to the health professions account as required. [1996 c 191
§ 85; 1991 c 3 § 283; 1988 c 277 § 7.]
18.138.070 Authority of secretary. In addition to any
other authority provided by law, the secretary may:
(1) Adopt rules in accordance with chapter 34.05 RCW
necessary to implement this chapter;
(2) Establish forms necessary to administer this chapter;
(3) Issue a certificate to an applicant who has met the
requirements for certification and deny a certificate to an
applicant who does not meet the minimum qualifications;
(4) Hire clerical, administrative, and investigative staff
as needed to implement and administer this chapter and hire
individuals, including those certified under this chapter, to
serve as consultants as necessary to implement and administer this chapter;
(5) Maintain the official departmental record of all
applicants and certificate holders;
(6) Conduct a hearing, pursuant to chapter 34.05 RCW,
on an appeal of a denial of certification based on the
applicant’s failure to meet the minimum qualifications for
certification;
(7) Investigate alleged violations of this chapter and
consumer complaints involving the practice of persons
representing themselves as certified dietitians or certified
nutritionists;
(8) Issue subpoenas, statements of charges, statements
of intent to deny certifications, and orders and delegate in
writing to a designee the authority to issue subpoenas,
statements of charges, and statements on intent to deny
certifications;
(9) Conduct disciplinary proceedings, impose sanctions,
and assess fines for violations of this chapter or any rules
adopted under it in accordance with chapter 34.05 RCW;
(10) Set all certification, renewal, and late renewal fees
in accordance with RCW 43.70.250; and
(11) Set certification expiration dates and renewal
periods for all certifications under this chapter. [1999 c 151
§ 301; 1994 sp.s. c 9 § 516; 1991 c 3 § 284; 1988 c 277 §
10.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
18.138.090 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of certificates, unauthorized practices, and the disciplining of certificate holders under this
chapter. The secretary shall be the disciplining authority
under this chapter. [1991 c 3 § 286; 1988 c 277 § 5.]
18.138.100 Insurance coverage. This chapter does
not require or prohibit individual or group policies or
contracts of an insurance carrier, health care service contractor, or health maintenance organization to provide benefits or
[Title 18 RCW—page 312]
coverage for services and supplies provided by a person
certified under this chapter. [1988 c 277 § 9.]
18.138.110 Health food stores exempted. Nothing in
this chapter shall be construed to apply to owners, operators
or employees of health food stores provided the owners,
operators or employees do not represent themselves to be
certified dietitians or certified nutritionists. [1988 c 277 §
11.]
Chapter 18.140
CERTIFIED REAL ESTATE APPRAISER ACT
Sections
18.140.005
18.140.010
18.140.020
18.140.030
18.140.040
18.140.050
18.140.060
18.140.070
18.140.080
18.140.090
18.140.100
18.140.110
18.140.120
18.140.130
18.140.140
18.140.150
18.140.155
18.140.160
18.140.170
18.140.175
18.140.180
18.140.190
18.140.200
18.140.202
18.140.210
18.140.220
18.140.230
18.140.240
18.140.250
18.140.260
18.140.270
18.140.900
18.140.910
Intent.
Definitions.
Use of title by unauthorized person.
Powers and duties of director.
Immunity.
Fees and collection procedures.
Applications—Original and renewal certification and licensure.
Categories of state-certified or licensed real estate appraisers.
Education requirements.
Experience requirements.
Examination requirements.
Nonresident applicants—Consent for service of process.
Reciprocity.
Expiration of license or certificate—Renewal—Failure to
renew in timely manner.
Licenses and certificates—Required use of number.
Use of term restricted—Group licenses or certificates prohibited.
Temporary licensing or certification—Extension.
Sanctions against license or certificate—Grounds.
Violations—Investigations—Charges—Hearings.
Cease and desist orders.
Hearings—Orders—Judicial review.
Duties of attorney general.
Certificate or license suspension—Nonpayment or default on
educational loan or scholarship.
License or certificate suspension—Noncompliance with
support order—Reissuance.
Violation of chapter—Procedure.
Acting without certificate or license—Penalty.
Real estate appraiser commission—Establishment—
Composition.
Commission/members—Duties and responsibilities.
Commission member’s compensation.
Real estate appraiser commission account.
Uniform regulation of business and professions act.
Short title.
Severability—1989 c 414.
18.140.005 Intent. It is the intent of the legislature
that only individuals who meet and maintain minimum
standards of competence and conduct established under this
chapter for certified or licensed real estate appraisers may
provide real estate appraisal services to the public. [1996 c
182 § 1; 1993 c 30 § 1; 1989 c 414 § 1.]
Effective dates—1996 c 182: "This act shall take effect July 1, 1996,
except section 3 of this act, which shall take effect July 1, 1997." [1996 c
182 § 16.]
18.140.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(2002 Ed.)
Certified Real Estate Appraiser Act
(1) "Appraisal" means the act or process of estimating
value; an estimate of value; or of or pertaining to appraising
and related functions.
(2) "Appraisal report" means any communication,
written or oral, of an appraisal, review, or consulting service
in accordance with the standards of professional conduct or
practice, adopted by the director, that is transmitted to the
client upon completion of an assignment.
(3) "Appraisal assignment" means an engagement for
which an appraiser is employed or retained to act, or would
be perceived by third parties or the public as acting, as a
disinterested third party in rendering an unbiased analysis,
opinion, or conclusion relating to the value of specified
interests in, or aspects of, identified real estate. The term
"appraisal assignment" may apply to valuation work and
analysis work.
(4) "Brokers price opinion" means an oral or written
report of property value that is prepared by a real estate
broker or salesperson licensed under chapter 18.85 RCW.
(5) "Certified appraisal" means an appraisal prepared or
signed by a state-certified real estate appraiser. A certified
appraisal represents to the public that it meets the appraisal
standards defined in this chapter.
(6) "Client" means any party for whom an appraiser
performs a service.
(7) "Commission" means the real estate appraiser
commission of the state of Washington.
(8) "Comparative market analysis" means a brokers
price opinion.
(9) "Department" means the department of licensing.
(10) "Director" means the director of the department of
licensing.
(11) "Expert review appraiser" means a state-certified or
state-licensed real estate appraiser chosen by the director for
the purpose of providing appraisal review assistance to the
director.
(12) "Federal department" means an executive department of the United States of America specifically concerned
with housing finance issues, such as the department of
housing and urban development, the department of veterans
affairs, or their legal federal successors.
(13) "Federal financial institutions regulatory agency"
means the board of governors of the federal reserve system,
the federal deposit insurance corporation, the office of the
comptroller of the currency, the office of thrift supervision,
the national credit union administration, their successors
and/or such other agencies as may be named in future
amendments to 12 U.S.C. Sec. 3350(6).
(14) "Federal secondary mortgage marketing agency"
means the federal national mortgage association, the government national mortgage association, the federal home loan
mortgage corporation, their successors and/or such other
similarly functioning housing finance agencies as may be
federally chartered in the future.
(15) "Federally related transaction" means any real
estate-related financial transaction that the federal financial
institutions regulatory agency or the resolution trust corporation engages in, contracts for, or regulates; and that requires
the services of an appraiser.
(16) "Financial institution" means any person doing
business under the laws of this state or the United States
relating to banks, bank holding companies, savings banks,
(2002 Ed.)
18.140.010
trust companies, savings and loan associations, credit unions,
consumer loan companies, and the affiliates, subsidiaries,
and service corporations thereof.
(17) "Licensed appraisal" means an appraisal prepared
or signed by a state-licensed real estate appraiser. A
licensed appraisal represents to the public that it meets the
appraisal standards defined in this chapter.
(18) "Mortgage broker" for the purpose of this chapter
means a mortgage broker licensed under chapter 19.146
RCW, any mortgage broker approved and subject to audit by
the federal national mortgage association, the government
national mortgage association, or the federal home loan
mortgage corporation as provided in RCW 19.146.020, any
mortgage broker approved by the United States secretary of
housing and urban development for participation in any
mortgage insurance under the national housing act, 12 U.S.C.
Sec. 1201, and the affiliates, subsidiaries, and service
corporations thereof.
(19) "Real estate" means an identified parcel or tract of
land, including improvements, if any.
(20) "Real estate-related financial transaction" means
any transaction involving:
(a) The sale, lease, purchase, investment in, or exchange
of real property, including interests in property, or the
financing thereof;
(b) The refinancing of real property or interests in real
property; and
(c) The use of real property or interests in property as
security for a loan or investment, including mortgage-backed
securities.
(21) "Real property" means one or more defined
interests, benefits, or rights inherent in the ownership of real
estate.
(22) "Review" means the act or process of critically
studying an appraisal report prepared by another.
(23) "Specialized appraisal services" means all appraisal
services which do not fall within the definition of appraisal
assignment. The term "specialized appraisal service" may
apply to valuation work and to analysis work. Regardless of
the intention of the client or employer, if the appraiser would
be perceived by third parties or the public as acting as a
disinterested third party in rendering an unbiased analysis,
opinion, or conclusion, the work is classified as an appraisal
assignment and not a specialized appraisal service.
(24) "State-certified general real estate appraiser" means
a person certified by the director to develop and communicate real estate appraisals of all types of property. A statecertified general real estate appraiser may designate or
identify an appraisal rendered by him or her as a "certified
appraisal."
(25) "State-certified residential real estate appraiser"
means a person certified by the director to develop and
communicate real estate appraisals of all types of residential
property of one to four units without regard to transaction
value or complexity and nonresidential property having a
transaction value as specified in rules adopted by the
director. A state certified residential real estate appraiser
may designate or identify an appraisal rendered by him or
her as a "certified appraisal."
(26) "State-licensed real estate appraiser" means a
person licensed by the director to develop and communicate
real estate appraisals of noncomplex one to four residential
[Title 18 RCW—page 313]
18.140.010
Title 18 RCW: Businesses and Professions
units and complex one to four residential units and nonresidential property having transaction values as specified in
rules adopted by the director. [2000 c 249 § 1; 1997 c 399
§ 1; 1996 c 182 § 2; 1993 c 30 § 2; 1989 c 414 § 3.]
Effective date—1997 c 399: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 399 § 3.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.020 Use of title by unauthorized person. (1)
No person other than a state-certified or state-licensed real
estate appraiser may receive compensation of any form for
a real estate appraisal or an appraisal review. However,
compensation may be provided for brokers price opinions
prepared by a real estate licensee, licensed under chapter
18.85 RCW.
(2) No person, other than a state-certified or statelicensed real estate appraiser, may assume or use that title or
any title, designation, or abbreviation likely to create the
impression of certification or licensure as a real estate
appraiser by this state.
(3) A person who is not certified or licensed under this
chapter shall not prepare any appraisal of real estate located
in this state, except as provided under subsection (1) of this
section.
(4) This section does not preclude a staff employee of
a governmental entity from performing an appraisal or an
appraisal assignment within the scope of his or her employment insofar as the performance of official duties for the
governmental entity are concerned. Such an activity for the
benefit of the governmental entity is exempt from the
requirements of this chapter.
(5) This chapter does not preclude an individual person
licensed by the state of Washington as a real estate broker or
as a real estate salesperson from issuing a brokers price
opinion. However, if the brokers price opinion is written, or
given as evidence in any legal proceeding, and is issued to
a person who is not a prospective seller, buyer, lessor, or
lessee as the only intended user, then the brokers price
opinion shall contain a statement, in an obvious location
within the written document or specifically and affirmatively
in spoken testimony, that substantially states: "This brokers
price opinion is not an appraisal as defined in chapter 18.140
RCW and has been prepared by a real estate licensee,
licensed under chapter 18.85 RCW, who . . . . . (is/is not)
also state certified or state licensed as a real estate appraiser
under chapter 18.140 RCW." However, the brokers price
opinion issued under this subsection may not be used as an
appraisal in conjunction with a federally related transaction.
(6) This section does not apply to an appraisal or an
appraisal review performed for a financial institution or
mortgage broker by an employee or third party, when such
appraisal or appraisal review is not required to be performed
by a state-certified or state-licensed real estate appraiser by
the appropriate federal financial institutions regulatory
agency.
(7) This section does not apply to an attorney licensed
to practice law in this state or to a certified public accountant, as defined in RCW 18.04.025, who evaluates real
property in the normal scope of his or her professional
[Title 18 RCW—page 314]
services. [1998 c 120 § 1; 1997 c 399 § 2; 1996 c 182 § 3;
1993 c 30 § 3; 1989 c 414 § 4.]
Effective date—1997 c 399: See note following RCW 18.140.010.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.030 Powers and duties of director. (Effective
until January 1, 2003.) The director shall have the following powers and duties:
(1) To adopt rules in accordance with chapter 34.05
RCW necessary to implement this chapter, with the advice
and approval of the commission;
(2) To receive and approve or deny applications for
certification or licensure as a state-certified or state-licensed
real estate appraiser under this chapter; to establish appropriate administrative procedures for the processing of such
applications; to issue certificates or licenses to qualified
applicants pursuant to the provisions of this chapter; and to
maintain a register of the names and addresses of individuals
who are currently certified or licensed under this chapter;
(3) To provide administrative assistance to the members
of and to keep records for the real estate appraiser commission;
(4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of
questions and answers for certification or licensure examinations;
(5) To administer or contract for administration of
certification or licensure examinations at locations and times
as may be required to carry out the responsibilities under this
chapter;
(6) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(7) To consider recommendations by the real estate
appraiser commission relating to the experience, education,
and examination requirements for each classification of statecertified appraiser and for licensure;
(8) To consider recommendations by the real estate
appraiser commission relating to continuing education
requirements as a prerequisite to renewal of certification or
licensure;
(9) To consider recommendations by the real estate
appraiser commission relating to standards of professional
appraisal conduct or practice in the enforcement of this
chapter;
(10) To investigate all complaints or reports of unprofessional conduct as defined in this chapter and to hold
hearings as provided in this chapter;
(11) To establish appropriate administrative procedures
for disciplinary proceedings conducted pursuant to the
provisions of this chapter;
(12) To compel the attendance of witnesses and production of books, documents, records, and other papers; to
administer oaths; and to take testimony and receive evidence
concerning all matters within their jurisdiction. These
powers may be exercised directly by the director or the
director’s authorized representatives acting by authority of
law;
(13) To take emergency action ordering summary
suspension of a license or certification pending proceedings
by the director;
(2002 Ed.)
Certified Real Estate Appraiser Act
(14) To employ such professional, clerical, and technical
assistance as may be necessary to properly administer the
work of the director;
(15) To establish forms necessary to administer this
chapter;
(16) To establish an expert review appraiser roster
comprised of state-certified or licensed real estate appraisers
whose purpose is to assist the director by applying their
individual expertise by reviewing real estate appraisals for
compliance with this chapter. Qualifications to act as an
expert review appraiser shall be established by the director
with the advice of the commission. An application to serve
as an expert review appraiser shall be submitted to the real
estate appraiser program, and the roster of accepted expert
review appraisers shall be maintained by the department. An
expert review appraiser may be added to or deleted from that
roster by the director. The expert review appraiser shall be
reimbursed for expenses in the same manner as the department reimburses the commission; and
(17) To do all other things necessary to carry out the
provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or
licensure of appraisers that the director determines are
appropriate for state-certified and state-licensed appraisers in
this state. [2000 c 249 § 2; 1996 c 182 § 4; 1993 c 30 § 4;
1989 c 414 § 7.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.030 Powers and duties of director. (Effective
January 1, 2003.) The director shall have the following
powers and duties:
(1) To adopt rules in accordance with chapter 34.05
RCW necessary to implement this chapter and chapter
18.235 RCW, with the advice and approval of the commission;
(2) To receive and approve or deny applications for
certification or licensure as a state-certified or state-licensed
real estate appraiser under this chapter; to establish appropriate administrative procedures for the processing of such
applications; to issue certificates or licenses to qualified
applicants pursuant to the provisions of this chapter; and to
maintain a register of the names and addresses of individuals
who are currently certified or licensed under this chapter;
(3) To provide administrative assistance to the members
of and to keep records for the real estate appraiser commission;
(4) To solicit bids and enter into contracts with educational testing services or organizations for the preparation of
questions and answers for certification or licensure examinations;
(5) To administer or contract for administration of
certification or licensure examinations at locations and times
as may be required to carry out the responsibilities under this
chapter;
(6) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(7) To consider recommendations by the real estate
appraiser commission relating to the experience, education,
and examination requirements for each classification of statecertified appraiser and for licensure;
(2002 Ed.)
18.140.030
(8) To consider recommendations by the real estate
appraiser commission relating to continuing education
requirements as a prerequisite to renewal of certification or
licensure;
(9) To consider recommendations by the real estate
appraiser commission relating to standards of professional
appraisal conduct or practice in the enforcement of this
chapter;
(10) To employ such professional, clerical, and technical
assistance as may be necessary to properly administer the
work of the director;
(11) To establish forms necessary to administer this
chapter;
(12) To establish an expert review appraiser roster
comprised of state-certified or licensed real estate appraisers
whose purpose is to assist the director by applying their
individual expertise by reviewing real estate appraisals for
compliance with this chapter. Qualifications to act as an
expert review appraiser shall be established by the director
with the advice of the commission. An application to serve
as an expert review appraiser shall be submitted to the real
estate appraiser program, and the roster of accepted expert
review appraisers shall be maintained by the department. An
expert review appraiser may be added to or deleted from that
roster by the director. The expert review appraiser shall be
reimbursed for expenses in the same manner as the department reimburses the commission; and
(13) To do all other things necessary to carry out the
provisions of this chapter and minimally meet the requirements of federal guidelines regarding state certification or
licensure of appraisers that the director determines are
appropriate for state-certified and state-licensed appraisers in
this state. [2002 c 86 § 238; 2000 c 249 § 2; 1996 c 182 §
4; 1993 c 30 § 4; 1989 c 414 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.040 Immunity. The director or individuals
acting on behalf of the director are immune from suit in any
action, civil or criminal, based on any acts performed in the
course of their duties except for their intentional or willful
misconduct. [1993 c 30 § 5; 1989 c 414 § 8.]
18.140.050 Fees and collection procedures. The
director shall establish fees by rule, under RCW 43.24.086
and chapter 34.05 RCW and establish collection procedures
for the fees. [1989 c 414 § 9.]
18.140.060 Applications—Original and renewal
certification and licensure. (1) Applications for examinations, original certification or licensure, and renewal certification or licensure shall be made in writing to the department on forms approved by the director. Applications for
original and renewal certification or licensure shall include
a statement confirming that the applicant shall comply with
applicable rules and regulations and that the applicant
understands the penalties for misconduct.
(2) The appropriate fees shall accompany all applications for examination, reexamination, original certification or
[Title 18 RCW—page 315]
18.140.060
Title 18 RCW: Businesses and Professions
licensure, and renewal certification or licensure. [1993 c 30
§ 6; 1989 c 414 § 10.]
ington state licenses and/or certificates. [1993 c 30 § 12;
1989 c 414 § 16.]
18.140.070 Categories of state-certified or licensed
real estate appraisers. There shall be one category of statelicensed real estate appraisers and two categories of statecertified real estate appraisers as follows:
(1) The state-licensed real estate appraiser;
(2) The state-certified residential real estate appraiser;
(3) The state-certified general real estate appraiser.
[1993 c 30 § 7; 1989 c 414 § 11.]
18.140.130 Expiration of license or certificate—
Renewal—Failure to renew in timely manner. (1) Each
original and renewal license or certificate issued under this
chapter shall expire on the applicant’s second birthday
following issuance of the license or certificate.
(2) To be renewed as a state-licensed or state-certified
real estate appraiser, the holder of a valid license or certificate shall apply and pay the prescribed fee to the director no
earlier than one hundred twenty days prior to the expiration
date of the license or certificate and shall demonstrate
satisfaction of any continuing education requirements.
(3) If a person fails to renew a license or certificate
prior to its expiration and no more than one year has passed
since the person last held a valid license or certificate, the
person may obtain a renewal license or certificate by
satisfying all of the requirements for renewal and paying late
renewal fees.
The director shall cancel the license or certificate of any
person whose renewal fee is not received within one year
from the date of expiration. A person may obtain a new
license or certificate by satisfying the procedures and
qualifications for initial licensure or certification, including
the successful completion of any applicable examinations.
[1996 c 182 § 6; 1993 c 30 § 13; 1989 c 414 § 17.]
18.140.080 Education requirements. As a prerequisite to taking an examination for certification or licensure, an
applicant shall present evidence satisfactory to the director
that he or she has successfully completed the education
requirements adopted by the director. [1993 c 30 § 8; 1989
c 414 § 12.]
18.140.090 Experience requirements. (1) As a
prerequisite to taking an examination for certification or
licensure, an applicant must meet the experience requirements adopted by the director.
(2) The preexamination experience claimed by an
applicant, and accepted by the department for the purpose of
taking the examination, shall remain subject to postlicensure
auditing by the department. [1996 c 182 § 5; 1993 c 30 §
9; 1989 c 414 § 13.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.100 Examination requirements. An original
license or certificate shall be issued to persons who have
satisfactorily passed the written examination as endorsed by
the Appraiser Qualifications Board of the Appraisal Foundation and as adopted by the director. [1993 c 30 § 10; 1989
c 414 § 14.]
18.140.110 Nonresident applicants—Consent for
service of process. Every applicant for licensing or certification who is not a resident of this state shall submit, with
the application for licensing or certification, an irrevocable
consent that service of process upon him or her may be
made by service on the director if, in an action against the
applicant in a court of this state arising out of the applicant’s
activities as a state-licensed or state-certified real estate
appraiser, the plaintiff cannot, in the exercise of due diligence, obtain personal service upon the applicant. [1993 c
30 § 11; 1989 c 414 § 15.]
18.140.120 Reciprocity. An applicant for licensure or
certification who is currently licensed or certified and in
good standing under the laws of another state may obtain a
license or certificate as a Washington state-licensed or statecertified real estate appraiser without being required to
satisfy the examination requirements of this chapter if: The
director determines that the licensure or certification requirements are substantially similar to those found in Washington
state; and that the other state has a written reciprocal
agreement to provide similar treatment to holders of Wash-
[Title 18 RCW—page 316]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.140 Licenses and certificates—Required use
of number. (1) A license or certificate issued under this
chapter shall bear the signature or facsimile signature of the
director and a license or certificate number assigned by the
director.
(2) Each state-licensed or state-certified real estate
appraiser shall place his or her license or certificate number
adjacent to or immediately below the title "state-licensed real
estate appraiser," "state-certified residential real estate
appraiser," or "state-certified general real estate appraiser"
when used in an appraisal report or in a contract or other
instrument used by the licensee or certificate holder in
conducting real property appraisal activities, except that the
license or certificate number shall not be required to appear
when the title is not accompanied by a signature as is typical
on such promotional and stationery items as brochures,
business cards, forms, or letterhead. [1996 c 182 § 7; 1993
c 30 § 14; 1989 c 414 § 18.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.150 Use of term restricted—Group licenses
or certificates prohibited. (1) The term "state-licensed" or
"state-certified real estate appraiser" may only be used to
refer to individuals who hold the license or certificate and
may not be used following or immediately in connection
with the name or signature of a firm, partnership, corporation, group, or limited liability company, or in such manner
that it might be interpreted as referring to a firm, partnership,
corporation, group, limited liability company, or anyone
other than an individual holder of the license or certificate.
(2) No license or certificate may be issued under this
chapter to a corporation, partnership, firm, limited liability
(2002 Ed.)
Certified Real Estate Appraiser Act
company, or group. This shall not be construed to prevent
a state-licensed or state-certified appraiser from signing an
appraisal report on behalf of a corporation, partnership, firm,
group practice, or limited liability company. [1996 c 182 §
8; 1993 c 30 § 15; 1989 c 414 § 19.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.155 Temporary licensing or certification—
Extension. (1) A real estate appraiser from another state
who is licensed or certified by another state may apply for
registration to receive temporary licensing or certification in
Washington by paying a fee and filing a notarized application with the department on a form provided by the department.
(2) The director is authorized to adopt by rule the term
or duration of the licensing and certification privileges
granted under the provisions of this section. Licensing or
certification shall not be renewed. However, an applicant
may receive an extension of a temporary practice permit to
complete an assignment, provided that a written request is
received by the department prior to the expiration date,
stating the reason for the extension.
(3) A temporary practice permit issued under this
section allows an appraiser to perform independent appraisal
services required by a contract for appraisal services.
(4) Persons granted temporary licensing or certification
privileges under this section shall not advertise or otherwise
hold themselves out as being licensed or certified by the
state of Washington.
(5) Persons granted temporary licensure or certification
are subject to all provisions under this chapter. [2001 c 78
§ 1; 1993 c 30 § 16.]
18.140.160 Sanctions against license or certificate—
Grounds. (Effective until January 1, 2003.) The director
may deny an application for licensure or certification and
may impose any one or more of the following sanctions
against a state-licensed or state-certified appraiser: Suspend,
revoke, or levy a fine not to exceed one thousand dollars for
each offense and/or otherwise discipline in accordance with
the provisions of this chapter, for any of the following acts
or omissions:
(1) Failing to meet the minimum qualifications for state
licensure or certification established by or pursuant to this
chapter;
(2) Procuring or attempting to procure state licensure or
certification under this chapter by knowingly making a false
statement, knowingly submitting false information, or
knowingly making a material misrepresentation on any
application filed with the director;
(3) Paying money other than the fees provided for by
this chapter to any employee of the director or the *committee to procure state licensure or certification under this
chapter;
(4) Obtaining a license or certification through the
mistake or inadvertence of the director;
(5) Conviction of any gross misdemeanor or felony or
the commission of any act involving moral turpitude,
dishonesty, or corruption whether or not the act constitutes
a crime. If the act constitutes a crime, conviction in a
criminal proceeding is not a condition precedent to disciplin(2002 Ed.)
18.140.150
ary action. Upon such a conviction, however, the judgment
and sentence is conclusive evidence at the ensuing disciplinary hearing of the guilt of the license or certificate holder or
applicant of the crime described in the indictment or information, and of the person’s violation of the statute on which
it is based. For the purposes of this section, conviction
includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction and all proceedings
in which the sentence has been deferred or suspended.
Nothing in this section abrogates rights guaranteed under
chapter 9.96A RCW. However, RCW 9.96A.020 does not
apply to a person who is required to register as a sex
offender under RCW 9A.44.130;
(6) Failure or refusal without good cause to exercise
reasonable diligence in developing an appraisal, preparing an
appraisal report, or communicating an appraisal;
(7) Negligence or incompetence in developing an
appraisal, preparing an appraisal report, or communicating an
appraisal;
(8) Continuing to act as a state-licensed or state-certified
real estate appraiser when his or her license or certificate is
on an expired status;
(9) Failing, upon demand, to disclose any information
within his or her knowledge to, or to produce any document,
book, or record in his or her possession for inspection of the
director or the director’s authorized representatives acting by
authority of law;
(10) Violating any provision of this chapter or any
lawful rule made by the director pursuant thereto;
(11) Advertising in a false, fraudulent, or misleading
manner;
(12) Suspension, revocation, or restriction of the
individual’s license or certification to practice the profession
by competent authority in any state, federal, or foreign
jurisdiction, with a certified copy of the order, stipulation, or
agreement being conclusive evidence of the revocation,
suspension, or restriction;
(13) Failing to comply with an order issued by the
director;
(14) Committing any act of fraudulent or dishonest
dealing or a crime involving moral turpitude, with a certified
copy of the final holding of any court of competent jurisdiction in such matter being conclusive evidence in any hearing
under this chapter; and
(15) Issuing an appraisal report on any real property in
which the appraiser has an interest unless his or her interest
is clearly stated in the appraisal report. [2000 c 35 § 1;
1996 c 182 § 9; 1993 c 30 § 17; 1989 c 414 § 20.]
*Reviser’s note: The definition of "real estate appraiser advisory
committee" was changed to "real estate appraiser commission" by 2000 c
249 § 1.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.160 Disciplinary actions—Grounds. (Effective January 1, 2003.) In addition to the unprofessional
conduct described in RCW 18.235.130, the director may take
disciplinary action for the following conduct, acts, or
conditions:
(1) Failing to meet the minimum qualifications for state
licensure or certification established by or pursuant to this
chapter;
[Title 18 RCW—page 317]
18.140.160
Title 18 RCW: Businesses and Professions
(2) Paying money other than the fees provided for by
this chapter to any employee of the director or the commission to procure state licensure or certification under this
chapter;
(3) Continuing to act as a state-licensed or state-certified
real estate appraiser when his or her license or certificate is
on an expired status;
(4) Violating any provision of this chapter or any lawful
rule made by the director pursuant thereto;
(5) Issuing an appraisal report on any real property in
which the appraiser has an interest unless his or her interest
is clearly stated in the appraisal report; and
(6) Being affiliated as an employee or independent
contractor with a state-licensed or state-certified real estate
appraiser when the appraiser’s license or certificate has been
revoked due to disciplinary action. [2002 c 86 § 239; 2000
c 35 § 1; 1996 c 182 § 9; 1993 c 30 § 17; 1989 c 414 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.170 Violations—Investigations—Charges—
Hearings. (Effective until January 1, 2003.) The director
may investigate the actions of a state-licensed or statecertified real estate appraiser or an applicant for licensure or
certification or relicensure or recertification. Upon receipt
of information indicating that a state-licensed or statecertified real estate appraiser under this chapter may have
violated this chapter, the director shall cause one or more of
the staff investigators to make an investigation of the facts
to determine whether or not there is admissible evidence of
any such violation. If technical assistance is required, a staff
investigator may consult with one or more of the members
of the *committee.
In any investigation made by the director’s investigative
staff, the director shall have the power to compel the
attendance of witnesses and the production of books,
documents, records, and other papers, to administer oaths,
and to take testimony and receive evidence concerning all
matters within the director’s jurisdiction.
If the director determines, upon investigation, that a
state-licensed or state-certified real estate appraiser under this
chapter has violated this chapter, a statement of charges shall
be prepared and served upon the state-licensed or statecertified real estate appraiser. The statement of charges shall
be served as follows: The statement of charges shall be sent
by certified or registered mail, and if no receipt of service is
received, two attempts to personally serve the statement of
charges shall be made. This statement of charges shall
require the accused party to file an answer to the statement
of charges within twenty days of the date of service.
In responding to a statement of charges, the accused
party may admit to the allegations, deny the allegations, or
otherwise plead. Failure to make a timely response shall be
deemed an admission of the allegations contained in the
statement of charges and will result in a default whereupon
the director may enter an order under RCW 34.05.440. If a
hearing is requested, the time of the hearing shall be
scheduled but the hearing shall not be held earlier than thirty
days after service of the charges upon the accused. A notice
[Title 18 RCW—page 318]
of hearing shall be issued at least twenty days prior to the
hearing, specifying the time, date, and place of hearing.
[1996 c 182 § 10; 1993 c 30 § 18; 1989 c 414 § 21.]
*Reviser’s note: The definition of "real estate appraiser advisory
committee" was changed to "real estate appraiser commission" by 2000 c
249 § 1.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.170 Violations—Investigations. (Effective
January 1, 2003.) The director may investigate the actions
of a state-licensed or state-certified real estate appraiser or
an applicant for licensure or certification or relicensure or
recertification. Upon receipt of information indicating that
a state-licensed or state-certified real estate appraiser under
this chapter may have violated this chapter, the director may
cause one or more of the staff investigators to make an
investigation of the facts to determine whether or not there
is admissible evidence of any such violation. If technical
assistance is required, a staff investigator may consult with
one or more of the members of the commission. [2002 c 86
§ 240; 1996 c 182 § 10; 1993 c 30 § 18; 1989 c 414 § 21.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.175 Cease and desist orders. (1) The director
may issue a cease and desist order to a person after notice
and hearing and upon a determination that the person has
violated a provision of this chapter or a lawful order or rule
of the director.
(2) If the director makes a written finding of fact that
the public interest will be irreparably harmed by delay in
issuing an order, the director may issue a temporary cease
and desist order. Before issuing the temporary cease and
desist order, whenever possible, the director shall give notice
by telephone or otherwise of the proposal to issue a temporary cease and desist order to the person. Every temporary
cease and desist order shall include a provision that a
hearing will be held upon request to determine whether the
order will become permanent.
At the time the temporary cease and desist order is
served, the person shall be notified that he or she is entitled
to request a hearing for the sole purpose of determining
whether the public interest requires that the temporary cease
and desist order be continued or modified pending the
outcome of the hearing to determine whether the order will
become permanent. The hearing shall be held within thirty
days after the department receives the request for hearing,
unless the person requests a later hearing. A person may
secure review of any decision rendered at a temporary cease
and desist order review hearing in the same manner as an
adjudicative proceeding. [1993 c 30 § 19.]
18.140.180 Hearings—Orders—Judicial review.
(Effective until January 1, 2003.) The administrative
hearing on the allegations in the statement of charges may be
heard by an administrative law judge appointed under
chapter 34.12 RCW at the time and place prescribed by the
director and in accordance with the provisions of the
Administrative Procedure Act, chapter 34.05 RCW. If the
(2002 Ed.)
Certified Real Estate Appraiser Act
administrative law judge determines that a state-licensed or
state-certified real estate appraiser is guilty of a violation of
any of the provisions of this chapter, a formal decision shall
be prepared that contains findings of fact and recommendations to the director concerning the appropriate disciplinary
action to be taken.
In such event the director shall enter an order to that
effect and shall file the same in his or her office and
immediately mail a copy thereof to the affected party at the
addresses of record with the department. Such order shall
not be operative for a period of ten days from the date
thereof. Any party aggrieved by a final decision by the
director in an adjudicative proceeding whether such decision
is affirmative or negative in form, is entitled to a judicial
review in the superior court under the provisions of the
Administrative Procedure Act, chapter 34.05 RCW. [1993
c 30 § 20; 1989 c 414 § 22.]
18.140.190 Duties of attorney general. The attorney
general shall render to the director opinions upon all questions of law relating to the construction or interpretation of
this chapter, or arising in the administration thereof that may
be submitted by the director, and shall act as attorney for the
director in all actions and proceedings brought by or against
the director under or pursuant to any provisions of this
chapter. [1993 c 30 § 21; 1989 c 414 § 23.]
18.140.200 Certificate or license suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the certificate or license of
any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s certificate or license shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
certification or licensure during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of
any reinstatement fee the director may impose. [1996 c 293
§ 19.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.140.202 License or certificate suspension—
Noncompliance with support order—Reissuance. The
director shall immediately suspend any license or certificate
issued under this chapter if the holder has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
or certificate shall be automatic upon the director’s receipt
of a release issued by the department of social and health
(2002 Ed.)
18.140.180
services stating that the person is in compliance with the
order. [1997 c 58 § 832.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.140.210 Violation of chapter—Procedure. The
director may refer a complaint for violation of any section of
this chapter before any court of competent jurisdiction.
Any violation of the provisions of this chapter shall be
prosecuted by the prosecuting attorney of each county in
which the violation occurs, and if the prosecuting attorney
fails to act, the director may request the attorney general to
take action in lieu of the prosecuting attorney.
Whenever evidence satisfactory to the director suggests
that any person has violated any of the provisions of this
chapter, or any part or provision thereof, the director may
bring an action, in the superior court in the county where the
person resides, against the person to enjoin any person from
continuing a violation or engaging or doing any act or acts
in furtherance thereof. In this action an order or judgment
may be entered awarding a preliminary or final injunction as
may be proper.
The director may petition the superior court in any
county in this state for the appointment of a receiver to take
over, operate, or close any real estate appraisal activity or
practice in this state which is found upon inspection of its
books and records to be operating in violation of the
provisions of this chapter, pending a hearing. [1996 c 182
§ 11.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.220 Acting without certificate or license—
Penalty. Any person acting as a state-certified or statelicensed real estate appraiser without a certificate or license
that is currently valid is guilty of a misdemeanor. [1996 c
182 § 12.]
Effective dates—1996 c 182: See note following RCW 18.140.005.
18.140.230 Real estate appraiser commission—
Establishment—Composition. There is established the real
estate appraiser commission of the state of Washington,
consisting of seven members who shall act to give advice to
the director.
(1) The seven commission members shall be appointed
by the governor in the following manner: For a term of six
years each, with the exception of the first appointees who
shall be the incumbent members of the predecessor real
estate appraiser advisory committee to serve for the duration
of their current terms, with all other subsequent appointees
to be appointed for a six-year term.
(2) At least two of the commission members shall be
selected from the area of the state east of the Cascade
[Title 18 RCW—page 319]
18.140.230
Title 18 RCW: Businesses and Professions
mountain range and at least two of the commission members
shall be selected from the area of the state west of the
Cascade mountain range. At least two members of the
commission shall be certified general real estate appraisers,
at least two members of the commission shall be certified
residential real estate appraisers, and at least one member of
the commission shall be a licensed real estate appraiser, all
pursuant to this chapter. No certified or licensed appraiser
commission member shall be appointed who has not been
certified and/or licensed pursuant to this chapter for less than
ten years, except that this experience duration shall be not
less than five years only for any commission member taking
office before January 1, 2003. One member shall be an
employee of a financial institution as defined in this chapter
whose duties are concerned with real estate appraisal
management and policy. One member shall be an individual
engaged in mass appraisal whose duties are concerned with
ad valorem appraisal management and policy and who is
licensed or certified under this chapter. One member may
be a member of the general public.
(3) The members of the commission annually shall elect
their chairperson and vice-chairperson to serve for a term of
one calendar year. A majority of the members of said
commission shall at all times constitute a quorum.
(4) Any vacancy on the commission shall be filled by
appointment by the governor for the unexpired term. [2000
c 249 § 3.]
18.140.240 Commission/members—Duties and
responsibilities. The members of the real estate appraiser
commission and its individual members shall have the
following duties and responsibilities:
(1) To meet at the call of the director or upon its own
initiative at the call of its chair or a majority of its members;
(2) To adopt a mission statement, and to serve as a
liaison between appraisal practitioners, the public, and the
department; and
(3) To study and recommend changes to this chapter to
the director or to the legislature. [2000 c 249 § 4.]
18.140.250 Commission member’s compensation.
The commission members shall be compensated in accordance with RCW 43.03.240, plus travel expenses in accordance with RCW 43.03.050 and 43.03.060 when they are in
session by their call or by the director, or when otherwise
engaged in the business of the commission. [2000 c 249 §
5.]
18.140.260 Real estate appraiser commission
account. (Effective July 1, 2003.) The real estate appraiser
commission account is created in the state treasury. All fees
received by the department for licenses, registrations,
renewals, examinations, and audits must be forwarded to the
state treasurer who must credit the money to the account.
All fines and civil penalties ordered pursuant to RCW
18.140.020, 18.140.160, or 18.235.110 against holders of
licenses, certificates, or registrations issued under the
provisions of this chapter must be paid to the account. All
expenses incurred in carrying out the licensing and registration activities of the department under this chapter must be
paid from the account as authorized by legislative appropria[Title 18 RCW—page 320]
tion. Any residue in the account shall be accumulated and
shall not revert to the general fund at the end of the biennium. All earnings of investments of balances in the account
shall be credited to the general fund. Any fund balance
remaining in the general fund attributable to the real estate
appraiser commission account as of July 1, 2003, must be
transferred to the real estate appraiser commission account.
[2002 c 86 § 241.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.140.270 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 242.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.140.900 Short title. This chapter may be known
and cited as the real estate appraiser act. [1993 c 30 § 22;
1989 c 414 § 2.]
18.140.910 Severability—1989 c 414. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 c 414 § 26.]
Chapter 18.145
COURT REPORTING PRACTICE ACT
(Formerly: Shorthand reporting practice act)
Sections
18.145.005
18.145.010
18.145.020
18.145.030
18.145.040
18.145.050
18.145.070
18.145.080
18.145.090
18.145.100
18.145.110
18.145.120
18.145.125
18.145.127
18.145.130
18.145.140
18.145.900
18.145.910
18.145.911
Findings.
Certificate required.
Practice of court reporting defined.
Definitions.
Exemptions.
Powers of director.
Liability of director.
Certification requirements.
Certification applications—Fee.
Renewals—Late fees—Reinstatement.
Persons with stenomask reporting experience.
Sanctions against certificate—Director’s powers—Costs.
Certificate suspension—Nonpayment or default on educational loan or scholarship.
Certificate suspension—Noncompliance with support order—Reissuance.
Unprofessional conduct.
Uniform regulation of business and professions act.
Short title.
Effective date—Implementation—1989 c 382.
Severability—1989 c 382.
18.145.005 Findings. The legislature finds it necessary to regulate the practice of court reporting at the level of
certification to protect the public safety and well-being. The
legislature intends that only individuals who meet and
maintain minimum standards of competence may represent
(2002 Ed.)
Court Reporting Practice Act
themselves as court reporters. [1995 c 27 § 1; 1989 c 382
§ 1.]
18.145.010 Certificate required. (1) No person may
represent himself or herself as a court reporter without first
obtaining a certificate as required by this chapter.
(2) A person represents himself or herself to be a court
reporter when the person adopts or uses any title or description of services that incorporates one or more of the following terms: "Shorthand reporter," "court reporter," "certified
shorthand reporter," or "certified court reporter." [2000 c
171 § 31; 1989 c 382 § 2.]
18.145.020 Practice of court reporting defined. The
"practice of court reporting" means the making by means of
written symbols or abbreviations in shorthand or machine
writing or oral recording by a stenomask reporter of a
verbatim record of any oral court proceeding, deposition, or
proceeding before a jury, referee, court commissioner,
special master, governmental entity, or administrative agency
and the producing of a transcript from the proceeding.
[1995 c 27 § 3; 1989 c 382 § 3.]
18.145.030 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Court reporter" means an individual certified under
this chapter. [1995 c 269 § 501; 1995 c 27 § 4; 1989 c 382
§ 4.]
Reviser’s note: This section was amended by 1995 c 27 § 4 and by
1995 c 269 § 501, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.145.040 Exemptions. Nothing in this chapter
prohibits or restricts:
(1) The practice of court reporting by individuals who
are licensed, certified, or registered as court reporters under
other laws of this state and who are performing services
within their authorized scope of practice;
(2) The practice of court reporting by an individual
employed by the government of the United States while the
individual is performing duties prescribed by the laws and
regulations of the United States; or
(3) The introduction of alternate technology in court
reporting practice. [1995 c 27 § 5; 1989 c 382 § 5.]
18.145.050 Powers of director. (Effective until
January 1, 2003.) In addition to any other authority
provided by law, the director may:
(1) Adopt rules in accordance with chapter 34.05 RCW
that are necessary to implement this chapter;
(2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;
(3) Establish the forms and procedures necessary to
administer this chapter;
(2002 Ed.)
18.145.005
(4) Issue a certificate to any applicant who has met the
requirements for certification;
(5) Hire clerical, administrative, and investigative staff
as needed to implement and administer this chapter;
(6) Investigate complaints or reports of unprofessional
conduct as defined in this chapter and hold hearings under
chapter 34.05 RCW;
(7) Issue subpoenas for records and attendance of
witnesses, statements of charges, statements of intent to deny
certificates, and orders; administer oaths; take or cause
depositions to be taken; and use other discovery procedures
as needed in any investigation, hearing, or proceeding held
under this chapter;
(8) Maintain the official departmental record of all
applicants and certificate holders;
(9) Delegate, in writing to a designee, the authority to
issue subpoenas, statements of charges, and statements of
intent to deny certification;
(10) Approve the preparation and administration of
examinations for certification;
(11) Establish by rule the procedures for an appeal of a
failure of an examination;
(12) Conduct a hearing under chapter 34.05 RCW on an
appeal of a denial of a certificate based on the applicant’s
failure to meet minimum qualifications for certification;
(13) Set the criteria for meeting the standard required
for certification;
(14) Establish advisory committees whose membership
shall include representatives of professional court reporting
and stenomasking associations and representatives from
accredited schools offering degrees in court reporting or
stenomasking to advise the director on testing procedures,
professional standards, disciplinary activities, or any other
matters deemed necessary;
(15) Establish ad hoc advisory committees whose
membership shall include representatives of professional
court reporting and stenomasking associations and representatives from accredited schools offering degrees in court
reporting or stenomasking to advise the director on testing
procedures, professional standards, disciplinary activities, or
any other matters deemed necessary. [1995 c 269 § 502;
1995 c 27 § 6; 1989 c 382 § 6.]
Reviser’s note: This section was amended by 1995 c 27 § 6 and by
1995 c 269 § 502, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.145.050 Powers of director. (Effective January
1, 2003.) In addition to any other authority provided by law,
the director may:
(1) Adopt rules in accordance with chapter 34.05 RCW
that are necessary to implement this chapter;
(2) Set all renewal, late renewal, duplicate, and verification fees in accordance with RCW 43.24.086;
(3) Establish the forms and procedures necessary to
administer this chapter;
(4) Issue a certificate to any applicant who has met the
requirements for certification;
[Title 18 RCW—page 321]
18.145.050
Title 18 RCW: Businesses and Professions
(5) Hire clerical and administrative staff as needed to
implement and administer this chapter;
(6) Maintain the official departmental record of all
applicants and certificate holders;
(7) Approve the preparation and administration of
examinations for certification;
(8) Establish by rule the procedures for an appeal of a
failure of an examination;
(9) Set the criteria for meeting the standard required for
certification;
(10) Establish advisory committees whose membership
shall include representatives of professional court reporting
and stenomasking associations and representatives from
accredited schools offering degrees in court reporting or
stenomasking to advise the director on testing procedures,
professional standards, disciplinary activities, or any other
matters deemed necessary;
(11) Establish ad hoc advisory committees whose
membership shall include representatives of professional
court reporting and stenomasking associations and representatives from accredited schools offering degrees in court
reporting or stenomasking to advise the director on testing
procedures, professional standards, or any other matters
deemed necessary. [2002 c 86 § 243. Prior: 1995 c 269 §
502; 1995 c 27 § 6; 1989 c 382 § 6.]
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.145.110 Persons with stenomask reporting
experience. Persons with two or more years’ experience in
stenomask reporting in Washington state as of January 1,
1996, shall be granted a court reporter certificate without
examination, if application is made before January 1, 1996.
[1995 c 27 § 10; 1989 c 382 § 12.]
18.145.070 Liability of director. The director and
individuals acting on the director’s behalf shall not be civilly
liable for any act performed in good faith in the course of
their duties. [1995 c 269 § 503; 1995 c 27 § 7; 1989 c 382
§ 8.]
18.145.120 Sanctions against certificate—Director’s
powers—Costs. (1) Upon receipt of complaints against
court reporters, the director shall investigate and evaluate the
complaint to determine if disciplinary action is appropriate.
The director shall hold disciplinary hearings pursuant to
chapter 34.05 RCW.
(2) After a hearing conducted under chapter 34.05 RCW
and upon a finding that a certificate holder or applicant has
committed unprofessional conduct or is unable to practice
with reasonable skill and safety due to a physical or mental
condition, the director may issue an order providing for one
or any combination of the following:
(a) Revocation of the certification;
(b) Suspension of the certificate for a fixed or indefinite
term;
(c) Restriction or limitation of the practice;
(d) Requiring the satisfactory completion of a specific
program or remedial education;
(e) The monitoring of the practice by a supervisor
approved by the director;
(f) Censure or reprimand;
(g) Compliance with conditions of probation for a
designated period of time;
(h) Denial of the certification request;
(i) Corrective action;
(j) Refund of fees billed to or collected from the
consumer.
Any of the actions under this section may be totally or
partly stayed by the director. In determining what action is
Reviser’s note: This section was amended by 1995 c 27 § 7 and by
1995 c 269 § 503, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
18.145.080 Certification requirements. The
department shall issue a certificate to any applicant who
meets the standards established under this chapter and who:
(1) Is holding one of the following:
(a) Certificate of proficiency, registered professional
reporter, registered merit reporter, or registered diplomate
reporter from [the] national court reporters association;
(b) Certificate of proficiency or certificate of merit from
[the] national stenomask verbatim reporters association; or
(c) A current Washington state court reporter certification; or
(2) Has passed an examination approved by the director
or an examination that meets or exceeds the standards
established by the director. [1995 c 269 § 504; 1995 c 27
§ 8; 1989 c 382 § 9.]
Reviser’s note: This section was amended by 1995 c 27 § 8 and by
1995 c 269 § 504, each without reference to the other. Both amendments
[Title 18 RCW—page 322]
18.145.090 Certification applications—Fee. Applications for certification shall be submitted on forms provided
by the department. The department may require information
and documentation to determine whether the applicant meets
the standard for certification as provided in this chapter.
Each applicant shall pay a fee determined by the director as
provided in RCW 43.24.086 which shall accompany the
application. [1995 c 27 § 9; 1989 c 382 § 10.]
18.145.100 Renewals—Late fees—Reinstatement.
The director shall establish by rule the requirements and the
renewal and late renewal fees for certification. Failure to
renew the certificate on or before the expiration date cancels
all privileges granted by the certificate. If an individual
desires to reinstate a certificate which had not been renewed
for three years or more, the individual shall satisfactorily
demonstrate continued competence in conformance with
standards determined by the director. [1989 c 382 § 11.]
(2002 Ed.)
Court Reporting Practice Act
appropriate, the director shall consider sanctions necessary
to protect the public, after which the director may consider
and include in the order requirements designed to rehabilitate
the certificate holder or applicant. All costs associated with
compliance to orders issued under this section are the
obligation of the certificate holder or applicant. [1995 c 27
§ 11; 1989 c 382 § 13.]
18.145.125 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the certificate of any person who has been
certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s
certificate shall not be reissued until the person provides the
director a written release issued by the lending agency
stating that the person is making payments on the loan in
accordance with a repayment agreement approved by the
lending agency. If the person has continued to meet all
other requirements for certification during the suspension,
reinstatement shall be automatic upon receipt of the notice
and payment of any reinstatement fee the director may
impose. [1996 c 293 § 20.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.145.127 Certificate suspension—Noncompliance
with support order—Reissuance. The director shall
immediately suspend any certificate issued under this chapter
if the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet
all other requirements for certification during the suspension,
reissuance of the certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 833.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.145.130 Unprofessional conduct. The following
conduct, acts, or conditions constitute unprofessional conduct
for any certificate holder or applicant under the jurisdiction
of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of
court reporting, whether or not the act constitutes a crime.
(2002 Ed.)
18.145.120
If the act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary
action;
(2) Misrepresentation or concealment of a material fact
in obtaining or in seeking reinstatement of a certificate;
(3) Advertising in a false, fraudulent, or misleading
manner;
(4) Incompetence or negligence;
(5) Suspension, revocation, or restriction of the
individual’s certificate, registration, or license to practice
court reporting by a regulatory authority in any state, federal,
or foreign jurisdiction;
(6) Violation of any state or federal statute or administrative rule regulating the profession;
(7) Failure to cooperate in an inquiry, investigation, or
disciplinary action by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete
explanation of the matter contained in the complaint filed
with the director;
(c) Not responding to subpoenas issued by the director,
regardless of whether the recipient of the subpoena is the
accused in the proceeding;
(8) Failure to comply with an order issued by the
director or an assurance of discontinuance entered into with
the director;
(9) Misrepresentation or fraud in any aspect of the
conduct of the business or profession;
(10) Conviction of any gross misdemeanor or felony
relating to the practice of the profession. For the purpose of
this subsection, conviction includes all instances in which a
plea of guilty or nolo contendere is the basis for conviction
and all proceedings in which the sentence has been deferred
or suspended. Nothing in this section abrogates rights
guaranteed under chapter 9.96A RCW. [1995 c 27 § 12;
1989 c 382 § 14.]
18.145.140 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 244.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.145.900 Short title. This chapter may be known
and cited as the court reporting practice act. [1995 c 27 §
13; 1989 c 382 § 15.]
18.145.910 Effective date—Implementation—1989
c 382. This act shall take effect September 1, 1989, except
that the director may immediately take such steps as are
necessary to ensure that this act is implemented on its
effective date. [1989 c 382 § 16.]
18.145.911 Severability—1989 c 382. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
[Title 18 RCW—page 323]
18.145.911
Title 18 RCW: Businesses and Professions
application of the provision to other persons or circumstances is not affected. [1989 c 382 § 17.]
Chapter 18.155
SEX OFFENDER TREATMENT PROVIDERS
Sections
18.155.010
18.155.020
18.155.030
18.155.040
18.155.050
18.155.060
18.155.070
18.155.080
18.155.090
18.155.900
18.155.901
18.155.902
Findings—Construction.
Definitions.
Certificate required.
Secretary—Authority.
Sexual offender treatment providers advisory committee.
Immunity.
Certificate—Requirements.
Standards and procedures.
Application of uniform disciplinary act.
Index, part headings not law—1990 c 3.
Severability—1990 c 3.
Effective dates—Application—1990 c 3.
18.155.010 Findings—Construction. The legislature
finds that sex offender therapists who examine and treat sex
offenders pursuant to the special sexual offender sentencing
alternative under RCW 9.94A.670 and who may treat
juvenile sex offenders pursuant to RCW 13.40.160, play a
vital role in protecting the public from sex offenders who
remain in the community following conviction. The legislature finds that the qualifications, practices, techniques, and
effectiveness of sex offender treatment providers vary widely
and that the court’s ability to effectively determine the
appropriateness of granting the sentencing alternative and
monitoring the offender to ensure continued protection of the
community is undermined by a lack of regulated practices.
The legislature recognizes the right of sex offender therapists
to practice, consistent with the paramount requirements of
public safety. Public safety is best served by regulating sex
offender therapists whose clients are being evaluated and
being treated pursuant to RCW 9.94A.670 and 13.40.160.
This chapter shall be construed to require only those sex
offender therapists who examine and treat sex offenders
pursuant to RCW 9.94A.670 and 13.40.160 to obtain a
sexual offender treatment certification as provided in this
chapter. [2000 c 171 § 32; 2000 c 28 § 37; 1990 c 3 §
801.]
Reviser’s note: This section was amended by 2000 c 28 § 37 and by
2000 c 171 § 32, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Certified sex offender treatment provider" means a
licensed, certified, or registered health professional who is
certified to examine and treat sex offenders pursuant to
chapters 9.94A and 13.40 RCW and sexually violent
predators under chapter 71.09 RCW.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health.
[Title 18 RCW—page 324]
(4) "Sex offender treatment provider" means a person
who counsels or treats sex offenders accused of or convicted
of a sex offense as defined by RCW 9.94A.030. [2001 2nd
sp.s. c 12 § 401. Prior: 2000 c 171 § 33; 2000 c 28 § 38;
1990 c 3 § 802.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.030 Certificate required. (1) No person shall
represent himself or herself as a certified sex offender
treatment provider without first applying for and receiving a
certificate pursuant to this chapter.
(2) Only a certified sex offender treatment provider may
perform or provide the following services:
(a) Evaluations conducted for the purposes of and
pursuant to RCW 9.94A.670 and 13.40.160;
(b) Treatment of convicted sex offenders who are
sentenced and ordered into treatment pursuant to chapter
9.94A RCW and adjudicated juvenile sex offenders who are
ordered into treatment pursuant to chapter 13.40 RCW;
(c) Except as provided under subsection (3) of this
section, treatment of sexually violent predators who are
conditionally released to a less restrictive alternative pursuant
to chapter 71.09 RCW.
(3) A certified sex offender treatment provider may not
perform or provide treatment of sexually violent predators
under subsection (2)(c) of this section if the certified sex
offender treatment provider has been:
(a) Convicted of a sex offense, as defined in RCW
9.94A.030;
(b) Convicted in any other jurisdiction of an offense that
under the laws of this state would be classified as a sex
offense as defined in RCW 9.94A.030; or
(c) Suspended or otherwise restricted from practicing
any health care profession by competent authority in any
state, federal, or foreign jurisdiction. [2001 2nd sp.s. c 12
§ 402. Prior: 2000 c 171 § 34; 2000 c 28 § 39; 1990 c 3
§ 803.]
Intent—Severability—Effective dates—2001 2nd sp.s. c 12: See
notes following RCW 71.09.250.
Technical correction bill—2000 c 28: See note following RCW
9.94A.015.
Headings and captions not law—Effective date—Severability—
2000 c 28: See RCW 9.94A.920, 9.94A.921, and 9.94A.922.
18.155.040 Secretary—Authority. In addition to any
other authority provided by law, the secretary shall have the
following authority:
(1) To set administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250
and 43.70.280;
(2) To establish forms necessary to administer this
chapter;
(3) To issue a certificate to any applicant who has met
the education, training, and examination requirements for
certification and deny a certificate to applicants who do not
meet the minimum qualifications for certification. Proceedings concerning the denial of certificates based on unprofes(2002 Ed.)
Sex Offender Treatment Providers
sional conduct or impaired practice shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(4) To hire clerical, administrative, and investigative
staff as needed to implement and administer this chapter and
to hire individuals including those certified under this
chapter to serve as examiners or consultants as necessary to
implement and administer this chapter;
(5) To maintain the official department record of all
applicants and certifications;
(6) To conduct a hearing on an appeal of a denial of a
certificate on the applicant’s failure to meet the minimum
qualifications for certification. The hearing shall be conducted pursuant to chapter 34.05 RCW;
(7) To issue subpoenas, statements of charges, statements of intent to deny certificates, and orders and to
delegate in writing to a designee the authority to issue
subpoenas, statements of charges, and statements of intent to
deny certificates;
(8) To determine the minimum education, work experience, and training requirements for certification, including
but not limited to approval of educational programs;
(9) To prepare and administer or approve the preparation and administration of examinations for certification;
(10) To establish by rule the procedure for appeal of an
examination failure;
(11) To adopt rules implementing a continuing competency program;
(12) To adopt rules in accordance with chapter 34.05
RCW as necessary to implement this chapter. [1996 c 191
§ 86; 1990 c 3 § 804.]
18.155.050 Sexual offender treatment providers
advisory committee. (1) The sexual offender treatment
providers advisory committee is established to advise the
secretary concerning the administration of this chapter.
(2) The secretary shall appoint the members of the
advisory committee who shall consist of the following
persons:
(a) One superior court judge;
(b) Three sexual offender treatment providers;
(c) One mental health practitioner who specializes in
treating victims of sexual assault;
(d) One defense attorney with experience in representing
persons charged with sexual offenses;
(e) One representative from the Washington association
of prosecuting attorneys;
(f) The secretary of the department of social and health
services or his or her designee;
(g) The secretary of the department of corrections or his
or her designee.
The secretary shall develop and implement the certification procedures with the advice of the committee by July 1,
1991. Following implementation of these procedures by the
secretary, the committee shall be a permanent body. The
members shall serve staggered six-year terms, to be set by
the secretary. No person other than the members representing the departments of social and health services and
corrections may serve more than two consecutive terms.
The secretary may remove any member of the advisory
committee for cause as specified by rule. In a case of a
(2002 Ed.)
18.155.040
vacancy, the secretary shall appoint a person to serve for the
remainder of the unexpired term.
(3) Committee members shall be reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
(4) The committee shall elect officers as deemed
necessary to administer its duties. A simple majority of the
committee members currently serving shall constitute a
quorum of the committee.
(5) Members of the advisory committee shall be
residents of this state. The members who are sex offender
treatment providers must have a minimum of five years of
extensive work experience in treating sex offenders to
qualify for appointment to the initial committee, which shall
develop and implement the certification program. After July
1, 1991, the sex offender treatment providers on the committee must be certified pursuant to this chapter.
(6) The committee shall meet at times as necessary to
conduct committee business. [1990 c 3 § 805.]
18.155.060 Immunity. The secretary, members of the
committee, and individuals acting on their behalf are immune
from suit in any action, civil or criminal, based on any acts
performed in the course of their duties. [1990 c 3 § 806.]
18.155.070 Certificate—Requirements. The department shall issue a certificate to any applicant who meets the
following requirements:
(1) Successful completion of an educational program
approved by the secretary or successful completion of
alternate training which meets the criteria of the secretary;
(2) Successful completion of any experience requirement
established by the secretary;
(3) Successful completion of an examination administered or approved by the secretary;
(4) Not having engaged in unprofessional conduct or
being unable to practice with reasonable skill and safety as
a result of a physical or mental impairment;
(5) Other requirements as may be established by the
secretary that impact the competence of the sex offender
treatment provider. [1990 c 3 § 807.]
18.155.080 Standards and procedures. The secretary
shall establish standards and procedures for approval of the
following:
(1) Educational programs and alternate training;
(2) Examination procedures;
(3) Certifying applicants who have a comparable
certification in another jurisdiction;
(4) Application method and forms;
(5) Requirements for renewals of certificates;
(6) Requirements of certified sex offender treatment
providers who seek inactive status;
(7) Other rules, policies, administrative procedures, and
administrative requirements as appropriate to carry out the
purposes of this chapter. [1996 c 191 § 87; 1990 c 3 § 808.]
18.155.090 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
unauthorized practice, the issuance and denial of certificates,
and the discipline of certified sex offender treatment providers under this chapter. [1990 c 3 § 809.]
[Title 18 RCW—page 325]
18.155.900
Title 18 RCW: Businesses and Professions
18.155.900 Index, part headings not law—1990 c 3.
The index and part headings used in this act do not constitute any part of the law. [1990 c 3 § 1404.]
18.155.901 Severability—1990 c 3. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 3 § 1405.]
18.155.902 Effective dates—Application—1990 c 3.
(1) Sections 101 through 131, 401 through 409, 501 through
504, 606, 707 and 708, 801 through 810, 1101 through 1104,
1201 through 1210, and 1401 through 1403 of this act are
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[February 28, 1990].
(2) Sections 201 through 203, 301 through 305, 701
through 706, and 901 through 904 shall take effect July 1,
1990, and shall apply to crimes committed on or after July
1, 1990.
(3) Sections 1001 through 1012 shall take effect July 1,
1990.
(4) Section 1301 shall take effect July 1, 1991.
(5) Sections 601 through 605, for purposes of sentencing
adult or juvenile offenders shall take effect July 1, 1990, and
shall apply to crimes or offenses committed on or after July
1, 1990. For purposes of defining a "sexually violent
offense" pursuant to section 1002(4) of this act, sections 601
through 605 of this act shall take effect July 1, 1990, and
shall apply to crimes committed on, before, or after July 1,
1990. [1990 c 3 § 1406.]
Chapter 18.160
FIRE SPRINKLER SYSTEM CONTRACTORS
Sections
18.160.010 Definitions.
18.160.020 Local government license and permit requirements—
Exemptions from chapter.
18.160.030 State director of fire protection—Duties.
18.160.040 Certificate of competency—Contractor license.
18.160.050 Renewal—Certificate of competency—Contractor license—
Fire protection contractor license fund created.
18.160.070 Local government regulation—Application to state and
government contractors.
18.160.080 Actions against certificates or licenses—Grounds—Appeal.
18.160.085 Certificate suspension—Nonpayment or default on educational loan or scholarship.
18.160.090 Surety bond—Security deposit—Venue and time limit for
actions upon bonds—Limit of liability of surety—
Payment of claims.
18.160.100 Unlicensed operations—Penalty.
18.160.110 Enforcement—Civil proceedings.
18.160.900 Prospective application.
18.160.901 Effective date—1990 c 177.
18.160.902 Severability—1990 c 177.
Criminal penalties: RCW 9.45.260.
18.160.010 Definitions. The following words or terms
shall have the meanings indicated unless the context clearly
indicates otherwise.
[Title 18 RCW—page 326]
(1) "Certificate of competency holder" means an
individual who has satisfactorily met the qualifications and
has received a certificate of competency from the state
director of fire protection under the provisions of this
chapter.
(2) "Fire protection sprinkler system contractor" means
a person or organization that offers to undertake the execution of contracts for the installation, inspection, maintenance,
or servicing of a fire protection sprinkler system or any part
of such a system.
(3) "Fire protection sprinkler system" means an assembly of underground and/or overhead piping or conduit
beginning at the connection to the primary water supply,
whether public or private, that conveys water with or without
other agents to dispersal openings or devices to extinguish,
control, or contain fire and to provide protection from
exposure to fire or other products of combustion.
(4) "Fire protection sprinkler system contractor’s
license" means the license issued by the state director of fire
protection to a fire protection sprinkler system contractor
upon an application being approved, the fee being paid, and
the satisfactory completion of the requirements of this
chapter. The license shall be issued in the name of the fire
protection sprinkler system contractor with the name or
names of the certificate of competency holder noted thereon.
(5) "NFPA 13-D" means whatever standard that is used
by the national fire protection association for the installation
of fire protection sprinkler systems in one or two-family
residential dwellings or mobile homes.
(6) "NFPA 13-R" means whatever standard that is used
by the national fire protection association for the installation
of fire protection sprinkler systems in residential dwellings
up to four stories in height.
(7) "Inspection" means a visual examination of a fire
protection sprinkler system or portion of the system to verify
that the system appears to be in operating condition and is
free from physical damage and complies with the applicable
statutes and regulations adopted by the state director of fire
protection.
(8) "Installation" means the initial placement of fire
protection sprinkler system equipment or the extension,
modification, or alteration of equipment after the initial
placement. Installation shall include the work from a street
or main water access throughout the entire building.
(9) "Maintenance" means to maintain in the condition of
repair that provides performance as originally planned.
(10) "Organization" means a corporation, partnership,
firm, or other business association, governmental entity, or
any other legal or commercial entity.
(11) "Person" means a natural person, including an
owner, manager, partner, officer, employee, or occupant.
(12) "Service" means to repair or test. [1990 c 177 §
2.]
18.160.020 Local government license and permit
requirements—Exemptions from chapter. (1) A municipality or county may not enact an order, ordinance, rule, or
regulation requiring a fire protection sprinkler system
contractor to obtain a fire sprinkler contractor license from
the municipality or county. However, a municipality or
county may require a fire protection sprinkler system
(2002 Ed.)
Fire Sprinkler System Contractors
contractor to obtain a permit and pay a fee for the installation of a fire protection sprinkler system and require the
installation of such systems to conform with the building
code or other construction requirements of the municipality
or county, but may not impose financial responsibility
requirements other than proof of a valid license.
(2) This chapter does not apply to:
(a) United States, state, and local government employees, building officials, fire marshals, fire inspectors, or
insurance inspectors when acting in their official capacities;
(b) A person or organization acting under court order;
(c) A person or organization that sells or supplies
products or materials to a licensed fire protection sprinkler
system contractor;
(d) A registered professional engineer acting solely in a
professional capacity;
(e) An employee of a licensed fire protection sprinkler
system contractor performing duties for the registered fire
protection sprinkler system contractor; and
(f) An owner/occupier of a single-family residence
performing his or her own installation in that residence.
[1990 c 177 § 3.]
18.160.030 State director of fire protection—Duties.
(1) This chapter shall be administered by the state director
of fire protection.
(2) The state director of fire protection shall have the
authority, and it shall be his or her duty to:
(a) Issue such administrative regulations as necessary for
the administration of this chapter;
(b)(i) Set reasonable fees for licenses, certificates,
testing, and other aspects of the administration of this
chapter. However, the license fee for fire protection sprinkler system contractors engaged solely in the installation,
inspection, maintenance, or servicing of NFPA 13-D fire
protection sprinkler systems shall not exceed one hundred
dollars, and the license fee for fire protection sprinkler
system contractors engaged solely in the installation, inspection, maintenance, or servicing of NFPA 13-R fire protection
sprinkler systems shall not exceed three hundred dollars;
(ii) Adopt rules establishing a special category restricted
to contractors registered under chapter 18.27 RCW who
install underground systems that service fire protection
sprinkler systems. The rules shall be adopted within ninety
days of March 31, 1992;
(c) Enforce the provisions of this chapter;
(d) Conduct investigations of complaints to determine if
any infractions of this chapter or the regulations developed
under this chapter have occurred;
(e) Assign a certificate number to each certificate of
competency holder; and
(f) Adopt rules necessary to implement and administer
a program which requires the affixation of a seal any time a
fire protection sprinkler system is installed, which seal shall
include the certificate number of any certificate of competency holder who installs, in whole or in part, the fire protection
sprinkler system. [2000 c 171 § 35; 1992 c 116 § 2; 1990
c 177 § 4.]
18.160.040 Certificate of competency—Contractor
license. (1) To become a certificate of competency holder
(2002 Ed.)
18.160.020
under this chapter, an applicant must have satisfactorily
passed an examination administered by the state director of
fire protection. A certificate of competency holder can
satisfy this examination requirement by presenting a copy of
a current certificate of competency from the national institute
for certification in engineering technologies showing that the
applicant has achieved the classification of engineering
technician level 3 or senior engineering technician level 4 in
the field of fire protection, automatic sprinkler system layout.
The state director of fire protection may accept equivalent
proof of qualification in lieu of examination. This examination requirement is mandatory except as otherwise provided
in this chapter.
(2) Every applicant for a certificate of competency shall
fulfill the requirements established by the state director of
fire protection under chapter 34.05 RCW.
(3) Every applicant for a certificate of competency shall
make application to the state director of fire protection and
pay the fees required.
(4) Provided the application for the certificate of
competency is made prior to ninety days after May 1, 1991,
the state director of fire protection, in lieu of the examination requirements of the applicant for a certificate of competency, may accept as satisfactory evidence of competency
and qualification, affidavits attesting that the applicant has
had a minimum of three years’ experience.
(5) The state director of fire protection may issue a
temporary certificate of competency to an applicant who, in
his or her judgment, will satisfactorily perform as a certificate of competency holder under the provisions of this
chapter. The temporary certificate of competency shall
remain in effect for a period of up to three years. The
temporary certificate of competency holder shall, within the
three-year period, complete the examination requirements
specified in subsection (1) of this section. There shall be no
examination exemption for an individual issued a temporary
certificate of competency. Prior to the expiration of the
three-year period, the temporary certificate of competency
holder shall make application for a regular certificate of
competency. The procedures and qualifications for issuance
of a regular certificate of competency shall be applicable to
the temporary certificate of competency holder. When a
temporary certificate of competency expires, the holder shall
cease all activities associated with the holding of a temporary certificate of competency, subject to the penalties
contained in this chapter.
(6) To become a licensed fire protection sprinkler
system contractor under this chapter, a person or firm must
comply with the following:
(a) Must be or have in his or her full-time employ a
holder of a valid certificate of competency;
(b) Comply with the minimum insurance requirements
of this chapter; and
(c) Make application to the state director of fire protection for a license and pay the fees required.
(7) Each license and certificate of competency issued
under this chapter must be posted in a conspicuous place in
the fire protection sprinkler system contractor’s place of
business.
(8) All bids, advertisements, proposals, offers, and
installation drawings for fire protection sprinkler systems
[Title 18 RCW—page 327]
18.160.040
Title 18 RCW: Businesses and Professions
must prominently display the fire protection sprinkler system
contractor’s license number.
(9) A certificate of competency or license issued under
this chapter is not transferable.
(10) In no case shall a certificate of competency holder
be employed full time by more than one fire protection
sprinkler system contractor at the same time. If the certificate of competency holder should leave the employment of
the fire protection sprinkler system contractor, he or she
must notify the state director of fire protection within thirty
days. If the certificate of competency holder should leave
the employment of the fire protection sprinkler system
contractor, the contractor shall have six months or until the
expiration of the current license, whichever occurs last, to
submit a new application identifying another certificate of
competency holder who is at the time of application an
owner of the fire protection sprinkler system business or a
full-time employee of the fire protection sprinkler system
contractor, in order to be issued a new license. If such
application is not received and a new license issued within
the allotted time, the state director of fire protection shall
revoke the license of the fire protection sprinkler system
contractor. [2000 c 171 § 36; 1990 c 177 § 5.]
18.160.050 Renewal—Certificate of competency—
Contractor license—Fire protection contractor license
fund created. (1)(a) All certificate of competency holders
that desire to continue in the fire protection sprinkler
business shall annually, prior to January 1, secure from the
state director of fire protection a renewal certificate of
competency upon payment of the fee as prescribed by the
state director of fire protection. Application for renewal
shall be upon a form prescribed by the state director of fire
protection and the certificate holder shall furnish the information required by the director.
(b) Failure of any certificate of competency holder to
secure his or her renewal certificate of competency within
sixty days after the due date shall constitute sufficient cause
for the state director of fire protection to suspend the
certificate of competency.
(c) The state director of fire protection may, upon the
receipt of payment of all delinquent fees including a late
charge, restore a certificate of competency that has been
suspended for failure to pay the renewal fee.
(d) A certificate of competency holder may voluntarily
surrender his or her certificate of competency to the state
director of fire protection and be relieved of the annual
renewal fee. After surrendering the certificate of competency, he or she shall not be known as a certificate of competency holder and shall desist from the practice thereof.
Within two years from the time of surrender of the certificate of competency, he or she may again qualify for a
certificate of competency, without examination, by the
payment of the required fee. If two or more years have
elapsed, he or she shall return to the status of a new applicant.
(2)(a) All licensed fire protection sprinkler system
contractors desiring to continue to be licensed shall annually,
prior to January 1, secure from the state director of fire
protection a renewal license upon payment of the fee as
prescribed by the state director of fire protection. Applica[Title 18 RCW—page 328]
tion for renewal shall be upon a form prescribed by the state
director of fire protection and the license holder shall furnish
the information required by the director.
(b) Failure of any license holder to secure his or her
renewal license within sixty days after the due date shall
constitute sufficient cause for the state director of fire
protection to suspend the license.
(c) The state director of fire protection may, upon the
receipt of payment of all delinquent fees including a late
charge, restore a license that has been suspended for failure
to pay the renewal fee.
(3) The initial certificate of competency or license fee
shall be prorated based upon the portion of the year such
certificate of competency or license is in effect, prior to
renewal on January 1.
(4) The fire protection contractor license fund is created
in the custody of the state treasurer. All receipts from
license and certificate fees and charges or from the money
generated by the rules and regulations promulgated under
this chapter shall be deposited into the fund. Expenditures
from the fund may be used only for purposes authorized
under this chapter. Only the state director of fire protection
or the director’s designee may authorize expenditures from
the fund. The fund is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for
expenditures. [1990 c 177 § 6.]
18.160.070 Local government regulation—
Application to state and government contractors. (1)
Nothing in this chapter limits the power of a municipality,
county, or the state to regulate the quality and character of
work performed by contractors, through a system of permits,
fees, and inspections which are designed to assure compliance with and aid in the implementation of state and local
building laws or to enforce other local laws for the protection of the public health and safety. Nothing in this chapter
limits the power of the municipality, county, or the state to
adopt any system of permits requiring submission to and
approval by the municipality, county, or the state, of technical drawings and specifications for work to be performed by
contractors before commencement of the work. The official
authorized to issue building or other related permits shall
ascertain that the fire protection sprinkler system contractor
is duly licensed by requiring evidence of a valid fire protection sprinkler system contractor’s license.
(2) This chapter applies to any fire protection sprinkler
system contractor performing work for any municipality,
county, or the state. Officials of any municipality, county,
or the state are required to determine compliance with this
chapter before awarding any contracts for the installation,
repair, service, alteration, fabrication, addition, or inspection
of a fire protection sprinkler system. [1990 c 177 § 8.]
18.160.080 Actions against certificates or licenses—
Grounds—Appeal. (1) The state director of fire protection
may refuse to issue or renew or may suspend or revoke the
privilege of a licensed fire protection sprinkler system
contractor or the certificate of a certificate of competency
holder to engage in the fire protection sprinkler system
business or in lieu thereof, establish penalties as prescribed
by Washington state law, for any of the following reasons:
(2002 Ed.)
Fire Sprinkler System Contractors
(a) Gross incompetency or gross negligence in the
preparation of technical drawings, installation, repair,
alteration, maintenance, inspection, service, or addition to
fire protection sprinkler systems;
(b) Conviction of a felony;
(c) Fraudulent or dishonest practices while engaging in
the fire protection sprinkler systems business;
(d) Use of false evidence or misrepresentation in an
application for a license or certificate of competency;
(e) Permitting his or her license to be used in connection with the preparation of any technical drawings which
have not been prepared by him or her personally or under
his or her immediate supervision, or in violation of this
chapter; or
(f) Knowingly violating any provisions of this chapter
or the regulations issued thereunder.
(2) The state director of fire protection shall revoke the
license of a licensed fire protection sprinkler system contractor or the certificate of a certificate of competency holder
who engages in the fire protection sprinkler system business
while the license or certificate of competency is suspended.
(3) The state director of fire protection shall immediately suspend any license or certificate issued under this chapter
if the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet
all other requirements for issuance or reinstatement during
the suspension, issuance or reissuance of the license or
certificate shall be automatic upon the director’s receipt of
a release issued by the department of social and health
services stating that the person is in compliance with the
order.
(4) Any licensee or certificate of competency holder
who is aggrieved by an order of the state director of fire
protection suspending or revoking a license may, within
thirty days after notice of such suspension or revocation,
appeal under chapter 34.05 RCW. This subsection does not
apply to actions taken under subsection (3) of this section.
[1997 c 58 § 834; 1990 c 177 § 10.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.160.085 Certificate suspension—Nonpayment or
default on educational loan or scholarship. The state
director of fire protection shall suspend the certificate of any
person who has been certified by a lending agency and
reported to the state director of fire protection for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for
a brief adjudicative proceeding under RCW 34.05.485
through 34.05.494 and issue a finding of nonpayment or
(2002 Ed.)
18.160.080
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. The person’s certificate
shall not be reissued until the person provides the state
director of fire protection a written release issued by the
lending agency stating that the person is making payments
on the loan in accordance with a repayment agreement
approved by the lending agency. If the person has continued
to meet all other requirements for certification during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the state
director of fire protection may impose. [1996 c 293 § 21.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.160.090 Surety bond—Security deposit—Venue
and time limit for actions upon bonds—Limit of liability
of surety—Payment of claims. (1) Before granting a
license under this chapter, the director of fire protection shall
require that the applicant file with the state director of fire
protection a surety bond issued by a surety insurer who
meets the requirements of chapter 48.28 RCW in a form
acceptable to the director of fire protection running to the
state of Washington in the penal sum of ten thousand dollars.
However, the surety bond for a fire protection sprinkler
system contractor whose business is restricted solely to
NFPA 13-D or NFPA 13-R systems shall be in the penal
sum of six thousand dollars. The bond shall be conditioned
that the applicant will pay all purchasers of fire protection
sprinkler systems with whom the applicant has a contract for
the applicant to install, inspect, maintain, or service a fire
protection sprinkler system, and who have obtained a
judgment against the applicant for the breach of such a
contract. The term "purchaser" means an owner of property
who has entered into a contract for the installation of a fire
protection sprinkler system on that property, or a contractor
who contracts to install, inspect, maintain, or service such a
system with an owner of property and subcontracts the work
to the applicant. No other person, including, but not limited
to, persons who supply labor, materials, or rental equipment
to the applicant, shall have any rights against the bond.
(2) In lieu of the surety bond required by this section
the applicant may file with the director of fire protection a
deposit consisting of cash or other security acceptable to the
director of fire protection in an amount equal to the penal
sum of the required bond. The director of fire protection
may adopt rules necessary for the proper administration of
the security.
(3) Before granting renewal of a fire protection sprinkler
system contractor’s license to any applicant, the director of
fire protection shall require that the applicant file with the
director satisfactory evidence that the surety bond or cash
deposit is in full force.
(4) Any purchaser of a fire protection sprinkler system
having a claim against the licensee for the breach of a
contract for the licensee to install, inspect, maintain, or
service a fire protection sprinkler system may bring suit
upon such bond in superior court of the county in which the
work was done or of any county in which jurisdiction of the
licensee may be had. Any such action must be brought not
later than one year after the expiration of the licensee’s
license or renewal license then in effect at the time of the
alleged breach of contract.
[Title 18 RCW—page 329]
18.160.090
Title 18 RCW: Businesses and Professions
(5) The bond shall be considered one continuous
obligation, and the surety upon the bond shall not be liable
in aggregate or cumulative amount exceeding ten thousand
dollars, or six thousand dollars if the bond was issued to a
licensee whose business is restricted solely to NFPA 13-D or
NFPA 13-R systems, regardless of the number of years the
bond is in effect, or whether it is reinstated, renewed,
reissued, or otherwise continued, and regardless of the year
in which any claim accrued. The bond shall not be liable
for any liability of the licensee for tortious acts, whether or
not such liability is imposed by statute or common law, or
is imposed by contract. The bond shall not be a substitute
or supplemental to any liability or other insurance required
by law or by the contract.
(6) If the surety desires to make payment without
awaiting court action against it, the amount of the bond shall
be reduced to the extent of any payment made by the surety
in good faith under the bond. Any payment shall be based
on final judgments received by the surety.
(7) Claims against the bond shall be satisfied from the
bond in the following order:
(a) Claims by a purchaser of a fire protection sprinkler
system for the breach of a contract for the licensee to install,
inspect, maintain, or service a fire protection sprinkler
system;
(b) Any court costs, interest, and attorneys’ fees the
plaintiff may be entitled to recover by contract, statute, or
court rule.
A condition precedent to the surety being liable to any
claimant is a final judgment against the licensee, unless the
surety desires to make payment without awaiting court
action. In the event of a dispute regarding the apportionment
of the bond proceeds among claimants, the surety may bring
an action for interpleader against all claimants upon the
bond.
(8) Any purchaser of a fire protection sprinkler system
having an unsatisfied final judgment against the licensee for
the breach of a contract for the licensee to install, inspect,
maintain, or service a fire protection sprinkler system may
execute upon the security held by the director of fire
protection by serving a certified copy of the unsatisfied final
judgment by registered or certified mail upon the director
within one year of the date of entry of such judgment. Upon
the receipt of service of such certified copy the director shall
pay or order paid from the deposit, through the registry of
the court which rendered judgment, towards the amount of
the unsatisfied judgment. The priority of payment by the
director shall be the order of receipt by the director, but the
director shall have no liability for payment in excess of the
amount of the deposit. [1991 sp.s. c 6 § 1.]
18.160.100 Unlicensed operations—Penalty. Any
fire protection sprinkler system contractor who constructs,
installs, or maintains a fire protection sprinkler system in any
occupancy, except an owner-occupied single-family dwelling,
without first obtaining a fire sprinkler contractor’s license
from the state of Washington, is guilty of a gross misdemeanor. This section may not be construed to create any
criminal liability for a prime contractor or an owner of an
occupancy unless it is proved that the prime contractor or
owner had actual knowledge of an illegal construction,
[Title 18 RCW—page 330]
installation, or maintenance of a fire protection sprinkler
system by a fire protection sprinkler system contractor.
[1992 c 116 § 3.]
Wrongful acts by contractor, criminal penalty: RCW 9.45.260.
18.160.110 Enforcement—Civil proceedings. Civil
proceedings to enforce this chapter may be brought by the
attorney general or the prosecuting attorney of any county
where a violation occurs on his or her own motion or at the
request of the state director of fire protection. [1992 c 116
§ 4.]
18.160.900 Prospective application. This chapter
applies prospectively only and not retroactively. A municipal or county order, ordinance, rule, or regulation that is in
effect as of May 1, 1991, is not invalid because of the
provisions of this chapter. This chapter does not prohibit
municipalities or counties from adopting stricter guidelines
that will assure the proper installation of fire sprinkler
systems within their jurisdictions. [1990 c 177 § 12.]
18.160.901 Effective date—1990 c 177. RCW
18.160.010 through 18.160.080 shall take effect May 1,
1991. [1990 c 177 § 13.]
18.160.902 Severability—1990 c 177. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 c 177 § 14.]
Chapter 18.165
PRIVATE INVESTIGATORS
(Formerly: Private detectives)
Sections
18.165.010
18.165.020
18.165.030
18.165.040
18.165.050
18.165.060
18.165.070
18.165.080
18.165.090
18.165.100
18.165.110
18.165.120
18.165.130
18.165.140
18.165.150
18.165.155
18.165.160
18.165.165
18.165.170
18.165.180
18.165.190
18.165.200
18.165.210
Definitions.
Exemptions.
Private investigator license—Requirements.
Armed private investigator license—Requirements.
Private investigator agency license—Requirements, restrictions—Assignment or transfer.
Armed private investigator license authority—Registration of
firearms.
Investigation of applicants.
License cards and certificates—Issuance and requirements.
Preassignment training and testing.
Agency license—Surety bond or certificate of insurance
required.
Regulatory provisions exclusive—Authority of the state and
political subdivisions.
Out-of-state private investigators operating across state lines.
Required notice of certain occurrences.
Out-of-state private investigators—Application—Fee—
Temporary assignment.
Licenses required—Use of public law enforcement insignia
prohibited—Penalties—Enforcement.
Transfer of license.
Prohibited acts.
Display of firearms while soliciting clients.
Authority of director.
Complaints—Investigation—Immunity.
Violations—Statement of charges—Hearings.
Application of administrative procedure act to hearings.
Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—
(2002 Ed.)
Private Investigators
18.165.220
18.165.230
18.165.240
18.165.250
18.165.260
18.165.270
18.165.280
18.165.290
18.165.300
18.165.900
18.165.901
Mental or physical examinations—Presumed consent for
examination.
Unprofessional, unlawful conduct or inability to practice—
Penalties.
Enforcement of orders for payment of fines.
Unlicensed practice—Complaints—Director’s authority—
Injunctions—Penalty.
Violation of injunction—Penalty.
Immunity.
Application of administrative procedure act to acts of the
director.
License or certificate suspension—Nonpayment or default
on educational loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Uniform regulation of business and professions act.
Severability—1991 c 328.
Severability—Effective date—1995 c 277.
18.165.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Armed private investigator" means a private
investigator who has a current firearms certificate issued by
the commission and is licensed as an armed private investigator under this chapter.
(2) "Chief law enforcement officer" means the elected
or appointed police administrator of a municipal, county, or
state police or sheriff’s department that has full law enforcement powers in its jurisdiction.
(3) "Commission" means the criminal justice training
commission established in chapter 43.101 RCW.
(4) "Department" means the department of licensing.
(5) "Director" means the director of the department of
licensing.
(6) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or
an agent of any of the foregoing that employs or seeks to
enter into an arrangement to employ any person as a private
investigator.
(7) "Firearms certificate" means a certificate issued by
the commission.
(8) "Forensic scientist" or "accident reconstructionist"
means a person engaged exclusively in collecting and
analyzing physical evidence and data relating to an accident
or other matter and compiling such evidence or data to
render an opinion of likely cause, fault, or circumstance of
the accident or matter.
(9) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(10) "Principal" of a private investigator agency means
the owner or manager appointed by a corporation.
(11) "Private investigator" means a person who is
licensed under this chapter and is employed by a private
investigator agency for the purpose of investigation, escort
or body guard services, or property loss prevention activities.
(12) "Private investigator agency" means a person or
entity licensed under this chapter and engaged in the
business of detecting, discovering, or revealing one or more
of the following:
(a) Crime, criminals, or related information;
(2002 Ed.)
Chapter 18.165
(b) The identity, habits, conduct, business, occupation,
honesty, integrity, credibility, knowledge, trustworthiness,
efficiency, loyalty, activity, movement, whereabouts, affiliations, associations, transactions, acts, reputation, or character
of any person or thing;
(c) The location, disposition, or recovery of lost or
stolen property;
(d) The cause or responsibility for fires, libels, losses,
accidents, or damage or injury to persons or to property;
(e) Evidence to be used before a court, board, officer,
or investigative committee;
(f) Detecting the presence of electronic eavesdropping
devices; or
(g) The truth or falsity of a statement or representation.
(13) "Qualifying agent" means an officer or manager of
a corporation who meets the requirements set forth in this
chapter for obtaining a private investigator agency license.
(14) "Sworn peace officer" means a person who is an
employee of the federal government, the state, or a political
subdivision, agency, or department branch of a municipality
or other unit of local government, and has law enforcement
powers. [1995 c 277 § 17; 1991 c 328 § 1.]
18.165.020 Exemptions. The requirements of this
chapter do not apply to:
(1) A person who is employed exclusively or regularly
by one employer and performs investigations solely in
connection with the affairs of that employer, if the employer
is not a private investigator agency;
(2) An officer or employee of the United States or of
this state or a political subdivision thereof, while engaged in
the performance of the officer’s official duties;
(3) A person engaged exclusively in the business of
obtaining and furnishing information about the financial
rating of persons;
(4) An attorney at law while performing the attorney’s
duties as an attorney;
(5) A licensed collection agency or its employee, while
acting within the scope of that person’s employment and
making an investigation incidental to the business of the
agency;
(6) Insurers, agents, and insurance brokers licensed by
the state, while performing duties in connection with
insurance transacted by them;
(7) A bank subject to the jurisdiction of the department
of financial institutions or the comptroller of currency of the
United States, or a savings and loan association subject to
the jurisdiction of this state or the federal home loan bank
board;
(8) A licensed insurance adjuster performing the
adjuster’s duties within the scope of the adjuster’s license;
(9) A secured creditor engaged in the repossession of
the creditor’s collateral, or a lessor engaged in the repossession of leased property in which it claims an interest;
(10) A person who is a forensic scientist, accident
reconstructionist, or other person who performs similar
functions and does not hold himself or herself out to be an
investigator in any other capacity; or
(11) A person solely engaged in the business of securing
information about persons or property from public records.
[2000 c 171 § 37; 1995 c 277 § 18; 1991 c 328 § 2.]
[Title 18 RCW—page 331]
18.165.030
Title 18 RCW: Businesses and Professions
18.165.030 Private investigator license—
Requirements. An applicant must meet the following
minimum requirements to obtain a private investigator
license:
(1) Be at least eighteen years of age;
(2) Be a citizen or resident alien of the United States;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s particular
crime directly relates to his or her capacity to perform the
duties of a private investigator and the director determines
that the license should be withheld to protect the citizens of
Washington state. The director shall make her or his
determination to withhold a license because of previous
convictions notwithstanding the restoration of employment
rights act, chapter 9.96A RCW;
(4) Be employed by or have an employment offer from
a private investigator agency or be licensed as a private
investigator agency;
(5) Submit a set of fingerprints;
(6) Pay the required nonrefundable fee for each application; and
(7) Submit a fully completed application that includes
proper identification on a form prescribed by the director for
each company of employment. [1995 c 277 § 19; 1991 c
328 § 3.]
18.165.040 Armed private investigator license—
Requirements. (1) An applicant must meet the following
minimum requirements to obtain an armed private investigator license:
(a) Be licensed as a private investigator;
(b) Be at least twenty-one years of age;
(c) Have a current firearms certificate issued by the
commission;
(d) Have a license to carry a concealed pistol; and
(e) Pay the fee established by the director.
(2) The armed private investigator license may take the
form of an endorsement to the private investigator license if
deemed appropriate by the director. [1995 c 277 § 21; 1991
c 328 § 4.]
18.165.050 Private investigator agency license—
Requirements, restrictions—Assignment or transfer. (1)
In addition to meeting the minimum requirements to obtain
a license as a private investigator, an applicant, or, in the
case of a partnership or limited partnership, each partner, or,
in the case of a corporation, the qualifying agent must meet
the following additional requirements to obtain a private
investigator agency license:
(a) Pass an examination determined by the director to
measure the person’s knowledge and competence in the
private investigator agency business; or
(b) Have had at least three years’ experience in investigative work or its equivalent as determined by the director.
A year’s experience means not less than two thousand hours
of actual compensated work performed before the filing of
an application. An applicant shall substantiate the experience by written certifications from previous employers. If
the applicant is unable to supply written certifications from
previous employers, applicants may offer written certifications from professional persons other than employers who,
[Title 18 RCW—page 332]
based on personal professional knowledge, can substantiate
the employment.
(2) An agency license issued pursuant to this section
may not be assigned or transferred without prior written
approval of the director.
(3) No license to own or operate a private investigator
company may be issued to an applicant if the name of the
company portrays the company as a public law enforcement
agency, or in association with a public law enforcement
agency, or includes the word "police." [1995 c 277 § 22;
1991 c 328 § 5.]
18.165.060 Armed private investigator license
authority—Registration of firearms. (1) An armed private
investigator license grants authority to the holder, while in
the performance of his or her duties, to carry a firearm with
which the holder has met the proficiency requirements
established by the commission.
(2) All firearms carried by armed private investigators
in the performance of their duties must be owned by the
employer and, if required by law, must be registered with the
proper government agency. [1995 c 277 § 23; 1991 c 328
§ 6.]
18.165.070 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed
with the director on a form provided by the director. The
director may require any information and documentation that
reasonably relates to the need to determine whether the
applicant meets the criteria.
(2) After receipt of an application for a license, the
director shall conduct an investigation to determine whether
the facts set forth in the application are true and shall request
that the Washington state patrol compare the fingerprints
submitted with the application to fingerprint records available to the Washington state patrol. The Washington state
patrol shall forward the fingerprints of applicants for an
armed private investigator license to the federal bureau of
investigation for a national criminal history records check.
The director may require that fingerprint cards of licensees
be periodically reprocessed to identify criminal convictions
subsequent to registration.
(3) The director shall solicit comments from the chief
law enforcement officer of the county and city or town in
which the applicant’s employer is located on issuance of a
permanent private investigator license.
(4) A summary of the information acquired under this
section, to the extent that it is public information, may be
forwarded by the department to the applicant’s employer.
[1995 c 277 § 25; 1991 c 328 § 7.]
18.165.080 License cards and certificates—Issuance
and requirements. (1) The director shall issue a private
investigator license card to each licensed private investigator
and an armed private investigator license card to each armed
private investigator.
(a) The license card may not be used as security
clearance.
(b) A private investigator shall carry the license card
whenever he or she is performing the duties of a private
investigator and shall exhibit the card upon request.
(2002 Ed.)
Private Investigators
(c) An armed private investigator shall carry the license
card whenever he or she is performing the duties of an
armed private investigator and shall exhibit the card upon
request.
(2) The director shall issue a license certificate to each
licensed private investigator agency.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license
certificate to knowingly and willfully post the license
certificate upon premises other than those described in the
license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee,
the address of record, and the license number as they appear
in the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee’s officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1995 c 277 § 26; 1991 c
328 § 8.]
18.165.090 Preassignment training and testing. (1)
The director shall adopt rules establishing preassignment
training and testing requirements. The director may establish, by rule, continuing education requirements for private
investigators.
(2) The director shall consult with the private investigator industry and law enforcement before adopting or amending the preassignment training or continuing education
requirements of this section. [1995 c 277 § 27; 1991 c 328
§ 9.]
18.165.100 Agency license—Surety bond or certificate of insurance required. (1) No private investigator
agency license may be issued under the provisions of this
chapter unless the applicant files with the director a surety
bond, executed by a surety company authorized to do
business in this state, in the sum of ten thousand dollars
conditioned to recover against the principal and its servants,
officers, agents, and employees by reason of its wrongful or
illegal acts in conducting business licensed under this
chapter. The bond shall be made payable to the state of
Washington, and anyone so injured by the principal or its
servants, officers, agents, or employees shall have the right
and shall be permitted to sue directly upon this obligation in
his or her own name. This obligation shall be subject to
successive suits for recovery until the face amount is
completely exhausted.
(2) Every licensee must at all times maintain on file
with the director the surety bond required by this section in
full force and effect. Upon failure by a licensee to do so,
the director shall suspend the licensee’s license and shall not
reinstate the license until this requirement is met.
(3) In lieu of posting bond, a licensed private investigator agency may file with the director a certificate of insurance as evidence that it has comprehensive general liability
coverage of at least twenty-five thousand dollars for bodily
(2002 Ed.)
18.165.080
or personal injury and twenty-five thousand dollars for
property damage.
(4) The director may approve alternative methods of
guaranteeing financial responsibility. [1995 c 277 § 28;
1991 c 328 § 10.]
18.165.110 Regulatory provisions exclusive—
Authority of the state and political subdivisions. (1) The
provisions of this chapter relating to the licensing for
regulatory purposes of private investigators, armed private
investigators, and private investigator agencies are exclusive.
No governmental subdivision of this state may enact any
laws or rules licensing for regulatory purposes such persons,
except as provided in subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a
political subdivision of this state from levying a business fee,
business and occupation tax, or other tax upon private
investigator agencies if such fees or taxes are levied by the
state on other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing for
regulatory purposes private investigator agencies with respect
to activities that are not regulated under this chapter. [1995
c 277 § 29; 1991 c 328 § 11.]
18.165.120 Out-of-state private investigators
operating across state lines. Private investigators or armed
private investigators whose duties require them to operate
across state lines may operate in this state for up to thirty
days per year, if they are properly registered and certified in
another state with training and certification requirements that
the director finds are at least equal to the requirements of
this state. [1995 c 277 § 30; 1991 c 328 § 12.]
18.165.130 Required notice of certain occurrences.
(1) A private investigator agency shall notify the director
within thirty days after the death or termination of employment of any employee who is a licensed private investigator
or armed private investigator by returning the license to the
department with the word "terminated" written across the
face of the license, the date of termination, and the signature
of the principal of the private investigator company.
(2) A private investigator agency shall notify the
director within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the agency
is located immediately upon receipt of information affecting
a licensed private investigator’s or armed private
investigator’s continuing eligibility to hold a license under
the provisions of this chapter.
(3) A private investigator company shall notify the local
law enforcement agency whenever an employee who is an
armed private investigator discharges his or her firearm
while on duty other than on a supervised firearm range. The
notification shall be made within ten business days of the
date the firearm is discharged. [2000 c 171 § 38; 1995 c
277 § 31; 1991 c 328 § 13.]
18.165.140 Out-of-state private investigators—
Application—Fee—Temporary assignment. (1) Any
person from another state that the director determines has
selection, training, and other requirements at least equal to
[Title 18 RCW—page 333]
18.165.140
Title 18 RCW: Businesses and Professions
those required by this chapter, and who holds a valid license,
registration, identification, or similar card issued by the other
state, may apply for a private investigator license card or
armed private investigator license card on a form prescribed
by the director. Upon receipt of an application fee to be
determined by the director, the director shall issue the
individual a private investigator license card or armed private
investigator license card.
(2) A valid license, registration, identification, or similar
card issued by any other state of the United States is valid
in this state for a period of ninety days, but only if the
licensee is on temporary assignment for the same employer
that employs the licensee in the state in which he or she is
a permanent resident.
(3) A person from another state on temporary assignment in Washington may not solicit business in this state or
represent himself or herself as licensed in this state. [1995
c 277 § 32; 1991 c 328 § 14.]
18.165.150 Licenses required—Use of public law
enforcement insignia prohibited—Penalties—
Enforcement. (1) After June 30, 1992, any person who
performs the functions and duties of a private investigator in
this state without being licensed in accordance with the
provisions of this chapter, or any person presenting or
attempting to use as his or her own the license of another, or
any person who gives false or forged evidence of any kind
to the director in obtaining a license, or any person who
falsely impersonates any other licensee, or any person who
attempts to use an expired or revoked license, or any person
who violates any of the provisions of this chapter is guilty
of a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross
misdemeanor if he or she owns or operates a private investigator agency in this state without first obtaining a private
investigator agency license.
(3) After June 30, 1992, the owner or qualifying agent
of a private investigator agency is guilty of a gross misdemeanor if he or she employs any person to perform the
duties of a private investigator without the employee having
in his or her possession a permanent private investigator
license issued by the department. This shall not preclude a
private investigator agency from requiring applicants to
attend preassignment training classes or from paying wages
for attending the required preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross
misdemeanor if he or she performs the functions and duties
of an armed private investigator in this state unless the
person holds a valid armed private investigator license issued
by the department.
(5) After June 30, 1992, it is a gross misdemeanor for
a private investigator agency to hire, contract with, or
otherwise engage the services of an unlicensed armed private
investigator knowing that the private investigator does not
have a valid armed private investigator license issued by the
director.
(6) It is a gross misdemeanor for a person to possess or
use any vehicle or equipment displaying the word "police"
or "law enforcement officer" or having any sign, shield,
marking, accessory, or insignia that indicates that the
[Title 18 RCW—page 334]
equipment or vehicle belongs to a public law enforcement
agency.
(7) It is the duty of all officers of the state and political
subdivisions thereof to enforce the provisions of this chapter.
The attorney general shall act as legal adviser of the director,
and render such legal assistance as may be necessary in
carrying out the provisions of this chapter. [1995 c 277 §
33; 1991 c 328 § 15.]
18.165.155 Transfer of license. A licensee who
transfers from one company to another must submit a
transfer application on a form prescribed by the director
along with a transfer fee established by the director. [1995
c 277 § 20.]
18.165.160 Prohibited acts. (Effective until January
1, 2003.) The following acts are prohibited and constitute
grounds for disciplinary action, assessing administrative
penalties, or denial, suspension, or revocation of any license
under this chapter, as deemed appropriate by the director:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Knowingly making a material misstatement or
omission in the application for or renewal of a license or
firearms certificate, including falsifying requested identification information;
(3) Not meeting the qualifications set forth in RCW
18.165.030, 18.165.040, or 18.165.050;
(4) Failing to return immediately on demand a firearm
issued by an employer;
(5) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private investigator
license, or carrying a firearm not meeting the provisions of
this chapter while in the performance of his or her duties;
(6) Failing to return immediately on demand company
identification, badges, or other items issued to the private
investigator by an employer;
(7) Making any statement that would reasonably cause
another person to believe that the private investigator is a
sworn peace officer;
(8) Divulging confidential information obtained in the
course of any investigation to which he or she was assigned;
(9) Acceptance of employment that is adverse to a client
or former client and relates to a matter about which a
licensee has obtained confidential information by reason of
or in the course of the licensee’s employment by the client;
(10) Conviction of a gross misdemeanor or felony or the
commission of any act involving moral turpitude, dishonesty,
or corruption whether the act constitutes a crime or not. If
the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is
conclusive evidence at the ensuing disciplinary hearing of
the guilt of the license holder or applicant of the crime
described in the indictment or information, and of the
person’s violation of the statute on which it is based. For
the purposes of this section, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
the conviction and all proceedings in which the sentence has
been deferred or suspended;
(11) Advertising that is false, fraudulent, or misleading;
(2002 Ed.)
Private Investigators
(12) Incompetence or negligence that results in injury to
a person or that creates an unreasonable risk that a person
may be harmed;
(13) Suspension, revocation, or restriction of the
individual’s license to practice the profession by competent
authority in any state, federal, or foreign jurisdiction, a
certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or
restriction;
(14) Failure to cooperate with the director by:
(a) Not furnishing any necessary papers or documents
requested by the director for purposes of conducting an
investigation for disciplinary action, denial, suspension, or
revocation of a license under this chapter;
(b) Not furnishing in writing a full and complete
explanation covering the matter contained in a complaint
filed with the department; or
(c) Not responding to subpoenas issued by the director,
whether or not the recipient of the subpoena is the accused
in the proceeding;
(15) Failure to comply with an order issued by the
director or an assurance of discontinuance entered into with
the director;
(16) Aiding or abetting an unlicensed person to practice
if a license is required;
(17) Misrepresentation or fraud in any aspect of the
conduct of the business or profession;
(18) Failure to adequately supervise employees to the
extent that the public health or safety is at risk;
(19) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
director or the director’s authorized representative, or by the
use of threats or harassment against any client or witness to
prevent them from providing evidence in a disciplinary
proceeding or any other legal action;
(20) Assigning or transferring any license issued
pursuant to the provisions of this chapter, except as provided
in RCW 18.165.050;
(21) Assisting a client to locate, trace, or contact a
person when the investigator knows that the client is
prohibited by any court order from harassing or contacting
the person whom the investigator is being asked to locate,
trace, or contact, as it pertains to domestic violence, stalking,
or minor children;
(22) Failure to maintain bond or insurance;
(23) Failure to have a qualifying principal in place; or
(24) Being certified as not in compliance with a support
order or a *residential or visitation order as provided in
RCW 74.20A.320. [1997 c 58 § 835; 1995 c 277 § 34;
1991 c 328 § 16.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
(2002 Ed.)
18.165.160
18.165.160 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the director may take
disciplinary action for the following conduct, acts, or
conditions:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Making a material misstatement or omission in the
application for or renewal of a firearms certificate, including
falsifying requested identification information;
(3) Not meeting the qualifications set forth in RCW
18.165.030, 18.165.040, or 18.165.050;
(4) Failing to return immediately on demand a firearm
issued by an employer;
(5) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private investigator
license, or carrying a firearm not meeting the provisions of
this chapter while in the performance of his or her duties;
(6) Failing to return immediately on demand company
identification, badges, or other items issued to the private
investigator by an employer;
(7) Making any statement that would reasonably cause
another person to believe that the private investigator is a
sworn peace officer;
(8) Divulging confidential information obtained in the
course of any investigation to which he or she was assigned;
(9) Acceptance of employment that is adverse to a client
or former client and relates to a matter about which a
licensee has obtained confidential information by reason of
or in the course of the licensee’s employment by the client;
(10) Assigning or transferring any license issued
pursuant to the provisions of this chapter, except as provided
in RCW 18.165.050;
(11) Assisting a client to locate, trace, or contact a
person when the investigator knows that the client is
prohibited by any court order from harassing or contacting
the person whom the investigator is being asked to locate,
trace, or contact, as it pertains to domestic violence, stalking,
or minor children;
(12) Failure to maintain bond or insurance;
(13) Failure to have a qualifying principal in place; or
(14) Being certified as not in compliance with a support
order as provided in RCW 74.20A.320. [2002 c 86 § 245;
1997 c 58 § 835; 1995 c 277 § 34; 1991 c 328 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.165.165 Display of firearms while soliciting
clients. No licensee, employee or agent of a licensee, or
anyone accompanying a licensee, employee, or agent may
display a firearm while soliciting a client. [1995 c 277 §
24.]
[Title 18 RCW—page 335]
18.165.170
Title 18 RCW: Businesses and Professions
18.165.170 Authority of director. (Effective until
January 1, 2003.) The director has the following authority
in administering this chapter:
(1) To adopt, amend, and rescind rules as deemed
necessary to carry out this chapter;
(2) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under
this chapter;
(3) To take or cause depositions to be taken and use
other discovery procedures as needed in an investigation,
hearing, or proceeding held under this chapter;
(4) To compel attendance of witnesses at hearings;
(5) In the course of investigating a complaint or report
of unprofessional conduct, to conduct practice reviews;
(6) To take emergency action ordering summary
suspension of a license, or restriction or limitation of the
licensee’s practice pending proceedings by the director;
(7) To use the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings.
However, the director or the director’s designee shall make
the final decision in the hearing;
(8) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(9) To adopt standards of professional conduct or
practice;
(10) In the event of a finding of unprofessional conduct
by an applicant or license holder, to impose sanctions against
a license applicant or license holder as provided by this
chapter;
(11) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action;
(12) To designate individuals authorized to sign subpoenas and statements of charges;
(13) To employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter;
(14) To compel attendance of witnesses at hearings; and
(15) To assess administrative penalties for violations of
law, rules, or regulations. [1995 c 277 § 35; 1991 c 328 §
17.]
18.165.170 Authority of director. (Effective January
1, 2003.) The director has the following authority in
administering this chapter:
(1) To adopt, amend, and rescind rules as deemed
necessary to carry out this chapter;
(2) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(3) To adopt standards of professional conduct or
practice;
(4) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
[Title 18 RCW—page 336]
question and an agreement to not violate the stated provision.
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action; and
(5) To employ such administrative and clerical staff as
necessary for the enforcement of this chapter. [2002 c 86 §
246; 1995 c 277 § 35; 1991 c 328 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.165.180 Complaints—Investigation—Immunity.
A person, including but not limited to consumers, licensees,
corporations, organizations, and state and local governmental
agencies, may submit a written complaint to the department
charging a license holder or applicant with unprofessional or
unlawful conduct and specifying the grounds for the charge.
If the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal
complaint, that a license holder or applicant may have
engaged in unprofessional or unlawful conduct, the director
shall investigate to determine if there has been unprofessional or unlawful conduct. A person who files a complaint
under this section in good faith is immune from suit in any
civil action related to the filing or contents of the complaint.
[1995 c 277 § 36; 1991 c 328 § 18.]
18.165.190 Violations—Statement of charges—
Hearings. (Effective until January 1, 2003.) (1) If the
director determines, upon investigation, that there is reason
to believe a violation of this chapter has occurred, a statement of charges shall be prepared and served upon the
license holder or applicant and notice of this action given to
the owner or qualifying agent of the employing private
investigator agency. The statement of charges shall be
accompanied by a notice that the license holder or applicant
may request a hearing to contest the charges. The license
holder or applicant must file a request for hearing with the
department within twenty days after being served the
statement of charges. The failure to request a hearing
constitutes a default, whereupon the director may enter an
order pursuant to RCW 34.05.440.
(2) If a hearing is requested, the time of the hearing
shall be scheduled but the hearing shall not be held earlier
than thirty days after service of the charges upon the license
holder or applicant. A notice of hearing shall be issued at
least twenty days prior to the hearing, specifying the time,
date, and place of the hearing. [1995 c 277 § 37; 1991 c
328 § 19.]
18.165.200 Application of administrative procedure
act to hearings. (Effective until January 1, 2003.) The
procedures governing adjudicative proceedings before
agencies under chapter 34.05 RCW, the administrative
procedure act, govern all hearings before the director. [1991
c 328 § 20.]
18.165.210 Inability to practice by reason of a
mental or physical condition—Statement of charges—
Hearing—Sanctions—Mental or physical examinations—
(2002 Ed.)
Private Investigators
Presumed consent for examination. (1) If the director
believes a license holder or applicant may be unable to
practice with reasonable skill and safety to the public by
reason of any mental or physical condition, a statement of
charges shall be served on the license holder or applicant
and notice shall also be issued providing an opportunity for
a hearing. The hearing shall be limited to the sole issue of
the capacity of the license holder or applicant to practice
with reasonable skill or safety. If the director determines
that the license holder or applicant is unable to practice with
reasonable skill and safety for one of the reasons stated in
this subsection, the director shall impose such sanctions as
are deemed necessary to protect the public.
(2) In investigating or adjudicating a complaint or report
that a license holder or applicant may be unable to practice
with reasonable skill or safety by reason of a mental or
physical condition, the department may require a license
holder or applicant to submit to a mental or physical
examination by one or more licensed or certified health
professionals designated by the director. The cost of the
examinations ordered by the department shall be paid by the
department. In addition to any examinations ordered by the
department, the licensee may submit physical or mental
examination reports from licensed or certified health professionals of the license holder’s or applicant’s choosing and
expense. Failure of the license holder or applicant to submit
to examination when directed constitutes grounds for
immediate suspension or withholding of the license, consequent upon which a default and final order may be entered
without the taking of testimony or presentations of evidence,
unless the failure was due to circumstances beyond the
person’s control. A determination by a court of competent
jurisdiction that a license holder or applicant is mentally
incompetent or mentally ill is presumptive evidence of the
license holder’s or applicant’s inability to practice with
reasonable skill and safety. An individual affected under this
section shall at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent
practice with reasonable skill and safety to the public.
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by
making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental,
physical, or psychological examination if directed in writing
by the department and further to have waived all objections
to the admissibility or use of the examining health
professional’s testimony or examination reports by the
director on the ground that the testimony or reports constitute hearsay or privileged communications. [1991 c 328 §
21.]
18.165.220 Unprofessional, unlawful conduct or
inability to practice—Penalties. Upon a finding that a
license holder or applicant has committed unprofessional or
unlawful conduct or is unable to practice with reasonable
skill and safety due to a physical or mental condition, the
director may issue an order providing for one or any
combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(2002 Ed.)
18.165.210
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) Monitoring of the practice by a supervisor approved
by the director;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a
designated period of time;
(8) Withholding a license request;
(9) Other corrective action;
(10) Refund of fees billed to and collected from the
consumer; or
(11) Assessing administrative penalties.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with
compliance with orders issued under this section are the
obligation of the license holder or applicant. [1995 c 277 §
38; 1991 c 328 § 22.]
18.165.230 Enforcement of orders for payment of
fines. If an order for payment of a fine is made as a result
of a hearing and timely payment is not made as directed in
the final order, the director may enforce the order for
payment in the superior court in the county in which the
hearing was held. This right of enforcement shall be in
addition to any other rights the director may have as to a
licensee ordered to pay a fine but shall not be construed to
limit a licensee’s ability to seek judicial review.
In an action for enforcement of an order of payment of
a fine, the director’s order is conclusive proof of the validity
of the order of payment of a fine and the terms of payment.
[1991 c 328 § 23.]
18.165.240 Unlicensed practice—Complaints—
Director’s authority—Injunctions—Penalty. (Effective
until January 1, 2003.) (1) The director shall investigate
complaints concerning practice by unlicensed persons of a
profession or business for which a license is required by this
chapter. In the investigation of the complaints, the director
shall have the same authority as provided the director under
RCW 18.165.190. The director shall issue a cease and desist
order to a person after notice and hearing and upon a
determination that the person has violated this subsection.
If the director makes a written finding of fact that the public
interest will be irreparably harmed by delay in issuing an
order, the director may issue a temporary cease and desist
order. The cease and desist order shall not relieve the
person practicing or operating a business without a license
from criminal prosecution therefor, but the remedy of a
cease and desist order shall be in addition to any criminal
liability. The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and
desist order may be used in addition to, or as an alternative
to, any provisions for enforcement of agency orders.
(2) The attorney general, a county prosecuting attorney,
the director, or any person may, in accordance with the law
of this state governing injunctions, maintain an action in the
name of this state to enjoin any person practicing a profession or business for which a license is required by this
chapter without a license from engaging in such practice or
[Title 18 RCW—page 337]
18.165.240
Title 18 RCW: Businesses and Professions
operating such business until the required license is secured.
However, the injunction shall not relieve the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be
in addition to any criminal liability.
(3) Unlicensed practice of a profession or operating a
business for which a license is required by this chapter,
unless otherwise exempted by law, constitutes a gross
misdemeanor. [1995 c 277 § 39; 1991 c 328 § 24.]
18.165.250 Violation of injunction—Penalty.
(Effective until January 1, 2003.) A person or business that
violates an injunction issued under this chapter shall pay a
civil penalty, as determined by the court, of not more than
twenty-five thousand dollars, which shall be paid to the
department. For the purpose of this section, the superior
court issuing any injunction shall retain jurisdiction and the
cause shall be continued, and in such cases the attorney
general acting in the name of the state may petition for the
recovery of civil penalties. [1991 c 328 § 25.]
18.165.260 Immunity. (Effective until January 1,
2003.) The director or individuals acting on the director’s
behalf are immune from suit in any action, civil or criminal,
based on disciplinary proceedings or other official acts
performed in the course of their duties in the administration
and enforcement of this chapter. [1991 c 328 § 26.]
18.165.270 Application of administrative procedure
act to acts of the director. The director, in implementing
and administering the provisions of this chapter, shall act in
accordance with the administrative procedure act, chapter
34.05 RCW. [1991 c 328 § 27.]
18.165.280 License or certificate suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the license or certificate of
any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s license or certificate shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure or certification during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of
any reinstatement fee the director may impose. [1996 c 293
§ 22.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.165.290 License suspension—Noncompliance
with support order—Reissuance. The director shall
immediately suspend a license issued under this chapter if
[Title 18 RCW—page 338]
the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet
all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 836.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.165.300 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 247.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.165.900 Severability—1991 c 328. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 328 § 29.]
18.165.901 Severability—Effective date—1995 c 277.
See RCW 18.170.901 and 18.170.902.
Chapter 18.170
SECURITY GUARDS
Sections
18.170.010
18.170.020
18.170.030
18.170.040
18.170.050
18.170.060
18.170.070
18.170.080
18.170.090
18.170.100
18.170.110
18.170.120
18.170.130
18.170.140
Definitions.
Exemptions.
Security guard license—Requirements.
Armed private security guard license—Requirements.
Armed private security guard license authority—Registration
of firearms.
Private security company license—Requirements, restrictions—Qualifying agent—Assignment or transfer of
license.
License cards and certificates—Issuance and requirements.
Licensed private security companies—Certificate of insurance required.
Temporary registration cards—Requirements—Expiration—
Suspension.
Preassignment training and testing.
Required notice of certain occurrences.
Out-of-state licensees—Application—Fee—Temporary assignment.
Investigation of applicants.
Regulatory provisions exclusive—Authority of the state and
political subdivisions.
(2002 Ed.)
Security Guards
18.170.150 Out-of-state private security guards operating across state
lines.
18.170.160 Licenses required—Use of public law enforcement insignia
prohibited—Penalties—Enforcement.
18.170.163 License or certificate suspension—Nonpayment or default
on educational loan or scholarship.
18.170.164 License suspension—Noncompliance with support order—
Reissuance.
18.170.165 Transfer of license.
18.170.170 Prohibited acts.
18.170.175 Display of firearms while soliciting clients.
18.170.180 Authority of director.
18.170.190 Complaints—Investigation—Immunity.
18.170.200 Violations—Statement of charges—Hearings.
18.170.210 Application of administrative procedure act to hearings.
18.170.220 Inability to practice by reason of a mental or physical condition—Statement of charges—Hearing—Sanctions—
Examinations—Presumed consent.
18.170.230 Unprofessional conduct or inability to practice—Penalties.
18.170.240 Enforcement of orders for payment of fines.
18.170.250 Unlicensed practice—Complaints—Director’s authority—
Injunctions—Penalty.
18.170.260 Violation of injunction—Penalty.
18.170.270 Immunity.
18.170.280 Application of administrative procedure act to acts of the
director.
18.170.290 Uniform regulation of business and professions act.
18.170.900 Severability—1991 c 334.
18.170.901 Severability—1995 c 277.
18.170.902 Effective date—1995 c 277.
18.170.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Armed private security guard" means a private
security guard who has a current firearms certificate issued
by the commission and is licensed as an armed private
security guard under this chapter.
(2) "Armored vehicle guard" means a person who
transports in an armored vehicle under armed guard, from
one place to another place, valuables, jewelry, currency,
documents, or any other item that requires secure delivery.
(3) "Burglar alarm response runner" means a person
employed by a private security company to respond to
burglar alarm system signals.
(4) "Burglar alarm system" means a device or an
assembly of equipment and devices used to detect or signal
unauthorized intrusion, movement, or exit at a protected
premises, other than in a vehicle, to which police or private
security guards are expected to respond.
(5) "Chief law enforcement officer" means the elected
or appointed police administrator of a municipal, county, or
state police or sheriff’s department that has full law enforcement powers in its jurisdiction.
(6) "Commission" means the criminal justice training
commission established in chapter 43.101 RCW.
(7) "Department" means the department of licensing.
(8) "Director" means the director of the department of
licensing.
(9) "Employer" includes any individual, firm, corporation, partnership, association, company, society, manager,
contractor, subcontractor, bureau, agency, service, office, or
an agent of any of the foregoing that employs or seeks to
enter into an arrangement to employ any person as a private
security guard.
(10) "Firearms certificate" means the certificate issued
by the commission.
(2002 Ed.)
Chapter 18.170
(11) "Licensee" means a person granted a license
required by this chapter.
(12) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contractor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(13) "Principal corporate officer" means the president,
vice-president, treasurer, secretary, comptroller, or any other
person who performs the same functions for the corporation
as performed by these officers.
(14) "Private security company" means a person or
entity licensed under this chapter and engaged in the
business of providing the services of private security guards
on a contractual basis.
(15) "Private security guard" means an individual who
is licensed under this chapter and principally employed as or
typically referred to as one of the following:
(a) Security officer or guard;
(b) Patrol or merchant patrol service officer or guard;
(c) Armed escort or bodyguard;
(d) Armored vehicle guard;
(e) Burglar alarm response runner; or
(f) Crowd control officer or guard.
(16) "Qualifying agent" means an officer or manager of
a corporation who meets the requirements set forth in this
chapter for obtaining a license to own or operate a private
security company.
(17) "Sworn peace officer" means a person who is an
employee of the federal government, the state, a political
subdivision, agency, or department branch of a municipality,
or other unit of local government, and has law enforcement
powers. [1991 c 334 § 1.]
18.170.020 Exemptions. The requirements of this
chapter do not apply to:
(1) A person who is employed exclusively or regularly
by one employer and performs the functions of a private
security guard solely in connection with the affairs of that
employer, if the employer is not a private security company;
(2) A sworn peace officer while engaged in the performance of the officer’s official duties; or
(3) A sworn peace officer while employed by any
person to engage in off-duty employment as a private
security guard, but only if the employment is approved by
the chief law enforcement officer of the jurisdiction where
the employment takes place and the sworn peace officer does
not employ, contract with, or broker for profit other persons
to assist him or her in performing the duties related to his or
her private employer. [1991 c 334 § 2.]
18.170.030 Security guard license—Requirements.
An applicant must meet the following minimum requirements to obtain a private security guard license:
(1) Be at least eighteen years of age;
(2) Be a citizen of the United States or a resident alien;
(3) Not have been convicted of a crime in any jurisdiction, if the director determines that the applicant’s particular
crime directly relates to his or her capacity to perform the
duties of a private security guard, and the director determines that the license should be withheld to protect the
citizens of Washington state. The director shall make her or
[Title 18 RCW—page 339]
18.170.030
Title 18 RCW: Businesses and Professions
his determination to withhold a license because of previous
convictions notwithstanding the restoration of employment
rights act, chapter 9.96A RCW;
(4) Be employed by or have an employment offer from
a licensed private security company or be licensed as a
private security company;
(5) Satisfy the training requirements established by the
director;
(6) Submit a set of fingerprints;
(7) Pay the required nonrefundable fee for each application; and
(8) Submit a fully completed application that includes
proper identification on a form prescribed by the director for
each company of employment. [1995 c 277 § 1; 1991 c 334
§ 3.]
18.170.040 Armed private security guard license—
Requirements. (1) An applicant must meet the following
minimum requirements to obtain an armed private security
guard license:
(a) Be licensed as a private security guard;
(b) Be at least twenty-one years of age;
(c) Have a current firearms certificate issued by the
commission; and
(d) Pay the fee established by the director.
(2) An armed private security guard license may take
the form of an endorsement to the security guard license if
deemed appropriate by the director. [1991 c 334 § 4.]
18.170.050 Armed private security guard license
authority—Registration of firearms. (1) An armed private
security guard license grants authority to the holder, while in
the performance of his or her duties, to carry a firearm with
which the holder has met the proficiency requirements
established by the commission.
(2) All firearms carried by armed private security guards
in the performance of their duties must be owned or leased
by the employer and, if required by law, must be registered
with the proper government agency. [1991 c 334 § 5.]
18.170.060 Private security company license—
Requirements, restrictions—Qualifying agent—
Assignment or transfer of license. (1) In addition to
meeting the minimum requirements to obtain a license as a
private security guard, an applicant, or, in the case of a
partnership, each partner, or, in the case of a corporation, the
qualifying agent must meet the following requirements to
obtain a license to own or operate a private security company:
(a) Possess three years’ experience as a manager,
supervisor, or administrator in the private security business
or a related field approved by the director, or be at least
twenty-one years of age and pass an examination determined
by the director to measure the person’s knowledge and
competence in the private security business;
(b) Meet the insurance requirements of this chapter; and
(c) Pay any additional fees established by the director.
(2) If the qualifying agent upon whom the licensee
relies to comply with subsection (1) of this section ceases to
perform his or her duties on a regular basis, the licensee
must promptly notify the director by certified or registered
[Title 18 RCW—page 340]
mail. Within sixty days of sending notification to the
director, the licensee must obtain a substitute qualifying
agent who meets the requirements of this section. The
director may extend the period for obtaining a substitute
qualifying agent.
(3) A company license issued pursuant to this section
may not be assigned or transferred without prior written
approval of the director.
(4) No license to own or operate a private security
guard company may be issued to an applicant if the name of
the company portrays the company as a public law enforcement agency, or in association with a public law enforcement
agency, or includes the word "police." [1995 c 277 § 4;
1991 c 334 § 6.]
18.170.070 License cards and certificates—Issuance
and requirements. (1) The director shall issue a private
security guard license card to each licensed private security
guard and an armed private security guard license card to
each armed private security guard.
(a) The license card may not be used as security
clearance.
(b) A private security guard shall carry the license card
whenever he or she is performing the duties of a private
security guard and shall exhibit the card upon request.
(c) An armed private security guard shall carry the
license card whenever he or she is performing the duties of
an armed private security guard and shall exhibit the card
upon request.
(2) The director shall issue a license certificate to each
licensed private security company.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license
certificate to knowingly and willfully post the license
certificate upon premises other than those described in the
license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee,
the address of record, and the license number as they appear
in the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee’s officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1995 c 277 § 5; 1991 c 334
§ 7.]
18.170.080 Licensed private security companies—
Certificate of insurance required. A licensed private
security company shall file and maintain with the director a
certificate of insurance as evidence that it has comprehensive
general liability coverage of at least twenty-five thousand
dollars for bodily or personal injury and twenty-five thousand dollars for property damage. [1991 c 334 § 8.]
18.170.090 Temporary registration cards—
Requirements—Expiration—Suspension. (1) A licensed
private security company may issue an employee a temporary registration card of the type and form provided by the
(2002 Ed.)
Security Guards
director, but only after the employee has completed
preassignment training and submitted a full and complete
application for a private security guard license to the
department. The application must be mailed to the department within three business days after issuance of the
temporary registration card. The temporary registration card
is valid for a maximum period of sixty days and does not
authorize a person to carry firearms during the performance
of his or her duties as a private security guard. The temporary registration card permits the applicant to perform the
duties of a private security guard for the issuing licensee.
(2) Upon expiration of a temporary registration card or
upon the receipt of a permanent registration card or notification from the department that a permanent license is being
withheld from an applicant, the applicant shall surrender his
or her temporary registration card to the licensee.
(3) The director may suspend the authority to use
temporary registration cards for a period of one year for any
private security guard company that fails to comply with the
provisions of this section. After the suspension period, the
director may reinstate the company’s use of temporary
registration cards after receipt of a written request from the
company. [1995 c 277 § 6; 1991 c 334 § 9.]
18.170.100 Preassignment training and testing. (1)
The director shall adopt rules establishing preassignment
training and testing requirements, which shall include a
minimum of four hours of classes. The director may
establish, by rule, continuing education requirements for
private security guards.
(2) The director shall consult with the private security
industry and law enforcement before adopting or amending
the preassignment training or continuing education requirements of this section. [1995 c 277 § 7; 1991 c 334 § 10.]
18.170.110 Required notice of certain occurrences.
(1) A private security company shall notify the director
within thirty days after the death or termination of employment of any employee who is a licensed private security
guard or armed private security guard by returning the
license to the department with the word "terminated" written
across the face of the license, the date of termination, and
the signature of the principal or the principal’s designee of
the private security guard company.
(2) A private security company shall notify the department within seventy-two hours and the chief law enforcement officer of the county, city, or town in which the private
security guard or armed private security guard was last
employed immediately upon receipt of information affecting
his or her continuing eligibility to hold a license under the
provisions of this chapter.
(3) A private security guard company shall notify the
local law enforcement agency whenever an employee who is
an armed private security guard discharges his or her firearm
while on duty other than on a supervised firearm range. The
notification shall be made within ten business days of the
date the firearm is discharged. [2000 c 171 § 39; 1995 c
277 § 8; 1991 c 334 § 11.]
18.170.120 Out-of-state licensees—Application—
Fee—Temporary assignment. (1) Any person from another
(2002 Ed.)
18.170.090
state that the director determines has selection, training, and
other requirements at least equal to those required by this
chapter, and who holds a valid license, registration, identification, or similar card issued by the other state, may apply
for a private security guard license card or armed private
security guard license card on a form prescribed by the
director. Upon receipt of a processing fee to be determined
by the director, the director shall issue the individual a
private security guard license card or armed private security
guard license card.
(2) A valid private security guard license, registration,
identification, or similar card issued by any other state of the
United States is valid in this state for a period of ninety
days, but only if the licensee is on temporary assignment as
a private security guard for the same employer that employs
the licensee in the state in which he or she is a permanent
resident.
(3) A person from another state on temporary assignment in Washington may not solicit business in this state or
represent himself or herself as licensed in this state. [1995
c 277 § 9; 1991 c 334 § 12.]
18.170.130 Investigation of applicants. (1) Applications for licenses required under this chapter shall be filed
with the director on a form provided by the director. The
director may require any information and documentation that
reasonably relates to the need to determine whether the
applicant meets the criteria.
(2) After receipt of an application for a license, the
director shall conduct an investigation to determine whether
the facts set forth in the application are true and shall request
that the Washington state patrol compare the fingerprints
submitted with the application to fingerprint records available to the Washington state patrol. The Washington state
patrol shall forward the fingerprints of applicants for an
armed private security guard license to the Federal Bureau
of Investigation for a national criminal history records check.
The director may require that fingerprint cards of licensees
be periodically reprocessed to identify criminal convictions
subsequent to registration.
(3) The director shall solicit comments from the chief
law enforcement officer of the county and city or town in
which the applicant’s employer is located on issuance of a
permanent private security guard license.
(4) A summary of the information acquired under this
section, to the extent that it is public information, shall be
forwarded by the department to the applicant’s employer.
[1995 c 277 § 10; 1991 c 334 § 13.]
18.170.140 Regulatory provisions exclusive—
Authority of the state and political subdivisions. (1) The
provisions of this chapter relating to the licensing for
regulatory purposes of private security guards, armed private
security guards, and private security companies are exclusive. No governmental subdivision of this state may enact
any laws or rules licensing for regulatory purposes such
persons, except as provided in subsections (2) and (3) of this
section.
(2) This section shall not be construed to prevent a
political subdivision of this state from levying a business
license fee, business and occupation tax, or other tax upon
[Title 18 RCW—page 341]
18.170.140
Title 18 RCW: Businesses and Professions
private security companies if such fees or taxes are levied on
other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing or
regulating private security companies with respect to
activities performed or offered that are not of a security
nature. [1991 c 334 § 14.]
18.170.150 Out-of-state private security guards
operating across state lines. Private security guards or
armed private security guards whose duties require them to
operate across state lines may operate in this state if they are
properly registered and certified in another state with
training, insurance, and certification requirements that the
director finds are at least equal to the requirements of this
state. [1991 c 334 § 15.]
18.170.160 Licenses required—Use of public law
enforcement insignia prohibited—Penalties—
Enforcement. (1) After June 30, 1992, any person who
performs the functions and duties of a private security guard
in this state without being licensed in accordance with this
chapter, or any person presenting or attempting to use as his
or her own the license of another, or any person who gives
false or forged evidence of any kind to the director in
obtaining a license, or any person who falsely impersonates
any other licensee, or any person who attempts to use an
expired or revoked license, or any person who violates any
of the provisions of this chapter is guilty of a gross misdemeanor.
(2) After January 1, 1992, a person is guilty of a gross
misdemeanor if he or she owns or operates a private security
company in this state without first obtaining a private
security company license.
(3) After June 30, 1992, the owner or qualifying agent
of a private security company is guilty of a gross misdemeanor if he or she employs an unlicensed person to
perform the duties of a private security guard without issuing
the employee a valid temporary registration card if the
employee does not have in his or her possession a permanent
private security guard license issued by the department. This
subsection does not preclude a private security company
from requiring applicants to attend preassignment training
classes or from paying wages for attending the required
preassignment training classes.
(4) After June 30, 1992, a person is guilty of a gross
misdemeanor if he or she performs the functions and duties
of an armed private security guard in this state unless the
person holds a valid armed private security guard license
issued by the department.
(5) After June 30, 1992, it is a gross misdemeanor for
a private security company to hire, contract with, or otherwise engage the services of an unlicensed armed private
security guard knowing that he or she does not have a valid
armed private security guard license issued by the director.
(6) It is a gross misdemeanor for a person to possess or
use any vehicle or equipment displaying the word "police"
or "law enforcement officer" or having any sign, shield,
marking, accessory, or insignia that indicates that the
equipment or vehicle belongs to a public law enforcement
agency.
[Title 18 RCW—page 342]
(7) It is a gross misdemeanor for any person who
performs the functions and duties of a private security guard
to use any name that includes the word "police" or "law
enforcement" or that portrays the individual or a business as
a public law enforcement agency.
(8) It is the duty of all officers of the state and political
subdivisions thereof to enforce the provisions of this chapter.
The attorney general shall act as legal adviser of the director,
and render such legal assistance as may be necessary in
carrying out the provisions of this chapter. [1995 c 277 §
11; 1991 c 334 § 16.]
18.170.163 License or certificate suspension—
Nonpayment or default on educational loan or scholarship. The director shall suspend the license or certificate of
any person who has been certified by a lending agency and
reported to the director for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s license or certificate shall not be
reissued until the person provides the director a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure or certification during the suspension, reinstatement
shall be automatic upon receipt of the notice and payment of
any reinstatement fee the director may impose. [1996 c 293
§ 23.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.170.164 License suspension—Noncompliance
with support order—Reissuance. The director shall
immediately suspend any license issued under this chapter if
the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet
all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 838.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.170.165 Transfer of license. A licensee who
transfers from one company to another must submit a
(2002 Ed.)
Security Guards
transfer application on a form prescribed by the director
along with a transfer fee established by the director. [1995
c 277 § 2.]
18.170.170 Prohibited acts. (Effective until January
1, 2003.) In addition to the provisions of RCW 18.170.164,
the following acts are prohibited and constitute grounds for
disciplinary action, assessing administrative penalties, or
denial, suspension, or revocation of any license under this
chapter, as deemed appropriate by the director:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Practicing fraud, deceit, or misrepresentation in any
of the private security activities covered by this chapter;
(3) Knowingly making a material misstatement or
omission in the application for a license or firearms certificate;
(4) Not meeting the qualifications set forth in RCW
18.170.030, 18.170.040, or 18.170.060;
(5) Failing to return immediately on demand a firearm
issued by an employer;
(6) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private security
guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her
duties;
(7) Failing to return immediately on demand any
uniform, badge, or other item of equipment issued to the
private security guard by an employer;
(8) Making any statement that would reasonably cause
another person to believe that the private security guard is a
sworn peace officer;
(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or
any activity of a client to which he or she was assigned;
(10) Conviction of a gross misdemeanor or felony or the
commission of any act involving moral turpitude, dishonesty,
or corruption whether the act constitutes a crime or not. If
the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is
conclusive evidence at the ensuing disciplinary hearing of
the guilt of the license holder or applicant of the crime
described in the indictment or information, and of the
person’s violation of the statute on which it is based. For
the purposes of this section, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
the conviction and all proceedings in which the sentence has
been deferred or suspended;
(11) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement thereof;
(12) Advertising that is false, fraudulent, or misleading;
(13) Incompetence or negligence that results in injury to
a person or that creates an unreasonable risk that a person
may be harmed;
(14) Suspension, revocation, or restriction of the
individual’s license to practice the profession by competent
authority in any state, federal, or foreign jurisdiction, a
certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or
restriction;
(2002 Ed.)
18.170.165
(15) Failure to cooperate with the director by:
(a) Not furnishing any necessary papers or documents
requested by the director for purposes of conducting an
investigation for disciplinary action, denial, suspension, or
revocation of a license under this chapter;
(b) Not furnishing in writing a full and complete
explanation covering the matter contained in a complaint
filed with the department; or
(c) Not responding to subpoenas issued by the director,
whether or not the recipient of the subpoena is the accused
in the proceeding;
(16) Failure to comply with an order issued by the
director or an assurance of discontinuance entered into with
the disciplining authority;
(17) Aiding or abetting an unlicensed person to practice
if a license is required;
(18) Misrepresentation or fraud in any aspect of the
conduct of the business or profession;
(19) Failure to adequately supervise employees to the
extent that the public health or safety is at risk;
(20) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
director or the director’s authorized representative, or by the
use of threats or harassment against a client or witness to
prevent them from providing evidence in a disciplinary
proceeding or any other legal action;
(21) Assigning or transferring any license issued
pursuant to the provisions of this chapter, except as provided
in RCW 18.170.060;
(22) Failure to maintain insurance; and
(23) Failure to have a qualifying principal in place.
[1997 c 58 § 837; 1995 c 277 § 12; 1991 c 334 § 17.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.170.170 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the following conduct, acts,
or conditions constitute unprofessional conduct:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Practicing fraud, deceit, or misrepresentation in any
of the private security activities covered by this chapter;
(3) Knowingly making a material misstatement or
omission in the application for a firearms certificate;
(4) Not meeting the qualifications set forth in RCW
18.170.030, 18.170.040, or 18.170.060;
(5) Failing to return immediately on demand a firearm
issued by an employer;
(6) Carrying a firearm in the performance of his or her
duties if not the holder of a valid armed private security
guard license, or carrying a firearm not meeting the provisions of this chapter while in the performance of his or her
duties;
(7) Failing to return immediately on demand any
uniform, badge, or other item of equipment issued to the
private security guard by an employer;
[Title 18 RCW—page 343]
18.170.170
Title 18 RCW: Businesses and Professions
(8) Making any statement that would reasonably cause
another person to believe that the private security guard is a
sworn peace officer;
(9) Divulging confidential information that may compromise the security of any premises, or valuables shipment, or
any activity of a client to which he or she was assigned;
(10) Assigning or transferring any license issued
pursuant to the provisions of this chapter, except as provided
in RCW 18.170.060;
(11) Failure to maintain insurance; and
(12) Failure to have a qualifying principal in place.
[2002 c 86 § 248; 1997 c 58 § 837; 1995 c 277 § 12; 1991
c 334 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.170.175 Display of firearms while soliciting
clients. No licensee, employee or agent of a licensee, or
anyone accompanying a licensee, employee, or agent may
display a firearm while soliciting a client. [1995 c 277 § 3.]
18.170.180 Authority of director. (Effective until
January 1, 2003.) The director has the following authority
in administering this chapter:
(1) To adopt, amend, and rescind rules as deemed
necessary to carry out this chapter;
(2) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under
this chapter;
(3) To take or cause depositions to be taken and use
other discovery procedures as needed in an investigation,
hearing, or proceeding held under this chapter;
(4) To compel attendance of witnesses at hearings;
(5) In the course of investigating a complaint or report
of unprofessional conduct, to conduct practice reviews;
(6) To take emergency action ordering summary
suspension of a license, or restriction or limitation of the
licensee’s practice pending proceedings by the director;
(7) To use the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings.
However, the director or the director’s designee shall make
the final decision in the hearing;
(8) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(9) To adopt standards of professional conduct or
practice;
(10) In the event of a finding of unprofessional conduct
by an applicant or license holder, to impose sanctions against
a license applicant or license holder as provided by this
chapter;
(11) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
[Title 18 RCW—page 344]
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action;
(12) To designate individuals authorized to sign subpoenas and statements of charges;
(13) To employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter; and
(14) To compel the attendance of witnesses at hearings.
[1991 c 334 § 18.]
18.170.180 Authority of director. (Effective January
1, 2003.) The director has the following authority in
administering this chapter:
(1) To adopt, amend, and rescind rules as deemed
necessary to carry out this chapter;
(2) To adopt standards of professional conduct or
practice;
(3) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action; and
(4) To employ such administrative and clerical staff as
necessary for the enforcement of this chapter. [2002 c 86 §
249; 1991 c 334 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.170.190 Complaints—Investigation—Immunity.
(Effective until January 1, 2003.) A person, including but
not limited to consumers, licensees, corporations, organizations, and state and local governmental agencies, may submit
a written complaint to the department charging a license
holder or applicant with unprofessional or unlawful conduct
and specifying the grounds for this charge. If the director
determines that the complaint merits investigation, or if the
director has reason to believe, without a formal complaint,
that a license holder or applicant may have engaged in
unprofessional or unlawful conduct, the director shall
investigate to determine if there has been unprofessional or
unlawful conduct. A person who files a complaint under this
section in good faith is immune from suit in any civil action
related to the filing or contents of the complaint. [1995 c
277 § 14; 1991 c 334 § 19.]
18.170.200 Violations—Statement of charges—
Hearings. (Effective until January 1, 2003.) (1) If the
director determines, upon investigation, that there is reason
to believe a violation of this chapter has occurred, a statement of charges shall be prepared and served upon the
license holder or applicant and notice of this action given to
the owner or qualifying agent of the employing private
security company. The statement of charges shall be
accompanied by a notice that the license holder or applicant
may request a hearing to contest the charges. The license
(2002 Ed.)
Security Guards
18.170.200
holder or applicant must file a request for hearing with the
department within twenty days after being served the
statement of charges. The failure to request a hearing
constitutes a default, whereupon the director may enter an
order pursuant to RCW 34.05.440.
(2) If a hearing is requested, the time of the hearing
shall be scheduled but the hearing shall not be held earlier
than thirty days after service of the charges upon the license
holder or applicant. A notice of hearing shall be issued at
least twenty days prior to the hearing, specifying the time,
date, and place of the hearing. [1991 c 334 § 20.]
(3) For the purpose of subsection (2) of this section, an
applicant or license holder governed by this chapter, by
making application, practicing, or filing a license renewal, is
deemed to have given consent to submit to a mental,
physical, or psychological examination if directed in writing
by the department and further to have waived all objections
to the admissibility or use of the examining health
professional’s testimony or examination reports by the
director on the ground that the testimony or reports constitute hearsay or privileged communications. [1991 c 334 §
22.]
18.170.210 Application of administrative procedure
act to hearings. The procedures governing adjudicative
proceedings before agencies under chapter 34.05 RCW, the
administrative procedure act, govern all hearings before the
director. [1991 c 334 § 21.]
18.170.230 Unprofessional conduct or inability to
practice—Penalties. Upon a finding that a license holder
or applicant has committed unprofessional conduct or is
unable to practice with reasonable skill and safety due to a
physical or mental condition, the director may issue an order
providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Requiring the satisfactory completion of a specific
program of remedial education or treatment;
(5) Monitoring of the practice by a supervisor approved
by the director;
(6) Censure or reprimand;
(7) Compliance with conditions of probation for a
designated period of time;
(8) Withholding a license request;
(9) Other corrective action;
(10) Refund of fees billed to and collected from the
consumer; or
(11) The assessment of administrative penalties.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with
compliance with orders issued under this section are the
obligation of the license holder or applicant. [1995 c 277 §
15; 1991 c 334 § 23.]
18.170.220 Inability to practice by reason of a
mental or physical condition—Statement of charges—
Hearing—Sanctions—Examinations—Presumed consent.
(1) If the director believes a license holder or applicant may
be unable to practice with reasonable skill and safety to the
public by reason of a mental or physical condition, a
statement of charges shall be served on the license holder or
applicant and notice shall also be issued providing an
opportunity for a hearing. The hearing shall be limited to
the sole issue of the capacity of the license holder or
applicant to practice with reasonable skill or safety. If the
director determines that the license holder or applicant is
unable to practice with reasonable skill and safety for one of
the reasons stated in this subsection, the director shall
impose such sanctions as are deemed necessary to protect the
public.
(2) In investigating or adjudicating a complaint or report
that a license holder or applicant may be unable to practice
with reasonable skill or safety by reason of a mental or
physical condition, the department may require a license
holder or applicant to submit to a mental or physical
examination by one or more licensed or certified health
professionals designated by the director. The cost of the
examinations ordered by the department shall be paid by the
department. In addition to any examinations ordered by the
department, the licensee may submit physical or mental
examination reports from licensed or certified health professionals of the license holder’s or applicant’s choosing and
expense. Failure of the license holder or applicant to submit
to examination when directed constitutes grounds for
immediate suspension or withholding of the license, consequent upon which a default and final order may be entered
without the taking of testimony or presentations of evidence,
unless the failure was due to circumstances beyond the
person’s control. A determination by a court of competent
jurisdiction that a license holder or applicant is mentally
incompetent or mentally ill is presumptive evidence of the
license holder’s or applicant’s inability to practice with
reasonable skill and safety. An individual affected under this
section shall at reasonable intervals be afforded an opportunity to demonstrate that the individual can resume competent
practice with reasonable skill and safety to the public.
(2002 Ed.)
18.170.240 Enforcement of orders for payment of
fines. (Effective until January 1, 2003.) If an order for
payment of a fine is made as a result of a hearing and timely
payment is not made as directed in the final order, the
director may enforce the order for payment in the superior
court in the county in which the hearing was held. This
right of enforcement shall be in addition to any other rights
the director may have as to a licensee ordered to pay a fine
but shall not be construed to limit a licensee’s ability to seek
judicial review.
In an action for enforcement of an order of payment of
a fine, the director’s order is conclusive proof of the validity
of the order of payment of a fine and the terms of payment.
[1991 c 334 § 24.]
18.170.250 Unlicensed practice—Complaints—
Director’s authority—Injunctions—Penalty. (Effective
until January 1, 2003.) (1) The director shall investigate
complaints concerning practice by unlicensed persons of a
profession or business for which a license is required by this
chapter. In the investigation of the complaints, the director
[Title 18 RCW—page 345]
18.170.250
Title 18 RCW: Businesses and Professions
shall have the same authority as provided the director under
RCW 18.170.190. The director shall issue a cease and desist
order to a person after notice and hearing and upon a
determination that the person has violated this subsection.
If the director makes a written finding of fact that the public
interest will be irreparably harmed by delay in issuing an
order, the director may issue a temporary cease and desist
order. The cease and desist order shall not relieve the
person practicing or operating a business without a license
from criminal prosecution therefor, but the remedy of a
cease and desist order shall be in addition to any criminal
liability. The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and
desist order may be used in addition to, or as an alternative
to, any provisions for enforcement of agency orders.
(2) The attorney general, a county prosecuting attorney,
the director, or any person may, in accordance with the law
of this state governing injunctions, maintain an action in the
name of this state to enjoin any person practicing a profession or business for which a license is required by this
chapter without a license from engaging in such practice or
operating such business until the required license is secured.
However, the injunction shall not relieve the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be
in addition to any criminal liability.
(3) Unlicensed practice of a profession or operating a
business for which a license is required by this chapter,
unless otherwise exempted by law, constitutes a gross
misdemeanor. [1995 c 277 § 16; 1991 c 334 § 25.]
18.170.260 Violation of injunction—Penalty.
(Effective until January 1, 2003.) A person or business that
violates an injunction issued under this chapter shall pay a
civil penalty, as determined by the court, of not more than
twenty-five thousand dollars, which shall be paid to the
department. For the purpose of this section, the superior
court issuing any injunction shall retain jurisdiction and the
cause shall be continued, and in such cases the attorney
general acting in the name of the state may petition for the
recovery of civil penalties. [1991 c 334 § 26.]
18.170.270 Immunity. (Effective until January 1,
2003.) The director or individuals acting on the director’s
behalf are immune from suit in any action, civil or criminal,
based on disciplinary proceedings or other official acts
performed in the course of their duties in the administration
and enforcement of this chapter. [1991 c 334 § 27.]
18.170.280 Application of administrative procedure
act to acts of the director. The director, in implementing
and administering the provisions of this chapter, shall act in
accordance with the administrative procedure act, chapter
34.05 RCW. [1991 c 334 § 28.]
18.170.290 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
[Title 18 RCW—page 346]
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 250.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.170.900 Severability—1991 c 334. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 334 § 30.]
18.170.901 Severability—1995 c 277. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1995 c 277 § 40.]
18.170.902 Effective date—1995 c 277. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 9, 1995]. [1995 c 277 § 41.]
Chapter 18.180
PROCESS SERVERS
Sections
18.180.010
18.180.020
18.180.030
18.180.040
18.180.050
Registration—Exceptions.
Registration renewal.
Identification of process server on proof of service.
Collection of costs of service—Application.
Registration suspension—Nonpayment or default on educational loan or scholarship.
18.180.900 Construction—1992 c 125.
18.180.010 Registration—Exceptions. (1) A person
who serves legal process for a fee in the state of Washington
shall register as a process server with the auditor of the
county in which the process server resides or operates his or
her principal place of business.
(2) The requirement to register under subsection (1) of
this section does not apply to any of the following persons:
(a) A sheriff, deputy sheriff, marshal, constable, or
government employee who is acting in the course of employment;
(b) An attorney or the attorney’s employees, who are
not serving process on a fee basis;
(c) A person who is court appointed to serve the court’s
process;
(d) An employee of a person who is registered under
this section;
(e) A person who does not receive a fee or wage for
serving process. [1992 c 125 § 1.]
18.180.020 Registration renewal. A process server
required to register under RCW 18.180.010 must renew the
registration within one year of the date of the initial registration or when the registrant changes his or her name, the
name of his or her business, business address, or business
telephone number, whichever occurs sooner. If the renewal
(2002 Ed.)
Process Servers
is required because of a change in the information identifying the process server, the process server must renew the
registration within ten days of the date the identifying
information changes. The process server shall pay the
registration fee upon renewal. [1992 c 125 § 3.]
18.180.030 Identification of process server on proof
of service. (1) A process server required to register under
RCW 18.180.010 shall indicate the process server’s registration number and the process server’s county of registration
on any proof of service the process server signs.
(2) Employees of a process server required to register
under RCW 18.180.010 shall indicate the employer’s
registration number and the employer’s county of registration
on any proof of service the registrant’s employee signs.
[1992 c 125 § 4.]
18.180.040 Collection of costs of service—
Application. (1) Except as provided in subsection (2) of
this section, any person who is otherwise entitled to collect
the costs of service of process shall not be entitled to collect
those costs if the person does not use a process server who
under this chapter either is required to register or is exempt
from the registration requirement.
(2) The person may collect the costs of the service of
process if the process server registers within forty-five days
after serving the process.
(3) This section shall apply to all process served on or
after August 1, 1992. [1992 c 125 § 5.]
18.180.050 Registration suspension—Nonpayment
or default on educational loan or scholarship. The auditor
of the county shall suspend the registration of any person
who has been certified by a lending agency and reported to
the auditor of the county for nonpayment or default on a
federally or state-guaranteed educational loan or serviceconditional scholarship. Prior to the suspension, the agency
must provide the person an opportunity for a brief adjudicative proceeding under RCW 34.05.485 through 34.05.494
and issue a finding of nonpayment or default on a federally
or state-guaranteed educational loan or service-conditional
scholarship. The person’s registration shall not be reissued
until the person provides the auditor of the county a written
release issued by the lending agency stating that the person
is making payments on the loan in accordance with a
repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
registration during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the auditor of the county may impose.
[1996 c 293 § 25.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.180.900 Construction—1992 c 125. Nothing in
this act modifies Superior Court Civil Rule 4. [1992 c 125
§ 7.]
(2002 Ed.)
18.180.020
Chapter 18.185
BAIL BOND AGENTS
Sections
18.185.005
18.185.010
18.185.020
18.185.030
18.185.040
18.185.050
18.185.055
18.185.057
18.185.060
18.185.070
18.185.080
18.185.090
18.185.100
18.185.110
18.185.120
18.185.130
18.185.140
18.185.150
18.185.160
18.185.170
18.185.180
18.185.190
18.185.200
18.185.210
18.185.220
18.185.230
18.185.240
18.185.900
18.185.901
Declaration, intent, construction.
Definitions.
Agent license requirements.
Agency license requirements.
License applications.
License cards, certificates—Advertising—Notice of changes.
License suspension—Nonpayment or default on educational
loan or scholarship.
License suspension—Noncompliance with support order—
Reissuance.
Prelicensing training requirements.
Bond.
Relation of this chapter to local regulation, taxation.
Notice concerning agent’s status.
Records—Finances—Disposition of security.
Prohibited acts.
Director’s powers.
Complaints.
Charges against licensee or applicant—Hearing.
Hearing procedures.
Enforcement of monetary penalty.
Cease and desist orders—Injunctions—Criminal penalties—
Disposition of monetary assessments.
Civil penalties.
Official immunity.
Application of Administrative Procedure Act.
Application of Consumer Protection Act.
Branch office—Qualified bail bond agent as manager.
License required for branch office.
Uniform regulation of business and professions act.
Severability—1993 c 260.
Effective date—1993 c 260.
18.185.005 Declaration, intent, construction. The
legislature declares that the licensing of bail bond agents
should be uniform throughout the state. Therefore, it is the
intent of the legislature to preempt any local regulation of
bail bond agents, including licensing fees, but not including
local business license fees. Nothing in this chapter limits the
discretion of the courts of this state to accept or reject a
particular surety or recognizance bond in a particular case.
[1993 c 260 § 1.]
18.185.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
(2) "Director" means the director of licensing.
(3) "Collateral or security" means property of any kind
given as security to obtain a bail bond.
(4) "Bail bond agency" means a business that sells and
issues corporate surety bail bonds or that provides security
in the form of personal or real property to insure the
appearance of a criminal defendant before the courts of this
state or the United States.
(5) "Qualified agent" means an owner, sole proprietor,
partner, manager, officer, or chief operating officer of a
corporation who meets the requirements set forth in this
chapter for obtaining a bail bond agency license.
(6) "Bail bond agent" means a person who is employed
by a bail bond agency and engages in the sale or issuance of
bail bonds, but does not mean a clerical, secretarial, or other
[Title 18 RCW—page 347]
18.185.010
Title 18 RCW: Businesses and Professions
support person who does not participate in the sale or
issuance of bail bonds.
(7) "Licensee" means a bail bond agency or a bail bond
agent or both.
(8) "Branch office" means any office physically separated from the principal place of business of the licensee from
which the licensee or an employee or agents conduct any
activity meeting the criteria of a bail bond agency. [2000 c
171 § 40; 1996 c 242 § 1; 1993 c 260 § 2.]
18.185.020 Agent license requirements. An applicant must meet the following minimum requirements to
obtain a bail bond agent license:
(1) Be at least eighteen years of age;
(2) Be a citizen or resident alien of the United States;
(3) Not have been convicted of a crime in any jurisdiction in the preceding ten years, if the director determines that
the applicant’s particular crime directly relates to a capacity
to perform the duties of a bail bond agent and the director
determines that the license should be withheld to protect the
citizens of Washington state. If the director shall make a
determination to withhold a license because of previous
convictions, the determination shall be consistent with the
restoration of employment rights act, chapter 9.96A RCW;
(4) Be employed by a bail bond agency or be licensed
as a bail bond agency; and
(5) Pay the required fee. [1993 c 260 § 3.]
18.185.030 Agency license requirements. (1) In
addition to meeting the minimum requirements to obtain a
license as a bail bond agent, a qualified agent must meet the
following additional requirements to obtain a bail bond
agency license:
(a) Pass an examination determined by the director to
measure the person’s knowledge and competence in the bail
bond agency business; or
(b) Have had at least three years’ experience as a
manager, supervisor, or administrator in the bail bond
business or a related field as determined by the director. A
year’s experience means not less than two thousand hours of
actual compensated work performed before the filing of an
application. An applicant shall substantiate the experience
by written certifications from previous employers. If the
applicant is unable to supply written certifications from
previous employers, applicants may offer written certifications from persons other than employers who, based on
personal knowledge, can substantiate the employment; and
(c) Pay any additional fees as established by the
director.
(2) An agency license issued under this section may not
be assigned or transferred without prior written approval of
the director. [1993 c 260 § 4.]
18.185.040 License applications. (1) Applications for
licenses required under this chapter shall be filed with the
director on a form provided by the director. The director
may require any information and documentation that reasonably relates to the need to determine whether the applicant
meets the criteria, which may include fingerprints.
(2) After receipt of an application for a license, the
director may conduct an investigation to determine whether
[Title 18 RCW—page 348]
the facts set forth in the application are true. [1993 c 260 §
5.]
18.185.050
License cards, certificates—
Advertising—Notice of changes. (1) The director shall
issue a bail bond agent license card to each licensed bail
bond agent. A bail bond agent shall carry the license card
whenever he or she is performing the duties of a bail bond
agent and shall exhibit the card upon request.
(2) The director shall issue a license certificate to each
licensed bail bond agency.
(a) Within seventy-two hours after receipt of the license
certificate, the licensee shall post and display the certificate
in a conspicuous place in the principal office of the licensee
within the state.
(b) It is unlawful for any person holding a license
certificate to knowingly and willfully post the license
certificate upon premises other than those described in the
license certificate or to materially alter a license certificate.
(c) Every advertisement by a licensee that solicits or
advertises business shall contain the name of the licensee,
the address of record, and the license number as they appear
in the records of the director.
(d) The licensee shall notify the director within thirty
days of any change in the licensee’s officers or directors or
any material change in the information furnished or required
to be furnished to the director. [1993 c 260 § 6.]
18.185.055 License suspension—Nonpayment or
default on educational loan or scholarship. The director
shall suspend the license of any person who has been
certified by a lending agency and reported to the director for
nonpayment or default on a federally or state-guaranteed
educational loan or service-conditional scholarship. Prior to
the suspension, the agency must provide the person an
opportunity for a brief adjudicative proceeding under RCW
34.05.485 through 34.05.494 and issue a finding of nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. The person’s license
shall not be reissued until the person provides the director a
written release issued by the lending agency stating that the
person is making payments on the loan in accordance with
a repayment agreement approved by the lending agency. If
the person has continued to meet all other requirements for
licensure during the suspension, reinstatement shall be
automatic upon receipt of the notice and payment of any
reinstatement fee the director may impose. [1996 c 293 §
26.]
Severability—1996 c 293: See note following RCW 18.04.420.
18.185.057 License suspension—Noncompliance
with support order—Reissuance. The director shall
immediately suspend any license issued under this chapter if
the holder has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order or a *residential or visitation order. If the person has continued to meet
all other requirements for reinstatement during the suspension, reissuance of the license shall be automatic upon the
director’s receipt of a release issued by the department of
(2002 Ed.)
Bail Bond Agents
social and health services stating that the person is in
compliance with the order. [1997 c 58 § 840.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
18.185.060 Prelicensing training requirements. (1)
The director shall adopt rules establishing prelicense training
and testing requirements, which shall include a minimum of
four hours of classes. The director may establish, by rule,
continuing education requirements for bail bond agents.
(2) The director shall consult with the bail bond industry
before adopting or amending the prelicensing training or
continuing education requirements of this section.
(3) The director may appoint an advisory committee
consisting of representatives from the bail bond industry and
a consumer to assist in the development of rules to implement this chapter.
(4) A bail bond agent need not fulfill the prelicensing
training requirements of this chapter if he or she, within
sixty days prior to July 1, 1994, provides proof to the
director that he or she previously has met the training
requirements of this chapter or has been employed as a bail
bond agent for at least eighteen consecutive months immediately prior to the date of application. [1993 c 260 § 7.]
18.185.070 Bond. (1) No bail bond agency license
may be issued under the provisions of this chapter unless the
qualified agent files with the director a bond, executed by a
surety company authorized to do business in this state, in the
sum of ten thousand dollars conditioned to recover against
the agency and its servants, officers, agents, and employees
by reason of its violation of the provisions of RCW
18.185.100. The bond shall be made payable to the state of
Washington, and anyone so injured by the agency or its
servants, officers, agents, or employees may bring suit upon
the bond in any county in which jurisdiction over the
licensee may be obtained. The suit must be brought not
later than two years after the failure to return property in
accordance with RCW 18.185.100. If valid claims against
the bond exceed the amount of the bond or deposit, each
claimant shall be entitled only to a pro rata amount, based on
the amount of the claim as it is valid against the bond,
without regard to the date of filing of any claim or action.
(2) Every licensed bail bond agency must at all times
maintain on file with the director the bond required by this
section in full force and effect. Upon failure by a licensee
to do so, the director shall suspend the licensee’s license and
shall not reinstate the license until this requirement is met.
(3) In lieu of posting a bond, a qualified agent may
deposit in an interest-bearing account, ten thousand dollars.
(4) The director may waive the bond requirements of
this section, in his or her discretion, pursuant to adopted
rules. [1993 c 260 § 8.]
(2002 Ed.)
18.185.057
18.185.080 Relation of this chapter to local regulation, taxation. (1) The provisions of this chapter relating to
the licensing for regulatory purposes of bail bond agents and
bail bond agencies are exclusive. No governmental subdivision of this state may enact any laws or rules licensing for
regulatory purposes such persons, except as provided in
subsections (2) and (3) of this section.
(2) This section shall not be construed to prevent a
political subdivision of this state from levying a business fee,
business and occupation tax, or other tax upon bail bond
agencies if such fees or taxes are levied by the political
subdivision on other types of businesses within its boundaries.
(3) This section shall not be construed to prevent this
state or a political subdivision of this state from licensing for
regulatory purposes bail bond agencies with respect to
activities that are not regulated under this chapter. [1993 c
260 § 9.]
18.185.090 Notice concerning agent’s status. (1) A
bail bond agency shall notify the director within thirty days
after the death or termination of employment of any employee who is a licensed bail bond agent.
(2) A bail bond agency shall notify the director within
seventy-two hours upon receipt of information affecting a
licensed bail bond agent’s continuing eligibility to hold a
license under the provisions of this chapter. [1993 c 260 §
10.]
18.185.100 Records—Finances—Disposition of
security. (1) Every qualified agent shall keep adequate
records for three years of all collateral and security received,
all trust accounts required by this section, and all bail bond
transactions handled by the bail bond agency, as specified by
rule. The records shall be open to inspection without notice
by the director or authorized representatives of the director.
(2) Every qualified agent who receives collateral or
security is a fiduciary of the property and shall keep adequate records for three years of the receipt, safekeeping, and
disposition of the collateral or security. Every qualified
agent shall maintain a trust account in a federally insured
financial institution located in this state. All moneys,
including cash, checks, money orders, wire transfers, and
credit card sales drafts, received as collateral or security or
otherwise held for a bail bond agency’s client shall be
deposited in the trust account not later than the third banking
day following receipt of the funds or money. A qualified
agent shall not in any way encumber the corpus of the trust
account or commingle any other moneys with moneys
properly maintained in the trust account. Each qualified
agent required to maintain a trust account shall report
annually under oath to the director the account number and
balance of the trust account, and the name and address of the
institution that holds the trust account, and shall report to the
director within ten business days whenever the trust account
is changed or relocated or a new trust account is opened.
(3) Whenever a bail bond is exonerated by the court, the
qualified agent shall, within five business days after written
notification of exoneration and upon written demand, return
all collateral or security to the person entitled thereto. [1996
c 242 § 3; 1993 c 260 § 11.]
[Title 18 RCW—page 349]
18.185.110
Title 18 RCW: Businesses and Professions
18.185.110 Prohibited acts. (Effective until January
1, 2003.) The following acts are prohibited and constitute
grounds for disciplinary action or denial, suspension, or
revocation of any license under this chapter, as deemed
appropriate by the director:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Knowingly making a material misstatement or
omission in the application for or renewal of a license;
(3) Failing to meet the qualifications set forth in RCW
18.185.020 and 18.185.030;
(4) Conviction of a gross misdemeanor or felony or the
commission of any act involving moral turpitude, dishonesty,
or corruption whether the act constitutes a crime or not. If
the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon
such a conviction, however, the judgment and sentence is
conclusive evidence at the ensuing disciplinary hearing of
the guilt of the license holder or applicant of the crime
described in the indictment or information, and of the
person’s violation of the statute on which it is based. For
the purposes of this section, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
the conviction and all proceedings in which the sentence has
been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(5) Advertising that is false, fraudulent, or misleading;
(6) Incompetence or negligence that results in injury to
a person or that creates an unreasonable risk that a person
may be harmed;
(7) Suspension, revocation, or restriction of the
individual’s license to practice the profession by competent
authority in any state, federal, or foreign jurisdiction, a
certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or
restriction;
(8) Failure to cooperate with the director by not:
(a) Furnishing any necessary papers or documents
requested by the director for purposes of conducting an
investigation for disciplinary action, denial, suspension, or
revocation of a license under this chapter;
(b) Furnishing in writing a full and complete explanation covering the matter contained in a complaint filed with
the department; or
(c) Responding to subpoenas issued by the director,
whether or not the recipient of the subpoena is the accused
in the proceeding;
(9) Failure to comply with an order issued by the
director or an assurance of discontinuance entered into with
the director;
(10) Aiding or abetting an unlicensed person to practice
if a license is required;
(11) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the word, representation, or conduct of
the licensee;
(12) Failure to adequately supervise employees to the
extent that the client funds are at risk;
(13) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
director or the director’s authorized representative, or by the
[Title 18 RCW—page 350]
use of threats or harassment against any client or witness to
prevent them from providing evidence in a disciplinary
proceeding or any other legal action;
(14) Assigning or transferring any license issued
pursuant to the provisions of this chapter, except as provided
in RCW 18.185.030;
(15) Conversion of any money or contract, deed, note,
mortgage, or other evidence of title, to his or her own use or
to the use of his or her principal or of any other person,
when delivered to him or her in trust or on condition, in
violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note,
mortgage, or other evidence of title within thirty days after
the owner is entitled to possession, and makes demand for
possession, shall be prima facie evidence of conversion;
(16) Failing to keep records, maintain a trust account, or
return collateral or security, as required by RCW 18.185.100;
(17) Any conduct in a bail bond transaction which
demonstrates bad faith, dishonesty, or untrustworthiness; or
(18) Violation of an order to cease and desist that is
issued by the director under this chapter. [1993 c 260 § 12.]
18.185.110 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the following conduct, acts,
or conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Failing to meet the qualifications set forth in RCW
18.185.020 and 18.185.030;
(3) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the word, representation, or conduct of
the licensee;
(4) Assigning or transferring any license issued pursuant
to the provisions of this chapter, except as provided in RCW
18.185.030;
(5) Conversion of any money or contract, deed, note,
mortgage, or other evidence of title, to his or her own use or
to the use of his or her principal or of any other person,
when delivered to him or her in trust or on condition, in
violation of the trust or before the happening of the condition; and failure to return any money or contract, deed, note,
mortgage, or other evidence of title within thirty days after
the owner is entitled to possession, and makes demand for
possession, shall be prima facie evidence of conversion;
(6) Failing to keep records, maintain a trust account, or
return collateral or security, as required by RCW 18.185.100;
(7) Any conduct in a bail bond transaction which
demonstrates bad faith, dishonesty, or untrustworthiness; or
(8) Violation of an order to cease and desist that is
issued by the director under this chapter. [2002 c 86 § 251;
1993 c 260 § 12.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.120 Director’s powers. (Effective until
January 1, 2003.) The director has the following authority
in administering this chapter:
(2002 Ed.)
Bail Bond Agents
(1) To adopt, amend, and rescind rules as deemed
necessary to carry out this chapter;
(2) To issue an order providing for one or any combination of the following upon violation or violations of this
chapter: Denying, suspending, or revoking a license;
assessing monetary penalties; restricting or limiting practice;
complying with conditions of probation for a designated
period of time; making restitution to the person harmed by
the licensee; or other corrective action;
(3) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under
this chapter;
(4) To take or cause depositions to be taken and use
other discovery procedures as needed in an investigation,
hearing, or proceeding held under this chapter;
(5) To compel attendance of witnesses at hearings;
(6) To establish fees by rule under RCW 43.24.086 and
chapter 34.05 RCW;
(7) To take emergency action ordering summary
suspension of a license, or restriction or limitation of the
licensee’s practice pending proceedings by the director;
(8) To use the office of administrative hearings as
authorized in chapter 34.12 RCW to conduct hearings.
However, the director or the director’s designee shall make
the final decision in the hearing;
(9) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(10) To adopt standards of professional conduct or
practice;
(11) In the event of a finding of unprofessional conduct
by an applicant or license holder, to impose sanctions against
an applicant or license holder as provided by this chapter;
(12) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action;
(13) To designate individuals authorized to sign subpoenas and statements of charges; and
(14) To employ such investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter. [1993 c 260 § 13.]
18.185.120 Director’s powers. (Effective January 1,
2003.) In addition to those powers set forth in RCW
18.235.030, the director has the authority:
(1) To order restitution to the person harmed by the
licensee; or
(2) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
The applicant or license holder shall not be required to admit
to any violation of the law, and the assurance shall not be
construed as such an admission. Violation of an assurance
under this subsection is grounds for disciplinary action.
[2002 c 86 § 252; 1993 c 260 § 13.]
(2002 Ed.)
18.185.120
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.130 Complaints. Any person may submit a
written complaint to the department charging a license holder
or applicant with unprofessional conduct and specifying the
grounds for the charge. If the director determines that the
complaint merits investigation, or if the director has reason
to believe, without a formal complaint, that a license holder
or applicant may have engaged in unprofessional conduct,
the director shall investigate to determine if there has been
unprofessional conduct. A person who files a complaint
under this section in good faith is immune from suit in any
civil action related to the filing or contents of the complaint.
[1993 c 260 § 14.]
18.185.140 Charges against licensee or applicant—
Hearing. (Effective until January 1, 2003.) (1) If the
director determines, upon investigation, that there is reason
to believe a violation of this chapter has occurred, a statement of charges shall be prepared and served upon the
license holder or applicant and notice of this action given to
the owner or qualified agent of the employing bail bond
agency. The statement of charges shall be accompanied by
a notice that the license holder or applicant may request a
hearing to contest the charges. The license holder or
applicant must file a request for hearing with the department
within twenty days after being served the statement of
charges. The failure to request a hearing constitutes a
default, whereupon the director may enter an order under
RCW 34.05.440.
(2) If a hearing is requested, the time of the hearing
shall be scheduled but the hearing shall not be held earlier
than thirty days after service of the charges upon the license
holder or applicant. A notice of hearing shall be issued at
least twenty days prior to the hearing, specifying the time,
date, and place of the hearing. [1993 c 260 § 15.]
18.185.140 Statement of charges—Notice. (Effective
January 1, 2003.) When a statement of charges is issued
against a license holder or applicant under RCW 18.235.050,
notice of this action must be given to the owner or qualified
agent of the employing bail bond agency. [2002 c 86 § 253;
1993 c 260 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.150 Hearing procedures. (Effective until
January 1, 2003.) The procedures governing adjudicative
proceedings before agencies under chapter 34.05 RCW, the
Administrative Procedure Act, shall govern all hearings
before the director. [1993 c 260 § 16.]
18.185.160 Enforcement of monetary penalty.
(Effective until January 1, 2003.) If an order for payment
of a monetary penalty is made as a result of a hearing and
timely payment is not made as directed in the final order, the
director may enforce the order for payment in the superior
court in the county in which the hearing was held. This
[Title 18 RCW—page 351]
18.185.160
Title 18 RCW: Businesses and Professions
right of enforcement shall be in addition to any other rights
the director may have as to a licensee ordered to pay a
monetary penalty but shall not be construed to limit a
licensee’s ability to seek judicial review.
In an action for enforcement of an order of payment of
a monetary penalty, the director’s order is conclusive proof
of the validity of the order of payment of a penalty and the
terms of payment. [1993 c 260 § 17.]
18.185.170 Cease and desist orders—Injunctions—
Criminal penalties—Disposition of monetary assessments.
(Effective until January 1, 2003.) (1) The director shall
investigate complaints concerning practice by unlicensed
persons of a profession or business for which a license is
required by this chapter. In the investigation of the complaints, the director has the same authority as provided the
director under RCW 18.185.140. The director shall issue a
cease and desist order to a person after notice and hearing
and upon a determination that the person has violated this
subsection. If the director makes a written finding of fact
that the public interest will be irreparably harmed by delay
in issuing an order, the director may issue a temporary cease
and desist order. The cease and desist order shall not relieve
the person practicing or operating a business without a
license from criminal prosecution therefor, but the remedy of
a cease and desist order shall be in addition to any criminal
liability. The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and
desist order may be used in addition to, or as an alternative
to, any provisions for enforcement of agency orders.
(2) The attorney general, a county prosecuting attorney,
the director, or any person may, in accordance with the law
of this state governing injunctions, maintain an action in the
name of this state to enjoin any person practicing a profession or business for which a license is required by this
chapter without a license from engaging in such practice or
operating such business until the required license is secured.
However, the injunction shall not relieve the person practicing or operating a business without a license from criminal
prosecution therefor, but the remedy by injunction shall be
in addition to any criminal liability.
(3) After June 30, 1994, any person who performs the
functions and duties of a bail bond agent in this state without
being licensed in accordance with the provisions of this
chapter, or any person presenting or attempting to use as his
or her own the license of another, or any person who gives
false or forged evidence of any kind to the director in
obtaining a license, or any person who falsely impersonates
any other licensee, or any person who attempts to use an
expired or revoked license, or any person who violates any
of the provisions of this chapter is guilty of a gross misdemeanor.
(4) After January 1, 1994, a person is guilty of a gross
misdemeanor if he or she owns or operates a bail bond
agency in this state without first obtaining a bail bond
agency license.
(5) After June 30, 1994, the owner or qualified agent of
a bail bond agency is guilty of a gross misdemeanor if he or
she employs any person to perform the duties of a bail bond
agent without the employee having in his or her possession
[Title 18 RCW—page 352]
a permanent bail bond agent license issued by the department.
(6) All fees, fines, forfeitures, and penalties collected or
assessed by a court because of a violation of this section
shall be remitted to the department. [1993 c 260 § 18.]
18.185.170 Unlicensed activity—Criminal penalties.
(Effective January 1, 2003.) (1) After June 30, 1994, any
person who performs the functions and duties of a bail bond
agent in this state without being licensed in accordance with
the provisions of this chapter, or any person presenting or
attempting to use as his or her own the license of another, or
any person who gives false or forged evidence of any kind
to the director in obtaining a license, or any person who
falsely impersonates any other licensee, or any person who
attempts to use an expired or revoked license, or any person
who violates any of the provisions of this chapter is guilty
of a gross misdemeanor.
(2) After January 1, 1994, a person is guilty of a gross
misdemeanor if he or she owns or operates a bail bond
agency in this state without first obtaining a bail bond
agency license.
(3) After June 30, 1994, the owner or qualified agent of
a bail bond agency is guilty of a gross misdemeanor if he or
she employs any person to perform the duties of a bail bond
agent without the employee having in his or her possession
a permanent bail bond agent license issued by the department. [2002 c 86 § 254; 1993 c 260 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.180 Civil penalties. (Effective until January
1, 2003.) A person or business that violates an injunction
issued under this chapter shall pay a civil penalty, as
determined by the court, of not more than twenty-five
thousand dollars, which shall be paid to the department. For
the purpose of this section, the superior court issuing any
injunction shall retain jurisdiction. [1993 c 260 § 19.]
18.185.190 Official immunity. (Effective until
January 1, 2003.) The director or individuals acting on the
director’s behalf are immune from suit in any action, civil or
criminal, based on disciplinary proceedings or other official
acts performed in the course of their duties in the administration and enforcement of this chapter. [1993 c 260 § 20.]
18.185.200 Application of Administrative Procedure
Act. The director, in implementing and administering the
provisions of this chapter, shall act in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. [1993
c 260 § 21.]
18.185.210 Application of Consumer Protection Act.
Failure to fulfill the fiduciary duties and other duties as
prescribed in RCW 18.185.100 is not reasonable in relation
to the development and preservation of business. A violation
of RCW 18.185.100 is an unfair or deceptive act in trade or
commerce for the purpose of applying the Consumer
Protection Act, chapter 19.86 RCW. [1993 c 260 § 22.]
(2002 Ed.)
Bail Bond Agents
18.185.220 Branch office—Qualified bail bond
agent as manager. A branch office may not operate under
a business name other than the name of the principal bail
bond agency and must have a qualified bail bond agent as
manager of the office. The qualified agent shall comply
with the provisions of RCW 18.185.100. [1996 c 242 § 2.]
18.185.230 License required for branch office. If a
licensee maintains a branch office, the licensee shall not
operate that branch office until a branch office license has
been received from the director. A bail bond agency may
apply to the director for authority to establish one or more
branch offices under the same name as the main office upon
the payment of a fee as prescribed by the director by rule.
The director shall issue a separate license for each branch
office showing the location of each branch which shall be
prominently displayed in the office for which it is issued. A
corporation, partnership, or sole proprietorship shall not
establish more than one principal office within this state.
[1996 c 242 § 4.]
18.185.240 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 255.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.185.900 Severability—1993 c 260. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or
the application of the provision to other persons or circumstances is not affected. [1993 c 260 § 23.]
18.185.901 Effective date—1993 c 260. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 260 § 25.]
Implementation—1993 c 260: "The director of licensing may take
such steps as are necessary to ensure that this act is implemented on its
effective date." [1993 c 260 § 24.]
Chapter 18.190
OPERATION AS LIMITED LIABILITY COMPANY
Sections
18.190.010 License—Requirements.
18.190.010 License—Requirements. Any business or
profession licensed under this title may operate as a limited
liability company formed under chapter 25.15 RCW. Any
such limited liability company must be licensed as a limited
liability company in accordance with the otherwise applicable licensing provisions of this title. Any such limited
liability company shall meet the following requirements:
(2002 Ed.)
18.185.220
(1) The principal purpose and business of the limited
liability company shall be to furnish services to the public
which are consistent with the applicable chapter under this
title;
(2) At least one manager of the limited liability company shall be a person licensed under the applicable chapter
under this title; and
(3) Each resident manager or member in charge of an
office of the limited liability company in this state and each
resident manager or member personally engaged within this
state in the business or profession of the company shall be
licensed under the applicable chapter under this title. [1994
c 211 § 1403.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Chapter 18.195
CONSUMER ACCESS TO VISION CARE ACT
Sections
18.195.010 Findings—Intent.
18.195.020 Definitions.
18.195.030 Prohibited practices—Separation of examination and dispensing—Notice—Duplication of lenses.
18.195.040 Prescription not referring to contacts—Verification of performance—Notice—Prescription time limit—Safety notice—Noncompliance.
18.195.050 Rule making—Effect.
18.195.900 Short title.
18.195.901 Construction.
18.195.902 Captions not law.
18.195.903 Severability—1994 c 106.
18.195.010 Findings—Intent. The legislature finds
that in the newly reformed health care delivery system it is
necessary to clarify providers’ roles to ensure that they are
working together to maximize patient access while controlling costs. This is especially important in the vision care
industry, where the potential for confusion exists due to
some overlapping scopes of practice among licensed providers.
The legislature finds that boards regulating health care
professions should be mindful of the necessary balance
between public safety and access to affordable care, and
adopt rules that are consistent with their legislative intent.
The risk that this balance may be lost is especially high in
the optical industry, where competitive pressures have led to
the involvement of the federal trade commission. The
legislature recognizes its role in ensuring appropriate access
to vision care for state residents by clarifying necessary
prescription content and ensuring prescription release to the
patient. [1994 c 106 § 1.]
18.195.020 Definitions. For purposes of this chapter,
the following definitions apply:
(1) "Dispensing" means the retail delivery of ophthalmic
goods to the patient by a prescriber or optician.
(2) "Eye examination" means a testing process administered by a prescriber that includes the process of determining
the refractive condition of a patient’s eyes. If requested by
the patient, it also determines the appropriateness of contact
lenses.
[Title 18 RCW—page 353]
18.195.020
Title 18 RCW: Businesses and Professions
(3) "Fitting" means the performance of mechanical
procedures and measurements necessary to adapt and fit
eyeglasses or contact lenses from a written prescription. In
the case of contact lenses, the prescription must be in writing
and fitting includes the selection of the physical characteristics of the lenses including conversion of the spectacle power
to contact lens equivalents, lens design, material and manufacturer of the lenses, and supervision of the trial wearing of
the lenses which may require incidental revisions during the
fitting period. The revisions may not alter the effect of the
written prescription.
(4) "Ophthalmic goods" means eyeglasses or a component or components of eyeglasses, and contact lenses.
(5) "Ophthalmic services" means the measuring, fitting,
adjusting, and fabricating of ophthalmic goods subsequent to
an eye examination.
(6) "Optician" means a person licensed under chapter
18.34 RCW.
(7) "Patient" means a person who has had an eye
examination.
(8) "Practitioner" includes prescribers and opticians.
(9) "Prescriber" means an ophthalmologist or optometrist who performs eye examinations under chapter 18.53,
18.57, or 18.71 RCW.
(10) "Prescription" means the written directive from a
prescriber for corrective lenses and consists of the refractive
powers. If the patient wishes to purchase contact lenses, the
prescription must contain a notation that the patient is "OK
for contacts" or similar language confirming there are no
contraindications for contacts.
(11) "Secretary" means the secretary of the department
of health. [1994 c 106 § 2.]
18.195.030 Prohibited practices—Separation of
examination and dispensing—Notice—Duplication of
lenses. (1) No prescriber shall:
(a) Fail to provide to the patient one copy of the
patient’s prescription at the completion of the eye examination. A prescriber may refuse to give the patient a copy of
the patient’s prescription until the patient has paid for the
eye examination, but only if that prescriber would have
required immediate payment from that patient had the
examination revealed that no ophthalmic goods were
required;
(b) Condition the availability of an eye examination or
prescription, or both, to a patient on a requirement that the
patient agree to purchase ophthalmic goods from the prescriber or a dispenser approved by the prescriber;
(c) Fail to include a notation of "OK for contacts" or
similar language on the prescription if the prescriber would
have fitted the patient himself or herself, provided there are
no contraindications for contacts, and if the patient has
requested contact lenses. Such a notation will indicate to the
practitioner fitting the contact lenses that the initial fitting
and follow-up must be completed within six months of the
date of the eye examination. The prescriber will inform the
patient that failure to complete the initial fitting and obtain
the follow-up evaluation by a prescriber within the six-month
time frame will void the "OK for contacts" portion of the
prescription. The prescriber who performs the follow-up
will place on the prescription "follow-up completed," or
[Title 18 RCW—page 354]
similar language, and include his or her name and the date
of the follow-up. Patients who comply with both the initial
fitting and follow-up requirements will then be able to obtain
replacement contact lenses until the expiration date listed on
the prescription. If the prescriber concludes the ocular
health of the eye presents a contraindication for contact
lenses, a verbal explanation of that contraindication must be
given to the patient by the prescriber at the time of the eye
examination and documentation maintained in the patient’s
records. However, a prescriber may exclude categories of
contact lenses where clinically indicated;
(d) Include a prescription expiration date of less than
two years, unless warranted by the ocular health of the eye.
If a prescription is to expire in less than two years, an
explanatory notation must be made by the prescriber in the
patient’s record and a verbal explanation given to the patient
at the time of the eye examination;
(e) Charge the patient a fee in addition to the
prescriber’s examination fee as a condition to releasing the
prescription to the patient. However, a prescriber may
charge a reasonable, additional fee for verifying ophthalmic
goods dispensed by another practitioner if that fee is imposed at the time the verification is performed; or
(f) Place on the prescription, or require the patient to
sign, or deliver to the patient a form or notice waiving or
disclaiming the liability or responsibility of the prescriber for
the accuracy of the eye examination or the accuracy of the
ophthalmic goods and services dispensed by another practitioner. In prohibiting the use of waivers and disclaimers of
liability under this subsection, it is not the intent of the
legislature to impose liability on an ophthalmologist or
optometrist for the ophthalmic goods and services dispensed
by another seller pursuant to the ophthalmologist’s or
optometrist’s prescription.
(2) Nothing contained in this title shall prevent a
prescriber or optician from measuring the refractive power
of eyeglass lenses and duplicating the eyeglass lenses upon
the request of a patient. [1994 c 106 § 3.]
18.195.040 Prescription not referring to contacts—
Verification of performance—Notice—Prescription time
limit—Safety notice—Noncompliance. (1) If the patient
chooses to purchase contact lenses from an optician and the
prescription is silent regarding contact lenses, the optician
shall contact the prescriber and request a written prescription
with a notation of "OK for contacts" or similar language.
However, if no evaluation for contact lenses had been done
during the eye examination, the prescriber may decline to
approve the prescription for contact lenses without further
evaluation.
(2) If a patient chooses to purchase contact lenses from
an optician, the optician shall advise the patient, in writing,
that a prescriber is to verify the performance of the initial set
of contact lenses on the eyes within six months of the date
of the eye examination or the "OK for contacts" portion of
the prescription will be void. The patient shall be requested
to sign the written advisement and the signed document will
be maintained as part of the patient’s records. If the patient
declines to sign the document, it shall be noted in the record.
(3) No practitioner may dispense contact lenses based
on a prescription that is over two years old.
(2002 Ed.)
Consumer Access to Vision Care Act
(4) All fitters and dispensers of contact lenses shall
distribute safety pamphlets to their patients in order to
improve consumer decisions as well as health-related
decisions.
(5) It is unprofessional conduct under chapter 18.130
RCW for a practitioner to fail to comply with this section.
[1994 c 106 § 4.]
18.195.050 Rule making—Effect. (1) The secretary
shall adopt rules necessary to implement the purposes of this
chapter. The secretary is specifically directed to adopt rules
that maximize competition in the delivery of vision care
limited only by the existing scope of practice of the professions and by provisions preventing demonstrated and
substantial threats to the public’s vision health.
(2) This chapter and the rules adopted by the secretary
pursuant to this section shall supersede rules adopted
pursuant to chapter 18.34, 18.53, 18.57, or 18.71 RCW that
conflict with this chapter. To the extent that, in the
secretary’s opinion, these rules conflict with the purposes of
this chapter, the secretary may declare such rules null and
void. [1994 c 106 § 6.]
18.195.900 Short title. This chapter may be cited as
the Consumer Access to Vision Care Act. [1994 c 106 § 7.]
18.195.901 Construction. Nothing in this chapter
shall be construed as expanding the scope of practice of a
vision care practitioner beyond that currently authorized by
state law. [1994 c 106 § 5.]
18.195.902 Captions not law. Section captions as
used in this chapter constitute no part of the law. [1994 c
106 § 8.]
18.195.903 Severability—1994 c 106. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1994 c 106 § 9.]
Chapter 18.200
ORTHOTIC AND PROSTHETIC SERVICES
Sections
18.200.005
18.200.010
18.200.020
18.200.030
18.200.040
18.200.050
18.200.060
18.200.070
18.200.080
18.200.090
18.200.100
18.200.900
18.200.901
18.200.902
(2002 Ed.)
Intent—Purpose—1997 c 285.
Definitions.
Treatment limits.
Use of title—Prohibited without license—Posting of license.
Practices not limited by chapter.
Secretary’s authority.
Advisory committee—Composition—Terms—Duties.
Application—Requirements—Examination—Alternative
standards.
Licensure without examination.
Reciprocity.
Application of uniform disciplinary act.
Short title.
Severability—1997 c 285.
Effective date—1997 c 285 §§ 1-5 and 8-12.
18.195.040
18.200.005 Intent—Purpose—1997 c 285. It is the
intent of the legislature that this act accomplish the following: Safeguard public health, safety, and welfare; protect the
public from being mislead by unethical, ill-prepared, unscrupulous, and unauthorized persons; assure the highest degree
of professional conduct on the part of orthotists and
prosthetists; and assure the availability of orthotic and
prosthetic services of high quality to persons in need of the
services. The purpose of this act is to provide for the
regulation of persons offering orthotic and prosthetic services
to the public. [1997 c 285 § 1.]
18.200.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means the orthotics and
prosthetics advisory committee.
(2) "Department" means the department of health.
(3) "Secretary" means the secretary of health or the
secretary’s designee.
(4) "Orthotics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, adjusting, or servicing, as well as providing the initial
training necessary to accomplish the fitting of, an orthosis
for the support, correction, or alleviation of neuromuscular
or musculoskeletal dysfunction, disease, injury, or deformity.
The practice of orthotics encompasses evaluation, treatment,
and consultation. With basic observational gait and postural
analysis, orthotists assess and design orthoses to maximize
function and provide not only the support but the alignment
necessary to either prevent or correct deformity or to
improve the safety and efficiency of mobility or locomotion,
or both. Orthotic practice includes providing continuing
patient care in order to assess its effect on the patient’s
tissues and to assure proper fit and function of the orthotic
device by periodic evaluation.
(5) "Orthotist" means a person licensed to practice
orthotics under this chapter.
(6) "Orthosis" means a custom-fabricated, definitive
brace or support that is designed for long-term use. Except
for the treatment of scoliosis, orthosis does not include
prefabricated or direct-formed orthotic devices, as defined in
this section, or any of the following assistive technology
devices: Commercially available knee orthoses used
following injury or surgery; spastic muscle tone-inhibiting
orthoses; upper extremity adaptive equipment; finger splints;
hand splints; custom-made, leather wrist gauntlets; face
masks used following burns; wheelchair seating that is an
integral part of the wheelchair and not worn by the patient
independent of the wheelchair; fabric or elastic supports;
corsets; arch supports, also known as foot orthotics; lowtemperature formed plastic splints; trusses; elastic hose;
canes; crutches; cervical collars; dental appliances; and other
similar devices as determined by the secretary, such as those
commonly carried in stock by a pharmacy, department store,
corset shop, or surgical supply facility. Prefabricated
orthoses, also known as custom-fitted, or off-the-shelf, are
devices that are manufactured as commercially available
stock items for no specific patient. Direct-formed orthoses
are devices formed or shaped during the molding process
directly on the patient’s body or body segment. Custom[Title 18 RCW—page 355]
18.200.010
Title 18 RCW: Businesses and Professions
fabricated orthoses, also known as custom-made orthoses, are
devices designed and fabricated, in turn, from raw materials
for a specific patient and require the generation of an image,
form, or mold that replicates the patient’s body or body
segment and, in turn, involves the rectification of dimensions, contours, and volumes to achieve proper fit, comfort,
and function for that specific patient.
(7) "Prosthetics" means the science and practice of
evaluating, measuring, designing, fabricating, assembling,
fitting, aligning, adjusting, or servicing, as well as providing
the initial training necessary to accomplish the fitting of, a
prosthesis through the replacement of external parts of a
human body lost due to amputation or congenital deformities
or absences. The practice of prosthetics also includes the
generation of an image, form, or mold that replicates the
patient’s body or body segment and that requires rectification
of dimensions, contours, and volumes for use in the design
and fabrication of a socket to accept a residual anatomic
limb to, in turn, create an artificial appendage that is
designed either to support body weight or to improve or
restore function or cosmesis, or both. Involved in the
practice of prosthetics is observational gait analysis and
clinical assessment of the requirements necessary to refine
and mechanically fix the relative position of various parts of
the prosthesis to maximize the function, stability, and safety
of the patient. The practice of prosthetics includes providing
continuing patient care in order to assess the prosthetic
device’s effect on the patient’s tissues and to assure proper
fit and function of the prosthetic device by periodic evaluation.
(8) "Prosthetist" means a person who is licensed to
practice prosthetics under this chapter.
(9) "Prosthesis" means a definitive artificial limb that is
alignable or articulated, or, in lower extremity applications,
capable of weight bearing. Prosthesis means an artificial
medical device that is not surgically implanted and that is
used to replace a missing limb, appendage, or other external
human body part including an artificial limb, hand, or foot.
The term does not include artificial eyes, ears, fingers or
toes, dental appliances, ostomy products, devices such as
artificial breasts, eyelashes, wigs, or other devices as
determined by the secretary that do not have a significant
impact on the musculoskeletal functions of the body. In the
lower extremity of the body, the term prosthesis does not
include prostheses required for amputations distal to and
including the transmetatarsal level. In the upper extremity
of the body, the term prosthesis does not include prostheses
that are provided to restore function for amputations distal to
and including the carpal level.
(10) "Authorized health care practitioner" means
licensed physicians, physician’s assistants, osteopathic
physicians, chiropractors, naturopaths, podiatric physicians
and surgeons, dentists, and advanced registered nurse
practitioners. [1997 c 285 § 2.]
18.200.020 Treatment limits. An orthotist or
prosthetist may only provide treatment utilizing new orthoses
or prostheses for which the orthotist or prosthetist is licensed
to do so, and only under an order from or referral by an
authorized health care practitioner. A consultation and
periodic review by an authorized health care practitioner is
[Title 18 RCW—page 356]
not required for evaluation, repair, adjusting, or servicing of
orthoses by a licensed orthotist and servicing of prostheses
by a licensed prosthetist. Nor is an authorized health care
practitioner’s order required for maintenance of an orthosis
or prosthesis to the level of its original prescription for an
indefinite period of time if the order remains appropriate for
the patient’s medical needs.
Orthotists and prosthetists must refer persons under their
care to authorized health care practitioners if they have
reasonable cause to believe symptoms or conditions are
present that require services beyond the scope of their
practice or for which the prescribed orthotic or prosthetic
treatment is contraindicated. [1997 c 285 § 3.]
18.200.030 Use of title—Prohibited without license—Posting of license. No person may represent
himself or herself as a licensed orthotist or prosthetist, use
a title or description of services, or engage in the practice of
orthotics or prosthetics without applying for licensure,
meeting the required qualifications, and being licensed by the
department of health, unless otherwise exempted by this
chapter.
A person not licensed with the secretary must not
represent himself or herself as being so licensed and may not
use in connection with his or her name the words or letters
"L.O.," "L.P.," or "L.P.O.," or other letters, words, signs,
numbers, or insignia indicating or implying that he or she is
either a licensed orthotist or a licensed prosthetist, or both.
No person may practice orthotics or prosthetics without first
having a valid license. The license must be posted in a
conspicuous location at the person’s work site. [1997 c 285
§ 4.]
18.200.040 Practices not limited by chapter.
Nothing in this chapter shall be construed to prohibit or
restrict:
(1) The practice by individuals listed under RCW
18.130.040 and performing services within their authorized
scopes of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(3) The practice by a person who is a regular student in
an orthotic or prosthetic educational program approved by
the secretary, and whose performance of services is pursuant
to a regular course of instruction or assignments from an
instructor and under the general supervision of the instructor,
if the person is designated by a title that clearly indicates the
person’s status as a student or trainee;
(4) A person fulfilling the supervised residency or
internship experience requirements described in RCW
18.200.070, if the activities and services constitute a part of
the experience necessary to meet the requirements of this
chapter; or
(5) A person from performing orthotic or prosthetic
services in this state if: (a) The services are performed for
no more than ninety working days; and (b) the person is
licensed in another state or has met commonly accepted
standards for the practice of orthotics or prosthetics as
determined by the secretary. [1997 c 285 § 5.]
(2002 Ed.)
Orthotic and Prosthetic Services
18.200.050 Secretary’s authority. In addition to
other authority provided by law, the secretary has the
authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish administrative procedures, administrative
requirements, and fees in accordance with RCW 43.70.250
and 43.70.280. All fees collected under this section must be
credited to the health professions account as required under
RCW 43.70.320;
(3) Register applicants, issue licenses to applicants who
have met the education, training, and examination requirements for licensure, and deny licenses to applicants who do
not meet the minimum qualifications, except that proceedings
concerning the denial of credentials based upon unprofessional conduct or impairment are governed by the uniform
disciplinary act, chapter 18.130 RCW;
(4) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter and hire individuals licensed under this chapter to serve as examiners for any
practical examinations;
(5) Determine minimum education requirements and
evaluate and designate those educational programs from
which graduation will be accepted as proof of eligibility to
take a qualifying examination for applicants for licensure;
(6) Establish the standards and procedures for revocation
of approval of education programs;
(7) Utilize or contract with individuals or organizations
having expertise in the profession or in education to assist in
the evaluations;
(8) Prepare and administer, or approve the preparation
and administration of, examinations for applicants for
licensure;
(9) Determine whether alternative methods of training
are equivalent to formal education, and establish forms,
procedures, and criteria for evaluation of an applicant’s
alternative training to determine the applicant’s eligibility to
take any qualifying examination;
(10) Determine which jurisdictions have licensing
requirements equivalent to those of this state and issue
licenses without examinations to individuals licensed in those
jurisdictions;
(11) Define and approve any experience requirement for
licensing;
(12) Implement and administer a program for consumer
education;
(13) Adopt rules implementing continuing competency
requirements for renewal of the license and relicensing;
(14) Maintain the official department records of all
applicants and licensees;
(15) Establish by rule the procedures for an appeal of an
examination failure;
(16) Establish requirements and procedures for an
inactive license; and
(17) With the advice of the advisory committee, the
secretary may recommend collaboration with health professions, boards, and commissions to develop appropriate
referral protocols. [1997 c 285 § 6.]
18.200.060 Advisory committee—Composition—
Terms—Duties. (1) The secretary has the authority to
(2002 Ed.)
18.200.050
appoint an advisory committee to further the purposes of this
chapter. The secretary may consider the persons who are
recommended for appointment by the orthotic and prosthetic
associations of the state. The committee is composed of five
members, one member initially appointed for a term of one
year, two for a term of two years, and two for a term of
three years. Subsequent appointments are for terms of three
years. No person may serve as a member of the committee
for more than two consecutive terms. Members of the
advisory committee must be residents of this state and
citizens of the United States. The committee is composed of
three individuals licensed in the category designated and
engaged in rendering services to the public. Two members
must at all times be holders of licenses for the practice of
either prosthetics or orthotics, or both, in this state, except
for the initial members of the advisory committee, all of
whom must fulfill the requirements for licensure under this
chapter. One member must be a practicing orthotist. One
member must be a practicing prosthetist. One member must
be licensed by the state as a physician licensed under chapter
18.57 or 18.71 RCW, specializing in orthopedic medicine or
surgery or physiatry. Two members must represent the
public at large and be unaffiliated directly or indirectly with
the profession being credentialed but, to the extent possible,
be consumers of orthotic and prosthetic services. The two
members appointed to the advisory committee representing
the public at large must have an interest in the rights of
consumers of health services and must not be or have been
a licensee of a health occupation committee or an employee
of a health facility, nor derive his or her primary livelihood
from the provision of health services at any level of responsibility.
(2) The secretary may remove any member of the
advisory committee for cause as specified by rule. In the
case of a vacancy, the secretary shall appoint a person to
serve for the remainder of the unexpired term.
(3) The advisory committee may provide advice on
matters specifically identified and requested by the secretary,
such as applications for licenses.
(4) The advisory committee may be requested by the
secretary to approve an examination required for licensure
under this chapter.
(5) The advisory committee may be requested by the
secretary to review and monitor the exemptions to requirements of certain orthoses and prostheses in this chapter and
recommend to the secretary any statutory changes that may
be needed to properly protect the public.
(6) The advisory committee, at the request of the
secretary, may recommend rules in accordance with the
administrative procedure act, chapter 34.05 RCW, relating to
standards for appropriateness of orthotic and prosthetic care.
(7) The advisory committee shall meet at the times and
places designated by the secretary and hold meetings during
the year as necessary to provide advice to the secretary. The
committee may elect a chair and a vice-chair. A majority of
the members currently serving constitute a quorum.
(8) Each member of an advisory committee shall be
reimbursed for travel expenses as authorized in RCW
43.03.050 and 43.03.060. In addition, members of the
committees shall be compensated in accordance with RCW
43.03.240 when engaged in the authorized business of their
committees.
[Title 18 RCW—page 357]
18.200.060
Title 18 RCW: Businesses and Professions
(9) The secretary, members of advisory committees,
individuals acting on their behalf are immune from suit
any action, civil or criminal, based on any credentialing
disciplinary proceedings or other official acts performed
the course of their duties. [1997 c 285 § 7.]
or
in
or
in
18.200.070 Application—Requirements—
Examination—Alternative standards. (1) An applicant
must file a written application on forms provided by the
department showing to the satisfaction of the secretary, in
consultation with the advisory committee, that the applicant
meets the following requirements:
(a) The applicant possesses a baccalaureate degree with
coursework appropriate for the profession approved by the
secretary, or possesses equivalent training as determined by
the secretary pursuant to subsections (3) and (5) of this
section;
(b) The applicant has the amount of formal training,
including the hours of classroom education and clinical
practice, in areas of study as the secretary deems necessary
and appropriate;
(c) The applicant has completed a clinical internship or
residency in the professional area for which a license is
sought in accordance with the standards, guidelines, or
procedures for clinical internships or residencies inside or
outside the state as established by the secretary, or that are
otherwise substantially equivalent to the standards commonly
accepted in the fields of orthotics and prosthetics as determined by the secretary pursuant to subsections (3) and (5) of
this section. The secretary must set the internship as at least
one year.
(2) An applicant for licensure as either an orthotist or
prosthetist must pass all written and practical examinations
that are required and approved by the secretary in consultation with the advisory committee.
(3) The standards and requirements for licensure
established by the secretary must be substantially equal to
the standards commonly accepted in the fields of orthotics
and prosthetics.
(4) An applicant failing to make the required grade in
the first examination may take up to three subsequent
examinations as the applicant desires upon prepaying a fee,
determined by the secretary under RCW 43.70.250, for each
subsequent examination. Upon failing four examinations, the
secretary may invalidate the original application and require
remedial education before the person may take future
examinations.
(5) The secretary may waive some of the education,
examination, or experience requirements of this section if the
secretary determines that the applicant meets alternative
standards, established by the secretary through rule, that are
substantially equivalent to the requirements in subsections
(1) and (2) of this section. [1997 c 285 § 8.]
18.200.080 Licensure without examination. The
secretary may grant a license without an examination for
those applicants who have practiced full time for five of the
six years prior to *the effective date of this act and who
have provided comprehensive orthotic or prosthetic, or
orthotic and prosthetic, services in an established practice.
This section applies only to those individuals who apply
[Title 18 RCW—page 358]
within one year of *the effective date of this act. [1997 c
285 § 9.]
*Reviser’s note: 1997 c 285 has two different effective dates. The
effective date for sections 1 through 5 and 8 through 12 is December 1,
1998, and the effective date for the remainder of the act is July 27, 1997.
18.200.090 Reciprocity. An applicant holding a
license in another state or a territory of the United States
may be licensed to practice in this state without examination
if the secretary determines that the other jurisdiction’s
credentialing standards are substantially equivalent to the
standards in this jurisdiction. [1997 c 285 § 10.]
18.200.100 Application of uniform disciplinary act.
The uniform disciplinary act, chapter 18.130 RCW, governs
the issuance and denial of licenses, unauthorized practice,
and the discipline of persons licensed under this chapter.
The secretary is the disciplining authority under this chapter.
[1997 c 285 § 11.]
18.200.900 Short title. This chapter is known and
may be cited as the orthotics and prosthetics practice act.
[1997 c 285 § 12.]
18.200.901 Severability—1997 c 285. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1997 c 285 § 14.]
18.200.902 Effective date—1997 c 285 §§ 1-5 and 812. Sections 1 through 5 and 8 through 12 of this act take
effect December 1, 1998. [1997 c 285 § 16.]
Chapter 18.205
CHEMICAL DEPENDENCY PROFESSIONALS
Sections
18.205.010
18.205.020
18.205.030
18.205.040
18.205.050
18.205.060
18.205.070
18.205.080
18.205.090
18.205.100
18.205.110
18.205.120
18.205.130
18.205.140
18.205.150
18.205.900
Chemical dependency professional certification.
Definitions.
Title or description of services.
Use of title.
Practice not prohibited or restricted by chapter.
Authority of secretary.
Official record of proceedings.
Chemical dependency certification advisory committee—
Composition—Terms.
Certification requirements.
Educational programs and alternative training—Standards
and procedures—Established by rule.
Examination.
Application for certification—Fee.
Waiver of examination—Certification of applicants—Intent.
Applicant credentialed in another state—Certification without examination.
Uniform disciplinary act.
Effective dates—1998 c 243.
18.205.010 Chemical dependency professional
certification. The legislature recognizes chemical dependency professionals as discrete health professionals. Chemical
dependency professional certification serves the public
interest. [1998 c 243 § 1.]
(2002 Ed.)
Chemical Dependency Professionals
18.205.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Certification" means a voluntary process recognizing an individual who qualifies by examination and meets
established educational prerequisites, and which protects the
title of practice.
(2) "Certified chemical dependency professional" means
an individual certified in chemical dependency counseling,
under this chapter.
(3) "Chemical dependency counseling" means employing
the core competencies of chemical dependency counseling to
assist or attempt to assist an alcohol or drug addicted person
to develop and maintain abstinence from alcohol and other
mood-altering drugs.
(4) "Committee" means the chemical dependency
certification advisory committee established under this
chapter.
(5) "Core competencies of chemical dependency
counseling" means competency in the nationally recognized
knowledge, skills, and attitudes of professional practice,
including assessment and diagnosis of chemical dependency,
chemical dependency treatment planning and referral, patient
and family education in the disease of chemical dependency,
individual and group counseling with alcoholic and drug
addicted individuals, relapse prevention counseling, and case
management, all oriented to assist alcoholic and drug
addicted patients to achieve and maintain abstinence from
mood-altering substances and develop independent support
systems.
(6) "Department" means the department of health.
(7) "Health profession" means a profession providing
health services regulated under the laws of this state.
(8) "Secretary" means the secretary of health or the
secretary’s designee. [1998 c 243 § 2.]
18.205.030 Title or description of services. No
person may represent oneself as a certified chemical dependency professional or use any title or description of services
of a certified chemical dependency professional without
applying for certification, meeting the required qualifications,
and being certified by the department of health, unless
otherwise exempted by this chapter. [2000 c 171 § 41; 1998
c 243 § 3.]
18.205.040 Use of title. Nothing in this chapter shall
be construed to authorize the use of the title "certified
chemical dependency professional" when treating patients in
settings other than programs approved under chapter 70.96A
RCW. [1998 c 243 § 4.]
18.205.050 Practice not prohibited or restricted by
chapter. Nothing in this chapter shall be construed to
prohibit or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing
services within the authorized scope of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(2002 Ed.)
18.205.020
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor. [1998 c 243
§ 5.]
18.205.060 Authority of secretary. In addition to any
other authority provided by law, the secretary has the
authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter, in consultation with the committee;
(2) Establish all certification, examination, and renewal
fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue certificates to applicants who have met the
education, training, and examination requirements for
certification and to deny certification to applicants who do
not meet the minimum qualifications, except that proceedings
concerning the denial of certification based upon unprofessional conduct or impairment shall be governed by the
uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals certified under this chapter to serve as examiners for any
practical examinations;
(6) Determine minimum education requirements and
evaluate and designate those educational programs that will
be accepted as proof of eligibility to take a qualifying
examination for applicants for certification;
(7) Prepare, grade, and administer, or determine the
nature of, and supervise the grading and administration of,
examinations for applicants for certification;
(8) Determine whether alternative methods of training
are equivalent to formal education, and establish forms,
procedures, and criteria for evaluation of an applicant’s
alternative training to determine the applicant’s eligibility to
take any qualifying examination;
(9) Determine which states have credentialing requirements equivalent to those of this state, and issue certificates
to individuals credentialed in those states without examinations;
(10) Define and approve any experience requirement for
certification;
(11) Implement and administer a program for consumer
education;
(12) Adopt rules implementing a continuing competency
program;
(13) Maintain the official department record of all
applicants and certificated individuals;
(14) Establish by rule the procedures for an appeal of an
examination failure; and
(15) Establish disclosure requirements. [1998 c 243 §
6.]
18.205.070 Official record of proceedings. The
secretary shall keep an official record of all proceedings. A
part of the record shall consist of a register of all applicants
for certification under this chapter and the results of each
application. [1998 c 243 § 7.]
[Title 18 RCW—page 359]
18.205.080
Title 18 RCW: Businesses and Professions
18.205.080 Chemical dependency certification
advisory committee—Composition—Terms. (1) The
secretary shall appoint a chemical dependency certification
advisory committee to further the purposes of this chapter.
The committee shall be composed of seven members, one
member initially appointed for a term of one year, three for
a term of two years, and three for a term of three years.
Subsequent appointments shall be for terms of three years.
No person may serve as a member of the committee for
more than two consecutive terms. Members of the committee shall be residents of this state. The committee shall be
composed of four certified chemical dependency professionals; one chemical dependency treatment program director;
one physician licensed under chapter 18.71 or 18.57 RCW
who is certified in addiction medicine or a licensed or
certified mental health practitioner; and one member of the
public who has received chemical dependency counseling.
(2) The secretary may remove any member of the
committee for cause as specified by rule. In the case of a
vacancy, the secretary shall appoint a person to serve for the
remainder of the unexpired term.
(3) The committee shall meet at the times and places
designated by the secretary and shall hold meetings during
the year as necessary to provide advice to the director. The
committee may elect a chair and a vice-chair. A majority of
the members currently serving shall constitute a quorum.
(4) Each member of the committee shall be reimbursed
for travel expenses as authorized in RCW 43.03.050 and
43.03.060. In addition, members of the committee shall be
compensated in accordance with RCW 43.03.240 when
engaged in the authorized business of the committee.
(5) The director of the department of social and health
services division of alcohol and substance abuse or the
director’s designee, shall serve as an ex officio member of
the committee.
(6) The secretary, members of the committee, or
individuals acting on their behalf are immune from suit in
any action, civil or criminal, based on any certification or
disciplinary proceedings or other official acts performed in
the course of their duties. [1998 c 243 § 8.]
18.205.090 Certification requirements. (1) The
secretary shall issue a certificate to any applicant who
demonstrates to the secretary’s satisfaction that the following
requirements have been met:
(a) Completion of an educational program approved by
the secretary or successful completion of alternate training
that meets established criteria;
(b) Successful completion of an approved examination,
based on core competencies of chemical dependency
counseling; and
(c) Successful completion of an experience requirement
that establishes fewer hours of experience for applicants with
higher levels of relevant education. In meeting any experience requirement established under this subsection, the
secretary may not require more than one thousand five
hundred hours of experience in chemical dependency
counseling for applicants who are licensed under chapter
18.83 RCW or under chapter 18.79 RCW as advanced
registered nurse practitioners.
[Title 18 RCW—page 360]
(2) The secretary shall establish by rule what constitutes
adequate proof of meeting the criteria.
(3) Applicants are subject to the grounds for denial of
a certificate or issuance of a conditional certificate under
chapter 18.130 RCW.
(4) Certified chemical dependency professionals shall
not be required to be registered under chapter 18.19 RCW or
licensed under chapter 18.225 RCW. [2001 c 251 § 30;
1998 c 243 § 9.]
Severability—2001 c 251: See RCW 18.225.900.
18.205.100 Educational programs and alternative
training—Standards and procedures—Established by
rule. The secretary may establish by rule the standards and
procedures for approval of educational programs and
alternative training. The secretary may utilize or contract
with individuals or organizations having expertise in the
profession or in education to assist in the evaluations. The
secretary shall establish by rule the standards and procedures
for revocation of approval of educational programs. The
standards and procedures set shall apply equally to educational programs and training in the United States and in
foreign jurisdictions. The secretary may establish a fee for
educational program evaluations. [2000 c 171 § 42; 1998 c
243 § 10.]
18.205.110 Examination. (1) The date and location
of examinations shall be established by the secretary.
Applicants who have been found by the secretary to meet the
other requirements for certification shall be scheduled for the
next examination following the filing of the application. The
secretary shall establish by rule the examination application
deadline.
(2) The secretary or the secretary’s designees shall
examine each applicant, by means determined most effective,
on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of
determining whether the applicant possesses the minimum
skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for
a period of not less than one year after the secretary has
made and published the decisions. All examinations shall be
conducted under fair and wholly impartial methods.
(4) Any applicant failing to make the required grade in
the first examination may take up to three subsequent
examinations as the applicant desires upon prepaying a fee
determined by the secretary under RCW 43.70.250 for each
subsequent examination. Upon failing four examinations, the
secretary may invalidate the original application and require
such remedial education before the person may take future
examinations.
(5) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the
certification requirements. [1998 c 243 § 11.]
18.205.120 Application for certification—Fee.
Applications for certification shall be submitted on forms
provided by the secretary. The secretary may require any
information and documentation that reasonably relates to the
(2002 Ed.)
Chemical Dependency Professionals
need to determine whether the applicant meets the criteria
for certification provided for in this chapter and chapter
18.130 RCW. Each applicant shall pay a fee determined by
the secretary under RCW 43.70.250. The fee shall accompany the application. [1998 c 243 § 12.]
18.205.130 Waiver of examination—Certification of
applicants—Intent. (1) Within two years after July 1,
1999, the secretary shall waive the examination and certify
a person who pays a fee and produces a valid chemical
dependency counselor certificate of qualification from the
department of social and health services.
(2) Within two years after July 1, 1999, the secretary
shall waive the examination and certify applicants who are
licensed under chapter 18.83 RCW or under chapter 18.79
RCW as advanced registered nurse practitioners who pay a
fee, who document completion of courses substantially
equivalent to those required of chemical dependency counselors working in programs approved under chapter 70.96A
RCW on July 1, 1999, and who provide evidence of one
thousand five hundred hours of experience in chemical
dependency counseling.
(3) It is the intent of the legislature that the
credentialing of chemical dependency professionals be
established solely by the department. [1998 c 243 § 13.]
18.205.140 Applicant credentialed in another
state—Certification without examination. An applicant
holding a credential in another state may be certified to
practice in this state without examination if the secretary
determines that the other state’s credentialing standards are
substantially equivalent to the standards in this state. [1998
c 243 § 14.]
18.205.150 Uniform disciplinary act. The uniform
disciplinary act, chapter 18.130 RCW, shall govern the
issuance and denial of certificates, unauthorized practice, and
the discipline of persons certified under this chapter. The
secretary shall be the disciplining authority under this
chapter. [1998 c 243 § 15.]
18.205.900 Effective dates—1998 c 243. This act
takes effect July 1, 1998, except for sections 3, 9, 13, and 14
of this act, which take effect July 1, 1999. [1998 c 243 §
18.]
Chapter 18.210
ON-SITE WASTEWATER TREATMENT
SYSTEMS—DESIGNER LICENSING
Sections
18.210.005
18.210.010
18.210.020
18.210.030
18.210.040
18.210.050
18.210.060
18.210.070
18.210.080
18.210.090
18.210.100
(2002 Ed.)
Findings—Purpose—Prohibition.
Definitions.
Unprofessional conduct.
Board—Powers—Complaints.
Advisory committee.
Director’s authority.
Board—Authority—Duties.
Advisory committee—Duties.
Immunity.
Practice permits—License.
Written examination—Minimum requirements.
18.210.110
18.210.120
18.210.130
18.210.140
18.210.150
18.210.160
18.210.170
18.210.180
18.210.190
18.210.200
18.210.210
18.210.220
18.210.900
18.205.120
Experience from outside state.
Application for licensure—References—Fees.
Issuance of license.
Renewal—Renewal fee—Penalty fee.
Persons exempt from licensure.
Unlicensed practice—Penalty.
Continuing education.
Foreign jurisdiction—License without examination.
Local health jurisdictions—Certificate of competency—Fee.
Account—Budget request.
Chapter evaluation—Financial assurance.
Uniform regulation of business and professions act.
Captions not law—1999 c 263.
18.210.005 Findings—Purpose—Prohibition. (1) In
order to safeguard life, health, and property and to promote
the public welfare, the legislature finds that it is in the public
interest to permit the limited practice of engineering by
qualified individuals who are not registered as professional
engineers under chapter 18.43 RCW. The increased complexity of on-site wastewater treatment systems, changes in
treatment technology, and the need to protect ground water
and watershed areas make it essential that qualified professionals design the systems. Furthermore, the legislature
finds that individuals who have been authorized by local
health jurisdictions to design on-site wastewater treatment
systems have performed these designs in the past. However,
it is desirable to establish a statewide licensing program to
create uniform application of design practices, standards for
designs, individual qualifications, and consistent enforcement
efforts applicable to all persons who design on-site
wastewater treatment systems, including persons licensed to
practice as professional engineers under chapter 18.43 RCW.
It is further desirable to establish a certification program
applicable to all persons who inspect or approve on-site
wastewater treatment systems on behalf of a local health
jurisdiction.
(2) It is unlawful for any individual to practice or offer
to practice the design of on-site wastewater treatment
systems unless licensed in accordance with this chapter or
licensed as a professional engineer under chapter 18.43
RCW. [1999 c 263 § 1.]
18.210.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Advisory committee" means a group of individuals
with broad knowledge and experience in the design, construction, and regulation of on-site wastewater treatment
systems, appointed under this chapter to offer recommendations to the board and the director on the administration of
the program established under this chapter.
(2) "Board" means the board of registration for professional engineers and land surveyors as defined in chapter
18.43 RCW.
(3) "Designer," "licensee," or "permit holder" means an
individual authorized under this chapter to perform design
services for on-site wastewater treatment systems.
(4) "Director" means the director of the Washington
state department of licensing.
(5) "Engineer" means a professional engineer licensed
under chapter 18.43 RCW.
(6) "Practice of engineering" has the meaning set forth
in RCW 18.43.020(5).
[Title 18 RCW—page 361]
18.210.010
Title 18 RCW: Businesses and Professions
(7) "On-site wastewater treatment system" means an
integrated system of components that: Convey, store, treat,
and/or provide subsurface soil treatment and disposal of
wastewater effluent on the property where it originates or on
adjacent or other property and includes piping, treatment
devices, other accessories, and soil underlying the disposal
component of the initial and reserve areas, for on-site
wastewater treatment under three thousand five hundred
gallons per day when not connected to a public sewer
system.
(8) "On-site wastewater design" means the development
of plans, details, specifications, instructions, or inspections
by application of specialized knowledge in analysis of soils,
on-site wastewater treatment systems, disposal methods, and
technologies to create an integrated system of collection,
transport, distribution, treatment, and disposal of on-site
wastewater.
(9) "Local health jurisdiction" or "jurisdictional health
department" means an administrative agency created under
chapter 70.05, 70.08, or 70.46 RCW, that administers the
regulation and codes regarding on-site wastewater treatment
systems.
(10) "Practice permit" means an authorization to practice
granted to an individual who designs on-site wastewater
treatment systems and who has been authorized by a local
health jurisdiction to practice on or before July 1, 2000.
(11) "License" means a license to design on-site
wastewater treatment systems under this chapter.
(12) "Certificate of competency" means a certificate
issued to employees of local health jurisdictions indicating
that the certificate holder has passed the licensing examination required under this chapter. [1999 c 263 § 2.]
18.210.020 Unprofessional conduct. (Effective until
January 1, 2003.) (1) The following conduct, acts, and
conditions constitute unprofessional conduct for any person
issued, or applying for, a practice permit or license under
this chapter:
(a) Any act involving moral turpitude, dishonesty, or
corruption relating to the practice of on-site wastewater
treatment designs or inspections, whether or not the act
constitutes a crime;
(b) Misrepresentation or concealment of a material fact
in applying for, obtaining, or reinstating a practice permit or
license;
(c) Any advertising which is false, fraudulent, or
misleading;
(d) Incompetence, gross negligence, or malpractice that
results in injury to an individual, damage to property, or
adverse impact on the environment;
(e) As determined by the board, failure to provide to the
board in a timely manner any lawfully requested information
or documentation regarding a pending application, license
renewal application, or administrative proceeding;
(f) Failure to comply with an order issued or approved
by the board;
(g) Aiding or abetting a person in engaging in practice
without a required practice permit or license;
(h) Practicing beyond the scope of practice as defined
by law or rule;
[Title 18 RCW—page 362]
(i) Misrepresentation or fraud in any aspect of the
conduct of the business or profession of designing on-site
wastewater treatment systems;
(j) Failure to adequately supervise auxiliary staff to the
extent that the consumer’s health or safety is at risk;
(k) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
board or its authorized representative, or by the use of
threats or harassment against any person who may serve as
a witness in any adjudicative proceeding before the board;
(l) Practicing with a practice permit or license issued
under this chapter that is expired, suspended, or revoked;
(m) Being willfully untruthful or deceptive in any
document, report, statement, testimony, or plan that pertains
to the design or construction of an on-site wastewater
treatment system;
(n) Submission of a design or as-built record to a local
health jurisdiction, to the department of health, or to the
department of ecology, that is knowingly based upon false,
incorrect, misleading, or fabricated information; and
(o) Any act or omission that is contrary to the standard
of practice for individuals authorized to practice under this
chapter.
(2) If an act constitutes a crime, conviction in a criminal
proceeding is not a condition precedent to disciplinary
action. Upon conviction, however, the judgment and
sentence is conclusive evidence, at the ensuing disciplinary
hearing, of guilt of the crime described in the complaint,
indictment, or information, and of violation of the statute on
which it is based. For the purposes of this section, conviction includes all instances in which a plea of guilty or nolo
contendere is the basis for the conviction and in all proceedings in which the sentence has been deferred or suspended.
[1999 c 263 § 3.]
18.210.020 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the following conduct, acts,
and conditions constitute unprofessional conduct:
(1) Practicing with a practice permit or license issued
under this chapter that is expired, suspended, or revoked;
(2) Being willfully untruthful or deceptive in any
document, report, statement, testimony, or plan that pertains
to the design or construction of an on-site wastewater
treatment system; and
(3) Submission of a design or as-built record to a local
health jurisdiction, to the department of health, or to the
department of ecology, that is knowingly based upon false,
incorrect, misleading, or fabricated information. [2002 c 86
§ 256; 1999 c 263 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.030 Board—Powers—Complaints. (Effective
until January 1, 2003.) (1) The board, upon finding a
violation of this chapter, has the exclusive power to:
(a) Reprimand an applicant, licensee, or practice permit
holder;
(b) Suspend, revoke, or refuse to renew a license or
practice permit;
(2002 Ed.)
On-Site Wastewater Treatment Systems—Designer Licensing
(c) Deny an application for a practice permit or license;
and
(d) Impose any monetary penalty not exceeding one
thousand dollars for each violation upon an applicant,
licensee, or permit holder.
(2) Any person may file with the board a complaint
alleging violation of this chapter. All complaints alleging
violation of this chapter must be in writing and sworn to by
the person making the allegation.
(3) All procedures related to hearings on any complaint
alleging violations of this chapter must comply with provisions governing adjudicative proceedings as set forth in
chapter 34.05 RCW, the administrative procedure act.
(4) The board shall immediately suspend the license or
practice permit of a person who has been certified pursuant
to RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for a license under this chapter during the suspension,
reissuance of the license or certificate shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the child support order. The
procedure in RCW 74.20A.320 is the exclusive administrative remedy for contesting the establishment of noncompliance with a child support order, and suspension of a
license under this subsection, and satisfies the requirements
of RCW 34.05.422. [1999 c 263 § 4.]
18.210.030 Support order—License/practice permit
suspension. (Effective January 1, 2003.) The board shall
immediately suspend the license or practice permit of a
person who has been certified pursuant to RCW 74.20A.320
by the department of social and health services as a person
who is not in compliance with a support order. If the person
has continued to meet all other requirements for a license
under this chapter during the suspension, reissuance of the
license or certificate shall be automatic upon the
department’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the child support order. The procedure in
RCW 74.20A.320 is the exclusive administrative remedy for
contesting the establishment of noncompliance with a child
support order, and suspension of a license under this
subsection [section], and satisfies the requirements of RCW
34.05.422. [2002 c 86 § 257; 1999 c 263 § 4.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.040 Advisory committee. (1) There is created
an advisory committee, which shall provide recommendations to the board and the director concerning the implementation of this chapter. The advisory committee shall consist
of five members who are conversant with and experienced
in the design, inspection, construction, and/or maintenance of
on-site wastewater treatment systems, and who are otherwise
eligible for licensure under this chapter. Each member of
the committee must be a resident of the state and must have
a minimum of seven years of continuous experience with on-
(2002 Ed.)
18.210.030
site wastewater treatment systems immediately prior to
appointment.
(2) The director shall appoint to the committee individuals from across the state, thus utilizing geographic and
experiential diversity as much as possible. The terms of the
members of the advisory committee shall be a maximum of
three years, except that the initial appointees to the committee shall serve the following terms: Two members for two
years and three members for three years. No member of the
advisory committee is eligible for reappointment to a third
consecutive term, but any member is eligible for reappointment after an absence of at least one year from the committee. Any member who is reappointed following an absence
of at least one year from the committee is eligible for
reappointment to a second consecutive term and is again
eligible for reappointment after an absence of at least one
year from the committee.
(3) Members of the advisory committee shall serve until
replaced by a subsequent appointment, but may resign prior
to completing the term of appointment. The director may
for just cause remove a committee member. The director
shall appoint a new member to fill any vacancy on the
advisory committee for the remainder of the unexpired term.
Members of the advisory committee shall not be compensated, but shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. Three members
constitutes a quorum.
(4) At the request of the advisory committee, the
director may appoint temporary additional members to the
advisory committee for assistance with rule development,
examination development, and technical advice on complaints. Members temporarily appointed must meet the same
minimum qualifications as regular members of the advisory
committee. Temporary members have all the powers, duties,
and immunities of regular members of the advisory committee and shall be reimbursed for expenses incurred in accordance with RCW 43.03.050 and 43.03.060. The director
shall limit the term of temporary members to one year, but
may for just cause extend the original appointment up to one
additional year. [1999 c 263 § 5.]
18.210.050 Director’s authority. The director may:
(1) Appoint and reappoint members to the advisory
committee, including temporary additional members, and
remove committee members for just cause;
(2) Employ administrative, clerical, and investigative
staff as necessary to administer and enforce this chapter;
(3) Establish fees for applications, examinations, and
renewals in accordance with chapter 43.24 RCW;
(4) Issue practice permits and licenses to applicants who
meet the requirements of this chapter; and
(5) Exercise rule-making authority to implement this
section. [1999 c 263 § 6.]
18.210.060 Board—Authority—Duties. (Effective
until January 1, 2003.) (1) The board may:
(a) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and
scope and standards of practice;
(b) Administer licensing examinations;
[Title 18 RCW—page 363]
18.210.060
Title 18 RCW: Businesses and Professions
(c) Review and approve or deny initial and renewal
license applications;
(d) Conduct investigations of complaints alleging
violations of this chapter;
(e) Conduct adjudicative proceedings in accordance with
the administrative procedure act, chapter 34.05 RCW;
(f) Issue investigative subpoenas to compel the production of records, maps, and other documents, as may be
related to the investigation of violations of this chapter; and
(g) Take disciplinary action as provided for in RCW
18.43.110 and 18.43.120.
(2) The board shall consider recommendations of the
advisory committee made in accordance with this chapter.
[1999 c 263 § 7.]
18.210.060 Board—Authority—Duties. (Effective
January 1, 2003.) (1) The board may:
(a) Adopt rules to implement this chapter including, but
not limited to, evaluation of experience, examinations, and
scope and standards of practice;
(b) Administer licensing examinations; and
(c) Review and approve or deny initial and renewal
license applications.
(2) The board shall consider recommendations of the
advisory committee made in accordance with this chapter.
[2002 c 86 § 258; 1999 c 263 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.070 Advisory committee—Duties. The
advisory committee shall make recommendations to the
board regarding:
(1) Development and adoption of rules to implement
this chapter including, but not limited to, evaluation of
experience, examinations, and scope and standards of
practice;
(2) Development of the material content of examinations
for licensure or for a certificate of competency under this
chapter;
(3) Review of complaints and investigations pertaining
to the practice of the design of on-site wastewater treatment
systems; and
(4) Any other duties deemed necessary by the director
or the board. [1999 c 263 § 8.]
18.210.080 Immunity. The director, members of the
board, and individuals acting on behalf of the director are
immune to liability in any civil action or criminal case based
on any acts performed in the course of their duties under this
chapter, except for acts displaying intentional or willful
misconduct. [1999 c 263 § 9.]
18.210.090 Practice permits—License. (1) On July
1, 2000, any person who is authorized by a local health
jurisdiction to prepare on-site wastewater treatment system
designs in the state of Washington is eligible for a practice
permit under this chapter. On or after July 1, 2000, any
individual wishing to obtain a practice permit must make
application to the board and pay the fee established by the
director. A practice permit enables the permit holder to
[Title 18 RCW—page 364]
practice on-site design services only within local health
jurisdictions where the permit holder had authorization to
practice as of July 1, 2000.
(2) A practice permit is renewable annually upon
payment of the fee established by the director. All practice
permits issued under this chapter expire June 30, 2003.
(3) Any person who practices or offers to practice the
design of on-site wastewater treatment systems must obtain
a license under this chapter by July 1, 2003. A license
issued under this chapter enables the licensee to perform
design services for on-site wastewater treatment systems in
all counties in the state. A person wishing to obtain a
license to practice the design of on-site wastewater treatment
systems may obtain the license by one of the methods
described in this chapter. Beginning on July 1, 2001, the
board will accept applications for the license.
(4) On July 1, 2000, all programs administered by local
health jurisdictions that license or otherwise authorize the
practice of on-site wastewater treatment systems designs
must discontinue. On or after July 1, 2000, each person
practicing on-site design services in the state of Washington
must hold a practice permit or a license described in this
chapter.
(5) Local health jurisdictions, the department of health,
and the department of ecology retain authority: (a) To
administer local regulations and codes for approval or
disapproval of designs for on-site wastewater treatment
systems; (b) to issue permits for construction; (c) to evaluate
soils and site conditions for compliance with code requirements; and (d) to perform on-site wastewater treatment
design work as authorized in state and local board of health
rules. [1999 c 263 § 10.]
18.210.100 Written examination—Minimum
requirements. All applicants for licensure under this
chapter, except as provided in RCW 18.210.180, must pass
a written examination administered by the board and must
also meet the following minimum requirements:
(1) A high school diploma or equivalent; and
(2) A minimum of four years of experience, as approved
by the board, showing increased responsibility for the design
of on-site wastewater treatment systems. The experience
must include, but is not limited to, site soil assessment,
hydraulics, topographic delineations, use of specialized
treatment processes and devices, microbiology, and construction practices. Completion of two years of college level
course work in subjects dealing with, but not limited to,
soils, hydraulics, topographic delineations, construction
practices, and/or microbiology or completion of a two-year
curriculum in on-site treatment systems, technology, and
applications, as approved by the board, may be substituted
for up to two years of the experience requirement. [1999 c
263 § 11.]
18.210.110 Experience from outside state. Experience in on-site design, inspection, and/or construction
activities acquired outside the state of Washington may
satisfy the experience requirements under this chapter. The
board shall consider the experience according to the level of
complexity of the design work and evidence that the experience shows increased responsibility over designs. The
(2002 Ed.)
On-Site Wastewater Treatment Systems—Designer Licensing
experience may be considered only to the extent that it can
be independently verified by the board. [1999 c 263 § 12.]
18.210.120 Application for licensure—References—
Fees. (1) Application for licensure must be on forms
prescribed by the board and furnished by the director. The
application must contain statements, made under oath,
demonstrating the applicant’s education and work experience.
(2) Applicants shall provide not less than two verifications of experience from licensed professional engineers, onsite wastewater treatment system designers licensed under
this chapter, or state/local regulatory officials in the on-site
wastewater treatment field who have direct knowledge of the
applicant’s qualifications to practice in accordance with this
chapter and who verify the applicant’s work experience.
(3) The director, as provided in RCW 43.24.086, shall
determine an application fee for licensure as an on-site
wastewater treatment system designer. A nonrefundable
application fee must accompany the application. The
director shall ensure that the application fee includes the cost
of the examination and the cost issuance of a license and
certificate. A candidate who fails an examination may apply
for reexamination. The director shall determine the fee for
reexamination. [1999 c 263 § 13.]
18.210.130 Issuance of license. (1) The director shall
issue a license to any applicant who meets the requirements
of this chapter. The issuance of a license by the director is
evidence that the person named is entitled to the rights and
privileges of a licensed on-site wastewater treatment system
designer as long as the license remains valid.
(2) Each person licensed under this chapter shall obtain
an inking stamp, of a design authorized by the board, that
contains the licensee’s name and license number. Plans,
specifications, and reports prepared by the registrant must be
signed, dated, and stamped. Signature and stamping constitute certification by the licensee that a plan, specification, or
report was prepared by or under the direct supervision of a
licensee.
(3) Those persons who obtain a certificate of competency as provided in chapter 70.118 RCW do not have the
privileges granted to a license holder under this chapter and
do not have authority to obtain and use a stamp as described
in this section. [1999 c 263 § 14.]
18.210.140 Renewal—Renewal fee—Penalty fee. (1)
Practice permits and licenses issued under this chapter are
valid for one year and may be renewed under the conditions
described in this chapter. An expired practice permit or
license is invalid and must be renewed before lawful practice
can resume. Any permit holder or licensee who fails to pay
the renewal fee within ninety days following the date of
expiration shall be assessed a penalty fee as determined by
the director and must pay the penalty fee and the base
renewal fee before the practice permit or license may be
returned to a valid status.
(2) Any license or practice permit issued under this
chapter that is not renewed within two years of its date of
expiration must be canceled. Following cancellation, a
person seeking to renew must reapply as a new applicant
under this chapter.
(2002 Ed.)
18.210.110
(3) The director, in conformance with RCW 43.24.140,
may modify the duration of the license. The director, as
provided in RCW 43.24.086, shall determine the fee for
applications and for renewals of practice permits and licenses
issued under this chapter. [1999 c 263 § 15.]
18.210.150 Persons exempt from licensure. A
person engaged in any of the following activities is not
required to be licensed in accordance with this chapter:
(1) A licensed professional engineer, as provided in
chapter 18.43 RCW, if the professional engineer performs
the design work in accordance with this chapter and rules
adopted under this chapter; or
(2) An employee or a subordinate of a person licensed
under chapter 18.43 RCW as a professional engineer, or a
person licensed under this chapter if the work is performed
under the direct supervision of the engineer or licensee and
does not include final design decisions. [1999 c 263 § 16.]
18.210.160 Unlicensed practice—Penalty. (Effective
until January 1, 2003.) (1) On or after July 1, 2003, it is
a gross misdemeanor for any person, not otherwise exempt
from the requirements of this chapter, to: (a) Perform onsite wastewater treatment systems design services without a
license; (b) purport to be qualified to perform those services
without having been issued a standard license under this
chapter; (c) attempt to use the license or seal of another; (d)
attempt to use a revoked or suspended license; or (e) attempt
to use false or fraudulent credentials.
(2) The board may exercise its authority under RCW
18.43.120 in dealing with persons described in subsection (1)
of this section. [1999 c 263 § 17.]
18.210.160 Prohibited practices—Penalty. (Effective
January 1, 2003.) On or after July 1, 2003, it is a gross
misdemeanor for any person, not otherwise exempt from the
requirements of this chapter, to: (1) Perform on-site
wastewater treatment systems design services without a
license; (2) purport to be qualified to perform those services
without having been issued a standard license under this
chapter; (3) attempt to use the license or seal of another; (4)
attempt to use a revoked or suspended license; or (5) attempt
to use false or fraudulent credentials. In addition, action
may be taken under RCW 18.235.150. [2002 c 86 § 259;
1999 c 263 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.170 Continuing education. The board shall
require licensees and holders of certificates of competency
under this chapter to obtain continuing professional development or continuing education. The board may also require
these licensees and certificate holders to demonstrate
maintenance of knowledge and skills as a condition of
license or certificate renewal, including peer review of work
products and periodic reexamination. [1999 c 263 § 18.]
18.210.180 Foreign jurisdiction—License without
examination. Any person holding a license issued by a
jurisdiction outside the state of Washington authorizing that
[Title 18 RCW—page 365]
18.210.180
Title 18 RCW: Businesses and Professions
person to perform design services for the construction of onsite wastewater treatment systems may be granted a license
without examination under this chapter, if:
(1) The education, experience, and/or examination
forming the basis of the license is determined by the board
to be equal to or greater than the conditions for the issuance
of a license under this chapter; and
(2) The individual has paid the applicable fee and has
submitted the necessary application form. [1999 c 263 §
19.]
18.210.190 Local health jurisdictions—Certificate of
competency—Fee. (1) Employees of local health jurisdictions who review, inspect, or approve the design and
construction of on-site wastewater treatment systems shall
obtain a certificate of competency by obtaining a passing
score on the written examination administered for licensure
under this chapter. Eligibility to apply for the certificate of
competency is based upon a written request from the local
health director or designee and payment of a fee established
by the director. Applications for a certificate of competency
may not be accepted until on or after July 1, 2000. The
certificate of competency is renewable upon payment of a
fee established by the director.
(2) Issuance of the certificate of competency does not
authorize the certificate holder to offer or provide on-site
wastewater treatment system design services. However,
nothing in this chapter limits or affects the ability of local
health jurisdictions to perform on-site design services under
their authority in chapter 70.05 RCW. [1999 c 263 § 20.]
18.210.200 Account—Budget request. (1) All fees
and fines collected under this chapter shall be paid into the
professional engineers’ account established under RCW
18.43.150. Moneys in the account may be spent only after
appropriation and must be used to carry out all the purposes
and provisions of this chapter and chapter 18.43 RCW,
including the cost of administering this chapter.
(2) The director shall biennially prepare a budget
request based on the anticipated cost of administering
licensing and certification activities. The budget request
shall include the estimated income from fees contained in
this chapter. [1999 c 263 § 21.]
18.210.210 Chapter evaluation—Financial assurance. (1) By July 1, 2005, the department of licensing and
department of health shall convene a review committee to
evaluate the licensing and certification programs established
under this chapter.
(2) By July 1, 1999, the director shall convene a work
group to study the financial assurance of on-site wastewater
system practitioners through bonding, insurance, risk pools,
or similar methods. The study of financial assurance
requirements for on-site wastewater system practitioners shall
include consideration of responsibility for the loss of value
of structures or property should an installed on-site
wastewater treatment system fail or be otherwise inoperable.
The work group shall provide recommendations to the
director by December 1, 1999, and the director shall forward
those recommendations to the governor. [1999 c 263 § 23.]
[Title 18 RCW—page 366]
18.210.220 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 260.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.210.900 Captions not law—1999 c 263. Captions
used in this chapter constitute no part of the law. [1999 c
263 § 24.]
Chapter 18.215
SURGICAL TECHNOLOGISTS
Sections
18.215.005
18.215.010
18.215.020
18.215.030
18.215.040
18.215.050
18.215.060
18.215.070
Registration of surgical technologists.
Definitions.
Registration.
Construction—Limitation of chapter.
Secretary’s authority.
Required applicant information.
Registration of applicant—Fee.
Renewal of registration—Requirements, fees established by
rule.
18.215.080 Uniform disciplinary act—Application to chapter.
18.215.005 Registration of surgical technologists.
The registration of surgical technologists is in the interest of
the public health, safety, and welfare. [1999 c 335 § 1.]
18.215.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Department" means the department of health.
(2) "Secretary" means the secretary of health or the
secretary’s designee.
(3) "Surgical technologist" means a person, regardless
of title, who is supervised in the surgical setting under the
delegation of authority of a health care practitioner acting
within the scope of his or her license and under the laws of
this state. [1999 c 335 § 2.]
18.215.020 Registration. No person may represent
oneself as a surgical technologist by use of any title or
description without being registered by the department under
the provisions of this chapter. [1999 c 335 § 3.]
18.215.030 Construction—Limitation of chapter.
Nothing in this chapter may be construed to prohibit or
restrict:
(1) The practice of an individual licensed, certified, or
registered under the laws of this state and performing
services within his or her authorized scope of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
(2002 Ed.)
Surgical Technologists
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor. [1999 c 335
§ 4.]
18.215.040 Secretary’s authority. In addition to any
other authority provided by law, the secretary has the
authority to:
(1) Adopt rules under chapter 34.05 RCW as required
to implement this chapter;
(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register an applicant or deny registration based upon
unprofessional conduct or impairment governed by the
uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter; and
(6) Maintain the official department record of all
applicants and persons with registrations. [1999 c 335 § 5.]
18.215.050 Required applicant information. An
applicant shall identify the name and address of the applicant
and other information required by the secretary necessary to
establish whether there are grounds for denial of a registration or conditional registration under chapter 18.130 RCW.
[1999 c 335 § 6.]
18.215.060 Registration of applicant—Fee. The
secretary shall register an applicant on forms provided by the
secretary. Each applicant shall pay a fee determined by the
secretary under RCW 43.70.250. The fee shall accompany
the application. [1999 c 335 § 7.]
18.215.070 Renewal of registration—Requirements,
fees established by rule. The secretary shall establish by
rule the procedural requirements and fees for renewal of
registration. Failure to renew shall invalidate the registration
and all privileges granted by the registration. [1999 c 335
§ 8.]
18.215.080 Uniform disciplinary act—Application
to chapter. The uniform disciplinary act, chapter 18.130
RCW, governs unregistered practice, the issuance and denial
of registration, and the discipline of persons registered under
this chapter. The secretary shall be the disciplining authority
under this chapter. [1999 c 335 § 9.]
Chapter 18.220
GEOLOGISTS
Sections
18.220.005
18.220.010
18.220.020
18.220.030
18.220.040
18.220.050
18.220.060
18.220.070
(2002 Ed.)
Finding.
Definitions.
License required.
Geologist licensing board.
Director’s authority.
Board’s authority.
Requirements for licensure.
Application for licensure—Fee.
18.215.030
18.220.080 Examinations—Fee.
18.220.090 Certificate of licensing—Seal.
18.220.100 Licensure or certification without examination—
Requirements.
18.220.110 License renewal—Fee—Reinstatement.
18.220.120 Geologists’ account.
18.220.130 Prohibited acts.
18.220.140 Unprofessional conduct—Hearing before director—Orders.
18.220.150 Unprofessional conduct—Written complaint—Investigation.
18.220.160 Suspension of license/practice permit—Noncompliance with
a child support order.
18.220.170 Prohibited acts—Class 1 civil infractions.
18.220.180 Violation of chapter—Injunction to restrain—Director’s
authority.
18.220.190 Permitted activities—Certificate of licensing not required.
18.220.200 Uniform regulation of business and professions act.
18.220.900 Severability—2000 c 253.
18.220.901 Effective date—2000 c 253.
18.220.005 Finding. The legislature finds it is in the
public interest to regulate the practice of geology to safeguard life, health, and property and to promote the public
welfare. [2000 c 253 § 1.]
18.220.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Board" means the geologist licensing board.
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department of
licensing.
(4) "Engineering geologist" means a geologist who, by
reason of his or her knowledge of engineering geology,
acquired by education and practical experience, is qualified
to engage in the practice of engineering geology, has met the
qualifications in engineering geology established under this
chapter, and has been issued a license in engineering geology
by the board.
(5) "Engineering geology" means a specialty of geology
affecting the planning, design, operation, and maintenance of
engineering works and other human activities where geological factors and conditions impact the public welfare or the
safeguarding of life, health, property, and the environment.
(6) "Geologist" means a person who, by reason of his or
her knowledge of geology, mathematics, the environment,
and the supporting physical and life sciences, acquired by
education and practical experience, has met the qualifications
established under this chapter, and has been issued a
certificate of licensing as a geologist by the board.
(7) "Geology" means the science that includes: Treatment of the earth and its origin and history, in general; the
investigation of the earth’s constituent rocks, minerals,
solids, fluids, including surface and underground waters,
gases, and other materials; and the study of the natural
agents, forces, and processes that cause changes in the earth.
(8) "Hydrogeology" means a science that involves the
study of the waters of the earth, including the study of the
occurrence, circulation, distribution, chemistry, remediation,
or quality of water or its role as a natural agent that causes
changes in the earth, and the investigation and collection of
data concerning waters in the atmosphere or on the surface
or in the interior of the earth, including data regarding the
interaction of water with other gases, solids, or fluids.
(9) "Licensed specialty geologist" means a licensed
geologist who has met the qualifications in a specialty of
[Title 18 RCW—page 367]
18.220.010
Title 18 RCW: Businesses and Professions
geology established under this chapter and has been issued
a license in that specialty by the board.
(10) "Practice of engineering geology" means performance of geological service or work including but not
limited to consultation, investigation, evaluation, planning,
geological mapping, and inspection of geological work, and
the responsible supervision thereof, the performance of
which is related to public welfare or the safeguarding of life,
health, property, and the environment, except as otherwise
specifically provided by this chapter, and includes but is not
limited to the commonly recognized geological practices of
construction geology, environmental geology, and urban
geology.
(11) "Practice of geology" means performance of
geological service or work including but not limited to
collection of geological data, consultation, investigation,
evaluation, interpreting, planning, geological mapping, or
inspection relating to a service or work that applies to
geology, and the responsible supervision thereof, the performance of which is related to public welfare or the safeguarding of life, health, property, and the environment, except as
otherwise specifically provided by this chapter.
(12) "Practice of geology for others" includes, but is not
limited to:
(a) The preparation of geologic reports, documents, or
exhibits by any commission, board, department, district, or
division of the state or any political subdivision thereof or of
any county, city, or other public body, or by the employees
or staff members of the commission, board, department,
district, or division of the state or any political subdivision
thereof or of any county, city, or other public body when the
reports, documents, or exhibits are disseminated or made
available to the public in such a manner that the public may
reasonably be expected to rely thereon or be affected
thereby; and
(b) The performance of geological services by any
individual, firm, partnership, corporation, or other association
or by the employees or staff members thereof, whether or
not the principal business of the organization is the practice
of geology, which the geological reports, documents, or
exhibits constituting the practice of geology are disseminated
or made available to the public or any individual or organization in such a manner that the public or individual or
combination of individuals may reasonably be expected to
rely thereon or be affected thereby.
However, geological reports, documents, or exhibits that
are prepared by the employees or staff members of any
individual, firm, partnership, corporation, or other association
or commission, board, department, district, or division of the
state or any political subdivision thereof or any county, city,
or other public body that are for use solely within such
organizations are considered in-house reports, documents, or
exhibits and are not the practice of geology for others unless
or until the reports are disseminated or made available as set
forth in (a) or (b) of this subsection.
(13) "Practice of hydrogeology" means the performance
of or offer to perform any hydrogeologic service or work in
which the public welfare or the safeguarding of life, health,
environment, or property is concerned or involved. This
includes the collection of geological data, and consultation,
investigation, evaluation, interpretation, planning, or inspection relating to a service or work that applies hydrogeology.
[Title 18 RCW—page 368]
(14) "Responsible charge" means the exercise of fully
independent control and direction of geological work or the
supervision of such work, and being fully responsible,
answerable, accountable, or liable for the results.
(15) "Specialty" means a branch of geology that has
been recognized under this chapter for the purposes of
licensure. Engineering geology is considered to be a
specialty of geology.
(16) "Subordinate" means any person who assists in the
practice of geology by a licensed geologist or an exempt
person, without assuming the responsible charge of the work.
[2000 c 253 § 3.]
18.220.020 License required. (1) It is unlawful for
any person to practice, or offer to practice, geology for
others in this state, or to use in connection with his or her
name or otherwise assume or advertise any title or description tending to convey the impression that he or she is a
licensed geologist, or other licensed specialty geologist title,
unless the person has been licensed under the provisions of
this chapter.
(2) A person shall be construed to practice or offer to
practice geology, within the meaning and intent of this
chapter, if the person:
(a) Practices any branch of the profession of geology;
(b) By verbal claim, sign, advertisement, letterhead,
card, or in any other way represents himself or herself to be
a geologist;
(c) Through the use of some other title implies that he
or she is a geologist or that he or she is licensed under this
chapter; or
(d) Holds himself or herself out as able to perform or
does perform any geological services or work recognized by
the board as the practice of geology for others. [2000 c 253
§ 2.]
18.220.030 Geologist licensing board. The state
geologist licensing board is created. The board consists of
seven members, six of whom shall be appointed by the
director, who shall advise the director concerning the
administration of this chapter. Of the initial appointments to
the board, five shall be actively engaged in the practice of
geology for at least ten years, five of which shall have been
immediately prior to their appointment to the board.
Subsequent to the initial appointments, five members of the
board must be geologists licensed under this chapter, two of
whom shall be licensed in a specialty of geology recognized
under this chapter. Insofar as possible, the composition of
the appointed geologists serving on the board shall be
generally representative of the occupational distribution of
geologists licensed under this chapter. One member of the
board must be a member of the general public with no
family or business connection with the practice of geology.
The supervisor of geology of the department of natural
resources is an ex officio member of the board. Members of
the board shall be appointed for terms of four years. Terms
shall be staggered so that not more than two appointments
are scheduled to be made in any calendar year. Members
shall hold office until the expiration of the terms for which
they were appointed and until their successors have been
appointed and have qualified. A board member may be
(2002 Ed.)
Geologists
removed for just cause. The director may appoint a new
member to fill a vacancy on the board for the remainder of
the unexpired term.
Each board member shall be entitled to compensation
for each day spent conducting official business and to
reimbursement for travel expenses in accordance with RCW
43.03.240, 43.03.050, and 43.03.060. [2000 c 253 § 4.]
18.220.040 Director’s authority. (Effective until
January 1, 2003.) The director has the following authority
in administering this chapter:
(1) To adopt, amend, and rescind rules approved by the
board as deemed necessary to carry out this chapter;
(2) To adopt fees as provided in RCW 43.24.086;
(3) To administer licensing examinations approved by
the board and to adopt or recognize examinations prepared
by other organizations as approved by the board;
(4) To issue subpoenas and administer oaths in connection with an investigation, hearing, or proceeding held under
this chapter;
(5) To take or cause depositions to be taken and use
other discovery procedures as needed in an investigation,
hearing, or proceeding held under this chapter;
(6) To compel attendance of witnesses at hearings;
(7) In the course of investigating a complaint or report
of unprofessional conduct, to direct the board to conduct
practice reviews and disciplinary hearings;
(8) To take emergency action ordering summary
suspension of a license, or restrict or limit a licensee’s
practice pending further proceedings by the director;
(9) To use the board or, at the request of the board, the
office of administrative hearings, as authorized in chapter
34.12 RCW, to conduct hearings. However, the director or
the director’s designee shall make the final decision as to
disposition of the charges;
(10) To enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(11) To adopt standards of professional conduct and
practice as approved by the board;
(12) In the event of a finding of unprofessional conduct
by an applicant or license holder, to impose sanctions against
a license applicant or license holder as provided by this
chapter;
(13) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
Violation of an assurance under this subsection is grounds
for disciplinary action;
(14) To designate individuals authorized to sign subpoenas and statement of charges; and
(15) To employ investigative, administrative, and
clerical staff as necessary for the enforcement of this
chapter. [2000 c 253 § 5.]
Referral to electorate—2000 c 253 § 5: "The secretary of state shall
submit section 5 of this act to the people for their adoption and ratification,
or rejection, at the next general election to be held in this state, in
accordance with RCW 43.135.090 (section 2, chapter 1, Laws of 2000,
Initiative Measure No. 695). The suggested ballot title for this act is:
"Shall the state department of licensing be authorized to levy fees on
geologists sufficient to pay for their licensure?"" [2000 c 253 § 24.]
(2002 Ed.)
18.220.030
Reviser’s note: Chapter 1, Laws of 2000 (Initiative Measure No.
695) was declared unconstitutional in its entirety by Amalgamated Transit
Union Local 587 et al v. The State of Washington, 142 Wash.2d 183 (2000).
Therefore 2000 c 253 § 5 was not referred to the electorate.
18.220.040 Director’s authority. (Effective January
1, 2003.) The director has the following authority in
administering this chapter:
(1) To adopt, amend, and rescind rules approved by the
board as deemed necessary to carry out this chapter;
(2) To adopt fees as provided in RCW 43.24.086;
(3) To administer licensing examinations approved by
the board and to adopt or recognize examinations prepared
by other organizations as approved by the board;
(4) To adopt standards of professional conduct and
practice as approved by the board; and
(5) To enter into an assurance of discontinuance in lieu
of issuing a statement of charges or conducting a hearing.
The assurance shall consist of a statement of the law in
question and an agreement to not violate the stated provision.
Violation of an assurance under this subsection is grounds
for disciplinary action. [2002 c 86 § 261; 2000 c 253 § 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Referral to electorate—2000 c 253 § 5: "The secretary of state shall
submit section 5 of this act to the people for their adoption and ratification,
or rejection, at the next general election to be held in this state, in
accordance with RCW 43.135.090 (section 2, chapter 1, Laws of 2000,
Initiative Measure No. 695). The suggested ballot title for this act is:
"Shall the state department of licensing be authorized to levy fees on
geologists sufficient to pay for their licensure?"" [2000 c 253 § 24.]
Reviser’s note: Chapter 1, Laws of 2000 (Initiative Measure No.
695) was declared unconstitutional in its entirety by Amalgamated Transit
Union Local 587 et al v. The State of Washington, 142 Wash.2d 183 (2000).
Therefore 2000 c 253 § 5 was not referred to the electorate.
18.220.050 Board’s authority. (Effective until
January 1, 2003.) The board has the following authority in
administering this chapter:
(1) To establish rules, including board organization and
assignment of terms, and meeting frequency and timing, for
adoption by the director;
(2) To establish the minimum qualifications for applicants for licensure as provided by this chapter;
(3) To approve the method of administration for
examinations required by this chapter or by rule as established by the director. To approve the adoption or recognition of examinations prepared by other organizations for
adoption by the director. To set the time and place of
examinations with the approval of the director;
(4) To establish and review standards of professional
conduct and practice for adoption by the director. Rules of
professional conduct will be consistent with those outlined
for engineers and land surveyors;
(5) To designate specialties of geology to be licensed
under this chapter;
(6) To conduct disciplinary hearings; and
(7) To conduct practice reviews. [2000 c 253 § 6.]
18.220.050 Board’s authority. (Effective January 1,
2003.) The board has the following authority in administering this chapter:
[Title 18 RCW—page 369]
18.220.050
Title 18 RCW: Businesses and Professions
(1) To establish rules, including board organization and
assignment of terms, and meeting frequency and timing, for
adoption by the director;
(2) To establish the minimum qualifications for applicants for licensure as provided by this chapter;
(3) To approve the method of administration for
examinations required by this chapter or by rule as established by the director. To approve the adoption or recognition of examinations prepared by other organizations for
adoption by the director. To set the time and place of
examinations with the approval of the director;
(4) To establish and review standards of professional
conduct and practice for adoption by the director. Rules of
professional conduct will be consistent with those outlined
for engineers and land surveyors; and
(5) To designate specialties of geology to be licensed
under this chapter. [2002 c 86 § 262; 2000 c 253 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.060 Requirements for licensure. In order to
become a licensed geologist, an applicant must meet the
following requirements:
(1) The applicant shall be of good moral and ethical
character as attested to by letters of reference submitted by
the applicant or as otherwise determined by the board;
(2) The applicant shall have graduated from a course of
study in geology satisfactory to the board or satisfy educational equivalents determined by the board;
(3) The applicant shall have a documented record of a
minimum of five years of experience in geology or a
specialty of geology, obtained subsequent to completion of
the academic requirements specified in this section, in
geological work of a character satisfactory to the board,
demonstrating that the applicant is qualified to assume
responsible charge of such work upon licensing as a geologist. The board shall require that three years of the experience be gained under the supervision of a geologist licensed
in this or any other state, or under the supervision of others
who, in the opinion of the board, are qualified to have
responsible charge of geological work;
(4) The applicant shall have passed an examination
covering the fundamentals and practice of geology prescribed
or accepted by the board;
(5) The applicant shall meet other general or individual
requirements established by the board pursuant to its
authority under this chapter;
(6) For licensing in any geological specialty recognized
under this chapter, an applicant must first be a licensed
geologist under this chapter, and then meet the following
requirements:
(a) In addition to the educational requirements for
licensing as a geologist defined in subsection (2) of this
section, an applicant for licensing in any specialty of geology
established by the board shall have successfully completed
advanced study pertinent to their specialty, or equivalent
seminars or on-the-job training acceptable to the board;
(b) The applicant’s experience shall include a documented record of five years of experience, after completion of the
academic requirements specified in this subsection, in
[Title 18 RCW—page 370]
geological work in the applicable specialty of a character
satisfactory to the board, and demonstrating that the applicant is qualified to assume responsible charge of the specialty work upon licensing in that specialty of geology. The
board shall require that three years of the experience be
gained under the supervision of a geologist licensed in the
specialty in this or any other state, or under the supervision
of others who, in the opinion of the board, are qualified to
have responsible charge of geological work in the specialty;
and
(c) The applicant must pass an examination in the
applicable specialty prescribed or accepted by the board;
(7) The following standards are applicable to experience
in the practice of geology or a specialty required under
subsections (3) and (6) of this section:
(a) Each year of professional practice of a character
acceptable to the board, carried out under the direct supervision of a geologist who (i) is licensed in this state or is
licensed in another state with licensing standards substantially similar to those under this chapter; or (ii) meets the
educational and experience requirements for licensing, but
who is not required to be licensed under the limitations of
this chapter, qualifies as one year of professional experience
in geology;
(b) Each year of professional specialty practice of a
character acceptable to the board, carried out under the direct
supervision of a (i) geologist who is licensed in a specialty
under this chapter, or who is licensed as a specialty geologist
in another state that has licensing requirements that are
substantially similar to this chapter; or (ii) specialty geologist
who meets the educational and experience requirements for
licensing, but who is not required to be licensed under the
limitations of this chapter, qualifies as one year of practice
in the applicable specialty of geology; and
(c) Experience in professional practice, of a character
acceptable to the board and acquired prior to one year after
July 1, 2001, qualifies if the experience (i) was acquired
under the direct supervision of a geologist who meets the
educational and experience requirements for licensing under
this chapter, or who is licensed in another state that has
licensing requirements that are substantially similar to this
chapter; or (ii) would constitute responsible charge of
professional geological work, as determined by the board;
(8) Each year of full-time graduate study in the geological sciences or in a specialty of geology shall qualify as one
year of professional experience in geology or the applicable
specialty of geology, up to a maximum of two years. The
board may accept geological research, teaching of geology,
or a geological specialty at the college or university level as
qualifying experience, provided that such research or
teaching, in the judgment of the board, is comparable to
experience obtained in the practice of geology or a specialty
thereof;
(9) An applicant who applies for licensing within one
year after July 1, 2001, shall be considered to be qualified
for licensing, without further written examination, if the
applicant possesses the following qualifications:
(a)(i) A specific record of graduation with a bachelor of
science or bachelor of arts or higher degree, with a major in
geology granted by an approved institution of higher
education acceptable to the board; or
(2002 Ed.)
Geologists
(ii) Graduation from an approved institution of higher
education in a four-year academic degree program other than
geology, but with the required number of course hours as
defined by the board to qualify as a geologist or engineering
geologist; and
(b) Experience consisting of a minimum of five years of
professional practice in geology or a specialty thereof as
required under subsections (3) and (7) of this section, of a
character acceptable to the board;
(10) An applicant who applies for licensing in a
specialty within one year after recognition of the specialty
under this chapter shall be considered qualified for licensing
in that specialty, without further written examination, if the
applicant:
(a) Is qualified for licensing as a geologist in this state;
and
(b) Has experience consisting of a minimum five years
of professional practice in the applicable specialty of geology
as required under subsections (3) and (7) of this section, of
a character acceptable to the board; and
(11) The geologists initially appointed to the board
under RCW 18.220.030 shall be qualified for licensing under
subsections (7) and (8) of this section. [2000 c 253 § 7.]
18.220.070 Application for licensure—Fee. An
application for licensing shall be filed with the director on a
form provided by the director and must contain statements
made under oath demonstrating the applicant’s education and
practical experience. The director may require any information and documentation that reasonably relates to the need to
determine whether the applicant meets the criteria for
licensing. The application fee for initial licensing shall be
determined by the director as provided in RCW 43.24.086.
The application, together with the fee, must be submitted to
the department prior to the application deadline established
by the director. Fees for initial licensing shall include the
examination and issuance of a certificate. If the director
finds an applicant ineligible for licensing, the fee shall be
retained as an application fee. [2000 c 253 § 8.]
18.220.080 Examinations—Fee. Examinations of
applicants for licensing, when required, shall be held at such
times and places as determined by the board with the
director’s approval. The scope of the examination shall be
directed to an applicant’s ability to practice geology or any
approved specialty of geology in a manner to ensure the
safety of life, health, and property. A candidate failing an
examination may apply for reexamination. Subsequent
examinations will be granted upon payment of a fee to be
determined by the director as provided in RCW 43.24.086.
[2000 c 253 § 9.]
18.220.090 Certificate of licensing—Seal. The
director shall issue a certificate of licensing to any applicant
who has satisfactorily met all of the requirements of this
chapter for licensing as a geologist or an approved specialty
geologist. The certificate shall show the full name of the
license holder, shall have a certificate number, and shall be
signed by the director and an officer of the board. The
issuance by the director of a certificate of licensing to an
individual shall be prima facie evidence that the person is
(2002 Ed.)
18.220.060
entitled to all the rights and privileges of a licensed geologist
or specialty geologist while the certificate remains unrevoked
or unexpired.
Each license holder shall obtain a seal of the design
authorized by the director, bearing the licensee’s name,
certificate number, and the legend "licensed geologist"
together with any specialty in which the individual may be
authorized. Geological reports, plans, and other technical
documents prepared by or under the responsible charge of
the license holder shall be signed, dated, and stamped with
the seal or facsimile thereof. Each signature and stamping
constitutes a certification by the license holder that the
document was prepared by or under his or her responsible
charge and that to his or her knowledge and belief the
document was prepared in accordance with the requirements
of this chapter. [2000 c 253 § 10.]
18.220.100 Licensure or certification without
examination—Requirements. The director may, upon
application and payment of a fee determined by the director
as provided in RCW 43.24.086, issue a license and certificate without further examination as a geologist or specialty
geologist to any person who holds a license or certificate of
qualification issued by proper authority of any state, territory, or possession of the United States, District of Columbia,
or any foreign country, if the applicant’s qualifications, as
evaluated by the board, meet the requirements of this chapter
and the rules adopted by the director. [2000 c 253 § 11.]
18.220.110 License renewal—Fee—Reinstatement.
Licenses issued in conformance with this chapter shall be
renewed periodically on a date to be set by the director in
conformance with RCW 43.24.140. A license holder who
fails to pay the prescribed fee within ninety days following
the date of expiration shall pay a renewal fee equal to the
current fee plus an amount equal to one year’s renewal fee.
Any license that has been expired for five years or more
may be reinstated in conformance with rules adopted by the
director. Reinstatement conditions may include demonstration of continued practice or competency in the practice of
geology or an approved specialty of geology. [2000 c 253
§ 12.]
18.220.120 Geologists’ account. (1) All fees and
fines collected under the provisions of this chapter shall be
paid into the geologists’ account, created in subsection (2) of
this section.
(2) The geologists’ account is created in the custody of
the state treasurer. All receipts from fines and fees collected
under this chapter must be deposited into the account.
Expenditures from the account may be used only to carry out
the duties required for the operation and enforcement of this
chapter. Only the director of licensing or the director’s
designee may authorize expenditures from the account. The
account is subject to allotment procedures under chapter
43.88 RCW, but an appropriation is not required for expenditures. [2000 c 253 § 13.]
18.220.130 Prohibited acts. (Effective until January
1, 2003.) The following acts are prohibited and constitute
[Title 18 RCW—page 371]
18.220.130
Title 18 RCW: Businesses and Professions
grounds for disciplinary action or denial, suspension, or
revocation of any license under this chapter:
(1) Knowingly violating any of the provisions of this
chapter or the rules adopted under this chapter;
(2) Knowingly making a material misstatement or
omission in the application for or renewal of a license;
(3) Not meeting the qualifications for licensing set forth
by this chapter;
(4) Incompetency, misconduct, fraud, gross negligence,
or repeated incidents of negligence in or related to the
practice of geology;
(5) Conviction of a gross misdemeanor or felony or the
commission of any act involving moral turpitude, dishonesty,
or corruption whether or not the act constitutes a crime. If
the act constitutes a crime, conviction in a criminal proceeding is not a condition precedent to disciplinary action. Upon
such conviction, however, the judgment and sentence is
conclusive evidence at the ensuing disciplinary hearing of
the guilt of the license holder or applicant of the crime
described in the indictment or information, and of the
person’s violation of the statute on which it was based. For
the purposes of this section, conviction includes all instances
in which a plea of guilty or nolo contendere is the basis for
the conviction and all proceedings in which the sentence has
been deferred or suspended. Nothing in this section abrogates rights guaranteed under chapter 9.96A RCW;
(6) Advertising that is false, fraudulent, or misleading;
(7) Suspension, revocation, or restriction of the
individual’s license to practice the profession by competent
authority in any state, federal, or foreign jurisdiction, a
certified copy of the order, stipulation, or agreement being
conclusive evidence of the revocation, suspension, or
restriction;
(8) Aiding or abetting an unlicensed person to practice
if a license is required;
(9) Failure to adequately supervise subordinates to the
extent that the public health or safety is at risk;
(10) Failure to cooperate with the director by:
(a) Not furnishing any necessary papers or documents
requested by the director for purposes of conducting an
investigation for disciplinary action, denial, suspension, or
revocation of a license under this chapter;
(b) Not furnishing in writing a full and complete
explanation covering the matter contained in a complaint
filed with the department; or
(c) Not responding to subpoenas issued by the director,
whether or not the recipient of the subpoena is the accused
in the proceeding;
(11) Failure to comply with an order issued by the
director or an assurance of discontinuance entered into with
the director;
(12) Interference with an investigation or disciplinary
proceeding by willful misrepresentation of facts before the
director or the director’s authorized representative, or by use
of threats or harassment against any client or witness to
prevent them from providing evidence in a disciplinary
proceeding or any other legal action; or
(13) Committing any other act, or failing to act, which
act or failure are customarily regarded as being contrary to
the accepted professional conduct or standard generally
expected of those practicing geology. [2000 c 253 § 14.]
[Title 18 RCW—page 372]
18.220.130 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
described in RCW 18.235.130, the following conduct, acts,
and conditions constitute unprofessional conduct:
(1) Violating any of the provisions of this chapter or the
rules adopted under this chapter;
(2) Not meeting the qualifications for licensing set forth
by this chapter;
(3) Failure to comply with an assurance of discontinuance entered into with the director; or
(4) Committing any other act, or failing to act, which
act or failure are customarily regarded as being contrary to
the accepted professional conduct or standard generally
expected of those practicing geology. [2002 c 86 § 263;
2000 c 253 § 14.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.140 Unprofessional conduct—Hearing before
director—Orders. The procedures governing adjudicative
proceedings before agencies under chapter 34.05 RCW
govern all hearings before the director or his or her designee.
Upon a finding that a license holder or applicant has
committed unprofessional conduct, the director may issue an
order providing for one or any combination of the following:
(1) Revocation of the license;
(2) Suspension of the license for a fixed or indefinite
term;
(3) Restriction or limitation of the practice;
(4) Issuance of a civil fine not to exceed five thousand
dollars for each violation;
(5) Requiring satisfactory completion of a specific
program of remedial education or treatment;
(6) Monitoring of the practice by a peer approved by the
director;
(7) Reprimand or censure;
(8) Compliance with conditions of probation for a
designated period of time;
(9) Withholding of a license request;
(10) Refund of fees billed to and collected from the
consumer; or
(11) Other corrective action.
Any of the actions under this section may be totally or
partly stayed by the director. All costs associated with
compliance with orders issued under this section are the
obligation of the license holder or applicant. [2000 c 253 §
15.]
18.220.150 Unprofessional conduct—Written
complaint—Investigation. (Effective until January 1,
2003.) A person, including but not limited to consumers,
licensees, corporations, organizations, and state and local
governments or agencies, may submit a written complaint to
the department charging a license holder or applicant with
unprofessional conduct and specifying the grounds for the
charge. If the director determines that the complaint merits
investigation, or if the director has reason to believe, without
a formal complaint, that a license holder or applicant may
have engaged in unprofessional conduct, the director shall
(2002 Ed.)
Geologists
investigate to determine if there has been unprofessional
conduct. A person who files a complaint under this section
in good faith is immune from suit in any civil action related
to the filing or contents of the complaint. The director,
individuals acting on the director’s behalf, and members of
the board are immune from suit in any action, civil or
criminal, based on disciplinary proceedings or other official
acts performed in the course of their duties in the administration and enforcement of this chapter. [2000 c 253 § 16.]
18.220.150 Unprofessional conduct—Written
complaint—Investigation. (Effective January 1, 2003.) A
person, including but not limited to consumers, licensees,
corporations, organizations, and state and local governments
or agencies, may submit a written complaint to the department charging a license holder or applicant with unprofessional conduct and specifying the grounds for the charge. If
the director determines that the complaint merits investigation, or if the director has reason to believe, without a formal
complaint, that a license holder or applicant may have
engaged in unprofessional conduct, the director may investigate to determine if there has been unprofessional conduct.
A person who files a complaint under this section in good
faith is immune from suit in any civil action related to the
filing or contents of the complaint. [2002 c 86 § 264; 2000
c 253 § 16.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.160 Suspension of license/practice permit—
Noncompliance with a child support order. The board
shall immediately suspend the license or practice permit of
a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a child support
order. If the person has continued to meet all other requirements for a license under this chapter during the suspension,
reissuance of the license shall be automatic upon the board’s
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the child support order. The procedure in RCW 74.20A.320
is the exclusive administrative remedy for contesting the
establishment of noncompliance with a child support order,
and suspension of a license under this subsection, and
satisfies the requirements of RCW 34.05.422. [2000 c 253
§ 17.]
18.220.170 Prohibited acts—Class 1 civil infractions. The following acts are prohibited and any person
committing any of the following acts is guilty of a class 1
civil infraction under chapter 7.80 RCW:
(1) The practice or offer to practice geology or geological specialty without being licensed in accordance with the
provisions of this chapter;
(2) Presenting or attempting to use as his or her own the
certificate of licensing or seal of another;
(3) Giving any false or forged evidence of any kind to
the director or his or her authorized representative in
obtaining a license;
(4) Falsely impersonating any other licensee; or
(2002 Ed.)
18.220.150
(5) Attempting to use the expired or revoked certificate
of licensing.
All fees, fines, and penalties collected or assessed by a
court because of a violation of this section shall be remitted
to the department to be deposited into the geologists’
account created in RCW 18.220.120. [2000 c 253 § 18.]
18.220.180 Violation of chapter—Injunction to
restrain—Director’s authority. The director is authorized
to apply for relief by injunction without bond, to restrain a
person from the commission of any act that is prohibited
under this chapter. In such proceedings, it is not necessary
to allege or prove either that an adequate remedy at law does
not exist, or that substantial or irreparable damage would
result from continued violation. The director, individuals
acting on the director’s behalf and members of the board are
immune from suit in any action, civil or criminal, based on
disciplinary proceedings or other official acts performed in
the course of their duties in the administration and enforcement of this chapter. [2000 c 253 § 19.]
18.220.190 Permitted activities—Certificate of
licensing not required. The following activities do not
require a certificate of licensing under this chapter:
(1) Geological work performed by an employee or a
subordinate of a geologist or specialty geologist licensed
under this chapter, provided that the work does not include
responsible charge of geological work as covered by this
section, and is performed under the direct supervision of a
geologist licensed under this chapter, who shall be and
remains responsible for such work;
(2) Geological work performed by officers and employees of the United States practicing solely as such officers
and employees;
(3) Geological work performed exclusively in the
exploration for energy and mineral resources, insofar as such
work has no substantial impact upon the public health,
safety, and welfare as determined by regulations issued by
the director;
(4) Geological research conducted through academic
institutions, agencies of the federal or state governments,
nonprofit research institutions, or for-profit organizations,
including submission of reports of research to public
agencies;
(5) Teaching geology or related physical or natural
sciences;
(6) The practice of engineering or other licensed
professions: (a) The acquisition of engineering data involving soil, rock, ground water, and other earth materials;
evaluation of the physical and chemical properties of soil,
rock, ground water, and other earth materials; and the
utilization of these data in analysis, design, and construction
by professional engineers appropriately registered or licensed
in this state; and (b) similar work performed by persons or
organizations licensed or registered in any other profession
or occupation related to geology, provided that such work is
permitted under the applicable licensing or registration law,
and is incidental to the practice or the profession or occupation for which licensing or registration is required. Nothing
in this section shall be construed to permit the use of the
title geologist or engineering geologist, or any other specialty
[Title 18 RCW—page 373]
18.220.190
Title 18 RCW: Businesses and Professions
as defined by the director, by an engineer or other licensed
professional except as licensed under this chapter;
(7) General scientific work customarily performed by
such physical or natural scientists as chemists, archaeologists, geographers, hydrologists, oceanographers, pedologists,
and soil scientists, providing such work does not include the
design and execution of geological investigations, being in
responsible charge of geological or specialty geological
work, or the drawing of geological conclusions and recommendations in a way that affects the public health, safety, or
welfare; or
(8) The giving of testimony, or preparation and presentation of exhibits or documents for the sole purpose of being
placed in evidence before any administrative or judicial
tribunal or hearing, providing such testimony, exhibits, or
documents do not imply that the person is registered under
the provisions of this chapter. [2000 c 253 § 20.]
18.220.200 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 265.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
18.220.900 Severability—2000 c 253. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2000 c 253 § 21.]
18.220.901 Effective date—2000 c 253. (1) Sections
1, 3, 7, 9, 10, 11, 12, 14, 15, 16, 17, 20, and 21 of this act
take effect July 1, 2001.
(2) Sections 2, 18, and 19 of this act take effect July 1,
2002.
(3) Sections 4, 5, 6, 8, and 13 of this act take effect
April 1, 2001. [2001 c 61 § 1; 2000 c 253 § 23.]
Effective date—2001 c 61: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 18, 2001]." [2001 c 61 § 2.]
Chapter 18.225
MENTAL HEALTH COUNSELORS, MARRIAGE
AND FAMILY THERAPISTS, SOCIAL WORKERS
Sections
18.225.010
18.225.020
18.225.030
18.225.040
18.225.050
18.225.060
Definitions.
Misrepresentation—Licensed by department.
Limitation of chapter.
Secretary’s authority.
Record of proceedings.
Washington state mental health counselors, marriage and
family therapists, and social workers advisory committee—Established—Composition.
18.225.070 Department of health—Advice/assistance of advisory committee.
18.225.080 Uniform disciplinary act.
18.225.090 Issuance of license—Requirements.
[Title 18 RCW—page 374]
18.225.100
18.225.110
18.225.120
18.225.130
18.225.140
Disclosure information.
Examinations.
Application for licensing—Fee.
Prior certification under chapter 18.19 RCW.
Credentialed in another state—Licensed without examination.
18.225.150 Renewal of license, rules—Failure to renew.
18.225.160 Limitation of chapter.
18.225.900 Severability—2001 c 251.
18.225.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advanced social work" means the application of
social work theory and methods including emotional and
biopsychosocial assessment, psychotherapy under the
supervision of a licensed independent clinical social worker,
case management, consultation, advocacy, counseling, and
community organization.
(2) "Applicant" means a person who completes the
required application, pays the required fee, is at least
eighteen years of age, and meets any background check
requirements and uniform disciplinary act requirements.
(3) "Committee" means the Washington state mental
health counselors, marriage and family therapists, and social
workers advisory committee.
(4) "Department" means the department of health.
(5) "Disciplining authority" means the department.
(6) "Independent clinical social work" means the
diagnosis and treatment of emotional and mental disorders
based on knowledge of human development, the causation
and treatment of psychopathology, psychotherapeutic
treatment practices, and social work practice as defined in
advanced social work. Treatment modalities include but are
not limited to diagnosis and treatment of individuals,
couples, families, groups, or organizations.
(7) "Marriage and family therapy" means the diagnosis
and treatment of mental and emotional disorders, whether
cognitive, affective, or behavioral, within the context of
relationships, including marriage and family systems.
Marriage and family therapy involves the professional
application of psychotherapeutic and family systems theories
and techniques in the delivery of services to individuals,
couples, and families for the purpose of treating such
diagnosed nervous and mental disorders. The practice of
marriage and family therapy means the rendering of professional marriage and family therapy services to individuals,
couples, and families, singly or in groups, whether such
services are offered directly to the general public or through
organizations, either public or private, for a fee, monetary or
otherwise.
(8) "Mental health counseling" means the application of
principles of human development, learning theory, psychotherapy, group dynamics, and etiology of mental illness and
dysfunctional behavior to individuals, couples, families,
groups, and organizations, for the purpose of treatment of
mental disorders and promoting optimal mental health and
functionality. Mental health counseling also includes, but is
not limited to, the assessment, diagnosis, and treatment of
mental and emotional disorders, as well as the application of
a wellness model of mental health.
(9) "Secretary" means the secretary of health or the
secretary’s designee. [2001 c 251 § 1.]
(2002 Ed.)
Mental Health Counselors, Marriage and Family Therapists, Social Workers
18.225.020 Misrepresentation—Licensed by department. A person must not represent himself or herself as a
licensed advanced social worker, licensed independent
clinical social worker, licensed mental health counselor, or
licensed marriage and family therapist, without being
licensed by the department. [2001 c 251 § 2.]
18.225.030 Limitation of chapter. Nothing in this
chapter shall be construed to prohibit or restrict:
(1) The practice of marriage and family therapy, mental
health counseling, or social work by an individual otherwise
regulated under this title and performing services within the
authorized scope of practice;
(2) The practice of marriage and family therapy, mental
health counseling, or social work by an individual employed
by the government of the United States or state of Washington while engaged in the performance of duties prescribed by
the laws of the United States or state of Washington;
(3) The practice of marriage and family therapy, mental
health counseling, or social work by a person who is a
regular student in an educational program based on recognized national standards and approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor;
(4) The practice of marriage and family therapy, mental
health counseling, or social work under the auspices of a
religious denomination, church, or religious organization.
[2001 c 251 § 3.]
18.225.040 Secretary’s authority. In addition to any
other authority provided by law, the secretary has the
authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter. Any rules adopted shall be in
consultation with the committee;
(2) Establish all licensing, examination, and renewal
fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Issue licenses to applicants who have met the
education, training, and examination requirements for
licensure and to deny a license to applicants who do not
meet the requirements;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter, and hire individuals licensed under this chapter to serve as examiners for any
practical examinations;
(6) Administer and supervise the grading and taking of
examinations for applicants for licensure;
(7) Determine which states have credentialing requirements substantially equivalent to those of this state, and issue
licenses to individuals credentialed in those states without
examinations;
(8) Implement and administer a program for consumer
education in consultation with the committee;
(9) Adopt rules implementing a continuing education
program in consultation with the committee;
(10) Maintain the official record of all applicants and
licensees; and
(2002 Ed.)
18.225.020
(11) Establish by rule the procedures for an appeal of an
examination failure. [2001 c 251 § 4.]
18.225.050 Record of proceedings. The secretary
shall keep an official record of all proceedings. A part of
the record shall consist of a register of all applicants for
licensing under this chapter and the results of each application. [2001 c 251 § 5.]
18.225.060 Washington state mental health counselors, marriage and family therapists, and social workers
advisory committee—Established—Composition. The
Washington state mental health counselors, marriage and
family therapists, and social workers advisory committee is
established.
(1) The committee shall be comprised of nine members.
Two members shall be licensed mental health counselors.
Two members shall be licensed marriage and family therapists. One member shall be a licensed independent clinical
social worker, and one member shall be a licensed advanced
social worker. Three members must be consumers and
represent the public at large and may not be licensed mental
health care providers.
(2) Three members shall be appointed for a term of one
year, three members shall be appointed for a term of two
years, and three members shall be appointed for a term of
three years. Subsequent members shall be appointed for
terms of three years. A person must not serve as a member
for more than two consecutive terms.
(3)(a) Each member must be a resident of the state of
Washington.
(b) Each member must not hold an office in a professional association for mental health, social work, or marriage
and family therapy and must not be employed by the state of
Washington.
(c) Each professional member must have been actively
engaged as a mental health counselor, marriage and family
therapist, or social worker for five years immediately
preceding appointment.
(d) The consumer members must represent the general
public and be unaffiliated directly or indirectly with the
professions licensed under this chapter.
(4) The secretary shall appoint the committee members.
(5) Committee members are immune from suit in an
action, civil or criminal, based on the department’s disciplinary proceedings or other official acts performed in good
faith.
(6) Committee members shall be compensated in
accordance with RCW 43.03.240, including travel expenses
in carrying out his or her authorized duties in accordance
with RCW 43.03.050 and 43.03.060.
(7) The committee shall elect a chair and vice-chair.
[2001 c 251 § 6.]
18.225.070 Department of health—Advice/assistance
of advisory committee. The department of health may seek
the advice and assistance of the advisory committee in
administering this chapter, including, but not limited to:
(1) Advice and recommendations regarding the establishment or implementation of rules related to the administration of this chapter;
[Title 18 RCW—page 375]
18.225.070
Title 18 RCW: Businesses and Professions
(2) Advice, recommendations, and consultation regarding case disposition guidelines and priorities related to
unprofessional conduct cases regarding licensed mental
health counselors, licensed clinical social workers, licensed
advanced social workers, and licensed marriage and family
therapists;
(3) Assistance and consultation of individual committee
members as needed in the review, analysis, and disposition
of reports of unprofessional conduct and consumer complaints;
(4) Assistance and recommendations to enhance consumer education; and
(5) Assistance and recommendations regarding any
continuing education and continuing competency programs
administered under the provisions of the [this] chapter.
[2001 c 251 § 7.]
18.225.080 Uniform disciplinary act. The uniform
disciplinary act, chapter 18.130 RCW, governs unlicensed
practice, the issuance and denial of licensure, and the
discipline of persons licensed under this chapter. The
secretary shall be the disciplinary authority under this
chapter. [2001 c 251 § 8.]
18.225.090 Issuance of license—Requirements. (1)
The secretary shall issue a license to any applicant who
demonstrates to the satisfaction of the secretary that the
applicant meets the following education and experience
requirements for the applicant’s practice area.
(a) Licensed social work classifications:
(i) Licensed advanced social worker:
(A) Graduation from a master’s or doctorate social work
educational program accredited by the council on social
work education and approved by the secretary based upon
nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a
minimum of three thousand two hundred hours with ninety
hours of supervision by a licensed independent clinical social
worker or a licensed advanced social worker who has been
licensed or certified for at least two years. Of those hours,
fifty hours must include direct supervision by a licensed
advanced social worker or licensed independent clinical
social worker; the other forty hours may be with an equally
qualified licensed mental health practitioner. Forty hours
must be in one-to-one supervision and fifty hours may be in
one-to-one supervision or group supervision. Distance
supervision is limited to forty supervision hours. Eight
hundred hours must be in direct client contact; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional
ethics.
(ii) Licensed independent clinical social worker:
(A) Graduation from a master’s or doctorate level social
work educational program accredited by the council on
social work education and approved by the secretary based
upon nationally recognized standards;
(B) Successful completion of an approved examination;
(C) Successful completion of a supervised experience
requirement. The experience requirement consists of a
[Title 18 RCW—page 376]
minimum of four thousand hours of experience, of which
one thousand hours must be direct client contact, over a
three-year period supervised by a licensed independent
clinical social worker, with supervision of at least one
hundred thirty hours by a licensed mental health practitioner.
Of the total supervision, seventy hours must be with an
independent clinical social worker; the other sixty hours may
be with an equally qualified licensed mental health practitioner. Sixty hours must be in one-to-one supervision and
seventy hours may be in one-to-one supervision or group
supervision. Distance supervision is limited to sixty supervision hours; and
(D) Successful completion of continuing education
requirements of thirty-six hours, with six in professional
ethics.
(b) Licensed mental health counselor:
(i) Graduation from a master’s or doctoral level educational program in mental health counseling or a related
discipline from a college or university approved by the
secretary based upon nationally recognized standards;
(ii) Successful completion of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a
minimum of thirty-six months full-time counseling or three
thousand hours of postgraduate mental health counseling
under the supervision of a qualified licensed mental health
counselor in an approved setting. The three thousand hours
of required experience includes a minimum of one hundred
hours spent in immediate supervision with the qualified
licensed mental health counselor, and includes a minimum
of one thousand two hundred hours of direct counseling with
individuals, couples, families, or groups; and
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional
ethics.
(c) Licensed marriage and family therapist:
(i) Graduation from a master’s degree or doctoral degree
educational program in marriage and family therapy or
graduation from an educational program in an allied field
equivalent to a master’s degree or doctoral degree in
marriage and family therapy approved by the secretary based
upon nationally recognized standards;
(ii) Successful passage of an approved examination;
(iii) Successful completion of a supervised experience
requirement. The experience requirement consists of a
minimum of two calendar years of full-time marriage and
family therapy. Of the total supervision, one hundred hours
must be with a licensed marriage and family therapist with
at least five years’ clinical experience; the other one hundred
hours may be with an equally qualified licensed mental
health practitioner. Total experience requirements include:
(A) A minimum of three thousand hours of experience,
one thousand hours of which must be direct client contact;
at least five hundred hours must be gained in diagnosing and
treating couples and families; plus
(B) At least two hundred hours of qualified supervision
with a supervisor. At least one hundred of the two hundred
hours must be one-on-one supervision, and the remaining
hours may be in one-on-one or group supervision.
Applicants who have completed a master’s program
accredited by the commission on accreditation for marriage
and family therapy education of the American association for
(2002 Ed.)
Mental Health Counselors, Marriage and Family Therapists, Social Workers
marriage and family therapy may be credited with five
hundred hours of direct client contact and one hundred hours
of formal meetings with an approved supervisor; and
(iv) Successful completion of continuing education
requirements of thirty-six hours, with six in professional
ethics.
(2) The department shall establish by rule what constitutes adequate proof of meeting the criteria.
(3) In addition, applicants shall be subject to the
grounds for denial of a license or issuance of a conditional
license under chapter 18.130 RCW. [2001 c 251 § 9.]
18.225.100 Disclosure information. A person
licensed under this chapter must provide clients at the
commencement of any program of treatment with accurate
disclosure information concerning the practice, in accordance
with rules adopted by the department, including the right of
clients to refuse treatment, the responsibility of clients to
choose the provider and treatment modality which best suits
their needs, and the extent of confidentiality provided by this
chapter. The disclosure information must also include the
license holder’s professional education and training, the
therapeutic orientation of the practice, the proposed course
of treatment where known, financial requirements, and such
other information as required by rule. The disclosure must
be acknowledged in writing by the client and license holder.
[2001 c 251 § 10.]
18.225.110 Examinations. (1) The date and location
of examinations shall be established by the secretary.
Applicants who have been found by the secretary to meet the
other requirements for licensure shall be scheduled for the
next examination following the filing of the application. The
secretary shall establish by rule the examination application
deadline.
(2) The secretary or the secretary’s designees shall
examine each applicant, by means determined most effective,
on subjects appropriate to the scope of practice, as applicable. Such examinations shall be limited to the purpose of
determining whether the applicant possesses the minimum
skill and knowledge necessary to practice competently.
(3) The examination papers, all grading of the papers,
and the grading of any practical work shall be preserved for
a period of not less than one year after the secretary has
made and published the decisions. All examinations shall be
conducted under fair and wholly impartial methods.
(4) The secretary may approve an examination prepared
or administered by a private testing agency or association of
licensing agencies for use by an applicant in meeting the
licensing requirements. [2001 c 251 § 11.]
18.225.120 Application for licensing—Fee. Applications for licensing shall be submitted on forms provided by
the secretary. The secretary may require any information
and documentation which reasonably relates to the need to
determine whether the applicant meets the criteria for
licensing provided for in this chapter and chapter 18.130
RCW. Each applicant shall pay a fee determined by the
secretary under RCW 43.70.250. The fee shall accompany
the application. [2001 c 251 § 12.]
(2002 Ed.)
18.225.090
18.225.130 Prior certification under chapter 18.19
RCW. Any person certified under chapter 18.19 RCW who
has met the applicable experience and education requirements under chapter 18.19 RCW prior to July 22, 2001, is
eligible for a license as an advanced social worker, an
independent clinical social worker, a marriage and family
therapist, or a mental health counselor under this chapter
without taking the examination. [2001 c 251 § 13.]
18.225.140 Credentialed in another state—Licensed
without examination. An applicant holding a credential in
another state may be licensed to practice in this state without
examination if the secretary determines that the other state’s
credentialing standards are substantially equivalent to the
licensing standards in this state. [2001 c 251 § 14.]
18.225.150 Renewal of license, rules—Failure to
renew. The secretary shall establish by rule the procedural
requirements and fees for renewal of a license. Failure to
renew shall invalidate the license and all privileges granted
by the license. If a license has lapsed for a period longer
than three years, the person shall demonstrate competence to
the satisfaction of the secretary by taking continuing education courses, or meeting other standards determined by the
secretary. [2001 c 251 § 15.]
18.225.160 Limitation of chapter. This chapter shall
not be construed as permitting the administration or prescription of drugs or in any way infringing upon the practice of
medicine and surgery as defined in chapter 18.71 or 18.57
RCW, or in any way infringing upon the practice of psychology as defined in chapter 18.83 RCW, or restricting the
scope of the practice of counseling for those registered under
chapter 18.19 RCW, or restricting the scope of practice of
persons licensed under this chapter. [2001 c 251 § 16.]
18.225.900 Severability—2001 c 251. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2001 c 251 § 35.]
Chapter 18.230
RECREATION THERAPY
Sections
18.230.005
18.230.010
18.230.020
18.230.030
18.230.040
18.230.050
18.230.060
18.230.070
18.230.080
18.230.090
18.230.900
18.230.901
Finding.
Definitions.
Use of title—Registration required.
Limitation of chapter.
Secretary’s authority.
Official record.
Registration—Grounds for denial.
Registration—Required information—Fee.
Renewal of registration.
Uniform disciplinary act—Application to chapter.
Severability—2002 c 216.
Effective date—2002 c 216.
18.230.005 Finding. (Effective July 1, 2003.) The
overriding mission of therapeutic recreation is the provision
of purposeful intervention designed to help clients grow and
[Title 18 RCW—page 377]
18.230.005
Title 18 RCW: Businesses and Professions
to assist them to prevent or relieve problems through
recreation and leisure. It is a systematic methodology
through a progression of phases, including assessment,
planning, implementation, and evaluation. It is not a limited
or restricted concept of service carried out only within the
constraints of institutional care, but is a client-centered
model that reflects a concern for the total well-being of the
client. Recreation therapy is cost-effective and can decrease
the costs of health care services by reducing primary and
secondary disabilities. In anticipation of the expansion in
long-term care, physical and psychiatric rehabilitation, and
services for people with disabilities, the legislature finds and
declares that the registration of recreational therapists is in
the interest of the public health and safety. [2002 c 216 §
1.]
18.230.010 Definitions. (Effective July 1, 2003.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Department" means the department of health.
(2) "Recreation therapy" means the use of recreational,
and/or community activities to include leisure counseling and
community integration as treatment intervention to improve
functional leisure and community competence of persons
with a physical, cognitive, emotional, behavioral, or social
disability. The primary purpose of recreation therapy is the
use of leisure and community integration activities to restore,
remediate, or rehabilitate persons in order to improve
functioning and independence, as well as reduce or eliminate
the effects of illness or disability.
(3) "Recreational therapist" means a person registered
under this chapter.
(4) "Registration" means the registration issued to a
person under this chapter.
(5) "Secretary" means the secretary of health or the
secretary’s designee. [2002 c 216 § 2.]
18.230.020 Use of title—Registration required.
(Effective July 1, 2003.) No person may practice or
represent oneself as a registered recreational therapist by use
of any title without being registered to practice by the
department of health, unless otherwise exempted by this
chapter. [2002 c 216 § 3.]
18.230.030 Limitation of chapter. (Effective July 1,
2003.) Nothing in this chapter may be construed to prohibit
or restrict:
(1) The practice by an individual licensed, certified, or
registered under the laws of this state and performing
services within the authorized scope of practice;
(2) The practice by an individual employed by the
government of the United States while engaged in the
performance of duties prescribed by the laws of the United
States;
(3) The practice by a person who is a regular student in
an educational program approved by the secretary, and
whose performance of services is pursuant to a regular
course of instruction or assignments from an instructor and
under the general supervision of the instructor. [2002 c 216
§ 4.]
[Title 18 RCW—page 378]
18.230.040 Secretary’s authority. (Effective July 1,
2003.) In addition to any other authority provided by law,
the secretary has the authority to:
(1) Adopt rules under chapter 34.05 RCW necessary to
implement this chapter;
(2) Establish all registration and renewal fees in accordance with RCW 43.70.250;
(3) Establish forms and procedures necessary to administer this chapter;
(4) Register any applicants who have met the requirements for registration and to deny registration to applicants
who do not meet the requirements of this chapter, except
that proceedings concerning the denial of registration based
upon unprofessional conduct or impairment is governed by
the uniform disciplinary act, chapter 18.130 RCW;
(5) Hire clerical, administrative, investigative, and other
staff as needed to implement this chapter; and
(6) Maintain the official department record of all
applicants and persons registered under this chapter. [2002
c 216 § 5.]
18.230.050 Official record. (Effective July 1, 2003.)
The secretary must keep an official record of all proceedings. A part of the record shall consist of a register of all
applicants for registration under this chapter and the results
of each application. [2002 c 216 § 6.]
18.230.060 Registration—Grounds for denial.
(Effective July 1, 2003.) (1) Applicants for registration
under this chapter are subject to the grounds for denial of a
registration under chapter 18.130 RCW.
(2) The secretary must issue a registration to an applicant who completes an application form that identifies the
name and address of the applicant, the registration requested,
and information required by the secretary necessary to
establish whether there are grounds for denial of a registration. [2002 c 216 § 7.]
18.230.070 Registration—Required information—
Fee. (Effective July 1, 2003.) Applications for registration
must be submitted on forms provided by the secretary. The
secretary may require any information and documentation
that reasonably relates to the need to determine whether the
applicant meets the criteria for registration provided for in
this chapter and chapter 18.130 RCW. Each applicant must
pay a fee determined by the secretary under RCW 43.70.250.
The fee must accompany the application. [2002 c 216 § 8.]
18.230.080 Renewal of registration. (Effective July
1, 2003.) The secretary must establish by rule the procedural requirements and fees for renewal of a registration.
Failure to renew invalidates the registration and all privileges
granted by the registration. [2002 c 216 § 9.]
18.230.090 Uniform disciplinary act—Application
to chapter. (Effective July 1, 2003.) The uniform disciplinary act, chapter 18.130 RCW, governs the issuance and
denial of a registration, unauthorized practice, and the
discipline of persons registered under this chapter. The
(2002 Ed.)
Recreation Therapy
secretary is the disciplining authority under this chapter.
[2002 c 216 § 10.]
18.230.900 Severability—2002 c 216. (Effective July
1, 2003.) If any provision of this act or its application to
any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or
circumstances is not affected. [2002 c 216 § 12.]
18.230.901 Effective date—2002 c 216. This act
takes effect July 1, 2003. [2002 c 216 § 14.]
Chapter 18.235
UNIFORM REGULATION OF BUSINESS AND
PROFESSIONS ACT
Sections
18.235.005
18.235.010
18.235.020
18.235.030
18.235.040
18.235.050
18.235.060
18.235.070
18.235.080
18.235.090
18.235.100
18.235.110
18.235.120
18.235.130
18.235.140
18.235.150
18.235.160
18.235.170
18.235.180
18.235.190
18.235.200
18.235.210
18.235.900
18.235.901
18.235.902
18.235.903
Intent.
Definitions.
Application of chapter—Director’s authority—
Disciplinary authority.
Disciplinary authority—Powers.
Director’s authority.
Statement of charges—Hearing.
Procedures governing adjudicative proceedings.
Previous denial, revocation, or suspension of license.
Orders.
Appeal.
Reinstatement.
Unprofessional conduct—Finding.
Payment of a fine.
Unprofessional conduct—Acts or conditions that constitute.
Final order issued under RCW 18.235.130—Failure to
comply.
Investigation of complaint—Cease and desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order—
Action/who may maintain—Remedies not limited.
Violation of injunction—Contempt of court—Civil penalty.
Misrepresentation—Gross misdemeanor.
Crime or violation by license holder—Disciplinary authority may give notification.
Immunity from suit.
Use of records—Exchange of information—Chapter
does not affect or limit.
Application of chapter—January 1, 2003.
Short title.
Effective date—2002 c 86 §§ 101-123.
Part headings not law—2002 c 86.
Severability—2002 c 86.
18.235.005 Intent. (Effective January 1, 2003.) It is
the intent of the legislature to consolidate disciplinary
procedures for the licensed businesses and professions under
the business and professions division of the department of
licensing by providing a uniform disciplinary act for businesses and professions with standardized procedures for the
regulation of businesses and professions and the enforcement
of laws, the purpose of which is to assure the public of the
adequacy of business and professional competence and
conduct.
It is also the intent of the legislature that all businesses
and professions newly credentialed by the state and regulated
by the business and professions division of the department
of licensing come under this chapter. [2002 c 86 § 101.]
(2002 Ed.)
18.230.090
18.235.010 Definitions. (Effective January 1, 2003.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Board" means those boards specified in RCW
18.235.020(2)(b).
(2) "Department" means the department of licensing.
(3) "Director" means the director of the department or
director’s designee.
(4) "Disciplinary action" means sanctions identified in
RCW 18.235.110.
(5) "Disciplinary authority" means the director, board,
or commission having the authority to take disciplinary
action against a holder of, or applicant for, a professional or
business license upon a finding of a violation of this chapter
or a chapter specified under RCW 18.235.020.
(6) "License," "licensing," and "licensure" are deemed
equivalent to the terms "license," "licensing," "licensure,"
"certificate," "certification," and "registration" as those terms
are defined in RCW 18.118.020. Each of these terms, and
the term "appointment" under chapter 42.44 RCW, are
interchangeable under the provisions of this chapter.
(7) "Unlicensed practice" means:
(a) Practicing a profession or operating a business
identified in RCW 18.235.020 without holding a valid,
unexpired, unrevoked, and unsuspended license to do so; or
(b) Representing to a consumer, through offerings,
advertisements, or use of a professional title or designation,
that the individual or business is qualified to practice a
profession or operate a business identified in RCW
18.235.020 without holding a valid, unexpired, unrevoked,
and unsuspended license to do so. [2002 c 86 § 102.]
18.235.020 Application of chapter—Director’s
authority—Disciplinary authority. (Effective January 1,
2003.) (1) This chapter applies only to the director and the
boards and commissions having jurisdiction in relation to the
businesses and professions licensed under the chapters
specified in this section. This chapter does not apply to any
business or profession not licensed under the chapters
specified in this section.
(2)(a) The director has authority under this chapter in
relation to the following businesses and professions:
(i) Auctioneers under chapter 18.11 RCW;
(ii) Bail bond agents under chapter 18.185 RCW;
(iii) Camping resorts’ operators and salespersons under
chapter 19.105 RCW;
(iv) Commercial telephone solicitors under chapter
19.158 RCW;
(v) Cosmetologists, barbers, manicurists, and estheticians
under chapter 18.16 RCW;
(vi) Court reporters under chapter 18.145 RCW;
(vii) Employment agencies under chapter 19.31 RCW;
(viii) For hire vehicle operators under chapter 46.72
RCW;
(ix) Limousines under chapter 46.72A RCW;
(x) Notaries public under chapter 42.44 RCW;
(xi) Private investigators under chapter 18.165 RCW;
(xii) Professional boxing, martial arts, and wrestling
under chapter 67.08 RCW;
(xiii) Real estate appraisers under chapter 18.140 RCW;
[Title 18 RCW—page 379]
18.235.020
Title 18 RCW: Businesses and Professions
(xiv) Real estate brokers and salespersons under
chapters 18.85 and 18.86 RCW;
(xv) Security guards under chapter 18.170 RCW;
(xvi) Sellers of travel under chapter 19.138 RCW;
(xvii) Timeshares and timeshare salespersons under
chapter 64.36 RCW; and
(xviii) Whitewater river outfitters under chapter 79A.60
RCW.
(b) The boards and commissions having authority under
this chapter are as follows:
(i) The state board of registration for architects established in chapter 18.08 RCW;
(ii) The cemetery board established in chapter 68.05
RCW;
(iii) The Washington state collection agency board
established in chapter 19.16 RCW;
(iv) The state board of registration for professional
engineers and land surveyors established in chapter 18.43
RCW governing licenses issued under chapters 18.43 and
18.210 RCW;
(v) The state board of funeral directors and embalmers
established in chapter 18.39 RCW;
(vi) The state board of registration for landscape
architects established in chapter 18.96 RCW; and
(vii) The state geologist licensing board established in
chapter 18.220 RCW.
(3) In addition to the authority to discipline license
holders, the disciplinary authority may grant or deny licenses
based on the conditions and criteria established in this
chapter and the chapters specified in subsection (2) of this
section. This chapter also governs any investigation,
hearing, or proceeding relating to denial of licensure or
issuance of a license conditioned on the applicant’s compliance with an order entered under RCW 18.235.110 by the
disciplinary authority. [2002 c 86 § 103.]
18.235.030 Disciplinary authority—Powers. (Effective January 1, 2003.) The disciplinary authority has the
power to:
(1) Adopt, amend, and rescind rules as necessary to
carry out the purposes of this chapter, including, but not
limited to, rules regarding standards of professional conduct
and practice;
(2) Investigate complaints or reports of unprofessional
conduct and hold hearings as provided in this chapter;
(3) Issue subpoenas and administer oaths in connection
with any investigation, hearing, or proceeding held under this
chapter;
(4) Take or cause depositions to be taken and use other
discovery procedures as needed in an investigation, hearing,
or proceeding held under this chapter;
(5) Compel attendance of witnesses at hearings;
(6) Conduct practice reviews in the course of investigating a complaint or report of unprofessional conduct, unless
the disciplinary authority is authorized to audit or inspect
applicants or licensees under the chapters specified in RCW
18.235.020;
(7) Take emergency action ordering summary suspension of a license, or restriction or limitation of the licensee’s
practice or business pending proceedings by the disciplinary
authority;
[Title 18 RCW—page 380]
(8) Appoint a presiding officer or authorize the office of
administrative hearings, as provided in chapter 34.12 RCW,
to conduct hearings. The disciplinary authority may make
the final decision regarding disposition of the license unless
the disciplinary authority elects to delegate, in writing, the
final decision to the presiding officer;
(9) Use individual members of the boards and commissions to direct investigations. However, the member of the
board or commission may not subsequently participate in the
hearing of the case;
(10) Enter into contracts for professional services
determined to be necessary for adequate enforcement of this
chapter;
(11) Grant or deny license applications, secure the return
of a license obtained through the mistake or inadvertence of
the department or the disciplinary authority after providing
the person so licensed with an opportunity for an adjudicative proceeding, and, in the event of a finding of unprofessional conduct by an applicant or license holder, impose any
sanction against a license applicant or license holder provided by this chapter;
(12) Designate individuals authorized to sign subpoenas
and statements of charges;
(13) Establish panels consisting of three or more
members of the board or commission to perform any duty or
authority within the board’s or commission’s jurisdiction
under this chapter; and
(14) Contract with licensees, registrants, endorsement or
permit holders, or any other persons or organizations to
provide services necessary for the monitoring or supervision
of licensees, registrants, or endorsement or permit holders
who are placed on probation, whose professional or business
activities are restricted, or who are for an authorized purpose
subject to monitoring by the disciplinary authority. If the
subject licensee, registrant, or endorsement or permit holders
may only practice or operate a business under the supervision of another licensee, registrant, or endorsement or permit
holder under the terms of the law regulating that occupation
or business, the supervising licensee, registrant, or endorsement or permit holder must consent to the monitoring or
supervision under this subsection, unless the supervising
licensee, registrant, or endorsement or permit holder is, at
the time, the subject of a disciplinary order. [2002 c 86 §
104.]
18.235.040 Director’s authority. (Effective January
1, 2003.) In addition to the authority specified in RCW
18.235.030, the director has the following additional authority:
(1) To employ investigative, administrative, and clerical
staff as necessary for the enforcement of this chapter, except
as provided otherwise by statute;
(2) Upon request of a board or commission, to appoint
not more than three pro tem members as provided in this
subsection. Individuals appointed as pro tem members of a
board or commission must meet the same minimum qualifications as regular members of the board or commission.
While serving as a pro tem board or commission member, a
person so appointed has all the powers, duties, and immunities, and is entitled to the entitlements, including travel
(2002 Ed.)
Uniform Regulation of Business and Professions Act
expenses in accordance with RCW 43.03.050 and 43.03.060,
of a regular member of the board or commission; and
(3) To establish fees to be paid for witnesses, expert
witnesses, and consultants used in any investigation or
adjudicative proceedings as authorized by RCW 34.05.446.
[2002 c 86 § 105.]
18.235.050 Statement of charges—Hearing. (Effective January 1, 2003.) (1) If the disciplinary authority
determines, upon investigation, that there is reason to believe
a violation of RCW 18.235.130 has occurred, a statement of
charge or charges may be prepared and served upon the
license holder or applicant. The statement of charge or
charges must be accompanied by a notice that the license
holder or applicant may request a hearing to contest the
charge or charges. The license holder or applicant must file
a request for a hearing with the disciplinary authority within
twenty days after being served the statement of charges.
The failure to request a hearing constitutes a default,
whereupon the disciplinary authority may enter a decision on
the facts available to it.
(2) If a hearing is requested, the time of the hearing
must be fixed by the disciplinary authority as soon as
convenient, but the hearing may not be held earlier than
thirty days after service of charges upon the license holder
or applicant, unless the disciplinary authority has issued a
summary suspension or summary restriction, for which a
hearing may be held sooner than thirty days after service of
charges. [2002 c 86 § 106.]
18.235.060 Procedures governing adjudicative
proceedings. (Effective January 1, 2003.) The procedures
governing adjudicative proceedings before agencies under
chapter 34.05 RCW, the administrative procedure act, govern
all hearings before the disciplinary authority. The disciplinary authority has, in addition to the powers and duties set
forth in this chapter, all of the powers and duties under
chapter 34.05 RCW, which include, without limitation, all
powers relating to the administration of oaths, the receipt of
evidence, the issuance and enforcing of subpoenas, and the
taking of depositions. [2002 c 86 § 107.]
18.235.070 Previous denial, revocation, or suspension of license. (Effective January 1, 2003.) The department shall not issue a license to any person whose license
has been previously denied, revoked, or suspended by the
disciplinary authority for that profession or business, except
in conformity with the terms and conditions of the certificate
or order of denial, revocation, or suspension, or in conformity with any order of reinstatement issued by the disciplinary
authority, or in accordance with the final judgment in any
proceeding for review instituted under this chapter. [2002 c
86 § 108.]
18.235.080 Orders. (Effective January 1, 2003.) An
order pursuant to proceedings authorized by this chapter,
after due notice and findings in accordance with this chapter
and chapter 34.05 RCW, or an order of summary suspension
entered under this chapter, takes effect immediately upon its
being served. The order, if appealed to the court, may not
be stayed pending the appeal unless the disciplinary authority
(2002 Ed.)
18.235.040
or court to which the appeal is taken enters an order staying
the order of the disciplinary authority, which stay shall
provide for terms necessary to protect the public. [2002 c
86 § 109.]
18.235.090 Appeal. (Effective January 1, 2003.) An
individual who has been disciplined or whose license has
been denied by a disciplinary authority may appeal the
decision as provided in chapter 34.05 RCW. [2002 c 86 §
110.]
18.235.100 Reinstatement. (Effective January 1,
2003.) A person whose license has been suspended or
revoked under this chapter may petition the disciplinary
authority for reinstatement after an interval of time and upon
conditions determined by the disciplinary authority in the
order. The disciplinary authority shall act on the petition in
accordance with the adjudicative proceedings provided under
chapter 34.05 RCW and may impose such conditions as
authorized by RCW 18.235.110. The disciplinary authority
may require successful completion of an examination as [a]
condition of reinstatement. [2002 c 86 § 111.]
18.235.110 Unprofessional conduct—Finding.
(Effective January 1, 2003.) (1) Upon finding unprofessional conduct, the disciplinary authority may issue an order
providing for one or any combination of the following:
(a) Revocation of the license;
(b) Suspension of the license for a fixed or indefinite
term;
(c) Restriction or limitation of the practice;
(d) Satisfactory completion of a specific program of
remedial education or treatment;
(e) Monitoring of the practice in a manner directed by
the disciplinary authority;
(f) Censure or reprimand;
(g) Compliance with conditions of probation for a
designated period of time;
(h) Payment of a fine for each violation found by the
disciplinary authority, not to exceed five thousand dollars per
violation. The disciplinary authority must consider aggravating or mitigating circumstances in assessing any fine. Funds
received must be deposited in the related program account;
(i) Denial of an initial or renewal license application; or
(j) Other corrective action.
(2) The disciplinary authority may require reimbursement to the disciplinary authority for the investigative costs
incurred in investigating the matter that resulted in issuance
of an order under this section, but only if any of the sanctions in subsection (1)(a) through (j) of this section is
ordered.
(3) Any of the actions under this section may be totally
or partly stayed by the disciplinary authority. In determining
what action is appropriate, the disciplinary authority must
first consider what sanctions are necessary to protect the
public health, safety, or welfare. Only after these provisions
have been made may the disciplinary authority consider and
include in the order requirements designed to rehabilitate the
license holder or applicant. All costs associated with
compliance with orders issued under this section are the
obligation of the license holder or applicant.
[Title 18 RCW—page 381]
18.235.110
Title 18 RCW: Businesses and Professions
(4) The licensee or applicant may enter into a stipulated
disposition of charges that includes one or more of the
sanctions of this section, but only after a statement of
charges has been issued and the licensee has been afforded
the opportunity for a hearing and has elected on the record
to forego such a hearing. The stipulation shall either contain
one or more specific findings of unprofessional conduct or
a statement by the licensee acknowledging that evidence is
sufficient to justify one or more specified findings of
unprofessional conduct. The stipulations entered into under
this subsection are considered formal disciplinary action for
all purposes. [2002 c 86 § 112.]
18.235.120 Payment of a fine. (Effective January 1,
2003.) Where payment of a fine is required as a result of a
disciplinary action under RCW 18.235.060 or 18.235.150
and timely payment is not made as directed in the final
order, the disciplinary authority may enforce the order for
payment in the superior court in the county in which the
hearing was held. This right of enforcement is in addition
to any other rights the disciplinary authority may have as to
any licensee ordered to pay a fine but may not be construed
to limit a licensee’s ability to seek judicial review under
RCW 18.235.090. In any action for enforcement of an order
of payment of a fine, the disciplinary authority’s order is
conclusive proof of the validity of the order of a fine and the
terms of payment. [2002 c 86 § 113.]
18.235.130 Unprofessional conduct—Acts or
conditions that constitute. (Effective January 1, 2003.)
The following conduct, acts, or conditions constitute unprofessional conduct for any license holder or applicant under
the jurisdiction of this chapter:
(1) The commission of any act involving moral turpitude, dishonesty, or corruption relating to the practice of the
person’s profession or operation of the person’s business,
whether the act constitutes a crime or not. Upon a conviction, however, the judgment and sentence is conclusive
evidence at the ensuing disciplinary hearing of the guilt of
the license holder or applicant of the crime described in the
indictment or information, and of the person’s violation of
the statute on which it is based. For the purposes of this
section, conviction includes all instances in which a plea of
guilty or nolo contendere is the basis for the conviction and
all proceedings in which the sentence has been deferred or
suspended. Except as specifically provided by law, nothing
in this section abrogates the provisions of chapter 9.96A
RCW. However, RCW 9.96A.020 does not apply to a
person who is required to register as a sex offender under
RCW 9A.44.130;
(2) Misrepresentation or concealment of a material fact
in obtaining a license or in reinstatement thereof;
(3) Advertising that is false, deceptive, or misleading;
(4) Incompetence, negligence, or malpractice that results
in harm or damage to a consumer or that creates an unreasonable risk that a consumer may be harmed or damaged;
(5) The suspension, revocation, or restriction of a
license to engage in any business or profession by competent
authority in any state, federal, or foreign jurisdiction. A
certified copy of the order, stipulation, or agreement is
[Title 18 RCW—page 382]
conclusive evidence of the revocation, suspension, or restriction;
(6) Failure to cooperate with the disciplinary authority
in the course of an investigation, audit, or inspection
authorized by law by:
(a) Not furnishing any papers or documents requested
by the disciplinary authority;
(b) Not furnishing in writing an explanation covering the
matter contained in a complaint when requested by the
disciplinary authority;
(c) Not responding to a subpoena issued by the disciplinary authority, whether or not the recipient of the subpoena is the accused in the proceeding; or
(d) Not providing authorized access, during regular
business hours, to representatives of the disciplinary authority conducting an investigation, inspection, or audit at
facilities utilized by the license holder or applicant;
(7) Failure to comply with an order issued by the
disciplinary authority;
(8) Violating any lawful rule made by the disciplinary
authority;
(9) Aiding or abetting an unlicensed person to practice
or operate a business or profession when a license is
required;
(10) Practice or operation of a business or profession
beyond the scope of practice or operation as defined by law
or rule;
(11) Misrepresentation in any aspect of the conduct of
the business or profession;
(12) Failure to adequately supervise or oversee auxiliary
staff, whether employees or contractors, to the extent that
consumers may be harmed or damaged;
(13) Conviction of any gross misdemeanor or felony
relating to the practice of the person’s profession or operation of the person’s business. For the purposes of this
subsection, conviction includes all instances in which a plea
of guilty or nolo contendere is the basis for conviction and
all proceedings in which the sentence has been deferred or
suspended. Except as specifically provided by law, nothing
in this section abrogates the provisions of chapter 9.96A
RCW. However, RCW 9.96A.020 does not apply to a
person who is required to register as a sex offender under
RCW 9A.44.130; and
(14) Interference with an investigation or disciplinary
action by willful misrepresentation of facts before the
disciplinary authority or its authorized representatives, or by
the use of threats or harassment against any consumer or
witness to discourage them from providing evidence in a
disciplinary action or any other legal action, or by the use of
financial inducements to any consumer or witness to prevent
or attempt to prevent him or her from providing evidence in
a disciplinary action. [2002 c 86 § 114.]
18.235.140 Final order issued under RCW
18.235.130—Failure to comply. (Effective January 1,
2003.) If a person or business regulated by this chapter
violates or fails to comply with a final order issued under
RCW 18.235.130, the attorney general, any prosecuting
attorney, the director, the board or commission, or any other
person may maintain an action in the name of the state of
Washington to enjoin the person from violating the order or
failing to comply with the order. The injunction does not
(2002 Ed.)
Uniform Regulation of Business and Professions Act
relieve the offender from criminal prosecution, but the
remedy by injunction is in addition to the liability of the
offender to criminal prosecution and disciplinary action.
[2002 c 86 § 115.]
18.235.150 Investigation of complaint—Cease and
desist order/notice of intent to issue—Final determination—Fine—Temporary cease and desist order—
Action/who may maintain—Remedies not limited.
(Effective January 1, 2003.) (1) The disciplinary authority
may investigate complaints concerning practice by unlicensed persons of a profession or business for which a
license is required by the chapters specified in RCW
18.235.020. In the investigation of the complaints, the
director has the same authority as provided the disciplinary
authority under RCW 18.235.030.
(2) The disciplinary authority may issue a notice of
intent to issue a cease and desist order to any person whom
the disciplinary authority has reason to believe is engaged in
the unlicensed practice of a profession or operation of a
business for which a license is required by the chapters
specified in RCW 18.235.020. The person to whom such a
notice is issued may request an adjudicative proceeding to
contest the allegations. The notice shall include a brief,
plain statement of the alleged unlicensed activities. The
request for hearing must be filed within twenty days after
service of the notice of intent to issue a cease and desist
order. The failure to request a hearing constitutes a default,
whereupon the director may enter a permanent cease and
desist order, which may include a civil fine. All proceedings
shall be conducted in accordance with chapter 34.05 RCW.
(3) If the disciplinary authority makes a final determination that a person has engaged or is engaging in unlicensed
practice, the director may issue a permanent cease and desist
order. In addition, the disciplinary authority may impose a
civil fine in an amount not exceeding one thousand dollars
for each day upon which the person engaged in the unlicensed practice of a profession or operation of a business for
which a license is required by one or more of the chapters
specified in RCW 18.235.020. The proceeds of such a fine
shall be deposited in the related program account.
(4) If the disciplinary authority makes a written finding
of fact that the public interest will be irreparably harmed by
delay in issuing an order, the disciplinary authority may
issue a temporary cease and desist order. The person
receiving a temporary cease and desist order shall be
provided an opportunity for a prompt hearing. A temporary
cease and desist order shall remain in effect until further
order of the disciplinary authority. The failure to request a
prompt or regularly scheduled hearing constitutes a default,
whereupon the disciplinary authority may enter a permanent
cease and desist order, which may include a civil fine.
(5) The cease and desist order is conclusive proof of
unlicensed practice and may be enforced under RCW
7.21.060. This method of enforcement of the cease and
desist order or civil fine may be used in addition to, or as an
alternative to, any provisions for enforcement of agency
orders set out in chapter 34.05 RCW.
(6) The attorney general, a county prosecuting attorney,
the director, a board or commission, or any person may, in
accordance with the laws of this state governing injunctions,
(2002 Ed.)
18.235.140
maintain an action in the name of the state of Washington to
enjoin any person practicing a profession or business without
a license for which a license is required by the chapters
specified in RCW 18.235.020. All fees, fines, forfeitures,
and penalties collected or assessed by a court because of a
violation of this section shall be deposited in the related
program account.
(7) The civil remedies in this section do not limit the
ability to pursue criminal prosecution as authorized in any of
the acts specified in RCW 18.235.020 nor do the civil
remedies limit any criminal sanctions. [2002 c 86 § 116.]
18.235.160 Violation of injunction—Contempt of
court—Civil penalty. (Effective January 1, 2003.) A
person or business that violates an injunction issued under
this chapter may be found in contempt of court under RCW
7.21.010. Upon a finding by a court of competent jurisdiction that the person or business is in contempt, the court may
order any remedial sanction as authorized by RCW 7.21.030.
Further, the court may, in addition to the remedial sanctions
available under RCW 7.21.030, order the person or business
to pay a civil penalty to the state in an amount not to exceed
twenty-five thousand dollars, which shall be deposited in the
related program account. For the purposes of this section,
the superior court issuing any injunction retains jurisdiction
and the cause shall be continued, and in such cases the
attorney general acting in the name of the state may petition
for the recovery of civil penalties. [2002 c 86 § 117.]
18.235.170 Misrepresentation—Gross misdemeanor.
(Effective January 1, 2003.) A person who attempts to
obtain, obtains, or attempts to maintain a license by willful
misrepresentation or fraudulent representation is guilty of a
gross misdemeanor. [2002 c 86 § 118.]
18.235.180 Crime or violation by license holder—
Disciplinary authority may give notification. (Effective
January 1, 2003.) If the disciplinary authority has reason to
believe that a license holder has committed a crime, or
violated the laws of another regulatory body, the disciplinary
authority may notify the attorney general or the county
prosecuting attorney in the county in which the act took
place, or other responsible official of the facts known to the
disciplinary authority. [2002 c 86 § 119.]
18.235.190 Immunity from suit. (Effective January
1, 2003.) The director, members of the boards or commissions, or individuals acting on their behalf are immune from
suit in any action, civil or criminal, based on any disciplinary actions or other official acts performed in the course of
their duties. [2002 c 86 § 120.]
18.235.200 Use of records—Exchange of information—Chapter does not affect or limit. (Effective January
1, 2003.) This chapter does not affect the use of records,
obtained from the director or the disciplinary authorities, in
any existing investigation or action by any public agency.
Nor does this chapter limit any existing exchange of information between the director or the disciplinary authorities
and other public agencies. [2002 c 86 § 121.]
[Title 18 RCW—page 383]
18.235.210
Title 18 RCW: Businesses and Professions
18.235.210 Application of chapter—January 1,
2003. (Effective January 1, 2003.) (1) This chapter applies
to any conduct, acts, or conditions occurring on or after
January 1, 2003.
(2) This chapter does not apply to or govern the
construction of and disciplinary action for any conduct, acts,
or conditions occurring prior to January 1, 2003. The
conduct, acts, or conditions must be construed and disciplinary action taken according to the provisions of law existing
at the time of the occurrence in the same manner as if this
chapter had not been enacted. [2002 c 86 § 122.]
18.235.900 Short title. (Effective January 1, 2003.)
This chapter may be known and cited as the uniform
regulation of business and professions act. [2002 c 86 §
123.]
18.235.901 Effective date—2002 c 86 §§ 101-123.
Sections 101 through 123 of this act take effect January 1,
2003. [2002 c 86 § 124.]
18.235.902 Part headings not law—2002 c 86. Part
headings used in this act are not any part of the law. [2002
c 86 § 402.]
18.235.903 Severability—2002 c 86. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2002 c 86 § 404.]
[Title 18 RCW—page 384]
(2002 Ed.)
Title 19
BUSINESS REGULATIONS—MISCELLANEOUS
Chapters
19.02
19.06
19.09
19.16
19.25
19.27
19.27A
19.28
19.29
19.29A
19.30
19.31
19.32
19.34
19.36
19.40
19.48
19.52
19.56
19.58
19.60
19.64
19.68
19.72
19.76
19.77
19.80
19.83
19.84
19.85
19.86
19.91
19.94
19.98
19.100
19.102
19.105
19.108
19.110
19.112
19.116
19.118
19.120
19.122
19.126
19.130
19.134
19.138
(2002 Ed.)
Business license center act.
Blind made products—Services.
Charitable solicitations.
Collection agencies.
Reproduced sound recordings.
State building code.
Energy-related building standards.
Electricians and electrical installations.
Electrical construction.
Consumers of electricity.
Farm labor contractors.
Employment agencies.
Food lockers.
Washington electronic authentication act.
Contracts and credit agreements requiring
writings.
Uniform fraudulent transfer act.
Hotels, lodging houses, etc.—Restaurants.
Interest—Usury.
Unsolicited goods.
Motion picture fair competition act.
Pawnbrokers and second-hand dealers.
Radio broadcasting.
Rebating by practitioners of healing professions.
Suretyship.
Beverage bottles, etc.—Labeling—Refilling.
Trademark registration.
Trade names.
Trading stamp licenses.
Trading stamps and premiums.
Regulatory fairness act.
Unfair business practices—Consumer protection.
Unfair cigarette sales below cost act.
Weights and measures.
Farm implements, machinery, parts.
Franchise investment protection.
Chain distributor schemes.
Camping resorts.
Uniform trade secrets act.
Business opportunity fraud act.
Motor fuel quality act.
Motor vehicle subleasing or transfer.
Motor vehicle warranties.
Gasoline dealer bill of rights act.
Underground utilities.
Wholesale distributors and suppliers of wine
and malt beverages.
Telephone buyers’ protection act.
Credit services organization act.
Sellers of travel.
19.142
19.146
19.148
19.149
19.150
19.154
19.158
19.160
19.162
19.166
19.170
19.174
19.178
19.182
19.184
19.186
19.188
19.190
19.192
19.194
19.200
19.205
19.210
19.215
19.220
19.225
Health studio services.
Mortgage broker practices act.
Mortgage loan servicing.
Residential mortgage loan closing—Valuation
disclosure.
Self-service storage facilities.
Immigration assistant practices act.
Commercial telephone solicitation.
Business telephone listings.
Pay-per-call information delivery services.
International student exchange.
Promotional advertising of prizes.
Automated teller machines and night depositories security.
Going out of business sales.
Fair credit reporting act.
Wheelchairs.
Roofing and siding contractors and salespersons.
Electronic media violence.
Commercial electronic mail.
Proof of identity.
Trade-in or exchange of computer hardware.
Automated financial transactions.
Structured settlement protection.
Unused property merchants.
Disposal of personal information.
International matchmaking organizations.
Uniform athlete agent act.
Automobile
dealers licenses: Chapter 46.70 RCW.
driver schools, licensing: Chapter 46.82 RCW.
repair: Chapter 46.71 RCW.
Banks and trust companies: Title 30 RCW.
Bringing in out-of-state persons to replace employees involved in labor
dispute: RCW 49.44.100, 49.44.110.
Business and occupation tax: Chapter 82.04 RCW.
Business corporations and cooperative associations: Titles 23 and 23B
RCW.
Cemeteries, morgues and human remains: Title 68 RCW.
Cities and towns, powers to regulate business: Title 35 RCW.
Coal mining: Title 78 RCW.
Common carriers: Title 81 RCW.
Consumer leases: Chapter 63.10 RCW.
Consumer loan act: Chapter 31.04 RCW.
Controlled substances, uniform act: Chapter 69.50 RCW.
Credit unions: Chapter 31.12 RCW.
Development credit corporations: Chapter 31.20 RCW.
Discrimination: Chapter 49.60 RCW.
Drugs, uniform controlled substances act: Chapter 69.50 RCW.
Drugs and cosmetics: Chapter 69.04 RCW.
Fish marketing act: Chapter 24.36 RCW.
Fishermen, commercial: Title 77 RCW.
[Title 19 RCW—page 1]
Title 19
Title 19 RCW: Business Regulations—Miscellaneous
Food and beverage establishment workers’ permits: Chapter 69.06 RCW.
Food processing, adulteration, misbranding, standards: Chapter 69.04
RCW.
Forests and forest products: Title 76 RCW.
Fruit: Title 15 RCW.
Gas and hazardous liquid pipelines: Chapter 81.88 RCW.
Hydraulic brake fluid, standards and specifications: RCW 46.37.365.
Livestock marketing and inspection: Chapter 16.57 RCW.
Massachusetts Trust Act: Chapter 23.90 RCW.
Measurement of goods, raw materials and agricultural products, fraud,
penalty: RCW 9.45.122 through 9.45.126.
Milk and milk products for animal food: Chapter 15.37 RCW.
Mines, mineral and petroleum: Title 78 RCW.
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Mutual savings banks: Title 32 RCW.
Partnerships: Title 25 RCW.
Periodicals, postage, purchase by public agencies—Manner of payment:
RCW 42.24.035.
Pesticide applicators—Surety bond: Chapter 17.21 RCW.
Pilotage act: Chapter 88.16 RCW.
Poisons, dispensing and sale: Chapter 69.40 RCW.
Professional service corporations: Chapter 18.100 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public utilities: Title 80 RCW.
Railroads and other common carriers: Title 81 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
Sales of personal property: Title 62A RCW.
Savings and loan associations: Title 33 RCW.
Shoefitting devices, x-ray, etc., prohibited: RCW 70.98.170.
Transportation, public: Title 81 RCW.
Vehicle wreckers: Chapter 46.80 RCW.
Warehouses and grain elevators: Title 22 RCW.
Washington fresh fruit sales limitation act: Chapter 15.21 RCW.
Chapter 19.02
BUSINESS LICENSE CENTER ACT
Sections
19.02.010
19.02.020
19.02.030
19.02.035
19.02.050
19.02.070
19.02.075
19.02.080
19.02.085
19.02.090
19.02.100
19.02.110
19.02.200
19.02.210
19.02.220
19.02.300
19.02.800
Purpose—Intent.
Definitions.
Center—Created—Duties—Rules.
Center to compile and distribute information—Scope.
Participation of state agencies.
Issuance of licenses—Scope—Master application and fees—
Action by regulatory agency, when—Agencies provided
information.
Master application fees—Renewal.
Licensing fees—Disposition of.
Licensing fees—Master license delinquency fee—Rate—
Disposition.
Master license—Expiration date—Prorated fees—Conditions
of renewal.
Master license—Issuance or renewal—Denial.
Master license—System to include additional licenses.
Center as secretary of state’s agent for corporate renewals—
Proposals for—Schedule.
Master license fund.
Combined licensing project—Report—Evaluation.
Contract to issue conditional federal employer identification
numbers, credentials, and documents—Issuance in conjunction with license applications.
Master license system—Certain business or professional
activity licenses exempt.
[Title 19 RCW—page 2]
19.02.810
Master license system—Existing licenses or permits registered under, when.
19.02.890 Short title.
19.02.900 Severability—1977 ex.s. c 319.
19.02.901 Severability—1982 c 182.
19.02.910 Effective date—1977 ex.s. c 319.
19.02.920 Construction.
Reviser’s note: Throughout chapter 19.02 RCW, the term "this 1977
amendatory act" has been changed to "this chapter." For codification of
"this 1977 amendatory act" [1977 ex.s. c 319], see Codification Tables,
Volume O.
19.02.010 Purpose—Intent. Experience under the
pilot program of the business coordination act suggests that
the number of state licenses required for new businesses and
the renewal of existing licenses places an undue burden on
business. Studies under this act also show that the state can
reduce its costs by coordinating and consolidating application
forms, information, and licenses. Therefore, the legislature
extends the business coordination act by establishing a
business license program and license center to develop and
implement the following goals and objectives:
(1) The first goal of this system is to provide a convenient, accessible, and timely one-stop system for the business
community to acquire and maintain the necessary state
licenses to conduct business. This system shall be developed
and operated in the most cost-efficient manner for the business community and state. The objectives of this goal are:
(a) To provide a service whereby information is available to the business community concerning all state licensing
and regulatory requirements, and to the extent feasible,
include local and federal information concerning the same
regulated activities;
(b) To provide a system which will enable state agencies to efficiently store, retrieve, and exchange license
information with due regard to privacy statutes; to issue and
renew master licenses where such licenses are appropriate;
and to provide appropriate support services for this objective;
(c) To provide at designated locations one consolidated
application form to be completed by any given applicant;
and
(d) To provide a statewide system of common business
identification.
(2) The second goal of this system is to aid business
and the growth of business in Washington state by instituting
a master license system that will reduce the paperwork
burden on business, and promote the elimination of obsolete
and duplicative licensing requirements by consolidating
existing licenses and applications.
It is the intent of the legislature that the authority for
determining if a requested license shall be issued shall
remain with the agency legally authorized to issue the
license.
It is the further intent of the legislature that those
licenses which no longer serve a useful purpose in regulating
certain business activities should be eliminated. [1982 c 182
§ 1; 1977 ex.s. c 319 § 1.]
19.02.020 Definitions. As used in this chapter, the
following words shall have the following meanings:
(1) "System" means the mechanism by which master
licenses are issued and renewed, license and regulatory
(2002 Ed.)
Business License Center Act
information is disseminated, and account data is exchanged
by the agencies;
(2) "Business license center" means the business
registration and licensing center established by this chapter
and located in and under the administrative control of the
department of licensing;
(3) "Master application" means a document incorporating pertinent data from existing applications for licenses
covered under this chapter;
(4) "Master license" means the single document designed for public display issued by the business license
center which certifies state agency license approval and
which incorporates the endorsements for individual licenses
included in the master license system, which the state
requires for any person subject to this chapter;
(5) "License" means the whole or part of any agency
permit, license, certificate, approval, registration, charter, or
any form or permission required by law, including agency
rule, to engage in any activity;
(6) "Regulatory" means all licensing and other governmental or statutory requirements pertaining to business or
professional activities;
(7) "Person" means any individual, sole proprietorship,
partnership, association, cooperative, corporation, nonprofit
organization, state or local government agency, and any
other organization required to register with the state to do
business in the state and to obtain one or more licenses from
the state or any of its agencies;
(8) "Director" means the director of licensing;
(9) "Department" means the department of licensing;
(10) "Regulatory agency" means any state agency,
board, commission, or division which regulates one or more
professions, occupations, industries, businesses, or activities;
(11) "Renewal application" means a document used to
collect pertinent data for renewal of licenses covered under
this chapter; and
(12) "License information packet" means a collection of
information about licensing requirements and application
procedures custom-assembled for each request. [1993 c 142
§ 3; 1992 c 107 § 1; 1982 c 182 § 2; 1979 c 158 § 75; 1977
ex.s. c 319 § 2.]
Effective dates—1992 c 107: "(1) Sections 1 through 4, 6, and 8 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect June 1, 1992.
(2) Sections 5 and 7 of this act shall take effect July 1, 1992." [1992
c 107 § 9.]
19.02.030 Center—Created—Duties—Rules. (1)
There is created within the department of licensing a
business license center.
(2) The duties of the center shall include:
(a) Developing and administering a computerized onestop master license system capable of storing, retrieving, and
exchanging license information with due regard to privacy
statutes, as well as issuing and renewing master licenses in
an efficient manner;
(b) Providing a license information service detailing
requirements to establish or engage in business in this state;
(c) Providing for staggered master license renewal;
(d) Identifying types of licenses appropriate for inclusion in the master license system;
(2002 Ed.)
19.02.020
(e) Recommending in reports to the governor and the
legislature the elimination, consolidation, or other modification of duplicative, ineffective, or inefficient licensing or
inspection requirements; and
(f) Incorporating licenses into the master license system.
(3) The director of licensing may adopt under chapter
34.05 RCW such rules as may be necessary to effectuate the
purposes of this chapter. [1999 c 240 § 5; 1993 c 142 § 4;
1982 c 182 § 3; 1979 c 158 § 76; 1977 ex.s. c 319 § 3.]
19.02.035 Center to compile and distribute information—Scope. The business license center shall compile
information regarding the regulatory programs associated
with each of the licenses obtainable under the master license
system. This information shall include, at a minimum, a
listing of the statutes and administrative rules requiring the
licenses and pertaining to the regulatory programs that are
directly related to the licensure. For example, for pesticide
dealers’ licenses, the information shall include the statutes
and rules requiring licensing as well as those pertaining to
the subject of registering or distributing pesticides.
The business license center shall provide information
governed by this section to any person requesting it.
Materials used by the center to describe the services provided by the center shall indicate that this information is
available upon request. [1982 c 182 § 4.]
19.02.050 Participation of state agencies. The
legislature hereby directs the full participation by the
following agencies in the implementation of this chapter:
(1) Department of agriculture;
(2) Secretary of state;
(3) Department of social and health services;
(4) Department of revenue;
(5) Department of fish and wildlife;
(6) Department of employment security;
(7) Department of labor and industries;
(8) Department of community, trade, and economic
development;
(9) Liquor control board;
(10) Department of health;
(11) Department of licensing;
(12) Parks and recreation commission;
(13) Utilities and transportation commission; and
(14) Other agencies as determined by the governor.
[1997 c 391 § 11; 1994 c 264 § 8; 1989 1st ex.s. c 9 § 317;
1985 c 466 § 38; 1979 c 158 § 78; 1977 ex.s. c 319 § 5.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
19.02.070 Issuance of licenses—Scope—Master
application and fees—Action by regulatory agency,
when—Agencies provided information. (1) Any person
requiring licenses which have been incorporated into the
system shall submit a master application to the department
requesting the issuance of the licenses. The master application form shall contain in consolidated form information
necessary for the issuance of the licenses.
[Title 19 RCW—page 3]
19.02.070
Title 19 RCW: Business Regulations—Miscellaneous
(2) The applicant shall include with the application the
sum of all fees and deposits required for the requested
individual license endorsements as well as the handling fee
established under RCW 19.02.075.
(3) Irrespective of any authority delegated to the
department of licensing to implement the provisions of this
chapter, the authority for approving issuance and renewal of
any requested license that requires a prelicensing or renewal
investigation, inspection, testing, or other judgmental review
by the regulatory agency otherwise legally authorized to
issue the license shall remain with that agency. The business license center has the authority to issue those licenses
for which proper fee payment and a completed application
form have been received and for which no prelicensing or
renewal approval action is required by the regulatory agency.
(4) Upon receipt of the application and proper fee
payment for any license for which issuance is subject to
regulatory agency action under subsection (3) of this section,
the department shall immediately notify the regulatory
agency with authority to approve issuance or renewal of the
license requested by the applicant. Each regulatory agency
shall advise the department within a reasonable time after
receiving the notice: (a) That the agency approves the
issuance of the requested license and will advise the applicant of any specific conditions required for issuing the
license; (b) that the agency denies the issuance of the license
and gives the applicant reasons for the denial; or (c) that the
application is pending.
(5) The department shall issue a master license endorsed
for all the approved licenses to the applicant and advise the
applicant of the status of other requested licenses. It is the
responsibility of the applicant to contest the decision
regarding conditions imposed or licenses denied through the
normal process established by statute or by the agency with
the authority for approving issuance of the license.
(6) Regulatory agencies shall be provided information
from the master application for their licensing and regulatory
functions. [1990 c 264 § 1; 1982 c 182 § 6; 1979 c 158 §
79; 1977 ex.s. c 319 § 7.]
Effective date—1990 c 264: "This act shall take effect July 1, 1990.
The director of licensing may immediately take such steps as are necessary
to ensure that sections 1 and 2 of this act are implemented on their effective
date." [1990 c 264 § 5.]
19.02.075 Master application fees—Renewal. (1)
The department shall collect a fee of fifteen dollars on each
master application. The entire master application fee shall
be deposited in the master license fund.
(2) The department shall collect a fee of nine dollars on
each renewal application. Renewal application fees shall be
deposited in the master license fund. [1995 c 403 § 1007;
1992 c 107 § 2; 1990 c 264 § 2.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1990 c 264: See note following RCW 19.02.070.
19.02.080 Licensing fees—Disposition of. All fees
collected under the system shall be deposited with the state
treasurer. Upon issuance or renewal of the master license or
[Title 19 RCW—page 4]
supplemental licenses, the department shall distribute the
fees, except for fees covered under RCW 19.02.210 and for
fees covered under RCW 19.80.075, to the appropriate
accounts under the applicable statutes for those agencies’
licenses. [1992 c 107 § 3; 1982 c 182 § 7.]
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.02.085 Licensing fees—Master license delinquency fee—Rate—Disposition. To encourage timely renewal
by applicants, a master license delinquency fee shall be
imposed on licensees who fail to renew by the master license
expiration date. The master license delinquency fee shall be
the lesser of one hundred fifty dollars or fifty percent of a
base comprised of the licensee’s renewal fee minus corporate
licensing taxes, corporation annual report fee, and any
interest fees or penalties charged for late taxes or corporate
renewals. The master license delinquency fee shall be added
to the renewal fee and paid by the licensee before a master
license shall be renewed. The delinquency fee shall be
deposited in the master license fund. [1992 c 107 § 5; 1989
c 170 § 1; 1982 c 182 § 9.]
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.02.090 Master license—Expiration date—
Prorated fees—Conditions of renewal. (1) The department
shall assign an expiration date for each master license. All
renewable licenses endorsed on that master license shall
expire on that date. License fees shall be prorated to
accommodate the staggering of expiration dates.
(2) All renewable licenses endorsed on a master license
shall be renewed by the department under conditions
originally imposed unless a regulatory agency advises the
department of conditions or denials to be imposed before the
endorsement is renewed. [1982 c 182 § 8.]
19.02.100 Master license—Issuance or renewal—
Denial. (1) The department shall not issue or renew a
master license to any person if:
(a) The person does not have a valid tax registration, if
required;
(b) The person is a corporation delinquent in fees or
penalties owing to the secretary of state or is not validly
registered under Title 23B RCW, chapter 18.100 RCW, Title
24 RCW, and any other statute now or hereafter adopted
which gives corporate or business licensing responsibilities
to the secretary of state; or
(c) The person has not submitted the sum of all fees and
deposits required for the requested individual license
endorsements, any outstanding master license delinquency
fee, or other fees and penalties to be collected through the
system.
(2) Nothing in this section shall prevent registration by
the state of an employer for the purpose of paying an
employee of that employer industrial insurance or unemployment insurance benefits.
(3) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet all other requirements for
(2002 Ed.)
Business License Center Act
reinstatement during the suspension, reissuance of the license
or certificate shall be automatic upon the department’s
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [1997 c 58 § 865; 1991 c 72 § 8; 1982 c 182 §
10.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.02.110 Master license—System to include
additional licenses. In addition to the licenses processed
under the master license system prior to April 1, 1982, on
July 1, 1982, use of the master license system shall be
expanded as provided by this section.
Applications for the following shall be filed with the
business license center and shall be processed, and renewals
shall be issued, under the master license system:
(1) Nursery dealer’s licenses required by chapter 15.13
RCW;
(2) Seed dealer’s licenses required by chapter 15.49
RCW;
(3) Pesticide dealer’s licenses required by chapter 15.58
RCW;
(4) Shopkeeper’s licenses required by chapter 18.64
RCW;
(5) Refrigerated locker licenses required by chapter
19.32 RCW;
(6) Egg dealer’s licenses required by chapter 69.25
RCW. [2000 c 171 § 43; 1988 c 5 § 3; 1982 c 182 § 11.]
19.02.200 Center as secretary of state’s agent for
corporate renewals—Proposals for—Schedule. See RCW
43.07.200.
19.02.210 Master license fund. The master license
fund is created in the state treasury. Unless otherwise
indicated in RCW 19.02.075, all receipts from handling and
master license delinquency fees shall be deposited into the
fund. Moneys in the fund may be spent only after appropriation beginning in fiscal year 1993. Expenditures from the
fund may be used only to administer the master license
services program. [1992 c 107 § 4.]
Effective dates—1992 c 107: See note following RCW 19.02.020.
19.02.220 Combined licensing project—Report—
Evaluation. (1) By June 30, 1997, the department shall
have a pilot combined licensing project fully operational in
at least two cities within the state of Washington, with at
least one city west of the Cascade mountains and at least one
city east of the Cascade mountains.
(2002 Ed.)
19.02.100
(2) By January 31, 1997, the department shall make an
interim report to the legislature on the progress of the pilot
combined licensing project.
(3) By January 31, 1998, the department shall have
evaluated the pilot combined licensing project and reported
to the legislature with a plan for transition of the pilot
project into an ongoing program. The transition plan shall
include cost, funding sources, and staffing needs for the
ongoing program.
(4) Upon approval and continued funding of the
transition plan by the legislature under this section, the
master license system shall implement a transition from the
pilot program to the ongoing program. [1995 c 403 § 1006.]
Findings—1995 c 403: "The master license system of the department
of licensing is a proven, progressive program for one-stop state licensing.
This flexible system should be expanded into a statewide shared data base
to facilitate combined licensing processes at local, state, and federal levels
as a benefit to the business community through improved customer service.
In order to achieve this goal the department of licensing should
expand the license information management system, offered by the master
license system, to include local and federal licensing requirements, making
this information readily accessible at appropriate locations throughout the
state. In addition, the department should develop a pilot program expanding
the capabilities of the master licensing [license] system to local and federal
levels in an efficient manner; and provide access to the expanded master
licensing [license] system for all jurisdictions within the state of Washington." [1995 c 403 § 1001.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.02.300 Contract to issue conditional federal
employer identification numbers, credentials, and documents—Issuance in conjunction with license applications.
(1) The director may contract with the federal internal
revenue service, or other appropriate federal agency, to issue
conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under this chapter.
(2) To the extent permitted by any contract entered
under subsection (1) of this section, the department may
contract, under chapter 39.34 RCW, with any agency of state
or local government which is participating in the master
licensing program to issue conditional federal employer
identification numbers, or other federal credentials or
documents, in conjunction with applications for state licenses
under this chapter. [1997 c 51 § 2.]
Intent—1997 c 51: "The legislature intends to simplify the process
of registering and licensing businesses in this state by authorizing state
agencies to provide consolidated forms, instructions, service locations, and
other operations whenever coordination of these functions would benefit
individual businesses and the business community of this state. To further
this goal, agencies participating in the master business license program
should be able to contract with the federal internal revenue service, or other
appropriate federal agency, to issue a conditional federal employer
identification number, or other federal credentials or documents, at the same
time that a business applies for registration or licensing with any state
agency." [1997 c 51 § 1.]
19.02.800 Master license system—Certain business
or professional activity licenses exempt. Except as
provided in RCW 43.07.200, the provisions of this chapter
regarding the processing of license applications and renewals
under a master license system shall not apply to those
[Title 19 RCW—page 5]
19.02.800
Title 19 RCW: Business Regulations—Miscellaneous
business or professional activities that are licensed or
regulated under chapter 31.04, 31.12, *31.12A, or 31.13
RCW or under Title 30, 32, 33, or 48 RCW. [2000 c 171 §
44; 1982 c 182 § 17.]
*Reviser’s note: Chapter 31.12A RCW was repealed by 1996 c 5 §
7, effective December 31, 2000.
19.02.810 Master license system—Existing licenses
or permits registered under, when. A license or permit
affected by chapter 182, Laws of 1982 and otherwise valid
on April 1, 1982, need not be registered under the master
license system until the renewal or expiration date of that
license or permit under the laws in effect prior to April 1,
1982, unless otherwise revoked or suspended. [1982 c 182
§ 46.]
19.02.890 Short title. This chapter may be known
and cited as the business license center act. [1982 c 182 §
18.]
19.02.900 Severability—1977 ex.s. c 319. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 319 § 10.]
19.02.901 Severability—1982 c 182. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 182 § 47.]
19.02.910 Effective date—1977 ex.s. c 319. This
1977 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect July 1, 1977. [1977 ex.s. c 319 § 11.]
19.02.920 Construction. The rule of strict construction shall have no application to this chapter and it shall be
liberally construed in order to carry out its purposes. [1982
c 182 § 16.]
of the man hours required for its manufacture. No other
label, trade name or sales device tending to create the
impression that a product is made by blind persons shall be
used in connection with the sale or distribution of such
product unless the product shall have been made by blind
people to the extent of at least seventy-five percent of the
man hours required for its manufacture. [1961 c 56 § 1;
1959 c 100 § 1.]
19.06.020 Governmental agencies shall purchase
goods and services—Conditions. Any board, commission,
officer, employee or other person or persons of the state, or
any county, city, town, school district or other agency,
political subdivision or taxing district of the state, whose
duty it is to purchase materials, supplies, goods, wares,
merchandise or produce, or to procure services, for the use
of any department or institution within the state, shall make
such purchases and procure such services whenever available, from any nonprofit agency for the blind located within
the state which manufactures or distributes blind made
products: PROVIDED, That the goods and services made
by or offered by such agencies shall be equal in quality and
price to those available from other sources. [1961 c 56 § 4;
1959 c 100 § 2.]
19.06.030 Advertising limitations. No advertising of
blind made products shall refer to any product which is not
blind made, nor shall any such advertising contain or refer
to names or pictures of any blind persons or otherwise
exploit the blind. [1961 c 56 § 2.]
19.06.040 Penalty. Any violation of this chapter shall
be a misdemeanor. [1961 c 56 § 3.]
Chapter 19.09
CHARITABLE SOLICITATIONS
Sections
19.09.010
19.09.020
19.09.065
19.09.075
Chapter 19.06
BLIND MADE PRODUCTS—SERVICES
Sections
19.06.010
19.06.020
19.06.030
19.06.040
Labels—Contents—Requirements—Prohibited acts.
Governmental agencies shall purchase goods and services—
Conditions.
Advertising limitations.
Penalty.
19.06.010 Labels—Contents—Requirements—
Prohibited acts. Products made by blind persons and sold
or distributed in this state as blind made may bear a label
affixed directly to the product reading "MADE BY THE
BLIND" and shall show the distributor’s or manufacturer’s
name. Any product bearing such label shall have been made
by blind people to the extent of at least seventy-five percent
[Title 19 RCW—page 6]
19.09.076
19.09.079
19.09.085
19.09.095
19.09.097
19.09.100
19.09.190
19.09.200
19.09.210
19.09.230
19.09.240
19.09.271
19.09.275
Purpose.
Definitions.
Charitable organizations and commercial fund raisers—
Registration required—Public record—Registration not
endorsement.
Charitable organizations—Application for registration—
Contents—Fee—Veterans’ affairs—Notice, advice.
Charitable organizations—Application for registration—
Exemptions—Rules—Compliance with conditions.
Commercial fund raisers—Application for registration—
Contents—Fee.
Registration—Duration—Change—Notice to reregister.
Subsidiary organizations—Requirement to register—
Exemptions.
Contract with commercial fund raiser—Limitations—
Registration form—Contents—Copy—Fee.
Conditions applicable to solicitations.
Commercial fund raisers—Surety bond.
Books, records, and contracts.
Financial statements.
Using the name, symbol, or emblem of another entity—
Filing.
Using similar name, symbol, emblem, or statement.
Failure to register—Late filing fee—Notice to attorney general.
Violations—Penalties.
(2002 Ed.)
Charitable Solicitations
19.09.276
Waiver of rule-set penalties—Notice by organization seeking
relief—Investigation.
19.09.277 Violations—Attorney general—Cease and desist order—
Temporary order.
19.09.279 Violations—Secretary of state—Penalty—Hearing—
Recovery in superior court.
19.09.305 Service on secretary when registrant not found—
Procedure—Fee—Costs.
19.09.315 Forms and procedures—Filing of financial statement—
Publications—Fee.
19.09.340 Violations deemed unfair practice under chapter 19.86
RCW—Application of chapter 9.04 RCW—Procedure.
19.09.355 Moneys to be transmitted to general fund.
19.09.400 Attorney general—Investigations—Publication of information.
19.09.410 Attorney general—Investigations—Powers—Superior court
may compel.
19.09.420 Copies of information for attorney general.
19.09.430 Administrative procedure act to govern administration.
19.09.440 Annual report by secretary of state.
19.09.910 Severability—1973 1st ex.s. c 13.
19.09.911 Severability—1983 c 265.
19.09.912 Effective date—1983 c 265.
19.09.913 Effective date—1986 c 230.
19.09.914 Severability—1993 c 471.
19.09.915 Effective date—1993 c 471.
Fees—Charitable trusts—Charitable solicitations: RCW 43.07.125.
Telephone, solicitation regulated: RCW 80.36.390.
19.09.010 Purpose. The purpose of this chapter is to
provide citizens of the state of Washington with information
relating to persons and organizations who solicit funds from
the public for public charitable purposes in order to prevent
(1) deceptive and dishonest practices in the conduct of
soliciting funds for or in the name of charity; and (2)
improper use of contributions intended for charitable
purposes. [1986 c 230 § 1; 1973 1st ex.s. c 13 § 1.]
19.09.020 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) A "bona fide officer or employee" of a charitable
organization is one (a) whose conduct is subject to direct
control by such organization; (b) who does not act in the
manner of an independent contractor in his or her relation
with the organization; and (c) whose compensation is not
computed on funds raised or to be raised.
(2) "Charitable organization" means any entity that
solicits or collects contributions from the general public
where the contribution is or is purported to be used to
support a charitable activity, but does not include any
commercial fund raiser or commercial fund-raising entity as
defined in this section. "Charitable" (a) is not limited to its
common law meaning unless the context clearly requires a
narrower meaning; (b) does not include religious or political
activities; and (c) includes, but is not limited to, educational,
recreational, social, patriotic, legal defense, benevolent, and
health causes.
(3) "Compensation" means salaries, wages, fees,
commissions, or any other remuneration or valuable consideration.
(4) "Contribution" means the payment, donation,
promise, or grant, for consideration or otherwise, of any
money or property of any kind or value which contribution
is wholly or partly induced by a solicitation. Reference to
dollar amounts of "contributions" or "solicitations" in this
chapter means in the case of payments or promises to pay
(2002 Ed.)
Chapter 19.09
for merchandise or rights of any description, the value of the
total amount paid or promised to be paid for such merchandise or rights less the reasonable purchase price to the
charitable organization of any such tangible merchandise,
rights, or services resold by the organization, and not merely
that portion of the purchase price to be applied to a charitable purpose.
(5) "Cost of solicitation" means and includes all direct
and indirect costs, expenditures, debts, obligations, salaries,
wages, commissions, fees, or other money or thing of value
paid or incurred in making a solicitation. Cost of solicitation
does not include the reasonable purchase price to the
charitable organization of any tangible goods or services
resold by the organization as a part of its fund raising activities.
(6) "Entity" means an individual, organization, group,
association, partnership, corporation, agency or unit of state
government, or any combination thereof.
(7) "General public" or "public" means any individual
located in Washington state without a membership or other
official relationship with a charitable organization before a
solicitation by the charitable organization.
(8) "Commercial fund raiser" or "commercial fundraising entity" means any entity that for compensation or
other consideration within this state directly or indirectly
solicits or receives contributions for or on behalf of any
charitable organization or charitable purpose, or that is
engaged in the business of or is held out to persons in this
state as independently engaged in the business of soliciting
or receiving contributions for such purposes. However, the
following shall not be deemed a commercial fund raiser or
"commercial fund-raising entity": (a) Any entity that
provides fund-raising advice or consultation to a charitable
organization within this state but neither directly nor indirectly solicits or receives any contribution for or on behalf
of any such charitable organization; and (b) a bona fide
officer or other employee of a charitable organization.
(9) "Membership" means that for the payment of fees,
dues, assessments, etc., an organization provides services and
confers a bona fide right, privilege, professional standing,
honor, or other direct benefit, in addition to the right to vote,
elect officers, or hold office. The term "membership" does
not include those persons who are granted a membership
upon making a contribution as the result of solicitation.
(10) "Other employee" of a charitable organization
means any person (a) whose conduct is subject to direct
control by such organization; (b) who does not act in the
manner of any independent contractor in his or her relation
with the organization; and (c) who is not engaged in the
business of or held out to persons in this state as independently engaged in the business of soliciting contributions for
charitable or religious purposes.
(11) "Parent organization" means that part of a charitable organization that coordinates, supervises, or exercises
control over policy, fund raising, or expenditures, or assists
or advises one or more related foundations, supporting
organizations, chapters, branches, or affiliates of such
organization in the state of Washington.
[Title 19 RCW—page 7]
19.09.020
Title 19 RCW: Business Regulations—Miscellaneous
(12) "Political activities" means those activities subject
to chapter 42.17 RCW or the Federal Elections Campaign
Act of 1971, as amended.
(13) "Religious activities" means those religious,
evangelical, or missionary activities under the direction of a
religious organization duly organized and operating in good
faith that are entitled to receive a declaration of current tax
exempt status for religious purposes from the United States
government and the duly organized branches or chapters of
those organizations.
(14) "Secretary" means the secretary of state.
(15) "Signed" means hand-written, or, if the secretary
adopts rules facilitating electronic filing that pertain to this
chapter, in the manner prescribed by those rules.
(16) "Solicitation" means any oral or written request for
a contribution, including the solicitor’s offer or attempt to
sell any property, rights, services, or other thing in connection with which:
(a) Any appeal is made for any charitable purpose; or
(b) The name of any charitable organization is used as
an inducement for consummating the sale; or
(c) Any statement is made that implies that the whole or
any part of the proceeds from the sale will be applied toward
any charitable purpose or donated to any charitable organization.
The solicitation shall be deemed completed when made,
whether or not the person making it receives any contribution or makes any sale.
Bingo activities, raffles, and amusement games conducted under chapter 9.46 RCW and applicable rules of the
Washington state gambling commission are specifically
excluded and shall not be deemed a solicitation under this
chapter. [2002 c 74 § 1; 1993 c 471 § 1; 1986 c 230 § 2;
1983 c 265 § 1; 1979 c 158 § 80; 1977 ex.s. c 222 § 1;
1974 ex.s. c 106 § 1; 1973 1st ex.s. c 13 § 2.]
Captions not law—2002 c 74: "Section captions used in this act are
not part of the law." [2002 c 74 § 21.]
19.09.065 Charitable organizations and commercial
fund raisers—Registration required—Public record—
Registration not endorsement. (1) All charitable organizations and commercial fund raisers shall register with the
secretary prior to conducting any solicitations.
(2) Failure to register as required by this chapter is a
violation of this chapter.
(3) Information provided to the secretary pursuant to
this chapter shall be a public record except as otherwise
stated in this chapter.
(4) Registration shall not be considered or be represented as an endorsement by the secretary or the state of
Washington. [1993 c 471 § 2; 1986 c 230 § 3; 1983 c 265
§ 4.]
19.09.075 Charitable organizations—Application for
registration—Contents—Fee—Veterans’ affairs—Notice,
advice. An application for registration as a charitable
organization shall be submitted in the form prescribed by
rule by the secretary, containing, but not limited to, the
following:
(1) The name, address, and telephone number of the
charitable organization;
[Title 19 RCW—page 8]
(2) The name(s) under which the organization will
solicit contributions;
(3) The name, address, and telephone number of the
officers of or persons accepting responsibility for the
organization;
(4) The names of the three officers or employees
receiving the greatest amount of compensation from the
organization;
(5) The purpose of the organization;
(6)(a) Whether the organization is exempt from federal
income tax; and if so the organization shall attach to its
application a copy of the letter by which the internal revenue
service granted such status; and
(b) The name and address of the entity that prepares,
reviews, or audits the financial statement of the organization;
(7) A solicitation report of the organization for the
preceding accounting year including:
(a) The number and types of solicitations conducted;
(b) The total dollar value of support received from
solicitations and from all other sources received on behalf of
the charitable purpose of the charitable organization;
(c) The total amount of money applied to charitable
purposes, fund raising costs, and other expenses;
(d) The name, address, and telephone number of any
commercial fund raiser used by the organization;
(8) An irrevocable appointment of the secretary to
receive service of process in noncriminal proceedings as
provided in RCW 19.09.305; and
(9) The total revenue of the preceding fiscal year.
The solicitation report required to be submitted under
subsection (7) of this section shall be in the form prescribed
by rule by the secretary, or as agreed to by the secretary and
a charitable organization or a group of charitable organizations. A consolidated application for registration may, at the
option of the charitable organization, be submitted by a
parent organization for itself and any or all of its related
foundations, supporting organizations, chapters, branches, or
affiliates in the state of Washington.
The application shall be signed by the president,
treasurer, or comparable officer of the organization. The
application shall be submitted with a nonrefundable filing fee
which shall be in an amount to be established by the
secretary by rule. In determining the amount of this application fee, the secretary may consider factors such as the
entity’s annual budget and its federal income tax status. If
the secretary determines that the application is complete, the
application shall be filed and the applicant deemed registered.
The secretary shall notify the director of veterans’
affairs upon receipt of an application for registration as a
charitable organization from an entity that purports to raise
funds to benefit veterans of the United States military services. The director of veterans’ affairs may advise the
secretary and the attorney general of any information,
reports, or complaints regarding such an organization. [2002
c 74 § 2; 1993 c 471 § 3; 1986 c 230 § 4; 1983 c 265 § 5.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
19.09.076 Charitable organizations—Application for
registration—Exemptions—Rules—Compliance with
(2002 Ed.)
Charitable Solicitations
conditions. The application requirements of RCW
19.09.075 do not apply to the following:
(1) Any charitable organization raising less than an
amount as set by rule adopted by the secretary in any
accounting year when all the activities of the organization,
including all fund raising activities, are carried on by persons
who are unpaid for their services and no part of the charitable organization’s assets or income inures to the benefit of
or is paid to any officer or member of the organization;
(2) Any charitable organization located outside of the
state of Washington if the organization files the following
with the secretary:
(a) The registration documents required under the
charitable solicitation laws of the state in which the charitable organization is located;
(b) The registration required under the charitable
solicitation laws of the state of California and the state of
New York; and
(c) Such federal income tax forms as may be required
by rule of the secretary.
All entities soliciting charitable donations shall comply
with the requirements of RCW 19.09.100. [1994 c 287 § 1;
1993 c 471 § 4; 1986 c 230 § 5.]
19.09.079 Commercial fund raisers—Application
for registration—Contents—Fee. An application for
registration as a commercial fund raiser shall be submitted
in the form prescribed by the secretary, containing, but not
limited to, the following:
(1) The name, address, and telephone number of the
commercial fund-raising entity;
(2) The name(s), address(es), and telephone number(s)
of the owner(s) and principal officer(s) of the commercial
fund-raising entity;
(3) The name, address, and telephone number of the
individual responsible for the activities of the commercial
fund-raising entity in Washington;
(4) A list of states and Canadian provinces in which
fund raising has been performed;
(5) The names of the three officers or employees
receiving the greatest amount of compensation from the
commercial fund-raising entity;
(6) The name and address of the entity that prepares,
reviews, or audits the financial statement of the organization;
(7) A solicitation report of the commercial fund-raising
entity for the preceding accounting year, including:
(a) The number and types of fund raising services
conducted;
(b) The names of charitable organizations required to
register under RCW 19.09.065 for whom fund raising
services have been performed;
(c) The total value of contributions received on behalf
of charitable organizations required to register under RCW
19.09.065 by the commercial fund raiser, affiliate of the
commercial fund raiser, or any entity retained by the
commercial fund raiser; and
(d) The amount of money disbursed to charitable
organizations for charitable purposes, net of fund raising
costs paid by the charitable organization as stipulated in any
agreement between charitable organizations and the commercial fund raiser;
(2002 Ed.)
19.09.076
(8) The name, address, and telephone number of any
commercial fund raiser that was retained in the conduct of
providing fund raising services; and
(9) An irrevocable appointment of the secretary to
receive service of process in noncriminal proceedings as
provided in RCW 19.09.305.
The application shall be signed by an officer or owner
of the commercial fund raiser and shall be submitted with a
nonrefundable fee in an amount to be established by rule of
the secretary. If the secretary determines that the application
is complete, the application shall be filed and the applicant
deemed registered. [1993 c 471 § 5; 1986 c 230 § 7; 1983
c 265 § 15.]
19.09.085 Registration—Duration—Change—Notice
to reregister. (1) Registration under this chapter shall be
effective for one year or longer, as established by the
secretary.
(2) Reregistration required under RCW 19.09.075 or
19.09.079 shall be submitted to the secretary no later than
the date established by the secretary by rule.
(3) Entities required to register under this chapter shall
file a notice of change of information within thirty days of
any change in the information contained in RCW 19.09.075
(1) through (6) or 19.09.079 (1) through (6).
(4) The secretary shall notify entities registered under
this chapter of the need to reregister upon the expiration of
their current registration. The notification shall be by mail,
sent at least sixty days prior to the expiration of their current
registration. Failure to register shall not be excused by a
failure of the secretary to mail the notice or by an entity’s
failure to receive the notice. [1993 c 471 § 6; 1986 c 230
§ 8; 1983 c 265 § 8.]
19.09.095 Subsidiary organizations—Requirement
to register—Exemptions. A charitable organization that is
supervised and controlled by a superior or parent organization that is incorporated, qualified to do business, or is doing
business within this state shall not be required to register
under RCW 19.09.065 if the superior or parent organization
files an application, on behalf of its subsidiary, in addition
to or as a part of its own application. If an application has
been filed by a superior or parent organization, on behalf of
the subsidiary organization, the superior or parent organization shall (1) report financial information either separately or in consolidated form for its subsidiary organization(s),
and (2) identify the subsidiary organization(s) on whose
behalf the application is being submitted, indicating which
such organization(s), if any, collected or expended five
thousand dollars or more during their fiscal year. [1986 c
230 § 9; 1983 c 265 § 6.]
19.09.097 Contract with commercial fund raiser—
Limitations—Registration form—Contents—Copy—Fee.
(1) No charitable organization may contract with a commercial fund raiser for any fund raising service or activity unless
its contract requires that both parties comply with the law
and permits officers of the charity reasonable access to: (a)
The fund raisers’ financial records relating to that charitable
organization; and (b) the fund raisers’ operations including
without limitation the right to be present during any tele[Title 19 RCW—page 9]
19.09.097
Title 19 RCW: Business Regulations—Miscellaneous
phone solicitation. In addition, the contract shall specify the
amount of raised funds that the charitable organization will
receive or the method of computing that amount, the amount
of compensation of the commercial fund raiser or the method
of computing that amount, and whether the compensation is
fixed or contingent.
(2) Before a charitable organization may contract with
a commercial fund raiser for any fund raising service or
activity, the charitable organization and commercial fund
raiser shall complete a registration form. The registration
shall be filed by the charitable organization with the secretary, in the form prescribed by the secretary, within five
working days of the execution of the contract containing, but
not limited to the following information:
(a) The name and registration number of the commercial
fund raiser;
(b) The name of the surety or sureties issuing the bond
required by RCW 19.09.190, the aggregate amount of such
bond or bonds, the bond number(s), original effective
date(s), and termination date(s);
(c) The name and registration number of the charitable
organization;
(d) The name of the representative of the commercial
fund raiser who will be responsible for the conduct of the
fund raising;
(e) The type(s) of service(s) to be provided by the
commercial fund raiser;
(f) The dates such service(s) will begin and end;
(g) The terms of the agreement between the charitable
organization and commercial fund raiser relating to:
(i) Amount or percentages of amounts to inure to the
charitable organization;
(ii) Limitations placed on the maximum amount to be
raised by the fund raiser, if the amount to inure to the
charitable organization is not stated as a percentage of the
amount raised;
(iii) Costs of fund raising that will be the responsibility
of the charitable organization, regardless of whether paid as
a direct expense, deducted from the amounts disbursed, or
otherwise; and
(iv) The manner in which contributions received directly
by the charitable organization, not the result of services
provided by the commercial fund raiser, will be identified
and used in computing the fee owed to the commercial fund
raiser; and
(h) The names of any entity to which more than ten
percent of the total anticipated fund raising cost is to be
paid, and whether any principal officer or owner of the
commercial fund raiser or relative by blood or marriage
thereof is an owner or officer of any such entity.
(3) A correct copy of the contract shall be filed with the
secretary before the commencement of any campaign.
(4) The registration form shall be submitted with a
nonrefundable filing fee in an amount to be established by
rule of the secretary and shall be signed by an owner or
principal officer of the commercial fund raiser and the
president, treasurer, or comparable officer of the charitable
organization. [1993 c 471 § 7; 1986 c 230 § 10.]
[Title 19 RCW—page 10]
19.09.100 Conditions applicable to solicitations.
The following conditions apply to solicitations as defined by
RCW 19.09.020:
(1) A charitable organization, whether or not required to
register pursuant to this chapter, that directly solicits contributions from the public in this state shall make the following
clear and conspicuous disclosures at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The identity of the charitable organization and the
city of the principal place of business of the charitable
organization;
(c) If requested by the solicitee, the published number
in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary.
(2) A commercial fund raiser shall clearly and conspicuously disclose at the point of solicitation:
(a) The name of the individual making the solicitation;
(b) The name of the entity for which the fund raiser is
an agent or employee and the name and city of the charitable
organization for which the solicitation is being conducted;
and
(c) If requested by the solicitee, the published number
in the office of the secretary for the donor to obtain additional financial disclosure information on file with the secretary.
The disclosure must be made during an oral solicitation of
a contribution, and at the same time at which a written
request for a contribution is made.
(3) A person or organization soliciting charitable
contributions by telephone shall make the disclosures
required under subsection (1) or (2) of this section in the
course of the solicitation but prior to asking for a commitment for a contribution from the solicitee, and in writing to
any solicitee that makes a pledge within five working days
of making the pledge. If the person or organization sends
any materials to the person or organization solicited before
the receipt of any contribution, those materials shall include
the disclosures required in subsection (1) or (2) of this
section, whichever is applicable.
(4) In the case of a solicitation by advertisement or
mass distribution, including posters, leaflets, automatic
dialing machines, publication, and audio or video broadcasts,
it shall be clearly and conspicuously disclosed in the body of
the solicitation material that:
(a) The solicitation is conducted by a named commercial
fund raiser, if it is;
(b) The notice of solicitation required by the charitable
solicitation act is on file with the secretary’s office; and
(c) The potential donor can obtain additional financial
disclosure information at a published number in the office of
the secretary.
(5) A container or vending machine displaying a
solicitation must also display in a clear and conspicuous
manner the name of the charitable organization for which
funds are solicited, the name, business address, and telephone number of the individual and any commercial fund
raiser responsible for collecting funds placed in the containers or vending machines, and the following statement: "This
charity is currently registered with the secretary’s office
under the charitable solicitation act, registration number
. . . ."
(2002 Ed.)
Charitable Solicitations
(6) A commercial fund raiser shall not represent that
tickets to any fund raising event will be donated for use by
another person unless all the following requirements are met:
(a) The commercial fund raiser prior to conducting a
solicitation has written commitments from persons stating
that they will accept donated tickets and specifying the
number of tickets they will accept;
(b) The written commitments are kept on file by the
commercial fund raiser for three years and are made available to the secretary, attorney general, or county prosecutor
on demand;
(c) The contributions solicited for donated tickets may
not be more than the amount representing the number of
ticket commitments received from persons and kept on file
under (a) of this subsection; and
(d) Not later than seven calendar days prior to the date
of the event for which ticket donations are solicited, the
commercial fund raiser shall give all donated tickets to the
persons who made the written commitments to accept them.
(7) Each person or organization soliciting charitable
contributions shall not represent orally or in writing that:
(a) The charitable contribution is tax deductible unless
the charitable organization for which charitable contributions
are being solicited or to which tickets for fund raising events
or other services or goods will be donated, has applied for
and received from the internal revenue service a letter of
determination granting tax deductible status to the charitable
organization;
(b) The person soliciting the charitable contribution is
a volunteer or words of similar meaning or effect that create
the impression that the person soliciting is not a paid
solicitor unless such person is unpaid for his or her services;
(c) The person soliciting the charitable contribution is a
member, staffer, helper, or employee of the charitable
organization or words of similar meaning or effect that
create the impression that the person soliciting is not a paid
solicitor if the person soliciting is employed, contracted, or
paid by a commercial fund raiser.
(8) If the charitable organization is associated with, or
has a name that is similar to, any unit of government each
person or organization soliciting contributions shall disclose
to each person solicited whether the charitable organization
is or is not part of any unit of government and the true
nature of its relationship to the unit of government. This
subsection does not apply to a foundation or other charitable
organization that is organized, operated, or controlled by or
in connection with a registered public charity, including any
governmental agency or unit, from which it derives its name.
(9) No person may, in conducting any solicitation, use
the name "police," "sheriff," "fire fighter," "firemen," or a
similar name unless properly authorized by a bona fide
police, sheriff, or fire fighter organization or police, sheriff,
or fire department. A proper authorization shall be in
writing and signed by two authorized officials of the
organization or department and shall be filed with the
secretary.
(10) A person may not, in conducting any solicitation,
use the name of a federally chartered or nationally recognized military veterans’ service organization as determined
by the United States veterans’ administration unless authorized in writing by the highest ranking official of that organization in this state.
(2002 Ed.)
19.09.100
(11) A charitable organization shall comply with all
local governmental regulations that apply to soliciting for or
on behalf of charitable organizations.
(12) The advertising material and the general promotional plan for a solicitation shall not be false, misleading, or
deceptive, and shall afford full and fair disclosure.
(13) Solicitations shall not be conducted by a charitable
organization or commercial fund raiser that has, or if a
corporation, its officers, directors, or principals have, been
convicted of a crime involving solicitations for or on behalf
of a charitable organization in this state, the United States,
or any other state or foreign country within the past ten
years or has been subject to any permanent injunction or
administrative order or judgment under RCW 19.86.080 or
19.86.090, involving a violation or violations of RCW
19.86.020, within the past ten years, or of restraining a false
or misleading promotional plan involving solicitations for
charitable organizations.
(14) No charitable organization or commercial fund
raiser subject to this chapter may use or exploit the fact of
registration under this chapter so as to lead the public to
believe that registration constitutes an endorsement or
approval by the state, but the use of the following is not
deemed prohibited: "Currently registered with the Washington state secretary of state as required by law. Registration
number . . . ."
(15) No entity may engage in any solicitation for
contributions for or on behalf of any charitable organization
or commercial fund raiser unless the charitable organization
or commercial fund raiser is currently registered with the
secretary.
(16) No entity may engage in any solicitation for
contributions unless it complies with all provisions of this
chapter.
(17)(a) No entity may place a telephone call for the
purpose of charitable solicitation that will be received by the
solicitee before eight o’clock a.m. or after nine o’clock p.m.
(b) No entity may, while placing a telephone call for the
purpose of charitable solicitation, engage in any conduct the
natural consequence of which is to harass, intimidate, or
torment any person in connection with the telephone call.
(18) Failure to comply with subsections (1) through (17)
of this section is a violation of this chapter. [1994 c 287 §
2; 1993 c 471 § 9; 1986 c 230 § 11; 1983 c 265 § 9; 1982
c 227 § 7; 1977 ex.s. c 222 § 6; 1974 ex.s. c 106 § 3; 1973
1st ex.s. c 13 § 10.]
Effective date—1982 c 227: "Sections 5 and 6 of this act shall take
effect June 30, 1983. The remaining sections of this act are necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect March 1, 1982." [1982 c 227 § 25.]
Reviser’s note: Substitute House Bill No. 778 (1982 c 227), was
signed by the governor April 3, 1982.
19.09.190 Commercial fund raisers—Surety bond.
Every commercial fund raiser who (1) directly or indirectly
receives contributions from the public on behalf of any
charitable organization; or (2) is compensated based upon
funds raised or to be raised, number of solicitations made or
to be made, or any other similar method; or (3) incurs or is
authorized to incur expenses on behalf of the charitable
organization; or (4) has not been registered with the secre[Title 19 RCW—page 11]
19.09.190
Title 19 RCW: Business Regulations—Miscellaneous
tary as a commercial fund raiser for the preceding accounting year shall execute a surety bond as principal with one or
more sureties whose liability in the aggregate as such
sureties will equal at least fifteen thousand dollars. The
secretary may, by rule, provide for the reduction and
reinstatement of the bond required by this section.
The issuer of the surety bond shall be licensed to do
business in this state, and shall promptly notify the secretary
when claims or payments are made against the bond or when
the bond is canceled. The bond shall be filed with the secretary in the form prescribed by the secretary. The bond shall
run to the state and to any person who may have a cause of
action against the obligor of said bond for any malfeasance,
misfeasance, or deceptive practice in the conduct of such
solicitation. [1993 c 471 § 10; 1986 c 230 § 16; 1983 c 265
§ 16; 1982 c 227 § 8; 1977 ex.s. c 222 § 9; 1973 1st ex.s.
c 13 § 19.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.200 Books, records, and contracts. (1)
Charitable organizations and commercial fund raisers shall
maintain accurate, current, and readily available books and
records at their usual business locations until at least three
years have elapsed following the effective period to which
they relate.
(2) All contracts between commercial fund raisers and
charitable organizations shall be in writing, and true and
correct copies of such contracts or records thereof shall be
kept on file in the various offices of the charitable organization and the commercial fund raiser for a three-year period.
Such records and contracts shall be available for inspection
and examination by the attorney general or by the county
prosecuting attorney. A copy of such contract or record
shall be submitted by the charitable organization or commercial fund raiser, within ten days, following receipt of a written demand therefor from the attorney general or county
prosecutor. [1993 c 471 § 11; 1986 c 230 § 12; 1982 c 227
§ 9; 1973 1st ex.s. c 13 § 20.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.210 Financial statements. Upon the request of
the attorney general or the county prosecutor, a charitable
organization or commercial fund raiser shall submit a
financial statement containing, but not limited to, the
following information:
(1) The gross amount of the contributions pledged and
the gross amount collected.
(2) The amount thereof, given or to be given to charitable purposes represented together with details as to the
manner of distribution as may be required.
(3) The aggregate amount paid and to be paid for the
expenses of such solicitation.
(4) The amounts paid to and to be paid to commercial
fund raisers or charitable organizations.
(5) Copies of any annual or periodic reports furnished
by the charitable organization, of its activities during or for
the same fiscal period, to its parent organization, subsidiaries, or affiliates, if any. [1993 c 471 § 12; 1986 c 230 § 13;
1983 c 265 § 10; 1982 c 227 § 10; 1977 ex.s. c 222 § 10;
1975 1st ex.s. c 219 § 1; 1973 1st ex.s. c 13 § 21.]
Effective date—1982 c 227: See note following RCW 19.09.100.
[Title 19 RCW—page 12]
19.09.230 Using the name, symbol, or emblem of
another entity—Filing. No charitable organization, commercial fund raiser, or other entity may knowingly use the
identical or deceptively similar name, symbol, or emblem of
any other entity for the purpose of soliciting contributions
from persons in this state without the written consent of such
other entity. If the official name or the "doing business
name" being registered is the same or deceptively similar as
that of another entity, the secretary may request that a copy
of the written consent from that entity be filed with the registration. Such consent may be deemed to have been given
by anyone who is a director, trustee, or other authorized
officer of that entity. A copy of the written consent must be
kept on file by the charitable organization or commercial
fund raiser and made available to the secretary, attorney
general, or county prosecutor upon demand.
A person may be deemed to have used the name of
another person for the purpose of soliciting contributions if
such latter person’s name is listed on any stationery, advertisement, brochure, or correspondence of the charitable
organization or person or if such name is listed or represented to any one who has contributed to, sponsored, or endorsed the charitable organization or person, or its or his
activities.
The secretary may revoke or deny any application for
registration that violates this section. [1994 c 287 § 3; 1993
c 471 § 13; 1986 c 230 § 14; 1982 c 227 § 11; 1973 1st
ex.s. c 13 § 23.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.240 Using similar name, symbol, emblem, or
statement. No charitable organization, commercial fund
raiser, or other person soliciting contributions for or on
behalf of a charitable organization may use a name, symbol,
emblem, or statement so closely related or similar to that
used by another charitable organization or governmental
agency that the use thereof would tend to confuse or mislead
the public. The secretary may revoke or deny any application for registration that violates this section.
This section does not apply to a foundation or other
charitable organization that is organized, operated, or
controlled by or in connection with a registered public
charity, including any governmental agency or unit, from
which it derives its name. [1993 c 471 § 14; 1986 c 230 §
15; 1973 1st ex.s. c 13 § 24.]
19.09.271 Failure to register—Late filing fee—
Notice to attorney general. (1) Any charitable organization
or commercial fund raiser who, after notification by the
secretary, fails to properly register under this chapter by the
end of the first business day following the issuance of the
notice, is liable for a late filing fee in an amount to be
established by rule of the secretary. The late filing fee is in
addition to any other filing fee provided by this chapter.
(2) The secretary shall notify the attorney general of any
entity liable for late filing fees under subsection (1) of this
section. [1993 c 471 § 8; 1986 c 230 § 17.]
19.09.275 Violations—Penalties. Any person who
knowingly violates any provision of this chapter or who
knowingly gives false or incorrect information to the
(2002 Ed.)
Charitable Solicitations
secretary, attorney general, or county prosecuting attorney in
filing statements required by this chapter, whether or not
such statement or report is verified is guilty of a gross
misdemeanor punishable under chapter 9A.20 RCW.
Any person who violates any provisions of this chapter
or who gives false or incorrect information to the secretary,
attorney general, or county prosecuting attorney in filing
statements required by this chapter, whether or not such
statement or report is verified, is guilty of a misdemeanor
punishable under chapter 9A.20 RCW. [1993 c 471 § 15;
1986 c 230 § 18; 1983 c 265 § 11; 1982 c 227 § 12; 1977
ex.s. c 222 § 14.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.276 Waiver of rule-set penalties—Notice by
organization seeking relief—Investigation. The secretary
may waive penalties that have been set by rule and assessed
by the secretary due from a registered charitable organization
previously in good standing that would otherwise be penalized. A charitable organization desiring to seek relief under
this section must, within fifteen days of discovery by its
corporate officials, director, or other authorized officer of the
missed filing or lapse, notify the secretary in writing. The
notification must include the name and mailing address of
the organization, the organization’s officer to whom correspondence should be sent, and a statement under oath by a
responsible officer of the organization, setting forth the
nature of the missed filing or lapse, the circumstances giving
rise to the missed filing or lapse, and the relief sought.
Upon receipt of the notice, the secretary shall investigate the
circumstances of the missed filing or lapse. If the secretary
is satisfied that sufficient exigent or mitigating circumstances
exist, that the organization has demonstrated good faith and
a reasonable attempt to comply with the applicable corporate
statutes of this state, the secretary may issue an order
allowing relief from the penalty. If the secretary determines
the request does not comply with the requirements for relief,
the secretary shall deny the relief and state the reasons for
the denial. Notwithstanding chapter 34.05 RCW, a denial of
relief by the secretary is not reviewable. [1994 c 287 § 4.]
19.09.277 Violations—Attorney general—Cease and
desist order—Temporary order. If it appears to the attorney general that a person has engaged or is about to engage
in an act or practice constituting a violation of a provision of
this chapter or a rule adopted or order issued under this
chapter, the attorney general may, in the attorney general’s
discretion, issue an order directing the person to cease and
desist from continuing the act or practice. Reasonable notice
of and opportunity for a hearing shall be given. The
attorney general may issue a temporary order pending the
hearing, which shall remain in effect until ten days after the
hearing is held and which shall become final if the person to
whom the notice is addressed does not request a hearing
within fifteen days after the receipt of the notice. [1993 c
471 § 20.]
19.09.279 Violations—Secretary of state—Penalty—
Hearing—Recovery in superior court. (1) The secretary
may assess against any person or organization who violates
this chapter, or any rule adopted under this chapter, a civil
(2002 Ed.)
19.09.275
penalty of not more than one thousand dollars for each
violation.
(2) Such person or organization shall be afforded the
opportunity for a hearing, upon request made to the secretary
within thirty days after the date of issuance of the notice of
assessment. The hearing shall be conducted in accordance
with chapter 34.05 RCW.
(3) If any person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the state, the attorney
general may recover the amount assessed by action in the
appropriate superior court. In such action, the validity and
appropriateness of the final order imposing the penalty shall
not be subject to review. [2002 c 74 § 3; 1993 c 471 § 21.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
19.09.305 Service on secretary when registrant not
found—Procedure—Fee—Costs. When a person or an
organization registered under this chapter, or its president,
treasurer, or comparable officers, cannot be found after
reasonably diligent effort, the secretary of state shall be an
agent of such person or organization upon whom process
may be served. Service on the secretary shall be made by
delivering to the secretary or the secretary’s designee
duplicate copies of such process, and a filing fee to be
established by rule of the secretary. Thereupon, the secretary shall immediately cause one of the copies thereof to be
forwarded to the registrant at the most current address shown
in the secretary’s files. Any service so had on the secretary
shall be returnable in not less than thirty days.
Any fee under this section shall be taxable as costs in
the action.
The secretary shall maintain a record of all process
served on the secretary under this section, and shall record
the date of service and the secretary’s action with reference
thereto.
Nothing in this section limits or affects the right to
serve process required or permitted to be served on a
registrant in any other manner now or hereafter permitted by
law. [1993 c 471 § 16; 1983 c 265 § 7.]
19.09.315 Forms and procedures—Filing of financial statement—Publications—Fee. (1) The secretary may
establish, by rule, standard forms and procedures for the
efficient administration of this chapter.
(2) The secretary may provide by rule for the filing of
a financial statement by registered entities.
(3) The secretary may issue such publications, reports,
or information from the records as may be useful to the
solicited public and charitable organizations. To defray the
costs of any such publication, the secretary is authorized to
charge a reasonable fee to cover the costs of preparing,
printing, and distributing such publications. [1993 c 471 §
17; 1983 c 265 § 17.]
19.09.340 Violations deemed unfair practice under
chapter 19.86 RCW—Application of chapter 9.04
RCW—Procedure. (1) The commission by any person of
an act or practice prohibited by this chapter is hereby
declared to be an unfair act or practice or unfair method of
competition in the conduct of trade or commerce for the
[Title 19 RCW—page 13]
19.09.340
Title 19 RCW: Business Regulations—Miscellaneous
purpose of application of the Consumer Protection Act,
chapter 19.86 RCW.
(2) The secretary may refer such evidence, as may be
available, concerning violations of this chapter to the
attorney general or the prosecuting attorney of the county
wherein the alleged violation arose. In addition to any other
action they might commence, the attorney general or the
county prosecuting attorney may bring an action in the name
of the state, with or without such reference, against any
person to restrain and prevent the doing of any act or
practice prohibited by this chapter: PROVIDED, That this
chapter shall be considered in conjunction with chapters 9.04
and 19.86 RCW, as now or hereafter amended, and the
powers and duties of the attorney general and the prosecuting attorney as they may appear in the aforementioned
chapters, shall apply against all persons subject to this
chapter. [1983 c 265 § 12; 1982 c 227 § 13; 1973 1st ex.s.
c 13 § 34.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.09.355 Moneys to be transmitted to general
fund. All fees and other moneys received by the secretary
of state under this chapter shall be transmitted to the state
treasurer for deposit in the state general fund. [1983 c 265
§ 18.]
19.09.400 Attorney general—Investigations—
Publication of information. The attorney general, in the
attorney general’s discretion, may:
(1) Annually, or more frequently, make such public or
private investigations within or without this state as the
attorney general deems necessary to determine whether any
registration should be granted, denied, revoked, or suspended, or whether any person has violated or is about to violate
a provision of this chapter or any rule adopted or order
issued under this chapter, or to aid in the enforcement of this
chapter or in the prescribing of rules and forms under this
chapter; and
(2) Publish information concerning a violation of this
chapter or a rule adopted or order issued under this chapter.
[1993 c 471 § 18.]
19.09.410 Attorney general—Investigations—
Powers—Superior court may compel. For the purpose of
any investigation or proceeding under this chapter, the
attorney general or any officer designated by the attorney
general may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records
which the attorney general deems relevant or material to the
inquiry.
In case of willful failure on the part of a person to
comply with a subpoena lawfully issued by the attorney
general or on the refusal of a witness to testify to matters
regarding which the witness may be lawfully interrogated,
the superior court of a county, on application of the attorney
general and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt,
as in the case of disobedience of a subpoena issued from the
court or a refusal to testify therein. [1993 c 471 § 19.]
[Title 19 RCW—page 14]
19.09.420 Copies of information for attorney
general. The secretary shall provide the attorney general
with copies of or direct electronic access to all registrations,
reports, or other information filed under this chapter. [1993
c 471 § 23.]
19.09.430 Administrative procedure act to govern
administration. The administrative procedure act, chapter
34.05 RCW, shall wherever applicable govern the rights,
remedies, and procedures respecting the administration of
this chapter. [1993 c 471 § 22.]
19.09.440 Annual report by secretary of state. (1)
Annually, the secretary of state shall publish a report
indicating:
(a) For each charitable organization registered under
RCW 19.09.065 the percentage relationship between (i) the
total amount of money applied to charitable purposes; and
(ii) the dollar value of support received from solicitations
and received from all other sources on behalf of the charitable purpose of the organization;
(b) For each commercial fund raiser registered under
RCW 19.09.065 the percentage relationship between (i) the
amount of money disbursed to charitable organizations for
charitable purposes; and (ii) the total value of contributions
received on behalf of charitable organizations by the commercial fund raiser; and
(c) Such other information as the secretary of state
deems appropriate.
(2) The secretary of state may use the latest information
obtained pursuant to RCW 19.09.075 or otherwise under
chapter 19.09 RCW to prepare the report. [1993 c 471 §
42.]
19.09.910 Severability—1973 1st ex.s. c 13. The
provisions of this chapter are severable, and if any part or
provision hereof shall be void, the decision of the court so
holding shall not affect or impair any of the remaining parts
or provisions of this chapter. [1973 1st ex.s. c 13 § 38.]
19.09.911 Severability—1983 c 265. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 265 § 20.]
19.09.912 Effective date—1983 c 265. With the
exception of section 19 of this act, this act shall take effect
January 1, 1984. [1983 c 265 § 21.]
Reviser’s note: "Section 19 of this act" is an uncodified appropriation section.
19.09.913 Effective date—1986 c 230. This act shall
take effect on January 1, 1987. [1986 c 230 § 21.]
19.09.914 Severability—1993 c 471. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 471 § 43.]
(2002 Ed.)
Charitable Solicitations
19.09.915 Effective date—1993 c 471. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 471 § 44.]
Chapter 19.16
COLLECTION AGENCIES
Sections
19.16.100
19.16.110
19.16.120
19.16.130
19.16.140
19.16.150
19.16.160
19.16.170
19.16.180
19.16.190
19.16.200
19.16.210
19.16.220
19.16.230
19.16.240
19.16.245
19.16.250
19.16.260
19.16.270
19.16.280
19.16.290
19.16.300
19.16.310
19.16.320
19.16.330
19.16.340
19.16.351
19.16.360
19.16.380
19.16.390
19.16.400
19.16.410
19.16.420
19.16.430
19.16.440
19.16.450
19.16.460
19.16.470
19.16.480
19.16.500
19.16.510
19.16.900
19.16.910
19.16.920
19.16.930
19.16.940
19.16.950
Definitions.
License required.
Denial, revocation, suspension of, or refusal to renew, license—Civil penalty—Grounds.
License—Application—Form—Contents.
License—Application—Fees—Exemptions.
Branch office certificate required.
License and branch office certificate—Form—Contents—
Display.
Procedure upon change of name or business location.
Assignability of license or branch office certificate.
Surety bond requirements—Cash deposit or securities—
Exception.
Action on bond, cash deposit or securities.
Accounting and payments by licensee to customer.
Accounting and payments by customer to licensee.
Licensee—Business office—Records to be kept.
Licensee—Trust fund account—Exception.
Financial statement.
Prohibited practices.
Licensing prerequisite to suit.
Presumption of validity of assignment.
Board created—Composition of board—Qualification of
members.
Board—Initial members—Terms—Oath—Removal.
Board meetings—Quorum—Effect of vacancy.
Board—Compensation—Reimbursement of travel expenses.
Board—Territorial scope of operations.
Board—Immunity from suit.
Board—Records.
Additional powers and duties of board.
Licenses—Denial, suspension, revocation or refusal to renew—Civil penalty—Hearing.
Administrative procedure act—Application.
Personal service of process outside state.
Investigations or proceedings—Powers of director or
designees—Contempt.
Rules, orders, decisions, etc.
Copy of this chapter, rules and regulations available to licensee.
Violations—Operating agency without a license—Penalty—
Return of fees or compensation.
Violations of RCW 19.16.110 and 19.16.250 are unfair and
deceptive trade practices under chapter 19.86 RCW.
Violation of RCW 19.16.250—Additional penalty.
Violations may be enjoined.
Violations—Assurance of discontinuance—Effect.
Violation of injunction—Civil penalty.
Public bodies may retain collection agencies to collect public debts—Fees.
Uniform regulation of business and professions act.
Provisions cumulative—Violation of RCW 19.16.250
deemed civil.
Severability—1971 ex.s. c 253.
Provisions exclusive—Authority of political subdivisions to
levy business and occupation taxes not affected.
Effective date—1971 ex.s. c 253.
Short title.
Section headings.
19.16.100 Definitions. Unless a different meaning is
plainly required by the context, the following words and
(2002 Ed.)
19.09.915
phrases as hereinafter used in this chapter shall have the
following meanings:
(1) "Person" includes individual, firm, partnership, trust,
joint venture, association, or corporation.
(2) "Collection agency" means and includes:
(a) Any person directly or indirectly engaged in soliciting claims for collection, or collecting or attempting to
collect claims owed or due or asserted to be owed or due
another person;
(b) Any person who directly or indirectly furnishes or
attempts to furnish, sells, or offers to sell forms represented
to be a collection system or scheme intended or calculated
to be used to collect claims even though the forms direct the
debtor to make payment to the creditor and even though the
forms may be or are actually used by the creditor himself or
herself in his or her own name;
(c) Any person who in attempting to collect or in
collecting his or her own claim uses a fictitious name or any
name other than his or her own which would indicate to the
debtor that a third person is collecting or attempting to
collect such claim.
(3) "Collection agency" does not mean and does not
include:
(a) Any individual engaged in soliciting claims for
collection, or collecting or attempting to collect claims on
behalf of a licensee under this chapter, if said individual is
an employee of the licensee;
(b) Any individual collecting or attempting to collect
claims for not more than one employer, if all the collection
efforts are carried on in the name of the employer and if the
individual is an employee of the employer;
(c) Any person whose collection activities are carried on
in his, her, or its true name and are confined and are directly
related to the operation of a business other than that of a
collection agency, such as but not limited to trust companies,
savings and loan associations, building and loan associations,
abstract companies doing an escrow business, real estate
brokers, public officers acting in their official capacities,
persons acting under court order, lawyers, insurance companies, credit unions, loan or finance companies, mortgage
banks, and banks;
(d) Any person who on behalf of another person
prepares or mails monthly or periodic statements of accounts
due if all payments are made to that other person and no
other collection efforts are made by the person preparing the
statements of account;
(e) An "out-of-state collection agency" as defined in this
chapter; or
(f) Any person while acting as a debt collector for
another person, both of whom are related by common
ownership or affiliated by corporate control, if the person
acting as a debt collector does so only for persons to whom
it is so related or affiliated and if the principal business of
the person is not the collection of debts.
(4) "Out-of-state collection agency" means a person
whose activities within this state are limited to collecting
debts from debtors located in this state by means of interstate communications, including telephone, mail, or facsimile
transmission, from the person’s location in another state on
behalf of clients located outside of this state, but does not
include any person who is excluded from the definition of
[Title 19 RCW—page 15]
19.16.100
Title 19 RCW: Business Regulations—Miscellaneous
the term "debt collector" under the federal fair debt collection practices act (15 U.S.C. Sec. 1692a(6)).
(5) "Claim" means any obligation for the payment of
money or thing of value arising out of any agreement or
contract, express or implied.
(6) "Statement of account" means a report setting forth
only amounts billed, invoices, credits allowed, or aged
balance due.
(7) "Director" means the director of licensing.
(8) "Client" or "customer" means any person authorizing
or employing a collection agency to collect a claim.
(9) "Licensee" means any person licensed under this
chapter.
(10) "Board" means the Washington state collection
agency board.
(11) "Debtor" means any person owing or alleged to
owe a claim.
(12) "Commercial claim" means any obligation for
payment of money or thing of value arising out of any
agreement or contract, express or implied, where the transaction which is the subject of the agreement or contract is not
primarily for personal, family, or household purposes. [2001
c 47 § 1; 2001 c 43 § 1; 1994 c 195 § 1; 1990 c 190 § 1;
1979 c 158 § 81; 1971 ex.s. c 253 § 1.]
Reviser’s note: This section was amended by 2001 c 43 § 1 and by
2001 c 47 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
19.16.110 License required. No person shall act,
assume to act, or advertise as a collection agency or out-ofstate collection agency as defined in this chapter, except as
authorized by this chapter, without first having applied for
and obtained a license from the director.
Nothing contained in this section shall be construed to
require a regular employee of a collection agency or out-ofstate collection agency duly licensed under this chapter to
procure a collection agency license. [1994 c 195 § 2; 1971
ex.s. c 253 § 2.]
19.16.120 Denial, revocation, suspension of, or
refusal to renew, license—Civil penalty—Grounds.
(Effective until January 1, 2003.) In addition to other
provisions of this chapter, any license issued pursuant to this
chapter or any application therefor may be denied, not
renewed, revoked, or suspended, or in lieu of or in addition
to suspension a licensee may be assessed a civil, monetary
penalty in an amount not to exceed one thousand dollars:
(1) If an individual applicant or licensee is less than
eighteen years of age or is not a resident of this state.
(2) If an applicant or licensee is not authorized to do
business in this state.
(3) If the application or renewal forms required by this
chapter are incomplete, fees required under RCW 19.16.140
and 19.16.150, if applicable, have not been paid, and the
surety bond or cash deposit or other negotiable security
acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.
(4) If any individual applicant, owner, officer, director,
or managing employee of a nonindividual applicant or
licensee:
[Title 19 RCW—page 16]
(a) Shall have knowingly made a false statement of a
material fact in any application for a collection agency
license or an out-of-state collection agency license or
renewal thereof, or in any data attached thereto and two
years have not elapsed since the date of such statement;
(b) Shall have had a license to engage in the business of
a collection agency or out-of-state collection agency denied,
not renewed, suspended, or revoked by this state, any other
state, or foreign country, for any reason other than the
nonpayment of licensing fees or failure to meet bonding
requirements: PROVIDED, That the terms of this subsection
shall not apply if:
(i) Two years have elapsed since the time of any such
denial, nonrenewal, or revocation; or
(ii) The terms of any such suspension have been
fulfilled;
(c) Has been convicted in any court of any felony
involving forgery, embezzlement, obtaining money under
false pretenses, larceny, extortion, or conspiracy to defraud
and is incarcerated for that offense or five years have not
elapsed since the date of such conviction;
(d) Has had any judgment entered against him in any
civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date
of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the
judgment debt has been discharged;
(e) Has had his license to practice law suspended or
revoked and two years have not elapsed since the date of
such suspension or revocation, unless he has been relicensed
to practice law in this state;
(f) Has had any judgment entered against him or it
under the provisions of RCW 19.86.080 or 19.86.090
involving a violation or violations of RCW 19.86.020 and
two years have not elapsed since the entry of the final
judgment: PROVIDED, That in no event shall a license be
issued unless the terms of such judgment, if any, have been
fully complied with: PROVIDED FURTHER, That said
judgment shall not be grounds for denial, suspension,
nonrenewal, or revocation of a license unless the judgment
arises out of and is based on acts of the applicant, owner,
officer, director, managing employee, or licensee while
acting for or as a collection agency or an out-of-state
collection agency;
(g) Has petitioned for bankruptcy, and two years have
not elapsed since the filing of said petition;
(h) Shall be insolvent in the sense that his or its
liabilities exceed his or its assets or in the sense that he or
it cannot meet his or its obligations as they mature;
(i) Has failed to pay any civil, monetary penalty
assessed in accordance with RCW 19.16.351 or 19.16.360
within ten days after the assessment becomes final;
(j) Has knowingly failed to comply with, or violated any
provisions of this chapter or any rule or regulation issued
pursuant to this chapter, and two years have not elapsed
since the occurrence of said noncompliance or violation; or
(k) Has been found by a court of competent jurisdiction
to have violated the federal fair debt collection practices act,
15 U.S.C. Sec. 1692 et seq., or the Washington state
consumer protection act, chapter 19.86 RCW, and two years
have not elapsed since that finding.
(2002 Ed.)
Collection Agencies
Except as otherwise provided in this section, any person
who is engaged in the collection agency business as of
January 1, 1972 shall, upon filing the application, paying the
fees, and filing the surety bond or cash deposit or other
negotiable security in lieu of bond required by this chapter,
be issued a license under this chapter.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 847; 1994 c 195 § 3; 1977 ex.s. c 194 § 1; 1973 1st ex.s.
c 20 § 1; 1971 ex.s. c 253 § 3.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.16.120 Unprofessional conduct—Support order,
noncompliance. (Effective January 1, 2003.) In addition
to other provisions of this chapter, and the unprofessional
conduct described in RCW 18.235.130, the following
conduct, acts, or conditions constitute unprofessional
conduct:
(1) If an individual applicant or licensee is less than
eighteen years of age or is not a resident of this state.
(2) If an applicant or licensee is not authorized to do
business in this state.
(3) If the application or renewal forms required by this
chapter are incomplete, fees required under RCW 19.16.140
and 19.16.150, if applicable, have not been paid, and the
surety bond or cash deposit or other negotiable security
acceptable to the director required by RCW 19.16.190, if applicable, has not been filed or renewed or is canceled.
(4) If any individual applicant, owner, officer, director,
or managing employee of a nonindividual applicant or
licensee:
(a) Has had any judgment entered against him or her in
any civil action involving forgery, embezzlement, obtaining
money under false pretenses, larceny, extortion, or conspiracy to defraud and five years have not elapsed since the date
of the entry of the final judgment in said action: PROVIDED, That in no event shall a license be issued unless the
judgment debt has been discharged;
(b) Has had his or her license to practice law suspended
or revoked and two years have not elapsed since the date of
such suspension or revocation, unless he or she has been
relicensed to practice law in this state;
(c) Has had any judgment entered against such a person
under the provisions of RCW 19.86.080 or 19.86.090
(2002 Ed.)
19.16.120
involving a violation or violations of RCW 19.86.020 and
two years have not elapsed since the entry of the final
judgment: PROVIDED, That in no event shall a license be
issued unless the terms of such judgment, if any, have been
fully complied with: PROVIDED FURTHER, That said
judgment shall not be grounds for denial, suspension,
nonrenewal, or revocation of a license unless the judgment
arises out of and is based on acts of the applicant, owner,
officer, director, managing employee, or licensee while
acting for or as a collection agency or an out-of-state
collection agency;
(d) Has petitioned for bankruptcy, and two years have
not elapsed since the filing of the petition;
(e) Is insolvent in the sense that the person’s liabilities
exceed the person’s assets or in the sense that the person
cannot meet obligations as they mature;
(f) Has failed to pay any civil, monetary penalty
assessed in accordance with RCW 19.16.351 within ten days
after the assessment becomes final;
(g) Has failed to comply with, or violated any provisions of this chapter or any rule or regulation issued pursuant
to this chapter, and two years have not elapsed since the
occurrence of said noncompliance or violation; or
(h) Has been found by a court of competent jurisdiction
to have violated the federal fair debt collection practices act,
15 U.S.C. Sec. 1692 et seq., or the Washington state
consumer protection act, chapter 19.86 RCW, and two years
have not elapsed since that finding.
Except as otherwise provided in this section, any person
who is engaged in the collection agency business as of
January 1, 1972, shall, upon filing the application, paying the
fees, and filing the surety bond or cash deposit or other
negotiable security in lieu of bond required by this chapter,
be issued a license under this chapter.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 86 § 266; 1997 c 58 §
847; 1994 c 195 § 3; 1977 ex.s. c 194 § 1; 1973 1st ex.s. c
20 § 1; 1971 ex.s. c 253 § 3.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.16.130 License—Application—Form—Contents.
Every application for a license shall be in writing, under
oath, and in the form prescribed by the director.
Every application shall contain such relevant information
as the director may require.
[Title 19 RCW—page 17]
19.16.130
Title 19 RCW: Business Regulations—Miscellaneous
The applicant shall furnish the director with such
evidence as the director may reasonably require to establish
that the requirements and qualifications for a licensee have
been fulfilled by the applicant.
Every application for a license shall state, among other
things that may be required, the name of the applicant with
the name under which the applicant will do business and the
location by street and number, city and state of each office
of the business for which the license is sought.
No license shall be issued in any fictitious name which
may be confused with or which is similar to any federal,
state, county, or municipal governmental function or agency
or in any name which may tend to describe any business
function or enterprise not actually engaged in by the applicant or in any name which is the same as or so similar to
that of any existing licensee as would tend to deceive the
public or in any name which would otherwise tend to be
deceptive or misleading. The foregoing shall not necessarily
preclude the use of a name which may be followed by a
geographically descriptive title which would distinguish it
from a similar name licensed but operating in a different
geographical area. [1971 ex.s. c 253 § 4.]
19.16.140 License—Application—Fees—
Exemptions. Each applicant when submitting his application shall pay a licensing fee and an investigation fee
determined by the director as provided in RCW 43.24.086.
The licensing fee for an out-of-state collection agency shall
not exceed fifty percent of the licensing fee for a collection
agency. An out-of-state collection agency is exempt from
the licensing fee if the agency is licensed or registered in a
state that does not require payment of an initial fee by any
person who collects debts in the state only by means of
interstate communications from the person’s location in
another state. If a license is not issued in response to the
application, the license fee shall be returned to the applicant.
An annual license fee determined by the director as
provided in RCW 43.24.086 shall be paid to the director on
or before January first of each year. The annual license fee
for an out-of-state collection agency shall not exceed fifty
percent of the annual license fee for a collection agency. An
out-of-state collection agency is exempt from the annual
license fee if the agency is licensed or registered in a state
that does not require payment of an annual fee by any
person who collects debts in the state only by means of
interstate communications from the person’s location in
another state. If the annual license fee is not paid on or
before January first, the licensee shall be assessed a penalty
for late payment in an amount determined by the director as
provided in RCW 43.24.086. If the fee and penalty are not
paid by January thirty-first, it will be necessary for the
licensee to submit a new application for a license: PROVIDED, That no license shall be issued upon such new application unless and until all fees and penalties previously
accrued under this section have been paid.
Any license or branch office certificate issued under the
provisions of this chapter shall expire on December thirtyfirst following the issuance thereof. [1994 c 195 § 4; 1985
c 7 § 81; 1975 1st ex.s. c 30 § 90; 1971 ex.s. c 253 § 5.]
[Title 19 RCW—page 18]
19.16.150 Branch office certificate required. If a
licensee maintains a branch office, he or it shall not operate
a collection agency business in such branch office until he
or it has secured a branch office certificate therefor from the
director. A licensee, so long as his or its license is in full
force and effect and in good standing, shall be entitled to
branch office certificates for any branch office operated by
such licensee upon payment of the fee therefor provided in
this chapter.
Each licensee when applying for a branch office
certificate shall pay a fee determined by the director as
provided in RCW 43.24.086. An annual fee determined by
the director as provided in RCW 43.24.086 for a branch office certificate shall be paid to the director on or before
January first of each year. If the annual fee is not paid on
or before January first, a penalty for late payment in an
amount determined by the director as provided in RCW
43.24.086 shall be assessed. If the fee and the penalty are
not paid by January thirty-first, it will be necessary for the
licensee to apply for a new branch office certificate:
PROVIDED, That no such new branch office certificate shall
be issued unless and until all fees and penalties previously
accrued under this section have been paid. [1985 c 7 § 82;
1975 1st ex.s. c 30 § 91; 1971 ex.s. c 253 § 6.]
19.16.160 License and branch office certificate—
Form—Contents—Display. Each license and branch office
certificate, when issued, shall be in the form and size prescribed by the director and shall state in addition to any
other matter required by the director:
(1) The name of the licensee;
(2) The name under which the licensee will do business;
(3) The address at which the collection agency business
is to be conducted; and
(4) The number and expiration date of the license or
branch office certificate.
A licensee shall display his or its license in a conspicuous place in his or its principal place of business and, if he
or it conducts a branch office, the branch office certificate
shall be conspicuously displayed in the branch office.
Concurrently with or prior to engaging in any activity
as a collection agency, as defined in this chapter, any person
shall furnish to his or its client or customer the number
indicated on the collection agency license issued to him
pursuant to this section. [1973 1st ex.s. c 20 § 2; 1971 ex.s.
c 253 § 7.]
19.16.170 Procedure upon change of name or
business location. Whenever a licensee shall contemplate
a change of his or its trade name or a change in the location
of his or its principal place of business or branch office, he
or it shall give written notice of such proposed change to the
director. The director shall approve the proposed change
and issue a new license or a branch office certificate, as the
case may be, reflecting the change. [1971 ex.s. c 253 § 8.]
19.16.180 Assignability of license or branch office
certificate. (1) Except as provided in subsection (2) of this
section, a license or branch office certificate granted under
this chapter is not assignable or transferable.
(2002 Ed.)
Collection Agencies
19.16.180
(2) Upon the death of an individual licensee, the director
shall have the right to transfer the license and any branch
office certificate of the decedent to the personal representative of his estate for the period of the unexpired term of the
license and such additional time, not to exceed one year
from the date of death of the licensee, as said personal representative may need in order to settle the deceased’s estate or
sell the collection agency. [1971 ex.s. c 253 § 9.]
(6) All bonds given under this chapter shall be filed and
held in the office of the director.
(7) An out-of-state collection agency need not fulfill the
bonding requirements under this section if the out-of-state
collection agency maintains an adequate bond or legal
alternative as required by the state in which the out-of-state
collection agency is located. [1994 c 195 § 5; 1971 ex.s. c
253 § 10.]
19.16.190 Surety bond requirements—Cash deposit
or securities—Exception. (1) Except as limited by subsection (7) of this section, each applicant shall, at the time of
applying for a license, file with the director a surety bond in
the sum of five thousand dollars. The bond shall be annually renewable on January first of each year, shall be approved
by the director as to form and content, and shall be executed
by the applicant as principal and by a surety company
authorized to do business in this state as surety. Such bond
shall run to the state of Washington as obligee for the
benefit of the state and conditioned that the licensee shall
faithfully and truly perform all agreements entered into with
the licensee’s clients or customers and shall, within thirty
days after the close of each calendar month, account to and
pay to his client or customer the net proceeds of all collections made during the preceding calendar month and due to
each client or customer less any offsets due licensee under
RCW 19.16.210 and 19.16.220. The bond required by this
section shall remain in effect until canceled by action of the
surety or the licensee or the director.
(2) An applicant for a license under this chapter may
furnish, file, and deposit with the director, in lieu of the
surety bond provided for herein, a cash deposit or other
negotiable security acceptable to the director. The security
deposited with the director in lieu of the surety bond shall be
returned to the licensee at the expiration of one year after the
collection agency’s license has expired or been revoked if no
legal action has been instituted against the licensee or on
said security deposit at the expiration of said one year.
(3) A surety may file with the director notice of his or
its withdrawal on the bond of the licensee. Upon filing a
new bond or upon the revocation of the collection agency
license or upon the expiration of sixty days after the filing
of notice of withdrawal as surety by the surety, the liability
of the former surety for all future acts of the licensee shall
terminate.
(4) The director shall immediately cancel the bond given
by a surety company upon being advised that the surety
company’s license to transact business in this state has been
revoked.
(5) Upon the filing with the director of notice by a
surety of his withdrawal as the surety on the bond of a
licensee or upon the cancellation by the director of the bond
of a surety as provided in this section, the director shall
immediately give notice to the licensee of the withdrawal or
cancellation. The notice shall be sent to the licensee by
registered or certified mail with request for a return receipt
and addressed to the licensee at his or its main office as
shown by the records of the director. At the expiration of
thirty days from the date of mailing the notice, the license of
the licensee shall be terminated, unless the licensee has filed
a new bond with a surety satisfactory to the director.
19.16.200 Action on bond, cash deposit or securities. In addition to all other legal remedies, an action may
be brought in any court of competent jurisdiction upon the
bond or cash deposit or security in lieu thereof, required by
RCW 19.16.190, by any person to whom the licensee fails
to account and pay as set forth in such bond or by any client
or customer of the licensee who has been damaged by failure
of the licensee to comply with all agreements entered into
with such client or customer: PROVIDED, That the
aggregate liability of the surety to all such clients or customers shall in no event exceed the sum of such bond.
An action upon such bond or security shall be commenced by serving and filing of the complaint within one
year from the date of the cancellation of the bond or, in the
case of a cash deposit or other security deposited in lieu of
the surety bond, within one year of the date of expiration or
revocation of license: PROVIDED, That no action shall be
maintained upon such bond or such cash deposit or other
security for any claim which has been barred by any
nonclaim statute or statute of limitations of this state. Two
copies of the complaint shall be served by registered or
certified mail upon the director at the time the suit is started.
Such service shall constitute service on the surety. The
director shall transmit one of said copies of the complaint
served on him to the surety within forty-eight hours after it
shall have been received.
The director shall maintain a record, available for public
inspection, of all suits commenced under this chapter upon
surety bonds, or the cash or other security deposited in lieu
thereof.
In the event of a judgment being entered against the
deposit or security referred to in RCW 19.16.190(2), the
director shall, upon receipt of a certified copy of a final
judgment, pay said judgment from the amount of the deposit
or security. [1971 ex.s. c 253 § 11.]
(2002 Ed.)
19.16.210 Accounting and payments by licensee to
customer. A licensee shall within thirty days after the close
of each calendar month account in writing to his or its
customers for all collections made during that calendar
month and pay to his or its customers the net proceeds due
and payable of all collections made during that calendar
month except that a licensee need not account to the customer for:
(1) Court costs recovered which were previously
advanced by licensee or his or its attorney.
(2) Attorney’s fees and interest or other charges incidental to the principal amount of the obligation legally and
properly belonging to the licensee, if such charges are
retained by the licensee after the principal amount of the
obligation has been accounted for and remitted to the
customer. When the net proceeds are less than ten dollars
[Title 19 RCW—page 19]
19.16.210
Title 19 RCW: Business Regulations—Miscellaneous
at the end of any calendar month, payments may be deferred
for a period not to exceed three months. [1971 ex.s. c 253
§ 12.]
into the possession of licensee or into a personal or general
account of licensee. [1994 c 195 § 7; 1971 ex.s. c 253 §
15.]
19.16.220 Accounting and payments by customer to
licensee. Every customer of a licensee shall, within thirty
days after the close of each calendar month, account and pay
to his or its collection agency all sums owing to the collection agency for payments received by the customer during
that calendar month on claims in the hands of the collection
agency.
If a customer fails to pay a licensee any sums due under
this section, the licensee shall, in addition to other remedies
provided by law, have the right to offset any moneys due the
licensee under this section against any moneys due customer
under RCW 19.16.210. [1971 ex.s. c 253 § 13.]
19.16.245 Financial statement. No licensee shall
receive any money from any debtor as a result of the
collection of any claim until he or it shall have submitted a
financial statement showing the assets and liabilities of the
licensee truly reflecting that the licensee’s net worth is not
less than the sum of seven thousand five hundred dollars, in
cash or its equivalent, of which not less than five thousand
dollars shall be deposited in a bank, available for the use of
the licensee’s business. Any money so collected shall be
subject to the provisions of RCW 19.16.430(2). The
financial statement shall be sworn to by the licensee, if the
licensee is an individual, or by a partner, officer, or manager
in its behalf if the licensee is a partnership, corporation, or
unincorporated association. The information contained in the
financial statement shall be confidential and not a public
record, but is admissible in evidence at any hearing held, or
in any action instituted in a court of competent jurisdiction,
pursuant to the provisions of this chapter: PROVIDED, That
this section shall not apply to those persons holding a valid
license issued pursuant to this chapter on July 16, 1973.
[1973 1st ex.s. c 20 § 9.]
19.16.230 Licensee—Business office—Records to be
kept. (1) Every licensee required to keep and maintain
records pursuant to this section, other than an out-of-state
collection agency, shall establish and maintain a regular
active business office in the state of Washington for the
purpose of conducting his or its collection agency business.
Said office must be open to the public during reasonable
stated business hours, and must be managed by a resident of
the state of Washington.
(2) Every licensee shall keep a record of all sums
collected by him or it and all disbursements made by him or
it. All such records shall be kept at the business office
referred to in subsection (1) of this section, unless the
licensee is an out-of-state collection agency, in which case
the record shall be kept at the business office listed on the
licensee’s license.
(3) Licensees shall maintain and preserve accounting
records of collections and payments to customers for a
period of four years from the date of the last entry thereon.
[1994 c 195 § 6; 1987 c 85 § 1; 1973 1st ex.s. c 20 § 3;
1971 ex.s. c 253 § 14.]
19.16.240 Licensee—Trust fund account—
Exception. Each licensee, other than an out-of-state
collection agency, shall at all times maintain a separate bank
account in this state in which all moneys collected by the
licensee shall be deposited except that negotiable instruments
received may be forwarded directly to a customer. Moneys
received must be deposited within ten days after posting to
the book of accounts. In no event shall moneys received be
disposed of in any manner other than to deposit such moneys
in said account or as provided in this section.
The bank account shall bear some title sufficient to
distinguish it from the licensee’s personal or general checking account, such as "Customer’s Trust Fund Account".
There shall be sufficient funds in said trust account at all
times to pay all moneys due or owing to all customers and
no disbursements shall be made from such account except to
customers or to remit moneys collected from debtors on
assigned claims and due licensee’s attorney or to refund over
payments except that a licensee may periodically withdraw
therefrom such moneys as may accrue to licensee.
Any money in such trust account belonging to a licensee
may be withdrawn for the purpose of transferring the same
[Title 19 RCW—page 20]
19.16.250 Prohibited practices. (Effective until April
1, 2004.) No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed
person to engage in business as a collection agency in this
state or receive compensation from such unlicensed person:
PROVIDED, That nothing in this chapter shall prevent a licensee from accepting, as forwardee, claims for collection
from a collection agency or attorney whose place of business
is outside the state.
(2) Collect or attempt to collect a claim by the use of
any means contrary to the postal laws and regulations of the
United States postal department.
(3) Publish or post or cause to be published or posted,
any list of debtors commonly known as "bad debt lists" or
threaten to do so. For purposes of this chapter, a "bad debt
list" means any list of natural persons alleged to fail to honor
their lawful debts. However, nothing herein shall be
construed to prohibit a licensee from communicating to its
customers or clients by means of a coded list, the existence
of a check dishonored because of insufficient funds, not
sufficient funds or closed account by the financial institution
servicing the debtor’s checking account: PROVIDED, That
the debtor’s identity is not readily apparent: PROVIDED
FURTHER, That the licensee complies with the requirements
of subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge,
use a uniform of any law enforcement agency or any
simulation thereof, or make any statements which might be
construed as indicating an official connection with any
federal, state, county, or city law enforcement agency, or any
other governmental agency, while engaged in collection
agency business.
(5) Perform any act or acts, either directly or indirectly,
constituting the practice of law.
(2002 Ed.)
Collection Agencies
(6) Advertise for sale or threaten to advertise for sale
any claim as a means of endeavoring to enforce payment
thereof or agreeing to do so for the purpose of soliciting
claims, except where the licensee has acquired claims as an
assignee for the benefit of creditors or where the licensee is
acting under court order.
(7) Use any name while engaged in the making of a
demand for any claim other than the name set forth on his
or its current license issued hereunder.
(8) Give or send to any debtor or cause to be given or
sent to any debtor, any notice, letter, message, or form which
represents or implies that a claim exists unless it shall
indicate in clear and legible type:
(a) The name of the licensee and the city, street, and
number at which he is licensed to do business;
(b) The name of the original creditor to whom the
debtor owed the claim if such name is known to the licensee
or employee: PROVIDED, That upon written request of the
debtor, the licensee shall make a reasonable effort to obtain
the name of such person and provide this name to the
debtor;
(c) If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a
different amount than indicated in his or its first notice to the
debtor, an itemization of the claim asserted must be made
including:
(i) Amount owing on the original obligation at the time
it was received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late
payment charges, if any, added to the original obligation by
the original creditor, customer or assignor before it was
received by the licensee for collection, if such information
is known by the licensee or employee: PROVIDED, That
upon written request of the debtor, the licensee shall make
a reasonable effort to obtain information on such items and
provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was
received by the licensee for collection;
(iv) Collection costs, if any, that the licensee is attempting to collect;
(v) Attorneys’ fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a
customer or assignor;
(vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a
customer or assignor.
(9) Communicate or threaten to communicate, the
existence of a claim to a person other than one who might
be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or
proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a
credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee
reports a claim to a credit reporting bureau, the licensee shall
upon receipt of written notice from the debtor that any part
of the claim is disputed, forward a copy of such written
notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting
to collect a claim may communicate the existence of a claim
(2002 Ed.)
19.16.250
to a debtor’s employer if the claim has been reduced to a
judgment;
(c) A licensee or employee in collecting or attempting
to collect a claim that has not been reduced to judgment,
may communicate the existence of a claim to a debtor’s
employer if:
(i) The licensee or employee has notified or attempted
to notify the debtor in writing at his last known address or
place of employment concerning the claim and the debtor
after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner
acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee
disputed any part of the claim: PROVIDED, That the
licensee or employee may only communicate the existence
of a claim which has not been reduced to judgment to the
debtor’s employer once unless the debtor’s employer has
agreed to additional communications.
(d) A licensee may for the purpose of locating the
debtor or locating assets of the debtor communicate the
existence of a claim to any person who might reasonably be
expected to have knowledge of the whereabouts of a debtor
or the location of assets of the debtor if the claim is reduced
to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted
to notify the debtor in writing at his last known address or
last known place of employment concerning the claim and
the debtor after a reasonable time has failed to pay the claim
or has failed to agree to make payments on the claim in a
manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of
the claim.
(e) A licensee may communicate the existence of a
claim to its customers or clients if the claim is reduced to
judgment, or if not reduced to judgment, when:
(i) The licensee has notified or attempted to notify the
debtor in writing at his last known address or last known
place of employment concerning the claim and the debtor
after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner
acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of
the claim.
(10) Threaten the debtor with impairment of his credit
rating if a claim is not paid.
(11) Communicate with the debtor after notification in
writing from an attorney representing such debtor that all
further communications relative to a claim should be
addressed to the attorney: PROVIDED, That if a licensee
requests in writing information from an attorney regarding
such claim and the attorney does not respond within a
reasonable time, the licensee may communicate directly with
the debtor until he or it again receives notification in writing
that an attorney is representing the debtor.
(12) Communicate with a debtor or anyone else in such
a manner as to harass, intimidate, threaten, or embarrass a
debtor, including but not limited to communication at an
unreasonable hour, with unreasonable frequency, by threats
of force or violence, by threats of criminal prosecution, and
by use of offensive language. A communication shall be
presumed to have been made for the purposes of harassment
if:
[Title 19 RCW—page 21]
19.16.250
Title 19 RCW: Business Regulations—Miscellaneous
(a) It is made with a debtor or spouse in any form,
manner, or place, more than three times in a single week;
(b) It is made with a debtor at his or her place of
employment more than one time in a single week;
(c) It is made with the debtor or spouse at his or her
place of residence between the hours of 9:00 p.m. and 7:30
a.m.
(13) Communicate with the debtor through use of forms
or instruments that simulate the form or appearance of
judicial process, the form or appearance of government
documents, or the simulation of a form or appearance of a
telegraphic or emergency message.
(14) Communicate with the debtor and represent or
imply that the existing obligation of the debtor may be or
has been increased by the addition of attorney fees, investigation fees, service fees, or any other fees or charges when
in fact such fees or charges may not legally be added to the
existing obligation of such debtor.
(15) Threaten to take any action against the debtor
which the licensee cannot legally take at the time the threat
is made.
(16) Send any telegram or make any telephone calls to
a debtor or concerning a debt or for the purpose of demanding payment of a claim or seeking information about a
debtor, for which the charges are payable by the addressee
or by the person to whom the call is made.
(17) In any manner convey the impression that the
licensee is vouched for, bonded to or by, or is an instrumentality of the state of Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the
principal amount of a claim any sum other than allowable
interest, collection costs or handling fees expressly authorized by statute, and, in the case of suit, attorney’s fees and
taxable court costs. A licensee may collect or attempt to
collect collection costs and fees, including contingent
collection fees, as authorized by a written agreement or
contract, between the licensee’s client and the debtor, in the
collection of a commercial claim. The amount charged to
the debtor for collection services shall not exceed thirty-five
percent of the commercial claim.
(19) Procure from a debtor or collect or attempt to
collect on any written note, contract, stipulation, promise or
acknowledgment under which a debtor may be required to
pay any sum other than principal, allowable interest, except
as noted in subsection (18) of this section, and, in the case
of suit, attorney’s fees and taxable court costs.
(20) Upon notification by a debtor that the debtor
disputes all debts arising from a series of dishonored checks,
automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments, initiate oral
contact with a debtor more than one time in an attempt to
collect from the debtor debts arising from the identified
series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted
written instruments when: (a) Within the previous one
hundred eighty days, in response to the licensee’s attempt to
collect the initial debt assigned to the licensee and arising
from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or
other preprinted written instruments, the debtor in writing
notified the licensee that the debtor’s checkbook or other
[Title 19 RCW—page 22]
series of preprinted written instruments was stolen or
fraudulently created; (b) the licensee has received from the
debtor a certified copy of a police report referencing the
theft or fraudulent creation of the checkbook, automated
clearinghouse transactions on a demand deposit account, or
series of preprinted written instruments; (c) in the written
notification to the licensee or in the police report, the debtor
identified the financial institution where the account was
maintained, the account number, the magnetic ink character
recognition number, the full bank routing and transit number,
and the check numbers of the stolen checks, automated
clearinghouse transactions on a demand deposit account, or
other preprinted written instruments, which check numbers
included the number of the check that is the subject of the
licensee’s collection efforts; (d) the debtor provides, or
within the previous one hundred eighty days provided, to the
licensee a legible copy of a government-issued photo
identification, which contains the debtor’s signature and
which was issued prior to the date of the theft or fraud
identified in the police report; (e) the debtor advised the
licensee that the subject debt is disputed because the identified check, automated clearinghouse transaction on a demand
deposit account, or other preprinted written instrument
underlying the debt is a stolen or fraudulently created check
or instrument; and (f) information on the checks, automated
clearinghouse transactions on a demand deposit account, or
other preprinted written instruments are currently in the
licensee’s files that identically match the information
provided by the debtor in (c) of this subsection.
The licensee is not in violation of this subsection if the
licensee initiates oral contact with the debtor more than one
time in an attempt to collect debts arising from the identified
series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted
written instruments when: (i) The licensee acted in good
faith and relied on their established practices and procedures
for batching, recording, or packeting debtor accounts, and the
licensee inadvertently initiates oral contact with the debtor in
an attempt to collect debts in the identified series subsequent
to the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee,
and the debtor has previously requested more information
from the licensee regarding the subject debt; (iii) the debtor
has notified the licensee that the debtor disputes only some,
but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a
demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate
oral contact with the debtor one time for each debt arising
from the series of identified checks, automated clearinghouse
transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that
the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; (iv) the oral
contact is in the context of a judicial, administrative,
arbitration, mediation, or similar proceeding; or (v) the oral
contact is made for the purpose of investigating, confirming,
or authenticating the information received from the debtor,
to provide additional information to the debtor, or to request
additional information from the debtor needed by the
licensee to accurately record the debtor’s information in the
(2002 Ed.)
Collection Agencies
licensee’s records. [2001 c 217 § 4; 2001 c 47 § 2; 1983 c
107 § 1; 1981 c 254 § 5; 1971 ex.s. c 253 § 16.]
Reviser’s note: This section was amended by 2001 c 47 § 2 and by
2001 c 217 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Expiration date—2001 c 217 § 4: "Section 4 of this act expires
April 1, 2004." [2001 c 217 § 15.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
19.16.250 Prohibited practices. (Effective April 1,
2004.) No licensee or employee of a licensee shall:
(1) Directly or indirectly aid or abet any unlicensed
person to engage in business as a collection agency in this
state or receive compensation from such unlicensed person:
PROVIDED, That nothing in this chapter shall prevent a licensee from accepting, as forwardee, claims for collection
from a collection agency or attorney whose place of business
is outside the state.
(2) Collect or attempt to collect a claim by the use of
any means contrary to the postal laws and regulations of the
United States postal department.
(3) Publish or post or cause to be published or posted,
any list of debtors commonly known as "bad debt lists" or
threaten to do so. For purposes of this chapter, a "bad debt
list" means any list of natural persons alleged to fail to honor
their lawful debts. However, nothing herein shall be
construed to prohibit a licensee from communicating to its
customers or clients by means of a coded list, the existence
of a check dishonored because of insufficient funds, not
sufficient funds or closed account by the financial institution
servicing the debtor’s checking account: PROVIDED, That
the debtor’s identity is not readily apparent: PROVIDED
FURTHER, That the licensee complies with the requirements
of subsection (9)(e) of this section.
(4) Have in his possession or make use of any badge,
use a uniform of any law enforcement agency or any
simulation thereof, or make any statements which might be
construed as indicating an official connection with any
federal, state, county, or city law enforcement agency, or any
other governmental agency, while engaged in collection
agency business.
(5) Perform any act or acts, either directly or indirectly,
constituting the practice of law.
(6) Advertise for sale or threaten to advertise for sale
any claim as a means of endeavoring to enforce payment
thereof or agreeing to do so for the purpose of soliciting
claims, except where the licensee has acquired claims as an
assignee for the benefit of creditors or where the licensee is
acting under court order.
(7) Use any name while engaged in the making of a
demand for any claim other than the name set forth on his
or its current license issued hereunder.
(8) Give or send to any debtor or cause to be given or
sent to any debtor, any notice, letter, message, or form which
represents or implies that a claim exists unless it shall
indicate in clear and legible type:
(a) The name of the licensee and the city, street, and
number at which he is licensed to do business;
(b) The name of the original creditor to whom the
debtor owed the claim if such name is known to the licensee
or employee: PROVIDED, That upon written request of the
(2002 Ed.)
19.16.250
debtor, the licensee shall make a reasonable effort to obtain
the name of such person and provide this name to the
debtor;
(c) If the notice, letter, message, or form is the first notice to the debtor or if the licensee is attempting to collect a
different amount than indicated in his or its first notice to the
debtor, an itemization of the claim asserted must be made
including:
(i) Amount owing on the original obligation at the time
it was received by the licensee for collection or by assignment;
(ii) Interest or service charge, collection costs, or late
payment charges, if any, added to the original obligation by
the original creditor, customer or assignor before it was
received by the licensee for collection, if such information
is known by the licensee or employee: PROVIDED, That
upon written request of the debtor, the licensee shall make
a reasonable effort to obtain information on such items and
provide this information to the debtor;
(iii) Interest or service charge, if any, added by the licensee or customer or assignor after the obligation was
received by the licensee for collection;
(iv) Collection costs, if any, that the licensee is attempting to collect;
(v) Attorneys’ fees, if any, that the licensee is attempting to collect on his or its behalf or on the behalf of a
customer or assignor;
(vi) Any other charge or fee that the licensee is attempting to collect on his or its own behalf or on the behalf of a
customer or assignor.
(9) Communicate or threaten to communicate, the
existence of a claim to a person other than one who might
be reasonably expected to be liable on the claim in any manner other than through proper legal action, process, or
proceedings except under the following conditions:
(a) A licensee or employee of a licensee may inform a
credit reporting bureau of the existence of a claim: PROVIDED, That if the licensee or employee of a licensee
reports a claim to a credit reporting bureau, the licensee shall
upon receipt of written notice from the debtor that any part
of the claim is disputed, forward a copy of such written
notice to the credit reporting bureau;
(b) A licensee or employee in collecting or attempting
to collect a claim may communicate the existence of a claim
to a debtor’s employer if the claim has been reduced to a
judgment;
(c) A licensee or employee in collecting or attempting
to collect a claim that has not been reduced to judgment,
may communicate the existence of a claim to a debtor’s
employer if:
(i) The licensee or employee has notified or attempted
to notify the debtor in writing at his last known address or
place of employment concerning the claim and the debtor
after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner
acceptable to the licensee, and
(ii) The debtor has not in writing to the licensee
disputed any part of the claim: PROVIDED, That the
licensee or employee may only communicate the existence
of a claim which has not been reduced to judgment to the
debtor’s employer once unless the debtor’s employer has
agreed to additional communications.
[Title 19 RCW—page 23]
19.16.250
Title 19 RCW: Business Regulations—Miscellaneous
(d) A licensee may for the purpose of locating the
debtor or locating assets of the debtor communicate the
existence of a claim to any person who might reasonably be
expected to have knowledge of the whereabouts of a debtor
or the location of assets of the debtor if the claim is reduced
to judgment, or if not reduced to judgment, when:
(i) The licensee or employee has notified or attempted
to notify the debtor in writing at his last known address or
last known place of employment concerning the claim and
the debtor after a reasonable time has failed to pay the claim
or has failed to agree to make payments on the claim in a
manner acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of
the claim.
(e) A licensee may communicate the existence of a
claim to its customers or clients if the claim is reduced to
judgment, or if not reduced to judgment, when:
(i) The licensee has notified or attempted to notify the
debtor in writing at his last known address or last known
place of employment concerning the claim and the debtor
after a reasonable time has failed to pay the claim or has
failed to agree to make payments on the claim in a manner
acceptable to the licensee, and
(ii) The debtor has not in writing disputed any part of
the claim.
(10) Threaten the debtor with impairment of his credit
rating if a claim is not paid.
(11) Communicate with the debtor after notification in
writing from an attorney representing such debtor that all
further communications relative to a claim should be
addressed to the attorney: PROVIDED, That if a licensee
requests in writing information from an attorney regarding
such claim and the attorney does not respond within a
reasonable time, the licensee may communicate directly with
the debtor until he or it again receives notification in writing
that an attorney is representing the debtor.
(12) Communicate with a debtor or anyone else in such
a manner as to harass, intimidate, threaten, or embarrass a
debtor, including but not limited to communication at an
unreasonable hour, with unreasonable frequency, by threats
of force or violence, by threats of criminal prosecution, and
by use of offensive language. A communication shall be
presumed to have been made for the purposes of harassment
if:
(a) It is made with a debtor or spouse in any form,
manner, or place, more than three times in a single week;
(b) It is made with a debtor at his or her place of
employment more than one time in a single week;
(c) It is made with the debtor or spouse at his or her
place of residence between the hours of 9:00 p.m. and 7:30
a.m.
(13) Communicate with the debtor through use of forms
or instruments that simulate the form or appearance of
judicial process, the form or appearance of government
documents, or the simulation of a form or appearance of a
telegraphic or emergency message.
(14) Communicate with the debtor and represent or
imply that the existing obligation of the debtor may be or
has been increased by the addition of attorney fees, investigation fees, service fees, or any other fees or charges when
in fact such fees or charges may not legally be added to the
existing obligation of such debtor.
[Title 19 RCW—page 24]
(15) Threaten to take any action against the debtor
which the licensee cannot legally take at the time the threat
is made.
(16) Send any telegram or make any telephone calls to
a debtor or concerning a debt or for the purpose of demanding payment of a claim or seeking information about a
debtor, for which the charges are payable by the addressee
or by the person to whom the call is made.
(17) In any manner convey the impression that the
licensee is vouched for, bonded to or by, or is an instrumentality of the state of Washington or any agency or department thereof.
(18) Collect or attempt to collect in addition to the
principal amount of a claim any sum other than allowable
interest, collection costs or handling fees expressly authorized by statute, and, in the case of suit, attorney’s fees and
taxable court costs. A licensee may collect or attempt to
collect collection costs and fees, including contingent
collection fees, as authorized by a written agreement or
contract, between the licensee’s client and the debtor, in the
collection of a commercial claim. The amount charged to
the debtor for collection services shall not exceed thirty-five
percent of the commercial claim.
(19) Procure from a debtor or collect or attempt to
collect on any written note, contract, stipulation, promise or
acknowledgment under which a debtor may be required to
pay any sum other than principal, allowable interest, except
as noted in subsection (18) of this section, and, in the case
of suit, attorney’s fees and taxable court costs.
(20) Upon notification by a debtor that the debtor
disputes all debts arising from a series of dishonored checks,
automated clearinghouse transactions on a demand deposit
account, or other preprinted written instruments, initiate oral
contact with a debtor more than one time in an attempt to
collect from the debtor debts arising from the identified
series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted
written instruments when: (a) Within the previous one
hundred eighty days, in response to the licensee’s attempt to
collect the initial debt assigned to the licensee and arising
from the identified series of dishonored checks, automated
clearinghouse transactions on a demand deposit account, or
other preprinted written instruments, the debtor in writing
notified the licensee that the debtor’s checkbook or other
series of preprinted written instruments was stolen or
fraudulently created; (b) the licensee has received from the
debtor a certified copy of a police report referencing the
theft or fraudulent creation of the checkbook, automated
clearinghouse transactions on a demand deposit account, or
series of preprinted written instruments; (c) in the written
notification to the licensee or in the police report, the debtor
identified the financial institution where the account was
maintained, the account number, the magnetic ink character
recognition number, the full bank routing and transit number,
and the check numbers of the stolen checks, automated
clearinghouse transactions on a demand deposit account, or
other preprinted written instruments, which check numbers
included the number of the check that is the subject of the
licensee’s collection efforts; (d) the debtor provides, or
within the previous one hundred eighty days provided, to the
licensee a legible copy of a government-issued photo
identification, which contains the debtor’s signature and
(2002 Ed.)
Collection Agencies
which was issued prior to the date of the theft or fraud
identified in the police report; and (e) the debtor advised the
licensee that the subject debt is disputed because the identified check, automated clearinghouse transaction on a demand
deposit account, or other preprinted written instrument
underlying the debt is a stolen or fraudulently created check
or instrument.
The licensee is not in violation of this subsection if the
licensee initiates oral contact with the debtor more than one
time in an attempt to collect debts arising from the identified
series of dishonored checks, automated clearinghouse
transactions on a demand deposit account, or other preprinted
written instruments when: (i) The licensee acted in good
faith and relied on their established practices and procedures
for batching, recording, or packeting debtor accounts, and the
licensee inadvertently initiates oral contact with the debtor in
an attempt to collect debts in the identified series subsequent
to the initial debt assigned to the licensee; (ii) the licensee is
following up on collection of a debt assigned to the licensee,
and the debtor has previously requested more information
from the licensee regarding the subject debt; (iii) the debtor
has notified the licensee that the debtor disputes only some,
but not all the debts arising from the identified series of dishonored checks, automated clearinghouse transactions on a
demand deposit account, or other preprinted written instruments, in which case the licensee shall be allowed to initiate
oral contact with the debtor one time for each debt arising
from the series of identified checks, automated clearinghouse
transactions on a demand deposit account, or written instruments and initiate additional oral contact for those debts that
the debtor acknowledges do not arise from stolen or fraudulently created checks or written instruments; (iv) the oral
contact is in the context of a judicial, administrative,
arbitration, mediation, or similar proceeding; or (v) the oral
contact is made for the purpose of investigating, confirming,
or authenticating the information received from the debtor,
to provide additional information to the debtor, or to request
additional information from the debtor needed by the
licensee to accurately record the debtor’s information in the
licensee’s records. [2001 c 217 § 5; 2001 c 47 § 2; 1983 c
107 § 1; 1981 c 254 § 5; 1971 ex.s. c 253 § 16.]
Reviser’s note: This section was amended by 2001 c 47 § 2 and by
2001 c 217 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 217 § 5: "Section 5 of this act takes effect
April 1, 2004." [2001 c 217 § 16.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
19.16.260 Licensing prerequisite to suit. No
collection agency or out-of-state collection agency may bring
or maintain an action in any court of this state involving the
collection of a claim of any third party without alleging and
proving that he or it is duly licensed under this chapter and
has satisfied the bonding requirements hereof, if applicable:
PROVIDED, That in any case where judgment is to be
entered by default, it shall not be necessary for the collection
agency or out-of-state collection agency to prove such
matters.
A copy of the current collection agency license or outof-state collection agency license, certified by the director to
be a true and correct copy of the original, shall be prima
(2002 Ed.)
19.16.250
facie evidence of the licensing and bonding of such collection agency or out-of-state collection agency as required by
this chapter. [1994 c 195 § 8; 1971 ex.s. c 253 § 17.]
19.16.270 Presumption of validity of assignment. In
any action brought by licensee to collect the claim of his or
its customer, the assignment of the claim to licensee by his
or its customer shall be conclusively presumed valid, if the
assignment is filed in court with the complaint, unless
objection is made thereto by the debtor in a written answer
or in writing five days or more prior to trial. [1971 ex.s. c
253 § 18.]
19.16.280 Board created—Composition of board—
Qualification of members. There is hereby created a board
to be known and designated as the "Washington state
collection agency board". The board shall consist of five
members, one of whom shall be the director and the other
four shall be appointed by the governor. The director may
delegate his duties as a board member to a designee from his
department. The director or his designee shall be the
executive officer of the board and its chairman.
At least two but no more than two members of the
board shall be licensees hereunder. Each of the licensee
members of the board shall be actively engaged in the
collection agency business at the time of his appointment
and must continue to be so engaged and continue to be
licensed under this chapter during the term of his appointment or he will be deemed to have resigned his position:
PROVIDED, That no individual may be a licensee member
of the board unless he has been actively engaged as either an
owner or executive employee or a combination of both of a
collection agency business in this state for a period of not
less than five years immediately prior to his appointment.
No board member shall be employed by or have any
interest in, directly or indirectly, as owner, partner, officer,
director, agent, stockholder, or attorney, any collection
agency in which any other board member is employed by or
has such an interest.
No member of the board other than the director or his
designee shall hold any other elective or appointive state or
federal office. [1971 ex.s. c 253 § 19.]
19.16.290 Board—Initial members—Terms—
Oath—Removal. The initial members of the board shall be
named by the governor within thirty days after January 1,
1972. At the first meeting of the board, the members
appointed by the governor shall determine by lot the period
of time from January 1, 1972 that each of them shall serve,
one for one year; one for two years; one for three years; and
one for four years. In the event of a vacancy on the board,
the governor shall appoint a successor for the unexpired
term.
Each member appointed by the governor shall qualify
by taking the usual oath of a state officer, which shall be
filed with the secretary of state, and each member shall hold
office for the term of his appointment and until his successor
is appointed and qualified.
Any member of the board other than the director or his
designee may be removed by the governor for neglect of
duty, misconduct, malfeasance or misfeasance in office, after
[Title 19 RCW—page 25]
19.16.290
Title 19 RCW: Business Regulations—Miscellaneous
being given a written statement of the charges against him
and sufficient opportunity to be heard thereon. [1971 ex.s.
c 253 § 20.]
19.16.300 Board meetings—Quorum—Effect of
vacancy. The board shall meet as soon as practicable after
the governor has appointed the initial members of the board.
The board shall meet at least once a year and at such other
times as may be necessary for the transaction of its business.
The time and place of the initial meeting of the board
and the annual meetings shall be at a time and place fixed
by the director. Other meetings of the board shall be held
upon written request of the director at a time and place
designated by him, or upon the written request of any two
members of the board at a time and place designated by
them.
A majority of the board shall constitute a quorum.
A vacancy in the board membership shall not impair the
right of the remaining members of the board to exercise any
power or to perform any duty of the board, so long as the
power is exercised or the duty performed by a quorum of the
board. [1971 ex.s. c 253 § 21.]
19.16.310 Board—Compensation—Reimbursement
of travel expenses. Each member of the board appointed by
the governor shall be compensated in accordance with RCW
43.03.240 and in addition thereto shall be reimbursed for
travel expenses incurred while on official business of the
board and in attending meetings thereof, in accordance with
the provisions of RCW 43.03.050 and 43.03.060. [1984 c
287 § 54; 1975-’76 2nd ex.s. c 34 § 58; 1971 ex.s. c 253 §
22.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
19.16.320 Board—Territorial scope of operations.
The board may meet, function and exercise its powers and
perform its duties at any place within the state. [1971 ex.s.
c 253 § 23.]
19.16.330 Board—Immunity from suit. Members of
the board shall be immune from suit in any civil action
based upon an official act performed in good faith as
members of such board. [1971 ex.s. c 253 § 24.]
19.16.340 Board—Records. All records of the board
shall be kept in the office of the director. Copies of all
records and papers of the board, certified to be true copies
by the director, shall be received in evidence in all cases
with like effect as the originals. All actions by the board
which require publication, or any writing shall be over the
signature of the director or his designee. [1971 ex.s. c 253
§ 25.]
19.16.351 Additional powers and duties of board.
(Effective until January 1, 2003.) The board, in addition to
any other powers and duties granted under this chapter:
(1) May adopt, amend, and rescind such rules and
regulations for its own organization and procedure and such
[Title 19 RCW—page 26]
other rules and regulations as it may deem necessary in order
to perform its duties hereunder.
(2) When an applicant or licensee has requested a
hearing as provided in RCW 19.16.360 the board shall meet
and after notice and hearing may deny any application for a
license hereunder, and may fail to renew, suspend, or revoke
any license issued hereunder, if the applicant or licensee has
failed to comply with or violated any provision of this
chapter or any rule or regulation issued pursuant to this
chapter. In its discretion, the board may assess a civil,
monetary penalty against a licensee in an amount not to
exceed one thousand dollars in lieu of or in addition to
suspension. It shall be the duty of the board within thirty
days after the last day of hearing to notify the appellant of
its decision.
(3) May inquire into the needs of the collection agency
business, the needs of the director, and the matter of the
policy of the director in administering this chapter, and make
such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the
welfare of the state, the welfare of the public, and the
welfare and progress of the collection agency business.
(4) Upon request of the director, confer and advise in
matters relating to the administering of this chapter.
(5) May consider and make appropriate recommendations to the director in all matters referred to the board.
(6) Upon his request, confer with and advise the director
in the preparation of any rules and regulations to be adopted,
amended, or repealed.
(7) May assist the director in the collection of such
information and data as the director may deem necessary to
the proper administration of this chapter. [1977 ex.s. c 194
§ 2; 1973 1st ex.s. c 20 § 8.]
19.16.351 Additional powers and duties of board.
(Effective January 1, 2003.) The board, in addition to any
other powers and duties granted under this chapter and RCW
18.235.030:
(1) May adopt, amend, and rescind rules for its own
organization and procedure and other rules as it may deem
necessary in order to perform its duties under this chapter.
(2) May inquire into the needs of the collection agency
business, the needs of the director, and the matter of the
policy of the director in administering this chapter, and make
such recommendations with respect thereto as, after consideration, may be deemed important and necessary for the
welfare of the state, the welfare of the public, and the
welfare and progress of the collection agency business.
(3) Upon request of the director, confer and advise in
matters relating to the administering of this chapter.
(4) May consider and make appropriate recommendations to the director in all matters referred to the board.
(5) Upon request of the director, confer with and advise
the director in the preparation of any rules to be adopted,
amended, or repealed.
(6) May assist the director in the collection of such
information and data as the director may deem necessary to
the proper administration of this chapter. [2002 c 86 § 267;
1977 ex.s. c 194 § 2; 1973 1st ex.s. c 20 § 8.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
(2002 Ed.)
Collection Agencies
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.16.360 Licenses—Denial, suspension, revocation
or refusal to renew—Civil penalty—Hearing. (Effective
until January 1, 2003.) (1) Whenever the director shall
have reasonable cause to believe that grounds exist for
denial, nonrenewal, revocation or suspension of a license
issued or to be issued under this chapter, or in lieu of or in
addition to suspension that a licensee should be assessed a
civil, monetary penalty not to exceed one thousand dollars,
he shall notify the applicant or licensee in writing by
certified or registered mail, with return receipt requested,
stating the grounds upon which it is proposed that the license
be denied, revoked, not renewed, or suspended and upon
which any monetary penalty is going to be assessed and the
amount of the penalty.
(2) Within thirty days from the receipt of notice of the
alleged grounds for denial, revocation, lack of renewal, or
suspension or for the monetary penalty to be assessed in lieu
of or in addition to suspension, the applicant or licensee may
serve upon the director a written request for hearing before
the board. Service of a request for a hearing shall be by
certified mail and shall be addressed to the director at his
office in Thurston county. Upon receiving a request for a
hearing, the director shall fix a date for which the matter
may be heard by the board, which date shall be not less than
thirty days from the receipt of the request for such hearing.
If no request for hearing is made within the time specified,
the license shall be deemed denied, revoked, or not renewed
or the license shall be deemed suspended and/or the civil,
monetary penalty shall be deemed assessed.
(3) Whenever a licensee who has made timely and
sufficient application for the renewal of a license, receives
notice from the director that it is proposed that his or its
license is not to be renewed, and said licensee requests a
hearing under subsection (2) of this section, the licensee’s
current license shall not expire until the last day for seeking
review of the board’s decision expires or if judicial review
of the board’s decision is sought until final judgment has
been entered by the superior court, or in the event of an
appeal or appeals, until final judgment has been entered by
the last appellate court in which review has been sought.
[1977 ex.s. c 194 § 3; 1973 1st ex.s. c 20 § 4; 1971 ex.s. c
253 § 27.]
19.16.380 Administrative procedure act—
Application. (Effective until January 1, 2003.) Except as
specifically provided in this chapter, the rules adopted and
the hearings conducted shall be in accordance with the
provisions of chapter 34.05 RCW (administrative procedure
act). [1971 ex.s. c 253 § 29.]
19.16.390 Personal service of process outside state.
Personal service of any process in an action under this
chapter may be made upon any person outside the state if
such person has engaged in conduct in violation of this
chapter which has had the impact in this state which this
chapter reprehends. Such persons shall be deemed to have
thereby submitted themselves to the jurisdiction of the courts
of this state within the meaning of RCW 4.28.180 and
(2002 Ed.)
19.16.351
4.28.185. A holder of an out-of-state collection agency
license is deemed to have appointed the director or the
director’s designee to be the licensee’s true and lawful agent
upon whom may be served any legal process against that
licensee arising or growing out of any violation of this
chapter. [1994 c 195 § 9; 1971 ex.s. c 253 § 30.]
19.16.400 Investigations or proceedings—Powers of
director or designees—Contempt. (Effective until January 1, 2003.) (1) The director may initiate and conduct
investigations as may be reasonably necessary to establish
the existence of any alleged violations of or noncompliance
with the provisions of this chapter or any rules and regulations issued hereunder. For the purpose of any investigation
or proceeding under this chapter, the director or any officer
designated by him may administer oaths and affirmations,
subpoena witnesses, compel their attendance, take evidence,
and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the director deems relevant or material to the
inquiry.
(2) If any individual fails to obey a subpoena or obeys
a subpoena but refuses to give evidence, any court of
competent jurisdiction, upon application by the director, may
issue to that person an order requiring him to appear before
the court, to show cause why he should not be compelled to
obey the subpoena and give evidence material to the matter
under investigation. The failure to obey an order of the
court may be punishable as contempt. [1973 1st ex.s. c 20
§ 5; 1971 ex.s. c 253 § 31.]
19.16.410 Rules, orders, decisions, etc. The director
may promulgate rules, make specific decisions, orders and
rulings, including therein demands and findings, and take
other necessary action for the implementation and enforcement of his duties under this chapter. [1971 ex.s. c 253 §
32.]
19.16.420 Copy of this chapter, rules and regulations available to licensee. On or about the first day of
February in each year, the director shall cause to be made
available at reasonable expense to a licensee a copy of this
chapter, a copy of the current rules and regulations of the
director, and board, and such other materials as the director
or board prescribe. [1971 ex.s. c 253 § 33.]
19.16.430 Violations—Operating agency without a
license—Penalty—Return of fees or compensation. (1)
Any person who knowingly operates as a collection agency
or out-of-state collection agency without a license or
knowingly aids and abets such violation is punishable by a
fine not exceeding five hundred dollars or by imprisonment
not exceeding one year or both.
(2) Any person who operates as a collection agency or
out-of-state collection agency in the state of Washington
without a valid license issued pursuant to this chapter shall
not charge or receive any fee or compensation on any
moneys received or collected while operating without a
license or on any moneys received or collected while operating with a license but received or collected as a result of his
or its acts as a collection agency or out-of-state collection
[Title 19 RCW—page 27]
19.16.430
Title 19 RCW: Business Regulations—Miscellaneous
agency while not licensed hereunder. All such moneys
collected or received shall be forthwith returned to the
owners of the accounts on which the moneys were paid.
[1994 c 195 § 10; 1973 1st ex.s. c 20 § 6; 1971 ex.s. c 253
§ 34.]
19.16.440 Violations of RCW 19.16.110 and
19.16.250 are unfair and deceptive trade practices under
chapter 19.86 RCW. The operation of a collection agency
or out-of-state collection agency without a license as
prohibited by RCW 19.16.110 and the commission by a
licensee or an employee of a licensee of an act or practice
prohibited by RCW 19.16.250 are declared to be unfair acts
or practices or unfair methods of competition in the conduct
of trade or commerce for the purpose of the application of
the Consumer Protection Act found in chapter 19.86 RCW.
[1994 c 195 § 11; 1973 1st ex.s. c 20 § 7; 1971 ex.s. c 253
§ 35.]
19.16.450 Violation of RCW 19.16.250—Additional
p e n a l t y . If an act or practice in violation of RCW
19.16.250 is committed by a licensee or an employee of a licensee in the collection of a claim, neither the licensee, the
customer of the licensee, nor any other person who may
thereafter legally seek to collect on such claim shall ever be
allowed to recover any interest, service charge, attorneys’
fees, collection costs, delinquency charge, or any other fees
or charges otherwise legally chargeable to the debtor on such
claim: PROVIDED, That any person asserting the claim
may nevertheless recover from the debtor the amount of the
original claim or obligation. [1971 ex.s. c 253 § 36.]
19.16.460 Violations may be enjoined. Notwithstanding any other actions which may be brought under the
laws of this state, the attorney general or the prosecuting
attorney of any county within the state may bring an action
in the name of the state against any person to restrain and
prevent any violation of this chapter. [1971 ex.s. c 253 §
37.]
19.16.470 Violations—Assurance of discontinuance—Effect. The attorney general may accept an assurance of discontinuance of any act or practice deemed in
violation of this chapter from any person engaging in or who
has engaged in such act or practice. Any such assurance
shall be in writing and be filed with and subject to the
approval of the superior court of the county in which the
alleged violator resides or has his principal place of business,
or in the alternative, in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however,
proof of failure to perform the terms of any such assurance
shall constitute prima facie proof of a violation of this
chapter for the purpose of securing an injunction as provided
for in RCW 19.16.460: PROVIDED, That after commencement of any action by a prosecuting attorney, as provided
therein, the attorney general may not accept an assurance of
discontinuance without the consent of said prosecuting
attorney. [1971 ex.s. c 253 § 38.]
[Title 19 RCW—page 28]
19.16.480 Violation of injunction—Civil penalty.
Any person who violates any injunction issued pursuant to
this chapter shall forfeit and pay a civil penalty of not more
than twenty-five thousand dollars. For the purpose of this
section the superior court issuing any injunction shall retain
jurisdiction, and the cause shall be continued, and in such
cases the attorney general acting in the name of the state
may petition for the recovery of civil penalties. [1971 ex.s.
c 253 § 39.]
19.16.500 Public bodies may retain collection
agencies to collect public debts—Fees. (1)(a) Agencies,
departments, taxing districts, political subdivisions of the
state, counties, and cities may retain, by written contract,
collection agencies licensed under this chapter for the
purpose of collecting public debts owed by any person,
including any restitution that is being collected on behalf of
a crime victim.
(b) Any governmental entity as described in (a) of this
subsection using a collection agency may add a reasonable
fee, payable by the debtor, to the outstanding debt for the
collection agency fee incurred or to be incurred. The
amount to be paid for collection services shall be left to the
agreement of the governmental entity and its collection
agency or agencies, but a contingent fee of up to fifty
percent of the first one hundred thousand dollars of the
unpaid debt per account and up to thirty-five percent of the
unpaid debt over one hundred thousand dollars per account
is reasonable, and a minimum fee of the full amount of the
debt up to one hundred dollars per account is reasonable.
Any fee agreement entered into by a governmental entity is
presumptively reasonable.
(2) No debt may be assigned to a collection agency
unless (a) there has been an attempt to advise the debtor (i)
of the existence of the debt and (ii) that the debt may be
assigned to a collection agency for collection if the debt is
not paid, and (b) at least thirty days have elapsed from the
time notice was attempted.
(3) Collection agencies assigned debts under this section
shall have only those remedies and powers which would be
available to them as assignees of private creditors.
(4) For purposes of this section, the term debt shall
include fines and other debts, including the fee required
under subsection (1)(b) of this section. [1997 c 387 § 1;
1982 c 65 § 1.]
Interest rate: RCW 43.17.240.
19.16.510 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 268.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.16.900 Provisions cumulative—Violation of RCW
19.16.250 deemed civil. The provisions of this chapter shall
be cumulative and nonexclusive and shall not affect any
other remedy available at law: PROVIDED, That the viola(2002 Ed.)
Collection Agencies
tion of RCW 19.16.250 shall be construed as exclusively
civil and not penal in nature. [1971 ex.s. c 253 § 40.]
19.16.910 Severability—1971 ex.s. c 253. If any
section or provision of this act shall be adjudged to be
invalid or unconstitutional such adjudication shall not affect
the validity of the act as a whole, or any section, provisions,
or part thereof not adjudged invalid or unconstitutional.
[1971 ex.s. c 253 § 41.]
19.16.920 Provisions exclusive—Authority of
political subdivisions to levy business and occupation
taxes not affected. (1) The provisions of this chapter
relating to the licensing and regulation of collection agencies
and out-of-state collection agencies shall be exclusive and no
county, city, or other political subdivision of this state shall
enact any laws or rules and regulations licensing or regulating collection agencies.
(2) This section shall not be construed to prevent a
political subdivision of this state from levying a business and
occupation tax upon collection agencies or out-of-state
collection agencies maintaining an office within that political
subdivision if a business and occupation tax is levied by it
upon other types of businesses within its boundaries. [1994
c 195 § 12; 1971 ex.s. c 253 § 42.]
19.16.930 Effective date—1971 ex.s. c 253. This act
shall become effective January 1, 1972. [1971 ex.s. c 253
§ 44.]
19.16.940 Short title. This chapter shall be known
and may be cited as the "Collection Agency Act". [1971
ex.s. c 253 § 45.]
19.16.950 Section headings. Section headings used
in this chapter shall not constitute any part of the law. [1971
ex.s. c 253 § 46.]
Chapter 19.25
REPRODUCED SOUND RECORDINGS
Sections
19.25.010
19.25.020
19.25.030
19.25.040
19.25.050
19.25.800
19.25.810
19.25.820
19.25.900
19.25.901
Definitions.
Reproduction of sound without consent of owner unlawful—
Fine and penalty.
Use of recording of live performance without consent of
owner unlawful—Fine and penalty.
Failure to disclose origin of certain recordings unlawful—
Fine and penalty.
Contraband recordings—Disposition, forfeiture, penalty.
Chapter not applicable to broadcast by commercial or educational radio or television.
Chapter not applicable to certain nonrecorded broadcast use.
Chapter not applicable to defined public record.
Severability—1974 ex.s. c 100.
Severability—1991 c 38.
19.25.010 Definitions. As used in this chapter:
(1) "Owner" means a person who owns the sounds fixed
in a master phonograph record, master disc, master tape,
master film, or other recording on which sound is or can be
(2002 Ed.)
19.16.900
recorded and from which the transferred recorded sounds are
directly or indirectly derived.
(2) "Fixed" means embodied in a recording or other
tangible medium of expression, by or under the authority of
the author, so that the matter embodied is sufficiently
permanent or stable to permit it to be perceived, reproduced,
or otherwise communicated for a period of more than
transitory duration.
(3) "Live performance" means a recitation, rendering, or
playing of a series of images; musical, spoken or other
sounds; or combination of images and sounds.
(4) "Recording" means a tangible medium on which
sounds, images, or both are recorded or otherwise stored,
including an original phonograph record, disc, tape, audio or
video cassette, wire, film, or other medium now existing or
developed later on which sounds, images, or both are or can
be recorded or otherwise stored or a copy or reproduction
that duplicates in whole or in part the original.
(5) "Manufacturer" means the entity authorizing the
duplication of the recording in question, but shall not include
the manufacturer of the cartridge or casing itself. [1991 c 38
§ 1; 1974 ex.s. c 100 § 1.]
19.25.020 Reproduction of sound without consent
of owner unlawful—Fine and penalty. (1) A person
commits an offense if the person:
(a) Knowingly reproduces for sale or causes to be
transferred any recording with intent to sell it or cause it to
be sold or use it or cause it to be used for commercial
advantage or private financial gain without the consent of the
owner;
(b) Transports within this state, for commercial advantage or private financial gain, a recording with the knowledge that the sounds have been reproduced or transferred
without the consent of the owner; or
(c) Advertises, offers for sale, sells, or rents, or causes
the sale, resale, or rental of or possesses for one or more of
these purposes any recording that the person knows has been
reproduced or transferred without the consent of the owner.
(2) An offense under this section is a felony punishable
by:
(a) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than ten years, or both if:
(i) The offense involves at least one thousand unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section;
(b) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both,
if the offense involves more than one hundred but less than
one thousand unauthorized recordings during a one hundred
eighty-day period.
(3) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twentyfive thousand dollars, imprisonment for not more than one
year, or both.
(4) This section does not affect the rights and remedies
of a party in private litigation.
(5) This section applies only to recordings that were
initially fixed before February 15, 1972. [1991 c 38 § 2;
1974 ex.s. c 100 § 2.]
[Title 19 RCW—page 29]
19.25.030
Title 19 RCW: Business Regulations—Miscellaneous
19.25.030 Use of recording of live performance
without consent of owner unlawful—Fine and penalty.
(1) A person commits an offense if the person:
(a) For commercial advantage or private financial gain
advertises, offers for sale, sells, rents, transports, causes the
sale, resale, rental, or transportation of or possesses for one
or more of these purposes a recording of a live performance
with the knowledge that the live performance has been
recorded or fixed without the consent of the owner; or
(b) With the intent to sell for commercial advantage or
private financial gain records or fixes or causes to be
recorded or fixed on a recording a live performance with the
knowledge that the live performance has been recorded or
fixed without the consent of the owner.
(2) An offense under this section is a felony punishable
by:
(a) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than ten years, or both,
if:
(i) The offense involves at least one thousand unauthorized recordings embodying sound or at least one hundred
unauthorized audiovisual recordings during a one hundred
eighty-day period; or
(ii) The defendant has been previously convicted under
this section; or
(b) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both,
if the offense involves more than one hundred but less than
one thousand unauthorized recordings embodying sound or
more than ten but less than one hundred unauthorized
audiovisual recordings during a one hundred eighty-day
period.
(3) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twentyfive thousand dollars, imprisonment for not more than one
year, or both.
(4) In the absence of a written agreement or law to the
contrary, the performer or performers of a live performance
are presumed to own the rights to record or fix those sounds.
(5) For the purposes of this section, a person who is
authorized to maintain custody and control over business
records that reflect whether or not the owner of the live
performance consented to having the live performance
recorded or fixed is a competent witness in a proceeding
regarding the issue of consent.
(6) This section does not affect the rights and remedies
of a party in private litigation. [1991 c 38 § 3; 1974 ex.s. c
100 § 3.]
(a) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than ten years, or both,
if:
(i) The offense involves at least one hundred unauthorized recordings during a one hundred eighty-day period; or
(ii) The defendant has been previously convicted under
this section;
(b) A fine of not more than two hundred fifty thousand
dollars, imprisonment for not more than five years, or both,
if the offense involves more than ten but less than one
hundred unauthorized recordings during a one hundred
eighty-day period.
(3) Any other offense under this section is a gross
misdemeanor punishable by a fine of not more than twentyfive thousand dollars, imprisonment for not more than one
year, or both.
(4) This section does not affect the rights and remedies
of a party in private litigation. [1991 c 38 § 4; 1974 ex.s. c
100 § 4.]
19.25.040 Failure to disclose origin of certain
recordings unlawful—Fine and penalty. (1) A person is
guilty of failure to disclose the origin of a recording when,
for commercial advantage or private financial gain, the
person knowingly advertises, or offers for sale, resale, or
rent, or sells or resells, or rents, leases, or lends, or possesses
for any of these purposes, any recording which does not
contain the true name and address of the manufacturer in a
prominent place on the cover, jacket, or label of the recording.
(2) An offense under this section is a felony punishable
by:
19.25.810 Chapter not applicable to certain
nonrecorded broadcast use. This chapter shall not be
applicable to any recording that is received in the ordinary
course of a broadcast by a commercial or educational radio
or television station where no recording is made of the
broadcast. [1991 c 38 § 7.]
[Title 19 RCW—page 30]
19.25.050 Contraband recordings—Disposition,
forfeiture, penalty. (1) All recordings which have been
fixed transferred, or possessed without the consent of the
owner in violation of RCW 19.25.020 or 19.25.030, and any
recording which does not contain the true name and address
of the manufacturer in violation of RCW 19.25.040 shall be
deemed to be contraband. The court shall order the seizure,
forfeiture, and destruction or other disposition of such
contraband.
(2) The owner or the prosecuting attorney may institute
proceedings to forfeit contraband recordings. The provisions
of this subsection shall apply to any contraband recording,
regardless of lack of knowledge or intent on the part of the
possessor, retail seller, manufacturer, or distributor.
(3) Whenever a person is convicted of a violation under
this chapter, the court, in its judgment of conviction, shall,
in addition to the penalty therein prescribed, order the
forfeiture and destruction or other disposition of all contraband recordings and any and all electronic, mechanical, or
other devices for manufacturing, reproducing, packaging, or
assembling such recordings, which were used to facilitate
any violation of this chapter. [1991 c 38 § 5.]
19.25.800 Chapter not applicable to broadcast by
commercial or educational radio or television. This
chapter shall not be applicable to any recording that is used
or intended to be used only for broadcast by commercial or
educational radio or television stations. [1991 c 38 § 6.]
19.25.820 Chapter not applicable to defined public
record. This chapter shall not be applicable to any recording defined as a public record of any court, legislative body,
or proceedings of any public body, whether or not a fee is
charged or collected for copies. [1991 c 38 § 8.]
(2002 Ed.)
Reproduced Sound Recordings
19.25.900 Severability—1974 ex.s. c 100. If any
provision of this 1974 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 100 § 5.]
19.25.901 Severability—1991 c 38. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 38 § 9.]
Chapter 19.27
STATE BUILDING CODE
Sections
19.27.010
19.27.015
19.27.020
19.27.031
19.27.035
19.27.040
Short title.
Definitions.
Purposes—Objectives—Standards.
State building code—Adoption—Conflicts—Opinions.
Process for review.
Cities and counties authorized to amend state building
code—Limitations.
19.27.042 Cities and counties—Emergency exemptions for housing for
indigent persons.
19.27.050 Enforcement.
19.27.060 Local building regulations superseded—Exceptions.
19.27.065 Exemption—Temporary growing structures used for commercial production of horticultural plants.
19.27.067 Temporary worker housing—Exemption—Standards.
19.27.070 State building code council—Established—Membership—
Travel expenses—Administrative, clerical assistance.
19.27.074 State building code council—Duties—Public meetings—
Timing of code changes.
19.27.080 Chapters of RCW not affected.
19.27.085 Building code council account—Building permit fee.
19.27.090 Local jurisdictions reserved.
19.27.095 Building permit application—Consideration—Requirements.
19.27.097 Building permit application—Evidence of adequate water
supply—Applicability—Exemption.
19.27.100 Cities, towns, counties may impose fees different from state
building code.
19.27.110 Uniform fire code—Administration and enforcement by
counties, other political subdivisions and municipal
corporations—Fees.
19.27.111 RCW 19.27.080 not affected.
19.27.113 Fire extinguishers for certain school buildings.
19.27.120 Buildings or structures having special historical or architectural significance—Exception.
19.27.140 Copy of permit to county assessor.
19.27.150 Report to department of community, trade, and economic
development.
19.27.160 Counties with populations of from five thousand to less than
ten thousand—Ordinance reenactment.
19.27.170 Water conservation performance standards—Testing and
identifying fixtures that meet standards—Marking and
labeling fixtures.
19.27.175 Recycled materials—Study code and adopt changes.
19.27.180 Residential buildings moved into a city or county—
Applicability of building codes and electrical installation
requirements.
19.27.190 Indoor air quality—Interim and final requirements for maintenance.
19.27.490 Fish habitat enhancement project.
Building permits: RCW 36.21.070 and 36.21.080.
Counties
adoption of building, plumbing, electrical codes, etc: RCW 36.32.120(7).
building codes: Chapter 36.43 RCW.
Energy-related building standards: Chapter 19.27A RCW.
Underground storage tanks: RCW 90.76.020.
(2002 Ed.)
19.25.900
19.27.010 Short title. This chapter shall be known as
the State Building Code Act. [1974 ex.s. c 96 § 1.]
19.27.015 Definitions. As used in this chapter:
(1) "City" means a city or town;
(2) "Multifamily residential building" means common
wall residential buildings that consist of four or fewer units,
that do not exceed two stories in height, that are less than
five thousand square feet in area, and that have a one-hour
fire-resistive occupancy separation between units; and
(3) "Temporary growing structure" means a structure
that has the sides and roof covered with polyethylene,
polyvinyl, or similar flexible synthetic material and is used
to provide plants with either frost protection or increased
heat retention. [1996 c 157 § 1; 1985 c 360 § 1.]
Effective date—1996 c 157: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 25, 1996]." [1996 c 157 § 3.]
19.27.020 Purposes—Objectives—Standards. The
purpose of this chapter is to promote the health, safety and
welfare of the occupants or users of buildings and structures
and the general public by the provision of building codes
throughout the state. Accordingly, this chapter is designed
to effectuate the following purposes, objectives, and standards:
(1) To require minimum performance standards and
requirements for construction and construction materials,
consistent with accepted standards of engineering, fire and
life safety.
(2) To require standards and requirements in terms of
performance and nationally accepted standards.
(3) To permit the use of modern technical methods,
devices and improvements.
(4) To eliminate restrictive, obsolete, conflicting,
duplicating and unnecessary regulations and requirements
which could unnecessarily increase construction costs or
retard the use of new materials and methods of installation
or provide unwarranted preferential treatment to types or
classes of materials or products or methods of construction.
(5) To provide for standards and specifications for
making buildings and facilities accessible to and usable by
physically disabled persons.
(6) To consolidate within each authorized enforcement
jurisdiction, the administration and enforcement of building
codes. [1985 c 360 § 6; 1974 ex.s. c 96 § 2.]
19.27.031 State building code—Adoption—
Conflicts—Opinions. Except as otherwise provided in this
chapter, there shall be in effect in all counties and cities the
state building code which shall consist of the following
codes which are hereby adopted by reference:
(1) Uniform Building Code and Uniform Building Code
Standards, published by the International Conference of
Building Officials;
(2) Uniform Mechanical Code, including Chapter 13,
Fuel Gas Piping, Appendix B, published by the International
Conference of Building Officials;
(3) The Uniform Fire Code and Uniform Fire Code
Standards, published by the International Fire Code Institute:
[Title 19 RCW—page 31]
19.27.031
Title 19 RCW: Business Regulations—Miscellaneous
PROVIDED, That, notwithstanding any wording in this code,
participants in religious ceremonies shall not be precluded
from carrying hand-held candles;
(4) Except as provided in RCW 19.27.170, the Uniform
Plumbing Code and Uniform Plumbing Code Standards,
published by the International Association of Plumbing and
Mechanical Officials: PROVIDED, That chapters 11 and 12
of such code are not adopted; and
(5) The rules and regulations adopted by the council
establishing standards for making buildings and facilities
accessible to and usable by the physically handicapped or
elderly persons as provided in RCW 70.92.100 through
70.92.160.
In case of conflict among the codes enumerated in
subsections (1), (2), (3), and (4) of this section, the first
named code shall govern over those following.
The codes enumerated in this section shall be adopted
by the council as provided in RCW 19.27.074.
The council may issue opinions relating to the codes at
the request of a local official charged with the duty to
enforce the enumerated codes. [1995 c 343 § 1. Prior:
1989 c 348 § 9; 1989 c 266 § 1; 1985 c 360 § 5.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
19.27.035 Process for review. The building code
council shall, within one year of July 23, 1989, adopt a
process for the review of proposed statewide amendments to
the codes enumerated in RCW 19.27.031, and proposed or
enacted local amendments to the codes enumerated in RCW
19.27.031 as amended and adopted by the state building
code council. [1989 c 266 § 6.]
19.27.040 Cities and counties authorized to amend
state building code—Limitations. The governing body of
each county or city is authorized to amend the state building
code as it applies within the jurisdiction of the county or
city. The minimum performance standards of the codes and
the objectives enumerated in RCW 19.27.020 shall not be
diminished by any county or city amendments.
Nothing in this chapter shall authorize any modifications
of the requirements of chapter 70.92 RCW. [1990 c 2 § 11;
1985 c 360 § 8; 1977 ex.s. c 14 § 12; 1974 ex.s. c 96 § 4.]
Effective dates—1990 c 2: "Sections 1 through 4, 6, 7, 9, and 10 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect March 1, 1990. Sections 11 and 12 of this
act shall take effect January 1, 1991. Section 8 of this act shall take effect
July 1, 1991." [1990 c 2 § 14.]
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27.042 Cities and counties—Emergency exemptions for housing for indigent persons. (1) Effective
January 1, 1992, the legislative authorities of cities and
counties may adopt an ordinance or resolution to exempt
from state building code requirements buildings whose
character of use or occupancy has been changed in order to
provide housing for indigent persons. The ordinance or
resolution allowing the exemption shall include the following
conditions:
[Title 19 RCW—page 32]
(a) The exemption is limited to existing buildings
located in this state;
(b) Any code deficiencies to be exempted pose no threat
to human life, health, or safety;
(c) The building or buildings exempted under this
section are owned or administered by a public agency or
nonprofit corporation; and
(d) The exemption is authorized for no more than five
years on any given building. An exemption for a building
may be renewed if the requirements of this section are met
for each renewal.
(2) By January 1, 1992, the state building code council
shall adopt by rule, guidelines for cities and counties
exempting buildings under subsection (1) of this section.
[1991 c 139 § 1.]
19.27.050 Enforcement. The state building code
required by this chapter shall be enforced by the counties
and cities. Any county or city not having a building
department shall contract with another county, city, or
inspection agency approved by the county or city for
enforcement of the state building code within its jurisdictional boundaries. [1985 c 360 § 9; 1974 ex.s. c 96 § 5.]
19.27.060 Local building regulations superseded—
Exceptions. (1) The governing bodies of counties and cities
may amend the codes enumerated in RCW 19.27.031 as
amended and adopted by the state building code council as
they apply within their respective jurisdictions, but the
amendments shall not result in a code that is less than the
minimum performance standards and objectives contained in
the state building code.
(a) No amendment to a code enumerated in RCW
19.27.031 as amended and adopted by the state building
code council that affects single family or multifamily residential buildings shall be effective unless the amendment is
approved by the building code council under RCW
19.27.074(1)(b).
(b) Any county or city amendment to a code enumerated
in RCW 19.27.031 which is approved under RCW
19.27.074(1)(b) shall continue to be effective after any action
is taken under RCW 19.27.074(1)(a) without necessity of
reapproval under RCW 19.27.074(1)(b) unless the amendment is declared null and void by the council at the time any
action is taken under RCW 19.27.074(1)(a) because such
action in any way altered the impact of the amendment.
(2) Except as permitted or provided otherwise under this
section, the state building code shall be applicable to all
buildings and structures including those owned by the state
or by any governmental subdivision or unit of local government.
(3) The governing body of each county or city may
limit the application of any portion of the state building code
to exclude specified classes or types of buildings or structures according to use other than single family or multifamily residential buildings. However, in no event shall fruits or
vegetables of the tree or vine stored in buildings or warehouses constitute combustible stock for the purposes of
application of the uniform fire code. A governing body of
a county or city may inspect facilities used for temporary
storage and processing of agricultural commodities.
(2002 Ed.)
State Building Code
(4) The provisions of this chapter shall not apply to any
building four or more stories high with a B occupancy as
defined by the uniform building code, 1982 edition, and with
a city fire insurance rating of 1, 2, or 3 as defined by a
recognized fire rating bureau or organization.
(5) No provision of the uniform fire code concerning
roadways shall be part of the state building code: PROVIDED, That this subsection shall not limit the authority of a
county or city to adopt street, road, or access standards.
(6) The provisions of the state building code may be
preempted by any city or county to the extent that the code
provisions relating to the installation or use of sprinklers in
jail cells conflict with the secure and humane operation of
jails.
(7)(a) Effective one year after July 23, 1989, the
governing bodies of counties and cities may adopt an
ordinance or resolution to exempt from permit requirements
certain construction or alteration of either group R, division
3, or group M, division 1 occupancies, or both, as defined in
the uniform building code, 1988 edition, for which the total
cost of fair market value of the construction or alteration
does not exceed fifteen hundred dollars. The permit exemption shall not otherwise exempt the construction or alteration
from the substantive standards of the codes enumerated in
RCW 19.27.031, as amended and maintained by the state
building code council under RCW 19.27.070.
(b) Prior to July 23, 1989, the state building code
council shall adopt by rule, guidelines exempting from
permit requirements certain construction and alteration
activities under (a) of this subsection. [2002 c 135 § 1.
Prior: 1989 c 266 § 2; 1989 c 246 § 1; 1987 c 462 § 12;
1986 c 118 § 15; 1985 c 360 § 10; 1981 2nd ex.s. c 12 § 5;
1980 c 64 § 1; 1975 1st ex.s. c 282 § 2; 1974 ex.s. c 96 §
6.]
Effective dates—1987 c 462: See note following RCW 13.04.116.
19.27.065 Exemption—Temporary growing structures used for commercial production of horticultural
plants. The provisions of this chapter do not apply to
temporary growing structures used solely for the commercial
production of horticultural plants including ornamental
plants, flowers, vegetables, and fruits. A temporary growing
structure is not considered a building for purposes of this
chapter. [1996 c 157 § 2.]
Effective date—1996 c 157: See note following RCW 19.27.015.
19.27.067
Temporary worker housing—
Exemption—Standards. (1) Temporary worker housing
shall be constructed, altered, or repaired as provided in
chapter 70.114A RCW and chapter 37, Laws of 1998. The
construction, alteration, or repair of temporary worker
housing is not subject to the codes adopted under RCW
19.27.031, except as provided by rule adopted under chapter
70.114A RCW or chapter 37, Laws of 1998.
(2) For the purpose of this section, "temporary worker
housing" has the same meaning as provided in RCW
70.114A.020.
(3) This section is applicable to temporary worker
housing as of the date of the final adoption of the temporary
worker building code by the department of health under
RCW 70.114A.081. [1998 c 37 § 1.]
(2002 Ed.)
19.27.060
19.27.070
State building code council—
Established—Membership—Travel expenses—
Administrative, clerical assistance. There is hereby
established a state building code council to be appointed by
the governor.
(1) The state building code council shall consist of
fifteen members, two of whom shall be county elected
legislative body members or elected executives and two of
whom shall be city elected legislative body members or
mayors. One of the members shall be a local government
building code enforcement official and one of the members
shall be a local government fire service official. Of the
remaining nine members, one member shall represent general
construction, specializing in commercial and industrial
building construction; one member shall represent general
construction, specializing in residential and multifamily
building construction; one member shall represent the
architectural design profession; one member shall represent
the structural engineering profession; one member shall
represent the mechanical engineering profession; one
member shall represent the construction building trades; one
member shall represent manufacturers, installers, or suppliers
of building materials and components; one member shall be
a person with a physical disability and shall represent the
disability community; and one member shall represent the
general public. At least six of these fifteen members shall
reside east of the crest of the Cascade mountains. The
council shall include: Two members of the house of
representatives appointed by the speaker of the house, one
from each caucus; two members of the senate appointed by
the president of the senate, one from each caucus; and an
employee of the electrical division of the department of labor
and industries, as ex officio, nonvoting members with all
other privileges and rights of membership. Terms of office
shall be for three years. The council shall elect a member
to serve as chair of the council for one-year terms of office.
Any member who is appointed by virtue of being an elected
official or holding public employment shall be removed from
the council if he or she ceases being such an elected official
or holding such public employment. Before making any
appointments to the building code council, the governor shall
seek nominations from recognized organizations which
represent the entities or interests listed in this subsection.
Members serving on the council on July 28, 1985, may
complete their terms of office. Any vacancy shall be filled
by alternating appointments from governmental and nongovernmental entities or interests until the council is constituted
as required by this subsection.
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(3) The department of community, trade, and economic
development shall provide administrative and clerical
assistance to the building code council. [1995 c 399 § 8;
1989 c 246 § 2; 1987 c 505 § 7; 1985 c 360 § 11; 1984 c
287 § 55; 1975-’76 2nd ex.s. c 34 § 59; 1974 ex.s. c 96 §
7.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
[Title 19 RCW—page 33]
19.27.074
Title 19 RCW: Business Regulations—Miscellaneous
19.27.074 State building code council—Duties—
Public meetings—Timing of code changes. (1) The state
building code council shall:
(a) Adopt and maintain the codes to which reference is
made in RCW 19.27.031 in a status which is consistent with
the state’s interest as set forth in RCW 19.27.020. In
maintaining these codes, the council shall regularly review
updated versions of the codes referred to in RCW 19.27.031
and other pertinent information and shall amend the codes as
deemed appropriate by the council;
(b) Approve or deny all county or city amendments to
any code referred to in RCW 19.27.031 to the degree the
amendments apply to single family or multifamily residential
buildings;
(c) As required by the legislature, develop and adopt
any codes relating to buildings; and
(d) Propose a budget for the operation of the state
building code council to be submitted to the office of
financial management pursuant to RCW 43.88.090.
(2) The state building code council may:
(a) Appoint technical advisory committees which may
include members of the council;
(b) Employ permanent and temporary staff and contract
for services; and
(c) Conduct research into matters relating to any code
or codes referred to in RCW 19.27.031 or any related matter.
All meetings of the state building code council shall be
open to the public under the open public meetings act,
chapter 42.30 RCW. All actions of the state building code
council which adopt or amend any code of statewide
applicability shall be pursuant to the administrative procedure act, chapter 34.05 RCW.
All council decisions relating to the codes enumerated
in RCW 19.27.031 shall require approval by at least a
majority of the members of the council.
All decisions to adopt or amend codes of statewide
application shall be made prior to December 1 of any year
and shall not take effect before the end of the regular
legislative session in the next year. [1989 c 266 § 3; 1985
c 360 § 2.]
19.27.080 Chapters of RCW not affected. Nothing
in this chapter affects the provisions of chapters 19.28,
43.22, 70.77, 70.79, 70.87, 48.48, 18.20, 18.46, 18.51,
28A.305, 70.41, 70.62, 70.75, 70.108, 71.12, 74.15, 70.94,
76.04, 90.76 RCW, or RCW 28A.195.010, or grants rights
to duplicate the authorities provided under chapters 70.94 or
76.04 RCW. [1990 c 33 § 555; 1989 c 346 § 19; 1975 1st
ex.s. c 282 § 1; 1974 ex.s. c 96 § 8.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Captions—Severability—Effective date—1989 c 346: See RCW
90.76.900 through 90.76.902.
19.27.085 Building code council account—Building
permit fee. (1) There is hereby created the building code
council account in the state treasury. Moneys deposited into
the account shall be used by the building code council, after
appropriation, to perform the purposes of the council.
(2) All moneys collected under subsection (3) of this
section shall be deposited into the building code council
[Title 19 RCW—page 34]
account. Every four years the state treasurer shall report to
the legislature on the balances in the account so that the
legislature may adjust the charges imposed under subsection
(3) of this section.
(3) There is imposed a fee of four dollars and fifty cents
on each building permit issued by a county or a city, plus an
additional surcharge of two dollars for each residential unit,
but not including the first unit, on each building containing
more than one residential unit. Quarterly each county and
city shall remit moneys collected under this section to the
state treasury; however, no remittance is required until a
minimum of fifty dollars has accumulated pursuant to this
subsection. [1989 c 256 § 1; 1985 c 360 § 4.]
19.27.090 Local jurisdictions reserved. Local land
use and zoning requirements, building setbacks, side and
rear-yard requirements, site development, property line
requirements, requirements adopted by counties or cities pursuant to chapter 58.17 RCW, snow load requirements, wind
load requirements, and local fire zones are specifically
reserved to local jurisdictions notwithstanding any other
provision of this chapter. [1989 c 266 § 5; 1974 ex.s. c 96
§ 9.]
19.27.095 Building permit application—
Consideration—Requirements. (1) A valid and fully
complete building permit application for a structure, that is
permitted under the zoning or other land use control ordinances in effect on the date of the application shall be
considered under the building permit ordinance in effect at
the time of application, and the zoning or other land use
control ordinances in effect on the date of application.
(2) The requirements for a fully completed application
shall be defined by local ordinance but for any construction
project costing more than five thousand dollars the application shall include, at a minimum:
(a) The legal description, or the tax parcel number
assigned pursuant to RCW 84.40.160, and the street address
if available, and may include any other identification of the
construction site by the prime contractor;
(b) The property owner’s name, address, and phone
number;
(c) The prime contractor’s business name, address,
phone number, current state contractor registration number;
and
(d) Either:
(i) The name, address, and phone number of the office
of the lender administering the interim construction financing, if any; or
(ii) The name and address of the firm that has issued a
payment bond, if any, on behalf of the prime contractor for
the protection of the owner, if the bond is for an amount not
less than fifty percent of the total amount of the construction
project.
(3) The information required on the building permit
application by subsection (2)(a) through (d) of this section
shall be set forth on the building permit document which is
issued to the owner, and on the inspection record card which
shall be posted at the construction site.
(4) The information required by subsection (2) of this
section and information supplied by the applicant after the
(2002 Ed.)
State Building Code
permit is issued under subsection (5) of this section shall be
kept on record in the office where building permits are
issued and made available to any person on request. If a
copy is requested, a reasonable charge may be made.
(5) If any of the information required by subsection
(2)(d) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if
the information had been supplied, and the lack of the
information shall not cause the application to be deemed
incomplete for the purposes of vesting under subsection (1)
of this section. However, the applicant shall provide the
remaining information as soon as the applicant can reasonably obtain such information.
(6) The limitations imposed by this section shall not
restrict conditions imposed under chapter 43.21C RCW.
[1991 c 281 § 27; 1987 c 104 § 1.]
Liberal construction—Effective date, application—1991 c 281: See
RCW 60.04.900 and 60.04.902.
19.27.097 Building permit application—Evidence of
adequate water supply—Applicability—Exemption. (1)
Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate
water supply for the intended use of the building. Evidence
may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor
stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In
addition to other authorities, the county or city may impose
conditions on building permits requiring connection to an
existing public water system where the existing system is
willing and able to provide safe and reliable potable water to
the applicant with reasonable economy and efficiency. An
application for a water right shall not be sufficient proof of
an adequate water supply.
(2) Within counties not required or not choosing to plan
pursuant to RCW 36.70A.040, the county and the state may
mutually determine those areas in the county in which the
requirements of subsection (1) of this section shall not apply.
The departments of health and ecology shall coordinate on
the implementation of this section. Should the county and
the state fail to mutually determine those areas to be designated pursuant to this subsection, the county may petition the
department of community, trade, and economic development
to mediate or, if necessary, make the determination.
(3) Buildings that do not need potable water facilities
are exempt from the provisions of this section. The department of ecology, after consultation with local governments,
may adopt rules to implement this section, which may recognize differences between high-growth and low-growth
counties. [1995 c 399 § 9; 1991 sp.s. c 32 § 28; 1990 1st
ex.s. c 17 § 63.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
19.27.100 Cities, towns, counties may impose fees
different from state building code. Nothing in this chapter
shall prohibit a city, town, or county of the state from
(2002 Ed.)
19.27.095
imposing fees different from those set forth in the state
building code. [1975 1st ex.s. c 8 § 1.]
19.27.110 Uniform fire code—Administration and
enforcement by counties, other political subdivisions and
municipal corporations—Fees. Each county government
shall administer and enforce the uniform fire code in the
unincorporated areas of the county: PROVIDED, That any
political subdivision or municipal corporation providing fire
protection pursuant to RCW 14.08.120 shall, at its sole option, be responsible for administration and enforcement of
the uniform fire code on its facility. Any fire protection
district or political subdivision may, pursuant to chapter
39.34 RCW, the interlocal cooperation act, assume all or a
portion of the administering responsibility and coordinate
and cooperate with the county government in the enforcement of the uniform fire code.
It is not the intent of RCW 19.27.110 and 19.27.111 to
preclude or limit the authority of any city, town, county, fire
protection district, state agency, or political subdivision from
engaging in those fire prevention activities with which they
are charged.
It is not the intent of the legislature by adopting the
state building code or RCW 19.27.110 and 19.27.111 to
grant counties any more power to suppress or extinguish
fires than counties currently possess under the Constitution
or other statutes.
Each county is authorized to impose fees sufficient to
pay the cost of inspections, administration, and enforcement
pursuant to RCW 19.27.110 and 19.27.111. [1975-’76 2nd
ex.s. c 37 § 1.]
19.27.111 RCW 19.27.080 not affected. Nothing in
RCW 19.27.110 shall affect the provisions of RCW
19.27.080. [1975-’76 2nd ex.s. c 37 § 2.]
19.27.113 Fire extinguishers for certain school
buildings. The building code council shall adopt rules by
December 1, 1991, requiring that all buildings classed as E-1
occupancies, as defined in the state building code, except
portable school classrooms, constructed after July 28, 1991,
be provided with an automatic fire-extinguishing system.
Rules adopted by the council shall consider applicable
nationally recognized fire and building code standards and
local conditions.
By December 15, 1991, the council shall transmit to the
superintendent of public instruction, the state board of
education, and the fire protection policy board copies of the
rules as adopted. The superintendent of public instruction,
the state board of education, and the fire protection policy
board shall respond to the council by February 15, 1992,
with any recommended changes to the rule. If changes are
recommended the council shall immediately consider those
changes to the rules through its rule-making procedures.
The rules shall be effective on July 1, 1992. [1991 c 170 §
1.]
Schools—Standards for fire prevention and safety: RCW 48.48.045.
19.27.120 Buildings or structures having special
historical or architectural significance—Exception. (1)
Repairs, alterations, and additions necessary for the preserva[Title 19 RCW—page 35]
19.27.120
Title 19 RCW: Business Regulations—Miscellaneous
tion, restoration, rehabilitation, strengthening, or continued
use of a building or structure may be made without
conformance to all of the requirements of the codes adopted
under RCW 19.27.031, when authorized by the appropriate
building official under the rules adopted under subsection (2)
of this section, provided:
(a) The building or structure: (i) Has been designated
by official action of a legislative body as having special
historical or architectural significance, or (ii) is an
unreinforced masonry building or structure on the state or
the national register of historic places, or is potentially
eligible for placement on such registers; and
(b) The restored building or structure will be less
hazardous, based on life and fire risk, than the existing
building.
(2) The state building code council shall adopt rules,
where appropriate, to provide alternative methods to those
otherwise required under this chapter for repairs, alterations,
and additions necessary for preservation, restoration, rehabilitation, strengthening, or continued use of buildings and
structures identified under subsection (1) of this section.
[1985 c 360 § 13; 1975-’76 2nd ex.s. c 11 § 1.]
19.27.140 Copy of permit to county assessor. A
copy of any permit obtained under the state building code
for construction or alteration work of a total cost or fair
market value in excess of five hundred dollars, shall be
transmitted by the issuing authority to the county assessor of
the county where the property on which the construction or
alteration work is located. The building permit shall contain
the county assessor’s parcel number. [1989 c 246 § 5.]
19.27.150 Report to department of community,
trade, and economic development. Every month a copy of
the United States department of commerce, bureau of the
census’ "report of building or zoning permits issued and
local public construction" or equivalent report shall be
transmitted by the governing bodies of counties and cities to
the department of community, trade, and economic development. [1995 c 399 § 10; 1989 c 246 § 6.]
19.27.160 Counties with populations of from five
thousand to less than ten thousand—Ordinance reenactment. Any county with a population of from five thousand
to less than ten thousand that had in effect on July 1, 1985,
an ordinance or resolution authorizing and regulating the
construction of owner-built residences may reenact such an
ordinance or resolution if the ordinance or resolution is
reenacted before September 30, 1989. After reenactment,
the county shall transmit a copy of the ordinance or resolution to the state building code council. [1991 c 363 § 16;
1989 c 246 § 7.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
19.27.170 Water conservation performance standards—Testing and identifying fixtures that meet standards—Marking and labeling fixtures. (1) The state
building code council shall adopt rules under chapter 34.05
RCW that implement and incorporate the water conservation
performance standards in subsections (4) and (5) of this
[Title 19 RCW—page 36]
section. These standards shall apply to all new construction
and all remodeling involving replacement of plumbing
fixtures in all residential, hotel, motel, school, industrial,
commercial use, or other occupancies determined by the
council to use significant quantities of water.
(2) The legislature recognizes that a phasing-in approach
to these new standards is appropriate. Therefore, standards
in subsection (4) of this section shall take effect on July 1,
1990. The standards in subsection (5) of this section shall
take effect July 1, 1993.
(3) No individual, public or private corporation, firm,
political subdivision, government agency, or other legal
entity may, for purposes of use in this state, distribute, sell,
offer for sale, import, install, or approve for installation any
plumbing fixtures unless the fixtures meet the standards as
provided for in this section.
(4) Standards for water use efficiency effective July 1,
1990.
(a) Standards for waterclosets. The guideline for
maximum water use allowed in gallons per flush (gpf) for
any of the following waterclosets is the following:
Tank-type toilets . . . . . . . . . . . . . . . . . 3.5 gpf.
Flushometer-valve toilets . . . . . . . . . . . 3.5 gpf.
Flushometer-tank toilets . . . . . . . . . . . . 3.5 gpf.
Electromechanical hydraulic toilets . . . . 3.5 gpf.
(b) Standard for urinals. The guideline for maximum
water use allowed for any urinal is 3.0 gallons per flush.
(c) Standard for showerheads. The guideline for
maximum water use allowed for any showerhead is 3.0
gallons per minute.
(d) Standard for faucets. The guideline for maximum
water use allowed in gallons per minute (gpm) for any of the
following faucets and replacement aerators is the following:
Bathroom faucets . . . . . . . . . . . . . . . . 3.0 gpm.
Lavatory faucets . . . . . . . . . . . . . . . . 3.0 gpm.
Kitchen faucets . . . . . . . . . . . . . . . . . 3.0 gpm.
Replacement aerators . . . . . . . . . . . . . 3.0 gpm.
(e) Except where designed and installed for use by the
physically handicapped, lavatory faucets located in restrooms
intended for use by the general public must be equipped with
a metering valve designed to close by spring or water
pressure when left unattended (self-closing).
(f) No urinal or watercloset that operates on a continuous flow or continuous flush basis shall be permitted.
(5) Standards for water use efficiency effective July 1,
1993.
(a) Standards for waterclosets. The guideline for
maximum water use allowed in gallons per flush (gpf) for
any of the following waterclosets is the following:
Tank-type toilets . . . . . . . . . . . . . . . . . 1.6 gpf.
Flushometer-tank toilets . . . . . . . . . . . . 1.6 gpf.
Electromechanical hydraulic toilets . . . . 1.6 gpf.
(b) Standards for urinals. The guideline for maximum
water use allowed for any urinal is 1.0 gallons per flush.
(c) Standards for showerheads. The guideline for
maximum water use allowed for any showerhead is 2.5
gallons per minute.
(d) Standards for faucets. The guideline for maximum
water use allowed in gallons per minute for any of the
following faucets and replacement aerators is the following:
Bathroom faucets . . . . . . . . . . . . . . . . 2.5 gpm.
Lavatory faucets . . . . . . . . . . . . . . . . 2.5 gpm.
(2002 Ed.)
State Building Code
Kitchen faucets . . . . . . . . . . . . . . . . . 2.5 gpm.
Replacement aerators . . . . . . . . . . . . . 2.5 gpm.
(e) Except where designed and installed for use by the
physically handicapped, lavatory faucets located in restrooms
intended for use by the general public must be equipped with
a metering valve designed to close by water pressure when
unattended (self-closing).
(f) No urinal or watercloset that operates on a continuous flow or continuous basis shall be permitted.
(6) The building code council shall establish methods
and procedures for testing and identifying fixtures that meet
the standards established in subsection (5) of this section.
The council shall use the testing standards designated as
American national standards, written under American
national standards institute procedures or other widely
recognized national testing standards. The council shall
either review test results from independent testing laboratories that are submitted by manufacturers of plumbing fixtures
or accept data submitted to and evaluated by the international association of plumbing and mechanical officials. The
council shall publish and widely distribute a current list of
fixtures that meet the standards established in subsection (5)
of this section.
(7) The building code council shall adopt rules for
marking and labeling fixtures meeting the standards established in subsection (5) of this section.
(8) This section shall not apply to fixtures installed
before July 28, 1991, that are removed and relocated to
another room or area of the same building after July 28,
1991, nor shall it apply to fixtures, as determined by the
council, that in order to perform a specialized function,
cannot meet the standards specified in this section.
(9) The water conservation performance standards shall
supersede all local government codes. After July 1, 1990,
cities, towns, and counties shall not amend the code revisions and standards established under subsection (4) or (5)
of this section. [1991 c 347 § 16; 1989 c 348 § 8.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
19.27.175 Recycled materials—Study code and
adopt changes. The state building code council, in consultation with the department of ecology and local governments,
shall conduct a study of the state building code, and adopt
changes as necessary to encourage greater use of recycled
building materials from construction and building demolition
debris, mixed waste paper, waste paint, waste plastics, and
other waste materials. [1991 c 297 § 15.]
Captions not law—1991 c 297: See RCW 43.19A.900.
19.27.180 Residential buildings moved into a city or
county—Applicability of building codes and electrical
installation requirements. (1) Residential buildings or
structures moved into or within a county or city are not
required to comply with all of the requirements of the codes
enumerated in chapters 19.27 and 19.27A RCW, as amended
and maintained by the state building code council and
chapter 19.28 RCW, if the original occupancy classification
(2002 Ed.)
19.27.170
of the building or structure is not changed as a result of the
move.
(2) This section shall not apply to residential structures
or buildings that are substantially remodeled or rehabilitated,
nor to any work performed on a new or existing foundation.
(3) For the purposes of determining whether a moved
building or structure has been substantially remodeled or
rebuilt, any cost relating to preparation, construction, or
renovation of the foundation shall not be considered. [1992
c 79 § 1; 1989 c 313 § 2.]
Finding—1989 c 313: "The legislature finds that moved buildings or
structures can provide affordable housing for many persons of lower
income; that many of the moved structures or buildings were legally built
to the construction standards of their day; and that requiring the moved
building or structure to meet all new construction codes may limit their use
as an affordable housing option for persons of lower income.
The legislature further finds that application of the new construction
code standards to moved structures and buildings present unique difficulties
and that it is the intent of the legislature that any moved structure or
building that meets the codes at the time it was constructed does not need
to comply with any updated state building code unless the structure is
substantially remodeled or rebuilt." [1989 c 313 § 1.]
19.27.190 Indoor air quality—Interim and final
requirements for maintenance. (1)(a) Not later than
January 1, 1991, the state building code council, in consultation with the department of community, trade, and economic
development, shall establish interim requirements for the
maintenance of indoor air quality in newly constructed
residential buildings. In establishing the interim requirements, the council shall take into consideration differences
in heating fuels and heating system types. These requirements shall be in effect July 1, 1991, through June 30, 1993.
(b) The interim requirements for new electrically space
heated residential buildings shall include ventilation standards which provide for mechanical ventilation in areas of
the residence where water vapor or cooking odors are
produced. The ventilation shall be exhausted to the outside
of the structure. The ventilation standards shall further
provide for the capacity to supply outside air to each
bedroom and the main living area through dedicated supply
air inlet locations in walls, or in an equivalent manner. At
least one exhaust fan in the home shall be controlled by a
dehumidistat or clock timer to ensure that sufficient whole
house ventilation is regularly provided as needed.
(c)(i) For new single family residences with electric
space heating systems, zero lot line homes, each unit in a
duplex, and each attached housing unit in a planned unit
development, the ventilation standards shall include fifty
cubic feet per minute of effective installed ventilation
capacity in each bathroom and one hundred cubic feet per
minute of effective installed ventilation capacity in each
kitchen.
(ii) For other new residential units with electric space
heating systems the ventilation standards may be satisfied by
the installation of two exhaust fans with a combined effective installed ventilation capacity of two hundred cubic feet
per minute.
(iii) Effective installed ventilation capacity means the
capability to deliver the specified ventilation rates for the
actual design of the ventilation system. Natural ventilation
and infiltration shall not be considered acceptable substitutes
for mechanical ventilation.
[Title 19 RCW—page 37]
19.27.190
Title 19 RCW: Business Regulations—Miscellaneous
(d) For new residential buildings that are space heated
with other than electric space heating systems, the interim
standards shall be designed to result in indoor air quality
equivalent to that achieved with the interim ventilation
standards for electric space heated homes.
(e) The interim requirements for all newly constructed
residential buildings shall include standards for indoor air
quality pollutant source control, including the following
requirements: All structural panel components of the
residence shall comply with appropriate standards for the
emission of formaldehyde; the back-drafting of combustion
by-products from combustion appliances shall be minimized
through the use of dampers, vents, outside combustion air
sources, or other appropriate technologies; and, in areas of
the state where monitored data indicate action is necessary
to inhibit indoor radon gas concentrations from exceeding
appropriate health standards, entry of radon gas into homes
shall be minimized through appropriate foundation construction measures.
(2) No later than January 1, 1993, the state building
code council, in consultation with the department of community, trade, and economic development, shall establish final
requirements for the maintenance of indoor air quality in
newly constructed residences to be in effect beginning July
1, 1993. For new electrically space heated residential
buildings, these requirements shall maintain indoor air
quality equivalent to that provided by the mechanical ventilation and indoor air pollutant source control requirements
included in the February 7, 1989, Bonneville power administration record of decision for the environmental impact
statement on new energy efficient homes programs
(DOE/EIS-0127F) built with electric space heating. In
residential units other than single family, zero lot line,
duplexes, and attached housing units in planned unit developments, ventilation requirements may be satisfied by the
installation of two exhaust fans with a combined effective
installed ventilation capacity of two hundred cubic feet per
minute. For new residential buildings that are space heated
with other than electric space heating systems, the standards
shall be designed to result in indoor air quality equivalent to
that achieved with the ventilation and source control standards for electric space heated homes. In establishing the
final requirements, the council shall take into consideration
differences in heating fuels and heating system types. [1996
c 186 § 501; 1990 c 2 § 7.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27.490 Fish habitat enhancement project. A fish
habitat enhancement project meeting the criteria of *RCW
75.20.350(1) is not subject to grading permits, inspections,
or fees and shall be reviewed according to the provisions of
*RCW 75.20.350. [1998 c 249 § 14.]
*Reviser’s note: RCW 75.20.350 was recodified as RCW 77.55.290
pursuant to 2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
[Title 19 RCW—page 38]
Chapter 19.27A
ENERGY-RELATED BUILDING STANDARDS
Sections
19.27A.015 State energy code—Minimum and maximum energy code.
19.27A.020 State energy code—Adoption by state building code council—Standards—Preemption of local residential energy
codes.
19.27A.025 Nonresidential buildings—Minimum standards—
Amendments.
19.27A.027 Personal wireless service facilities exempt from building
envelope insulation requirements.
19.27A.035 Payments by electric utilities to owners of residential buildings—Recovery of expenses—Effect of Pacific Northwest electric power planning and conservation act—
Expiration of subsections.
19.27A.045 Maintaining energy code for residential structures.
19.27A.050 State building code council—Construction—Inclusion of
successor agency.
19.27A.060 Hot water heaters—Temperature regulation.
19.27A.065 Study of state building code relating to energy by legislative committees on energy and utilities.
19.27A.070 Intent.
19.27A.080 Definitions.
19.27A.090 Portable oil-fueled heaters—Sales and use—Approval required.
19.27A.100 Portable oil-fueled heaters—Requirements for approval.
19.27A.110 Portable oil-fueled heaters—Jurisdiction over approval—
Sale and use governed exclusively.
19.27A.120 Violations—Penalty.
State building code: Chapter 19.27 RCW.
19.27A.015 State energy code—Minimum and
maximum energy code. Except as provided in RCW
19.27A.020(7), the Washington state energy code for
residential buildings shall be the maximum and minimum
energy code for residential buildings in each city, town, and
county and shall be enforced by each city, town, and county
no later than July 1, 1991. The Washington state energy
code for nonresidential buildings shall be the minimum
energy code for nonresidential buildings enforced by each
city, town, and county. [1990 c 2 § 2.]
Findings—1990 c 2: "The legislature finds that using energy
efficiently in housing is one of the lowest cost ways to meet consumer
demand for energy; that using energy efficiently helps protect citizens of the
state from negative impacts due to changes in energy supply and cost; that
using energy efficiently will help mitigate negative environmental impacts
of energy use and resource development; and that using energy efficiently
will help stretch our present energy resources into the future. The
legislature further finds that the electricity surplus in the Northwest is
dwindling as the population increases and the economy expands, and that
the region will eventually need new sources of electricity generation.
It is declared policy of the state of Washington that energy be used
efficiently. It is the intent of this act to establish residential building
standards that bring about the common use of energy efficient building
methods, and to assure that such methods remain economically feasible and
affordable to purchasers of newly constructed housing." [1990 c 2 § 1.]
Severability—1990 c 2: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1990 c 2 § 13.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
19.27A.020 State energy code—Adoption by state
building code council—Standards—Preemption of local
residential energy codes. (1) No later than January 1,
1991, the state building code council shall adopt rules to be
known as the Washington state energy code as part of the
state building code.
(2002 Ed.)
Energy-Related Building Standards
(2) The council shall follow the legislature’s standards
set forth in this section to adopt rules to be known as the
Washington state energy code. The Washington state energy
code shall be designed to require new buildings to meet a
certain level of energy efficiency, but allow flexibility in
building design, construction, and heating equipment
efficiencies within that framework. The Washington state
energy code shall be designed to allow space heating
equipment efficiency to offset or substitute for building
envelope thermal performance.
(3) The Washington state energy code shall take into
account regional climatic conditions. Climate zone 1 shall
include all counties not included in climate zone 2. Climate
zone 2 includes: Adams, Chelan, Douglas, Ferry, Grant,
Kittitas, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens,
and Whitman counties.
(4) The Washington state energy code for residential
buildings shall require:
(a) New residential buildings that are space heated with
electric resistance heating systems to achieve energy use
equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-38. The code shall
contain an exception which permits single rafter or joist
vaulted ceilings insulated to a level of R-30 (R value
includes insulation only);
(ii) In zone 1, walls insulated to a level of R-19 (R
value includes insulation only), or constructed with two by
four members, R-13 insulation batts, R-3.2 insulated sheathing, and other normal assembly components; in zone 2 walls
insulated to a level of R-24 (R value includes insulation
only), or constructed with two by six members, R-22
insulation batts, R-3.2 insulated sheathing, and other normal
construction assembly components; for the purpose of
determining equivalent thermal performance, the wall Uvalue shall be 0.058 in zone 1 and 0.044 in zone 2;
(iii) Below grade walls, insulated on the interior side, to
a level of R-19 or, if insulated on the exterior side, to a level
of R-10 in zone 1 and R-12 in zone 2 (R value includes
insulation only);
(iv) Floors over unheated spaces insulated to a level of
R-30 (R value includes insulation only);
(v) Slab on grade floors insulated to a level of R-10 at
the perimeter;
(vi) Double glazed windows with values not more than
U-0.4;
(vii) In zone 1 the glazing area may be up to twenty-one
percent of floor area and in zone 2 the glazing area may be
up to seventeen percent of floor area where consideration of
the thermal resistance values for other building components
and solar heat gains through the glazing result in thermal
performance equivalent to that achieved with thermal
resistance values for other components determined in
accordance with the equivalent thermal performance criteria
of (a) of this subsection and glazing area equal to fifteen
percent of the floor area. Throughout the state for the
purposes of determining equivalent thermal performance, the
maximum glazing area shall be fifteen percent of the floor
area; and
(viii) Exterior doors insulated to a level of R-5; or an
exterior wood door with a thermal resistance value of less
than R-5 and values for other components determined in
(2002 Ed.)
19.27A.020
accordance with the equivalent thermal performance criteria
of (a) of this subsection.
(b) New residential buildings which are space-heated
with all other forms of space heating to achieve energy use
equivalent to that used in typical buildings constructed with:
(i) Ceilings insulated to a level of R-30 in zone 1 and
R-38 in zone 2 the code shall contain an exception which
permits single rafter or joist vaulted ceilings insulated to a
level of R-30 (R value includes insulation only);
(ii) Walls insulated to a level of R-19 (R value includes
insulation only), or constructed with two by four members,
R-13 insulation batts, R-3.2 insulated sheathing, and other
normal assembly components;
(iii) Below grade walls, insulated on the interior side, to
a level of R-19 or, if insulated on the exterior side, to a level
of R-10 in zone 1 and R-12 in zone 2 (R value includes
insulation only);
(iv) Floors over unheated spaces insulated to a level of
R-19 in zone 1 and R-30 in zone 2 (R value includes
insulation only);
(v) Slab on grade floors insulated to a level of R-10 at
the perimeter;
(vi) Heat pumps with a minimum heating season
performance factor (HSPF) of 6.8 or with all other energy
sources with a minimum annual fuel utilization efficiency
(AFUE) of seventy-eight percent;
(vii) Double glazed windows with values not more than
U-0.65 in zone 1 and U-0.60 in zone 2. The state building
code council, in consultation with the department of community, trade, and economic development, shall review these Uvalues, and, if economically justified for consumers, shall
amend the Washington state energy code to improve the Uvalues by December 1, 1993. The amendment shall not take
effect until July 1, 1994; and
(viii) In zone 1, the maximum glazing area shall be
twenty-one percent of the floor area. In zone 2 the maximum glazing area shall be seventeen percent of the floor
area. Throughout the state for the purposes of determining
equivalent thermal performance, the maximum glazing area
shall be fifteen percent of the floor area.
(c) The requirements of (b)(ii) of this subsection do not
apply to residences with log or solid timber walls with a
minimum average thickness of three and one-half inches and
with space heat other than electric resistance.
(d) The state building code council may approve an
energy code for pilot projects of residential construction that
use innovative energy efficiency technologies intended to
result in savings that are greater than those realized in the
levels specified in this section.
(5) U-values for glazing shall be determined using the
area weighted average of all glazing in the building. Uvalues for vertical glazing shall be determined, certified, and
labeled in accordance with the appropriate national fenestration rating council (NFRC) standard, as determined and
adopted by the state building code council. Certification of
U-values shall be conducted by a certified, independent
agency licensed by the NFRC. The state building code
council may develop and adopt alternative methods of
determining, certifying, and labeling U-values for vertical
glazing that may be used by fenestration manufacturers if
determined to be appropriate by the council. The state
building code council shall review and consider the adoption
[Title 19 RCW—page 39]
19.27A.020
Title 19 RCW: Business Regulations—Miscellaneous
of the NFRC standards for determining, certifying, and labeling U-values for doors and skylights when developed and
published by the NFRC. The state building code council
may develop and adopt appropriate alternative methods for
determining, certifying, and labeling U-values for doors and
skylights. U-values for doors and skylights determined,
certified, and labeled in accordance with the appropriate
NFRC standard shall be acceptable for compliance with the
state energy code. Sealed insulation glass, where used, shall
conform to, or be in the process of being tested for, ASTM
E-774-81 class A or better.
(6) The minimum state energy code for new nonresidential buildings shall be the Washington state energy code,
1986 edition, as amended.
(7)(a) Except as provided in (b) of this subsection, the
Washington state energy code for residential structures shall
preempt the residential energy code of each city, town, and
county in the state of Washington.
(b) The state energy code for residential structures does
not preempt a city, town, or county’s energy code for
residential structures which exceeds the requirements of the
state energy code and which was adopted by the city, town,
or county prior to March 1, 1990. Such cities, towns, or
counties may not subsequently amend their energy code for
residential structures to exceed the requirements adopted
prior to March 1, 1990.
(8) The state building code council shall consult with
the department of community, trade, and economic development as provided in RCW 34.05.310 prior to publication of
proposed rules. The department of community, trade, and
economic development shall review the proposed rules for
consistency with the guidelines adopted in subsection (4) of
this section. The director of the department of community,
trade, and economic development shall recommend to the
state building code council any changes necessary to
conform the proposed rules to the requirements of this
section. [1998 c 245 § 8; 1996 c 186 § 502; 1994 c 226 §
1; 1990 c 2 § 3; 1985 c 144 § 2; 1979 ex.s. c 76 § 3.
Formerly RCW 19.27.075.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective date—1994 c 226: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 226 § 2.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
Severability—1985 c 144: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 144 § 7.]
19.27A.025 Nonresidential buildings—Minimum
standards—Amendments. (1) The minimum state energy
code for new nonresidential buildings shall be the Washington state energy code, 1986 edition, as amended. The state
building code council may, by rule adopted pursuant to
chapter 34.05 RCW, amend that code’s requirements for new
nonresidential buildings provided that:
(a) Such amendments increase the energy efficiency of
typical newly constructed nonresidential buildings; and
[Title 19 RCW—page 40]
(b) Any new measures, standards, or requirements
adopted must be technically feasible, commercially available,
and cost-effective to building owners and tenants.
(2) In considering amendments to the state energy code
for nonresidential buildings, the state building code council
shall establish and consult with a technical advisory committee including representatives of appropriate state agencies,
local governments, general contractors, building owners and
managers, design professionals, utilities, and other interested
and affected parties.
(3) Decisions to amend the Washington state energy
code for new nonresidential buildings shall be made prior to
December 15th of any year and shall not take effect before
the end of the regular legislative session in the next year.
Any disputed provisions within an amendment presented to
the legislature shall be approved by the legislature before
going into effect. A disputed provision is one which was
adopted by the state building code council with less than a
two-thirds majority vote. Substantial amendments to the
code shall be adopted no more frequently than every three
years. [1991 c 122 § 3.]
Findings—Severability—1991 c 122: See notes following RCW
80.04.250.
19.27A.027 Personal wireless service facilities
exempt from building envelope insulation requirements.
(1) The state building code council shall exempt equipment
shelters of personal wireless service facilities from building
envelope insulation requirements.
(2) For the purposes of this section, "personal wireless
service facilities" means facilities for the provision of
personal wireless services. [1996 c 323 § 4.]
Findings—1996 c 323: See note following RCW 43.70.600.
19.27A.035 Payments by electric utilities to owners
of residential buildings—Recovery of expenses—Effect of
Pacific Northwest electric power planning and conservation act—Expiration of subsections. (1) Electric utilities
shall make payments to the owner at the time of construction
of a newly constructed residential building with electric
resistance space heat built in compliance with the requirements of the Washington state energy code adopted pursuant
to RCW 19.27A.020 or a residential energy code in effect
pursuant to RCW 19.27A.020(7). Payments made under this
section are only required for residences in which the primary
heat source is electric resistance space heat. All or a portion
of the funds for payments may be accepted from federal
agencies or other sources. Payments are required for
residential buildings on which construction has begun on or
after July 1, 1991, and prior to July 1, 1995. Payments in an
amount equal to a fixed sum of at least nine hundred dollars
per single family residence are required for such buildings so
constructed which are single family residences having two
thousand square feet or less of finished floor area. Payments
in an amount equal to a fixed sum of at least three hundred
ninety dollars per multifamily residential unit, are required
for such buildings so constructed which are multifamily
residential units. For purposes of this section, a zero lot line
home and each unit in a duplex and each attached housing
unit in a planned unit development shall each be considered
a single family residence.
(2002 Ed.)
Energy-Related Building Standards
(2) Electric utilities which provide electrical service in
jurisdictions in which the local government has adopted an
energy code not preempted by RCW 19.27A.020(7)(b) shall
make payments as provided in subsection (1) of this section
for residential buildings on which construction has begun on
or after March 1, 1990, and prior to July 1, 1991.
(3) Nothing in this section shall prohibit an electric
utility from providing incentives in excess of the payments
required by this section or from providing additional incentives for energy efficiency measures in excess of those required under RCW 19.27A.020.
(4) This section is null and void if any electric utility
providing electric service to its customers in the state of
Washington purchases at least one percent of its firm energy
load from a federal agency, pursuant to section 5.(b)(1) of
the Pacific Northwest electric power planning and conservation act (P.L. 96-501), and if such electric utility is unable
to obtain from the agency at least fifty percent of the funds
to make the payments required by this section. This
subsection shall expire June 30, 1995.
(5) The utilities and transportation commission shall
provide an appropriate regulatory mechanism which allows
a utility regulated by the commission to recover expenses
incurred by the utility in making payments under this
section.
(6) Subsections (1) through (3) of this section shall
expire July 1, 1996. [1993 c 64 § 2; 1990 c 2 § 4.]
Findings—1993 c 64: "The legislature finds that when new energyefficient residential building codes were enacted in 1990, payments to
certain building owners were required in an effort to offset the higher costs
of more stringent component levels of residences heated with electricity.
The legislature further finds that through the code enacted by the state
building code council it is possible for owners of residences with other
primary heat sources to qualify for these payments even though the costs of
these payments are borne by electricity ratepayers, and that this situation
should be corrected." [1993 c 64 § 1.]
Effective date—1993 c 64: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 19, 1993]." [1993 c 64 § 3.]
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
19.27A.045 Maintaining energy code for residential
structures. The state building code council shall maintain
the state energy code for residential structures in a status
which is consistent with the state’s interest as set forth in
section 1, chapter 2, Laws of 1990. In maintaining the
Washington state energy code for residential structures,
beginning in 1996 the council shall review the Washington
state energy code every three years. After January 1, 1996,
by rule adopted pursuant to chapter 34.05 RCW, the council
may amend any provisions of the Washington state energy
code to increase the energy efficiency of newly constructed
residential buildings. Decisions to amend the Washington
state energy code for residential structures shall be made
prior to December 1 of any year and shall not take effect
before the end of the regular legislative session in the next
year. [1990 c 2 § 5.]
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
(2002 Ed.)
19.27A.035
19.27A.050 State building code council—
Construction—Inclusion of successor agency. As used in
this chapter, references to the state building code council
shall be construed to include any successor agency. [2000
c 171 § 45; 1985 c 144 § 5.]
Severability—1985 c 144: See note following RCW 19.27A.020.
19.27A.060 Hot water heaters—Temperature
regulation. (1) "Hot water heater" means the primary
source of hot water for a residence.
(2) The thermostat of a new water heater offered for
sale or lease in this state for use in a residential unit, shall
be preset by the manufacturer no higher than one hundred
twenty degrees Fahrenheit (or forty-nine degrees Celsius) or
the minimum setting on any water heater which cannot be
set as low as that temperature. Water heating systems may
utilize higher reservoir temperature if mixing valves are set
or systems are designed to restrict the temperature of water
to one hundred twenty degrees Fahrenheit.
(3) Upon occupancy of a new tenant in a residential unit
leased or rented in this state, if hot water is supplied from an
accessible, individual water heater, the water heater shall be
set by the owner or agent at a temperature not higher than
one hundred twenty degrees Fahrenheit (forty-nine degrees
Celsius) or the minimum setting on any water heater which
cannot be set as low as that temperature. Water heating
systems may utilize higher reservoir temperature if mixing
valves are set or systems are designed to restrict the temperature of water to one hundred twenty degrees Fahrenheit.
(4) Nothing in this section shall prohibit an owner of an
owner-occupied residential unit or resident of a leased or
rented residential unit from readjusting the temperature
setting after occupancy. Any readjustment of the temperature setting by the resident relieves the owner or agent of an
individual residential unit and the manufacturer of water
heaters from liability for damages attributed to the readjustment by the resident.
(5) The utility providing energy for any water heater
under this section shall at least annually, include in its billing
a statement:
(a) Recommending that water heaters be set no higher
than one hundred twenty degrees Fahrenheit or the minimum
setting on a water heater which cannot be set as low as that
temperature to prevent severe burns and reduce excessive
energy consumption; and
(b) That the thermostat of an individual water heater
furnished in a residential unit leased or rented in this state to
new tenants shall be set no higher than one hundred twenty
degrees Fahrenheit or the minimum setting on a water heater
which cannot be set as low as that temperature pursuant to
chapter 19.27 RCW.
(6) The manufacturer of a water heater under this
section which is offered for sale or installed after July 24,
1983, shall have a tag attached to the thermostat access plate
or immediately adjacent to exposed thermostats. The tag
shall state that the thermostat settings above the preset
temperature may cause severe burns and consume excessive
energy.
(7) Nothing in this section requires or permits any
inspections other than those otherwise required or permitted
by law.
[Title 19 RCW—page 41]
19.27A.060
Title 19 RCW: Business Regulations—Miscellaneous
(8) This section does not apply to multiple-unit residences supplied by central water heater systems. [1985 c
119 § 1; 1983 c 178 § 2. Formerly RCW 19.27.130.]
Findings—1983 c 178: "The legislature recognizes that unnecessarily
hot tap or bath water creates an extreme risk of severe burns, especially
among the elderly, children, and retarded persons. Annually, numerous
persons suffer severe scald burns, some resulting in death, from tap or bath
water which is inordinately hot. Excessive tap and bath water temperatures
in residential usage is unnecessary for sanitary purposes. Regulation of the
setting of water temperatures upon installation can virtually eliminate
incidences of dangerous scalding. Further, the legislature finds that
projected future shortages of energy in our state could be reduced or
prevented by the efficient utilization of existing energy resources. Reducing
the temperature settings on thermostats to one hundred twenty degrees
Fahrenheit (or forty-nine degrees Celsius) would save energy that is now
unnecessarily consumed, reduce homeowners’ average utility costs, and
promote home safety without any loss of comfort or health." [1983 c 178
§ 1.]
19.27A.065 Study of state building code relating to
energy by legislative committees on energy and utilities.
See RCW 44.39.038.
19.27A.070 Intent. It is hereby declared that modern,
efficient, safety-tested portable oil-fueled heaters may be
offered for sale, sold, and used in this state. However, fire
hazards and other dangers to the health, safety, and welfare
of the inhabitants of this state may exist absent legislation to
provide reasonable assurances that portable oil-fueled heaters
offered for sale to, sold to, and used by the inhabitants of
this state are modern, efficient, and safety-tested. It is the
intent of the legislature to set forth standards for the sale and
use of approved portable oil-fueled heaters. [1983 c 134 §
1. Formerly RCW 19.27.410.]
19.27A.080 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 19.27A.080 through 19.27A.120.
(1) "Portable oil-fueled heater" means any nonflueconnected, self-contained, self-supporting, oil-fueled, heating
appliance equipped with an integral reservoir, designed to be
carried from one location to another.
(2) "Oil" means any liquid fuel with a flash point of
greater than one hundred degrees Fahrenheit, including but
not limited to kerosene.
(3) "Listed" means any portable oil-fueled heater which
has been evaluated in accordance with the Underwriters
Laboratories, Inc. standard for portable oil-fueled heaters or
an equivalent standard and with respect to reasonably
foreseeable hazards to life and property by a nationally
recognized testing or inspection agency, such as Underwriters Laboratories, Inc., and which has been authorized as
being reasonably safe for its specific purpose and shown in
a list published by such agency and/or bears the mark, name,
and/or symbol of such agency as indication that it has been
so authorized. Such evaluation shall include but not be
limited to evaluation of the requirements hereinafter set
forth.
(4) "Approved" means any listed portable oil-fueled
heater which is deemed approved if it satisfies the requirements set forth herein or adopted under RCW 19.27A.080
through 19.27A.120 and if the supplier certifies to the
authority having jurisdiction over the sale and use of the
[Title 19 RCW—page 42]
heater that it is listed and in compliance with RCW
19.27A.080 through 19.27A.120.
(5) "Structure" means any building or completed
construction of any kind included in state building code
groups M, R-1, R-3, B, F, S-1, S-2, and U occupancies,
except sleeping rooms and bathrooms: PROVIDED,
HOWEVER, That in B, M, and S-1 occupancies, approved
portable oil-fueled heaters shall only be used under permit of
the fire chief.
(6) "Supplier" means any party offering to sell to
retailers or to the general public approved portable oil-fueled
heaters. [1995 c 343 § 2; 1985 c 360 § 15; 1983 c 134 § 2.
Formerly RCW 19.27.420.]
19.27A.090 Portable oil-fueled heaters—Sales and
use—Approval required. Notwithstanding any other
section of the state building code, chapter 19.27 RCW, or
any other code adopted by reference in chapter 19.27 RCW,
approved portable oil-fueled heaters may be offered for sale,
sold, and used as a supplemental heat source in structures in
the state. Portable oil-fueled heaters which are not approved
may not be offered for sale, sold, or used in this state. Any
approved portable oil-fueled heater may be offered for sale,
sold, and used in locations other than structures unless
specifically prohibited by laws of this state. [1983 c 134 §
3. Formerly RCW 19.27.430.]
19.27A.100 Portable oil-fueled heaters—
Requirements for approval. Approved portable oil-fueled
heaters must adhere to the following requirements:
(1) Labeling must be affixed to the heater to caution and
inform the user concerning:
(a) The necessity for an adequate source of ventilation
when the heater is operating;
(b) The use of suitable fuel;
(c) The proper manner of refueling;
(d) The proper placement and handling of the heater
when in operation; and
(e) The proper procedures for lighting, flame regulation,
and extinguishing the heater.
(2) Packaging must include instructions that will inform
the purchaser of proper maintenance and operation.
(3) Approved portable oil-fueled heaters must be
constructed with a low center of gravity and minimum
tipping angle of thirty-three degrees from the vertical with an
empty reservoir.
(4) Approved portable oil-fueled heaters must have an
automatic safety shut-off device or inherent design feature
which eliminates fire hazards in the event of tipover and
must otherwise conform with the standards set forth in
National Fire Protection Association (NFPA) No. 31.
(5) Approved portable oil-fueled heaters must not
produce carbon monoxide at rates creating a hazard when
operated as intended and instructed. [1983 c 134 § 4.
Formerly RCW 19.27.440.]
19.27A.110 Portable oil-fueled heaters—Jurisdiction
over approval—Sale and use governed exclusively. The
chief of the Washington state patrol, through the director of
fire protection, is the only authority having jurisdiction over
the approval of portable oil-fueled heaters. The sale and use
(2002 Ed.)
Energy-Related Building Standards
of portable oil-fueled heaters is governed exclusively by
RCW 19.27A.080 through 19.27A.120: PROVIDED, That
cities and counties may adopt local standards as provided in
RCW 19.27.040. [1995 c 369 § 8; 1986 c 266 § 85; 1985
c 360 § 16; 1983 c 134 § 5. Formerly RCW 19.27.450.]
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
19.27A.120 Violations—Penalty. The penalty for
failure to comply with RCW 19.27A.080 through
19.27A.120 is a misdemeanor. [1985 c 360 § 17; 1983 c
134 § 6. Formerly RCW 19.27.460.]
Chapter 19.28
ELECTRICIANS AND ELECTRICAL
INSTALLATIONS
Sections
PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS
19.28.006
19.28.010
19.28.021
19.28.031
19.28.041
19.28.051
19.28.061
19.28.071
19.28.081
19.28.091
19.28.101
19.28.111
19.28.121
19.28.131
19.28.141
19.28.151
19.28.161
19.28.171
19.28.181
19.28.191
19.28.201
19.28.211
19.28.221
19.28.231
19.28.241
19.28.251
19.28.261
19.28.271
(2002 Ed.)
Definitions.
Electrical wiring requirements—General—Exceptions.
Disputes regarding local regulations—Arbitration—Appeal.
Rules, regulations, and standards.
License required—General or specialty licenses—Fees—
Application—Bond or cash deposit.
Examinations—Fees.
Electrical contractors—Designee of firm to take master electrician or administrator’s examination—Administrator’s
certificate—Fee—Certificate duration, denial, renewal,
nontransferable—Master electrician or administrator’s
duties.
Licensee’s bond—Action on—Priorities—Cash deposit,
payment from.
Actions—Local permits—Proof of licensure.
Licensing—Exemptions.
Inspections—Notice to repair and change—Disconnection—
Entry—Concealment—Accessibility—Connection to
utility—Permits, fees—Limitation.
Nonconforming installations—Disputes—Reference to board.
Board—Request for ruling—Fee—Costs.
Violations of RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361—Schedule of penalties—
Appeal.
RCW 19.28.101 inapplicable in certain cities and towns,
electricity supply agency service areas, and rights of
way of state highways.
RCW 19.28.010 through 19.28.141 and 19.28.311 through
19.28.361 inapplicable to telegraph or telephone companies exercising certain functions.
Certificate of competency required—Electrical training certificate—Fee—Verification and attestation of training
hours.
Electrical trainee hours—Audit—Rules—Confidentiality.
Application for certificate of competency.
Certificate of competency—Eligibility for examination—
Rules.
Examination—Times—Certification of results—Contents—
Fees.
Certificate of competency—Issuance—Renewal—Continuing
education—Fees—Effect.
Persons engaged in trade or business on July 16, 1973.
Temporary permits.
Revocation of certificate of competency—Grounds—
Procedure.
Powers and duties of director—Administration of RCW
19.28.161 through 19.28.271 by the department.
Exemptions from RCW 19.28.161 through 19.28.271.
Violations of RCW 19.28.161 through 19.28.271—Schedule
of penalties—Appeal.
19.27A.110
PROVISIONS APPLICABLE TO ELECTRICAL INSTALLATIONS
AND TELECOMMUNICATIONS INSTALLATIONS
19.28.301
19.28.311
19.28.321
19.28.331
19.28.341
19.28.351
19.28.361
19.28.371
19.28.381
Application—Subchapter heading.
Electrical board.
Enforcement—State electrical inspectors—Qualifications—
Salaries and expenses.
Inspection reports.
Revocation or suspension of license—Grounds—Appeal to
board—Fee—Costs.
Electrical license fund.
Liability for injury or damage.
Devices for diagnosis or treatment of disease or injury—
Compliance with chapter.
Denial of renewal of certificate or license for outstanding
penalties—Notice—Appeal—Hearing.
PROVISIONS APPLICABLE TO TELECOMMUNICATIONS
INSTALLATIONS
19.28.400
19.28.410
Definitions.
Telecommunications systems installations—Subject to this
subchapter.
19.28.420 Telecommunications contractor license—Application—
Bond—Issuance of license.
19.28.430 Administrator’s examination—Certificate—Administrator’s
requirements.
19.28.440 Examination for telecommunications administrators’ certificates.
19.28.450 Local enforcement of subchapter—Enforcement of chapter.
19.28.460 Disputes regarding local regulations—Arbitration—Panel.
19.28.470 Inspections—Report—Required repairs/changes—
Accessibility of telecommunications systems.
19.28.480 Unlawful acts—Interpretation of chapter.
19.28.490 Violation of chapter—Penalty—Appeal.
19.28.501 Insurance/financial responsibility.
19.28.511 Individual certification not required.
19.28.521 Limitation of action—Proof of valid license required.
19.28.531 Unlawful installation/maintenance—Disputed interpretation—Board to determine methods.
19.28.541 Entity desiring board decision—Process.
19.28.551 Director’s authority—Adoption of rules.
19.28.900 Severability—1935 c 169.
19.28.910 Effective date—1963 c 207.
19.28.911 Severability—1983 c 206.
Electrical construction: Chapter 19.29 RCW.
State building code: Chapter 19.27 RCW.
PROVISIONS APPLICABLE TO ELECTRICAL
INSTALLATIONS
19.28.006 Definitions. The definitions in this section
apply throughout this subchapter.
(1) "Administrator" means a person designated by an
electrical contractor to supervise electrical work and electricians in accordance with the rules adopted under this
chapter.
(2) "Board" means the electrical board under RCW
19.28.311.
(3) "Chapter" or "subchapter" means the subchapter, if
no chapter number is referenced.
(4) "Department" means the department of labor and
industries.
(5) "Director" means the director of the department or
the director’s designee.
(6) "Electrical construction trade" includes but is not
limited to installing or maintaining electrical wires and
equipment that are used for light, heat, or power and
installing and maintaining remote control, signaling, power
limited, or communication circuits or systems.
[Title 19 RCW—page 43]
19.28.006
Title 19 RCW: Business Regulations—Miscellaneous
(7) "Electrical contractor" means a person, firm,
partnership, corporation, or other entity that offers to
undertake, undertakes, submits a bid for, or does the work of
installing or maintaining wires or equipment that convey
electrical current.
(8) "Equipment" means any equipment or apparatus that
directly uses, conducts, insulates, or is operated by electricity
but does not mean: Plug-in appliances; or plug-in equipment
as determined by the department by rule.
(9) "Industrial control panel" means a factory-wired or
user-wired assembly of industrial control equipment such as
motor controllers, switches, relays, power supplies, computers, cathode ray tubes, transducers, and auxiliary devices.
The panel may include disconnect means and motor branch
circuit protective devices.
(10) "Journeyman electrician" means a person who has
been issued a journeyman electrician certificate of competency by the department.
(11) "Master electrician" means either a master journeyman electrician or master specialty electrician.
(12) "Master journeyman electrician" means a person
who has been issued a master journeyman electrician
certificate of competency by the department and who may be
designated by an electrical contractor to supervise electrical
work and electricians in accordance with rules adopted under
this chapter.
(13) "Master specialty electrician" means a person who
has been issued a specialty electrician certificate of competency by the department and who may be designated by an
electrical contractor to supervise electrical work and electricians in accordance with rules adopted under this chapter.
(14) "Specialty electrician" means a person who has
been issued a specialty electrician certificate of competency
by the department. [2002 c 249 § 1; 2001 c 211 § 1; 2000
c 238 § 103; 1993 c 275 § 1; 1988 c 81 § 1; 1986 c 156 §
1; 1983 c 206 § 1. Formerly RCW 19.28.005.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.010 Electrical wiring requirements—
General—Exceptions. (1) All wires and equipment, and
installations thereof, that convey electric current and installations of equipment to be operated by electric current, in, on,
or about buildings or structures, except for telephone,
telegraph, radio, and television wires and equipment, and
television antenna installations, signal strength amplifiers,
and coaxial installations pertaining thereto shall be in strict
conformity with this chapter, the statutes of the state of
Washington, and the rules issued by the department, and
shall be in conformity with approved methods of construction for safety to life and property. All wires and equipment
that fall within section 90.2(b)(5) of the National Electrical
Code, 1981 edition, are exempt from the requirements of this
chapter. The regulations and articles in the National Electrical Code, the national electrical safety code, and other
installation and safety regulations approved by the national
fire protection association, as modified or supplemented by
rules issued by the department in furtherance of safety to life
and property under authority hereby granted, shall be prima
facie evidence of the approved methods of construction. All
materials, devices, appliances, and equipment used in such
installations shall be of a type that conforms to applicable
[Title 19 RCW—page 44]
standards or be indicated as acceptable by the established
standards of any electrical product testing laboratory which
is accredited by the department. Industrial control panels,
utilization equipment, and their components do not need to
be listed, labeled, or otherwise indicated as acceptable by an
accredited electrical product testing laboratory unless specifically required by the National Electrical Code, 1993 edition.
(2) Residential buildings or structures moved into or
within a county, city, or town are not required to comply
with all of the requirements of this chapter, if the original
occupancy classification of the building or structure is not
changed as a result of the move. This subsection shall not
apply to residential buildings or structures that are substantially remodeled or rehabilitated.
(3) This chapter shall not limit the authority or power of
any city or town to enact and enforce under authority given
by law, any ordinance, rule, or regulation requiring an equal,
higher, or better standard of construction and an equal,
higher, or better standard of materials, devices, appliances,
and equipment than that required by this chapter. A city or
town shall require that its electrical inspectors meet the
qualifications provided for state electrical inspectors in
accordance with RCW 19.28.321. In a city or town having
an equal, higher, or better standard the installations, materials, devices, appliances, and equipment shall be in accordance with the ordinance, rule, or regulation of the city or
town. Electrical equipment associated with spas, hot tubs,
swimming pools, and hydromassage bathtubs shall not be
offered for sale or exchange unless the electrical equipment
is certified as being in compliance with the applicable
product safety standard by bearing the certification mark of
an approved electrical products testing laboratory.
(4) Nothing in this chapter may be construed as permitting the connection of any conductor of any electric circuit
with a pipe that is connected with or designed to be connected with a waterworks piping system, without the consent of
the person or persons legally responsible for the operation
and maintenance of the waterworks piping system. [2001 c
211 § 2; 1993 c 275 § 2; 1992 c 79 § 2. Prior: 1986 c 263
§ 1; 1986 c 156 § 2; 1983 c 206 § 2; 1965 ex.s. c 117 § 1;
1963 c 207 § 1; 1935 c 169 § 1; RRS § 8307-1. Formerly
RCW 19.28.020, 19.28.030, 19.28.040, 19.28.050.]
19.28.021 Disputes regarding local regulations—
Arbitration—Appeal. Disputes arising under RCW
19.28.010(3) regarding whether the city or town’s electrical
rules, regulations, or ordinances are equal to the rules
adopted by the department shall be resolved by arbitration.
The department shall appoint two members of the board to
serve on the arbitration panel, and the city or town shall
appoint two persons to serve on the arbitration panel. These
four persons shall choose a fifth person to serve. If the four
persons cannot agree on a fifth person, the presiding judge
of the superior court of the county in which the city or town
is located shall choose a fifth person. A decision of the
arbitration panel may be appealed to the superior court of the
county in which the city or town is located within thirty days
after the date the panel issues its final decision. [2000 c 171
§ 46; 1988 c 81 § 2; 1983 c 206 § 3. Formerly RCW
19.28.015.]
(2002 Ed.)
Electricians and Electrical Installations
19.28.031 Rules, regulations, and standards. (1)
Prior to January 1st of each year, the director shall obtain an
authentic copy of the national electrical code, latest revision.
The department, after consulting with the board and receiving the board’s recommendations, shall adopt reasonable
rules in furtherance of safety to life and property. All rules
shall be kept on file by the department. Compliance with
the rules shall be prima facie evidence of compliance with
this chapter. The department upon request shall deliver to
all persons, firms, partnerships, corporations, or other entities
licensed under this chapter a copy of the rules.
(2) The department shall also obtain and keep on file an
authentic copy of any applicable regulations and standards of
any electrical product testing laboratory which is accredited
by the department prescribing rules, regulations, and standards for electrical materials, devices, appliances, and
equipment, including any modifications and changes that
have been made during the previous year. [1993 c 275 § 3;
1988 c 81 § 3; 1986 c 156 § 3; 1983 c 206 § 4; 1965 ex.s.
c 117 § 2; 1935 c 169 § 10; RRS § 8307-10. Formerly
RCW 19.28.060.]
19.28.041 License required—General or specialty
licenses—Fees—Application—Bond or cash deposit. (1)
It is unlawful for any person, firm, partnership, corporation,
or other entity to engage in, conduct, or carry on the
business of installing or maintaining wires or equipment to
convey electric current, or installing or maintaining equipment to be operated by electric current as it pertains to the
electrical industry, without having an unrevoked,
unsuspended, and unexpired electrical contractor license,
issued by the department in accordance with this chapter.
All electrical contractor licenses expire twenty-four calendar
months following the day of their issue. The department
may issue an electrical contractors license for a period of
less than twenty-four months only for the purpose of
equalizing the number of electrical contractor licenses that
expire each month. Application for an electrical contractor
license shall be made in writing to the department, accompanied by the required fee. The application shall state:
(a) The name and address of the applicant; in case of
firms or partnerships, the names of the individuals composing the firm or partnership; in case of corporations, the
names of the managing officials thereof;
(b) The location of the place of business of the applicant
and the name under which the business is conducted;
(c) Employer social security number;
(d) Evidence of workers’ compensation coverage for the
applicant’s employees working in Washington, as follows:
(i) The applicant’s industrial insurance account number
issued by the department;
(ii) The applicant’s self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a
certificate of coverage issued by the agency that administers
the workers’ compensation law in the applicant’s state or
province of domicile certifying that the applicant has secured
the payment of compensation under the other state’s or
province’s workers’ compensation law;
(2002 Ed.)
19.28.031
(e) Employment security department number;
(f) State excise tax registration number;
(g) Unified business identifier (UBI) account number
may be substituted for the information required by (d) of this
subsection if the applicant will not employ employees in
Washington, and by (e) and (f) of this subsection; and
(h) Whether a general or specialty electrical contractor
license is sought and, if the latter, the type of specialty.
Electrical contractor specialties include, but are not limited
to: Residential, pump and irrigation, limited energy system,
signs, nonresidential maintenance, restricted nonresidential
maintenance, appliance repair, and a combination specialty.
A general electrical contractor license shall grant to the
holder the right to engage in, conduct, or carry on the
business of installing or maintaining wires or equipment to
carry electric current, and installing or maintaining equipment, or installing or maintaining material to fasten or
insulate such wires or equipment to be operated by electric
current, in the state of Washington. A specialty electrical
contractor license shall grant to the holder a limited right to
engage in, conduct, or carry on the business of installing or
maintaining wires or equipment to carry electrical current,
and installing or maintaining equipment; or installing or
maintaining material to fasten or insulate such wires or
equipment to be operated by electric current in the state of
Washington as expressly allowed by the license.
(2) The department may verify the workers’ compensation coverage information provided by the applicant under
subsection (1)(d) of this section, including but not limited to
information regarding the coverage of an individual employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(3) The application for an electrical contractor license
shall be accompanied by a bond in the sum of four thousand
dollars with the state of Washington named as obligee in the
bond, with good and sufficient surety, to be approved by the
department. The bond shall at all times be kept in full force
and effect, and any cancellation or revocation thereof, or
withdrawal of the surety therefrom, suspends the license
issued to the principal until a new bond has been filed and
approved as provided in this section. Upon approval of a
bond, the department shall on the next business day deposit
the fee accompanying the application in the electrical license
fund and shall file the bond in the office. The department
shall upon request furnish to any person, firm, partnership,
corporation, or other entity a certified copy of the bond upon
the payment of a fee that the department shall set by rule.
The fee shall cover but not exceed the cost of furnishing the
certified copy. The bond shall be conditioned that in any
installation or maintenance of wires or equipment to convey
electrical current, and equipment to be operated by electrical
current, the principal will comply with the provisions of this
chapter and with any electrical ordinance, building code, or
regulation of a city or town adopted pursuant to RCW
19.28.010(3) that is in effect at the time of entering into a
contract. The bond shall be conditioned further that the
principal will pay for all labor, including employee benefits,
and material furnished or used upon the work, taxes and
contributions to the state of Washington, and all damages
that may be sustained by any person, firm, partnership,
[Title 19 RCW—page 45]
19.28.041
Title 19 RCW: Business Regulations—Miscellaneous
corporation, or other entity due to a failure of the principal
to make the installation or maintenance in accordance with
this chapter or any applicable ordinance, building code, or
regulation of a city or town adopted pursuant to RCW
19.28.010(3). In lieu of the surety bond required by this
section the license applicant may file with the department a
cash deposit or other negotiable security acceptable to the
department. If the license applicant has filed a cash deposit,
the department shall deposit the funds in a special trust
savings account in a commercial bank, mutual savings bank,
or savings and loan association and shall pay annually to the
depositor the interest derived from the account.
(4) The department shall issue general or specialty
electrical contractor licenses to applicants meeting all of the
requirements of this chapter. The provisions of this chapter
relating to the licensing of any person, firm, partnership,
corporation, or other entity including the requirement of a
bond with the state of Washington named as obligee therein
and the collection of a fee therefor, are exclusive, and no
political subdivision of the state of Washington may require
or issue any licenses or bonds or charge any fee for the
same or a similar purpose. No person, firm, partnership,
corporation, or other entity holding more than one specialty
contractor license under this chapter may be required to pay
an annual fee for more than one such license or to post more
than one four thousand dollar bond, equivalent cash deposit,
or other negotiable security.
(5) To obtain a general or specialty electrical contractor
license the applicant must designate an individual who
currently possesses a valid master journeyman electrician’s
certificate of competency, master specialty electrician’s
certificate of competency in the specialty for which application has been made, or administrator’s certificate as a
general electrical contractor administrator or as a specialty
electrical contractor administrator in the specialty for which
application has been made.
(6) Administrator certificate specialties include but are
not limited to: Residential, pump and irrigation, limited
energy system, signs, nonresidential maintenance, restricted
nonresidential maintenance, appliance repair, and combination specialty. To obtain an administrator’s certificate an
individual must pass an examination as set forth in RCW
19.28.051 unless the applicant was a licensed electrical
contractor at any time during 1974. Applicants who were
electrical contractors licensed by the state of Washington at
any time during 1974 are entitled to receive a general
electrical contractor administrator’s certificate without
examination if the applicants apply prior to January 1, 1984.
The board of electrical examiners shall certify to the department the names of all persons who are entitled to either a
general or specialty electrical contractor administrator’s
certificate. [2002 c 249 § 2; 2001 c 211 § 3; 1998 c 279 §
4; 1992 c 217 § 2; 1986 c 156 § 5; 1983 c 206 § 5; 1975 1st
ex.s. c 195 § 1; 1975 1st ex.s. c 92 § 1; 1974 ex.s. c 188 §
1; 1971 ex.s. c 129 § 1; 1969 ex.s. c 71 § 2; 1969 c 30 § 1.
Prior: 1967 ex.s. c 15 § 1; 1967 c 88 § 2; 1965 ex.s. c 117
§ 3; 1963 c 207 § 2; 1959 c 325 § 1; 1935 c 169 § 4; RRS
§ 8307-4; prior: 1919 c 204 §§ 1, 2. Formerly RCW
19.28.120, 19.28.130, 19.28.140, 19.28.150, 19.28.160,
19.28.170.]
Finding—Intent—1998 c 279: See note following RCW 51.12.120.
[Title 19 RCW—page 46]
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: "If any
provision of this 1975 amendatory act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not affected." [1975 1st
ex.s. c 195 § 4; 1975 1st ex.s. c 92 § 4.]
Effective date—1974 ex.s. c 188: "The effective date of this 1974
amendatory act is July 1, 1974." [1974 ex.s. c 188 § 6.]
Severability—1974 ex.s. c 188: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 188 § 5.]
Effective date—1971 ex.s. c 129: "The effective date of this 1971
amendatory act shall be December 1, 1971." [1971 ex.s. c 129 § 3.]
19.28.051 Examinations—Fees. It shall be the
purpose and function of the board to establish, in addition to
a general electrical contractors’ license, such classifications
of specialty electrical contractors’ licenses as it deems
appropriate with regard to individual sections pertaining to
state adopted codes in this chapter. In addition, it shall be
the purpose and function of the board to establish and
administer written examinations for general electrical
administrators’ certificates and the various specialty electrical
administrators’ certificates. Examinations shall be designed
to reasonably insure that general and specialty electrical
administrators’ certificate holders are competent to engage in
and supervise the work covered by this statute and their
respective licenses. The examinations shall include questions
from the following categories to assure proper safety and
protection for the general public: (1) Safety, (2) state
electrical code, and (3) electrical theory. The department
with the consent of the board shall be permitted to enter into
a contract with a professional testing agency to develop,
administer, and score these examinations. The fee for the
examination may be set by the department in its contract
with the professional testing agency. The department may
direct that the applicant pay the fee to the professional
testing agency. The fee shall cover but not exceed the costs
of preparing and administering the examination. It shall be
the further purpose and function of this board to advise the
director as to the need of additional electrical inspectors and
compliance officers to be utilized by the director on either a
full-time or part-time employment basis and to carry out the
duties enumerated in RCW 19.28.161 through 19.28.271 as
well as generally advise the department on all matters
relative to RCW 19.28.161 through 19.28.271. [2001 c 211
§ 4; 1996 c 147 § 6; 1988 c 81 § 5; 1986 c 156 § 6; 1984
c 287 § 57; 1977 ex.s. c 79 § 1; 1975-’76 2nd ex.s. c 34 §
62; 1975 1st ex.s. c 195 § 2; 1975 1st ex.s. c 92 § 2; 1974
ex.s. c 188 § 2. Formerly RCW 19.28.123.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note
following RCW 19.28.041.
Effective date—Severability—1974 ex.s. c 188: See notes following
RCW 19.28.041.
19.28.061 Electrical contractors—Designee of firm
to take master electrician or administrator’s examination—Administrator’s certificate—Fee—Certificate
duration, denial, renewal, nontransferable—Master elec(2002 Ed.)
Electricians and Electrical Installations
trician or administrator’s duties. (1) Each applicant for an
electrical contractor’s license, other than an individual, shall
designate a supervisory employee or member of the firm to
take the required master electrician’s or administrator’s
examination. Effective July 1, 1987, a supervisory employee
designated as the electrical contractor’s master electrician or
administrator shall be a full-time supervisory employee.
This person shall be designated as master electrician or
administrator under the license. No person may concurrently
qualify as master electrician or administrator for more than
one contractor. If the relationship of the master electrician
or administrator with the electrical contractor is terminated,
the contractor’s license is void within ninety days unless
another master electrician or administrator is qualified by the
board. However, if the master electrician or administrator
dies or is otherwise incapacitated, the contractor’s license is
void within one hundred eighty days unless another master
electrician or administrator is qualified by the board. The
contractor must notify the department in writing within ten
days if the master electrician’s or administrator’s relationship
with the contractor terminates due to the master electrician’s
or administrator’s death or incapacitation.
(2) The department must issue an administrator’s
certificate to all applicants who have passed the examination
as provided in RCW 19.28.051 and this section, and who
have complied with the rules adopted under this chapter.
The administrator’s certificate must bear the date of issuance, expires on the holder’s birthday, and is nontransferable. The certificate must be renewed every three years,
upon application, on or before the holder’s birthday.
(a) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual
eight-hour continuing education course, the certificate may
be renewed by appropriate application without examination
unless the certificate has been revoked, suspended, or not
renewed within ninety days after the expiration date.
(b) The contents and requirements for satisfactory
completion of the continuing education course must be
determined by the director and approved by the board.
(c) The department must accept proof of a certificate
holder’s satisfactory completion of a continuing education
course offered in another state as meeting the requirements
for maintaining a current Washington state certificate if the
department is satisfied the course is comparable in nature to
that required in Washington state for maintaining a current
certificate.
(3) A fee must be assessed for each administrator’s
certificate and for each renewal. An individual holding more
than one administrator’s certificate under this chapter is not
required to pay fees for more than one certificate. The
department must set the fees by rule for issuance and
renewal of a certificate. The fees must cover, but not
exceed, the costs of issuing the certificates and of administering and enforcing the administrator certification requirements of this chapter.
(4) The department may deny an application for an
administrator’s certificate for up to two years if the
applicant’s previous administrator’s certificate has been
revoked for a serious violation and all appeals concerning
the revocation have been exhausted. For the purposes of this
section only, a serious violation is a violation that presents
imminent danger to the public. The certificate may be
(2002 Ed.)
19.28.061
renewed for a three-year period without examination by
appropriate application unless the certificate has been
revoked, suspended, or not renewed within ninety days after
the expiration date. If the certificate is not renewed before
the expiration date, the individual shall pay twice the usual
fee. A person may take the administrator’s examination as
many times as necessary to pass without limit.
(5) The designated master electrician or administrator
shall:
(a) Be a member of the firm or a supervisory employee
and shall be available during working hours to carry out the
duties of an administrator under this section;
(b) Ensure that all electrical work complies with the
electrical installation laws and rules of the state;
(c) Ensure that the proper electrical safety procedures
are used;
(d) Ensure that all electrical labels, permits, and licenses
required to perform electrical work are used;
(e) See that corrective notices issued by an inspecting
authority are complied with; and
(f) Notify the department in writing within ten days if
the master electrician or administrator terminates the relationship with the electrical contractor.
(6) The department shall not by rule change the
administrator’s duties under subsection (5) of this section.
[2002 c 249 § 3; 1996 c 241 § 3; 1988 c 81 § 6; 1986 c 156
§ 7; 1983 c 206 § 6; 1975 1st ex.s. c 195 § 3; 1975 1st ex.s.
c 92 § 3; 1974 ex.s. c 188 § 4. Formerly RCW 19.28.125.]
Severability—1975 1st ex.s. c 195; 1975 1st ex.s. c 92: See note
following RCW 19.28.041.
Effective date—Severability—1974 ex.s. c 188: See notes following
RCW 19.28.041.
19.28.071 Licensee’s bond—Action on—Priorities—
Cash deposit, payment from. Any person, firm, or
corporation sustaining any damage or injury by reason of the
principal’s breach of the conditions of the bond required
under RCW 19.28.041 may bring an action against the surety
named therein, joining in the action the principal named in
the bond; the action shall be brought in the superior court of
any county in which the principal on the bond resides or
transacts business, or in the county in which the work was
performed as a result of which the breach is alleged to have
occurred; the action shall be maintained and prosecuted as
other civil actions. Claims or actions against the surety on
the bond shall be paid in full in the following order of
priority: (1) Labor, including employee benefits, (2)
materials and equipment used upon such work, (3) taxes and
contributions due to the state, (4) damages sustained by any
person, firm or corporation due to the failure of the principal
to make the installation in accordance with the provisions of
chapter 19.28 RCW, or any ordinance, building code, or
regulation applicable thereto: PROVIDED, That the total
liability of the surety on any bond shall not exceed the sum
of four thousand dollars and the surety on the bond shall not
be liable for monetary penalties; and any action shall be
brought within one year from the completion of the work in
the performance of which the breach is alleged to have
occurred. The surety shall mail a conformed copy of the
judgment against the bond to the department within seven
days.
[Title 19 RCW—page 47]
19.28.071
Title 19 RCW: Business Regulations—Miscellaneous
In the event that a cash or securities deposit has been
made in lieu of the surety bond, and in the event of a
judgment being entered against such depositor and deposit,
the director shall upon receipt of a certified copy of a final
judgment, pay said judgment from such deposit. [2001 c
211 § 5; 1986 c 156 § 8; 1969 ex.s. c 71 § 3; 1965 ex.s. c
117 § 4; 1935 c 169 § 5; RRS § 8307-5. Prior: 1919 c 204
§ 4. Formerly RCW 19.28.180.]
19.28.081 Actions—Local permits—Proof of
licensure. No person, firm or corporation engaging in,
conducting or carrying on the business of installing wires or
equipment to convey electric current, or installing apparatus
to be operated by said current, shall be entitled to commence
or maintain any suit or action in any court of this state
pertaining to any such work or business, without alleging
and proving that such person, firm or corporation held, at the
time of commencing and performing such work, an unexpired, unrevoked and unsuspended license issued under the
provisions of this chapter; and no city or town requiring by
ordinance or regulation a permit for inspection or installation
of such electrical work, shall issue such permit to any
person, firm or corporation not holding such license. [1986
c 156 § 9; 1935 c 169 § 6; RRS § 8307-6. Formerly RCW
19.28.190.]
19.28.091 Licensing—Exemptions. (1) No license
under the provision of this chapter shall be required from
any utility or any person, firm, partnership, corporation, or
other entity employed by a utility because of work in connection with the installation, repair, or maintenance of lines,
wires, apparatus, or equipment owned by or under the
control of a utility and used for transmission or distribution
of electricity from the source of supply to the point of
contact at the premises and/or property to be supplied and
service connections and meters and other apparatus or
appliances used in the measurement of the consumption of
electricity by the customer.
(2) No license under the provisions of this chapter shall
be required from any utility because of work in connection
with the installation, repair, or maintenance of the following:
(a) Lines, wires, apparatus, or equipment used in the
lighting of streets, alleys, ways, or public areas or squares;
(b) Lines, wires, apparatus, or equipment owned by a
commercial, industrial, or public institution customer that are
an integral part of a transmission or distribution system,
either overhead or underground, providing service to such
customer and located outside the building or structure:
PROVIDED, That a utility does not initiate the sale of
services to perform such work;
(c) Lines and wires, together with ancillary apparatus,
and equipment, owned by a customer that is an independent
power producer who has entered into an agreement for the
sale of electricity to a utility and that are used in transmitting
electricity from an electrical generating unit located on
premises used by such customer to the point of interconnection with the utility’s system.
(3) Any person, firm, partnership, corporation, or other
entity licensed under RCW 19.28.041 may enter into a
contract with a utility for the performance of work under
subsection (2) of this section.
[Title 19 RCW—page 48]
(4) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of the work of installing and repairing ignition or lighting systems for motor vehicles.
(5) No license under the provisions of this chapter shall
be required from any person, firm, partnership, corporation,
or other entity because of work in connection with the
installation, repair, or maintenance of wires and equipment,
and installations thereof, exempted in RCW 19.28.010.
(6) The department may by rule exempt from licensing
requirements under this chapter work performed on
premanufactured electric power generation equipment
assemblies and control gear involving the testing, repair,
modification, maintenance, or installation of components internal to the power generation equipment, the control gear,
or the transfer switch. [2001 c 211 § 6; 1998 c 98 § 1; 1992
c 240 § 1; 1980 c 30 § 15; 1935 c 169 § 11; RRS § 830711. Formerly RCW 19.28.200.]
19.28.101 Inspections—Notice to repair and
change—Disconnection—Entry—Concealment—
Accessibility—Connection to utility—Permits, fees—
Limitation. (1) The director shall cause an inspector to
inspect all wiring, appliances, devices, and equipment to
which this chapter applies. Nothing contained in this chapter
may be construed as providing any authority for any subdivision of government to adopt by ordinance any provisions
contained or provided for in this chapter except those
pertaining to cities and towns pursuant to RCW
19.28.010(3).
(2) Upon request, electrical inspections will be made by
the department within forty-eight hours, excluding holidays,
Saturdays, and Sundays. If, upon written request, the
electrical inspector fails to make an electrical inspection
within twenty-four hours, the serving utility may immediately connect electrical power to the installation if the necessary
electrical work permit is displayed: PROVIDED, That if the
request is for an electrical inspection that relates to a mobile
home installation, the applicant shall provide proof of a
current building permit issued by the local government
agency authorized to issue such permits as a prerequisite for
inspection approval or connection of electrical power to the
mobile home.
(3) Whenever the installation of any wiring, device,
appliance, or equipment is not in accordance with this
chapter, or is in such a condition as to be dangerous to life
or property, the person, firm, partnership, corporation, or
other entity owning, using, or operating it shall be notified
by the department and shall within fifteen days, or such
further reasonable time as may upon request be granted,
make such repairs and changes as are required to remove the
danger to life or property and to make it conform to this
chapter. The director, through the inspector, is hereby
empowered to disconnect or order the discontinuance of
electrical service to conductors or equipment that are found
to be in a dangerous or unsafe condition and not in accordance with this chapter. Upon making a disconnection the
inspector shall attach a notice stating that the conductors
have been found dangerous to life or property and are not in
accordance with this chapter. It is unlawful for any person
to reconnect such defective conductors or equipment without
(2002 Ed.)
Electricians and Electrical Installations
the approval of the department, and until the conductors and
equipment have been placed in a safe and secure condition,
and in a condition that complies with this chapter.
(4) The director, through the electrical inspector, has the
right during reasonable hours to enter into and upon any
building or premises in the discharge of his or her official
duties for the purpose of making any inspection or test of the
installation of new construction or altered electrical wiring,
electrical devices, equipment, or material contained in or on
the buildings or premises. No electrical wiring or equipment
subject to this chapter may be concealed until it has been
approved by the inspector making the inspection. At the
time of the inspection, electrical wiring or equipment subject
to this chapter must be sufficiently accessible to permit the
inspector to employ any testing methods that will verify
conformance with the national electrical code and any other
requirements of this chapter.
(5) Persons, firms, partnerships, corporations, or other
entities making electrical installations shall obtain inspection
and approval from an authorized representative of the
department as required by this chapter before requesting the
electric utility to connect to the installations. Electric
utilities may connect to the installations if approval is clearly
indicated by certification of the electrical work permit required to be affixed to each installation or by equivalent
means, except that increased or relocated services may be
reconnected immediately at the discretion of the utility
before approval if an electrical work permit is displayed.
The permits shall be furnished upon payment of the fee to
the department.
(6) The director, subject to the recommendations and
approval of the board, shall set by rule a schedule of license
and electrical work permit fees that will cover the costs of
administration and enforcement of this chapter. The rules
shall be adopted in accordance with the administrative procedure act, chapter 34.05 RCW. No fee may be charged for
plug-in mobile homes, recreational vehicles, or portable
appliances.
(7) Nothing in this chapter shall authorize the inspection
of any wiring, appliance, device, or equipment, or installations thereof, by any utility or by any person, firm, partnership, corporation, or other entity employed by a utility in
connection with the installation, repair, or maintenance of
lines, wires, apparatus, or equipment owned by or under the
control of the utility. All work covered by the national
electric code not exempted by the 1981 edition of the
national electric code 90-2(B)(5) shall be inspected by the
department. [1996 c 241 § 4; 1992 c 240 § 2; 1989 c 344
§ 1; 1988 c 81 § 7; 1983 c 206 § 7; 1971 ex.s. c 129 § 2;
1969 ex.s. c 71 § 4; 1967 c 88 § 3; 1965 ex.s. c 117 § 5;
1963 c 207 § 3; 1959 c 325 § 2; 1935 c 169 § 8; RRS §
8307-8. Formerly RCW 19.28.210, 19.28.220, 19.28.230,
19.28.240.]
Effective date—1971 ex.s. c 129: See note following RCW
19.28.041.
Adoption of certain regulations proscribed: RCW 36.32.125.
RCW 19.28.101 inapplicable in certain cities, towns, electricity supply
agency service areas, and rights of way of state highways: RCW
19.28.141.
19.28.111 Nonconforming installations—Disputes—
Reference to board. It is unlawful for any person, firm,
(2002 Ed.)
19.28.101
partnership, corporation, or other entity to install or maintain
any electrical wiring, appliances, devices, or equipment not
in accordance with this chapter. In cases where the interpretation and application of the installation or maintenance
standards prescribed in this chapter is in dispute or in doubt,
the board shall, upon application of any interested person,
firm, partnership, corporation, or other entity, determine the
methods of installation or maintenance or the materials,
devices, appliances, or equipment to be used in the particular
case submitted for its decision. [1988 c 81 § 8; 1983 c 206
§ 9; 1935 c 169 § 2; RRS § 8307-2. Formerly RCW
19.28.260.]
19.28.121 Board—Request for ruling—Fee—Costs.
Any person, firm, partnership, corporation, or other entity
desiring a decision of the board pursuant to RCW 19.28.111
shall, in writing, notify the director of such desire and shall
accompany the notice with a certified check payable to the
department in the sum of two hundred dollars. The notice
shall specify the ruling or interpretation desired and the
contention of the person, firm, partnership, corporation, or
other entity as to the proper interpretation or application on
the question on which a decision is desired. If the board
determines that the contention of the applicant for a decision
was proper, the two hundred dollars shall be returned to the
applicant; otherwise it shall be used in paying the expenses
and per diem of the members of the board in connection
with the matter. Any portion of the two hundred dollars not
used in paying the per diem and expenses of the board in the
case shall be paid into the electrical license fund. [2001 c
211 § 7; 1988 c 81 § 9; 1983 c 206 § 10; 1935 c 169 § 13;
RRS § 8307-13. Formerly RCW 19.28.300.]
19.28.131 Violations of RCW 19.28.010 through
19.28.141 and 19.28.311 through 19.28.361—Schedule of
penalties—Appeal. Any person, firm, partnership, corporation, or other entity violating any of the provisions of RCW
19.28.010 through 19.28.141 and 19.28.311 through
19.28.361 shall be assessed a penalty of not less than fifty
dollars or more than ten thousand dollars. The department
shall set by rule a schedule of penalties for violating RCW
19.28.010 through 19.28.141 and 19.28.311 through
19.28.361. The department shall notify the person, firm,
partnership, corporation, or other entity violating any of the
provisions of RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361 of the amount of the penalty
and of the specific violation by certified mail, return receipt
requested, sent to the last known address of the assessed
party. Any penalty is subject to review by an appeal to the
board. The filing of an appeal stays the effect of the penalty
until the board makes its decision. The appeal shall be filed
within twenty days after notice of the penalty is given to the
assessed party by certified mail, return receipt requested, sent
to the last known address of the assessed party and shall be
made by filing a written notice of appeal with the department. The notice shall be accompanied by a certified check
for two hundred dollars, which shall be returned to the
assessed party if the decision of the department is not
sustained by the board. If the board sustains the decision of
the department, the two hundred dollars shall be applied by
the department to the payment of the per diem and expenses
[Title 19 RCW—page 49]
19.28.131
Title 19 RCW: Business Regulations—Miscellaneous
of the members of the board incurred in the matter, and any
balance remaining after payment of per diem and expenses
shall be paid into the electrical license fund. The hearing
and review procedures shall be conducted in accordance with
chapter 34.05 RCW. The board shall assign its hearings to
an administrative law judge to conduct the hearing and issue
a proposed decision and order. The board shall be allowed
a minimum of twenty days to review a proposed decision
and shall issue its decision no later than the next regularly
scheduled board meeting. [2001 c 211 § 8; 1996 c 147 § 7;
1988 c 81 § 12; 1986 c 156 § 11; 1983 c 206 § 12; 1980 c
30 § 16; 1935 c 169 § 14; RRS § 8307-14. Formerly RCW
19.28.350.]
19.28.141 RCW 19.28.101 inapplicable in certain
cities and towns, electricity supply agency service areas,
and rights of way of state highways. The provisions of
RCW 19.28.101 shall not apply:
(1) Within the corporate limits of any incorporated city
or town which has heretofore adopted and enforced or
subsequently adopts and enforces an ordinance requiring an
equal, higher or better standard of construction and of
materials, devices, appliances and equipment than is required
by this chapter.
(2) Within the service area of an electricity supply
agency owned and operated by a city or town which is
supplying electricity and enforcing a standard of construction
and materials outside its corporate limits at the time this act
takes effect: PROVIDED, That such city, town or agency
shall henceforth enforce by inspection within its service area
outside its corporate limits the same standards of construction and of materials, devices, appliances and equipment as
is enforced by the department of labor and industries under
the authority of this chapter: PROVIDED FURTHER, That
fees charged henceforth in connection with such enforcement
shall not exceed those established in RCW 19.28.101.
(3) Within the rights of way of state highways, provided
the state department of transportation maintains and enforces
an equal, higher or better standard of construction and of
materials, devices, appliances and equipment than is required
by RCW 19.28.010 through 19.28.141 and 19.28.311 through
19.28.361. [2001 c 211 § 9; 1986 c 156 § 12; 1967 ex.s. c
97 § 1; 1963 c 207 § 4; 1959 c 325 § 3. Formerly RCW
19.28.360.]
Effective date—1963 c 207: See RCW 19.28.910.
19.28.151 RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361 inapplicable to telegraph or
telephone companies exercising certain functions. The
provisions of RCW 19.28.010 through 19.28.141 and
19.28.311 through 19.28.361 shall not apply to the work of
installing, maintaining or repairing any and all electrical
wires, apparatus, installations or equipment used or to be
used by a telegraph company or a telephone company in the
exercise of its functions and located outdoors or in a
building or buildings used exclusively for that purpose.
[2001 c 211 § 10; 2000 c 171 § 47; 1980 c 30 § 17; 1959 c
325 § 4. Formerly RCW 19.28.370.]
19.28.161 Certificate of competency required—
Electrical training certificate—Fee—Verification and
[Title 19 RCW—page 50]
attestation of training hours. (1) No person may engage
in the electrical construction trade without having a valid
master journeyman electrician certificate of competency,
journeyman electrician certificate of competency, master
specialty electrician certificate of competency, or specialty
electrician certificate of competency issued by the department in accordance with this chapter. Electrician certificate
of competency specialties include, but are not limited to:
Residential, pump and irrigation, limited energy system,
signs, nonresidential maintenance, restricted nonresidential
maintenance, and appliance repair.
(2) A person who is indentured in an apprenticeship
program approved under chapter 49.04 RCW for the electrical construction trade or who is learning the electrical
construction trade may work in the electrical construction
trade if supervised by a certified master journeyman electrician, journeyman electrician, master specialty electrician in
that electrician’s specialty, or specialty electrician in that
electrician’s specialty. All apprentices and individuals learning the electrical construction trade shall obtain an electrical
training certificate from the department. The certificate shall
authorize the holder to learn the electrical construction trade
while under the direct supervision of a master journeyman
electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty
electrician working in that electrician’s specialty. The holder
of the electrical training certificate shall renew the certificate
biennially. At the time of renewal, the holder shall provide
the department with an accurate list of the holder’s employers in the electrical construction industry for the previous
biennial period and the number of hours worked for each
employer. A biennial fee shall be charged for the issuance
or renewal of the certificate. The department shall set the
fee by rule. The fee shall cover but not exceed the cost of
administering and enforcing the trainee certification and
supervision requirements of this chapter. Apprentices and
individuals learning the electrical construction trade shall
have their electrical training certificates in their possession
at all times that they are performing electrical work. They
shall show their certificates to an authorized representative
of the department at the representative’s request.
(3) Any person who has been issued an electrical
training certificate under this chapter may work if that
person is under supervision. Supervision shall consist of a
person being on the same job site and under the control of
either a certified master journeyman electrician, journeyman
electrician, master specialty electrician working in that
electrician’s specialty, or specialty electrician working in that
electrician’s specialty. Either a certified master journeyman
electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty
electrician working in that electrician’s specialty shall be on
the same job site as the noncertified individual for a minimum of seventy-five percent of each working day unless
otherwise provided in this chapter.
(4) The ratio of noncertified individuals to certified
master journeymen electricians, journeymen electricians,
master specialty electricians, or specialty electricians on any
one job site is as follows:
(a) When working as a specialty electrician, not more
than two noncertified individuals for every certified master
specialty electrician working in that electrician’s specialty,
(2002 Ed.)
Electricians and Electrical Installations
specialty electrician working in that electrician’s specialty,
master journeyman electrician, or journeyman electrician,
except that the ratio requirements are one certified master
specialty electrician working in that electrician’s specialty,
specialty electrician working in that electrician’s specialty,
master journeyman electrician, or journeyman electrician
working as a specialty electrician to no more than four
students enrolled in and working as part of an electrical construction program at public community or technical colleges,
or not-for-profit nationally accredited trade or technical
schools licensed by the work force training and education
coordinating board under chapter 28C.10 RCW. In meeting
the ratio requirements for students enrolled in an electrical
construction program at a trade school, a trade school may
receive input and advice from the electrical board; and
(b) When working as a journeyman electrician, not more
than one noncertified individual for every certified master
journeyman electrician or journeyman electrician, except that
the ratio requirements shall be one certified master journeyman electrician or journeyman electrician to no more
than four students enrolled in and working as part of an
electrical construction program at public community or
technical colleges, or not-for-profit nationally accredited
trade or technical schools licensed by the work force training
and education coordinating board under chapter 28C.10
RCW. In meeting the ratio requirements for students
enrolled in an electrical construction program at a trade
school, a trade school may receive input and advice from the
electrical board.
An individual who has a current training certificate and
who has successfully completed or is currently enrolled in an
approved apprenticeship program or in an electrical construction program at public community or technical colleges, or
not-for-profit nationally accredited technical or trade schools
licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may work without
direct on-site supervision during the last six months of
meeting the practical experience requirements of this chapter.
(5) For the residential (as specified in WAC 296-46A930(2)(a)), pump and irrigation (as specified in WAC 29646A-930(2)(b)(i)), sign (as specified in WAC 296-46A930(2)(c)), limited energy (as specified in WAC 296-46A930(2)(e)(i)), nonresidential maintenance (as specified in
WAC 296-46A-930(2)(f)(i)), restricted nonresidential
maintenance as determined by the department in rule, or
other new nonresidential specialties, not including appliance
repair, as determined by the department in rule, either a
master journeyman electrician, journeyman electrician,
master specialty electrician working in that electrician’s
specialty, or specialty electrician working in that electrician’s
specialty must be on the same job site as the noncertified
individual for a minimum of seventy-five percent of each
working day. Other specialties must meet the requirements
specified in RCW 19.28.191(1)(f)(ii). When the ratio of
certified electricians to noncertified individuals on a job site
is one certified electrician to three or four noncertified
individuals, the certified electrician must:
(a) Directly supervise and instruct the noncertified
individuals and the certified electrician may not directly
make or engage in an electrical installation; and
(2002 Ed.)
19.28.161
(b) Be on the same job site as the noncertified individual for a minimum of one hundred percent of each working
day.
(6) The electrical contractor shall accurately verify and
attest to the electrical trainee hours worked by electrical
trainees on behalf of the electrical contractor. [2002 c 249
§ 4; 1997 c 309 § 1; 1996 c 241 § 6; 1983 c 206 § 13; 1980
c 30 § 2. Formerly RCW 19.28.510.]
19.28.171 Electrical trainee hours—Audit—Rules—
Confidentiality. The department may audit the records of
an electrical contractor that has verified the hours of experience submitted by an electrical trainee to the department
under RCW 19.28.161(2) in the following circumstances:
Excessive hours were reported; hours reported outside the
normal course of the contractor’s business; the type of hours
reported do not reasonably match the type of permits purchased; or for other similar circumstances in which the
department demonstrates a likelihood of excessive hours
being reported. The department shall limit the audit to
records necessary to verify hours. The department shall
adopt rules implementing audit procedures. Information
obtained from an electrical contractor under the provisions
of this section is confidential and is not open to public
inspection under chapter 42.17 RCW. [2001 c 211 § 11;
1996 c 241 § 2. Formerly RCW 19.28.515.]
19.28.181 Application for certificate of competency.
Any person desiring to be issued a certificate of competency
as provided in this chapter shall deliver evidence in a form
prescribed by the department affirming that said person has
met the qualifications required under RCW 19.28.191. An
electrician from another jurisdiction applying for a certificate
of competency must provide evidence in a form prescribed
by the department affirming that the person has the equivalent qualifications to those required under RCW 19.28.191.
[2001 c 211 § 12; 1997 c 309 § 2; 1980 c 30 § 3. Formerly
RCW 19.28.520.]
19.28.191 Certificate of competency—Eligibility for
examination—Rules. (1) Upon receipt of the application,
the department shall review the application and determine
whether the applicant is eligible to take an examination for
the master journeyman electrician, journeyman electrician,
master specialty electrician, or specialty electrician certificate
of competency.
(a) Before July 1, 2005, an applicant who possesses a
valid journeyman electrician certificate of competency in
effect for the previous four years and a valid general
administrator’s certificate may apply for a master journeyman electrician certificate of competency without examination.
(b) Before July 1, 2005, an applicant who possesses a
valid specialty electrician certificate of competency, in the
specialty applied for, for the previous two years and a valid
specialty administrator’s certificate, in the specialty applied
for, may apply for a master specialty electrician certificate
of competency without examination.
(c) To be eligible to take the examination for a master
journeyman electrician certificate of competency the appli[Title 19 RCW—page 51]
19.28.191
Title 19 RCW: Business Regulations—Miscellaneous
cant must have possessed a valid journeyman electrician
certificate of competency for four years.
(d) To be eligible to take the examination for a master
specialty electrician certificate of competency the applicant
must have possessed a valid specialty electrician certificate
of competency, in the specialty applied for, for two years.
(e) To be eligible to take the examination for a journeyman certificate of competency the applicant must have:
(i) Worked in the electrical construction trade for a
minimum of eight thousand hours, of which four thousand
hours shall be in industrial or commercial electrical installation under the supervision of a master journeyman electrician
or journeyman electrician and not more than a total of four
thousand hours in all specialties under the supervision of a
master journeyman electrician, journeyman electrician,
master specialty electrician working in that electrician’s specialty, or specialty electrician working in that electrician’s
specialty. Speciality electricians with less than a four
thousand hour work experience requirement cannot credit the
time required to obtain that specialty towards qualifying to
become a journeyman electrician; or
(ii) Successfully completed an apprenticeship program
approved under chapter 49.04 RCW for the electrical
construction trade.
(f) To be eligible to take the examination for a specialty
electrician certificate of competency the applicant must have:
(i) Worked in the residential (as specified in WAC 29646A-930(2)(a)), pump and irrigation (as specified in WAC
296-46A-930(2)(b)(i)), sign (as specified in WAC 296-46A930(2)(c)), limited energy (as specified in WAC 296-46A930(2)(e)(i)), nonresidential maintenance (as specified in
WAC 296-46A-930(2)(f)(i)), restricted nonresidential
maintenance as determined by the department in rule, or
other new nonresidential specialties as determined by the department in rule under the supervision of a master journeyman electrician, journeyman electrician, master specialty
electrician working in that electrician’s specialty, or specialty
electrician working in that electrician’s specialty for a
minimum of four thousand hours; or
(ii) Worked in the appliance repair specialty as determined by the department in rule or a specialty other than the
designated specialties in (f)(i) of this subsection for a
minimum of the initial ninety days, or longer if set by rule
by the department. The initial period must be spent under
one hundred percent supervision of a master journeyman
electrician, journeyman electrician, master specialty electrician working in that electrician’s specialty, or specialty
electrician working in that electrician’s specialty. After this
initial period, a person may take the specialty examination.
If the person passes the examination, the person may work
unsupervised for the balance of the minimum hours required
for certification. A person may not be certified as a specialty electrician in the appliance repair specialty or in a
specialty other than the designated specialities in (f)(i) of this
subsection, however, until the person has worked a minimum
of two thousand hours in that specialty, or longer if set by
rule by the department; or
(iii) Successfully completed an approved apprenticeship
program under chapter 49.04 RCW for the applicant’s
specialty in the electrical construction trade.
(g) Any applicant for a journeyman electrician certificate of competency who has successfully completed a two[Title 19 RCW—page 52]
year program in the electrical construction trade at public
community or technical colleges, or not-for-profit nationally
accredited technical or trade schools licensed by the work
force training and education coordinating board under
chapter 28C.10 RCW may substitute up to two years of the
technical or trade school program for two years of work
experience under a master journeyman electrician or journeyman electrician. The applicant shall obtain the additional
two years of work experience required in industrial or
commercial electrical installation prior to the beginning, or
after the completion, of the technical school program. Any
applicant who has received training in the electrical construction trade in the armed service of the United States may be
eligible to apply armed service work experience towards
qualification to take the examination for the journeyman
electrician certificate of competency.
(h) An applicant for a specialty electrician certificate of
competency who, after January 1, 2000, has successfully
completed a two-year program in the electrical construction
trade at a public community or technical college, or a notfor-profit nationally accredited technical or trade school
licensed by the work force training and education coordinating board under chapter 28C.10 RCW, may substitute up to
one year of the technical or trade school program for one
year of work experience under a master journeyman electrician, journeyman electrician, master specialty electrician
working in that electrician’s specialty, or specialty electrician
working in that electrician’s specialty. Any applicant who
has received training in the electrical construction trade in
the armed services of the United States may be eligible to
apply armed service work experience towards qualification
to take the examination for an appropriate specialty electrician certificate of competency.
(i) The department must determine whether hours of
training and experience in the armed services or school
program are in the electrical construction trade and appropriate as a substitute for hours of work experience. The
department must use the following criteria for evaluating the
equivalence of classroom electrical training programs and
work in the electrical construction trade:
(i) A two-year electrical training program must consist
of three thousand or more hours.
(ii) In a two-year electrical training program, a minimum of two thousand four hundred hours of student/instructor contact time must be technical electrical instruction directly related to the scope of work of the electrical specialty. Student/instructor contact time includes lecture
and in-school lab.
(iii) The department may not allow credit for a program
that accepts more than one thousand hours transferred from
another school’s program.
(iv) Electrical specialty training school programs of less
than two years will have all of the above student/instructor
contact time hours proportionately reduced. Such programs
may not apply to more than fifty percent of the work
experience required to attain certification.
(v) Electrical training programs of less than two years
may not be credited towards qualification for journeyman
electrician unless the training program is used to gain
qualification for a four thousand hour electrical specialty.
(j) No other requirement for eligibility may be imposed.
(2002 Ed.)
Electricians and Electrical Installations
(2) The department shall establish reasonable rules for
the examinations to be given applicants for certificates of
competency. In establishing the rules, the department shall
consult with the board. Upon determination that the applicant is eligible to take the examination, the department shall
so notify the applicant, indicating the time and place for
taking the examination.
(3) No noncertified individual may work unsupervised
more than one year beyond the date when the trainee would
be eligible to test for a certificate of competency if working
on a full-time basis after original application for the trainee
certificate. For the purposes of this section, full-time basis
means two thousand hours. [2002 c 249 § 5; 1997 c 309 §
3; 1988 c 81 § 13; 1983 c 206 § 14; 1980 c 30 § 4.
Formerly RCW 19.28.530.]
19.28.201 Examination—Times—Certification of
results—Contents—Fees. The department, in coordination
with the board, shall prepare an examination to be administered to applicants for master journeyman electrician,
journeyman electrician, master specialty electrician, and
specialty electrician certificates of competency.
The department, with the consent of the board, may
enter into a contract with a professional testing agency to
develop, administer, and score electrician certification
examinations. The department may set the examination fee
by contract with the professional testing agency.
The department must, at least four times annually,
administer the examination to persons eligible to take it
under RCW 19.28.191. The fee must cover, but not exceed,
the costs of preparing and administering the examination.
The department must certify the results of the examination upon the terms and after such a period of time as the
department, in cooperation with the board, deems necessary
and proper.
(1)(a) The master electrician’s certificates of competency examinations must include questions from the
following categories to ensure proper safety and protection
for the general public: (i) Safety; (ii) the state electrical
code; and (iii) electrical theory.
(b) A person may take the master electrician examination as many times as necessary without limit. All applicants must, before taking the examination, pay the required
examination fee to the agency administering the examination.
(2) The journeyman electrician and specialty electrician
examinations shall be constructed to determine:
(a) Whether the applicant possesses varied general
knowledge of the technical information and practical
procedures that are identified with the status of journeyman
electrician or specialty electrician; and
(b) Whether the applicant is sufficiently familiar with
the applicable electrical codes and the rules of the department pertaining to electrical installations and electricians.
A person may take the examination as many times as
necessary without limit. All applicants must, before taking
the examination, pay the required examination fee to the
agency administering the examination. [2002 c 249 § 6;
2001 c 211 § 13; 1996 c 147 § 8; 1988 c 81 § 14; 1986 c
156 § 13; 1983 c 206 § 15; 1980 c 30 § 5. Formerly RCW
19.28.540.]
(2002 Ed.)
19.28.191
19.28.211 Certificate of competency—Issuance—
Renewal—Continuing education—Fees—Effect. (1) The
department shall issue a certificate of competency to all
applicants who have passed the examination provided in
RCW 19.28.201, and who have complied with RCW
19.28.161 through 19.28.271 and the rules adopted under this
chapter. The certificate shall bear the date of issuance, and
shall expire on the holder’s birthday. The certificate shall be
renewed every three years, upon application, on or before the
holder’s birthdate. A fee shall be assessed for each certificate and for each annual renewal.
(2) If the certificate holder demonstrates to the department that he or she has satisfactorily completed an annual
eight-hour continuing education course, the certificate may
be renewed without examination by appropriate application
unless the certificate has been revoked, suspended, or not
renewed within ninety days after the expiration date.
(a) The contents and requirements for satisfactory
completion of the continuing education course shall be
determined by the director and approved by the board.
(b) The department shall accept proof of a certificate
holder’s satisfactory completion of a continuing education
course offered in another state as meeting the requirements
for maintaining a current Washington state certificate of
competency if the department is satisfied the course is
comparable in nature to that required in Washington state for
maintaining a current certificate of competency.
(3) If the certificate is not renewed before the expiration
date, the individual shall pay twice the usual fee. The
department shall set the fees by rule for issuance and
renewal of a certificate of competency. The fees shall cover
but not exceed the costs of issuing the certificates and of
administering and enforcing the electrician certification
requirements of this chapter.
(4) The certificates of competency and temporary
permits provided for in this chapter grant the holder the right
to work in the electrical construction trade as a master
electrician, journeyman electrician, or specialty electrician in
accordance with their provisions throughout the state and
within any of its political subdivisions without additional
proof of competency or any other license, permit, or fee to
engage in such work. [2002 c 249 § 7; 2001 c 211 § 14;
1996 c 241 § 7; 1993 c 192 § 1; 1986 c 156 § 14; 1983 c
206 § 16; 1980 c 30 § 6. Formerly RCW 19.28.550.]
19.28.221 Persons engaged in trade or business on
July 16, 1973. No examination shall be required of any
applicant for a certificate of competency who, on July 16,
1973, was engaged in a bona fide business or trade as a
journeyman electrician in the state of Washington. Applicants qualifying under this section shall be issued a certificate by the department upon making an application as
provided in RCW 19.28.181 and paying the fee required
under RCW 19.28.201: PROVIDED, That no applicant
under this section shall be required to furnish such evidence
as required by RCW 19.28.181. [2001 c 211 § 15; 1980 c
30 § 7. Formerly RCW 19.28.560.]
19.28.231 Temporary permits. The department is
authorized to grant and issue temporary permits in lieu of
certificates of competency whenever an electrician coming
[Title 19 RCW—page 53]
19.28.231
Title 19 RCW: Business Regulations—Miscellaneous
into the state of Washington from another state requests the
department for a temporary permit to engage in the electrical
construction trade as an electrician during the period of time
between filing of an application for a certificate as provided
in RCW 19.28.181 and the date the results of taking the
examination provided for in RCW 19.28.201 are furnished
to the applicant. The department is authorized to enter into
reciprocal agreements with other states providing for the
acceptance of such states’ journeyman and speciality
electrician certificate of competency or its equivalent when
such states requirements are equal to the standards set by
this chapter. No temporary permit shall be issued to:
(1) Any person who has failed to pass the examination
for a certificate of competency, except that any person who
has failed the examination for competency under this section
shall be entitled to continue to work under a temporary
permit for ninety days if the person is enrolled in a journeyman electrician refresher course and shows evidence to the
department that he or she has not missed any classes. The
person, after completing the journeyman electrician refresher
course, shall be eligible to retake the examination for competency at the next scheduled time.
(2) Any applicant under this section who has not
furnished the department with such evidence required under
RCW 19.28.181.
(3) To any apprentice electrician. [2001 c 211 § 16;
1986 c 156 § 15; 1983 c 206 § 17; 1980 c 30 § 8. Formerly
RCW 19.28.570.]
19.28.241 Revocation of certificate of competency—
Grounds—Procedure. (1) The department may revoke any
certificate of competency upon the following grounds:
(a) The certificate was obtained through error or fraud;
(b) The holder thereof is judged to be incompetent to
work in the electrical construction trade as a journeyman
electrician or specialty electrician;
(c) The holder thereof has violated any of the provisions
of RCW 19.28.161 through 19.28.271 or any rule adopted
under this chapter; or
(d) The holder thereof has committed a serious violation
of this chapter or any rule adopted under this chapter. A
serious violation is a violation that presents imminent danger
to the public.
(2) The department may deny an application for a
certificate of competency for up to two years if the
applicant’s previous certificate of competency has been revoked.
(3) Before any certificate of competency shall be
revoked, the holder shall be given written notice of the
department’s intention to do so, mailed by registered mail,
return receipt requested, to the holder’s last known address.
The notice shall enumerate the allegations against the holder,
and shall give the holder the opportunity to request a hearing
before the board. At the hearing, the department and the
holder may produce witnesses and give testimony. The
hearing shall be conducted in accordance with chapter 34.05
RCW. The board shall render its decision based upon the
testimony and evidence presented, and shall notify the parties
immediately upon reaching its decision. A majority of the
board shall be necessary to render a decision.
[Title 19 RCW—page 54]
(4) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order. If the person has continued to meet all
other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the order. [2002 c 249 § 8;
2001 c 211 § 17; 1997 c 58 § 845; 1988 c 81 § 15; 1983 c
206 § 18; 1980 c 30 § 9. Formerly RCW 19.28.580.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.28.251 Powers and duties of director—
Administration of RCW 19.28.161 through 19.28.271 by
the department. The director may promulgate rules, make
specific decisions, orders, and rulings, including demands
and findings, and take other necessary action for the implementation and enforcement of RCW 19.28.161 through
19.28.271. In the administration of RCW 19.28.161 through
19.28.271 the department shall not enter any controversy
arising over work assignments with respect to the trades
involved in the construction industry. [2001 c 211 § 18;
1983 c 206 § 20; 1980 c 30 § 11. Formerly RCW
19.28.600.]
19.28.261 Exemptions from RCW 19.28.161 through
19.28.271. Nothing in RCW 19.28.161 through 19.28.271
shall be construed to require that a person obtain a license or
a certified electrician in order to do electrical work at his or
her residence or farm or place of business or on other property owned by him or her unless the electrical work is on the
construction of a new building intended for rent, sale, or
lease. However, if the construction is of a new residential
building with up to four units intended for rent, sale, or
lease, the owner may receive an exemption from the requirement to obtain a license or use a certified electrician if he or
she provides a signed affidavit to the department stating that
he or she will be performing the work and will occupy one
of the units as his or her principal residence. The owner
shall apply to the department for this exemption and may
only receive an exemption once every twenty-four months.
It is intended that the owner receiving this exemption shall
occupy the unit as his or her principal residence for twentyfour months after completion of the units. Nothing in RCW
19.28.161 through 19.28.271 shall be intended to derogate
from or dispense with the requirements of any valid electrical code enacted by a city or town pursuant to RCW
19.28.010(3), except that no code shall require the holder of
a certificate of competency to demonstrate any additional
proof of competency or obtain any other license or pay any
fee in order to engage in the electrical construction trade.
RCW 19.28.161 through 19.28.271 shall not apply to
common carriers subject to Part I of the Interstate Commerce
Act, nor to their officers and employees. Nothing in RCW
19.28.161 through 19.28.271 shall be deemed to apply to the
(2002 Ed.)
Electricians and Electrical Installations
installation or maintenance of telephone, telegraph, radio, or
television wires and equipment; nor to any electrical utility
or its employees in the installation, repair, and maintenance
of electrical wiring, circuits, and equipment by or for the
utility, or comprising a part of its plants, lines or systems.
The licensing provisions of RCW 19.28.161 through
19.28.271 shall not apply to:
(1) Persons making electrical installations on their own
property or to regularly employed employees working on the
premises of their employer, unless the electrical work is on
the construction of a new building intended for rent, sale, or
lease;
(2) Employees of an employer while the employer is
performing utility type work of the nature described in RCW
19.28.091 so long as such employees have registered in the
state of Washington with or graduated from a state-approved
outside lineman apprenticeship course that is recognized by
the department and that qualifies a person to perform such
work; or
(3) Any work exempted under RCW 19.28.091(6).
Nothing in RCW 19.28.161 through 19.28.271 shall be
construed to restrict the right of any householder to assist or
receive assistance from a friend, neighbor, relative or other
person when none of the individuals doing the electrical
installation hold themselves out as engaged in the trade or
business of electrical installations. Nothing precludes any
person who is exempt from the licensing requirements of this
chapter under this section from obtaining a journeyman or
specialty certificate of competency if they otherwise meet the
requirements of this chapter. [2001 c 211 § 19; 1998 c 98
§ 2; 1994 c 157 § 1; 1992 c 240 § 3; 1986 c 156 § 16; 1983
c 206 § 21; 1980 c 30 § 12. Formerly RCW 19.28.610.]
19.28.271 Violations of RCW 19.28.161 through
19.28.271—Schedule of penalties—Appeal. (1) It is
unlawful for any person, firm, partnership, corporation, or
other entity to employ an individual for purposes of RCW
19.28.161 through 19.28.271 who has not been issued a
certificate of competency or a training certificate. It is
unlawful for any individual to engage in the electrical
construction trade or to maintain or install any electrical
equipment or conductors without having in his or her
possession a certificate of competency or a training certificate under RCW 19.28.161 through 19.28.271. Any person,
firm, partnership, corporation, or other entity found in
violation of RCW 19.28.161 through 19.28.271 shall be
assessed a penalty of not less than fifty dollars or more than
five hundred dollars. The department shall set by rule a
schedule of penalties for violating RCW 19.28.161 through
19.28.271. An appeal may be made to the board as is
provided in RCW 19.28.131. The appeal shall be filed
within twenty days after the notice of the penalty is given to
the assessed party by certified mail, return receipt requested,
sent to the last known address of the assessed party and shall
be made by filing a written notice of appeal with the department. Any equipment maintained or installed by any person
who does not possess a certificate of competency under
RCW 19.28.161 through 19.28.271 shall not receive an
electrical work permit and electrical service shall not be
connected or maintained to operate the equipment. Each day
that a person, firm, partnership, corporation, or other entity
(2002 Ed.)
19.28.261
violates RCW 19.28.161 through 19.28.271 is a separate
violation.
(2) A civil penalty shall be collected in a civil action
brought by the attorney general in the county wherein the
alleged violation arose at the request of the department if
any of RCW 19.28.161 through 19.28.271 or any rules
adopted under RCW 19.28.161 through 19.28.271 are
violated. [2001 c 211 § 20; 1996 c 147 § 9; 1988 c 81 § 16;
1986 c 156 § 17; 1983 c 206 § 22; 1980 c 30 § 13. Formerly RCW 19.28.620.]
PROVISIONS APPLICABLE TO ELECTRICAL
INSTALLATIONS AND TELECOMMUNICATIONS
INSTALLATIONS
19.28.301 Application—Subchapter heading. (1)
RCW 19.28.311 through 19.28.381 apply throughout this
chapter.
(2) RCW 19.28.311 through 19.28.381 constitute the
subchapter "provisions applicable to electrical installations
and telecommunications installations." [2000 c 238 § 1.]
Severability—2000 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 238 § 301.]
19.28.311 Electrical board. There is hereby created
an electrical board, consisting of fourteen members to be
appointed by the governor with the advice of the director of
labor and industries as herein provided. It shall be the
purpose and function of the board to advise the director on
all matters pertaining to the enforcement of this chapter
including, but not limited to standards of electrical and
telecommunications installation, minimum inspection procedures, and the adoption of rules pertaining to the electrical
inspection division: PROVIDED, HOWEVER, That no rules
shall be amended or repealed until the electrical board has
first had an opportunity to consider any proposed amendments or repeals and had an opportunity to make recommendations to the director relative thereto. The members of the
electrical board shall be selected and appointed as follows:
One member shall be an employee or officer of a corporation or public agency generating or distributing electric
power; one member must be an employee or officer of a
facilities-based telecommunications service provider regulated by the Washington state utilities and transportation
commission; three members shall be licensed electrical
contractors: PROVIDED, That one of these members may
be a representative of a trade association in the electrical industry; one member shall be a licensed telecommunications
contractor; one member shall be an employee, or officer, or
representative of a corporation or firm engaged in the
business of manufacturing or distributing electrical and telecommunications materials, equipment, or devices; one
member shall be a person with knowledge of the electrical
industry, not related to the electrical industry, to represent
the public; three members shall be certified electricians; one
member shall be a telecommunications worker; one member
shall be a licensed professional electrical engineer qualified
to do business in the state of Washington and designated as
a registered communications distribution designer; and one
[Title 19 RCW—page 55]
19.28.311
Title 19 RCW: Business Regulations—Miscellaneous
nonvoting member must be a building official from an
incorporated city or town with an electrical inspection
program established under RCW 19.28.141. The regular
term of each member shall be four years: PROVIDED,
HOWEVER, The original board shall be appointed on June
9, 1988, for the following terms: The first term of the member representing a corporation or public agency generating or
distributing electric power shall serve four years; two
members representing licensed electrical contractors shall
serve three years; the member representing a manufacturer
or distributor of electrical equipment or devices shall serve
three years; the member representing the public and one
member representing licensed electrical contractors shall
serve two years; the three members selected as certified
electricians shall serve for terms of one, two, and three
years, respectively; the member selected as the licensed
professional electrical engineer shall serve for one year. In
appointing the original board, the governor shall give due
consideration to the value of continuity in membership from
predecessor boards. Thereafter, the governor shall appoint
or reappoint board members for terms of four years and to
fill vacancies created by the completion of the terms of the
original members. When new positions are created, the
governor may appoint the initial members to the new
positions to staggered terms of one to three years. The
governor shall also fill vacancies caused by death, resignation, or otherwise for the unexpired term of such members
by appointing their successors from the same business
classification. The same procedure shall be followed in
making such subsequent appointments as is provided for the
original appointments. The board, at this first meeting shall
elect one of its members to serve as chairman. Any person
acting as the chief electrical inspector shall serve as secretary
of the board during his or her tenure as chief state inspector.
Meetings of the board shall be held at least quarterly in
accordance with a schedule established by the board. Each
member of the board shall receive compensation in accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses in accordance with RCW 43.03.050 and
43.03.060 which shall be paid out of the electrical license
fund, upon vouchers approved by the director of labor and
industries. [2000 c 238 § 3; 1988 c 81 § 4; 1984 c 287 §
56; 1975-’76 2nd ex.s. c 34 § 60; 1969 ex.s. c 71 § 1; 1963
c 207 § 5. Formerly RCW 19.28.065.]
Severability—2000 c 238: See note following RCW 19.28.301.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
19.28.321 Enforcement—State electrical inspectors—Qualifications—Salaries and expenses. The director
of labor and industries of the state of Washington and the
officials of all incorporated cities and towns where electrical
inspections are required by local ordinances shall have power
and it shall be their duty to enforce the provisions of this
chapter in their respective jurisdictions. The director of
labor and industries shall appoint a chief electrical inspector
and may appoint other electrical inspectors as the director
deems necessary to assist the director in the performance of
the director’s duties. The chief electrical inspector, subject
to the review of the director, shall be responsible for pro[Title 19 RCW—page 56]
viding the final interpretation of adopted state electrical
standards, rules, and policies for the department and its
inspectors, assistant inspectors, electrical plan examiners, and
other individuals supervising electrical program personnel.
If a dispute arises within the department regarding the interpretation of adopted state electrical standards, rules, or
policies, the chief electrical inspector, subject to the review
of the director, shall provide the final interpretation of the
disputed standard, rule, or policy. All electrical inspectors
appointed by the director of labor and industries shall have
not less than: Four years experience as journeyman electricians in the electrical construction trade installing and
maintaining electrical wiring and equipment, or two years
electrical training in a college of electrical engineering of
recognized standing and four years continuous practical
electrical experience in installation work, or four years of
electrical training in a college of electrical engineering of
recognized standing and two years continuous practical
electrical experience in electrical installation work; or four
years experience as a journeyman electrician performing the
duties of an electrical inspector employed by the department
or a city or town with an approved inspection program under
RCW 19.28.141, except that for work performed in accordance with the national electrical safety code and covered by
this chapter, such inspections may be performed by a person
certified as an outside journeyman lineman, under RCW
19.28.261(2), with four years experience or a person with
four years experience as a certified outside journeyman
lineman performing the duties of an electrical inspector
employed by an electrical utility. Such state inspectors shall
be paid such salary as the director of labor and industries
shall determine, together with their travel expenses in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. As a condition of employment, inspectors hired exclusively to perform inspections in
accordance with the national electrical safety code must
possess and maintain certification as an outside journeyman
lineman. The expenses of the director of labor and industries and the salaries and expenses of state inspectors
incurred in carrying out the provisions of this chapter shall
be paid entirely out of the electrical license fund, upon
vouchers approved by the director of labor and industries.
[2001 c 211 § 21; 1997 c 309 § 4; 1986 c 156 § 4; 1975-’76
2nd ex.s. c 34 § 61; 1967 c 88 § 1; 1935 c 169 § 3; RRS §
8307-3. Formerly RCW 19.28.070, 19.28.080, 19.28.090,
19.28.100, 19.28.110.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
19.28.331 Inspection reports. If any inspection made
under this chapter requires any correction or change in the
work inspected, a written report of the inspection shall be
made by the inspector, in which report the corrections or
changes required shall be plainly stated. A copy of the
report shall be furnished to the person, firm, partnership,
corporation, or other entity doing the installation work, and
a copy shall be filed with the department. [1983 c 206 § 8;
1935 c 169 § 9; RRS § 8307-9. Formerly RCW 19.28.250.]
19.28.341 Revocation or suspension of license—
Grounds—Appeal to board—Fee—Costs. (1) The
(2002 Ed.)
Electricians and Electrical Installations
department has the power, in case of serious noncompliance
with the provisions of this chapter, to revoke or suspend for
such a period as it determines, any electrical or telecommunications contractor license or electrical or telecommunications contractor administrator certificate issued under this
chapter. The department shall notify the holder of the
license or certificate of the revocation or suspension by
certified mail. A revocation or suspension is effective
twenty days after the holder receives the notice. Any
revocation or suspension is subject to review by an appeal to
the board. The filing of an appeal stays the effect of a
revocation or suspension until the board makes its decision.
The appeal shall be filed within twenty days after notice of
the revocation or suspension is given by certified mail sent
to the address of the holder of the license or certificate as
shown on the application for the license or certificate, and
shall be effected by filing a written notice of appeal with the
department, accompanied by a certified check for two
hundred dollars, which shall be returned to the holder of the
license or certificate if the decision of the department is not
sustained by the board. The hearing shall be conducted in
accordance with chapter 34.05 RCW. If the board sustains
the decision of the department, the two hundred dollars shall
be applied by the department to the payment of the per diem
and expenses of the members of the board incurred in the
matter, and any balance remaining after payment of per diem
and expenses shall be paid into the electrical license fund.
(2) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order. If the person has continued to meet all
other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the order. [2000 c 238 § 4;
1997 c 58 § 844; 1996 c 241 § 5; 1988 c 81 § 10; 1986 c
156 § 10; 1983 c 206 § 11; 1935 c 169 § 7; RRS § 8307-7.
Formerly RCW 19.28.310, 19.28.320.]
Severability—2000 c 238: See note following RCW 19.28.301.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.28.351 Electrical license fund. All sums received
from licenses, permit fees, or other sources, herein shall be
paid to the state treasurer and placed in a special fund
designated as the "electrical license fund," and by him paid
out upon vouchers duly and regularly issued therefor and approved by the director of labor and industries or the
director’s designee following determination by the board that
the sums are necessary to accomplish the intent of chapter
19.28 RCW. The treasurer shall keep an accurate record of
payments into, or receipts of, said fund, and of all disbursements therefrom. [1988 c 81 § 11; 1979 ex.s. c 67 § 1;
1935 c 169 § 18; RRS § 8307-18. Formerly RCW
19.28.330.]
(2002 Ed.)
19.28.341
Severability—1979 ex.s. c 67: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 67 § 22.]
19.28.361 Liability for injury or damage. Nothing
contained in this chapter will be construed to relieve from or
lessen the responsibility or liability of any person for injury
or damage to person or property caused by or resulting from
any defect of any nature in any electrical or telecommunications work performed by said person or in any electrical or
telecommunications equipment owned, controlled, installed,
operated or used by him or her; nor shall the state of
Washington, or any officer, agent, or employee thereof incur
or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as
herein provided, or by reason of consequence of any things
done or acts performed pursuant to any provision of this
chapter. [2000 c 238 § 5; 1935 c 169 § 16; RRS § 8307-16.
Formerly RCW 19.28.340.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.371 Devices for diagnosis or treatment of
disease or injury—Compliance with chapter. Any device
used or useful in the diagnosis or treatment of disease or
injury which is not in violation of the Medical Device
Amendments of 1976, Public Law No. 94-295, 90 Stat. 539,
as amended from time to time, and as interpreted by the
Food and Drug Administration of the United States Department of Health and Human Services or its successor, shall
be deemed to be in compliance with all requirements imposed by this chapter. [1981 c 57 § 1. Formerly RCW
19.28.390.]
19.28.381 Denial of renewal of certificate or license
for outstanding penalties—Notice—Appeal—Hearing.
The department may deny renewal of a certificate or license
issued under this chapter, if the applicant for renewal owes
outstanding penalties for a final judgment under this chapter.
The department shall notify the applicant of the denial by
registered mail, return receipt requested, to the address on
the application. The applicant may appeal the denial within
twenty days by filing a notice of appeal with the department
accompanied by a certified check for two hundred dollars
which shall be returned to the applicant if the decision of the
department is not upheld by the board. The office of
administrative hearings shall conduct the hearing under
chapter 34.05 RCW. The electrical board shall review the
proposed decision at the next regularly scheduled board
meeting. If the board sustains the decision of the department, the two hundred dollars must be applied to the cost of
the hearing. [1996 c 241 § 1. Formerly RCW 19.28.630.]
PROVISIONS APPLICABLE TO
TELECOMMUNICATIONS INSTALLATIONS
19.28.400 Definitions. The definitions in this section
apply throughout this subchapter unless the context clearly
requires otherwise.
[Title 19 RCW—page 57]
19.28.400
Title 19 RCW: Business Regulations—Miscellaneous
(1) "Telecommunications backbone cabling systems"
means a system that provides interconnections between
telecommunications closets, equipment rooms, and entrance
facilities in the telecommunications cabling system structure.
Backbone cabling consists of the backbone cables, intermediate and main cross-connects, mechanical terminations, and
patch cords or jumpers used for backbone to backbone crossconnection. Backbone cabling also includes cabling between
buildings.
(2) "Board" means the electrical board under RCW
19.28.311.
(3) "Department" means the department of labor and
industries.
(4) "Director" means the director of the department or
the director’s designee.
(5) "Telecommunications horizontal cabling systems"
means the portions of the telecommunications cabling system
that extends [extend] from the work area telecommunications
outlet or connector to the telecommunications closet. The
horizontal cabling includes the horizontal cables, the telecommunications outlet or connector in the work area, the
mechanical termination, and horizontal cross-connections
located in the telecommunications closet.
(6) "Telecommunications network demarcation point"
means the point or interconnection between the service
provider’s communications cabling, terminal equipment, and
protective apparatus and the customer’s premises telecommunications cabling system. The location of this point for
regulated carriers is determined by federal and state regulations. The carrier should be contacted to determine the
location policies in effect in the area.
(7) "Telecommunications scope of work" means the
work of a telecommunications contractor. This includes the
installation, maintenance, and testing of telecommunications
systems, equipment, and associated hardware, pathway systems, and cable management systems, which excludes cable
tray and conduit raceway systems. The scope also includes
installation of open wiring systems of telecommunications
cables, surface nonmetallic raceways designated and used
exclusively for telecommunications, optical fiber innerduct
raceway, underground raceways designated and used exclusively for telecommunications and installed for additions or
extensions to existing telecommunications systems not to
exceed fifty feet inside the building, and incidental short
sections of circular or surface metal raceway, not to exceed
ten feet, for access or protection of telecommunications
cabling and installation of cable trays and ladder racks in
telecommunications service entrance rooms, spaces, or
closets.
(8) A "telecommunications structured cabling system"
is the complete collective configuration of cabling and
associated hardware at a given site and installed to perform
specific telecommunications functions.
(9) "Telecommunications administrator" means a person
designated by a telecommunications contractor to supervise
the installation of telecommunications systems in accordance
with rules adopted under this chapter.
(10) "Telecommunications closet" means a room for
housing telecommunications equipment, cable terminations,
and cross-connect wiring that serve that particular floor. The
closet is the recognized transition point between the backbone and horizontal cabling systems.
[Title 19 RCW—page 58]
(11) "Telecommunications contractor" means a person,
firm, partnership, corporation, or other entity that advertises,
offers to undertake, undertakes, submits a bid for, or does
the work of installing or maintaining telecommunications
systems.
(12) "Telecommunications service entrance room or
space" means a room or space used as the building serving
facility in which the joining of inter-building and intrabuilding backbone facilities takes place. The service
entrance room may also house electronic equipment serving
any telecommunications function.
(13) "Telecommunications systems" means structured
cabling systems that begin at the demarcation point between
the local service provider and the customer’s premises
structured cabling system.
(a) Telecommunications systems encompass all forms of
information generation, processing, and transporting of
signals conveyed electronically or optically within or
between buildings, including voice, data, video, and audio.
(b) Telecommunications systems include structured
cabling systems, compatible connecting hardware, telecommunications equipment, premises switching equipment, infrared, fiber optic, radio-frequency, and other limited-energy
interconnections associated with telecommunications systems
or appliances.
(c) Telecommunications systems do not include horizontal cabling used for fire protection signaling systems,
intrusion alarms, access control systems, patient monitoring
systems, energy management control systems, industrial and
automation control systems, HVAC/refrigeration control
systems, lighting control systems, and stand-alone amplified
sound or public address systems.
(d) Telecommunications systems may interface with
other building signal systems including security, alarms, and
energy management at cross-connection junctions within
telecommunications closets or at extended points of demarcation. Telecommunications systems do not include the
installation or termination of premises line voltage service,
feeder, or branch circuit conductors or equipment.
(14) "Telecommunications worker" means a person
primarily and regularly engaged in the installation and/or
maintenance of telecommunications systems, equipment, and
infrastructure as defined in this chapter.
(15) "Telecommunications workstation" means a
building space where the occupant normally interacts with
telecommunications equipment. The telecommunications
outlet in the work area is the point at which end-user
equipment plugs into the building telecommunications utility
formed by the pathway, space, and building wiring system.
[2000 c 238 § 204.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.410 Telecommunications systems installations—Subject to this subchapter. (1) All installations of
wires and equipment defined as telecommunications systems
are subject to the requirements of this subchapter. Installations shall be in conformity with approved methods of
construction for safety to life and property. The national
electrical code, approved standards of the telecommunications industries association, the electronic industries association, the American national standards institute, and other
(2002 Ed.)
Electricians and Electrical Installations
safety standards approved by the department shall be
evidence of approved methods of installation.
(2) This chapter may not limit the authority or power of
any city or town to enact and enforce under authority given
by law in RCW 19.28.141, any ordinance, or rule requiring
an equal, higher, or better standard of construction and an
equal, higher, or better standard of materials, devices, appliances, and equipment than that required by this chapter.
[2000 c 238 § 205.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.420 Telecommunications contractor license—
Application—Bond—Issuance of license. (1) It is unlawful
for any person, firm, partnership, corporation, or other entity
to advertise, offer to do work, submit a bid, engage in,
conduct, or carry on the business of installing or maintaining
telecommunications systems without having a telecommunications contractor license. Electrical contractors licensed as
general electrical (01) or specialty electrical (06) contractors
under chapter 19.28 RCW and their designated administrators qualify to perform all telecommunications work defined
in this chapter. Telecommunications contractors licensed
under this chapter are not required to be registered under
chapter 18.27 RCW. All telecommunications licenses expire
twenty-four calendar months following the day of their issue.
A telecommunications contractor license is not required for
a licensed specialty electrical contractor to perform telecommunications installations or maintenance integral to the
equipment or occupancy limitations of their electrical
specialty. A telecommunications contractor license is not
required for persons making telecommunications installations
or performing telecommunications maintenance on their own
property or for regularly employed employees working on
the premises of their employer, unless on a new building
intended for rent, sale, or lease.
(2) Application for a telecommunications contractor
license shall be made in writing to the department accompanied by the required fee. The applications shall state:
(a) The name and address of the applicant. In the case
of firms or partnerships, the applications shall state the
names of the individuals composing the firm or partnership.
In the case of corporations, the applications shall state the
names of the corporation’s managing officials;
(b) The location of the place of business of the applicant
and the name under which the business is conducted;
(c) The employer social security number or tax identification number;
(d) Evidence of workers’ compensation coverage for the
applicant’s employees working in Washington, as follows:
(i) The applicant’s industrial insurance account number
issued by the department;
(ii) The applicant’s self-insurer number issued by the
department; or
(iii) For applicants domiciled in a state or province of
Canada subject to an agreement entered into under RCW
51.12.120(7), as permitted by the agreement, filing a
certificate of coverage issued by the agency that administers
the workers’ compensation law in the applicant’s state or
province of domicile certifying that the applicant has secured
the payment of compensation under the other state’s or
province’s workers’ compensation law;
(2002 Ed.)
19.28.410
(e) The employment security department number; and
(f) The state excise tax registration number.
(3) The unified business identifier account number may
be substituted for the information required by subsection
(2)(d), (e), and (f) of this section if the applicant will not
employ employees in Washington.
(4) The department may verify the workers’ compensation coverage information provided by the applicant under
subsection (2)(d) of this section including, but not limited to,
information regarding the coverage of an individual employee of the applicant. If coverage is provided under the
laws of another state, the department may notify the other
state that the applicant is employing employees in Washington.
(5) To obtain a telecommunications contractor license
the applicant must designate an individual who currently
possesses a telecommunications administrator certificate. To
obtain an administrator’s certificate an individual must pass
an examination as set forth in this chapter. Examination
criteria will be determined by the board.
(6) No examination may be required of any applicant
for an initial telecommunications administrator certificate
qualifying under this section. Applicants qualifying under
this section shall be issued an administrator certificate by the
department upon making an application and paying the
required fee. Individuals must apply before July 1, 2001, to
qualify for an administrator certificate without examination
under this section. The board shall certify to the department
the names of all persons entitled to this administrator
certificate.
Prior to July 1, 2001, bona fide registered contractors
under chapter 18.27 RCW engaged in the business of
installing or maintaining telecommunications wiring in this
state on or before June 8, 2000, may designate the following
number of persons to receive a telecommunications administrator certificate without examination:
(a) One owner or officer of a contractor, registered
under chapter 18.27 RCW on or before June 8, 2000,
currently engaged in the business of installing telecommunications wiring;
(b) One employee, principal, or officer, with a minimum
of two years experience performing telecommunications
installations, per registered telecommunication[s] contractor;
and
(c) One employee for each one hundred employees, or
fraction thereof, with a minimum of two years experience
performing telecommunications installations.
(7) The application for a contractor license shall be
accompanied by a bond in the sum of four thousand dollars
with the state of Washington named as obligee in the bond,
with good and sufficient surety, to be approved by the department. The bond shall at all times be kept in full force
and effect, and any cancellation or revocation thereof, or
withdrawal of the surety therefrom, suspends the license
issued to the principal until a new bond has been filed and
approved as provided in this section. Upon approval of a
bond, the department shall, on the next business day, deposit
the fee accompanying the application in the electrical license
fund and shall file the bond in the office. The department
shall, upon request, furnish to any person, firm, partnership,
corporation, or other entity a certified copy of the bond upon
the payment of a fee that the department shall set by rule.
[Title 19 RCW—page 59]
19.28.420
Title 19 RCW: Business Regulations—Miscellaneous
The fee shall cover but not exceed the cost of furnishing the
certified copy. The bond shall be conditioned that the
principal will pay for all labor, including employee benefits,
and material furnished or used upon the work, taxes and
contributions to the state of Washington, and all damages
that may be sustained by any person, firm, partnership,
corporation, or other entity due to a failure of the principal
to make the installation or maintenance in accordance with
this chapter. In lieu of the surety bond required by this
section the applicant may file with the department a cash
deposit or other negotiable security acceptable to the
department. If the applicant has filed a cash deposit, the department shall deposit the funds in a special trust savings
account in a commercial bank, mutual savings bank, or
savings and loan association and shall pay annually to the
depositor the interest derived from the account.
(8) Any person, firm, or corporation sustaining any
damage or injury by reason of the principal’s breach of the
conditions of the bond required under this section may bring
an action against the surety named therein, joining in the
action the principal named in the bond; the action shall be
brought in the superior court of any county in which the
principal on the bond resides or transacts business, or in the
county in which the work was performed as a result of
which the breach is alleged to have occurred; the action shall
be maintained and prosecuted as other civil actions. Claims
or actions against the surety on the bond shall be paid in full
in the following order of priority: (a) Labor, including
employee benefits, (b) materials and equipment used upon
such work, (c) taxes and contributions due to the state, (d)
damages sustained by any person, firm, or corporation due
to the failure of the principal to make the installation in
accordance with this chapter, or any ordinance, building
code, or regulation applicable thereto. However, the total
liability of the surety on any bond may not exceed the sum
of four thousand dollars, and the surety on the bond may not
be liable for monetary penalties. Any action shall be
brought within one year from the completion of the work in
the performance of which the breach is alleged to have
occurred. The surety shall mail a conformed copy of the
judgment against the bond to the department within seven
days. In the event that a cash or securities deposit has been
made in lieu of the surety bond, and in the event of a
judgment being entered against the depositor and deposit, the
director shall upon receipt of a certified copy of a final judgment, pay the judgment from the deposit.
(9) The department shall issue a telecommunications
contractor license to applicants meeting all of the requirements of this chapter applicable to electrical and telecommunications installations. The provisions of this chapter
relating to the licensing of any person, firm, partnership,
corporation, or other entity including the requirement of a
bond with the state of Washington named as obligee and the
collection of a fee for that bond, are exclusive, and no
political subdivision of the state of Washington may require
or issue any licenses or bonds or charge any fee for the
same or a similar purpose. [2000 c 238 § 206.]
applicant for a telecommunications contractor license shall
designate a supervisory employee or member of the firm to
take the administrator’s examination. This person shall be
designated as administrator under the contractor’s license and
must be a full-time supervisory employee of the applicant.
No person may qualify as administrator for more than one
contractor. If the relationship of the administrator with the
telecommunications contractor is terminated, the contractor’s
license is void within ninety days unless another administrator is qualified by the board. However, if the administrator
dies, the contractor’s license is void within one hundred
eighty days unless another administrator is qualified by the
board.
(2) A certificate issued under this section is valid for
two years from the nearest birthdate of the administrator,
unless revoked or suspended, and is nontransferable. The
certificate may be renewed for a two-year period without
examination by appropriate application unless the certificate
has been revoked, suspended, or not renewed within ninety
days after the expiration date. If the certificate is not
renewed before the expiration date, the individual shall pay
twice the usual fee. A person may take the administrator’s
test as many times as necessary to pass, without limit.
(3) The administrator shall:
(a) Be a member of the firm or a supervisory employee
and shall be available during working hours to carry out the
duties of an administrator under this section;
(b) Ensure that all telecommunications work complies
with the telecommunication[s] installation laws and rules;
(c) Ensure proper permits are required and inspections
made;
(d) See that corrective notices issued by an inspecting
authority are complied with; and
(e) Notify the department in writing within ten days if
the administrator relationship is terminated with the telecommunications contractor. [2000 c 238 § 207.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.440 Examination for telecommunications
administrators’ certificates. It is the purpose and function
of the board to establish and administer written examinations
for telecommunications administrators’ certificates. Examinations shall be designed to reasonably ensure that telecommunications administrators’ certificate holders are competent
to engage in and supervise the work regulated under this
subchapter and their respective licenses. The examinations
shall include questions to assure proper safety and protection
for the general public. The department, with the consent of
the board, is permitted to enter into a contract with a
professional testing agency to develop, administer, and score
these examinations. The fee for the examination may be set
by the department in its contract with the professional testing
agency. The department may direct that the applicant pay
the fee to the professional testing agency. The fee shall
cover but not exceed the costs of preparing and administering the examination. [2000 c 238 § 208.]
Severability—2000 c 238: See note following RCW 19.28.301.
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.430 Administrator’s examination—
Certificate—Administrator’s requirements. (1) Each
[Title 19 RCW—page 60]
19.28.450 Local enforcement of subchapter—
Enforcement of chapter. (1) The director and the officials
of all incorporated cities and towns where electrical inspec(2002 Ed.)
Electricians and Electrical Installations
tions are required by local ordinances, allowed by RCW
19.28.141, may require by local ordinance the enforcement
of this subchapter in their respective jurisdictions. If an
incorporated city or town elects to enforce this subchapter,
the city or town has the power and shall enforce the provisions of this subchapter.
(2) The director, through the chief electrical inspector
and other inspectors appointed under RCW 19.28.321, shall
enforce this chapter. Compliance enforcement may be
performed by contractor compliance inspectors appointed
under chapter 18.27 RCW. The expenses of the director and
the salaries and expenses of state inspectors incurred in
carrying out the provisions of this chapter shall be paid
entirely out of the electrical license fund, on vouchers
approved by the director. [2000 c 238 § 209.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.460 Disputes regarding local regulations—
Arbitration—Panel. Disputes arising under this chapter
regarding whether any city or town’s telecommunications
rules, regulations, or ordinances are equal to the rules
adopted by the department shall be resolved by arbitration.
The department shall appoint two members of the board to
serve on the arbitration panel, and the city or town shall
appoint two persons to serve on the arbitration panel. These
four persons shall choose a fifth person to serve. If the four
persons cannot agree on a fifth person, the presiding judge
of the superior court of the county in which the city or town
is located shall choose a fifth person. A decision of the
arbitration panel may be appealed to the superior court of the
county in which the city or town is located within thirty days
after the date the panel issues its final decision. [2000 c 238
§ 210.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.470 Inspections—Report—Required repairs/changes—Accessibility of telecommunications
systems. (1) The director shall require permits and require
an inspector to inspect all installations of telecommunications
systems on the customer side of the network demarcation
point for projects greater than ten outlets. However:
(a) All projects penetrating fire barriers, passing through
hazardous locations and all backbone installations regardless
of size shall be inspected;
(b) All installations in single-family residences, duplex
residences, and horizontal cabling systems within apartment
residential units, including cooperatives and condominiums,
do not require permits or inspections;
(c) No permits or inspections may be required for
installation or replacement of cord and plug connected
telecommunications equipment or for patch cord and jumper
cross-connected equipment;
(d) The chief electrical inspector may allow a building
owner or licensed electrical/telecommunications contractor to
apply for annual permitting and regularly scheduled inspection of telecommunications installations made by licensed
electrical/telecommunications contractors or the building
owner for large commercial and industrial installations
where:
(i) The building owner or licensed electrical/telecommunications contractor has a full-time telecommu(2002 Ed.)
19.28.450
nications maintenance staff or a yearly maintenance contract
with a licensed electrical/telecommunications contractor;
(ii) The permit is purchased before beginning any
telecommunications work; and
(iii) The building owner or licensed electrical/telecommunications contractor assumes responsibility for
correcting all installation deficiencies.
(2) Upon request, the department shall make the
required inspection within forty-eight hours. The forty-eight
hour period excludes holidays, Saturdays, and Sundays.
(3) A written report of the inspection, which plainly and
clearly states any corrections or changes required, shall be
made by the inspector. A copy of the report shall be
furnished to the person or entity doing the installation work,
and a copy shall be filed by the department.
(4) Whenever the installation of any telecommunications
cabling and associated hardware is not in accordance with
this chapter, or is in such a condition as to be dangerous to
life or property, the person, firm, partnership, corporation, or
other entity owning, using, or operating it shall be notified
by the department and shall within fifteen working days, or
such further reasonable time as may upon request be granted,
make such repairs and changes as are required to remove the
danger to life or property and to make it conform to this
chapter. The director, through the inspector, is empowered
to disconnect or order the discontinuance of the telecommunications cabling or electrical service to conductors or
equipment that are found to be in a dangerous or unsafe
condition and not in accordance with this chapter. Upon
making a disconnection, the inspector shall attach a notice
stating that the conductors have been found dangerous to life
or property and are not in accordance with this chapter. It
is unlawful for any person to reconnect such defective
conductors or equipment without the approval of the department, and until the conductors and equipment have been
placed in a safe and secure condition that complies with this
chapter.
(5) The director, through the electrical inspector, has the
right during reasonable hours to enter into and upon any
building or premises in the discharge of his or her official
duties related to permitting activities for the purpose of
making any inspection or test of the installation of new or
altered telecommunications systems contained in or on the
buildings or premises. No telecommunications cabling
subject to this chapter may be concealed until it has been
approved by the inspector making the inspection. At the
time of the inspection, wiring or equipment subject to this
chapter must be sufficiently accessible to permit the inspector to verify installation conformance with the adopted codes
and any other requirements of this chapter. [2000 c 238 §
211.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.480 Unlawful acts—Interpretation of chapter.
(1) It is unlawful for any person, firm, partnership, corporation, or other entity to install or maintain any telecommunications cabling and associated hardware in violation of this
chapter. When the interpretation and application of the
installation or maintenance standards provided for in this
chapter are in dispute or in doubt, the board shall, upon
application of any interested person, firm, partnership,
[Title 19 RCW—page 61]
19.28.480
Title 19 RCW: Business Regulations—Miscellaneous
corporation, or other entity, determine the methods of
installation or maintenance of the cabling materials and
hardware to be used in the case submitted for its decision.
(2) Any person, firm, partnership, corporation, or other
entity desiring a decision of the board under this section
shall, in writing, notify the director of such desire and shall
accompany the notice with a certified check payable to the
department in the sum of two hundred dollars. The notice
shall specify the ruling or interpretation desired and the
contention of the person, firm, partnership, corporation, or
other entity as to the proper interpretation or application on
the question on which a decision is desired. If the board
determines that the contention of the applicant for a decision
was proper, the two hundred dollars shall be returned to the
applicant; otherwise it shall be used in paying the expenses
and per diem of the members of the board in connection
with the matter. Any portion of the two hundred dollars not
used in paying the per diem and expenses of the board in the
case shall be paid into the electrical license fund. [2000 c
238 § 212.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.490 Violation of chapter—Penalty—Appeal.
Any person, firm, partnership, corporation, or other entity
violating any of the provisions of this chapter may be
assessed a penalty of not less than one hundred dollars or
more than ten thousand dollars per violation. The department, after consulting with the board and receiving the
board’s recommendations, shall set by rule a schedule of
penalties for violating this chapter. The department shall
notify the person, firm, partnership, corporation, or other
entity violating any of these provisions of the amount of the
penalty and of the specific violation. The notice shall be
sent by certified mail, return receipt requested, to the last
known address of the assessed party. Penalties are subject
to review by an appeal to the board. The filing of an appeal
stays the effect of the penalty until the board makes its
decision. The appeal shall be filed within twenty days after
notice of the penalty is given to the assessed party, and shall
be made by filing a written notice of appeal with the
department. The notice shall be accompanied by a certified
check for two hundred dollars, that shall be returned to the
assessed party if the decision of the department is not
sustained by the board. If the board sustains the decision of
the department, the two hundred dollars shall be applied by
the department to the payment of the per diem and expenses
of the members of the board incurred in the matter, and any
balance remaining after payment of per diem and expenses
shall be paid into the electrical license fund. The hearing
and review procedures shall be conducted in accordance with
chapter 34.05 RCW. The board shall assign its hearings to
an administrative law judge to conduct the hearing and issue
a proposed decision and order. The board shall be allowed
a minimum of twenty days to review a proposed decision
and shall issue its decision no later than the next regularly
scheduled board meeting. [2000 c 238 § 213.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.501 Insurance/financial responsibility. (1) At
the time of licensing and subsequent relicensing, the applicant shall furnish insurance or financial responsibility in the
[Title 19 RCW—page 62]
form of an assigned account in the amount of twenty
thousand dollars for injury or damages to property, fifty
thousand dollars for injury or damage including death to any
one person, and one hundred thousand dollars for injury or
damage including death to more than one person, or financial
responsibility to satisfy these amounts.
(2) Failure to maintain insurance or financial responsibility relative to the contractor’s activities is cause to
suspend or deny the contractor’s license.
(3)(a) Proof of financial responsibility authorized in this
section may be given by providing, in the amount required
by subsection (1) of this section, an assigned account
acceptable to the department. The assigned account shall be
held by the department to satisfy any execution on a judgment issued against the contractor for damage to property or
injury or death to any person occurring in the contractor’s
contracting operation, according to the provisions of the
assigned account agreement. The department shall have no
liability for payment in excess of the amount of the assigned
account.
(b) The assigned account filed with the director as proof
of financial responsibility shall be canceled three years after:
(i) The contractor’s license has expired or been revoked;
(ii) The contractor has furnished proof of insurance as
required by subsection (1) of this section; or
(iii) No legal action has been instituted against the
contractor or on the account at the end of the three-year
period.
(c) If a contractor chooses to file an assigned account as
authorized in this section, the contractor shall, on a contracting project, notify each person with whom the contractor
enters into a contract or to whom the contractor submits a
bid, that the contractor has filed an assigned account in lieu
of insurance and that recovery from the account for any
claim against the contractor for property damage or personal
injury or death occurring on the project requires the claimant
to obtain a court judgment. [2000 c 238 § 214.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.511 Individual certification not required.
Individual worker certification is not required for work under
this subchapter. This subchapter does not preclude any
person performing telecommunications work from obtaining
a limited energy credit towards an electrical certificate of
competency if they otherwise meet the certification requirements under this chapter that are applicable to electrical
installations. [2000 c 238 § 215.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.521 Limitation of action—Proof of valid
license required. No person, firm, or corporation engaging
in or conducting or carrying on the business of telecommunications installation shall be entitled to commence or maintain
any suit or action in any court of this state pertaining to any
such work or business, without alleging and proving that
such person, firm or corporation held, at the time of commencing and performing such work, an unexpired, unrevoked, and unsuspended license issued under this subchapter;
and no city or town requiring by ordinance or regulation a
permit for inspection or installation of such telecommunications installation work, shall issue such permit to any
(2002 Ed.)
Electricians and Electrical Installations
person, firm or corporation not holding such license. [2000
c 238 § 216.]
19.28.521
19.28.910 Effective date—1963 c 207. This act shall
take effect on July 1, 1963. [1963 c 207 § 6.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.531 Unlawful installation/maintenance—
Disputed interpretation—Board to determine methods.
It is unlawful for any person, firm, partnership, corporation,
or other entity to install or maintain telecommunications
equipment not in accordance with this subchapter. In cases
where the interpretation and application of the installation or
maintenance standards under this subchapter are in dispute
or in doubt, the board shall, upon application of any interested person, firm, partnership, corporation, or other entity,
determine the methods of installation or maintenance or the
materials, devices, appliances, or equipment to be used in the
particular case submitted for its decision. [2000 c 238 §
217.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.541 Entity desiring board decision—Process.
Any person, firm, partnership, corporation, or other entity
desiring a decision of the board pursuant to RCW 19.28.531
shall, in writing, notify the director of such desire and shall
accompany the notice with a certified check payable to the
department in the sum of two hundred dollars. The notice
shall specify the ruling or interpretation desired and the
contention of the person, firm, partnership, corporation, or
other entity as to the proper interpretation or application on
the question on which a decision is desired. If the board
determines that the contention of the applicant for a decision
was proper, the two hundred dollars shall be returned to the
applicant; otherwise it shall be used in paying the expenses
and per diem of the members of the board in connection
with the matter. Any portion of the two hundred dollars not
used in paying the per diem and expenses of the board in the
case shall be paid into the electrical license fund. [2000 c
238 § 218.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.551 Director’s authority—Adoption of rules.
(1) The director may adopt rules, make specific decisions,
orders, and rulings, including demands and findings, and take
other necessary action for the implementation and enforcement of this subchapter after consultation with the board and
receiving the board’s recommendations. In the administration of this subchapter the department shall not enter any
controversy arising over work assignments with respect to
the trades involved in the construction industry.
(2) Compliance with the rules adopted under subsection
(1) of this section is prima facie evidence of compliance
with the subchapter. Copies of all rules shall be maintained
by the department and made available upon request. [2000
c 238 § 219.]
Severability—2000 c 238: See note following RCW 19.28.301.
19.28.900 Severability—1935 c 169. If any section
or part of this chapter shall be held and adjudged to be void
or unconstitutional such adjudication shall not affect any
other section or part of this chapter not adjudged to be void
or unconstitutional. [1935 c 169 § 17.]
(2002 Ed.)
19.28.911 Severability—1983 c 206. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 206 § 24.]
Chapter 19.29
ELECTRICAL CONSTRUCTION
Sections
19.29.010
19.29.020
19.29.030
19.29.040
Rules for use of electrical apparatus or construction.
Copy of chapter to be posted.
Time for compliance.
Enforcement by director of labor and industries—Change of
rules—Violation.
19.29.050 Violation of rules by public service company or political
subdivision—Penalty.
19.29.060 Violation of rules by agent, employee or officer—Penalty.
Electricians, licensing, etc.: Chapter 19.28 RCW.
19.29.010 Rules for use of electrical apparatus or
construction. It shall be unlawful from and after the
passage of this chapter for any officer, agent, or employee
of the state of Washington, or of any county, city or other
political subdivision thereof, or for any other person, firm or
corporation, or its officers, agents or employees, to run,
place, erect, maintain, or use any electrical apparatus or
construction, except as provided in the rules of this chapter.
Rule 1. No wire or cable, except the neutral, carrying
a current of less than seven hundred fifty volts of electricity
within the corporate limits of any city or town shall be run,
placed, erected, maintained or used on any insulator the
center of which is less than thirteen inches from the center
line of any pole. And no such wire, except the neutral, shall
be run past any pole to which it is not attached at a distance
of less than thirteen inches from the center line thereof.
This rule shall not apply to any wire or cable where the
same is run from under ground and placed vertically on the
pole; nor to any wire or cable where the same is attached to
the top of the pole; nor to a pole top fixture as between it
and the same pole; nor to any wire or cable between the
points where the same is made to leave any pole or fixture
thereon for the purpose of entering any building or other
structure and the point of attachment to such building or
structure; nor to any jumper wire or cable carrying a current
or connected with a transformer or other appliance on the
same pole; nor to bridle or jumper wires on any pole which
are attached to or connected with signal wires on the same
pole; nor to any aerial cable as between such cable and any
pole upon which it originates or terminates; nor to exclusive
telephone or telegraph toll lines; nor to aerial cables containing telephone, telegraph, or signal wires, or wires continuing
from same, where the cable is attached to poles on which no
wires or cables other than the wires continuing from said
cable are maintained, provided, that electric light or power
wires or cables are in no case maintained on the same side
of the street or highway on which said aerial cable is placed.
[Title 19 RCW—page 63]
19.29.010
Title 19 RCW: Business Regulations—Miscellaneous
Rule 2. No wire or cable used to carry a current of
over seven hundred fifty volts of electricity within the
incorporate limits of any city or town shall be run, placed,
erected, maintained or used on any insulator the center of
which is nearer than twenty-four inches to the center line of
any pole. And no such wire or cable shall be run past any
pole to which it is not attached at a distance of less than
twenty-four inches from the center line thereof: PROVIDED, That this shall not apply to any wire or cable where the
same is run from under ground and placed vertically on the
pole; nor to any wire or cable where the same is attached to
the top of the pole; nor to a pole top fixture, as between it
and the same pole; nor to any wire or cable between the
points where the same is made to leave any pole or fixture
thereon for the purpose of entering any building or other
structure, and the point of attachment to said building or
structure; nor to any jumper wire or cable carrying a current
or connected with transformers or other appliances on the
same pole: PROVIDED FURTHER, That where said wire
or cable is run vertically, it shall be rigidly supported and
where possible run on the ends of the cross-arms.
Rule 3. No wire or cable carrying a current of more
than seven hundred fifty volts, and less than seventy-five
hundred volts of electricity, shall be run, placed, erected,
maintained or used within three feet of any wire or cable
carrying a current of seven hundred fifty volts or less of
electricity; and no wire or cable carrying a current of more
than seventy-five hundred volts of electricity shall be run,
placed, erected, maintained, or used within seven feet of any
wire or cable carrying less than seventy-five hundred volts:
PROVIDED, That the foregoing provisions of this paragraph
shall not apply to any wire or cable within buildings or other
structures; nor where the same are run from under ground
and placed vertically upon the pole; nor to any service wire
or cable where the same is made to leave any pole or fixture
thereon for the purpose of entering any building or other
structure, and the point of attachment to said building or
structure; nor to any jumper wire or cable carrying a current
or connected with a transformer or other appliance on the
same pole: PROVIDED, That where run vertically, wires or
cables shall be rigidly supported, and where possible run on
the ends of the cross-arms: PROVIDED FURTHER, That
as between any two wires or cables mentioned in Rules 1, 2
and 3 of this section, only the wires or cables last in point
of time so run, placed, erected or maintained, shall be held
to be in violation of the provisions thereof.
Rule 4. No wire or cable used for telephone, telegraph,
district messenger, or call bell circuit, fire or burglar alarm,
or any other similar system, shall be run, placed, erected,
maintained or used on any pole at a distance of less than
three feet from any wire or cable carrying a current of over
three hundred volts of electricity; and in all cases (except
those mentioned in exceptions to Rules 1, 2 and 3) where
such wires or cables are run, above or below, or cross over
or under electric light or power wires, or a trolley wire, a
suitable method of construction, or insulation or protection
to prevent contact shall be maintained as between such wire
or cable and such electric light, power or trolley wire; and
said methods of construction, insulation or protection shall
be installed by, or at the expense of the person owning the
wire last placed in point of time: PROVIDED, That
telephone, telegraph or signal wires or cables operated for
[Title 19 RCW—page 64]
private use and not furnishing service to the public, may be
placed less than three feet from any line carrying a voltage
of less than seven hundred and fifty volts.
Rule 5. Transformers, either single or in bank, that
exceed a total capacity of over ten K.W. shall be supported
by a double cross-arm, or some fixture equally as strong.
No transformer shall be placed, erected, maintained or used
on any cross-arm or other appliance on a pole upon which
is placed a series electric arc lamp or arc light: PROVIDED, This shall not apply to a span wire supporting a lamp
only. All aerial and underground transformers used for low
potential distribution shall be subjected to an insulation test
in accordance with the standardized rules of the American
Institute of Electrical Engineers. In addition to this each
transformer shall be tested at rated line voltage prior to each
installation and shall have attached to it a tag showing the
date on which the test was made, and the name of the person
making the test.
Rule 6. No wire or cable, other than ground wires, used
to conduct or carry electricity, shall be placed, run, erected,
maintained or used vertically on any pole without causing
such wire or cable to be at all times sufficiently insulated the
full length thereof to insure the protection of anyone coming
in contact with said wire or cable.
Rule 7. The neutral point or wire of all transformer
secondaries strung or erected for use in low potential
distributing systems shall be grounded in all cases where the
normal maximum difference of potential between the ground
and any point in the secondary circuit will not exceed one
hundred and fifty volts. When no neutral point or wire is
accessible one side of the secondary circuit shall be grounded in the case of single phase transformers, and any one
common point in the case of interconnected polyphase bank
or banks of transformers. Where the maximum difference of
potential between the ground and any point in the secondary
circuit will, when grounded, exceed one hundred fifty volts,
grounding shall be permitted. Such grounding shall be done
in the manner provided in Rule 30.
Rule 8. In all cases where a wire or cable larger than
No. 14 B.W.G. originates or terminates on insulators
attached to any pin or other appliance, said wire or cable
shall be attached to at least two insulators: PROVIDED
HOWEVER, That this section shall not apply to service
wires to buildings; nor to wires run vertically on a pole; nor
to wires originating or terminating on strain insulators or
circuit breakers; nor to telephone, telegraph or signal wires
outside the limits of any incorporated city or town.
Rule 9. Fixtures placed or erected for the support of
wires on the roofs of buildings shall be of sufficient strength
to withstand all strains to which they may be subjected, due
to the breaking of all wires on one side thereof, and except
where insulated wires or cables are held close to fire walls
by straps or rings, shall be of such height and so placed that
all of the wires supported by such fixtures shall be at least
seven feet above any point of roofs less than one-quarter
pitch over which they pass or may be attached, and no roof
fixtures or wire shall be so placed that they will interfere
with the free passage of persons upon, over, to or from the
roofs.
Rule 10. No guy wire or cable shall be placed, run,
erected, maintained or used within the incorporate limits of
any city or town on any pole or appliance to which is
(2002 Ed.)
Electrical Construction
attached any wire or cable used to conduct electricity
without causing said guy wire or cable to be efficiently
insulated with circuit breakers at all times at a distance of
not less than eight feet nor more than ten feet measured
along the line of said guy wire or cable from each end thereof: PROVIDED, No circuit breaker shall be required at the
lower end of the guy wire or cable where the same is
attached to a ground anchor, nor shall any circuit breaker be
required where said guy wire or cable runs direct from a
grounded messenger wire to a grounded anchor rod.
Rule 11. In all span wires used for the purpose of
supporting trolley wires or series arc lamps there shall be at
least two circuit breakers, one of which shall at all times be
maintained no less than four feet nor more than six feet
distant from the trolley wire or series arc lamp, and in cases
where the same is supported by a building or metallic pole,
the other circuit breaker shall be maintained at the building
or at the pole: PROVIDED, That in span wires which
support two or more trolley wires no circuit breaker shall be
required in the span wire between any two of the trolley
wires: PROVIDED FURTHER, That in span wires supporting trolley wires attached to wooden poles only the circuit
breaker adjacent to the trolley wire shall be required.
Rule 12. At all points where in case of a breakdown of
trolley span wires, the trolley wire would be liable to drop
within seven feet of the ground, there shall be double span
wires and hangers placed at such points.
Rule 13. All energized wires or appliances installed
inside of any building or vault, for the distribution of
electrical energy, shall be sufficiently insulated, or so
guarded, located, or arranged as to protect any person from
injury.
Rule 14. The secondary circuit of current transformers,
the casings of all potential regulators and arc light transformers, all metal frames of all switch boards, metal oil tanks
used on oil switches except where the tank is part of the
conducting system, all motor and generator frames, the entire
frame of the crane and the tracks of all traveling cranes and
hoisting devices, shall be thoroughly grounded, as provided
in Rule 30.
Rule 15. All generators and motors having a potential
of more than three hundred volts shall be provided with a
suitable insulated platform or mat so arranged as to permit
the attendant to stand upon such platform or mat when
working upon the live parts of such generators or motors.
Rule 16. Suitable insulated platforms or mats shall be
provided for the use of all persons while working on any
live part of switchboards on which any wire or appliance
carries a potential in excess of three hundred volts.
Rule 17. Every generator, motor, transformer, switch or
other similar piece of apparatus and device used in the
generation, transmission or distribution of electrical energy
in stations or substations, shall be either provided with a
name plate giving the capacity in volts and amperes, or have
this information stamped thereon in such a manner as to be
clearly legible.
Rule 18. When lines of seven hundred fifty volts or
over are cut out at the station or substation to allow employees to work upon them, they shall be short-circuited and
grounded at the station, and shall in addition, if the line
wires are bare, be short-circuited, and where possible
grounded at the place where the work is being done.
(2002 Ed.)
19.29.010
Rule 19. All switches installed with overload protection
devices, and all automatic overload circuit breakers must
have the trip coils so adjusted as to afford complete protection against overloads and short circuits, and the same must
be so arranged that no pole can be opened manually without
opening all the poles, and the trip coils shall be instantly
operative upon closing.
Rule 20. All feeders for electric railways must, before
leaving the plant or substation, be protected by an approved
circuit breaker which will cut off the circuit in case of an
accidental ground or short circuit.
Rule 21. There shall be provided in all distributing
stations a ground detecting device.
Rule 22. There shall be provided in all stations, plants,
and buildings herein specified warning cards printed on red
cardboard not less than two and one-quarter by four and onehalf inches in size, which shall be attached to all switches
opened for the purpose of linemen or other employees
working on the wires. The person opening any line switch
shall enter upon said card the name of the person ordering
the switch opened, the time opened, the time line was
reported clear and by whom, and shall sign his own name.
Rule 23. No manhole containing any wire carrying a
current of over three hundred volts shall be less than six feet
from floor to inside of roof; if circular in shape it shall not
be less than six feet in diameter; if square it shall be six feet
from wall to wall: PROVIDED HOWEVER, That this
paragraph shall not apply to any manhole in which it shall
not be required that any person enter to perform work:
PROVIDED FURTHER, That the foregoing provisions of
this paragraph shall not apply where satisfactory proof shall
be submitted to the proper authorities that it is impracticable
or physically impossible to comply with this law within the
space or location designated by the proper authorities.
Rule 24. All manholes containing any wires or appliances carrying electrical current shall be kept in a sanitary
condition, free from stagnant water or seepage or other
drainage which is offensive or dangerous to health, either by
sewer connection or otherwise, while any person is working
in the same.
Rule 25. No manhole shall have an opening to the
outer air of less than twenty-six inches in diameter, and the
cover of same shall be provided with vent hole or holes
equivalent to three square inches in area.
Rule 26. No manhole shall have an opening which is,
at the surface of the ground, within a distance of three feet
at any point from any rail of any railway or street car track:
PROVIDED, That this shall not apply where satisfactory
proof shall be submitted to the proper authorities that it is
impracticable or physically impossible to comply with the
provisions of this paragraph: PROVIDED, That in complying with the provisions of this rule only the construction last
in point of time performed, placed or erected shall be held
to be in violation thereof.
Rule 27. Whenever persons are working in any manhole whose opening to the outer air is less than three feet
from the rail of any railway or street car track, a watchman
or attendant shall be stationed on the surface at the entrance
of such manhole at all times while work is being performed
therein.
Rule 28. All persons employed in manholes shall be
furnished with insulated platforms so as to protect the
[Title 19 RCW—page 65]
19.29.010
Title 19 RCW: Business Regulations—Miscellaneous
workers while at work in the manholes: PROVIDED, That
this paragraph shall not apply to manholes containing only
telephone, telegraph or signal wires or cables.
Rule 29. No work shall be permitted to be done on any
live wire, cable or appliance carrying more than seven
hundred fifty volts of electricity by less than two competent
and experienced persons, who, at all times while performing
such work shall be in the same room, chamber, manhole or
other place in which, or on the same pole on which, such
work is being done: PROVIDED, That in districts where
only one competent and experienced person is regularly
employed, and a second competent and experienced person
cannot be obtained without delay at prevailing rate of pay in
said district, such work shall be permitted to be done by one
competent and experienced person and a helper who need
not be on the same pole on which said work is being done.
No work shall be permitted to be done in any manhole
or subway on any live wire, cable or appliance carrying
more than three hundred volts of electricity by less than two
competent and experienced persons, who at all times while
performing such work shall be in the same manhole or
subway in which such work is being done.
Rule 30. The grounding provided for in these rules
shall be done in the following manner: By connecting a
wire or wires not less than No. 6 B.&S. gauge to a water
pipe of a metallic system outside of the meter, if there is
one, or to a copper plate one-sixteenth inch thick and not
less than three feet by six feet area buried in coke below the
permanent moisture level, or to other device equally as
efficient. The ground wire or wires of a direct current
system of three or more wires shall not be smaller than the
neutral wire at the central station, and not smaller than a No.
6 B.&S. gauge elsewhere: PROVIDED, That the maximum
cross section area of any ground wire or wires at the central
station need not exceed one million circular mils. The
ground wires shall be carried in as nearly a straight line as
possible, and kinks, coils and short bends shall be avoided:
PROVIDED, That the provisions of this rule shall not apply
as to size to ground wires run from instrument transformers
or meters. [1989 c 12 § 3; 1987 c 79 § 1; 1965 ex.s. c 65
§ 1; 1913 c 130 § 1; RRS § 5435.] [1954 SLC-RO 29.]
19.29.020 Copy of chapter to be posted. A copy of
this chapter printed in a legible manner shall be kept posted
in a conspicuous place in all electric plants, stations and
storerooms. [1913 c 130 § 2; RRS § 5436.] [1954 SLCRO-29.]
19.29.030 Time for compliance. All wires, cables,
poles, electric fixtures and appliances of every kind being
used or operated at the time of the passage of this chapter,
shall be changed, and made to conform to the provisions of
this chapter, on or before the 1st day of July, 1940: PROVIDED HOWEVER, That the director of labor and industries of Washington shall have power, upon reasonable
notice, to order and require the erection of all guards,
protective devices, and methods of protection which in the
judgment of the director are necessary and should be
constructed previous to the expiration of the time fixed in
this section: PROVIDED FURTHER, That nothing in this
chapter shall apply to manholes already constructed, except
[Title 19 RCW—page 66]
the provisions for guards, sanitary conditions, drainage and
safety appliances specified in rules 20, 24, 26, 29, 30, 31
and 32. [1937 c 105 § 1; 1931 c 24 § 1; 1921 c 20 § 1;
1917 c 41 § 1; 1913 c 130 § 3; RRS § 5437.] [1954 SLCRO-29.]
19.29.040 Enforcement by director of labor and
industries—Change of rules—Violation. It shall be the
duty of the director of labor and industries of Washington to
enforce all the provisions and rules of this chapter and the
director is hereby empowered upon hearing to amend, alter
and change any and all rules herein contained, or any part
thereof, and to supplement the same by additional rules and
requirements, after first giving reasonable public notice and
a reasonable opportunity to be heard to all affected thereby:
PROVIDED, That no rule amending, altering or changing
any rule supplementary to the rules herein contained shall
provide a less measure of safety than that provided by the
rule amended, altered or changed.
A violation of any rule herein contained or of any rule
or requirement made by the director of labor and industries
which it is hereby permitted to make shall be deemed a
violation of this chapter. [1983 c 4 § 2; 1913 c 130 § 4;
RRS § 5438.] [1954 SLC-RO-29.]
19.29.050 Violation of rules by public service
company or political subdivision—Penalty. Every public
service company, county, city, or other political subdivision
of the state of Washington, and all officers, agents and employees of any public service company, county, city, or other
political subdivision of the state of Washington, shall obey,
observe and comply with every order, rule, direction or
requirement made by the commission [director of labor and
industries] under authority of this chapter, so long as the
same shall be and remain in force. Any public service
company, county, city, or other political subdivision of the
state of Washington, which shall violate or fail to comply
with any provision of this chapter, or which fails, omits or
neglects to obey, observe or comply with any order, rule, or
any direction, demand or requirement of the commission
[director of labor and industries], pursuant to this chapter,
shall be subject to a penalty of not to exceed the sum of one
thousand dollars for each and every offense. Every violation
of any such order, direction or requirement of this chapter
shall be a separate and distinct offense, and in case of a
continued violation every day’s continuance thereof shall be
and be deemed to be a separate and distinct offense. [1913
c 130 § 5; RRS § 5439.] [1954 SLC-RO-29.]
Reviser’s note: (1) Duties of the public service commission devolved
on director of labor and industries. 1921 c 7 § 80(5) relating to powers and
duties of the director of labor and industries reads: "(5) To exercise all the
powers and perform all the duties in relation to the enforcement, amendment, alteration, change, and making additions to rules and regulations
concerning the operation, placing, erection, maintenance, and use of
electrical apparatus, and the construction thereof, now vested in, and
required to be performed by, the public service commission;". See also
RCW 43.22.050(3).
(2) Name of "public service commission" changed to "utilities and
transportation commission" by 1961 c 290 § 1.
19.29.060 Violation of rules by agent, employee or
officer—Penalty. Every officer, agent or employee of any
public service company, the state of Washington, or any
(2002 Ed.)
Electrical Construction
county, city, or other political subdivision of the state of
Washington, who shall violate or fail to comply with, or who
procures, aids or abets any violation by any public service
company, the state of Washington, or any county, city or
other political subdivision of the state of Washington, of any
provision of this chapter, or who shall fail to obey, observe
or comply with any order of the commission [director of
labor and industries], pursuant to this chapter, or any
provision of any order of the commission [director of labor
and industries], or who procures, aids or abets any such public service company, the state of Washington, or any county,
city, or other political subdivision of the state of Washington, in its failure to obey, observe and comply with any such
order or provision, shall be guilty of a gross misdemeanor.
[1913 c 130 § 6; RRS § 5440.] [1954 SLC-RO-29.]
Reviser’s note: See note following RCW 19.29.050.
Chapter 19.29A
CONSUMERS OF ELECTRICITY
Sections
19.29A.005
19.29A.010
19.29A.020
19.29A.030
19.29A.040
19.29A.050
19.29A.060
19.29A.070
19.29A.080
19.29A.090
19.29A.900
19.29A.901
Findings—Intent.
Definitions.
Disclosures to retail electric customers.
Notice of disclosures to retail electric customers.
Exceptions for small utility—Voluntary compliance.
Annual fuel mix information—Disclosure label—
Requirements.
Fuel mix disclosure—Electricity product categories—
Disclosure format.
Actions required of department—Convene work group—
Report to legislature.
Electricity information coordinator—Selection—Regional
entity serving as coordinator, requirements—Retail
supplier’s information.
Voluntary option to purchase qualified alternative energy
resources—Rates, terms, and conditions—Reports.
Construction—1998 c 300.
Severability—1998 c 300.
19.29A.005 Findings—Intent. (1) The legislature
finds that:
(a) Electricity is a basic and fundamental need of all
residents; and
(b) Currently Washington’s consumer-owned and
investor-owned utilities offer consumers a high degree of
reliability and service quality while providing some of the
lowest rates in the country.
(2) The legislature intends to:
(a) Preserve the benefits of consumer and environmental
protection, system reliability, high service quality, and lowcost rates;
(b) Ensure that all retail electrical customers have the
same level of rights and protections; and
(c) Require the adequate disclosure of the rights
afforded to retail electric customers. [1998 c 300 § 1.]
19.29A.010 Definitions. The definitions in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Biomass generation" means electricity derived from
burning solid organic fuels from wood, forest, or field
residue, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives
(2002 Ed.)
19.29.060
such as creosote, pentachlorophenol, or copper-chromaarsenic.
(2) "Bonneville power administration system mix"
means a generation mix sold by the Bonneville power
administration that is net of any resource specific sales and
that is net of any electricity sold to direct service industrial
customers, as defined in section 3(8) of the Pacific Northwest electric power planning and conservation act (16 U.S.C.
Sec. 839(a)(8)).
(3) "Coal generation" means the electricity produced by
a generating facility that burns coal as the primary fuel
source.
(4) "Commission" means the utilities and transportation
commission.
(5) "Conservation" means an increase in efficiency in
the use of energy use that yields a decrease in energy
consumption while providing the same or higher levels of
service. Conservation includes low-income weatherization
programs.
(6) "Consumer-owned utility" means a municipal electric
utility formed under Title 35 RCW, a public utility district
formed under Title 54 RCW, an irrigation district formed
under chapter 87.03 RCW, a cooperative formed under
chapter 23.86 RCW, or a mutual corporation or association
formed under chapter 24.06 RCW, that is engaged in the
business of distributing electricity to more than one retail
electric customer in the state.
(7) "Declared resource" means an electricity source
specifically identified by a retail supplier to serve retail
electric customers. A declared resource includes a stated
quantity of electricity tied directly to a specified generation
facility or set of facilities either through ownership or
contract purchase, or a contractual right to a stated quantity
of electricity from a specified generation facility or set of
facilities.
(8) "Department" means the department of community,
trade, and economic development.
(9) "Electricity information coordinator" means the
organization selected by the department under RCW
19.29A.080 to: (a) Compile generation data in the Northwest power pool by generating project and by resource
category; (b) compare the quantity of electricity from
declared resources reported by retail suppliers with available
generation from such resources; (c) calculate the net system
power mix; and (d) coordinate with other comparable
organizations in the western interconnection.
(10) "Electric meters in service" means those meters that
record in at least nine of twelve calendar months in any
calendar year not less than two hundred fifty kilowatt hours
per month.
(11) "Electricity product" means the electrical energy
produced by a generating facility or facilities that a retail
supplier sells or offers to sell to retail electric customers in
the state of Washington, provided that nothing in this title
shall be construed to mean that electricity is a good or
product for the purposes of Title 62A RCW, or any other
purpose. It does not include electrical energy generated onsite at a retail electric customer’s premises.
(12) "Electric utility" means a consumer-owned or
investor-owned utility as defined in this section.
[Title 19 RCW—page 67]
19.29A.010
Title 19 RCW: Business Regulations—Miscellaneous
(13) "Electricity" means electric energy measured in
kilowatt hours, or electric capacity measured in kilowatts, or
both.
(14) "Fuel mix" means the actual or imputed sources of
electricity sold to retail electric customers, expressed in
terms of percentage contribution by resource category. The
total fuel mix included in each disclosure shall total one
hundred percent.
(15) "Geothermal generation" means electricity derived
from thermal energy naturally produced within the earth.
(16) "Governing body" means the council of a city or
town, the commissioners of an irrigation district, municipal
electric utility, or public utility district, or the board of
directors of an electric cooperative or mutual association that
has the authority to set and approve rates.
(17) "High efficiency cogeneration" means electricity
produced by equipment, such as heat or steam used for
industrial, commercial, heating, or cooling purposes, that
meets the federal energy regulatory commission standards for
qualifying facilities under the public utility regulatory
policies act of 1978.
(18) "Hydroelectric generation" means a power source
created when water flows from a higher elevation to a lower
elevation and the flow is converted to electricity in one or
more generators at a single facility.
(19) "Investor-owned utility" means a company owned
by investors that meets the definition of RCW 80.04.010 and
is engaged in distributing electricity to more than one retail
electric customer in the state.
(20) "Landfill gas generation" means electricity produced by a generating facility that uses waste gases produced
by the decomposition of organic materials in landfills.
(21) "Natural gas generation" means electricity produced
by a generating facility that burns natural gas as the primary
fuel source.
(22) "Northwest power pool" means the generating
resources included in the United States portion of the
Northwest power pool area as defined by the western
systems coordinating council.
(23) "Net system power mix" means the fuel mix in the
Northwest power pool, net of: (a) Any declared resources
in the Northwest power pool identified by in-state retail
suppliers or out-of-state entities that offer electricity for sale
to retail electric customers; (b) any electricity sold by the
Bonneville power administration to direct service industrial
customers; and (c) any resource specific sales made by the
Bonneville power administration.
(24) "Oil generation" means electricity produced by a
generating facility that burns oil as the primary fuel source.
(25) "Proprietary customer information" means: (a)
Information that relates to the source and amount of electricity used by a retail electric customer, a retail electric
customer’s payment history, and household data that is made
available by the customer solely by virtue of the utilitycustomer relationship; and (b) information contained in a
retail electric customer’s bill.
(26) "Renewable resources" means electricity generation
facilities fueled by: (a) Water; (b) wind; (c) solar energy;
(d) geothermal energy; (e) landfill gas; or (f) biomass energy
based on solid organic fuels from wood, forest, or field
residues, or dedicated energy crops that do not include wood
pieces that have been treated with chemical preservatives
[Title 19 RCW—page 68]
such as creosote, pentachlorophenol, or copper-chromearsenic.
(27) "Resale" means the purchase and subsequent sale
of electricity for profit, but does not include the purchase
and the subsequent sale of electricity at the same rate at
which the electricity was purchased.
(28) "Retail electric customer" means a person or entity
that purchases electricity for ultimate consumption and not
for resale.
(29) "Retail supplier" means an electric utility that
offers an electricity product for sale to retail electric customers in the state.
(30) "Small utility" means any consumer-owned utility
with twenty-five thousand or fewer electric meters in service,
or that has an average of seven or fewer customers per mile
of distribution line.
(31) "Solar generation" means electricity derived from
radiation from the sun that is directly or indirectly converted
to electrical energy.
(32) "State" means the state of Washington.
(33) "Waste incineration generation" means electricity
derived from burning solid or liquid wastes from businesses,
households, municipalities, or waste treatment operations.
(34) "Wind generation" means electricity created by
movement of air that is converted to electrical energy.
[2000 c 213 § 2; 1998 c 300 § 2.]
19.29A.020 Disclosures to retail electric customers.
Except as otherwise provided in RCW 19.29A.040, each
electric utility must provide its retail electric customers with
the following disclosures in accordance with RCW
19.29A.030:
(1) An explanation of any applicable credit and deposit
requirements, including the means by which credit may be
established, the conditions under which a deposit may be
required, the amount of any deposit, interest paid on the
deposit, and the circumstances under which the deposit will
be returned or forfeited.
(2) A complete, itemized listing of all rates and charges
for which the customer is responsible, including charges, if
any, to terminate service, the identity of the entity responsible for setting rates, and an explanation of how to receive
notice of public hearings where changes in rates will be
considered or approved.
(3) An explanation of the metering or measurement
policies and procedures, including the process for verifying
the reliability of the meters or measurements and adjusting
bills upon discovery of errors in the meters or measurements.
(4) An explanation of bill payment policies and procedures, including due dates, applicable late fees, and the
interest rate charged, if any, on unpaid balances.
(5) An explanation of the payment arrangement options
available to customers, including budget payment plans and
the availability of home heating assistance from government
and private sector organizations.
(6) An explanation of the method by which customers
must give notice of their intent to discontinue service, the
circumstances under which service may be discontinued by
the utility, the conditions that must be met by the utility
prior to discontinuing service, and how to avoid disconnection.
(2002 Ed.)
Consumers of Electricity
(7) An explanation of the utility’s policies governing the
confidentiality of proprietary customer information, including
the circumstances under which the information may be
disclosed and ways in which customers can control access to
the information.
(8) An explanation of the methods by which customers
may make inquiries to and file complaints with the utility,
and the utility’s procedures for responding to and resolving
complaints and disputes, including a customer’s right to
complain about an investor-owned utility to the commission
and appeal a decision by a consumer-owned utility to the
governing body of the consumer-owned utility.
(9) An annual report containing the following information for the previous calendar year:
(a) A general description of the electric utility’s customers, including the number of residential, commercial, and
industrial customers served by the electric utility, and the
amount of electricity consumed by each customer class in
which there are at least three customers, stated as a percentage of the total utility load;
(b) A summary of the average electricity rates for each
customer class in which there are at least three customers,
stated in cents per kilowatt hour, the date of the electric
utility’s last general rate increase or decrease, the identity of
the entity responsible for setting rates, and an explanation of
how to receive notice of public hearings where changes in
rates will be considered or approved;
(c) An explanation of the amount invested by the
electric utility in conservation, nonhydrorenewable resources,
and low-income energy assistance programs, and the source
of funding for the investments; and
(d) An explanation of the amount of federal, state, and
local taxes collected and paid by the electric utility, including the amounts collected by the electric utility but paid
directly by retail electric customers. [1998 c 300 § 3.]
19.29A.030 Notice of disclosures to retail electric
customers. Except as otherwise provided in RCW
19.29A.040, an electric utility shall:
(1) Provide notice to all of its retail electric customers
that the disclosures required in RCW 19.29A.020 are
available without charge upon request. Such notice shall be
provided at the time service is established and either included as a prominent part of each customer’s bill or in a written
notice mailed to each customer at least once a year thereafter. Required disclosures shall be provided without charge,
in writing using plain language that is understandable to an
ordinary customer, and presented in a form that is clear and
conspicuous.
(2) Disclose the following information in a prominent
manner on all billing statements sent to retail electric
customers, or by a separate written notice mailed to all retail
electric customers at least quarterly and at the same time as
a billing statement: "YOUR BILL INCLUDES CHARGES
FOR ELECTRICITY, DELIVERY SERVICES, GENERAL
ADMINISTRATION AND OVERHEAD, METERING,
TAXES, CONSERVATION EXPENSES, AND OTHER
ITEMS." [1998 c 300 § 4.]
19.29A.040 Exceptions for small utility—Voluntary
compliance. The provisions of RCW 19.29A.020,
(2002 Ed.)
19.29A.020
19.29A.030, section 5, chapter 300, Laws of 1998, and RCW
19.29A.090 do not apply to a small utility. However,
nothing in this section prohibits the governing body of a
small utility from determining the utility should comply with
any or all of the provisions of RCW 19.29A.020,
19.29A.030, section 5, chapter 300, Laws of 1998, and RCW
19.29A.090, which governing bodies are encouraged to do.
[2001 c 214 § 29; 1998 c 300 § 6.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
19.29A.050 Annual fuel mix information—
Disclosure label—Requirements. (1) Beginning in 2001,
each retail supplier shall provide to its existing and new
retail electric customers its annual fuel mix information by
generation category as required in RCW 19.29A.060.
(2) Disclosures required under subsection (1) of this
section shall be provided through a disclosure label presented
in a standardized format as required in RCW 19.29A.060(7).
(3) Except as provided in subsection (5) of this section,
each retail supplier shall provide the disclosure label:
(a) To each of its new retail electric customers at the
time service is established;
(b) To all of its existing retail electric customers, as a
bill insert or other mailed publication, not less than semiannually; and
(c) As part of any marketing material, in paper, written,
or other media format, that is used primarily to promote the
sale of any specific electricity product being advertised,
contracted for, or offered for sale to current or prospective
retail electric customers.
(4) In addition to the disclosure requirements under
subsection (3) of this section, each retail supplier shall
provide to each electric customer it serves, at least two
additional times per year, a publication that contains either:
(a) The disclosure label;
(b) A customer service phone number to request a
disclosure label; or
(c) A reference to an electronic form of the disclosure
label.
(5) Small utilities and mutual light and power companies shall provide the disclosure label not less than annually
through a publication that is distributed to all their retail
electric customers, and have disclosure label information
available in their main business office. If a small utility or
mutual company engages in marketing a specific electric
product new to that utility it shall provide the disclosure
label described in subsection (3)(c) of this section. [2000 c
213 § 3.]
Finding—Intent—2000 c 213: "(1) Consumer disclosure ensures that
retail electric consumers purchasing electric energy receive basic information about the characteristics associated with their electric product in a form
that facilitates consumer understanding of retail electric energy service and
the development of new products responsive to consumer preferences.
(2) The legislature finds and declares that there is a need for reliable,
accurate, and timely information regarding fuel source, that is consistently
collected, for all electricity products offered for retail sale in Washington.
(3) The desirability and feasibility of such disclosure has been clearly
established in nutrition labeling, uniform food pricing, truth-in-lending, and
other consumer information programs.
(4) The legislature intends to establish a consumer disclosure standard
under which retail suppliers in Washington disclose information on the fuel
mix of the electricity products they sell. Fundamental to disclosure is a
[Title 19 RCW—page 69]
19.29A.050
Title 19 RCW: Business Regulations—Miscellaneous
label that promotes consistency in content and format, that is accurate,
reliable, and simple to understand, and that allows verification of the
accuracy of information reported.
(5) To ensure that consumer information is verifiable and accurate,
certain characteristics of electricity generation must be tracked and
compared with information provided to consumers." [2000 c 213 § 1.]
19.29A.060 Fuel mix disclosure—Electricity product
categories—Disclosure format. (1) Each retail supplier
shall disclose the fuel mix of each electricity product it
offers to retail electric customers as follows:
(a) For an electricity product comprised entirely of
declared resources, a retail supplier shall disclose the fuel
mix for the electricity product based on the quantity of
electric generation from those declared resources for the
previous calendar year and any adjustment, if taken, available under subsection (6) of this section.
(b) For an electricity product comprised of no declared
resources, a retail supplier shall report the fuel mix for the
electricity product as the fuel mix of net system power for
the previous calendar year, as determined by the electricity
information coordinator under RCW 19.29A.080.
(c) For an electricity product comprised of a combination of declared resources and the net system power, a retail
supplier shall disclose the fuel mix for the electricity product
as a weighted average of the megawatt-hours from declared
resources and the megawatt-hours from the net system power
mix for the previous calendar year according to the proportion of declared resources and net system power contained
in the electricity product.
(2) The disclosures required by this section shall
identify the percentage of the total electricity product sold by
a retail supplier during the previous calendar year from each
of the following categories:
(a) Coal generation;
(b) Hydroelectric generation;
(c) Natural gas generation;
(d) Nuclear generation; and
(e) Other generation, except that when a component of
the other generation category meets or exceeds two percent
of the total electricity product sold by a retail supplier during
the previous calendar year, the retail supplier shall identify
the component or components and display the fuel mix
percentages for these component sources, which may
include, but are not limited to: (i) Biomass generation; (ii)
geothermal generation; (iii) landfill gas generation; (iv) oil
generation; (v) solar generation; (vi) waste incineration; or
(vii) wind generation. A retail supplier may voluntarily
identify any component or components within the other
generation category that comprises two percent or less of
annual sales.
(3) Retail suppliers may separately report a subcategory
of natural gas generation to identify high efficiency
cogeneration.
(4) Except as provided in subsection (3) of this section,
a retail supplier cannot include in the disclosure label any
environmental quality or environmental impact qualifier
related to any of the generation categories disclosed.
(5) For the portion of an electricity product purchased
from the Bonneville power administration, retail suppliers
may disclose the Bonneville power administration system
mix.
[Title 19 RCW—page 70]
(6) A retail supplier may adjust its reported fuel mix for
known changes in its declared resources for the current year
based on any changes in its sources of electricity supply
from either generation or contracts. If a retail supplier
changes its fuel mix during a calendar year, it shall report
those changes to the electricity information coordinator.
(7) Disclosure of the fuel mix information required in
this section shall be made in the following uniform format:
A tabular format with two columns, where the first column
shall alphabetically list each category and the second column
shall display the corresponding percentage of the total that
each category represents. The percentage shall be reported
as a numeric value rounded to the nearest one percent. The
percentages listed for the categories identified must sum to
one hundred percent with the table displaying such a total.
[2000 c 213 § 4.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.070 Actions required of department—
Convene work group—Report to legislature. The department shall:
(1) Convene a work group of interested parties to
suggest modifications, if any, to the disclosure requirements
required in RCW 19.29A.060 to improve information
content, readability, and consumer understanding, and to
suggest modifications, if any, to the responsibilities of the
electricity information coordinator required in RCW
19.29A.080 to improve the accuracy and efficiency of the
tracking process. If the department serves as the electricity
information coordinator, these evaluation and reporting
requirements relative to the responsibilities of the electricity
information coordinator and the tracking process shall be assigned to an independent third party;
(2) Invite interested parties, including but not limited to
representatives from investor-owned utilities, consumerowned utilities, the commission, the attorney general’s
office, consumer advocacy groups, and the environmental
community to participate in the work group convened in
subsection (1) of this section; and
(3) Submit to the legislature no later than December 1,
2003, a report with suggested modifications, if any, to the
disclosure requirements and responsibilities of the electricity
information coordinator, as referred to in subsection (1) of
this section. [2000 c 213 § 5.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.080 Electricity information coordinator—
Selection—Regional entity serving as coordinator,
requirements—Retail supplier’s information. (1) For the
purpose of selecting the electricity information coordinator,
the department shall form a work group of interested parties.
The department shall invite interested parties, including, but
not limited to, representatives from investor-owned utilities,
consumer-owned utilities, the commission, the attorney
general’s office, consumer advocacy groups, and the environmental community to participate in the work group. In the
event an appropriate regional entity is not selected by
November 1, 2000, the department shall serve as the electricity information coordinator after notifying the committees
of the senate and house of representatives with jurisdiction
over energy matters.
(2002 Ed.)
Consumers of Electricity
(2) The department may receive any lawful gifts, grants,
or endowments from public or private sources that are made
from time to time, in trust or otherwise, for the use and
benefit of the department in implementing this section, and
may spend such gifts, grants, or endowments for the purposes of implementing this section.
(3) As a condition for an appropriate regional entity to
be selected under this section to serve as the electricity
information coordinator, it must agree to compile the
following information:
(a) Actual generation by fuel mix in the Northwest
power pool for the prior calendar year, expressed in
megawatt hours. This data will be compiled as it becomes
available.
(b) Adjustments to the actual generation for the prior
calendar year that are known and provided to the electricity
information coordinator by the end of January of the current
calendar year to reflect known changes in declared resources
for the current year and changes due to interconnection of
new generating resources or decommissioning or sale of
existing resources or contracts. These adjustments shall
include supporting documentation.
(c) The amount of electricity from declared resources
that retail suppliers will identify in their fuel mix disclosures
during the current calendar year. Retail suppliers shall make
this data available by the end of January each year.
(4) Retail suppliers shall make available upon request
the following information to support the ownership or
contractual rights to declared resources:
(a) Documentation of ownership of declared resources
by retail suppliers; or
(b) Documentation of contractual rights by retail
suppliers to a stated quantity of electricity from a specific
generating facility.
If the documentation referred to in either (a) or (b) of
this subsection is not available, the retail supplier may not
identify the electricity source as a declared resource and
instead must report the net system power mix for the
quantity of electric generation from that resource.
(5) If the documentation referred to in either subsection
(4)(a) or (b) of this section is not available, the retail
supplier may not identify the electricity source as a declared
resource and instead must report the net system power mix
for the quantity of electric generation from that resource.
(6) As a condition for an appropriate regional entity to
be selected under this section to serve as the electricity
information coordinator, it must agree to:
(a) Coordinate with comparable entities or organizations
in the western interconnection;
(b) On or before May 1st of each year, or as soon
thereafter as practicable once the data in subsection (3)(a) of
this section is available, calculate and make available the net
system power mix as follows:
(i) The actual Northwest power pool generation for the
prior calendar year;
(ii) Plus any adjustments to the Northwest power pool
generation as made available to the electricity information
coordinator by the end of January of the current calendar
year pursuant to RCW 19.29A.060(6);
(iii) Less the quantity of electricity associated with declared resources claimed by retail suppliers for the current
calendar year;
(2002 Ed.)
19.29A.080
(iv) Plus other adjustments necessary to ensure that the
same resource output is not declared more than once;
(c) To the extent the information is available, verify that
the quantity of electricity associated with the declared
resources does not exceed the available generation from
those resources.
(7) Subsections (3) and (6) of this section apply to the
department in the event the department assumes the functions of the electricity information coordinator. [2000 c 213
§ 6.]
Finding—Intent—2000 c 213: See note following RCW 19.29A.050.
19.29A.090 Voluntary option to purchase qualified
alternative energy resources—Rates, terms, and conditions—Reports. (1) Beginning January 1, 2002, each
electric utility must provide to its retail electricity customers
a voluntary option to purchase qualified alternative energy
resources in accordance with this section.
(2) Each electric utility must include with its retail
electric customer’s regular billing statements, at least
quarterly, a voluntary option to purchase qualified alternative
energy resources. The option may allow customers to purchase qualified alternative energy resources at fixed or
variable rates and for fixed or variable periods of time,
including but not limited to monthly, quarterly, or annual
purchase agreements. A utility may provide qualified alternative energy resource options through either: (a)
Resources it owns or contracts for; or (b) the purchase of
credits issued by a clearinghouse or other system by which
the utility may secure, for trade or other consideration, verifiable evidence that a second party has a qualified alternative
energy resource and that the second party agrees to transfer
such evidence exclusively to the benefit of the utility.
(3) For the purposes of this section, a "qualified
alternative energy resource" means the electricity produced
from generation facilities that are fueled by: (a) Wind; (b)
solar energy; (c) geothermal energy; (d) landfill gas; (e)
wave or tidal action; (f) gas produced during the treatment
of wastewater; (g) qualified hydropower; or (h) biomass
energy based on animal waste or solid organic fuels from
wood, forest, or field residues, or dedicated energy crops that
do not include wood pieces that have been treated with
chemical preservatives such as creosote, pentachlorophenol,
or copper-chrome-arsenic.
(4) For the purposes of this section, "qualified hydropower" means the energy produced either: (a) As a result of
modernizations or upgrades made after June 1, 1998, to
hydropower facilities operating on May 8, 2001, that have
been demonstrated to reduce the mortality of anadromous
fish; or (b) by run of the river or run of the canal hydropower facilities that are not responsible for obstructing the
passage of anadromous fish.
(5) The rates, terms, conditions, and customer notification of each utility’s option or options offered in accordance
with this section must be approved by the governing body of
the consumer-owned utility or by the commission for
investor-owned utilities. All costs and benefits associated
with any option offered by an electric utility under this
section must be allocated to the customers who voluntarily
choose that option and may not be shifted to any customers
who have not chosen such option. Utilities may pursue
[Title 19 RCW—page 71]
19.29A.090
Title 19 RCW: Business Regulations—Miscellaneous
known, lawful aggregated purchasing of qualified alternative
energy resources with other utilities to the extent aggregated
purchasing can reduce the unit cost of qualified alternative
energy resources, and are encouraged to investigate opportunities to aggregate the purchase of alternative energy
resources by their customers. Aggregated purchases by
investor-owned utilities must comply with any applicable
rules or policies adopted by the commission related to leastcost planning or the acquisition of renewable resources.
(6) Each consumer-owned utility must report annually
to the department and each investor-owned utility must
report annually to the commission beginning October 1,
2002, until October 1, 2012, describing the option or options
it is offering its customers under the requirements of this
section, the rate of customer participation, the amount of
qualified alternative energy resources purchased by customers, the amount of utility investments in qualified
alternative energy resources, and the results of pursuing
aggregated purchasing opportunities. The department and
the commission together shall report annually to the legislature, beginning December 1, 2002, until December 1, 2012,
with the results of the utility reports. [2002 c 285 § 6; 2002
c 191 § 1; 2001 c 214 § 28.]
Reviser’s note: This section was amended by 2002 c 191 § 1 and by
2002 c 285 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
19.29A.900 Construction—1998 c 300. Nothing in
chapter 300, Laws of 1998 shall be construed as conferring
on any state agency jurisdiction, supervision, or control over
any consumer-owned utility. [1998 c 300 § 7.]
19.29A.901 Severability—1998 c 300. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1998 c 300 § 11.]
Chapter 19.30
FARM LABOR CONTRACTORS
Sections
19.30.010
19.30.020
19.30.030
19.30.040
19.30.045
19.30.050
19.30.060
19.30.070
19.30.081
19.30.090
19.30.110
19.30.120
19.30.130
19.30.150
19.30.160
19.30.170
19.30.180
Definitions.
License required—Duplicates.
Applicants—Qualifications—Fee—Liability insurance.
Surety bond—Security.
Claim for wages—Action upon surety bond or security.
License—Grounds for denying.
License—Revocation, suspension, refusal to issue or renew.
License—Contents.
License—Duration—Renewal.
License—Application for renewal.
Farm labor contractor—Duties.
Farm labor contractor—Prohibited acts.
Rules—Adjustment of controversies.
Penalties.
Civil penalty—Hearing—Court action.
Civil actions—Damages, costs, attorney’s fees—Actions
upon bond or security deposit.
Injunctions—Costs—Attorney fee.
[Title 19 RCW—page 72]
19.30.190
19.30.200
19.30.900
19.30.901
19.30.902
Retaliation against employee prohibited.
Unlicensed farm labor contractors—Liability for services.
Severability—1955 c 392.
Severability—1985 c 280.
Effective date—1985 c 280.
19.30.010 Definitions. As used in this chapter:
(1) "Person" includes any individual, firm, partnership,
association, corporation, or unit or agency of state or local
government.
(2) "Farm labor contractor" means any person, or his or
her agent or subcontractor, who, for a fee, performs any
farm labor contracting activity.
(3) "Farm labor contracting activity" means recruiting,
soliciting, employing, supplying, transporting, or hiring
agricultural employees.
(4) "Agricultural employer" means any person engaged
in agricultural activity, including the growing, producing, or
harvesting of farm or nursery products, or engaged in the
forestation or reforestation of lands, which includes but is
not limited to the planting, transplanting, tubing,
precommercial thinning, and thinning of trees and seedlings,
the clearing, piling, and disposal of brush and slash, the
harvest of Christmas trees, and other related activities.
(5) "Agricultural employee" means any person who
renders personal services to, or under the direction of, an
agricultural employer in connection with the employer’s
agricultural activity.
(6) This chapter shall not apply to employees of the
employment security department acting in their official
capacity or their agents, nor to any common carrier or full
time regular employees thereof while transporting agricultural employees, nor to any person who performs any of the
services enumerated in subsection (3) of this section only
within the scope of his or her regular employment for one
agricultural employer on whose behalf he or she is so acting,
unless he or she is receiving a commission or fee, which
commission or fee is determined by the number of workers
recruited, or to a nonprofit corporation or organization which
performs the same functions for its members. Such nonprofit corporation or organization shall be one in which:
(a) None of its directors, officers, or employees are
deriving any profit beyond a reasonable salary for services
performed in its behalf.
(b) Membership dues and fees are used solely for the
maintenance of the association or corporation.
(7) "Fee" means:
(a) Any money or other valuable consideration paid or
promised to be paid for services rendered or to be rendered
by a farm labor contractor.
(b) Any valuable consideration received or to be
received by a farm labor contractor for or in connection with
any of the services described in subsection (3) of this
section, and shall include the difference between any amount
received or to be received by him, and the amount paid out
by him for or in connection with the rendering of such
services.
(8) "Director" as used in this chapter means the director
of the department of labor and industries of the state of
Washington. [1985 c 280 § 1; 1955 c 392 § 1.]
(2002 Ed.)
Farm Labor Contractors
19.30.020 License required—Duplicates. No person
shall act as a farm labor contractor until a license to do so
has been issued to him or her by the director, and unless
such license is in full force and effect and is in the
contractor’s possession. The director shall, by regulation,
provide a means of issuing duplicate licenses in case of loss
of the original license or any other appropriate instances.
The director shall issue, on a monthly basis, a list of
currently licensed farm labor contractors. [1985 c 280 § 2;
1955 c 392 § 2.]
19.30.030 Applicants—Qualifications—Fee—
Liability insurance. The director shall not issue to any
person a license to act as a farm labor contractor until:
(1) Such person has executed a written application on a
form prescribed by the director, subscribed and sworn to by
the applicant, and containing (a) a statement by the applicant
of all facts required by the director concerning the
applicant’s character, competency, responsibility, and the
manner and method by which he or she proposes to conduct
operations as a farm labor contractor if such license is
issued, and (b) the names and addresses of all persons
financially interested, either as partners, stockholders,
associates, profit sharers, or providers of board or lodging to
agricultural employees in the proposed operation as a labor
contractor, together with the amount of their respective
interests;
(2) The director, after investigation, is satisfied as to the
character, competency, and responsibility of the applicant;
(3) The applicant has paid to the director a license fee
of: (1) Thirty-five dollars in the case of a farm labor
contractor not engaged in forestation or reforestation, or (2)
one hundred dollars in the case of a farm labor contractor
engaged in forestation or reforestation or such other sum as
the director finds necessary, and adopts by rule, for the
administrative costs of evaluating applications;
(4) The applicant has filed proof satisfactory to the
director of the existence of a policy of insurance with any
insurance carrier authorized to do business in the state of
Washington in an amount satisfactory to the director, which
insures the contractor against liability for damage to persons
or property arising out of the contractor’s operation of, or
ownership of, any vehicle or vehicles for the transportation
of individuals in connection with the contractor’s business,
activities, or operations as a farm labor contractor;
(5) The applicant has filed a surety bond or other
security which meets the requirements set forth in RCW
19.30.040;
(6) The applicant executes a written statement which
shall be subscribed and sworn to and shall contain the
following declaration:
"With regards to any action filed against me concerning
my activities as a farm labor contractor, I appoint the
director of the Washington department of labor and industries as my lawful agent to accept service of summons when
I am not present in the jurisdiction in which the action is
commenced or have in any other way become unavailable to
accept service"; and
(7) The applicant has stated on his or her application
whether or not his or her contractor’s license or the license
of any of his or her agents, partners, associates, stockholders,
(2002 Ed.)
19.30.020
or profit sharers has ever been suspended, revoked, or denied
by any state or federal agency, and whether or not there are
any outstanding judgments against him or her or any of his
or her agents, partners, associates, stockholders, or profit
sharers in any state or federal court arising out of activities
as a farm labor contractor. [1985 c 280 § 3; 1955 c 392 §
3.]
19.30.040 Surety bond—Security. (1) The director
shall require the deposit of a surety bond by any person
acting as a farm labor contractor under this chapter to insure
compliance with the provisions of this chapter. Such bond
shall be in an amount specified by the director in accordance
with such criteria as the director adopts by rule but shall not
be less than five thousand dollars. The bond shall be
payable to the state of Washington and be conditioned on
payment of sums legally owing under contract to an agricultural employee. The aggregate liability of the surety upon
such bond for all claims which may arise thereunder shall
not exceed the face amount of the bond.
(2) The amount of the bond may be raised or additional
security required by the director, upon his or her own motion
or upon petition to the director by any person, when it is
shown that the security or bond is insufficient to satisfy the
contractor’s potential liability for the licensed period.
(3) No surety insurer may provide any bond, undertaking, recognizance, or other obligation for the purpose of
securing or guaranteeing any act, duty, or obligation, or the
refraining from any act with respect to a contract using the
services of a farm labor contractor unless the farm labor
contractor has made application for or has a valid license
issued under RCW 19.30.030 at the time of issuance of the
bond, undertaking, recognizance, or other obligation.
(4) Surety bonds may not be canceled or terminated
during the period in which the bond is executed unless thirty
days’ notice is provided by the surety to the department.
The bond is written for a one-year term and may be renewed
or extended by continuation certification at the option of the
surety.
(5) In lieu of the surety bond required by this section,
the contractor may file with the director a deposit consisting
of cash or other security acceptable to the director. The
deposit shall not be less than five thousand dollars in value.
The security deposited with the director in lieu of the surety
bond shall be returned to the contractor at the expiration of
three years after the farm labor contractor’s license has
expired or been revoked if no legal action has been instituted
against the contractor or on the security deposit at the
expiration of the three years.
(6) If a contractor has deposited a bond with the director
and has failed to comply with the conditions of the bond as
provided by this section, and has departed from this state,
service may be made upon the surety as prescribed in RCW
4.28.090. [1987 c 216 § 1; 1986 c 197 § 15; 1985 c 280 §
4; 1955 c 392 § 4.]
19.30.045 Claim for wages—Action upon surety
bond or security. (1) Any person, having a claim for
wages pursuant to this chapter may bring suit upon the
surety bond or security deposit filed by the contractor
pursuant to RCW 19.30.040, in any court of competent
[Title 19 RCW—page 73]
19.30.045
Title 19 RCW: Business Regulations—Miscellaneous
jurisdiction of the county in which the claim arose, or in
which either the claimant or contractor resides.
(2) The right of action is assignable in the name of the
director or any other person. [1987 c 216 § 2; 1986 c 197
§ 19.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.30.050 License—Grounds for denying. A license
to operate as a farm labor contractor shall be denied:
(1) To any person who sells or proposes to sell intoxicating liquors in a building or on premises where he or she
operates or proposes to operate as a farm labor contractor, or
(2) To a person whose license has been revoked within
three years from the date of application. [1985 c 280 § 5;
1955 c 392 § 5.]
19.30.070 License—Contents. Each license shall
contain, on the face thereof:
(1) The name and address of the licensee and the fact
that he or she is licensed to act as a farm labor contractor
for the period upon the face of the license only;
(2) The number, date of issuance, and date of expiration
of the license;
(3) The amount of the surety bond deposited by the
licensee;
(4) The fact that the license may not be transferred or
assigned; and
(5) A statement that the licensee is or is not licensed to
transport workers. [1985 c 280 § 7; 1955 c 392 § 7.]
19.30.060 License—Revocation, suspension, refusal
to issue or renew. Any person may protest the grant or
renewal of a license under this section. The director may
revoke, suspend, or refuse to issue or renew any license
when it is shown that:
(1) The farm labor contractor or any agent of the
contractor has violated or failed to comply with any of the
provisions of this chapter;
(2) The farm labor contractor has made any misrepresentations or false statements in his or her application for a
license;
(3) The conditions under which the license was issued
have changed or no longer exist;
(4) The farm labor contractor, or any agent of the
contractor, has violated or wilfully aided or abetted any
person in the violation of, or failed to comply with, any law
of the state of Washington regulating employment in
agriculture, the payment of wages to farm employees, or the
conditions, terms, or places of employment affecting the
health and safety of farm employees, which is applicable to
the business activities, or operations of the contractor in his
or her capacity as a farm labor contractor;
(5) The farm labor contractor or any agent of the
contractor has in recruiting farm labor solicited or induced
the violation of any then existing contract of employment of
such laborers; or
(6) The farm labor contractor or any agent of the
contractor has an unsatisfied judgment against him or her in
any state or federal court, arising out of his or her farm labor
contracting activities.
The director shall immediately suspend the license or
certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 846; 1985 c 280 § 6; 1955 c 392 § 6.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
[Title 19 RCW—page 74]
19.30.081 License—Duration—Renewal. Farm labor
contractors may hold either a one-year license or a two-year
license, at the director’s discretion.
The one-year license shall run to and include the 31st
day of December next following the date thereof unless
sooner revoked by the director. A license may be renewed
each year upon the payment of the annual license fee, but
the director shall require that evidence of a renewed bond be
submitted and that the contractor have a bond in full force
and effect.
The two-year license shall run to and include the 31st
day of December of the year following the year of issuance
unless sooner revoked by the director. This license may be
renewed every two years under the same terms as the oneyear license, except that a farm labor contractor possessing
a two-year license shall have evidence of a bond in full force
and effect, and file an application on which he or she shall
disclose all information required by RCW 19.30.030 (1)(b),
(4), and (7). [1987 c 216 § 3; 1986 c 197 § 16; 1985 c 280
§ 8.]
19.30.090 License—Application for renewal. All applications for renewal shall state the names and addresses of
all persons financially interested either as partners, associates
or profit sharers in the operation as a farm labor contractor.
[1955 c 392 § 9.]
19.30.110 Farm labor contractor—Duties. Every
person acting as a farm labor contractor shall:
(1) Carry a current farm labor contractor’s license at all
times and exhibit it to all persons with whom the contractor
intends to deal in the capacity of a farm labor contractor
prior to so dealing.
(2) Disclose to every person with whom he or she deals
in the capacity of a farm labor contractor the amount of his
or her bond and the existence and amount of any claims
against the bond.
(3) File at the United States post office serving the
address of the contractor, as noted on the face of the farm
labor contractor’s license, a correct change of address
immediately upon each occasion the contractor permanently
(2002 Ed.)
Farm Labor Contractors
moves his or her address, and notify the director within ten
days after an address change is made.
(4) Promptly when due, pay or distribute to the individuals entitled thereto all moneys or other things of value
entrusted to the contractor by any third person for such
purpose.
(5) Comply with the terms and provisions of all legal
and valid agreements and contracts entered into between the
contractor in the capacity of a farm labor contractor and
third persons.
(6) File information regarding work offers with the
nearest employment service office, such information to
include wages and work to be performed and any other information prescribed by the director.
(7) On a form prescribed by the director, furnish to each
worker, at the time of hiring, recruiting, soliciting, or
supplying, whichever occurs first, a written statement in
English and any other language common to workers who are
not fluent or literate in English that contains a description of:
(a) The compensation to be paid and the method of
computing the rate of compensation;
(b) The terms and conditions of any bonus offered,
including the manner of determining when the bonus is
earned;
(c) The terms and conditions of any loan made to the
worker;
(d) The conditions of any transportation, housing, board,
health, and day care services or any other employee benefit
to be provided by the farm labor contractor or by his or her
agents, and the costs to be charged for each of them;
(e) The terms and conditions of employment, including
the approximate length of season or period of employment
and the approximate starting and ending dates thereof, and
the crops on which and kinds of activities in which the
worker may be employed;
(f) The terms and conditions under which the worker is
furnished clothing or equipment;
(g) The place of employment;
(h) The name and address of the owner of all operations, or the owner’s agent, where the worker will be
working as a result of being recruited, solicited, supplied, or
employed by the farm labor contractor;
(i) The existence of a labor dispute at the worksite;
(j) The name and address of the farm labor contractor;
(k) The existence of any arrangements with any owner
or agent of any establishment at the place of employment
under which the farm labor contractor is to receive a fee or
any other benefit resulting from any sales by such establishment to the workers; and
(l) The name and address of the surety on the
contractor’s bond and the workers’ right to claim against the
bond.
(8) Furnish to the worker each time the worker receives
a compensation payment from the farm labor contractor, a
written statement itemizing the total payment and the amount
and purpose of each deduction therefrom, hours worked, rate
of pay, and pieces done if the work is done on a piece rate
basis, and if the work is done under the Service Contract Act
(41 U.S.C. Secs. 351 through 401) or related federal or state
law, a written statement of any applicable prevailing wage.
(9) With respect to each worker recruited, solicited,
employed, supplied, or hired by the farm labor contractor:
(2002 Ed.)
19.30.110
(a) Make, keep, and preserve for three years a record of
the following information:
(i) The basis on which wages are paid;
(ii) The number of piecework units earned, if paid on a
piecework basis;
(iii) The number of hours worked;
(iv) The total pay period earnings;
(v) The specific sums withheld and the purpose of each
sum withheld; and
(vi) The net pay; and
(b) Provide to any other farm labor contractor and to
any user of farm labor for whom he or she recruits, solicits,
supplies, hires, or employs workers copies of all records,
with respect to each such worker, which the contractor is
required by this chapter to make, keep, and preserve. The
recipient of such records shall keep them for a period of
three years from the end of the period of employment.
When necessary to administer this chapter, the director may
require that any farm labor contractor provide the director
with certified copies of his or her payroll records for any
payment period.
The record-keeping requirements of this chapter shall be
met if either the farm labor contractor or any user of the
contractor’s services makes, keeps, and preserves for the
requisite time period the records required under this section,
and so long as each worker receives the written statements
specified in subsection (8) of this section. [1985 c 280 § 9;
1955 c 392 § 11.]
19.30.120 Farm labor contractor—Prohibited acts.
No person acting as a farm labor contractor shall:
(1) Make any misrepresentation or false statement in an
application for a license.
(2) Make or cause to be made, to any person, any false,
fraudulent, or misleading representation, or publish or
circulate or cause to be published or circulated any false,
fraudulent, or misleading information concerning the terms
or conditions or existence of employment at any place or
places, or by any person or persons, or of any individual or
individuals.
(3) Send or transport any worker to any place where the
farm labor contractor knows a strike or lockout exists.
(4) Do any act in the capacity of a farm labor contractor, or cause any act to be done, which constitutes a crime
involving moral turpitude under any law of the state of
Washington. [1985 c 280 § 10; 1955 c 392 § 12.]
19.30.130 Rules—Adjustment of controversies. (1)
The director shall adopt rules not inconsistent with this
chapter for the purpose of enforcing and administering this
chapter.
(2) The director shall investigate and attempt to adjust
equitably controversies between farm labor contractors and
their workers with respect to claims arising under this
chapter. [1985 c 280 § 11; 1955 c 392 § 14.]
19.30.150 Penalties. Any person who violates any
provisions of this chapter, or who causes or induces another
to violate any provisions of this chapter, shall be guilty of a
misdemeanor punishable by a fine of not more than five
[Title 19 RCW—page 75]
19.30.150
Title 19 RCW: Business Regulations—Miscellaneous
thousand dollars, or imprisonment in the county jail for not
more than six months, or both. [1955 c 392 § 13.]
19.30.160 Civil penalty—Hearing—Court action.
(1) In addition to any criminal penalty imposed under RCW
19.30.150, the director may assess against any person who
violates this chapter, or any rule adopted under this chapter,
a civil penalty of not more than one thousand dollars for
each violation.
(2) The person shall be afforded the opportunity for a
hearing, upon request to the director made within thirty days
after the date of issuance of the notice of assessment. The
hearing shall be conducted in accordance with chapter 34.05
RCW.
(3) If any person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the agency, the director
shall refer the matter to the state attorney general, who shall
recover the amount assessed by action in the appropriate
superior court. In such action, the validity and appropriateness of the final order imposing the penalty shall not be
subject to review.
(4) Without regard to other remedies provided in this
chapter, the department may bring suit upon the surety bond
filed by the farm labor contractor on behalf of a worker
whose rights under this chapter have been violated by the
contractor. The action may be commenced in any court of
competent jurisdiction. In any such action, there shall be
compliance with the notice and service requirements set forth
in RCW 19.30.170. [1987 c 216 § 4; 1986 c 197 § 17; 1985
c 280 § 15.]
19.30.170 Civil actions—Damages, costs, attorney’s
fees—Actions upon bond or security deposit. (1) After
filing a notice of a claim with the director, in addition to any
other penalty provided by law, any person aggrieved by a
violation of this chapter or any rule adopted under this
chapter may bring suit in any court of competent jurisdiction
of the county in which the claim arose, or in which either
the plaintiff or respondent resides, without regard to the
amount in controversy and without regard to exhaustion of
any alternative administrative remedies provided in this
chapter. No such action may be commenced later than three
years after the date of the violation giving rise to the right of
action. In any such action the court may award to the
prevailing party, in addition to costs and disbursements,
reasonable attorney fees at trial and appeal.
(2) In any action under subsection (1) of this section, if
the court finds that the respondent has violated this chapter
or any rule adopted under this chapter, it may award
damages up to and including an amount equal to the amount
of actual damages, or statutory damages of five hundred
dollars per plaintiff per violation, whichever is greater, or
other equitable relief.
(3) Without regard to other remedies provided in this
chapter, a person having a claim against the farm labor
contractor for any violation of this chapter may bring suit
against the farm labor contractor and the surety bond or
security deposit filed by the contractor pursuant to RCW
19.30.040, in any court of competent jurisdiction of the
[Title 19 RCW—page 76]
county in which the claim arose, or in which either the
claimant or contractor resides.
(4) An action upon the bond or security deposit shall be
commenced by serving and filing the summons and complaint within three years from the date of expiration or
cancellation of the bond or expiration or cancellation of the
license, whichever is sooner, or in the case of a security
deposit, within three years of the date of expiration or
revocation of the license.
(5) A copy of the summons and complaint in any such
action shall be served upon the director at the time of
commencement of the action and the director shall maintain
a record, available for public inspection, of all suits so commenced. Such service shall constitute service on the farm
labor contractor and the surety for suit upon the bond and
the director shall transmit the complaint or a copy thereof to
the contractor at the address listed in his or her application
and to the surety within forty-eight hours after it has been
received.
(6) The surety upon the bond may, upon notice to the
director and the parties, tender to the clerk of the court
having jurisdiction of the action an amount equal to the
claims or the amount of the bond less the amount of judgments, if any, previously satisfied therefrom and to the
extent of such tender the surety upon the bond shall be
exonerated.
(7) If the actions commenced and pending at any one
time exceed the amount of the bond then unimpaired, the
claims shall be satisfied from the bond in the following
order:
(a) Wages, including employee benefits;
(b) Other contractual damage owed to the employee;
(c) Any costs and attorneys’ fees the claimant may be
entitled to recover by contract or statute.
(8) If any final judgment impairs the bond so furnished
so that there is not in effect a bond undertaking in the full
amount prescribed by the director, the director shall suspend
the license of the contractor until the bond liability in the
required amount unimpaired by unsatisfied judgment claims
has been furnished. If such bond becomes fully impaired, a
new bond must be furnished.
(9) A claimant against a security deposit shall be
entitled to damages under subsection (2) of this section. If
the farm labor contractor has filed other security with the
director in lieu of a surety bond, any person having an
unsatisfied final judgment against the contractor for any
violation of this chapter may execute upon the security
deposit held by the director by serving a certified copy of
the unsatisfied final judgment by registered or certified mail
upon the director. Upon the receipt of service of such
certified copy, the director shall pay or order paid from the
deposit, through the registry of the court which rendered
judgment, towards the amount of the unsatisfied judgment.
The priority of payment by the director shall be the order of
receipt by the director, but the director shall have no liability
for payment in excess of the amount of the deposit. [1987
c 216 § 5; 1986 c 197 § 18; 1985 c 280 § 16.]
19.30.180 Injunctions—Costs—Attorney fee. The
director or any other person may bring suit in any court of
competent jurisdiction to enjoin any person from using the
(2002 Ed.)
Farm Labor Contractors
services of an unlicensed farm labor contractor or to enjoin
any person acting as a farm labor contractor in violation of
this chapter, or any rule adopted under this chapter, from
committing future violations. The court may award to the
prevailing party costs and disbursements and a reasonable
attorney fee. [1985 c 280 § 12.]
19.31.060
19.30.190 Retaliation against employee prohibited.
No farm labor contractor or agricultural employer may
discharge or in any other manner discriminate against any
employee because:
(1) The employee has made a claim against the farm
labor contractor or agricultural employer for compensation
for the employee’s personal services.
(2) The employee has caused to be instituted any
proceedings under or related to RCW 19.30.180.
(3) The employee has testified or is about to testify in
any such proceedings.
(4) The employee has discussed or consulted with
anyone concerning the employee’s rights under this chapter.
[1985 c 280 § 13.]
19.31.110
19.31.120
19.31.130
19.31.140
19.31.150
19.30.200 Unlicensed farm labor contractors—
Liability for services. Any person who knowingly uses the
services of an unlicensed farm labor contractor shall be
personally, jointly, and severally liable with the person
acting as a farm labor contractor to the same extent and in
the same manner as provided in this chapter. In making
determinations under this section, any user may rely upon
either the license issued by the director to the farm labor
contractor under RCW 19.30.030 or the director’s representation that such contractor is licensed as required by this
chapter. [2000 c 171 § 48; 1985 c 280 § 14.]
19.30.900 Severability—1955 c 392. If any section,
sentence, clause or word of this chapter shall be held
unconstitutional, the invalidity of such section, sentence,
clause or word shall not affect the validity of any other
portion of this chapter, it being the intent of this legislative
assembly to enact the remainder of this chapter notwithstanding such part so declared unconstitutional should or may be
so declared. [1955 c 392 § 17.]
19.30.901 Severability—1985 c 280. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 280 § 18.]
19.30.902 Effective date—1985 c 280. This 1985 act
shall take effect January 1, 1986. [1985 c 280 § 19.]
Chapter 19.31
EMPLOYMENT AGENCIES
Sections
19.31.010
19.31.020
19.31.030
19.31.040
19.31.050
(2002 Ed.)
Short title.
Definitions.
Records.
Contract between agency and applicant—Contents—Notice.
Approval of contract, fee schedule.
19.31.070
19.31.080
19.31.090
19.31.100
19.31.160
19.31.170
19.31.180
19.31.190
19.31.210
19.31.220
19.31.230
19.31.240
19.31.245
19.31.250
19.31.260
19.31.270
19.31.900
19.31.910
19.30.180
Request from employer for interview required—Information
to be furnished applicant.
Administration of chapter—Rules—Subpoenas—
Investigations—Inspections.
License required—Penalty.
Bond—Cash deposit—Action on bond or deposit—
Procedure—Judgment.
Application—Contents—Filing—Qualifications of applicants
and licensees—Waiver—Exceptions.
Expiration date of license—Reinstatement.
Transfer of license.
Denial, suspension or revocation of license—Grounds.
Fees for licensees.
Employment condition precedent to charging fee—
Exceptions.
Charging fee or payment contrary to chapter—Return of
excess.
Limitations on fee amounts—Refunds—Exceptions.
Posting of fee limitation and remedy provisions.
Rules of conduct—Complaints.
Enforcement.
Assurance of discontinuance of violation.
Civil penalty.
Service of process outside state.
Registration or licensing prerequisite to suit by employment
agency—Action against unregistered or unlicensed employment agency.
Chapter provisions exclusive—Authority of political subdivisions not affected.
Administrative procedure act to govern administration.
Uniform regulation of business and professions act.
Severability—1969 ex.s. c 228.
Effective date—1969 ex.s. c 228.
19.31.010 Short title. This chapter shall be known
and cited as "The Employment Agency Act". [1969 ex.s. c
228 § 1.]
19.31.020 Definitions. Unless a different meaning is
clearly required by the context, the following words and
phrases, as hereinafter used in this chapter, shall have the
following meanings:
(1) "Employment agency" is synonymous with "agency"
and shall mean any business in which any part of the
business gross or net income is derived from a fee received
from applicants, and in which any of the following activities
are engaged in:
(a) The offering, promising, procuring, or attempting to
procure employment for applicants;
(b) The giving of information regarding where and from
whom employment may be obtained; or
(c) The sale of a list of jobs or a list of names of
persons or companies accepting applications for specific
positions, in any form.
In addition the term "employment agency" shall mean
and include any person, bureau, employment listing service,
employment directory, organization, or school which for
profit, by advertisement or otherwise, offers, as one of its
main objects or purposes, to procure employment for any
person who pays for its services, or which collects tuition, or
charges for service of any nature, where the main object of
the person paying the same is to secure employment. It also
includes any business that provides a resume to an individual
and provides that person with a list of names to whom the
resume may be sent or provides that person with
preaddressed envelopes to be mailed by the individual or by
the business itself, if the list of names or the preaddressed
[Title 19 RCW—page 77]
19.31.020
Title 19 RCW: Business Regulations—Miscellaneous
envelopes have been compiled and are represented by the
business as having job openings. The term "employment
agency" shall not include labor union organizations, temporary service contractors, proprietary schools operating within
the scope of activities for which the school is licensed under
chapter 28C.10 RCW, nonprofit schools and colleges, career
guidance and counseling services, employment directories
that are sold in a manner that allows the applicant to
examine the directory before purchase, theatrical agencies,
farm labor contractors, or the Washington state employment
agency.
(2) "Temporary service contractors" shall mean any
person, firm, association, or corporation conducting a
business which consists of employing individuals directly for
the purpose of furnishing such individuals on a part time or
temporary help basis to others.
(3) "Theatrical agency" means any person who, for a fee
or commission, procures on behalf of an individual or
individuals, employment or engagements for circus, vaudeville, the variety field, the legitimate theater, motion pictures,
radio, television, phonograph recordings, transcriptions,
opera, concert, ballet, modeling, or other entertainments,
exhibitions, or performances. The term "theatrical agency"
does not include any person charging an applicant a fee prior
to or in advance of:
(a) Procuring employment for the applicant;
(b) Giving or providing the applicant information
regarding where or from whom employment may be obtained;
(c) Allowing or requiring the applicant to participate in
any instructional class, audition, or career guidance or
counseling; or
(d) Allowing the applicant to be eligible for employment
through the person.
(4) "Farm labor contractor" means any person, or his
agent, who, for a fee, employs workers to render personal
services in connection with the production of any farm
products, to, for, or under the direction of an employer engaged in the growing, producing, or harvesting of farm
products, or who recruits, solicits, supplies, or hires workers
on behalf of an employer engaged in the growing, producing,
or harvesting of farm products or who provides in connection with recruiting, soliciting, supplying, or hiring workers
engaged in the growing, producing, or harvesting of farm
products, one or more of the following services: Furnishes
board, lodging, or transportation for such workers, supervises, times, checks, counts, sizes, or otherwise directs or
measures their work; or disburses wage payments to such
persons.
(5) "Employer" means any person, firm, corporation,
partnership, or association employing or seeking to enter into
an arrangement to employ a person through the medium or
service of an employment agency.
(6) "Applicant", except when used to describe an
applicant for an employment agency license, means any
person, whether employed or unemployed, seeking or
entering into any arrangement for his employment or change
of his employment through the medium or service of an
employment agency.
(7) "Person" includes any individual, firm, corporation,
partnership, association, company, society, manager, contrac[Title 19 RCW—page 78]
tor, subcontractor, bureau, agency, service, office, or an
agent or employee of any of the foregoing.
(8) "Director" shall mean the director of licensing.
(9) "Resume" means a document of the applicant’s
employment history that is approved, received, and paid for
by the applicant.
(10) "Fee" means anything of value. The term includes
money or other valuable consideration or services or the
promise of money or other valuable consideration or services, received directly or indirectly by an employment agency
from a person seeking employment, in payment for the
service.
(11) "Employment listing service" means any business
operated by any person that provides in any form, including
written or verbal, lists of specified positions of employment
available with any employer other than itself or that holds
itself out to applicants as able to provide information about
specific positions of employment available with any employer other than itself, and that charges a fee to the applicant
for its services and does not set up interviews or otherwise
intercede between employer and applicant.
(12) "Employment directory" means any business
operated by any person that provides in any form, including
written or verbal, lists of employers, does not provide lists
of specified positions of employment, that holds itself out to
applicants as able to provide information on employment in
specific industries or geographical areas, and that charges a
fee to the applicant for its services.
(13) "Career guidance and counseling service" means
any person, firm, association, or corporation conducting a
business that engages in any of the following activities:
(a) Career assessment, planning, or testing through
individual counseling or group seminars, classes, or workshops;
(b) Skills analysis, resume writing, and preparation
through individual counseling or group seminars, classes, or
workshops;
(c) Training in job search or interviewing skills through
individual counseling or group seminars, classes, or workshops: PROVIDED, That the career guidance and counseling service does not engage in any of the following activities:
(i) Contacts employers on behalf of an applicant or in
any way intercedes between employer and applicant;
(ii) Provides information on specific job openings;
(iii) Holds itself out as able to provide referrals to
specific companies or individuals who have specific job
openings. [1998 c 228 § 1; 1993 c 499 § 1; 1990 c 70 § 1;
1979 c 158 § 82; 1977 ex.s. c 51 § 1; 1969 ex.s. c 228 § 2.]
19.31.030 Records. Each employment agency shall
keep records of all services rendered employers and applicants. These records shall contain the name and address of
the employer by whom the services were solicited; the name
and address of the applicant; kind of position ordered by the
employer; dates job orders or job listings are obtained;
subsequent dates job orders or job listings are verified as still
being current; kind of position accepted by the applicant;
probable duration of the employment, if known; rate of wage
or salary to be paid the applicant; amount of the employment
agency’s fee; dates and amounts of refund if any, and reason
(2002 Ed.)
Employment Agencies
for such refund; and the contract agreed to between the
agency and applicant. An employment listing service need
not keep records pertaining to the kind of position accepted
by applicant and probable duration of employment.
An employment directory shall keep records of all
services rendered to applicants. These records shall contain:
The name and address of the applicant; amount of the
employment directory’s fee; dates and amounts of refund if
any, and reason for the refund; the contract agreed to
between the employment directory and applicant; and the
dates of contact with employers made pursuant to RCW
19.31.190(11).
The director shall have authority to demand and to
examine, at the employment agency’s regular place of
business, all books, documents, and records in its possession
for inspection. Unless otherwise provided by rules or
regulation adopted by the director, such records shall be
maintained for a period of three years from the date in which
they are made. [1993 c 499 § 2; 1969 ex.s. c 228 § 3.]
19.31.040 Contract between agency and applicant—
Contents—Notice. An employment agency shall provide
each applicant with a copy of the contract between the applicant and employment agency which shall have printed on it
or attached to it a copy of RCW 19.31.170 as now or
hereafter amended. Such contract shall contain the following:
(1) The name, address, and telephone number of the
employment agency;
(2) Trade name if any;
(3) The date of the contract;
(4) The name of the applicant;
(5) The amount of the fee to be charged the applicant,
or the method of computation of the fee, and the time and
method of payments: PROVIDED, HOWEVER, That if the
provisions of the contract come within the definition of a
"retail installment transaction", as defined in RCW
63.14.010, the contract shall conform to the requirements of
chapter 63.14 RCW, as now or hereafter amended;
(6) A notice in eight-point bold face type or larger
directly above the space reserved in the contract for the
signature of the buyer. The caption, "NOTICE TO APPLICANT—READ BEFORE SIGNING" shall precede the body
of the notice and shall be in ten-point bold face type or
larger. The notice shall read as follows:
"This is a contract. If you accept employment with any
employer through [name of employment agency] you will be
liable for the payment of the fee as set out above. Do not
sign this contract before you read it or if any spaces intended
for the agreed terms are left blank. You must be given a
copy of this contract at the time you sign it."
The notice for an employment listing service shall read
as follows:
"This is a contract. You understand [the employment
listing service] provides information on bona fide job listings
but does not guarantee you will be offered a job. You also
understand you are liable for the payment of the fee when
you receive the list or referral. Do not sign this contract
before you read it or if any spaces intended for the agreed
terms are left blank. You must be given a copy of this
contract at the time you sign it."
(2002 Ed.)
19.31.030
The notice for an employment directory shall read as
follows if the directory is sold in person:
"This is a contract. You understand [the employment
directory] provides information on possible employers along
with general employment, industry, and geographical
information to assist you, but does not list actual job
openings or guarantee you will obtain employment through
its services. You also understand you are liable for the
payment of the fee when you receive the directory. Do not
sign this contract before you read it or if any spaces intended
for the agreed terms are left blank. You must be given a
copy of this contract at the time you sign it."
A verbal notice for an employment directory shall be as
follows before accepting a fee if the directory is sold over
the telephone:
"You understand [the employment directory] provides
information on possible employers along with general
employment, industry, and geographical information to assist
you, but does not list actual job openings or guarantee you
will obtain employment through its services. You also
understand you are liable for the payment of the fee when
you order the directory."
A copy of the contract must be sent to all applicants
ordering by telephone and must specify the following
information:
(a) Name, address, and phone number of employment
directory;
(b) Name, address, and phone number of applicant;
(c) Date of order;
(d) Date verbal notice was read to applicant along with
a printed statement to read as follows:
"On [date verbal notice was read] and prior to placing
this order the following statement was read to you: "You
understand [the employment directory] provides information
on possible employers along with general employment,
industry, and geographical information to assist you, but
does not list actual job openings or guarantee you will be
offered a job. You also understand you are liable for the
payment of the fee when you order the directory."; and
(e) Signature of employment directory representative.
[1993 c 499 § 3; 1985 c 7 § 83; 1977 ex.s. c 51 § 2; 1969
ex.s. c 228 § 4.]
19.31.050 Approval of contract, fee schedule. Prior
to using any contract or fee schedule in the transaction of its
business with applicants, each employment agency shall
obtain the director’s approval for the use of such contract or
fee schedule. [1969 ex.s. c 228 § 5.]
19.31.060 Request from employer for interview
required—Information to be furnished applicant. No
employment agency shall send any applicant on an interview
with a prospective employer without having first obtained,
either orally or in writing, a bona fide request from such
employer for the interview: PROVIDED, HOWEVER, That,
it shall be the duty of every employment agency to give to
each applicant for employment, orally or in writing, before
being sent on an interview, information as to the name and
address of the person to whom the applicant is to apply for
such employment, the kind of service to be performed, the
anticipated rate of wages or compensation, the agency’s fee
[Title 19 RCW—page 79]
19.31.060
Title 19 RCW: Business Regulations—Miscellaneous
based on such anticipated wages or compensation, whether
such employment is permanent or temporary, and the name
and address of the natural person authorizing the interviewing of such applicant. [1977 ex.s. c 51 § 3; 1969 ex.s. c 228
§ 6.]
19.31.070 Administration of chapter—Rules—
Subpoenas—Investigations—Inspections. (Effective until
January 1, 2003.) (1) The director shall administer the
provisions of this chapter and shall issue from time to time
reasonable rules and regulations for enforcing and carrying
out the provisions and purposes of this chapter.
(2) The director shall have power to compel the attendance of witnesses by the issuance of subpoenas, to administer oaths, and to take testimony and proofs concerning all
matters pertaining to the administration of this chapter.
(3) The director shall have supervisory and investigative
authority over all employment agencies. Upon receiving a
complaint against any employment agency, the director shall
have the right to examine all books, documents, or records
in its possession. In addition, the director may examine the
office or offices where business is or shall be conducted by
such agency. [1969 ex.s. c 228 § 7.]
19.31.070 Administration of chapter—Rules—
Investigations—Inspections. (Effective January 1, 2003.)
(1) The director shall administer the provisions of this
chapter and shall issue from time to time reasonable rules
and regulations for enforcing and carrying out the provisions
and purposes of this chapter.
(2) The director shall have supervisory and investigative
authority over all employment agencies. Upon receiving a
complaint against any employment agency, the director shall
have the right to examine all books, documents, or records
in its possession. In addition, the director may examine the
office or offices where business is or shall be conducted by
such agency. [2002 c 86 § 269; 1969 ex.s. c 228 § 7.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.31.080 License required—Penalty. It shall be a
misdemeanor for any person to conduct an employment
agency business in this state unless he has an employment
agency license issued pursuant to the provisions of this
chapter. [1969 ex.s. c 228 § 8.]
19.31.090 Bond—Cash deposit—Action on bond or
deposit—Procedure—Judgment. (1) Before conducting
any business as an employment agency each licensee shall
file with the director a surety bond in the sum of two
thousand dollars running to the state of Washington, for the
benefit of any person injured or damaged as a result of any
violation by the licensee or his agent of any of the provisions of this chapter or of any rule or regulation adopted by
the director pursuant to RCW 19.31.070(1).
(2) In lieu of the surety bond required by this section
the license applicant may file with the director a cash deposit
or other negotiable security acceptable to the director:
PROVIDED, HOWEVER, If the license applicant has filed
a cash deposit, the director shall deposit such funds with the
[Title 19 RCW—page 80]
state treasurer. If the license applicant has deposited cash or
other negotiable security with the director, the same shall be
returned to the licensee at the expiration of one year after the
employment agency’s license has expired or been revoked,
if no legal action has been instituted against the licensee or
the surety deposit at the expiration of the year.
(3) Any person having a claim against an employment
agency for any violation of the provisions of this chapter or
any rule or regulation promulgated thereunder may bring suit
upon such bond or deposit in an appropriate court of the
county where the office of the employment agency is located
or of any county in which jurisdiction of the employment
agency may be had. Action upon such bond or deposit shall
be commenced by serving and filing of the complaint within
one year from the date of expiration of the employment
agency license in force at the time the act for which the suit
is brought occurred. A copy of the complaint shall be
served by registered or certified mail upon the director at the
time the suit is started, and the director shall maintain a
record, available for public inspection, of all suits so
commenced. Such service on the director shall constitute
service on the surety and the director shall transmit the
complaint or a copy thereof to the surety within five business days after it shall have been received. The surety upon
the bond shall not be liable in an aggregate amount in excess
of the amount named in the bond, but in case claims pending
at any one time exceed the amount of the bond, claims shall
be satisfied in the order of judgment rendered. In the event
that any final judgment shall impair the liability of the surety
upon bond so furnished or the amount of the deposit so that
there shall not be in effect a bond undertaking or deposit in
the full amount prescribed in this section, the director shall
suspend the license of such employment agency until the
bond undertaking or deposit in the required amount, unimpaired by unsatisfied judgment claims, shall have been
furnished.
(4) In the event of a final judgment being entered
against the deposit or security referred to in subsection (2)
of this section, the director shall, upon receipt of a certified
copy of the final judgment, order said judgment to be paid
from the amount of the deposit or security. [1977 ex.s. c 51
§ 4; 1969 ex.s. c 228 § 9.]
19.31.100 Application—Contents—Filing—
Qualifications of applicants and licensees—Waiver—
Exceptions. (1) Every applicant for an employment
agency’s license or a renewal thereof shall file with the
director a written application stating the name and address of
the applicant; the street and number of the building in which
the business of the employment agency is to be conducted;
the name of the person who is to have the general management of the office; the name under which the business of the
office is to be carried on; whether or not the applicant is
pecuniarily interested in the business to be carried on under
the license; shall be signed by the applicant and sworn to
before a notary public; and shall identify anyone holding
over twenty percent interest in the agency. If the applicant
is a corporation, the application shall state the names and
addresses of the officers and directors of the corporation, and
shall be signed and sworn to by the president and secretary
thereof. If the applicant is a partnership, the application
(2002 Ed.)
Employment Agencies
shall also state the names and addresses of all partners
therein, and shall be signed and sworn to by all of them.
The application shall also state whether or not the applicant
is, at the time of making the application, or has at any
previous time been engaged in or interested in or employed
by anyone engaged in the business of an employment
agency.
(2) The application shall require a certification that no
officer or holder of more than twenty percent interest in the
business has been convicted of a felony within ten years of
the application which directly relates to the business for
which the license is sought, or had any judgment entered
against such person in any civil action involving fraud,
misrepresentation, or conversion.
(3) All applications for employment agency licenses
shall be accompanied by a copy of the form of contract and
fee schedule to be used between the employment agency and
the applicant.
(4) No license to operate an employment agency in this
state shall be issued, transferred, renewed, or remain in
effect, unless the person who has or is to have the general
management of the office has qualified pursuant to this
section. The director may, for good cause shown, waive the
requirement imposed by this section for a period not to
exceed one hundred and twenty days. Persons who have
been previously licensed or who have operated to the satisfaction of the director for at least one year prior to September 21, 1977 as a general manager shall be entitled to
operate for up to one year from such date before being
required to qualify under this section. In order to qualify,
such person shall, through testing procedures developed by
the director, show that such person has a knowledge of this
law, pertinent labor laws, and laws against discrimination in
employment in this state and of the United States. Said
examination shall be given at least once each quarter and a
fee for such examination shall be established by the director.
Nothing in this chapter shall be construed to preclude any
one natural person from being designated as the person who
is to have the general management of up to three offices
operated by any one licensee.
While employment directories may at the director’s
discretion be required to show that the person has a knowledge of this chapter, employment directories are exempt
from testing on pertinent labor laws, and laws against
discrimination in employment in this state and of the United
States.
(5) Employment directories shall register with the
department and meet all applicable requirements of this
chapter but shall not be required to be licensed by the
department or pay a licensing fee. [1993 c 499 § 4; 1982 c
227 § 14; 1977 ex.s. c 51 § 5; 1969 ex.s. c 228 § 10.]
Effective date—1982 c 227: See note following RCW 19.09.100.
19.31.110
Expiration date of license—
Reinstatement. An employment agency license shall expire
June 30th. Any such license not renewed may be reinstated
if the employment agency can show good cause to the
director for renewal of the license and present proof of intent
to continue to act as an employment agency: PROVIDED,
That no license shall be issued upon such application for
reinstatement until all fees and penalties previously accrued
(2002 Ed.)
19.31.100
under this chapter have been paid. [1977 ex.s. c 51 § 6;
1969 ex.s. c 228 § 11.]
19.31.120 Transfer of license. No license granted
pursuant to this chapter shall be transferable without the
consent of the director. No employment agency shall permit
any person not mentioned in the license application to
become connected with the business as an owner, member,
officer, or director without the consent of the director.
Consent may be withheld for any reason for which an
original application for a license might have been rejected,
if the person in question had been mentioned therein. [1969
ex.s. c 228 § 12.]
19.31.130 Denial, suspension or revocation of
license—Grounds. (Effective until January 1, 2003.) (1)
In accordance with the provisions of chapter 34.05 RCW as
now or as hereafter amended, the director may by order
deny, suspend or revoke the license of any employment
agency if he finds that the applicant or licensee:
(a) Was previously the holder of a license issued under
this chapter, which was revoked for cause and never reissued
by the director, or which license was suspended for cause
and the terms of the suspension have not been fulfilled;
(b) Has been found guilty of any felony within the past
five years involving moral turpitude, or for any misdemeanor
concerning fraud or conversion, or suffering any judgment
in any civil action involving wilful fraud, misrepresentation
or conversion;
(c) Has made a false statement of a material fact in his
application or in any data attached thereto;
(d) Has violated any provisions of this chapter, or failed
to comply with any rule or regulation issued by the director
pursuant to this chapter.
(2) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 848; 1969 ex.s. c 228 § 13.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.31.130 License sanction—Grounds—Support
order, noncompliance. (Effective January 1, 2003.) (1) In
accordance with the provisions of chapter 34.05 RCW, the
director may by order sanction the license of any employ[Title 19 RCW—page 81]
19.31.130
Title 19 RCW: Business Regulations—Miscellaneous
ment agency under RCW 18.235.110, if the director finds
that the applicant or licensee has violated any provisions of
this chapter, or failed to comply with any rule or regulation
issued by the director pursuant to this chapter.
(2) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 86 § 270; 1997 c 58 §
848; 1969 ex.s. c 228 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.31.140 Fees for licensees. The director shall
determine the fees, as provided in RCW 43.24.086, charged
to those parties licensed as employment agencies for original
applications, renewal per year, branch license, both original
and renewal, transfer of license, and approval of amended or
new contracts and/or fee schedules. [1985 c 7 § 84; 1975
1st ex.s. c 30 § 92; 1969 ex.s. c 228 § 14.]
19.31.150 Employment condition precedent to
charging fee—Exceptions. (1) Except as otherwise provided in subsections (2) and (3) of this section, no employment
agency shall charge or accept a fee or other consideration
from an applicant without complying with the terms of a
written contract as specified in RCW 19.31.040, and then
only after such agency has been responsible for referring
such job applicant to an employer or such employer to a job
applicant and where as a result thereof such job applicant
has been employed by such employer.
(2) Employment listing services may charge or accept
a fee when they provide the applicant with the job listing or
the referral.
(3) An employment directory may charge or accept a
fee when it provides the applicant with the directory. [1993
c 499 § 5; 1969 ex.s. c 228 § 15.]
19.31.160 Charging fee or payment contrary to
chapter—Return of excess. Any employment agency
which collects, receives, or retains a fee or other payment
contrary to the provisions of this chapter or to the rules and
regulations adopted pursuant to this chapter shall return the
excessive portion of the fee within seven days after receiving
a demand therefor from the director. [1969 ex.s. c 228 §
16.]
19.31.170 Limitations on fee amounts—Refunds—
Exceptions. (1) If an applicant accepts employment by
[Title 19 RCW—page 82]
agreement with an employer and thereafter never reports for
work, the gross fee charged to the applicant shall not exceed:
(a) Ten percent of what the first month’s gross salary or
wages would be, if known; or (b) ten percent of the first
month’s drawing account. If the employment was to have
been on a commission basis without any drawing account,
then no fee may be charged in the event that the applicant
never reports for work.
(2) If an applicant accepts employment on a commission
basis without any drawing account, then the gross fee
charged such applicant shall be a percentage of commissions
actually earned.
(3) If an applicant accepts employment and if within
sixty days of his reporting for work the employment is
terminated, then the gross fee charged such applicant shall
not exceed twenty percent of the gross salary, wages or
commission received by him.
(4) If an applicant accepts temporary employment as a
domestic, household employee, baby sitter, agricultural
worker, or day laborer, then the gross fee charged such
applicant shall not be in excess of twenty-five percent of the
first full month’s gross salary or wages: PROVIDED, That
where an applicant accepts employment as a domestic or
household employee for a period of less than one month,
then the gross fee charged such applicant shall not exceed
twenty-five percent of the gross salary or wages paid.
(5) Any applicant requesting a refund of a fee paid to an
employment agency in accordance with the terms of the
approved fee schedule of the employment agency pursuant
to this section shall file with the employment agency a form
requesting such refund on which shall be set forth information reasonably needed and requested by the employment
agency, including but not limited to the following: Circumstances under which employment was terminated, dates of
employment, and gross earnings of the applicant.
(6) Refund requests which are not in dispute shall be
made by the employment agency within thirty days of
receipt.
(7) Subsections (1) through (6) of this section do not
apply to employment listing services or employment directories. [1993 c 499 § 6; 1977 ex.s. c 51 § 7; 1969 ex.s. c 228
§ 17.]
19.31.180 Posting of fee limitation and remedy
provisions. Each licensee shall post the following in a
conspicuous place in each office in which it conducts
business: (1) The substance of RCW 19.31.150 through
19.31.170; and (2) a name and address provided by the
director, in a form prescribed by him, of a person to whom
complaints concerning possible violation of this chapter may
be made. All words required to be posted pursuant to this
section shall be printed in ten point bold face type. [1969
ex.s. c 228 § 18.]
19.31.190 Rules of conduct—Complaints. In
addition to the other provisions of this chapter the following
rules shall govern each and every employment agency:
(1) Every license or a verified copy thereof shall be displayed in a conspicuous place in each office of the employment agency;
(2002 Ed.)
Employment Agencies
(2) No fee shall be solicited or accepted as an application or registration fee by any employment agency solely for
the purpose of being registered as an applicant for employment;
(3) No licensee or agent of the licensee shall solicit, persuade, or induce an employee to leave any employment in
which the licensee or agent of the licensee has placed the
employee; nor shall any licensee or agent of the licensee
persuade or induce or solicit any employer to discharge any
employee;
(4) No employment agency shall knowingly cause to be
printed or published a false or fraudulent notice or advertisement for obtaining work or employment. All advertising by
a licensee shall signify that it is an employment agency
solicitation except an employment listing service shall
advertise it is an employment listing service;
(5) An employment directory shall include the following
on all advertisements:
"Directory provides information on possible employers
and general employment information but does not list actual
job openings.";
(6) No licensee shall fail to state in any advertisement,
proposal or contract for employment that there is a strike or
lockout at the place of proposed employment, if he has
knowledge that such condition exists;
(7) No licensee or agent of a licensee shall directly or
indirectly split, divide, or share with an employer any fee,
charge, or compensation received from any applicant who
has obtained employment with such employer or with any
other person connected with the business of such employer;
(8) When an applicant is referred to the same employer
by two licensees, the fee shall be paid to the licensee who
first contacted the applicant concerning the position for that
applicant: PROVIDED, That the licensee has given the
name of the employer to the applicant and has within five
working days arranged an interview with the employer and
the applicant was hired as the result of that interview;
(9) No licensee shall require in any manner that a
potential employee or an employee of an employer make any
contract with any lending agency for the purpose of fulfilling
a financial obligation to the licensee;
(10) All job listings must be bona fide job listings. To
qualify as a bona fide job listing the following conditions
must be met:
(a) A bona fide job listing must be obtained from a
representative of the employer that reflects an actual current
job opening;
(b) A representative of the employer must be aware of
the fact that the job listing will be made available to applicants by the employment listing service and that applicants
will be applying for the job listing;
(c) All job listings and referrals must be current. To
qualify as a current job listing the employment listing service
shall contact the employer and verify the availability of the
job listing no less than once per week;
(11) All listings for employers listed in employment
directories shall be current. To qualify as a current employer, the employment directory must contact the employer at
least once per month and verify that the employer is currently hiring;
(12) Any aggrieved person, firm, corporation, or public
officer may submit a written complaint to the director
(2002 Ed.)
19.31.190
charging the holder of an employment agency license with
violation of this chapter and/or the rules and regulations
adopted pursuant to this chapter. [1993 c 499 § 7; 1977
ex.s. c 51 § 8; 1969 ex.s. c 228 § 19.]
19.31.210 Enforcement. The director may refer such
evidence as may be available to him concerning violations
of this chapter or of any rule or regulation adopted hereunder
to the attorney general or the prosecuting attorney of the
county wherein the alleged violation arose, who may, in their
discretion, with or without such a reference, in addition to
any other action they might commence, bring an action in
the name of the state against any person to restrain and
prevent the doing of any act or practice prohibited by this
chapter: PROVIDED, That this chapter shall be considered
in conjunction with chapters 9.04 and 19.86 RCW, as now
or hereafter amended, and the powers and duties of the attorney general and the prosecuting attorney as they may appear
in the aforementioned chapters, shall apply against all
persons subject to this chapter. [1969 ex.s. c 228 § 21.]
19.31.220 Assurance of discontinuance of violation.
In the enforcement of this chapter, the attorney general
and/or any said prosecuting attorney may accept an assurance of discontinuance from any person deemed in violation
of any provisions of this chapter. Any such assurance shall
be in writing and shall be filed with and subject to the
approval of the superior court of the county in which the
alleged violator resides or has his principal place of business,
or in Thurston county. [1969 ex.s. c 228 § 22.]
19.31.230 Civil penalty. Any person who violates the
terms of any court order or temporary or permanent injunction issued pursuant to this chapter, shall forfeit and pay a
civil penalty of not more than five thousand dollars. For the
purpose of this section the superior court issuing any injunction shall retain continuing jurisdiction and in such cases the
attorney general and/or the prosecuting attorney acting in the
name of the state may petition for the recovery of civil
penalties. [1969 ex.s. c 228 § 23.]
19.31.240 Service of process outside state. Personal
service of any process in an action under this chapter may be
made upon any person outside the state if such person has
engaged in conduct in violation of this chapter which
conduct has had impact in this state which this chapter
reprehends. Such person shall be deemed to have thereby
submitted himself to the jurisdiction of the courts of this
state within the meaning of RCW 4.28.180 and 4.28.185, as
now or hereafter amended. [1969 ex.s. c 228 § 24.]
19.31.245 Registration or licensing prerequisite to
suit by employment agency—Action against unregistered
or unlicensed employment agency. (1) No employment
agency may bring or maintain a cause of action in any court
of this state for compensation for, or seeking equitable relief
in regard to, services rendered employers and applicants,
unless such agency shall allege and prove that at the time of
rendering the services in question, or making the contract
therefor, it was registered with the department or the holder
of a valid license issued under this chapter.
[Title 19 RCW—page 83]
19.31.245
Title 19 RCW: Business Regulations—Miscellaneous
(2) Any person who shall give consideration of any kind
to any employment agency for the performance of employment services in this state when said employment agency
shall not be registered with the department or be the holder
of a valid license issued under this chapter shall have a
cause of action against the employment agency. Any court
having jurisdiction may enter judgment therein for treble the
amount of such consideration so paid, plus reasonable
attorney’s fees and costs.
(3) A person performing the services of an employment
agency, employment listing service, or employment directory
without being registered with the department or holding a
valid license shall cease operations or immediately apply for
a valid license or register with the department. If the person
continues to operate in violation of this chapter the director
or the attorney general has a cause of action in any court
having jurisdiction for the return of any consideration paid
by any person to the agency. The court may enter judgment
in the action for treble the amount of the consideration so
paid, plus reasonable attorney’s fees and costs. [1993 c 499
§ 8; 1990 c 70 § 2; 1977 ex.s. c 51 § 10.]
19.31.250 Chapter provisions exclusive—Authority
of political subdivisions not affected. (1) The provisions
of this chapter relating to the regulation of private employment agencies shall be exclusive.
(2) This chapter shall not be construed to affect or
reduce the authority of any political subdivision of the state
of Washington to provide for the licensing of private
employment agencies solely for revenue purposes. [1969
ex.s. c 228 § 25.]
19.31.260 Administrative procedure act to govern
administration. The administration of this chapter shall be
governed by the provisions of the administrative procedure
act, chapter 34.05 RCW, as now or hereafter amended.
[1969 ex.s. c 228 § 26.]
19.31.270 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 271.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.31.900 Severability—1969 ex.s. c 228. If any
provision of this act is declared unconstitutional, or the
applicability thereof to any person or circumstances is held
invalid, the constitutionality of the remainder of the act and
the applicability thereof to other persons and circumstances
shall not be affected thereby. [1969 ex.s. c 228 § 27.]
19.31.910 Effective date—1969 ex.s. c 228. This act
shall become effective July 1, 1969. [1969 ex.s. c 228 §
28.]
[Title 19 RCW—page 84]
Chapter 19.32
FOOD LOCKERS
Sections
19.32.005
19.32.010
19.32.020
19.32.030
19.32.040
19.32.050
19.32.055
19.32.060
19.32.090
19.32.100
19.32.110
19.32.150
19.32.160
19.32.165
19.32.170
19.32.180
19.32.900
Transfer of duties to the department of health.
Declaration of police power.
Definitions.
Director—Duties.
Licensing required—Application.
License fees—Expiration—Annual renewal fees.
Stipulated license fee to replace existent charges.
Revocation or suspension of licenses—Grounds—Notice—
Review.
Revocation or suspension of licenses—Witnesses—
Evidence.
Equipment—Operation—Controls—Temperatures.
Diseased persons not to be employed—Health certificates.
Inspection of lockers and vehicles.
Liability for loss of goods.
Owners or operators not warehousemen.
Operator’s lien—Liability for game law violations.
Violations—Penalty.
Severability—1943 c 117.
19.32.005 Transfer of duties to the department of
health. The powers and duties of the department of social
and health services under this chapter shall be performed by
the department of health. [1989 1st ex.s. c 9 § 238.]
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
19.32.010 Declaration of police power. This chapter
is in exercise of the police powers of the state for the
protection of the safety, health and welfare of the people of
the state. It hereby is found and declared that the public
welfare requires control and regulation of the operation of
refrigerated lockers and of the sale, handling and processing
of articles of human food in connection therewith, and the
control, inspection and regulation of persons engaged therein,
in order to prevent or eliminate unsanitary, unhealthful,
fraudulent, and unfair or uneconomic practices and conditions in connection with the refrigerated locker business,
which practices and conditions endanger public health,
defraud customers, jeopardize the public source of supply
and storage facilities of essential food products, and adversely affect an important and growing industry. It is further
found and declared that the regulation of the refrigerated
locker business, as above outlined, is in the interest of the
economic and social well-being and the health and safety of
the state and all of its people. [1943 c 117 § 1; Rem. Supp.
1943 § 6294-125.]
19.32.020 Definitions. Except where the context
indicates a different meaning, terms used in this chapter shall
be defined as follows:
(1) "Refrigerated locker" or "locker" means any place,
premises or establishment where facilities for the cold
storage and preservation of human food in separate and
individual compartments are offered to the public upon a
rental or other basis providing compensation to the person
offering such services.
(2) "Person" includes any individual, partnership,
corporation, association, county, municipality, cooperative
group, or other entity engaging in the business of operating
(2002 Ed.)
Food Lockers
or owning or offering the services of refrigerated lockers as
above defined.
(3) "Master license system" means the mechanism
established by chapter 19.02 RCW by which master licenses,
endorsed for individual state-issued licenses, are issued and
renewed utilizing a master application and a master license
expiration date common to each renewable license endorsement. [1982 c 182 § 31; 1943 c 117 § 2; Rem. Supp. 1943
§ 6294-126.]
Severability—1982 c 182: See RCW 19.02.901.
19.32.030 Director—Duties. The director of agriculture is hereby empowered to prescribe and to enforce such
rules and regulations and to make such definitions, and to
prescribe such procedure with regard to hearings, as he may
deem necessary to carry into effect the full intent and
meaning of this chapter. [1943 c 117 § 7; Rem. Supp. 1943
§ 6294-131.]
19.32.040 Licensing required—Application. No
person hereafter shall engage within this state in the business
of owning, operating or offering the services of any refrigerated locker or lockers without having obtained a license for
each such place of business. Application for such license
shall be made through the master license system. Such
licenses shall be granted as a matter of right unless conditions exist which are grounds for a cancellation or revocation
of a license as hereinafter set forth. [1982 c 182 § 32; 1943
c 117 § 3; Rem. Supp. 1943 § 6294-127.]
Severability—1982 c 182: See RCW 19.02.901.
Master license system
defined: RCW 19.32.020(3).
existing licenses or permits registered under, when: RCW 19.02.810.
to include additional licenses: RCW 19.02.110.
19.32.050 License fees—Expiration—Annual
renewal fees. (1) An annual fee of ten dollars shall accompany each application for a refrigerated locker license or
renewal of the license. All such license and renewal fees
shall be deposited in the state’s general fund.
(2) Each such license shall expire on the master license
expiration date unless sooner revoked for cause. Renewal
may be obtained annually by paying the required annual
license fee. Such license fee shall not be transferable to any
person nor be applicable to any location other than that for
which originally issued. [1982 c 182 § 33; 1967 c 240 § 39;
1943 c 117 § 4; Rem. Supp. 1943 § 6294-128.]
Severability—1982 c 182: See RCW 19.02.901.
Severability—1967 c 240: See note following RCW 43.23.010.
Master license system
existing licenses or permits registered under, when: RCW 19.02.810.
license expiration date: RCW 19.02.090.
19.32.055 Stipulated license fee to replace existent
charges. Payment of the license fee stipulated herein shall
be accepted in lieu of any and all existing fees and charges
for like purposes or intent which may be existent prior to the
adoption of this chapter. [1943 c 117 § 15; Rem. Supp.
1943 § 6294-139.]
(2002 Ed.)
19.32.020
19.32.060 Revocation or suspension of licenses—
Grounds—Notice—Review. (1) The director of agriculture
may cancel or suspend any such license if he finds after
proper investigation that (a) the licensee has violated any
provision of this chapter or of any other law of this state
relating to the operation of refrigerated lockers or of the sale
of any human food in connection therewith, or any regulation effective under any act the administration of which is in
the charge of the department of agriculture, or (b) the
licensed refrigerated locker premises or any equipment used
therein or in connection therewith is in an unsanitary
condition and the licensee has failed or refused to remedy
the same within ten days after receipt from the director of
agriculture of written notice to do so.
(2) No license shall be revoked or suspended by the
director without delivery to the licensee of a written statement of the charge involved and an opportunity to answer
such charge within ten days from the date of such notice.
(3) Any order made by the director suspending or
revoking any license may be reviewed by certiorari in the
superior court of the county in which the licensed premises
are located, within ten days from the date notice in writing
of the director’s order revoking or suspending such license
has been served upon him.
(4) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 849; 1943 c 117 § 5; Rem. Supp. 1943 § 6294-129.
Formerly RCW 19.32.060 through 19.32.080.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.32.090 Revocation or suspension of licenses—
Witnesses—Evidence. In any proceeding under this chapter
the director of agriculture may administer oaths and issue
subpoenas, summon witnesses and take testimony of any
person within the state of Washington. [1943 c 117 § 10;
Rem. Supp. 1943 § 6294-134.]
19.32.100 Equipment—Operation—Controls—
Temperatures. Every operator of a refrigerated locker plant
shall provide a complete refrigeration system with adequate
capacity and accurate and reliable controls for the maintenance of the following uniform temperatures of the various
refrigerated rooms if provided, under extreme conditions of
outside temperatures and under peak load conditions in the
[Title 19 RCW—page 85]
19.32.100
Title 19 RCW: Business Regulations—Miscellaneous
normal operation of the plant. The temperatures of the
following rooms shall not exceed:
(1) Chill room, temperatures within two degrees
(Fahrenheit) plus or minus of thirty-five degrees (Fahrenheit)
with a tolerance of ten degrees (Fahrenheit) after fresh food
is put in for chilling;
(2) Sharp freeze room, sharp freeze compartments,
temperatures of minus ten degrees (Fahrenheit) or lower, or
temperatures of zero degrees (Fahrenheit) or lower when
forced air circulation is employed, with a tolerance of ten
degrees (Fahrenheit) for either type of installation after fresh
food is put in for freezing;
(3) Locker room temperatures of zero degrees (Fahrenheit) with a tolerance of twelve degrees (Fahrenheit) plus.
[1943 c 117 § 9; Rem. Supp. 1943 § 6294-133.]
19.32.110 Diseased persons not to be employed—
Health certificates. (1) No person afflicted with any
contagious or infectious disease shall work or be permitted
to work in or about any refrigerated locker, nor in the
handling, dealing nor processing of any human food in
connection therewith.
(2) No person shall work or be permitted to work in or
about any refrigerated locker in the handling, processing or
dealing in any human food or any ingredient thereof without
holding a certificate from a physician, duly accredited for
that purpose by the department of health, certifying that such
person has been examined and found free from any contagious or infectious disease. The department of health may
fix a maximum fee, not exceeding two dollars which may be
charged by a physician for such examination. Such certificate shall be effective for a period of six months and
thereafter must be renewed following proper physical
examination as aforesaid. Where such certificate is required
and provided under municipal ordinance upon examination
deemed adequate by the department, certificates issued
thereunder shall be sufficient under this chapter.
(3) Any such certificate shall be revoked by the department of health at any time the holder thereof is found, after
proper physical examination, to be afflicted with any
communicable or infectious disease. Refusal of any person
employed in such premises to submit to proper and reasonable physical examination upon written demand by the
department of health or of the director of agriculture shall be
cause for revocation of that person’s health certificate.
[1991 c 3 § 287; 1985 c 213 § 11; 1943 c 117 § 6; Rem.
Supp. 1943 § 6294-130. Formerly RCW 19.32.110 through
19.32.140.]
Savings—Effective date—1985 c 213: See notes following RCW
43.20.050.
19.32.150 Inspection of lockers and vehicles. The
director of agriculture shall cause to be made periodically a
thorough inspection of each establishment licensed under this
chapter to determine whether or not the premises are
constructed, equipped and operated in accordance with the
requirements of this chapter and of all other laws of this
state applicable to the operation either of refrigerated lockers
or of the handling of human food in connection therewith,
and of all regulations effective under this chapter relative to
such operation. Such inspection shall also be made of each
[Title 19 RCW—page 86]
vehicle used by an operator of refrigerated lockers or of an
establishment handling human food in connection therewith,
when such vehicle is used in transporting or distributing
human food products to or from refrigerated lockers within
this state. [2000 c 171 § 49; 1943 c 117 § 8; Rem. Supp.
1943 § 6294-132.]
19.32.160 Liability for loss of goods. The liability of
the owner or operator of refrigerated lockers for loss of
goods in lockers or in operator’s care shall be limited to
negligence of operation or of employees. [1943 c 117 § 12;
Rem. Supp. 1943 § 6294-136. FORMER PARTS OF
SECTION: (i) 1943 c 117 § 14; Rem. Supp. 1943 § 6294138, now codified as RCW 19.32.165. (ii) 1943 c 117 § 13,
part; Rem. Supp. 1943 § 6294-137, part, now codified in
RCW 19.32.170.]
19.32.165 Owners or operators not warehousemen.
Persons who own or operate refrigerated locker plants shall
not be construed to be warehousemen, nor shall receipts or
other instruments issued by such persons in the ordinary
conduct of their business be construed to be negotiable
warehouse receipts. [1943 c 117 § 14; Rem. Supp. 1943 §
6294-138. Formerly RCW 19.32.160, part.]
19.32.170 Operator’s lien—Liability for game law
violations. Every operator of a locker shall have a lien upon
all the property of every kind in his possession for all
lockers’ rentals, processing, handling or other charges due.
Such lien may be foreclosed under the procedures as
provided in chapter 60.10 RCW.
Locker owners and operators shall not be responsible for
liability for violations of game or other laws by renters
unless the contents of the locker are under the control of the
locker plant operator. [1995 c 62 § 3; 1969 c 82 § 10; 1943
c 117 § 13; Rem. Supp. 1943 § 6294-137. Formerly RCW
19.32.160, part.]
19.32.180 Violations—Penalty. Any person violating
any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than
one hundred dollars for the first offense, and not less than
two hundred dollars for the second and for each and every
subsequent offense, and each day that any violation continues shall constitute a separate offense. [1943 c 117 § 11;
Rem. Supp. 1943 § 6294-135.]
19.32.900 Severability—1943 c 117. If any clause,
sentence, paragraph, section or part of this chapter shall, for
any reason, be adjudged or decreed to be invalid by any
court of competent jurisdiction, such judgment or decree
shall not affect, impair nor invalidate the remainder of this
chapter, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved
in the controversy in which said judgment or decree shall
have been rendered. [1943 c 117 § 16.]
(2002 Ed.)
Washington Electronic Authentication Act
Chapter 19.34
WASHINGTON ELECTRONIC
AUTHENTICATION ACT
Sections
19.34.010
19.34.020
19.34.030
19.34.040
19.34.100
19.34.101
19.34.110
19.34.111
19.34.120
19.34.130
19.34.200
19.34.210
19.34.220
19.34.230
19.34.231
19.34.240
19.34.250
19.34.260
19.34.270
19.34.280
19.34.290
19.34.291
19.34.300
19.34.305
19.34.310
19.34.311
19.34.320
19.34.321
19.34.330
19.34.340
19.34.350
19.34.351
19.34.360
19.34.400
19.34.410
19.34.420
(2002 Ed.)
Purpose and construction.
Definitions.
Secretary—Duties.
Secretary—Fees—Disposition.
Certification authorities—Licensure—Qualifications—
Revocation and suspension.
Expiration of licenses—Renewal—Rules.
Compliance audits.
Qualifications of auditor signing report of opinion—
Compliance audits under state auditor’s authority.
Licensed certification authorities—Enforcement—Suspension
or revocation—Penalties—Rules—Costs—Procedure—
Injunctions.
Certification authorities—Prohibited activities—Statement by
secretary advising of certification authorities creating
prohibited risks—Protest—Hearing—Disposition—
Notice—Procedure.
Licensed certification authorities—Requirements.
Certificate—Issuance—Confirmation of information—
Confirmation of prospective subscriber—Standards,
statements, plans, requirements more rigorous than
chapter—Revocation, suspension—Investigation—
Notice—Procedure.
Licensed certification authorities—Warranties, obligations
upon issuance of certificate—Notice.
Subscribers—Representations and duties upon acceptance of
certificate.
Signature of a unit of government required—City or county
as certification authority—Unit of state government
prohibited from being certification authority—
Exceptions.
Private key—Control—Public disclosure exemption.
Suspension of certificate—Evidence—Investigation—
Notice—Termination—Limitation or preclusion by
contract—Misrepresentation—Penalty—Contracts for
regional enforcement by agencies—Rules.
Revocation of certificate—Confirmation—Notice—Release
from security duty—Discharge of warranties.
Certificate—Expiration.
Recommended reliance limit—Liability—Damages.
Collection based on suitable guaranty—Proceeds—
Attorneys’ fees—Costs—Notice—Recovery of qualified
right of payment.
Discontinuation of certification authority services—Duties of
authority—Continuation of guaranty—Process to maintain and update records—Rules—Costs.
Satisfaction of signature requirements.
Acceptance of digital signature in reasonable manner.
Unreliable digital signatures—Risk.
Reasonableness of reliance—Factors.
Digital message as written on paper—Requirements—Other
requirements not affected—Exception from uniform
commercial code.
Acceptance of certified court documents in electronic
form—Requirements—Rules of court on use in proceedings.
Digital message deemed original.
Certificate as acknowledgment—Requirements—
Exception—Responsibility of certification authority.
Adjudicating disputes—Presumptions.
Alteration of chapter by agreement—Exceptions.
Presumptions of validity/limitations on liability—
Conformance with chapter.
Recognition of repositories—Application—Discontinuance—
Procedure.
Repositories—Liability—Exemptions—Liquidation, limitation, alteration, or exclusion of damages.
Confidentiality of certain records—Limited access to state
auditor.
Chapter 19.34
19.34.500
19.34.501
19.34.502
Rule making.
Chapter supersedes and preempts local actions.
Criminal prosecution not precluded—Remedies not exclusive—Injunctive relief availability.
19.34.503 Jurisdiction, venue, choice of laws.
19.34.900 Short title.
19.34.901 Effective date—1996 c 250.
19.34.902 Severability—1996 c 250.
19.34.903 Part headings and section captions not law—1996 c 250.
Digital signature violations: RCW 9.38.060.
19.34.010 Purpose and construction. This chapter
shall be construed consistently with what is commercially
reasonable under the circumstances and to effectuate the
following purposes:
(1) To facilitate commerce by means of reliable electronic messages;
(2) To ensure that electronic signatures are not denied
legal recognition solely because they are in electronic form;
(3) To provide a voluntary licensing mechanism for
digital signature certification authorities by which businesses,
consumers, courts, government agencies, and other entities
can reasonably be assured as to the integrity, authenticity,
and nonrepudiation of a digitally signed electronic communication;
(4) To establish procedures governing the use of digital
signatures for official public business to provide reasonable
assurance of the integrity, authenticity, and nonrepudiation
of an electronic communication;
(5) To minimize the incidence of forged digital signatures and fraud in electronic commerce;
(6) To implement legally the general import of relevant
standards; and
(7) To establish, in coordination with states and other
jurisdictions, uniform rules regarding the authentication and
reliability of electronic messages. [1999 c 287 § 1; 1996 c
250 § 102.]
Effective date—1999 c 287: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 13, 1999]." [1999 c 287 § 20.]
19.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Accept a certificate" means to manifest approval of
a certificate, while knowing or having notice of its contents.
Such approval may be manifested by the use of the certificate.
(2) "Accept a digital signature" means to verify a digital
signature or take an action in reliance on a digital signature.
(3) "Asymmetric cryptosystem" means an algorithm or
series of algorithms that provide a secure key pair.
(4) "Certificate" means a computer-based record that:
(a) Identifies the certification authority issuing it;
(b) Names or identifies its subscriber;
(c) Contains the subscriber’s public key; and
(d) Is digitally signed by the certification authority
issuing it.
(5) "Certification authority" means a person who issues
a certificate.
[Title 19 RCW—page 87]
19.34.020
Title 19 RCW: Business Regulations—Miscellaneous
(6) "Certification authority disclosure record" means an
on-line, publicly accessible record that concerns a licensed
certification authority and is kept by the secretary.
(7) "Certification practice statement" means a declaration of the practices that a certification authority employs in
issuing certificates.
(8) "Certify" means to declare with reference to a
certificate, with ample opportunity to reflect, and with a duty
to apprise oneself of all material facts.
(9) "Confirm" means to ascertain through appropriate
inquiry and investigation.
(10) "Correspond," with reference to keys, means to
belong to the same key pair.
(11) "Digital signature" means an electronic signature
that is a transformation of a message using an asymmetric
cryptosystem such that a person having the initial message
and the signer’s public key can accurately determine:
(a) Whether the transformation was created using the
private key that corresponds to the signer’s public key; and
(b) Whether the initial message has been altered since
the transformation was made.
(12) "Electronic" means electrical, digital, magnetic,
optical, electromagnetic, or any other form of technology
that entails capabilities similar to these technologies.
(13) "Electronic record" means a record generated,
communicated, received, or stored by electronic means for
use in an information system or for transmission from one
information system to another.
(14) "Electronic signature" means a signature in electronic form attached to or logically associated with an
electronic record, including but not limited to a digital
signature.
(15) "Financial institution" means a national or statechartered commercial bank or trust company, savings bank,
savings association, or credit union authorized to do business
in the state of Washington and the deposits of which are federally insured.
(16) "Forge a digital signature" means either:
(a) To create a digital signature without the authorization of the rightful holder of the private key; or
(b) To create a digital signature verifiable by a certificate listing as subscriber a person who either:
(i) Does not exist; or
(ii) Does not hold the private key corresponding to the
public key listed in the certificate.
(17) "Hold a private key" means to be authorized to
utilize a private key.
(18) "Incorporate by reference" means to make one
message a part of another message by identifying the
message to be incorporated and expressing the intention that
it be incorporated.
(19) "Issue a certificate" means the acts of a certification authority in creating a certificate and notifying the
subscriber listed in the certificate of the contents of the
certificate.
(20) "Key pair" means a private key and its corresponding public key in an asymmetric cryptosystem, keys which
have the property that the public key can verify a digital
signature that the private key creates.
(21) "Licensed certification authority" means a certification authority to whom a license has been issued by the
secretary and whose license is in effect.
[Title 19 RCW—page 88]
(22) "Message" means a digital representation of
information.
(23) "Notify" means to communicate a fact to another
person in a manner reasonably likely under the circumstances to impart knowledge of the information to the other
person.
(24) "Official public business" means any legally
authorized transaction or communication among state
agencies, tribes, and local governments, or between a state
agency, tribe, or local government and a private person or
entity.
(25) "Operative personnel" means one or more natural
persons acting as a certification authority or its agent, or in
the employment of, or under contract with, a certification
authority, and who have:
(a) Duties directly involving the issuance of certificates,
or creation of private keys;
(b) Responsibility for the secure operation of the
trustworthy system used by the certification authority or any
recognized repository;
(c) Direct responsibility, beyond general supervisory
authority, for establishing or adopting policies regarding the
operation and security of the certification authority; or
(d) Such other responsibilities or duties as the secretary
may establish by rule.
(26) "Person" means a human being or an organization
capable of signing a document, either legally or as a matter
of fact.
(27) "Private key" means the key of a key pair used to
create a digital signature.
(28) "Public key" means the key of a key pair used to
verify a digital signature.
(29) "Publish" means to make information publicly
available.
(30) "Qualified right to payment" means an award of
damages against a licensed certification authority by a court
having jurisdiction over the certification authority in a civil
action for violation of this chapter.
(31) "Recipient" means a person who has received a
certificate and a digital signature verifiable with reference to
a public key listed in the certificate and is in a position to
rely on it.
(32) "Recognized repository" means a repository
recognized by the secretary under RCW 19.34.400.
(33) "Recommended reliance limit" means the monetary
amount recommended for reliance on a certificate under
RCW 19.34.280(1).
(34) "Repository" means a system for storing and
retrieving certificates and other information relevant to
digital signatures.
(35) "Revoke a certificate" means to make a certificate
ineffective permanently from a specified time forward.
Revocation is effected by notation or inclusion in a set of
revoked certificates, and does not imply that a revoked
certificate is destroyed or made illegible.
(36) "Rightfully hold a private key" means the authority
to utilize a private key:
(a) That the holder or the holder’s agents have not
disclosed to a person in violation of RCW 19.34.240(1); and
(b) That the holder has not obtained through theft,
deceit, eavesdropping, or other unlawful means.
(37) "Secretary" means the secretary of state.
(2002 Ed.)
Washington Electronic Authentication Act
(38) "Subscriber" means a person who:
(a) Is the subject listed in a certificate;
(b) Applies for or accepts the certificate; and
(c) Holds a private key that corresponds to a public key
listed in that certificate.
(39) "Suitable guaranty" means either a surety bond
executed by a surety authorized by the insurance commissioner to do business in this state, or an irrevocable letter of
credit issued by a financial institution authorized to do
business in this state, which, in either event, satisfies all of
the following requirements:
(a) It is issued payable to the secretary for the benefit of
persons holding qualified rights of payment against the
licensed certification authority named as the principal of the
bond or customer of the letter of credit;
(b) It is in an amount specified by rule by the secretary
under RCW 19.34.030;
(c) It states that it is issued for filing under this chapter;
(d) It specifies a term of effectiveness extending at least
as long as the term of the license to be issued to the certification authority; and
(e) It is in a form prescribed or approved by rule by the
secretary.
A suitable guaranty may also provide that the total
annual liability on the guaranty to all persons making claims
based on it may not exceed the face amount of the guaranty.
(40) "Suspend a certificate" means to make a certificate
ineffective temporarily for a specified time forward.
(41) "Time stamp" means either:
(a) To append or attach a digitally signed notation
indicating at least the date, time, and identity of the person
appending or attaching the notation to a message, digital
signature, or certificate; or
(b) The notation thus appended or attached.
(42) "Transactional certificate" means a valid certificate
incorporating by reference one or more digital signatures.
(43) "Trustworthy system" means computer hardware
and software that:
(a) Are reasonably secure from intrusion and misuse;
and
(b) Conform with the requirements established by the
secretary by rule.
(44) "Valid certificate" means a certificate that:
(a) A licensed certification authority has issued;
(b) The subscriber listed in it has accepted;
(c) Has not been revoked or suspended; and
(d) Has not expired.
However, a transactional certificate is a valid certificate
only in relation to the digital signature incorporated in it by
reference.
(45) "Verify a digital signature" means, in relation to a
given digital signature, message, and public key, to determine accurately that:
(a) The digital signature was created by the private key
corresponding to the public key; and
(b) The message has not been altered since its digital
signature was created. [2000 c 171 § 50; 1999 c 287 § 2;
1997 c 27 § 30; 1996 c 250 § 103.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
(2002 Ed.)
19.34.020
19.34.030 Secretary—Duties. (1) The secretary must
publish a certification authority disclosure record for each
licensed certification authority, and a list of all judgments
filed with the secretary, within the previous five years, under
RCW 19.34.290.
(2) The secretary may adopt rules consistent with this
chapter and in furtherance of its purposes:
(a) To license certification authorities, recognize
repositories, certify operative personnel, and govern the
practices of each;
(b) To determine the form and amount reasonably
appropriate for a suitable guaranty, in light of the burden a
suitable guaranty places upon licensed certification authorities and the assurance of quality and financial responsibility
it provides to persons who rely on certificates issued by
licensed certification authorities;
(c) To specify reasonable requirements for information
to be contained in or the form of certificates, including
transactional certificates, issued by licensed certification
authorities, in accordance with generally accepted standards
for digital signature certificates;
(d) To specify reasonable requirements for
recordkeeping by licensed certification authorities;
(e) To specify reasonable requirements for the content,
form, and sources of information in certification authority
disclosure records, the updating and timeliness of the
information, and other practices and policies relating to
certification authority disclosure records;
(f) To specify the form of and information required in
certification practice statements, as well as requirements
regarding the publication of certification practice statements;
(g) To specify the procedure and manner in which a
certificate may be suspended or revoked, as consistent with
this chapter;
(h) To specify the procedure and manner by which the
laws of other jurisdictions may be recognized, in order to
further uniform rules regarding the authentication and
reliability of electronic messages; and
(i) Otherwise to give effect to and implement this
chapter.
(3) The secretary may act as a certification authority,
and the certificates issued by the secretary shall be treated as
having been issued by a licensed certification authority.
[1999 c 287 § 4; 1997 c 27 § 1; 1996 c 250 § 104.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—1997 c 27: "Sections 1 through 23, 25 through 27,
and 29 through 34 of this act take effect January 1, 1998." [1997 c 27 §
35.]
Severability—1997 c 27: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 27 § 36.]
19.34.040 Secretary—Fees—Disposition. The
secretary may adopt rules establishing reasonable fees for all
services rendered by the secretary under this chapter, in
amounts that are reasonably calculated to be sufficient to
compensate for the costs of all services under this chapter,
but that are not estimated to exceed those costs in the
aggregate. All fees recovered by the secretary must be
[Title 19 RCW—page 89]
19.34.040
Title 19 RCW: Business Regulations—Miscellaneous
deposited in the state general fund. [1997 c 27 § 2; 1996 c
250 § 105.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.100 Certification authorities—Licensure—
Qualifications—Revocation and suspension. (1) To obtain
or retain a license, a certification authority must:
(a) Provide proof of identity to the secretary;
(b) Employ only certified operative personnel in
appropriate positions;
(c) File with the secretary an appropriate, suitable
guaranty, unless the certification authority is a city or county
that is self-insured or the department of information services;
(d) Use a trustworthy system;
(e) Maintain an office in this state or have established
a registered agent for service of process in this state; and
(f) Comply with all further licensing and practice
requirements established by rule by the secretary.
(2) The secretary may by rule create license classifications according to specified limitations, and the secretary
may issue licenses restricted according to the limits of each
classification.
(3) The secretary may impose license restrictions
specific to the practices of an individual certification
authority. The secretary shall set forth in writing and
maintain as part of the certification authority’s license application file the basis for such license restrictions.
(4) The secretary may revoke or suspend a certification
authority’s license, in accordance with the administrative
procedure act, chapter 34.05 RCW, for failure to comply
with this chapter or for failure to remain qualified under
subsection (1) of this section. The secretary may order the
summary suspension of a license pending proceedings for
revocation or other action, which must be promptly instituted
and determined, if the secretary includes within a written
order a finding that the certification authority has either:
(a) Utilized its license in the commission of a violation
of a state or federal criminal statute or of chapter 19.86
RCW; or
(b) Engaged in conduct giving rise to a serious risk of
loss to public or private parties if the license is not immediately suspended.
(5) The secretary may recognize by rule the licensing or
authorization of certification authorities by other governmental entities, in whole or in part, provided that those licensing
or authorization requirements are substantially similar to
those of this state. If licensing by another government is so
recognized:
(a) RCW 19.34.300 through 19.34.350 apply to certificates issued by the certification authorities licensed or
authorized by that government in the same manner as it
applies to licensed certification authorities of this state; and
(b) The liability limits of RCW 19.34.280 apply to the
certification authorities licensed or authorized by that
government in the same manner as they apply to licensed
certification authorities of this state.
(6) A certification authority that has not obtained a
license is not subject to the provisions of this chapter, except
as specifically provided. [1999 c 287 § 5; 1998 c 33 § 1;
1997 c 27 § 3; 1996 c 250 § 201.]
[Title 19 RCW—page 90]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.101 Expiration of licenses—Renewal—Rules.
Licenses issued under this chapter expire one year after
issuance, except that the secretary may provide by rule for
a longer duration. The secretary shall provide, by rule, for
a system of license renewal, which may include requirements
for continuing education. [1997 c 27 § 4.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.110 Compliance audits. (1) A licensed
certification authority shall obtain a compliance audit at such
times and in such manner as directed by rule of the secretary. If the certification authority is also a recognized
repository, the audit must include the repository.
(2) The certification authority shall file a copy of the
audit report with the secretary. The secretary may provide
by rule for filing of the report in an electronic format and
may publish the report in the certification authority disclosure record it maintains for the certification authority. [1999
c 287 § 6; 1997 c 27 § 5; 1996 c 250 § 202.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.111 Qualifications of auditor signing report of
opinion—Compliance audits under state auditor’s
authority. (1) An auditor signing a report of opinion as to
a compliance audit required by RCW 19.34.110 must:
(a) Be a certified public accountant, licensed under
chapter 18.04 RCW or equivalent licensing statute of another
jurisdiction; and
(b) Meet such other qualifications as the secretary may
establish by rule.
(2) The compliance audits of state agencies and local
governments who are licensed certification authorities, and
the secretary, must be performed under the authority of the
state auditor. The state auditor may contract with private
entities as needed to comply with this chapter. [1999 c 287
§ 7; 1997 c 27 § 6.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.120 Licensed certification authorities—
Enforcement—Suspension or revocation—Penalties—
Rules—Costs—Procedure—Injunctions. (1) The secretary
may investigate the activities of a licensed certification
authority material to its compliance with this chapter and
issue orders to a certification authority to further its investigation and secure compliance with this chapter.
(2) The secretary may suspend or revoke the license of
a certification authority for its failure to comply with an
order of the secretary.
(3) The secretary may by order impose and collect a
civil penalty against a licensed certification authority for a
violation of this chapter. The penalty shall not exceed ten
thousand dollars per incident, or ninety percent of the
(2002 Ed.)
Washington Electronic Authentication Act
recommended reliance limit of a material certificate, whichever is less. In case of a violation continuing for more than
one day, each day is considered a separate incident. The
secretary may adopt rules setting forth the standards governing the exercise of the secretary’s discretion as to penalty
amounts. In the case of a state agency authorized by law to
be a licensed certification authority, the sole penalty imposed
under this subsection shall consist of specific findings of
noncompliance and an order requiring compliance with this
chapter and the rules of the secretary. Any penalty imposed
under this chapter and chapter 34.05 RCW shall be enforceable in any court of competent jurisdiction.
(4) The secretary may order a certification authority,
which it has found to be in violation of this chapter, to pay
the costs incurred by the secretary in prosecuting and
adjudicating proceedings relative to the order, and enforcing
it.
(5) The secretary must exercise authority under this
section in accordance with the administrative procedure act,
chapter 34.05 RCW, and a licensed certification authority
may obtain judicial review of the secretary’s actions as
prescribed by chapter 34.05 RCW. The secretary may also
seek injunctive relief to compel compliance with an order.
[1999 c 287 § 8; 1997 c 27 § 7; 1996 c 250 § 203.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.130 Certification authorities—Prohibited
activities—Statement by secretary advising of certification authorities creating prohibited risks—Protest—
Hearing—Disposition—Notice—Procedure. (1) No
certification authority, whether licensed or not, may conduct
its business in a manner that creates an unreasonable risk of
loss to subscribers of the certification authority, to persons
relying on certificates issued by the certification authority, or
to a repository.
(2) The secretary may publish brief statements advising
subscribers, persons relying on digital signatures, or other
repositories about activities of a certification authority,
whether licensed or not, that create a risk prohibited by
subsection (1) of this section. The certification authority
named in a statement as creating or causing such a risk may
protest the publication of the statement by filing a written
defense of ten thousand bytes or less. Upon receipt of such
a protest, the secretary must publish the protest along with
the secretary’s statement, and must promptly give the
protesting certification authority notice and an opportunity to
be heard. Following the hearing, the secretary must rescind
the advisory statement if its publication was unwarranted
under this section, cancel it if its publication is no longer
warranted, continue or amend it if it remains warranted, or
take further legal action to eliminate or reduce a risk
prohibited by subsection (1) of this section. The secretary
must publish its decision in the repository it provides.
(3) In the manner provided by the administrative
procedure act, chapter 34.05 RCW, the secretary may issue
orders and obtain injunctions or other civil relief to prevent
or restrain a certification authority from violating this section, regardless of whether the certification authority is licensed. This section does not create a right of action in a
(2002 Ed.)
19.34.120
person other than the secretary. [1999 c 287 § 9; 1996 c
250 § 204.]
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.200 Licensed certification authorities—
Requirements. (1) A licensed certification authority shall
use only a trustworthy system to issue, suspend, or revoke
certificates. A licensed certification authority shall use a
recognized repository to publish or give notice of the
issuance, suspension, or revocation of a certificate.
(2) A licensed certification authority shall publish a
certification practice statement in accordance with the rules
established by the secretary. The secretary shall publish the
certification practice statements of licensed certification
authorities submitted as part of the licensing process in a
manner similar to the publication of the certification authority disclosure record.
(3) A licensed certification authority shall knowingly
employ as operative personnel only persons who have not
been convicted within the past seven years of a felony and
have never been convicted of a crime involving fraud, false
statement, or deception. For purposes of this subsection, a
certification authority knowingly employs such a person if
the certification authority knew of a conviction, or should
have known based on information required by rule of the
secretary. Operative personnel employed by a licensed
certification authority must also be persons who have demonstrated knowledge and proficiency in following the
requirements of this chapter. The secretary may provide by
rule for the certification of operative personnel, and provide
by rule for the manner in which criminal background
information is provided as part of the certification process,
as well as the manner in which knowledge and proficiency
in following the requirements of this chapter may be
demonstrated. [1999 c 287 § 10; 1997 c 27 § 8; 1996 c 250
§ 301.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.210 Certificate—Issuance—Confirmation of
information—Confirmation of prospective subscriber—
Standards, statements, plans, requirements more rigorous
than chapter—Revocation, suspension—Investigation—
Notice—Procedure. (1) A licensed certification authority
may issue a certificate to a subscriber only after all of the
following conditions are satisfied:
(a) The certification authority has received a request for
issuance signed by the prospective subscriber; and
(b) The certification authority has confirmed that:
(i) The prospective subscriber is the person to be listed
in the certificate to be issued;
(ii) If the prospective subscriber is acting through one
or more agents, the subscriber duly authorized the agent or
agents to have custody of the subscriber’s private key and to
request issuance of a certificate listing the corresponding
public key;
(iii) The information in the certificate to be issued is
accurate;
[Title 19 RCW—page 91]
19.34.210
Title 19 RCW: Business Regulations—Miscellaneous
(iv) The prospective subscriber rightfully holds the
private key corresponding to the public key to be listed in
the certificate;
(v) The prospective subscriber holds a private key
capable of creating a digital signature;
(vi) The public key to be listed in the certificate can be
used to verify a digital signature affixed by the private key
held by the prospective subscriber; and
(vii) The certificate provides information sufficient to
locate or identify one or more repositories in which notification of the revocation or suspension of the certificate will be
listed if the certificate is suspended or revoked.
(c) The requirements of this subsection may not be
waived or disclaimed by either the licensed certification
authority, the subscriber, or both.
(2) In confirming that the prospective subscriber is the
person to be listed in the certificate to be issued, a licensed
certification authority shall make a reasonable inquiry into
the subscriber’s identity in light of:
(a) Any statements made by the certification authority
regarding the reliability of the certificate;
(b) The reliance limit of the certificate;
(c) Any recommended uses or applications for the
certificate; and
(d) Whether the certificate is a transactional certificate
or not.
(3) A certification authority shall be presumed to have
confirmed that the prospective subscriber is the person to be
listed in a certificate where:
(a) The subscriber appears before the certification
authority and presents identification documents consisting of
at least one of the following:
(i) A current identification document issued by or under
the authority of the United States, or such similar identification document issued under the authority of another country;
(ii) A current driver’s license issued by a state of the
United States; or
(iii) A current personal identification card issued by a
state of the United States; and
(b) Operative personnel certified according to law or a
notary has reviewed and accepted the identification information of the subscriber.
(4) The certification authority may establish policies
regarding the publication of certificates in its certification
practice statement, which must be adhered to unless an
agreement between the certification authority and the
subscriber provides otherwise. If the certification authority
does not establish such a policy, the certification authority
must publish a signed copy of the certificate in a recognized
repository.
(5) Nothing in this section precludes a licensed certification authority from conforming to standards, certification
practice statements, security plans, or contractual requirements more rigorous than, but nevertheless consistent with,
this chapter.
(6) After issuing a certificate, a licensed certification
authority must revoke it immediately upon confirming that
it was not issued as required by this section. A licensed
certification authority may also suspend a certificate that it
has issued for a period not exceeding five business days as
needed for an investigation to confirm grounds for revocation under this subsection. The certification authority must
[Title 19 RCW—page 92]
give notice to the subscriber as soon as practicable after a
decision to revoke or suspend under this subsection.
(7) The secretary may order the licensed certification
authority to suspend or revoke a certificate that the certification authority issued, if, after giving any required notice and
opportunity for the certification authority and subscriber to
be heard in accordance with the administrative procedure act,
chapter 34.05 RCW, the secretary determines that:
(a) The certificate was issued without substantial
compliance with this section; and
(b) The noncompliance poses a significant risk to
persons relying on the certificate.
Upon determining that an emergency requires an
immediate remedy, and in accordance with the administrative
procedure act, chapter 34.05 RCW, the secretary may issue
an order suspending a certificate for a period not to exceed
five business days. [1999 c 287 § 11; 1997 c 27 § 9; 1996
c 250 § 302.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.220 Licensed certification authorities—
Warranties, obligations upon issuance of certificate—
Notice. (1) By issuing a certificate, a licensed certification
authority warrants to the subscriber named in the certificate
that:
(a) The certificate contains no information known to the
certification authority to be false;
(b) The certificate satisfies all material requirements of
this chapter; and
(c) The certification authority has not exceeded any
limits of its license in issuing the certificate.
The certification authority may not disclaim or limit the
warranties of this subsection.
(2) Unless the subscriber and certification authority
otherwise agree, a certification authority, by issuing a
certificate, promises to the subscriber:
(a) To act promptly to suspend or revoke a certificate in
accordance with RCW 19.34.250 or 19.34.260; and
(b) To notify the subscriber within a reasonable time of
any facts known to the certification authority that significantly affect the validity or reliability of the certificate once it is
issued.
(3) By issuing a certificate, a licensed certification
authority certifies to all who reasonably rely on the information contained in the certificate, or on a digital signature
verifiable by the public key listed in the certificate, that:
(a) The information in the certificate and listed as
confirmed by the certification authority is accurate;
(b) All information foreseeably material to the reliability
of the certificate is stated or incorporated by reference within
the certificate;
(c) The subscriber has accepted the certificate; and
(d) The licensed certification authority has complied
with all applicable laws of this state governing issuance of
the certificate.
(4) By publishing a certificate, a licensed certification
authority certifies to the repository in which the certificate is
published and to all who reasonably rely on the information
contained in the certificate that the certification authority has
(2002 Ed.)
Washington Electronic Authentication Act
issued the certificate to the subscriber. [1997 c 27 § 32;
1996 c 250 § 303.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.230 Subscribers—Representations and duties
upon acceptance of certificate. (1) By accepting a certificate issued by a licensed certification authority, the subscriber listed in the certificate certifies to all who reasonably rely
on the information contained in the certificate that:
(a) The subscriber rightfully holds the private key
corresponding to the public key listed in the certificate;
(b) All representations made by the subscriber to the
certification authority and material to the information listed
in the certificate are true; and
(c) All material representations made by the subscriber
to a certification authority or made in the certificate and not
confirmed by the certification authority in issuing the
certificate are true.
(2) By requesting on behalf of a principal the issuance
of a certificate naming the principal as subscriber, the
requesting person certifies in that person’s own right to all
who reasonably rely on the information contained in the
certificate that the requesting person:
(a) Holds all authority legally required to apply for
issuance of a certificate naming the principal as subscriber;
and
(b) Has authority to sign digitally on behalf of the
principal, and, if that authority is limited in any way,
adequate safeguards exist to prevent a digital signature
exceeding the bounds of the person’s authority.
(3) No person may disclaim or contractually limit the
application of this section, nor obtain indemnity for its
effects, if the disclaimer, limitation, or indemnity restricts
liability for misrepresentation as against persons reasonably
relying on the certificate.
(4) By accepting a certificate, a subscriber undertakes to
indemnify the issuing certification authority for loss or
damage caused by issuance or publication of a certificate in
reliance on:
(a) A false and material representation of fact by the
subscriber; or
(b) The failure by the subscriber to disclose a material
fact;
if the representation or failure to disclose was made either
with intent to deceive the certification authority or a person
relying on the certificate, or with negligence. If the certification authority issued the certificate at the request of one or
more agents of the subscriber, the agent or agents personally
undertake to indemnify the certification authority under this
subsection, as if they were accepting subscribers in their own
right. The indemnity provided in this section may not be
disclaimed or contractually limited in scope. However, a
contract may provide consistent, additional terms regarding
the indemnification.
(5) In obtaining information of the subscriber material
to issuance of a certificate, the certification authority may
require the subscriber to certify the accuracy of relevant
information under oath or affirmation of truthfulness and
under penalty of perjury. [1996 c 250 § 304.]
(2002 Ed.)
19.34.220
19.34.231 Signature of a unit of government
required—City or county as certification authority—Unit
of state government prohibited from being certification
authority—Exceptions. (1) If a signature of a unit of state
or local government, including its appropriate officers or
employees, is required by statute, administrative rule, court
rule, or requirement of the office of financial management,
that unit of state or local government shall become a
subscriber to a certificate issued by a licensed certification
authority for purposes of conducting official public business
with electronic records.
(2) A city or county may become a licensed certification
authority under RCW 19.34.100 for purposes of providing
services to local government, if authorized by ordinance
adopted by the city or county legislative authority.
(3) A unit of state government, except the secretary and
the department of information services, may not act as a
certification authority. [1999 c 287 § 12; 1997 c 27 § 10.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.240 Private key—Control—Public disclosure
exemption. (1) By accepting a certificate issued by a
licensed certification authority, the subscriber identified in
the certificate assumes a duty to exercise reasonable care to
retain control of the private key and prevent its disclosure to
a person not authorized to create the subscriber’s digital
signature. The subscriber is released from this duty if the
certificate expires or is revoked.
(2) A private key is the personal property of the
subscriber who rightfully holds it.
(3) A private key in the possession of a state agency or
local agency, as those terms are defined by RCW 42.17.020,
is exempt from public inspection and copying under chapter
42.17 RCW. [1997 c 27 § 11; 1996 c 250 § 305.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.250 Suspension of certificate—Evidence—
Investigation—Notice—Termination—Limitation or
preclusion by contract—Misrepresentation—Penalty—
Contracts for regional enforcement by agencies—Rules.
(1) Unless the certification authority provides otherwise in
the certificate or its certification practice statement, the
licensed certification authority that issued a certificate that is
not a transactional certificate must suspend the certificate for
a period not to exceed five business days:
(a) Upon request by a person whom the certification
authority reasonably believes to be: (i) The subscriber
named in the certificate; (ii) a person duly authorized to act
for that subscriber; or (iii) a person acting on behalf of the
unavailable subscriber; or
(b) By order of the secretary under RCW 19.34.210(7).
The certification authority need not confirm the identity
or agency of the person requesting suspension. The certification authority may require the person requesting suspension to provide evidence, including a statement under oath or
affirmation, regarding the requestor’s identity, authorization,
or the unavailability of the subscriber. Law enforcement
[Title 19 RCW—page 93]
19.34.250
Title 19 RCW: Business Regulations—Miscellaneous
agencies may investigate suspensions for possible wrongdoing by persons requesting suspension.
(2) Unless the certification authority provides otherwise
in the certificate or its certification practice statement, the
secretary may suspend a certificate issued by a licensed
certification authority for a period not to exceed five
business days, if:
(a) A person identifying himself or herself as the
subscriber named in the certificate, a person authorized to
act for that subscriber, or a person acting on behalf of that
unavailable subscriber requests suspension; and
(b) The requester represents that the certification
authority that issued the certificate is unavailable.
The secretary may require the person requesting
suspension to provide evidence, including a statement under
oath or affirmation, regarding his or her identity, authorization, or the unavailability of the issuing certification authority, and may decline to suspend the certificate in its discretion. Law enforcement agencies may investigate suspensions
by the secretary for possible wrongdoing by persons requesting suspension.
(3) Immediately upon suspension of a certificate by a
licensed certification authority, the licensed certification
authority must give notice of the suspension according to the
specification in the certificate. If one or more repositories
are specified, then the licensed certification authority must
publish a signed notice of the suspension in all the repositories. If a repository no longer exists or refuses to accept
publication, or if no repository is recognized under RCW
19.34.400, the licensed certification authority must also
publish the notice in a recognized repository. If a certificate
is suspended by the secretary, the secretary must give notice
as required in this subsection for a licensed certification
authority, provided that the person requesting suspension
pays in advance any fee required by a repository for publication of the notice of suspension.
(4) A certification authority must terminate a suspension
initiated by request only:
(a) If the subscriber named in the suspended certificate
requests termination of the suspension, the certification
authority has confirmed that the person requesting suspension is the subscriber or an agent of the subscriber authorized to terminate the suspension; or
(b) When the certification authority discovers and
confirms that the request for the suspension was made
without authorization by the subscriber. However, this
subsection (4)(b) does not require the certification authority
to confirm a request for suspension.
(5) The contract between a subscriber and a licensed
certification authority may limit or preclude requested
suspension by the certification authority, or may provide
otherwise for termination of a requested suspension.
However, if the contract limits or precludes suspension by
the secretary when the issuing certification authority is
unavailable, the limitation or preclusion is effective only if
notice of it is published in the certificate.
(6) No person may knowingly or intentionally misrepresent to a certification authority his or her identity or authorization in requesting suspension of a certificate. Violation of
this subsection is a gross misdemeanor.
(7) The secretary may authorize other state or local
governmental agencies to perform any of the functions of the
[Title 19 RCW—page 94]
secretary under this section upon a regional basis. The
authorization must be formalized by an agreement under
chapter 39.34 RCW. The secretary may provide by rule the
terms and conditions of the regional services.
(8) A suspension under this section must be completed
within twenty-four hours of receipt of all information
required in this section. [2000 c 171 § 51; 1999 c 287 § 13;
1997 c 27 § 12; 1996 c 250 § 306.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.260 Revocation of certificate—Confirmation—
Notice—Release from security duty—Discharge of
warranties. (1) A licensed certification authority must
revoke a certificate that it issued but which is not a transactional certificate, after:
(a) Receiving a request for revocation by the subscriber
named in the certificate; and
(b) Confirming that the person requesting revocation is
the subscriber, or is an agent of the subscriber with authority
to request the revocation.
(2) A licensed certification authority must confirm a
request for revocation and revoke a certificate within one
business day after receiving both a subscriber’s written
request and evidence reasonably sufficient to confirm the
identity and any agency of the person requesting the revocation.
(3) A licensed certification authority must revoke a
certificate that it issued:
(a) Upon receiving a certified copy of the subscriber’s
death certificate, or upon confirming by other evidence that
the subscriber is dead; or
(b) Upon presentation of documents effecting a dissolution of the subscriber, or upon confirming by other evidence
that the subscriber has been dissolved or has ceased to exist,
except that if the subscriber is dissolved and is reinstated or
restored before revocation is completed, the certification
authority is not required to revoke the certificate.
(4) A licensed certification authority may revoke one or
more certificates that it issued if the certificates are or
become unreliable, regardless of whether the subscriber
consents to the revocation and notwithstanding a provision
to the contrary in a contract between the subscriber and
certification authority.
(5) Immediately upon revocation of a certificate by a
licensed certification authority, the licensed certification
authority must give notice of the revocation according to the
specification in the certificate. If one or more repositories
are specified, then the licensed certification authority must
publish a signed notice of the revocation in all repositories.
If a repository no longer exists or refuses to accept publication, or if no repository is recognized under RCW 19.34.400,
then the licensed certification authority must also publish the
notice in a recognized repository.
(6) A subscriber ceases to certify, as provided in RCW
19.34.230, and has no further duty to keep the private key
secure, as required by RCW 19.34.240, in relation to the
certificate whose revocation the subscriber has requested,
beginning at the earlier of either:
(2002 Ed.)
Washington Electronic Authentication Act
19.34.260
(a) When notice of the revocation is published as
required in subsection (5) of this section; or
(b) One business day after the subscriber requests
revocation in writing, supplies to the issuing certification
authority information reasonably sufficient to confirm the
request, and pays any contractually required fee.
(7) Upon notification as required by subsection (5) of
this section, a licensed certification authority is discharged of
its warranties based on issuance of the revoked certificate, as
to transactions occurring after the notification, and ceases to
certify as provided in RCW 19.34.220 (2) and (3) in relation
to the revoked certificate. [1997 c 27 § 13; 1996 c 250 §
307.]
tion authority under this subsection is subject to the limitations in subsection (2)(b) and (c) of this section unless the
limits are waived by the licensed certification authority.
(4) Consequential or incidental damages may be
liquidated, or may otherwise be limited, altered, or excluded
unless the limitation, alteration, or exclusion is unconscionable. A licensed certification authority may liquidate,
limit, alter, or exclude consequential or incidental damages
as provided in this subsection by agreement or by notifying
any person who will rely on a certificate of the liquidation,
limitation, alteration, or exclusion before the person relies on
the certificate. [1999 c 287 § 14; 1997 c 27 § 14; 1996 c
250 § 309.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.270 Certificate—Expiration. (1) A certificate
must indicate the date on which it expires.
(2) When a certificate expires, the subscriber and certification authority cease to certify as provided in this chapter
and the certification authority is discharged of its duties
based on issuance, in relation to the expired certificate.
[1996 c 250 § 308.]
19.34.280 Recommended reliance limit—Liability—
Damages. (1) By clearly specifying a recommended
reliance limit in a certificate and in the certification practice
statement, the issuing certification authority recommends that
persons rely on the certificate only to the extent that the total
amount at risk does not exceed the recommended reliance
limit.
(2) Subject to subsection (3) of this section, unless a
licensed certification authority waives application of this
subsection, a licensed certification authority is:
(a) Not liable for a loss caused by reliance on a false or
forged digital signature of a subscriber, if, with respect to the
false or forged digital signature, the certification authority
complied with all material requirements of this chapter;
(b) Not liable in excess of the amount specified in the
certificate as its recommended reliance limit for either:
(i) A loss caused by reliance on a misrepresentation in
the certificate of a fact that the licensed certification authority is required to confirm; or
(ii) Failure to comply with RCW 19.34.210 in issuing
the certificate;
(c) Not liable for:
(i) Punitive or exemplary damages. Nothing in this
chapter may be interpreted to permit punitive or exemplary
damages that would not otherwise be permitted by the law
of this state; or
(ii) Damages for pain or suffering.
(3) Nothing in subsection (2)(a) of this section relieves
a licensed certification authority of its liability for breach of
any of the warranties or certifications it gives under RCW
19.34.220 or for its lack of good faith, which warranties and
obligation of good faith may not be disclaimed. However,
the standards by which the performance of a licensed certification authority’s obligation of good faith is to be measured
may be determined by agreement or notification complying
with subsection (4) of this section if the standards are not
manifestly unreasonable. The liability of a licensed certifica(2002 Ed.)
19.34.290 Collection based on suitable guaranty—
Proceeds—Attorneys’ fees—Costs—Notice—Recovery of
qualified right of payment. (1)(a) If the suitable guaranty
is a surety bond, a person may recover from the surety the
full amount of a qualified right to payment against the
principal named in the bond, or, if there is more than one
such qualified right to payment during the term of the bond,
a ratable share, up to a maximum total liability of the surety
equal to the amount of the bond.
(b) If the suitable guaranty is a letter of credit, a person
may recover from the issuing financial institution only in
accordance with the terms of the letter of credit.
Claimants may recover successively on the same
suitable guaranty, provided that the total liability on the
suitable guaranty to all persons making qualified rights of
payment during its term must not exceed the amount of the
suitable guaranty.
(2) In addition to recovering the amount of a qualified
right to payment, a claimant may recover from the proceeds
of the guaranty, until depleted, the attorneys’ fees, reasonable in amount, and court costs incurred by the claimant in
collecting the claim, provided that the total liability on the
suitable guaranty to all persons making qualified rights of
payment or recovering attorneys’ fees during its term must
not exceed the amount of the suitable guaranty.
(3) To recover a qualified right to payment against a
surety or issuer of a suitable guaranty, the claimant must:
(a) File written notice of the claim with the secretary
stating the name and address of the claimant, the amount
claimed, and the grounds for the qualified right to payment,
and any other information required by rule by the secretary;
and
(b) Append to the notice a certified copy of the judgment on which the qualified right to payment is based.
Recovery of a qualified right to payment from the
proceeds of the suitable guaranty is barred unless the
claimant substantially complies with this subsection (3).
(4) Recovery of a qualified right to payment from the
proceeds of a suitable guaranty are forever barred unless
notice of the claim is filed as required in subsection (3)(a) of
this section within three years after the occurrence of the
violation of this chapter that is the basis for the claim.
Notice under this subsection need not include the require-
[Title 19 RCW—page 95]
19.34.290
Title 19 RCW: Business Regulations—Miscellaneous
ment imposed by subsection (3)(b) of this section. [1996 c
250 § 310.]
19.34.291 Discontinuation of certification authority
services—Duties of authority—Continuation of guaranty—Process to maintain and update records—Rules—
Costs. (1) A licensed certification authority that discontinues providing certification authority services shall:
(a) Notify all subscribers listed in valid certificates
issued by the certification authority, before discontinuing
services;
(b) Minimize, to the extent commercially reasonable,
disruption to the subscribers of valid certificates and relying
parties; and
(c) Make reasonable arrangements for preservation of
the certification authority’s records.
(2) A suitable guaranty of a licensed certification
authority may not be released until the expiration of the term
specified in the guaranty.
(3) The secretary may provide by rule for a process by
which the secretary may, in any combination, receive,
administer, or disburse the records of a licensed certification
authority or a recognized repository that discontinues providing services, for the purpose of maintaining access to the
records and revoking any previously issued valid certificates
in a manner that minimizes disruption to subscribers and
relying parties. The secretary’s rules may include provisions
by which the secretary may recover costs incurred in doing
so. [1997 c 27 § 15.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.300 Satisfaction of signature requirements.
(1) Where a rule of law requires a signature, or provides for
certain consequences in the absence of a signature, that rule
is satisfied by a digital signature, if:
(a) The digital signature is verified by reference to the
public key listed in a valid certificate issued by a licensed
certification authority;
(b) The digital signature was affixed by the signer with
the intention of signing the message; and
(c) The recipient has no knowledge or notice that the
signer either:
(i) Breached a duty as a subscriber; or
(ii) Does not rightfully hold the private key used to affix
the digital signature.
(2) Nothing in this chapter:
(a) Precludes a mark from being valid as a signature
under other applicable law;
(b) May be construed to obligate a recipient or any
other person asked to rely on a digital signature to accept a
digital signature or to respond to an electronic message
containing a digital signature except as provided in RCW
19.34.321; or
(c) Precludes the recipient of a digital signature or an
electronic message containing a digital signature from
establishing the conditions under which the recipient will
accept a digital signature. [1997 c 27 § 16; 1996 c 250 §
401.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
[Title 19 RCW—page 96]
19.34.305 Acceptance of digital signature in reasonable manner. Acceptance of a digital signature may be
made in any manner reasonable in the circumstances. [1997
c 27 § 31.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.310 Unreliable digital signatures—Risk.
Unless otherwise provided by law or contract, the recipient
of a digital signature assumes the risk that a digital signature
is forged, if reliance on the digital signature is not reasonable under the circumstances. [1997 c 27 § 17; 1996 c
250 § 402.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.311 Reasonableness of reliance—Factors. The
following factors, among others, are significant in evaluating
the reasonableness of a recipient’s reliance upon a certificate
and upon the digital signatures verifiable with reference to
the public key listed in the certificate:
(1) Facts which the relying party knows or of which the
relying party has notice, including all facts listed in the
certificate or incorporated in it by reference;
(2) The value or importance of the digitally signed
message, if known;
(3) The course of dealing between the relying person
and subscriber and the available indicia of reliability or
unreliability apart from the digital signature; and
(4) Usage of trade, particularly trade conducted by
trustworthy systems or other computer-based means. [1997
c 27 § 18.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.320 Digital message as written on paper—
Requirements—Other requirements not affected—
Exception from uniform commercial code. A message is
as valid, enforceable, and effective as if it had been written
on paper, if it:
(1) Bears in its entirety a digital signature; and
(2) That digital signature is verified by the public key
listed in a certificate that:
(a) Was issued by a licensed certification authority; and
(b) Was valid at the time the digital signature was
created.
Nothing in this chapter shall be construed to eliminate,
modify, or condition any other requirements for a contract to
be valid, enforceable, and effective. No digital message
shall be deemed to be an instrument under Title 62A RCW
unless all parties to the transaction agree, including financial
institutions affected. [1997 c 27 § 19; 1996 c 250 § 403.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.321 Acceptance of certified court documents
in electronic form—Requirements—Rules of court on use
in proceedings. (1) A person may not refuse to honor,
accept, or act upon a court order, writ, or warrant upon the
basis that it is electronic in form and signed with a digital
(2002 Ed.)
Washington Electronic Authentication Act
signature, if the digital signature was certified by a licensed
certification authority or otherwise issued under court rule.
This section applies to a paper printout of a digitally signed
document, if the printout reveals that the digital signature
was electronically verified before the printout, and in the
absence of a finding that the document has been altered.
(2) Nothing in this chapter shall be construed to limit
the authority of the supreme court to adopt rules of pleading,
practice, or procedure, or of the court of appeals or superior
courts to adopt supplementary local rules, governing the use
of electronic messages or documents, including rules governing the use of digital signatures, in judicial proceedings.
[1997 c 27 § 20.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.330 Digital message deemed original. A
digitally signed message shall be deemed to be an original
of the message. [1999 c 287 § 15; 1996 c 250 § 404.]
19.34.321
(3) If a digital signature is verified by the public key
listed in a valid certificate issued by a licensed certification
authority:
(a) That digital signature is the digital signature of the
subscriber listed in that certificate;
(b) That digital signature was affixed by that subscriber
with the intention of signing the message;
(c) The message associated with the digital signature has
not been altered since the signature was affixed; and
(d) The recipient of that digital signature has no
knowledge or notice that the signer:
(i) Breached a duty as a subscriber; or
(ii) Does not rightfully hold the private key used to affix
the digital signature.
(4) A digital signature was created before it was time
stamped by a disinterested person utilizing a trustworthy
system. [1997 c 27 § 22; 1996 c 250 § 406.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.340 Certificate as acknowledgment—
Requirements—Exception—Responsibility of certification
authority. (1) Unless otherwise provided by law or contract, if so provided in the certificate issued by a licensed
certification authority, a digital signature verified by reference to the public key listed in a valid certificate issued by
a licensed certification authority satisfies the requirements
for an acknowledgment under RCW 42.44.010(4) and for
acknowledgment of deeds and other real property conveyances under RCW 64.04.020 if words of an express acknowledgment appear with the digital signature regardless of
whether the signer personally appeared before either the
certification authority or some other person authorized to
take acknowledgments of deeds, mortgages, or other conveyance instruments under RCW 64.08.010 when the digital
signature was created, if that digital signature is:
(a) Verifiable by that certificate; and
(b) Affixed when that certificate was valid.
(2) If the digital signature is used as an acknowledgment, then the certification authority is responsible to the
same extent as a notary up to the recommended reliance
limit for failure to satisfy the requirements for an acknowledgment. The certification authority may not disclaim or
limit, other than as provided in RCW 19.34.280, the effect
of this section. [1997 c 27 § 21; 1996 c 250 § 405.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.350 Adjudicating disputes—Presumptions. In
adjudicating a dispute involving a digital signature, it is
rebuttably presumed that:
(1) A certificate digitally signed by a licensed certification authority and either published in a recognized repository, or made available by the issuing certification authority or
by the subscriber listed in the certificate is issued by the
certification authority that digitally signed it and is accepted
by the subscriber listed in it.
(2) The information listed in a valid certificate and
confirmed by a licensed certification authority issuing the
certificate is accurate.
(2002 Ed.)
19.34.351 Alteration of chapter by agreement—
Exceptions. The effect of this chapter may be varied by
agreement, except:
(1) A person may not disclaim responsibility for lack of
good faith, but parties may by agreement determine the
standards by which the duty of good faith is to be measured
if the standards are not manifestly unreasonable; and
(2) As otherwise provided in this chapter. [1997 c 27
§ 34.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.360 Presumptions of validity/limitations on
liability—Conformance with chapter. The presumptions
of validity and reasonableness of conduct, and the limitations
on liability in this chapter do not apply to electronic records
or electronic signatures except for digital signatures created
in conformance with all of the requirements of this chapter
and rules adopted under this chapter. [1999 c 287 § 3.]
Effective date—1999 c 287: See note following RCW 19.34.010.
19.34.400
Recognition of repositories—
Application—Discontinuance—Procedure. (1) The
secretary must recognize one or more repositories, after
finding that a repository to be recognized:
(a) Is a licensed certification authority;
(b) Includes, or will include, a data base containing:
(i) Certificates published in the repository;
(ii) Notices of suspended or revoked certificates published by licensed certification authorities or other persons
suspending or revoking certificates; and
(iii) Other information adopted by rule by the secretary;
(c) Operates by means of a trustworthy system, that
may, under administrative rule of the secretary, include
additional or different attributes than those applicable to a
certification authority that does not operate as a recognized
repository;
(d) Contains no significant amount of information that
is known or likely to be untrue, inaccurate, or not reasonably
reliable;
[Title 19 RCW—page 97]
19.34.400
Title 19 RCW: Business Regulations—Miscellaneous
(e) Keeps a record of certificates that have been
suspended or revoked, or that have expired, in accordance
with requirements adopted by rule by the secretary; and
(f) Complies with other reasonable requirements adopted
by rule by the secretary.
(2) A repository may apply to the secretary for recognition by filing a written request and providing evidence to the
secretary sufficient for the secretary to find that the conditions for recognition are satisfied, in accordance with
requirements adopted by rule by the secretary.
(3) A repository may discontinue its recognition by
filing thirty days’ written notice with the secretary, upon
meeting any conditions for discontinuance adopted by rule
by the secretary. In addition the secretary may discontinue
recognition of a repository in accordance with the administrative procedure act, chapter 34.05 RCW, if the secretary
concludes that the repository no longer satisfies the conditions for recognition listed in this section or in rules adopted
by the secretary. [1999 c 287 § 16; 1997 c 27 § 23; 1996
c 250 § 501.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.410 Repositories—Liability—Exemptions—
Liquidation, limitation, alteration, or exclusion of damages. (1) Notwithstanding a disclaimer by the repository or a
contract to the contrary between the repository, a certification authority, or a subscriber, a repository is liable for a loss
incurred by a person reasonably relying on a digital signature
verified by the public key listed in a certificate that has been
suspended or revoked by the licensed certification authority
that issued the certificate, if loss was incurred more than one
business day after receipt by the repository of a request from
the issuing licensed certification authority to publish notice
of the suspension or revocation, and the repository had failed
to publish the notice when the person relied on the digital
signature.
(2) Unless waived, a recognized repository or the owner
or operator of a recognized repository is:
(a) Not liable for failure to record publication of a
suspension or revocation, unless the repository has received
notice of publication and one business day has elapsed since
the notice was received;
(b) Not liable under subsection (1) of this section in
excess of the amount specified in the certificate as the
recommended reliance limit;
(c) Not liable under subsection (1) of this section for:
(i) Punitive or exemplary damages; or
(ii) Damages for pain or suffering;
(d) Not liable for misrepresentation in a certificate published by a licensed certification authority;
(e) Not liable for accurately recording or reporting
information that a licensed certification authority, or court
clerk, or the secretary has published as required or permitted
in this chapter, including information about suspension or
revocation of a certificate;
(f) Not liable for reporting information about a certification authority, a certificate, or a subscriber, if the information is published as required or permitted in this chapter or
a rule adopted by the secretary, or is published by order of
[Title 19 RCW—page 98]
the secretary in the performance of the licensing and
regulatory duties of that office under this chapter.
(3) Consequential or incidental damages may be
liquidated, or may otherwise be limited, altered, or excluded
unless the limitation, alteration, or exclusion is unconscionable. A recognized repository may liquidate, limit,
alter, or exclude damages as provided in this subsection by
agreement, or by notifying any person who will rely on a
digital signature verified by the public key listed in a
suspended or revoked certificate of the liquidation, limitation, alteration, or exclusion before the person relies on the
certificate. [1999 c 287 § 17; 1997 c 27 § 33; 1996 c 250
§ 502.]
Effective date—1999 c 287: See note following RCW 19.34.010.
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.420 Confidentiality of certain records—
Limited access to state auditor. (1) The following information, when in the possession of the secretary, the department of information services, or the state auditor for purposes of this chapter, shall not be made available for public
disclosure, inspection, or copying, unless the request is made
under an order of a court of competent jurisdiction based
upon an express written finding that the need for the
information outweighs any reason for maintaining the
privacy and confidentiality of the information or records:
(a) A trade secret, as defined by RCW 19.108.010; and
(b) Information regarding design, security, or programming of a computer system used for purposes of licensing or
operating a certification authority or repository under this
chapter.
(2) The state auditor, or an authorized agent, must be
given access to all information referred to in subsection (1)
of this section for the purpose of conducting audits under
this chapter or under other law, but shall not make that
information available for public inspection or copying except
as provided in subsection (1) of this section. [1998 c 33 §
2.]
19.34.500 Rule making. The secretary of state may
adopt rules to implement this chapter beginning July 27,
1997, but the rules may not take effect until January 1, 1998.
[1997 c 27 § 24; 1996 c 250 § 603.]
Severability—1997 c 27: See note following RCW 19.34.030.
19.34.501 Chapter supersedes and preempts local
actions. This chapter supersedes and preempts all local laws
or ordinances regarding the same subject matter. [1997 c 27
§ 25.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.502 Criminal prosecution not precluded—
Remedies not exclusive—Injunctive relief availability.
This chapter does not preclude criminal prosecution under
other laws of this state, nor may any provision of this
chapter be regarded as an exclusive remedy for a violation.
Injunctive relief may not be denied to a party regarding
conduct governed by this chapter on the basis that the
(2002 Ed.)
Washington Electronic Authentication Act
conduct is also subject to potential criminal prosecution.
[1997 c 27 § 26.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.503 Jurisdiction, venue, choice of laws. Issues
regarding jurisdiction, venue, and choice of laws for all
actions involving digital signatures must be determined
according to the same principles as if all transactions had
been performed through paper documents. [1997 c 27 § 27.]
Effective date—Severability—1997 c 27: See notes following RCW
19.34.030.
19.34.900 Short title. This chapter shall be known
and may be cited as the Washington electronic authentication
act. [1996 c 250 § 101.]
19.34.901 Effective date—1996 c 250. (1) Sections
101 through 601, 604, and 605, chapter 250, Laws of 1996
take effect January 1, 1998.
(2) Sections 602 and 603, chapter 250, Laws of 1996
take effect July 27, 1997. [2000 c 171 § 52; 1997 c 27 §
28; 1996 c 250 § 602.]
Severability—1997 c 27: See note following RCW 19.34.030.
19.34.902 Severability—1996 c 250. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1996 c 250 § 604.]
19.34.903 Part headings and section captions not
law—1996 c 250. Part headings and section captions as
used in this act do not constitute any part of the law. [1996
c 250 § 605.]
Chapter 19.36
CONTRACTS AND CREDIT AGREEMENTS
REQUIRING WRITINGS
Sections
19.36.010
19.36.020
19.36.100
19.36.110
Contracts, etc., void unless in writing.
Deeds, etc., in trust for grantor void as to creditors.
"Credit agreement" defined.
Enforceability of credit agreements—Effect of oral agreements and partial performance.
Exempt agreements.
Notice required.
Notice—Form and contents.
Effective date—Application—1990 c 211.
for benefit of creditors: Chapter 7.08 RCW.
19.34.502
contract or promise, or some note or memorandum thereof,
be in writing, and signed by the party to be charged therewith, or by some person thereunto by him lawfully authorized, that is to say: (1) Every agreement that by its terms
is not to be performed in one year from the making thereof;
(2) every special promise to answer for the debt, default, or
misdoings of another person; (3) every agreement, promise
or undertaking made upon consideration of marriage, except
mutual promises to marry; (4) every special promise made
by an executor or administrator to answer damages out of his
own estate; (5) an agreement authorizing or employing an
agent or broker to sell or purchase real estate for compensation or a commission. [1905 c 58 § 1; RRS § 5825. Prior:
Code 1881 § 2325; 1863 p 412 § 2; 1860 p 298 § 2; 1854
p 403 § 2.]
19.36.020 Deeds, etc., in trust for grantor void as to
creditors. That all deeds of gift, all conveyances, and all
transfers or assignments, verbal or written, of goods, chattels
or things in action, made in trust for the use of the person
making the same, shall be void as against the existing or
subsequent creditors of such person. [Code 1881 § 2324;
RRS § 5824. Prior: 1863 p 412 § 1; 1860 p 298 § 1; 1854
p 403 § 1.]
19.36.100 "Credit agreement" defined. "Credit
agreement" means an agreement, promise, or commitment to
lend money, to otherwise extend credit, to forbear with
respect to the repayment of any debt or the exercise of any
remedy, to modify or amend the terms under which the
creditor has lent money or otherwise extended credit, to
release any guarantor or cosigner, or to make any other
financial accommodation pertaining to a debt or other
extension of credit. [2000 c 171 § 53; 1990 c 211 § 1.]
19.36.110 Enforceability of credit agreements—
Effect of oral agreements and partial performance. A
credit agreement is not enforceable against the creditor
unless the agreement is in writing and signed by the creditor.
The rights and obligations of the parties to a credit agreement shall be determined solely from the written agreement,
and any prior or contemporaneous oral agreements between
the parties are superseded by, merged into, and may not vary
the credit agreement. Partial performance of a credit
agreement does not remove the agreement from the operation
of this section. [1990 c 211 § 3.]
19.36.120
19.36.130
19.36.140
19.36.900
Assignment
Contracts
by telegraph: RCW 5.52.010.
of minors: Chapters 26.28 and 26.30 RCW.
Conveyances of real property: Chapter 64.04 RCW.
Fraudulent conveyances: Chapter 19.40 RCW.
Leases of real property: RCW 59.04.010.
19.36.120 Exempt agreements. RCW 19.36.100
through 19.36.140 and 19.36.900 shall not apply to: (1) A
promise, agreement, undertaking, document, or commitment
relating to a credit card or charge card; or (2) a loan of
money or extension of credit to a natural person that is
primarily for personal, family, or household purposes and not
primarily for investment, business, agricultural, or commercial purposes. [1990 c 211 § 2.]
19.36.010 Contracts, etc., void unless in writing. In
the following cases, specified in this section, any agreement,
contract and promise shall be void, unless such agreement,
19.36.130 Notice required. If a notice complying
with RCW 19.36.140, is not given simultaneously with or
before a credit agreement is made, RCW 19.36.100 through
19.36.140 and 19.36.900 shall not apply to the credit
agreement. Notice, once given to a debtor, shall be effective
(2002 Ed.)
[Title 19 RCW—page 99]
19.36.130
Title 19 RCW: Business Regulations—Miscellaneous
as to all subsequent credit agreements and effective against
the debtor, and its guarantors, successors, and assigns. [1990
c 211 § 4.]
19.36.140 Notice—Form and contents. The creditor
shall give notice to the other party on a separate document
or incorporated into one or more of the documents relating
to a credit agreement. The notice shall be in type that is
bold face, capitalized, underlined, or otherwise set out from
surrounding written materials so it is conspicuous. The
notice shall state substantially the following:
Oral agreements or oral commitments to loan money, extend credit, or to forbear from enforcing
repayment of a debt are not enforceable under
Washington law.
[1990 c 211 § 5.]
19.36.900 Effective date—Application—1990 c 211.
RCW 19.36.100 through 19.36.140 shall take effect July 1,
1990, and shall apply only to credit agreements entered into
on or after July 1, 1990. [1990 c 211 § 6.]
Chapter 19.40
UNIFORM FRAUDULENT TRANSFER ACT
Sections
19.40.011 Definitions.
19.40.021 Insolvency.
19.40.031 Value.
19.40.041 Transfers fraudulent as to present and future creditors.
19.40.051 Transfers fraudulent as to present creditors.
19.40.061 When transfer is made or obligation is incurred.
19.40.071 Remedies of creditors.
19.40.081 Defenses, liability, and protection of transferee.
19.40.091 Extinguishment of cause of action.
19.40.900 Short title.
19.40.901 Captions not law.
19.40.902 Supplementary provisions.
19.40.903 Uniformity of application and construction.
Assignment for benefit of creditors: Chapter 7.08 RCW.
Conveyances of property to qualify for public assistance: RCW 74.08.331
through 74.08.338.
Disposal of property to defraud creditors, etc.: RCW 9.45.080 through
9.45.100.
19.40.011 Definitions. As used in this chapter:
(1) "Affiliate" means:
(i) A person who directly or indirectly owns, controls,
or holds with power to vote, twenty percent or more of the
outstanding voting securities of the debtor, other than a
person who holds the securities;
(A) As a fiduciary or agent without sole discretionary
power to vote the securities; or
(B) Solely to secure a debt, if the person has not
exercised the power to vote;
(ii) A corporation twenty percent or more of whose
outstanding voting securities are directly or indirectly owned,
controlled, or held with power to vote, by the debtor or a
person who directly or indirectly owns, controls, or holds
with power to vote, twenty percent or more of the outstanding voting securities of the debtor, other than a person who
holds the securities:
[Title 19 RCW—page 100]
(A) As a fiduciary or agent without sole power to vote
the securities; or
(B) Solely to secure a debt, if the person has not in fact
exercised the power to vote;
(iii) A person whose business is operated by the debtor
under a lease or other agreement, or a person substantially
all of whose assets are controlled by the debtor; or
(iv) A person who operates the debtor’s business under
a lease or other agreement or controls substantially all of the
debtor’s assets.
(2) "Asset" means property of a debtor, but the term
does not include:
(i) Property to the extent it is encumbered by a valid
lien; or
(ii) Property to the extent it is generally exempt under
nonbankruptcy law.
(3) "Claim" means a right to payment, whether or not
the right is reduced to judgment, liquidated, unliquidated,
fixed, contingent, matured, unmatured, disputed, undisputed,
legal, equitable, secured, or unsecured.
(4) "Creditor" means a person who has a claim.
(5) "Debt" means liability on a claim.
(6) "Debtor" means a person who is liable on a claim.
(7) "Insider" includes:
(i) If the debtor is an individual:
(A) A relative of the debtor or of a general partner of
the debtor;
(B) A partnership in which the debtor is a general
partner;
(C) A general partner in a partnership described in
subsection (7)(i)(B) of this section; or
(D) A corporation of which the debtor is a director,
officer, or person in control;
(ii) If the debtor is a corporation:
(A) A director of the debtor;
(B) An officer of the debtor;
(C) A person in control of the debtor;
(D) A partnership in which the debtor is a general
partner;
(E) A general partner in a partnership described in
subsection (7)(ii)(D) of this section; or
(F) A relative of a general partner, director, officer, or
person in control of the debtor;
(iii) If the debtor is a partnership:
(A) A general partner in the debtor;
(B) A relative of a general partner in, or a general
partner of, or a person in control of the debtor;
(C) Another partnership in which the debtor is a general
partner;
(D) A general partner in a partnership described in
subsection (7)(iii)(C) of this section; or
(E) A person in control of the debtor;
(iv) An affiliate, or an insider of an affiliate as if the
affiliate were the debtor; and
(v) A managing agent of the debtor.
(8) "Lien" means a charge against or an interest in
property to secure payment of a debt or performance of an
obligation, and includes a security interest created by
agreement, a judicial lien obtained by legal or equitable
process or proceedings, a common-law lien, or a statutory
lien.
(2002 Ed.)
Uniform Fraudulent Transfer Act
(9) "Person" means an individual, partnership, corporation, association, organization, government or governmental
subdivision or agency, business trust, estate, trust, or any
other legal or commercial entity.
(10) "Property" means anything that may be the subject
of ownership.
(11) "Relative" means an individual related by consanguinity within the third degree as determined by the common
law, a spouse, or an individual related to a spouse within the
third degree as so determined, and includes an individual in
an adoptive relationship within the third degree.
(12) "Transfer" means every mode, direct or indirect,
absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and
includes payment of money, release, lease, and creation of
a lien or other encumbrance.
(13) "Valid lien" means a lien that is effective against
the holder of a judicial lien subsequently obtained by legal
or equitable process or proceedings. [1987 c 444 § 1.]
Effective date—1987 c 444: "This act shall take effect July 1, 1988."
[1987 c 444 § 16.]
19.40.021 Insolvency. (a) A debtor is insolvent if the
sum of the debtor’s debts is greater than all of the debtor’s
assets, at a fair valuation.
(b) A debtor who is generally not paying his or her
debts as they become due is presumed to be insolvent.
(c) A partnership is insolvent under subsection (a) of
this section if the sum of the partnership’s debts is greater
than the aggregate of all of the partnership’s assets, at a fair
valuation, and the sum of the excess of the value of each
general partner’s nonpartnership assets over the partner’s
nonpartnership debts.
(d) Assets under this section do not include property
that has been transferred, concealed, or removed with intent
to hinder, delay, or defraud creditors or that has been
transferred in a manner making the transfer voidable under
this chapter.
(e) Debts under this section do not include an obligation
to the extent it is secured by a valid lien on property of the
debtor not included as an asset. [1987 c 444 § 2.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.011
19.40.041 Transfers fraudulent as to present and
future creditors. (a) A transfer made or obligation incurred
by a debtor is fraudulent as to a creditor, whether the
creditor’s claim arose before or after the transfer was made
or the obligation was incurred, if the debtor made the
transfer or incurred the obligation:
(1) With actual intent to hinder, delay, or defraud any
creditor of the debtor; or
(2) Without receiving a reasonably equivalent value in
exchange for the transfer or obligation, and the debtor:
(i) Was engaged or was about to engage in a business
or a transaction for which the remaining assets of the debtor
were unreasonably small in relation to the business or
transaction; or
(ii) Intended to incur, or believed or reasonably should
have believed that he or she would incur, debts beyond his
or her ability to pay as they became due.
(b) In determining actual intent under subsection (a)(1)
of this section, consideration may be given, among other
factors, to whether:
(1) The transfer or obligation was to an insider;
(2) The debtor retained possession or control of the
property transferred after the transfer;
(3) The transfer or obligation was disclosed or concealed;
(4) Before the transfer was made or obligation was
incurred, the debtor had been sued or threatened with suit;
(5) The transfer was of substantially all the debtor’s
assets;
(6) The debtor absconded;
(7) The debtor removed or concealed assets;
(8) The value of the consideration received by the
debtor was reasonably equivalent to the value of the asset
transferred or the amount of the obligation incurred;
(9) The debtor was insolvent or became insolvent
shortly after the transfer was made or the obligation was
incurred;
(10) The transfer occurred shortly before or shortly after
a substantial debt was incurred; and
(11) The debtor transferred the essential assets of the
business to a lienor who transferred the assets to an insider
of the debtor. [1987 c 444 § 4.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.031 Value. (a) Value is given for a transfer or
an obligation if, in exchange for the transfer or obligation,
property is transferred or an antecedent debt is secured or
satisfied, but value does not include an unperformed promise
made otherwise than in the ordinary course of the promisor’s
business to furnish support to the debtor or another person.
(b) For the purposes of RCW 19.40.041(a)(2) and
19.40.051, a person gives a reasonably equivalent value if
the person acquires an interest of the debtor in an asset
pursuant to a regularly conducted, noncollusive foreclosure
sale or execution of a power of sale for the acquisition or
disposition of the interest of the debtor upon default under
a mortgage, deed of trust, or security agreement.
(c) A transfer is made for present value if the exchange
between the debtor and the transferee is intended by them to
be contemporaneous and is in fact substantially contemporaneous. [1987 c 444 § 3.]
19.40.051 Transfers fraudulent as to present
creditors. (a) A transfer made or obligation incurred by a
debtor is fraudulent as to a creditor whose claim arose before
the transfer was made or the obligation was incurred if the
debtor made the transfer or incurred the obligation without
receiving a reasonably equivalent value in exchange for the
transfer or obligation and the debtor was insolvent at that
time or the debtor became insolvent as a result of the
transfer or obligation.
(b) A transfer made by a debtor is fraudulent as to a
creditor whose claim arose before the transfer was made if
the transfer was made to an insider for an antecedent debt,
the debtor was insolvent at that time, and the insider had
reasonable cause to believe that the debtor was insolvent.
[1987 c 444 § 5.]
Effective date—1987 c 444: See note following RCW 19.40.011.
Effective date—1987 c 444: See note following RCW 19.40.011.
(2002 Ed.)
[Title 19 RCW—page 101]
19.40.061
Title 19 RCW: Business Regulations—Miscellaneous
19.40.061 When transfer is made or obligation is
incurred. For the purposes of this chapter:
(1) A transfer is made:
(i) With respect to an asset that is real property other
than a fixture, but including the interest of a seller or
purchaser under a contract for the sale of the asset, when the
transfer is so far perfected that a good-faith purchaser of the
asset from the debtor against whom applicable law permits
the transfer to be perfected cannot acquire an interest in the
asset that is superior to the interest of the transferee; and
(ii) With respect to an asset that is not real property or
that is a fixture, when the transfer is so far perfected that a
creditor on a simple contract cannot acquire a judicial lien
otherwise than under this chapter that is superior to the
interest of the transferee;
(2) If applicable law permits the transfer to be perfected
as provided in subsection (1) of this section and the transfer
is not so perfected before the commencement of an action
for relief under this chapter, the transfer is deemed made
immediately before the commencement of the action;
(3) If applicable law does not permit the transfer to be
perfected as provided in subsection (1) of this section, the
transfer is made when it becomes effective between the
debtor and the transferee;
(4) A transfer is not made until the debtor has acquired
rights in the asset transferred;
(5) An obligation is incurred:
(i) If oral, when it becomes effective between the
parties; or
(ii) If evidenced by a writing, when the writing executed
by the obligor is delivered to or for the benefit of the
obligee. [1987 c 444 § 6.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.071 Remedies of creditors. (a) In an action for
relief against a transfer or obligation under this chapter, a
creditor, subject to the limitations in RCW 19.40.081, may
obtain:
(1) Avoidance of the transfer or obligation to the extent
necessary to satisfy the creditor’s claim;
(2) An attachment or other provisional remedy against
the asset transferred or other property of the transferee in
accordance with the procedure prescribed by chapter 6.25
RCW;
(3) Subject to applicable principles of equity and in
accordance with applicable rules of civil procedure:
(i) An injunction against further disposition by the
debtor or a transferee, or both, of the asset transferred or of
other property;
(ii) Appointment of a receiver to take charge of the
asset transferred or of other property of the transferee; or
(iii) Any other relief the circumstances may require.
(b) If a creditor has obtained a judgment on a claim
against the debtor, the creditor, if the court so orders, may
levy execution on the asset transferred or its proceeds.
[2000 c 171 § 54; 1987 c 444 § 7.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.081 Defenses, liability, and protection of
transferee. (a) A transfer or obligation is not voidable
under RCW 19.40.041(a)(1) against a person who took in
[Title 19 RCW—page 102]
good faith and for a reasonably equivalent value or against
any subsequent transferee or obligee.
(b) Except as otherwise provided in this section, to the
extent a transfer is voidable in an action by a creditor under
RCW 19.40.071(a)(1), the creditor may recover judgment for
the value of the asset transferred, as adjusted under subsection (c) of this section, or the amount necessary to satisfy the
creditor’s claim, whichever is less. The judgment may be
entered against:
(1) The first transferee of the asset or the person for
whose benefit the transfer was made; or
(2) Any subsequent transferee other than a good-faith
transferee or obligee who took for value or from any
subsequent transferee or obligee.
(c) If the judgment under subsection (b) of this section
is based upon the value of the asset transferred, the judgment
must be for an amount equal to the value of the asset at the
time of the transfer, subject to adjustment as the equities
may require.
(d) Notwithstanding voidability of a transfer or an
obligation under this chapter, a good-faith transferee or
obligee is entitled, to the extent of the value given the debtor
for the transfer or obligation, to:
(1) A lien on or a right to retain any interest in the asset
transferred;
(2) Enforcement of any obligation incurred; or
(3) A reduction in the amount of the liability on the
judgment.
(e) A transfer is not voidable under RCW
19.40.041(a)(2) or 19.40.051 if the transfer results from:
(1) Termination of a lease upon default by the debtor
when the termination is pursuant to the lease and applicable
law; or
(2) Enforcement of a security interest in compliance
with Article 9A of Title 62A RCW.
(f) A transfer is not voidable under RCW 19.40.051(b):
(1) To the extent the insider gave new value to or for
the benefit of the debtor after the transfer was made unless
the new value was secured by a valid lien;
(2) If made in the ordinary course of business or
financial affairs of the debtor and the insider; or
(3) If made pursuant to a good-faith effort to rehabilitate
the debtor and the transfer secured present value given for
that purpose as well as an antecedent debt of the debtor.
[2001 c 32 § 1; 1987 c 444 § 8.]
Effective date—2001 c 32: See note following RCW 62A.9A-102.
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.091 Extinguishment of cause of action. A
cause of action with respect to a fraudulent transfer or
obligation under this chapter is extinguished unless action is
brought:
(a) Under RCW 19.40.041(a)(1), within four years after
the transfer was made or the obligation was incurred or, if
later, within one year after the transfer or obligation was or
could reasonably have been discovered by the claimant;
(b) Under RCW 19.40.041(a)(2) or 19.40.051(a), within
four years after the transfer was made or the obligation was
incurred; or
(2002 Ed.)
Uniform Fraudulent Transfer Act
(c) Under RCW 19.40.051(b), within one year after the
transfer was made or the obligation was incurred. [1987 c
444 § 9.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.091
6860. FORMER PART OF SECTION: 1933 c 114 § 1,
part; 1929 c 216 § 2, part; 1915 c 190 § 3, part; 1890 p 95
§ 1, part; RRS § 6862, part, now codified in RCW
19.48.030.]
Guest defined: RCW 60.64.010.
19.40.900 Short title. This chapter may be cited as
the uniform fraudulent transfer act. [1987 c 444 § 12.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.901 Captions not law. Section headings as
used in this chapter do not constitute any part of the law.
[1987 c 444 § 13.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.902 Supplementary provisions. Unless
displaced by the provisions of this chapter, the principles of
law and equity, including the law merchant and the law
relating to principal and agent, estoppel, laches, fraud,
misrepresentation, duress, coercion, mistake, insolvency, or
other validating or invalidating cause, supplement its
provisions. [1987 c 444 § 10.]
Effective date—1987 c 444: See note following RCW 19.40.011.
19.40.903 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among states enacting it. [1987
c 444 § 11.]
Effective date—1987 c 444: See note following RCW 19.40.011.
Chapter 19.48
HOTELS, LODGING HOUSES, ETC.—
RESTAURANTS
Sections
19.48.010
19.48.020
19.48.030
Definitions.
Record of guests—Hotels and trailer camps.
Liability for loss of valuables when safe or vault furnished—Limitation.
19.48.070 Liability for loss of baggage and other property—
Limitation—Storage—Disposal.
19.48.110 Obtaining hotel, restaurant, lodging house, ski area, etc.,
accommodations by fraud—Penalty.
19.48.900 Severability—1929 c 216.
Alcoholic beverage control: Title 66 RCW.
Discrimination: Chapter 49.60 RCW, RCW 9.91.010.
Hotel and restaurant safety regulations: Chapter 70.62 RCW.
Lien of hotels and lodging and boarding houses: Chapter 60.64 RCW.
19.48.010 Definitions. Any building held out to the
public to be an inn, hotel or public lodging house or place
where sleeping accommodations, whether with or without
meals, or the facilities for preparing the same, are furnished
for hire to transient guests, in which three or more rooms are
used for the accommodation of such guests, shall for the
purposes of this chapter and chapter 60.64 RCW, or any
amendment thereof, only, be defined to be a hotel, and
whenever the word hotel shall occur in this chapter and
chapter 60.64 RCW, or any amendment thereof, it shall be
construed to mean a hotel as herein described. [1999 c 95
§ 1; 1929 c 216 § 1; 1915 c 190 § 1; 1909 c 29 § 1; RRS §
(2002 Ed.)
19.48.020 Record of guests—Hotels and trailer
camps. Every hotel and trailer camp shall keep a record of
the arrival and departure of its guests in such a manner that
the record will be a permanent one for at least one year from
the date of departure: PROVIDED, That this requirement
shall not apply with respect to guests of tenants in mobile
home parks, as defined in RCW 59.20.030. [1979 ex.s. c
186 § 14; 1955 c 138 § 1; 1915 c 190 § 2; RRS § 6861.]
Severability—1979 ex.s. c 186: See note following RCW 59.20.030.
19.48.030 Liability for loss of valuables when safe
or vault furnished—Limitation. Whenever the proprietor,
keeper, owner, operator, lessee, or manager of any hotel,
lodging house or inn shall provide a safe or vault for the
safekeeping of any money, bank notes, jewelry, precious
stones, ornaments, railroad mileage books or tickets, negotiable securities or other valuable papers, bullion, or other
valuable property of small compass belonging to the guests,
boarders or lodgers of such hotel, lodging house or inn, and
shall notify the guests, boarders or lodgers thereof by posting
a notice in three or more public and conspicuous places in
the office, elevators, public rooms, elevator lobbies, public
corridors, halls or entrances, or in the public parlors of such
hotel, lodging house or inn, stating the fact that such safe or
vault is provided in which such property may be deposited;
and if such guests, boarders or lodgers shall neglect to
deliver such property to the person in charge of such office,
for deposit in the safe or vault, the proprietor, keeper, owner,
operator, lessee or manager, whether individual, partnership
or corporation, of such hotel, lodging house or inn shall not
be liable for any loss or destruction of any such property, or
any damage thereto, sustained by such guests, boarders or
lodgers, by negligence of such proprietor, keeper, owner,
operator, lessee or manager, or his, her, their or its employees, or by fire, theft, burglary, or any other cause whatsoever; but no proprietor, keeper, owner, operator, lessee or
manager of any hotel, lodging house or inn, shall be obliged
to receive property on deposit for safekeeping exceeding one
thousand dollars in value; and if such guests, boarders or
lodgers shall deliver such property to the person in charge of
said office for deposit in such safe or vault, said proprietor,
keeper, owner, operator, lessee, or manager, shall not be
liable for the loss or destruction thereof, or damage thereto,
sustained by such guests, boarders or lodgers in any such
hotel, lodging house, or inn, exceeding the sum of one
thousand dollars, notwithstanding said property may be of
greater value, unless by special arrangement in writing with
such proprietor, keeper, owner, operator, lessee or manager:
PROVIDED, HOWEVER, That in case of such deposit of
such property, the proprietor, keeper, owner, operator, lessee
or manager of such hotel, lodging house, or inn, shall in no
event be liable for loss or destruction thereof, or damage
thereto, unless caused by the theft or gross negligence of
such proprietor, keeper, owner, operator, lessee, or manager,
of his, her, their, or its agents, servants or employees. [1933
[Title 19 RCW—page 103]
19.48.030
Title 19 RCW: Business Regulations—Miscellaneous
c 114 § 1; 1929 c 216 § 2; 1915 c 190 § 3; 1890 p 95 § 1;
RRS § 6862. Formerly RCW 19.48.010, part, 19.48.030
through 19.48.060.]
19.48.070 Liability for loss of baggage and other
property—Limitation—Storage—Disposal. Except as
provided for in RCW 19.48.030, the proprietor, keeper,
owner, operator, lessee or manager, whether individual,
partnership or corporation, of a hotel, lodging house, or inn,
shall not be liable for the loss or destruction of, or damage
to any personal property brought or sent into such hotel,
lodging house, or inn, by or for any of the guests, boarders
or lodgers thereof, unless such loss, destruction or damage
is occasioned by the gross negligence of such proprietor,
keeper, owner, operator, lessee or manager, or his, her, their,
or its agents, servants or employees; but in no event shall
such liability exceed the sum of two hundred dollars, unless
such proprietor, keeper, owner, operator, lessee, or manager,
shall have contracted in writing with such guest, boarder, or
lodger to assume a greater liability: PROVIDED, HOWEVER, That in no event shall liability of the proprietor, keeper,
owner, operator, lessee or manager, or his, her, their, or its
agents, servants or employees, of a hotel, lodging house, or
inn exceed the following: For a guest, boarder or lodger,
paying twenty-five cents per day, for lodging, or for any
person who is not a guest, boarder or lodger, the liability for
loss, destruction or damage, shall not exceed the sum of fifty
dollars for a trunk and contents, ten dollars for a suitcase or
valise and contents, five dollars for a box, bundle or package, and ten dollars for wearing apparel or miscellaneous
effects. For a guest, boarder or lodger, paying fifty cents a
day for lodging, the liability for loss, destruction or damage
shall not exceed seventy-five dollars for a trunk and contents, twenty dollars for a suitcase or valise and contents, ten
dollars for a box, bundle or package and contents, and
twenty dollars for wearing apparel and miscellaneous effects.
For a guest, boarder or lodger paying more than fifty cents
per day for lodging, the liability for loss, destruction or
damage shall not exceed one hundred fifty dollars for a trunk
and contents, fifty dollars for a suitcase or valise and
contents, ten dollars for a box, bundle or package and
contents, and fifty dollars for wearing apparel and miscellaneous effects, unless in such case such proprietor, keeper,
owner, operator, lessee, or manager of such hotel, lodging
house, or inn, shall have consented in writing to assume a
greater liability: AND PROVIDED FURTHER, Whenever
any person shall suffer his baggage or property to remain in
any hotel, lodging house, or inn, after leaving the same as a
guest, boarder or lodger, and after the relation of guest,
boarder or lodger between such person and the proprietor,
keeper, owner, operator, lessee, or manager of such hotel,
lodging house, or inn, has ceased, or shall forward or deliver
the same to such hotel, lodging house, or inn, before, or
without, becoming a guest, boarder, or lodger thereof, and
the same shall be received into such hotel, lodging house, or
inn, the liability of such proprietor, keeper, owner, operator,
lessee, or manager thereof shall in no event exceed the sum
of one hundred dollars, and such proprietor, keeper, owner,
operator, lessee, or manager, may at his, her, their or its
option, hold such baggage or property at the risk of such
owner thereof; and when any baggage or property has been
[Title 19 RCW—page 104]
kept or stored by such hotel, lodging house, or inn, for six
months after such relation of guest, boarder or lodger has
ceased, or when such relation does not exist, after six
months from the receipt of such baggage or property in such
hotel, lodging house, or inn, such proprietor, keeper, owner,
operator, lessee, or manager, may, if he, she, they or it so
desires, sell the same at public auction in the manner now or
hereinafter provided by law for the sale of property to satisfy
a hotel keeper’s lien, and from the proceeds of such sale pay
or reimburse himself the expenses incurred for advertisement
and sale, as well as any storage that may have accrued, and
any other amounts owing by such person to said hotel,
lodging house, or inn: PROVIDED, That when any such
baggage or property is received, kept or stored therein after
such relation does not exist, such proprietor, keeper, owner,
operator, lessee, or manager, may, if he, she, or it, so
desires, deliver the same at any time to a storage or warehouse company for storage, and in such event all responsibility or liability of such hotel, lodging house, or inn, for such
baggage or property, or for storage charges thereon, shall
thereupon cease and terminate. [1929 c 216 § 3; 1917 c 57
§ 1; 1915 c 190 § 4; RRS § 6863. Formerly RCW
19.48.070 through 19.48.100.]
19.48.110 Obtaining hotel, restaurant, lodging
house, ski area, etc., accommodations by fraud—Penalty.
Any person who shall wilfully obtain food, money, credit,
use of ski area facilities, lodging or accommodation at any
hotel, inn, restaurant, commercial ski area, boarding house or
lodging house, without paying therefor, with intent to
defraud the proprietor, owner, operator or keeper thereof; or
who obtains food, money, credit, use of ski area facilities,
lodging or accommodation at such hotel, inn, restaurant,
commercial ski area, boarding house or lodging house, by
the use of any false pretense; or who, after obtaining food,
money, credit, use of ski area facilities, lodging, or accommodation at such hotel, inn, restaurant, commercial ski area,
boarding house, or lodging house, removes or causes to be
removed from such hotel, inn, restaurant, commercial ski
area, boarding house or lodging house, his or her baggage,
without the permission or consent of the proprietor, manager
or authorized employee thereof, before paying for such food,
money, credit, use of ski area facilities, lodging or accommodation, shall be guilty of a gross misdemeanor: PROVIDED, That if the aggregate amount of food, money, use
of ski area facilities, lodging or accommodation, or credit so
obtained is seventy-five dollars or more such person shall be
guilty of a felony. Proof that food, money, credit, use of ski
area facilities, lodging or accommodation were obtained by
false pretense or by false or fictitious show or pretense of
any baggage or other property, or that the person refused or
neglected to pay for such food, money, credit, use of ski
area facilities, lodging or accommodation on demand, or that
he or she gave in payment for such food, money, credit, use
of ski area facilities, lodging or accommodation, negotiable
paper on which payment was refused, or that he or she
absconded, or departed from, or left, the premises without
paying for such food, money, credit, use of ski area facilities, lodging or accommodation, or that he or she removed,
or attempted to remove, or caused to be removed, or caused
to be attempted to be removed his or her property or
(2002 Ed.)
Hotels, Lodging Houses, Etc.—Restaurants
baggage, shall be prima facie evidence of the fraudulent
intent hereinbefore mentioned. [1985 c 129 § 2; 1974 ex.s.
c 21 § 1; 1929 c 216 § 6; 1915 c 190 § 7; 1890 p 96 § 2;
RRS § 6866. Formerly RCW 19.48.110, 19.48.120.]
Legislative findings—1985 c 129: "The legislature finds that
commercial ski areas, which contribute significantly to the economic wellbeing of the state, suffer substantial financial losses from the fraudulent use
of their facilities by persons who obtain services without paying for them.
It is therefore the intent of the legislature that the law that protects hotels,
inns, and restaurants from such fraud be extended to also protect commercial ski areas." [1985 c 129 § 1.]
Leaving restaurant or hotel or motel without paying: RCW 4.24.230.
19.48.900 Severability—1929 c 216. In the event that
any section or any part of any section of this act, or this act
as it applies to any persons or under any circumstances,
should be adjudged invalid, such adjudication shall not affect
or impair the validity of the remainder of this act, or the act
as it applies to other persons, and under other circumstances.
[1929 c 216 § 7.]
Chapter 19.52
INTEREST—USURY
Sections
19.52.005
19.52.010
19.52.020
19.52.025
19.52.030
19.52.032
19.52.034
19.52.036
19.52.060
19.52.080
19.52.090
19.52.100
19.52.110
19.52.115
19.52.120
19.52.130
19.52.140
19.52.150
19.52.160
19.52.170
Declaration of policy.
Rate in absence of agreement—Application to consumer
leases.
Highest rate permissible—Setup charges.
Highest rate permissible—Computation—Publication in the
Washington State Register.
Usury—Penalty upon suit on contract—Costs and attorneys’
fees.
Declaratory judgment action to establish usury—Time limitations for commencing.
Application of chapter 19.52 RCW to loan or forbearance
made outside state.
Application of consumer protection act.
Interest on charges in excess of published rates.
Defense of usury or maintaining action thereon prohibited if
transaction primarily agricultural, commercial, investment, or business—Exception.
Defense of usury or maintaining action thereon prohibited
for certain types of transactions after May 1, 1980, and
prior to March 1, 1981.
Chapter not applicable to retail installment transactions.
Limitations in chapter not applicable to interest charged by
broker-dealers—When.
Lender credit card agreements subject to provisions of chapter 19.52 RCW.
Sales contract providing for deferred payment of purchase
price not subject to chapter.
Charge made by assignee of retail installment contract or
charge agreement to seller-assignor not limited by chapter—No agreement between credit card issuing bank and
retailer shall prohibit discounts for cash payment.
Chapter not applicable to interest, penalties, or costs on
delinquent property taxes.
Defense or action of usury not applicable to consumer leases.
Chapter not applicable to mobile homes.
Chapter not applicable to certain loans from tax-qualified
retirement plan.
Application—Construction—1981 c 78.
19.52.900
Interest
rates on pledged property: RCW 19.60.060.
rates on warrants: Chapter 39.56 RCW.
Retail installment sales of goods and services: Chapter 63.14 RCW.
(2002 Ed.)
19.48.110
19.52.005 Declaration of policy. RCW 19.52.005,
19.52.020, 19.52.030, 19.52.032, 19.52.034, and 19.52.036
are enacted in order to protect the residents of this state from
debts bearing burdensome interest rates; and in order to
better effect the policy of this state to use this state’s policies
and courts to govern the affairs of our residents and the
state; and in recognition of the duty to protect our citizens
from oppression generally. [1967 ex.s. c 23 § 2.]
Severability—1967 ex.s. c 23: "If any provision of this chapter is
declared unconstitutional, or the applicability thereof to any person or
circumstance is held invalid, the constitutionality of the remainder of the
chapter and the applicability thereof to other persons and circumstances
shall not be affected thereby." [1967 ex.s. c 23 § 8.]
Savings—1967 ex.s. c 23: "The provisions of this 1967 amendatory
act shall not apply to transactions entered into prior to the effective date
hereof." [1967 ex.s. c 23 § 9.]
19.52.010 Rate in absence of agreement—
Application to consumer leases. (1) Every loan or forbearance of money, goods, or thing in action shall bear interest
at the rate of twelve percent per annum where no different
rate is agreed to in writing between the parties: PROVIDED, That with regard to any transaction heretofore or
hereafter entered into subject to this section, if an agreement
in writing between the parties evidencing such transaction
provides for the payment of money at the end of an agreed
period of time or in installments over an agreed period of
time, then such agreement shall constitute a writing for
purposes of this section and satisfy the requirements thereof.
The discounting of commercial paper, where the borrower
makes himself liable as maker, guarantor, or indorser, shall
be considered as a loan for the purposes of this chapter.
(2) A lease shall not be considered a loan or forbearance
for the purposes of this chapter if:
(a) It constitutes a "consumer lease" as defined in RCW
63.10.020;
(b) It constitutes a lease-purchase agreement under
chapter 63.19 RCW; or
(c) It would constitute such "consumer lease" but for the
fact that:
(i) The lessee was not a natural person;
(ii) The lease was not primarily for personal, family, or
household purposes; or
(iii) The total contractual obligation exceeded twentyfive thousand dollars. [1992 c 134 § 13. Prior: 1983 c 309
§ 1; 1983 c 158 § 6; 1981 c 80 § 1; 1899 c 80 § 1; RRS §
7299; prior: 1895 c 136 § 1; 1893 c 20 § 1; Code 1881 §
2368; 1863 p 433 § 1; 1854 p 380 § 1.]
Short title—Severability—1992 c 134: See RCW 63.19.900 and
63.19.901.
Severability—1983 c 158: See RCW 63.10.900.
19.52.020 Highest rate permissible—Setup charges.
(1) Any rate of interest shall be legal so long as the rate of
interest does not exceed the higher of: (a) Twelve percent
per annum; or (b) four percentage points above the equivalent coupon issue yield (as published by the Board of
Governors of the Federal Reserve System) of the average bill
rate for twenty-six week treasury bills as determined at the
first bill market auction conducted during the calendar month
immediately preceding the later of (i) the establishment of
the interest rate by written agreement of the parties to the
[Title 19 RCW—page 105]
19.52.020
Title 19 RCW: Business Regulations—Miscellaneous
contract, or (ii) any adjustment in the interest rate in the case
of a written agreement permitting an adjustment in the
interest rate. No person shall directly or indirectly take or
receive in money, goods, or things in action, or in any other
way, any greater interest for the loan or forbearance of any
money, goods, or things in action.
(2)(a) In any loan of money in which the funds advanced do not exceed the sum of five hundred dollars, a
setup charge may be charged and collected by the lender,
and such setup charge shall not be considered interest
hereunder.
(b) The setup charge shall not exceed four percent of
the amount of funds advanced, or fifteen dollars, whichever
is the lesser, except that on loans of under one hundred
dollars a minimum not exceeding four dollars may be so
charged.
(3) Any loan made pursuant to a commitment to lend at
an interest rate permitted at the time the commitment is
made shall not be usurious. Credit extended pursuant to an
open-end credit agreement upon which interest is computed
on the basis of a balance or balances outstanding during a
billing cycle shall not be usurious if on any one day during
the billing cycle the rate at which interest is charged for the
billing cycle is not usurious. [1989 c 14 § 3; 1985 c 224 §
1; 1981 c 78 § 1; 1967 ex.s. c 23 § 4; 1899 c 80 § 2; RRS
§ 7300. Prior: 1895 c 136 § 2; 1893 c 20 § 3; Code 1881
§ 2369; 1863 p 433 § 2; 1854 p 380 § 2.]
Effective date—1985 c 224: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 224 § 2.]
Severability—1981 c 78: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 78 § 7.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
Interest on judgments: RCW 4.56.110.
19.52.025 Highest rate permissible—Computation—
Publication in the Washington State Register. Each
month the state treasurer shall compute the highest rate of
interest permissible under RCW 19.52.020(1) for the
succeeding calendar month. The treasurer shall file this rate
with the state code reviser for publication in the next
available issue of the Washington State Register in compliance with RCW 34.08.020(8). [1986 c 60 § 1.]
19.52.030 Usury—Penalty upon suit on contract—
Costs and attorneys’ fees. (1) If a greater rate of interest
than is allowed by statute shall be contracted for or received
or reserved, the contract shall be usurious, but shall not,
therefore, be void. If in any action on such contract proof
be made that greater rate of interest has been directly or
indirectly contracted for or taken or reserved, the creditor
shall only be entitled to the principal, less the amount of
interest accruing thereon at the rate contracted for; and if
interest shall have been paid, the creditor shall only be
entitled to the principal less twice the amount of the interest
paid, and less the amount of all accrued and unpaid interest;
and the debtor shall be entitled to costs and reasonable
attorneys’ fees plus the amount by which the amount the
[Title 19 RCW—page 106]
debtor has paid under the contract exceeds the amount to
which the creditor is entitled: PROVIDED, That the debtor
may not commence an action on the contract to apply the
provisions of this section if a loan or forbearance is made to
a corporation engaged in a trade or business for the purposes
of carrying on said trade or business unless there is also, in
connection with such loan or forbearance, the creation of
liability on the part of a natural person or that person’s
property for an amount in excess of the principal plus
interest allowed pursuant to RCW 19.52.020. The reduction
in principal shall be applied to diminish pro rata each future
installment of principal payable under the terms of the
contract.
(2) The acts and dealings of an agent in loaning money
shall bind the principal, and in all cases where there is
usurious interest contracted for by the transaction of any
agent the principal shall be held thereby to the same extent
as though the principal had acted in person. Where the same
person acts as agent of the borrower and lender, that person
shall be deemed the agent of the lender for the purposes of
this chapter. If the agent of both the borrower and lender,
or of the lender only, transacts a usurious loan for a commission or fee, such agent shall be liable to the principal for the
amount of the commission or fee received or reserved by the
agent, and liable to the lender for the loss suffered by the
lender as a result of the application of this chapter. [1989 c
14 § 7; 1967 ex.s. c 23 § 5; 1899 c 80 § 7; RRS § 7304.
Prior: 1895 c 136 § 5; 1893 c 20 § 3. Formerly RCW
19.52.030 through 19.52.050.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.032 Declaratory judgment action to establish
usury—Time limitations for commencing. The debtor, if
a natural person, or the creditor may bring an action for
declaratory judgment to establish whether a loan or forbearance contract is or was usurious, and such an action shall be
considered an action on the contract for the purposes of
applying the provisions of RCW 19.52.030. Such an action
shall be brought against the current creditor or debtor on the
contract or, if the loan or debt has been fully repaid, by the
debtor against the creditor to whom the debtor was last
indebted on the contract. No such an action shall be
commenced after six months following the date the final
payment becomes due, whether by acceleration or otherwise,
nor after six months following the date the principal is fully
paid, whichever first occurs. If the debtor commences such
an action and fails to establish usury, and if the court finds
the action was frivolously commenced, the defendant or
defendants may, in the court’s discretion, recover reasonable
attorney’s fees from the debtor. [1967 ex.s. c 23 § 6.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.034 Application of chapter 19.52 RCW to
loan or forbearance made outside state. Whenever a loan
or forbearance is made outside Washington state to a person
then residing in this state the usury laws found in chapter
19.52 RCW, as now or hereafter amended, shall be applicable in all courts of this state to the same extent such usury
(2002 Ed.)
Interest—Usury
19.52.034
laws would be applicable if the loan or forbearance was
made in this state. [1967 ex.s. c 23 § 3.]
whether or not it is construed to be a loan or forbearance of
any money, goods, or things in action. [1981 c 78 § 3.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.036 Application of consumer protection act.
Entering into or transacting a usurious contract is hereby
declared to be an unfair act or practice in the conduct of
commerce for the purpose of the application of the consumer
protection act found in chapter 19.86 RCW. [1967 ex.s. c
23 § 7.]
Severability—Savings—1967 ex.s. c 23: See notes following RCW
19.52.005.
19.52.060 Interest on charges in excess of published
rates. Any corporation, partnership or individual who
furnishes the public any goods, wares, merchandise, pledge,
security, insurance or transportation of which the price, rate
or tariff is by law required to be published, shall, when any
price, rate or tariff is charged in excess of the existing and
established price, rate or tariff, refund to the person, partnership or corporation so overcharge, or to the assignee of such
claim, the amount of such overcharge, and on failure so to
do, the claim for such overcharge shall bear interest at the
rate of eight percent per annum until paid. [1907 c 187 § 1;
RRS § 5841.]
19.52.080 Defense of usury or maintaining action
thereon prohibited if transaction primarily agricultural,
commercial, investment, or business—Exception. Profit
and nonprofit corporations, Massachusetts trusts, associations, trusts, general partnerships, joint ventures, limited
partnerships, and governments and governmental subdivisions, agencies, or instrumentalities may not plead the
defense of usury nor maintain any action thereon or therefor,
and persons may not plead the defense of usury nor maintain
any action thereon or therefor if the transaction was primarily for agricultural, commercial, investment, or business purposes: PROVIDED, HOWEVER, That this section shall not
apply to a consumer transaction of any amount.
Consumer transactions, as used in this section, shall
mean transactions primarily for personal, family, or household purposes. [1981 c 78 § 2; 1975 1st ex.s. c 180 § 1;
1970 ex.s. c 97 § 2; 1969 ex.s. c 142 § 1.]
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.090 Defense of usury or maintaining action
thereon prohibited for certain types of transactions after
May 1, 1980, and prior to March 1, 1981. No person may
plead the defense of usury or maintain any action thereon or
therefor for the interest charged on the unpaid balance of a
contract for the sale and purchase of personal property which
was not purchased primarily for personal, family or household use or real property if the purchase was made after May
1, 1980 and prior to March 1, 1981. [1981 c 78 § 9.]
Severability—1981 c 78: See note following RCW 19.52.020.
19.52.100 Chapter not applicable to retail installment transactions. This chapter shall not apply to a retail
installment transaction, as defined by RCW 63.14.010,
(2002 Ed.)
19.52.110 Limitations in chapter not applicable to
interest charged by broker-dealers—When. The interest
charged by any broker-dealer registered under chapter 21.20
RCW and under the federal securities and exchange act of
1934, as amended, shall not be subject to the limitations
imposed by this chapter if the underlying loans (1) may be
paid in full at the option of the borrower and (2) are subject
to the credit regulations of the board of governors of the
federal reserve system, or its successor. [1981 c 79 § 1.]
19.52.115 Lender credit card agreements subject to
provisions of chapter 19.52 RCW. See RCW 63.14.165.
19.52.120 Sales contract providing for deferred
payment of purchase price not subject to chapter. A
sales contract for goods or services providing for the
deferred payment of the purchase price shall not be subject
to this chapter, regardless of who seeks to enforce the
contract, notwithstanding the existence or occurrence of any
one or more of the following events:
(1) That the seller may have arranged to sell, pledge,
indorse, negotiate, assign, or transfer the obligations thereof
to any person, including a financing organization, prior to or
subsequent to or concurrently with the making of the sales
transaction;
(2) That the amount of the finance charge, however
denominated, is determined by reference to charts, computations or information supplied by such person;
(3) That the form or forms of instruments used to
evidence the sales transaction have been supplied or prepared
by such person;
(4) That the credit standing of the purchaser is or may
have been evaluated by such person;
(5) That the sales transaction and the execution of any
instrument evidencing the same is negotiated in the presence
or with the assistance of a representative of such person;
(6) That the instrument or instruments used to evidence
the sales transaction are pledged, indorsed, negotiated,
assigned, or transferred by the seller to such person;
(7) That there is an underlying agreement between the
seller and such person concerning the pledging, indorsing,
negotiation, assigning, or transferring of sales contracts; or
(8) That the financing organization or its affiliates also
provide franchising, financing, or other services to the sellerassignor. [1981 c 77 § 7.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
19.52.130 Charge made by assignee of retail
installment contract or charge agreement to sellerassignor not limited by chapter—No agreement between
credit card issuing bank and retailer shall prohibit
discounts for cash payment. (1) Nothing contained in this
chapter shall be deemed to limit any charge made by an
assignee of a retail installment contract or charge agreement
to the seller-assignor upon the sale, transfer, assignment, or
discount of the contract or agreement, notwithstanding
[Title 19 RCW—page 107]
19.52.130
Title 19 RCW: Business Regulations—Miscellaneous
retention by the assignee of recourse rights and notwithstanding duties retained by the assignee to service delinquencies, perform service or warranty agreements regarding the
property which is the subject matter of the assigned or
discounted contracts or charge agreements, or to do or
perform any other duty with respect to the account or
contract assigned or the subject matter of such account or
contract.
(2) No agreement between a credit card issuing bank
and retailer shall prohibit the retailer from granting general
discounts for the payment of cash, not in excess of the
percentage allowed by Regulation Z, the Federal Truth in
Lending Act. [1981 c 77 § 8.]
Application, saving—Severability—1981 c 77: See RCW 63.14.902
and 63.14.903.
19.52.140 Chapter not applicable to interest,
penalties, or costs on delinquent property taxes. This
chapter does not apply in respect to interest, penalties, or
costs imposed on delinquent property taxes under chapter
84.64 RCW. [1981 c 322 § 8.]
19.52.150 Defense or action of usury not applicable
to consumer leases. See RCW 63.10.060.
19.52.160 Chapter not applicable to mobile homes.
This chapter shall not apply to the financing of mobile
homes which meets the definition of real property contained
in RCW 84.04.090, and which financing is insured by a
federal instrumentality. [1985 c 395 § 6.]
19.52.170 Chapter not applicable to certain loans
from tax-qualified retirement plan. This chapter does not
apply to any loan permitted under applicable federal law and
regulations from a tax-qualified retirement plan to a person
then a participant or a beneficiary under the plan.
This section affects loans being made, negotiated,
renegotiated, extended, renewed, or revised on or after April
20, 1989. [1989 c 138 § 1.]
19.52.900 Application—Construction—1981 c 78.
Chapter 78, Laws of 1981 shall apply only to loans or
forbearances or transactions which are entered into after May
8, 1981, or to existing loans or forbearances, contracts or
agreements which were not primarily for personal, family, or
household use to which there is an addition to the principal
amount of the credit outstanding after May 8, 1981:
PROVIDED, HOWEVER, That nothing in chapter 78, Laws
of 1981 shall be construed as implying that agricultural or
investment purposes are not already included within the
meaning of "commercial or business purposes" as used in
RCW 19.52.080 as in effect prior to May 8, 1981. [1989 c
8 § 2; 1981 c 78 § 10.]
Chapter 19.56
UNSOLICITED GOODS
Sections
19.56.010 Newspaper mailed without authority is gift.
19.56.020 Unsolicited goods or services as gifts.
19.56.030 Violation—Application of consumer protection act.
Advertising, crimes relating to: Chapter 9.04 RCW.
Libel and slander: Chapter 9.58 RCW.
19.56.010 Newspaper mailed without authority is
gift. Whenever any person, company or corporation owning
or controlling any newspaper or periodical of any kind, or
whenever any editor or proprietor of any such newspaper or
periodical shall mail or send any such newspaper or periodical to any person or persons in this state without first
receiving an order for said newspaper or periodical from
such person or persons to whom said newspaper or periodical is mailed or sent, it shall be deemed to be a gift, and no
debt or obligation shall accrue against such person or
persons, whether said newspaper or periodical is received by
the person or persons to whom it is sent or not. [2000 c 171
§ 55; 1890 p 460 § 1; RRS § 5842.]
19.56.020 Unsolicited goods or services as gifts. If
unsolicited goods or services are provided to a person, the
person has a right to accept the goods or services as a gift
only, and is not bound to return the goods or services.
Goods or services are not considered to have been solicited
unless the recipient specifically requested, in an affirmative
manner, the receipt of the goods or services according to the
terms under which they are being offered. Goods or services
are not considered to have been requested if a person fails to
respond to an invitation to purchase the goods or services
and the goods or services are provided notwithstanding. If
the unsolicited goods or services are either addressed to or
intended for the recipient, the recipient may use them or
dispose of them in any manner without any obligation to the
provider, and in any action for goods or services sold and
delivered, or in any action for the return of the goods, it is
a complete defense that the goods or services were provided
voluntarily and that the defendant did not affirmatively order
or request the goods or services, either orally or in writing.
[1992 c 43 § 1; 1967 c 57 § 1.]
19.56.030 Violation—Application of consumer
protection act. Violation of RCW 19.56.020 is a matter
affecting the public interest for the purpose of applying
chapter 19.86 RCW. Failure to comply with this chapter is
not reasonable in relation to the development and preservation of business. A violation of RCW 19.56.020 constitutes
an unfair or deceptive act or practice in trade or commerce
for the purposes of applying chapter 19.86 RCW. [1992 c
43 § 2.]
Severability—1981 c 78: See note following RCW 19.52.020.
[Title 19 RCW—page 108]
(2002 Ed.)
Motion Picture Fair Competition Act
Chapter 19.58
MOTION PICTURE FAIR COMPETITION ACT
Sections
19.58.010
19.58.020
19.58.030
19.58.040
19.58.050
19.58.900
19.58.905
Purpose.
Definitions.
Blind bidding or blind selling prohibited—Trade screening
required—Notice.
Solicitation of bids.
Violation—Civil suit—Attorneys’ fees.
Short title.
Severability—1979 ex.s. c 29.
19.58.010 Purpose. The purpose of this chapter is to
establish fair and open procedures for bidding and negotiation for the right to exhibit motion pictures in the state in
order to prevent unfair and deceptive acts or practices and
unreasonable restraints of trade in the business of motion
picture distribution and exhibition within the state; to
promote fair and effective competition in that business; and
to insure that exhibitors have the opportunity to view a
motion picture and know its contents before committing
themselves to exhibiting the motion picture in their communities. [1979 ex.s. c 29 § 1.]
19.58.020 Definitions. The definitions contained in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Bid" means a written or oral offer or proposal to
buy made by an exhibitor to a distributor in response to an
invitation to bid for the license or right to exhibit a motion
picture, the license stating the terms under which the exhibitor agrees to exhibit the motion picture.
(2) "Blind bidding" means the exhibitor’s bidding or
negotiating for, or the exhibitor’s offering or agreeing to,
terms for the license or right to exhibit a feature motion
picture at any time either before the feature motion picture
has been trade screened within the state or before the feature
motion picture has been otherwise made available for
viewing within the state by all exhibitors.
(3) "Blind selling" means the practice whereby a
distributor licenses a feature motion picture before the
exhibitor is afforded an opportunity to view the feature
motion picture by trade screening.
(4) "Buying" or "selling" of the right to exhibit a feature
motion picture means the licensing of a theater to show the
feature motion picture for a certain number of days for a
certain price.
(5) "Distributor" means a person engaged in the business of distributing or supplying more than one feature
motion picture per year to exhibitors by rental, sale, licensing, or other agreement.
(6) "Exhibit" or "exhibition" means playing or showing
a feature motion picture to the public for an admission
charge.
(7) "Exhibitor" means a person in the business of
operating one or more theaters in which motion pictures are
exhibited to the public.
(8) "Feature motion picture" means a motion picture
exceeding sixty minutes in duration.
(9) "Invitation to bid" means a written or oral solicitation or invitation by a distributor to one or more exhibitors
(2002 Ed.)
Chapter 19.58
to bid or negotiate for the license or right to exhibit a feature
motion picture.
(10) "Licensing agreement" means a contract, agreement, understanding, or condition between a distributor and
an exhibitor relating to the licensing or exhibition of a
feature motion picture by the exhibitor.
(11) "Person" means one or more individuals, firms,
partnerships, associations, societies, trusts, organizations, or
corporations.
(12) "Run" means the continuous exhibition of a feature
motion picture in a defined geographic area for a specified
period of time. A "first run" is the first exhibition of the
feature motion picture in the defined area; a "second run" is
the second exhibition; and "subsequent runs" are subsequent
exhibitions after the second run. "Exclusive run" is a run
limited to a single theater in a defined geographic area and
a "nonexclusive run" is a run in more than one theater in a
defined geographic area.
(13) "Theater" means an establishment in which feature
motion pictures are regularly exhibited to the public for an
admission charge.
(14) "Trade screening" means the exhibition of a feature
motion picture, prior to its release for public exhibition by
a distributor, in the largest city within the state, which is
open to all exhibitors from whom the distributor intends to
solicit bids or with whom the distributor intends to negotiate
for the license or right to exhibit the feature motion picture.
[1979 ex.s. c 29 § 2.]
19.58.030 Blind bidding or blind selling prohibited—Trade screening required—Notice. (1) The buying or
selling of the right to exhibit a feature motion picture by
blind bidding or blind selling is prohibited within the state.
(2) No bids may be returnable, no negotiations for the
exhibition or licensing of a motion picture may take place,
and no license agreement or any of its terms may be agreed
upon, for the exhibition of a feature motion picture within
the state before the feature motion picture has either been
trade screened or otherwise made available for viewing by
all exhibitors within the state.
(3) A distributor shall provide reasonable and uniform
notice of the trade screening of feature motion pictures to
those exhibitors within the state from whom bids will be
solicited or with whom negotiations will be conducted for
the license or right to exhibit the feature motion picture.
(4) A purported waiver of the prohibition in this chapter
against blind bidding or blind selling is void and unenforceable. [1979 ex.s. c 29 § 3.]
19.58.040 Solicitation of bids. If bids are solicited
from exhibitors for the licensing of a feature motion picture
within the state, then:
(1) The invitation to bid shall specify: (a) Whether the
run for which the bid is being solicited is a first, second, or
subsequent run; whether the run is an exclusive or nonexclusive run; and, the geographic area for the run; (b) the names
of all exhibitors who are being solicited; (c) the date and
hour the invitation to bid expires; and (d) the time, date, and
location, including the address, where the bids will be
opened, which shall be within the state.
[Title 19 RCW—page 109]
19.58.040
Title 19 RCW: Business Regulations—Miscellaneous
(2) All bids shall be submitted in writing and shall be
opened at the same time and in the presence of those
exhibitors, or their agents, who submitted bids and who
attend the bid opening.
(3) Immediately upon being opened, the bids shall be
subject to examination by the exhibitors, or their agents, who
submitted bids, and who are present at the opening. Within
ten business days after the bids are opened, the distributor
shall notify each exhibitor who submitted a bid either the
name of the winning bidder or the fact that none of the bids
were acceptable.
(4) Once bids are solicited, the distributor shall license
the feature motion picture only by bidding and may solicit
rebids if none of the submitted bids are acceptable. [1979
ex.s. c 29 § 4.]
19.58.050 Violation—Civil suit—Attorneys’ fees.
Any person aggrieved by a violation of this chapter may
bring a civil action in superior court to enjoin further
violations or to recover the actual damages sustained, or
both, together with the costs of the suit. In any such action,
the court shall award reasonable attorneys’ fees to the
prevailing party. [1979 ex.s. c 29 § 5.]
19.58.900 Short title. This chapter may be known
and cited as the Washington motion picture fair competition
act. [1979 ex.s. c 29 § 6.]
19.58.905 Severability—1979 ex.s. c 29. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 29 § 8.]
Chapter 19.60
PAWNBROKERS AND SECOND-HAND DEALERS
Sections
19.60.010
19.60.014
19.60.020
19.60.040
19.60.045
19.60.050
19.60.055
19.60.060
19.60.061
Definitions.
Fixed place of business required.
Duty to record information.
Report to chief law enforcement officer.
Duties upon notification that property is reported stolen.
Retention of property by pawnbrokers—Inspection.
Retention of property by second-hand dealers—Inspection.
Rates of interest and other fees—Sale of pledged property.
Pawnbrokers—Sale of pledged property limited—Written
document required for transactions.
19.60.062 Attorney fees and costs in action to recover possession or
determine title or ownership.
19.60.066 Prohibited acts—Penalty.
19.60.068 Resale agreement to avoid interest and fee restrictions prohibited.
19.60.075 Regulation by political subdivisions.
19.60.085 Exemptions.
19.60.900 Severability—1984 c 10.
19.60.901 Effective date—1984 c 10.
Larceny—Receiving stolen property: RCW 9A.56.140 through 9A.56.170.
19.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 19 RCW—page 110]
(1) Melted metals means metals derived from metal junk
or precious metals that have been reduced to a melted state
from other than ore or ingots which are produced from ore
that has not previously been processed.
(2) Metal junk means any metal that has previously
been milled, shaped, stamped, or forged and that is no longer
useful in its original form, except precious metals.
(3) Nonmetal junk means any nonmetal, commonly
discarded item that is worn out, or has outlasted its usefulness as intended in its original form except nonmetal junk
does not include an item made in a former period which has
enhanced value because of its age.
(4) Pawnbroker means every person engaged, in whole
or in part, in the business of loaning money on the security
of pledges of personal property, or deposits or conditional
sales of personal property, or the purchase or sale of
personal property.
(5) Precious metals means gold, silver, and platinum.
(6) Second-hand dealer means every person engaged in
whole or in part in the business of purchasing, selling,
trading, consignment selling, or otherwise transferring for
value, second-hand property including metal junk, melted
metals, precious metals, whether or not the person maintains
a fixed place of business within the state. Second-hand
dealer also includes persons or entities conducting business
at flea markets or swap meets, more than three times per
year.
(7) Second-hand property means any item of personal
property offered for sale which is not new, including metals
in any form, except postage stamps, coins that are legal
tender, bullion in the form of fabricated hallmarked bars,
used books, and clothing of a resale value of seventy-five
dollars or less, except furs.
(8) Transaction means a pledge, or the purchase of, or
consignment of, or the trade of any item of personal property
by a pawnbroker or a second-hand dealer from a member of
the general public.
(9) "Loan period" means the period of time from the
date the loan is made until the date the loan is paid off, the
loan is in default, or the loan is refinanced and new loan
documents are issued, including all grace or extension
periods. [1995 c 133 § 1; 1991 c 323 § 1; 1985 c 70 § 1;
1984 c 10 § 1; 1981 c 279 § 3; 1909 c 249 § 235; RRS §
2487. FORMER PARTS OF SECTION: (i) 1909 c 249 §
236; RRS § 2488, now codified as RCW 19.60.015. (ii)
1939 c 89 § 1; RRS § 2488-1, now codified as RCW
19.60.065.]
19.60.014 Fixed place of business required. No
person may operate as a pawnbroker unless the person
maintains a fixed place of business within the state. [1984
c 10 § 4.]
19.60.020 Duty to record information. (1) Every
pawnbroker and second-hand dealer doing business in this
state shall maintain wherever that business is conducted a
record in which shall be legibly written in the English
language, at the time of each transaction the following
information:
(a) The signature of the person with whom the transaction is made;
(2002 Ed.)
Pawnbrokers and Second-Hand Dealers
19.60.020
(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the
transaction, as required by the applicable chief of police or
the county’s chief law enforcement officer;
(d) The name, date of birth, sex, height, weight, race,
and address and telephone number of the person with whom
the transaction is made;
(e) A complete description of the property pledged,
bought, or consigned, including the brand name, serial
number, model number or name, any initials or engraving,
size, pattern, and color or stone or stones, and in the case of
firearms, the caliber, barrel length, type of action, and
whether it is a pistol, rifle, or shotgun;
(f) The price paid or the amount loaned;
(g) The type and identifying number of identification
used by the person with whom the transaction was made,
which shall consist of a valid drivers license or identification
card issued by any state or two pieces of identification
issued by a governmental agency, one of which shall be
descriptive of the person identified. At all times, one piece
of current government issued picture identification will be
required; and
(h) The nature of the transaction, a number identifying
the transaction, the store identification as designated by the
applicable law enforcement agency, or the name and address
of the business and the name of the person or employee,
conducting the transaction, and the location of the property.
(2) This record shall at all times during the ordinary
hours of business, or at reasonable times if ordinary hours of
business are not kept, be open to the inspection of any
commissioned law enforcement officer of the state or any of
its political subdivisions, and shall be maintained wherever
that business is conducted for three years following the date
of the transaction. [1991 c 323 § 2; 1984 c 10 § 3; 1909 c
249 § 229; RRS § 2481.]
19.60.045 Duties upon notification that property is
reported stolen. Following notification from a law enforcement agency that an item of property has been reported as
stolen, the pawnbroker or second-hand dealer shall hold that
property intact and safe from alteration, damage, or commingling. The pawnbroker or second-hand dealer shall place an
identifying tag or other suitable identification upon the
property so held. Property held shall not be released for one
hundred twenty days from the date of police notification
unless released by written consent of the applicable law
enforcement agency or by order of a court of competent
jurisdiction. In cases where the applicable law enforcement
agency has placed a verbal hold on an item, that agency
must then give written notice within ten business days. If
such written notice is not received within that period of time,
then the hold order will cease. The pawnbroker or secondhand dealer shall give a twenty-day written notice before the
expiration of the one hundred twenty-day holding period to
the applicable law enforcement agency about the stolen
property. If notice is not given within twenty days, then the
hold on the property shall continue for an additional one
hundred twenty days. The applicable law enforcement
agency may renew the holding period for additional one
hundred twenty-day periods as necessary. After the receipt
of notification from a pawnbroker or second-hand dealer, if
an additional holding period is required, the applicable law
enforcement agency shall give the pawnbroker or secondhand dealer written notice, prior to the expiration of the
existing hold order. A law enforcement agency shall not
place on hold any item of personal property unless that
agency reasonably suspects that the item of personal property
is a lost or stolen item. Any hold that is placed on an item
will be removed as soon as practicable after the item on hold
is determined not to be stolen or lost. [1991 c 323 § 4;
1984 c 10 § 5.]
19.60.040 Report to chief law enforcement officer.
(1) Upon request, every pawnbroker and second-hand dealer
doing business in the state shall furnish a full, true, and
correct transcript of the record of all transactions conducted
on the preceding day. These transactions shall be recorded
on such forms as may be provided and in such format as
may be required by the chief of police or the county’s chief
law enforcement officer within a specified time not less than
twenty-four hours. This information may be transmitted to
the applicable law enforcement agency electronically, by
facsimile transmission, or by modem or similar device, or by
delivery of computer disk subject to the requirements of, and
approval by, the chief of police or the county’s chief law
enforcement officer.
(2) If a pawnbroker or second-hand dealer has good
cause to believe that any property in his or her possession
has been previously lost or stolen, the pawnbroker or
second-hand dealer shall promptly report that fact to the
applicable chief of police or the county’s chief law enforcement officer, together with the name of the owner, if known,
and the date when, and the name of the person from whom
it was received. [1991 c 323 § 3; 1984 c 10 § 6; 1909 c
249 § 231; RRS § 2483.]
19.60.050 Retention of property by pawnbrokers—
Inspection. Property bought or received in pledge by any
pawnbroker shall not be removed from that place of business, except when redeemed by, or returned to the owner,
within thirty days after the receipt of the property. Property
shall at all times during the ordinary hours of business be
open to inspection to any commissioned law enforcement
officer of the state or any of its political subdivisions. [1991
c 323 § 5; 1984 c 10 § 8; 1909 c 249 § 232; RRS § 2484.]
(2002 Ed.)
Receiving stolen property: RCW 9A.56.140 through 9A.56.170.
Auction of second-hand property, exemption by rule of department of
licensing: RCW 18.11.075.
Restoration of stolen property: RCW 9.54.130.
19.60.055 Retention of property by second-hand
dealers—Inspection. (1) Property bought or received on
consignment by any second-hand dealer with a permanent
place of business in the state shall not be removed from that
place of business except consigned property returned to the
owner, within thirty days after the receipt of the property.
Property shall at all times during the ordinary hours of
business be open to inspection to any commissioned law
enforcement officer of the state or any of its political
subdivisions.
[Title 19 RCW—page 111]
19.60.055
Title 19 RCW: Business Regulations—Miscellaneous
(2) Property bought or received on consignment by any
second-hand dealer without a permanent place of business in
the state, shall be held within the city or county in which the
property was received, except consigned property returned to
the owner, within thirty days after receipt of the property.
The property shall be available within the appropriate jurisdiction for inspection at reasonable times by any commissioned law enforcement officer of the state or any of its
political subdivisions. [1991 c 323 § 6; 1984 c 10 § 7.]
Auction of second-hand property, exemption by rule of department of
licensing: RCW 18.11.075.
19.60.060 Rates of interest and other fees—Sale of
pledged property. All pawnbrokers are authorized to
charge and receive interest and other fees at the following
rates for money on the security of personal property actually
received in pledge:
(1) The interest for the loan period shall not exceed:
(a) For an amount loaned up to $9.99 - interest at $1.00
for each thirty-day period to include the loan date.
(b) For an amount loaned from $10.00 to $19.99 interest at the rate of $1.25 for each thirty-day period to
include the loan date.
(c) For an amount loaned from $20.00 to $24.99 interest at the rate of $1.50 for each thirty-day period to
include the loan date.
(d) For an amount loaned from $25.00 to $34.99 interest at the rate of $1.75 for each thirty-day period to
include the loan date.
(e) For an amount loaned from $35.00 to $39.99 interest at the rate of $2.00 for each thirty-day period to
include the loan date.
(f) For an amount loaned from $40.00 to $49.99 interest at the rate of $2.25 for each thirty-day period to
include the loan date.
(g) For the amount loaned from $50.00 to $59.99 interest at the rate of $2.50 for each thirty-day period to
include the loan date.
(h) For the amount loaned from $60.00 to $69.99 interest at the rate of $2.75 for each thirty-day period to
include the loan date.
(i) For the amount loaned from $70.00 to $79.99 interest at the rate of $3.00 for each thirty-day period to
include the loan date.
(j) For the amount loaned from $80.00 to $89.99 interest at the rate of $3.25 for each thirty-day period to
include the loan date.
(k) For the amount loaned from $90.00 to $99.99 interest at the rate of $3.50 for each thirty-day period to
include the loan date.
(l) For the amount loaned from $100.00 or more interest at the rate of three percent for each thirty-day period
to include the loan date.
(2) The fee for the preparation of loan documents,
pledges, or reports required under the laws of the United
States of America, the state of Washington, or the counties,
cities, towns, or other political subdivisions thereof, shall not
exceed:
(a) For the amount loaned up to $4.99 - the sum of
$.50;
(b) For the amount loaned from $5.00 to $9.99 - the
sum of $2.00;
[Title 19 RCW—page 112]
(c) For the amount loaned from $10.00 to $14.99 - the
sum of $3.00;
(d) For the amount loaned from $15.00 to $19.99 - the
sum of $3.50.
(e) For the amount loaned from $20.00 to $24.99 - the
sum of $4.00.
(f) For the amount loaned from $25.00 to $29.99 - the
sum of $4.50.
(g) For the amount loaned from $30.00 to $34.99 - the
sum of $5.00.
(h) For the amount loaned from $35.00 to $39.99 - the
sum of $5.50.
(i) For the amount loaned from $40.00 to $44.99 - the
sum of $6.00.
(j) For the amount loaned from $45.00 to $49.99 - the
sum of $6.50.
(k) For the amount loaned from $50.00 to $54.99 - the
sum of $7.00.
(l) For the amount loaned from $55.00 to $59.99 - the
sum of $7.50.
(m) For the amount loaned from $60.00 to $64.99 - the
sum of $8.00.
(n) For the amount loaned from $65.00 to $69.99 - the
sum of $8.50.
(o) For the amount loaned from $70.00 to $74.99 - the
sum of $9.00.
(p) For the amount loaned from $75.00 to $79.99 - the
sum of $9.50.
(q) For the amount loaned from $80.00 to $84.99 - the
sum of $10.00.
(r) For the amount loaned from $85.00 to $89.99 - the
sum of $10.50.
(s) For the amount loaned from $90.00 to $94.99 - the
sum of $11.00.
(t) For the amount loaned from $95.00 to $99.99 - the
sum of $11.50.
(u) For the amount loaned from $100.00 to $104.99 the sum of $12.00.
(v) For the amount loaned from $105.00 to $109.99 the sum of $12.25.
(w) For the amount loaned from $110.00 to $114.99 the sum of $12.75.
(x) For the amount loaned from $115.00 to $119.99 the sum of $13.25.
(y) For the amount loaned from $120.00 to $124.99 the sum of $13.50.
(z) For the amount loaned from $125.00 to $129.99 the sum of $13.75.
(aa) For the amount loaned from $130.00 to $149.99 the sum of $14.50.
(bb) For the amount loaned from $150.00 to $174.99 the sum of $14.75.
(cc) For the amount loaned from $175.00 to $199.99 the sum of $15.00.
(dd) For the amount loaned from $200.00 to $224.99 the sum of $16.00.
(ee) For the amount loaned from $225.00 to $249.99 the sum of $17.00.
(ff) For the amount loaned from $250.00 to $274.99 the sum of $18.00.
(gg) For the amount loaned from $275.00 to $299.99 the sum of $19.00.
(2002 Ed.)
Pawnbrokers and Second-Hand Dealers
(hh) For the amount loaned from $300.00 to $324.99 the sum of $20.00.
(ii) For the amount loaned from $325.00 to $349.99 the sum of $21.00.
(jj) For the amount loaned from $350.00 to $374.99 the sum of $22.00.
(kk) For the amount loaned from $375.00 to $399.99 the sum of $23.00.
(ll) For the amount loaned from $400.00 to $424.99 the sum of $24.00.
(mm) For the amount loaned from $425.00 to $449.99
- the sum of $25.00.
(nn) For the amount loaned from $450.00 to $474.99 the sum of $26.00.
(oo) For the amount loaned from $475.00 to $499.99 the sum of $27.00.
(pp) For the amount loaned from $500.00 to $524.99 the sum of $28.00.
(qq) For the amount loaned from $525.00 to $549.99 the sum of $29.00.
(rr) For the amount loaned from $550.00 to $599.99 the sum of $30.00.
(ss) For the amount loaned from $600.00 to $699.99 the sum of $35.00.
(tt) For the amount loaned from $700.00 to $799.99 the sum of $40.00.
(uu) For the amount loaned from $800.00 to $899.99 the sum of $40.00.
(vv) For the amount loaned from $900.00 to $999.99 the sum of $50.00.
(ww) For the amount loaned from $1000.00 to $1499.99
- the sum of $55.00.
(xx) For the amount loaned from $1500.00 to $1999.99
- the sum of $60.00.
(yy) For the amount loaned from $2000.00 to $2499.99
- the sum of $65.00.
(zz) For the amount loaned from $2500.00 to $2999.99
- the sum of $70.00.
(aaa) For the amount loaned from $3000.00 to $3499.99
- the sum of $75.00.
(bbb) For the amount loaned from $3500.00 to $3999.99
- the sum of $80.00.
(ccc) For the amount loaned from $4000.00 to $4499.99
- the sum of $85.00.
(ddd) For the amount loaned from $4500.00 or more the sum of $90.00.
(3) Fees under subsection (2) of this section may be
charged one time only for each loan period; no additional
fees, other than interest allowed under subsection (1) of this
section, shall be charged for making the loan.
A copy of this section, set in twelve point type or
larger, shall be posted prominently in each premises subject
to this chapter. [1995 c 133 § 2; 1991 c 323 § 7; 1984 c 10
§ 9; 1973 1st ex.s. c 91 § 1; 1909 c 249 § 234; RRS §
2486.]
Interest—Usury: Chapter 19.52 RCW.
19.60.061 Pawnbrokers—Sale of pledged property
limited—Written document required for transactions.
(1) The term of the loan shall be for a period of thirty days
to include the date of the loan.
(2002 Ed.)
19.60.060
(2) A pawnbroker shall not sell any property received in
pledge, until both the term of the loan and a grace period of
a minimum of sixty days has expired. However, if a
pledged article is not redeemed within the ninety-day period
of the term of the loan and the grace period, the pawnbroker
shall have all rights, title, and interest of that item of
personal property. The pawnbroker shall not be required to
account to the pledgor for the proceeds received from the
disposition of that item. Any provision of law relating to the
foreclosures and the subsequent sale of forfeited pledged
items, shall not be applicable to any pledge as defined under
this chapter, the title to which is transferred in accordance
with this section.
(3) Every loan transaction entered into by a pawnbroker
shall be evidenced by a written document, a copy of which
shall be furnished to the pledgor. The document shall set
forth the term of the loan; the final date on which the loan
is due and payable; the loan preparation fee; the amount of
interest charged every thirty days; the total amount due
including the principal amount, the preparation fee, and all
interest charges due if the loan is outstanding for the full
ninety days allowed by the term and minimum grace period;
and the annual percentage rate, and shall inform the pledgor
of the pledgor’s right to redeem the pledge at any time
within the term of the loan or the minimum sixty-day grace
period.
(4) If a person who has entered into a loan transaction
with a pawnbroker in this state is unable to redeem and
repay the loan on or before the expiration of the term of the
loan plus the minimum sixty-day grace period, and that
person wishes to retain his or her rights to use that item by
rewriting the loan, and if both parties mutually agree, an
existing loan transaction may be rewritten into a new loan,
either in person or by mail. All applicable provisions of this
chapter shall be followed in rewriting a loan, except that
where an existing loan is rewritten by mail RCW
19.60.020(1) (a) and (g) shall not apply. [1995 c 133 § 3;
1991 c 323 § 8; 1984 c 10 § 10.]
19.60.062 Attorney fees and costs in action to
recover possession or determine title or ownership. By
either party, in an action brought by an owner to recover
goods in the possession of a pawnbroker or second-hand
dealer, or an action brought by a pawnbroker or second-hand
dealer against an owner, or a person claiming ownership, to
determine title or ownership of any item, the prevailing party
is entitled to reasonable attorney’s fees and costs. [1991 c
323 § 9; 1984 c 10 § 11; 1979 ex.s. c 41 § 1.]
19.60.066 Prohibited acts—Penalty. It is a gross
misdemeanor under chapter 9A.20 RCW for:
(1) Any person to remove, alter, or obliterate any
manufacturer’s make, model, or serial number, personal
identification number, or identifying marks engraved or
etched upon an item of personal property that was purchased, consigned, or received in pledge. In addition an
item shall not be accepted for pledge or a second-hand
purchase where the manufacturer’s make, model, or serial
number, personal identification number, or identifying marks
engraved or etched upon an item of personal property has
been removed, altered, or obliterated;
[Title 19 RCW—page 113]
19.60.066
Title 19 RCW: Business Regulations—Miscellaneous
(2) Any person to knowingly make, cause, or allow to
be made any false entry or misstatement of any material
matter in any book, record, or writing required to be kept
under this chapter;
(3) Any pawnbroker or second-hand dealer to receive
any property from any person under the age of eighteen
years, any person under the influence of intoxicating liquor
or drugs, or any person known to the pawnbroker or secondhand dealer as having been convicted of burglary, robbery,
theft, or possession of or receiving stolen property within the
past ten years whether the person is acting in his or her own
behalf or as the agent of another;
(4) Any pawnbroker to engage in the business of
cashing or selling checks, drafts, money orders, or other
commercial paper serving the same purpose unless the pawnbroker complies with the provisions of chapter 31.45 RCW;
or
(5) Any person to violate knowingly any other provision
of this chapter. [1991 c 355 § 21; 1991 c 323 § 10; 1984 c
10 § 12.]
Reviser’s note: This section was amended by 1991 c 323 § 10 and
by 1991 c 355 § 21, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date, implementation—1991 c 355: See RCW 31.45.900.
19.60.068 Resale agreement to avoid interest and
fee restrictions prohibited. A purchase of personal
property shall not be made on the condition of selling it back
at a stipulated time and price greater than the purchase price,
for the purpose of avoiding the interest and fee restrictions
of this chapter. [1991 c 323 § 11.]
19.60.075 Regulation by political subdivisions. The
regulation of pawnbrokers and second-hand dealers under
this chapter is not intended to restrict political subdivisions
from enacting ordinances or codes requiring the licensing of
pawnbrokers and second-hand dealers or from enacting ordinances or codes which are more restrictive than the provisions of this chapter. [1984 c 10 § 13.]
19.60.085 Exemptions. The provisions of this chapter
do not apply to transactions conducted by the following:
(1) Motor vehicle dealers licensed under chapter 46.70
RCW;
(2) Vehicle wreckers or hulk haulers licensed under
chapter 46.79 or 46.80 RCW;
(3) Persons giving an allowance for the trade-in or
exchange of second-hand property on the purchase of other
merchandise of the same kind of greater value; and
(4) Persons in the business of buying or selling empty
food and beverage containers or metal or nonmetal junk.
[2000 c 171 § 56; 1985 c 70 § 2; 1984 c 10 § 2.]
19.60.900 Severability—1984 c 10. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 10 § 15.]
[Title 19 RCW—page 114]
19.60.901 Effective date—1984 c 10. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect thirty
days after it is signed by the governor and filed with the
secretary of state. [1984 c 10 § 16.]
Reviser’s note: The effective date of this act [1984 c 10] was March
22, 1984.
Chapter 19.64
RADIO BROADCASTING
Sections
19.64.010 Liability of owner or operator limited.
19.64.020 Speaker or sponsor liability not limited.
19.64.900 Saving—1943 c 229.
Libel and slander: Chapter 9.58 RCW.
Radio broadcasting rights as to horse races: RCW 67.16.110.
19.64.010 Liability of owner or operator limited.
Where the owner, licensee, or operator of a radio or television broadcasting station, or the agents or employees thereof,
has required a person speaking over said station to submit a
written copy of his script prior to such broadcast and has cut
such speaker off the air as soon as reasonably possible in the
event such speaker deviates from such written script, said
owner, licensee, or operator, or the agents or employees
thereof, shall not be liable for any damages, for any defamatory statement published or uttered by such person in or as
a part of such radio or television broadcast unless such
defamatory statements are contained in said written script.
[1943 c 229 § 1; Rem. Supp. 1943 § 998-1.]
19.64.020 Speaker or sponsor liability not limited.
Nothing contained shall be construed as limiting the liability
of any speaker or his sponsor or sponsors for defamatory
statements made by such speaker in or as a part of any such
broadcast. [1943 c 229 § 2; Rem. Supp. 1943 § 998-2.]
19.64.900 Saving—1943 c 229. This chapter shall not
be applicable to or affect any cause of action existing at the
time this chapter becomes effective. [1943 c 229 § 3.]
Chapter 19.68
REBATING BY PRACTITIONERS OF
HEALING PROFESSIONS
Sections
19.68.010
Rebating prohibited—Disclosure—List of alternative facilities.
19.68.020 Deemed unprofessional conduct.
19.68.030 License may be revoked or suspended.
19.68.040 Declaration of intent.
Hearing instrument fitter/dispensers: RCW 18.35.110.
Physicians, surgeons, dentists, oculists, optometrists, osteopaths, chiropractors, drugless healers, etc.: Title 18 RCW.
19.68.010 Rebating prohibited—Disclosure—List of
alternative facilities. It shall be unlawful for any person,
firm, corporation or association, whether organized as a
cooperative, or for profit or nonprofit, to pay, or offer to pay
(2002 Ed.)
Rebating by Practitioners of Healing Professions
or allow, directly or indirectly, to any person licensed by the
state of Washington to engage in the practice of medicine
and surgery, drugless treatment in any form, dentistry, or
pharmacy and it shall be unlawful for such person to request,
receive or allow, directly or indirectly, a rebate, refund,
commission, unearned discount or profit by means of a
credit or other valuable consideration in connection with the
referral of patients to any person, firm, corporation or
association, or in connection with the furnishings of medical,
surgical or dental care, diagnosis, treatment or service, on
the sale, rental, furnishing or supplying of clinical laboratory
supplies or services of any kind, drugs, medication, or
medical supplies, or any other goods, services or supplies
prescribed for medical diagnosis, care or treatment. Ownership of a financial interest in any firm, corporation or association which furnishes any kind of clinical laboratory or other
services prescribed for medical, surgical, or dental diagnosis
shall not be prohibited under this section where (1) the
referring practitioner affirmatively discloses to the patient in
writing, the fact that such practitioner has a financial interest
in such firm, corporation, or association; and (2) the referring practitioner provides the patient with a list of effective
alternative facilities, informs the patient that he or she has
the option to use one of the alternative facilities, and assures
the patient that he or she will not be treated differently by
the referring practitioner if the patient chooses one of the
alternative facilities.
Any person violating the provisions of this section is
guilty of a misdemeanor. [1993 c 492 § 233; 1973 1st ex.s.
c 26 § 1; 1965 ex.s. c 58 § 1. Prior: 1949 c 204 § 1; Rem.
Supp. 1949 § 10185-14.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
19.68.020 Deemed unprofessional conduct. The
acceptance directly or indirectly by any person so licensed
of any rebate, refund, commission, unearned discount, or
profit by means of a credit or other valuable consideration
whether in the form of money or otherwise, as compensation
for referring patients to any person, firm, corporation or
association as set forth in RCW 19.68.030, constitutes
unprofessional conduct. [1965 ex.s. c 58 § 2; 1949 c 204 §
2; Rem. Supp. 1949 § 10185-15.]
19.68.030 License may be revoked or suspended.
The license of any person so licensed may be revoked or
suspended if he has directly or indirectly requested, received
or participated in the division, transference, assignment,
rebate, splitting or refunding of a fee for, or has directly or
indirectly requested, received or profited by means of a
credit or other valuable consideration as a commission,
discount or gratuity in connection with the furnishing of
medical, surgical or dental care, diagnosis or treatment or
service, including x-ray examination and treatment, or for or
in connection with the sale, rental, supplying or furnishing
of clinical laboratory service or supplies, x-ray services or
supplies, inhalation therapy service or equipment, ambulance
service, hospital or medical supplies, physiotherapy or other
therapeutic service or equipment, artificial limbs, teeth or
(2002 Ed.)
19.68.010
eyes, orthopedic or surgical appliances or supplies, optical
appliances, supplies or equipment, devices for aid of hearing,
drugs, medication or medical supplies or any other goods,
services or supplies prescribed for medical diagnosis, care or
treatment, except payment, not to exceed thirty-three and
one-third percent of any fee received for x-ray examination,
diagnosis or treatment, to any hospital furnishing facilities
for such examination, diagnosis or treatment. [1965 ex.s. c
58 § 3. Prior: 1949 c 204 § 3; Rem. Supp. 1949 § 1018516.]
19.68.040 Declaration of intent. It is the intent of
this chapter, and this chapter shall be so construed, that
persons so licensed shall only be authorized by law to charge
or receive compensation for professional services rendered
if such services are actually rendered by the licensee and not
otherwise: PROVIDED, HOWEVER, That it is not intended
to prohibit two or more licensees who practice their profession as copartners to charge or collect compensation for any
professional services by any member of the firm, or to
prohibit a licensee who employs another licensee to charge
or collect compensation for professional services rendered by
the employee licensee. [2000 c 171 § 57; 1949 c 204 § 4;
Rem. Supp. 1949 § 10185-17.]
Chapter 19.72
SURETYSHIP
Sections
19.72.001
19.72.020
19.72.030
19.72.040
19.72.060
19.72.070
19.72.080
19.72.090
19.72.100
19.72.101
19.72.107
19.72.109
Definitions.
Individual sureties—Eligibility.
Individual sureties—Number—Qualification.
Individual sureties—Examination—Approval.
Corporate surety.
Subrogation of surety.
Contribution among sureties.
Default by surety—Indemnity.
Notice to creditor to institute action.
Failure of creditor to proceed—Discharge of surety.
Surety bond—Liability limited.
Release from official’s, executor’s, licensee’s, etc., bond—
Definitions.
19.72.110 Release from official’s, executor’s, licensee’s, etc., bond—
Notice, service, proof.
19.72.130 Release from official’s, executor’s, licensee’s, etc., bond—
Effective date—Failure to give new bond, effect.
19.72.140 Suretyship—Raising issue as defendant.
19.72.141 Suretyship—Order to exhaust principal’s property.
19.72.150 Heirs, etc., bound—Exception.
19.72.160 Assets—Safekeeping agreements—Joint control of deposits.
19.72.170 Bonds not to fail for want of form or substance.
19.72.180 Successive recoveries on bond—Limitation.
19.72.900 Application.
Bail and appearance bonds: Chapter 10.19 RCW.
Bond of executor or administrator: Chapter 11.28 RCW.
Corporate
seals, effect of absence from instrument: RCW 64.04.105.
surety: Chapter 48.28 RCW.
Official bonds, in general: Chapter 42.08 RCW.
19.72.001
Definitions. See RCW 19.72.109.
19.72.020 Individual sureties—Eligibility. Whenever
any bond or recognizance is required, or permitted, by law
to be made, given or filed, conditioned upon the doing or not
[Title 19 RCW—page 115]
19.72.020
Title 19 RCW: Business Regulations—Miscellaneous
doing of anything specified therein and to be signed by one
or more persons as sureties, each of such sureties shall be a
resident of this state; but no attorney at law, sheriff, clerk of
any court of record, or other officer of such court, shall be
permitted to become such surety. [1927 c 162 § 1; RRS §
958-1.]
19.72.030 Individual sureties—Number—
Qualification. Each of such sureties shall have separate
property worth the amount specified in the bond or recognizance, over and above all debts and liabilities, and exclusive
of property exempt from execution, unless the other spouse
joins in the execution of the bond, in which case they must
have community property of such required value; but in case
such bond or recognizance is given in any action or proceeding commenced or pending in any court the judge, on
justification, may allow more than two sureties to justify,
severally, in amounts less than the amount specified, if the
whole justification is equivalent to that of two sufficient
sureties. [1987 c 202 § 185; 1973 1st ex.s. c 154 § 22; 1927
c 162 § 2; RRS § 958-2.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
19.72.040 Individual sureties—Examination—
Approval. In case such bond or recognizance is given in
any action or proceeding commenced or pending in any
court, the judge or clerk of any court of record or district
court, or any party to the action or proceeding for the
security or protection of which such bond or recognizance is
made may, upon notice, require any of such sureties to
attend before the judge at a time and place specified and to
be examined under oath touching the surety’s qualifications
both as to residence and property as such surety, in such
manner as the judge, in the judge’s discretion, may think
proper. If the party demanding the examination require it,
the examination shall be reduced to writing and subscribed
by the surety. If the judge finds the surety possesses the
requisite qualifications and property, the judge shall endorse
the allowance thereof on the bond or recognizance, and
cause it to be filed as provided by law, otherwise it shall be
of no effect. [2000 c 171 § 58; 1987 c 202 § 186; 1927 c
162 § 3; RRS § 958-3. Formerly RCW 19.72.040,
19.72.050.]
Intent—1987 c 202: See note following RCW 2.04.190.
19.72.060 Corporate surety. See surety insurance:
Chapter 48.28 RCW.
19.72.070 Subrogation of surety. When any defendant, surety in a judgment or special bail or replevin or
surety in a delivery bond or replevin bond, or any person
being surety in any bond whatever, has been or shall be
compelled to pay any judgment or any part thereof, or shall
make any payment which is applied upon such judgment by
reason of such suretyship, or when any sheriff or other
officer or other surety upon his official bond shall be
compelled to pay any judgment or any part thereof by reason
of any default of such officer, except for failing to pay over
money collected, or for wasting property levied upon, the
[Title 19 RCW—page 116]
judgment shall not be discharged by such payment, but shall
remain in force for the use of the bail, surety, officer or
other person making such payment, and after the plaintiff is
paid, so much of the judgment as remains unsatisfied may be
prosecuted to execution for his use. [Code 1881 § 648; RRS
§ 978. Prior: 1877 p 134 § 651; 1869 p 151 § 588; 1854
p 211 § 430.]
19.72.080 Contribution among sureties. Any one of
several judgment defendants, and any one of several replevin
bail having paid and satisfied the plaintiff, shall have the
remedy provided in RCW 19.72.070 against the codefendants
and cosureties to collect of them the ratable proportion each
is equitably bound to pay. [Code 1881 § 649; RRS § 979.
Prior: 1877 p 135 § 652; 1869 p 151 § 589; 1854 p 211 §
431.]
19.72.090 Default by surety—Indemnity. No surety
or his representative shall confess judgment or suffer
judgment by default in any case where he is notified that
there is a valid defense, if the principal will enter himself
defendant to the action and tender to the surety or his
representatives good security to indemnify him, to be
approved by the court. [Code 1881 § 650; RRS § 980.
Prior: 1877 p 135 § 653; 1869 p 151 § 590; 1854 p 211 §
432.]
19.72.100 Notice to creditor to institute action. Any
person bound as surety upon any contract in writing for the
payment of money or the performance of any act, when the
right of action has accrued, may require by notice in writing
the creditor or obligee forthwith to institute an action upon
the contract. [Code 1881 § 644; RRS § 974. Prior: 1877
p 134 § 647; 1869 p 150 § 584; 1854 p 210 § 426. FORMER PART OF SECTION: Code 1881 § 645; RRS § 975,
now codified as RCW 19.72.101.]
19.72.101 Failure of creditor to proceed—Discharge
of surety. If the creditor or obligee shall not proceed within
a reasonable time to bring his action upon such contract, and
prosecute the same to judgment and execution, the surety
shall be discharged from all liability thereon. [Code 1881 §
645; RRS § 975. Prior: 1877 p 134 § 648; 1869 p 150 §
585; 1854 p 210 § 427. Formerly RCW 19.72.100, part.]
19.72.107 Surety bond—Liability limited. (1)
Except under RCW 19.72.109, surety bond means any form
of surety insurance as defined in RCW 48.11.080. A surety
bond may not provide any other type of insurance coverage
defined in chapter 48.11 RCW. Language in any statute,
ordinance, contract, or surety bond to the contrary is void.
(2) A surety bond shall not be liable for damages based
upon or arising out of any:
(a) Tortious injury, including death, to:
(i) Any person; or
(ii) Any real or personal property; or
(b) Failure to have any or adequate insurance coverage,
even if liability under (a) or (b) of this subsection is imposed
on the surety’s principal or the surety by contract, surety
bond, strict liability, ordinance, statute, or common law.
[1992 c 115 § 1.]
(2002 Ed.)
Suretyship
19.72.109 Release from official’s, executor’s,
licensee’s, etc., bond—Definitions. Unless otherwise
required by the context, words as used in RCW 19.72.110,
and 19.72.130 shall mean:
(1) "Bond" shall mean and include any bond, undertaking or writing executed by a principal and surety, required
by law from the principal as an official or employee of the
state, or any county, municipal corporation or taxing district,
or as guardian, executor, administrator, receiver or trustee,
or as a licensee or permittee as a condition to the right to
receive, hold or exercise any license, permit or franchise;
(2) "Surety" shall mean and include any person, firm or
corporation that has executed as surety any bond. [1937 c
145 § 1; RRS § 9942. Formerly RCW 19.72.010.] [SLCRO-17.]
19.72.110 Release from official’s, executor’s,
licensee’s, etc., bond—Notice, service, proof. Any surety
upon any bond described in RCW 19.72.109 desiring to be
released from subsequent liability and responsibility on any
such bond shall serve upon the principal of such bond a
written notice that on and after a certain date to be fixed in
the notice, which shall be not less than ten days from the
date of the service of the notice, the surety will withdraw as
surety from such bond and shall serve a copy of such notice
upon the official with whom such bond is filed not less than
ten days prior to the date fixed in the notice as the date of
termination of liability. If such principal is an individual and
resides within the state of Washington, or is a corporation
doing business in the state of Washington, such notice shall
be personally served upon such individual, or if the principal
is a firm or a corporation, such notice shall be served
personally upon any person upon whom personal service of
summons may be made under the existing laws of the state
of Washington. If the principal is an individual and is not
a resident of the state of Washington, or cannot be found
therein, or if the principal is a foreign corporation, such
notice shall be mailed by registered mail to the last known
address of such principal, if any, which fact shall be shown
by affidavit filed with the notice of withdrawal as hereinafter
provided, and a copy of such notice shall be published once
a week for two consecutive weeks in a newspaper of general
circulation in the county of the residence of the official with
whom such bond is filed. The date of the last publication of
notice shall be not less than twenty days from the date stated
therein as the date upon which the surety will withdraw from
the bond. Proof of such service or publication shall be made
by affidavit and filed with the official with whom the bond
is filed at least ten days before the date fixed in the notice
of withdrawal. [1937 c 145 § 2; RRS § 9943. Formerly
RCW 19.72.110 and 19.72.120.] [SLC-RO-17.]
19.72.130 Release from official’s, executor’s,
licensee’s, etc., bond—Effective date—Failure to give new
bond, effect. On and after the date fixed in the notice as
the termination date the surety shall be released from
subsequent liability on such bond; and, unless before the date
fixed in such notice as the termination date by the surety, a
new bond shall be filed with sufficient and satisfactory
surety as required by law under which the bond was originally furnished and filed, the office, position or trust in the
(2002 Ed.)
19.72.109
case of a public office, guardian, executor, administrator,
receiver or trustee shall become vacant and a successor shall
be appointed as provided by law; and in case of a license,
certificate, permit or franchise, the same shall become null
and void: PROVIDED, HOWEVER, That no surety shall be
released on the bond of any guardian, executor, administrator, receiver, or trustee until such fiduciary shall have
furnished a new bond with surety approved by the court, or
until his successor has been appointed and has qualified and
taken over the fiduciary assets. Said notice of withdrawal
shall be final and not subject to cancellation by said surety
and said license, certificate, permit or franchise can only be
continued upon filing a new bond as above provided. [1937
c 145 § 3; RRS § 9944.] [SLC-RO-17.]
19.72.140 Suretyship—Raising issue as defendant.
When any action is brought against two or more defendants
upon a contract, any one or more of the defendants being
surety for the others, the surety may, upon a written complaint to the court, cause the question of suretyship to be
tried and determined upon the issues made by the parties at
the trial of the cause, or at any time before or after the trial,
or at a subsequent term, but such proceedings shall not affect
the proceedings of the plaintiff. [Code 1881 § 646; RRS §
976. Prior: 1877 p 134 § 649; 1869 p 150 § 586; 1854 p
210 § 428. FORMER PART OF SECTION: Code 1881 §
647; RRS § 977, now codified as RCW 19.72.141.]
19.72.141 Suretyship—Order to exhaust principal’s
property. If the finding upon such issue be in favor of the
surety, the court shall make an order directing the sheriff to
levy the execution upon, and first exhaust the property of the
principal before a levy shall be made upon the property of
the surety, and the clerk shall indorse a memorandum of the
order upon the execution. [Code 1881 § 647; RRS § 977.
Prior: 1877 p 134 § 650; 1869 p 151 § 587; 1854 p 211 §
429. Formerly RCW 19.72.140, part.]
19.72.150 Heirs, etc., bound—Exception. The
provisions of RCW 19.72.070 through 19.72.101, 19.72.140,
19.72.141 shall extend to heirs, executors, and administrators
of deceased persons, but the provisions of RCW 19.72.101
shall not operate against persons under legal disabilities.
[Code 1881 § 651; RRS § 981. Prior: 1877 p 135 § 654;
1869 p 151 § 591; 1854 p 211 § 433.]
19.72.160 Assets—Safekeeping agreements—Joint
control of deposits. It shall be lawful for any party of
whom a bond, undertaking or other obligation is required, to
agree with his surety or sureties for the deposit of any or all
moneys and assets for which he and his surety or sureties are
or may be held responsible, with a bank, savings bank,
savings and loan association, safe deposit or trust company,
authorized by law to do business as such, or with other
depository approved by the court or a judge thereof, if such
deposit is otherwise proper, for the safekeeping thereof, and
in such manner as to prevent the withdrawal of such money
or assets or any part thereof, without the written consent of
such surety or sureties, or an order of court, or a judge
thereof made on such notice to such surety or sureties as
such court or judge may direct: PROVIDED, HOWEVER,
[Title 19 RCW—page 117]
19.72.160
Title 19 RCW: Business Regulations—Miscellaneous
That such agreement shall not in any manner release from or
change the liability of the principal or sureties as established
by the terms of said bond. [1953 c 46 § 1.]
19.72.170 Bonds not to fail for want of form or
substance. No bond required by law, and intended as such
bond, shall be void for want of form or substance, recital, or
condition; nor shall the principal or surety on such account
be discharged, but all the parties thereto shall be held and
bound to the full extent contemplated by the law requiring
the same, to the amount specified in such bond. In all
actions on such defective bond, the plaintiff may state its
legal effect, in the same manner as though it were a perfect
bond. [Code 1881 § 749; 1854 p 219 § 489; RRS § 777.
Formerly RCW 10.19.120, part.] [SLC-RO-10.]
19.72.180 Successive recoveries on bond—
Limitation. In the event of the breach of the condition of
any bond described in RCW 19.72.109, successive recoveries
may be made thereon by any of the obligees thereof:
PROVIDED, HOWEVER, That the total amount of all such
recoveries, whether by one or more of such obligees, shall
not exceed, in the aggregate, the penal sum specified in such
bond. [1959 c 113 § 1.]
19.72.900 Application. This chapter applies to all
sureties, regardless of whether the sureties are compensated
or uncompensated. [1992 c 115 § 2.]
Chapter 19.76
BEVERAGE BOTTLES, ETC.—
LABELING—REFILLING
Sections
19.76.100
19.76.110
19.76.120
Trademark
Labels on bottles, etc.—Filing—Publication.
Refilling bottles, etc.—Forbidden.
Refilling bottles, etc.—Possession as evidence.
registration: Chapter 19.77 RCW.
19.76.100 Labels on bottles, etc.—Filing—
Publication. All persons engaged in the manufacture,
bottling or selling of ale, porter, lager beer, soda, mineral
water, or other beverages in casks, kegs, bottles or boxes,
with their names or other marks of ownership stamped or
marked thereon, may file in the office of the secretary of
state a description of names or marks so used by them, and
publish the same in a newspaper of general circulation in the
county, printed in the English language, once a week for six
successive weeks, in counties where the articles are manufactured, bottled or sold. [1985 c 469 § 11; 1981 c 302 § 1;
1897 c 38 § 1; RRS § 11546.]
Severability—1981 c 302: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 302 § 40.]
Alcoholic beverage control: Title 66 RCW.
Labeling of spirits, etc.: RCW 66.28.100 through 66.28.120.
19.76.110 Refilling bottles, etc.—Forbidden. It is
hereby declared to be unlawful for any person or persons
hereafter, without the written consent of the owner or owners
[Title 19 RCW—page 118]
thereof, to fill with ale, porter, lager beer or soda, mineral
water or other beverages, for sale or to be furnished to
customers, any such casks, barrels, kegs, bottles or boxes so
marked or stamped, or to sell, dispose of, buy or traffic in,
or wantonly destroy any such cask, barrel, keg, bottle or box
so marked, stamped, by the owner or owners thereof, after
such owner or owners shall have complied with the provisions of RCW 19.76.100. Any person or persons who shall
violate any of the provisions of RCW 19.76.100 through
19.76.120 shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined five dollars for each
and every cask, barrel, keg, or box, and fifty cents for each
and every bottle so by him, her or them filled, bought, sold,
used, trafficked in or wantonly destroyed, together with costs
of suit for first offense, and ten dollars for each and every
cask, barrel, keg and box and one dollar for each and every
bottle so filled, bought, sold, used, trafficked in, or wantonly
destroyed, together with the costs of suit for each subsequent
offense. [1897 c 38 § 2; RRS § 11547.]
Crimes relating to brands and marks: Chapter 9.16 RCW.
19.76.120 Refilling bottles, etc.—Possession as
evidence. The using by any person other than the rightful
owner thereof, without such written permission, of any such
cask, barrel, keg, bottle or box, for the sale therein of ale,
porter, lager beer, soda, mineral waters or other beverages,
or to be furnished to customers, or the buying, selling or
trafficking in any such barrel, keg, bottle or box, by any
person other than the owner, without such written permission, or the fact that any junk dealer or dealers in casks, barrels, kegs, bottles or boxes, shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or
stamped and registered as aforesaid, without such written
permission, shall and is hereby declared to be prima facie
evidence that such use, buying, selling, trafficking in or
possession is unlawful within the meaning of RCW
19.76.100 through 19.76.120. [1897 c 38 § 3; RRS §
11548.]
Chapter 19.77
TRADEMARK REGISTRATION
Sections
19.77.010
19.77.015
19.77.020
19.77.030
19.77.040
19.77.050
19.77.060
19.77.070
19.77.080
19.77.090
19.77.110
19.77.130
19.77.140
19.77.150
19.77.160
19.77.170
19.77.900
Definitions.
Reservation—Fees—Rules.
Registration of certain trademarks prohibited.
Application for registration—Fee—Rules—Corrections—
Amendment for change in categories.
Certificate of registration—Issuance—Contents—
Admissibility in evidence.
Duration of certificate—Renewal—Fees—Rules.
Assignment of trademark, registration, or application—Fee—
Rules.
Secretary of state to keep records.
Secretary of state must cancel certain registrations.
Actions relating to registration—Service on secretary of
state—Assessment—Set by rule.
Classification of goods.
Fraudulent registration—Financial liability.
Trademark imitation.
Remedies of registrants.
Injunctive relief for owners of famous marks.
Use of trademark employed by alien person outside of United States—Limitation of damages, relief—Exceptions.
Common law rights preserved prior to registration.
(2002 Ed.)
Trademark Registration
19.77.910 Saving—1955 c 211.
19.77.920 Severability—1955 c 211.
19.77.930 Construction—1989 c 72.
19.77.940 Prospective application—1989 c 72.
Crimes relating to trademarks: Chapter 9.16 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
19.77.010 Definitions. As used in this chapter:
(1) "Alien" when used with reference to a person means
a person who is not a citizen of the United States;
(2) "Applicant" means the person filing an application
for registration of a trademark under this chapter, his legal
representatives, successors, or assigns of record with the
secretary of state;
(3) "Domestic" when used with reference to a person
means a person who is a citizen of the United States;
(4) The term "colorable imitation" includes any mark
which so resembles a registered mark as to be likely to cause
confusion or mistake or to deceive;
(5) A "counterfeit" is a spurious mark which is identical
with, or substantially indistinguishable from, a registered
mark;
(6) "Dilution" means the material reduction of the
distinctive quality of a famous mark through use of a mark
by another person, regardless of the presence or absence of
(a) competition between the users of the mark, or (b) likelihood of confusion, mistake, or deception arising from that
use;
(7) "Person" means any individual, firm, partnership,
corporation, association, union, or other organization;
(8) "Registered mark" means a trademark registered
under this chapter;
(9) "Registrant" means the person to whom the registration of a trademark under this chapter is issued, his legal
representatives, successors, or assigns of record with the
secretary of state;
(10) "Trademark" or "mark" means any word, name,
symbol, or device or any combination thereof adopted and
used by a person to identify goods made or sold by him and
to distinguish them from goods made or sold by others, and
any word, name, symbol, or device, or any combination
thereof, and any title, designation, slogan, character name,
and distinctive feature of radio or television programs used
in the sale or advertising of services to identify the services
of one person and distinguish them from the services of
others;
(11) A trademark shall be deemed to be "used" in this
state when it is placed in any manner on the goods or their
containers, or on tabs or labels affixed thereto, or displayed
in connection with such goods, and such goods are sold or
otherwise distributed in this state, or when it is used or displayed in the sale or advertising of services rendered in this
state;
(12) "Trade name" shall have the same definition as
under RCW 19.80.005(1);
(13) A mark shall be deemed to be "abandoned":
(a) When its use has been discontinued with intent not
to resume. Intent not to resume may be inferred from
circumstances. Nonuse for two consecutive years shall be
prima facie abandonment; or
(2002 Ed.)
Chapter 19.77
(b) When any course of conduct of the registrant,
including acts of omission as well as commission, causes the
mark to lose its significance as an indication of origin.
Purchaser motivation shall not be a test for determining
abandonment under this subsection. [1994 c 60 § 6; 1989 c
72 § 1; 1955 c 211 § 1.]
Effective date—1955 c 211: "This act shall be in force and take
effect on September 1, 1955." [1955 c 211 § 19.]
19.77.015 Reservation—Fees—Rules. The exclusive
right to the use of a trademark may be reserved by:
(1) A person intending to register a trademark under this
title; or
(2) A domestic or foreign corporation intending to
change its trademark.
The reservation shall be made by filing with the
secretary of state an application to reserve a specified
trademark or service mark, executed by or on behalf of the
applicant, one copy of the trademark artwork, and fees as set
by rule by the secretary of state. If the secretary of state
finds that the trademark is available for use, the secretary of
state shall reserve the trademark for the exclusive use of the
applicant for a period of one hundred eighty days. The
reservation is limited to one filing. [1994 c 60 § 2.]
19.77.020 Registration of certain trademarks
prohibited. A trademark by which the goods or services of
any applicant for registration may be distinguished from the
goods or services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive, or
scandalous matter; or
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or
dead, institutions, beliefs, or national symbols, or bring them
into contempt or disrepute; or
(3) Consists of or comprises the flag or coat of arms or
other insignia of the United States, or of any state or
municipality, or of any foreign nation, or any simulation
thereof; or
(4) Consists of or comprises the name, portrait, or
signature identifying a particular living individual who has
not consented in writing to its registration; or
(5) Consists of a mark which,
(a) when applied to the goods or services of the applicant is merely descriptive or deceptively misdescriptive of
them, or
(b) when applied to the goods or services of the
applicant is primarily geographically descriptive or deceptively misdescriptive of them, or
(c) is primarily merely a surname: PROVIDED, That
nothing in this subsection shall prevent the registration of a
trademark used in this state by the applicant which has
become distinctive of the applicant’s goods or services. The
secretary of state may accept as prima facie evidence that the
trademark has become distinctive, as used on or in connection with the applicant’s goods or services, proof of substantially exclusive and continuous use thereof as a trademark by
the applicant in this state or elsewhere in the United States
for the five years next preceding the date of the filing of the
application for registration; or
[Title 19 RCW—page 119]
19.77.020
Title 19 RCW: Business Regulations—Miscellaneous
(6) Consists of or comprises a trademark which so
resembles a trademark registered in this state, or a trademark
or trade name used in this state by another prior to the date
of the applicant’s or applicant’s predecessor’s first use in this
state and not abandoned, as to be likely, when applied to the
goods or services of the applicant, to cause confusion or
mistake or to deceive.
A trade name is not registrable under this chapter.
However, if a trade name also functions as a trademark, it is
registrable as a trademark.
The secretary of state shall make a determination of
registerability by considering the application record and the
marks previously registered and subsisting under this
chapter. [1989 c 72 § 2; 1955 c 211 § 2.]
19.77.030 Application for registration—Fee—
Rules—Corrections—Amendment for change in categories. (1) Subject to the limitations set forth in this chapter,
any person who has adopted and is using a trademark in this
state may file in the office of the secretary of state, on a
form to be furnished by the secretary of state, an application
for registration of that trademark setting forth, but not
limited to, the following information:
(a) The name and business address of the applicant, and,
if the applicant is a corporation, its state of incorporation;
(b) The particular goods or services in connection with
which the trademark is used and the class in which such
goods or services fall;
(c) The manner in which the trademark is placed on or
affixed to the goods or containers, or displayed in connection
with such goods, or used in connection with the sale or
advertising of the services;
(d) The date when the trademark was first used with
such goods or services anywhere and the date when it was
first used with such goods or services in this state by the
applicant or his predecessor in business;
(e) A statement that the trademark is presently in use in
this state by the applicant;
(f) A statement that the applicant believes himself to be
the owner of the trademark and believes that no other person
has the right to use such trademark in connection with the
same or similar goods or services in this state either in the
identical form or in such near resemblance thereto as to be
likely, when used on or in connection with the goods or
services of such other person, to cause confusion or mistake
or to deceive; and
(g) Such additional information or documents as the
secretary of state may reasonably require.
(2) A single application for registration of a trademark
may specify all goods or services in a single class or in
multiple classes for which the trademark is actually being
used.
(3) The application shall be signed by the applicant
individual, or by a member of the applicant firm, or by an
officer of the applicant corporation, association, union or
other organization.
(4) The application shall be accompanied by three
specimens or facsimiles of the trademark for each of the
goods or services for which its registration is requested, and
a filing fee, as set by rule by the secretary of state, payable
to the secretary of state. The fee established by the secretary
[Title 19 RCW—page 120]
may vary based upon the number of categories listed in the
application.
(5) An applicant may correct an application previously
filed by the secretary of state, within ninety days of the
original filing, if the application contains an incorrect
statement or the application was defectively executed,
signed, or acknowledged. An application is corrected by
filing a form provided by the secretary of state, and accompanied by a filing fee established by the secretary by rule.
The correction may not change the mark itself. A corrected
application is effective on the effective date of the document
it corrects, except that it is effective on the date the correction is filed as to persons relying on the uncorrected document and adversely affected by the correction.
(6) An applicant may amend an application previously
filed by the secretary of state if the applicant changes the
categories in which it does business. An application is
amended by filing a form provided by the secretary of state,
accompanied by three specimens or facsimiles of the
trademark for any new or additional goods or services for
which the amendment is requested, and a filing fee established by the secretary by rule. The amendment or correction may not change the mark itself. An amended application is effective on the date it is filed. [1998 c 39 § 1; 1994
c 60 § 1; 1989 c 72 § 3; 1982 c 35 § 181; 1955 c 211 § 3.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.040 Certificate of registration—Issuance—
Contents—Admissibility in evidence. Upon compliance by
the applicant with the requirements of this chapter, the
secretary of state shall issue a certificate of registration and
deliver it to the applicant. The certificate of registration
shall be issued under the signature of the secretary of state
and the seal of the state, and it shall show the registrant’s
name and business address and, if the registrant is a corporation, its state of incorporation, the date claimed for the first
use of the trademark anywhere, the date claimed for the first
use of the trademark in this state, the particular goods or
services for which the trademark is used, the class in which
such goods and services fall, a reproduction of the trademark, the registration date and the term of the registration.
Any certificate of registration issued by the secretary of
state under the provisions hereof or a copy thereof duly
certified by the secretary of state shall be admissible in any
action or judicial proceeding in any court of this state as
prima facie evidence of:
(1) The validity of the registration of the trademark;
(2) The registrant’s ownership of the trademark; and
(3) The registrant’s exclusive right to use the trademark
in this state in connection with the goods or services
specified in the certificate, subject to any conditions and
limitations stated in the certificate.
Registration of a trademark under this chapter shall be
constructive notice of the registrant’s claim of ownership of
the trademark throughout this state. [1989 c 72 § 4; 1955 c
211 § 4.]
19.77.050 Duration of certificate—Renewal—Fees—
Rules. Registration of a trademark hereunder shall be
effective for a term of six years from the date of registration.
(2002 Ed.)
Trademark Registration
Upon application filed within six months prior to the
expiration of such term, on a form to be furnished by the
secretary of state requiring all the allegations of an application for original registration, the registration may be renewed
for successive terms of six years as to the goods or services
for which the trademark is still in use in this state. A
renewal fee as set by rule by the secretary of state, payable
to the secretary of state, shall accompany each application
for renewal of the registration.
The secretary of state shall notify registrants of trademarks hereunder or their agents for service of record with
the secretary of state of the necessity of renewal within the
year, but not less than six months, next preceding the
expiration of the unexpired original or renewed term by
writing to the last known address of the registrants or their
agents according to the files of the secretary of state.
Neither the secretary of state’s failure to notify a registrant
nor the registrant’s nonreceipt of a notice under this section
shall extend the term of a registration or excuse the
registrant’s failure to renew a registration. [1994 c 60 § 3;
1989 c 72 § 5; 1982 c 35 § 182; 1955 c 211 § 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.060 Assignment of trademark, registration, or
application—Fee—Rules. Any trademark and its registration or application for registration hereunder shall be
assignable with the good will of the business in which the
trademark is used, or with that part of the good will of the
business connected with the use of and symbolized by the
trademark. An assignment by an instrument in writing duly
executed and acknowledged, or the designation of a legal
representative, successor, or agent for service shall be
recorded by the secretary of state on request when accompanied by a fee, as set by rule by the secretary of state,
payable to the secretary of state. On request, upon recording
of the assignment and payment of a further fee of five
dollars, the secretary of state shall issue in the name of the
assignee a new certificate for the remainder of the unexpired
original or renewal term of the registration. An assignment
of any registration or application for registration under this
chapter shall be void as against any subsequent purchaser for
a valuable consideration without notice, unless it is recorded
with the secretary of state within three months after the date
thereof or prior to such subsequent purchase. [1994 c 60 §
4; 1982 c 35 § 183; 1955 c 211 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.070 Secretary of state to keep records. The
secretary of state shall keep for public examination a record
of all trademarks registered or renewed under this chapter,
and the records specified in RCW 19.77.060. [1955 c 211
§ 7.]
19.77.080 Secretary of state must cancel certain
registrations. The secretary of state shall cancel from the
register:
(1) Any registration concerning which the secretary of
state shall receive a voluntary written request for cancellation
thereof from the registrant;
(2002 Ed.)
19.77.050
(2) All expired registrations not renewed under this
chapter;
(3) Any registration concerning which a court of
competent jurisdiction has rendered a final judgment against
the registrant, which has become unappealable, canceling the
registration or finding that:
(a) The registered trademark has been abandoned;
(b) The registrant under this chapter or under a prior act
is not the owner of the trademark;
(c) The registration was granted contrary to the provisions of this chapter;
(d) The registration was obtained fraudulently;
(e) The registered trademark has become incapable of
serving as a trademark; or
(f) The registered trademark is so similar to a trademark
registered by another person in the United States patent and
trademark office, prior to the date of the filing of the
application for registration by the registrant hereunder, and
not abandoned, as to be likely to cause confusion or mistake
or to deceive: PROVIDED, That such finding was made on
petition of such other person and that should the registrant
prove that he or she is the owner of a concurrent registration
of the trademark in the United States patent and trademark
office covering an area including this state, the registration
hereunder shall not be canceled. [1989 c 72 § 6; 1955 c 211
§ 8.]
19.77.090 Actions relating to registration—Service
on secretary of state—Assessment—Set by rule. The
secretary of state shall be the agent for service of process in
any action relating to the registration of any registrant who
is at the time of such service a nonresident or a foreign firm,
corporation, association, union, or other organization without
a resident of this state designated as the registrant’s agent for
service of record with the secretary of state, or who cannot
be found in this state, and service of process, pleadings and
papers in such action made upon the secretary of state shall
be held as due and sufficient process upon the registrant.
The secretary of state shall charge and collect an assessment,
as set by rule by the secretary of state, at the time of any
service of process upon the secretary of state under this
section. The assessment may be recovered as taxable costs
by the party to the suit or action causing such service to be
made if such party prevails in the suit or action. The
assessment shall be deposited in the secretary of state’s
revolving fund. [1994 c 287 § 5; 1982 c 35 § 184; 1955 c
211 § 9.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
19.77.110 Classification of goods. The International
Classification of Goods and Services to Which Trademarks
Are Applied, as adopted in accordance with the Nice
Agreement of 1957, as amended, shall be used for the
convenient administration of this chapter. Such classification
shall not be deemed to limit or extend the applicant’s or
registrant’s rights. The short titles of such classifications are
as follows:
(1) Chemicals.
(2) Paints.
(3) Cosmetics and cleaning preparation.
[Title 19 RCW—page 121]
19.77.110
Title 19 RCW: Business Regulations—Miscellaneous
(4) Lubricants and fuels.
(5) Pharmaceuticals.
(6) Metal goods.
(7) Machinery.
(8) Hand tools.
(9) Electrical and scientific apparatus.
(10) Medical apparatus.
(11) Environmental control apparatus.
(12) Vehicles.
(13) Firearms.
(14) Jewelry.
(15) Musical instruments.
(16) Paper goods and printed matter.
(17) Rubber goods.
(18) Leather goods.
(19) Nonmetallic building materials.
(20) Furniture and articles not otherwise classified.
(21) Housewares and glass.
(22) Cordage and fibers.
(23) Yarns and threads.
(24) Fabrics.
(25) Clothing.
(26) Fancy goods.
(27) Floor coverings.
(28) Toys and sporting goods.
(29) Meats and processed foods.
(30) Staple foods.
(31) Natural agricultural products.
(32) Light beverages.
(33) Wines and spirits.
(34) Smokers’ articles.
(35) Advertising and business.
(36) Insurance and financial.
(37) Construction and repair.
(38) Communication.
(39) Transportation and storage.
(40) Material treatment.
(41) Education and entertainment.
(42) Miscellaneous. [1989 c 72 § 7; 1955 c 211 § 11.]
19.77.130 Fraudulent registration—Financial
liability. Any person who shall for himself, or on behalf of
any other person, procure the registration of any trademark
by the secretary of state under the provisions of this chapter,
by knowingly making any false or fraudulent representation
or declaration, or by any other fraudulent means, shall be
liable to pay all damages sustained in consequence of such
registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction, together
with costs of such action including reasonable attorneys’
fees. [1989 c 72 § 8; 1955 c 211 § 13.]
19.77.140 Trademark imitation. (1) Subject to the
provisions of RCW 19.77.900 any person who shall:
(a) Use, without the consent of the registrant, any
reproduction, counterfeit, copy, or colorable imitation of a
trademark registered under this chapter in connection with
the sale, offering for sale, or advertising of any goods or
services on or in connection with which such use is likely to
cause confusion or mistake or to deceive; or
[Title 19 RCW—page 122]
(b) Reproduce, counterfeit, copy or colorably imitate
any such trademark and apply such reproduction, counterfeit,
copy or colorable imitation to labels, signs, prints, packages,
wrappers, receptacles, or advertisements intended to be used
upon or in connection with the sale or other distribution of
goods or services in this state on or in connection with
which such use is likely to cause confusion, or to cause
mistake, or to deceive
shall be liable to a civil action by the registrant for any or all
of the remedies provided in RCW 19.77.150, except that
under (b) of this subsection the registrant shall not be
entitled to recover profits or damages unless the acts have
been committed with knowledge that such imitation is
intended to be used to cause confusion or mistake, or to
deceive.
(2) In determining whether, under this chapter, there is
a likelihood of confusion, mistake, or deception between
marks when used in association with goods or services, the
court shall consider all relevant factors, including, but not
limited to the following:
(a) The similarity or dissimilarity of the marks in their
entireties to appearance, sound, meaning, connotation, and
commercial impression;
(b) The similarity or dissimilarity of the goods or
services and nature of the goods and services;
(c) The similarity or dissimilarity of trade channels;
(d) The conditions under which sales are made and
buyers to whom sales are made;
(e) The fame of the marks;
(f) The number and nature of similar marks in use on
similar goods or services;
(g) The nature and extent of any actual confusion;
(h) The length of time during and conditions under
which there has been concurrent use without evidence of
actual confusion;
(i) The variety of goods or services on which each of
the marks is or is not used;
(j) The nature and extent of potential confusion, i.e.,
whether de minimis or substantial;
(k) Any other established fact probative of the effect of
use. [1989 c 72 § 9; 1955 c 211 § 14.]
19.77.150 Remedies of registrants. Any registrant
may proceed by suit to enjoin the manufacture, use, display,
or sale of any counterfeits or colorable imitations of a
trademark registered under this chapter, and any court of
competent jurisdiction may grant an injunction to restrain
such manufacture, use, display, or sale as may be by the said
court deemed just and reasonable, and may require the
defendants to pay to such registrant all profits derived from
and/or all damages suffered by reason of such wrongful
manufacture, use, display, or sale; and such court may also
order that any such counterfeits or colorable imitations in the
possession or under the control of any defendant in such
case be delivered to an officer of the court, or to the
registrant, to be destroyed. In exceptional cases the court
may award to the prevailing party the costs of the suit
including reasonable attorneys’ fees.
The enumeration of any right or remedy herein shall not
affect a registrant’s right to prosecute under any penal law
of this state. [1989 c 72 § 11; 1955 c 211 § 15.]
(2002 Ed.)
Trademark Registration
19.77.160 Injunctive relief for owners of famous
marks. The owner of a famous mark shall be entitled,
subject to the principles of equity, to an injunction against
another person’s use in this state of a mark, commencing
after the mark becomes famous, which causes dilution of the
distinctive quality of the mark, and to obtain such other
relief as is provided in this section. In determining whether
a mark is famous and has distinctive quality, a court shall
consider all relevant factors, including, but not limited to the
following:
(1) Whether the mark is inherently distinctive or has
become distinctive through substantially exclusive and
continuous use;
(2) Whether the duration and extent of use of the mark
are substantial;
(3) Whether the duration and extent of advertising and
publicity of the mark are substantial;
(4) Whether the geographical extent of the trading area
in which the mark is used is substantial;
(5) Whether the mark has substantial renown in its and
in the other person’s trading areas and channels of trade; and
(6) Whether substantial use of the same or similar marks
is being made by third parties.
The owner shall be entitled only to injunctive relief in
an action brought under this section, unless the subsequent
user willfully intended to trade on the registrant’s reputation
or to cause dilution of the owner’s mark. If such willful
intent is proven, the owner shall also be entitled to the
remedies set forth in this chapter, subject to the discretion of
the court and the principles of equity. [1989 c 72 § 10.]
19.77.170 Use of trademark employed by alien
person outside of United States—Limitation of damages,
relief—Exceptions. Damages or equitable relief of any
nature may not be awarded in any pending or future legal
procedure in favor of an alien person against a domestic
person on account of the domestic person’s use of a trademark or trade name in this state that is employed by the
alien person outside of the United States, absent proof that:
(1) The alien person had commenced to employ the
trademark or trade name in connection with the sale of its
goods or services within the United States prior to the time
the domestic person commenced to use the trademark or
trade name in this state; or
(2) That the trademark was registered by the United
States patent and trademark office or reserved by the
secretary of state to the alien person at the time the domestic
person commenced to use it. This section applies regardless
of the nature of the claim asserted and whether the claim
upon which any such relief is sought arises by statute, under
the common law, or otherwise. [1994 c 60 § 7.]
19.77.900 Common law rights preserved prior to
registration. Nothing herein shall adversely affect the rights
or the enforcement of rights in trademarks acquired in good
faith at common law prior to registration under this chapter;
however, during any period subsequent to July 23, 1989,
when the registration of a mark under this chapter is in force
and the registrant has not abandoned the trademark, no
common law rights as against the registrant may be acquired.
[1989 c 72 § 12; 1955 c 211 § 16.]
(2002 Ed.)
19.77.160
19.77.910 Saving—1955 c 211. As to any pending
suit, proceeding or appeal, and for that purpose only, the
repeal of prior acts shall be deemed not to be effective until
final determination. [1955 c 211 § 17.]
19.77.920 Severability—1955 c 211. If any provision
of this chapter is for any reason held to be unconstitutional,
such decision shall not affect the validity of the remaining
portions. [1955 c 211 § 20.]
19.77.930 Construction—1989 c 72. It is the intent
of the legislature that, in construing this chapter, the courts
be guided by the interpretation given by the federal courts to
the federal trademark act of 1946, as amended, 15 U.S.C.,
Sec. 1051, et seq. [1989 c 72 § 13.]
19.77.940 Prospective application—1989 c 72.
Chapter 72, Laws of 1989 applies prospectively only and not
retroactively. The rights and obligations of chapter 72, Laws
of 1989 shall accrue upon July 23, 1989, to all prior trademark registrations then in effect, and the provisions of
chapter 72, Laws of 1989 shall not apply to any cause of
action arising prior to July 23, 1989. [1989 c 72 § 14.]
Chapter 19.80
TRADE NAMES
Sections
19.80.001
19.80.005
19.80.010
19.80.025
19.80.040
19.80.045
19.80.065
19.80.075
19.80.900
Purposes.
Definitions.
Registration required.
Changes in registration—Filing notice of change.
Failure to file.
Rules—Fees.
RCW 42.17.260(9) inapplicable.
Collection and deposit of fees.
Severability—1984 c 130.
19.80.001 Purposes. The purposes of this chapter are:
(1) To require each person who is conducting business in the
state of Washington under a trade name to disclose the true
and real name of each person conducting that business, and
(2) to provide a central registry of businesses operating
under a trade name in the state of Washington. [1984 c 130
§ 1.]
Effective date—1984 c 130: "Sections 1 through 11 of this act shall
take effect on October 1, 1984. The director of licensing is authorized to
immediately take such steps as are necessary to insure that this act is
implemented on its effective date." [1984 c 130 § 12.]
19.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Trade name" means a word or name, or any
combination of a word or name, used by a person to identify
the person’s business which:
(a) Is not, or does not include, the true and real name of
all persons conducting the business; or
(b) Includes words which suggest additional parties of
interest such as "company," "and sons," or "and associates."
(2) "Business" means an occupation, profession, or
employment engaged in for the purpose of seeking a profit.
[Title 19 RCW—page 123]
19.80.005
Title 19 RCW: Business Regulations—Miscellaneous
(3) "Person" means any individual, partnership, limited
liability company, or corporation conducting or having an
interest in a business in the state.
(4) "True and real name" means:
(a) The surname of an individual coupled with one or
more of the individual’s other names, one or more of the
individual’s initials, or any combination;
(b) The designation or appellation by which an individual is best known and called in the business community where
that individual transacts business, if this is used as that
individual’s legal signature;
(c) The registered corporate name of a domestic
corporation as filed with the secretary of state;
(d) The registered corporate name of a foreign corporation authorized to do business within the state of Washington
as filed with the secretary of state;
(e) The registered partnership name of a domestic
limited partnership as filed with the secretary of state;
(f) The registered partnership name of a foreign limited
partnership as filed with the secretary of state; or
(g) The name of a general partnership which includes in
its name the true and real names, as defined in (a) through
(f) of this subsection, of each general partner as required in
RCW 19.80.010. [2000 c 174 § 1; 1996 c 231 § 2; 1984 c
130 § 2.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.010 Registration required. Each person or
persons who shall carry on, conduct, or transact business in
this state under any trade name shall register that trade name
with the department of licensing as set forth in this section:
(1) Sole proprietorship or general partnership: The
registration shall set forth the true and real name or names
of each person conducting the same, together with the post
office address or addresses of each such person and the
name of the general partnership, if applicable.
(2) Foreign or domestic limited partnership: The
registration shall set forth the limited partnership name as
filed with the office of the secretary of state.
(3) Foreign or domestic limited liability company: The
registration shall set forth the limited liability company name
as filed with the office of the secretary of state.
(4) Foreign or domestic corporation: The registration
shall set forth the corporate name as filed with the office of
the secretary of state. [2000 c 174 § 2; 1996 c 231 § 3;
1984 c 130 § 3; 1979 ex.s. c 22 § 1; 1907 c 145 § 1; RRS
§ 9976.]
Effective date—1984 c 130: See note following RCW 19.80.001.
Adoption of rules—1979 ex.s. c 22: "The director of the department
of licensing shall promulgate such rules and regulations as are necessary to
implement the transfer of duties and of records required by section 1 of this
1979 act. Such rules shall provide for transfer of existing certificates from
the counties to the department, set fees for filing of certificates and
amendments, and set fees for obtaining copies thereof." [1979 ex.s. c 22 §
3.]
Effective date—1979 ex.s. c 22: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1979." [1979 ex.s. c 22 § 4.]
19.80.025 Changes in registration—Filing notice of
change. (1) A notice of change shall be filed with the
department of licensing when a change occurs in:
[Title 19 RCW—page 124]
(a) The true and real name of a person conducting a
business with a trade name registered under this chapter; or
(b) Any mailing address set forth on the registration or
any subsequently filed notice of change.
(2) A notice of cancellation shall be filed with the
department when use of a trade name is discontinued.
(3) A notice of cancellation, together with a new
registration, shall be filed before conducting or transacting
any business when:
(a) An addition, deletion, or any change of person or
persons conducting business under the registered trade name
occurs; or
(b) There is a change in the wording or spelling of the
trade name since initial registration or renewal. [2000 c 174
§ 3; 1984 c 130 § 5.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.040 Failure to file. No person or persons
carrying on, conducting, or transacting business under any
trade name shall be entitled to maintain any suit in any of
the courts of this state until such person or persons have
properly completed the registration as provided for in RCW
19.80.010. Failure to complete this registration shall not
impair the validity of any contract or act of such person or
persons and shall not prevent such person or persons from
defending any suit in any court of this state. [1984 c 130 §
7; 1907 c 145 § 5; RRS § 9980. Formerly RCW 19.80.040
and 19.80.050.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.045 Rules—Fees. The director of licensing
shall adopt rules as necessary to administer this chapter.
The rules may include but are not limited to specifying
forms and setting fees for trade name registrations, amendments, searches, renewals, and copies of registration documents. Fees shall not exceed the actual cost of administering this chapter. [1984 c 130 § 6.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.065 RCW 42.17.260(9) inapplicable. RCW
42.17.260(9) does not apply to registrations made under this
chapter. [2000 c 171 § 59; 1984 c 130 § 8.]
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.075 Collection and deposit of fees. All fees
collected by the department of licensing under this chapter
shall be deposited with the state treasurer and credited to the
master license fund, except for trade name registration fees
collected from June 1, 1992, to June 30, 1992, which shall
be deposited in the general fund. Beginning July 1, 1992,
trade name registration fees shall be deposited in the master
license fund. [1992 c 107 § 6; 1984 c 130 § 9.]
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1984 c 130: See note following RCW 19.80.001.
19.80.900 Severability—1984 c 130. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 130 § 11.]
(2002 Ed.)
Trade Names
Effective date—1984 c 130: See note following RCW 19.80.001.
Chapter 19.83
TRADING STAMP LICENSES
Sections
19.83.010
License required to use or furnish trading stamps, coupons,
or similar devices.
19.83.020 Issuance of license—Fee.
19.83.030 Furnishing or selling trading stamps, coupons, or similar
devices geographically limited.
19.83.040 Coupons or similar devices—Exemptions.
19.83.050 Penalty.
Trading stamps and premiums, general provision: Chapter 19.84 RCW.
19.83.010 License required to use or furnish
trading stamps, coupons, or similar devices. Every person
who uses, or furnishes, or sells to any other person for use,
in, with, or for the sale of any goods, any trading stamps,
coupons, tickets, certificates, cards or other similar devices
which entitle the purchaser to procure any goods free of
charge or for less than the retail market price thereof, upon
the production of any number of such trading stamps,
coupons, tickets, certificates, cards, or other similar devices,
shall before so furnishing, selling, or using the same obtain
a separate license from the auditor of each county wherein
such furnishing or selling or using shall take place for each
and every store or place of business in that county, owned
or conducted by such person from which such furnishing or
selling, or in which such using shall take place. [1913 c 134
§ 1; RRS § 8359. Formerly RCW 36.91.010.]
19.83.020 Issuance of license—Fee. In order to
obtain such license the person applying therefor shall pay to
the county treasurer of the county for which the license is
sought the sum of six thousand dollars, and upon such
payment being made to the county treasurer he shall issue
his receipt therefor which shall be presented to the auditor of
the county, who shall upon the presentation thereof issue to
the person making such payment a license to furnish or sell,
or a license to use, for one year, trading stamps, coupons,
tickets, certificates, cards, or other similar devices. Such license shall contain the name of the licensee, the date of its
issue, the date of its expiration, the city or town in which
and the location at which the same shall be used, and the
license shall be used at no place other than that mentioned
therein. [1913 c 134 § 2; RRS § 8360. Formerly RCW
36.91.020.]
19.83.030 Furnishing or selling trading stamps,
coupons, or similar devices geographically limited. No
person shall furnish or sell to another for use, in, with, or for
the sale of any goods, any trading stamps, coupons, tickets,
certificates, cards, or other similar devices to be used in any
county, city or town in this state other than that in which
such furnishing or selling shall take place. [1957 c 221 § 2.
Prior: 1939 c 31 § 1, part; 1913 c 134 § 3, part; RRS §
8361, part. Formerly RCW 36.91.030.]
(2002 Ed.)
19.80.900
19.83.040 Coupons or similar devices—Exemptions.
(1) Nothing in this chapter, or in any other statute or
ordinance of this state, shall apply to:
(a) The issuance and direct redemption by a manufacturer of a premium coupon, certificate, or similar device; or
prevent him from issuing and directly redeeming such
premium coupon, certificate, or similar device, which,
however, shall not be issued, circulated, or distributed by
retail vendors except when contained in or attached to an
original package;
(b) The publication by, or distribution through, newspapers or other publications of coupons, certificates, or similar
devices; or
(c) A coupon, certificate, or similar device which is
within, attached to, or a part of a package or container as
packaged by the original manufacturer and which is to be
redeemed by another manufacturer, if:
(i) The coupon, certificate, or similar device clearly
states the names and addresses of both the issuing manufacturer and the redeeming manufacturer; and
(ii) The issuing manufacturer is responsible for redemption of the coupon, certificate, or similar device if the
redeeming manufacturer fails to do so.
(2) The term "manufacturer," as used in this section,
means any vendor of an article of merchandise which is put
up by or for him in an original package and which is sold
under his or its trade name, brand, or mark. [1983 c 40 § 1;
1972 ex.s. c 104 § 1; 1957 c 221 § 3. Prior: 1939 c 31 §
1, part; 1913 c 134 § 3, part; RRS § 8361, part. Formerly
RCW 36.91.040.]
Severability—1983 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 40 § 2.]
19.83.050 Penalty. Any person violating any of the
provisions of this chapter shall be guilty of a gross misdemeanor. [1913 c 134 § 4; RRS § 8362. Formerly RCW
36.91.050.]
Chapter 19.84
TRADING STAMPS AND PREMIUMS
Sections
19.84.010 Redeemable cash value to be printed on face.
19.84.020 Must redeem at cash value.
19.84.030 Distributor liable.
19.84.040 Criminal penalty.
Trading stamp licenses: Chapter 19.83 RCW.
19.84.010 Redeemable cash value to be printed on
face. No person shall sell or issue any stamps, trading
stamp, cash discount stamp, check, ticket, coupon or other
similar device, which will entitle the holder thereof, on
presentation thereof, either singly or in definite number, to
receive, either directly from the vendor or indirectly through
any other person, money or goods, wares or merchandise,
unless each of said stamps, trading stamps, cash discount
stamps, checks, tickets, coupons or other similar devices
shall have legibly printed or written upon the face thereof
the redeemable value thereof in cents. [1907 c 253 § 1;
RRS § 5837.]
[Title 19 RCW—page 125]
19.84.020
Title 19 RCW: Business Regulations—Miscellaneous
19.84.020 Must redeem at cash value. Any person
who shall sell or issue to any person engaged in any trade,
business or profession, any stamp, trading stamp, cash
discount stamp, check, ticket, coupon, or other similar device
which will entitle the holder thereof, on presentation thereof
either singly or in definite number, to receive either directly
from the vendor or indirectly through any other person,
money or goods, wares or merchandise, shall, upon presentation, redeem the same either in goods, wares or merchandise,
or in cash, good and lawful money of the United States, at
the option of the holder thereof, and any number of such
stamps, trading stamps, cash discount stamps, checks, tickets,
coupons, or other similar devices shall be redeemed as
hereinbefore set forth, at the value in cents printed upon the
face thereof, and it shall not be necessary for the holder
thereof to have any stipulated number of the same before
demand for redemption may be made, but they shall be
redeemed in any number, when presented, at the value in
cents printed upon the face thereof, as hereinbefore provided.
[1907 c 253 § 2; RRS § 5838.]
19.84.030 Distributor liable. Any person engaged in
any trade, business or profession who shall distribute, deliver
or present to any person dealing with him, in consideration
of any article or thing purchased, any stamp, trading stamp,
cash discount stamp, check, ticket, coupon or other similar
device, which will entitle the holder thereof, on presentation
thereof, either singly or in definite number, to receive, either
directly from the person issuing or selling the same, as set
forth in RCW 19.84.020, or indirectly through any other
person, shall, upon the refusal or failure of the said person
issuing or selling same to redeem the same, as set forth in
RCW 19.84.020, be liable to the holder thereof for the face
value thereof, and shall upon presentation redeem the same,
either in goods, wares or merchandise, or in cash, good and
lawful money of the United States of America, at the option
of the holder thereof, and in such case any number of such
stamps, trading stamps, cash discount stamps, checks, tickets,
coupons or other similar devices, shall be redeemed as
hereinbefore set forth, at the value in cents printed upon the
face thereof, and it shall not be necessary for the holder
thereof to have any stipulated number of the same before
demand for redemption may be made, but they shall be
redeemed in any number, when presented, at the value in
cents printed upon the face thereof, as hereinbefore provided.
[1907 c 253 § 3; RRS § 5839.]
19.84.040 Criminal penalty. Any person, firm or
corporation who shall violate any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and shall
be fined not less than one hundred dollars nor more than one
thousand dollars for each offense. [1907 c 253 § 4; RRS §
5840.]
Chapter 19.85
REGULATORY FAIRNESS ACT
Sections
19.85.011
19.85.020
19.85.025
Finding.
Definitions.
Application of chapter—Limited.
[Title 19 RCW—page 126]
19.85.030
Agency rules—Small business economic impact statement—
Reduction of costs imposed by rule.
19.85.040 Small business economic impact statement—Purpose—
Contents.
19.85.050 Agency plan for review of business rules—Scope—Factors
applicable to review—Annual list.
19.85.061 Compliance with federal law.
19.85.070 Small business economic impact statement—Notice of proposed rule.
19.85.900 Severability—1982 c 6.
Rules coordinator duties regarding business: RCW 43.17.310.
19.85.011 Finding. The legislature finds that administrative rules adopted by state agencies can have a disproportionate impact on the state’s small businesses because of the
size of those businesses. This disproportionate impact
reduces competition, innovation, employment, and new
employment opportunities, and threatens the very existence
of some small businesses. The legislature therefore enacts
the Regulatory Fairness Act with the intent of reducing the
disproportionate impact of state administrative rules on small
business. [1994 c 249 § 9.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
19.85.020 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply through
this chapter.
(1) "Small business" means any business entity, including a sole proprietorship, corporation, partnership, or other
legal entity, that is owned and operated independently from
all other businesses, that has the purpose of making a profit,
and that has fifty or fewer employees.
(2) "Small business economic impact statement" means
a statement meeting the requirements of RCW 19.85.040
prepared by a state agency pursuant to RCW 19.85.030.
(3) "Industry" means all of the businesses in this state
in any one four-digit standard industrial classification as
published by the United States department of commerce.
However, if the use of a four-digit standard industrial
classification would result in the release of data that would
violate state confidentiality laws, "industry" means all
businesses in a three-digit standard industrial classification.
[1994 c 249 § 10; 1993 c 280 § 34; 1989 c 374 § 1; 1982 c
6 § 2.]
Effective date—1994 c 249 § 10: "Section 10 of this act shall take
effect July 1, 1994." [1994 c 249 § 37.]
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—Severability—1993 c 280: See RCW 43.330.902
and 43.330.903.
19.85.025 Application of chapter—Limited. (1)
Unless an agency receives a written objection to the expedited repeal of a rule, this chapter does not apply to a rule
proposed for expedited repeal pursuant to *RCW 34.05.354.
If an agency receives a written objection to expedited repeal
of the rule, this chapter applies to the rule-making proceeding.
(2) This chapter does not apply to a rule proposed for
expedited adoption under **RCW 34.05.230 (1) through (8),
unless a written objection is timely filed with the agency and
the objection is not withdrawn.
(2002 Ed.)
Regulatory Fairness Act
(3) This chapter does not apply to the adoption of a rule
described in RCW 34.05.310(4).
(4) An agency is not required to prepare a separate
small business economic impact statement under RCW
19.85.040 if it prepared an analysis under RCW 34.05.328
that meets the requirements of a small business economic
impact statement, and if the agency reduced the costs
imposed by the rule on small business to the extent required
by ***RCW 19.85.030(3). The portion of the analysis that
meets the requirements of RCW 19.85.040 shall be filed
with the code reviser and provided to any person requesting
it in lieu of a separate small business economic impact
statement. [1997 c 409 § 212; 1995 c 403 § 401.]
Reviser’s note: *(1) RCW 34.05.354 was repealed by 2001 c 25 §
3. For expedited repeal, see RCW 34.05.353.
**(2) RCW 34.05.230 was amended by 2001 c 25 § 1, deleting
subsections (1) through (8). For expedited adoption, see RCW 34.05.353.
***(3) RCW 19.85.030 was amended by 2000 c 171 § 60, changing
subsection (3) to subsection (2).
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.85.030 Agency rules—Small business economic
impact statement—Reduction of costs imposed by rule.
(1) In the adoption of a rule under chapter 34.05 RCW, an
agency shall prepare a small business economic impact
statement: (a) If the proposed rule will impose more than
minor costs on businesses in an industry; or (b) if requested
to do so by a majority vote of the joint administrative rules
review committee within forty-five days of receiving the
notice of proposed rule making under RCW 34.05.320.
However, if the agency has completed the pilot rule process
as defined by RCW 34.05.313 before filing the notice of a
proposed rule, the agency is not required to prepare a small
business economic impact statement.
An agency shall prepare the small business economic
impact statement in accordance with RCW 19.85.040, and
file it with the code reviser along with the notice required
under RCW 34.05.320. An agency shall file a statement
prepared at the request of the joint administrative rules
review committee with the code reviser upon its completion
before the adoption of the rule. An agency shall provide a
copy of the small business economic impact statement to any
person requesting it.
(2) Based upon the extent of disproportionate impact on
small business identified in the statement prepared under
RCW 19.85.040, the agency shall, where legal and feasible
in meeting the stated objectives of the statutes upon which
the rule is based, reduce the costs imposed by the rule on
small businesses. Methods to reduce the costs on small
businesses may include:
(a) Reducing, modifying, or eliminating substantive
regulatory requirements;
(b) Simplifying, reducing, or eliminating recordkeeping
and reporting requirements;
(c) Reducing the frequency of inspections;
(d) Delaying compliance timetables;
(2002 Ed.)
19.85.025
(e) Reducing or modifying fine schedules for noncompliance; or
(f) Any other mitigation techniques. [2000 c 171 § 60;
1995 c 403 § 402; 1994 c 249 § 11. Prior: 1989 c 374 § 2;
1989 c 175 § 72; 1982 c 6 § 3.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication of small business economic impact statement in Washington
State Register: RCW 34.08.020.
19.85.040 Small business economic impact statement—Purpose—Contents. (1) A small business economic
impact statement must include a brief description of the
reporting, recordkeeping, and other compliance requirements
of the proposed rule, and the kinds of professional services
that a small business is likely to need in order to comply
with such requirements. It shall analyze the costs of compliance for businesses required to comply with the proposed
rule adopted pursuant to RCW 34.05.320, including costs of
equipment, supplies, labor, and increased administrative
costs. It shall consider, based on input received, whether
compliance with the rule will cause businesses to lose sales
or revenue. To determine whether the proposed rule will
have a disproportionate impact on small businesses, the
impact statement must compare the cost of compliance for
small business with the cost of compliance for the ten
percent of businesses that are the largest businesses required
to comply with the proposed rules using one or more of the
following as a basis for comparing costs:
(a) Cost per employee;
(b) Cost per hour of labor; or
(c) Cost per one hundred dollars of sales.
(2) A small business economic impact statement must
also include:
(a) A statement of the steps taken by the agency to
reduce the costs of the rule on small businesses as required
by *RCW 19.85.030(3), or reasonable justification for not
doing so, addressing the options listed in *RCW
19.85.030(3);
(b) A description of how the agency will involve small
businesses in the development of the rule; and
(c) A list of industries that will be required to comply
with the rule. However, this subsection (2)(c) shall not be
construed to preclude application of the rule to any business
or industry to which it would otherwise apply.
(3) To obtain information for purposes of this section,
an agency may survey a representative sample of affected
businesses or trade associations and should, whenever
possible, appoint a committee under RCW 34.05.310(2) to
assist in the accurate assessment of the costs of a proposed
rule, and the means to reduce the costs imposed on small
business. [1995 c 403 § 403; 1994 c 249 § 12. Prior: 1989
c 374 § 3; 1989 c 175 § 73; 1982 c 6 § 4.]
*Reviser’s note: RCW 19.85.030 was amended by 2000 c 171 § 60,
changing subsection (3) to subsection (2).
[Title 19 RCW—page 127]
19.85.040
Title 19 RCW: Business Regulations—Miscellaneous
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—Application—1994 c 249: See notes following RCW
34.05.310.
Effective date—1989 c 175: See note following RCW 34.05.010.
Publication in Washington State Register: RCW 34.08.020.
19.85.050 Agency plan for review of business
rules—Scope—Factors applicable to review—Annual list.
(1) Within one year after June 10, 1982, each agency shall
publish and deliver to the office of financial management
and to all persons who make requests of the agency for a
copy of a plan to periodically review all rules then in effect
and which have been issued by the agency which have an
economic impact on more than twenty percent of all industries or ten percent of the businesses in any one industry.
Such plan may be amended by the agency at any time by
publishing a revision to the review plan and delivering such
revised plan to the office of financial management and to all
persons who make requests of the agency for the plan. The
purpose of the review is to determine whether such rules
should be continued without change or should be amended
or rescinded, consistent with the stated objectives of applicable statutes, to minimize the economic impact on small
businesses as described by this chapter. The plan shall
provide for the review of all such agency rules in effect on
June 10, 1982, within ten years of that date.
(2) In reviewing rules to minimize any significant
economic impact of the rule on small businesses as described
by this chapter, and in a manner consistent with the stated
objectives of applicable statutes, the agency shall consider
the following factors:
(a) The continued need for the rule;
(b) The nature of complaints or comments received
concerning the rule from the public;
(c) The complexity of the rule;
(d) The extent to which the rule overlaps, duplicates, or
conflicts with other state or federal rules, and, to the extent
feasible, with local governmental rules; and
(e) The degree to which technology, economic conditions, or other factors have changed in the subject area
affected by the rule.
(3) Each year each agency shall publish a list of rules
which are to be reviewed pursuant to this section during the
next twelve months and deliver a copy of the list to the
office of financial management and all persons who make
requests of the agency for the list. The list shall include a
brief description of the legal basis for each rule as described
by RCW 34.05.360, and shall invite public comment upon
the rule. [1989 c 175 § 74; 1982 c 6 § 5.]
required under RCW 19.85.030, the agency shall file a
statement citing, with specificity, the federal statute or
regulation with which the rule is being adopted to conform
or comply, and describing the consequences to the state if
the rule is not adopted. [1995 c 403 § 404.]
Application—1995 c 403 §§ 201, 301-305, 401-405, and 801: See
note following RCW 34.05.328.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
19.85.070 Small business economic impact statement—Notice of proposed rule. When any rule is proposed for which a small business economic impact statement
is required, the adopting agency shall provide notice to small
businesses of the proposed rule through any of the following:
(1) Direct notification of known interested small
businesses or trade organizations affected by the proposed
rule; or
(2) Providing information of the proposed rule making
to publications likely to be obtained by small businesses of
the types affected by the proposed rule. [1992 c 197 § 1.]
19.85.900 Severability—1982 c 6. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 6 § 11.]
Chapter 19.86
UNFAIR BUSINESS PRACTICES—
CONSUMER PROTECTION
Sections
19.86.010
19.86.020
19.86.023
19.86.030
19.86.040
19.86.050
19.86.060
19.86.070
19.86.080
19.86.090
19.86.095
19.86.100
Effective date—1989 c 175: See note following RCW 34.05.010.
19.86.110
19.85.061 Compliance with federal law. Unless so
requested by a majority vote of the joint administrative rules
review committee under RCW 19.85.030, an agency is not
required to comply with this chapter when adopting any rule
solely for the purpose of conformity or compliance, or both,
with federal statute or regulations. In lieu of the statement
[Title 19 RCW—page 128]
19.86.115
19.86.120
19.86.130
Definitions.
Unfair competition, practices, declared unlawful.
Violation of RCW 15.86.030 constitutes violation of RCW
19.86.020.
Contracts, combinations, conspiracies in restraint of trade
declared unlawful.
Monopolies and attempted monopolies declared unlawful.
Transactions and agreements not to use or deal in commodities or services of competitor declared unlawful when
lessens competition.
Acquisition of corporate stock by another corporation to
lessen competition declared unlawful—Exceptions—
Judicial order to divest.
Labor not an article of commerce—Chapter not to affect
mutual, nonprofit organizations.
Attorney general may restrain prohibited acts—Costs—
Restoration of property.
Civil action for damages—Treble damages authorized—
Action by governmental entities.
Request for injunctive relief—Appellate proceeding—
Service on the attorney general.
Assurance of discontinuance of prohibited act—Approval of
court—Not considered admission.
Demand to produce documentary materials for inspection,
answer written interrogatories, or give oral testimony—
Contents—Service—Unauthorized disclosure—Return—
Modification, vacation—Use—Penalty.
Materials from a federal agency or other state’s attorney
general.
Limitation of actions—Tolling.
Final judgment to restrain is prima facie evidence in civil
action—Exceptions.
(2002 Ed.)
Unfair Business Practices—Consumer Protection
19.86.140
19.86.145
19.86.150
19.86.160
19.86.170
Civil penalties.
Penalties—Animals used in biomedical research.
Dissolution, forfeiture of corporate franchise for violations.
Personal service of process outside state.
Exempted actions or transactions—Stipulated penalties and
remedies are exclusive.
19.86.900 Severability—1961 c 216.
19.86.910 Short title.
19.86.920 Purpose—Interpretation—Liberal construction—Saving—
1985 c 401; 1983 c 288; 1983 c 3; 1961 c 216.
Adult family homes: Chapter 70.128 RCW.
Advertisement of children for adoption: RCW 26.33.400.
Agriculture—Declarations of "Washington state grown": RCW 15.04.410.
Auctioneers: Chapter 18.11 RCW.
Automotive repair: Chapter 46.71 RCW.
Bail bond agents—Records—Finances—Disposition of security—Application
of consumer protection act: RCW 18.185.210.
Business opportunity fraud act: Chapter 19.110 RCW.
Camping resorts: RCW 19.105.405, 19.105.500.
Cemetery board—Violation—Penalty—Unfair practice—Other laws
applicable: RCW 68.05.330.
Chain distributor schemes: RCW 19.102.020.
Charitable solicitations, regulation: RCW 19.09.340.
Check cashers and sellers: Chapter 31.45 RCW.
Cigarettes—Sales below cost: RCW 19.91.300.
Collection agencies: RCW 19.16.120, 19.16.440.
Commercial telephone solicitation: Chapter 19.158 RCW.
Consumer leases: RCW 63.10.050.
Contractors: Chapter 18.27 RCW.
Credit—Fair credit reporting act: Chapter 19.182 RCW.
Credit services organization act: RCW 19.134.070.
Debt adjusting: RCW 18.28.185.
Degree-granting institutions: Chapter 28B.85 RCW.
Electronic mail—Commercial: Chapter 19.190 RCW.
Electronic signatures—Licensed certification authority using license in
violation of chapter 19.86 RCW: RCW 19.34.100.
Embalmers and funeral directors: RCW 18.39.350.
Employment agencies—Enforcement: RCW 19.31.210.
Equity skimming: Chapter 61.34 RCW.
Escrow agents—Advertisement, statement, or reference to existence of
financial responsibility requirements prohibited—Referral fees
prohibited: RCW 18.44.400, 18.44.450.
Fair credit reporting act: Chapter 19.182 RCW.
Franchise investment protection: RCW 19.100.030, 19.100.160, 19.100.190,
19.100.200.
Going out of business sales: Chapter 19.178 RCW.
Health studio services: Chapter 19.142 RCW.
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.110, 18.35.120, 18.35.180.
Heating oil pollution liability protection act: RCW 70.149.100.
House-to-house sales by minors: RCW 49.12.310.
Immigration assistants: RCW 19.154.090.
International student exchange: Chapter 19.166 RCW.
Kosher food products: Chapter 69.90 RCW.
Land development law: RCW 58.19.270.
Law against discrimination: RCW 49.60.030.
Lease-purchase agreements: Chapter 63.19 RCW.
Leases: RCW 62A.2A-104.
Manufactured and mobile home installation service and warranty service
standards: RCW 43.22.440.
Mechanics’ and materialmen’s liens—Acts of coercion: RCW 60.04.035.
Medicaid patient discrimination: RCW 74.42.055.
Mortgage brokers: Chapter 19.146 RCW.
(2002 Ed.)
Chapter 19.86
Motor vehicle dealers: Chapter 46.70 RCW.
Motor vehicle service contracts: Chapter 48.96 RCW.
Motor vehicle subleasing or transfer: Chapter 19.116 RCW.
Motor vehicle warranties: Chapter 19.118 RCW.
Nursing homes—Discrimination against medicaid recipients: RCW
74.42.055.
Offers to alter bids at sales pursuant to deeds of trust: RCW 61.24.135.
On-site sewage additive manufacturers: RCW 70.118.080.
Operator services: RCW 80.36.360, 80.36.400, 80.36.530, 80.36.540.
Pay-per-call information delivery services: Chapter 19.162 RCW.
Private vocational schools: Chapter 28C.10 RCW.
Promotional advertising of prizes: Chapter 19.170 RCW.
Radio communications service companies not regulated by utilities and
transportation commission: RCW 80.66.010.
Roofing and siding contractors and salespersons: Chapter 19.186 RCW.
Sellers of travel: Chapter 19.138 RCW.
Telephone buyers’ protection act: Chapter 19.130 RCW.
Timeshare act: Chapter 64.36 RCW.
Unsolicited goods or services: Chapter 19.56 RCW.
Usurious contracts: RCW 19.52.036.
Viatical settlements act: Chapter 48.102 RCW.
Water companies exempt from utilities and transportation commission
regulation: RCW 80.04.010.
Weatherization of leased or rented residences: RCW 70.164.060.
19.86.010 Definitions. As used in this chapter:
(1) "Person" shall include, where applicable, natural
persons, corporations, trusts, unincorporated associations and
partnerships.
(2) "Trade" and "commerce" shall include the sale of
assets or services, and any commerce directly or indirectly
affecting the people of the state of Washington.
(3) "Assets" shall include any property, tangible or
intangible, real, personal, or mixed, and wherever situate,
and any other thing of value. [1961 c 216 § 1.]
19.86.020 Unfair competition, practices, declared
unlawful. Unfair methods of competition and unfair or
deceptive acts or practices in the conduct of any trade or
commerce are hereby declared unlawful. [1961 c 216 § 2.]
Hearing instrument dispensing, advertising, etc.—Application: RCW
18.35.180.
19.86.023 Violation of RCW 15.86.030 constitutes
violation of RCW 19.86.020. Any violation of RCW
15.86.030 shall also constitute a violation under RCW
19.86.020. [1985 c 247 § 7.]
19.86.030 Contracts, combinations, conspiracies in
restraint of trade declared unlawful. Every contract,
combination, in the form of trust or otherwise, or conspiracy
in restraint of trade or commerce is hereby declared unlawful. [1961 c 216 § 3.]
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
19.86.040 Monopolies and attempted monopolies
declared unlawful. It shall be unlawful for any person to
monopolize, or attempt to monopolize or combine or
conspire with any other person or persons to monopolize any
part of trade or commerce. [1961 c 216 § 4.]
[Title 19 RCW—page 129]
19.86.050
Title 19 RCW: Business Regulations—Miscellaneous
19.86.050 Transactions and agreements not to use
or deal in commodities or services of competitor declared
unlawful when lessens competition. It shall be unlawful
for any person to lease or make a sale or contract for sale of
goods, wares, merchandise, machinery, supplies, or other
commodities, or services, whether patented or unpatented,
for use, consumption, enjoyment, or resale, or fix a price
charged therefor, or discount from, or rebate upon, such
price, on the condition, agreement, or understanding that the
lessee or purchaser thereof shall not use or deal in the goods,
wares, merchandise, machinery, supplies, or other commodity or services of a competitor or competitors of the lessor or
seller, where the effect of such lease, sale, or contract for
such sale or such condition, agreement, or understanding
may be to substantially lessen competition or tend to create
a monopoly in any line of commerce. [1961 c 216 § 5.]
19.86.060 Acquisition of corporate stock by another
corporation to lessen competition declared unlawful—
Exceptions—Judicial order to divest. It shall be unlawful
for any corporation to acquire, directly or indirectly, the
whole or any part of the stock or assets of another corporation where the effect of such acquisition may be to substantially lessen competition or tend to create a monopoly in any
line of commerce.
This section shall not apply to corporations purchasing
such stock solely for investment and not using the same by
voting or otherwise to bring about, or in attempting to bring
about, the substantial lessening of competition. Nor shall
anything contained in this section prevent a corporation from
causing the formation of subsidiary corporations for the
actual carrying on of their immediate lawful business, or the
natural and legitimate branches or extensions thereof, or
from owning and holding all or a part of the stock of such
subsidiary corporations, when the effect of such formation is
not to substantially lessen competition.
In addition to any other remedy provided by this
chapter, the superior court may order any corporation to
divest itself of the stock or assets held contrary to this
section, in the manner and within the time fixed by said order. [1961 c 216 § 6.]
19.86.070 Labor not an article of commerce—
Chapter not to affect mutual, nonprofit organizations.
The labor of a human being is not a commodity or article of
commerce. Nothing contained in this chapter shall be
construed to forbid the existence and operation of labor,
agricultural, or horticultural organizations, instituted for the
purposes of mutual help, and not having capital stock or
conducted for profit, or to forbid or restrain individual
members of such organizations from lawfully carrying out
the legitimate objects thereof. [1961 c 216 § 7.]
Labor regulations: Title 49 RCW.
19.86.080 Attorney general may restrain prohibited
acts—Costs—Restoration of property. The attorney
general may bring an action in the name of the state against
any person to restrain and prevent the doing of any act
herein prohibited or declared to be unlawful; and the
prevailing party may, in the discretion of the court, recover
the costs of said action including a reasonable attorney’s fee.
[Title 19 RCW—page 130]
The court may make such additional orders or judgments as may be necessary to restore to any person in
interest any moneys or property, real or personal, which may
have been acquired by means of any act herein prohibited or
declared to be unlawful. [1970 ex.s. c 26 § 1; 1961 c 216
§ 8.]
19.86.090 Civil action for damages—Treble damages authorized—Action by governmental entities. Any
person who is injured in his or her business or property by
a violation of RCW 19.86.020, 19.86.030, 19.86.040,
19.86.050, or 19.86.060, or any person so injured because he
or she refuses to accede to a proposal for an arrangement
which, if consummated, would be in violation of RCW
19.86.030, 19.86.040, 19.86.050, or 19.86.060, may bring a
civil action in the superior court to enjoin further violations,
to recover the actual damages sustained by him or her, or
both, together with the costs of the suit, including a reasonable attorney’s fee, and the court may in its discretion,
increase the award of damages to an amount not to exceed
three times the actual damages sustained: PROVIDED, That
such increased damage award for violation of RCW
19.86.020 may not exceed ten thousand dollars: PROVIDED FURTHER, That such person may bring a civil
action in the district court to recover his or her actual
damages, except for damages which exceed the amount
specified in RCW 3.66.020, and the costs of the suit,
including reasonable attorney’s fees. The district court may,
in its discretion, increase the award of damages to an amount
not more than three times the actual damages sustained, but
such increased damage award shall not exceed the amount
specified in RCW 3.66.020. For the purpose of this section
"person" shall include the counties, municipalities, and all
political subdivisions of this state.
Whenever the state of Washington is injured by reason
of a violation of RCW 19.86.030, 19.86.040, 19.86.050, or
19.86.060, it may sue therefor in the superior court to
recover the actual damages sustained by it and to recover the
costs of the suit including a reasonable attorney’s fee. [1987
c 202 § 187; 1983 c 288 § 3; 1970 ex.s. c 26 § 2; 1961 c
216 § 9.]
Intent—1987 c 202: See note following RCW 2.04.190.
Short title—Purposes—1983 c 288: "This act may be cited as the
antitrust/consumer protection improvements act. Its purposes are to
strengthen public and private enforcement of the unfair business practicesconsumer protection act, chapter 19.86 RCW, and to repeal the unfair
practices act, chapter 19.90 RCW, in order to eliminate a statute which is
unnecessary in light of the provisions and remedies of chapter 19.86 RCW.
In repealing chapter 19.90 RCW, it is the intent of the legislature that
chapter 19.86 RCW should continue to provide appropriate remedies for
predatory pricing and other pricing practices which constitute violations of
federal antitrust law." [1983 c 288 § 1.]
19.86.095 Request for injunctive relief—Appellate
proceeding—Service on the attorney general. In any
proceeding in which there is a request for injunctive relief
under RCW 19.86.090, the attorney general shall be served
with a copy of the initial pleading alleging a violation of this
chapter. In any appellate proceeding in which an issue is
presented concerning a provision of this chapter, the attorney
general shall, within the time provided for filing the brief
with the appellate court, be served with a copy of the brief
of the party presenting such issue. [1983 c 288 § 5.]
(2002 Ed.)
Unfair Business Practices—Consumer Protection
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
19.86.100 Assurance of discontinuance of prohibited
act—Approval of court—Not considered admission. In
the enforcement of this chapter, the attorney general may
accept an assurance of discontinuance of any act or practice
deemed in violation of this chapter, from any person
engaging in, or who has engaged in, such act or practice.
Any such assurance shall be in writing and be filed with and
subject to the approval of the superior court of the county in
which the alleged violator resides or has his principal place
of business, or in Thurston county.
Such assurance of discontinuance shall not be considered an admission of a violation for any purpose; however,
proof of failure to comply with the assurance of discontinuance shall be prima facie evidence of a violation of this
chapter. [1970 ex.s. c 26 § 3; 1961 c 216 § 10.]
19.86.110 Demand to produce documentary materials for inspection, answer written interrogatories, or give
oral testimony—Contents—Service—Unauthorized disclosure—Return—Modification, vacation—Use—Penalty.
(1) Whenever the attorney general believes that any person
(a) may be in possession, custody, or control of any original
or copy of any book, record, report, memorandum, paper,
communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording,
wherever situate, which he believes to be relevant to the
subject matter of an investigation of a possible violation of
RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050, or
19.86.060, or federal statutes dealing with the same or
similar matters that the attorney general is authorized to
enforce, or (b) may have knowledge of any information
which the attorney general believes relevant to the subject
matter of such an investigation, he may, prior to the institution of a civil proceeding thereon, execute in writing and
cause to be served upon such a person, a civil investigative
demand requiring such person to produce such documentary
material and permit inspection and copying, to answer in
writing written interrogatories, to give oral testimony, or any
combination of such demands pertaining to such documentary material or information: PROVIDED, That this section
shall not be applicable to criminal prosecutions.
(2) Each such demand shall:
(a) State the statute and section or sections thereof, the
alleged violation of which is under investigation, and the
general subject matter of the investigation;
(b) If the demand is for the production of documentary
material, describe the class or classes of documentary
material to be produced thereunder with reasonable specificity so as fairly to indicate the material demanded;
(c) Prescribe a return date within which the documentary material is to be produced, the answers to written interrogatories are to be made, or a date, time, and place at
which oral testimony is to be taken; and
(d) Identify the members of the attorney general’s staff
to whom such documentary material is to be made available
for inspection and copying, to whom answers to written
interrogatories are to be made, or who are to conduct the
examination for oral testimony.
(3) No such demand shall:
(2002 Ed.)
19.86.095
(a) Contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum, a
request for answers to written interrogatories, or a request
for deposition upon oral examination issued by a court of
this state; or
(b) Require the disclosure of any documentary material
which would be privileged, or which for any other reason
would not be required by a subpoena duces tecum issued by
a court of this state.
(4) Service of any such demand may be made by:
(a) Delivering a duly executed copy thereof to the
person to be served, or, if such person is not a natural
person, to any officer or managing agent of the person to be
served; or
(b) Delivering a duly executed copy thereof to the
principal place of business in this state of the person to be
served; or
(c) Mailing by registered or certified mail a duly
executed copy thereof addressed to the person to be served
at the principal place of business in this state, or, if said
person has no place of business in this state, to his principal
office or place of business.
(5)(a) Documentary material demanded pursuant to the
provisions of this section shall be produced for inspection
and copying during normal business hours at the principal
office or place of business of the person served, or at such
other times and places as may be agreed upon by the person
served and the attorney general;
(b) Written interrogatories in a demand served under
this section shall be answered in the same manner as
provided in the civil rules for superior court;
(c) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
same manner as provided in the civil rules for superior court
for the taking of depositions. In the course of the deposition, the assistant attorney general conducting the examination may exclude from the place where the examination is
held all persons other than the person being examined, the
person’s counsel, and the officer before whom the testimony
is to be taken;
(d) Any person compelled to appear pursuant to a
demand for oral testimony under this section may be
accompanied by counsel;
(e) The oral testimony of any person obtained pursuant
to a demand served under this section shall be taken in the
county within which the person resides, is found, or transacts
business, or in such other place as may be agreed upon
between the person served and the attorney general.
(6) If, after prior court approval, a civil investigative
demand specifically prohibits disclosure of the existence or
content of the demand, unless otherwise ordered by a
superior court for good cause shown, it shall be a misdemeanor for any person if not a bank, trust company, mutual
savings bank, credit union, or savings and loan association
organized under the laws of the United States or of any one
of the United States to disclose to any other person the
existence or content of the demand, except for disclosure to
counsel for the recipient of the demand or unless otherwise
required by law.
(7) No documentary material, answers to written
interrogatories, or transcripts of oral testimony produced
pursuant to a demand, or copies thereof, shall, unless oth[Title 19 RCW—page 131]
19.86.110
Title 19 RCW: Business Regulations—Miscellaneous
erwise ordered by a superior court for good cause shown, be
produced for inspection or copying by, nor shall the contents
thereof be disclosed to, other than an authorized employee
of the attorney general, without the consent of the person
who produced such material, answered written interrogatories, or gave oral testimony, except as otherwise provided in
this section: PROVIDED, That:
(a) Under such reasonable terms and conditions as the
attorney general shall prescribe, the copies of such documentary material, answers to written interrogatories, or transcripts of oral testimony shall be available for inspection and
copying by the person who produced such material, answered written interrogatories, or gave oral testimony, or any
duly authorized representative of such person;
(b) The attorney general may provide copies of such
documentary material, answers to written interrogatories, or
transcripts of oral testimony to an official of this state, the
federal government, or other state, who is charged with the
enforcement of federal or state antitrust or consumer protection laws, if before the disclosure the receiving official
agrees in writing that the information may not be disclosed
to anyone other than that official or the official’s authorized
employees. The material provided under this subsection
(7)(b) is subject to the confidentiality restrictions set forth in
this section and may not be introduced as evidence in a
criminal prosecution; and
(c) The attorney general or any assistant attorney
general may use such copies of documentary material,
answers to written interrogatories, or transcripts of oral
testimony as he determines necessary in the enforcement of
this chapter, including presentation before any court:
PROVIDED, That any such material, answers to written
interrogatories, or transcripts of oral testimony which contain
trade secrets shall not be presented except with the approval
of the court in which action is pending after adequate notice
to the person furnishing such material, answers to written
interrogatories, or oral testimony.
(8) At any time before the return date specified in the
demand, or within twenty days after the demand has been
served, whichever period is shorter, a petition to extend the
return date for, or to modify or set aside a demand issued
pursuant to subsection (1), stating good cause, may be filed
in the superior court for Thurston county, or in such other
county where the parties reside. A petition, by the person on
whom the demand is served, stating good cause, to require
the attorney general or any person to perform any duty
imposed by the provisions of this section, and all other
petitions in connection with a demand, may be filed in the
superior court for Thurston county, or in the county where
the parties reside. The court shall have jurisdiction to
impose such sanctions as are provided for in the civil rules
for superior court with respect to discovery motions.
(9) Whenever any person fails to comply with any civil
investigative demand for documentary material, answers to
written interrogatories, or oral testimony duly served upon
him under this section, or whenever satisfactory copying or
reproduction of any such material cannot be done and such
person refuses to surrender such material, the attorney
general may file, in the trial court of general jurisdiction of
the county in which such person resides, is found, or transacts business, and serve upon such person a petition for an
order of such court for the enforcement of this section,
[Title 19 RCW—page 132]
except that if such person transacts business in more than
one county such petition shall be filed in the county in
which such person maintains his principal place of business,
or in such other county as may be agreed upon by the parties
to such petition. Whenever any petition is filed in the trial
court of general jurisdiction of any county under this section,
such court shall have jurisdiction to hear and determine the
matter so presented and to enter such order or orders as may
be required to carry into effect the provisions of this section,
and may impose such sanctions as are provided for in the
civil rules for superior court with respect to discovery
motions. [1993 c 125 § 1; 1990 c 199 § 1; 1987 c 152 § 1;
1982 c 137 § 1; 1970 ex.s. c 26 § 4; 1961 c 216 § 11.]
Rules of court: See Superior Court Civil Rules.
19.86.115 Materials from a federal agency or other
state’s attorney general. Whenever the attorney general
receives documents or other material from:
(1) A federal agency, pursuant to its subpoena or HartScott-Rodino authority; or
(2) Another state’s attorney general, pursuant to that
state’s presuit investigative subpoena powers,
the documents or materials are subject to the same restrictions as and may be used for all the purposes set forth in
RCW 19.86.110. [1993 c 125 § 2.]
19.86.120 Limitation of actions—Tolling. Any
action to enforce a claim for damages under RCW 19.86.090
shall be forever barred unless commenced within four years
after the cause of action accrues: PROVIDED, That
whenever any action is brought by the attorney general for
a violation of RCW 19.86.020, 19.86.030, 19.86.040,
19.86.050, or 19.86.060, except actions for the recovery of
a civil penalty for violation of an injunction or actions under
RCW 19.86.090, the running of the foregoing statute of
limitations, with respect to every private right of action for
damages under RCW 19.86.090 which is based in whole or
part on any matter complained of in said action by the
attorney general, shall be suspended during the pendency
thereof. [1970 ex.s. c 26 § 5; 1961 c 216 § 12.]
Action to enforce claim for civil damages under chapter 19.86 RCW must
be commenced within six years. Unfair motor vehicles business
practices act: RCW 46.70.220.
Limitation of actions: Chapter 4.16 RCW.
19.86.130 Final judgment to restrain is prima facie
evidence in civil action—Exceptions. A final judgment or
decree rendered in any action brought under RCW 19.86.080
by the state of Washington to the effect that a defendant has
violated RCW 19.86.020, 19.86.030, 19.86.040, 19.86.050,
or 19.86.060 shall be prima facie evidence against such
defendant in any action brought by any party against such
defendant under RCW 19.86.090 as to all matters which said
judgment or decree would be an estoppel as between the
parties thereto: PROVIDED, That this section shall not
apply to consent judgments or decrees where the court
makes no finding of illegality. [1970 ex.s. c 26 § 6; 1961 c
216 § 13.]
19.86.140 Civil penalties. Every person who shall
violate the terms of any injunction issued as in this chapter
(2002 Ed.)
Unfair Business Practices—Consumer Protection
19.86.140
provided, shall forfeit and pay a civil penalty of not more
than twenty-five thousand dollars.
Every person, other than a corporation, who violates
RCW 19.86.030 or 19.86.040 shall pay a civil penalty of not
more than one hundred thousand dollars. Every corporation
which violates RCW 19.86.030 or 19.86.040 shall pay a civil
penalty of not more than five hundred thousand dollars.
Every person who violates RCW 19.86.020 shall forfeit
and pay a civil penalty of not more than two thousand
dollars for each violation: PROVIDED, That nothing in this
paragraph shall apply to any radio or television broadcasting
station which broadcasts, or to any publisher, printer or
distributor of any newspaper, magazine, billboard or other
advertising medium who publishes, prints or distributes,
advertising in good faith without knowledge of its false,
deceptive or misleading character.
For the purpose of this section the superior court issuing
any injunction shall retain jurisdiction, and the cause shall be
continued, and in such cases the attorney general acting in
the name of the state may petition for the recovery of civil
penalties.
With respect to violations of RCW 19.86.030 and
19.86.040, the attorney general, acting in the name of the
state, may seek recovery of such penalties in a civil action.
[1983 c 288 § 2; 1970 ex.s. c 26 § 7; 1961 c 216 § 14.]
ted by any other regulatory body or officer acting under
statutory authority of this state or the United States:
PROVIDED, HOWEVER, That actions and transactions
prohibited or regulated under the laws administered by the
insurance commissioner shall be subject to the provisions of
RCW 19.86.020 and all sections of chapter 216, Laws of
1961 and chapter 19.86 RCW which provide for the implementation and enforcement of RCW 19.86.020 except that
nothing required or permitted to be done pursuant to Title 48
RCW shall be construed to be a violation of RCW
19.86.020: PROVIDED, FURTHER, That actions or
transactions specifically permitted within the statutory
authority granted to any regulatory board or commission
established within Title 18 RCW shall not be construed to be
a violation of chapter 19.86 RCW: PROVIDED, FURTHER, That this chapter shall apply to actions and transactions in connection with the disposition of human remains.
RCW 9A.20.010(2) shall not be applicable to the terms
of this chapter and no penalty or remedy shall result from a
violation of this chapter except as expressly provided herein.
[1977 c 49 § 1; 1974 ex.s. c 158 § 1; 1967 c 147 § 1; 1961
c 216 § 17.]
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
19.86.900 Severability—1961 c 216. If any provision
of this act is declared unconstitutional, or the applicability
thereof to any person or circumstances is held invalid, the
constitutionality of the remainder of the act and the applicability thereof to other persons and circumstances shall not be
affected thereby. [1961 c 216 § 18.]
19.86.145 Penalties—Animals used in biomedical
research. Any violation of RCW 9.08.070 or 16.52.220
constitutes an unfair or deceptive practice in violation of this
chapter. The relief available under this chapter for violations
of RCW 9.08.070 or 16.52.220 by a research institution shall
be limited to only monetary penalties in an amount not to
exceed two thousand five hundred dollars. [1989 c 359 § 4.]
19.86.150 Dissolution, forfeiture of corporate
franchise for violations. Upon petition by the attorney
general, the court may, in its discretion, order the dissolution, or suspension or forfeiture of franchise, of any corporation which shall violate RCW 19.86.030 or 19.86.040 or the
terms of any injunction issued as in this chapter provided.
[1961 c 216 § 15.]
19.86.160 Personal service of process outside state.
Personal service of any process in an action under this
chapter may be made upon any person outside the state if
such person has engaged in conduct in violation of this
chapter which has had the impact in this state which this
chapter reprehends. Such persons shall be deemed to have
thereby submitted themselves to the jurisdiction of the courts
of this state within the meaning of RCW 4.28.180 and
4.28.185. [1961 c 216 § 16.]
19.86.170 Exempted actions or transactions—
Stipulated penalties and remedies are exclusive. Nothing
in this chapter shall apply to actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance commissioner of this state, the
Washington utilities and transportation commission, the
federal power commission or actions or transactions permit(2002 Ed.)
Radio communications: RCW 80.04.530.
Telecommunications: RCW 80.36.360.
19.86.910 Short title. This act shall be known and
designated as the "Consumer Protection Act." [1961 c 216
§ 19.]
19.86.920 Purpose—Interpretation—Liberal
construction—Saving—1985 c 401; 1983 c 288; 1983 c 3;
1961 c 216. The legislature hereby declares that the purpose
of this act is to complement the body of federal law governing restraints of trade, unfair competition and unfair, deceptive, and fraudulent acts or practices in order to protect the
public and foster fair and honest competition. It is the intent
of the legislature that, in construing this act, the courts be
guided by final decisions of the federal courts and final
orders of the federal trade commission interpreting the
various federal statutes dealing with the same or similar
matters and that in deciding whether conduct restrains or
monopolizes trade or commerce or may substantially lessen
competition, determination of the relevant market or effective area of competition shall not be limited by the boundaries of the state of Washington. To this end this act shall
be liberally construed that its beneficial purposes may be
served.
It is, however, the intent of the legislature that this act
shall not be construed to prohibit acts or practices which are
reasonable in relation to the development and preservation of
business or which are not injurious to the public interest, nor
be construed to authorize those acts or practices which
unreasonably restrain trade or are unreasonable per se.
[Title 19 RCW—page 133]
19.86.920
Title 19 RCW: Business Regulations—Miscellaneous
[1985 c 401 § 1; 1983 c 288 § 4; 1983 c 3 § 25; 1961 c 216
§ 20.]
19.94.320
Reviser’s note: "This act" originally appears in 1961 c 216.
Short title—Purposes—1983 c 288: See note following RCW
19.86.090.
19.94.325
19.94.340
19.94.350
Chapter 19.91
UNFAIR CIGARETTE SALES BELOW COST ACT
Sections
19.91.300
19.94.360
19.94.370
19.94.390
Cigarettes—Sales below cost prohibited.
19.91.300 Cigarettes—Sales below cost prohibited.
No person licensed to sell cigarettes under chapter 82.24
RCW may sell cigarettes below the actual price paid.
Violations of this section constitute unfair or deceptive acts
or practices under the consumer protection act, chapter 19.86
RCW. [1986 c 321 § 13.]
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
Chapter 19.94
WEIGHTS AND MEASURES
Sections
19.94.005
19.94.010
19.94.015
Findings.
Definitions—Director may prescribe by rule.
Commercial use of instrument or device—Registration—
Fees.
19.94.150 Standards recognized.
19.94.160 State standards.
19.94.163 Testing by department—Ensuring enforcement—Issuance of
seal of approval—Exception.
19.94.165 Commercial instruments or devices to be correct.
19.94.175 Registration—Inspection and testing—Fees.
19.94.185 Deposit of moneys—Weights and measures account—
General fund.
19.94.190 Enforcement—Rules.
19.94.195 Specifications, tolerances, technical requirements—
Adoption—Hearing—Notice.
19.94.205 Correct and incorrect—Instruments, devices, weights, measures—When deemed.
19.94.216 Department inspection—City sealer—Agencies, institutions—Fees.
19.94.220 Investigations.
19.94.230 Inspections and tests to determine conformity to law—Off
sale order—Marks, tags, stamps.
19.94.240 Stop-use, stop-removal, and removal orders.
19.94.250 Inspection of instrument or device to determine if correct—
Rejection or seizure—Confiscation or destruction—Use
of incorrect instrument or device—Notice.
19.94.255 Correction of rejected weights and measures.
19.94.258 Service agent—Registration certificate.
19.94.2582 Service agent—Registration certificate—Fee—Decision—
Denial—Notice—Refund.
19.94.2584 Service agent—Registration certificate—Revocation, suspension, refusal to renew—Appeal.
19.94.260 Rejection—Seizure for use as evidence—Entry of premises—Search warrant.
19.94.265 Grievances—Procedure—Notice—Hearing—Rules.
19.94.280 City sealers and deputies—Appointment, removal—Record,
report—Testing of devices and instruments—Seal of
approval.
19.94.310 City sealers and deputies—Duties of governing body—
Sealer to have standards comparison made every two
years.
[Title 19 RCW—page 134]
19.94.400
19.94.410
19.94.420
19.94.430
19.94.440
19.94.450
19.94.460
19.94.470
19.94.480
19.94.485
19.94.490
19.94.500
19.94.505
19.94.507
19.94.510
19.94.515
19.94.517
19.94.520
19.94.530
19.94.900
19.94.910
19.94.920
City sealers—Director—General oversight powers, concurrent authority—Powers and duties of chapter are additional.
Service agent—Inspection and testing of weights and measures—Seal of approval—Fees—Violation—Penalty.
Sale of commodities—Measurement—Exceptions—Rules to
assure good practice and accuracy.
Packaged commodities in intrastate commerce—Declaration
of contents on outside—Rules.
Declaration of price on outside of package.
Misleading wrappers, containers of packaged commodities—
Standards of fill required.
Price not to be misleading, deceiving, misrepresented—
Fractions—Examination procedure standard—
Department may revise—Electronic scanner screen
visibility.
Meat, fish, poultry to be sold by weight—Exceptions.
Butter, margarine to be sold by weight.
Fluid dairy products to be packaged for retail sale in certain
units.
Packaged flour to be kept, sold, etc., in certain units.
Commodities sold in bulk—Delivery tickets.
Solid fuels to be sold by weight, cubic measure—Delivery
tickets.
Heating oils—Delivery tickets—Statements.
Berries and small fruit.
Fractional units as fractional value.
Contracts—Construction.
Obstruction of director or sealer in performance of duties—
Penalty.
Impersonation of director or sealer—Penalty.
Gasoline containing alcohol—Dispensing device label required—Carbon monoxide nonattainment area—Penalty.
Gasoline delivered to service stations—Invoice required.
Unlawful practices—Penalty.
Unlawful commercial use of instrument or device—Penalty.
Incorrect commercial instrument or device to benefit of
owner/operator—Penalties—Appeal.
Injunction against violations.
Proof of existence of weighing or measuring instrument or
device presumed proof of regular use.
Chapter cumulative and nonexclusive.
Severability—1969 c 67.
Effective date—1992 c 237.
19.94.005 Findings. The legislature finds:
(1) The accuracy of weighing and measuring instruments and devices used in commerce in the state of Washington affects every consumer throughout the state and is of
vital importance to the public interest.
(2) Fair weights and measures are equally important to
business and the consumer.
(3) This chapter safeguards the consuming public and
ensures that businesses receive proper compensation for the
commodities they deliver. [1995 c 355 § 3; 1992 c 237 §
1.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
Intent—1992 c 237: "Until such time as the study in section 38,
chapter 237, Laws of 1992, is completed, it is the intent of the legislature
that consumer protection activities of the department of agriculture weights
and measures program be funded by the general fund and that device
inspection related activities be funded on a fee-for-service basis." [1992 c
237 § 2.]
19.94.010 Definitions—Director may prescribe by
rule. (1) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter and
to any rules adopted pursuant to this chapter.
(2002 Ed.)
Weights and Measures
(a) "City" means a first class city with a population of
over fifty thousand persons.
(b) "City sealer" means the person duly authorized by
a city to enforce and administer the weights and measures
program within such city and any duly appointed deputy
sealer acting under the instructions and at the direction of the
city sealer.
(c) "Commodity in package form" means a commodity
put up or packaged in any manner in advance of sale in units
suitable for either wholesale or retail sale, exclusive, however, of an auxiliary shipping container enclosing packages that
individually conform to the requirements of this chapter. An
individual item or lot of any commodity not in packaged
form, but on which there is marked a selling price based on
established price per unit of weight or of measure, shall be
construed to be a commodity in package form.
(d) "Consumer package" or "package of consumer
commodity" means a commodity in package form that is
customarily produced or distributed for sale through retail
sales agencies or instrumentalities for consumption by
persons, or used by persons for the purpose of personal care
or in the performance of services ordinarily rendered in or
about a household or in connection with personal possessions.
(e) "Cord" means the measurement of wood intended for
fuel or pulp purposes that is contained in a space of one
hundred twenty-eight cubic feet, when the wood is ranked
and well stowed.
(f) "Department" means the department of agriculture of
the state of Washington.
(g) "Director" means the director of the department or
duly authorized representative acting under the instructions
and at the direction of the director.
(h) "Fish" means any waterbreathing animal, including
shellfish, such as, but not limited to, lobster, clam, crab, or
other mollusca that is prepared, processed, sold, or intended
for sale.
(i) "Net weight" means the weight of a commodity
excluding any materials, substances, or items not considered
to be part of such commodity. Materials, substances, or
items not considered to be part of a commodity shall
include, but are not limited to, containers, conveyances, bags,
wrappers, packaging materials, labels, individual piece
coverings, decorative accompaniments, and coupons.
(j) "Nonconsumer package" or "package of nonconsumer
commodity" means a commodity in package form other than
a consumer package and particularly a package designed
solely for industrial or institutional use or for wholesale
distribution only.
(k) "Meat" means and shall include all animal flesh,
carcasses, or parts of animals, and shall also include fish,
shellfish, game, poultry, and meat food products of every
kind and character, whether fresh, frozen, cooked, cured, or
processed.
(l) "Official seal of approval" means the seal or certificate issued by the director or city sealer which indicates that
a secondary weights and measures standard or a weighing or
measuring instrument or device conforms with the specifications, tolerances, and other technical requirements adopted in
RCW 19.94.195.
(m) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate,
(2002 Ed.)
19.94.010
firm, copartnership, joint venture, club, company, business
trust, corporation, association, society, or any group of
individuals acting as a unit, whether mutual, cooperative,
fraternal, nonprofit, or otherwise.
(n) "Poultry" means all fowl, domestic or wild, that is
prepared, processed, sold, or intended or offered for sale.
(o) "Service agent" means a person who for hire, award,
commission, or any other payment of any kind, installs, tests,
inspects, checks, adjusts, repairs, reconditions, or systematically standardizes the graduations of a weighing or measuring instrument or device.
(p) "Ton" means a unit of two thousand pounds avoirdupois weight.
(q) "Weighing or measuring instrument or device"
means any equipment or apparatus used commercially to
establish the size, quantity, capacity, count, extent, area,
heaviness, or measurement of quantities, things, produce, or
articles for distribution or consumption, that are purchased,
offered or submitted for sale, hire, or award on the basis of
weight, measure or count, including any accessory attached
to or used in connection with a weighing or measuring
instrument or device when such accessory is so designed or
installed that its operation affects, or may effect, the accuracy or indication of the device. This definition shall be
strictly limited to those weighing or measuring instruments
or devices governed by Handbook 44 as adopted under RCW
19.94.195.
(r) "Weight" means net weight as defined in this section.
(s) "Weights and measures" means the recognized
standards or units of measure used to indicate the size,
quantity, capacity, count, extent, area, heaviness, or measurement of any consumable commodity.
(t) "Secondary weights and measures standard" means
the physical standards that are traceable to the primary
standards through comparisons, used by the director, a city
sealer, or a service agent that under specified conditions
defines or represents a recognized weight or measure during
the inspection, adjustment, testing, or systematic standardization of the graduations of any weighing or measuring
instrument or device.
(2) The director shall prescribe by rule other definitions
as may be necessary for the implementation of this chapter.
[1995 c 355 § 4; 1992 c 237 § 3; 1969 c 67 § 1.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.015 Commercial use of instrument or device—Registration—Fees. (1) Except as provided in
subsection (4) of this section for the initial registration of an
instrument or device, no weighing or measuring instrument
or device may be used for commercial purposes in the state
unless its commercial use is registered annually. If its
commercial use is within a city that has a city sealer and a
weights and measures program as provided by RCW
19.94.280, the commercial use of the instrument or device
shall be registered with the city if the city has adopted fees
pursuant to subsection (2) of this section. If its commercial
use is outside of such a city, the commercial use of the
instrument or device shall be registered with the department.
(2) A city with such a sealer and program may establish
an annual fee for registering the commercial use of such a
weighing or measuring instrument or device with the city.
[Title 19 RCW—page 135]
19.94.015
Title 19 RCW: Business Regulations—Miscellaneous
The annual fee shall not exceed the fee established in RCW
19.94.175 for registering the use of a similar instrument or
device with the department. Fees upon weighing or measuring instruments or devices within the jurisdiction of the city
that are collected under this subsection by city sealers shall
be deposited into the general fund, or other account, of the
city as directed by the governing body of the city.
(3) Registrations with the department are accomplished
as part of the master license system under chapter 19.02
RCW. Payment of the registration fee for a weighing or
measuring instrument or device under the master license
system constitutes the registration required by this section.
(4) The fees established by or under RCW 19.94.175 for
registering a weighing or measuring instrument or device
shall be paid to the department of licensing concurrently
with an application for a master license or with the annual
renewal of a master license under chapter 19.02 RCW. A
weighing or measuring instrument or device shall be initially
registered with the state at the time the owner applies for a
master license for a new business or at the first renewal of
the license that occurs after the instrument or device is first
placed into commercial use. However, the use of an
instrument or device that is in commercial use on *the effective date of this act shall be initially registered at the time
the first renewal of the master license of the owner of the
instrument or device is due following *the effective date of
this act. The department of licensing shall remit to the
department of agriculture all fees collected under this
provision less reasonable collection expenses.
(5) Each city charging registration fees under this
section shall notify the department of agriculture at the time
such fees are adopted and whenever changes in the fees are
adopted. [1995 c 355 § 1.]
*Reviser’s note: 1995 c 355 has different effective dates. The
effective date for sections 1 and 7 is January 1, 1996, and the effective date
for sections 2 through 6 and 8 through 25 is July 1, 1995.
Application—1995 c 355: "This act applies prospectively only and
not retroactively. It applies only to causes of action that arise or that are
commenced on or after *the effective date of this act. This act does not
affect any liability or obligation arising prior to *the effective date of this
act." [1995 c 355 § 27.]
*Reviser’s note: For "the effective date of this act" see note
following RCW 19.94.015.
Effective dates—1995 c 355: "(1) Sections 2 through 6 and 8
through 25 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1995.
(2) Sections 1 and 7 of this act shall take effect January 1, 1996."
[1995 c 355 § 28.]
19.94.150 Standards recognized. The system of
weights and measures in customary use in the United States
and the metric system of weights and measures are jointly
recognized, and either one or both of these systems shall be
used for all commercial purposes in this state. The definitions of basic units of weight and measure and weights and
measures equivalents, as published by the national institute
of standards and technology or any successor organization,
are recognized and shall govern weighing or measuring
instruments or devices used in commercial activities and
other transactions involving weights and measures within this
state. [1992 c 237 § 4; 1991 sp.s. c 23 § 4; 1969 c 67 §
15.]
[Title 19 RCW—page 136]
Legislative findings—1991 sp.s. c 23: "The legislature finds:
(1) Accurate weights and measures are essential for the efficient
operation of commerce in Washington, and weights and measures are
important to both consumers and businesses.
(2) Legislation to expand the weights and measures program and fund
the program with license fees on weights and measures devices has been
considered.
(3) Additional information is necessary before further action can be
taken." [1991 sp.s. c 23 § 1.]
Intent—1991 sp.s. c 23: "It is the intent of the legislature to fund the
current weights and measures program only through the first year of the
1991-93 fiscal biennium, and to base funding of the program for the second
year of the biennium and ensuing biennia upon the recommendations of the
study performed under section 3, chapter 23, Laws of 1991 1st sp. sess."
[1991 sp.s. c 23 § 2.]
19.94.160 State standards. Weights and measures
standards that are in conformity with the standards of the
United States as have been supplied to the state by the
federal government or otherwise obtained by the state for use
as state weights and measures standards, shall, when the
same shall have been certified as such by the national
institute of standards and technology or any successor
organization, be the primary standards of weight and
measure. The state weights and measures standards shall be
kept in a place designated by the director and shall be maintained in such calibration as prescribed by the national
institute of standards and technology or any successor
organization. [1995 c 355 § 5; 1992 c 237 § 5; 1991 sp.s.
c 23 § 5; 1969 c 67 § 16.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.163 Testing by department—Ensuring
enforcement—Issuance of seal of approval—Exception.
(1) Except as provided in subsection (3) of this section and
RCW 19.94.190(1)(d), the department shall test and inspect
each biennium a sufficient number of weighing and measuring instruments and devices to ensure that the provisions of
this chapter are enforced.
(2) The department may issue an official seal of
approval for each weighing or measuring instrument or
device that has been tested and inspected and found to be
correct.
(3) Except as provided in RCW 19.94.216, this section
does not apply to weighing or measuring instruments or
devices located in an area of the state that is within a city
that has a city sealer and a weights and measures program
pursuant to RCW 19.94.280 unless the city sealer does not
possess the equipment necessary to test and inspect the
weighing or measuring instrument or device. [1995 c 355 §
2.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.165 Commercial instruments or devices to be
correct. All weighing or measuring instruments or devices
used for commercial purposes within this state shall be
correct. [1995 c 355 § 6; 1992 c 237 § 6.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
(2002 Ed.)
Weights and Measures
19.94.175 Registration—Inspection and testing—
Fees. (1) Pursuant to RCW 19.94.015, the following annual
registration fees shall be charged for each weighing or
measuring instrument or device used for commercial purposes in this state:
(a)
(i)
(ii)
(iii)
(iv)
(v)
(b)
(i)
(ii)
(iii)
(c)
(i)
(ii)
(d)
(e)
(f)
(g)
Weighing devices:
Small scales "zero to four hundred pounds
capacity" . . . . . . . . . . . . . . . . . . . . . .
Intermediate scales "four hundred one
pounds to five thousand pounds capacity" . . . . . . . . . . . . . . . . . . . . . . . . . . .
Large scales "over five thousand pounds
capacity" . . . . . . . . . . . . . . . . . . . . . .
Large scales with supplemental devices .
Railroad track scales . . . . . . . . . . . . .
Liquid fuel metering devices:
Motor fuel meters with flows of less than
twenty gallons per minute . . . . . . . . . .
Motor fuel meters with flows of more
than twenty but not more than one hundred fifty gallons per minute . . . . . . . .
Motor fuel meters with flows over one
hundred fifty gallons per minute . . . . . .
Liquid petroleum gas meters:
With one inch diameter or smaller dispensers . . . . . . . . . . . . . . . . . . . . . . .
With greater than one inch diameter dispensers . . . . . . . . . . . . . . . . . . . . . . .
Fabric meters . . . . . . . . . . . . . . . . . . .
Cordage meters . . . . . . . . . . . . . . . . . .
Mass flow meters . . . . . . . . . . . . . . . .
Taxi meters . . . . . . . . . . . . . . . . . . . .
$ 5.00
$ 20.00
$ 52.00
$ 52.00
$800.00
$ 5.00
$ 16.00
$ 25.00
$ 10.00
$ 30.00
$ 5.00
$ 5.00
$ 14.00
$ 5.00
(2) With the exception of subsection (3) of this section,
no person shall be required to pay more than the established
fee adopted under this section for any weighing or measuring
instrument or device in any one year.
(3) The department or a city sealer may establish
reasonable inspection and testing fees for each type or class
of weighing or measuring instrument or device specially
requested to be inspected or tested by the device owner.
These inspection and testing fees shall be limited to those
amounts necessary for the department or city sealer to cover
the direct costs associated with such inspection and testing.
The fees established under this subsection shall not be set so
as to compete with service agents normally engaged in such
services. [1995 c 355 § 7; 1992 c 237 § 7.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.185 Deposit of moneys—Weights and measures account—General fund. (1) Except as provided in
subsection (2) of this section, all moneys collected under this
chapter shall be payable to the director and placed in the
weights and measures account hereby established in the
agricultural local fund. Moneys deposited in this account
shall be used solely for the purposes of implementing or
enforcing this chapter. No appropriation is required for the
disbursement of moneys from the weights and measures
account by the director.
(2) Civil penalties collected by the department under
RCW 19.94.510, 19.94.515, and 19.94.517 shall be deposited
(2002 Ed.)
19.94.175
in the state general fund. [1998 c 245 § 9; 1995 c 355 § 8;
1992 c 237 § 8.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.190 Enforcement—Rules. (1) The director and
duly appointed city sealers shall enforce the provisions of
this chapter. The director shall adopt rules for enforcing and
carrying out the purposes of this chapter including but not
limited to the following:
(a) Establishing state standards of weight, measure, or
count, and reasonable standards of fill for any commodity in
package form;
(b) The establishment of technical and reporting
procedures to be followed, any necessary report and record
forms, and marks of rejection to be used by the director and
city sealers in the discharge of their official duties as
required by this chapter;
(c) The establishment of technical test procedures,
reporting procedures, and any necessary record and reporting
forms to be used by service agents when testing and inspecting instruments or devices under RCW 19.94.255(3) or when
otherwise installing, repairing, inspecting, or standardizing
the graduations of any weighing or measuring instruments or
devices;
(d) The establishment of exemptions from the marking
or tagging requirements of RCW 19.94.250 with respect to
weighing or measuring instruments or devices of such
character or size that such marking or tagging would be
inappropriate, impracticable, or damaging to the apparatus in
question;
(e) The establishment of exemptions from the inspection
and testing requirements of RCW 19.94.163 with respect to
classes of weighing or measuring instruments or devices
found to be of such character that periodic inspection and
testing is unnecessary to ensure continued accuracy;
(f) The establishment of inspection and approval
techniques, if any, to be used with respect to classes of
weighing or measuring instruments or devices that are
designed specifically to be used commercially only once and
then discarded, or are uniformly mass-produced by means of
a mold or die and are not individually adjustable; and
(g) The establishment of inspection and testing procedures to be used for classes of weighing or measuring
instruments or devices found to be few in number, highly
complex, and of such character that differential or special
inspection and testing is necessary, including railroad track
scales. The department’s procedures shall include requirements for the provision, maintenance, and transport of any
weight or measure necessary for the inspection and testing
at no expense to the state.
(2) These rules shall also include specifications and
tolerances for the acceptable range of accuracy required of
weighing or measuring instruments or devices and shall be
designed to eliminate from use, without prejudice to weighing or measuring instruments or devices that conform as
closely as practicable to official specifications and tolerances,
those (a) that are of such construction that they are faulty,
that is, that are not reasonably permanent in their adjustment
or will not repeat their indications correctly, or (b) that
facilitate the perpetration of fraud. [1995 c 355 § 9; 1992 c
[Title 19 RCW—page 137]
19.94.190
Title 19 RCW: Business Regulations—Miscellaneous
237 § 9; 1991 sp.s. c 23 § 6; 1989 c 354 § 36; 1977 ex.s. c
26 § 5; 1969 c 67 § 19.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
Severability—1989 c 354: See note following RCW 15.36.012.
19.94.195 Specifications, tolerances, technical
requirements—Adoption—Hearing—Notice. (1) The
department shall adopt the specifications, tolerances, and
other technical requirements for commercial weighing or
measuring instruments or devices, together with amendments
thereto, as recommended by the most recent edition of Handbook 44 published by the national institute of standards and
technology or any successor organization as the specifications, tolerances, and other technical requirements for
commercial weighing or measuring instruments or devices
commercially used in this state.
(2)(a) To promote uniformity, any supplements or
amendments to Handbook 44 or any similar subsequent
publication of the national institute of standards and technology or any successor organization shall be deemed to have
been adopted under this section.
(b) The director may, however, within thirty days of the
publication or effective date of Handbook 44 or any supplements, amendments, or similar publications give public
notice that a hearing will be held to determine if such
publications should not be applicable under this section.
Any such hearing shall be conducted under chapter 34.05
RCW. [1992 c 237 § 10.]
19.94.205 Correct and incorrect—Instruments,
devices, weights, measures—When deemed. For the
purposes of this chapter, weighing or measuring instruments
or devices and weights and measures standards shall be
deemed to be "correct" when they conform to all applicable
requirements of this chapter or the requirements of any rule
adopted by the department under the authority granted in this
chapter; all other weighing or measuring instruments or
devices and weights and measures standards shall be deemed
to be "incorrect." [1992 c 237 § 11.]
19.94.216 Department inspection—City sealer—
Agencies, institutions—Fees. The department shall:
(1) Biennially inspect and test the secondary weights
and measures standards of any city for which the appointment of a city sealer is provided by this chapter and shall
issue an official seal of approval for same when found to be
correct. The department shall, by rule, establish a reasonable
fee for this and any other inspection and testing services
performed by the department’s metrology laboratory. Each
such fee shall recover at least seventy-five percent of the
laboratory’s costs incurred in performing the service governed by the fee on or before June 30, 1998. The fees
established under this subsection may be increased in excess
of the fiscal growth factor as provided in RCW 43.135.055
for the fiscal year ending 1996, 1997, and 1998. For fiscal
year 1999 and thereafter, the fees established under this
subsection may not be increased by an amount greater than
the fiscal growth factor as provided in RCW 43.135.055.
[Title 19 RCW—page 138]
(2) Biennially inspect and test any weighing or measuring instrument or device used in an agency or institution to
which moneys are appropriated by the legislature or of the
federal government and shall report any findings in writing
to the executive officer of the agency or institution concerned. The department shall collect a reasonable fee, to be
set by rule, for testing any such weighing or measuring
instrument or device. [1995 c 355 § 10; 1992 c 237 § 12.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.220 Investigations. In promoting the general
objective of ensuring accuracy of weighing or measuring
instruments or devices and the proper representation of
weights and measures in commercial transactions, the
director or a city sealer shall, upon his or her own initiative
and as he or she deems appropriate and advisable, investigate complaints made concerning violations of the provisions
of this chapter. [1992 c 237 § 13; 1991 sp.s. c 23 § 8; 1969
c 67 § 22.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.230 Inspections and tests to determine
conformity to law—Off sale order—Marks, tags, stamps.
(1) The director or a city sealer may, from time to time,
inspect and test packages or amounts of commodities kept,
offered, exposed for sale, sold, or in the process of delivery
to determine whether the same contain the amounts represented and whether they are kept, offered, exposed for sale
or sold in accordance with law. When such packages or
amounts of commodities are found not to contain the
amounts represented or are found to be kept, offered, or
exposed for sale or sold in violation of law, the director or
city sealer may order them off sale and may mark, tag, or
stamp them in a manner prescribed by the department.
(2) In carrying out the provisions of this section, the
director or city sealer may employ recognized sampling
procedures under which the compliance of a given lot of
packages will be determined on the basis of a result obtained
on a sample selected from and representative of such lot.
(3) No person shall (a) sell, keep, offer, or expose for
sale any package or amount of commodity that has been
ordered off sale as provided in this section unless and until
such package or amount of commodity has been brought into
full compliance with legal requirements or (b) dispose of any
package or amount of commodity that has been ordered off
sale and that has not been brought into compliance with
legal requirements in any manner except with the specific
written approval of the director or city sealer who issued
such off sale order. [1992 c 237 § 14; 1969 c 67 § 23.]
19.94.240 Stop-use, stop-removal, and removal
orders. (1) The director or a city sealer shall have the
power to issue stop-use orders, stop-removal orders, and
removal orders with respect to weighing or measuring
devices being, or susceptible of being, commercially used
within this state.
(2) The director or a city sealer shall also have the
power to issue stop-removal orders and removal orders with
(2002 Ed.)
Weights and Measures
respect to packages or amounts of commodities kept, offered,
exposed for sale, sold, or in process of delivery.
(3) The director or a city sealer shall issue such orders
whenever in the course of his or her enforcement of the
provisions of this chapter or rules adopted hereunder he or
she deems it necessary or expedient to issue such orders.
(4) No person shall use, remove from the premises
specified, or fail to remove from any premises specified any
weighing or measuring instrument or device, commodity in
packaged form, or amount of commodity contrary to the
terms of a stop-use order, stop-removal order or removal
order, issued under the authority of this section. [1992 c 237
§ 15; 1991 sp.s. c 23 § 9; 1969 c 67 § 24.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.250 Inspection of instrument or device to
determine if correct—Rejection or seizure—Confiscation
or destruction—Use of incorrect instrument or device—
Notice. (1) If the director or a city sealer discovers upon
inspection that a weighing or measuring instrument or device
is "incorrect," but in his or her best judgment is susceptible
of satisfactory repair, he or she shall reject and mark or tag
as rejected any such weighing or measuring instrument or
device.
(2) The director or a city sealer may reject or seize any
weighing or measuring instrument or device found to be
incorrect that, in his or her best judgment, is not susceptible
of satisfactory repair.
(3) Weighing or measuring instruments or devices that
have been rejected under subsection (1) of this section may
be confiscated and may be destroyed by the director or a city
sealer if not corrected as required by RCW 19.94.255 or if
used or disposed of contrary to the requirements of that section.
(4) The director or a city sealer shall permit the use of
an incorrect weighing or measuring instrument or device,
pending repairs, if the device is incorrect to the economic
benefit of the consumer and the consumer is not the seller.
However, if the director or city sealer finds such an error,
the director or city sealer shall notify the owner of the instrument or device, or the owner’s representative at the
business location, regarding the error. [1995 c 355 § 11;
1992 c 237 § 16; 1991 sp.s. c 23 § 10; 1969 c 67 § 25.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.255 Correction of rejected weights and
measures. (1) Weighing or measuring instruments or
devices that have been rejected under the authority of the
director or a city sealer shall remain subject to the control of
the rejecting authority until such time as suitable repair or
disposition thereof has been made as required by this
section.
(2) The owner of any weighing or measuring instrument
or device that has been marked or tagged as rejected by the
director or a city sealer shall cause the same to be made
correct within thirty days or such longer period as may be
authorized by the rejecting authority. In lieu of correction,
the owner of such weighing and measuring instrument or
(2002 Ed.)
19.94.240
device may dispose of the same, but only in the manner specifically authorized by the rejecting authority.
(3) Weighing and measuring instruments or devices that
have been rejected shall not again be used commercially
until they have been reexamined and found to be correct by
the department, city sealer, or a service agent registered with
the department.
(4) If a weighing or measuring instrument or device
marked or tagged as rejected is placed back into commercial
service by a service agent registered with the department, the
agent shall provide a signed certification to the owner or
operator of the instrument or device so indicating and shall
report to the rejecting authority as provided by rule under
RCW 19.94.190(1)(c). [1995 c 355 § 12; 1992 c 237 § 17;
1991 sp.s. c 23 § 14; 1969 c 67 § 33. Formerly RCW
19.94.330.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.258 Service agent—Registration certificate.
(1) Except as authorized by the department, a service agent
who intends to provide the examination that permits a
weighing or measuring instrument or device to be placed
back into commercial service under RCW 19.94.255(3) shall
receive an official registration certificate from the director
prior to performing such a service. This registration requirement does not apply to the department or a city sealer.
(2) Except as provided in RCW 19.94.2584, a registration certificate is valid for one year. It may be renewed by
submitting a request for renewal to the department. [2000
c 171 § 61; 1995 c 355 § 15.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.2582 Service agent—Registration certificate—
Fee—Decision—Denial—Notice—Refund. (1) Each
request for an official registration certificate shall be in
writing, under oath, and on a form prescribed by the department and shall contain any relevant information as the
director may require, including but not limited to the
following:
(a) The name and address of the person, corporation,
partnership, or sole proprietorship requesting registration;
(b) The names and addresses of all individuals requesting an official registration certificate from the department;
and
(c) The tax registration number as required under RCW
82.32.030 or uniform business identifier provided on a
master license issued under RCW 19.02.070.
(2) Each individual when submitting a request for an
official registration certificate or a renewal of such a
certificate shall pay a fee to the department in the amount of
eighty dollars per individual.
(3) The department shall issue a decision on a request
for an official registration certificate within twenty days of
receipt of the request. If an individual is denied their
request for an official registration certificate, the department
must notify that individual in writing stating the reasons for
the denial and shall refund any payments made by that
[Title 19 RCW—page 139]
19.94.2582
Title 19 RCW: Business Regulations—Miscellaneous
individual in connection with the request. [1995 c 355 § 16.
Formerly RCW 19.94.025.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.2584 Service agent—Registration certificate—
Revocation, suspension, refusal to renew—Appeal. (1)
The department shall have the power to revoke, suspend, or
refuse to renew the official registration certificate of any
service agent for any of the following reasons:
(a) Fraud or deceit in obtaining an official registration
certificate under this chapter;
(b) A finding by the department of a pattern of intentional fraudulent or negligent activities in the installation,
inspection, testing, checking, adjusting, or systematically
standardizing and approving the graduations of any weighing
or measuring instrument or device;
(c) Knowingly placing back into commercial service any
weighing or measuring instrument or device that is incorrect;
(d) A violation of any provision of this chapter; or
(e) Conviction of a crime or an act constituting a crime
under the laws of this state, the laws of another state, or
federal law.
(2) Upon the department’s revocation of, suspension of,
or refusal to renew an official registration certificate, an
individual shall have the right to appeal this decision in
accordance with the administrative procedure act, chapter
34.05 RCW. [2000 c 171 § 62; 1995 c 355 § 17. Formerly
RCW 19.94.035.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.260 Rejection—Seizure for use as evidence—
Entry of premises—Search warrant. (1) With respect to
the enforcement of this chapter and any other acts dealing
with weights and measures that he or she is, or may be
empowered to enforce, the director or a city sealer may
reject or seize for use as evidence incorrect weighing or
measuring instruments or devices or packages of commodities to be used, retained, offered, exposed for sale, or sold in
violation of the law.
(2) In the performance of his or her official duties
conferred under this chapter, the director or a city sealer is
authorized at reasonable times during the normal business
hours of the person using a weighing or measuring instrument or device to enter into or upon any structure or
premises where such weighing or measuring instrument or
device is used or kept for commercial purposes. If the
director or a city sealer is denied access to any premises or
establishment where such access was sought for the purposes
set forth in this chapter, the director or a city sealer may
apply to any court of competent jurisdiction for a search
warrant authorizing access to such premises or establishment
for such purposes. The court may, upon such application,
issue the search warrant for the purposes requested. [1992
c 237 § 18; 1991 sp.s. c 23 § 11; 1969 c 67 § 26.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
action of the department or a city sealer conferred under this
chapter, including but not limited to, "stop-use orders,"
"stop-removal orders," "removal orders," "condemnation," or
"off sale order" may within thirty days after an order is
given or any action is taken, petition the director for a
hearing to determine the matter. Such proceedings and any
appeal therefrom shall be taken in accordance with the
administrative procedure act, chapter 34.05 RCW.
(2) The director shall give due notice and hold a hearing
within ten days after the confiscation or seizure of any
weighing or measuring instrument or device or commodity
under RCW 19.94.250 or the seizure of any weighing or
measuring instrument or device for evidence under RCW
19.94.260. This hearing shall be for the purposes of
determining whether any such weighing or measuring
instrument or device or commodity was properly confiscated
or seized, to determine whether or not such weighing or
measuring instrument or device or commodity was used for,
or is in, violation of any provision of this chapter or to
determine the disposition to be made of such weighing or
measuring instrument or device or commodity. Such
proceedings and any appeal therefrom shall be taken in
accordance with the administrative procedure act, chapter
34.05 RCW.
(3) The department may by rule establish procedures for
the administration of this section. [1992 c 237 § 19.]
19.94.280 City sealers and deputies—Appointment,
removal—Record, report—Testing of devices and instruments—Seal of approval. (1) There may be a city sealer
in every city and such deputies as may be required by
ordinance of each such city to administer and enforce the
provisions of this chapter.
(2) Each city electing to have a city sealer shall adopt
rules for the appointment and removal of the city sealer and
any deputies required by local ordinance. The rules for
appointment of a city sealer and any deputies must include
provisions for the advice and consent of the local governing
body of such city and, as necessary, any provisions for local
civil service laws and regulations.
(3) A city sealer shall keep a complete and accurate
record of all official acts performed under the authority of
this chapter and shall submit an annual report to the governing body of his or her city and shall make any reports as
may be required by the director.
(4) The city sealer shall test and inspect a sufficient
number of weighing and measuring instruments and devices
to ensure that the provisions of this chapter are enforced in
the city. This subsection does not apply to weighing or
measuring instruments or devices for which the sealer does
not have the necessary testing or inspection equipment or to
instruments or devices that are to be inspected by the
department under RCW 19.94.216(2).
(5) A city sealer may issue an official seal of approval
for each weighing or measuring instrument or device that has
been inspected and tested and found to be correct. [1995 c
355 § 13; 1992 c 237 § 20; 1969 c 67 § 28.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.265 Grievances—Procedure—Notice—
Hearing—Rules. (1) Any person aggrieved by any official
[Title 19 RCW—page 140]
(2002 Ed.)
Weights and Measures
19.94.310 City sealers and deputies—Duties of
governing body—Sealer to have standards comparison
made every two years. (1) The governing body of each
city for which a city sealer has been appointed as provided
for by RCW 19.94.280 shall:
(a) Procure at the expense of the city the official
weights and measures standards and any field weights and
measures standards necessary for the administration and
enforcement of the provisions of this chapter or any rule that
may be prescribed by the director;
(b) Provide a suitable office for the city sealer and any
deputies that have been duly appointed; and
(c) Make provision for the necessary clerical services,
supplies, transportation and for defraying contingent expenses incidental to the official activities of the city sealer and
his or her deputies in carrying out the provisions of this
chapter.
(2) When the acquisition of the official weights and
measures standards required under subsection (1)(a) of this
section has been made and such weights and measures
standards have been examined and approved by the director,
they shall be the certified weights and measures standards
for such city.
(3) In order to maintain field weights and measures
standards in accurate condition, the city sealer shall, at least
once every two years, compare the field weights and
measures standards used within his or her city to the
certified weights and measures standards of such city or to
the official weights and measures standards of this state.
[2000 c 171 § 63; 1992 c 237 § 21; 1969 c 67 § 31.]
19.94.320 City sealers—Director—General oversight
powers, concurrent authority—Powers and duties of
chapter are additional. (1) In cities for which city sealers
have been appointed as provided for in this chapter, the
director shall have general oversight powers over city
weights and measures programs and may, when he or she
deems it reasonably necessary, exercise concurrent authority
to carry out the provisions of this chapter.
(2) When the director elects to exercise concurrent
authority within a city with a duly appointed city sealer, the
director’s powers and duties relative to this chapter shall be
in addition to the powers granted in any such city by law or
charter. [1995 c 355 § 14; 1992 c 237 § 22; 1969 c 67 §
32.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.325 Service agent—Inspection and testing of
weights and measures—Seal of approval—Fees—
Violation—Penalty. (1) Except as otherwise provided for
in this chapter or in any rule adopted under the authority of
this chapter, any person who engages in business within this
state as a service agent shall biennially submit to the
department for inspection and testing all weights and
measures standards used by the service agent, or any agent
or employee of the service agent. If the department finds
such weights and measures standards to be correct, the
director shall issue an official seal of approval for each such
standard.
(2002 Ed.)
19.94.310
(2) The department may by rule adopt reasonable fees
for the inspection and testing services performed by the
weights and measures laboratory pursuant to this section.
(3) A service agent shall not use in the installation,
inspection, adjustment, repair, or reconditioning of any
weighing or measuring instrument or device any weight or
measure standard that does not have a valid, official seal of
approval from the director. Any service agent who violates
this section is subject to a civil penalty of no more than five
hundred dollars. [1992 c 237 § 23.]
19.94.340 Sale of commodities—Measurement—
Exceptions—Rules to assure good practice and accuracy.
(1) Except as provided in subsection (2) of this section,
commodities in liquid form shall be sold only by liquid
measure or by weight, and, except as otherwise provided in
this chapter, commodities not in liquid form shall be sold
only by weight, by measure of length or area, or by count.
(2) Liquid commodities may be sold by weight and
commodities not in liquid form may be sold by count only
if such methods provide accurate information as to the
quantity of commodity sold.
(3) The provisions of this section shall not apply to:
(a) Commodities that are sold for immediate consumption on the premises where sold;
(b) Vegetables when sold by the head or bunch;
(c) Commodities in containers standardized by a law of
this state or by federal law;
(d) Commodities in package form when there exists a
general consumer usage to express the quantity in some
other manner;
(e) Concrete aggregates, concrete mixtures, and loose
solid materials such as earth, soil, gravel, crushed stone, and
the like, when sold by cubic measure; or
(f) Unprocessed vegetable and animal fertilizer when
sold by cubic measure.
(4) The director may issue such reasonable rules as are
necessary to assure that amounts of commodity sold are
determined in accordance with good commercial practice and
are so determined and represented to be accurate and
informative to all interested parties. [1992 c 237 § 24; 1991
sp.s. c 23 § 15; 1969 c 67 § 34.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.350 Packaged commodities in intrastate
commerce—Declaration of contents on outside—Rules.
(1) Except as otherwise provided in this chapter, any commodity in package form introduced or delivered for introduction into or received in intrastate commerce, kept for the
purpose of sale, offered or exposed for sale or sold in
intrastate commerce, shall bear on the outside of the package
such definite, plain, and conspicuous declaration of:
(a) The identity of the commodity contained within the
package unless the same can easily be identified through the
package;
(b) The net quantity of the contents in terms of weight,
measure or count; and
(c) In the case of any package not sold on the premises
where packed, the name and place of business of the
[Title 19 RCW—page 141]
19.94.350
Title 19 RCW: Business Regulations—Miscellaneous
manufacturer, packer, or distributor, as may be prescribed by
rule issued by the director.
(2) In connection with the declaration required under
subsection (1)(b) of this section, neither the qualifying term
"when packed" or any words of similar import, nor any term
qualifying a unit of weight, measure, or count (for example,
"jumbo", "giant", "full", "or over", and the like) that tends to
exaggerate the amount of commodity in a package, shall be
used.
(3) With respect to the declaration required under
subsection (1)(b) of this section the director shall by rule
establish: (a) Reasonable variations to be allowed, (b)
exemptions as to small packages, and (c) exemptions as to
commodities put up in variable weights or sizes for sale to
the consumer intact and either customarily not sold as
individual units or customarily weighed or measured at time
of sale to the consumer. [1992 c 237 § 25; 1991 sp.s. c 23
§ 16; 1969 c 67 § 35.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.360 Declaration of price on outside of package. In addition to the declarations required by RCW
19.94.350, any commodity in package form, the package
being one of a lot containing random weights, measures or
counts of the same commodity at the time it is exposed for
sale at retail, shall bear on the outside of the package a plain
and conspicuous declaration of the price per single unit of
weight, measure, or count and the total selling price of the
package. [1995 c 355 § 18; 1969 c 67 § 36.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.370 Misleading wrappers, containers of
packaged commodities—Standards of fill required. No
commodity in package form shall be so wrapped, nor shall
it be in a container so made, formed or filled as to mislead
the purchaser as to the quantity of the contents of the
package, and the contents of a container shall not fall below
such reasonable standards of fill as may have been prescribed by the director for the commodity in question. [1992
c 237 § 26; 1969 c 67 § 37.]
19.94.390 Price not to be misleading, deceiving,
misrepresented—Fractions—Examination procedure
standard—Department may revise—Electronic scanner
screen visibility. (1) Whenever any commodity or service
is sold, or is offered, exposed, or advertised for sale, by
weight, measure, or count, the price shall not be misrepresented, nor shall the price be represented in any manner
calculated or tending to mislead or deceive an actual or
prospective purchaser. Whenever an advertised, posted or
labeled price per unit of weight, measure, or count includes
a fraction of a cent, all elements of the fraction shall be
prominently displayed and the numeral or numerals expressing the fraction shall be immediately adjacent to, of the same
general design and style as, and at least one-half the height
and one-half the width of the numerals representing the
whole cents.
(2) The examination procedure recommended for price
verification by the price verification working group of the
[Title 19 RCW—page 142]
laws and regulations committee of the national conference on
weights and measures (as reflected in the fourth draft, dated
November 1, 1994) for devices such as electronic scanners
shall govern such examinations conducted under this chapter.
The procedure shall be deemed to be adopted under this
chapter. However, the department may revise the procedure
as follows: The department shall provide notice of and
conduct a public hearing pursuant to chapter 34.05 RCW to
determine whether any revisions to this procedure made by
the national institute of standards and technology or its
successor organization for incorporating the examination
procedure into an official handbook of the institute or its
successor, or any subsequent revisions of the handbook
regarding such procedures shall also be adopted under this
chapter. If the department determines that the procedure
should be so revised, it may adopt the revisions. Violations
of this section regarding the use of devices such as electronic
scanners may be found only as provided by the examination
procedures adopted by or under this subsection.
(3) Electronic scanner screens installed after January 1,
1996, and used in retail establishments must be visible to the
consumer at the checkout line. [2000 c 171 § 64; 1995 c
355 § 20; 1969 c 67 § 39.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.400 Meat, fish, poultry to be sold by weight—
Exceptions. Except for immediate consumption on the
premises where sold or as one of several elements comprising a meal sold as a unit, for consumption elsewhere than on
the premises where sold, all meat, meat products, fish and
poultry offered or exposed for sale or sold as food, unless
otherwise provided for by the laws of the state of Washington, shall be offered or exposed for sale and sold by weight.
[1969 c 67 § 40.]
19.94.410 Butter, margarine to be sold by weight.
Butter, oleomargarine and margarine shall be offered and
exposed for sale and sold by weight. [1995 c 355 § 19;
1988 c 63 § 1; 1969 c 67 § 41.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.420 Fluid dairy products to be packaged for
retail sale in certain units. All fluid dairy products,
including but not limited to whole milk, skimmed milk, cultured milk, sweet cream, sour cream and buttermilk and all
fluid imitation and fluid substitute dairy products shall be
packaged for retail sale only in units as provided by the
director of the department of agriculture by rule pursuant to
the provisions of chapter 34.05 RCW. [1991 sp.s. c 23 § 17;
1975 1st ex.s. c 51 § 1; 1969 c 67 § 42.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.430 Packaged flour to be kept, sold, etc., in
certain units. When in package form and when packed,
kept, offered, exposed for sale or sold, flour such as, but not
limited to, wheat flour, whole wheat flour, graham flour,
self-rising wheat flour, phosphated wheat flour, bromated
flour, enriched flour, enriched self-rising flour, enriched
(2002 Ed.)
Weights and Measures
bromated flour, corn flour, corn meal and hominy grits shall
be packaged only in units of five, ten, twenty-five, fifty and
one hundred pounds avoirdupois weight: PROVIDED, That
packages in units of less than five pounds or more than one
hundred pounds shall be permitted. [1969 c 67 § 43.]
19.94.440 Commodities sold in bulk—Delivery
tickets. (1) When a vehicle delivers to an individual
purchaser a commodity in bulk, and the commodity is sold
in terms of weight units, the delivery must be accompanied
by a duplicate delivery ticket with the following information
clearly stated, in ink or other indelible marking equipment
and, in clarity, equal to type or printing:
(a) The name and address of the vendor;
(b) The name and address of the purchaser; and
(c) The weight of the delivery expressed in pounds, and,
if the weight is derived from determinations of gross and
tare weights, such gross and tare weights also must be stated
in terms of pounds.
(2) One of the delivery tickets shall be retained by the
vendor, and the other shall be delivered to the purchaser at
the time of delivery of the commodity, or shall be surrendered on demand to the director or the city sealer who, if he
or she elects to retain it as evidence, shall issue a weight slip
in lieu thereof for delivery to the purchaser.
(3) If the purchaser himself or herself carries away the
purchase, the vendor shall be required only to give the
purchaser at the time of sale a delivery ticket stating the
number of pounds of commodity delivered. [1992 c 237 §
27; 1991 sp.s. c 23 § 18; 1969 c 67 § 44.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.450 Solid fuels to be sold by weight, cubic
measure—Delivery tickets. (1) Except as provided in
subsection (2) of this section, all solid fuels such as, but not
limited to, coal, coke, charcoal, broiler chips, pressed fuels
and briquets shall be sold by weight.
(2) All solid fuels such as hogged fuel, sawdust and
similar industrial fuels may be sold or purchased by cubic
measure.
(3) Unless a fuel is delivered to the purchaser in
package form, each delivery of such fuel to an individual
purchaser must be accompanied by a duplicate delivery
ticket with the following information clearly stated, in ink or
other indelible marking equipment and, in clarity equal to
type or printing:
(a) The name and address of the vendor;
(b) The name and address of the purchaser; and
(c) The weight of the delivery and the gross and tare
weights from which the weight is computed, each expressed
in pounds.
(4) One of the delivery tickets shall be retained by the
vendor and the other shall be delivered to the purchaser at
the time of delivery of the fuel, or shall be surrendered, on
demand, to the director or the city sealer who, if he or she
elects to retain it as evidence, shall issue a weight slip in lieu
thereof for delivery to the purchaser.
(5) If the purchaser himself or herself carries away the
purchase, the vendor shall be required only to give to the
purchaser at the time of sale a delivery ticket stating the
(2002 Ed.)
19.94.430
number of pounds of fuel delivered. [1992 c 237 § 28; 1991
sp.s. c 23 § 19; 1969 c 67 § 45.]
Legislative findings—Intent—1991 sp.s. c 23: See notes following
RCW 19.94.150.
19.94.460 Heating oils—Delivery tickets—
Statements. (1) All stove and furnace oil shall be sold by
liquid measure or by weight in accordance with the provisions of RCW 19.94.340.
(2) Unless such fuel is delivered to the purchaser in
package form, each delivery of such fuel in an amount
greater than ten gallons in the case of sale by liquid measure
or one hundred pounds in the case of sale by weight must be
accompanied by a delivery ticket or a written statement on
which, in ink or other indelible substance, there shall be
clearly and legibly stated:
(a) The name and address of the vendor;
(b) The name and address of the purchaser;
(c) The identity of the type of fuel comprising the
delivery;
(d) The unit price (that is, price per gallon or per pound,
as the case may be), of the fuel delivered;
(e) In the case of sale by liquid measure, the liquid
volume of the delivery together with any meter readings
from which such liquid volume has been computed, expressed in terms of the gallon and its binary or decimal
subdivisions; and
(f) In the case of sale by weight, the net weight of the
delivery, together with any weighing scale readings from
which such net weight has been computed, expressed in
terms of tons or pounds avoirdupois.
(3) The delivery ticket required under this section must
be delivered at the time of delivery unless an agreement,
written or otherwise, between the vendor and the purchaser
has been reached regarding the delivery of such delivery
ticket. [1992 c 237 § 29; 1969 c 67 § 46.]
19.94.470 Berries and small fruit. Berries and small
fruit shall be offered and exposed for sale and sold by
weight, or by measure in open containers having capacities
of one-half dry pint, one dry pint or one dry quart: PROVIDED, That the marking provisions of RCW 19.94.340
shall not apply to such dry volume containers. [1969 c 67
§ 47.]
19.94.480 Fractional units as fractional value.
Fractional parts of any unit of weight or measure shall mean
like fractional parts of the value of such unit as prescribed
in RCW 19.94.150. [1992 c 237 § 30; 1969 c 67 § 48.]
19.94.485 Contracts—Construction. All contracts
concerning the sale of commodities and services by weight,
measure, or count, will be construed in accordance with the
weights and measures adopted under this chapter. [1992 c
237 § 31.]
19.94.490 Obstruction of director or sealer in
performance of duties—Penalty. Any person who shall
hinder or obstruct in any way the director or a city sealer in
the performance of his or her official duties under this
[Title 19 RCW—page 143]
19.94.490
Title 19 RCW: Business Regulations—Miscellaneous
chapter is subject to a civil penalty of no more than five
hundred dollars. [1992 c 237 § 32; 1969 c 67 § 49.]
19.94.500 Impersonation of director or sealer—
Penalty. Any person who shall impersonate in any way the
director or a city sealer, by using an official seal of approval
without specific authorization to do so or by using a counterfeit seal of approval, or in any other manner, is subject to
a civil penalty of no more than one thousand dollars. [1992
c 237 § 33; 1969 c 67 § 50.]
19.94.505 Gasoline containing alcohol—Dispensing
device label required—Carbon monoxide nonattainment
area—Penalty. (1) It is unlawful for any dealer, as defined
in RCW 82.36.010, to sell ethanol and/or methanol at one
percent, by volume, or greater in gasoline for use as motor
vehicle fuel unless the dispensing device has a label stating
the type and maximum percentage of alcohol contained in
the motor vehicle fuel.
(2) In any county, city, or other political subdivision
designated as a carbon monoxide nonattainment area
pursuant to the provisions of subchapter I of the clean air act
amendments of 1990, P.L. 101-549, and in which the sale of
oxygenated petroleum products is required by section 211(m)
of the clean air act amendments of 1990, 42 U.S.C. 7545(m),
any dealer, as defined in RCW 82.36.010, who sells or
dispenses a petroleum product that contains at least one
percent, by volume, ethanol, methanol, or other oxygenate,
shall post only such label or notice as may be required
pursuant to 42 U.S.C. 7545(m)(4) or any amendments thereto or any successor provision thereof. This provision shall
be applicable only during such portion of the year as
oxygenated petroleum product sales are required pursuant to
42 U.S.C. 7545(m).
(3) Any person who violates this section is subject to a
civil penalty of no more than five hundred dollars. [2000 c
171 § 65; 1992 c 237 § 34; 1984 c 61 § 1.]
19.94.507 Gasoline delivered to service stations—
Invoice required. Persons delivering gasoline to retail
service stations shall supply the station with an invoice
which shall include the following information: (1) The gross
volume of gasoline and the net volume of gasoline at sixty
degrees Fahrenheit; (2) the time and temperature of the
gasoline as loaded onto the delivery truck; and (3) the time
of delivery to the retail service station. [1987 c 42 § 2.]
Intent—1987 c 42: "The legislature finds: That leaking underground
storage tanks containing petroleum products may pose a significant and
widespread problem to human health and the environment, that current
inventory procedures are inadequately suited to identify leaking underground
storage tanks, and that new measures are needed to properly determine
which tanks may be leaking." [1987 c 42 § 1.]
19.94.510 Unlawful practices—Penalty. (1) Any
person who, by himself or herself, by his or her agent or
employee, or as the agent or employee of another person,
performs any one of the acts enumerated in (a) through (l)
of this subsection is subject to a civil penalty of no more
than one thousand dollars:
(a) Use or have in possession for the purpose of using
for any commercial purpose a weighing or measuring
instrument or device that is intentionally calculated to falsify
[Title 19 RCW—page 144]
any weight, measure, or count of any commodity, or to sell,
offer, expose for sale or hire or have in possession for the
purpose of selling or hiring an incorrect weighing or measuring instrument or device or any weighing or measuring
instrument or device calculated to falsify any weight or
measure.
(b) Knowingly use or have in possession for current use
in the buying or selling of any commodity or thing, for hire
or award, or in the computation of any basic charge or
payment for services rendered on the basis of weight,
measurement, or count, or in the determination of weight,
measurement or count, when a charge is made for such
determination, any incorrect weighing or measuring instrument or device.
(c) Dispose of any rejected weighing or measuring
instrument or device in a manner contrary to law or rule.
(d) Remove from any weighing or measuring instrument
or device, contrary to law or rule, any tag, seal, stamp or
mark placed thereon by the director or a city sealer.
(e) Sell, offer or expose for sale less than the quantity
he or she represents of any commodity, thing or service.
(f) Take more than the quantity he or she represents of
any commodity, thing, or service when, as buyer, he or she
furnishes the weight, measure, or count by means of which
the amount of the commodity, thing or service is determined.
(g) Keep for the purpose of sale, advertise, offer or
expose for sale or sell any commodity, thing or service
known to be in a condition or manner contrary to law or
rule.
(h) Use in retail trade, except in the preparation of
packages put up in advance of sale and of medical prescriptions, a weighing or measuring instrument or device that is
not so positioned that its indications may be accurately read
and the weighing or measuring operation observable from
some position which may reasonably be assumed by a
customer.
(i) Knowingly approve or issue an official seal of
approval for any weighing or measuring instrument or device
known to be incorrect.
(j) Find a weighing or measuring instrument or device
to be correct under RCW 19.94.255 when the person knows
the instrument or device is incorrect.
(k) Fails to disclose to the department or a city sealer
any knowledge of information relating to, or observation of,
any device or instrument added to or modifying any weighing or measuring instrument or device for the purpose of
selling, offering, or exposing for sale, less than the quantity
represented of a commodity or calculated to falsify weight
or measure, if the person is a service agent.
(l) Violate any other provision of this chapter or of the
rules adopted under the provisions of this chapter for which
a specific penalty has not been prescribed.
(2) Any person who, by himself or herself, by his or her
agent or employee, or as the agent or employee of another
person, violates RCW 19.94.390 as determined by the
examination procedure adopted by or under RCW
19.94.390(2) is subject to a civil penalty of not more than
one thousand dollars.
(3) Any person who, by himself or herself, by his or her
agent or employee, or as the agent or employee of another
person, performs any of the following acts is subject to a
civil penalty of no more than five thousand dollars:
(2002 Ed.)
Weights and Measures
(a) Knowingly adds to or modifies any weighing or
measuring instrument or device by the addition of a device
or instrument that would allow the sale, or the offering or
exposure for sale, of less than the quantity represented of a
commodity or falsification of weight or measure.
(b) Commits as a fourth or subsequent infraction any of
the acts listed in subsection (1) or (2) of this section. [1995
c 355 § 21; 1992 c 237 § 35; 1969 c 67 § 51.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.515 Unlawful commercial use of instrument
or device—Penalty. A person who owns a weighing or
measuring instrument or device and uses or permits the use
of the instrument for commercial purposes in violation of
RCW 19.94.015 is subject to a civil penalty of fifty dollars
for each such instrument or device used or permitted to be
used in violation of RCW 19.94.015. [1995 c 355 § 22.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.517 Incorrect commercial instrument or
device to benefit of owner/operator—Penalties—Appeal.
(1) Whenever the department or a city sealer tests or inspects
a weighing or measuring instrument or device and finds the
instrument or device to be incorrect to the economic benefit
of the owner/operator of the weighing or measuring instrument or device and to the economic detriment of the
customer, the owner of the weighing or measuring instrument or device may be subject to the following civil penalties:
Device deviations outside the tolerances stated in Handbook
44.
Penalty
Small weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . . . . . $ 50.00
Second or subsequent violation within one year of
first violation . . . . . . . . . . . . . . . . . . . . . $150.00
Medium weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . . . . $100.00
Second or subsequent violation within one year of
first violation . . . . . . . . . . . . . . . . . . . . . $300.00
Large weighing or measuring instruments or devices:
First violation . . . . . . . . . . . . . . . . . . . . . $200.00
Second or subsequent violation within one year of
first violation . . . . . . . . . . . . . . . . . . . . . $500.00
(2) For the purposes of this section:
(a) The following are small weighing or measuring
instruments or devices: Scales of zero to four hundred
pounds capacity, liquid fuel metering devices with flows of
not more than twenty gallons per minute, liquid petroleum
gas meters with one inch in diameter or smaller dispensers,
fabric meters, cordage meters, and taxi meters.
(b) The following are medium weighing or measuring
instruments or devices: Scales of four hundred one to five
thousand pounds capacity, liquid fuel metering devices with
flows of more than twenty but not more than one hundred
fifty gallons per minute, and mass flow meters.
(c) The following are large weighing or measuring
instruments or devices: Liquid petroleum gas meters with
greater than one inch diameter dispensers, liquid fuel
(2002 Ed.)
19.94.510
metering devices with flows over one hundred fifty gallons
per minute, and scales of more than five thousand pounds
capacity and scales of more than five thousand pounds
capacity with supplemental devices.
(3) The director or a city sealer shall issue the appropriate civil penalty concurrently with the conclusion of the test
or inspection.
(4) The weighing or measuring instrument or device
owner shall have the right to appeal the civil penalty in
accordance with the administrative procedure act, chapter
34.05 RCW. [1995 c 355 § 23.]
Application—Effective dates—1995 c 355: See notes following
RCW 19.94.015.
19.94.520 Injunction against violations. The director
is authorized to apply to any court of competent jurisdiction
for, and such court upon hearing and for cause shown may
grant, a temporary or permanent injunction restraining any
person from violating any provision of this chapter. [1969
c 67 § 52.]
19.94.530 Proof of existence of weighing or measuring instrument or device presumed proof of regular use.
For the purposes of this chapter, proof of the existence of a
weighing or measuring instrument or device in or about any
building, enclosure, stand, or vehicle in which or from which
it is shown that buying or selling is commonly carried on,
shall, in the absence of conclusive evidence to the contrary,
be presumptive proof of the regular use of such weighing or
measuring instrument or device for commercial purposes and
of such use by the person in charge of such building,
enclosure, stand or vehicle. [1992 c 237 § 36; 1969 c 67 §
53.]
19.94.900 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy available
at law. [1969 c 67 § 54.]
19.94.910 Severability—1969 c 67. If any section or
provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the act as a whole, or any section, provision or
part thereof not adjudged invalid or unconstitutional. [1969
c 67 § 55.]
19.94.920 Effective date—1992 c 237. This act shall
take effect July 1, 1992. [1992 c 237 § 41.]
Chapter 19.98
FARM IMPLEMENTS, MACHINERY, PARTS
Sections
19.98.008
19.98.010
19.98.020
19.98.030
19.98.040
19.98.100
19.98.120
Definitions.
Cancellation of contract—Parties’ duties.
Repurchase payments—Liens and claims.
Prices—How determined.
Failure or refusal to make payments—Civil action.
Findings.
Violations.
[Title 19 RCW—page 145]
Chapter 19.98
19.98.130
19.98.140
19.98.150
19.98.160
19.98.170
19.98.180
19.98.190
19.98.200
19.98.210
19.98.900
19.98.910
19.98.911
19.98.912
Title 19 RCW: Business Regulations—Miscellaneous
Termination, cancellation, or nonrenewal of dealer agreement—Notice.
Actions against suppliers—Remedies.
Successors in interest.
Establishment of new dealership—Supplier’s duties.
Warranty claims.
Audit of warranty claims.
Civil action—Award.
Supplier-required work.
Arbitration—Dealer’s cause of action against supplier—
Remedies not exclusive.
Effective date—1975 1st ex.s. c 277.
Severability—1975 1st ex.s. c 277.
Severability—1990 c 124.
Effective date—Application—1990 c 124.
19.98.008 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Audit" means a review by a supplier of a dealer’s
warranty claims records.
(2) "Change in competitive circumstances" means to
materially impact a specific dealer’s ability to compete with
similarly situated dealers selling the same brand of equipment.
(3) "Current net price" means the price charged to a
dealer for repair parts as listed in the printed price list,
catalog, or electronic catalog of the supplier in effect at the
time a warranty claim is made and superseded parts listed in
current price lists, catalogs, or electronic catalogs when parts
had previously been purchased from the supplier and held by
the dealer on the date of the cancellation or discontinuance
of a dealer agreement or thereafter received by the dealer
from the supplier.
(4) "Dealer" means a person primarily engaged in the
retail sale and service of farm equipment, including a person
engaged in the retail sale of outdoor power equipment who
is primarily engaged in the retail sale and service of farm
equipment. Dealer does not include a person primarily
engaged in the retail sale of outdoor power equipment or a
supplier.
(5) "Dealer agreement" means an oral or written
contract or agreement for a definite or indefinite period of
time in which a supplier of equipment grants to a dealer
permission to use a trade name, service mark, or related
characteristic, and where there is a community of interest in
the marketing of equipment or services related to the
equipment at wholesale, retail, leasing, or otherwise.
(6) "Dealership" means the retail sale business engaged
in by a dealer under a dealer agreement.
(7) "Distributor" means a person who sells or distributes
new equipment to dealers or who maintains distributor
representatives within the state.
(8) "Distributor branch" means a branch office, maintained by a distributor, that sells or distributes new equipment to dealers. "Distributor branch" includes representatives of the branch office.
(9)(a) "Equipment" includes:
(i) Farm equipment. Farm equipment includes but is
not limited to tractors, trailers, combines, tillage implements,
balers, and other equipment, including attachments and
accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural,
or livestock products.
[Title 19 RCW—page 146]
(ii) Outdoor power equipment. Outdoor power equipment includes self-propelled equipment that is used to
maintain commercial, public, or residential lawns and gardens or used in landscape, turf, or golf course maintenance.
(b) "Equipment" does not include motor vehicles
designed or intended for use upon public roadways as
defined in RCW 46.70.011 or motorcycles as defined in
RCW 46.94.010.
(10) "Factory branch" means a branch office maintained
by a manufacturer that makes or assembles equipment for
sale to distributors or dealers or that is maintained for
directing and supervising the representatives of the manufacturer.
(11) "Factory representative" means a person employed
by a manufacturer or by a factory branch for the purpose of
selling or promoting the sale of equipment or for supervising, servicing, instructing, or contracting with dealers or
prospective dealers.
(12) "Free on board" or "F.O.B." has the same meaning
as described in RCW 62A.2-319.
(13) "Geographic market area" means the geographic
region for which a particular dealer is responsible for the
marketing, selling, leasing, or servicing of equipment
pursuant to a dealer agreement.
(14) "Good cause" means failure by a dealer to comply
with requirements imposed upon the dealer by the dealer
agreement, provided such requirements are not different from
those requirements imposed on other similarly situated
dealer[s] in the state either by their terms or in the manner
of their enforcement.
(15) "Manufacturer" means a person engaged in the
business of manufacturing or assembling new and unused
equipment.
(16) "Person" includes a natural person, corporation,
partnership, trust, or other entity, including any other entity
in which it has a majority interest or of which it has control,
as well as the individual officers, directors, or other persons
in active control of the activities of each entity.
(17) "Similarly situated dealer" means a dealer of
comparable geographic location, volume, and market type.
(18) "Supplier" means a person or other entity engaged
in the manufacturing, assembly, or wholesale distribution of
equipment or repair parts of the equipment. "Supplier"
includes any successor in interest, including a purchaser of
assets, stock, or a surviving corporation resulting from a
merger, liquidation, or reorganization of the original supplier,
or any receiver or any trustee of the original supplier.
(19) "Warranty claim" means a claim for payment
submitted by a dealer to a supplier for either service, or
parts, or both, provided to a customer under a warranty
issued by the supplier.
(20) "Wholesaler" means a person who sells or attempts
to sell new equipment exclusively to dealers or to other
wholesalers. [2002 c 236 § 1.]
19.98.010 Cancellation of contract—Parties’ duties.
Whenever any person, firm, or corporation engaged in the
sale of equipment, repair parts, or services therefor enters
into a written or oral contract with a supplier of equipment,
or repair parts whereby the dealer agrees to maintain a stock
of parts and equipment and either party to such contract
(2002 Ed.)
Farm Implements, Machinery, Parts
desires to cancel or discontinue the contract, unless the
dealer should desire to keep such parts and equipment the
supplier shall pay the dealer for the equipment and reasonable reimbursement for services performed in connection
with assembly and predelivery inspections of the equipment.
The payment shall be in the amount of one hundred percent
of the net cost of all unused complete equipment, including
transportation charges paid by the dealer. Equipment
purchased more than twenty-four months prior to the
cancellation or discontinuance of the dealer agreement is
subject to a weather allowance adjustment. The supplier
assumes ownership of new unused complete equipment
F.O.B. the dealer location. The supplier shall pay the dealer
in the amount of ninety-five percent of the current net prices
on repair parts, including superseded parts listed in current
price lists, catalogs, or electronic catalogs which parts had
previously been purchased from the supplier and held by the
dealer on the date of the cancellation or discontinuance of
such contract or thereafter received by the dealer from the
supplier. The supplier shall also pay the dealer a sum equal
to five percent of the current net price of all parts returned
for the handling, packing, and loading of such parts for
return, unless the supplier elects to catalog or list the
inventory and perform packing and loading of the parts
itself. However, the provisions of this section shall apply
only to repair parts which are new, unused, and in resalable
condition. The provisions of this section do not apply to
repair parts that were purchased by the dealer in sets of
multiple parts unless the sets are complete and in resalable
condition, or to parts the supplier can demonstrate were
identified as nonreturnable when ordered by the dealer.
Upon the payment of such amounts, the title to the
equipment or repair parts shall pass to the supplier making
such payment, and the supplier shall be entitled to the
possession of such equipment and repair parts.
All payments or allowances of credit due dealers under
this section shall be paid or credited by the supplier within
ninety days after the return of the repair parts or the transfer
of equipment. After the ninety days, all sums of credits due
include interest at the rate of eighteen percent per year.
Title to equipment, attachments, and accessories is transferred to the supplier F.O.B. the dealer location.
The provisions of this section shall apply to any part
return adjustment agreement made between a dealer and a
supplier.
A supplier must repurchase specific data processing and
computer communications hardware specifically required by
the supplier to meet the supplier’s minimum requirements
and purchased by the dealer in the prior five years and held
by the dealer on the date of termination. The supplier must
also purchase software required by and sourced from the
supplier, provided that the software is used exclusively to
support the dealer’s business with the supplier. The purchase price is the original net cost to the dealer, less twenty
percent per year.
A supplier must repurchase, and the dealer must sell to
the supplier, specialized repair tools. As applied in this
section, specialized repair tools are defined as those tools
required by the supplier and unique to the diagnosis or repair
of the supplier’s products. For specialized repair tools that
are in new, unused condition and are applicable to the
supplier’s current products, the purchase price is one
(2002 Ed.)
19.98.010
hundred percent of the original net cost to the dealer. For
all other specialized repair tools, the purchase price is the
original net cost to the dealer less twenty percent per year.
A supplier must repurchase, and the dealer must sell to
the supplier, current signage. As used in this section,
"current signage" means the principal outdoor signage
required by the supplier that displays the supplier’s current
logo or similar exclusive identifier, and that identifies the
dealer as representing either the supplier or the supplier’s
products, or both. The purchase price is the original net cost
to the dealer less twenty percent per year, but may in no
case be less than fifty percent of the original net cost to the
dealer.
The provisions of this section shall be supplemental to
any agreement between the dealer and the supplier covering
the return of equipment and repair parts so that the dealer
can elect to pursue either his or her contract remedy or the
remedy provided herein, and an election by the dealer to
pursue his or her contract remedy shall not bar his or her
right to the remedy provided herein as to equipment and
repair parts not affected by the contract remedy.
The provisions of this section shall apply to all contracts
now in effect which have no expiration date and are a
continuing contract, and all other contracts entered into or
renewed after January 1, 1976. Any contract in force and
effect on January 1, 1976, which by its own terms will
terminate on a date subsequent thereto shall be governed by
the law as it existed prior to this chapter: PROVIDED, That
no contract covered by this chapter may be canceled by any
party without good cause. For the purposes of this section,
good cause shall include, but shall not be restricted to, the
failure of any party to comply with the lawful provisions of
the contract, the adjudication of any party to a contract as a
bankrupt, wrongful refusal of the supplier to supply equipment and repair parts therefor. [2002 c 236 § 2; 1975 1st
ex.s. c 277 § 1.]
19.98.020 Repurchase payments—Liens and claims.
All repurchase payments to dealers made pursuant to RCW
19.98.010 shall be less amounts owed on any lien or claim
then outstanding upon such items covered by this section.
Any supplier making repurchase payments covered by this
chapter to any dealer shall satisfy such secured liens or
claims pursuant to Article 62A.9A RCW less any interest
owed to the lienholder arising from the financing of such
items which shall be paid to any such secured lienholder by
the dealer. In no case shall the supplier, in making payments covered by RCW 19.98.010, pay in excess of those
amounts prescribed therein. [2002 c 236 § 3; 2000 c 171 §
66; 1975 1st ex.s. c 277 § 2.]
19.98.030 Prices—How determined. The prices of
equipment and repair parts therefor, required to be paid to
any dealer as provided in RCW 19.98.010 shall be determined by taking one hundred percent of the net cost of the
invoiced price of equipment and ninety-five percent of the
current net price of repair parts therefor as shown upon the
supplier’s price lists, catalogues, or electronic catalogs in
effect at the time such contract is canceled or discontinued.
[Title 19 RCW—page 147]
19.98.030
Title 19 RCW: Business Regulations—Miscellaneous
The supplier assumes transfer of ownership of equipment F.O.B. dealer location. [2002 c 236 § 4; 1975 1st ex.s.
c 277 § 3.]
19.98.040 Failure or refusal to make payments—
Civil action. In the event that any supplier of equipment
and repair parts, upon cancellation or discontinuation of a
contract by either a dealer or supplier, fails or refuses to
make payment to such dealer as is required by RCW
19.98.010, the supplier is liable in a civil action to be
brought by the dealer for such payments as are required by
RCW 19.98.010. [2002 c 236 § 5; 1975 1st ex.s. c 277 § 4.]
19.98.100 Findings. The legislature of this state finds
that the retail distribution and sales of equipment, utilizing
independent dealers operating under agreements with
suppliers, vitally affects the general economy of the state,
public interests, and public welfare and that it is necessary
to regulate the business relations between the dealers and the
suppliers. [2002 c 236 § 6; 1990 c 124 § 1.]
19.98.120 Violations. It shall be a violation of this
chapter for a supplier to:
(1) Require or attempt to require any dealer to order or
accept delivery of any equipment or parts that the dealer has
not voluntarily ordered;
(2) Require or attempt to require any dealer to enter into
any agreement, whether written or oral, supplementary to an
existing dealer agreement with the supplier, unless such
supplementary agreement is imposed on other similarly situated dealers in the state;
(3) Refuse to deliver in reasonable quantities and within
a reasonable time after receipt of the dealer’s order, to any
dealer having a dealer agreement for the retail sale of new
equipment sold or distributed by the supplier, equipment
covered by the dealer agreement specifically advertised or
represented by the supplier to be available for immediate
delivery. However, the failure to deliver any such equipment shall not be considered a violation of this chapter when
deliveries are based on prior ordering histories, the priority
given to the sequence in which the orders are received, or
manufacturing schedules or if the failure is due to prudent
and reasonable restriction on extension of credit by the
supplier to the dealer, an act of God, work stoppage or delay
due to a strike or labor difficulty, a bona fide shortage of
materials, freight embargo, or other cause over which the
supplier has no control;
(4) Terminate, cancel, or fail to renew the dealer
agreement of any dealer or substantially change the dealer’s
competitive circumstances, attempt to terminate or cancel, or
threaten to not renew the dealer agreement or to substantially
change the competitive circumstances without good cause;
(5) Condition the renewal, continuation, or extension of
a dealer agreement on the dealer’s substantial renovation of
the dealer’s place of business or on the construction,
purchase, acquisition, or rental of a new place of business by
the dealer unless: The supplier has advised the dealer in
writing of its demand for such renovation, construction,
purchase, acquisition, or rental within a reasonable time prior
to the effective date of the proposed date of renewal or
extensions, but in no case less than one year; the supplier
[Title 19 RCW—page 148]
demonstrates the need for such change in the place of business and the reasonableness of the demand with respect to
marketing and servicing the supplier’s product and any
economic conditions existing at the time in the dealer’s trade
area; and the dealer does not make a good faith effort to
complete the construction or renovation plans within one
year;
(6) Discriminate in the prices charged for equipment of
like grade, quality, and brand sold by the supplier to similarly situated dealers in this state. This subsection does not
prevent the use of differentials which make only due
allowance for differences in the cost of manufacture, sale, or
delivery resulting from the differing methods or quantities in
which such commodities are sold or delivered: PROVIDED,
That nothing shall prevent a supplier from offering a lower
price in order to meet an equally low price of a competitor,
or the services or facilities furnished by a competitor;
(7) Prevent, by contract or otherwise, any equipment
dealer from changing the capital structure of the equipment
dealership or the means by which the equipment dealership
is financed, provided the equipment dealer at all times meets
any reasonable capital standards imposed by the supplier or
as otherwise agreed to between the equipment dealer and
supplier, and provided this change by the equipment dealer
does not result in a change of the controlling interest in the
executive management or board of directors, or any guarantors of the equipment dealership;
(8) Prevent, by contract or otherwise, any equipment
dealer or any officer, member, partner, or stockholder of any
equipment dealer from selling or transferring any part of the
interest of any of them to any other party or parties.
However, no equipment dealer, officer, partner, member, or
stockholder has the right to sell, transfer, or assign the
equipment dealership or power of management or control of
the dealership without the written consent of the supplier.
Should a supplier determine that the designated transferee is
not acceptable, the supplier shall provide the equipment
dealer with written notice of the supplier’s objection and
specific reasons for withholding its consent;
(9) Withhold consent to a transfer of interest in an
equipment dealership unless, with due regard to regional
market conditions and distribution economies, the dealer’s
area of responsibility or trade area does not afford sufficient
sales potential to reasonably support a dealer. In any dispute
between a supplier and an equipment dealer, the supplier
bears the burden of proving that the dealer’s area of responsibility or trade area does not afford sufficient sales potential
to reasonably support a dealer. The proof offered must be
in writing. The provisions of this subsection do not preclude
any other basis for a supplier to withhold consent to a
transfer of interest in an equipment dealer;
(10) Fail to compensate a dealer for preparation and
delivery of equipment that the supplier sells or leases for use
within this state and that the dealer prepares for delivery and
delivers;
(11) Require a dealer to assent to a release, assignment,
novation, waiver, or estoppel that would relieve any person
from liability imposed by this chapter; or
(12)(a) Unreasonably withhold consent, in the event of
the death of the dealer or the principal owner of the dealership, to the transfer of the dealer’s interest in the dealership
to another qualified individual if the qualified individual
(2002 Ed.)
Farm Implements, Machinery, Parts
meets the reasonable financial, business experience, and
character standards required by the supplier. Should a
supplier determine that the designated qualified individual
does not meet those reasonable written standards, it shall
provide the dealership, heirs to the dealership, or the estate
of the dealer with written notice of its objection and specific
reasons for withholding its consent. A supplier shall have
sixty days to consider a dealer’s request to make a transfer.
If the qualified individual reasonably satisfies the supplier’s
objections within sixty days, the supplier shall approve the
transfer. Nothing in this section shall entitle a qualified
individual to continue to operate the dealership without the
consent of the supplier.
(b) If a supplier and dealer have duly executed an
agreement concerning succession rights prior to the dealer’s
death and the agreement has not been revoked, the agreement shall be observed even if it designates someone other
than the surviving spouse or heirs of the decedent as the
successor. [2002 c 236 § 7; 1990 c 124 § 3.]
19.98.130 Termination, cancellation, or nonrenewal
of dealer agreement—Notice. (1) Except where a grounds
for termination or nonrenewal of a dealer agreement or a
substantial change in a dealer’s competitive circumstances
are contained in subsection (2)(a), (b), (c), (d), (e), or (f) of
this section, a supplier shall give a dealer ninety days’
written notice of the supplier’s intent to terminate, cancel, or
not renew a dealer agreement or substantially change the
dealer’s competitive circumstances. The notice shall state all
reasons constituting good cause for termination, cancellation,
or nonrenewal and shall provide, except for termination
pursuant to subsection (2)(a), (b), (c), (d), or (e) of this section, that the dealer has sixty days in which to cure any
claimed deficiency. If the deficiency is rectified within sixty
days, the notice shall be void. The contractual terms of the
dealer agreement shall not expire or the dealer’s competitive
circumstances shall not be substantially changed without the
written consent of the dealer prior to the expiration of at
least ninety days following such notice.
(2) As used in RCW 19.98.100 through 19.98.150 and
19.98.911, a termination by a supplier of a dealer agreement
shall be with good cause when the dealer:
(a) Has transferred a controlling ownership interest in
the dealership without the supplier’s consent;
(b) Has made a material misrepresentation to the
supplier;
(c) Has filed a voluntary petition in bankruptcy or has
had an involuntary petition in bankruptcy filed against the
dealer which has not been discharged within sixty days after
the filing, is in default under the provisions of a security
agreement in effect with the supplier, or is insolvent or in
receivership;
(d) Has been convicted of a crime, punishable for a
term of imprisonment for one year or more;
(e) Has failed to operate in the normal course of
business for ten consecutive business days or has terminated
the business;
(f) Has relocated the dealer’s place of business without
supplier’s consent;
(g) Has consistently engaged in business practices that
are detrimental to the consumer or supplier by way of
(2002 Ed.)
19.98.120
excessive pricing, misleading advertising, or failure to
provide service and replacement parts or perform warranty
obligations;
(h) Has inadequately represented the supplier over a
measured period causing lack of performance in sales,
service, or warranty areas and failed to achieve market
penetration at levels consistent with similarly situated
dealerships in the state based on available record information;
(i) Has consistently failed to meet building and housekeeping requirements or failed to provide adequate sales,
service, or parts personnel commensurate with the dealer
agreement;
(j) Has consistently failed to comply with the applicable
licensing laws pertaining to the products and services being
represented for and on supplier’s behalf; or
(k) Has consistently failed to comply with the terms of
the dealer agreement.
(3)(a) Notwithstanding the provisions of subsections (1)
and (2) of this section, before the termination or nonrenewal
of a dealer agreement based upon a supplier’s claim that the
dealer has failed to meet reasonable marketing criteria or
market penetration, the supplier shall provide written notice
of its intention at least one year in advance.
(b) Upon the end of the one-year period established in
this subsection (3), the supplier may terminate or elect not
to renew the dealer agreement only upon written notice
specifying the reasons for determining that the dealer failed
to meet reasonable marketing criteria or market penetration.
The notice must specify that termination or nonrenewal is
effective one hundred eighty days from the date of the
notice. [2002 c 236 § 8; 1990 c 124 § 4.]
19.98.140 Actions against suppliers—Remedies.
Any equipment dealer may bring an action against a supplier
in any court of competent jurisdiction for damages sustained
by the equipment dealer as a consequence of the supplier’s
violation including requiring the supplier to repurchase at
fair market value any data processing hardware and specialized repair tools and equipment previously purchased
pursuant to requirements of the supplier, compensation for
any loss of business, and the actual costs of the action,
including reasonable attorneys’ fees. The equipment dealer
may also be granted injunctive relief against unlawful
termination, cancellation, nonrenewal, or substantial change
in competitive circumstances. The remedies set forth in this
action shall not be deemed exclusive and shall be in addition
to any other remedies permitted by law. Nothing in this
section is intended to prevent any court from awarding to the
supplier actual costs of the action, including reasonable
attorney’s fees if the action is deemed frivolous. [1990 c
124 § 5.]
19.98.150 Successors in interest. The obligations of
any supplier under this chapter are applied to any successor
in interest or assignee of the supplier. A successor in
interest includes any purchaser of assets or stock, any
surviving corporation resulting from merger or liquidation,
and any receiver or any trustee of the original supplier.
[1990 c 124 § 6.]
[Title 19 RCW—page 149]
19.98.160
Title 19 RCW: Business Regulations—Miscellaneous
19.98.160 Establishment of new dealership—
Supplier’s duties. When a supplier enters into an agreement to establish a new dealer or dealership or to relocate a
current dealer or dealership for a particular product line or
make of equipment, the supplier must give written notice of
such an agreement by certified mail to all existing dealers or
dealerships whose assigned area of responsibility is contiguous to the new dealer or dealership location. If no area of
responsibility has been assigned then the supplier must give
written notice of such an agreement by certified mail to the
dealers or dealerships within a seventy-five mile radius of
the new dealer location. The supplier must provide in its
written notice the following information about the proposed
new or relocated dealer or dealership:
(1) The proposed location;
(2) The proposed date for commencement of operation
at the new location; and
(3) The identities of all existing dealers or dealerships
or dealerships whose assigned area of responsibility is
contiguous to the new dealer or dealership location. If no
area of responsibility has been assigned then the supplier
must give written notice of such an agreement by certified
mail to the dealers or dealerships located within a
seventy-five mile radius of the new dealer location. [2002
c 236 § 9.]
19.98.170 Warranty claims. (1) In the event a
warranty claim is submitted by a dealer to a supplier while
a dealer agreement is in effect, or after the termination of a
dealer agreement, if the claim is for work performed before
the effective date of the dealer agreement termination:
(a) A supplier shall fulfill any warranty agreement with
each of its dealers for labor and parts relative to repairs of
equipment covered by the terms of such an agreement.
(b) The supplier must approve or disapprove, in writing,
any claim submitted by a dealer for warranty compensation
for labor or parts within thirty days of receipt of such a
claim by the supplier.
(c) The supplier must pay to the submitting dealer any
approved dealer claim within thirty days following approval
of such a claim.
(d) If a supplier disapproves a dealer warranty claim,
the supplier must state the specific reasons for rejecting the
claim in its written notification required by (b) of this
subsection.
(e) A claim that is disapproved by the supplier based
upon the dealer’s failure to properly follow the procedural or
technical requirements for submission of warranty claims
may be resubmitted in proper form by the dealer within
thirty days of receipt by the dealer of the supplier’s notification of such a disapproval.
(f) A claim that is not specifically disapproved, in
writing, by the supplier within thirty days following the
supplier’s receipt of such a claim is conclusively deemed to
be approved and must be paid to the submitting dealer
within thirty days following expiration of the notification
period established in (b) of this subsection.
(g) A supplier may audit warranty claims submitted by
its dealers for a period of up to one year following payment
of the claims, and may charge back to its dealers any
amounts paid based upon claims shown by audit to be false.
[Title 19 RCW—page 150]
The supplier has the right to adjust claims for errors discovered during the audit, and if necessary, to adjust claims paid
in error.
(2) A supplier must compensate its dealers for warranty
claims pursuant to the following schedule:
(a) Reasonable compensation must be made by the
supplier for costs associated with diagnostic work, repair
service, parts, and labor that are related to warranted repairs;
(b) Time allowances for diagnosis and performance of
warranty work and service must be adequate for the work
being performed;
(c) The hourly labor rate for which the dealer is
compensated may not be less than the rate charged by the
dealer for like services provided to nonwarranty customers
for nonwarranted service; and
(d) Compensation for parts used in the performance of
a warranted repair may not be less than the amount paid by
the dealer to obtain the parts, plus a reasonable allowance
for shipping and handling.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, a supplier may withhold payment of
a warranty claim as setoff against reasonable obligations
otherwise owed by the dealer to the supplier.
(4) Notwithstanding the provisions of subsection (2) of
this section, a dealer may accept the supplier’s reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (2) of this section. [2002 c 236
§ 10.]
19.98.180 Audit of warranty claims. A supplier may
not audit a dealer’s records with respect to any warranty
claim submitted more than one year before the audit, unless
a false claim is disclosed. However, the supplier has the
right to audit warranty claims submitted more than one year
before the audit when the audit discloses a false claim.
[2002 c 236 § 11.]
19.98.190 Civil action—Award. (1) In the event that
the supplier fails to make payment in accordance with the
terms of RCW 19.98.170 or violates any other provisions of
RCW 19.98.170 or 19.98.180, a dealer may bring an action
in a court of competent jurisdiction to obtain payment of a
warranty claim submitted to a supplier.
(2) In the event that the court finds that the supplier has
failed to make payment in accordance with the terms of
RCW 19.98.170 or has violated any other provisions of
RCW 19.98.170 or 19.98.180, the court shall award the
dealer costs and reasonable attorneys’ fees. [2002 c 236 §
12.]
19.98.200 Supplier-required work. (1) In the event
a supplier requires the dealer to work on equipment to
enhance the safe operation of the equipment, the supplier
must reimburse the dealer for parts, labor, and transportation
of equipment or personnel to perform the work on equipment
covered by the requirements of the supplier.
(2) In the event a supplier requires the dealer to perform
product improvement work on equipment, the supplier must
reimburse the dealer for parts and labor.
(3) For purposes of this section, a supplier must
compensate its dealers pursuant to the following schedule:
(2002 Ed.)
Farm Implements, Machinery, Parts
(a) The hourly labor rate for which the dealer is
compensated may not be less than the rate charged by the
dealer for like services provided; and
(b) Compensation for parts used in the performance of
safety enhancements or product improvements as requested
by the supplier may not be less than the amount paid by the
dealer to obtain the parts, plus a reasonable allowance for
shipping and handling.
(4) Notwithstanding the provisions of subsection (3) of
this section, a dealer may accept the supplier’s reimbursement terms and conditions in lieu of the terms and conditions set forth in subsection (3) of this section. [2002 c 236
§ 13.]
19.98.210 Arbitration—Dealer’s cause of action
against supplier—Remedies not exclusive. (1) Any party
to a dealer agreement aggrieved by the conduct of the other
party to the agreement with respect to the provisions of this
chapter may seek arbitration of the issues involved in the
decision of the other party under the provisions of RCW
7.04.010 through 7.04.210. The arbitration is pursuant to the
commercial arbitration rules of the American arbitration
association. The findings and conclusions of the arbitrator
or panel of arbitrators is binding upon both parties. Upon
demand for arbitration by one party, it is presumed for
purposes of the provisions of RCW 7.04.010 through
7.04.210 that the parties have consented to arbitration, and
that the costs of witness fees and other fees in the case,
together with reasonable attorneys’ fees, must be paid by the
losing party.
(2) Notwithstanding subsection (1) of this section, any
dealer has a cause of action against a supplier for damages
sustained by the dealer as a consequence of the supplier’s
violation of any provisions of RCW 19.98.120 or 19.98.130,
together with the actual costs of such action, including
reasonable attorneys’ fees.
(3) The dealer may also be granted injunctive relief
against unlawful termination, cancellation, nonrenewal, or
change in competitive circumstances as determined under
subsection (1) of this section or by a court.
(4) The remedies set forth in this section may not be
considered exclusive and are in addition to any other
remedies permitted by law, unless the parties have chosen
binding arbitration under subsection (1) of this section.
[2002 c 236 § 14.]
19.98.900 Effective date—1975 1st ex.s. c 277. This
act shall take effect on January 1, 1976. [1975 1st ex.s. c
277 § 6.]
19.98.910 Severability—1975 1st ex.s. c 277. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 277 § 7.]
19.98.911 Severability—1990 c 124. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 124 § 7.]
(2002 Ed.)
19.98.200
19.98.912 Effective date—Application—1990 c 124.
This act shall take effect July 1, 1990, and shall apply to all
dealer agreements then in effect that have no expiration date
and are a continuing agreement and to all other dealer
agreements entered into or renewed on or after July 1, 1990.
[1990 c 124 § 9.]
Chapter 19.100
FRANCHISE INVESTMENT PROTECTION
Sections
19.100.010 Definitions.
19.100.020 Unlawful in certain instances to sell or offer to sell franchise
if unregistered or not exempt.
19.100.030 Exemptions from registration requirements.
19.100.040 Application for registration—Contents—Filing.
19.100.050 Escrow or impoundment of franchise fees as registration
condition—Rules or orders—Procedure to rescind.
19.100.060 Registration statement—Effective, when.
19.100.070 Registration—Claim of exemption filing—Duration—
Renewal—Supplemental report.
19.100.080 Delivery of offering circular and amendments required.
19.100.090 Filings, registration, or finding of director—Construction.
19.100.100 Advertisements—Copy to be filed.
19.100.110 Advertisements—False or misleading—Notice—Procedure.
19.100.120 Registration statement—Stop order—Grounds.
19.100.130 Registration statement—Stop order—Notice—Hearing—
Modification or vacation of order.
19.100.140 Registration of franchise brokers required.
19.100.150 Records and accounts—Reports.
19.100.160 Application of chapter—Jurisdiction—Service of process—
Consent.
19.100.170 Violations.
19.100.180 Relation between franchisor and franchisee—Rights and
prohibitions.
19.100.184 Terms and conditions from negotiations initiated by franchisee.
19.100.190 Unfair or deceptive acts—Suits for damages—Violations of
other acts, use in evidence.
19.100.200 Pendency of other proceedings tolls limitation of action.
19.100.210 Violations—Injunctions—Assurance of discontinuance—
Civil and criminal penalties—Chapter nonexclusive.
19.100.220 Exceptions or exemptions—Burden of proof—Waivers of
compliance void—Settlement release or waiver—
Chapter as fundamental policy.
19.100.230 Referral of evidence to attorney general or prosecuting attorney.
19.100.240 Fees.
19.100.242 Investigations by director.
19.100.245 Investigatory powers—Proceedings for contempt.
19.100.248 Cease and desist orders.
19.100.250 Powers of director as to rules, forms, orders and defining
terms—Interpretive opinions.
19.100.252 Denial, suspension, or revocation of franchise broker by
director.
19.100.255 Denial, suspension, or revocation of exemption by director.
19.100.260 Applicability of administrative procedure act.
19.100.270 Administrator of securities.
19.100.900 Chapter applicable to existing and future franchises and
contracts.
19.100.910 Chapter cumulative and nonexclusive.
19.100.920 Effective date—1971 ex.s. c 252.
19.100.930 Severability—1971 ex.s. c 252.
19.100.931 Severability—1972 ex.s. c 116.
19.100.932 Severability—1979 ex.s. c 13.
19.100.940 Short title.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to franchises were transferred to the department of
financial institutions by 1993 c 472, effective October 1, 1993. See RCW
43.320.011.
Business opportunity fraud act: Chapter 19.110 RCW.
[Title 19 RCW—page 151]
19.100.010
Title 19 RCW: Business Regulations—Miscellaneous
19.100.010 Definitions. When used in this chapter,
unless the context otherwise requires:
(1) "Advertisement" means any written or printed
communication or any communication by means of recorded
telephone messages or spoken on radio, television, or similar
communication media published in connection with an offer
or sale of a franchise.
(2) "Affiliate" means a person controlling, controlled by,
or under common control with another person, every officer
or director of such person, and every person occupying a
similar status or performing similar functions.
(3) "Director" means the director of financial institutions.
(4) "Franchise" means:
(a) An agreement, express or implied, oral or written, by
which:
(i) A person is granted the right to engage in the
business of offering, selling, or distributing goods or services
under a marketing plan prescribed or suggested in substantial
part by the grantor or its affiliate;
(ii) The operation of the business is substantially
associated with a trademark, service mark, trade name,
advertising, or other commercial symbol designating, owned
by, or licensed by the grantor or its affiliate; and
(iii) The person pays, agrees to pay, or is required to
pay, directly or indirectly, a franchise fee.
(b) The following shall not be construed as a franchise
within the meaning of this chapter:
(i) The payment of a reasonable service charge to the
issuer of a credit card by an establishment accepting or
honoring such credit card or any transaction relating to a
bank credit card plan;
(ii) Actions or transactions otherwise permitted, prohibited or regulated under laws administered by the insurance
commissioner of this state;
(iii) Any motor vehicle dealer franchise subject to the
provisions of chapter 46.70 RCW.
(5) "Marketing plan" means a plan or system concerning
an aspect of conducting business. A marketing plan may
include one or more of the following:
(a) Price specifications, special pricing systems or
discount plans;
(b) Sales or display equipment or merchandising
devices;
(c) Sales techniques;
(d) Promotional or advertising materials or cooperative
advertising;
(e) Training regarding the promotion, operation, or
management of the business; or
(f) Operational, managerial, technical, or financial
guidelines or assistance.
(6) "Bank credit card plan" means a credit card plan in
which the issuer of credit cards is a national bank, state
bank, trust company or any other banking institution subject
to the supervision of the director of financial institutions of
this state or any parent or subsidiary of such bank.
(7) "Franchisee" means a person to whom a franchise is
offered or granted.
(8) "Franchisor" means a person who grants a franchise
to another person.
(9) "Subfranchise" means an agreement, express or
implied, oral or written, by which a person pays or agrees to
[Title 19 RCW—page 152]
pay, directly or indirectly, a franchisor or affiliate for the
right to grant, sell or negotiate the sale of a franchise.
(10) "Subfranchisor" means a person to whom a
subfranchise is granted.
(11) "Franchise broker" means a person who directly or
indirectly engages in the business of the offer or sale of
franchises. The term does not include a franchisor,
subfranchisor, or their officers, directors, or employees.
(12) "Franchise fee" means any fee or charge that a
franchisee or subfranchisor is required to pay or agrees to
pay for the right to enter into a business or to continue a
business under a franchise agreement, including, but not limited to, the payment either in lump sum or by installments of
an initial capital investment fee, any fee or charges based
upon a percentage of gross or net sales whether or not
referred to as royalty fees, any payment for the mandatory
purchase of goods or services or any payment for goods or
services available only from the franchisor, or any training
fees or training school fees or charges; however, the following shall not be considered payment of a franchise fee: (a)
the purchase or agreement to purchase goods at a bona fide
wholesale price; (b) the purchase or agreement to purchase
goods by consignment; if, and only if the proceeds remitted
by the franchisee from any such sale shall reflect only the
bona fide wholesale price of such goods; (c) a bona fide loan
to the franchisee from the franchisor; (d) the purchase or
agreement to purchase goods at a bona fide retail price
subject to a bona fide commission or compensation plan that
in substance reflects only a bona fide wholesale transaction;
(e) the purchase or lease or agreement to purchase or lease
supplies or fixtures necessary to enter into the business or to
continue the business under the franchise agreement at their
fair market or rental value; (f) the purchase or lease or
agreement to purchase or lease real property necessary to
enter into the business or to continue the business under the
franchise agreement at the fair market or rental value; (g)
amounts paid for trading stamps redeemable in cash only; (h)
amounts paid for trading stamps to be used as incentives
only and not to be used in, with, or for the sale of any
goods.
(13) "Person" means a natural person, corporation,
partnership, trust, or other entity and in the case of an entity,
it shall include any other entity which has a majority interest
in such an entity or effectively controls such other entity as
well as the individual officers, directors, and other persons
in act of control of the activities of each such entity.
(14) "Publish" means publicly to issue or circulate by
newspaper, mail, radio, or television or otherwise to disseminate to the public.
(15) "Sale or sell" includes every contract of sale,
contract to sell, or disposition of a franchise.
(16) "Offer or offer to sell" includes every attempt or
offer to dispose of or solicitation of an offer to buy a
franchise or an interest in a franchise. [1994 c 92 § 3; 1991
c 226 § 1; 1979 c 158 § 83; 1973 1st ex.s. c 33 § 3; 1972
ex.s. c 116 § 1; 1971 ex.s. c 252 § 1.]
Emergency—Effective date—1972 ex.s. c 116: "This act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect on May 1, 1972." [1972 ex.s. c 116 § 17.]
(2002 Ed.)
Franchise Investment Protection
19.100.020 Unlawful in certain instances to sell or
offer to sell franchise if unregistered or not exempt. (1)
It is unlawful for any franchisor or subfranchisor to sell or
offer to sell any franchise in this state unless the offer of the
franchise has been registered under this chapter or exempted
under RCW 19.100.030.
(2) For the purpose of this section, an offer to sell a
franchise is made in this state when: (a) The offer is
directed by the offeror into this state from within or outside
this state and is received where it is directed, (b) the offer
originates from this state and violates the franchise or
business opportunity law of the state or foreign jurisdiction
into which it is directed, (c) the offeree is a resident of this
state, or (d) the franchise business that is the subject of the
offer is to be located or operated, wholly or partly, in this
state.
(3) For the purpose of this section, a sale of any
franchise is made in this state when: (a) An offer to sell is
accepted in this state, (b) an offer originating from this state
is accepted and violates the franchise or business opportunity
law of the state or foreign jurisdiction in which it is accepted, (c) the purchaser of the franchise is a resident of this
state, or (d) the franchise business that is the subject of the
sale is to be located or operated, wholly or partly, in this
state.
(4) For the purpose of this section, an offer to sell is not
made in this state solely because the offer appears: (a) In a
newspaper or other publication of general and regular
circulation if the publication has had more than two-thirds of
its circulation outside this state during the twelve months
before the offer is published, or (b) in a broadcast or
transmission originating outside this state. [1991 c 226 § 2;
1971 ex.s. c 252 § 2.]
19.100.030 Exemptions from registration requirements. The registration requirements of this chapter shall
not apply to:
(1) The offer or sale or transfer of a franchise by a franchisee who is not an affiliate of the franchisor for the
franchisee’s own account if the franchisee’s entire franchise
is sold and the sale is not effected by or through the franchisor. A sale is not effected by or through a franchisor merely
because a franchisor has a right to approve or disapprove the
sale or requires payment of a reasonable transfer fee. Such
right to approve or disapprove the sale shall be exercised in
a reasonable manner.
(2) The offer or sale of a franchise by an executor,
administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian, conservator, or pursuant to a court-approved
offer or sale, on behalf of a person other than the franchisor
or the estate of the franchisor.
(3) The offer or sale of a franchise to a bank, savings
institution, trust company, insurance company, investment
company as defined in the Investment Company Act of
1940, pension or profit sharing trust, or other financial
institution or institutional buyer or to a broker dealer where
the purchaser is acting for itself or in some fiduciary
capacity.
(4) The offer or sale of a franchise by a franchisor:
(a) Who has delivered in writing to each prospective
franchisee, at least ten business days prior to the execution
(2002 Ed.)
19.100.020
by the prospective franchisee of any binding franchise or
other agreement, or at least ten business days prior to the
receipt of any consideration, whichever occurs first, an
offering circular complying with guidelines adopted by rule
of the director. The director shall be guided in adopting
such a rule by the guidelines for the preparation of the
Uniform Franchise Offering Circular adopted by the North
American Securities Administrators Association, Inc., or its
successor, as such guidelines may be revised from time to
time; and
(b) Who either:
(i)(A) Has a net worth on a consolidated basis, according to its most recent audited financial statement, of not less
than five million dollars or who has a net worth, according
to its most recent audited financial statement, of not less
than one million dollars and is at least eighty percent owned
by a corporation which has a net worth on a consolidated
basis, according to its most recent audited financial statement, of not less than five million dollars; and
(B) Has had at least twenty-five franchisees conducting
business at all times during the five-year period immediately
preceding the offer or sale or has conducted business which
is the subject of the franchise continuously for not less than
five years preceding the offer or sale or if any corporation
which owns at least eighty percent of the franchisor, has had
at least twenty-five franchisees conducting business at all
times during the five-year period immediately preceding the
offer or sale or such corporation has conducted business
which is the subject of the franchise continuously for not
less than five years preceding the offer or sale; and
(C) Requires an initial investment by the franchisee of
more than one hundred thousand dollars; and
(D) Files annually with the director a statement prescribed by rule of the director giving notice of such claim,
and pays a filing fee as set forth in RCW 19.100.240; or
(ii)(A) Has no outstanding franchises granted for
businesses located or to be located outside the state of
Washington; and
(B) Has granted and grants no more than three franchises for franchise businesses to be situated within the state of
Washington; and
(C) Does not publish an advertisement or engage in
general solicitation for the franchise offering; and
(D) The buyer is represented or advised in the transaction by independent legal counsel or certified public accountant; or
(iii) Does not charge a franchise fee, as defined in RCW
19.100.010(12), in excess of five hundred dollars; and
(c) Who has not been found by a court of competent
jurisdiction to have been in violation of this chapter, chapter
19.86 RCW, or any of the various federal statutes dealing
with the same or similar matters, within seven years of any
sale or offer to sell franchise business under franchise
agreement in the state of Washington.
(5) The offer or sale of a franchise to an accredited
investor, as defined by rule adopted by the director. The
director shall be guided in adopting such a rule by the rules
defining accredited investor promulgated by the federal
securities and exchange commission.
(6) The offer or sale of an additional franchise to an
existing franchisee of the franchisor for the franchisee’s own
account that is substantially the same as the franchise that
[Title 19 RCW—page 153]
19.100.030
Title 19 RCW: Business Regulations—Miscellaneous
the franchisee has operated for at least two years at the time
of the offer or sale, provided the prior sale to the franchisee
was pursuant to a franchise offering that was registered in
the state of Washington. [1991 c 226 § 3; 1972 ex.s. c 116
§ 2; 1971 ex.s. c 252 § 3.]
effective at 3:00 P.M. Pacific Standard Time on the afternoon of the fifteenth business day after the filing of the
registration statement or the last amendment or at such
earlier time as the director determines. [1971 ex.s. c 252 §
6.]
19.100.040 Application for registration—Contents—
Filing. (1) The application for registration of the offer,
signed by the franchisor, subfranchisor, or by any person on
whose behalf the offering is to be made, must be filed with
the director and shall contain:
(a) A copy of the franchisor’s or subfranchisor’s
offering circular which shall be prepared in compliance with
guidelines adopted by rule of the director. The director shall
be guided in adopting such rule by the guidelines for the
preparation of the Uniform Franchise Offering Circular
adopted by the North American Securities Administrators
Association, Inc., or its successor, as such guidelines may be
revised from time to time;
(b) A copy of all agreements to be proposed to franchisees;
(c) A consent to service of process as required by RCW
19.100.160;
(d) The application for registration of a franchise broker,
if any;
(e) The applicable filing fee; and
(f) Such other information as the director determines, by
rule or order, to be necessary or appropriate to facilitate the
administration of this chapter.
(2) The director may require the filing of financial
statements of the franchisor or subfranchisor audited by an
independent certified public accountant and prepared in
accordance with generally accepted accounting principles.
When the person filing the application for registration
is a subfranchisor, the application shall also include the same
information concerning the subfranchisor as is required from
the franchisor pursuant to this section. [1991 c 226 § 4;
1972 ex.s. c 116 § 3; 1971 ex.s. c 252 § 4.]
19.100.070 Registration—Claim of exemption
filing—Duration—Renewal—Supplemental report. (1) A
franchise offering shall be deemed duly registered, and a
claim of exemption under RCW 19.100.030(4)(b)(i) shall be
duly filed, for a period of one year from the effective date
of registration or filing unless the director by rule or order
specifies a different period.
(2) Registration of a franchise offer may be renewed for
additional periods of one year each, unless the director by
rule or order specifies a different period, by filing with the
director no later than fifteen business days prior to the
expiration thereof a renewal application containing such
information as the director may require to indicate any
substantial changes in the information contained in the
original application or the previous renewal application and
payment of the prescribed fee.
(3) If a material adverse change in the condition of the
franchisor or the subfranchisor or any material change in the
information contained in its offering circular should occur
the franchisor or subfranchisor shall so amend the registration on file with the director as soon as reasonably possible
and in any case, before the further sale of any franchise.
[1991 c 226 § 5; 1972 ex.s. c 116 § 5; 1971 ex.s. c 252 §
7.]
19.100.050 Escrow or impoundment of franchise
fees as registration condition—Rules or orders—
Procedure to rescind. The director may by rule or order
require as a condition to the effectiveness of the registration
the escrow or impound of franchise fees if he finds that such
requirement is necessary and appropriate to protect prospective franchisees. At any time after the issuance of such rule
or order under this section the franchisor may in writing
request the rule or order be rescinded. Upon receipt of such
a written request, the matter shall be set down for hearing to
commence within fifteen days after such receipt unless the
person making the request consents to a later date. After
such hearing, which shall be conducted in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW, the director shall determine whether to affirm
and to continue or to rescind such order and the director
shall have all powers granted under such act. [1972 ex.s. c
116 § 4; 1971 ex.s. c 252 § 5.]
19.100.060 Registration statement—Effective, when.
If no stop order is in effect and no proceeding is pending
under RCW 19.100.120, a registration statement becomes
[Title 19 RCW—page 154]
19.100.080 Delivery of offering circular and amendments required. It is unlawful for any person to sell a
franchise that is registered or required to be registered under
this chapter without first delivering to the offeree, at least
ten business days prior to the execution by the offeree of any
binding franchise or other agreement, or at least ten business
days prior to the receipt of any consideration, whichever
occurs first, a copy of the offering circular required under
RCW 19.100.040, with any addition or amendment to the
offering circular required by RCW 19.100.070, together with
a copy of the proposed agreements relating to the sale of the
franchise. [1991 c 226 § 6; 1972 ex.s. c 116 § 6; 1971 ex.s.
c 252 § 8.]
19.100.090 Filings, registration, or finding of
director—Construction. (1) Neither (a) the fact that
application for registration under this law has been filed nor
(b) the fact that such registration has become effective constitutes a finding by the director that any document filed
under this law is true, complete, or not misleading. Neither
any such fact or the fact that an exemption is available for
a transaction means that the director has passed in any way
on the merit or qualifications of or recommended or given
approval to any person, franchise, or transaction.
(2) It is unlawful to make or cause to be made to any
prospective purchaser or offeree any representation inconsistent with this section. [1971 ex.s. c 252 § 9.]
19.100.100 Advertisements—Copy to be filed. No
person shall publish in this state any advertisements offering
(2002 Ed.)
Franchise Investment Protection
a franchise subject to the registration requirements of this
law unless a true copy of the advertisement has been filed in
the office of the director at least seven days prior to the
publication or such shorter period as the director by rule or
order may allow. [1991 c 226 § 7; 1971 ex.s. c 252 § 10.]
19.100.110 Advertisements—False or misleading—
Notice—Procedure. No person shall publish in this state
any advertisement concerning a franchise subject to the
registration requirements of this chapter after the director
finds that the advertisement contains any statements that are
false or misleading or omits to make any statement necessary
in order to make the statements made, in the light of the
circumstances in which they were made, not misleading and
so notifies the person in writing. Such notification may be
given summarily without notice or hearing. At any time
after the issuance of a notification under this section the
person desiring to use the advertisement may in writing
request the order be rescinded. Upon receipt of such a
written request, the matter shall be set down for hearing to
commence within fifteen days after such receipt unless the
person making the request consents to a later date. After
such hearing, which shall be conducted in accordance with
the provisions of the administrative procedure act, chapter
34.05 RCW, the director shall determine whether to affirm
and to continue or to rescind such order and the director
shall have all powers granted under such act. [1972 ex.s. c
116 § 7; 1971 ex.s. c 252 § 11.]
19.100.120 Registration statement—Stop order—
Grounds. The director may issue a stop order denying
effectiveness to or suspending or revoking the effectiveness
of any registration statement if he finds that the order is in
the public interest and that:
(1) The registration statement as of its effective date, or
as of any earlier date in the case of an order denying
effectiveness, is incomplete in any material respect or
contains any statement which was in the light of the circumstances under which it was made false or misleading with
respect to any material fact;
(2) Any provision of this chapter or any rule or order or
condition lawfully imposed under this chapter has been
violated in connection with the offering by:
(a) The person filing the registration statement but only
if such person is directly or indirectly controlled by or acting
for the franchisor; or
(b) The franchisor, any partner, officer or director of a
franchisor, or any person occupying a similar status or
performing similar functions or any person directly or
indirectly controlling or controlled by the franchisor.
(3) The franchise offering registered or sought to be
registered is the subject of a permanent or temporary
injunction of any court of competent jurisdiction entered
under any federal or state act applicable to the offering but
the director may not:
(a) Institute a proceeding against an effective registration statement under this clause more than one year from the
date of the injunctive relief thereon unless the injunction is
thereafter violated; and
(b) Enter an order under this clause on the basis of an
injunction entered under any other state act unless that order
(2002 Ed.)
19.100.100
or injunction is based on facts that currently constitute a
ground for stop order under this section;
(4) A franchisor’s enterprise or method of business
includes or would include activities which are illegal where
performed;
(5) The offering has worked or tended to work a fraud
upon purchasers or would so operate;
(6) The applicant has failed to comply with any rule or
order of the director issued pursuant to RCW 19.100.050.
(7) The applicant or registrant has failed to pay the
proper registration fee but the director may enter only a
denial order under this subsection and he shall vacate such
order when the deficiency has been corrected. [1972 ex.s.
c 116 § 8; 1971 ex.s. c 252 § 12.]
19.100.130 Registration statement—Stop order—
Notice—Hearing—Modification or vacation of order.
Upon the entry of a stop order under any part of RCW
19.100.120, the director shall promptly notify the applicant
that the order has been entered and that the reasons therefor
and that within fifteen days after receipt of a written request,
the matter will be set down for hearing. If no hearing is
requested within fifteen days and none is ordered by the
director, the director shall enter his written findings of fact
and conclusions of law and the order will remain in effect
until it is modified or vacated by the director. If a hearing
is requested or ordered, the director after notice of an
opportunity for hearings to the issuer and to the applicant or
registrant shall enter his written findings of fact and conclusions of law and may modify or vacate the order. The
director may modify or vacate a stop order if he finds that
the conditions which prompted his entry have changed or
that it is otherwise in the public interest to do so. [1971
ex.s. c 252 § 13.]
19.100.140 Registration of franchise brokers
required. (1) It is unlawful for any franchise broker to offer
to sell or sell a franchise in this state unless the franchise
broker is registered under this chapter. It is unlawful for any
franchisor, subfranchisor, or franchisee to employ a franchise
broker unless the franchise broker is registered.
(2) The franchise broker shall apply for registration by
filing with the director an application together with a consent
to service of process in such form as the director shall
prescribe and payment of the fee prescribed in RCW
19.100.240.
(3) The application shall contain whatever information
the director requires concerning such matters as:
(a) The applicant’s form and place of organization.
(b) The applicant’s proposed method of doing business.
(c) The qualifications and business history of the
applicant.
(d) Any injunction or administrative order or conviction
of a misdemeanor involving a security or any aspect of the
securities business and any conviction of a felony; and
(e) The applicant’s financial condition and history.
[1991 c 226 § 8; 1972 ex.s. c 116 § 9; 1971 ex.s. c 252 §
14.]
19.100.150 Records and accounts—Reports. Every
person offering franchises for sale shall at all times keep and
[Title 19 RCW—page 155]
19.100.150
Title 19 RCW: Business Regulations—Miscellaneous
maintain a complete set of books, records, and accounts of
such and the disposition of the proceeds thereof and shall
thereafter at such times as are required by the director make
and file in the office of the director a report setting forth the
franchises sold by it, the proceeds derived therefrom, and the
disposition thereof. [1971 ex.s. c 252 § 15.]
19.100.160 Application of chapter—Jurisdiction—
Service of process—Consent. Any person who is engaged
or hereafter engaged directly or indirectly in the sale or offer
to sell a franchise or a subfranchise or in business dealings
concerning a franchise, either in person or in any other form
of communication, shall be subject to the provisions of this
chapter, shall be amenable to the jurisdiction of the courts of
this state and shall be amenable to the service of process
under RCW 4.28.180, 4.28.185 and 19.86.160. Every
applicant for registration of a franchise under this law (by
other than a Washington corporation) shall file with the
director in such form as he by rule prescribed, an irrevocable
consent appointing the director or his successor in office to
be his attorney, to receive service or any lawful process in
any noncriminal suit, action, or proceeding against him or
his successors, executor, or administrator which arises under
this law or any rule or order hereunder after the consent has
been filed, with the same force and validity as if served
personally on the person filing consent. A person who has
filed such a consent in connection with a previous registration under this law need not file another. Service may be
made by leaving a copy of the process in the office of the
director but it is not as effective unless:
(1) The plaintiff, who may be the director, in a suit,
action, or proceeding instituted by him forthwith sends notice
of the service and a copy of the process by registered or
certified mail to the defendant or respondent at his last
address on file with the director; and
(2) The plaintiff’s affidavit of compliance with this
section is filed in the case on or before the return day of the
process, if any, or within such further times the court allows.
[1991 c 226 § 9; 1971 ex.s. c 252 § 16.]
19.100.170 Violations. It is unlawful for any person
in connection with the offer, sale, or purchase of any
franchise or subfranchise in this state directly or indirectly:
(1) To make any untrue statement of a material fact in
any application, notice, or report filed with the director under
this law or willfully to omit to state in any application,
notice or report, any material fact which is required to be
stated therein or fails to notify the director of any material
change as required by RCW 19.100.070(3).
(2) To sell or offer to sell by means of any written or
oral communication which includes an untrue statement of
a material fact or omits to state a material fact necessary in
order to make the statements made in light of the circumstances under which they were made not misleading.
(3) To employ any device, scheme, or artifice to
defraud.
(4) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
any person.
(5) To violate any order of the director. [1991 c 226 §
10; 1971 ex.s. c 252 § 17.]
[Title 19 RCW—page 156]
19.100.180 Relation between franchisor and franchisee—Rights and prohibitions. Without limiting the
other provisions of this chapter, the following specific rights
and prohibitions shall govern the relation between the
franchisor or subfranchisor and the franchisees:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting
its general application, it shall be an unfair or deceptive act
or practice or an unfair method of competition and therefore
unlawful and a violation of this chapter for any person to:
(a) Restrict or inhibit the right of the franchisees to join
an association of franchisees.
(b) Require a franchisee to purchase or lease goods or
services of the franchisor or from approved sources of
supply unless and to the extent that the franchisor satisfies
the burden of proving that such restrictive purchasing agreements are reasonably necessary for a lawful purpose justified
on business grounds, and do not substantially affect competition: PROVIDED, That this provision shall not apply to the
initial inventory of the franchise. In determining whether a
requirement to purchase or lease goods or services constitutes an unfair or deceptive act or practice or an unfair
method of competition the courts shall be guided by the
decisions of the courts of the United States interpreting and
applying the anti-trust laws of the United States.
(c) Discriminate between franchisees in the charges
offered or made for royalties, goods, services, equipment,
rentals, advertising services, or in any other business dealing,
unless and to the extent that the franchisor satisfies the
burden of proving that any classification of or discrimination
between franchisees is: (i) Reasonable, (ii) based on
franchises granted at materially different times and such
discrimination is reasonably related to such difference in
time, or is based on other proper and justifiable distinctions
considering the purposes of this chapter, and (iii) is not arbitrary. However, nothing in (c) of this subsection precludes
negotiation of the terms and conditions of a franchise at the
initiative of the franchisees.
(d) Sell, rent, or offer to sell to a franchisee any product
or service for more than a fair and reasonable price.
(e) Obtain money, goods, services, anything of value, or
any other benefit from any other person with whom the
franchisee does business on account of such business unless
such benefit is disclosed to the franchisee.
(f) If the franchise provides that the franchisee has an
exclusive territory, which exclusive territory shall be specified in the franchise agreement, for the franchisor or
subfranchisor to compete with the franchisee in an exclusive
territory or to grant competitive franchises in the exclusive
territory area previously granted to another franchisee.
(g) Require franchisee to assent to a release, assignment,
novation, or waiver which would relieve any person from
liability imposed by this chapter, except as otherwise
permitted by RCW 19.100.220.
(h) Impose on a franchisee by contract, rule, or regulation, whether written or oral, any standard of conduct unless
the person so doing can sustain the burden of proving such
to be reasonable and necessary.
(i) Refuse to renew a franchise without fairly compensating the franchisee for the fair market value, at the time of
expiration of the franchise, of the franchisee’s inventory,
supplies, equipment, and furnishings purchased from the
(2002 Ed.)
Franchise Investment Protection
franchisor, and good will, exclusive of personalized materials
which have no value to the franchisor, and inventory,
supplies, equipment and furnishings not reasonably required
in the conduct of the franchise business: PROVIDED, That
compensation need not be made to a franchisee for good will
if (i) the franchisee has been given one year’s notice of
nonrenewal and (ii) the franchisor agrees in writing not to
enforce any covenant which restrains the franchisee from
competing with the franchisor: PROVIDED FURTHER,
That a franchisor may offset against amounts owed to a
franchisee under this subsection any amounts owed by such
franchisee to the franchisor.
(j) Terminate a franchise prior to the expiration of its
term except for good cause. Good cause shall include,
without limitation, the failure of the franchisee to comply
with lawful material provisions of the franchise or other
agreement between the franchisor and the franchisee and to
cure such default after being given written notice thereof and
a reasonable opportunity, which in no event need be more
than thirty days, to cure such default, or if such default
cannot reasonably be cured within thirty days, the failure of
the franchisee to initiate within thirty days substantial and
continuing action to cure such default: PROVIDED, That
after three willful and material breaches of the same term of
the franchise agreement occurring within a twelve-month
period, for which the franchisee has been given notice and
an opportunity to cure as provided in this subsection, the
franchisor may terminate the agreement upon any subsequent
willful and material breach of the same term within the
twelve-month period without providing notice or opportunity
to cure: PROVIDED FURTHER, That a franchisor may
terminate a franchise without giving prior notice or opportunity to cure a default if the franchisee: (i) Is adjudicated a
bankrupt or insolvent; (ii) makes an assignment for the
benefit of creditors or similar disposition of the assets of the
franchise business; (iii) voluntarily abandons the franchise
business; or (iv) is convicted of or pleads guilty or no
contest to a charge of violating any law relating to the
franchise business. Upon termination for good cause, the
franchisor shall purchase from the franchisee at a fair market
value at the time of termination, the franchisee’s inventory
and supplies, exclusive of (i) personalized materials which
have no value to the franchisor; (ii) inventory and supplies
not reasonably required in the conduct of the franchise
business; and (iii), if the franchisee is to retain control of the
premises of the franchise business, any inventory and supplies not purchased from the franchisor or on his express
requirement: PROVIDED, That a franchisor may offset
against amounts owed to a franchisee under this subsection
any amounts owed by such franchisee to the franchisor.
[1991 c 226 § 11; 1980 c 63 § 1; 1973 1st ex.s. c 33 § 4;
1972 ex.s. c 116 § 10; 1971 ex.s. c 252 § 18.]
19.100.184 Terms and conditions from negotiations
initiated by franchisee. This chapter does not preclude
negotiation of the terms and conditions of a franchise at the
initiative of the franchisee, provided that such negotiated
terms and conditions do not violate any provision of this
chapter. After the initial offer to a franchisee using the
offering circular required by RCW 19.100.030, 19.100.040,
or 19.100.070 a franchisor need not provide an amended
(2002 Ed.)
19.100.180
offering circular to that franchisee by reason of a change in
the terms and conditions of a franchise being negotiated at
the initiative of that franchisee or amend the registration by
reason of such change. [1991 c 226 s 12.]
19.100.190 Unfair or deceptive acts—Suits for
damages—Violations of other acts, use in evidence. (1)
The commission of any unfair or deceptive acts or practices
or unfair methods of competition prohibited by RCW
19.100.180 as now or hereafter amended shall constitute an
unfair or deceptive act or practice under the provisions of
chapter 19.86 RCW.
(2) Any person who sells or offers to sell a franchise in
violation of this chapter shall be liable to the franchisee or
subfranchisor who may sue at law or in equity for damages
caused thereby for rescission or other relief as the court may
deem appropriate. In the case of a violation of RCW
19.100.170 rescission is not available to the plaintiff if the
defendant proves that the plaintiff knew the facts concerning
the untruth or omission or that the defendant exercised
reasonable care and did not know or if he had exercised
reasonable care would not have known of the untruth or
omission.
(3) The suit authorized under subsection (2) of this
section may be brought to recover the actual damages
sustained by the plaintiff and the court may in its discretion
increase the award of damages to an amount not to exceed
three times the actual damages sustained: PROVIDED, That
the prevailing party may in the discretion of the court
recover the costs of said action including a reasonable
attorneys’ fee.
(4) Any person who becomes liable to make payments
under this section may recover contributions as in cases of
contracts from any persons who, if sued separately, would
have been liable to make the same payment.
(5) A final judgment, order, or decree heretofore or
hereafter rendered against a person in any civil, criminal, or
administrative proceedings under the United States anti-trust
laws, under the Federal Trade Commission Act, under the
Washington State Consumer Protection Act, or this chapter
shall be regarded as evidence against such persons in any
action brought by any party against such person under
subsections (1) and (2) of this section as to all matters which
said judgment or decree would be an estoppel between the
parties thereto. [1972 ex.s. c 116 § 11; 1971 ex.s. c 252 §
19.]
19.100.200 Pendency of other proceedings tolls
limitation of action. The pendency of any civil, criminal,
or administrative proceedings against a person brought by
the federal or Washington state governments or any of their
agencies under the anti-trust laws, the Federal Trade Commission Act, the Consumer Protection Act, or any federal or
state act related to anti-trust laws or to franchising, or under
this chapter shall toll the limitation of this action if the
action is then instituted within one year after the final judgment or order in such proceedings: PROVIDED, That said
limitation of actions shall in any case toll the law so long as
there is actual concealment on the part of the person. [1972
ex.s. c 116 § 12; 1971 ex.s. c 252 § 20.]
[Title 19 RCW—page 157]
19.100.210
Title 19 RCW: Business Regulations—Miscellaneous
19.100.210 Violations—Injunctions—Assurance of
discontinuance—Civil and criminal penalties—Chapter
nonexclusive. (1) The attorney general or director may
bring an action in the name of the state against any person
to restrain and prevent the doing of any act herein prohibited
or declared to be unlawful. Upon a proper showing, a
permanent or temporary injunction, restraining order, or writ
of mandamus shall be granted and a receiver or conservator
may be appointed for the defendant or the defendant’s assets.
The prevailing party may in the discretion of the court
recover the costs of such action including a reasonable
attorneys’ fee.
(2) Every person who shall violate the terms of any
injunction issued as in this chapter provided shall forfeit and
pay a civil penalty of not more than twenty-five thousand
dollars.
Every person who violates RCW 19.100.020,
19.100.080, 19.100.150 and 19.100.170 as now or hereafter
amended shall forfeit a civil penalty of not more than two
thousand dollars for each violation.
For the purpose of this section the superior court issuing
an injunction shall retain jurisdiction and the cause shall be
continued and in such cases the attorney general or director
acting in the name of the state may petition for the recovery
of civil penalties.
In the enforcement of this chapter, the attorney general
or director may accept an assurance of discontinuance with
the provisions of this chapter from any person deemed by
the attorney general or director in violation hereof. Any
such assurance shall be in writing, shall state that the person
giving such assurance does not admit to any violation of this
chapter or to any facts alleged by the attorney general or
director, and shall be filed with and subject to the approval
of the superior court of the county in which the alleged
violator resides or has his principal place of business, or in
Thurston county. Proof of failure to comply with the
assurance of discontinuance shall be prima facie evidence of
a violation of this chapter.
(3) Any person who wilfully violates any provision of
this chapter or who wilfully violates any rule adopted or
order issued under this chapter shall upon conviction be
fined not more than five thousand dollars or imprisoned for
not more than ten years or both, but no person may be
imprisoned for the violation of any rule or order if he proves
that he had no knowledge of the rule or order. No indictment or information may be returned under this chapter more
than five years after the alleged violation.
(4) Nothing in this chapter limits the power of the state
to punish any person for any conduct which constitutes a
crime by statute or at common law. [1980 c 63 § 2; 1979
ex.s. c 13 § 1; 1972 ex.s. c 116 § 13; 1971 ex.s. c 252 §
21.]
19.100.220 Exceptions or exemptions—Burden of
proof—Waivers of compliance void—Settlement release
or waiver—Chapter as fundamental policy. (1) In any
proceeding under this chapter, the burden of proving an
exception from a definition or an exemption from registration is upon the person claiming it.
(2) Any agreement, condition, stipulation or provision,
including a choice of law provision, purporting to bind any
[Title 19 RCW—page 158]
person to waive compliance with any provision of this
chapter or any rule or order hereunder is void. A release or
waiver executed by any person pursuant to a negotiated
settlement in connection with a bona fide dispute between a
franchisee and a franchisor, arising after their franchise
agreement has taken effect, in which the person giving the
release or waiver is represented by independent legal
counsel, is not an agreement prohibited by this subsection.
(3) This chapter represents a fundamental policy of the
state of Washington. [1991 c 226 s 13; 1972 ex.s. c 116 s
14; 1971 ex.s. c 252 s 22.]
19.100.230 Referral of evidence to attorney general
or prosecuting attorney. The director may refer such
evidence as may be available concerning violations of this
chapter or any rule or order hereunder to the attorney general
or the proper prosecuting attorney who may in his discretion
with or without such a reference institute the appropriate
criminal proceeding under this chapter. [1971 ex.s. c 252 §
23.]
19.100.240 Fees. The director shall charge and collect
fees fixed by this section. All fees collected under this
chapter shall be deposited in the state treasury and shall not
be refundable except as herein provided:
(1) The fee for filing an application for registration on
the sale of franchise under RCW 19.100.040 is six hundred
dollars;
(2) The fee for filing an application for renewal of a
registration under RCW 19.100.070 is one hundred dollars;
(3) The fee for filing an amendment to the application
filed under RCW 19.100.040 is one hundred dollars;
(4) The fee for registration of a franchise broker shall be
fifty dollars for original registration and twenty-five dollars
for each annual renewal;
(5) The fee for filing a notice of claim of exemption is
one hundred dollars for the original filing and one hundred
dollars for each annual renewal. [1991 c 226 § 14; 1971
ex.s. c 252 § 24.]
19.100.242 Investigations by director. The director,
in the director’s discretion, may: (1) Annually, or more
frequently, make such public or private investigations within
or without this state as the director deems necessary to
determine whether any registration should be granted,
denied, revoked, or suspended, or whether any person has
violated or is about to violate a provision of this chapter or
any rule adopted or order issued under this chapter, or to aid
in the enforcement of this chapter or in the prescribing of
rules and forms under this chapter; and (2) publish information concerning a violation of this chapter or a rule adopted
or order issued under this chapter. [1979 ex.s. c 13 § 2.]
19.100.245 Investigatory powers—Proceedings for
contempt. For the purpose of any investigation or proceeding under this chapter, the director or any officer designated
by the director may administer oaths and affirmations,
subpoena witnesses, compel their attendance, take evidence,
and require the production of any books, papers, correspondence, memoranda, agreements, or other documents or
(2002 Ed.)
Franchise Investment Protection
records which the director deems relevant or material to the
inquiry.
In case of wilful failure on the part of a person to
comply with a subpoena lawfully issued by the director, or
on the refusal of a witness to testify to matters regarding
which the witness may be lawfully interrogated, the superior
court of any county, on application of the director and after
satisfactory evidence of wilful disobedience, may compel
obedience by proceedings for contempt, as in the case of
disobedience of a subpoena issued from the court or a
refusal to testify therein. [1979 ex.s. c 13 § 3.]
19.100.248 Cease and desist orders. If it appears to
the director that a person has engaged or is about to engage
in an act or practice constituting a violation of a provision of
this chapter or a rule adopted or order issued under this
chapter, the director may, in the director’s discretion, issue
an order directing the person to cease and desist from
continuing the act or practice. Reasonable notice of and
opportunity for a hearing shall be given. The director may
issue a temporary order pending the hearing, which shall
remain in effect until ten days after the hearing is held and
which shall become final if the person to whom notice is
addressed does not request a hearing within fifteen days after
the receipt of the notice. [1979 ex.s. c 13 § 4.]
19.100.250 Powers of director as to rules, forms,
orders and defining terms—Interpretive opinions. The
director may from time to time make, amend, and rescind
such rules, forms, and orders as are necessary to carry out
the provisions of this chapter including rules and forms
governing applications and reports and defining any terms
whether or not used in this chapter insofar as the definitions
are consistent with this chapter. The director in his discretion may honor requests from interested persons for
interpretive opinions. [1972 ex.s. c 116 § 15; 1971 ex.s. c
252 § 25.]
19.100.252 Denial, suspension, or revocation of
franchise broker by director. The director may by order
deny, suspend, or revoke registration of any franchise broker
if the director finds that the order is in the public interest
and that the applicant or registrant, or any partner, officer, or
director of the applicant or registrant:
(1) Has filed an application for registration as a franchise broker under RCW 19.100.140 which, as of its
effective date, or as of any date after filing in the case of an
order denying effectiveness, was incomplete in any material
respect or contained any statement which was, in the light of
the circumstances under which it was made, false or misleading with respect to any material fact;
(2) Has willfully violated or willfully failed to comply
with any provision of this chapter;
(3) Has been convicted, within the past five years of any
misdemeanor involving a franchise, or any felony involving
moral turpitude;
(4) Is permanently or temporarily enjoined by any court
of competent jurisdiction from engaging in or continuing any
aspect of the franchise industry;
(5) Is the subject of an order of the director denying,
suspending, or revoking registration as a franchise broker;
(2002 Ed.)
19.100.245
(6) Has engaged in dishonest or unethical practices in
the franchise industry;
(7) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she
cannot meet his or her obligations as they mature.
The director may by order summarily postpone or
suspend registration pending final determination of any
proceeding under this section. [1991 c 226 § 16.]
19.100.255 Denial, suspension, or revocation of
exemption by director. The director may by order deny,
suspend, or revoke any exemption from registration otherwise available under RCW 19.100.030 for the offer or sale
of the franchise if he or she finds that the order is in the
public interest and that:
(1) Any provision of this chapter or any rule or order or
condition lawfully imposed under this chapter has been
violated or is about to be violated in connection with the
offering by the franchisor, any partner, officer, or director of
a franchisor, or any person occupying a similar status or
performing similar functions or any person directly or
indirectly controlled by the franchisor, or any franchise
broker offering or selling the offering;
(2) The franchise offering is the subject of a permanent
or temporary injunction of a court of competent jurisdiction
entered under any federal or state act applicable to the
offering; but (a) the director may not enter an order of
revocation or suspension under this subsection more than one
year from the date of the injunction relied on, and (b) the
director may not enter an order under this subsection on the
basis of an injunction unless that injunction was based on
facts that currently constitute a ground for an order under
this section;
(3) The franchisor’s enterprise or method of business includes or would include activities which are illegal where
performed;
(4) The offering has worked or tended to work or would
tend to work a fraud on purchasers;
(5) The franchisor has failed to pay the required filing
fee for a claim of exemption but the director may enter only
a denial order under this subsection and shall vacate such
order when the deficiency has been corrected;
(6) The franchisor has made a claim of exemption
which is incomplete in a material respect or contains any
statement which in the light of the circumstances under
which it was made is false or misleading with respect to any
material fact. [1991 c 226 § 17.]
19.100.260 Applicability of administrative procedure act. The administrative procedure act, chapter 34.05
RCW, shall wherever applicable herein govern the rights,
remedies, and procedures respecting the administration of
this chapter. [1971 ex.s. c 252 § 26.]
19.100.270 Administrator of securities. The director
shall appoint a competent person to administer this chapter
who shall be designated administrator of securities. The
director shall delegate to the administrator such powers,
subject to the authority of the director, as may be necessary
to carry out the provisions of this chapter. The administrator
[Title 19 RCW—page 159]
19.100.270
Title 19 RCW: Business Regulations—Miscellaneous
shall hold office at the pleasure of the director. [1971 ex.s.
c 252 § 27.]
19.100.900 Chapter applicable to existing and
future franchises and contracts. The provisions of this
chapter shall be applicable to all franchises and contracts
existing between franchisors and franchisees and to all future
franchises and contracts. [1971 ex.s. c 252 § 28.]
19.100.910 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy available
at law. [1971 ex.s. c 252 § 29.]
19.100.920 Effective date—1971 ex.s. c 252. This
act shall become effective May 1, 1972: PROVIDED, That
the director is authorized and empowered to undertake and
perform duties and conduct activities necessary for the
implementation of this act prior to that date. [1971 ex.s. c
252 § 30.]
19.100.930 Severability—1971 ex.s. c 252. If any
section or provision of this act shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the act as a whole, or any section, provisions,
or part thereof not adjudged invalid or unconstitutional.
[1971 ex.s. c 252 § 31.]
19.100.931 Severability—1972 ex.s. c 116. If any
provision of this 1972 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1972 ex.s. c 116 § 16.]
19.100.932 Severability—1979 ex.s. c 13. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 13 § 5.]
19.100.940 Short title. This chapter shall be known
and designated as the "Franchise Investment Protection Act".
[1971 ex.s. c 252 § 32.]
Chapter 19.102
CHAIN DISTRIBUTOR SCHEMES
Sections
19.102.010 Definitions.
19.102.020 Chain distributor schemes prohibited—Unfair practice.
Business opportunity fraud act: Chapter 19.110 RCW.
19.102.010 Definitions. (1) "Chain distributor
scheme" is a sales device whereby a person, under a condition that he make an investment, is granted a license or right
to recruit for consideration one or more additional persons
who are also granted such license or right upon condition of
making an investment, and may further perpetuate the chain
of persons who are granted such license or right upon such
[Title 19 RCW—page 160]
condition. A limitation as to the number of persons who
may participate, or the presence of additional conditions
affecting eligibility for the above license or right to recruit
or the receipt of profits therefrom, does not change the
identity of the scheme as a chain distributor scheme.
(2) "Person" means a natural person, corporation,
partnership, trust, or other entity and in the case of an entity,
it shall include any other entity which has a majority interest
in such an entity or effectively controls such other entity as
well as the individual officers, directors, and other persons
in act of control of the activities of each such entity.
(3) "Investment" is any acquisition, for a consideration
other than personal services, of personal property, tangible
or intangible, for profit or business purposes, and includes,
without limitation, franchises, business opportunities, services
and inventory for resale. It does not include sales demonstration equipment and materials, furnished at cost for use in
making sales and not for resale. [1973 1st ex.s. c 33 § 1.]
19.102.020 Chain distributor schemes prohibited—
Unfair practice. No person shall promote, offer or grant
participation in a chain distributor scheme. Any violation of
this chapter shall be construed for purposes of the application of the Consumer Protection Act, chapter 19.86 RCW, to
constitute an unfair or deceptive act or practice or unfair
method of competition in the conduct of trade or commerce.
[1973 1st ex.s. c 33 § 2.]
Chapter 19.105
CAMPING RESORTS
Sections
19.105.300 Definitions.
19.105.310 Unlawful to offer or sell contract unless contract registered—Exemptions.
19.105.320 Registration—Filings required upon application—Waiver.
19.105.325 Exemptions from chapter.
19.105.330 Registration—Effective, when—Completed form of application required.
19.105.333 Signature of operator, trustee, or holder of power of attorney
required on application documentation.
19.105.336 Availability of campgrounds to contract purchasers—Blanket
encumbrances—Penalty for noncompliance.
19.105.340 Impounding proceeds from contract sales—Conditional release of impounded funds—Funds not subject to lien—
No assignment of impounded or reserved assets.
19.105.345 Persons licensed under chapter 18.85 RCW exempt from
salesperson registration requirements.
19.105.350 Director may require reserve fund by order—Denial or suspension of registration.
19.105.360 Filing of sales literature, contract form, disclosure supplements.
19.105.365 Advertising promises of free gifts, awards, or prizes—
Provision of gift or substitute—Security arrangements
after violation—Advance fees placed in trust—
Membership referral programs considered promotional
programs.
19.105.370 Purchaser to receive written disclosures from operator or
department—Exemptions.
19.105.380 Registration or application—Conditions for denial, suspension, or revocation by order—Fine—Reimbursement of
costs—Notices, hearings, and findings—Summary orders—Assurances of discontinuance.
19.105.390 Resort contracts—Purchaser’s cancellation—Notice—
Statement of right to cancel.
19.105.400 Resort contracts—Voidable—Estoppel.
19.105.405 Purchaser lists—Authorized uses.
(2002 Ed.)
Camping Resorts
19.105.411 Fees.
19.105.420 Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.
19.105.430 Unlawful to act as salesperson without registering—
Exemptions.
19.105.440 Registration as salesperson—Application—Denial, suspension, or revocation of registration or application by
order—Fine—Notices, hearings, and findings—
Summary orders—Assurances of discontinuance—
Renewal of registration.
19.105.450 Investigations—Scope—Publishing information.
19.105.460 Investigations—Powers relating to—Proceedings for contempt.
19.105.470 Cease and desist orders—Utilizing temporary order, injunction, restraining order, or writ of mandamus.
19.105.480 Violations—As gross misdemeanors—Statute of limitations.
19.105.490 Violations—Referral to attorney general or prosecuting attorney.
19.105.500 Violations—Application of consumer protection act.
19.105.510 Resort contracts—Nonapplicability of certain laws—County
and city powers.
19.105.520 Unlawful to represent director’s administrative approval as
determination as to merits of resort—Penalty.
19.105.530 Rules, forms, orders—Administration of chapter.
19.105.540 Administrative procedure act application.
19.105.550 Administration.
19.105.560 Uniform regulation of business and professions act.
19.105.910 Construction—Chapter as cumulative and nonexclusive.
19.105.920 Severability—1982 c 69.
19.105.930 Effective date—1982 c 69.
Exemption of timeshares from chapter: RCW 64.36.290.
19.105.300 Definitions. As used in this chapter,
unless the context clearly requires otherwise:
(1) "Camping resort" means any enterprise, other than
one that is tax exempt under section 501(c)(3) of the Internal
Revenue Code of 1986, as amended, that has as its primary
purpose the ownership, operation, or promotion of campgrounds that includes or will include camping sites.
(2) "Camping resort contract" means an agreement
evidencing a purchaser’s title to, estate or interest in, or right
or license to use for more than thirty days the campground
of a camping resort.
(3) "Camping site" means a space designed and promoted for the purpose of locating a trailer, tent, tent trailer, pickup camper, or other similar device used for land-based
portable housing.
(4) "Purchaser" means a person who enters into a
camping resort contract and thereby obtains title to, an estate
or interest in, or license or the right to use the campground
of a camping resort.
(5) "Person" means any individual, corporation, partnership, trust, association, or other organization other than a
government or a subdivision thereof.
(6) "Director" means the director of licensing.
(7) "Camping resort operator" means any person who
establishes, promotes, owns, or operates a camping resort.
(8) "Advertisement" means any offer, written, printed,
audio, or visual, by general solicitation, including all material
used by an operator in a membership referral program.
(9) "Offer" means any solicitation reasonably designed
to result in the entering into of a camping resort contract.
(10) "Sale" or "sell" means entering into, or other
disposition, of a camping resort contract for value, but the
term value does not include a reasonable fee to offset the
ministerial costs of transfer of a camping resort contract if,
in transferring the contract or membership, the terms of the
(2002 Ed.)
Chapter 19.105
original contract or membership are not changed by the
camping resort operator.
(11) "Salesperson" means any individual, other than a
camping resort operator, who is engaged in obtaining
commitments of persons to enter into camping resort
contracts by making a sales presentation to, or negotiating
sales with, the persons, but does not include members of a
camping resort engaged in the referral of persons without
making a sales presentation to the persons.
(12) "Affiliate" means any person who, directly or
indirectly through one or more intermediaries, controls or is
controlled by or is under common control of a registrant or
camping resort operator.
(13) "Campground" means real property owned or
operated by a camping resort that is available for camping or
outdoor recreation by purchasers of camping resort contracts.
(14) "Department" means the department of licensing.
(15) "Resale camping resort contract" means a camping
resort contract offered or sold which is not the original offer,
transfer, or sale of such contract, and not a forfeited contract
being reoffered by an operator.
(16) "Start-up camping resort contract" means a camping resort contract that is being offered or sold for the first
time or a forfeited contract being resold by a camping resort
operator.
(17) "Blanket encumbrance" means any mortgage, deed
of trust, option to purchase, vendor’s lien or interest under
a contract or agreement of sale, or other material financing
lien or encumbrance granted by the camping resort operator
or affiliate that secures or evidences the obligation to pay
money or to sell or convey any campgrounds made available
to purchasers by the camping resort operator or any portion
thereof and that authorizes, permits, or requires the foreclosure or other disposition of the campground affected.
(18) "Nondisturbance agreement" means an instrument
by which the holder of a blanket encumbrance agrees that:
(a) Its rights in any campground made available to purchasers, prior or subsequent to the agreement, by the
camping resort operator shall be subordinate to the rights of
purchasers from and after the recording of the instrument;
(b) the holder and all successors and assignees, and any
person who acquires the campground through foreclosure or
by deed in lieu of foreclosure of such blanket encumbrance,
shall take the campground subject to the use rights of
purchasers; and (c) the holder or any successor acquiring the
campground through the blanket encumbrance shall not
discontinue use, or cause the campground to be used, in a
manner which would materially prevent purchasers from
using or occupying the campground in a manner contemplated by the purchasers’ camping resort contracts. However,
the holder has no obligation or liability to assume the
responsibilities or obligations of the camping resort operator
under camping resort contracts. [1988 c 159 § 1; 1982 c 69
§ 1.]
19.105.310 Unlawful to offer or sell contract unless
contract registered—Exemptions. Except in transactions
exempt under RCW 19.105.325, it is unlawful for any
person to offer or sell a camping resort contract in this state
unless the camping resort contract is registered and the
operator or registrant has received a permit to market the
[Title 19 RCW—page 161]
19.105.310
Title 19 RCW: Business Regulations—Miscellaneous
registered contracts under this chapter. [1988 c 159 § 2;
1982 c 69 § 2.]
19.105.320 Registration—Filings required upon
application—Waiver. (1) To apply for registration an
applicant shall file with the director:
(a) An application for registration on such a form as
may be prescribed by the director. The director may, by rule
or order, prescribe the contents of the application to include
information (including financial statements) reasonably
necessary for the director to determine if the requirements of
this chapter have been met, whether any of the grounds for
which a registration may be suspended or denied have
occurred, and what conditions, if any, should be imposed
under RCW 19.105.340, 19.105.350, or 19.105.336 in connection with the registration;
(b) Written disclosures, in any format the director is
satisfied accurately, completely, and clearly communicates
the required information, which include:
(i) The name and address of the camping resort applicant or operator and any material affiliate and, if the
operator or registrant is other than a natural person, the
identity of each person owning a ten percent or greater share
or interest;
(ii) A brief description of the camping resort applicant’s
experience in the camping resort business;
(iii) A brief description of the nature of the purchaser’s
title to, estate or interest in, or right to use the camping
resort property or facilities and whether or not the purchaser
will obtain an estate, title to, or interest in specified real
property;
(iv) The location and a brief description of the significant facilities and recreation services then available for use
by purchasers and those which are represented to purchasers
as being planned, together with a statement whether any of
the resort facilities or recreation services will be available to
nonpurchasers or the general public;
(v) A brief description of the camping resort’s ownership of or other right to use the camping resort properties or
facilities represented to be available for use by purchasers,
together with a brief description of any material encumbrance, the duration of any lease, real estate contract, license,
franchise, reciprocal agreement, or other agreement entitling
the camping resort applicant or operator to use the property,
and any material provisions of the agreements which restrict
a purchaser’s use of the property;
(vi) A summary of any local or state health, environmental, subdivision, or zoning requirements or permits that
have not been complied with for the resort property or
facility represented to purchasers as in or planned for the
campground;
(vii) A copy of the articles, by-laws, rules, restrictions,
or covenants regulating the purchaser’s use of each property,
the facilities located on each property, and any recreation
services provided;
(viii) A statement of whether and how the articles,
declarations, by-laws, rules, restrictions, or covenants used
in structuring the project may be changed and whether and
how the members may participate in the decision on the
changes;
[Title 19 RCW—page 162]
(ix) A brief description of all payments of a purchaser
under a camping resort contract, including initial fees and
any further fees, charges, or assessments, together with any
provisions for changing the payments;
(x) A description of any restraints on the transfer of
camping resort contracts;
(xi) A brief description of the policies relating to the
availability of camping sites and conditions under which
reservations are required and the availability of the sites to
guests and family members;
(xii) A disclosure covering the right of the camping
resort operator or the registrant and their heirs, assigns, and
successors in interest to change, substitute, or withdraw from
use all or a portion of the camping resort properties or
facilities and the extent to which the operator is obligated to
replace camping resort facilities or properties withdrawn;
(xiii) A brief description of any grounds for forfeiture
of a purchaser’s camping resort contract;
(xiv) A statement concerning the effect upon membership camping resort contracts if there is a foreclosure
affecting any of the operator’s properties, a bankruptcy, or
creditor or lienholder action affecting the operator or the
camping resort properties; and
(xv) Any other information deemed necessary by the
department for the protection of the public health, safety, and
welfare;
(c) The prescribed registration fees;
(d) A statement of the total number of camping resort
contracts then in effect, both within and without this state;
and a statement of the total number of camping resort
contracts intended to be sold, both within and without this
state, together with a commitment that the total number will
not be exceeded unless disclosed by post-effective amendment to the registration as provided in RCW 19.105.420;
(e) Copies or prototypes of all camping resort contracts,
and addendum thereto, and membership certificates, deeds,
leases, or other evidences of interest, title, or estate, to be
registered;
(f) An irrevocable consent to service of process on the
director or the department, effective for the term of the
statute of limitations covering the last sale in this state of a
camping resort contract by the applicant or operator; and
(g) Any other material information the director deems
necessary for the protection of the public health, welfare, or
safety, or to effectively conduct an examination of an
application.
(2) The director may waive for an applicant any of the
information required in this section if it is not needed for the
protection of the public health and welfare. [1988 c 159 §
3; 1982 c 69 § 3.]
Administrative procedure act application: RCW 19.105.540.
19.105.325 Exemptions from chapter. (1) The
following transactions are exempt from registration under
this chapter:
(a) An offer or sale by a government or governmental
agency;
(b) A bona fide pledge of a camping resort contract; and
(c) Offerings and dispositions of resale camping resort
contracts by purchasers thereof on their own behalf or by
third parties brokering on behalf of purchasers, other than
(2002 Ed.)
Camping Resorts
resale contracts forfeited by or placed into an operator’s sale
inventory.
(2) The director may, by rule or order, exempt any
person, wholly or partially, from any or all requirements of
this chapter if the director finds the requirements are not
necessary for the protection of the public health, safety, and
welfare. [1988 c 159 § 4.]
19.105.330 Registration—Effective, when—
Completed form of application required. (1) Unless an
order denying effectiveness under RCW 19.105.380 is in
effect, or unless declared effective by order of the director
prior thereto, the application for registration shall automatically become effective upon the expiration of the twentieth
full business day following a filing with the director in
complete and proper form, but an applicant may consent to
the delay of effectiveness until such time as the director may
by order declare registration effective or issue a permit to
market.
(2) An application for registration, renewal of registration, or amendment is not in completed form and shall not
be deemed a statutory filing until such time as all required
fees, completed application forms, and the information and
documents required pursuant to RCW 19.105.320(1) and
departmental rules have been filed.
It is the operator’s responsibility to see that required
filing materials and fees arrive at the appropriate mailing
address of the department. Within seven business days,
excluding the date of receipt, of receiving an application or
initial request for registration and the filing fees, the department shall notify the applicant of receipt of the application
and whether or not the application is complete and in proper
form. If the application is incomplete, the department shall
at the same time inform the applicant what additional
documents or information is required.
If the application is not in a completed form, the
department shall give immediate notice to the applicant. On
the date the application is complete and properly filed, the
statutory period for an in-depth examination of the filing,
prescribed in subsection (1) of this section, shall begin to
run, unless the applicant and the department have agreed to
a stay of effectiveness or the department has issued a denial
of the application or a permit to market. [2000 c 171 § 68;
1988 c 159 § 5; 1982 c 69 § 4.]
19.105.333 Signature of operator, trustee, or holder
of power of attorney required on application documentation. Applications, consents to service, all affidavits
required in connection with applications, and all final permits
to market shall be signed by the operator, unless a trustee or
power of attorney specifically granted such powers has
signed on behalf of the operator. If a power of attorney or
trustee signature is used, the filing shall contain a copy of
the authorization, power of attorney, or trustee authorization.
[1988 c 159 § 6.]
19.105.336 Availability of campgrounds to contract
purchasers—Blanket encumbrances—Penalty for noncompliance. (1) With respect to every campground located
within the state which was not made available to purchasers
of camping resort contracts prior to June 20, 1988, and with
(2002 Ed.)
19.105.325
respect to any new blanket encumbrance placed against any
campground in this state or any prior blanket encumbrance
against any campground in this state with respect to which
the underlying obligation is refinanced after June 20, 1988,
the camping resort operator shall not represent any such
campground to be available to purchasers of its camping
resort contracts until one of the following events has
occurred with regard to each such blanket encumbrance:
(a) The camping resort operator obtains and records as
covenants to run with the land a nondisturbance agreement
from each holder of the blanket encumbrance. The
nondisturbance agreement shall be executed by the camping
resort operator and by each holder of the blanket encumbrance and shall include the provisions set forth in RCW
19.105.300(18) and the following:
(i) The instrument may be enforced by individual
purchasers of camping resort contracts. If the camping
resort operator is not in default under its obligations to the
holder of the blanket encumbrance, the agreement may be
enforced by the camping resort operator.
(ii) The agreement shall be effective as between each
purchaser and the holder of the blanket encumbrance despite
any rejection or cancellation of the purchaser’s contract
during any bankruptcy proceedings of the camping resort
operator.
(iii) The agreement shall be binding upon the successors
in interest of both the camping resort operator and the holder
of the blanket encumbrance.
(iv) A holder of the blanket encumbrance who obtains
title or possession or who causes a change in title or possession in a campground by foreclosure or otherwise and who
does not continue to operate the campground upon conditions no less favorable to members than existed prior to the
change of title or possession shall either:
(A) Offer the title or possession to an association of
members to operate the campground; or
(B) Obtain a commitment from another entity which
obtains title or possession to undertake the responsibility of
operating the campground.
(b) The camping resort operator posts a bond or
irrevocable letter of credit with the director in a form
satisfactory to the director in the amount of the aggregate
principal indebtedness remaining due under the blanket
encumbrance.
(c) The camping resort operator delivers an encumbrance trust agreement in a form satisfactory to the director,
as provided in subsection (2) of this section.
(d) The camping resort operator delivers other financial
assurances reasonably acceptable to the director.
(2) With respect to any campground located within the
state other than a campground described in subsection (1) of
this section, the camping resort operator shall not represent
the campground to be available to purchasers of camping
resort contracts after June 20, 1988, until one of the following events has occurred with regard to each blanket encumbrance:
(a) The camping resort operator obtains and records a
nondisturbance agreement to run with the land pursuant to
subsection (1) of this section from each holder of the blanket
encumbrance.
(b) The camping resort operator posts a surety bond or
irrevocable letter of credit with the director in a form
[Title 19 RCW—page 163]
19.105.336
Title 19 RCW: Business Regulations—Miscellaneous
satisfactory to the director in the amount of the aggregate
principal indebtedness remaining due under the blanket
encumbrance.
(c) The camping resort operator delivers to the director,
in a form satisfactory to the director, an encumbrance trust
agreement among the camping resort operator, a trustee
(which can be either a corporate trustee licensed to act as a
trustee under Washington law, licensed escrow agent, or a licensed attorney), and the director.
(d) The camping resort operator delivers evidence to the
director that any financial institution that has made a
hypothecation loan to the camping resort operator (the
"hypothecation lender") shall have a lien on, or security
interest in, the camping resort operator’s interest in the
campground, and the hypothecation lender shall have
executed and recorded a nondisturbance agreement in the
real estate records of the county in which the campground is
located. Each person holding an interest in a blanket
encumbrance superior to the interest held by the hypothecation lender shall have executed and recorded an instrument
stating that such person shall give the hypothecation lender
notice of, and at least thirty days to cure, any default under
the blanket encumbrance before the person commences any
foreclosure action affecting the campground. For the
purposes of this subsection, a hypothecation loan to a
camping resort operator is a loan or line of credit secured by
the camping resort contracts receivable arising from the sale
of camping resort contracts by the camping resort operator,
which exceeds in the aggregate all outstanding indebtedness
secured by blanket encumbrances superior to the interest
held by the hypothecation lender.
(e) The camping resort operator delivers other financial
assurances reasonably acceptable to the director.
(3) Any camping resort operator which does not comply
at all times with subsection (1) or (2) of this section with
regard to any blanket encumbrance in connection with any
applicable campground is prohibited from offering any
camping resort contracts for sale in Washington during the
period of noncompliance. [1988 c 159 § 7.]
Effective date—1988 c 159: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and, with the exception of
section 7 of this act, shall take effect immediately [March 20, 1988].
Section 7 of this act shall take effect ninety days thereafter [June 20,
1988]." [1988 c 159 § 29.]
19.105.340 Impounding proceeds from contract
sales—Conditional release of impounded funds—Funds
not subject to lien—No assignment of impounded or
reserved assets. (1) If the director finds that the applicant
or registrant has not by other means assured future availability to and quiet enjoyment of the campgrounds and facilities,
as required under this chapter, the director may, notwithstanding the provisions of RCW 19.105.336, require impoundment of the funds or membership receivables, or both,
from camping resort contract sales, including the impoundment of periodic dues or assessments required of purchasers
under the contracts, or provide other assurances acceptable
to the director, until sufficient funds have been impounded
or arrangements made to alleviate the inadequacy. The
director may, upon finding it reasonable and necessary, for
compliance with RCW 19.105.336 and 19.105.365, and not
[Title 19 RCW—page 164]
inconsistent with the protection of purchasers or owners of
camping resort contracts, provide for release to the applicant,
registrant, or others of all or a portion of the impounded
funds, membership receivables, or other assets in the
impound. The director may take appropriate measures to
assure that the impounded funds will be applied as required
by this chapter.
(2) Funds placed in impounds under this section or
reserve accounts under RCW 19.105.350 are not subject to
lien, attachment, or the possession of lenders or creditors of
the operator, trustees in bankruptcy, receivers, or other third
parties. In instances of bankruptcy, foreclosure, attachment,
or other contingency where the ownership or beneficiary
status of funds in depositories, or the receivables and funds
to be collected from receivables, may be at issue, the
purchasers of contracts under this chapter, as a class, shall
be deemed the beneficiary. No individual purchaser or
group of purchasers, other than the purchasers as a class,
have any right to possession, attachment, lien, or right of
partition of funds or receivables in the impound or reserve.
(3) It is unlawful for an operator or other person to
assign, hypothecate, sell, or pledge any contract or other
asset placed into an impound or reserve under this chapter
without the express written approval of the director or a
court of competent jurisdiction. [1988 c 159 § 8; 1982 c 69
§ 5.]
19.105.345 Persons licensed under chapter 18.85
RCW exempt from salesperson registration requirements.
Persons licensed under chapter 18.85 RCW are exempt from
the camping resort salesperson registration requirements of
this chapter for camping resort contracts offered through the
licensed brokerage. [1988 c 159 § 9.]
19.105.350 Director may require reserve fund by
order—Denial or suspension of registration. (Effective
until January 1, 2003.) (1) If the purchaser will own or
acquire title to specified real property or improvements to be
acquired by the camping resort, the director may by order
require to the extent necessary to protect the interests of the
purchasers or owners of camping resort contracts, that an
appropriate portion of the proceeds paid under those camping
resort contracts be placed in a separate reserve fund to be set
aside and applied toward the purchase price of the real
property, improvements, or facilities.
(2) The director may deny or suspend a registration in
which the registrant is advertising or offering annual or
periodic dues or assessments by members that the director
finds would result in the registrant’s future inability to fund
operating costs. [1988 c 159 § 10; 1982 c 69 § 6.]
19.105.350 Director may require reserve fund by
order— Actions against a registration. (Effective January
1, 2003.) (1) If the purchaser will own or acquire title to
specified real property or improvements to be acquired by
the camping resort, the director may by order require to the
extent necessary to protect the interests of the purchasers or
owners of camping resort contracts, that an appropriate
portion of the proceeds paid under those camping resort
contracts be placed in a separate reserve fund to be set aside
(2002 Ed.)
Camping Resorts
and applied toward the purchase price of the real property,
improvements, or facilities.
(2) The director may take any of the actions authorized
in RCW 18.235.110 against a registration in which the
registrant is advertising or offering annual or periodic dues
or assessments by members that the director finds would result in the registrant’s future inability to fund operating costs.
[2002 c 86 § 272; 1988 c 159 § 10; 1982 c 69 § 6.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.105.360 Filing of sales literature, contract form,
disclosure supplements. The camping resort operator or
other registrant of offerings of camping resort contracts shall
file with the director at least five business days prior to the
first use thereof in the state of Washington (1) the proposed
text of all advertisements and sales promotion literature, (2)
its proposed form of camping resort contract, and (3) the text
of any supplements or amendments to the written disclosures
required to be furnished prospective purchasers under RCW
19.105.370: PROVIDED, That if the text in lieu of definitive copies of any materials are filed, definitive copies shall
be filed with the director within five business days following
the date of first use of the materials. [1988 c 159 § 11;
1982 c 69 § 7.]
19.105.365 Advertising promises of free gifts,
awards, or prizes—Provision of gift or substitute—
Security arrangements after violation—Advance fees
placed in trust—Membership referral programs considered promotional programs. (1) It is unlawful for a
camping resort operator or other person, in connection with
an advertisement or offer for sale of a camping resort
contract in this state, to promise or offer a free gift, award,
prize, or other item of value if the operator or person knows
or has reason to know that the offered item is unavailable in
a sufficient quantity based upon the reasonably anticipated
response to the advertisement or offer.
(2) A person who responds to an advertisement or offer
in the manner specified, who performs all stated requirements, and who meets the qualifications disclosed shall
receive the offered item subject to chapter 19.170 RCW.
(3) The director may, upon making a determination that
a violation of subsection (1) or (2) of this section has
occurred, require any person, including an operator or other
registrant found in violation, who continues, or proposes to
continue, offering a free gift, award, prize, or other item of
value in this state for purposes of advertising a camping
resort or inducing persons to purchase a camping resort
contract, to provide evidence of the ability to deliver on
promised gifts, prizes, or awards by means such as bonds,
irrevocable letters of credit, cash deposits, or other security
arrangements acceptable to the director.
(4) The director may require that any fees or funds of
any description collected in advance from persons for
purposes of obtaining promised gifts, awards, prizes, or other
items of value, be placed in trust in a depository in this state
until after delivery of the promised gift, prize, award, or
other item of value.
(2002 Ed.)
19.105.350
(5) Operators or other registrants or persons promising
gifts, prizes, awards, or other items of consideration as part
of a membership referral program shall be considered to be
offering or selling promotional programs.
(6) Chapter 19.170 RCW applies to free gifts, awards,
or prizes regulated under this chapter. [1991 c 227 § 9;
1988 c 159 § 12.]
Severability—1991 c 227: See RCW 19.170.900.
19.105.370 Purchaser to receive written disclosures
from operator or department—Exemptions. Except in a
transaction exempt under RCW 19.105.325, any operator
who offers or sells camping resort contracts in this state shall
provide the prospective purchaser with the written disclosures required to be filed under RCW 19.105.320(1)(b) in a
form that is materially accurate and complete before the prospective purchaser signs a camping resort contract or gives
any item of value for the purchase of a camping resort
contract. The department may provide its own disclosures,
supplementing those of the operator, in any format it deems
appropriate. The department shall not be held liable for any
alleged failure to disclose information or for deficiencies in
the content of its disclosures when such disclosures are
based upon information provided by the operator or a
registrant. [1988 c 159 § 13; 1982 c 69 § 8.]
19.105.380 Registration or application—Conditions
for denial, suspension, or revocation by order—Fine—
Reimbursement of costs—Notices, hearings, and findings—Summary orders—Assurances of discontinuance.
(Effective until January 1, 2003.) (1) A registration or an
application for registration of camping resort contracts or
renewals thereof may by order be denied, suspended, or
revoked if the director finds that:
(a) The advertising, sales techniques, or trade practices
of the applicant, registrant, or its affiliate or agent have been
or are deceptive, false, or misleading;
(b) The applicant or registrant has failed to file copies
of the camping resort contract form under RCW 19.105.360;
(c) The applicant, registrant, or affiliate has failed to
comply with any provision of this chapter, the rules adopted
or the conditions of a permit granted under this chapter, or
a stipulation or final order previously entered into by the
operator or issued by the department under this chapter;
(d) The applicant’s, registrant’s, or affiliate’s offering of
camping resort contracts has worked or would work a fraud
upon purchasers or owners of camping resort contracts;
(e) The camping resort operator or any officer, director,
or affiliate of the camping resort operator has been within
the last five years convicted of or pleaded nolo contendre to
any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty, has been enjoined from or
had any civil penalty assessed for a finding of dishonest
dealing or fraud in a civil suit, or been found to have
engaged in any violation of any act designed to protect
consumers, or has been engaged in dishonest practices in any
industry involving sales to consumers;
(f) The applicant or registrant has represented or is
representing to purchasers in connection with the offer or
sale of a camping resort contract that a camping resort
property, facility, amenity camp site, or other development
[Title 19 RCW—page 165]
19.105.380
Title 19 RCW: Business Regulations—Miscellaneous
is planned, promised, or required, and the applicant or
registrant has not provided the director with a security or
assurance of performance as required by this chapter;
(g) The applicant or registrant has not provided or is no
longer providing the director with the necessary security
arrangements to assure future availability of titles or properties as required by this chapter or agreed to in the permit to
market;
(h) The applicant or registrant is or has been employing
unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;
(i) The applicant or registrant has breached any escrow,
impound, reserve account, or trust arrangement or the
conditions of an order or permit to market required by this
chapter;
(j) The applicant or registrant has breached any stipulation or order entered into in settlement of the department’s
filing of a previous administrative action;
(k) The applicant or registrant has filed or caused to be
filed with the director any document or affidavit, or made
any statement during the course of a registration or exemption procedure with the director, that is materially untrue or
misleading;
(l) The applicant or registrant has engaged in a practice
of failing to provide the written disclosures to purchasers or
prospective purchasers as required under this chapter;
(m) The applicant, registrant, or any of its officers,
directors, or employees, if the operator is other than a natural
person, have wilfully done, or permitted any of their salespersons or agents to do, any of the following:
(i) Engage in a pattern or practice of making untrue or
misleading statements of a material fact, or omitting to state
a material fact;
(ii) Employ any device, scheme, or artifice to defraud
purchasers or members;
(iii) Engage in a pattern or practice of failing to provide
the written disclosures to purchasers or prospective purchasers as required under this chapter;
(n) The applicant or registrant has failed to provide a
bond, letter of credit, or other arrangement to assure delivery
of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a
security arrangement, or failed to maintain such a security
arrangement in effect because of a resignation or loss of a
trustee, impound, or escrow agent;
(o) The applicant or registrant has engaged in a practice
of selling contracts using material amendments or codicils
that have not been filed or are the consequences of breaches
or alterations in previously filed contracts;
(p) The applicant or registrant has engaged in a practice
of selling or proposing to sell contracts in a ratio of contracts
to sites available in excess of that filed in the affidavit
required by this chapter;
(q) The camping resort operator has withdrawn, has the
right to withdraw, or is proposing to withdraw from use all
or any portion of any camping resort property devoted to the
camping resort program, unless:
(i) Adequate provision has been made to provide within
a reasonable time thereafter a substitute property in the same
general area that is at least as desirable for the purpose of
camping and outdoor recreation;
[Title 19 RCW—page 166]
(ii) The property is withdrawn because, despite good
faith efforts by the camping resort operator, a nonaffiliate of
the camping resort has exercised a right of withdrawal from
use by the camping resort (such as withdrawal following
expiration of a lease of the property to the camping resort)
and the terms of the withdrawal right have been disclosed in
writing to all purchasers at or prior to the time of any sales
of camping resort contracts after the camping resort has
represented to purchasers that the property is or will be
available for camping or recreation purposes;
(iii) The specific date upon which the withdrawal
becomes effective has been disclosed in writing to all
purchasers and members prior to the time of any sales of
camping resort contracts after the camping resort has
represented to purchasers that the property is or will be
available for camping or recreation purposes;
(iv) The rights of members and owners of the camping
resort contracts under the express terms of the camping
resort contract have expired, or have been specifically
limited, upon the lapse of a stated or determinable period of
time, and the director by order has found that the withdrawal
is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping
resort contracts, as expressed in their previously obtained
vote of approval;
(r) The format, form, or content of the written disclosures provided therein is not complete, full, or materially
accurate, or statements made therein are materially false,
misleading, or deceptive;
(s) The applicant or registrant has failed or declined to
respond to any subpoena lawfully issued and served by the
department under this chapter;
(t) The applicant or registrant has failed to file an
amendment for a material change in the manner or at the
time required under this chapter or its implementing rules;
(u) The applicant or registrant has filed voluntarily or
been placed involuntarily into a federal bankruptcy or is
proposing to do so; or
(v) A camping resort operator’s rights or interest in a
campground has been terminated by foreclosure or the
operations in a camping resort have been terminated in a
manner contrary to contract provisions.
(2) Any applicant or registrant who has violated
subsection (1)(a), (b), (c), (f), (h), (i), (j), (l), (m), or (n) of
this section may be fined by the director in an amount not to
exceed one thousand dollars for each such violation.
Proceedings seeking such fines shall be held in accordance
with chapter 34.05 RCW and may be filed either separately
or in conjunction with other administrative proceedings to
deny, suspend, or revoke registrations authorized under this
chapter. Fines collected from such proceedings shall be
deposited in the state general fund.
(3) An operator, registrant, or applicant against whom
administrative or legal proceedings have been filed shall be
responsible for and shall reimburse the state, by payment
into the general fund, for all administrative and legal costs
actually incurred by the department in issuing, processing,
and conducting any such administrative or legal proceeding
authorized under this chapter that results in a final legal or
administrative determination of any type or degree in favor
of the department.
(2002 Ed.)
Camping Resorts
(4) No order may be entered under this section without
appropriate prior notice to the applicant or registrant of
opportunity for a hearing and written findings of fact and
conclusions of law, except that the director may by order
summarily deny an application for registration or renewal
under any of the above subsections and may summarily
suspend or revoke a registration under subsection (1)(d), (f),
(g), (h), (i), (k), (l), (m), and (n) of this section. No fine
may be imposed by summary order.
(5) The proceedings to deny an application or renewal,
suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance
with chapter 34.05 RCW.
(6) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and
desist order or conducting a hearing under this chapter. The
assurances shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
applicant or registrant shall not be required to admit to any
violation of the law, nor shall the assurance be construed as
such an admission. Violating or breaching an assurance
under this subsection is grounds for suspension or revocation
of registration or imposition of a fine.
(7) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 850; 1988 c 159 § 14; 1982 c 69 § 9.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.380 Unprofessional conduct/disciplinary
action—Grounds—Liability for administrative and legal
costs—Assurances of discontinuance—Support order,
noncompliance. (Effective January 1, 2003.) (1) In
addition to the unprofessional conduct in RCW 18.235.130,
the director may take disciplinary action for the following
conduct, acts, or conditions:
(a) The applicant, registrant, or affiliate has failed to file
copies of the camping resort contract form under RCW
19.105.360;
(b) The applicant, registrant, or affiliate has failed to
comply with any provision of this chapter;
(c) The applicant’s, registrant’s, or affiliate’s offering of
camping resort contracts has worked or would work a fraud
upon purchasers or owners of camping resort contracts;
(2002 Ed.)
19.105.380
(d) The camping resort operator or any officer, director,
or affiliate of the camping resort operator has been enjoined
from or had any civil penalty assessed for a finding of
dishonest dealing or fraud in a civil suit, or been found to
have engaged in any violation of any act designed to protect
consumers, or has been engaged in dishonest practices in any
industry involving sales to consumers;
(e) The applicant or registrant has represented or is
representing to purchasers in connection with the offer or
sale of a camping resort contract that a camping resort
property, facility, amenity camp site, or other development
is planned, promised, or required, and the applicant or
registrant has not provided the director with a security or
assurance of performance as required by this chapter;
(f) The applicant or registrant has not provided or is no
longer providing the director with the necessary security
arrangements to ensure future availability of titles or properties as required by this chapter or agreed to in the permit to
market;
(g) The applicant or registrant is or has been employing
unregistered salespersons or offering or proposing a membership referral program not in compliance with this chapter;
(h) The applicant or registrant has breached any escrow,
impound, reserve account, or trust arrangement or the
conditions of an order or permit to market required by this
chapter;
(i) The applicant or registrant has filed or caused to be
filed with the director any document or affidavit, or made
any statement during the course of a registration or exemption procedure with the director, that is materially untrue or
misleading;
(j) The applicant or registrant has engaged in a practice
of failing to provide the written disclosures to purchasers or
prospective purchasers as required under this chapter;
(k) The applicant, registrant, or any of its officers,
directors, or employees, if the operator is other than a natural
person, have willfully done, or permitted any of their
salespersons or agents to do, any of the following:
(i) Engage in a pattern or practice of making untrue or
misleading statements of a material fact, or omitting to state
a material fact;
(ii) Employ any device, scheme, or artifice to defraud
purchasers or members;
(iii) Engage in a pattern or practice of failing to provide
the written disclosures to purchasers or prospective purchasers as required under this chapter;
(l) The applicant or registrant has failed to provide a
bond, letter of credit, or other arrangement to ensure delivery
of promised gifts, prizes, awards, or other items of consideration, as required under this chapter, breached such a
security arrangement, or failed to maintain such a security
arrangement in effect because of a resignation or loss of a
trustee, impound, or escrow agent;
(m) The applicant or registrant has engaged in a practice
of selling contracts using material amendments or codicils
that have not been filed or are the consequences of breaches
or alterations in previously filed contracts;
(n) The applicant or registrant has engaged in a practice
of selling or proposing to sell contracts in a ratio of contracts
to sites available in excess of that filed in the affidavit
required by this chapter;
[Title 19 RCW—page 167]
19.105.380
Title 19 RCW: Business Regulations—Miscellaneous
(o) The camping resort operator has withdrawn, has the
right to withdraw, or is proposing to withdraw from use all
or any portion of any camping resort property devoted to the
camping resort program, unless:
(i) Adequate provision has been made to provide within
a reasonable time thereafter a substitute property in the same
general area that is at least as desirable for the purpose of
camping and outdoor recreation;
(ii) The property is withdrawn because, despite good
faith efforts by the camping resort operator, a nonaffiliate of
the camping resort has exercised a right of withdrawal from
use by the camping resort (such as withdrawal following
expiration of a lease of the property to the camping resort)
and the terms of the withdrawal right have been disclosed in
writing to all purchasers at or prior to the time of any sales
of camping resort contracts after the camping resort has
represented to purchasers that the property is or will be
available for camping or recreation purposes;
(iii) The specific date upon which the withdrawal
becomes effective has been disclosed in writing to all
purchasers and members prior to the time of any sales of
camping resort contracts after the camping resort has
represented to purchasers that the property is or will be
available for camping or recreation purposes;
(iv) The rights of members and owners of the camping
resort contracts under the express terms of the camping
resort contract have expired, or have been specifically
limited, upon the lapse of a stated or determinable period of
time, and the director by order has found that the withdrawal
is not otherwise inconsistent with the protection of purchasers or the desire of the majority of the owners of camping
resort contracts, as expressed in their previously obtained
vote of approval;
(p) The format, form, or content of the written disclosures provided therein is not complete, full, or materially
accurate, or statements made therein are materially false,
misleading, or deceptive;
(q) The applicant or registrant has failed to file an
amendment for a material change in the manner or at the
time required under this chapter or its implementing rules;
(r) The applicant or registrant has filed voluntarily or
been placed involuntarily into a federal bankruptcy or is
proposing to do so; or
(s) A camping resort operator’s rights or interest in a
campground has been terminated by foreclosure or the
operations in a camping resort have been terminated in a
manner contrary to contract provisions.
(2) An operator, registrant, or applicant against whom
administrative or legal proceedings have been filed shall be
responsible for and shall reimburse the state, by payment
into the general fund, for all administrative and legal costs
actually incurred by the department in issuing, processing,
and conducting any such administrative or legal proceeding
authorized under this chapter that results in a final legal or
administrative determination of any type or degree in favor
of the department.
(3) The director may enter into assurances of discontinuance in lieu of issuing a statement of charges or a cease and
desist order or conducting a hearing under this chapter. The
assurances shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
applicant or registrant shall not be required to admit to any
[Title 19 RCW—page 168]
violation of the law, nor shall the assurance be construed as
such an admission. Violating or breaching an assurance
under this subsection is grounds for suspension or revocation
of registration or imposition of a fine.
(4) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 86 § 273; 1997 c 58 §
850; 1988 c 159 § 14; 1982 c 69 § 9.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.390 Resort contracts—Purchaser’s
cancellation—Notice—Statement of right to cancel. Any
camping resort contract may be canceled at the option of the
purchaser, if the purchaser sends notice of the cancellation
by certified mail (return receipt requested) to the camping
resort operator at the address contained in the camping resort
contract and if the notice is postmarked not later than
midnight of the third business day following the day on
which the contract is signed. In addition to this cancellation
right, any purchaser who signs a camping resort contract of
any description required to be registered with the department
without having received the written disclosures required by
this chapter has cancellation rights until three business days
following eventual receipt of the written disclosures.
Purchasers shall request cancellation of contracts by sending
the notice of cancellation by certified mail (return receipt
requested), postmarked not later than midnight of the third
business day following the day on which the contract is
signed or the day on which the disclosures were actually
received, whichever event is later to the camping resort
operator at the address contained in the camping resort
contract. In computing the number of business days, the day
on which the contract was signed shall not be included as a
"business day," nor shall Saturday, Sunday, or legal holidays
be included. Within three business days following receipt of
timely and proper notice of cancellation from the purchaser,
the camping resort operator shall provide evidence that the
contract has been cancelled. Thereafter, any money or other
consideration paid by the purchaser shall be promptly
refunded.
Every camping resort contract, other than those being
offered and registered as resales, shall include the following
statement in at least ten-point bold-face type immediately
prior to the space for the purchaser’s signature:
"Purchaser’s right to cancel: You may cancel this
contract without any cancellation fee or other penalty, or
stated reason for doing so, by sending notice of cancellation
(2002 Ed.)
Camping Resorts
by certified mail, return receipt requested, to . . . . . . (insert
name and address of camping resort operator). The notice
must be postmarked by midnight of the third business day
following the day on which the contract is signed. In
computing the three business days, the day on which the
contract is signed shall not be included as a "business day,"
nor shall Saturday, Sunday, or legal holidays be included."
If the purchaser has not inspected a camping resort
property or facility at which camping resort sites are located
or planned, the notice must contain the following additional
language:
"If you sign this contract without having inspected a
property at which camping sites are located or planned, you
may cancel this contract by giving this notice within six (6)
business days following the day on which you signed the
contract." [1988 c 159 § 15; 1982 c 69 § 10.]
19.105.400 Resort contracts—Voidable—Estoppel.
Any camping resort contract entered into in violation of this
chapter may be voided by the purchaser and the purchaser’s
entire consideration recovered at the option of the purchaser,
but no suit under this section may be brought after two years
from the date the contract is signed. [1988 c 159 § 16; 1982
c 69 § 11.]
19.105.405 Purchaser lists—Authorized uses. (1)
The legislature recognizes the proprietary interest camping
resort operators have in purchaser lists. The legislature also
recognizes that purchasers of camping resort contracts have
a legitimate interest in being able to contact other resort purchasers for the purpose of forming a members’ association.
In balancing these competing interests, the legislature
believes that purchaser lists can be made available to
camping resort purchasers with reasonable restrictions on the
dissemination of those lists.
(2) Upon request of a purchaser, the camping resort
operator shall provide to the purchaser a list of the names,
addresses, and unit, site, or purchaser number of all purchasers. The camping resort operator may charge for the reasonable costs for preparing the list. The operator shall require
the purchaser to sign an affidavit agreeing not to use the list
for any commercial purpose.
(3) It is a violation of this chapter and chapter 19.86
RCW for any person to use a membership list for commercial purposes unless authorized to do so by the operator.
(4) It is a violation of this chapter and chapter 19.86
RCW for a camping resort operator to fail to provide a list
of purchasers as provided in this section. [1988 c 159 § 17.]
19.105.411 Fees. Applicants or registrants under this
chapter shall pay fees determined by the director as provided
in RCW 43.24.086. The fees shall be prepaid and the
director may determine fees for the following activities or
events:
(1) A fee for the initial application and an additional fee
for each camping resort contract registered;
(2) Renewals of camping resort registrations and an
additional fee for each additional camping resort contract
registered;
(2002 Ed.)
19.105.390
(3) An initial and annual fee for processing and administering any required impound, trust, reserve, or escrow
arrangement and security arrangements for such programs;
(4) The review and processing of advertising or promotional materials;
(5) Registration and renewal of registrations of salespersons;
(6) The transfer of a salesperson’s permit from one
operator to another;
(7) Administering examinations for salespersons;
(8) Amending the registration or the public offering
statement;
(9) Conducting site inspections;
(10) Granting exemptions under this chapter;
(11) Penalties for registrants in any situation where a
registrant has failed to file an amendment to the registration
or the public offering statement in a timely manner for
material changes, as required in this chapter and its implementing rules. [1988 c 159 § 18.]
19.105.420 Resort contracts—Registration, duration—Renewal, amendment—Renewal of prior permits.
A registration of camping resort contracts shall be effective
for a period of one year and may, upon application, be
renewed for successive periods of one year each, unless the
director prescribes a shorter period for a permit or registration. A camping resort contract registration shall be amended if there is to be an increase in inventory or consolidation
to the number of camping resort contracts registered, or in
instances in which new contract forms are to be offered.
Consolidations, new contract forms, the adding of resorts to
the program, or amendments for material changes shall
become effective in the manner provided by RCW
19.105.330. The written disclosures required to be furnished
prospective purchasers under RCW 19.105.370 shall be supplemented by amendment request in writing as necessary to
keep the required information reasonably current and
reflective of material changes. Amendments shall be filed
with the director as provided in RCW 19.105.360. The
foregoing notwithstanding, however, the camping resort
operator or registrant shall file an amendment to the registration disclosing any event which will have a material effect
on the conduct of the operation of the camping resort, the
financial condition of the camping resort, or the future
availability of the camping resort properties to purchasers.
The amendment shall be filed within thirty days following
the event. The amendment shall be treated as an original
application for registration, except that until the director has
acted upon the application for amendment the applicant’s
registration shall continue to be deemed effective for the
purposes of RCW 19.105.310.
Any permit to sell camping resort memberships issued
prior to November 1, 1982, shall be deemed a camping
resort registration subject to the renewal provisions of this
chapter upon the anniversary date of the issuance of the
original permit. [1988 c 159 § 19; 1982 c 69 § 13.]
19.105.430 Unlawful to act as salesperson without
registering—Exemptions. Unless the transaction is exempt
under RCW 19.105.325, it is unlawful for any person to act
as a camping resort salesperson in this state without first
[Title 19 RCW—page 169]
19.105.430
Title 19 RCW: Business Regulations—Miscellaneous
registering under this chapter as a salesperson or being
licensed as a salesperson under chapter 18.85 RCW or a
broker licensed under that chapter. [1988 159 § 20; 1982 c
69 § 14.]
19.105.440 Registration as salesperson—
Application—Denial, suspension, or revocation of registration or application by order—Fine—Notices, hearings,
and findings—Summary orders—Assurances of discontinuance—Renewal of registration. (Effective until
January 1, 2003.) (1) A salesperson may apply for registration by filing in a complete and readable form with the
director an application form provided by the director which
includes the following:
(a) A statement whether or not the applicant within the
past five years has been convicted of, pleaded nolo contendre
to, or been ordered to serve probation for a period of a year
or more for any misdemeanor or felony involving conversion, embezzlement, theft, fraud, or dishonesty or the applicant has been enjoined from, had any civil penalty assessed
for, or been found to have engaged in any violation of any
act designed to protect consumers;
(b) A statement fully describing the applicant’s employment history for the past five years and whether or not any
termination of employment during the last five years was the
result of any theft, fraud, or act of dishonesty;
(c) A consent to service comparable to that required of
operators under this chapter; and
(d) Required filing fees.
(2) The director may by order deny, suspend, or revoke
a camping resort salesperson’s registration or application for
registration under this chapter or the person’s license or
application under chapter 18.85 RCW, or impose a fine on
such persons not exceeding two hundred dollars per violation, if the director finds that the order is necessary for the
protection of purchasers or owners of camping resort
contracts and the applicant or registrant is guilty of:
(a) Obtaining registration by means of fraud, misrepresentation, or concealment, or through the mistake or inadvertence of the director;
(b) Violating any of the provisions of this chapter or
any lawful rules adopted by the director pursuant thereto;
(c) Being convicted in a court of competent jurisdiction
of this or any other state, or federal court, of forgery,
embezzlement, obtaining money under false pretenses,
bribery, larceny, extortion, conspiracy to defraud, or any
similar offense or offenses. For the purposes of this section,
"being convicted" includes all instances in which a plea of
guilty or nolo contendere is the basis for the conviction, and
all proceedings in which the sentence has been deferred or
suspended;
(d) Making, printing, publishing, distributing, or causing,
authorizing, or knowingly permitting the making, printing,
publication, or distribution of false statements, descriptions,
or promises of such character as to reasonably induce any
person to act thereon, if the statements, descriptions, or
promises purport to be made or to be performed by either
the applicant or registrant and the applicant or registrant then
knew or, by the exercise of reasonable care and inquiry,
could have known, of the falsity of the statements, descriptions, or promises;
[Title 19 RCW—page 170]
(e) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the work, representation, or conduct of
the applicant or registrant;
(f) Failing, upon demand, to disclose to the director or
the director’s authorized representatives acting by authority
of law any information within his or her knowledge or to
produce for inspection any document, book or record in his
or her possession, which is material to the salesperson’s registration or application for registration;
(g) Continuing to sell camping resort contracts in a
manner whereby the interests of the public are endangered,
if the director has, by order in writing, stated objections
thereto;
(h) Committing any act of fraudulent or dishonest
dealing or a crime involving moral turpitude, and a certified
copy of the final holding of any court of competent jurisdiction in such matter shall be conclusive evidence in any hearing under this chapter;
(i) Misrepresentation of membership in any state or
national association; or
(j) Discrimination against any person in hiring or in
sales activity on the basis of race, color, creed, or national
origin, or violating any state or federal antidiscrimination
law.
(3) No order may be entered under this section without
appropriate prior notice to the applicant or registrant of
opportunity for a hearing and written findings of fact and
conclusions of law, except that the director may by order
summarily deny an application for registration under this
section.
(4) The proceedings to deny an application or renewal,
suspend or revoke a registration or permit, whether summarily or otherwise, or impose a fine shall be held in accordance
with chapter 34.05 RCW.
(5) The director, subsequent to any complaint filed
against a salesperson or pursuant to an investigation to
determine violations, may enter into stipulated assurances of
discontinuances in lieu of issuing a statement of charges or
a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
salesperson shall not be required to admit to any violation of
the law, nor shall the assurance be construed as such an
admission. Violation of an assurance under this subsection
is grounds for a disciplinary action, a suspension of registration, or a fine not to exceed one thousand dollars.
(6) The director may by rule require such further
information or conditions for registration as a camping resort
salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies,
as the director deems necessary to protect the interests of
purchasers.
(7) Registration as a camping resort salesperson shall be
effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a
different registrant. Registration as a camping resort
salesperson shall be renewed annually, or at the time of
transferring employment, whichever occurs first, by the filing
of a form prescribed by the director for that purpose.
(2002 Ed.)
Camping Resorts
(8) It is unlawful for a registrant of camping resort
contracts to employ or a person to act as a camping resort
salesperson covered under this section unless the salesperson
has in effect with the department and displays a valid
registration in a conspicuous location at each of the sales
offices at which the salesperson is employed. It is the
responsibility of both the operator and the salesperson to
notify the department when and where a salesperson is
employed, his or her responsibilities and duties, and when
the salesperson’s employment or reported duties are changed
or terminated.
(9) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c 58
§ 851; 1988 c 159 § 21; 1982 c 69 § 15.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.440 Registration as salesperson—
Application—Unprofessional conduct—Assurances of
discontinuance—Renewal of registration—Support order,
noncompliance. (Effective January 1, 2003.) (1) A
salesperson may apply for registration by filing in a complete and readable form with the director an application form
provided by the director that includes the following:
(a) A statement whether or not the applicant has been
found to have engaged in any violation of any act designed
to protect consumers and whether the applicant is qualified
for licensure under RCW 18.235.130;
(b) A statement fully describing the applicant’s employment history for the past five years and whether or not any
termination of employment was the result of any theft, fraud,
or act of dishonesty;
(c) A consent to service comparable to that required of
operators under this chapter; and
(d) Required filing fees.
(2) In addition to the unprofessional conduct specified
in RCW 18.235.130, the director may take disciplinary
action against a camping resort salesperson’s registration or
application for registration under this chapter or the person’s
license or application under chapter 18.85 RCW for any of
the following conduct, acts, or conditions:
(a) Violating any of the provisions of this chapter or any
lawful rules adopted by the director pursuant thereto;
(b) Making, printing, publishing, distributing, or causing,
authorizing, or knowingly permitting the making, printing,
(2002 Ed.)
19.105.440
publication, or distribution of false statements, descriptions,
or promises of such character as to reasonably induce any
person to act thereon, if the statements, descriptions, or
promises purport to be made or to be performed by either
the applicant or registrant and the applicant or registrant then
knew or, by the exercise of reasonable care and inquiry,
could have known, of the falsity of the statements, descriptions, or promises;
(c) Knowingly committing, or being a party to, any
material fraud, misrepresentation, concealment, conspiracy,
collusion, trick, scheme, or device whereby any other person
lawfully relies upon the work, representation, or conduct of
the applicant or registrant;
(d) Continuing to sell camping resort contracts in a
manner whereby the interests of the public are endangered,
if the director has, by order in writing, stated objections
thereto;
(e) Misrepresentation of membership in any state or
national association; or
(f) Discrimination against any person in hiring or in
sales activity on the basis of race, color, creed, or national
origin, or violating any state or federal antidiscrimination
law.
(3) The director, subsequent to any complaint filed
against a salesperson or pursuant to an investigation to
determine violations, may enter into stipulated assurances of
discontinuances in lieu of issuing a statement of charges or
a cease and desist order or conducting a hearing. The assurance shall consist of a statement of the law in question
and an agreement not to violate the stated provision. The
salesperson shall not be required to admit to any violation of
the law, nor shall the assurance be construed as such an
admission. Violation of an assurance under this subsection
is grounds for disciplinary action.
(4) The director may by rule require such further
information or conditions for registration as a camping resort
salesperson, including qualifying examinations and fingerprint cards prepared by authorized law enforcement agencies,
as the director deems necessary to protect the interests of
purchasers.
(5) Registration as a camping resort salesperson shall be
effective for a period of one year unless the director specifies otherwise or the salesperson transfers employment to a
different registrant. Registration as a camping resort
salesperson shall be renewed annually, or at the time of
transferring employment, whichever occurs first, by the filing
of a form prescribed by the director for that purpose.
(6) It is unlawful for a registrant of camping resort
contracts to employ or a person to act as a camping resort
salesperson covered under this section unless the salesperson
has in effect with the department and displays a valid
registration in a conspicuous location at each of the sales
offices at which the salesperson is employed. It is the
responsibility of both the operator and the salesperson to
notify the department when and where a salesperson is
employed, his or her responsibilities and duties, and when
the salesperson’s employment or reported duties are changed
or terminated.
(7) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
[Title 19 RCW—page 171]
19.105.440
Title 19 RCW: Business Regulations—Miscellaneous
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 86 § 274; 1997 c 58 §
851; 1988 c 159 § 21; 1982 c 69 § 15.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.105.450 Investigations—Scope—Publishing
information. The director may make such public or private
investigations or may make such requests for information,
within or without this state, as the director deems necessary
to determine whether any registration should be granted,
denied, suspended, or revoked, or a fine imposed, or whether
any person has violated or is about to violate any of the
provisions of this chapter or any rule, order, or permit under
this chapter, or to aid in the enforcement of this chapter or
in prescribing of rules and forms under, and amendments to,
this chapter and may publish information concerning any
violation of this chapter or any rule or order under this chapter. [1988 c 159 § 22; 1982 c 69 § 16.]
19.105.460 Investigations—Powers relating to—
Proceedings for contempt. (Effective until January 1,
2003.) For the purpose of any investigation or proceeding
under this chapter, the director or any officer designated by
him may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records
which the director deems relevant or material to the inquiry.
In the case of any person who disobeys any subpoena
lawfully issued by the director, or on the refusal of any
witness to testify to any matters regarding which he may be
lawfully interrogated, the superior court of any county or the
judge thereof, on application by the director, and after
satisfactory evidence of wilful disobedience, may compel
obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from
such a court on a refusal to testify therein. [1982 c 69 §
17.]
19.105.470 Cease and desist orders—Utilizing
temporary order, injunction, restraining order, or writ of
mandamus. (Effective until January 1, 2003.) (1) Whenever it appears to the director that any person has engaged
or is about to engage in any act or practice constituting a
violation of any provision of this chapter, any withdrawal of
a camping resort property in violation of RCW
19.105.380(1)(q), or any rule, order, or permit issued under
this chapter, the director may in his or her discretion issue
an order directing the person to cease and desist from
continuing the act or practice. Reasonable notice of and
[Title 19 RCW—page 172]
opportunity for a hearing shall be given. However, the
director may issue a temporary order pending the hearing
which shall be effective immediately upon delivery to the
person affected and which shall remain in effect until ten
days after the hearing is held and which shall become final
if the person to whom notice is addressed does not request
a hearing within fifteen days after receipt of notice.
(2) If it appears necessary in order to protect the
interests of members and purchasers, whether or not the
director has issued a cease and desist order, the attorney
general in the name of the state, the director, the proper
prosecuting attorney, an affiliated members’ common-interest
association, or a group of members as a class, may bring an
action in any court of competent jurisdiction to enjoin any
such acts or practices and to enforce compliance with this
chapter or any rule, order, or permit under this chapter.
Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted
and a receiver or conservator may be appointed for the
defendant, for the defendant’s assets, or to protect the
interests or assets of a members’ common-interest association or the members of a camping resort as a class. The
state, the director, a members’ common-interest association,
or members as a class shall not be required to post a bond
in such proceedings. [2000 c 171 § 69; 1988 c 159 § 23;
1982 c 69 § 18.]
19.105.470 Cease and desist orders—Utilizing
temporary order, injunction, restraining order, or writ of
mandamus. (Effective January 1, 2003.) (1) Whenever it
appears to the director that any person has engaged or is
about to engage in any act or practice constituting a violation
of any provision of this chapter, any withdrawal of a
camping resort property in violation of RCW
19.105.380(1)(o), or any rule, order, or permit issued under
this chapter, the director may in his or her discretion issue
an order directing the person to cease and desist from
continuing the act or practice. The procedures in RCW
18.235.150 apply to these cease and desist orders. However,
the director may issue a temporary order pending the hearing
which shall be effective immediately upon delivery to the
person affected and which shall remain in effect until ten
days after the hearing is held and which shall become final
if the person to whom notice is addressed does not request
a hearing.
(2) If it appears necessary in order to protect the
interests of members and purchasers, whether or not the
director has issued a cease and desist order, the attorney
general in the name of the state, the director, the proper
prosecuting attorney, an affiliated members’ common-interest
association, or a group of members as a class, may bring an
action in any court of competent jurisdiction to enjoin any
such acts or practices and to enforce compliance with this
chapter or any rule, order, or permit under this chapter.
Upon a proper showing, a permanent or temporary injunction, restraining order, or writ of mandamus shall be granted
and a receiver or conservator may be appointed for the
defendant, for the defendant’s assets, or to protect the
interests or assets of a members’ common-interest association or the members of a camping resort as a class. The
state, the director, a members’ common-interest association,
(2002 Ed.)
Camping Resorts
or members as a class shall not be required to post a bond
in such proceedings. [2002 c 86 § 275; 2000 c 171 § 69;
1988 c 159 § 23; 1982 c 69 § 18.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.105.480 Violations—As gross misdemeanors—
Statute of limitations. Any person who wilfully fails to
register an offering of camping resort contracts under this
chapter is guilty of a gross misdemeanor. It is a gross
misdemeanor for any person in connection with the offer or
sale of any camping resort contracts wilfully and knowingly:
(1) To make any untrue or misleading statement of a
material fact, or to omit to state a material fact necessary in
order to make the statements made, in the light of the
circumstances under which they are made, not misleading;
(2) To employ any device, scheme, or artifice to
defraud;
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
any person;
(4) To file, or cause to be filed, with the director any
document which contains any untrue or misleading information;
(5) To breach any impound, escrow, trust, or other
security arrangement provided for by this chapter;
(6) To cause the breaching of any trust, escrow, impound, or other arrangement placed in a registration for
compliance with RCW 19.105.336; or
(7) To employ unlicensed salespersons or permit
salespersons or employees to make misrepresentations or
violate this chapter.
No indictment or information may be returned under
this chapter more than five years after the date of the event
alleged to have been a violation. [1988 c 159 § 24; 1982 c
69 § 19.]
19.105.490 Violations—Referral to attorney general
or prosecuting attorney. The director may refer such
evidence as may be available concerning violations of this
chapter or of any rule or order under this chapter to the
attorney general or the proper prosecuting attorney who may
in his discretion, with or without such a reference, institute
the appropriate civil or criminal proceedings under this
chapter. [1982 c 69 § 20.]
19.105.500 Violations—Application of consumer
protection act. For the purposes of application of the
consumer protection act, chapter 19.86 RCW, any material
violation of the provisions of this chapter shall be construed
to constitute an unfair or deceptive act or practice or unfair
method of competition in the conduct of trade or commerce.
[1982 c 69 § 21.]
19.105.510 Resort contracts—Nonapplicability of
certain laws—County and city powers. Camping resort
contracts registered under this chapter are exempt from the
provisions of chapters 21.20 and 58.19 RCW and any act in
this state regulating the offer and sale of land developments,
real estate cooperatives, or time shares. Nothing in this
(2002 Ed.)
19.105.470
chapter prevents counties or cities from enacting ordinances
or resolutions setting platting or subdivision requirements
solely for camping resorts or for camping resorts as subdivisions or binding site plans if appropriate to chapter 58.17
RCW or local ordinances. [1988 c 159 § 25; 1982 c 69 §
22.]
19.105.520 Unlawful to represent director’s administrative approval as determination as to merits of
resort—Penalty. Neither the fact that an application for
registration nor the written disclosures required by this
chapter have been filed, nor the fact that a camping resort
contract offering has been effectively registered or exempted,
constitutes a finding by the director that the offering or any
document filed under this chapter is true, complete, and not
misleading, nor does the fact mean that the director has
determined in any way the merits or qualifications of or
recommended or given approval to any person, camping
resort operator, or camping resort contract transaction. It is
a gross misdemeanor to make or cause to be made to any
prospective purchaser any representation inconsistent with
this section. [1988 c 159 § 26; 1982 c 69 § 24.]
19.105.530 Rules, forms, orders—Administration of
chapter. (1) The director may make, amend, and repeal
rules, forms, and orders when necessary to carry out the
provisions of this chapter.
(2) The director may appoint those persons within the
department deemed necessary to administer this chapter.
The director may delegate to such persons any powers,
subject to the authority of the director, that may be necessary
to carry out this chapter, including the issuance and processing of administrative proceedings and entering into stipulations under RCW 19.105.380. [1988 c 159 § 27; 1982 c 69
§ 25.]
19.105.540 Administrative procedure act application. Chapter 34.05 RCW shall apply to any administrative
procedures carried out by the director under this chapter
unless otherwise provided in this chapter. [1982 c 69 § 26.]
19.105.550 Administration. This chapter shall be
administered by the director of licensing. [1982 c 69 § 27.]
19.105.560 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 276.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.105.910 Construction—Chapter as cumulative
and nonexclusive. Except as specifically provided in RCW
19.105.510, the provisions of this chapter are cumulative and
nonexclusive and do not affect any other remedy available
at law. [1982 c 69 § 23.]
[Title 19 RCW—page 173]
19.105.920
Title 19 RCW: Business Regulations—Miscellaneous
19.105.920 Severability—1982 c 69. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1982 c 69 § 29.]
19.105.930 Effective date—1982 c 69. This act shall
take effect on November 1, 1982. [1982 c 69 § 32.]
Chapter 19.108
UNIFORM TRADE SECRETS ACT
Sections
19.108.010 Definitions.
19.108.020 Remedies for misappropriation—Injunction, royalty.
19.108.030 Remedies for misappropriation—Damages.
19.108.040 Award of attorney’s fees.
19.108.050 Court orders to preserve secrecy of alleged trade secrets.
19.108.060 Actions for misappropriation—Time limitation.
19.108.900 Effect of chapter on other law.
19.108.910 Construction of uniform act.
19.108.920 Short title.
19.108.930 Effective date—Application—1981 c 286.
19.108.940 Severability—1981 c 286.
Requiring assignment of employee’s rights to inventions: RCW 49.44.140,
49.44.150.
19.108.010 Definitions. Unless the context clearly
requires otherwise, the definitions set forth in this section
apply throughout this chapter.
(1) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to
maintain secrecy, or espionage through electronic or other
means;
(2) "Misappropriation" means:
(a) Acquisition of a trade secret of another by a person
who knows or has reason to know that the trade secret was
acquired by improper means; or
(b) Disclosure or use of a trade secret of another
without express or implied consent by a person who:
(i) Used improper means to acquire knowledge of the
trade secret; or
(ii) At the time of disclosure or use, knew or had reason
to know that his or her knowledge of the trade secret was
(A) derived from or through a person who had utilized
improper means to acquire it, (B) acquired under circumstances giving rise to a duty to maintain its secrecy or limit
its use, or (C) derived from or through a person who owed
a duty to the person seeking relief to maintain its secrecy or
limit its use; or
(iii) Before a material change of his or her position,
knew or had reason to know that it was a trade secret and
that knowledge of it had been acquired by accident or mistake.
(3) "Person" means a natural person, corporation,
business trust, estate, trust, partnership, association, joint
venture, government, governmental subdivision or agency, or
any other legal or commercial entity.
(4) "Trade secret" means information, including a
formula, pattern, compilation, program, device, method,
technique, or process that:
(a) Derives independent economic value, actual or
potential, from not being generally known to, and not being
[Title 19 RCW—page 174]
readily ascertainable by proper means by, other persons who
can obtain economic value from its disclosure or use; and
(b) Is the subject of efforts that are reasonable under the
circumstances to maintain its secrecy. [1981 c 286 § 1.]
19.108.020 Remedies for misappropriation—
Injunction, royalty. (1) Actual or threatened misappropriation may be enjoined. Upon application to the court, an
injunction shall be terminated when the trade secret has
ceased to exist, but the injunction may be continued for an
additional reasonable period of time in order to eliminate
commercial advantage that otherwise would be derived from
the misappropriation.
(2) If the court determines that it would be unreasonable
to prohibit future use, an injunction may condition future use
upon payment of a reasonable royalty for no longer than the
period of time the use could have been prohibited.
(3) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order. [1981
c 286 § 2.]
19.108.030 Remedies for misappropriation—
Damages. (1) In addition to or in lieu of injunctive relief,
a complainant may recover damages for the actual loss
caused by misappropriation. A complainant also may
recover for the unjust enrichment caused by misappropriation
that is not taken into account in computing damages for
actual loss.
(2) If wilful and malicious misappropriation exists, the
court may award exemplary damages in an amount not
exceeding twice any award made under subsection (1).
[1981 c 286 § 3.]
19.108.040 Award of attorney’s fees. If a claim of
misappropriation is made in bad faith, a motion to terminate
an injunction is made or resisted in bad faith, or wilful and
malicious misappropriation exists, the court may award
reasonable attorney’s fees to the prevailing party. [1981 c
286 § 4.]
19.108.050 Court orders to preserve secrecy of
alleged trade secrets. In an action under this chapter, a
court shall preserve the secrecy of an alleged trade secret by
reasonable means, which may include granting protective
orders in connection with discovery proceedings, holding incamera hearings, sealing the records of the action, and
ordering any person involved in the litigation not to disclose
an alleged trade secret without prior court approval. [1981
c 286 § 5.]
19.108.060 Actions for misappropriation—Time
limitation. An action for misappropriation must be brought
within three years after the misappropriation is discovered or
by the exercise of reasonable diligence should have been
discovered. For the purposes of this section, a continuing
misappropriation constitutes a single claim. [1981 c 286 §
6.]
19.108.900 Effect of chapter on other law. (1) This
chapter displaces conflicting tort, restitutionary, and other
(2002 Ed.)
Uniform Trade Secrets Act
law of this state pertaining to civil liability for misappropriation of a trade secret.
(2) This chapter does not affect:
(a) Contractual or other civil liability or relief that is not
based upon misappropriation of a trade secret; or
(b) Criminal liability for misappropriation of a trade
secret. [1981 c 286 § 7.]
Theft of trade secrets: RCW 9A.56.010(6), 9A.56.020.
19.108.910 Construction of uniform act. This
chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the
subject of this chapter among states enacting it. [1981 c 286
§ 8.]
19.108.920 Short title. This chapter may be known
and cited as the uniform trade secrets act. [1981 c 286 § 9.]
19.108.930 Effective date—Application—1981 c 286.
This chapter takes effect on January 1, 1982, and does not
apply to misappropriation occurring prior to the effective
date. [1981 c 286 § 12.]
19.108.940 Severability—1981 c 286. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 286 § 10.]
Chapter 19.110
BUSINESS OPPORTUNITY FRAUD ACT
Sections
19.110.010 Legislative declaration.
19.110.020 Definitions.
19.110.030 Sale or lease of business opportunity—Offer to sell or lease
business opportunity—Occurrence in Washington.
19.110.040 Application of chapter.
19.110.050 Persons proposing to sell or lease business opportunity—
Registration required—Application—Renewal—Denial,
suspension, or revocation of registration.
19.110.060 Registration fees.
19.110.070 Disclosure document required—Contents.
19.110.080 Disclosure document—Director authorized to accept alternative.
19.110.090 Persons proposing to sell or lease business opportunity—
Service of process.
19.110.100 Seller to provide surety bond or trust account—Action by
state or injured person—Damages.
19.110.110 Business opportunity contract—Content—Cancellation period.
19.110.120 Unlawful acts.
19.110.130 Liability of seller for violation of chapter—Remedies—
Damages.
19.110.140 Director authorized to investigate violations—Authority to
subpoena witnesses or require production of documents.
19.110.150 Order to cease and desist—Hearing—Notice.
19.110.160 Actions by attorney general or prosecuting attorney to enjoin
violations—Injunction—Appointment of receiver or
conservator—Civil and criminal penalties.
19.110.170 Violations constitute unfair practice.
19.110.180 Authority of director to issue rules, forms, orders, interpretive opinions.
19.110.190 Appointment of administrator—Delegation of powers.
19.110.900 Chapter cumulative and nonexclusive.
19.110.910 Short title.
(2002 Ed.)
19.108.900
19.110.920 Severability—1981 c 155.
19.110.930 Effective date—1981 c 155.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to business opportunities were transferred to the department of financial institutions by 1993 c 472, effective October 1, 1993. See
RCW 43.320.011.
19.110.010 Legislative declaration. The legislature
finds and declares that the widespread and unregulated sale
of business opportunities has become a common area of
investment problems and deceptive practices in the state of
Washington. As a result, the provisions of this chapter are
necessary to counteract the potential negative impact of the
sale of business opportunities upon the economy of the state.
[1981 c 155 § 1.]
19.110.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Business opportunity" means the sale or lease of
any product, equipment, supply, or service which is sold or
leased to enable the purchaser to start a business; and:
(a) The seller represents that the seller will provide
locations or assist the purchaser in finding locations, on
premises neither owned nor leased by the purchaser or seller,
for the use or operation of vending machines, display racks,
cases, or similar devices or coin-operated amusement
machines or similar devices; or
(b) The seller represents that the seller will purchase any
product made, produced, fabricated, assembled, modified,
grown, or bred by the purchaser using, in whole or part, any
product, equipment, supply, or service sold or leased to the
purchaser by the seller; or
(c) The seller guarantees that the purchaser will earn an
income greater than or equal to the price paid for the
business opportunity; or
(d) The seller represents that if the purchaser pays a fee
exceeding three hundred dollars directly or indirectly for the
purpose of the seller providing a sales or marketing program,
the seller will provide such a program which will enable the
purchaser to derive income from the business opportunity
which exceeds the price paid for the business opportunity.
(2) "Person" includes an individual, corporation,
partnership, joint venture, or any business entity.
(3) "Seller" means a person who sells or leases a
business opportunity.
(4) "Purchaser" means a person who buys or leases a
business opportunity.
(5) "Director" means the director of financial institutions.
(6) "Guarantee" means an undertaking by the seller to
refund all or a portion of the purchase price paid for the
business opportunity. [1994 c 92 § 4; 1981 c 155 § 2.]
19.110.030 Sale or lease of business opportunity—
Offer to sell or lease business opportunity—Occurrence
in Washington. (1) An offer to sell or offer to lease a
business opportunity occurs in Washington when:
(a) The offer is made in Washington; or
(b) The purchaser resides in Washington at the time of
the offer and the business opportunity is or will be located,
in whole or in part, in the state of Washington; or
[Title 19 RCW—page 175]
19.110.030
Title 19 RCW: Business Regulations—Miscellaneous
(c) The offer originates from Washington; or
(d) The business opportunity is or will be, in whole or
in part, located in Washington.
(2) An offer does not occur in Washington if a seller
advertises only in a newspaper having more than two-thirds
of its circulation outside the state of Washington, or on a
radio or television program originating outside the state and
does not sell or lease business opportunities in Washington.
(3) A sale or lease of a business opportunity occurs in
Washington when:
(a) The sale or lease is made in Washington; or
(b) The purchaser resides in Washington at the time of
the sale or lease, and the business opportunity is or will be
located, in whole or in part, in Washington; or
(c) The business opportunity is or will be located in
Washington. [1981 c 155 § 3.]
19.110.040 Application of chapter. Nothing in this
chapter applies to:
(1) A radio station, television station, publisher, printer,
or distributor of a newspaper, magazine, billboard, or other
advertising medium which accepts advertising in good faith
without knowledge of its violation of any provision of this
chapter;
(2) A franchise subject to the provisions of chapter
19.100 RCW;
(3) A security subject to the provisions of chapter 21.20
RCW;
(4) A newspaper distribution system;
(5) The sale, lease, or transfer of a business opportunity
by a purchaser if the purchaser sells only one business
opportunity in any twelve-month period;
(6) The not-for-profit sale of sales demonstration
equipment, materials, or samples where the total cost does
not exceed five hundred dollars;
(7) A marketing program made in conjunction with
licensing of a registered trademark or service mark for which
no consideration is paid. Any consideration paid in conjunction with the purchase of goods at a bona fide wholesale
price does not constitute consideration under this subsection;
or
(8) A transaction regulated pursuant to chapter 18.85
RCW. [1981 c 155 § 4.]
19.110.050 Persons proposing to sell or lease
business opportunity—Registration required—
Application—Renewal—Denial, suspension, or revocation
of registration. (1) Any person who proposes to sell or
lease a business opportunity must register prior to advertising, soliciting, or making any offer, sale, or lease in this
state.
(2) Any person proposing to sell or lease a business
opportunity must apply for registration by filing with the
director:
(a) A copy of the disclosure document required by
RCW 19.110.070;
(b) An irrevocable consent to service of process;
(c) The prescribed registration fee; and
(d) Copies of all advertisements intended to be used in
connection with the offer and sale of the business opportunity.
[Title 19 RCW—page 176]
(3) If the application meets the requirements for
registration, the director shall issue a registration number to
the applicant. The applicant must include the number in
every advertisement in this state.
(4) Registration is effective for one year. An applicant
must renew registration annually unless the director extends
the duration of registration in order to stagger renewal
periods. The renewal application must contain:
(a) Any new information necessary to comply with the
disclosure requirements of RCW 19.110.070;
(b) The prescribed renewal fee; and
(c) Copies of any and all advertisements intended to be
used in connection with the offer and sale of the business
opportunity.
(5) The applicant must amend the registration whenever
there is any material change in the required information.
(6) The applicant must file copies of all advertisements
offering business opportunities seven days before their
intended use.
(7) The director may issue an order denying, suspending, or revoking any applicant’s registration if the director
finds that the order is in the public interest and that:
(a) The registration application is incomplete or contains
any statement which is false or misleading with respect to
any material fact; or
(b) Any provision of this chapter or any rule or order
lawfully imposed under this chapter has been violated; or
(c) The business opportunity includes or would include
activities which are illegal; or
(d) The business opportunity has worked or tended to
work a fraud on purchasers or would so operate.
(8) The director shall promptly notify the applicant of
any order denying, suspending, or revoking registration. The
applicant may request a hearing within fifteen days of
notification. If the applicant does not request a hearing, the
order remains in effect until the director modifies or vacates
it. The applicant shall be notified of the right to request a
hearing within fifteen days. [1981 c 155 § 5.]
19.110.060 Registration fees. The director shall
charge and collect the fees specified by this section. All
fees are nonrefundable and shall be deposited in the state
treasury.
(1) The registration fee is two hundred dollars.
(2) The renewal fee is one hundred twenty-five dollars.
(3) The amendment fee is thirty dollars. [1981 c 155 §
6.]
19.110.070 Disclosure document required—
Contents. The seller shall provide the purchaser a written
disclosure document at least forty-eight hours before the purchaser signs a business opportunity contract. The cover
sheet of the disclosure document shall be entitled: "DISCLOSURES REQUIRED BY THE STATE OF WASHINGTON." The following statement shall appear under the title:
"The state of Washington has not reviewed and does not
approve, recommend, endorse, or sponsor any business
opportunity. The information contained in this disclosure
has not been verified by the state. If you have any questions
about this investment, see an attorney before you sign a contract." The cover sheet shall contain only the required title
(2002 Ed.)
Business Opportunity Fraud Act
and statement, and both shall be in at least ten point type.
The disclosure document shall include at least the following
information:
(1) The official name, address, and principal place of
business of the seller and of any parent or affiliated company, or any predecessors;
(2) The names, addresses, and titles of the seller’s
officers, directors, trustees, general partners, general managers, principal executives, and any other persons responsible
for the seller’s business opportunity activities;
(3) A statement disclosing which, if any, of the persons
listed in subsections (1) or (2) of this section:
(a) Has, at any time during the previous ten years, been
convicted of a felony or pleaded nolo contendere to a felony
charge if the felony involved fraud (including violation of
any franchise or business opportunity law or unfair or
deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade;
(b) Has, at any time during the previous ten years, been
held liable in a civil action resulting in a final judgment or
has settled out of court any civil action or is a party to any
civil action involving allegations of fraud (including violation
of any franchise or business opportunity law or unfair or
deceptive practices law), embezzlement, fraudulent conversion, misappropriation of property, or restraint of trade, or
any civil action which was brought by a present or former
purchaser or purchasers and which involves or involved the
business opportunity;
(c) Is subject to any currently effective state or federal
agency or court injunctive or restrictive order, or is a party
to a proceeding currently pending in which such order is
sought, relating to or affecting business opportunities
activities or the business opportunity seller-purchaser relationship, or involving fraud (including violation of any
franchise or business opportunity law or unfair or deceptive
practices law), embezzlement, fraudulent conversion,
misappropriation of property, or restraint of trade.
The statement shall include the identity and location of
the court or agency, the date of conviction, judgment, or
decision, the penalty imposed, the damages assessed, the
terms of settlement or the terms of the order, and the date,
nature, terms, and conditions of each such order or ruling;
(4) A statement disclosing which, if any, of the persons
listed in subsections (1) and (2) of this section has, at any
time during the previous ten years:
(a) Filed in bankruptcy; or
(b) Been adjudged bankrupt; or
(c) Been reorganized due to insolvency; or
(d) Been a principal, director, executive officer, or
partner of any other person who has filed in bankruptcy,
been adjudged bankrupt, or been reorganized due to insolvency;
(5) A statement of when, where, and how long the seller
has:
(a) Offered, sold, or leased business opportunity plans;
and
(b) Offered, sold, or leased the specific business
opportunity plan offered to the purchaser; and
(c) Operated a business of the type offered to the
purchaser;
(6) A statement disclosing:
(2002 Ed.)
19.110.070
(a) The total number of business opportunities which the
seller has sold or leased; and
(b) The number of failures of business opportunities
which the seller has sold or leased;
(7) The terms and conditions of payment, including the
initial payment, downpayment, and any additional or
recurring payments;
(8) A copy of any statement concerning estimated or
projected sales or earnings, the data on which the estimations
or projections are based, and an explanation of the extent to
which the data relates to the actual operations of the business
opportunity offered to the purchaser;
(9) A copy of the bond or written notice of the depository, the name of the trustee, and account number of the
trust account, if the seller is required by RCW 19.110.100 to
establish either a bond or trust account;
(10) A copy of the seller’s current (not more than three
months old) financial statement and any amendments
necessary to reflect material changes in the seller’s financial
condition;
(11) An unexecuted copy of any business opportunity
contract or agreement which the purchaser may be required
to sign;
(12) Any additional information which the director
requires by rule or order. [1981 c 155 § 7.]
19.110.080 Disclosure document—Director authorized to accept alternative. The director may, by rule or
order:
(1) Accept any disclosure document filed with agencies
of the United States or any other state; or
(2) Accept any disclosure document compiled in
accordance with any rule or regulation of any agency of the
United States or any other state; or
(3) Waive disclosure of information which is inapplicable or unnecessary for protection of purchasers. [1981 c 155
§ 8.]
19.110.090 Persons proposing to sell or lease
business opportunity—Service of process. Every person
who proposes to sell or lease a business opportunity in this
state through any person acting on an agency basis in the
common law sense shall file with the director, in such form
as the director by rule prescribes, an irrevocable consent
appointing the director or the director’s successor in office
to be the attorney of the applicant to receive service of any
lawful process in any noncriminal suit, action, or proceeding
against the applicant or the applicant’s successor, executor,
or administrator which arises under this chapter or any rule
or order hereunder after the consent has been filed, with the
same force and validity as if served personally on the person
filing the consent. A person who has filed a consent in
connection with a previous registration need not file another.
Service may be made by leaving a copy of the process in the
office of the director, but it is not effective unless (1) the
plaintiff, who may be the director in a suit, action, or
proceeding instituted by him or her, forthwith sends notice
of the service and a copy of the process by registered mail
to the defendant or respondent at the last address of the
respondent or defendant on file with the director, and (2) the
plaintiff’s affidavit of compliance with this section is filed in
[Title 19 RCW—page 177]
19.110.090
Title 19 RCW: Business Regulations—Miscellaneous
the case on or before the return day of the process, if any,
or within such further time as the court allows. [1981 c 155
§ 9.]
19.110.100 Seller to provide surety bond or trust
account—Action by state or injured person—Damages.
(1) If the seller makes any guarantee described in RCW
19.110.020(1)(c), the seller shall have a surety bond issued
by a surety company authorized to do business in Washington or a trust account with a licensed and insured bank or
savings institution located in the state of Washington. The
trustee shall be acceptable to the director. The bond or the
trust account shall be at least fifty thousand dollars. The
director may, by rule or order, establish procedures for the
initiation, operation, or termination of any bond or trust
account required under this section.
(2) The bond or trust account shall be in the name of
the state of Washington. It shall be for the benefit of the
state and any person injured by any violation of this chapter,
or by the seller’s breach of any business opportunity contract
or obligation arising from a business opportunity contract.
The state may bring an action against the bond or trust
account to recover penalties. The state or an injured person
may bring an action against the bond or trust account for
damages to the injured person. The liability of the surety or
trustee shall be only for actual damages and shall not exceed
the amount of the bond or trust account. [1981 c 155 § 10.]
19.110.110 Business opportunity contract—
Content—Cancellation period. (1) Every business opportunity contract shall be in writing and shall be dated and
signed by the purchaser.
(2) The seller shall provide the purchaser with a copy of
the completed contract at the time the purchaser signs the
contract.
(3) The seller may not receive any consideration before
the purchaser signs a business opportunity contract.
(4) The contract shall include the following notifications, in ten point type, immediately above the space for the
purchaser’s signature:
(a) "Do not sign this contract if any of the spaces for
agreed terms are blank."
(b) "Do not sign this contract unless you received a
written disclosure document from the seller at least fortyeight hours before signing."
(c) "You are entitled to a copy of this contract at the
time you sign it."
(d) "You have seven days exclusive of Saturday,
Sunday, and holidays to cancel this contract for any reason
by sending written notice to the seller by certified mail,
return receipt requested. Notice of cancellation should be
mailed to:
......................................
(seller’s name and business street address)
The notice must be postmarked before midnight of the
seventh day exclusive of Saturday, Sunday, and holidays
after you sign the contract.
The seller shall return all deposits and payments within
ten days after receipt of your cancellation notice.
[Title 19 RCW—page 178]
You must make available to the seller all equipment,
products, and supplies provided by the seller within ten days
after receipt of all refunded deposits and payments." [1981
c 155 § 11.]
19.110.120 Unlawful acts. It is unlawful for any
person:
(1) To make any untrue or misleading statement of a
material fact or to omit to state a material fact in connection
with the offer, sale, or lease of any business opportunity in
the state; or
(2) To employ any device, scheme, or artifice to
defraud; or
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
any person; or
(4) To knowingly file or cause to be filed with the
director any document which contains any untrue or misleading information; or
(5) To knowingly violate any rule or order of the
director. [1981 c 155 § 12.]
19.110.130 Liability of seller for violation of
chapter—Remedies—Damages. Any seller who violates
any provision of this chapter is liable to the purchaser. The
purchaser may sue for actual damages, or an injunction, or
rescission, or other relief.
In addition, the purchaser may sue for costs of suit,
including a reasonable attorney’s fee. The court may
increase the amount of damages awarded up to three times
the amount of actual damages. [1981 c 155 § 13.]
19.110.140 Director authorized to investigate
violations—Authority to subpoena witnesses or require
production of documents. The director may make public
or private investigations within or outside the state of
Washington to determine whether any person has violated or
is about to violate any provision of this chapter or any rule
or order issued under this chapter. The director, or any
officer designated by the director, may administer oaths and
affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any
books, papers, correspondence, memoranda, agreements, or
other documents or records which the director deems
relevant to the inquiry.
If any person fails to comply with a lawful subpoena, or
refuses to testify under lawful interrogation, or refuses to
produce documents and records, the director may apply to
the superior court of any county for relief. After satisfactory
evidence of wilful disobedience, the court may compel
obedience by proceedings for contempt. [1981 c 155 § 14.]
19.110.150 Order to cease and desist—Hearing—
Notice. (1) The director may order any person to cease and
desist from an act or practice if it appears that the person is
violating or is about to violate any provision of this chapter
or any rule or order issued under this chapter.
(2) Reasonable notice of and opportunity for a hearing
shall be given. The director may issue a temporary order to
cease and desist pending the hearing. The temporary order
shall remain in effect until ten days after the hearing. If a
(2002 Ed.)
Business Opportunity Fraud Act
person does not request a hearing within fifteen days of
receiving an order to cease and desist, the order becomes
final. Any person who is named in the order to cease and
desist shall be notified of the right to request a hearing
within fifteen days. [1981 c 155 § 15.]
19.110.160 Actions by attorney general or prosecuting attorney to enjoin violations—Injunction—
Appointment of receiver or conservator—Civil and
criminal penalties. (1)(a) The attorney general, in the name
of the state or the director, or the proper prosecuting attorney
may bring an action to enjoin any person from violating any
provision of this chapter. Upon proper showing, the superior
court shall grant a permanent or temporary injunction,
restraining order, or writ of mandamus.
The court may make such additional orders or judgments as may be necessary to restore to any person in
interest and money or property, real or personal, which may
have been acquired by means of an act prohibited or
declared unlawful by this chapter.
The prevailing party may recover costs of the action,
including a reasonable attorney’s fee.
(b) The superior court issuing an injunction shall retain
jurisdiction. Any person who violates the terms of an
injunction shall pay a civil penalty of not more than twentyfive thousand dollars.
(2) The attorney general, in the name of the state or the
director, or the proper prosecuting attorney may apply to the
superior court to appoint a receiver or conservator for any
person, or the assets of any person, who is subject to a cease
and desist order, permanent or temporary injunction, restraining order, or writ of mandamus.
(3) Any person who violates any provision of this
chapter except as provided in subsection (1)(b) of this
section, is subject to a civil penalty not to exceed two
thousand dollars for each violation. Civil penalties authorized by this subsection may be imposed in any civil action
brought by the attorney general or proper prosecuting
attorney under this chapter and shall be deposited in the state
treasury. Any action for recovery of such civil penalty shall
be commenced within five years.
(4) Any person who violates RCW 19.110.050 or
19.110.070 is guilty of a gross misdemeanor. Any person
who knowingly violates RCW 19.110.050 or 19.110.070 is
guilty of a class B felony. Any violation of RCW
19.110.120 is a class B felony. No indictment or information for a felony may be returned under this chapter more
than five years after the alleged violation.
(5) The director may refer evidence concerning violations of this chapter to the attorney general or proper
prosecuting attorney. The prosecuting attorney, or the
attorney general pursuant to authority granted by RCW
10.01.190, 43.10.230, 43.10.232, and 43.10.234 may, with or
without such reference, institute appropriate criminal proceedings. [1981 c 155 § 16.]
19.110.170 Violations constitute unfair practice.
Any violation of this chapter is declared to be an unfair act
or practice or unfair method of competition in the conduct of
trade or commerce for the purpose of application of the
(2002 Ed.)
19.110.150
Consumer Protection Act, chapter 19.86 RCW. [1981 c 155
§ 20.]
19.110.180 Authority of director to issue rules,
forms, orders, interpretive opinions. The director may
make, amend, and repeal rules, forms, and orders as necessary to carry out the provisions of this chapter. The director
may honor requests for interpretive opinions. [1981 c 155
§ 17.]
19.110.190 Appointment of administrator—
Delegation of powers. The director shall appoint a competent person to administer this chapter. The director shall
delegate to an administrator such powers, subject to the
authority of the director, as may be necessary to carry out
the provisions of this chapter. The administrator will hold
office at the pleasure of the director. [1981 c 155 § 18.]
19.110.900 Chapter cumulative and nonexclusive.
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[1981 c 155 § 19.]
19.110.910 Short title. This chapter may be known
and cited as the Business Opportunity Fraud Act. [1981 c
155 § 22.]
19.110.920 Severability—1981 c 155. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 c 155 § 21.]
19.110.930 Effective date—1981 c 155. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1981. [1981 c 155 § 25.]
Chapter 19.112
MOTOR FUEL QUALITY ACT
Sections
19.112.005
19.112.010
19.112.020
19.112.030
19.112.040
19.112.050
19.112.060
19.112.070
19.112.080
19.112.090
19.112.100
19.112.900
19.112.901
19.112.902
Purpose.
Definitions.
Administration of chapter—Standards—Testing laboratory.
Director’s authority.
Motor fuel registration.
Unlawful acts.
Penalties.
Injunctive relief.
Chapter in addition to chapter 19.94 RCW.
Air pollution reduction—Variances from ASTM.
Methyl tertiary-butyl ether.
Short title.
Severability—1990 c 102.
Effective date—1990 c 102.
19.112.005 Purpose. It is desired that there should be
uniformity among the requirements of the several states.
This chapter provides for the establishment of quality
specifications for all liquid motor fuels, except aviation fuel,
[Title 19 RCW—page 179]
19.112.005
Title 19 RCW: Business Regulations—Miscellaneous
marine fuel, and liquefied petroleum gases, and establishes
a sampling, testing, and enforcement program. [1990 c 102
§ 1.]
19.112.010 Definitions. As used in this chapter:
(1) "Motor fuel" means any liquid product used for the
generation of power in an internal combustion engine used
for the propulsion of a motor vehicle upon the highways of
this state. Motor fuels containing ethanol may be marketed
if either (a) the base motor fuel meets the applicable standards before the addition of the ethanol or (b) the resultant
blend meets the applicable standards after the addition of the
ethanol.
(2) "Director" means the director of agriculture. [1991
c 145 § 1; 1990 c 102 § 2.]
19.112.020 Administration of chapter—Standards—
Testing laboratory. This chapter shall be administered by
the director or his or her authorized agent. For the purpose
of administering this chapter, the standards set forth in the
Annual Book of ASTM Standards and supplements thereto,
and revisions thereof, are adopted, together with applicable
federal environmental protection agency standards. If a
conflict exists between federal environmental protection
agency standards, ASTM standards, or state standards, for
purposes of uniformity, federal environmental protection
agency standards shall take precedence over ASTM standards. Any state standards adopted must be consistent with
federal environmental protection agency standards and
ASTM standards not in conflict with federal environmental
protection agency standards.
The director may establish a testing laboratory. The
director may also adopt rules on false and misleading
advertising, labeling and posting of prices, and the standards
for, and identity of, motor fuels. [1990 c 102 § 3.]
19.112.030 Director’s authority. The director may:
(1) Enforce and administer this chapter by inspections,
analyses, and other appropriate actions;
(2) Have access during normal business hours to all
places where motor fuels are marketed for the purpose of
examination, inspection, taking of samples, and investigation.
If access is refused by the owner or agent or other persons
leasing the same, the director or his or her agent may obtain
an administrative search warrant from a court of competent
jurisdiction;
(3) Collect or cause to be collected, samples of motor
fuels marketed in this state, and cause such samples to be
tested or analyzed for compliance with this chapter;
(4) Issue a stop-sale order for any motor fuel found not
to be in compliance and rescind the stop-sale order if the
motor fuel is brought into compliance with this chapter;
(5) Refuse, revoke, or suspend the registration of a
motor fuel;
(6) Delegate to authorized agents any of the responsibilities for the proper administration of this chapter;
(7) Establish a motor fuel testing laboratory. [1990 c
102 § 4.]
19.112.040 Motor fuel registration. All motor fuel
shall be registered by the name, brand, or trademark under
[Title 19 RCW—page 180]
which it will be sold at the terminal. Registration shall
include:
(1) The name and address of the person registering the
motor fuel;
(2) The antiknock index or cetane number, as appropriate, at which the motor fuel is to be marketed;
(3) A certification, declaration, or affidavit that each
individual grade or type of motor fuel shall conform to this
chapter. [1990 c 102 § 5.]
19.112.050 Unlawful acts. It is unlawful to:
(1) Market motor fuels in any manner that may deceive
or tend to deceive the purchaser as to the nature, price,
quantity, and quality of a motor fuel;
(2) Fail to register a motor fuel;
(3) Submit incorrect, misleading, or false information
regarding the registration of a motor fuel;
(4) Hinder or obstruct the director, or his or her authorized agent, in the performance of his or her duties;
(5) Market a motor fuel that is contrary to this chapter.
[1990 c 102 § 6.]
19.112.060 Penalties. Any person who knowingly
violates any provision of this chapter or rules adopted under
it is guilty of a misdemeanor and, upon conviction, shall be
punished by a fine of not more than one thousand dollars or
imprisonment for not more than one year, or both. The
director shall assess a civil penalty ranging from one
hundred dollars to ten thousand dollars per occurrence,
giving due consideration to the appropriateness of the
penalty with respect to the gravity of the violation, and the
history of previous violations. Civil penalties collected
under this chapter shall be deposited into the motor vehicle
fund. [1990 c 102 § 7.]
19.112.070 Injunctive relief. The director may apply
to any court of competent jurisdiction for a temporary or
permanent injunction restraining any person from violating
any provision of this chapter. [1990 c 102 § 8.]
19.112.080 Chapter in addition to chapter 19.94
RCW. This chapter is in addition to any requirements under
chapter 19.94 RCW. [1990 c 102 § 9.]
19.112.090 Air pollution reduction—Variances from
ASTM. The directors of the departments of ecology and
agriculture may grant a variance from ASTM motor fuel
specifications if necessary to produce lower emission motor
fuels. [1991 c 199 s 231.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
19.112.100 Methyl tertiary-butyl ether. Methyl
tertiary-butyl ether may not be intentionally added to any
gasoline, motor fuel, or clean fuel produced for sale or use
in the state of Washington after December 31, 2003, and in
no event may methyl tertiary-butyl ether be knowingly
mixed in gasoline above six-tenths of one percent by
volume. [2001 c 218 § 1.]
(2002 Ed.)
Motor Fuel Quality Act
19.112.900 Short title. RCW 19.112.005 through
19.112.080 shall constitute a new chapter in Title 19 RCW
and may be cited as the motor fuel quality act. [1990 c 102
§ 11.]
19.112.901 Severability—1990 c 102. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 c 102 § 10.]
19.112.902 Effective date—1990 c 102. This act
shall take effect on July 1, 1990. [1990 c 102 § 12.]
Chapter 19.116
MOTOR VEHICLE SUBLEASING OR TRANSFER
Sections
19.116.005
19.116.010
19.116.020
19.116.030
19.116.040
19.116.050
19.116.060
19.116.070
19.116.080
19.116.090
19.116.100
19.116.110
19.116.120
19.116.900
Finding.
Public interest—Finding.
Definitions.
Application of consumer protection act.
Violations of chapter.
Unlawful transfer of motor vehicle—Conditions.
Unlawful subleasing of motor vehicle—Conditions.
Nonparties assisting, causing, or arranging unlawful assignment or transfer.
Unlawful subleasing or transfer—Class C felony.
Violations—Criminal profiteering.
Persons who may bring action—Damages.
Transfer or assignment of interest by persons with motor
vehicles under lease contract or security agreement not
subject to prosecution—Enforceability of contract or
agreement not affected.
Penalties in addition to other remedies or penalties.
Severability—1990 c 44.
19.116.005 Finding. The legislature finds that the
practices of unlawful subleasing or unlawful transfer of an
ownership interest in motor vehicles have a substantial
negative impact on the state’s financial institutions and other
businesses engaged in the financing and leasing of motor
vehicles. [1990 c 44 § 1.]
19.116.010 Public interest—Finding. The legislature
finds that the practice of unlawful subleasing or unlawful
transfer of an ownership interest in motor vehicles is a
matter vitally affecting the public interest for the purpose of
applying the consumer protection act, chapter 19.86 RCW.
[1990 c 44 § 2.]
19.116.020 Definitions. The definitions set forth in
this section apply throughout this chapter, unless the context
requires otherwise:
(1) "Debtor" has the meaning set forth in *RCW
62A.9-105(1)(d).
(2) "Motor vehicle" means a vehicle required to be
registered under chapter 46.16 RCW.
(3) "Person" means an individual, company, firm,
association, partnership, trust, corporation, or other legal
entity.
(4) "Security agreement" has the meaning set forth in
*RCW 62A.9-105(1)(l).
(2002 Ed.)
19.112.900
(5) "Security interest" has the meaning set forth in RCW
62A.1-201(37).
(6) "Secured party" has the meaning set forth in *RCW
62A.9-105(1)(m). [1990 c 44 § 3.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
19.116.030 Application of consumer protection act.
Unlawful subleasing or unlawful transfer of an ownership
interest in motor vehicles is not reasonable in relation to the
development and preservation of business. A violation of
this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the consumer protection
act, chapter 19.86 RCW. [2000 c 171 § 70; 1990 c 44 § 4.]
19.116.040 Violations of chapter. (1) It is a violation
of this chapter for a vehicle dealer, as defined in RCW
46.70.011(3), to engage in the unlawful transfer of an
ownership interest in motor vehicles.
(2) It is a violation of this chapter for a person to
engage in the unlawful subleasing of motor vehicles. [1990
c 44 § 5.]
19.116.050 Unlawful transfer of motor vehicle—
Conditions. A dealer engages in an act of unlawful transfer
of ownership interest in motor vehicles when all of the
following circumstances are met:
(1) The dealer does not pay off any balance due to the
secured party on a vehicle acquired by the dealer, no later
than the close of the second business day after the acquisition date of the vehicle; and
(2) The dealer does not obtain a certificate of ownership
under RCW 46.70.124 for each used vehicle kept in his or
her possession unless that certificate is in the possession of
the person holding a security interest in the dealer’s inventory; and
(3) The dealer does not transfer the certificate of
ownership after the transferee has taken possession of the
motor vehicle. [2000 c 171 § 71; 1990 c 44 § 6.]
19.116.060 Unlawful subleasing of motor vehicle—
Conditions. A person engages in an act of unlawful
subleasing of a motor vehicle if all of the following conditions are met:
(1) The motor vehicle is subject to a lease contract or
security agreement the terms of which prohibit the transfer
or assignment of any right or interest in the motor vehicle or
under the lease contract or security agreement; and
(2) The person is not a party to the lease contract or
security agreement; and
(3) The person transfers or assigns or purports to
transfer or assign any right or interest in the motor vehicle
or under the lease contract or security agreement to any
person who is not a party to the lease contract or security
agreement; and
(4) The person does not obtain, before the transfer or
assignment described in subsection (3) of this section,
written consent to the transfer or assignment from the motor
vehicle lessor in connection with a lease contract or from the
secured party in connection with a security agreement; and
[Title 19 RCW—page 181]
19.116.060
Title 19 RCW: Business Regulations—Miscellaneous
(5) The person receives compensation or some other
consideration for the transfer or assignment described in
subsection (3) of this section. [1990 c 44 § 7.]
(2) This chapter does not affect the enforceability of any
provision of a lease contract or security agreement by a party
thereto. [1990 c 44 § 12.]
19.116.070 Nonparties assisting, causing, or arranging unlawful assignment or transfer. (1) A person
engages in an act of unlawful subleasing of a motor vehicle
when the person is not a party to the lease contract or
security agreement, and assists, causes, or arranges an actual
or purported assignment as described in RCW 19.116.060.
(2) A dealer engages in an act of unlawful transfer of an
ownership interest in a motor vehicle when the dealer is not
a party to the security agreement, and assists, causes, or
arranges an actual or purported transfer as described in RCW
19.116.050. [1990 c 44 § 8.]
19.116.120 Penalties in addition to other remedies
or penalties. The penalties under this chapter are in
addition to any other remedies or penalties provided by law
for the conduct proscribed by this chapter. [1990 c 44 § 13.]
19.116.080 Unlawful subleasing or transfer—Class
C felony. Unlawful subleasing or unlawful transfer of an
ownership interest in a motor vehicle is a class C felony
punishable under chapter 9A.20 RCW. [1990 c 44 § 9.]
Chapter 19.118
MOTOR VEHICLE WARRANTIES
19.116.090 Violations—Criminal profiteering. A
violation of this chapter constitutes an act of criminal
profiteering, as defined in RCW 9A.82.010. [1990 c 44 §
10.]
19.116.100 Persons who may bring action—
Damages. (1) Any one or more of the following persons
who suffers damage proximately resulting from one or more
acts of unlawful motor vehicle subleasing or unlawful
transfer of an ownership interest in a motor vehicle may
bring an action against the person who has engaged in those
acts:
(a) A secured party;
(b) A debtor;
(c) A lessor;
(d) A lessee;
(e) An actual or purported transferee or assignee;
(f) A guarantor of a lease or security agreement or a
guarantor of a purported transferee or assignee.
(2) In an action for unlawful subleasing or unlawful
transfer of an ownership interest in a motor vehicle the court
may award actual damages; equitable relief, including, but
not limited to an injunction and restitution of money and
property; reasonable attorneys’ fees and costs; and any other
relief that the court deems proper. [1990 c 44 § 11.]
19.116.110 Transfer or assignment of interest by
persons with motor vehicles under lease contract or
security agreement not subject to prosecution—
Enforceability of contract or agreement not affected. (1)
The actual or purported transfer or assignment, or the
assisting, causing, or arranging of an actual or purported
transfer or assignment, of any right or interest in a motor
vehicle or under a lease contract or security agreement, by
an individual who is a party to the lease contract or security
agreement is not an act of unlawful subleasing of or unlawful transfer of an ownership interest in a motor vehicle and
is not subject to prosecution.
[Title 19 RCW—page 182]
19.116.900 Severability—1990 c 44. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1990 c 44 § 15.]
Sections
19.118.005 Legislative intent.
19.118.010 Motor vehicle manufacturers—Express warranties—Service
and repair facilities.
19.118.021 Definitions.
19.118.031 Manufacturers and new motor vehicle dealers—
Responsibilities to consumers—Extension of warranty
period.
19.118.041 Replacement or repurchase of nonconforming new motor
vehicle—Reasonable number of attempts—Notice by
consumer regarding motor home nonconformity—
Liabilities and rights of parties—Application of consumer protection act.
19.118.061 Vehicle with nonconformities or out of service—Notification
of correction—Resale or transfer of title—Issuance of
new title—Disclosure to buyer—Intervening transferor.
19.118.070 Remedies.
19.118.080 New motor vehicle arbitration boards—Board proceedings—
Prerequisite to filing action in superior court.
19.118.090 Request for arbitration—Eligibility—Rejection—
Manufacturer’s response—Remedies—Defenses—
Acceptance or appeal.
19.118.095 Arbitration decision—Compliance—Accomplishment—
Dispute—Failure—Fine—Costs—Attorneys’ fees.
19.118.100 Trial de novo—Posting security—Recovery.
19.118.110 Arbitration fee—New motor vehicle arbitration account—
Report by attorney general.
19.118.120 Application of consumer protection act.
19.118.130 Waivers, limitations, disclaimers—Void.
19.118.140 Other rights and remedies not precluded.
19.118.150 Informal dispute resolution settlement procedure.
19.118.160 New motor vehicle arbitration boards—When established by
attorney general—Membership—Travel expenses and
compensation.
19.118.170 History of vehicle—Availability to owner.
19.118.900 Effective dates—1987 c 344.
19.118.902 Severability—1987 c 344.
19.118.903 Severability—1989 c 347.
19.118.904 Effective date—1989 c 347.
19.118.005 Legislative intent. The legislature
recognizes that a new motor vehicle is a major consumer
purchase and that a defective motor vehicle is likely to
create hardship for, or may cause injury to, the consumer.
The legislature further recognizes that good cooperation and
communication between a manufacturer and a new motor
vehicle dealer will considerably increase the likelihood that
a new motor vehicle will be repaired within a reasonable
number of attempts. It is the intent of the legislature to
(2002 Ed.)
Motor Vehicle Warranties
ensure that the consumer is made aware of his or her rights
under this chapter and is not refused information, documents,
or service that would otherwise obstruct the exercise of his
or her rights.
In enacting these comprehensive measures, it is the
intent of the legislature to create the proper blend of private
and public remedies necessary to enforce this chapter, such
that a manufacturer will be sufficiently induced to take
necessary steps to improve quality control at the time of
production or provide better warranty service for the new
motor vehicles that it sells in this state. [1987 c 344 § 1.]
19.118.010 Motor vehicle manufacturers—Express
warranties—Service and repair facilities. Every manufacturer of motor vehicles sold in this state and for which the
manufacturer has made an express warranty shall maintain
in this state sufficient service and repair facilities reasonably
close to all areas in which its motor vehicles are sold to
carry out the terms of the warranties or designate and
authorize in this state as service and repair facilities independent repair or service facilities reasonably close to all
areas in which its motor vehicles are sold to carry out the
terms of the warranties. As a means of complying with this
section, a manufacturer may enter into warranty service
contracts with independent service and repair facilities.
[1983 c 240 § 1.]
19.118.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Board" means new motor vehicle arbitration board.
(2) "Collateral charges" means any sales or lease related
charges including but not limited to sales tax, use tax,
arbitration service fees, unused license fees, unused registration fees, unused title fees, finance charges, prepayment
penalties, credit disability and credit life insurance costs not
otherwise refundable, any other insurance costs prorated for
time out of service, transportation charges, dealer preparation
charges, or any other charges for service contracts, undercoating, rustproofing, or factory or dealer installed options.
(3) "Condition" means a general problem that results
from a defect or malfunction of one or more parts, or their
improper installation by the manufacturer, its agents, or the
new motor vehicle dealer.
(4) "Consumer" means any person who has entered into
an agreement or contract for the transfer, lease, or purchase
of a new motor vehicle, other than for purposes of resale or
sublease, during the duration of the warranty period defined
under this section.
(5) "Court" means the superior court in the county
where the consumer resides, except if the consumer does not
reside in this state, then the superior court in the county
where an arbitration hearing or determination was conducted
or made pursuant to this chapter.
(6) "Incidental costs" means any reasonable expenses
incurred by the consumer in connection with the repair of
the new motor vehicle, including any towing charges and the
costs of obtaining alternative transportation.
(7) "Manufacturer" means any person engaged in the
business of constructing or assembling new motor vehicles
or engaged in the business of importing new motor vehicles
(2002 Ed.)
19.118.005
into the United States for the purpose of selling or distributing new motor vehicles to new motor vehicle dealers.
"Manufacturer" does not include any person engaged in the
business of set-up of motorcycles as an agent of a new
motor vehicle dealer if the person does not otherwise
construct or assemble motorcycles.
(8) "Motorcycle" means any motorcycle as defined in
RCW 46.04.330 which has an engine displacement of at
least seven hundred fifty cubic centimeters.
(9) "Motor home" means a vehicular unit designed to
provide temporary living quarters for recreational, camping,
or travel use, built on or permanently attached to a selfpropelled motor vehicle chassis or on a chassis cab or van
that is an integral part of the completed vehicle.
(10) "Motor home manufacturer" means the first stage
manufacturer, the component manufacturer, and the final
stage manufacturer.
(a) "First stage manufacturer" means a person who
manufactures incomplete new motor vehicles such as chassis,
chassis cabs, or vans, that are directly warranted by the first
stage manufacturer to the consumer, and are completed by
a final stage manufacturer into a motor home.
(b) "Component manufacturer" means a person who
manufactures components used in the manufacture or
assembly of a chassis, chassis cab, or van that is completed
into a motor home and whose components are directly
warranted by the component manufacturer to the consumer.
(c) "Final stage manufacturer" means a person who
assembles, installs, or permanently affixes a body, cab, or
equipment to an incomplete new motor vehicle such as a
chassis, chassis cab, or van provided by a first stage manufacturer, to complete the vehicle into a motor home.
(11) "New motor vehicle" means any new self-propelled
vehicle, including a new motorcycle, primarily designed for
the transportation of persons or property over the public
highways that was originally purchased or leased at retail
from a new motor vehicle dealer or leasing company in this
state, and that was initially registered in this state or for
which a temporary motor vehicle license was issued pursuant
to RCW 46.16.460, but does not include vehicles purchased
or leased by a business as part of a fleet of ten or more
vehicles at one time or under a single purchase or lease
agreement. If the motor vehicle is a motor home, this chapter shall apply to the self-propelled vehicle and chassis, but
does not include those portions of the vehicle designated,
used, or maintained primarily as a mobile dwelling, office,
or commercial space. The term "new motor vehicle" does
not include trucks with nineteen thousand pounds or more
gross vehicle weight rating. The term "new motor vehicle"
includes a demonstrator or lease-purchase vehicle as long as
a manufacturer’s warranty was issued as a condition of sale.
(12) "New motor vehicle dealer" means a person who
holds a dealer agreement with a manufacturer for the sale of
new motor vehicles, who is engaged in the business of
purchasing, selling, servicing, exchanging, or dealing in new
motor vehicles, and who is licensed or required to be
licensed as a vehicle dealer by the state of Washington.
(13) "Nonconformity" means a defect, serious safety
defect, or condition that substantially impairs the use, value,
or safety of a new motor vehicle, but does not include a
defect or condition that is the result of abuse, neglect, or
[Title 19 RCW—page 183]
19.118.021
Title 19 RCW: Business Regulations—Miscellaneous
unauthorized modification or alteration of the new motor
vehicle.
(14) "Purchase price" means the cash price of the new
motor vehicle appearing in the sales agreement or contract.
(a) "Purchase price" in the instance of a lease means the
actual written capitalized cost disclosed to the consumer
contained in the lease agreement. If there is no disclosed
capitalized cost in the lease agreement the "purchase price"
is the manufacturer’s suggested retail price including manufacturer installed accessories or items of optional equipment
displayed on the manufacturer label, required by 15 U.S.C.
Sec. 1232.
(b) "Purchase price" in the instance of both a vehicle
purchase or lease agreement includes any allowance for a
trade-in vehicle but does not include any manufacturer-toconsumer rebate appearing in the agreement or contract that
the consumer received or that was applied to reduce the
purchase or lease cost.
Where the consumer is a subsequent transferee and the
consumer selects repurchase of the motor vehicle, "purchase
price" means the consumer’s subsequent purchase price.
Where the consumer is a subsequent transferee and the consumer selects replacement of the motor vehicle, "purchase
price" means the original purchase price.
(15) "Reasonable offset for use" means the definition
provided in RCW 19.118.041(1)(c) for a new motor vehicle
other than a new motorcycle. The reasonable offset for use
for a new motorcycle shall be computed by the number of
miles that the vehicle traveled before the manufacturer’s
acceptance of the vehicle upon repurchase or replacement
multiplied by the purchase price, and divided by twenty-five
thousand.
(16) "Reasonable number of attempts" means the
definition provided in RCW 19.118.041.
(17) "Replacement motor vehicle" means a new motor
vehicle that is identical or reasonably equivalent to the motor
vehicle to be replaced, as the motor vehicle to be replaced
existed at the time of original purchase or lease, including
any service contract, undercoating, rustproofing, and factory
or dealer installed options.
(18) "Serious safety defect" means a life-threatening
malfunction or nonconformity that impedes the consumer’s
ability to control or operate the new motor vehicle for
ordinary use or reasonable intended purposes or creates a
risk of fire or explosion.
(19) "Subsequent transferee" means a consumer who
acquires a motor vehicle, within the warranty period, as
defined in this section, with an applicable manufacturer’s
written warranty and where the vehicle otherwise met the
definition of a new motor vehicle at the time of original
retail sale or lease.
(20) "Substantially impair" means to render the new
motor vehicle unreliable, or unsafe for ordinary use, or to
diminish the resale value of the new motor vehicle below the
average resale value for comparable motor vehicles.
(21) "Warranty" means any implied warranty, any
written warranty of the manufacturer, or any affirmation of
fact or promise made by the manufacturer in connection with
the sale of a new motor vehicle that becomes part of the
basis of the bargain. The term "warranty" pertains to the
obligations of the manufacturer in relation to materials,
workmanship, and fitness of a new motor vehicle for
[Title 19 RCW—page 184]
ordinary use or reasonably intended purposes throughout the
duration of the warranty period as defined under this section.
(22) "Warranty period" means the period ending two
years after the date of the original delivery to the consumer
of a new motor vehicle, or the first twenty-four thousand
miles of operation, whichever occurs first. [1998 c 298 § 2;
1995 c 254 § 1; 1990 c 239 § 1; 1989 c 347 § 1; 1987 c 344
§ 2.]
Severability—1998 c 298: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 298 § 7.]
Effective date—1995 c 254: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 5, 1995]." [1995 c 254 § 11.]
Severability—1995 c 254: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 254 § 12.]
19.118.031 Manufacturers and new motor vehicle
dealers—Responsibilities to consumers—Extension of
warranty period. (1) The manufacturer shall publish an
owner’s manual and provide it to the new motor vehicle
dealer or leasing company. The owner’s manual shall
include a list of the addresses and phone numbers for the
manufacturer’s customer assistance division, or zone or
regional offices. A manufacturer shall provide to the new
motor vehicle dealer or leasing company all applicable
manufacturer’s written warranties. The dealer or leasing
company shall transfer to the consumer, at the time of
original retail sale or lease, the owner’s manual and applicable written warranties as provided by a manufacturer.
(2) At the time of purchase, the new motor vehicle
dealer shall provide the consumer with a written statement
that explains the consumer’s rights under this chapter. The
written statement shall be prepared and supplied by the
attorney general and shall contain a toll-free number that the
consumer can contact for information regarding the procedures and remedies under this chapter.
(3) For the purposes of this chapter, if a new motor
vehicle does not conform to the warranty and the consumer
reports the nonconformity during the term of the warranty
period or the period of coverage of the applicable
manufacturer’s written warranty, whichever is less, to the
manufacturer, its agent, or the new motor vehicle dealer who
sold the new motor vehicle, the manufacturer, its agent, or
the new motor vehicle dealer shall make repairs as are
necessary to conform the vehicle to the warranty, regardless
of whether such repairs are made after the expiration of the
warranty period. Any corrections or attempted repairs
undertaken by a new motor vehicle dealer under this chapter
shall be treated as warranty work and billed by the dealer to
the manufacturer in the same manner as other work under
the manufacturer’s written warranty is billed. For purposes
of this subsection, the manufacturer’s written warranty shall
be at least one year after the date of the original delivery to
the consumer of the vehicle or the first twelve thousand
miles of operation, whichever occurs first.
(4) Upon request from the consumer, the manufacturer
or new motor vehicle dealer shall provide a copy of any
report or computer reading compiled by the manufacturer’s
(2002 Ed.)
Motor Vehicle Warranties
field or zone representative regarding inspection, diagnosis,
or test-drive of the consumer’s new motor vehicle, or shall
provide a copy of any technical service bulletin issued by the
manufacturer regarding the year and model of the
consumer’s new motor vehicle as it pertains to any material,
feature, component, or the performance thereof.
(5) The new motor vehicle dealer shall provide to the
consumer each time the consumer’s vehicle is returned from
being diagnosed or repaired under the warranty, a fully
itemized, legible statement or repair order indicating any
diagnosis made, and all work performed on the vehicle
including but not limited to, a general description of the
problem reported by the consumer or an identification of the
defect or condition, parts and labor, the date and the odometer reading when the vehicle was submitted for repair, and
the date when the vehicle was made available to the consumer.
(6) No manufacturer, its agent, or the new motor vehicle
dealer may refuse to diagnose or repair any nonconformity
covered by the warranty for the purpose of avoiding liability
under this chapter.
(7) For purposes of this chapter, consumers shall have
the rights and remedies, including a cause of action, against
manufacturers as provided in this chapter.
(8) The warranty period and thirty-day out-of-service
period, and sixty-day out-of-service period in the case of a
motor home, shall be extended by any time that repair
services are not available to the consumer as a direct result
of a strike, war, invasion, fire, flood, or other natural
disaster. [1998 c 298 § 3; 1995 c 254 § 2; 1987 c 344 § 3.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.041 Replacement or repurchase of nonconforming new motor vehicle—Reasonable number of
attempts—Notice by consumer regarding motor home
nonconformity—Liabilities and rights of parties—
Application of consumer protection act. (1) If the
manufacturer, its agent, or the new motor vehicle dealer is
unable to conform the new motor vehicle to the warranty by
repairing or correcting any nonconformity after a reasonable
number of attempts, the manufacturer, within forty calendar
days of a consumer’s written request to the manufacturer’s
corporate, dispute resolution, zone, or regional office address
shall, at the option of the consumer, replace or repurchase
the new motor vehicle.
(a) The replacement motor vehicle shall be identical or
reasonably equivalent to the motor vehicle to be replaced as
the motor vehicle to be replaced existed at the time of
original purchase or lease, including any service contract,
undercoating, rustproofing, and factory or dealer installed
options. Where the manufacturer supplies a replacement
motor vehicle, the manufacturer shall be responsible for sales
tax, license, registration fees, and refund of any incidental
costs. Compensation for a reasonable offset for use shall be
paid by the consumer to the manufacturer in the event that
the consumer accepts a replacement motor vehicle.
(b) When repurchasing the new motor vehicle, the
manufacturer shall refund to the consumer the purchase
price, all collateral charges, and incidental costs, less a
(2002 Ed.)
19.118.031
reasonable offset for use. When repurchasing the new motor
vehicle, in the instance of a lease, the manufacturer shall
refund to the consumer all payments made by the consumer
under the lease including but not limited to all lease payments, trade-in value or inception payment, security deposit,
all collateral charges and incidental costs less a reasonable
offset for use. The manufacturer shall make such payment
to the lessor and/or lienholder of record as necessary to
obtain clear title to the motor vehicle and upon the lessor’s
and/or lienholder’s receipt of that payment and payment by
the consumer of any late payment charges, the consumer
shall be relieved of any future obligation to the lessor and/or
lienholder.
(c) The reasonable offset for use shall be computed by
multiplying the number of miles that the vehicle traveled
directly attributable to use by the consumer times the
purchase price, and dividing the product by one hundred
twenty thousand, except in the case of a motor home, in
which event it shall be divided by ninety thousand. However, the reasonable offset for use calculation total for a motor
home is subject to modification by the board by decreasing
or increasing the offset total up to a maximum of one-third
of the offset total. The board may modify the offset total in
those circumstances where the board determines that the
wear and tear on those portions of the motor home designated, used, or maintained primarily as a mobile dwelling,
office, or commercial space are significantly greater or
significantly less than that which could be reasonably
expected based on the mileage attributable to the consumer’s
use of the motor home. Where the consumer is a second or
subsequent purchaser, lessee, or transferee of the motor
vehicle and the consumer selects repurchase of the motor
vehicle, "the number of miles that the vehicle traveled" shall
be calculated from the date of purchase or lease by the
consumer. Where the consumer is a second or subsequent
purchaser, lessee, or transferee of the motor vehicle and the
consumer selects replacement of the motor vehicle, "the
number of miles that the vehicle traveled" shall be calculated
from the original purchase, lease, or in-service date.
(2) Reasonable number of attempts, except in the case
of a new motor vehicle that is a motor home acquired after
June 30, 1998, shall be deemed to have been undertaken by
the manufacturer, its agent, or the new motor vehicle dealer
to conform the new motor vehicle to the warranty within the
warranty period, if: (a) The same serious safety defect has
been subject to diagnosis or repair two or more times, at
least one of which is during the period of coverage of the
applicable manufacturer’s written warranty, and the serious
safety defect continues to exist; (b) the same nonconformity
has been subject to diagnosis or repair four or more times,
at least one of which is during the period of coverage of the
applicable manufacturer’s written warranty, and the nonconformity continues to exist; or (c) the vehicle is out of service
by reason of diagnosis or repair of one or more
nonconformities for a cumulative total of thirty calendar
days, at least fifteen of them during the period of the
applicable manufacturer’s written warranty. For purposes of
this subsection, the manufacturer’s written warranty shall be
at least one year after the date of the original delivery to the
consumer of the vehicle or the first twelve thousand miles of
operation, whichever occurs first.
[Title 19 RCW—page 185]
19.118.041
Title 19 RCW: Business Regulations—Miscellaneous
(3)(a) In the case of a new motor vehicle that is a motor
home acquired after June 30, 1998, a reasonable number of
attempts shall be deemed to have been undertaken by the
motor home manufacturers, their respective agents, or their
respective new motor vehicle dealers to conform the new
motor vehicle to the warranty within the warranty period, if:
(i) The same serious safety defect has been subject to
diagnosis or repair one or more times during the period of
coverage of the applicable motor home manufacturer’s
written warranty, plus a final attempt to repair the vehicle as
provided for in (b) of this subsection, and the serious safety
defect continues to exist; (ii) the same nonconformity has
been subject to repair three or more times, at least one of
which is during the period of coverage of the applicable
motor home manufacturer’s written warranty, plus a final
attempt to repair the vehicle as provided for in (b) of this
subsection, and the nonconformity continues to exist; or (iii)
the vehicle is out of service by reason of diagnosis or repair
of one or more nonconformities for a cumulative total of
sixty calendar days aggregating all motor home manufacturer
days out of service, and the motor home manufacturers have
had at least one opportunity to coordinate and complete an
inspection and any repairs of the vehicle’s nonconformities
after receipt of notification from the consumer as provided
for in (c) of this subsection. For purposes of this subsection,
each motor home manufacturer’s written warranty must be
at least one year after the date of the original delivery to the
consumer of the vehicle or the first twelve thousand miles of
operation, whichever occurs first.
(b) In the case of a new motor vehicle that is a motor
home, after one attempt has been made to repair a serious
safety defect, or after three attempts have been made to
repair the same nonconformity, the consumer shall give
written notification of the need to repair the nonconformity
to each of the motor home manufacturers at their respective
corporate, zone, or regional office addresses to allow the
motor home manufacturers to coordinate and complete a
final attempt to cure the nonconformity. The motor home
manufacturers each have fifteen days, commencing upon
receipt of the notification, to respond and inform the
consumer of the location of the facility where the vehicle
will be repaired. If the vehicle is unsafe to drive due to a
serious safety defect, or to the extent the repair facility is
more than one hundred miles from the motor home location,
the motor home manufacturers are responsible for the cost
of transporting the vehicle to and from the repair facility.
The motor home manufacturers have a cumulative total of
thirty days, commencing upon delivery of the vehicle to the
designated repair facility by the consumer, to conform the
vehicle to the applicable motor home manufacturer’s written
warranty. This time period may be extended if the consumer
agrees in writing. If a motor home manufacturer fails to
respond to the consumer or perform the repairs within the
time period prescribed, that motor home manufacturer is not
entitled to a final attempt to cure the nonconformity.
(c) In the case of a new motor vehicle that is a motor
home, if the vehicle is out of service by reason of diagnosis
or repair of one or more nonconformities by the motor home
manufacturers, their respective agents, or their respective
new motor vehicle dealers for a cumulative total of thirty or
more days aggregating all motor home manufacturer days
out of service, the consumer shall so notify each motor home
[Title 19 RCW—page 186]
manufacturer in writing at their respective corporate, zone,
or regional office addresses to allow the motor home
manufacturers, their respective agents, or their respective
new motor vehicle dealers an opportunity to coordinate and
complete an inspection and any repairs of the vehicle’s
nonconformities. The motor home manufacturers have fifteen days, commencing upon receipt of the notification, to
respond and inform the consumer of the location of the
facility where the vehicle will be repaired. If the vehicle is
unsafe to drive due to a serious safety defect, or to the
extent the repair facility is more than one hundred miles
from the motor home location, the motor home manufacturers are responsible for the cost of transporting the vehicle
to and from the repair facility. Once the buyer delivers the
vehicle to the designated repair facility, the inspection and
repairs must be completed by the motor home manufacturers
either (i) within ten days or (ii) before the vehicle is out of
service by reason of diagnosis or repair of one or more
nonconformities for sixty days, whichever time period is
longer. This time period may be extended if the consumer
agrees in writing. If a motor home manufacturer fails to
respond to the consumer or perform the repairs within the
time period prescribed, that motor home manufacturer is not
entitled to at least one opportunity to inspect and repair the
vehicle’s nonconformities after receipt of notification from
the buyer as provided for in this subsection (3)(c).
(4) No new motor vehicle dealer may be held liable by
the manufacturer for any collateral charges, incidental costs,
purchase price refunds, or vehicle replacements. Manufacturers shall not have a cause of action against dealers under
this chapter. Consumers shall not have a cause of action
against dealers under this chapter, but a violation of any
responsibilities imposed upon dealers under this chapter is a
per se violation of chapter 19.86 RCW. Consumers may
pursue rights and remedies against dealers under any other
law, including chapters 46.70 and 46.71 RCW. Manufacturers and consumers may not make dealers parties to arbitration board proceedings under this chapter. [1998 c 298 § 4;
1995 c 254 § 3; 1989 c 347 § 2; 1987 c 344 § 4.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.061 Vehicle with nonconformities or out of
service—Notification of correction—Resale or transfer of
title—Issuance of new title—Disclosure to buyer—
Intervening transferor. (1) A manufacturer shall be
prohibited from reselling any motor vehicle determined or
adjudicated as having a serious safety defect unless the
serious safety defect has been corrected and the manufacturer
warrants upon the first subsequent resale that the defect has
been corrected.
(2) Before any sale or transfer of a vehicle that has been
replaced or repurchased by the manufacturer that was
determined or adjudicated as having a nonconformity or to
have been out of service for thirty or more calendar days, or
sixty or more calendar days in the case of a motor home,
under this chapter, the manufacturer shall:
(a) Notify the attorney general and the department of
licensing, by certified mail or by personal service, upon
receipt of the motor vehicle;
(2002 Ed.)
Motor Vehicle Warranties
(b) Attach a resale disclosure notice to the vehicle in a
manner and form to be specified by the attorney general.
Only the retail purchaser may remove the resale disclosure
notice after execution of the disclosure form required under
subsection (3) of this section; and
(c) Notify the attorney general and the department of
licensing if the nonconformity in the motor vehicle is
corrected.
(3) Upon the first subsequent resale, either at wholesale
or retail, or transfer of title of a motor vehicle and which
was previously returned after a final determination, adjudication, or settlement under this chapter or under a similar
statute of any other state, the manufacturer, its agent, or the
new motor vehicle dealer who has actual knowledge of said
final determination, adjudication or settlement, shall execute
and deliver to the buyer before sale an instrument in writing
setting forth information identifying the nonconformity in a
manner to be specified by the attorney general, and the
department of licensing shall place on the certificate of title
information indicating the vehicle was returned under this
chapter.
(4) Upon receipt of the manufacturer’s notification
under subsection (2) of this section that the nonconformity
has been corrected and upon the manufacturer’s request and
payment of any fees, the department of licensing shall issue
a new title with information indicating the vehicle was
returned under this chapter and that the nonconformity has
been corrected. Upon the first subsequent resale, either at
wholesale or retail, or transfer of title of a motor vehicle, as
provided under subsection (2)(c) of this section, the manufacturer shall warrant upon the resale that the nonconformity
has been corrected, and the manufacturer, its agent, or the
new motor vehicle dealer who has actual knowledge of the
corrected nonconformity, shall execute and deliver to the
buyer before sale an instrument in writing setting forth information identifying the nonconformity and indicating that
it has been corrected in a manner to be specified by the
attorney general.
(5) After repurchase or replacement and following a
manufacturer’s receipt of a vehicle under this section and
prior to a vehicle’s first subsequent retail transfer by resale
or lease, any intervening transferor of a vehicle subject to
the requirements of this section who has received the disclosure, correction and warranty documents, as specified by
the attorney general and required under this chapter, shall
deliver the documents with the vehicle to the next transferor,
purchaser or lessee to ensure proper and timely notice and
disclosure. Any intervening transferor who fails to comply
with this subsection shall, at the option of the subsequent
transferor or first subsequent retail purchaser or lessee: (a)
Indemnify any subsequent transferor or first subsequent retail
purchaser for all damages caused by such violation; or (b)
repurchase the vehicle at the full purchase price including all
fees, taxes and costs incurred for goods and services which
were included in the subsequent transaction. [1998 c 298 §
5; 1995 c 254 § 4; 1989 c 347 § 3; 1987 c 344 § 5.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
(2002 Ed.)
19.118.061
19.118.070 Remedies. The remedies provided under
this chapter are cumulative and are in addition to any other
remedies provided by law. [1983 c 240 § 7.]
19.118.080 New motor vehicle arbitration boards—
Board proceedings—Prerequisite to filing action in
superior court. (1) Except as provided in RCW 19.118.160,
the attorney general shall contract with one or more private
entities to conduct arbitration proceedings in order to settle
disputes between consumers and manufacturers as provided
in this chapter, and each private entity shall constitute a new
motor vehicle arbitration board for purposes of this chapter.
The entities shall not be affiliated with any manufacturer or
new motor vehicle dealer and shall have available the
services of persons with automotive technical expertise to
assist in resolving disputes under this chapter. No private
entity or its officers or employees conducting board proceedings and no arbitrator presiding at such proceedings shall be
directly involved in the manufacture, distribution, sale, or
warranty service of any motor vehicle. Payment to the
entities for the arbitration services shall be made from the
new motor vehicle arbitration account.
(2) The attorney general shall adopt rules for the
uniform conduct of the arbitrations by the boards whether
conducted by a private entity or by the attorney general
pursuant to RCW 19.118.160, which rules shall include but
not be limited to the following procedures:
(a) At all arbitration proceedings, the parties are entitled
to present oral and written testimony, to present witnesses
and evidence relevant to the dispute, to cross-examine
witnesses, and to be represented by counsel.
(b) A dealer, manufacturer, or other persons shall
produce records and documents requested by a party which
are reasonably related to the dispute. If a dealer, manufacturer, or other person refuses to comply with such a request,
a party may present a request to the board for the attorney
general to issue a subpoena on behalf of the board.
The subpoena shall be issued only for the production of
records and documents which the board has determined are
reasonably related to the dispute, including but not limited to
documents described in RCW 19.118.031 (4) or (5).
If a party fails to comply with the subpoena, the
arbitrator may at the outset of the arbitration hearing impose
any of the following sanctions: (i) Find that the matters
which were the subject of the subpoena, or any other designated facts, shall be taken to be established for purposes of
the hearing in accordance with the claim of the party which
requested the subpoena; (ii) refuse to allow the disobedient
party to support or oppose the designated claims or defenses,
or prohibit that party from introducing designated matters
into evidence; (iii) strike claims or defenses, or parts thereof;
or (iv) render a decision by default against the disobedient
party.
If a nonparty fails to comply with a subpoena and upon
an arbitrator finding that without such compliance there is
insufficient evidence to render a decision in the dispute, the
attorney general shall enforce such subpoena in superior
court and the arbitrator shall continue the arbitration hearing
until such time as the nonparty complies with the subpoena
or the subpoena is quashed.
[Title 19 RCW—page 187]
19.118.080
Title 19 RCW: Business Regulations—Miscellaneous
(c) A party may obtain written affidavits from employees and agents of a dealer, a manufacturer or other party, or
from other potential witnesses, and may submit such
affidavits for consideration by the board.
(d) Records of the board proceedings shall be open to
the public. The hearings shall be open to the public to the
extent practicable.
(e) Where the board proceedings are conducted by one
or more private entities, a single arbitrator may be designated to preside at such proceedings.
(3) A consumer shall exhaust the new motor vehicle
arbitration board remedy or informal dispute resolution
settlement procedure under RCW 19.118.150 before filing
any superior court action.
(4) The attorney general shall maintain records of each
dispute submitted to the new motor vehicle arbitration board,
including an index of new motor vehicles by year, make, and
model.
(5) The attorney general shall compile aggregate annual
statistics for all disputes submitted to, and decided by, the
new motor vehicle arbitration board, as well as annual
statistics for each manufacturer that include, but shall not be
limited to, the number and percent of: (a) Replacement
motor vehicle requests; (b) purchase price refund requests;
(c) replacement motor vehicles obtained in prehearing
settlements; (d) purchase price refunds obtained in
prehearing settlements; (e) replacement motor vehicles
awarded in arbitration; (f) purchase price refunds awarded in
arbitration; (g) board decisions neither complied with during
the forty calendar day period nor petitioned for appeal within
the thirty calendar day period; (h) board decisions appealed
categorized by consumer or manufacturer; (i) the nature of
the court decisions and who the prevailing party was; (j)
appeals that were held by the court to be brought without
good cause; and (k) appeals that were held by the court to be
brought solely for the purpose of harassment. The statistical
compilations shall be public information.
(6) The attorney general shall adopt rules to implement
this chapter. Such rules shall include uniform standards by
which the boards shall make determinations under this
chapter, including but not limited to rules which provide:
(a) A board shall find that a nonconformity exists if it
determines that the consumer’s new motor vehicle has a
defect, serious safety defect, or condition that substantially
impairs the use, value, or safety of the vehicle.
(b) A board shall find that a reasonable number of
attempts to repair a nonconformity have been undertaken if:
(i) The same serious safety defect has been subject to
diagnosis or repair two or more times, at least one of which
is during the period of coverage of the applicable
manufacturer’s written warranty, and the serious safety
defect continues to exist; (ii) the same nonconformity has
been subject to diagnosis or repair four or more times, at
least one of which is during the period of coverage of the
applicable manufacturer’s written warranty, and the nonconformity continues to exist; or (iii) the vehicle is out of
service by reason of diagnosis or repair of one or more
nonconformities for a cumulative total of thirty calendar
days, at least fifteen of them during the period of the
applicable manufacturer’s written warranty. For purposes of
this subsection, the manufacturer’s written warranty shall be
at least one year after the date of the original delivery to the
[Title 19 RCW—page 188]
consumer of the vehicle or the first twelve thousand miles of
operation, whichever occurs first.
(c) A board shall find that a manufacturer has failed to
comply with RCW 19.118.041 if it finds that the manufacturer, its agent, or the new motor vehicle dealer has failed to
correct a nonconformity after a reasonable number of attempts and the manufacturer has failed, within forty days of
the consumer’s written request, to repurchase the vehicle or
replace the vehicle with a vehicle identical or reasonably
equivalent to the vehicle being replaced.
(7) The attorney general shall provide consumers with
information regarding the procedures and remedies under this
chapter. [1998 c 245 § 7; 1995 c 254 § 5; 1989 c 347 § 4;
1987 c 344 § 6.]
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.090 Request for arbitration—Eligibility—
Rejection—Manufacturer’s response—Remedies—
Defenses—Acceptance or appeal. (1) A consumer may
request arbitration under this chapter by submitting the
request to the attorney general. Within ten days after receipt
of an arbitration request, the attorney general shall make a
reasonable determination of the cause of the request for
arbitration and provide necessary information to the consumer regarding the consumer’s rights and remedies under this
chapter. The attorney general shall assign the dispute to a
board, except that if it clearly appears from the materials
submitted by the consumer that the dispute is not eligible for
arbitration, the attorney general may refuse to assign the
dispute and shall explain any required procedures to the
consumer.
(2) Manufacturers shall submit to arbitration if such
arbitration is requested by the consumer within thirty months
from the date of the original delivery of the new motor
vehicle to a consumer at retail and if the consumer’s dispute
is deemed eligible for arbitration by the board. In the case
of a motor home, the thirty-month period will be extended
by the amount of time it takes the motor home manufacturers to complete the final repair attempt at the designated
repair facility as provided for in RCW 19.118.041(3)(b).
(3) The new motor vehicle arbitration board may reject
for arbitration any dispute that it determines to be frivolous,
fraudulent, filed in bad faith, res judicata or beyond its
authority. Any dispute deemed by the board to be ineligible
for arbitration due to insufficient evidence may be reconsidered by the board upon the submission of other information or documents regarding the dispute that would allegedly
qualify for relief under this chapter. Following a second
review, the board may reject the dispute for arbitration if
evidence is still clearly insufficient to qualify the dispute for
relief under this chapter. A rejection by the board is subject
to review by the attorney general or may be appealed under
RCW 19.118.100.
A decision to reject any dispute for arbitration shall be
sent by certified mail to the consumer and the manufacturer,
and shall contain a brief explanation as to the reason
therefor.
(4) The manufacturer shall complete a written manufacturer response to the consumer’s request for arbitration. The
manufacturer shall provide a response to the consumer and
the board within ten calendar days from the date of the
(2002 Ed.)
Motor Vehicle Warranties
manufacturer’s receipt of the board’s notice of acceptance of
a dispute for arbitration. The manufacturer response shall
include all issues and affirmative defenses related to the
nonconformities identified in the consumer’s request for
arbitration that the manufacturer intends to raise at the
arbitration hearing.
(5) The arbitration board shall award the remedies under
RCW 19.118.041 if it finds a nonconformity and that a
reasonable number of attempts have been undertaken to
correct the nonconformity. The board shall award reasonable costs and attorneys’ fees incurred by the consumer
where the manufacturer has been directly represented by
counsel: (a) In dealings with the consumer in response to a
request to repurchase or replace under RCW 19.118.041; (b)
in settlement negotiations; (c) in preparation of the
manufacturer’s statement; or (d) at an arbitration board
hearing or other board proceeding.
In the case of an arbitration involving a motor home, the
board may allocate liability among the motor home manufacturers.
(6) It is an affirmative defense to any claim under this
chapter that: (a) The alleged nonconformity does not
substantially impair the use, value, or safety of the new
motor vehicle; or (b) the alleged nonconformity is the result
of abuse, neglect, or unauthorized modifications or alterations of the new motor vehicle.
(7) The board shall have forty-five calendar days from
the date the board receives the consumer’s request for
arbitration to hear the dispute. If the board determines that
additional information is necessary, the board may continue
the arbitration proceeding on a subsequent date within ten
calendar days of the initial hearing. The board shall decide
the dispute within sixty calendar days from the date the
board receives the consumer’s request for arbitration.
The decision of the board shall be delivered by certified
mail or personal service to the consumer and the manufacturer, and shall contain a written finding of whether the new
motor vehicle meets the standards set forth under this
chapter.
(8) The consumer may accept the arbitration board
decision or appeal to superior court, pursuant to RCW
19.118.100. Upon acceptance by the consumer, the arbitration board decision shall become final. The consumer shall
send written notification of acceptance or rejection to the
arbitration board within sixty days of receiving the decision
and the arbitration board shall immediately deliver a copy of
the consumer’s acceptance to the manufacturer by certified
mail, return receipt requested, or by personal service.
Failure of the consumer to respond to the arbitration board
within sixty calendar days of receiving the decision shall be
considered a rejection of the decision by the consumer. The
consumer shall have one hundred twenty calendar days from
the date of rejection to file a petition of appeal in superior
court. At the time the petition of appeal is filed, the
consumer shall deliver, by certified mail or personal service,
a conformed copy of such petition to the attorney general.
(9) Upon receipt of the consumer’s acceptance, the
manufacturer shall have forty calendar days to comply with
the arbitration board decision or thirty calendar days to file
a petition of appeal in superior court. At the time the
petition of appeal is filed, the manufacturer shall deliver, by
certified mail or personal service, a conformed copy of such
(2002 Ed.)
19.118.090
petition to the attorney general. If the attorney general
receives no notice of petition of appeal after forty calendar
days, the attorney general shall contact the consumer to verify compliance. [1998 c 298 § 6; 1995 c 254 § 6; 1989 c
347 § 5; 1987 c 344 § 7.]
Severability—1998 c 298: See note following RCW 19.118.021.
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.095 Arbitration decision—Compliance—
Accomplishment—Dispute—Failure—Fine—Costs—
Attorneys’ fees. (1) Compliance with an arbitration board
decision under this chapter must be accomplished at a time,
place, and in a manner to be determined by the mutual
agreement of the consumer and manufacturer.
(a) The consumer shall make the motor vehicle available
to the manufacturer free of damage other than that related to
any nonconformity, defect, or condition to which a warranty
applied, or that can reasonably be expected in the use of the
vehicle for ordinary or reasonably intended purposes and in
consideration of the mileage attributable to the consumer’s
use. Any insurance claims or settlement proceeds for repair
of damage to the vehicle due to fire, theft, vandalism, or
collision must be assigned to the manufacturer or, at the
consumer’s option, the repair must be completed before
return of the vehicle to the manufacturer.
The consumer may not remove any equipment or option
that was included in the original purchase or lease of the
vehicle or that is otherwise included in the repurchase or
replacement award. In removing any equipment not included
in the original purchase or lease, the consumer shall exercise
reasonable care to avoid further damage to the vehicle but is
not required to return the vehicle to original condition.
(b) At the time of compliance with an arbitration board
decision that awards repurchase, the manufacturer shall make
full payment to the consumers and either the lessor or
lienholder, or both, or provide verification to the consumer
of prior payment to either the lessor or lienholder, or both.
At the time of compliance with an arbitration board
decision that awards replacement, the manufacturer shall
provide the replacement vehicle together with any refund of
incidental costs.
(c) At any time before compliance a party may request
the board to resolve disputes regarding compliance with the
arbitration board decision including but not limited to time
and place for compliance, condition of the vehicle to be
returned, clarification or recalculation of refund amounts
under the award, or a determination if an offered vehicle is
reasonably equivalent to the vehicle being replaced. In
resolving compliance disputes the board may not review,
alter, or otherwise change the findings of a decision or
extend the time for compliance beyond the time necessary
for the board to resolve the dispute.
(d) Failure of the consumer to make the vehicle available within sixty calendar days in response to a
manufacturer’s unconditional tender of compliance is
considered a rejection of the arbitration decision by the
consumer, except as provided in (c) of this subsection or
subsection (2) of this section.
(2) If, at the end of the forty calendar day period,
neither compliance with nor a petition to appeal the board’s
[Title 19 RCW—page 189]
19.118.095
Title 19 RCW: Business Regulations—Miscellaneous
decision has occurred, the attorney general may impose a
fine of up to one thousand dollars per day until compliance
occurs or a maximum penalty of one hundred thousand
dollars accrues unless the manufacturer can provide clear and
convincing evidence that any delay or failure was beyond its
control or was acceptable to the consumer as evidenced by
a written statement signed by the consumer. If the manufacturer fails to provide the evidence or fails to pay the fine, the
attorney general may initiate proceedings against the manufacturer for failure to pay any fine that accrues until compliance with the board’s decision occurs or the maximum
penalty of one hundred thousand dollars results. If the
attorney general prevails in an enforcement action regarding
any fine imposed under this subsection, the attorney general
is entitled to reasonable costs and attorneys’ fees. Fines and
recovered costs and fees shall be returned to the new motor
vehicle arbitration account. [1995 c 254 § 8.]
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.100 Trial de novo—Posting security—
Recovery. (1) The consumer or the manufacturer may
request a trial de novo of the arbitration decision, including
a rejection, in superior court.
(2) If the manufacturer appeals, the court may require
the manufacturer to post security for the consumer’s financial loss due to the passage of time for review.
(3) If the consumer prevails, recovery shall include the
monetary value of the award, attorneys’ fees and costs
incurred in the superior court action, and, if the board
awarded the consumer replacement or repurchase of the
vehicle and the manufacturer did not comply, continuing
damages in the amount of twenty-five dollars per day for all
days beyond the forty calendar day period following the
manufacturer’s receipt of the consumer’s acceptance of the
board’s decision in which the manufacturer did not provide
the consumer with the free use of a comparable loaner
replacement motor vehicle. If it is determined by the court
that the party that appealed acted without good cause in
bringing the appeal or brought the appeal solely for the
purpose of harassment, the court may triple, but at least shall
double, the amount of the total award. [1989 c 347 § 6;
1987 c 344 § 8.]
19.118.110 Arbitration fee—New motor vehicle
arbitration account—Report by attorney general. A
three-dollar arbitration fee shall be collected by either the
new motor vehicle dealer or vehicle lessor from the consumer upon execution of a retail sale or lease agreement. The
fee shall be forwarded to the department of licensing at the
time of title application for deposit in the new motor vehicle
arbitration account hereby created in the state treasury.
Moneys in the account shall be used for the purposes of this
chapter, subject to appropriation. During the 1995-97 fiscal
biennium, the legislature may transfer moneys from the
account to the extent that the moneys are not necessary for
the purposes of this chapter.
At the end of each fiscal year, the attorney general shall
prepare a report listing the annual revenue generated and the
expenses incurred in implementing and operating the
[Title 19 RCW—page 190]
arbitration program under this chapter. [1995 2nd sp.s. c 18
§ 910; 1995 c 254 § 7; 1989 c 347 § 7; 1987 c 344 § 9.]
Severability—1995 2nd sp.s. c 18: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1995 2nd sp.s. c 18 § 926.]
Effective date—1995 2nd sp.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions. Section 807 of this
act shall take effect immediately [June 16, 1995]. The remainder of the act
shall take effect July 1, 1995." [1995 2nd sp.s. c 18 § 927.]
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.120 Application of consumer protection act.
A violation of this chapter shall constitute an unfair or
deceptive trade practice affecting the public interest under
chapter 19.86 RCW. All public and private remedies
provided under that chapter shall be available to enforce this
chapter. [1987 c 344 § 10.]
19.118.130 Waivers, limitations, disclaimers—Void.
Any agreement entered into by a consumer for the purchase
of a new motor vehicle that waives, limits, or disclaims the
rights set forth in RCW 19.118.021 through 19.118.140 shall
be void as contrary to public policy. Said rights shall extend
to a subsequent transferee of such new motor vehicle. [1987
c 344 § 11.]
19.118.140 Other rights and remedies not precluded. Nothing in this chapter limits the consumer from
pursuing other rights or remedies under any other law.
[1987 c 344 § 12.]
19.118.150 Informal dispute resolution settlement
procedure. If a manufacturer has established an informal
dispute resolution settlement procedure which substantially
complies with the applicable provision of Title 16, Code of
Federal Regulations Part 703, as from time to time amended,
a consumer may choose to first submit a dispute under this
chapter to the informal dispute resolution settlement procedure. [1989 c 347 § 8; 1987 c 344 § 14.]
19.118.160 New motor vehicle arbitration boards—
When established by attorney general—Membership—
Travel expenses and compensation. If the attorney general
is unable at any time to contract with private entities to
conduct arbitrations under the procedures and standards in
this chapter, the attorney general shall establish one or more
new motor vehicle arbitration boards. Each such board shall
consist of three members appointed by the attorney general,
only one of whom may be directly involved in the manufacture, distribution, sale, or service of any motor vehicle.
Board members shall be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060 and shall be
compensated pursuant to RCW 43.03.240. [1989 c 347 § 9;
1987 c 344 § 15.]
19.118.170 History of vehicle—Availability to
owner. Notwithstanding RCW 46.12.380, the department of
licensing shall make available to the registered owner all title
history information regarding the vehicle upon request of the
(2002 Ed.)
Motor Vehicle Warranties
registered owner and receipt of a statement that he or she is
investigating or pursuing rights under this chapter. [1995 c
254 § 9.]
Effective date—Severability—1995 c 254: See notes following
RCW 19.118.021.
19.118.900 Effective dates—1987 c 344. (1) Section
9 of this act is necessary for the immediate preservation of
the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect June 1, 1987.
(2) Sections 2 through 8, 10 through 12, and 14 through
16 of this act shall take effect January 1, 1988, except that
the attorney general may take such actions as are necessary
to ensure the new motor vehicle arbitration boards are
established and operational. [1987 c 344 § 22.]
19.118.902 Severability—1987 c 344. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 344 § 23.]
19.118.903 Severability—1989 c 347. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 c 347 § 10.]
19.118.904 Effective date—1989 c 347. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect June 1,
1989. [1989 c 347 § 11.]
Chapter 19.120
GASOLINE DEALER BILL OF RIGHTS ACT
Sections
19.120.010
19.120.020
19.120.030
19.120.040
19.120.050
19.120.060
19.120.070
19.120.080
19.120.090
19.120.100
19.120.110
19.120.120
19.120.130
19.120.900
19.120.901
19.120.902
19.120.903
19.120.904
19.120.905
(2002 Ed.)
Definitions.
Sale of franchise to third party.
Sale of franchise to corporation.
Franchise considered personal property—Designated successor in interest.
Purchase of real estate and improvements owned by refinersupplier—Retailer given right of first refusal—Notice to
retailer.
Refiner-suppliers—Prohibited conduct.
Offers, sales, or purchases of franchises—Unlawful acts.
Refiner-supplier and retailer relationship—Rights and prohibitions.
Action for damages, rescission, or other relief.
Limitation period tolled.
Civil actions by retailers—Attorneys’ fees.
Civil actions by attorney general—Attorneys’ fees—
Criminal actions not limited by chapter.
Exception or exemption—Burden of proof—Waiver of
provisions of chapter void.
Short title.
Application of chapter.
Intent—Interpretation consistent with chapter 19.100 RCW.
Liberal construction.
Severability—1986 c 320.
Effective date—1986 c 320.
19.118.170
19.120.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advertisement" means any written or printed
communication or any communication by means of recorded
telephone messages or spoken on radio, television, or similar
communication media published in connection with an offer
or sale of a franchise.
(2) "Affiliate" means any person, firm, or corporation
who controls or is controlled by any motor fuel refinersupplier, and includes any subsidiary or affiliated corporation
in which the motor fuel refiner-supplier or its shareholders,
officers, agents, or employees hold or control more than
twenty-five percent of the voting shares.
(3) "Community interest" means a continuing financial
interest between the motor fuel refiner-supplier and motor
fuel retailer in the operation of the franchise business.
(4) "Motor fuel" means gasoline or diesel fuel of a type
distributed for use in self-propelled motor vehicles and
includes gasohol.
(5) "Motor fuel franchise" means any oral or written
contract, either expressed or implied, between a motor fuel
refiner-supplier and motor fuel retailer under which the
motor fuel retailer is supplied motor fuel for resale to the
public under a trademark owned or controlled by the motor
fuel refiner-supplier or for sale on commission or for a fee
to the public, or any agreements between a motor fuel
refiner-supplier and motor fuel retailer under which the
retailer is permitted to occupy premises owned, leased, or
controlled by the refiner-supplier for the purpose of engaging
in the retail sale of motor fuel under a trademark owned or
controlled by the motor fuel refiner-supplier supplied by the
motor fuel refiner-supplier.
(6) "Motor fuel refiner-supplier" means any person,
firm, or corporation, including any affiliate of the person,
firm, or corporation, engaged in the refining of crude oil into
petroleum who supplies motor fuel for sale, consignment, or
distribution through retail outlets.
(7) "Motor fuel retailer" means a person, firm, or
corporation that resells motor fuel entirely at one or more
retail motor fuel outlets pursuant to a motor fuel franchise
entered into with a refiner-supplier.
(8) "Offer or offer to sell" includes every attempt or
offer to dispose of or solicitation of an offer to buy a
franchise or an interest in a franchise.
(9) "Person" means a natural person, corporation,
partnership, trust, or other entity and in the case of an entity,
it shall include any other entity which has a majority interest
in such an entity or effectively controls such other entity as
well as the individual officers, directors, and other persons
in act of control of the activities of each such entity.
(10) "Price" means the net purchase price, after adjustment for commission, brokerage, rebate, discount, services
or facilities furnished, or other such adjustment.
(11) "Publish" means publicly to issue or circulate by
newspaper, mail, radio, or television or otherwise to disseminate to the public.
(12) "Retail motor fuel outlet" means any location where
motor fuel is distributed for purposes other than resale.
[Title 19 RCW—page 191]
19.120.010
Title 19 RCW: Business Regulations—Miscellaneous
(13) "Sale or sell" includes every contract of sale,
contract to sell, or disposition of a franchise.
(14) "Trademark" means any trademark, trade name,
service mark, or other identifying symbol or name. [1989 c
11 § 3; 1986 c 320 § 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
19.120.020 Sale of franchise to third party. Notwithstanding the terms of any motor fuel franchise, a motor
fuel refiner-supplier shall not absolutely prohibit or unreasonably withhold its consent to any sale, assignment, or
other transfer of the motor fuel franchise by a motor fuel
retailer to a third party without fairly compensating the
motor fuel retailer for the fair market value, at the time of
expiration of the franchise, of the motor fuel retailer’s
inventory, supplies, equipment, and furnishings purchased
from the motor fuel refiner-supplier, and good will, exclusive
of personalized materials which have no value to the motor
fuel refiner-supplier, and inventory, supplies, equipment, and
furnishings not reasonably required in the conduct of the
franchise business. A motor fuel refiner-supplier may offset
against amounts owed to a motor fuel retailer under this
section any amounts owed by the motor fuel retailer to the
motor fuel refiner-supplier. [1986 c 320 § 3.]
19.120.030 Sale of franchise to corporation.
Notwithstanding the terms of any motor fuel franchise, no
motor fuel refiner-supplier may prohibit or prevent the sale,
assignment, or other transfer of the motor fuel franchise to
a corporation in which the motor fuel retailer has and
maintains a controlling interest if the motor fuel retailer
offers in writing personally to guarantee the performance of
the obligations under the motor fuel franchise. [1986 c 320
§ 4.]
19.120.040 Franchise considered personal property—Designated successor in interest. Notwithstanding the
terms of any motor fuel franchise, the interest of a motor
fuel retailer under such an agreement shall be considered
personal property and shall devolve on the death of the
motor fuel retailer to a designated successor in interest of the
retailer, limited to the retailer’s spouse, adult child, or adult
stepchild or, if no successor in interest is designated, to the
retailer’s spouse, if any. The designation shall be made,
witnessed in writing by at least two persons, and delivered
to the motor fuel refiner-supplier during the term of the
franchise. The designation may be revised at any time by
the motor fuel retailer and shall be substantially in the
following form:
"I (motor fuel retailer name) at the . . . . . .
service station located at . . . . . ., in the City of
. . . . . ., Washington, designate . . . . . . as my successor in interest under RCW 19.120.030 and
. . . . . . as my alternate successor if the originally
designated successor is unable or unwilling so to
act.
I so specify this . . . . day of . . . . . ., 19. . ."
The motor fuel refiner-supplier shall assist the designated successor in interest temporarily in the day-to-day
[Title 19 RCW—page 192]
operation of the service station to insure continued operation
of the service station. [1986 c 320 § 5.]
19.120.050 Purchase of real estate and improvements owned by refiner-supplier—Retailer given right of
first refusal—Notice to retailer. Notwithstanding the terms
of any motor fuel franchise, the motor fuel retailer shall be
given the right of first refusal to purchase the real estate
and/or improvements owned by the refiner-supplier at the
franchise location, and at least thirty days’ advance notice
within which to exercise this right, prior to any sale thereof
to any other buyer. [1986 c 320 § 6.]
19.120.060 Refiner-suppliers—Prohibited conduct.
Notwithstanding the terms of any motor fuel franchise, no
motor fuel refiner-supplier may:
(1) Require any motor fuel retailer to meet mandatory
minimum sales volume requirements for fuel or other
products unless the refiner-supplier proves that its price to
the motor fuel retailer has been sufficiently low to enable the
motor fuel retailer reasonably to meet the mandatory
minimum;
(2) Alter, or require the motor fuel retailer to consent to
the alteration of, any provision of the motor fuel franchise
during its effective term without mutual consent of the motor
fuel retailer;
(3) Interfere with any motor fuel retailer’s right to
assistance of counsel on any matter or to join or be active in
any trade association; and
(4) Set or compel, directly or indirectly, the retail price
at which the motor fuel retailer sells motor fuel or other
products to the public. [1986 c 320 § 7.]
19.120.070 Offers, sales, or purchases of franchises—Unlawful acts. It is unlawful for any person in connection with the offer, sale, or purchase of any motor fuel
franchise directly or indirectly:
(1) To sell or offer to sell a motor fuel franchise in this
state by means of any written or oral communication which
includes an untrue statement of a material fact or omits to
state a material fact necessary in order to make the statements made in light of the circumstances under which they
were made not misleading.
(2) To employ any device, scheme, or artifice to
defraud.
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
any person. [1986 c 320 § 8.]
19.120.080 Refiner-supplier and retailer relationship—Rights and prohibitions. Without limiting the other
provisions of this chapter, the following specific rights and
prohibitions shall govern the relation between the motor fuel
refiner-supplier and the motor fuel retailers:
(1) The parties shall deal with each other in good faith.
(2) For the purposes of this chapter and without limiting
its general application, it shall be an unfair or deceptive act
or practice or an unfair method of competition and therefore
unlawful and a violation of this chapter for any person to:
(a) Require a motor fuel retailer to purchase or lease
goods or services of the motor fuel refiner-supplier or from
(2002 Ed.)
Gasoline Dealer Bill of Rights Act
approved sources of supply unless and to the extent that the
motor fuel refiner-supplier satisfies the burden of proving
that such restrictive purchasing agreements are reasonably
necessary for a lawful purpose justified on business grounds,
and do not substantially affect competition: PROVIDED,
That this provision shall not apply to the initial inventory of
the motor fuel franchise. In determining whether a requirement to purchase or lease goods or services constitutes an
unfair or deceptive act or practice or an unfair method of
competition the courts shall be guided by the decisions of
the courts of the United States interpreting and applying the
anti-trust laws of the United States.
(b) Discriminate between motor fuel retailers in the
charges offered or made for royalties, goods, services,
equipment, rentals, advertising services, or in any other
business dealing, unless and to the extent that the motor fuel
refiner-supplier satisfies the burden of proving that any
classification of or discrimination between motor fuel
retailers is reasonable, is based on motor fuel franchises
granted at materially different times and such discrimination
is reasonably related to such difference in time or on other
proper and justifiable distinctions considering the purposes
of this chapter, and is not arbitrary.
(c) Sell, rent, or offer to sell to a motor fuel retailer any
product or service for more than a fair and reasonable price.
(d) Require a motor fuel retailer to assent to a release,
assignment, novation, or waiver which would relieve any
person from liability imposed by this chapter. [2000 c 171
§ 72; 1986 c 320 § 9.]
19.120.090 Action for damages, rescission, or other
relief. (1) Any person who sells or offers to sell a motor
fuel franchise in violation of this chapter shall be liable to
the motor fuel retailer or motor fuel refiner-supplier who
may sue at law or in equity for damages caused thereby for
rescission or other relief as the court may deem appropriate.
In the case of a violation of RCW 19.120.070 rescission is
not available to the plaintiff if the defendant proves that the
plaintiff knew the facts concerning the untruth or omission
or that the defendant exercised reasonable care and did not
know or if he had exercised reasonable care would not have
known of the untruth or omission.
(2) The suit authorized under subsection (1) of this
section may be brought to recover the actual damages
sustained by the plaintiff: PROVIDED, That the prevailing
party may in the discretion of the court recover the costs of
said action including a reasonable attorneys’ fee.
(3) Any person who becomes liable to make payments
under this section may recover contributions as in cases of
contracts from any persons who, if sued separately, would
have been liable to make the same payment.
(4) A final judgment, order, or decree heretofore or
hereafter rendered against a person in any civil, criminal, or
administrative proceedings under the United States anti-trust
laws, under the Federal Trade Commission Act, or this chapter shall be regarded as evidence against such persons in any
action brought by any party against such person under
subsection (1) of this section as to all matters which said
judgment or decree would be an estoppel between the parties
thereto. [1986 c 320 § 10.]
(2002 Ed.)
19.120.080
19.120.100 Limitation period tolled. The pendency
of any civil, criminal, or administrative proceedings against
a person brought by the federal or Washington state governments or any of their agencies under the anti-trust laws, the
Federal Trade Commission Act, or any federal or state act
related to anti-trust laws or to franchising, or under this
chapter shall toll the limitation of this action if the action is
then instituted within one year after the final judgment or
order in such proceedings: PROVIDED, That said limitation
of actions shall in any case toll the law so long as there is
actual concealment on the part of the person. [1986 c 320
§ 11.]
19.120.110 Civil actions by retailers—Attorneys’
fees. Any motor fuel retailer who is injured in his or her
business by the commission of any act prohibited by this
chapter, or any motor fuel retailer injured because of his or
her refusal to accede to a proposal for an arrangement
which, if consumated, would be in violation of this chapter
may bring a civil action in superior court to enjoin further
violations, to recover the actual damages sustained by him
or her, or both, together with the costs of the suit, including
reasonable attorney’s fees. [1986 c 320 § 12.]
19.120.120 Civil actions by attorney general—
Attorneys’ fees—Criminal actions not limited by chapter.
(1) The attorney general may bring an action in the name of
the state against any person to restrain and prevent the doing
of any act herein prohibited or declared to be unlawful. The
prevailing party may in the discretion of the court recover
the costs of such action including a reasonable attorneys’
fee.
(2) Nothing in this chapter limits the power of the state
to punish any person for any conduct which constitutes a
crime by statute or at common law. [1986 c 320 § 13.]
19.120.130 Exception or exemption—Burden of
proof—Waiver of provisions of chapter void. In any
proceeding under this chapter, the burden of proving an
exception or an exemption from definition is upon the person
claiming it. Any condition, stipulation or provision purporting to bind any person acquiring a motor fuel franchise at
the time of entering into a motor fuel franchise or other
agreement to waive compliance with any provision of this
chapter or any rule or order hereunder is void. [1986 c 320
§ 14.]
19.120.900 Short title. This chapter shall be known
as the "gasoline dealer bill of rights act." [1986 c 320 § 19.]
19.120.901 Application of chapter. The provisions
of this chapter apply to any motor fuel franchise or contract
entered into or renewed on or after June 30, 1986, between
a motor fuel refiner-supplier and a motor fuel retailer. [1986
c 320 § 15.]
19.120.902 Intent—Interpretation consistent with
chapter 19.100 RCW. It is the intent of the legislature that
this chapter be interpreted consistent with chapter 19.100
RCW. [1986 c 320 § 17.]
[Title 19 RCW—page 193]
19.120.903
Title 19 RCW: Business Regulations—Miscellaneous
19.120.903 Liberal construction. This chapter shall
be liberally construed to effectuate its beneficial purposes.
[1986 c 320 § 18.]
19.120.904 Severability—1986 c 320. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1986 c 320 § 22.]
19.120.905 Effective date—1986 c 320. (1) Sections
20 and 21 are necessary for the immediate preservation of
the public peace, health, and safety, the support of the state
government and its existing public institutions and shall take
effect immediately.
(2) Sections 1 through 19, 22 and 23 of this act shall
take effect June 30, 1986. [1986 c 320 § 24.]
Chapter 19.122
UNDERGROUND UTILITIES
Sections
19.122.010 Intent.
19.122.020 Definitions.
19.122.027 One-number locator services—Single statewide toll-free
telephone number.
19.122.030 Notice of excavation to owners of underground facilities—
One-number locator service—Time for notice—Marking
of underground facilities—Costs.
19.122.033 Notice of excavation to pipeline companies.
19.122.035 Pipeline company duties after notice of excavation—
Examination—Information of damage—Notification of
local first responders.
19.122.040 Underground facilities identified in bid or contract—
Excavator’s duty of reasonable care—Liability for damages—Attorneys’ fees.
19.122.045 Exemption from liability.
19.122.050 Damage to underground facility—Notification by excavator—Repairs or relocation of facility.
19.122.055 Failure to notify one-number locator service—Civil penalty,
if damages.
19.122.060 Exemption from notice and marking requirements for property owners.
19.122.070 Civil penalties—Treble damages—Existing remedies not
affected.
19.122.075 Damage or removal of permanent marking—Civil penalty.
19.122.080 Waiver of notification and marking requirements.
19.122.900 Severability—1984 c 144.
19.122.010 Intent. It is the intent of the legislature in
enacting this chapter to assign responsibilities for locating
and keeping accurate records of utility locations, protecting
and repairing damage to existing underground facilities, and
protecting the public health and safety from interruption in
utility services caused by damage to existing underground
utility facilities. [1984 c 144 § 1.]
19.122.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Business day" means any day other than Saturday,
Sunday, or a legal local, state, or federal holiday.
(2) "Damage" includes the substantial weakening of
structural or lateral support of an underground facility,
penetration, impairment, or destruction of any underground
[Title 19 RCW—page 194]
protective coating, housing, or other protective device, or the
severance, partial or complete, of any underground facility
to the extent that the project owner or the affected utility
owner determines that repairs are required.
(3) "Emergency" means any condition constituting a
clear and present danger to life or property, or a customer
service outage.
(4) "Excavation" means any operation in which earth,
rock, or other material on or below the ground is moved or
otherwise displaced by any means, except the tilling of soil
less than twelve inches in depth for agricultural purposes, or
road and ditch maintenance that does not change the original
road grade or ditch flowline.
(5) "Excavator" means any person who engages directly
in excavation.
(6) "Gas" means natural gas, flammable gas, or toxic or
corrosive gas.
(7) "Hazardous liquid" means: (a) Petroleum, petroleum
products, or anhydrous ammonia as those terms are defined
in 49 C.F.R. Part 195 as in effect on March 1, 1998; and (b)
carbon dioxide. The utilities and transportation commission
may by rule incorporate by reference other substances
designated as hazardous by the secretary of transportation.
(8) "Identified facility" means any underground facility
which is indicated in the project plans as being located
within the area of proposed excavation.
(9) "Identified but unlocatable underground facility"
means an underground facility which has been identified but
cannot be located with reasonable accuracy.
(10) "Locatable underground facility" means an underground facility which can be field-marked with reasonable
accuracy.
(11) "Marking" means the use of stakes, paint, or other
clearly identifiable materials to show the field location of
underground facilities, in accordance with the current color
code standard of the American public works association.
Markings shall include identification letters indicating the
specific type of the underground facility.
(12) "Person" means an individual, partnership, franchise holder, association, corporation, a state, a city, a
county, or any subdivision or instrumentality of a state, and
its employees, agents, or legal representatives.
(13) "Pipeline" or "pipeline system" means all or parts
of a pipeline facility through which hazardous liquid or gas
moves in transportation, including, but not limited to, line
pipe, valves, and other appurtenances connected to line pipe,
pumping units, fabricated assemblies associated with pumping units, metering and delivery stations and fabricated
assemblies therein, and breakout tanks. "Pipeline" or
"pipeline system" does not include process or transfer
pipelines as defined in RCW 81.88.010.
(14) "Pipeline company" means a person or entity
constructing, owning, or operating a pipeline for transporting
hazardous liquid or gas. A pipeline company does not
include: (a) Distribution systems owned and operated under
franchise for the sale, delivery, or distribution of natural gas
at retail; or (b) excavation contractors or other contractors
that contract with a pipeline company.
(15) "Reasonable accuracy" means location within
twenty-four inches of the outside dimensions of both sides
of an underground facility.
(2002 Ed.)
Underground Utilities
(16) "Underground facility" means any item buried or
placed below ground for use in connection with the storage
or conveyance of water, sewage, electronic, telephonic or
telegraphic communications, cablevision, electric energy,
petroleum products, gas, gaseous vapors, hazardous liquids,
or other substances and including but not limited to pipes,
sewers, conduits, cables, valves, lines, wires, manholes,
attachments, and those parts of poles or anchors below
ground. This definition does not include pipelines as defined
in subsection (13) of this section, but does include distribution systems owned and operated under franchise for the
sale, delivery, or distribution of natural gas at retail.
(17) "One-number locator service" means a service
through which a person can notify utilities and request fieldmarking of underground facilities. [2000 c 191 § 15; 1984
c 144 § 2.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.027 One-number locator services—Single
statewide toll-free telephone number. (1) By December
31, 2000, the utilities and transportation commission shall
cause to be established a single statewide toll-free telephone
number to be used for referring excavators to the appropriate
one-number locator service.
(2) The utilities and transportation commission, in
consultation with the Washington utilities coordinating
council, shall establish minimum standards and best management practices for one-number locator services consistent
with the recommendations of the governor’s fuel accident
prevention and response team issued in December 1999. By
December 31, 2000, the commission shall provide its
recommendations to the appropriate standing committees of
the house of representatives and the senate.
(3) One-number locator services shall be operated by
nongovernmental agencies. [2000 c 191 § 16.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.030 Notice of excavation to owners of
underground facilities—One-number locator service—
Time for notice—Marking of underground facilities—
Costs. (1) Before commencing any excavation, excluding
agriculture tilling less than twelve inches in depth, the
excavator shall provide notice of the scheduled commencement of excavation to all owners of underground facilities
through a one-number locator service.
(2) All owners of underground facilities within a onenumber locator service area shall subscribe to the service.
One-number locator service rates for cable television
companies will be based on the amount of their underground
facilities. If no one-number locator service is available,
notice shall be provided individually to those owners of
underground facilities known to or suspected of having
underground facilities within the area of proposed excavation. The notice shall be communicated to the owners of
underground facilities not less than two business days or
more than ten business days before the scheduled date for
commencement of excavation, unless otherwise agreed by
the parties.
(2002 Ed.)
19.122.020
(3) Upon receipt of the notice provided for in this
section, the owner of the underground facility shall provide
the excavator with reasonably accurate information as to its
locatable underground facilities by surface-marking the location of the facilities. If there are identified but unlocatable
underground facilities, the owner of such facilities shall
provide the excavator with the best available information as
to their locations. The owner of the underground facility
providing the information shall respond no later than two
business days after the receipt of the notice or before the
excavation time, at the option of the owner, unless otherwise
agreed by the parties. Excavators shall not excavate until all
known facilities have been marked. Once marked by the
owner of the underground facility, the excavator is responsible for maintaining the markings. Excavators shall have the
right to receive compensation from the owner of the underground facility for costs incurred if the owner of the underground facility does not locate its facilities in accordance
with this section.
(4) The owner of the underground facility shall have the
right to receive compensation for costs incurred in responding to excavation notices given less than two business days
prior to the excavation from the excavator.
(5) An owner of underground facilities is not required
to indicate the presence of existing service laterals or
appurtenances if the presence of existing service laterals or
appurtenances on the site of the construction project can be
determined from the presence of other visible facilities, such
as buildings, manholes, or meter and junction boxes on or
adjacent to the construction site.
(6) Emergency excavations are exempt from the time
requirements for notification provided in this section.
(7) If the excavator, while performing the contract,
discovers underground facilities which are not identified, the
excavator shall cease excavating in the vicinity of the facility
and immediately notify the owner or operator of such facilities, or the one-number locator service. [2000 c 191 §
17; 1988 c 99 § 1; 1984 c 144 § 3.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
Damages to facilities on state highways: RCW 47.44.150.
19.122.033 Notice of excavation to pipeline companies. (1) Before commencing any excavation, excluding
agricultural tilling less than twelve inches in depth, an
excavator shall notify pipeline companies of the scheduled
commencement of excavation through a one-number locator
service in the same manner as is required for notifying
owners of underground facilities of excavation work under
RCW 19.122.030. Pipeline companies shall have the same
rights and responsibilities as owners of underground facilities
under RCW 19.122.030 regarding excavation work. Excavators have the same rights and responsibilities under this
section as they have under RCW 19.122.030.
(2) Project owners, excavators, and pipeline companies
have the same rights and responsibilities relating to excavation near pipelines that they have for excavation near
underground facilities as provided in RCW 19.122.040.
[2000 c 191 § 18.]
[Title 19 RCW—page 195]
19.122.033
Title 19 RCW: Business Regulations—Miscellaneous
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.035 Pipeline company duties after notice of
excavation—Examination—Information of damage—
Notification of local first responders. (1) After a pipeline
company has been notified by an excavator pursuant to
RCW 19.122.033 that excavation work will uncover any
portion of the pipeline, the pipeline company shall ensure
that the pipeline section in the vicinity of the excavation is
examined for damage prior to being reburied.
(2) Immediately upon receiving information of thirdparty damage to a hazardous liquid pipeline, the company
that operates the pipeline shall terminate the flow of hazardous liquid in that pipeline until it has visually inspected the
pipeline. After visual inspection, the operator of the hazardous liquid pipeline shall determine whether the damaged
pipeline section should be replaced or repaired, or whether
it is safe to resume pipeline operation. Immediately upon
receiving information of third-party damage to a gas pipeline, the company that operates the pipeline shall conduct a
visual inspection of the pipeline to determine whether the
flow of gas through that pipeline should be terminated, and
whether the damaged pipeline should be replaced or repaired.
A record of the pipeline company’s inspection report and test
results shall be provided to the utilities and transportation
commission consistent with reporting requirements under 49
C.F.R. 195 Subpart B.
(3) Pipeline companies shall immediately notify local
first responders and the department of any reportable release
of a hazardous liquid from a pipeline. Pipeline companies
shall immediately notify local first responders and the
commission of any blowing gas leak from a gas pipeline that
has ignited or represents a probable hazard to persons or
property. Pipeline companies shall take all appropriate steps
to ensure the public safety in the event of a release of
hazardous liquid or gas under this subsection.
(4) No damaged pipeline may be buried until it is
repaired or relocated. The pipeline company shall arrange
for repairs or relocation of a damaged pipeline as soon as is
practical or may permit the excavator to do necessary repairs
or relocation at a mutually acceptable price. [2000 c 191 §
19.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.040 Underground facilities identified in bid
or contract—Excavator’s duty of reasonable care—
Liability for damages—Attorneys’ fees. (1) Project owners shall indicate in bid or contract documents the existence
of underground facilities known by the project owner to be
located within the proposed area of excavation. The following shall be deemed changed or differing site conditions:
(a) An underground facility not identified as required by
this chapter or other provision of law; and
(b) An underground facility not located, as required by
this chapter or other provision of law, by the project owner
or excavator if the project owner or excavator is also a
utility.
[Title 19 RCW—page 196]
(2) An excavator shall use reasonable care to avoid
damaging underground facilities. An excavator shall:
(a) Determine the precise location of underground
facilities which have been marked;
(b) Plan the excavation to avoid damage to or minimize
interference with underground facilities in and near the
excavation area; and
(c) Provide such support for underground facilities in
and near the construction area, including during backfill
operations, as may be reasonably necessary for the protection
of such facilities.
(3) If an underground facility is damaged and such
damage is the consequence of the failure to fulfill an
obligation under this chapter, the party failing to perform
that obligation shall be liable for any damages. Any clause
in an excavation contract which attempts to allocate liability,
or requires indemnification to shift the economic consequences of liability, different from the provisions of this
chapter is against public policy and unenforceable. Nothing
in this chapter prevents the parties to an excavation contract
from contracting with respect to the allocation of risk for
changed or differing site conditions.
(4) In any action brought under this section, the prevailing party is entitled to reasonable attorneys’ fees. [1984 c
144 § 4.]
19.122.045 Exemption from liability. Excavators
who comply with the requirements of this chapter are not
liable for any damages arising from contact or damage to an
underground fiber optics facility other than the cost to repair
the facility. [1988 c 99 § 2.]
19.122.050 Damage to underground facility—
Notification by excavator—Repairs or relocation of
facility. (1) An excavator who, in the course of excavation,
contacts or damages an underground facility shall notify the
utility owning or operating such facility and the one-number
locator service. If the damage causes an emergency condition, the excavator causing the damage shall also alert the
appropriate local public safety agencies and take all appropriate steps to ensure the public safety. No damaged
underground facility may be buried until it is repaired or
relocated.
(2) The owner of the underground facilities damaged
shall arrange for repairs or relocation as soon as is practical
or may permit the excavator to do necessary repairs or
relocation at a mutually acceptable price. [1984 c 144 § 5.]
19.122.055 Failure to notify one-number locator
service—Civil penalty, if damages. (1) Any person who
fails to notify the one-number locator service and causes
damage to a hazardous liquid or gas pipeline is subject to a
civil penalty of not more than ten thousand dollars for each
violation.
(2) All civil penalties recovered under this section shall
be deposited into the pipeline safety account created in RCW
81.88.050. [2001 c 238 § 5; 2000 c 191 § 24.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
(2002 Ed.)
Underground Utilities
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.060 Exemption from notice and marking
requirements for property owners. An excavation of less
than twelve inches in vertical depth on private noncommercial property shall be exempt from the requirements of RCW
19.122.030, if the excavation is being performed by the
person or an employee of the person who owns or occupies
the property on which the excavation is being performed.
[1984 c 144 § 6.]
19.122.070 Civil penalties—Treble damages—
Existing remedies not affected. (1) Any person who
violates any provision of this chapter, and which violation
results in damage to underground facilities, is subject to a
civil penalty of not more than one thousand dollars for each
violation. All penalties recovered in such actions shall be
deposited in the general fund.
(2) Any excavator who wilfully or maliciously damages
a field-marked underground facility shall be liable for treble
the costs incurred in repairing or relocating the facility. In
those cases in which an excavator fails to notify known
underground facility owners or the one-number locator
service, any damage to the underground facility shall be
deemed wilful and malicious and shall be subject to treble
damages for costs incurred in repairing or relocating the
facility.
(3) This chapter does not affect any civil remedies for
personal injury or for property damage, including that to
underground facilities, nor does this chapter create any new
civil remedies for such damage. [1984 c 144 § 7.]
Damages to facilities on state highways: RCW 47.44.150.
19.122.075 Damage or removal of permanent
marking—Civil penalty. Any person who willfully
damages or removes a permanent marking used to identify
an underground facility or pipeline, or a temporary marking
prior to its intended use, is subject to a civil penalty of not
more than one thousand dollars for each act. [2000 c 191 §
23.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
19.122.080 Waiver of notification and marking
requirements. The notification and marking provisions of
this chapter may be waived for one or more designated
persons by an underground facility owner with respect to all
or part of that underground facility owner’s own underground facilities. [1984 c 144 § 8.]
19.122.900 Severability—1984 c 144. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 144 § 9.]
(2002 Ed.)
19.122.055
Chapter 19.126
WHOLESALE DISTRIBUTORS AND SUPPLIERS
OF WINE AND MALT BEVERAGES
Sections
19.126.010
19.126.020
19.126.030
19.126.040
19.126.050
19.126.060
19.126.070
19.126.080
19.126.900
19.126.901
Purpose.
Definitions.
Suppliers’ protections.
Distributors’ protections.
Suppliers’ prohibited acts.
Attorney’s fees—Costs.
Suspension or cancellation of license or certificate.
Civil actions—Injunctive relief.
Short title.
Severability—1984 c 169.
19.126.010 Purpose. (1) The legislature recognizes
that both suppliers and wholesale distributors of malt
beverages and wine are interested in the goal of best serving
the public interest through the fair, efficient, and competitive
distribution of such beverages. The legislature encourages
them to achieve this goal by:
(a) Assuring the wholesale distributor’s freedom to
manage the business enterprise, including the wholesale
distributor’s right to independently establish its selling
prices; and
(b) Assuring the supplier and the public of service from
wholesale distributors who will devote their best competitive
efforts and resources to sales and distribution of the
supplier’s products which the wholesale distributor has been
granted the right to sell and distribute.
(2) This chapter governs the relationship between
suppliers of malt beverages and wine and their wholesale
distributors to the full extent consistent with the Constitution
and laws of this state and of the United States. [1984 c 169
§ 1.]
19.126.020 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Agreement of distributorship" means any contract,
agreement, commercial relationship, license, association, or
any other arrangement, for a definite or indefinite period,
between a supplier and distributor.
(2) "Distributor" means any person, including but not
limited to a component of a supplier’s distribution system
constituted as an independent business, importing or causing
to be imported into this state, or purchasing or causing to be
purchased within this state, any malt beverage or wine for
sale or resale to retailers licensed under the laws of this
state, regardless of whether the business of such person is
conducted under the terms of any agreement with a malt
beverage or wine manufacturer.
(3) "Supplier" means any malt beverage or wine
manufacturer or importer who enters into or is a party to any
agreement of distributorship with a wholesale distributor.
"Supplier" does not include: (a) Any domestic winery
licensed pursuant to RCW 66.24.170; (b) any winery or
manufacturer of wine producing less than three hundred
thousand gallons of wine annually and holding a certificate
of approval issued pursuant to RCW 66.24.206; (c) any
domestic brewer or microbrewer licensed under RCW
66.24.240 and producing less than fifty thousand barrels of
[Title 19 RCW—page 197]
19.126.020
Title 19 RCW: Business Regulations—Miscellaneous
malt liquor annually; or (d) any brewer or manufacturer of
malt liquor producing less than fifty thousand barrels of malt
liquor annually and holding a certificate of approval issued
under RCW 66.24.270.
(4) "Malt beverage manufacturer" means every brewer,
fermenter, processor, bottler, or packager of malt beverages
located within or outside this state, or any other person,
whether located within or outside this state, who enters into
an agreement of distributorship for the resale of malt
beverages in this state with any wholesale distributor doing
business in the state of Washington.
(5) "Wine manufacturer" means every winery, processor,
bottler, or packager of wine located within or outside this
state, or any other person, whether located within or outside
this state who enters into an agreement of distributorship for
the resale of wine in this state with any wine wholesale
distributor doing business in the state of Washington.
(6) "Importer" means any distributor importing beer or
wine into this state for sale to retailer accounts or for sale to
other wholesalers designated as "subjobbers" for resale.
(7) "Person" means any natural person, corporation,
partnership, trust, agency, or other entity, as well as any
individual officers, directors, or other persons in active
control of the activities of such entity. [1997 c 321 § 41;
1984 c 169 § 2.]
Effective date—1997 c 321: See note following RCW 66.24.010.
19.126.030 Suppliers’ protections. Suppliers are
entitled to the following protections which shall be incorporated in the agreement of distributorship:
(1) Agreements between suppliers and wholesale
distributors shall be in writing;
(2) A wholesale distributor shall maintain the financial
and competitive capability necessary to achieve efficient and
effective distribution of the supplier’s products;
(3) A wholesale distributor shall maintain the quality
and integrity of the supplier’s product in the manner set forth
by the supplier;
(4) A wholesale distributor shall exert its best efforts to
sell the product of the supplier and shall merchandise such
products in the stores of its retail customers as agreed
between the wholesale distributor and supplier;
(5) The supplier may cancel or otherwise terminate any
agreement with a wholesale distributor immediately and
without notice if the reason for such termination is insolvency, the occurrence of an assignment for the benefit of creditors, bankruptcy, or suspension in excess of fourteen days
or revocation of a license issued by the state liquor board;
(6) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of any material
change in its ownership or management and the supplier has
the right to reasonable prior approval of any such change;
and
(7) A wholesale distributor shall give the supplier prior
written notice, of not less than ninety days, of the wholesale
distributor’s intent to cancel or otherwise terminate the
distributorship agreement. [1984 c 169 § 3.]
19.126.040 Distributors’ protections. Wholesale
distributors are entitled to the following protections which
shall be incorporated in the agreement of distributorship:
[Title 19 RCW—page 198]
(1) Agreements between wholesale distributors and
suppliers shall be in writing;
(2) A supplier shall give the wholesale distributor at
least sixty days prior written notice of the supplier’s intent
to cancel or otherwise terminate the agreement, unless such
termination is based on a reason set forth in RCW
19.126.030(5). The notice shall state all the reasons for the
intended termination or cancellation. Upon receipt of notice,
the wholesale distributor shall have sixty days in which to
rectify any claimed deficiency. If the deficiency is rectified
within this sixty-day period, the proposed termination or
cancellation is null and void and without legal effect;
(3) The wholesale distributor is entitled to compensation
for the laid-in cost of inventory and liquidated damages
measured on the fair market price of the business as provided for in the agreement for any termination of the agreement
by the supplier other than termination for cause, for failure
to live up to the terms and conditions of the agreement, or
any reason set forth in RCW 19.126.030(5); and
(4) The wholesale distributor may sell or transfer its
business, or any portion thereof, including the agreement, to
successors in interest upon prior approval of the transfer by
the supplier. No supplier may unreasonably withhold or
delay its approval of any transfer, including wholesaler’s
rights and obligations under the terms of the agreement, if
the person or persons to be substituted meet reasonable
standards imposed by the supplier. [1984 c 169 § 4.]
19.126.050 Suppliers’ prohibited acts. No supplier
may:
(1) Coerce or induce, or attempt to induce or coerce,
any wholesale distributor to engage in any illegal act or
course of conduct;
(2) Require a wholesale distributor to assent to any
unreasonable requirement, condition, understanding, or term
of an agreement which prohibits a wholesaler from selling
the product of any other supplier or suppliers;
(3) Require a wholesale distributor to accept delivery of
any product or any other item or commodity which was not
ordered by the wholesale distributor; or
(4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the
supplier’s products. [1985 c 440 § 1; 1984 c 169 § 5.]
19.126.060 Attorney’s fees—Costs. In any action
brought by a wholesale distributor or a supplier pursuant to
this chapter, the prevailing party shall be awarded its
reasonable attorney’s fees and costs. [1984 c 169 § 6.]
19.126.070 Suspension or cancellation of license or
certificate. Continued violation of this chapter constitutes
grounds, in the discretion of the state liquor control board,
for suspension or cancellation under RCW 66.24.010 of any
license or certificate held by a supplier or its agent. [1985
c 440 § 2.]
19.126.080 Civil actions—Injunctive relief. A
person injured by a violation of this chapter may bring a
civil action in a court of competent jurisdiction to enjoin
further violations. Injunctive relief may be granted in an
action brought under this chapter without the injured party
(2002 Ed.)
Wholesale Distributors and Suppliers of Wine and Malt Beverages
being required to post bond if, in the opinion of the court,
there exists a likelihood that the injured party will prevail on
the merits. [1985 c 440 § 3.]
19.126.900 Short title. This chapter may be known
and cited as the wholesale distributor/supplier equity agreement act. [1984 c 169 § 7.]
19.126.080
19.130.030 Certain advertising media—Application
of chapter. Nothing in this chapter applies to a radio
station, television station, publisher, printer, or distributor of
a newspaper, magazine, billboard, or other advertising
medium which accepts advertising in good faith without
knowledge of its violation of any provision of this chapter.
[1984 c 275 § 3.]
19.126.901 Severability—1984 c 169. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1984 c 169 § 9.]
19.130.040 Certain radio equipment—Application
of chapter. This chapter shall not apply to radio equipment
used for land, marine, or air mobile service, or any like
service, whether or not such equipment is capable of interconnection by manual or automatic means to a telephone
line. [1984 c 275 § 4.]
Chapter 19.130
TELEPHONE BUYERS’ PROTECTION ACT
19.130.050 Equipment not intended for connection
to telephone network and used equipment located on
customer’s premises—Application of chapter. This chapter shall not apply to equipment not intended for connection
to the telephone network, nor to used equipment located on
the customer’s premises. [1984 c 275 § 5.]
Sections
19.130.010 Legislative findings.
19.130.020 Sales of new or reconditioned telephone equipment—
Disclosure of certain information.
19.130.030 Certain advertising media—Application of chapter.
19.130.040 Certain radio equipment—Application of chapter.
19.130.050 Equipment not intended for connection to telephone network
and used equipment located on customer’s premises—
Application of chapter.
19.130.060 Violations—Application of consumer protection act.
19.130.900 Chapter cumulative.
19.130.901 Short title.
19.130.010 Legislative findings. The legislature finds
that the federal deregulation of the telephone industry
provides telephone users with the opportunity to purchase
and use telephone and other telecommunications equipment
suited to their needs. The legislature finds that competitive
markets function optimally when potential buyers have
adequate information about the capabilities and reliability of
the equipment offered for sale. The legislature further finds
that disclosure of certain product information will benefit
both buyers and sellers of telephone and other telecommunications equipment and is in the public interest. [1984 c 275
§ 1.]
19.130.020 Sales of new or reconditioned telephone
equipment—Disclosure of certain information. Any
person offering for sale or selling new or reconditioned telephone handsets or keysets, private branch exchanges, or
private automatic branch exchanges of not more than a
twenty-station capacity, shall clearly disclose prior to sale by
methods which may include posting of notice or printing on
the equipment package the following:
(1) Whether the equipment uses pulse, tone, pulse-ortone, or other signaling methods, and a general description
of the services that can be accessed through the equipment;
(2) Whether the equipment is registered with the federal
communications commission under the applicable federal
regulations;
(3) The person responsible for repair of the equipment;
(4) Standard repair charges, if any; and
(5) The terms of any written warranty offered with the
equipment. [1984 c 275 § 2.]
(2002 Ed.)
19.130.060 Violations—Application of consumer
protection act. Violation of this chapter constitutes a
violation of chapter 19.86 RCW, the consumer protection
act. It shall be presumed that damages to the consumer are
equal to the purchase price of any telephone equipment sold
in violation of this chapter up to one hundred dollars.
Additional damages must be proved. [1984 c 275 § 7.]
19.130.900 Chapter cumulative. The rights, obligations, and remedies under this chapter are in addition to any
rights, obligations, or remedies under federal statutes or
regulations or other state statutes or rules. [1984 c 275 § 6.]
19.130.901 Short title. This chapter may be known
and cited as the telephone buyers’ protection act. [1984 c
275 § 8.]
Chapter 19.134
CREDIT SERVICES ORGANIZATION ACT
Sections
19.134.010
19.134.020
19.134.030
19.134.040
19.134.050
19.134.060
19.134.070
19.134.080
19.134.900
Definitions.
Prohibited conduct.
Surety bond and trust account—Exception to requirement.
Information statement—Prerequisite to contract or payment—File maintained.
Information statement—Contents.
Contract for purchase of services—Contents—Notice of
cancellation—Buyer’s copy.
Waiver of rights—Violations—Enforcement—Unfair business practice.
Damages—Attorney’s fees.
Short title.
19.134.010 Definitions. As used in this chapter:
(1) "Buyer" means any individual who is solicited to
purchase or who purchases the services of a credit services
organization.
(2)(a) "Credit services organization" means any person
who, with respect to the extension of credit by others, sells,
[Title 19 RCW—page 199]
19.134.010
Title 19 RCW: Business Regulations—Miscellaneous
provides, performs, or represents that he or she can or will
sell, provide, or perform, in return for the payment of money
or other valuable consideration any of the following services:
(i) Improving, saving, or preserving a buyer’s credit
record, history, or rating;
(ii) Obtaining an extension of credit for a buyer;
(iii) Stopping, preventing, or delaying the foreclosure of
a deed of trust, mortgage, or other security agreement; or
(iv) Providing advice or assistance to a buyer with
regard to either (a)(i), (a)(ii), or (a)(iii) of this subsection.
(b) "Credit services organization" does not include:
(i) Any person authorized to make loans or extensions
of credit under the laws of this state or the United States
who is subject to regulation and supervision by this state or
the United States or a lender approved by the United States
secretary of housing and urban development for participation
in any mortgage insurance program under the national
housing act;
(ii) Any bank, savings bank, or savings and loan
institution whose deposits or accounts are eligible for
insurance by the federal deposit insurance corporation or the
federal savings and loan insurance corporation, or a subsidiary of such bank, savings bank, or savings and loan institution;
(iii) Any credit union, federal credit union, or out-ofstate credit union doing business in this state under chapter
31.12 RCW;
(iv) Any nonprofit organization exempt from taxation
under section 501(c)(3) of the internal revenue code;
(v) Any person licensed as a real estate broker by this
state if the person is acting within the course and scope of
that license;
(vi) Any person licensed as a collection agency pursuant
to chapter 19.16 RCW if acting within the course and scope
of that license;
(vii) Any person licensed to practice law in this state if
the person renders services within the course and scope of
his or her practice as an attorney;
(viii) Any broker-dealer registered with the securities
and exchange commission or the commodity futures trading
commission if the broker-dealer is acting within the course
and scope of that regulation;
(ix) Any consumer reporting agency as defined in the
federal fair credit reporting act, 15 U.S.C. Secs. 1681
through 1681t; or
(x) Any mortgage broker as defined in RCW 19.146.010
if acting within the course and scope of that definition.
(3) "Extension of credit" means the right to defer
payment of debt or to incur debt and defer its payment
offered or granted primarily for personal, family, or household purposes. [1989 c 303 § 1; 1986 c 218 § 2.]
19.134.020 Prohibited conduct. A credit services
organization, its salespersons, agents, and representatives,
and independent contractors who sell or attempt to sell the
services of a credit services organization may not do any of
the following:
(1) Charge or receive any money or other valuable
consideration prior to full and complete performance of the
services the credit services organization has agreed to
perform for the buyer, unless the credit services organization
[Title 19 RCW—page 200]
has obtained a surety bond of ten thousand dollars issued by
a surety company admitted to do business in this state and
established a trust account at a federally insured bank or
savings and loan association located in this state. The surety
bond shall run to the state of Washington and the buyers.
The surety bond shall be issued on the condition that the
principal comply with all provisions of this chapter and fully
perform on all contracts entered into with buyers. The
surety bond shall be continuous until canceled and shall
remain in full force and unimpaired at all times to comply
with this section. The surety’s liability for all claims in the
aggregate against the continuous bond shall not exceed the
penal sum of the bond. An action on the bond may be
brought by the state or by any buyer by filing a complaint in
a court of competent jurisdiction, including small claims
court, within one year of cancellation of the surety bond. A
complaint may be mailed by registered or certified mail,
return receipt requested, to the surety and shall constitute
good and sufficient service on the surety;
(2) Charge or receive any money or other valuable
consideration solely for referral of the buyer to a retail seller
who will or may extend credit to the buyer if the credit that
is or will be extended to the buyer is upon substantially the
same terms as those available to the general public;
(3) Make or counsel or advise any buyer to make any
statement that is untrue or misleading or that should be
known by the exercise of reasonable care to be untrue or
misleading, to a credit reporting agency or to any person
who has extended credit to a buyer or to whom a buyer is
applying for an extension of credit with respect to a buyer’s
credit worthiness, credit standing, or credit capacity;
(4) Make or use any untrue or misleading representations in the offer or sale of the services of a credit services
organization or engage, directly or indirectly, in any act,
practice, or course of business that operates or would operate
as fraud or deception upon any person in connection with the
offer or sale of the services of a credit services organization.
[1989 c 303 § 2; 1986 c 218 § 3.]
19.134.030 Surety bond and trust account—
Exception to requirement. If a credit services organization
is in compliance with RCW 19.134.020(1), the salesperson,
agent, or representative who sells the services of that
organization is not required to obtain a surety bond and
establish a trust account. [1986 c 218 § 4.]
19.134.040 Information statement—Prerequisite to
contract or payment—File maintained. Before the
execution of a contract or agreement between the buyer and
a credit services organization or before the receipt by the
credit services organization of any money or other valuable
consideration, whichever occurs first, the credit services
organization shall provide the buyer with a statement in writing, containing all the information required by RCW
19.134.050. The credit services organization shall maintain
on file for a period of two years an exact copy of the
statement, personally signed by the buyer, acknowledging
receipt of a copy of the statement. [1986 c 218 § 5.]
(2002 Ed.)
Credit Services Organization Act
19.134.050 Information statement—Contents. The
information statement required under RCW 19.134.040 shall
include all of the following:
(1)(a) A complete and accurate statement of the buyer’s
right to review any file on the buyer maintained by any
consumer reporting agency, as provided under the federal
Fair Credit Reporting Act, 15 U.S.C. Secs. 1681 through
1681t;
(b) A statement that the buyer may review his or her
consumer reporting agency file at no charge if a request is
made to the consumer credit reporting agency within thirty
days after receiving notice that credit has been denied; and
(c) The approximate price the buyer will be charged by
the consumer reporting agency to review his or her consumer
reporting agency file;
(2) A complete and accurate statement of the buyer’s
right to dispute the completeness or accuracy of any item
contained in any file on the buyer maintained by any
consumer reporting agency;
(3) A complete and detailed description of the services
to be performed by the credit services organization for the
buyer and the total amount the buyer will have to pay, or
become obligated to pay, for the services;
(4) A statement asserting the buyer’s right to proceed
against the bond or trust account required under RCW
19.134.020; and
(5) The name and address of the surety company that
issued the bond, or the name and address of the depository
and the trustee and the account number of the trust account.
[1986 c 218 § 6.]
19.134.060 Contract for purchase of services—
Contents—Notice of cancellation—Buyer’s copy. (1) Each
contract between the buyer and a credit services organization
for the purchase of the services of the credit services
organization shall be in writing, dated, signed by the buyer,
and include all of the following:
(a) A conspicuous statement in bold face type, in
immediate proximity to the space reserved for the signature
of the buyer, as follows: "You, the buyer, may cancel this
contract at any time prior to midnight of the fifth day after
the date of the transaction. See the attached notice of
cancellation form for an explanation of this right";
(b) The terms and conditions of payment, including the
total of all payments to be made by the buyer, whether to
the credit services organization or to some other person;
(c) A full and detailed description of the services to be
performed by the credit services organization for the buyer,
including all guarantees and all promises of full or partial
refunds, and the estimated date by which the services are to
be performed, or estimated length of time for performing the
services;
(d) The credit services organization’s principal business
address and the name and address of its agent in the state
authorized to receive service of process;
(2) The contract shall be accompanied by a completed
form in duplicate, captioned "Notice of Cancellation" that
shall be attached to the contract, be easily detachable, and
contain in bold face type the following statement written in
the same language as used in the contract.
(2002 Ed.)
19.134.050
"Notice of Cancellation
You may cancel this contract, without any
penalty or obligation within five days from the date
the contract is signed.
If you cancel any payment made by you under
this contract, it will be returned within ten days
following receipt by the seller of your cancellation
notice.
To cancel this contract, mail or deliver a
signed dated copy of this cancellation notice, or
any other written notice to (name of seller) at
(address of seller)
(place of business) not
later than midnight (date)
I hereby cancel this transaction,
(date)
(purchaser’s signature) "
The credit services organization shall give to the buyer
a copy of the completed contract and all other documents the
credit services organization requires the buyer to sign at the
time they are signed. [1986 c 218 § 7.]
19.134.070 Waiver of rights—Violations—
Enforcement—Unfair business practice. (1) Any waiver
by a buyer of any part of this chapter is void. Any attempt
by a credit services organization to have a buyer waive
rights given by this chapter is a violation of this chapter.
(2) In any proceeding involving this chapter, the burden
of proving an exemption or an exception from a definition
is upon the person claiming it.
(3) Any person who violates this chapter is guilty of a
gross misdemeanor. Any district court of this state has
jurisdiction in equity to restrain and enjoin the violation of
this chapter.
(4) This section does not prohibit the enforcement by
any person of any right provided by this or any other law.
(5) A violation of this chapter by a credit services
organization is an unfair business practice as provided in
chapter 19.86 RCW. [1986 c 218 § 8.]
19.134.080 Damages—Attorney’s fees. (1) Any
buyer injured by a violation of this chapter may bring any
action for recovery of damages. Judgment shall be entered
for actual damages, but in no case less than the amount paid
by the buyer to the credit services organization, plus reasonable attorney’s fees and costs. An award may also be entered for punitive damages.
(2) The remedies provided under this chapter are in
addition to any other procedures or remedies for any
violation or conduct provided for in any other law. [1986 c
218 § 9.]
19.134.900 Short title. This chapter may be known
and cited as the "credit services organizations act." [1986 c
218 § 1.]
[Title 19 RCW—page 201]
Chapter 19.138
Title 19 RCW: Business Regulations—Miscellaneous
Chapter 19.138
SELLERS OF TRAVEL
(Formerly: Travel charter and tour operators)
Sections
19.138.010
19.138.021
19.138.030
19.138.040
19.138.050
19.138.090
19.138.100
19.138.110
19.138.120
19.138.130
19.138.140
19.138.150
19.138.160
19.138.170
19.138.1701
19.138.180
19.138.190
19.138.200
19.138.210
19.138.220
19.138.230
19.138.240
19.138.250
19.138.260
19.138.270
19.138.280
19.138.290
19.138.300
19.138.310
19.138.320
19.138.330
19.138.900
19.138.901
19.138.902
19.138.903
19.138.904
Legislative finding and declaration.
Definitions.
Advertising—Restrictions—Records.
Written statement by seller of travel—Contents.
Cancellation—Refund—Material misrepresentation—
Exception.
Application of chapter to public charter operators.
Registration—Number posting, use—Duplicates—Fee—
Assignment, transfer—New owner—Exemption.
Registration—Application—Form—Rules—Report.
Registration—Renewal—Refusal—Notice—Hearing.
Registration—Denial, suspension, revocation, reinstatement.
Trust account—Filing—Notice of change—Other funds or
accounts—Rules—Exceptions.
Standard of duties, care.
Nonresident seller of travel—Director as attorney if none
appointed—Service of process—Notice.
Director—Powers and duties.
Reimbursement of appropriated funds—Fees.
Director—Investigations—Publication of violation.
Investigations—Powers of director, officer.
Director or individuals acting on director’s behalf—
Immunity.
Violations—Cease and desist order—Notice—Hearing.
Enjoining unregistered person—Additional to criminal liability.
Violation of injunction—Penalties—Jurisdiction.
Violations—Civil penalties—Hearing—Failure to pay.
Violation—Restitution assessed by director.
Registration prerequisite to suit.
Violations—Giving false information—Criminal penalties.
Action for damages—Costs, attorneys’ fees—No limitation
of consumer protection act.
Violations—Application of consumer protection act.
Administrative procedure act governs.
Filing public records—Making information public for public
interest.
Contract for sale of travel-related benefits—Cancellation—
Process—Seven calendar days—Written disclosure
required.
Uniform regulation of business and professions act.
Severability—1986 c 283.
Effective date—1986 c 283.
Severability—1994 c 237.
Effective date—1994 c 237.
Implementation—1994 c 237.
19.138.010 Legislative finding and declaration. The
legislature finds and declares that advertising, sales, and
business practices of certain sellers of travel have worked
financial hardship upon the people of this state; that the
travel business has a significant impact upon the economy
and well-being of this state and its people; that problems
have arisen regarding certain sales of travel; and that the
public welfare requires registration of sellers of travel in
order to eliminate unfair advertising, sales and business
practices. The legislature further finds it necessary to
establish standards that will safeguard the people against
financial hardship and to encourage fair dealing and prosperity in the travel business. [1994 c 237 § 1; 1986 c 283 § 1.]
19.138.021 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of licensing.
[Title 19 RCW—page 202]
(2) "Director" means the director of licensing or the
director’s designee.
(3) "Sale of travel-related benefits" means the sale of
travel services if the travel services are not identified at the
time of the sale with respect to dates, price, or location and
includes:
(a) Sales of travel club memberships;
(b) Sales of vacation certificates or other documents that
purport to grant the holder of the certificate or other document the ability to obtain future travel services, with or
without additional consideration; or
(c) Sales of travel-industry member benefits including
those through either or both the issuance and sale or the
consulting with or advising for consideration of persons in
connection with the obtaining of international airlines travel
agent network identification cards or memberships.
(4) "Travel club" means a seller of travel that sells
memberships to consumers, where the initial membership or
maintenance dues are at least twice the amount of the annual
membership or maintenance dues.
(5) "Seller of travel-related benefits" means a person,
firm, or corporation that transacts business with Washington
consumers for the sale of travel-related benefits.
(6) "Seller of travel" means a person, firm, or corporation both inside and outside the state of Washington, who
transacts business with Washington consumers.
(a) "Seller of travel" includes a travel agent and any
person who is an independent contractor or outside agent for
a travel agency or other seller of travel whose principal
duties include consulting with and advising persons concerning travel arrangements or accommodations in the conduct
or administration of its business. If a seller of travel is
employed by a seller of travel who is registered under this
chapter, the employee need not also be registered.
(b) "Seller of travel" does not include:
(i) An air carrier;
(ii) An owner or operator of a vessel, including an
ocean common carrier as defined in 46 U.S.C. App.
1702(18), an owner or charterer of a vessel that is required
to establish its financial responsibility in accordance with the
requirements of the federal maritime commission, 46 U.S.C.
App. 817 (e), and a steamboat company whether or not
operating over and upon the waters of this state;
(iii) A motor carrier;
(iv) A rail carrier;
(v) A charter party carrier of passengers as defined in
RCW 81.70.020;
(vi) An auto transportation company as defined in RCW
81.68.010;
(vii) A hotel or other lodging accommodation;
(viii) An affiliate of any person or entity described in (i)
through (vii) of this subsection (6)(b) that is primarily
engaged in the sale of travel services provided by the person
or entity. For purposes of this subsection (6)(b)(viii), an
"affiliate" means a person or entity owning, owned by, or
under common ownership, with "owning," "owned," and
"ownership" referring to equity holdings of at least eighty
percent;
(ix) Direct providers of transportation by air, sea, or
ground, or hotel or other lodging accommodations who do
not book or arrange any other travel services.
(2002 Ed.)
Sellers of Travel
(7) "Travel services" includes transportation by air, sea,
or ground, hotel or any lodging accommodations, package
tours, or vouchers or coupons to be redeemed for future
travel or accommodations for a fee, commission, or other
valuable consideration.
(8) "Advertisement" includes, but is not limited to, a
written or graphic representation in a card, brochure,
newspaper, magazine, directory listing, or display, and oral,
written, or graphic representations made by radio, television,
or cable transmission that relates to travel services.
(9) "Transacts business with Washington consumers"
means to directly offer or sell travel services or travel-related
benefits to Washington consumers, including the placement
of advertising in media based in the state of Washington or
that is primarily directed to Washington residents. Advertising placed in national print or electronic media alone does
not constitute "transacting business with Washington consumers." Those entities who only wholesale travel services
are not "transacting business with Washington consumers"
for the purposes of this chapter. [2001 c 44 § 1; 2000 c 171
§ 73; 1996 c 180 § 1; 1994 c 237 § 2.]
Effective date—1996 c 180: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 28, 1996]." [1996 c 180 § 10.]
19.138.030 Advertising—Restrictions—Records. A
seller of travel shall not advertise that any travel services are
or may be available unless he or she has, prior to the
advertisement, determined that the product advertised was
available at the time the advertising was placed. This determination can be made by the seller of travel either by use of
an airline computer reservation system, or by written
confirmation from the vendor whose program is being advertised.
It is the responsibility of the seller of travel to keep
written or printed documentation of the steps taken to verify
that the advertised offer was available at the time the
advertising was placed. These records are to be maintained
for at least one year after the placement of the advertisement. [1999 c 238 § 1; 1996 c 180 § 2; 1994 c 237 § 10;
1986 c 283 § 3.]
Severability—1999 c 238: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 238 § 8.]
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.040 Written statement by seller of travel—
Contents. At or prior to the time of full or partial payment
for any travel services, the seller of travel shall furnish to the
person making the payment a written statement conspicuously setting forth the information contained in subsections (1)
through (6) of this section. However, if payment is made
other than in person, the seller of travel shall transmit to the
person making the payment the written statement required by
this section within three business days of receipt or processing of the payment. The written statement shall contain the
following information:
(1) The name and business address and telephone
number of the seller of travel.
(2002 Ed.)
19.138.021
(2) The amount paid, the date of such payment, the
purpose of the payment made, and an itemized statement of
the balance due, if any.
(3) The registration number of the seller of travel
required by this chapter.
(4) The name of the vendor with whom the seller of
travel has contracted to provide travel arrangements for a
consumer and all pertinent information relating to the travel
as known by the seller of travel at the time of booking. The
seller of travel will make known further details as soon as
received from the vendor. All information will be provided
with final documentation.
(5) An advisory regarding the penalties that would be
charged in the event of a cancellation or change by the
customer. This may contain either: (a) The specific amount
of cancellation and change penalties; or (b) the following
statement: "Cancellation and change penalties apply to these
arrangements. Details will be provided upon request."
(6) A statement in eight-point boldface type in substantially the following form:
"If transportation or other services are canceled by the
seller of travel, all sums paid to the seller of travel for
services not performed in accordance with the contract
between the seller of travel and the purchaser will be
refunded within thirty days of receiving the funds from the
vendor with whom the services were arranged, or if the
funds were not sent to the vendor, the funds shall be
returned within fourteen days after cancellation by the seller
of travel to the purchaser unless the purchaser requests the
seller of travel to apply the money to another travel product
and/or date." [1999 c 238 § 2; 1996 c 180 § 3; 1994 c 237
§ 11; 1986 c 283 § 4.]
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.050 Cancellation—Refund—Material
misrepresentation—Exception. (1) If the transportation or
other services contracted for are canceled, or if the money is
to be refunded for any reason, the seller of travel shall
refund to the person with whom it contracts for travel
services, the money due the person within thirty days of
receiving the funds from the vendor with whom the services
were arranged. If the funds were not sent to the vendor and
remain in the possession of the seller of travel, the funds
shall be refunded within fourteen days.
(2) Any material misrepresentation with regard to the
transportation and other services offered shall be deemed to
be a cancellation necessitating the refund required by this
section.
(3) When travel services are paid to a vendor and
charged to a consumer’s credit card by the seller of travel,
and the arrangements are subsequently canceled by the
consumer, the vendor, or the seller of travel, any refunds to
the consumer’s credit card must be applied for within ten
days from the date of cancellation.
(4) The seller of travel shall not be obligated to refund
any cancellation penalties imposed by the vendor with whom
the services were arranged if these penalties were disclosed
in the statement required under RCW 19.138.040. [1994 c
237 § 12; 1986 c 283 § 5.]
[Title 19 RCW—page 203]
19.138.090
Title 19 RCW: Business Regulations—Miscellaneous
19.138.090 Application of chapter to public charter
operators. This chapter does not apply to the sale of public
transportation by a public charter operator who is complying
with regulations of the United States department of transportation. [1986 c 283 § 9.]
19.138.100 Registration—Number posting, use—
Duplicates—Fee—Assignment, transfer—New owner—
Exemption. No person, firm, or corporation may act or
hold itself out as a seller of travel unless, prior to engaging
in the business of selling or advertising to sell travel services
or travel-related benefits, the person, firm, or corporation
registers with the director under this chapter and rules
adopted under this chapter.
(1) The registration number must be conspicuously
posted in the place of business and must be included in all
advertisements. Sellers of travel are not required to include
registration numbers on institutional advertising. For the
purposes of this subsection, "institutional advertising" is
advertising that does not include prices or dates for travel
services.
(2) The director shall issue duplicate registrations upon
payment of a duplicate registration fee to valid registration
holders operating more than one office. The duplicate
registration fee for each office shall be an amount equal to
the original registration fee.
(3) No registration is assignable or transferable.
(4) If a registered seller of travel sells his or her
business, when the new owner becomes responsible for the
business, the new owner must comply with all provisions of
this chapter, including registration.
(5) If a seller of travel is employed by or under contract
as an independent contractor or an outside agent of a seller
of travel who is registered under this chapter, the employee,
independent contractor, or outside agent need not also be
registered if:
(a) The employee, independent contractor, or outside
agent is conducting business as a seller of travel in the name
of and under the registration of the registered seller of travel;
and
(b) All money received for travel services by the
employee, independent contractor, or outside agent is
collected in the name of the registered seller of travel and
processed by the registered seller of travel as required under
this chapter. [2001 c 44 § 4; 1999 c 238 § 3; 1996 c 180 §
4; 1994 c 237 § 3.]
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.110 Registration—Application—Form—
Rules—Report. An application for registration as a seller
of travel shall be submitted in the form prescribed by rule by
the director, and shall contain but not be limited to the
following:
(1) The name, address, and telephone number of the
seller of travel;
(2) Proof that the seller of travel holds a valid business
license in the state of its principal state of business;
(3) A registration fee in an amount determined under
RCW 43.24.086;
[Title 19 RCW—page 204]
(4) The names, business addresses, and business phone
numbers of all employees, independent contractors, or
outside agents who sell travel and are covered by the seller
of travel’s registration. This subsection shall not apply to
the out-of-state employees of a corporation that issues a class
of equity securities registered under section 12 of the
securities exchange act of 1934, and any subsidiary, the
majority of voting stock of which is owned by the corporation;
(5) A report prepared and signed by a bank officer,
licensed public accountant, or certified public accountant or
other report, approved by the director, that verifies that the
seller of travel maintains a trust account at a federally
insured financial institution located in Washington state, or
other approved account, the location and number of that trust
account or other approved account, and verifying that the
account exists as required by RCW 19.138.140. The
director, by rule, may permit alternatives to the report that
provides for at least the same level of verification. [1996 c
180 § 5; 1994 c 237 § 4.]
Effective date—1996 c 180: See note following RCW 19.138.021.
19.138.120 Registration—Renewal—Refusal—
Notice—Hearing. (Effective until January 1, 2003.) (1)
Each seller of travel shall renew its registration on or before
July 1 of every year or as otherwise determined by the
director.
(2) Renewal of a registration is subject to the same
provisions covering issuance, suspension, and revocation of
a registration originally issued.
(3) The director may refuse to renew a registration for
any of the grounds set out under RCW 19.138.130, and
where the past conduct of the applicant affords reasonable
grounds for belief that the applicant will not carry out the
applicant’s duties in accordance with law and with integrity
and honesty. The director shall promptly notify the applicant
in writing by certified mail of its intent to refuse to renew
the registration. The registrant may, within twenty-one days
after receipt of that notice or intent, request a hearing on the
refusal. The director may permit the registrant to honor
commitments already made to its customers, but no new
commitments may be incurred, unless the director is satisfied
that all new commitments are completely bonded or secured
to insure that the general public is protected from loss of
money paid to the registrant. It is the responsibility of the
registrant to contest the decision regarding conditions
imposed or registration denied through the process established by the administrative procedure act, chapter 34.05
RCW. [1999 c 238 § 4; 1994 c 237 § 5.]
Severability—1999 c 238: See note following RCW 19.138.030.
19.138.120 Registration—Renewal—Refusal—
Notice—Hearing. (Effective January 1, 2003.) (1) Each
seller of travel shall renew its registration on or before July
1st of every year or as otherwise determined by the director.
(2) Renewal of a registration is subject to the same
provisions covering disciplinary action as a registration
originally issued.
(3) The director may refuse to renew a registration for
any of the grounds set out under RCW 19.138.130 and
18.235.130, and where the past conduct of the applicant
(2002 Ed.)
Sellers of Travel
19.138.120
affords reasonable grounds for belief that the applicant will
not carry out the applicant’s duties in accordance with law
and with integrity and honesty. The director shall promptly
notify the applicant in writing by certified mail of its intent
to refuse to renew the registration. The registrant may
request a hearing on the refusal as provided in RCW
18.235.050. The director may permit the registrant to honor
commitments already made to its customers, but no new
commitments may be incurred, unless the director is satisfied
that all new commitments are completely bonded or secured
to ensure that the general public is protected from loss of
money paid to the registrant. [2002 c 86 § 277; 1999 c 238
§ 4; 1994 c 237 § 5.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Severability—1999 c 238: See note following RCW 19.138.030.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1996 c 180: See note following RCW 19.138.021.
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
19.138.130 Unprofessional conduct—Grounds—
Registration—Revocation and reinstatement—Support
order, noncompliance. (Effective January 1, 2003.) (1) In
addition to the unprofessional conduct described in RCW
18.235.130, the director may take disciplinary action based
on the following conduct, acts, or conditions if the applicant
or registrant:
(a) Was previously the holder of a registration issued
under this chapter, and the registration was revoked for
cause and never reissued by the director, or the registration
was suspended for cause and the terms of the suspension
have not been fulfilled;
(b) Suffers a judgment in a civil action involving willful
fraud, misrepresentation, or conversion;
(c) Has violated this chapter or failed to comply with a
rule adopted by the director under this chapter; or
(d) Has failed to display the registration as provided in
this chapter.
(2) If the seller of travel is found in violation of this
chapter or in violation of the consumer protection act,
chapter 19.86 RCW, by the entry of a judgment or by
settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the
registration at the director’s discretion.
(3) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 86 § 278; 1999 c 238 §
5; 1997 c 58 § 852; 1996 c 180 § 6; 1994 c 237 § 6.]
19.138.130 Registration—Denial, suspension,
revocation, reinstatement. (Effective until January 1,
2003.) (1) The director may deny, suspend, or revoke the
registration of a seller of travel if the director finds that the
applicant:
(a) Was previously the holder of a registration issued
under this chapter, and the registration was revoked for
cause and never reissued by the director, or the registration
was suspended for cause and the terms of the suspension
have not been fulfilled;
(b) Has been found guilty of a felony within the past ten
years involving moral turpitude, or of a misdemeanor
concerning fraud or conversion, or suffers a judgment in a
civil action involving willful fraud, misrepresentation, or
conversion;
(c) Has made a false statement of a material fact in an
application under this chapter or in data attached to it;
(d) Has violated this chapter or failed to comply with a
rule adopted by the director under this chapter;
(e) Has failed to display the registration as provided in
this chapter;
(f) Has published or circulated a statement with the
intent to deceive, misrepresent, or mislead the public; or
(g) Has committed a fraud or fraudulent practice in the
operation and conduct of a travel agency business, including,
but not limited to, intentionally misleading advertising.
(2) If the seller of travel is found in violation of this
chapter or in violation of the consumer protection act,
chapter 19.86 RCW, by the entry of a judgment or by
settlement of a claim, the director may revoke the registration of the seller of travel, and the director may reinstate the
registration at the director’s discretion.
(3) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1999 c
238 § 5; 1997 c 58 § 852; 1996 c 180 § 6; 1994 c 237 § 6.]
(2002 Ed.)
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1996 c 180: See note following RCW 19.138.021.
[Title 19 RCW—page 205]
19.138.140
Title 19 RCW: Business Regulations—Miscellaneous
19.138.140 Trust account—Filing—Notice of
change—Other funds or accounts—Rules—Exceptions.
(1) A seller of travel shall deposit in a trust account maintained in a federally insured financial institution located in
Washington state, or other account approved by the director,
all sums held for more than five business days that are
received from a person or entity, for retail travel services
offered by the seller of travel. This subsection does not
apply to travel services sold by a seller of travel, when
payments for the travel services are made through the airlines reporting corporation.
(2) The trust account or other approved account required
by this section shall be established and maintained for the
benefit of any person or entity paying money to the seller of
travel. The seller of travel shall not in any manner encumber the amounts in trust and shall not withdraw money from
the account except the following amounts may be withdrawn
at any time:
(a) Partial or full payment for travel services to the
entity directly providing the travel service;
(b) Refunds as required by this chapter;
(c) The amount of the sales commission;
(d) Interest earned and credited to the trust account or
other approved account;
(e) Remaining funds of a purchaser once all travel
services have been provided or once tickets or other similar
documentation binding upon the ultimate provider of the
travel services have been provided; or
(f) Reimbursement to the seller of travel for agency
operating funds that are advanced for a customer’s travel
services.
(3) The seller of travel may deposit noncustomer funds
into the trust account as needed in an amount equal to a
deficiency resulting from dishonored customer payments
made by check, draft, credit card, debit card, or other
negotiable instrument.
(4) At the time of registration, the seller of travel shall
file with the department the account number and the name
of the financial institution at which the trust account or other
approved account is held as set forth in RCW 19.138.110.
The seller of travel shall notify the department of any change
in the account number or location within one business day
of the change.
(5) The director, by rule, may allow for the use of other
types of funds or accounts only if the protection for consumers is no less than that provided by this section.
(6) The seller of travel need not comply with the
requirements of this section if all of the following apply,
except as exempted in subsection (1) of this section:
(a) The payment is made by credit card;
(b) The seller of travel does not deposit, negotiate, or
factor the credit card charge or otherwise seek to obtain
payment of the credit card charge to any account over which
the seller of travel has any control; and
(c) If the charge includes transportation, the carrier that
is to provide the transportation processes the credit card
charge, or if the charge is only for services, the provider of
services processes the credit card charges.
(7) The seller of travel need not maintain a trust account
nor comply with the trust account provisions of this section
if the seller of travel:
[Title 19 RCW—page 206]
(a)(i) Files and maintains a surety bond approved by the
director in an amount of not less than ten thousand nor more
than fifty thousand dollars, as determined by rule by the
director based on the gross income of business conducted by
the seller of travel during the prior year. The bond shall be
executed by the applicant as obligor by a surety company
authorized to transact business in this state naming the state
of Washington as obligee for the benefit of any person or
persons who have suffered monetary loss by reason of the
seller of travel’s violation of this chapter or a rule adopted
under this chapter. The bond shall be conditioned that the
seller of travel will conform to and abide by this chapter and
all rules adopted under this chapter, and shall reimburse any
person or persons who suffer monetary loss by reason of a
violation of this chapter or a rule adopted under this chapter.
(ii) The bond must be continuous and may be canceled
by the surety upon the surety giving written notice to the
director of the surety’s intent to cancel the bond. The
cancellation is effective thirty days after the notice is received by the director.
(iii) The applicant may obtain the bond directly from the
surety or through other bonding arrangement as approved by
the director.
(iv) In lieu of a surety bond, the applicant may, upon
approval by the director, file with the director a certificate of
deposit, an irrevocable letter of credit, or such other instrument as is approved by the director by rule, drawn in favor
of the director for an amount equal to the required bond.
(v) Any person or persons who have suffered monetary
loss by any act which constitutes a violation of this chapter
or a rule adopted under this chapter may bring a civil action
in court against the seller of travel and the surety upon such
bond or approved alternate security of the seller of travel
who committed the violation of this chapter or a rule
adopted under this chapter or who employed the seller of
travel who committed such violation. A civil action brought
in court pursuant to the provisions of this section must be
filed no later than one year following the later of the alleged
violation of this chapter or a rule adopted under this chapter
or completion of the travel by the customer; or
(b) Is a member in good standing in a professional
association, such as the United States tour operators association or national tour association, that is approved by the
director and that provides or requires a member to provide
a minimum of one million dollars in errors and professional
liability insurance and provides a surety bond or equivalent
protection in an amount of at least two hundred fifty
thousand dollars for its member companies.
(8) If the seller of travel maintains its principal place of
business in another state and maintains a trust account or
other approved account in that state consistent with the
requirement of this section, and if that seller of travel has
transacted business within the state of Washington in an
amount exceeding five million dollars for the preceding year,
the out-of-state trust account or other approved account may
be substituted for the in-state account required under this
section. [1999 c 238 § 6; 1996 c 180 § 7; 1994 c 237 § 8.]
Severability—1999 c 238: See note following RCW 19.138.030.
Effective date—1996 c 180: See note following RCW 19.138.021.
(2002 Ed.)
Sellers of Travel
19.138.150 Standard of duties, care. A seller of
travel shall perform its duties reasonably and with ordinary
care in providing travel services. [1994 c 237 § 9.]
19.138.150
(6) To do all things necessary to carry out the functions,
powers, and duties set forth in this chapter. [1999 c 238 §
7; 1994 c 237 § 13.]
Severability—1999 c 238: See note following RCW 19.138.030.
19.138.160 Nonresident seller of travel—Director as
attorney if none appointed—Service of process—Notice.
(1) A nonresident seller of travel soliciting business or
selling travel in the state of Washington, by mail, telephone,
or otherwise, either directly or indirectly, is deemed, absent
any other appointment, to have appointed the director to be
the seller of travel’s true and lawful attorney upon whom
may be served any legal process against that nonresident
arising or growing out of a transaction involving travel
services or the sale of travel-related benefits. That solicitation signifies the nonresident’s agreement that process
against the nonresident that is served as provided in this
chapter is of the same legal force and validity as if served
personally on the nonresident seller of travel.
(2) Service of process upon a nonresident seller of travel
shall be made by leaving a copy of the process with the
director. The fee for the service of process shall be determined by the director by rule. That service is sufficient
service upon the nonresident if the plaintiff or plaintiff’s
attorney of record sends notice of the service and a copy of
the process by certified mail before service or immediately
after service to the defendant at the address given by the
nonresident in a solicitation furnished by the nonresident,
and the sender’s post office receipt of sending and the
plaintiff’s or plaintiff’s attorney’s affidavit of compliance
with this section are returned with the process in accordance
with Washington superior court civil rules. Notwithstanding
the foregoing requirements, however, once service has been
made on the director as provided in this section, in the event
of failure to comply with the requirement of notice to the
nonresident, the court may order that notice be given that
will be sufficient to apprise the nonresident. [2001 c 44 §
5; 1994 c 237 § 14.]
19.138.170 Director—Powers and duties. (Effective
until January 1, 2003.) The director has the following
powers and duties:
(1) To adopt, amend, and repeal rules to carry out the
purposes of this chapter;
(2) To issue and renew registrations under this chapter
and to deny or refuse to renew for failure to comply with
this chapter;
(3) To suspend or revoke a registration for a violation
of this chapter;
(4) To establish fees;
(5) Upon receipt of a complaint, to inspect and audit the
books and records of a seller of travel. The seller of travel
shall immediately make available to the director those books
and records as may be requested at the seller of travel’s
place of business or at a location designated by the director.
For that purpose, the director shall have full and free access
to the office and places of business of the seller of travel
during regular business hours. When ten or more complaints
have been received by either the department or the attorney
general on a seller of travel within a period of ninety days,
the department shall inspect and audit books and records of
the seller of travel; and
(2002 Ed.)
19.138.170 Director—Powers and duties. (Effective
January 1, 2003.) The director has the following powers
and duties:
(1) To adopt, amend, and repeal rules to carry out the
purposes of this chapter;
(2) To establish fees;
(3) Upon receipt of a complaint, to inspect and audit the
books and records of a seller of travel. The seller of travel
shall immediately make available to the director those books
and records as may be requested at the seller of travel’s
place of business or at a location designated by the director.
For that purpose, the director shall have full and free access
to the office and places of business of the seller of travel
during regular business hours. When ten or more complaints
have been received by either the department or the attorney
general on a seller of travel within a period of ninety days,
the department shall inspect and audit books and records of
the seller of travel; and
(4) To do all things necessary to carry out the functions,
powers, and duties set forth in this chapter. [2002 c 86 §
279; 1999 c 238 § 7; 1994 c 237 § 13.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Severability—1999 c 238: See note following RCW 19.138.030.
19.138.1701 Reimbursement of appropriated
funds—Fees. Any state funds appropriated to the department of licensing for implementation of chapter 237, Laws
of 1994 for the biennium ending June 30, 1995, shall be
reimbursed by June 30, 1997, by an assessment of fees
sufficient to cover all costs of implementing chapter 237,
Laws of 1994. [1994 c 237 § 30.]
19.138.180 Director—Investigations—Publication of
violation. (Effective until January 1, 2003.) The director,
in the director’s discretion, may:
(1) Annually, or more frequently, make public or private
investigations within or without this state as the director
deems necessary to determine whether a registration should
be granted, denied, revoked, or suspended, or whether a
person has violated or is about to violate this chapter or a
rule adopted or order issued under this chapter, or to aid in
the enforcement of this chapter or in the prescribing of rules
and forms of this chapter;
(2) Publish information concerning a violation of this
chapter or a rule adopted or order issued under this chapter;
and
(3) Investigate complaints concerning practices by
sellers of travel for which registration is required by this
chapter. [1994 c 237 § 15.]
19.138.180 Director—Investigations—Publication of
violation. (Effective January 1, 2003.) The director, in the
director’s discretion, may:
[Title 19 RCW—page 207]
19.138.180
Title 19 RCW: Business Regulations—Miscellaneous
(1) Annually, or more frequently, make public or private
investigations within or without this state as the director
deems necessary to determine whether a registration should
be subject to disciplinary action, or whether a person has
violated or is about to violate this chapter or a rule adopted
or order issued under this chapter, or to aid in the enforcement of this chapter or in the prescribing of rules and forms
of this chapter;
(2) Publish information concerning a violation of this
chapter or a rule adopted or order issued under this chapter;
and
(3) Investigate complaints concerning practices by
sellers of travel for which registration is required by this
chapter. [2002 c 86 § 280; 1994 c 237 § 15.]
hearing within fifteen days after the receipt of the notice.
[1994 c 237 § 17.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.220 Enjoining unregistered person—
Additional to criminal liability. (Effective until January
1, 2003.) The attorney general, a county prosecuting attorney, the director, or any person may, in accordance with
the law of this state governing injunctions, maintain an
action in the name of this state to enjoin a seller of travel for
which registration is required by this chapter without
registration from engaging in the practice until the required
registration is secured. However, the injunction shall not
relieve the person or entity selling travel services or selling
travel-related benefits without registration from criminal
prosecution therefor, but the remedy by injunction shall be
in addition to any criminal liability. [2001 c 44 § 3; 1994 c
237 § 18.]
19.138.190 Investigations—Powers of director,
officer. (Effective until January 1, 2003.) For the purpose
of an investigation or proceeding under this chapter, the
director or any officer designated by the director may
administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the
director deems relevant or material to the inquiry. [1994 c
237 § 16.]
19.138.230 Violation of injunction—Penalties—
Jurisdiction. (Effective until January 1, 2003.) A person
or business that violates an injunction issued under this
chapter shall pay a civil penalty, as determined by the court,
of not more than twenty-five thousand dollars, that shall be
paid to the department. For the purpose of this section, the
superior court issuing an injunction shall retain jurisdiction
and the cause shall be continued, and in such cases the
attorney general acting in the name of the state may petition
for the recovery of civil penalties. [1994 c 237 § 19.]
19.138.200 Director or individuals acting on
director’s behalf—Immunity. (Effective until January 1,
2003.) The director or individuals acting on the director’s
behalf are immune from suit in any action, civil or criminal,
based on disciplinary proceedings or other official acts performed in the course of their duties in the administration and
enforcement of this chapter. [1994 c 237 § 20.]
19.138.240 Violations—Civil penalties—Hearing—
Failure to pay. (Effective until January 1, 2003.) (1) The
director may assess against a person or organization that violates this chapter, or a rule adopted under this chapter, a civil
penalty of not more than one thousand dollars for each
violation.
(2) The person or organization shall be afforded the
opportunity for a hearing, upon request made to the director
within thirty days after the date of issuance of the notice of
assessment. The hearing shall be conducted in accordance
with chapter 34.05 RCW.
(3) A civil penalty shall be imposed by the court for
each violation of this chapter in an amount not less than five
hundred dollars nor more than two thousand dollars per
violation.
(4) If a person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the state, the director may
recover the amount assessed by action in the appropriate
superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be
subject to review. [1994 c 237 § 21.]
19.138.200 Director or individuals acting on
director’s behalf—Immunity. (Effective January 1, 2003.)
The director or individuals acting on the director’s behalf are
immune from suit in any action, civil or criminal, based on
acts performed in the course of their duties in the administration and enforcement of this chapter. [2002 c 86 § 281;
1994 c 237 § 20.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.210 Violations—Cease and desist order—
Notice—Hearing. (Effective until January 1, 2003.) If it
appears to the director that a person has engaged in an act or
practice constituting a violation of this chapter or a rule
adopted or order issued under this chapter, the director may,
in the director’s discretion, issue an order directing the
person to cease and desist from continuing the act or practice. Reasonable notice of an opportunity for a hearing shall
be given. The director may issue a temporary order pending
the hearing, which shall remain in effect until ten days after
the hearing is held and which shall become final if the
person to whom the notice is addressed does not request a
[Title 19 RCW—page 208]
19.138.240 Violations—Civil penalties—Failure to
pay. (Effective January 1, 2003.) (1) A civil penalty shall
be imposed by the court for each violation of this chapter in
an amount not less than five hundred dollars nor more than
two thousand dollars per violation.
(2) If a person fails to pay an assessment after it has
become a final and unappealable order, or after the court has
entered final judgment in favor of the state, the director may
recover the amount assessed by action in the appropriate
(2002 Ed.)
Sellers of Travel
19.138.240
superior court. In the action, the validity and appropriateness of the final order imposing the penalty shall not be
subject to review. [2002 c 86 § 282; 1994 c 237 § 21.]
ble, govern the rights, remedies, and procedures respecting
the administration of this chapter. [1994 c 237 § 25.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.310 Filing public records—Making information public for public interest. All information, documents,
and reports filed with the director under this chapter are
matters of public record and shall be open to public inspection, subject to reasonable regulation. The director may
make public, on a periodic or other basis, the information as
may be necessary or appropriate in the public interest
concerning the registration, reports, and information filed
with the director or any other matters to the administration
and enforcement of this chapter. [1994 c 237 § 26.]
19.138.250 Violation—Restitution assessed by
director. The director may assess against a person or
organization that violates this chapter, or a rule adopted
under this chapter, the full amount of restitution as may be
necessary to restore to a person an interest in money or
property, real or personal, that may have been acquired by
means of an act prohibited by or in violation of this chapter.
[1994 c 237 § 22.]
19.138.260 Registration prerequisite to suit. In
order to maintain or defend a lawsuit, a seller of travel must
be registered with the department as required by this chapter
and rules adopted under this chapter. [1994 c 237 § 23.]
19.138.270 Violations—Giving false information—
Criminal penalties. (1) Each person who knowingly
violates this chapter or who knowingly gives false or
incorrect information to the director, attorney general, or
county prosecuting attorney in filing statements required by
this chapter, whether or not the statement or report is
verified, is guilty of a gross misdemeanor punishable under
chapter 9A.20 RCW.
(2) A person who violates this chapter or who gives
false or incorrect information to the director, attorney
general, or county prosecuting attorney in filing statements
required by this chapter, whether or not the statement or
report is verified, is guilty of a misdemeanor punishable
under chapter 9A.20 RCW. [1994 c 237 § 24.]
19.138.280 Action for damages—Costs, attorneys’
fees—No limitation of consumer protection act. In
addition to any other penalties or remedies under chapter
19.86 RCW, a person who is injured by a violation of this
chapter may bring an action for recovery of actual damages,
including court costs and attorneys’ fees. No provision in
this chapter shall be construed to limit any right or remedy
provided under chapter 19.86 RCW. [1994 c 237 § 28.]
19.138.290 Violations—Application of consumer
protection act. The legislature finds that the practices
governed by this chapter are matters vitally affecting the
public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Any violation of this
chapter is not reasonable in relation to the development and
preservation of business and is an unfair and deceptive act
or practice and unfair method of competition in the conduct
of trade or commerce in violation of RCW 19.86.020.
Remedies provided by chapter 19.86 RCW are cumulative
and not exclusive. [1994 c 237 § 27.]
19.138.300 Administrative procedure act governs.
(Effective until January 1, 2003.) The administrative
procedure act, chapter 34.05 RCW, shall, wherever applica(2002 Ed.)
19.138.320 Contract for sale of travel-related
benefits—Cancellation—Process—Seven calendar days—
Written disclosure required. (1) A contract for the sale of
travel-related benefits may be canceled at the option of the
purchaser if the purchaser sends notice of the cancellation by
certified mail, return receipt requested, to the seller of travelrelated benefits at the address contained in the contract and
if the notice is postmarked not later than midnight of the
seventh calendar day following the day on which the
contract is signed or any membership card and all membership materials are received by the purchaser, whichever is
later. In addition to this cancellation right, a purchaser who
signs a contract for the sale of travel-related benefits of any
description from a seller of travel-related benefits without
having received the written disclosures required in subsection
(2) of this section has cancellation rights until seven calendar
days after the receipt of the written disclosures. A purchaser
must request cancellation of a contract by sending the notice
of cancellation by certified mail, return receipt requested,
postmarked not later than midnight of the seventh calendar
day following the day on which the contract is signed, any
membership card and all membership materials are received
by the purchaser, or the day on which the disclosures were
actually received, whichever is later, to the seller of travelrelated benefits at the address contained in the contract. The
purchaser may use the cancellation form prescribed in
subsection (2) of this section, however, notice of cancellation
is sufficient if it indicates the intention of the purchaser not
to be bound by the contract. The purchaser’s right of
cancellation of a contract for the sale of travel-related
benefits may not be waived.
(2) A contract for the sale of travel-related benefits must
include the following statement in at least ten-point bold-face
type immediately before the space for the purchaser’s
signature:
"Purchaser’s right to cancel: You may cancel this
contract without any cancellation fee or other penalty, or
stated reason for doing so, by sending notice of cancellation
by certified mail, return receipt requested, to . . . (insert
name of the seller of travel-related benefits) at the address
indicated below. The notice must be postmarked by midnight of the seventh calendar day following the day on
which this contract is signed by you or the day any membership card and all membership materials are received by
you, whichever is later. The day on which the contract was
signed is not included as a "calendar day," and if the seventh
calendar day falls on a Sunday or legal holiday, then the
[Title 19 RCW—page 209]
19.138.320
Title 19 RCW: Business Regulations—Miscellaneous
right to cancel this contract expires on the day immediately
following that Sunday or legal holiday.
TO CANCEL THIS CONTRACT, SEND A COPY OF
THIS NOTICE OF CANCELLATION OR OTHER WRITTEN NOTICE OF CANCELLATION TO:
...........
(Name of Seller)
...........
(Address of Seller)
(Date)
I HEREBY CANCEL THIS CONTRACT
(Date)
...........
(Purchaser’s Signature)
...........
(Printed Name)
...........
(Purchaser’s Address)"
(3) Within seven calendar days following timely receipt
of notice of cancellation from the purchaser, the seller of
travel-related benefits shall provide evidence that the contract
has been canceled and return any money or other consideration paid by the purchaser. However, the seller of travelrelated benefits may retain payments made for specific travel
services utilized by the purchaser. [2001 c 44 § 2.]
19.138.330 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 283.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.138.900 Severability—1986 c 283. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1986 c 283 § 11.]
19.138.901 Effective date—1986 c 283. This act
shall take effect January 1, 1987. [1986 c 283 § 12.]
19.138.902 Severability—1994 c 237. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1994 c 237 § 32.]
19.138.903 Effective date—1994 c 237. Sections 1
through 29 of this act shall take effect January 1, 1996.
[1994 c 237 § 33.]
19.138.904 Implementation—1994 c 237. The
director of licensing, beginning July 1, 1995, may take such
[Title 19 RCW—page 210]
steps as are necessary to ensure that this act is implemented
on its *effective date[s]. [1994 c 237 § 35.]
*Reviser’s note: 1994 c 237 has different effective dates. The
effective date for sections 1 through 29 is January 1, 1996, and the effective
date for the remainder of the act is June 9, 1994.
Chapter 19.142
HEALTH STUDIO SERVICES
Sections
19.142.005 Findings and declaration.
19.142.010 Definitions.
19.142.020 Membership plans—Special offers—Misrepresentations
prohibited.
19.142.030 Written contract required.
19.142.040 Contents of contract.
19.142.050 Notice of cancellation—Refund.
19.142.060 Trust account—Written receipt—Record of deposits—
Buyers’ claims.
19.142.070 Surety bond in lieu of trust account.
19.142.080 Failure to comply with bond or trust account requirements—
Class C felony.
19.142.090 Waivers of this chapter—Contracts not in compliance with
this chapter—Void and unenforceable.
19.142.100 Violations—Application of consumer protection act.
19.142.110 Attorneys’ fees.
19.142.900 Chapter cumulative and nonexclusive.
19.142.901 Prospective application of chapter.
19.142.005 Findings and declaration. The legislature
finds that there exist in connection with a substantial number
of contracts for health studio services certain practices and
business methods which have worked undue financial
hardship upon some of the citizens of the state and that
existing legal remedies are inadequate to correct existing
problems in the industry. The legislature declares that it is
a matter of public interest that the citizens of our state be
assured reasonable protection when contracting for health
studio services. [1987 c 317 § 1.]
19.142.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Business day" means any day except a Sunday or
a legal holiday.
(2) "Buyer" or "member" means a person who purchases
health studio services.
(3) "Health studio" includes any person or entity
engaged in the sale of instruction, training, assistance or use
of facilities which purport to assist patrons to improve their
physical condition or appearance through physical exercise,
body building, weight loss, figure development, the martial
arts, or any other similar activity. For the purposes of this
chapter, "health studio" does not include: (a) Public common schools, private schools approved under RCW
28A.195.010, and public or private institutions of higher
education; (b) persons providing professional services within
the scope of a person’s license under Title 18 RCW; (c)
bona fide nonprofit organizations which have been granted
tax-exempt status by the Internal Revenue Service, the
functions of which as health studios are only incidental to
their overall functions and purposes; (d) a person or entity
which offers physical exercise, body building, figure development or similar activities as incidental features of a plan
(2002 Ed.)
Health Studio Services
of instruction or assistance relating to diet or control of
eating habits; (e) bona fide nonprofit corporations organized
under chapter 24.03 RCW which have members and whose
members have meaningful voting rights to elect and remove
a board of directors which is responsible for the operation of
the health club and corporation; and (f) a preexisting facility
primarily offering aerobic classes, where the initiation fee is
less than fifty dollars and no memberships are sold which
exceed one year in duration. For purposes of this subsection, "preexisting facility" means an existing building used
for health studio services covered by the fees collected.
(4) "Health studio services" means instruction, services,
privileges, or rights offered for sale by a health studio.
"Health studio services" do not include: (a) Instruction or
assistance relating to diet or control of eating habits not
involving substantial on-site physical exercise, body building,
figure development, or any other similar activity; or (b)
recreational or social programs which either involve no
physical exercise or exercise only incidental to the program.
(5) "Initiation or membership fee" means a fee paid
either in a lump sum or in installments within twelve months
of execution of the health studio services contract on a onetime basis when a person first joins a health studio for the
privilege of belonging to the health studio.
(6) "Special offer or discount" means any offer of health
studio services at a reduced price or without charge to a
prospective member.
(7) "Use fees or dues" means fees paid on a regular
periodic basis for use of a health studio. This does not
preclude prepayment of use fees at the buyer’s option.
[1990 c 55 § 1; 1990 c 33 § 556; 1987 c 317 § 2.]
Reviser’s note: This section was amended by 1990 c 33 § 556 and
by 1990 c 55 § 1, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
19.142.020 Membership plans—Special offers—
Misrepresentations prohibited. (1) Each health studio shall
prepare and provide to each prospective buyer a written
comprehensive list of all membership plans of health studio
services offered for sale by the health studio. The list shall
contain a description and the respective price of each
membership plan of health studio services offered.
(2) A health studio is prohibited from selling a membership plan of health studio services not included in the list.
(3) A health studio is prohibited from making a special
offer or offering a discount unless such special offer or
discount is made in writing and available to all prospective
members: PROVIDED, That a special offer or discount
offered to groups need not be available to all similarlysituated prospective members.
(4) A health studio is prohibited from making any
misrepresentation to any prospective buyer or current
member regarding qualifications of staff, availability or
quality of facilities or services, or results obtained through
exercise, body building, figure development, or weight loss
programs, or the present or maximum number of customers
who may contract to use the facilities or services. [1987 c
317 § 3.]
(2002 Ed.)
19.142.010
19.142.030 Written contract required. A contract
for the sale of health studio services shall be in writing. A
copy of the contract, as well as the rules of the health studio
if not stated in the contract, shall be given to the buyer when
the buyer signs the contract. [1987 c 317 § 4.]
19.142.040 Contents of contract. A contract for
health studio services shall include all of the following:
(1) The name and address of the health studio facilities
operator;
(2) The date the buyer signed the contract;
(3) A description of the health studio services and
general equipment to be provided, or acknowledgement in a
conspicuous form that the buyer has received a written
description of the health studio services and equipment to be
provided. If any of the health studio services or equipment
are to be delivered at a planned facility, at a facility under
construction, or through substantial improvements to an
existing facility, the description shall include a date for
completion of the facility, construction, or improvement.
Health studio services must begin within twelve months from
the date the contract is signed unless the completion of the
facility, construction, or improvement is delayed due to war,
or fire, flood, or other natural disaster;
(4) A statement of the duration of the contract. No
contract for health studio services may require payments or
financing by the buyer over a period in excess of thirty-six
months from the date of the contract, nor may any contract
term be measured by or be for the life of the buyer;
(5) The use fees or dues to be paid by the buyer and if
such fees are subject to periodic adjustment. Use fees or
dues may not be raised more than once in any calendar year;
(6) A complete statement of the rules of the health
studio or an acknowledgement in a conspicuous form that
the buyer has received a copy of the rules;
(7) Clauses which notify the buyer of the right to
cancel:
(a) If the buyer dies or becomes totally disabled. The
contract may require that the disability be confirmed by an
examination of a physician agreeable to the buyer and the
health studio;
(b)(i) Subject to (b)(ii) of this subsection, if the buyer
moves his or her permanent residence to a location more
than twenty-five miles from the health studio or an affiliated
health studio offering the same or similar services and
facilities at no additional expense to the buyer and the buyer
cancels after one year from signing the contract if the
contract extends for more than one year. The health studio
may require reasonable evidence of relocation;
(ii) If at the time of signing the contract requiring
payment of an initiation or membership fee the buyer lived
more than twenty-five miles from the health studio, the
buyer may cancel under (7)(b)(i) of this section only if the
buyer moves an additional five miles or more from the
health studio.
(c) If a contract extends for more than one year, the
buyer may cancel the contract for any reason upon thirty
days’ written notice to the health studio;
(d) If the health studio facilities are permanently closed
and comparable facilities owned and operated by the seller
[Title 19 RCW—page 211]
19.142.040
Title 19 RCW: Business Regulations—Miscellaneous
are not made available within a ten-mile radius of the closed
facility;
(e) If a facility, construction, or improvement is not
completed by the date represented by the contract;
(f) If the contract for health studio services was sold
prior to the opening of the facility, the buyer may cancel
within the first five business days the facility opens for use
of the buyer and the health studio begins to provide the
agreed upon health studio services;
(8) Clauses explaining the buyer’s right to a refund and
relief from future payment obligations after cancellation of
the contract;
(9) A provision under a conspicuous caption in capital
letters and boldface type stating substantially the following:
"BUYER’S RIGHT TO CANCEL
If you wish to cancel this contract without
penalty, you may cancel it by delivering or mailing
a written notice to the health studio. The notice
must say that you do not wish to be bound by the
contract and must be delivered or mailed before
midnight of the third business day after you sign
this contract. The notice must be mailed to
. . . . . . (insert name and mailing address of health
studio). If you cancel within the three days, the
health studio will return to you within thirty days
all amounts you have paid."
[1990 c 55 § 2; 1987 c 317 § 5.]
19.142.050 Notice of cancellation—Refund. After
receipt of a written notice of cancellation, the health studio
shall provide a refund to the buyer within thirty days. The
health studio may require the buyer to return any membership card or other materials which evidence membership in
the health studio. The buyer is entitled to a refund and relief
from future obligations for payments of initiation or membership fees and use fees or dues as follows:
(1) The buyer is entitled to a refund of the unused
portion of any prepaid use fees or dues and relief from
future obligations to pay use fees or dues concerning use
after the date of cancellation.
(2)(a) Subject to (b) of this subsection, if a contract
includes a one-time only initiation or membership fee and
the buyer cancels pursuant to RCW 19.142.040(7)(a), the
buyer is entitled to a pro rata refund of the fee less a
predetermined amount not to exceed one-half of the initial
initiation or membership fee if the contract clearly states
what percentage of the fee is nonrefundable or refundable.
(b) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7)(a) three years or more after the signing of the
contract requiring payment of such fee, such fee is
nonrefundable.
(3) If a contract includes an initiation or membership fee
and the buyer cancels pursuant to RCW 19.142.040(7) (b) or
(c), the buyer is entitled to a pro rata refund of the fee less
a predetermined amount not to exceed one-half of the initial
initiation or membership fee unless the following clause is
contained in the contract and signed separately by the buyer.
The clause shall be placed under a conspicuous caption in
capital letters and bold face type stating the following:
[Title 19 RCW—page 212]
NONREFUNDABLE AMOUNT
I UNDERSTAND THAT I HAVE PAID OR AM OBLIGATED TO PAY . . . . . . AS AN INITIATION OR
MEMBERSHIP FEE, AND THAT UNDER NO CIRCUMSTANCES IS ANY PORTION OF THIS AMOUNT
REFUNDABLE.
......................
(Buyer’s Signature)
(4) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7)(d), the buyer is entitled to a pro rata refund of
the fee.
(5) If a contract includes a one-time only initiation or
membership fee and the buyer cancels pursuant to RCW
19.142.040(7) (e) or (f), the buyer is entitled to a full refund
of the fee.
If a buyer is entitled to a pro rata refund under this
section, the amount shall be computed by dividing the
contract price by the number of weeks in the contract term
and multiplying the result by the number of weeks remaining
in the contract term. If no term is stated in the contract, a
term of thirty-six months shall be used. [1990 c 55 § 3;
1987 c 317 § 6.]
19.142.060 Trust account—Written receipt—Record
of deposits—Buyers’ claims. (1) All moneys paid to a
health studio prior to the opening of the facility shall
immediately be deposited in a trust account of a federally
insured financial institution located in this state. The trust
account shall be designated and maintained for the benefit of
health studio members. Moneys maintained in the trust
account shall be exempt from execution, attachment, or
garnishment. A health studio shall not in any way encumber
the corpus of the trust account or commingle any other
operating funds with trust account funds. Withdrawals from
the trust account shall be made no sooner than thirty days
after the opening of the entire facility.
(2) The health studio shall within seven days of the first
deposit notify the office of the attorney general in writing,
of the name, address, and location of the depository and any
subsequent change thereof.
(3) The health studio shall provide the buyer with a
written receipt for the money and shall provide written
notice of the name, address, and location of the depository
and any subsequent change thereof.
(4) The health studio shall maintain a record of each
trust account deposit, including the name and address of each
member whose funds are being deposited, the amount paid
and the date of the deposit. Upon request of the attorney
general’s office, upon five days’ notice, such records shall be
produced for inspection.
(5) If prior to the opening of the facility the status of
the health studio is transferred to another, any sums in the
trust account affected by the transfer shall simultaneously be
transferred to an equivalent trust account of the successor,
and the successor shall promptly notify the buyer and the
office of the attorney general of the transfer and of the
name, address, and location of the new depository.
(2002 Ed.)
Health Studio Services
(6) The buyer’s claim to any money under this section
is prior to that of any creditor of the health studio, including
a trustee in bankruptcy or receiver.
(7) After the health studio receives a notice of
cancellation of the contract, or if the health studio fails to
open a facility at the stated date of completion and if the
buyer so requests, then the health studio shall provide a refund within thirty days. [1987 c 317 § 7.]
Chapter 19.146
MORTGAGE BROKER PRACTICES ACT
Sections
19.146.005
19.146.010
19.146.020
19.146.0201
19.146.030
19.142.070 Surety bond in lieu of trust account.
The requirements of RCW 19.142.060 do not apply to any
health studios which, prior to any preopening sales, have
provided a bond guaranteeing the completion or opening of
any facility for which contracts for health studio services
were sold prior to the opening of the facility. The bond
shall be drawn upon a surety in the amount of one hundred
fifty thousand dollars, running to the state of Washington.
An action on the bond may be brought by the office of the
attorney general or by any buyer of a contract for health
studio services sold prior to the opening of the facility.
[1987 c 317 § 8.]
19.146.040
19.146.050
19.146.060
19.146.070
19.146.080
19.146.100
19.146.110
19.146.200
19.142.080 Failure to comply with bond or trust
account requirements—Class C felony. Failure to furnish
a bond as required by RCW 19.142.070 or to maintain a
trust account as required by RCW 19.142.060 shall constitute
a class C felony punishable as provided in chapter 9A.20
RCW. [1987 c 317 § 9.]
19.146.205
19.142.090 Waivers of this chapter—Contracts not
in compliance with this chapter—Void and unenforceable. A health studio shall not request a buyer to waive any
provision of this chapter. Any contract for health studio
services which does not comply with the provisions of this
chapter or in which a buyer waives any provision of this
chapter is void and unenforceable as contrary to public
policy. [1987 c 317 § 10.]
19.146.221
19.146.223
19.146.225
19.146.227
19.146.228
19.146.230
19.146.235
19.142.100 Violations—Application of consumer
protection act. A violation of this chapter constitutes an
unfair or deceptive act or practice and is a per se violation
of the consumer protection act, chapter 19.86 RCW. [1987
c 317 § 11.]
19.146.260
19.142.110 Attorneys’ fees. Buyers who prevail in
any cause of action under this chapter are entitled to reasonable attorneys’ fees. [1987 c 317 § 12.]
19.142.900 Chapter cumulative and nonexclusive.
The provisions of this chapter are cumulative and nonexclusive and do not affect any other remedy available at law.
[1987 c 317 § 13.]
19.142.901 Prospective application of chapter. The
provisions of this chapter shall not apply to any contracts for
health studio services entered into before July 26, 1987.
[1987 c 317 § 14.]
19.142.060
19.146.210
19.146.215
19.146.220
19.146.240
19.146.245
19.146.250
19.146.265
19.146.280
19.146.900
19.146.901
19.146.902
19.146.903
Findings and declaration.
Definitions.
Exemptions from chapter.
Loan originator, mortgage broker—Prohibitions—
Requirements.
Written disclosure of fees and costs—Rules—
Contents—Lock-in agreement terms—Excess fees
limited.
Written contract required—Written correspondent or
loan brokerage agreement required.
Moneys for third-party provider services deemed in
trust—Deposit of moneys in trust account—Use of
trust account—Rules—Tax treatment.
Accounting requirements.
Fee, commission, or compensation—When permitted.
Borrowers unable to obtain loans—Mortgage broker to
provide copies of certain documents—
Conditions—Exceptions.
Violations of chapter—Application of consumer protection act.
Criminal penalties.
License—Required—Independent contractor—Suit or
action as mortgage broker—Display of license.
License—Application—Exchange of fingerprint data
with federal bureau of investigation—Fee—Bond
or alternative.
License—Requirements for issuance—Denial—
Validity—Surrender—Interim license—Rules.
Continuing education—Rules.
Director—Powers and duties—Violations as separate
violations—Rules.
Action by director—Hearing—Sanction.
Director—Administration and interpretation.
Director—Rule-making powers.
Cease and desist order—Action to enjoin and enforce.
Fees—Rules—Exception.
Administrative procedure act application.
Director—Investigation powers—Duties of person subject to examination or investigation.
Violations—Claims against bond or alternative.
Violations—Liability.
Authority restricted to person named in license—
Exceptions.
Registered agent for brokers without physical office in
state—Venue.
Branch offices—Fee—Licenses—Rules.
Mortgage brokerage commission—Code of conduct—
Complaint review.
Short title.
Severability—1987 c 391.
Severability—1994 c 33.
Effective dates—1994 c 33.
19.146.005 Findings and declaration. The legislature
finds and declares that the brokering of residential real estate
loans substantially affects the public interest. The practices
of mortgage brokers have had significant impact on the
citizens of the state and the banking and real estate industries. It is the intent of the legislature to establish a state
system of licensure in addition to rules of practice and
conduct of mortgage brokers to promote honesty and fair
dealing with citizens and to preserve public confidence in the
lending and real estate community. [1994 c 33 § 1; 1993 c
468 § 1; 1987 c 391 § 1.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
(2002 Ed.)
[Title 19 RCW—page 213]
19.146.010
Title 19 RCW: Business Regulations—Miscellaneous
19.146.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affiliate" means any person who directly or
indirectly through one or more intermediaries, controls, or is
controlled by, or is under common control with another
person.
(2) "Borrower" means any person who consults with or
retains a mortgage broker or loan originator in an effort to
obtain or seek advice or information on obtaining or applying to obtain a residential mortgage loan for himself, herself,
or persons including himself or herself, regardless of whether
the person actually obtains such a loan.
(3) "Computer loan information systems" or "CLI
system" means the real estate mortgage financing information system defined by rule of the director.
(4) "Department" means the department of financial
institutions.
(5) "Designated broker" means a natural person designated by the applicant for a license or licensee who meets
the experience, education, and examination requirements set
forth in RCW 19.146.210(1)(e).
(6) "Director" means the director of financial institutions.
(7) "Employee" means an individual who has an
employment relationship acknowledged by both the employee and the licensee, and the individual is treated as an
employee by the licensee for purposes of compliance with
federal income tax laws.
(8) "Independent contractor" or "person who independently contracts" means any person that expressly or impliedly contracts to perform mortgage brokering services for
another and that with respect to its manner or means of
performing the services is not subject to the other’s right of
control, and that is not treated as an employee by the other
for purposes of compliance with federal income tax laws.
(9) "Investigation" means an examination undertaken for
the purpose of detection of violations of this chapter or
securing information lawfully required under this chapter.
(10) "Loan originator" means a person employed, either
directly or indirectly, or retained as an independent contractor by a person required to be licensed as a mortgage broker,
or a natural person who represents a person required to be
licensed as a mortgage broker, in the performance of any act
specified in subsection (12) of this section.
(11) "Lock-in agreement" means an agreement with a
borrower made by a mortgage broker or loan originator, in
which the mortgage broker or loan originator agrees that, for
a period of time, a specific interest rate or other financing
terms will be the rate or terms at which it will make a loan
available to that borrower.
(12) "Mortgage broker" means any person who for
compensation or gain, or in the expectation of compensation
or gain (a) makes a residential mortgage loan or assists a
person in obtaining or applying to obtain a residential
mortgage loan or (b) holds himself or herself out as being
able to make a residential mortgage loan or assist a person
in obtaining or applying to obtain a residential mortgage
loan.
[Title 19 RCW—page 214]
(13) "Person" means a natural person, corporation,
company, limited liability corporation, partnership, or association.
(14) "Residential mortgage loan" means any loan
primarily for personal, family, or household use secured by
a mortgage or deed of trust on residential real estate upon
which is constructed or intended to be constructed a single
family dwelling or multiple family dwelling of four or less
units.
(15) "Third-party provider" means any person other than
a mortgage broker or lender who provides goods or services
to the mortgage broker in connection with the preparation of
the borrower’s loan and includes, but is not limited to, credit
reporting agencies, title companies, appraisers, structural and
pest inspectors, or escrow companies. [1997 c 106 § 1;
1994 c 33 § 3; 1993 c 468 § 2; 1987 c 391 § 3.]
Severability—1997 c 106: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 106 § 22.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.020 Exemptions from chapter. (1) Except as
provided under subsections (2) and (3) of this section, the
following are exempt from all provisions of this chapter:
(a) Any person doing business under the laws of the
state of Washington or the United States relating to commercial banks, bank holding companies, savings banks, trust
companies, savings and loan associations, credit unions, consumer loan companies, insurance companies, or real estate
investment trusts as defined in 26 U.S.C. Sec. 856 and the
affiliates, subsidiaries, and service corporations thereof;
(b) An attorney licensed to practice law in this state
who is not principally engaged in the business of negotiating
residential mortgage loans when such attorney renders
services in the course of his or her practice as an attorney;
(c) Any person doing any act under order of any court,
except for a person subject to an injunction to comply with
any provision of this chapter or any order of the director
issued under this chapter;
(d) Any person making or acquiring a residential
mortgage loan solely with his or her own funds for his or
her own investment without intending to resell the residential
mortgage loans;
(e) A real estate broker or salesperson licensed by the
state who obtains financing for a real estate transaction
involving a bona fide sale of real estate in the performance
of his or her duties as a real estate broker and who receives
only the customary real estate broker’s or salesperson’s
commission in connection with the transaction;
(f) Any mortgage broker approved and subject to
auditing by the federal national mortgage association or the
federal home loan mortgage corporation;
(g) The United States of America, the state of Washington, any other state, and any Washington city, county, or
other political subdivision, and any agency, division, or
corporate instrumentality of any of the entities in this
subsection (1)(g); and
(h) A real estate broker who provides only information
regarding rates, terms, and lenders in connection with a CLI
system, who receives a fee for providing such information,
(2002 Ed.)
Mortgage Broker Practices Act
who conforms to all rules of the director with respect to the
providing of such service, and who discloses on a form approved by the director that to obtain a loan the borrower
must deal directly with a mortgage broker or lender.
However, a real estate broker shall not be exempt if he or
she does any of the following:
(i) Holds himself or herself out as able to obtain a loan
from a lender;
(ii) Accepts a loan application, or submits a loan
application to a lender;
(iii) Accepts any deposit for third-party services or any
loan fees from a borrower, whether such fees are paid
before, upon, or after the closing of the loan;
(iv) Negotiates rates or terms with a lender on behalf of
a borrower; or
(v) Provides the disclosure required by RCW
19.146.030(1).
(2) Those persons otherwise exempt under subsection
(1)(d) or (f) of this section must comply with RCW
19.146.0201 and shall be subject to the director’s authority
to issue a cease and desist order for any violation of RCW
19.146.0201 and shall be subject to the director’s authority
to obtain and review books and records that are relevant to
any allegation of such a violation.
(3) Any person otherwise exempted from the licensing
provisions of this chapter may voluntarily submit an application to the director for a mortgage broker’s license. The
director shall review such application and may grant or deny
licenses to such applicants upon the same grounds and with
the same fees as may be applicable to persons required to be
licensed under this chapter.
(a) Upon receipt of a license under this subsection, such
an applicant is required to continue to maintain a valid
license, is subject to all provisions of this chapter, and has
no further right to claim exemption from the provisions of
this chapter except as provided in (b) of this subsection.
(b) Any licensee under this subsection who would
otherwise be exempted from the requirements of licensing by
RCW 19.146.020 may apply to the director for exemption
from licensing. The director shall adopt rules for reviewing
such applications and shall grant exemptions from licensing
to applications which are consistent with those rules and
consistent with the other provisions of this chapter. [1997
c 106 § 2; 1994 c 33 § 5; 1994 c 33 § 4; 1993 c 468 § 3;
1987 c 391 § 4.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.0201 Loan originator, mortgage broker—
Prohibitions—Requirements. It is a violation of this
chapter for a loan originator, mortgage broker required to be
licensed under this chapter, or mortgage broker otherwise
exempted from this chapter under RCW 19.146.020(1) (d) or
(f) in connection with a residential mortgage loan to:
(1) Directly or indirectly employ any scheme, device, or
artifice to defraud or mislead borrowers or lenders or to
defraud any person;
(2) Engage in any unfair or deceptive practice toward
any person;
(2002 Ed.)
19.146.020
(3) Obtain property by fraud or misrepresentation;
(4) Solicit or enter into a contract with a borrower that
provides in substance that the mortgage broker may earn a
fee or commission through the mortgage broker’s "best
efforts" to obtain a loan even though no loan is actually
obtained for the borrower;
(5) Solicit, advertise, or enter into a contract for specific
interest rates, points, or other financing terms unless the
terms are actually available at the time of soliciting, advertising, or contracting from a person exempt from licensing
under RCW 19.146.020(1) (f) or (g) or a lender with whom
the mortgage broker maintains a written correspondent or
loan brokerage agreement under RCW 19.146.040;
(6) Fail to make disclosures to loan applicants and
noninstitutional investors as required by RCW 19.146.030
and any other applicable state or federal law;
(7) Make, in any manner, any false or deceptive
statement or representation with regard to the rates, points,
or other financing terms or conditions for a residential
mortgage loan or engage in bait and switch advertising;
(8) Negligently make any false statement or knowingly
and willfully make any omission of material fact in connection with any reports filed by a mortgage broker or in
connection with any investigation conducted by the department;
(9) Make any payment, directly or indirectly, to any
appraiser of a property, for the purposes of influencing the
independent judgment of the appraiser with respect to the
value of the property;
(10) Advertise any rate of interest without conspicuously
disclosing the annual percentage rate implied by such rate of
interest or otherwise fail to comply with any requirement of
the truth-in-lending act, 15 U.S.C. Sec. 1601 and Regulation
Z, 12 C.F.R. Sec. 226, the real estate settlement procedures
act, 12 U.S.C. Sec. 2601 and Regulation X, 24 C.F.R. Sec.
3500, or the equal credit opportunity act, 15 U.S.C. Sec.
1691 and Regulation B, Sec. 202.9, 202.11, and 202.12, as
now or hereafter amended, in any advertising of residential
mortgage loans or any other mortgage brokerage activity;
(11) Fail to pay third-party providers no later than thirty
days after the recording of the loan closing documents or
ninety days after completion of the third-party service,
whichever comes first, unless otherwise agreed or unless the
third-party service provider has been notified in writing that
a bona fide dispute exists regarding the performance or
quality of the third-party service;
(12) Collect, charge, attempt to collect or charge or use
or propose any agreement purporting to collect or charge any
fee prohibited by RCW 19.146.030 or 19.146.070;
(13)(a) Except when complying with (b) and (c) of this
subsection, to act as a mortgage broker in any transaction (i)
in which the mortgage broker acts or has acted as a real
estate broker or salesperson or (ii) in which another person
doing business under the same licensed real estate broker
acts or has acted as a real estate broker or salesperson;
(b) Prior to providing mortgage broker services to the
borrower, the mortgage broker, in addition to other disclosures required by this chapter and other laws, shall provide
to the borrower the following written disclosure:
THIS IS TO GIVE YOU NOTICE THAT I OR
ONE OF MY ASSOCIATES HAVE/HAS ACTED
[Title 19 RCW—page 215]
19.146.0201
Title 19 RCW: Business Regulations—Miscellaneous
AS A REAL ESTATE BROKER OR SALESPERSON REPRESENTING THE BUYER/SELLER IN
THE SALE OF THIS PROPERTY TO YOU. I
AM ALSO A LICENSED MORTGAGE BROKER, AND WOULD LIKE TO PROVIDE MORTGAGE BROKERAGE SERVICES TO YOU IN
CONNECTION WITH YOUR LOAN TO PURCHASE THE PROPERTY.
YOU ARE NOT REQUIRED TO USE ME AS A
MORTGAGE BROKER IN CONNECTION WITH
THIS TRANSACTION. YOU ARE FREE TO
COMPARISON SHOP WITH OTHER
MORTGAGE BROKERS AND LENDERS, AND
TO SELECT ANY MORTGAGE BROKER OR
LENDER OF YOUR CHOOSING; and
(c) A real estate broker or salesperson licensed under
chapter 18.85 RCW who also acts as a mortgage broker shall
carry on such mortgage brokerage business activities and
shall maintain such person’s mortgage brokerage business
records separate and apart from the real estate brokerage
activities conducted pursuant to chapter 18.85 RCW. Such
activities shall be deemed separate and apart even if they are
conducted at an office location with a common entrance and
mailing address, so long as each business is clearly identified
by a sign visible to the public, each business is physically
separated within the office facility, and no deception of the
public as to the separate identities of the brokerage business
firms results. This subsection (13)(c) shall not require a real
estate broker or salesperson licensed under chapter 18.85
RCW who also acts as a mortgage broker to maintain a
physical separation within the office facility for the conduct
of its real estate and mortgage brokerage activities where the
director determines that maintaining such physical separation
would constitute an undue financial hardship upon the
mortgage broker and is unnecessary for the protection of the
public; or
(14) Fail to comply with any provision of RCW
19.146.030 through 19.146.080 or any rule adopted under
those sections. [1997 c 106 § 3; 1994 c 33 § 6; 1993 c 468
§ 4.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—1993 c 468: "The director shall take steps and
adopt rules necessary to implement the sections of this act by their effective
dates." [1993 c 468 § 22.]
Severability—1993 c 468: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 468 § 23.]
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.030 Written disclosure of fees and costs—
Rules—Contents—Lock-in agreement terms—Excess fees
limited. (1) Within three business days following receipt of
a loan application or any moneys from a borrower, a
mortgage broker shall provide to each borrower a full written
disclosure containing an itemization and explanation of all
fees and costs that the borrower is required to pay in
connection with obtaining a residential mortgage loan, and
specifying the fee or fees which inure to the benefit of the
mortgage broker and other such disclosures as may be
required by rule. A good faith estimate of a fee or cost shall
be provided if the exact amount of the fee or cost is not
[Title 19 RCW—page 216]
determinable. This subsection shall not be construed to
require disclosure of the distribution or breakdown of loan
fees, discount, or points between the mortgage broker and
any lender or investor.
(2) The written disclosure shall contain the following
information:
(a) The annual percentage rate, finance charge, amount
financed, total amount of all payments, number of payments,
amount of each payment, amount of points or prepaid
interest and the conditions and terms under which any loan
terms may change between the time of disclosure and
closing of the loan; and if a variable rate, the circumstances
under which the rate may increase, any limitation on the
increase, the effect of an increase, and an example of the
payment terms resulting from an increase. Disclosure in
compliance with the requirements of the truth-in-lending act,
15 U.S.C. Sec. 1601 and Regulation Z, 12 C.F.R. Sec. 226,
as now or hereafter amended, shall be deemed to comply
with the disclosure requirements of this subsection;
(b) The itemized costs of any credit report, appraisal,
title report, title insurance policy, mortgage insurance,
escrow fee, property tax, insurance, structural or pest
inspection, and any other third-party provider’s costs associated with the residential mortgage loan. Disclosure
through good faith estimates of settlement services and
special information booklets in compliance with the requirements of the real estate settlement procedures act, 12
U.S.C. Sec. 2601, and Regulation X, 24 C.F.R. Sec. 3500,
as now or hereafter amended, shall be deemed to comply
with the disclosure requirements of this subsection;
(c) If applicable, the cost, terms, duration, and conditions of a lock-in agreement and whether a lock-in agreement has been entered, and whether the lock-in agreement is
guaranteed by the mortgage broker or lender, and if a lock-in
agreement has not been entered, disclosure in a form
acceptable to the director that the disclosed interest rate and
terms are subject to change;
(d) A statement that if the borrower is unable to obtain
a loan for any reason, the mortgage broker must, within five
days of a written request by the borrower, give copies of any
appraisal, title report, or credit report paid for by the
borrower to the borrower, and transmit the appraisal, title report, or credit report to any other mortgage broker or lender
to whom the borrower directs the documents to be sent;
(e) Whether and under what conditions any lock-in fees
are refundable to the borrower; and
(f) A statement providing that moneys paid by the
borrower to the mortgage broker for third-party provider
services are held in a trust account and any moneys remaining after payment to third-party providers will be
refunded.
(3) If subsequent to the written disclosure being provided under this section, a mortgage broker enters into a lock-in
agreement with a borrower or represents to the borrower that
the borrower has entered into a lock-in agreement, then no
less than three business days thereafter including Saturdays,
the mortgage broker shall deliver or send by first-class mail
to the borrower a written confirmation of the terms of the
lock-in agreement, which shall include a copy of the disclosure made under subsection (2)(c) of this section.
(4) A mortgage broker shall not charge any fee that
inures to the benefit of the mortgage broker if it exceeds the
(2002 Ed.)
Mortgage Broker Practices Act
fee disclosed on the written disclosure pursuant to this
section, unless (a) the need to charge the fee was not reasonably foreseeable at the time the written disclosure was
provided and (b) the mortgage broker has provided to the
borrower, no less than three business days prior to the
signing of the loan closing documents, a clear written
explanation of the fee and the reason for charging a fee
exceeding that which was previously disclosed. However, if
the borrower’s closing costs, excluding prepaid escrowed
costs of ownership as defined by rule, does not exceed the
total closing costs in the most recent good faith estimate, no
other disclosures shall be required by this subsection. [1997
c 106 § 4; 1994 c 33 § 18; 1993 c 468 § 12; 1987 c 391 §
5.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.040 Written contract required—Written
correspondent or loan brokerage agreement required.
(1) Every contract between a mortgage broker and a borrower shall be in writing and shall contain the entire agreement
of the parties.
(2) A mortgage broker shall have a written correspondent or loan brokerage agreement with a lender before any
solicitation of, or contracting with, the public. [1994 c 33 §
19; 1987 c 391 § 6.]
19.146.050 Moneys for third-party provider services
deemed in trust—Deposit of moneys in trust account—
Use of trust account—Rules—Tax treatment. All moneys
received by a mortgage broker from a borrower for payment
of third-party provider services shall be deemed as held in
trust immediately upon receipt by the mortgage broker. A
mortgage broker shall deposit, prior to the end of the third
business day following receipt of such trust funds, all such
trust funds in a trust account of a federally insured financial
institution located in this state. All trust account funds
collected under this chapter must remain on deposit in a trust
account in the state of Washington until disbursement. The
trust account shall be designated and maintained for the
benefit of borrowers. Moneys maintained in the trust
account shall be exempt from execution, attachment, or
garnishment. A mortgage broker shall not in any way
encumber the corpus of the trust account or commingle any
other operating funds with trust account funds. Withdrawals
from the trust account shall be only for the payment of bona
fide services rendered by a third-party provider or for
refunds to borrowers. The director shall make rules which:
(1) Direct mortgage brokers how to handle checks and other
instruments that are received by the broker and that combine
trust funds with other funds; and (2) permit transfer of trust
funds out of the trust account for payment of other costs
only when necessary and only with the prior express written
permission of the borrower. Any interest earned on the trust
account shall be refunded or credited to the borrowers at
closing. Trust accounts that are operated in a manner
consistent with this section and any rules adopted by the
director, are not considered gross receipts taxable under
(2002 Ed.)
19.146.030
chapter 82.04 RCW. [1998 c 311 § 1; 1997 c 106 § 5; 1987
c 391 § 7.]
Intent—Retroactive application—1998 c 311: "The intent of
sections 1 and 3 of this act is to clarify the original intent of sections 5 and
21, chapter 106, Laws of 1997 and shall not be construed otherwise.
Therefore, sections 1 and 3 of this act apply retroactively to July 27, 1997."
[1998 c 311 § 30.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.060 Accounting requirements. (1) A mortgage broker shall use generally accepted accounting principles.
(2) Except as otherwise provided in subsection (3) of
this section, a mortgage broker shall maintain accurate and
current books and records which shall be readily available at
the mortgage broker’s usual business location until at least
twenty-five months have elapsed following the effective
period to which the books and records relate.
(3) Where a mortgage broker’s usual business location
is outside of the state of Washington, the mortgage broker
shall, as determined by the director by rule, either maintain
its books and records at a location in this state, or reimburse
the director for his or her expenses, including but not limited
to transportation, food, and lodging expenses, relating to any
examination or investigation resulting under this chapter.
(4) "Books and records" includes but is not limited to:
(a) Copies of all advertisements placed by or at the
request of the mortgage broker which mention rates or fees.
In the case of radio or television advertisements, or advertisements placed on a telephonic information line or other
electronic source of information including but not limited to
a computer data base or electronic bulletin board, a mortgage
broker shall keep copies of the precise script for the advertisement. All advertisement records shall include for each
advertisement the date or dates of publication and name of
each periodical, broadcast station, or telephone information
line which published the advertisement or, in the case of a
flyer or other material distributed by the mortgage broker,
the dates, methods, and areas of distribution; and
(b) Copies of all documents, notes, computer records if
not stored in printed form, correspondence or memoranda
relating to a borrower from whom the mortgage broker has
accepted a deposit or other funds, or accepted a residential
mortgage loan application or with whom the mortgage
broker has entered into an agreement to assist in obtaining
a residential mortgage loan. [1997 c 106 § 6; 1994 c 33 §
20; 1987 c 391 § 8.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.070 Fee, commission, or compensation—
When permitted. (1) Except as otherwise permitted by this
section, a mortgage broker shall not receive a fee, commission, or compensation of any kind in connection with the
preparation, negotiation, and brokering of a residential
mortgage loan unless a borrower actually obtains a loan from
a lender on the terms and conditions agreed upon by the borrower and mortgage broker.
(2) A mortgage broker may:
(a) If the mortgage broker has obtained for the borrower
a written commitment from a lender for a loan on the terms
and conditions agreed upon by the borrower and the mortgage broker, and the borrower fails to close on the loan
[Title 19 RCW—page 217]
19.146.070
Title 19 RCW: Business Regulations—Miscellaneous
through no fault of the mortgage broker, charge a fee not to
exceed three hundred dollars for services rendered, preparation of documents, or transfer of documents in the
borrower’s file which were prepared or paid for by the
borrower if the fee is not otherwise prohibited by the Truthin-Lending Act, 15 U.S.C. Sec. 1601, and Regulation Z, 12
C.F.R. Sec. 226, as now or hereafter amended; or
(b) Solicit or receive fees for third party provider goods
or services in advance. Fees for any goods or services not
provided must be refunded to the borrower and the mortgage
broker may not charge more for the goods and services than
the actual costs of the goods or services charged by the third
party provider. [1993 c 468 § 13; 1987 c 391 § 9.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.080 Borrowers unable to obtain loans—
Mortgage broker to provide copies of certain documents—Conditions—Exceptions. Except as otherwise
required by the United States Code or the Code of Federal
Regulations, now or as amended, if a borrower is unable to
obtain a loan for any reason and the borrower has paid for
an appraisal, title report, or credit report in full, the mortgage
broker shall give a copy of the appraisal, title report, or
credit report to the borrower and transmit the originals to
any other mortgage broker or lender to whom the borrower
directs that the documents be transmitted. Regardless of
whether the borrower has obtained a loan, the mortgage
broker must provide the copies or transmit the documents
within five days after the borrower has made the request in
writing. [1997 c 106 § 7; 1987 c 391 § 10.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.100 Violations of chapter—Application of
consumer protection act. The legislature finds that the
practices governed by this chapter are matters vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW. Any violation
of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act or practice and unfair method of competition in the
conduct of trade or commerce in violation of RCW
19.86.020. Remedies provided by chapter 19.86 RCW are
cumulative and not exclusive. [1994 c 33 § 25; 1987 c 391
§ 12.]
19.146.110 Criminal penalties. Any person who
violates any provision of this chapter other than RCW
19.146.050 or any rule or order of the director shall be guilty
of a misdemeanor punishable under chapter 9A.20 RCW.
Any person who violates RCW 19.146.050 shall be guilty of
a class C felony under chapter 9A.20 RCW. [1993 c 468 §
20; 1987 c 391 § 13.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.200 License—Required—Independent
contractor—Suit or action as mortgage broker—Display
of license. (1) A person may not engage in the business of
[Title 19 RCW—page 218]
a mortgage broker, except as an employee of a person
licensed or exempt from licensing, without first obtaining
and maintaining a license under this chapter. However, a
person who independently contracts with a licensed mortgage
broker need not be licensed if the licensed mortgage broker
and the independent contractor have on file with the director
a binding written agreement under which the licensed mortgage broker assumes responsibility for the independent
contractor’s violations of any provision of this chapter or
rules adopted under this chapter; and if the licensed mortgage broker’s bond or other security required under this
chapter runs to the benefit of the state and any person who
suffers loss by reason of the independent contractor’s
violation of any provision of this chapter or rules adopted
under this chapter.
(2) A person may not bring a suit or action for the
collection of compensation as a mortgage broker unless the
plaintiff alleges and proves that he or she was a duly
licensed mortgage broker, or exempt from the license
requirement of this chapter, at the time of offering to
perform or performing any such an act or service regulated
by this chapter. This subsection does not apply to suits or
actions for the collection or compensation for services
performed prior to October 31, 1993.
(3) The license must be prominently displayed in the
mortgage broker’s place of business. [1997 c 106 § 8; 1994
c 33 § 7; 1993 c 468 § 5.]
Severability—1997 c 106: See note following RCW 19.146.010.
Effective dates—1993 c 468: "(1) Sections 2 through 4, 9, 13, and
21 through 23 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately [May 17,
1993].
(2) Sections 6 through 8, 10, 18, and 19 of this act shall take effect
September 1, 1993.
(3) Sections 1, 5, 11, 12, 14 through 17, and 20 of this act shall take
effect October 31, 1993. However, the effective date of section 5 of this act
may be delayed thirty days upon an order of the director of licensing under
section 7(3) of this act." [1993 c 468 § 26.] The director of licensing did
not delay the effective date.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
19.146.205 License—Application—Exchange of
fingerprint data with federal bureau of investigation—
Fee—Bond or alternative. (1) Application for a mortgage
broker license under this chapter shall be in writing and in
the form prescribed by the director. The application shall
contain at least the following information:
(a) The name, address, date of birth, and social security
number of the applicant, and any other names, dates of birth,
or social security numbers previously used by the applicant,
unless waived by the director;
(b) If the applicant is a partnership or association, the
name, address, date of birth, and social security number of
each general partner or principal of the association, and any
other names, dates of birth, or social security numbers
previously used by the members, unless waived by the director;
(c) If the applicant is a corporation, the name, address,
date of birth, and social security number of each officer,
director, registered agent, and each principal stockholder, and
any other names, dates of birth, or social security numbers
(2002 Ed.)
Mortgage Broker Practices Act
previously used by the officers, directors, registered agents,
and principal stockholders unless waived by the director;
(d) The street address, county, and municipality where
the principal business office is to be located;
(e) The name, address, date of birth, and social security
number of the applicant’s designated broker, and any other
names, dates of birth, or social security numbers previously
used by the designated broker and a complete set of the
designated broker’s fingerprints taken by an authorized law
enforcement officer; and
(f) Such other information regarding the applicant’s or
designated broker’s background, financial responsibility,
experience, character, and general fitness as the director may
require by rule.
(2) The director may exchange fingerprint data with the
federal bureau of investigation.
(3) At the time of filing an application for a license
under this chapter, each applicant shall pay to the director
the appropriate application fee in an amount determined by
rule of the director in accordance with RCW 43.24.086 to
cover, but not exceed, the cost of processing and reviewing
the application. The director shall deposit the moneys in the
financial services regulation fund, unless the consumer
services account is created as a dedicated, nonappropriated
account, in which case the director shall deposit the moneys
in the consumer services account.
(4)(a) Each applicant for a mortgage broker’s license
shall file and maintain a surety bond, in an amount of not
greater than sixty thousand dollars nor less than twenty
thousand dollars which the director deems adequate to
protect the public interest, executed by the applicant as
obligor and by a surety company authorized to do a surety
business in this state as surety. The bonding requirement as
established by the director may take the form of a uniform
bond amount for all licensees or the director may establish
by rule a schedule establishing a range of bond amounts
which shall vary according to the annual average number of
loan originators or independent contractors of a licensee.
The bond shall run to the state of Washington as obligee,
and shall run first to the benefit of the borrower and then to
the benefit of the state and any person or persons who suffer
loss by reason of the applicant’s or its loan originator’s
violation of any provision of this chapter or rules adopted
under this chapter. The bond shall be conditioned that the
obligor as licensee will faithfully conform to and abide by
this chapter and all rules adopted under this chapter, and
shall reimburse all persons who suffer loss by reason of a
violation of this chapter or rules adopted under this chapter.
Borrowers shall be given priority over the state and other
persons. The state and other third parties shall be allowed
to receive distribution pursuant to a valid claim against the
remainder of the bond. In the case of claims made by any
person or entity who is not a borrower, no final judgment
may be entered prior to one hundred eighty days following
the date the claim is filed. The bond shall be continuous and
may be canceled by the surety upon the surety giving written
notice to the director of its intent to cancel the bond. The
cancellation shall be effective thirty days after the notice is
received by the director. Whether or not the bond is
renewed, continued, reinstated, reissued, or otherwise
extended, replaced, or modified, including increases or decreases in the penal sum, it shall be considered one continu(2002 Ed.)
19.146.205
ous obligation, and the surety upon the bond shall not be
liable in an aggregate or cumulative amount exceeding the
penal sum set forth on the face of the bond. In no event
shall the penal sum, or any portion thereof, at two or more
points in time be added together in determining the surety’s
liability. The bond shall not be liable for any penalties
imposed on the licensee, including, but not limited to, any
increased damages or attorneys’ fees, or both, awarded under
RCW 19.86.090. The applicant may obtain the bond directly
from the surety or through a group bonding arrangement
involving a professional organization comprised of mortgage
brokers if the arrangement provides at least as much coverage as is required under this subsection.
(b) In lieu of a surety bond, the applicant may, upon
approval by the director, file with the director a certificate of
deposit, an irrevocable letter of credit, or such other instrument as approved by the director by rule, drawn in favor of
the director for an amount equal to the required bond.
(c) In lieu of the surety bond or compliance with (b) of
this subsection, an applicant may obtain insurance or
coverage from an association comprised of mortgage brokers
that is organized as a mutual corporation for the sole purpose
of insuring or self-insuring claims that may arise from a
violation of this chapter. An applicant may only substitute
coverage under this subsection for the requirements of (a) or
(b) of this subsection if the director, with the consent of the
insurance commissioner, has authorized such association to
organize a mutual corporation under such terms and conditions as may be imposed by the director to ensure that the
corporation is operated in a financially responsible manner
to pay any claims within the financial responsibility limits
specified in (a) of this subsection. [2001 c 177 § 4; 1997 c
106 § 9; 1994 c 33 § 8; 1993 c 468 § 6.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.210 License—Requirements for issuance—
Denial—Validity—Surrender—Interim license—Rules.
(1) The director shall issue and deliver a mortgage broker
license to an applicant if, after investigation, the director
makes the following findings:
(a) The applicant has paid the required license fees;
(b) The applicant has complied with RCW 19.146.205;
(c) Neither the applicant, any of its principals, or the
designated broker have had a license issued under this
chapter or any similar state statute suspended or revoked
within five years of the filing of the present application;
(d) Neither the applicant, any of its principals, or the
designated broker have been convicted of a gross misdemeanor involving dishonesty or financial misconduct or a
felony within seven years of the filing of the present
application;
(e) The designated broker, (i) has at least two years of
experience in the residential mortgage loan industry or has
completed the educational requirements established by rule
of the director and (ii) has passed a written examination
whose content shall be established by rule of the director;
and
[Title 19 RCW—page 219]
19.146.210
Title 19 RCW: Business Regulations—Miscellaneous
(f) The applicant has demonstrated financial responsibility, character, and general fitness such as to command the
confidence of the community and to warrant a belief that the
business will be operated honestly, fairly, and efficiently
within the purposes of this chapter.
(2) If the director does not find the conditions of
subsection (1) of this section have been met, the director
shall not issue the license. The director shall notify the
applicant of the denial and return to the applicant the bond
or approved alternative and any remaining portion of the
license fee that exceeds the department’s actual cost to
investigate the license.
(3) The director shall issue a license under this chapter
to any licensee issued a license under chapter 468, Laws of
1993, that has a valid license and is otherwise in compliance
with the provisions of this chapter.
(4) A license issued pursuant to this chapter is valid
from the date of issuance with no fixed date of expiration.
(5) A licensee may surrender a license by delivering to
the director written notice of surrender, but the surrender
does not affect the licensee’s civil or criminal liability
arising from acts or omissions occurring before such surrender.
(6) To prevent undue delay in the issuance of a license
and to facilitate the business of a mortgage broker, an
interim license with a fixed date of expiration may be issued
when the director determines that the mortgage broker has
substantially fulfilled the requirements for licensing as
defined by rule. [1997 c 106 § 10; 1994 c 33 § 10; 1993 c
468 § 7.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.215 Continuing education—Rules. The
designated broker of every licensee shall complete an annual
continuing education requirement, which the director shall
define by rule. [1997 c 106 § 11; 1994 c 33 § 11.]
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.220 Director—Powers and duties—Violations
as separate violations—Rules. (1) The director shall
enforce all laws and rules relating to the licensing of mortgage brokers, grant or deny licenses to mortgage brokers,
and hold hearings.
(2) The director may impose the following sanctions:
(a) Deny applications for licenses for: (i) Violations of
orders, including cease and desist orders issued under this
chapter; or (ii) any violation of RCW 19.146.050 or
19.146.0201 (1) through (9);
(b) Suspend or revoke licenses for:
(i) False statements or omission of material information
on the application that, if known, would have allowed the
director to deny the application for the original license;
(ii) Failure to pay a fee required by the director or
maintain the required bond;
(iii) Failure to comply with any directive or order of the
director; or
[Title 19 RCW—page 220]
(iv) Any violation of RCW 19.146.050, 19.146.060(3),
19.146.0201 (1) through (9) or (12), 19.146.205(4), or
19.146.265;
(c) Impose fines on the licensee, employee or loan
originator of the licensee, or other person subject to this
chapter for:
(i) Any violations of RCW 19.146.0201 (1) through (9)
or (12), 19.146.030 through 19.146.080, 19.146.200,
19.146.205(4), or 19.146.265; or
(ii) Failure to comply with any directive or order of the
director;
(d) Issue orders directing a licensee, its employee or
loan originator, or other person subject to this chapter to:
(i) Cease and desist from conducting business in a
manner that is injurious to the public or violates any provision of this chapter; or
(ii) Pay restitution to an injured borrower; or
(e) Issue orders removing from office or prohibiting
from participation in the conduct of the affairs of a licensed
mortgage broker, or both, any officer, principal, employee,
or loan originator of any licensed mortgage broker or any
person subject to licensing under this chapter for:
(i) Any violation of 19.146.0201 (1) through (9) or (12),
19.146.030 through 19.146.080, 19.146.200, 19.146.205(4),
or 19.146.265; or
(ii) False statements or omission of material information
on the application that, if known, would have allowed the
director to deny the application for the original license;
(iii) Conviction of a gross misdemeanor involving
dishonesty or financial misconduct or a felony after obtaining a license; or
(iv) Failure to comply with any directive or order of the
director.
(3) Each day’s continuance of a violation or failure to
comply with any directive or order of the director is a
separate and distinct violation or failure.
(4) The director shall establish by rule standards for
licensure of applicants licensed in other jurisdictions.
(5) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order or a *residential or visitation order. If the person has
continued to meet all other requirements for reinstatement
during the suspension, reissuance of the license or certificate
shall be automatic upon the director’s receipt of a release
issued by the department of social and health services stating
that the licensee is in compliance with the order. [1997 c
106 § 12; 1997 c 58 § 879; 1996 c 103 § 1; 1994 c 33 § 12;
1993 c 468 § 8.]
Reviser’s note: *(1) 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
(2) This section was amended by 1997 c 58 § 879 and by 1997 c 106
§ 12, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—1997 c 106: See note following RCW 19.146.010.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
(2002 Ed.)
Mortgage Broker Practices Act
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Effective date—1996 c 103: "This act shall take effect July 1, 1996."
[1996 c 103 § 2.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.221 Action by director—Hearing—Sanction.
The director may, at his or her discretion and as provided for
in *RCW 19.146.220(2), take any action specified in RCW
19.146.220(1). If the person subject to such action does not
appear in person or by counsel at the time and place designated for any administrative hearing that may be held on
the action then the person shall be deemed to consent to the
action. If the person subject to the action consents, or if
after hearing the director finds by a preponderance of the
evidence that any grounds for sanctions under this chapter
exist, then the director may impose any sanction authorized
by this chapter. [1994 c 33 § 13.]
*Reviser’s note: RCW 19.146.220 was amended by 1996 c 103 § 1,
which deleted subsection (2).
19.146.223 Director—Administration and interpretation. The director shall have the power and broad
administrative discretion to administer and interpret the
provisions of this chapter to fulfill the intent of the legislature as expressed in RCW 19.146.005. [1994 c 33 § 2.]
19.146.225 Director—Rule-making powers. In
accordance with the administrative procedure act, chapter
34.05 RCW, the director may issue rules under this chapter
only after seeking the advice of the mortgage brokerage
commission and to govern the activities of licensed mortgage
brokers and other persons subject to this chapter. [1994 c 33
§ 15; 1993 c 468 § 9.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.227 Cease and desist order—Action to enjoin
and enforce. Whenever the director determines that the
public is likely to be substantially injured by delay in issuing
a cease and desist order, the director may immediately issue
a temporary cease and desist order. The order shall become
effective at the time specified in the order. Every temporary
cease and desist order shall include a provision that a
hearing will be held, within fourteen days unless otherwise
specified in chapter 34.05 RCW, upon request to determine
whether the order will become permanent.
If it appears that a person has engaged in an act or
practice constituting a violation of a provision of this
chapter, or a rule or order under this chapter, the director,
with or without prior administrative proceedings, may bring
an action in the superior court to enjoin the acts or practices
and to enforce compliance with this chapter or any rule or
order under this chapter. Upon proper showing, injunctive
relief or temporary restraining orders shall be granted. The
director shall not be required to post a bond in any court
proceedings. [1994 c 33 § 14.]
(2002 Ed.)
19.146.220
19.146.228 Fees—Rules—Exception. The director
shall establish fees by rule in accordance with RCW
43.24.086 sufficient to cover, but not exceed, the costs of
administering this chapter. These fees may include:
(1) An annual assessment paid by each licensee on or
before a date specified by rule;
(2) An investigation fee to cover the costs of any
investigation of the books and records of a licensee or other
person subject to this chapter; and
(3) An application fee to cover the costs of processing
applications made to the director under this chapter.
Mortgage brokers shall not be charged investigation fees
for the processing of complaints when the investigation
determines that no violation of this chapter occurred or when
the mortgage broker provides a remedy satisfactory to the
complainant and the director and no order of the director is
issued. All moneys, fees, and penalties collected under the
authority of this chapter shall be deposited into the financial
services regulation fund, unless the consumer services
account is created as a dedicated, nonappropriated account,
in which case all moneys, fees, and penalties collected under
this chapter shall be deposited in the consumer services
account. [2001 c 177 § 5; 1997 c 106 § 13; 1994 c 33 § 9.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
19.146.230 Administrative procedure act application. The proceedings for denying license applications,
issuing cease and desist orders, suspending or revoking
licenses, and imposing civil penalties or other remedies
issued pursuant to this chapter and any appeal therefrom or
review thereof shall be governed by the provisions of the
administrative procedure act, chapter 34.05 RCW. [1994 c
33 § 16; 1993 c 468 § 10.]
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.235 Director—Investigation powers—Duties
of person subject to examination or investigation. For the
purposes of investigating complaints arising under this
chapter, the director may at any time, either personally or by
a designee, examine the business, including but not limited
to the books, accounts, records, and files used therein, of
every licensee and of every person engaged in the business
of mortgage brokering, whether such a person shall act or
claim to act under or without the authority of this chapter.
For that purpose the director and designated representatives
shall have access during regular business hours to the offices
and places of business, books, accounts, papers, records,
files, safes, and vaults of all such persons. The director or
designated person may direct or order the attendance of and
examine under oath all persons whose testimony may be
required about the loans or the business or subject matter of
any such examination or investigation, and may direct or
order such person to produce books, accounts, records, files,
and any other documents the director or designated person
deems relevant to the inquiry. If a person who receives such
a directive or order does not attend and testify, or does not
produce the requested books, records, files, or other documents within the time period established in the directive or
[Title 19 RCW—page 221]
19.146.235
Title 19 RCW: Business Regulations—Miscellaneous
order, then the director or designated person may issue a
subpoena requiring attendance or compelling production of
books, records, files, or other documents. No person subject
to examination or investigation under this chapter shall
withhold, abstract, remove, mutilate, destroy, or secrete any
books, records, computer records, or other information.
Once during the first two years of licensing, the director
may visit, either personally or by designee, the licensee’s
place or places of business to conduct a compliance examination. The director may examine, either personally or by
designee, a sample of the licensee’s loan files, interview the
licensee or other designated employee or independent
contractor, and undertake such other activities as necessary
to ensure that the licensee is in compliance with the provisions of this chapter. For those licensees issued licenses
prior to March 21, 1994, the cost of such an examination
shall be considered to have been prepaid in their license fee.
After this one visit within the two-year period subsequent to
issuance of a license, the director or a designee may visit the
licensee’s place or places of business only to ensure that
corrective action has been taken or to investigate a complaint. [1997 c 106 § 14; 1994 c 33 § 17; 1993 c 468 § 11.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.240 Violations—Claims against bond or
alternative. (1) The director or any person injured by a
violation of this chapter may bring an action against the
surety bond or approved alternative of the licensed mortgage
broker who committed the violation or who employed or
engaged the loan originator who committed the violation.
(2)(a) The director or any person who is damaged by
the licensee’s or its loan originator’s violation of this
chapter, or rules adopted under this chapter, may bring suit
upon the surety bond or approved alternative in the superior
court of any county in which jurisdiction over the licensee
may be obtained. Jurisdiction shall be exclusively in the
superior court. Any such action must be brought not later
than one year after the alleged violation of this chapter or
rules adopted under this chapter. Except as provided in
subsection (2)(b) of this section, in the event valid claims of
borrowers against a bond or deposit exceed the amount of
the bond or deposit, each borrower claimant shall only be
entitled to a pro rata amount, based on the amount of the
claim as it is valid against the bond or deposit, without
regard to the date of filing of any claim or action. If, after
all valid borrower claims are paid, valid claims by
nonborrower claimants exceed the remaining amount of the
bond or deposit, each nonborrower claimant shall only be
entitled to a pro rata amount, based on the amount of the
claim as it is valid against the bond or deposit, without
regard to the date of the filing or any claim or action. A
judgment arising from a violation of this chapter or rule
adopted under this chapter shall be entered for actual
damages and in no case be less than the amount paid by the
borrower to the licensed mortgage broker plus reasonable
attorneys’ fees and costs. In no event shall the surety bond
or approved alternative provide payment for any trebled or
punitive damages.
[Title 19 RCW—page 222]
(b) Borrowers shall be given priority over the director
and other persons in distributions in actions against the
surety bond. The director and other third parties shall then
be entitled to distribution to the extent of their claims as
found valid against the remainder of the bond. In the case
of claims made by any person or entity who is not a borrower, no final judgment may be entered prior to one hundred
eighty days following the date the claim is filed. This
provision regarding priority shall not restrict the right of any
claimant to file a claim within one year.
(3) The remedies provided under this section are
cumulative and nonexclusive and do not affect any other
remedy available at law. [1997 c 106 § 15; 1994 c 33 § 21;
1993 c 468 § 14.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.245 Violations—Liability. A licensed mortgage broker is liable for any conduct violating this chapter
by the designated broker, a loan originator, or other licensed
mortgage broker while employed or engaged by the licensed
mortgage broker. [1997 c 106 § 16; 1994 c 33 § 22; 1993
c 468 § 15.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.250 Authority restricted to person named in
license—Exceptions. No license issued under the provisions
of this chapter shall authorize any person other than the
person to whom it is issued to do any act by virtue thereof
nor to operate in any other manner than under his or her
own name except:
(1) A licensed mortgage broker may operate or advertise
under a name other than the one under which the license is
issued by obtaining the written consent of the director to do
so; and
(2) A broker may establish one or more branch offices
under a name or names different from that of the main office
if the name or names are approved by the director, so long
as each branch office is clearly identified as a branch or
division of the main office. Both the name of the branch
office and of the main office must clearly appear on the sign
identifying the office, if any, and in any advertisement or on
any letterhead of any stationery or any forms, or signs used
by the mortgage firm on which either the name of the main
or branch offices appears. [1997 c 106 § 17; 1993 c 468 §
16.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.260 Registered agent for brokers without
physical office in state—Venue. Every licensed mortgage
broker that does not maintain a physical office within the
state must maintain a registered agent within the state to
receive service of any lawful process in any judicial or
(2002 Ed.)
Mortgage Broker Practices Act
administrative noncriminal suit, action, or proceeding against
the licensed mortgage broker which arises under this chapter
or any rule or order under this chapter, with the same force
and validity as if served personally on the licensed mortgage
broker. Service upon the registered agent shall not be
effective unless the plaintiff, who may be the director in a
suit, action, or proceeding instituted by him or her, no later
than the next business day sends notice of the service and a
copy of the process by registered mail to the defendant or
respondent at the last address of the respondent or defendant
on file with the director. In any judicial action, suit, or
proceeding arising under this chapter or any rule or order
adopted under this chapter between the department or
director and a licensed mortgage broker who does not
maintain a physical office in this state, venue shall be
exclusively in the superior court of Thurston county. [2000
c 171 § 74; 1997 c 106 § 18; 1994 c 33 § 23; 1993 c 468 §
17.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.265 Branch offices—Fee—Licenses—Rules.
A licensed mortgage broker may apply to the director for
authority to establish one or more branch offices under the
same or different name as the main office upon the payment
of a fee as prescribed by the director by rule. Provided that
the applicant is in good standing with the department, as
defined in rule by the director, the director shall promptly
issue a duplicate license for each of the branch offices
showing the location of the main office and the particular
branch. Each duplicate license shall be prominently displayed in the office for which it is issued. [1997 c 106 §
19; 1994 c 33 § 24; 1993 c 468 § 18.]
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.280 Mortgage brokerage commission—Code
of conduct—Complaint review. (1) There is established
the mortgage brokerage commission consisting of five commission members who shall act in an advisory capacity to
the director on mortgage brokerage issues.
(2) The director shall appoint the members of the
commission, weighing the recommendations from professional organizations representing mortgage brokers. At least
three of the commission members shall be mortgage brokers
licensed under this chapter and at least one shall be exempt
from licensure under RCW 19.146.020(1)(f). No commission member shall be appointed who has had less than five
years’ experience in the business of residential mortgage
lending. In addition, the director or a designee shall serve
as an ex officio, nonvoting member of the commission.
Voting members of the commission shall serve for two-year
terms with three of the initial commission members serving
one-year terms. The department shall provide staff support
to the commission.
(3) The commission may establish a code of conduct for
its members. Any commissioner may bring a motion before
(2002 Ed.)
19.146.260
the commission to remove a commissioner for failing to
conduct themselves in a manner consistent with the code of
conduct. The motion shall be in the form of a recommendation to the director to dismiss a specific commissioner and
shall enumerate causes for doing so. The commissioner in
question shall recuse himself or herself from voting on any
such motion. Any such motion must be approved unanimously by the remaining four commissioners. Approved
motions shall be immediately transmitted to the director for
review and action.
(4) Members of the commission shall be reimbursed for
their travel expenses incurred in carrying out the provisions
of this chapter in accordance with RCW 43.03.050 and
43.03.060. All costs and expenses associated with the
commission shall be paid from the financial services regulation fund, unless the consumer services account is created as
a dedicated, nonappropriated account, in which case all costs
and expenses shall be paid from the consumer services
account.
(5) The commission shall advise the director on the
characteristics and needs of the mortgage brokerage profession.
(6) The department, in consultation with other applicable
agencies of state government, shall conduct a continuing
review of the number and type of consumer complaints
arising from residential mortgage lending in the state. The
department shall report its findings to the senate committee
on financial institutions and house of representatives committee on financial institutions and insurance along with
recommendations for any changes in the licensing requirements of this chapter, biennially by December 1st of each
even-numbered year. [2001 c 177 § 6; 1997 c 106 § 20;
1994 c 33 § 26; 1993 c 468 § 21.]
Effective date—2001 c 177: See note following RCW 43.320.080.
Severability—1997 c 106: See note following RCW 19.146.010.
Adoption of rules—Severability—1993 c 468: See notes following
RCW 19.146.0201.
Effective dates—1993 c 468: See note following RCW 19.146.200.
19.146.900 Short title. This act shall be known and
cited as the "mortgage broker practices act." [1987 c 391 §
2.]
19.146.901 Severability—1987 c 391. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1987 c 391 § 15.]
19.146.902 Severability—1994 c 33. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 33 § 28.]
19.146.903 Effective dates—1994 c 33. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[March 21, 1994], except section 5 of this act which shall
take effect June 1, 1994. [1994 c 33 § 29.]
[Title 19 RCW—page 223]
Chapter 19.148
Title 19 RCW: Business Regulations—Miscellaneous
Chapter 19.148
MORTGAGE LOAN SERVICING
Sections
19.148.010
19.148.020
19.148.030
19.148.900
Finding—Purpose.
Definitions.
Disclosure requirements—Action for damages.
Effective date—1989 c 98.
19.148.010 Finding—Purpose. The ability of
individuals to obtain information relating to their residential
mortgage loans is vital to the financial needs of mortgagors
in Washington. The public interest is adversely affected
when a residential mortgage loan’s servicing is sold or
transferred with insufficient notification given to the mortgagor. In addition, mortgagors may experience difficulty in
obtaining various mortgage loan information including
information concerning mortgage loan prepayments, reserve
accounts, and adjustments to monthly payments. The
legislature finds that the legitimate interests of mortgagors
and mortgage loan servicers are served if the disclosure of
the potential sale of loan servicing is made to the mortgagor,
reasonable notification of a residential mortgage loan
servicing’s sale is made, and continued mortgagor access to
information regarding the mortgage loan is promoted. [1989
c 98 § 1.]
19.148.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) "Lender" shall mean any person in the business of
making a loan.
(2) "Loan" shall mean any loan used to finance the
acquisition of a one-to-four family owner occupied residence
located in this state.
(3) "Purchasing servicing agent" is any person who
purchases, receives through transfer or assignment, or
otherwise acquires the responsibility of the servicing for a
loan.
(4) "Person" shall include an individual, firm, association, partnership, business, trust, corporation, or any other
legal entity whether resident or nonresident. [1989 c 98 §
2.]
19.148.030 Disclosure requirements—Action for
damages. (1) If the servicing for the loan is subject to sale,
transfer, or assignment, a lender shall so disclose in writing
at the time of or prior to loan closing and shall also disclose
in the same writing that when such servicing is sold,
transferred, or assigned, the purchasing servicing agent is
required to provide notification to the mortgagor. If a
lender, which has not provided the notice required by this
subsection, consolidates with, merges with or is acquired by
another institution, and thereafter loan servicing becomes
subject to sale, transfer, or assignment, that institution shall
within thirty days of such transaction make the disclosure in
writing to the obligor primarily responsible for repaying each
loan according to the records of the lender.
(2) If the servicing of a loan is sold, assigned, transferred, or otherwise acquired by another person, the purchasing servicing agent shall:
[Title 19 RCW—page 224]
(a)(i) Issue corrected coupon or payment books, if used
and necessary;
(ii) Provide notification to the mortgagor at least thirty
days prior to the due date of the first payment to the
purchasing servicing agent, of the name, address, and
telephone number of the division from whom the mortgagor
can receive information regarding the servicing of the loan;
and
(iii) Inform the mortgagor of changes made regarding
the servicing requirements including, but not limited to,
interest rate, monthly payment amount, and escrow balance;
and
(b) Respond within fifteen business days upon receipt of
a written request for information from a mortgagor. A
written response must include the telephone number of the
company division who can assist the mortgagor.
(3) Any person injured by a violation of this chapter
may bring an action for actual damages and reasonable
attorneys’ fees and costs incurred in bringing the action.
[1989 c 98 § 3.]
19.148.900 Effective date—1989 c 98. This act shall
take effect on January 1, 1990. [1989 c 98 § 5.]
Chapter 19.149
RESIDENTIAL MORTGAGE LOAN CLOSING—
VALUATION DISCLOSURE
Sections
19.149.010 Definitions.
19.149.020 Purchase money residential mortgage loans—Provision to
borrower of documents used by lender to evaluate value—Written waiver.
19.149.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Lender" means any person doing business under the
laws of this state or the United States relating to banks,
savings banks, trust companies, savings and loan associations, credit unions, consumer loan companies, insurance
companies, real estate investment trusts as defined in 26
U.S.C. Sec. 856 and the affiliates, subsidiaries, and service
corporations thereof, and all other persons who make
residential mortgage loans.
(2) "Residential mortgage loan" means any loan used for
the purchase of a single-family dwelling or multiple-family
dwelling of four or less units secured by a mortgage or deed
of trust on the residential real estate. [1994 c 295 § 1.]
19.149.020 Purchase money residential mortgage
loans—Provision to borrower of documents used by
lender to evaluate value—Written waiver. A lender shall
provide to the borrower, prior to the closing of a residential
mortgage loan, true and complete copies of all appraisals or
other documents relied upon by the lender in evaluating the
value of the dwelling to be financed. A borrower may
waive in writing the lender’s duty to provide the appraisals
or other documents prior to closing. This written waiver
may not be construed to in any way limit the lender’s duty
to provide the information to the borrower at a reasonable
(2002 Ed.)
Residential Mortgage Loan Closing—Valuation Disclosure
later date. This section shall only apply to purchase money
residential mortgage loans. [1994 c 295 § 2.]
Chapter 19.150
SELF-SERVICE STORAGE FACILITIES
Sections
19.150.010
19.150.020
19.150.030
19.150.040
19.150.050
19.150.060
19.150.070
19.150.080
19.150.090
19.150.100
19.150.110
19.150.120
19.150.130
19.150.140
19.150.900
19.150.901
19.150.902
19.150.903
19.150.904
Definitions.
Lien on personal property.
Unpaid rent—Denial of access to storage space.
Unpaid rent—Termination of occupant’s rights—Notice.
Form of notice.
Attachment of lien—Notice of lien sale or notice of disposal.
Sale of property.
Manner of sale—Who may not acquire—Excess proceeds—
Accounting.
Claim by persons with a security interest.
Payment prior to sale by persons claiming a right to the
property.
Good faith purchasers.
Contract for storage space—Alternative address for notice.
Owner not obligated to provide insurance.
Other rights not impaired.
Short title.
Application of chapter.
Existing rental agreements not affected.
Chapter not applicable to owner subject to Article 62A.7
RCW.
Severability—1988 c 240.
19.150.010 Definitions. For the purposes of this
chapter, the following terms shall have the following
meanings:
(1) "Self-service storage facility" means any real
property designed and used for the purpose of renting or
leasing individual storage space to occupants who are to
have access to the space for the purpose of storing and
removing personal property on a self-service basis, but does
not include a garage or other storage area in a private
residence. No occupant may use a self-service storage
facility for residential purposes.
(2) "Owner" means the owner, operator, lessor, or
sublessor of a self-service storage facility, his or her agent,
or any other person authorized by him or her to manage the
facility, or to receive rent from an occupant under a rental
agreement.
(3) "Occupant" means a person, or his or her sublessee,
successor, or assign, who is entitled to the use of the storage
space at a self-service storage facility under a rental agreement, to the exclusion of others.
(4) "Rental agreement" means any written agreement or
lease which establishes or modifies the terms, conditions,
rules or any other provision concerning the use and occupancy of a self-service storage facility.
(5) "Personal property" means movable property not
affixed to land, and includes, but is not limited to, goods,
merchandise, furniture, and household items.
(6) "Last known address" means that address provided
by the occupant in the latest rental agreement, or the address
provided by the occupant in a subsequent written notice of
a change of address. [1988 c 240 § 2.]
19.150.020 Lien on personal property. The owner
of a self-service storage facility and his or her heirs, execu(2002 Ed.)
19.149.020
tors, administrators, successors, and assigns have a lien upon
all personal property located at a self-service storage facility
for rent, labor, or other charges, present or future, incurred
pursuant to the rental agreement, and for expenses necessary
for the preservation, sale, or disposition of personal property
subject to this chapter. The lien may be enforced consistent
with this chapter. However, any lien on a motor vehicle or
boat which has attached and is set forth in the documents of
title to the motor vehicle or boat shall have priority over any
lien created pursuant to this chapter. [1988 c 240 § 3.]
19.150.030 Unpaid rent—Denial of access to storage
space. When any part of the rent or other charges due from
an occupant remains unpaid for six consecutive days, and the
rental agreement so provides, an owner may deny the
occupant access to the storage space at a self-service storage
facility. [1988 c 240 § 4.]
19.150.040 Unpaid rent—Termination of occupant’s
rights—Notice. When any part of the rent or other charges
due from an occupant remains unpaid for fourteen consecutive days, an owner may terminate the right of the occupant
to the use of the storage space at a self-service storage
facility by sending a notice to the occupant’s last known
address, and to the alternative address specified in RCW
19.150.120(2), by first class mail, postage prepaid, containing all of the following:
(1) An itemized statement of the owner’s claim showing
the sums due at the time of the notice and the date when the
sums become due.
(2) A statement that the occupant’s right to use the
storage space will terminate on a specified date (not less
than fourteen days after the mailing of the notice) unless all
sums due and to become due by that date are paid by the
occupant prior to the specified date.
(3) A notice that the occupant may be denied or
continue to be denied, as the case may be, access to the
storage space after the termination date if the sums are not
paid, and that an owner’s lien, as provided for in RCW
19.150.020 may be imposed thereafter.
(4) The name, street address, and telephone number of
the owner, or his or her designated agent, whom the occupant may contact to respond to the notice. [1988 c 240 § 5.]
19.150.050 Form of notice. A notice in substantially
the following form shall satisfy the requirements of RCW
19.150.040:
"PRELIMINARY LIEN NOTICE
to (occupant)
(address)
(state)
You owe and have not paid rent and/or other charges for the
use of storage (space number) at (name and address
of self-service storage facility)
Charges that have been due for more than fourteen days and
accruing on or before (date) are itemized as follows:
DUE DATE
DESCRIPTION
AMOUNT
TOTAL $
[Title 19 RCW—page 225]
19.150.050
Title 19 RCW: Business Regulations—Miscellaneous
IF this sum is not paid in full before
(date at least
fourteen days from mailing) , your right to use the storage
space will terminate, you may be denied, or continue to be
denied, access and an owner’s lien on any stored property
will be imposed. You may pay the sum due and contact the
owner at:
(Name)
(Address)
(State)
(Telephone)
(Date)
(Owner’s Signature)
"
[1988 c 240 § 6.]
19.150.060 Attachment of lien—Notice of lien sale
or notice of disposal. If a notice has been sent, as required
by RCW 19.150.040, and the total sum due has not been
paid as of the date specified in the preliminary lien notice,
the lien proposed by this notice attaches as of that date and
the owner may deny an occupant access to the space, enter
the space, inventory the goods therein, and remove any
property found therein to a place of safe keeping. The
owner shall then serve by personal service or send to the
occupant, addressed to the occupant’s last known address
and to the alternative address specified in RCW
19.150.120(2) by certified mail, postage prepaid, a notice of
lien sale or notice of disposal which shall state all of the
following:
(1) That the occupant’s right to use the storage space
has terminated and that the occupant no longer has access to
the stored property.
(2) That the stored property is subject to a lien, and the
amount of the lien accrued and to accrue prior to the date
required to be specified in subsection (3) of this section.
(3) That the property, other than personal papers and
personal effects, may be sold to satisfy the lien after a
specified date which is not less than fourteen days from the
date of mailing the lien sale notice, or a minimum of fortytwo days after the date when any part of the rent or other
charges due from the occupants remain unpaid, whichever is
later, unless the amount of the lien is paid. If the total value
of property in the storage space is less than three hundred
dollars, the owner may, instead of sale, dispose of the
property in any reasonable manner, subject to the restrictions
of RCW 19.150.080(4).
(4) That any excess proceeds of the sale or other
disposition under RCW 19.150.080(2) over the lien amount
and costs of sale will be retained by the owner and may be
reclaimed by the occupant, or claimed by another person, at
any time for a period of six months from the sale and that
thereafter the proceeds will be turned over to the state as
abandoned property as provided in RCW 63.29.165.
(5) That any personal papers and personal effects will
be retained by the owner and may be reclaimed by the
occupant at any time for a period of six months from the
sale or other disposition of property and that thereafter the
owner may dispose of the personal papers and effects in a
reasonable manner, subject to the restrictions of RCW
19.150.080(3).
[Title 19 RCW—page 226]
(6) That the occupant has no right to repurchase any
property sold at the lien sale. [1996 c 220 § 1; 1993 c 498
§ 5; 1988 c 240 § 7.]
Application—1996 c 220: "This act shall only apply to rental
agreements entered into, extended, or renewed after June 6, 1996. Rental
agreements entered into before June 6, 1996, which provide for monthly
rental payments but providing no specific termination date shall be subject
to this act on the first monthly rental payment date next succeeding June 6,
1996." [1996 c 220 § 4.]
19.150.070 Sale of property. The owner, subject to
RCW 19.150.090 and 19.150.100, may sell the property,
other than personal papers and personal effects, upon
complying with the requirements set forth in RCW
19.150.080. [1988 c 240 § 8.]
19.150.080 Manner of sale—Who may not acquire—Excess proceeds—Accounting. (1) After the
expiration of the time given in the notice of lien sale
pursuant to RCW 19.150.060, the property, other than
personal papers and personal effects, may be sold or disposed of in a reasonable manner.
(2)(a) If the property has a value of three hundred
dollars or more, the sale shall be conducted in a commercially reasonable manner, and, after deducting the amount of the
lien and costs of sale, the owner shall retain any excess
proceeds of the sale on the occupant’s behalf. The occupant,
or any other person having a court order or other judicial
process against the property, may claim the excess proceeds,
or a portion thereof sufficient to satisfy the particular claim,
at any time within six months of the date of sale.
(b) If the property has a value of less than three hundred
dollars, the property may be disposed of in a reasonable
manner.
(3) Personal papers and personal effects that are not reclaimed by the occupant within six months of a sale under
subsection (2)(a) of this section or other disposition under
subsection (2)(b) of this section may be disposed of in a
reasonable manner.
(4) No employee or owner, or family member of an
employee or owner, may acquire, directly or indirectly, the
property sold pursuant to subsection (2)(a) of this section or
disposed of pursuant to subsection (2)(b) of this section, or
personal papers and personal effects disposed of under
subsection (3) of this section.
(5) The owner is entitled to retain any interest earned on
the excess proceeds until the excess proceeds are claimed by
another person or are turned over to the state as abandoned
property pursuant to RCW 63.29.165.
(6) After the sale or other disposition pursuant to this
section has been completed, the owner shall provide an
accounting of the disposition of the proceeds of the sale or
other disposition to the occupant at the occupant’s last
known address and at the alternative address. [1996 c 220
§ 2; 1993 c 498 § 6; 1988 c 240 § 9.]
Application—1996 c 220: See note following RCW 19.150.060.
19.150.090 Claim by persons with a security
interest. Any person who has a perfected security interest
under *Article 62A.9 RCW of the uniform commercial code
may claim any personal property subject to the security
interest and subject to a lien pursuant to this chapter by
(2002 Ed.)
Self-Service Storage Facilities
19.150.090
paying the total amount due, as specified in the lien notices,
for the storage of the property. Upon payment of the total
amount due, the owner shall deliver possession of the
particular property subject to the security interest to the
person who paid the total amount due. The owner shall not
be liable to any person for any action taken pursuant to this
section if the owner has fully complied with RCW
19.150.050 and 19.150.060. [1988 c 240 § 10.]
19.150.140 Other rights not impaired. Nothing in
this chapter may be construed to impair or affect the right of
the parties to create additional rights, duties, and obligations
which do not conflict with the provisions of this chapter.
The rights provided by this chapter shall be in addition to all
other rights provided by law to a creditor against his or her
debtor. [1988 c 240 § 15.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
19.150.900 Short title. This chapter shall be known
as the "Washington self-service storage facility act." [1988
c 240 § 1.]
19.150.100 Payment prior to sale by persons
claiming a right to the property. Prior to any sale pursuant to RCW 19.150.080, any person claiming a right to the
goods may pay the amount necessary to satisfy the lien and
the reasonable expenses incurred for particular actions taken
pursuant to this chapter. In that event, the goods shall not
be sold, but shall be retained by the owner subject to the
terms of this chapter pending a court order directing a
particular disposition of the property. [1988 c 240 § 11.]
19.150.110 Good faith purchasers. A purchaser in
good faith of goods disposed of pursuant to RCW
19.150.080(2) takes the goods free of any rights of persons
against whom the lien was claimed, despite noncompliance
by the owner of the storage facility with this chapter. [1996
c 220 § 3; 1988 c 240 § 12.]
Application—1996 c 220: See note following RCW 19.150.060.
19.150.120 Contract for storage space—Alternative
address for notice. (1) Each contract for the rental or lease
of individual storage space in a self-service storage facility
shall be in writing and shall contain, in addition to the
provisions otherwise required or permitted by law to be
included, a statement requiring the occupant to disclose any
lienholders or secured parties who have an interest in the
property that is or will be stored in the self-service storage
facility, a statement that the occupant’s property will be
subject to a claim of lien and may even be sold to satisfy the
lien if the rent or other charges due remain unpaid for fourteen consecutive days, and that such actions are authorized
by this chapter.
(2) The lien authorized by this chapter shall not attach,
unless the rental agreement requests, and provides space for,
the occupant to give the name and address of another person
to whom the preliminary lien notice and subsequent notices
required to be given under this chapter may be sent. Notices
sent pursuant to RCW 19.150.040 or 19.150.060 shall be
sent to the occupant’s address and the alternative address, if
both addresses are provided by the occupant. Failure of an
occupant to provide an alternative address shall not affect an
owner’s remedies under this chapter or under any other
provision of law. [1988 c 240 § 13.]
19.150.130 Owner not obligated to provide insurance. Any insurance protecting the personal property stored
within the storage space against fire, theft, or damage is the
responsibility of the occupant. The owner is under no
obligation to provide insurance. [1988 c 240 § 14.]
(2002 Ed.)
19.150.901 Application of chapter. This chapter
shall only apply to rental agreements entered into, extended,
or renewed after June 9, 1988. Rental agreements entered
into before June 9, 1988, which provide for monthly rental
payments but providing no specific termination date shall be
subject to this chapter on the first monthly rental payment
date next succeeding June 9, 1988. [1988 c 240 § 16.]
19.150.902 Existing rental agreements not affected.
All rental agreements entered into before June 9, 1988, and
not extended or renewed after that date, or otherwise made
subject to this chapter pursuant to RCW 19.150.901, and the
rights, duties, and interests flowing from them, shall remain
valid, and may be enforced or terminated in accordance with
their terms or as permitted by any other statute or law of this
state. [1988 c 240 § 17.]
19.150.903 Chapter not applicable to owner subject
to Article 62A.7 RCW. If an owner issues any warehouse
receipt, bill of lading, or other document of title for the
personal property stored, the owner and the occupant are
subject to Article 62A.7 RCW (commencing with RCW
62A.7-101) of the uniform commercial code and this chapter
does not apply. [1988 c 240 § 18.]
19.150.904 Severability—1988 c 240. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 c 240 § 23.]
Chapter 19.154
IMMIGRATION ASSISTANT PRACTICES ACT
Sections
19.154.010
19.154.020
19.154.030
19.154.040
19.154.050
19.154.060
19.154.070
19.154.080
19.154.090
19.154.100
19.154.900
19.154.901
19.154.902
Findings.
Definitions.
Exemptions.
Registration required.
Change of address.
Nonlegal assistance permitted.
Written contract—Requirements—Right to rescind.
Prohibited activities.
Unfair and deceptive act—Unfair method of competition.
Penalty.
Short title.
Severability—1989 c 117.
Effective date—1989 c 117.
[Title 19 RCW—page 227]
19.154.010
Title 19 RCW: Business Regulations—Miscellaneous
19.154.010 Findings. The legislature finds and
declares that assisting persons regarding immigration matters
substantially affects the public interest. The practices of
immigration assistants have a significant impact on the
residents of the state of Washington. It is the intent of the
legislature to establish rules of practice and conduct for
immigration assistants to promote honesty and fair dealing
with residents and to preserve public confidence. [1989 c
117 § 1.]
19.154.050 Change of address. Immigration assistants who have registered must inform the secretary of state
of any changes in their name, addresses, or telephone
numbers within thirty days of the change. [1989 c 117 § 5.]
19.154.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Immigration assistant" means every person who, for
compensation or the expectation of compensation, gives
nonlegal assistance on an immigration matter. That assistance is limited to:
(a) Transcribing responses to a government agency form
selected by the customer which is related to an immigration
matter, but does not include advising a person as to his or
her answers on those forms;
(b) Translating a person’s answer to questions posed on
those forms;
(c) Securing for a person supporting documents currently in existence, such as birth and marriage certificates, which
may be needed to submit with those forms;
(d) Making referrals to attorneys who could undertake
legal representation for a person in an immigration matter.
(2) "Immigration matter" means any proceeding, filing,
or action affecting the nonimmigrant, immigrant, or citizenship status of any person which arises under immigration and
naturalization law, executive order, or presidential proclamation, or which arises under action of the United States
immigration and naturalization service, the United States
department of labor, or the United States department of state.
(3) "Compensation" means money, property, or anything
else of value. [1989 c 117 § 2.]
19.154.070 Written contract—Requirements—Right
to rescind. (1) Before providing any assistance, an immigration assistant who has agreed to provide immigration assistance to a customer shall provide the customer with a
written contract that includes the following provisions:
(a) An explanation of the services to be performed;
(b) Identification of all compensation and costs to be
charged to the customer for the services to be performed;
(c) A statement that documents submitted in support of
an application for nonimmigrant, immigrant, or naturalization
status may not be retained by the assistant for any purpose,
including payment of compensation or costs;
(d) A statement that the immigration assistant is not an
attorney and may not perform legal services. This statement
shall be on the face of the contract in ten-point bold type
print; and
(e) A statement that the customer has seventy-two hours
to rescind the contract. This statement shall be conspicuously set forth in the contract.
(2) The written contract shall be stated in both English
and in the language of the customer.
(3) A copy of the written contract shall be provided to
the customer by the immigration assistant upon execution of
the contract.
(4) A customer has the right to rescind a contract within
seventy-two hours of the signing of the contract.
(5) Any documents identified in subsection (1)(c) of this
section shall be returned upon demand of the customer.
[1989 c 117 § 7.]
19.154.030 Exemptions. The following persons are
exempt from all provisions of this chapter:
(1) An attorney licensed to practice law in this state
where such attorney renders services in the course of his or
her practice as an attorney and a legal intern, as described by
court rule, or paralegal employed by and under the direct
supervision of such an attorney;
(2) A nonprofit corporation or clinic affiliated with a
law school in this state that provides immigration consulting
services to clients without charge beyond a request for
reimbursement of the corporation’s or clinic’s reasonable
costs relating to providing immigration services to that client.
"Reasonable costs" include, but are not limited to, the costs
of photocopying, telephone calls, document requests, and the
filing fees for immigration forms. [1989 c 117 § 3.]
19.154.040 Registration required. Any person who
wishes to engage in the business of an immigration assistant
must register with the secretary of state’s office and provide
his or her name, business address, home address, and
business and home telephone numbers. [1989 c 117 § 4.]
[Title 19 RCW—page 228]
19.154.060 Nonlegal assistance permitted. Immigration assistants shall offer or provide only nonlegal assistance
in an immigration matter as defined in RCW 19.154.020.
[1989 c 117 § 6.]
19.154.080 Prohibited activities. In the course of
dealing with customers or prospective customers, an immigration assistant shall not:
(1) Make any statement that the immigration assistant
can or will obtain special favors from or has special influence with the United States immigration and naturalization
service;
(2) Retain any compensation for services not performed;
(3) Refuse to return documents supplied by, prepared
by, or paid for by the customer upon the request of the
customer. These documents must be returned upon request
even if there is a fee dispute between the immigration
assistant and the customer;
(4) Represent or advertise, in connection with the
provision of immigration assistance, other titles or credentials, including but not limited to "notary public" or "immigration consultant" that could cause a customer to believe
that the immigration assistant possesses special professional
skills;
(5) Communicate in any manner, oral or written, that
registration under this chapter is an indicator of special skill
(2002 Ed.)
Immigration Assistant Practices Act
or expertise or that it allows the person to provide advice on
an immigration matter;
(6) Give any legal advice concerning an immigration
matter. [1989 c 117 § 8.]
19.154.090 Unfair and deceptive act—Unfair
method of competition. The legislature finds and declares
that any violation of this chapter substantially affects the
public interest and is an unfair and deceptive act or practice
and unfair method of competition in the conduct of trade or
commerce as set forth in RCW 19.86.020. [1989 c 117 § 9.]
19.154.100 Penalty. A violation of this chapter shall
be punished as a gross misdemeanor according to chapter
9A.20 RCW. [1989 c 117 § 10.]
19.154.900 Short title. This chapter shall be known
and cited as the "immigration assistant practices act." [1989
c 117 § 11.]
19.154.901 Severability—1989 c 117. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1989 c 117 § 14.]
19.154.902 Effective date—1989 c 117. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1989.
[1989 c 117 § 15.]
Chapter 19.158
COMMERCIAL TELEPHONE SOLICITATION
Sections
19.158.010
19.158.020
19.158.030
19.158.040
19.158.050
Findings.
Definitions.
Violation an unfair or deceptive act.
Unfair or deceptive acts.
Registration requirements—Suspension of license or certificate for noncompliance with support order—
Reinstatement.
19.158.060 Failure to register—Penalty.
19.158.070 Appointment of agent to receive process.
19.158.080 Duties of director.
19.158.090 Injunctive relief—Other applicable law.
19.158.100 Requiring payment by credit card prohibited.
19.158.110 Commercial telephone solicitor—Duties and prohibited
acts—Notice to customers.
19.158.120 Cancellation of purchases—Requirements—Notice—
Voidable contracts.
19.158.130 Damages, costs, attorneys’ fees—Remedies not limited.
19.158.140 Civil penalties.
19.158.150 Registration required—Penalty.
19.158.160 Penalties.
19.158.170 Uniform regulation of business and professions act.
19.158.900 Severability—1989 c 20.
19.158.901 Effective date—1989 c 20.
Automatic dialing and announcing devices prohibited: RCW 80.36.400.
Commercial and nonprofit telephone solicitation: RCW 80.36.390.
19.158.010 Findings. The use of telephones for
commercial solicitation is rapidly increasing. This form of
(2002 Ed.)
19.154.080
communication offers unique benefits, but entails special
risks and poses potential for abuse. The legislature finds
that the widespread practice of fraudulent commercial
telephone solicitation is a matter vitally affecting the public
interest for the purpose of applying the consumer protection
act, chapter 19.86 RCW. For the general welfare of the
public and in order to protect the integrity of the
telemarketing industry, the commercial use of telephones
must be regulated by law. [1989 c 20 § 1.]
19.158.020 Definitions. Unless the context requires
otherwise, the definitions in this section apply throughout
this chapter.
(1) A "commercial telephone solicitor" is any person
who engages in commercial telephone solicitation, including
service bureaus.
(2) "Commercial telephone solicitation" means:
(a) An unsolicited telephone call to a person initiated by
a salesperson and conversation for the purpose of inducing
the person to purchase or invest in property, goods, or
services;
(b) Other communication with a person where:
(i) A free gift, award, or prize is offered to a purchaser
who has not previously purchased from the person initiating
the communication; and
(ii) A telephone call response is invited; and
(iii) The salesperson intends to complete a sale or enter
into an agreement to purchase during the course of the
telephone call;
(c) Other communication with a person which misrepresents the price, quality, or availability of property, goods, or
services and which invites a response by telephone or which
is followed by a call to the person by a salesperson;
(d) For purposes of this section, "other communication"
means a written or oral notification or advertisement transmitted through any means.
(3) A "commercial telephone solicitor" does not include
any of the following:
(a) A person engaging in commercial telephone solicitation where:
(i) The solicitation is an isolated transaction and not
done in the course of a pattern of repeated transactions of
like nature; or
(ii) Less than sixty percent of such person’s prior year’s
sales were made as a result of a commercial telephone
solicitation as defined in this chapter. Where more than
sixty percent of a seller’s prior year’s sales were made as a
result of commercial telephone solicitations, the service
bureau contracting to provide commercial telephone solicitation services to the seller shall be deemed a commercial
telephone solicitor.
(b) A person making calls for religious, charitable,
political, or other noncommercial purposes.
(c) A person soliciting business solely from purchasers
who have previously purchased from the business enterprise
for which the person is calling.
(d) A person soliciting:
(i) Without the intent to complete or obtain provisional
acceptance of a sale during the telephone solicitation; and
(ii) Who does not make the major sales presentation
during the telephone solicitation; and
[Title 19 RCW—page 229]
19.158.020
Title 19 RCW: Business Regulations—Miscellaneous
(iii) Who only makes the major sales presentation or
arranges for the major sales presentation to be made at a
later face-to-face meeting between the salesperson and the
purchaser.
(e) A person selling a security which is exempt from
registration under RCW 21.20.310;
(f) A person licensed under RCW 18.85.090 when the
solicited transaction is governed by that law;
(g) A person registered under RCW 18.27.060 when the
solicited transaction is governed by that law;
(h) A person licensed under RCW 48.17.150 when the
solicited transaction is governed by that law;
(i) Any person soliciting the sale of a franchise who is
registered under RCW 19.100.140;
(j) A person primarily soliciting the sale of a newspaper
of general circulation, a magazine or periodical, or contractual plans, including book or record clubs: (i) Under which
the seller provides the consumer with a form which the
consumer may use to instruct the seller not to ship the
offered merchandise; and (ii) which is regulated by the
federal trade commission trade regulation concerning "use of
negative option plans by sellers in commerce";
(k) Any supervised financial institution or parent,
subsidiary, or affiliate thereof. As used in this section,
"supervised financial institution" means any commercial
bank, trust company, savings and loan association, mutual
savings banks, credit union, industrial loan company,
personal property broker, consumer finance lender, commercial finance lender, or insurer, provided that the institution is
subject to supervision by an official or agency of this state
or the United States;
(l) A person soliciting the sale of a prearrangement
funeral service contract registered under RCW 18.39.240 and
18.39.260;
(m) A person licensed to enter into prearrangement
contracts under RCW 68.05.155 when acting subject to that
license;
(n) A person soliciting the sale of services provided by
a cable television system operating under authority of a
franchise or permit;
(o) A person or affiliate of a person whose business is
regulated by the utilities and transportation commission or
the federal communications commission;
(p) A person soliciting the sale of agricultural products,
as defined in RCW 20.01.010 where the purchaser is a
business;
(q) An issuer or subsidiary of an issuer that has a class
of securities that is subject to section 12 of the securities
exchange act of 1934 (15 U.S.C. Sec. 781) and that is either
registered or exempt from registration under paragraph (A),
(B), (C), (E), (F), (G), or (H) of subsection (g) of that section;
(r) A commodity broker-dealer as defined in RCW
21.30.010 and registered with the commodity futures trading
commission;
(s) A business-to-business sale where:
(i) The purchaser business intends to resell the property
or goods purchased, or
(ii) The purchaser business intends to use the property
or goods purchased in a recycling, reuse, remanufacturing or
manufacturing process;
[Title 19 RCW—page 230]
(t) A person licensed under RCW 19.16.110 when the
solicited transaction is governed by that law;
(u) A person soliciting the sale of food intended for
immediate delivery to and immediate consumption by the
purchaser;
(v) A person soliciting the sale of food fish or shellfish
when that person is licensed pursuant to the provisions of
*Title 75 RCW.
(4) "Purchaser" means a person who is solicited to
become or does become obligated to a commercial telephone
solicitor.
(5) "Salesperson" means any individual employed,
appointed, or authorized by a commercial telephone solicitor,
whether referred to by the commercial telephone solicitor as
an agent, representative, or independent contractor, who
attempts to solicit or solicits a sale on behalf of the commercial telephone solicitor.
(6) "Service bureau" means a commercial telephone
solicitor who contracts with any person to provide commercial telephone solicitation services.
(7) "Seller" means any person who contracts with any
service bureau to purchase commercial telephone solicitation
services.
(8) "Person" includes any individual, firm, association,
corporation, partnership, joint venture, sole proprietorship, or
any other business entity.
(9) "Free gift, award, or prize" means a gratuity which
the purchaser believes of a value equal to or greater than the
value of the specific product, good, or service sought to be
sold to the purchaser by the seller.
(10) "Solicit" means to initiate contact with a purchaser
for the purpose of attempting to sell property, goods or
services, where such purchaser has expressed no previous
interest in purchasing, investing in, or obtaining information
regarding the property, goods, or services attempted to be
sold. [1989 c 20 § 3.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
19.158.030 Violation an unfair or deceptive act.
Unfair and deceptive telephone solicitation is not reasonable
in relation to the development and preservation of business.
A violation of this chapter is an unfair or deceptive act in
trade or commerce for the purpose of applying the consumer
protection act, chapter 19.86 RCW. [1989 c 20 § 2.]
19.158.040 Unfair or deceptive acts. (Effective until
January 1, 2003.) (1) It shall be unlawful for any person to
engage in unfair or deceptive commercial telephone solicitation.
(2) A commercial telephone solicitor shall not place
calls to any residence which will be received before 8:00
a.m. or after 9:00 p.m. at the purchaser’s local time.
(3) A commercial telephone solicitor may not engage in
any conduct the natural consequence of which is to harass,
intimidate, or torment any person in connection with the
telephone call. [1989 c 20 § 4.]
19.158.040 Unprofessional conduct. (Effective
January 1, 2003.) In addition to the unprofessional conduct
(2002 Ed.)
Commercial Telephone Solicitation
described in RCW 18.235.130, the director of the department
of licensing may take disciplinary action for any of the
following conduct, acts, or conditions:
(1) It shall be unlawful for any person to engage in
unfair or deceptive commercial telephone solicitation.
(2) A commercial telephone solicitor shall not place
calls to any residence which will be received before 8:00
a.m. or after 9:00 p.m. at the purchaser’s local time.
(3) A commercial telephone solicitor may not engage in
any conduct the natural consequence of which is to harass,
intimidate, or torment any person in connection with the
telephone call. [2002 c 86 § 284; 1989 c 20 § 4.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.158.050 Registration requirements—Suspension
of license or certificate for noncompliance with support
order—Reinstatement. (Effective until January 1, 2003.)
(1) In order to maintain or defend a lawsuit or do any
business in this state, a commercial telephone solicitor must
be registered with the department of licensing. Prior to
doing business in this state, a commercial telephone solicitor
shall register with the department of licensing. Doing
business in this state includes both commercial telephone
solicitation from a location in Washington and solicitation of
purchasers located in Washington.
(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require
the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including
past business history, prior judgments, and such other
information as may be useful to purchasers.
(3) The department of licensing shall issue a registration
number to the commercial telephone solicitor.
(4) It is a violation of this chapter for a commercial
telephone solicitor to:
(a) Fail to maintain a valid registration;
(b) Advertise that one is registered as a commercial telephone solicitor or to represent that such registration constitutes approval or endorsement by any government or
governmental office or agency;
(c) Provide inaccurate or incomplete information to the
department of licensing when making a registration application; or
(d) Represent that a person is registered or that such
person has a valid registration number when such person
does not.
(5) An annual registration fee shall be assessed by the
department of licensing, the amount of which shall be
determined at the discretion of the director of the department
of licensing, and which shall be reasonably related to the
cost of administering the provisions of this chapter.
(6) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order or a *residential or visitation order. If
the person has continued to meet all other requirements for
reinstatement during the suspension, reissuance of the license
or certificate shall be automatic upon the department’s
(2002 Ed.)
19.158.040
receipt of a release issued by the department of social and
health services stating that the licensee is in compliance with
the order. [1997 c 58 § 853; 1989 c 20 § 5.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.158.050 Registration requirements—
Unprofessional conduct—Suspension of license or certificate for noncompliance with support order—
Reinstatement. (Effective January 1, 2003.) (1) In order
to maintain or defend a lawsuit or do any business in this
state, a commercial telephone solicitor must be registered
with the department of licensing. Prior to doing business in
this state, a commercial telephone solicitor shall register with
the department of licensing. Doing business in this state
includes both commercial telephone solicitation from a location in Washington and solicitation of purchasers located in
Washington.
(2) The department of licensing, in registering commercial telephone solicitors, shall have the authority to require
the submission of information necessary to assist in identifying and locating a commercial telephone solicitor, including
past business history, prior judgments, and such other
information as may be useful to purchasers.
(3) The department of licensing shall issue a registration
number to the commercial telephone solicitor.
(4) In addition to the unprofessional conduct described
in RCW 18.235.130, the director of the department of
licensing may take disciplinary action for any of the following conduct, acts, or conditions:
(a) Failing to maintain a valid registration;
(b) Advertising that one is registered as a commercial
telephone solicitor or representing that such registration
constitutes approval or endorsement by any government or
governmental office or agency;
(c) Representing that a person is registered or that such
person has a valid registration number when such person
does not.
(5) An annual registration fee shall be assessed by the
department of licensing, the amount of which shall be
determined at the discretion of the director of the department
of licensing, and which shall be reasonably related to the
cost of administering the provisions of this chapter.
(6) The department shall immediately suspend the
license or certificate of a person who has been certified
pursuant to RCW 74.20A.320 by the department of social
and health services as a person who is not in compliance
with a support order. If the person has continued to meet all
other requirements for reinstatement during the suspension,
reissuance of the license or certificate shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the
[Title 19 RCW—page 231]
19.158.050
Title 19 RCW: Business Regulations—Miscellaneous
licensee is in compliance with the order. [2002 c 86 § 285;
1997 c 58 § 853; 1989 c 20 § 5.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.158.060 Failure to register—Penalty. (Effective
until January 1, 2003.) If the director of the department of
licensing determines that a commercial telephone solicitor
has failed to register, the director may issue an order in
accordance with chapter 34.05 RCW imposing a civil penalty
in an amount which may not exceed five thousand dollars.
[1989 c 20 § 6.]
19.158.070 Appointment of agent to receive process.
Each commercial telephone solicitor shall appoint the
director of the department of licensing as an agent to receive
civil process under this chapter if the commercial telephone
solicitor has no properly registered agent, if the agent has resigned, or if the agent cannot, after reasonable diligence, be
found. [1989 c 20 § 7.]
19.158.080 Duties of director. The director of the
department of licensing may make rules, create forms, and
issue orders as necessary to carry out the provisions of this
chapter, pursuant to chapter 34.05 RCW. [1989 c 20 § 8.]
19.158.090 Injunctive relief—Other applicable law.
The director of the department of licensing may refer such
evidence as may be available concerning violations of this
chapter or of any rule or order hereunder to the attorney
general or the proper prosecuting attorney, who may in his
or her discretion, with or without such a reference, in addition to any other action they might commence, bring an
action in the name of the state against any person to restrain
and prevent the doing of any act or practice herein prohibited or declared unlawful: PROVIDED, That this chapter
shall be considered in conjunction with chapters 9.04 and
19.86 RCW and the powers and duties of the attorney
general and the prosecuting attorney as they may appear in
chapters 9.04 and 19.86 RCW shall apply against all persons
subject to this chapter. [1989 c 20 § 9.]
19.158.100 Requiring payment by credit card
prohibited. It is a violation of this chapter for a commercial
telephone solicitor to require that payment be by credit card
authorization or otherwise to announce a preference for that
method of payment over any other for unfair or deceptive
reasons. [1989 c 20 § 10.]
19.158.110 Commercial telephone solicitor—Duties
and prohibited acts—Notice to customers. (1) Within the
first minute of the telephone call, a commercial telephone
solicitor or salesperson shall:
[Title 19 RCW—page 232]
(a) Identify himself or herself, the company on whose
behalf the solicitation is being made, the property, goods, or
services being sold; and
(b) Terminate the telephone call within ten seconds if
the purchaser indicates he or she does not wish to continue
the conversation.
(2) If at any time during the telephone contact, the
purchaser states or indicates that he or she does not wish to
be called again by the commercial telephone solicitor or
wants to have his or her name and individual telephone
number removed from the telephone lists used by the
commercial telephone solicitor:
(a) The commercial telephone solicitor shall not make
any additional commercial telephone solicitation of the called
party at that telephone number within a period of at least one
year; and
(b) The commercial telephone solicitor shall not sell or
give the called party’s name and telephone number to
another commercial telephone solicitor: PROVIDED, That
the commercial telephone solicitor may return the list,
including the called party’s name and telephone number, to
the company or organization from which it received the list.
(3) The utilities and transportation commission shall by
rule ensure that telecommunications companies inform their
residential customers of the provisions of this section. The
notification may be made by:
(a) Annual inserts in the billing statements mailed to
residential customers; or
(b) Conspicuous publication of the notice in the consumer information pages of local telephone directories.
(4) If a sale or an agreement to purchase is completed,
the commercial telephone solicitor must inform the purchaser
of his or her cancellation rights as enunciated in this chapter,
state the registration number issued by the department of
licensing, and give the street address of the seller.
(5) If, at any time prior to sale or agreement to purchase, the commercial telephone solicitor’s registration
number is requested by the purchaser, it must be provided.
(6) All oral disclosures required by this section shall be
made in a clear and intelligible manner. [1989 c 20 § 11.]
19.158.120
Cancellation of purchases—
Requirements—Notice—Voidable contracts. (1) A
purchase of property, goods, or services ordered as a result
of a commercial telephone solicitation as defined in this
chapter, if not followed by a written confirmation, is not
final. The confirmation must contain an explanation of the
consumer’s rights under this section and a statement indicating where notice of cancellation should be sent. The
purchaser may give notice of cancellation to the seller in
writing within three business days after receipt of the
confirmation. If the commercial telephone solicitor has not
provided an address for receipt of such notice, cancellation
is effective by mailing the notice to the department of
licensing.
(2) Notice of cancellation shall be given by certified
mail, return receipt requested, and shall be effective when
mailed. Notice of cancellation given by the purchaser need
not take a particular form and is sufficient if it indicates by
any form of written expression the name, address, and
(2002 Ed.)
Commercial Telephone Solicitation
telephone number of the purchaser and the purchaser’s stated
intention not to be bound by the sale.
(3) If a commercial telephone solicitor or a seller, if
different, violates this chapter in making a sale, or fails to
deliver an item within forty-two calendar days, the contract
is voidable by giving written notice to the seller and the
purchaser is entitled to a return from the seller within fourteen days of all consideration paid. Upon receipt by the
purchaser of the consideration paid to the seller, the purchaser shall make available to the seller, at a reasonable time and
place, the items received by the purchaser. Any cost of
returning the items received by the purchaser shall be borne
by the seller, by providing or guaranteeing payment for
return shipping. If such payment is not provided or guaranteed, the purchaser may keep without further obligation the
items received.
(4) Any contract, agreement to purchase, or written
confirmation executed by a seller which purports to waive
the purchaser’s rights under this chapter is against public
policy and shall be unenforceable: PROVIDED, That an
agreement between a purchaser and seller to extend the
delivery time of an item to more than forty-two days shall be
enforceable if the seller has a reasonable basis to expect that
he or she will be unable to ship the item within forty-two
days and if the agreement is included in the terms of the
written confirmation.
(5) Where a contract or agreement to purchase confers
on a purchaser greater rights to cancellation, refund, or
return than those enumerated in this chapter, such contract
shall be enforceable, and not in violation of this chapter:
PROVIDED, That all rights under such a contract or
agreement to purchase must be specifically stated in a
written confirmation sent pursuant to this section.
(6) The provisions of this section shall not reduce,
restrict, or eliminate any existing rights or remedies available
to purchasers. [1989 c 20 § 12.]
19.158.130 Damages, costs, attorneys’ fees—
Remedies not limited. In addition to any other penalties or
remedies under chapter 19.86 RCW, a person who is injured
by a violation of this chapter may bring an action for
recovery of actual damages, including court costs and
attorneys’ fees. No provision in this chapter shall be
construed to limit any right or remedy provided under
chapter 19.86 RCW. [1989 c 20 § 13.]
19.158.140 Civil penalties. A civil penalty shall be
imposed by the court for each violation of this chapter in an
amount not less than five hundred dollars nor more than two
thousand dollars per violation. [1989 c 20 § 14.]
19.158.150 Registration required—Penalty. No
salesperson shall solicit purchasers on behalf of a commercial telephone solicitor who is not currently registered with
the department of licensing pursuant to this chapter. Any
salesperson who violates this section is guilty of a misdemeanor. [1989 c 20 § 15.]
19.158.160 Penalties. (1) Except as provided in RCW
19.158.150, any person who knowingly violates any provision of this chapter or who knowingly, directly or indirectly
(2002 Ed.)
19.158.120
employs any device, scheme or artifice to deceive in
connection with the offer or sale by any commercial telephone solicitor shall be guilty of the following:
If the value of a transaction made in violation of RCW
19.158.040(1) is:
(a) Less than fifty dollars, the person shall be guilty of
a misdemeanor;
(b) Fifty dollars or more, then such person shall be
guilty of a gross misdemeanor; and
(c) Two hundred fifty dollars or more, then such person
shall be guilty of a class C felony.
(2) When any series of transactions which constitute a
violation of this section would, when considered separately,
constitute a series of misdemeanors or gross misdemeanors
because of the value of the transactions, and the series of
transactions are part of a common scheme or plan, the
transactions may be aggregated in one count and the sum of
the value of all the transactions shall be the value considered
in determining whether the violations are to be punished as
a class C felony or a gross misdemeanor. [1989 c 20 § 16.]
19.158.170 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 286.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
19.158.900 Severability—1989 c 20. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 20 § 19.]
19.158.901 Effective date—1989 c 20. The effective
date of this act shall be January 1, 1990. [1989 c 20 § 20.]
Chapter 19.160
BUSINESS TELEPHONE LISTINGS
Sections
19.160.010 Definitions.
19.160.020 Finding—Application of consumer protection act.
19.160.030 Misrepresentation of geographic location—Floral products.
19.160.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Local telephone directory" means a publication
listing telephone numbers for various businesses in a certain
geographic area and distributed free of charge to some or all
telephone subscribers in that area.
(2) "Local telephone number" means a telephone
number that can be dialed without incurring long distance
charges from telephones located within the area covered by
the local telephone directory in which the number is listed.
The term does not include long distance numbers, toll-free
[Title 19 RCW—page 233]
19.160.010
Title 19 RCW: Business Regulations—Miscellaneous
numbers, or 900 exchange numbers listed in a local telephone directory.
(3) "Person" means an individual, partnership, limited
liability partnership, corporation, or limited liability corporation. [1999 c 156 § 1.]
19.160.020 Finding—Application of consumer
protection act. The legislature finds that the practices
covered by this chapter are matters vitally affecting the
public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Violations of this
chapter are not reasonable in relation to the development and
preservation of business. A violation of this chapter is an
unfair or deceptive act in trade or commerce and an unfair
method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW. [1999 c 156
§ 3.]
19.160.030 Misrepresentation of geographic location—Floral products. No person engaged in the selling,
delivery, or solicitation of cut flowers, flower arrangements,
or floral products may misrepresent his, her, or its geographic location by:
(1) Listing a local telephone number in a local telephone
directory if:
(a) Calls to the telephone number are routinely forwarded or otherwise transferred to a business location that is
outside the calling area covered by the local telephone
directory; and
(b) The listing fails to conspicuously disclose the
locality and state in which the business is located; or
(2) Listing a business name in a local telephone directory if:
(a) The name misrepresents the business’s geographic
location; and
(b) The listing fails to disclose the locality and state in
which the business is located. [1999 c 156 § 2.]
Chapter 19.162
PAY-PER-CALL INFORMATION
DELIVERY SERVICES
Sections
19.162.010 Application of consumer protection act—Scope.
19.162.020 Definitions.
19.162.030 Program message preamble.
19.162.040 Advertisement of services.
19.162.050 Services directed at children.
19.162.060 Nonpayment of charges.
19.162.070 Violations—Action for damages.
Information delivery services through exclusive number prefix or service
access code: RCW 80.36.500.
19.162.010 Application of consumer protection
act—Scope. (1) The legislature finds that the deceptive use
of pay-per-call information delivery services is a matter
vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW.
(2) The deceptive use of pay-per-call information
delivery services is not reasonable in relation to the development and preservation of business. A violation of this
chapter is an unfair or deceptive act in trade or commerce
[Title 19 RCW—page 234]
for the purpose of applying the consumer protection act,
chapter 19.86 RCW, and constitutes an act of deceptive payper-call information delivery service.
(3) This chapter applies to a communication made by a
person in Washington or to a person in Washington. [1991
c 191 § 1.]
19.162.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means an individual, corporation, the state
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, cooperative, or any other legal
entity.
(2) "Information delivery services" means telephonerecorded messages, interactive programs, or other information services that are provided for a charge to a caller
through an exclusive telephone number prefix or service
access code.
(3) "Information provider" means the person who
provides the information, prerecorded message, or interactive
program for the information delivery service. The information provider generally receives a portion of the revenue
from the calls. "Information provider" does not include the
medium for advertising information delivery services.
(4) "Interactive program" means a program that allows
an information delivery service caller, once connected to the
information provider’s delivery service, to use the caller’s
telephone device to access more specific information or
further information or to talk to other callers during the call.
(5) "Telecommunications company" includes every
corporation, company, association, joint stock association,
partnership, and person, their lessees, trustees, or receivers
appointed by any court whatsoever, and every city or town
owning, operating, or managing any facilities used to provide
telecommunications for hire, sale, or resale to the general
public within the state of Washington.
(6) "Interexchange carrier" means a carrier providing
transmissions between local access and transport areas
interstate or intrastate.
(7) "Billing services" means billing and collection
services provided to information providers whether by the
local exchange company or the interexchange carrier.
(8) "Program message" means the information that a
caller hears or receives upon placing a call to an information
provider.
(9) "Advertisement" includes all radio, television, or
other broadcast, video, newspaper, magazine, or publication,
billboard, direct mail, print media, telemarketing, or any
promotion of an information delivery service, program, or
number, and includes brochures, pamphlets, fliers, coupons,
promotions, or the labeling of products or in-store communications circulated or distributed in any manner whatsoever.
"Advertisement" does not include any listing in a white page
telephone directory. In a yellow page telephone directory,
"advertisement" includes only yellow page display advertising.
(10) "Subscriber" means the person in whose name an
account is billed.
(11) "Does business in Washington" includes providing
information delivery services to Washington citizens,
(2002 Ed.)
Pay-Per-Call Information Delivery Services
advertising information delivery services in Washington,
entering into a contract for billing services in Washington,
entering into a contract in Washington with a telecommunications company or interexchange carrier for transmission
services, or having a principal place of business in Washington. [1991 c 191 § 2.]
19.162.030 Program message preamble. (1) An
information provider that does business in Washington must
include a preamble in all program messages for:
(a) Programs costing more than five dollars per minute;
or
(b) Programs having a total potential cost of greater than
ten dollars.
(2) The preamble must:
(a) Accurately describe the service that will be provided
by the program;
(b) Advise the caller of the price of the call, including:
(i) Any per minute charge;
(ii) Any flat rate charge; and
(iii) Any minimum charge;
(c) State that billing will begin shortly after the end of
the introductory message; and
(d) Be clearly articulated, at a volume equal to that of
the program message, in plain English or the language used
to promote the information delivery service, and spoken in
a normal cadence.
(3) Mechanisms that provide for the option of bypassing
the preamble are only permitted when:
(a) The caller has made use of the information
provider’s service in the past, at which time the preamble
required by this section was part of the program message;
and
(b) The cost of the call has not changed during the
thirty-day period before the call.
(4) When an information provider’s program message
consists of a polling application that permits the caller to
register an opinion or vote on a matter by completing a call,
this section does not apply. [1991 c 191 § 3.]
19.162.040 Advertisement of services. An information provider that does business in Washington shall comply
with the following provisions in its advertisement of information delivery services:
(1) Advertisements for information delivery services that
are broadcast by radio or television, contained in home
videos, or that appear on movie screens must include a
voice-over announcement that is clearly audible and articulates the price of the service provided. The announcement
must be made at a volume equal to that used to announce
the telephone number, spoken in a normal cadence, and in
plain English or the language used in the advertisement.
(2) Advertisements for information delivery services that
are broadcast by television, contained in home videos, or that
appear on movie screens must include, in clearly visible
letters and numbers, the cost of calling the advertised
number. This visual disclosure of the cost of the call must
be displayed adjacent to the number to be called whenever
the number is shown in the advertisement, and the lettering
of the visual disclosure of the cost must be in the same size
and typeface as that of the number to be called.
(2002 Ed.)
19.162.020
(3)(a) Except as otherwise provided in (b) of this
subsection, advertisements for information delivery services
that appear in print must include, in clearly visible letters
and numbers, the cost of calling the advertised number. The
printed disclosure of the cost of the call must be displayed
adjacent to the number to be called wherever the number is
shown in the advertisement.
(b) In telephone directory yellow page display advertising and in printed materials published not more than three
times a year, instead of disclosing the cost of the service,
advertisements for information delivery services, shall
include the conspicuous disclosure that the call is a pay-percall service.
(4) The advertised price or cost of the information
delivery service must include:
(a) Any per minute charge;
(b) Any flat rate charge; and
(c) Any minimum charge. [1991 c 191 § 4.]
19.162.050 Services directed at children. An
information provider that does business in the state of
Washington shall not direct information delivery services to
children under the age of twelve years unless the information
provider complies with the following provisions:
(1) Interactive calls where children under the age of
twelve years can speak to other children under the age of
twelve years are prohibited.
(2) Programs directed to children under the age of
twelve where the children are asked to provide their names,
addresses, telephone numbers, or other identifying information are prohibited.
(3) Advertisements for information delivery services that
are directed to children under the age of twelve years must
contain a visual disclosure that clearly and conspicuously in
the case of print and broadcast advertising, and audibly in
the case of broadcast advertising, states that children under
the age of twelve years must obtain parental consent before
placing a call to the advertised number.
(4) Program messages that encourage children under the
age of twelve years to make increased numbers of calls in
order to obtain progressively more valuable prizes, awards,
or similarly denominated items are prohibited.
(5) Advertisements for information delivery services that
are directed to children under the age of twelve years must
contain, in age-appropriate language, an accurate description
of the services being provided. In the case of print advertising, the information must be clear and conspicuous and in
the case of broadcast advertising, it must be visually displayed clearly and conspicuously and verbally disclosed in
an audible, clearly articulated manner.
(6) Program messages that are directed to children under
the age of twelve years that employ broadcast advertising
where an electronic tone signal is emitted during the broadcast of the advertisement that automatically dials the program message are prohibited. [1991 c 191 § 5.]
19.162.060 Nonpayment of charges. An information
provider’s failure to substantially comply with any of the
provisions of RCW 19.162.030 through 19.162.050 is a
defense to the nonpayment of charges accrued as a result of
using the information provider’s services, billed by any
[Title 19 RCW—page 235]
19.162.060
Title 19 RCW: Business Regulations—Miscellaneous
entity, including but not limited to telecommunications
companies and interexchange carriers. [1991 c 191 § 6.]
19.162.070 Violations—Action for damages. A
person who suffers damage from a violation of this chapter
may bring an action against an information provider. In an
action alleging a violation of this chapter, the court may
award the greater of three times the actual damages sustained
by the person or five hundred dollars; equitable relief,
including but not limited to an injunction and restitution of
money and property; attorneys’ fees and costs; and any other
relief that the court deems proper. For purposes of this
section, a telecommunications company or interexchange
carrier is a person. [1991 c 191 § 7.]
Chapter 19.166
INTERNATIONAL STUDENT EXCHANGE
Sections
19.166.010
19.166.020
19.166.030
19.166.040
19.166.050
19.166.060
19.166.070
19.166.080
19.166.090
19.166.100
19.166.900
19.166.901
Intent.
Definitions.
Organization registration.
Organization application for registration—Suspension of
license or certificate for noncompliance with support
order—Reinstatement.
Standards.
Rules—Fee.
Informational document.
Complaints.
Violations—Misdemeanor.
Violations—Consumer protection act.
Severability—1991 c 128.
Effective date—1991 c 128.
19.166.010
Intent. It is the intent of the legislature
to:
(1) Promote the health, safety, and welfare of international student exchange visitors in Washington in accordance
with uniform national standards;
(2) Promote quality education and living experiences for
international student exchange visitors living in Washington;
(3) Promote international awareness among Washington
residents, by encouraging Washington residents to interact
with international student exchange visitors;
(4) Encourage public confidence in international student
exchange visitor placement organizations operating in
Washington;
(5) Encourage and assist with compliance with United
States information agency regulations and nationally established standards; and
(6) Promote the existence and quality of international
student visitor exchange programs operating in Washington.
[1991 c 128 § 1.]
19.166.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "International student exchange visitor placement
organization" or "organization" means a person, partnership,
corporation, or other entity that regularly arranges the
placement of international student exchange visitors for the
purpose, in whole or in part, of allowing the student an
opportunity to attend school in the United States.
[Title 19 RCW—page 236]
(2) "International student exchange visitor" or "student"
means any person eighteen years of age or under, or up to
age twenty-one if enrolled or to be enrolled in high school
in this state, placed by an international student exchange
visitor placement organization, who enters the United States
with a nonimmigrant visa. [1991 c 128 § 2.]
19.166.030 Organization registration. (1) All
international student exchange visitor placement organizations that place students in public schools in the state shall
register with the secretary of state.
(2) Failure to register is a violation of this chapter.
(3) Information provided to the secretary of state under
this chapter is a public record.
(4) Registration shall not be considered or be represented as an endorsement of the organization by the secretary of
state or the state of Washington.
(5) On a date established by rule by the secretary of
state, the secretary of state shall provide annually to the
superintendent of public instruction a list of all currently
registered international student placement organizations. The
superintendent of public instruction shall distribute annually
the list of all currently registered international student placement organizations to all Washington state school districts.
[1995 c 60 § 1; 1991 c 128 § 3.]
19.166.040 Organization application for registration—Suspension of license or certificate for noncompliance with support order—Reinstatement. (1) An application for registration as an international student exchange
visitor placement organization shall be submitted in the form
prescribed by the secretary of state. The application shall
include:
(a) Evidence that the organization meets the standards
established by the secretary of state under RCW 19.166.050;
(b) The name, address, and telephone number of the
organization, its chief executive officer, and the person
within the organization who has primary responsibility for
supervising placements within the state;
(c) The organization’s unified business identification
number, if any;
(d) The organization’s United States Information
Agency number, if any;
(e) Evidence of council on standards for international
educational travel listing, if any;
(f) Whether the organization is exempt from federal
income tax; and
(g) A list of the organization’s placements in Washington for the previous academic year including the number
of students placed, their home countries, the school districts
in which they were placed, and the length of their placements.
(2) The application shall be signed by the chief executive officer of the organization and the person within the
organization who has primary responsibility for supervising
placements within Washington. If the secretary of state
determines that the application is complete, the secretary of
state shall file the application and the applicant is registered.
(3) International student exchange visitor placement
organizations that have registered shall inform the secretary
of state of any changes in the information required under
(2002 Ed.)
International Student Exchange
subsection (1) of this section within thirty days of the
change.
(4) Registration shall be renewed annually as established
by rule by the office of the secretary of state.
(5) The office of the secretary of state shall immediately
suspend the license or certificate of a person who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the office
of the secretary of state’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the order. [1997 c 58 § 854;
1995 c 60 § 2; 1991 c 128 § 5.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
19.166.050 Standards. The secretary of state shall
adopt standards for international student exchange visitor
placement organizations. In adopting the standards, the
secretary of state shall strive to adopt standards established
by the United States Information Agency and the council on
standards for international educational travel and strive to
achieve uniformity with national standards. The secretary of
state may incorporate standards established by the United
States Information Agency or the council on standards for
international educational travel by reference and may accept
an organization’s designation by the United States Information Agency or acceptance for listing by the council on
standards for international educational travel as evidence of
compliance with such standards. [1991 c 128 § 4.]
19.166.060 Rules—Fee. The secretary of state may
adopt rules as necessary to carry out its duties under this
chapter. The rules may include providing for a reasonable
registration fee, not to exceed fifty dollars, to defray the
costs of processing registrations. [1991 c 128 § 6.]
19.166.070 Informational document. International
student exchange organizations that have agreed to provide
services to place students in the state shall provide an
informational document, in English, to each student, host
family, and superintendent of the school district in which the
student is being placed. The document shall be provided
before placement and shall include the following:
(1) An explanation of the services to be performed by
the organization for the student, host family, and school
district;
(2) A summary of this chapter prepared by the secretary
of state;
(2002 Ed.)
19.166.040
(3) Telephone numbers that the student, host family, and
school district may call for assistance. The telephone
numbers shall include, at minimum, an in-state telephone
number for the organization, and the telephone numbers of
the organization’s national headquarters, if any, the United
States Information Agency, and the office of the secretary of
state. [1991 c 128 § 7.]
19.166.080 Complaints. The secretary of state may,
upon receipt of a complaint regarding an international
student exchange organization, report the matter to the
organization involved, the United States Information Agency,
or the council on standards for international education travel,
as he or she deems appropriate. [1991 c 128 § 8.]
19.166.090 Violations—Misdemeanor. Any person
who violates any provision of this chapter or who willfully
and knowingly gives false or incorrect information to the
secretary of state, attorney general, or county prosecuting
attorney in filing statements required by this chapter, whether
or not such statement or report is verified, is guilty of a
misdemeanor punishable under chapter 9A.20 RCW. [2000
c 171 § 75; 1991 c 128 § 9.]
19.166.100 Violations—Consumer protection act.
The legislature finds that the practices covered by this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. Violations of this chapter are not reasonable in
relation to the development and preservation of business. A
violation of this chapter is an unfair or deceptive act in trade
or commerce and an unfair method of competition for the
purpose of applying the consumer protection act, chapter
19.86 RCW. [1991 c 128 § 10.]
19.166.900 Severability—1991 c 128. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 128 § 16.]
19.166.901 Effective date—1991 c 128. Sections 1
through 11 and 13 through 16 of this act shall take effect
January 1, 1992. [1991 c 128 § 17.]
Chapter 19.170
PROMOTIONAL ADVERTISING OF PRIZES
Sections
19.170.010 Finding—Violations—Consumer protection act—
Application.
19.170.020 Definitions.
19.170.030 Disclosures required.
19.170.040 Disclosures—Prizes awarded—Rain checks.
19.170.050 Simulated checks—Continuing obligation checks—Notice.
19.170.060 Damages—Penalties.
19.170.070 Violation—Penalty.
19.170.080 Remedies not exclusive.
19.170.900 Severability—1991 c 227.
[Title 19 RCW—page 237]
19.170.010
Title 19 RCW: Business Regulations—Miscellaneous
19.170.010 Finding—Violations—Consumer protection act—Application. (1) The legislature finds that
deceptive promotional advertising of prizes is a matter vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW.
(2) Deceptive promotional advertising of prizes is not
reasonable in relation to the development and preservation of
business. A violation of this chapter is an unfair or deceptive act in trade or commerce for the purpose of applying the
consumer protection act, chapter 19.86 RCW, and constitutes
an act of deceptive promotional advertising.
(3) This chapter applies to a promotion offer:
(a) Made to a person in Washington;
(b) Used to induce or invite a person to come to the
state of Washington to claim a prize, attend a sales presentation, meet a promoter, sponsor, salesperson, or their agent,
or conduct any business in this state; or
(c) Used to induce or invite a person to contact by any
means a promoter, sponsor, salesperson, or their agent in this
state. [1991 c 227 § 1.]
19.170.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Person" means an individual, corporation, the state
or its subdivisions or agencies, business trust, estate, trust,
partnership, association, cooperative, or any other legal
entity.
(2) "Prize" means a gift, award, travel coupon or certificate, free item, or any other item offered in a promotion that
is different and distinct from the goods, service, or property
promoted by a sponsor. "Prize" does not include an item
offered in a promotion where all of the following elements
are present:
(a) No element of chance is involved in obtaining the
item offered in the promotion;
(b) The recipient has the right to review the merchandise offered for sale without obligation for at least seven
days, and has a right to obtain a full refund in thirty days for
the return of undamaged merchandise;
(c) The recipient may keep the item offered in the
promotion without obligation; and
(d) The recipient is not required to attend any sales
presentation or spend any sum in order to receive the item
offered in the promotion.
(3) "Promoter" means a person conducting a promotion.
(4) "Promotion" means an advertising program, sweepstakes, contest, direct giveaway, or solicitation directed to
specific named individuals, that includes the award of or
chance to be awarded a prize.
(5) "Offer" means a written notice delivered by hand,
mail, or other print medium offering goods, services, or
property made as part of a promotion to a person based on
a representation that the person has been awarded, or will be
awarded, a prize.
(6) "Sponsor" means a person on whose behalf a
promotion is conducted to promote or advertise goods,
services, or property of that person.
(7) "Simulated check" means a document that is not
currency or a check, draft, note, bond, or other negotiable
instrument but has the visual characteristics thereof.
[Title 19 RCW—page 238]
"Simulated check" does not include a nonnegotiable check,
draft, note, or other instrument that is used for soliciting
orders for the purchase of checks, drafts, notes, bonds, or
other instruments and that is clearly marked as a sample,
specimen, or nonnegotiable.
(8) "Continuing obligation check" means a document
that is a check, draft, note, bond, or other negotiable instrument that, when cashed, deposited, or otherwise used,
imposes on the payee an obligation to enter into a loan transaction. This definition does not include checks, drafts, or
other negotiable instruments that are used by consumers to
take advances on revolving loans, credit cards, or revolving
credit accounts.
(9) "Verifiable retail value" means:
(a) A price at which a promoter or sponsor can demonstrate that a substantial number of prizes have been sold at
retail in the local market by a person other than the promoter
or sponsor; or
(b) If the prize is not available for retail sale in the local
market, the retail fair market value in the local market of an
item substantially similar in each significant aspect, including
size, grade, quality, quantity, ingredients, and utility; or
(c) If the value of the prize cannot be established under
(a) or (b) of this subsection, then the prize may be valued at
no more than three times its cost to the promoter or sponsor.
(10) "Financial institution" means any bank, trust
company, savings bank, savings and loan association, credit
union, industrial loan company, or consumer finance lender
subject to regulation by an official agency of this state or the
United States, and any subsidiary or affiliate thereof. [1991
c 227 § 2.]
19.170.030 Disclosures required. (1) The offer must
identify the name and address of the promoter and the
sponsor of the promotion.
(2) The offer must state the verifiable retail value of
each prize offered in it.
(3)(a) If an element of chance is involved, each offer
must state the odds the participant has of being awarded
each prize. The odds must be expressed in Arabic numerals,
in ratio form, based on the total number of prizes to be
awarded and the total number of offers distributed.
(b) If the promotion identified in the offer is part of a
collective promotion with more than one participating
sponsor, that fact must be clearly and conspicuously disclosed.
(c) The odds must be stated in a manner that will not
deceive or mislead a person about that person’s chance of
being awarded a prize.
(4) The verifiable retail value and odds for each prize
must be stated in immediate proximity on the same page
with the first listing of each prize in type at least as large as
the typeface used in the standard text of the offer.
(5) If a person is required or invited to view, hear, or
attend a sales presentation in order to claim a prize that has
been awarded, may have been awarded, or will be awarded,
the requirement or invitation must be conspicuously disclosed under subsection (7) of this section to the person in
the offer in bold-face type at least as large as the typeface
used in the standard text of the offer.
(2002 Ed.)
Promotional Advertising of Prizes
(6) No item in an offer may be denominated a prize,
gift, award, premium, or similar term that implies the item
is free if, in order to receive the item or use the item for its
intended purpose the intended recipient is required to spend
any sum of money, including but not limited to shipping
fees, deposits, handling fees, payment for one item in order
to receive another at no charge, or the purchase of another
item or the expenditure of funds in order to make meaningful use of the item awarded in the promotion. The payment
of any applicable state or federal taxes by a recipient directly
to a government entity is not a violation of this section.
(7) If the receipt of the prize is contingent upon certain
restrictions or qualifications that the recipient must meet, or
if the use or availability of the prize is restricted or qualified
in any way, including, but not limited to restrictions on
travel dates, travel times, classes of travel, airlines, accommodations, travel agents, or tour operators, the restrictions or
qualifications must be disclosed on the offer in immediate
proximity on the same page with the first listing of the prize
in type at least as large as the typeface used in the standard
text of the offer or, in place thereof, the following statement
printed in direct proximity to the prize or prizes awarded in
type at least as large as the typeface used in the standard text
of the offer:
"Details and qualifications for participation in this
promotion may apply."
This statement must be followed by a disclosure, in the
same size type as the statement, indicating where in the offer
the restrictions may be found. The restrictions must be
printed in type at least as large as the typeface used in the
standard text of the offer.
(8) If a prize will not be awarded or given unless a
winning ticket, the offer itself, a token, number, lot, or other
device used to determine winners in a particular promotion
is presented to a promoter or a sponsor, this fact must be
clearly stated on the first page of the offer. [1999 c 31 § 1;
1991 c 227 § 3.]
19.170.040 Disclosures—Prizes awarded—Rain
checks. (1) Before a demonstration, seminar, or sales
presentation begins, the promoter shall inform the person of
the prize, if any, the person will receive.
(2) A prize or a voucher, certificate, or other evidence
of obligation given instead of a prize shall be given to a
person at the time the person is informed of the prize, if any,
the person will receive.
(3) A copy of the offer shall be returned to the person
receiving the prize at the time the prize is awarded.
(4) It is a violation of this chapter for a promoter or
sponsor to include a prize in an offer when the promoter or
sponsor knows or has reason to know that the prize will not
be available in a sufficient quantity based upon the reasonably anticipated response to the offer.
(5)(a) If the prize is not available for immediate delivery
to the recipient, the recipient shall be given, at the promoter
or sponsor’s option, a rain check for the prize, the verifiable
retail value of the prize in cash, or a substitute item of equal
or greater verifiable retail value.
(b) If the rain check cannot be honored within thirty
days, the promoter or sponsor shall mail to the person a
(2002 Ed.)
19.170.030
valid check or money order for the verifiable retail value of
the prize described in this chapter.
(6) A sponsor shall fulfill the rain check within thirty
days if the person named as being responsible fails to honor
it.
(7) The offer shall contain the following clear and
conspicuous statement of recipients’ rights printed in type at
least as large as the typeface used in the standard text of the
offer:
"If you receive a rain check in lieu of the prize,
you are entitled by law to receive the prize, an item
of equal or greater value, or the cash equivalent of
the offered prize within thirty days of the date on
which you claimed the prize."
(8) It is a violation of this chapter to misrepresent the
quality, type, value, or availability of a prize. [1991 c 227
§ 4.]
19.170.050 Simulated checks—Continuing obligation checks—Notice. (1) No person may produce, advertise,
offer for sale, sell, distribute, or otherwise transfer for use in
this state a simulated check unless the document bears the
phrase "THIS IS NOT A CHECK," diagonally printed in
type at least as large as the predominant typeface in the
simulated check on the front of the check itself.
(2) No person, other than a financial institution, may
produce, advertise, offer for sale, sell, distribute, or otherwise transfer for use in this state a continuing obligation
check unless the document bears the phrase "THIS IS A
LOAN" or "CASHING THIS REQUIRES REPAYMENT,"
diagonally printed in type at least as large as the predominant typeface in the continuing obligation check on the front
of the check itself. [1991 c 227 § 5.]
19.170.060 Damages—Penalties. (1) A person who
suffers damage from an act of deceptive promotional
advertising may bring an action against the sponsor or
promoter of the advertising, or both. Damages include, but
are not limited to, fees paid in violation of RCW
19.170.030(6) and the dollar value of a prize represented to
be awarded to a person, but not received by that person.
(2) In an action for deceptive promotional advertising,
the court may award the greater of five hundred dollars or
three times the actual damages sustained by the person, not
to exceed ten thousand dollars; equitable relief, including,
but not limited to an injunction and restitution of money and
property; attorneys’ fees and costs; and any other relief that
the court deems proper. [1991 c 227 § 6.]
19.170.070 Violation—Penalty. A person who
knowingly violates any provision of this chapter is guilty of
a gross misdemeanor. [1991 c 227 § 7.]
19.170.080 Remedies not exclusive. The remedies
prescribed in this chapter do not limit or bar any existing
remedies at law or equity. [1991 c 227 § 8.]
19.170.900 Severability—1991 c 227. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
[Title 19 RCW—page 239]
19.170.900
Title 19 RCW: Business Regulations—Miscellaneous
application of the provision to other persons or circumstances is not affected. [1991 c 227 § 11.]
Chapter 19.174
AUTOMATED TELLER MACHINES AND NIGHT
DEPOSITORIES SECURITY
Sections
19.174.010
19.174.020
19.174.030
19.174.040
19.174.050
19.174.060
19.174.070
19.174.080
19.174.090
19.174.900
Intent.
Definitions.
Safety procedures—Requirements.
Lighting requirements—Compliance.
Lighting requirements.
Notice to customer.
Exceptions.
Chapter supersedes local government actions.
Compliance evidence of adequate safety measures.
Effective date—1993 c 324.
19.174.010 Intent. The intent of the legislature in
enacting this chapter is to enhance the safety of consumers
using automated teller machines and night deposit facilities
in Washington without discouraging the siting of automated
teller machines and night deposit facilities in locations
convenient to consumers’ homes and workplaces. Because
decisions concerning safety at automated teller machines and
night deposit facilities are inherently subjective, the legislature establishes as the standard of care applicable to operators of automated teller machines and night deposit facilities,
in connection with user safety, compliance with the objective
standards and information requirements of this chapter. It is
not the intent of the legislature in enacting this chapter to
impose a duty to relocate or modify automated teller
machines or night deposit facilities upon the occurrence of
a particular event or circumstance, but rather to establish a
means for the evaluation of all automated teller machines
and night deposit facilities as provided in this chapter. The
legislature further recognizes the need for uniformity as to
the establishment of safety standards for automated teller
machines and night deposit facilities and intends with this
chapter to supersede and preempt a rule, regulation, code, or
ordinance of a city, county, municipality, or local agency
regarding customer safety at automated teller machines and
night deposit facilities in Washington. [1993 c 324 § 2.]
19.174.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Access area" means a paved walkway or sidewalk
that is within fifty feet of an automated teller machine or
night deposit facility. "Access area" does not include
publicly maintained sidewalks or roads.
(2) "Access device" means:
(a) "Access device" as defined in federal reserve board
Regulation E, 12 C.F.R. Part 205, promulgated under the
Electronic Fund Transfer Act, 15 U.S.C. Sec. 1601, et seq.;
or
(b) A key or other mechanism issued by a banking
institution to its customer to give the customer access to the
banking institution’s night deposit facility.
(3) "Automated teller machine" means an electronic
information processing device located in this state that
[Title 19 RCW—page 240]
accepts or dispenses cash in connection with a credit,
deposit, or convenience account. "Automated teller machine" does not include a device used primarily to facilitate
check guarantees or check authorizations, used in connection
with the acceptance or dispensing of cash on a person-toperson basis such as by a store cashier, or used for payment
of goods and services.
(4) "Banking institution" means a state or federally chartered bank, trust company, savings bank, savings and loan
association, and credit union.
(5) "Candle-foot power" means a light intensity of
candles on a horizontal plane at thirty-six inches above
ground level and five feet in front of the area to be measured.
(6) "Control of an access area or defined parking area"
means to have the present authority to determine how, when,
and by whom it is to be used, and how it is to be maintained, lighted, and landscaped.
(7) "Defined parking area" means that portion of a
parking area open for customer parking that is:
(a) Contiguous to an access area with respect to an
automated teller machine or night deposit facility;
(b) Regularly, principally, and lawfully used for parking
by users of the automated teller machine or night deposit
facility while conducting transactions during hours of
darkness; and
(c) Owned or leased by the operator of the automated
teller machine or night deposit facility or owned or controlled by the party leasing the automated teller machine or
night deposit facility site to the operator. "Defined parking
area" does not include a parking area that is not open or
regularly used for parking by users of the automated teller
machine or night deposit facility who are conducting
transactions during hours of darkness. A parking area is not
open if it is physically closed to access or if conspicuous
signs indicate that it is closed. If a multiple level parking
area satisfies the conditions of this subsection (7)(c) and
would therefore otherwise be a defined parking area, only
the single parking level deemed by the operator of the automated teller machine and night deposit facility to be the
most directly accessible to the users of the automated teller
machine and night deposit facility is a defined parking area.
(8) "Hours of darkness" means the period that commences thirty minutes after sunset and ends thirty minutes
before sunrise.
(9) "Night deposit facility" means a receptacle that is
provided by a banking institution for the use of its customers
in delivering cash, checks, and other items to the banking
institution.
(10) "Operator" means a banking institution or other
business entity or a person who operates an automated teller
machine or night deposit facility. [2000 c 171 § 76; 1993 c
324 § 1.]
19.174.030 Safety procedures—Requirements. On
or before July 1, 1994, with respect to an existing installed
automated teller machine and night deposit facility in this
state, and an automated teller machine or night deposit
facility installed after July 1, 1994, the operator shall adopt
procedures for evaluating the safety of the automated teller
(2002 Ed.)
Automated Teller Machines and Night Depositories Security
machine or night deposit facility. These procedures must
pertain to the following:
(1) The extent to which the lighting for the automated
teller machine or night deposit facility complies or will
comply with the standards required by RCW 19.174.050;
(2) The presence of landscaping, vegetation, or other
obstructions in the area of the automated teller machine or
night deposit facility, the access area, and the defined
parking area; and
(3) The incidence of crimes of violence in the immediate neighborhood of the automated teller machine or night
deposit facility, as reflected in the records of the local law
enforcement agency and of which the operator has actual
knowledge. [1993 c 324 § 3.]
19.174.040 Lighting requirements—Compliance.
(1) An operator of an automated teller machine or night
deposit facility installed on or after July 1, 1994, shall
comply with RCW 19.174.050 beginning on the date the
automated teller machine or night deposit facility is installed.
Compliance with RCW 19.174.050 by an operator as to an
automated teller machine and night deposit facility existing
as of July 1, 1994, is optional until July 1, 1996, and
mandatory thereafter. This section applies to an operator of
an automated teller machine or night deposit facility only to
the extent that the operator controls the access area or
defined parking area to be lighted.
(2) If an access area or a defined parking area is not
controlled by the operator of an automated teller machine or
night deposit facility, and if the person who leased the
automated teller machine or night deposit facility site to the
operator controls the access area or defined parking area, the
person who controls the access area or defined parking area
shall comply with RCW 19.174.050 for an automated teller
machine or night deposit facility installed on or after July 1,
1994, beginning on the date the automated teller machine or
night deposit facility is installed and for an automated teller
machine or night deposit facility existing as of July 1, 1994,
by or on July 1, 1996. [1993 c 324 § 4.]
19.174.050 Lighting requirements. The operator,
owner, or other person responsible for an automated teller
machine or night deposit facility shall provide lighting
during hours of darkness with respect to an open and operating automated teller machine or night deposit facility and a
defined parking area, access area, and the exterior of an
enclosed automated teller machine or night deposit facility
installation according to the following standards:
(1) There must be a minimum of ten candle-foot power
at the face of the automated teller machine or night deposit
facility and extending in an unobstructed direction outward
five feet;
(2) There must be a minimum of two candle-foot power
within fifty feet from all unobstructed directions from the
face of the automated teller machine or night deposit facility.
In the event the automated teller machine or night deposit
facility is located within ten feet of the corner of the
building and the automated teller machine or night deposit
facility is generally accessible from the adjacent side, there
must be a minimum of two candle-foot power along the first
(2002 Ed.)
19.174.030
forty unobstructed feet of the adjacent side of the building;
and
(3) There must be a minimum of two candle-foot power
in that portion of the defined parking area within fifty feet
of the automated teller machine or night deposit facility.
[1993 c 324 § 5.]
19.174.060 Notice to customer. The issuer of an
access device shall furnish a customer receiving the device
with a notice of basic safety precautions that the customer
should employ while using an automated teller machine or
night deposit facility. This information must be furnished by
personally delivering or by mailing the information to each
customer whose mailing address is in this state for the
account to which the access device relates. This information
must be furnished for an access device issued on or after
July 1, 1994, at or before the time the customer is furnished
with his or her access device. For a customer to whom an
access device was issued before July 1, 1994, the information must be delivered or mailed to the customer on or
before December 31, 1994. Only one notice must be
furnished per household, and if an access device is furnished
to more than one customer for a single account or set of
accounts or on the basis of a single application or other
request for the access devices, only a single notice must be
furnished in satisfaction of the notification responsibilities as
to all those customers. The information may be included
with other disclosures related to the access device furnished
to the customer, such as with an initial or periodic disclosure
statement furnished under the Electronic Fund Transfer Act,
15 U.S.C. Sec. 1601, et seq. [1993 c 324 § 6.]
19.174.070 Exceptions. This chapter does not apply
to an automated teller machine or night deposit facility that
is:
(1) Located inside of a building, unless it is a freestanding installation that exists for the sole purpose of providing
an enclosure for the automated teller machine or night
deposit facility;
(2) Located inside a building, except to the extent a
transaction can be conducted from outside the building; or
(3) Located in an area, including an access area,
building, enclosed space, or parking area that is not controlled by the operator. [1993 c 324 § 7.]
19.174.080 Chapter supersedes local government
actions. This chapter supersedes and preempts all rules,
regulations, codes, statutes, or ordinances of all cities,
counties, municipalities, and local agencies regarding
customer safety at automated teller machines or night deposit
facilities located in this state. [1993 c 324 § 8.]
19.174.090 Compliance evidence of adequate safety
measures. Compliance with the objective standards and
information requirements of this chapter is prima facie
evidence that the operator of the automated teller machine or
night deposit facility in question has provided adequate
measures for the safety of users of the automated teller
machine or night depository. [1993 c 324 § 9.]
[Title 19 RCW—page 241]
19.174.900
Title 19 RCW: Business Regulations—Miscellaneous
19.174.900 Effective date—1993 c 324. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 12, 1993]. [1993 c 324 § 15.]
Chapter 19.178
GOING OUT OF BUSINESS SALES
Sections
19.178.010
19.178.020
19.178.030
19.178.040
19.178.050
19.178.060
19.178.070
19.178.080
19.178.090
19.178.100
19.178.110
19.178.120
19.178.130
19.178.140
19.178.900
19.178.901
Definitions.
Notice—Recording—Display—Service on attorney general.
Notice—Recording—Procedure.
Inventory list—Compilation of purchase orders.
Business identification number—Ownership interest purposes limited—Application of consumer protection act.
Time limit.
Merchandise—Consigned or not owned by seller—
Transfer—Additional.
Continuing business prohibited—Exception.
Means for continuation of closing business location prohibited.
Advertising—Moving sale.
Violations—Application of consumer protection act.
Violation—False or incorrect notice—Penalty.
Proceedings instituted by attorney general or prosecuting
attorney.
State preemption.
Application of chapter—Exceptions.
Severability—1993 c 456.
19.178.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Affiliated business" means a business or business
location that is directly or indirectly controlled by or under
common control with the business location or locations listed
in the notice of the sale or that has a common ownership
interest in the merchandise to be sold with the business location or locations listed in the notice of the sale.
(2) "Going out of business sale" means a sale or auction
advertised or held out to the public as the disposal of
merchandise in anticipation of cessation of business. This
includes but is not limited to a sale or auction advertised or
held out to the public as a "going out of business sale," a
"closing out sale," a "quitting business sale," a "loss of lease
sale," a "must vacate sale," a "liquidation sale," a "bankruptcy sale," a "sale to prevent bankruptcy," or another description suggesting price reduction due to the imminent closure
of the business.
(3) "Merchandise" means goods, wares, or other
property or services capable of being the object of a sale
regulated under this chapter.
(4) "Moving sale" means a sale or auction advertised or
held out to the public in anticipation of a relocation of the
business to within a thirty-mile radius of its existing location.
(5) "Person" means, where applicable, natural persons,
corporations, trusts, unincorporated associations, partnerships,
or other legal entities. [1993 c 456 § 2.]
19.178.020 Notice—Recording—Display—Service on
attorney general. (1) It is unlawful for a person to sell,
offer for sale, or advertise for sale merchandise at a going
out of business sale without first recording a notice of the
[Title 19 RCW—page 242]
going out of business sale and executing an affidavit of
inventory under this chapter.
(2) The notice of the sale must be displayed in a
prominent place on the premises where a going out of
business sale is being conducted.
(3) Where a going out of business sale is part of a
bankruptcy, receivership, or other court-ordered action, a
person required by this chapter to record a notice of the sale
shall serve a copy of the petition, motion, proposed order, or
other pleading requesting court approval of the sale on the
attorney general no less than seven days before the date on
which an action may be taken related to the conduct of the
sale by a court. [1993 c 456 § 3.]
19.178.030 Notice—Recording—Procedure. (1) A
person conducting a going out of business sale shall record
a notice of the sale with the county auditor at least fourteen
days before the beginning date of the sale.
(2) The notice must be signed under oath and acknowledged and must require, and the person signing the notice
shall set forth, the following facts and information regarding
the sale:
(a) The name, address, telephone number, and Washington state business identification number of the owner of the
merchandise to be sold. If the owner is a corporation, trust,
unincorporated association, partnership, or other legal entity,
the person signing the notice must be an officer of the entity
and must identify his or her title;
(b) The name, address, and telephone number of the
person who will be in charge and responsible for the conduct
of the sale;
(c) The descriptive name, location or locations, and
beginning and ending dates of the sale;
(d) Whether a person who has an ownership interest in
the business or in the merchandise to be sold has conducted
a going out of business sale within one year of recording the
notice;
(e) Whether a person who has an ownership interest in
the business or in the merchandise to be sold established or
acquired an ownership interest in the business within six
months of recording the notice; and
(f) A statement that:
(i) The merchandise ordered during the thirty days
before recording the notice consists only of bona fide orders
made in the usual course of business and does not contain
merchandise taken on consignment or otherwise;
(ii) No merchandise transferred from an affiliated
business was transferred in contemplation of conducting the
sale;
(iii) No merchandise will be ordered, taken on consignment, or transferred from an affiliated business after the
notice is recorded or during the sale;
(iv) No person who has an ownership interest in the
business or in the merchandise to be sold established or
acquired an interest in the business or in the merchandise to
be sold solely or principally for the purpose of conducting a
going out of business sale;
(v) The business will be discontinued after the ending
date of the sale and no merchandise held out for sale will be
subsequently offered for sale to the public by anyone who
(2002 Ed.)
Going Out of Business Sales
had an ownership interest in the business or in the merchandise offered for sale; and
(vi) No person who has an ownership interest in the
business or in the merchandise to be sold is subject to a
court order resulting from a civil enforcement action under
the consumer protection act for a violation of this chapter or
the type of conduct prohibited by this chapter. [1993 c 456
§ 5.]
19.178.040 Inventory list—Compilation of purchase
orders. (1) A person conducting a going out of business
sale shall, before recording the notice, make either an
inventory list of the merchandise to be sold or a compilation
of purchase orders issued by the business in the thirty days
before recording the notice of the sale.
(2) If a person elects to make an inventory list:
(a) The inventory list must identify the merchandise and
include the quantity of each item and the price at which each
item was offered for sale within one week of recording the
notice;
(b) The inventory list must identify items ordered within
thirty days of recording the notice but not yet received by
the business;
(c) The inventory list must be permanently attached to
an affidavit executed by the person recording the notice of
the sale stating that the inventory list is a true and correct
inventory of merchandise owned by the business conducting
the sale as of the date the affidavit is executed; and
(d) No item may be offered for sale at a going out of
business sale unless the item is included in the inventory list
for the sale.
(3) If a person elects to make a purchase order compilation, the compilation must be permanently attached to an
affidavit executed by the person recording the notice of the
sale stating that the compilation is a true and correct compilation of the purchase orders issued by the business in the
thirty days before recording the notice of the sale.
(4) The affidavit must be signed under oath and acknowledged before a notary public. Each page of the
inventory list or purchase order compilation must be marked
in some form by a notary public to verify its identity as part
of the inventory list or purchase order compilation for the
going out of business sale.
(5) A person conducting a going out of business sale
shall maintain possession of the affidavit and attached
inventory list or purchase order compilation for three years
after the ending date of the sale. The inventory list or
purchase order compilation is admissible evidence of
compliance or noncompliance with this chapter. [1993 c 456
§ 6.]
19.178.050 Business identification number—
Ownership interest purposes limited—Application of
consumer protection act. (1) No person may conduct a
going out of business sale except a person with a valid
Washington state business identification number.
(2) No person may conduct a going out of business sale
if a person who has an ownership interest in the business or
in the merchandise to be sold established or acquired an
ownership interest in the business solely or principally for
the purpose of conducting a going out of business sale. A
(2002 Ed.)
19.178.030
person who has either conducted a going out of business sale
within one year or established or acquired an interest in the
business conducting the sale within six months of recording
the notice is presumed to have established or acquired an
interest in the business solely or principally for the purpose
of conducting a going out of business sale.
(3) No person may conduct a going out of business sale
if a person who has an ownership interest in the business or
in the merchandise to be sold is subject to a court order
resulting from a civil enforcement action under the consumer
protection act for a violation of this chapter or the type of
conduct prohibited by this chapter. [1993 c 456 § 7.]
19.178.060 Time limit. No person may conduct a
going out of business sale for more than sixty days from the
beginning date of the sale. [1993 c 456 § 8.]
19.178.070 Merchandise—Consigned or not owned
by seller—Transfer—Additional. (1) No person may sell
consigned merchandise or other merchandise not owned by
the person signing the notice at a going out of business sale.
Merchandise ordered within thirty days of recording the
notice of the sale may consist only of bona fide orders made
in the usual course of business and may contain no merchandise taken on consignment or otherwise.
(2) No person in contemplation of conducting a going
out of business sale may transfer merchandise from an
affiliated business or business location to the location or
locations of the sale.
(3) No person, after recording the notice of a going out
of business sale, may buy or order merchandise, take
merchandise on consignment, or receive a transfer of
merchandise from an affiliated business or business location
for the purpose of selling it at the sale or sell the merchandise in a going out of business sale. [1993 c 456 § 9.]
19.178.080 Continuing business prohibited—
Exception. (1) No person may continue to conduct a going
out of business sale beyond the ending date listed in the notice of the sale.
(2) No person after conducting a going out of business
sale may remain in business under any of the same ownership, or under the same or substantially the same trade name,
or continue to offer for sale the same type of merchandise
for a period of one year after the ending date of the sale
unless the continuing business location was in operation
before recording the notice for the closing business location.
(3) For the purposes of this section, if a business entity
that is prohibited from continuing a business under this
section reformulates itself as a new entity or as an individual, whether by sale, merger, acquisition, bankruptcy, dissolution, or other transaction, for the purpose of continuing the
business or profiting from the business, the successor entity
or individual is considered the same person as the original
entity. If an individual who is prohibited from continuing a
business under this section forms a new business entity to
continue the business, participate in the business, or profit
from the business, that entity is considered the same person
as the individual. [1993 c 456 § 10.]
[Title 19 RCW—page 243]
19.178.090
Title 19 RCW: Business Regulations—Miscellaneous
19.178.090 Means for continuation of closing
business location prohibited. No person may conduct a
going out of business sale if any means have been established for continuation of the closing business location by
the same owner, directly or indirectly, by corporation, trust,
unincorporated association, partnership, or other legal entity
under the same name or under a different name. [1993 c
456 § 11.]
19.178.100 Advertising—Moving sale. (1) No person
may advertise a going out of business sale more than
fourteen days before the beginning date of the sale. All
advertising of the sale must state the beginning date and
must clearly and prominently state the ending date of the
sale. Except as provided in subsection (2) of this section, all
advertising must be confined to or refer to the address or
addresses and place or places of business specified in the
notice as going out of business and may not state that other
locations or affiliated businesses are cooperating with or
participating in the sale unless the other locations or affiliated businesses are included in the notice.
(2) Advertising broadcast on radio is not required to
refer to the address or addresses of the business specified in
the notice as going out of business, but must meet all other
conditions of this section.
(3) No advertising may contain false, misleading, or
deceptive statements regarding the nature, duration, merchandise, or other terms of a going out of business sale.
(4) Representations in advertising regarding price
savings or discounts on sale merchandise must be bona fide
and substantiated.
(5) A moving sale may not be advertised for more than
ninety days and may not occur more than once within a
twenty-four month period. [1993 c 456 § 12.]
19.178.110 Violations—Application of consumer
protection act. The legislature finds that the practices
covered by this chapter are matters vitally affecting the
public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. Violations of this
chapter are not reasonable in relation to the development and
preservation of business. A violation of this chapter is an
unfair or deceptive act in trade or commerce and an unfair
method of competition for the purpose of applying the
consumer protection act, chapter 19.86 RCW. [1993 c 456
§ 1.]
19.178.120 Violation—False or incorrect notice—
Penalty. A person who knowingly violates this chapter or
who knowingly gives false or incorrect information in a
notice required by this chapter is guilty of a gross misdemeanor punishable under chapter 9A.20 RCW. [1993 c 456
§ 13.]
19.178.130 Proceedings instituted by attorney
general or prosecuting attorney. The attorney general or
the proper prosecuting attorney may institute proceedings
under this chapter. [1993 c 456 § 14.]
[Title 19 RCW—page 244]
19.178.140 State preemption. The state of Washington fully occupies and preempts the entire field of regulating
going out of business sales. [1993 c 456 § 15.]
19.178.900 Application of chapter—Exceptions. (1)
This chapter shall apply only to persons who engage in the
retail sale of merchandise in their regular course of business.
(2) This chapter does not apply to:
(a) Persons acting in accordance with their powers and
duties as public officers, such as county sheriffs;
(b) Bulk transfers as defined in *RCW 62A.6-102; or
(c) Moving sales, except for RCW 19.178.100(5).
(3) Going out of business sales of perishable merchandise or merchandise damaged by fire, smoke, or water are
exempt from the requirement that the notice of the sale be
recorded at least fourteen days before the beginning date of
the sale. [1993 c 456 § 4.]
*Reviser’s note: RCW 62A.6-102 was repealed by 1993 c 395 § 6101.
19.178.901 Severability—1993 c 456. If any provision of this chapter or its application to any person or
circumstance is held invalid, the remainder of the chapter or
the application of the provision to other persons or circumstances is not affected. [1993 c 456 § 16.]
Chapter 19.182
FAIR CREDIT REPORTING ACT
Sections
19.182.005
19.182.010
19.182.020
19.182.030
19.182.040
19.182.050
19.182.060
19.182.070
19.182.080
19.182.090
19.182.100
19.182.110
19.182.120
19.182.130
19.182.140
19.182.150
19.182.160
19.182.900
19.182.901
19.182.902
Findings—Declaration.
Definitions.
Consumer report—Furnishing—Procuring.
Consumer report—Credit action not initiated by consumer—
Exclusion by consumer.
Consumer report—Prohibited information—Exceptions.
Investigative consumer report—Procurement, preparation—
Disclosure—Use—Liability—Record.
Consumer report—Procedures for compliance—Information
for governmental agency—Record.
Disclosures to consumer.
Disclosures to consumer—Procedures.
Consumer file—Dispute—Procedure—Notice—Statement of
dispute—Toll-free information number.
Consumer reporting agency—Consumer fees and charges for
required information—Exceptions.
Adverse action based on report—Procedure—Notice.
Limitation on action—Exception.
Obtaining information under false pretenses—Penalty.
Provision of information to unauthorized person—Penalty.
Application of consumer protection act—Limitation—
Awards—Penalties—Attorneys’ fees.
Block of information appearing as result of identity theft.
Short title—1993 c 476.
Severability—1993 c 476.
Effective date—1993 c 476.
19.182.005 Findings—Declaration. The legislature
finds and declares that consumers have a vital interest in
establishing and maintaining creditworthiness. The legislature further finds that an elaborate mechanism using credit
reports has developed for investigating and evaluating a
consumer’s creditworthiness, credit capacity, and general
reputation and character. As such, credit reports are used for
evaluating credit card, loan, mortgage, and small business
(2002 Ed.)
Fair Credit Reporting Act
financing applications, as well as for decisions regarding
employment and the rental or leasing of dwellings. Moreover, financial institutions and other creditors depend upon
fair and accurate credit reports to efficiently and accurately
evaluate creditworthiness. Unfair or inaccurate reports
undermine both public and creditor confidences in the
reliability of credit granting systems.
Therefore, this chapter is necessary to assure accurate
credit data collection, maintenance, and reporting on the
citizens of the state. It is the policy of the state that credit
reporting agencies maintain accurate credit reports, resolve
disputed reports promptly and fairly, and adopt reasonable
procedures to promote consumer confidentiality and the
proper use of credit data in accordance with this chapter.
[1993 c 476 § 1.]
19.182.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1)(a) "Adverse action" includes:
(i) Denial of, increase in any charge for, or reduction in
the amount of insurance for personal, family, or household
purposes;
(ii) Denial of employment or any other decision for
employment purposes that adversely affects a current or
prospective employee;
(iii) Action or determination with respect to a
consumer’s application for credit that is adverse to the
interests of the consumer; and
(iv) Action or determination with respect to a
consumer’s application for the rental or leasing of residential
real estate that is adverse to the interests of the consumer.
(b) "Adverse action" does not include:
(i) A refusal to extend additional credit under an
existing credit arrangement if:
(A) The applicant is delinquent or otherwise in default
with respect to the arrangement; or
(B) The additional credit would exceed a previously
established credit limit; or
(ii) A refusal or failure to authorize an account transaction at a point of sale.
(2) "Attorney general" means the office of the attorney
general.
(3) "Consumer" means an individual.
(4)(a) "Consumer report" means a written, oral, or other
communication of information by a consumer reporting
agency bearing on a consumer’s creditworthiness, credit
standing, credit capacity, character, general reputation,
personal characteristics, or mode of living that is used or
expected to be used or collected in whole or in part for:
(i) The purpose of serving as a factor in establishing the
consumer’s eligibility for credit or insurance to be used
primarily for personal, family, or household purposes;
(ii) Employment purposes; or
(iii) Other purposes authorized under RCW 19.182.020.
(b) "Consumer report" does not include:
(i) A report containing information solely as to transactions or experiences between the consumer and the person
making the report;
(2002 Ed.)
19.182.005
(ii) An authorization or approval of a specific extension
of credit directly or indirectly by the issuer of a credit card
or similar device;
(iii) A report in which a person who has been requested
by a third party to make a specific extension of credit
directly or indirectly to a consumer conveys his or her
decision with respect to the request, if the third party advises
the consumer of the name and address of the person to
whom the request was made and the person makes the
disclosures to the consumer required under RCW
19.182.070;
(iv) A list compiled by a consumer reporting agency to
be used by its client for direct marketing of goods or
services not involving an offer of credit;
(v) A report solely conveying a decision whether to
guarantee a check in response to a request by a third party;
or
(vi) A report furnished for use in connection with a
transaction that consists of an extension of credit to be used
for a commercial purpose.
(5) "Consumer reporting agency" means a person who,
for monetary fees, dues, or on a cooperative nonprofit basis,
regularly engages in whole or in part in the business of
assembling or evaluating consumer credit information or
other information on consumers for the purpose of furnishing
consumer reports to third parties, and who uses any means
or facility of commerce for the purpose of preparing or
furnishing consumer reports. "Consumer reporting agency"
does not include a person solely by reason of conveying a
decision whether to guarantee a check in response to a
request by a third party or a person who obtains a consumer
report and provides the report or information contained in it
to a subsidiary or affiliate of the person.
(6) "Credit transaction that is not initiated by the
consumer" does not include the use of a consumer report by
an assignee for collection or by a person with which the
consumer has an account, for purposes of (a) reviewing the
account, or (b) collecting the account. For purposes of this
subsection "reviewing the account" includes activities related
to account maintenance and monitoring, credit line increases,
and account upgrades and enhancements.
(7) "Direct solicitation" means the process in which the
consumer reporting agency compiles or edits for a client a
list of consumers who meet specific criteria and provides this
list to the client or a third party on behalf of the client for
use in soliciting those consumers for an offer of a product or
service.
(8) "Employment purposes," when used in connection
with a consumer report, means a report used for the purpose
of evaluating a consumer for employment, promotion,
reassignment, or retention as an employee.
(9) "File," when used in connection with information on
any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency
regardless of how the information is stored.
(10) "Investigative consumer report" means a consumer
report or portion of it in which information on a consumer’s
character, general reputation, personal characteristics, or
mode of living is obtained through personal interviews with
neighbors, friends, or associates of the consumer reported on
or with others with whom the consumer is acquainted or
who may have knowledge concerning any items of infor[Title 19 RCW—page 245]
19.182.010
Title 19 RCW: Business Regulations—Miscellaneous
mation. However, the information does not include specific
factual information on a consumer’s credit record obtained
directly from a creditor of the consumer or from a consumer
reporting agency when the information was obtained directly
from a creditor of the consumer or from the consumer.
(11) "Medical information" means information or
records obtained, with the consent of the individual to whom
it relates, from a licensed physician or medical practitioner,
hospital, clinic, or other medical or medically related facility.
(12) "Person" includes an individual, corporation,
government or governmental subdivision or agency, business
trust, estate, trust, partnership, association, and any other
legal or commercial entity.
(13) "Prescreening" means the process in which the
consumer reporting agency compiles or edits for a client a
list of consumers who meet specific credit criteria and
provides this list to the client or a third party on behalf of
the client for use in soliciting those consumers for an offer
of credit. [1993 c 476 § 3.]
19.182.020 Consumer report—Furnishing—
Procuring. (1) A consumer reporting agency may furnish
a consumer report only under the following circumstances:
(a) In response to the order of a court having jurisdiction to issue the order;
(b) In accordance with the written instructions of the
consumer to whom it relates; or
(c) To a person that the agency has reason to believe:
(i) Intends to use the information in connection with a
credit transaction involving the consumer on whom the
information is to be furnished and involving the extension of
credit to, or review or collection of an account of, the
consumer;
(ii) Intends to use the information for employment
purposes;
(iii) Intends to use the information in connection with
the underwriting of insurance involving the consumer;
(iv) Intends to use the information in connection with a
determination of the consumer’s eligibility for a license or
other benefit granted by a governmental instrumentality
required by law to consider an applicant’s financial responsibility or status; or
(v) Otherwise has a legitimate business need for the
information in connection with a business transaction
involving the consumer.
(2)(a) A person may not procure a consumer report, or
cause a consumer report to be procured, for employment
purposes with respect to any consumer who is not an
employee at the time the report is procured or caused to be
procured unless:
(i) A clear and conspicuous disclosure has been made in
writing to the consumer before the report is procured or
caused to be procured that a consumer report may be
obtained for purposes of considering the consumer for
employment. The disclosure may be contained in a written
statement contained in employment application materials; or
(ii) The consumer authorizes the procurement of the
report.
(b) A person may not procure a consumer report, or
cause a consumer report to be procured, for employment
purposes with respect to any employee unless the employee
[Title 19 RCW—page 246]
has received, at any time after the person became an
employee, written notice that consumer reports may be used
for employment purposes. A written statement that consumer reports may be used for employment purposes that is
contained in employee guidelines or manuals available to
employees or included in written materials provided to employees constitutes written notice for purposes of this
subsection. This subsection does not apply with respect to
a consumer report of an employee who the employer has
reasonable cause to believe has engaged in specific activity
that constitutes a violation of law.
(c) In using a consumer report for employment purposes, before taking any adverse action based in whole or part
on the report, a person shall provide to the consumer to
whom the report relates: (i) The name, address, and
telephone number of the consumer reporting agency providing the report; (ii) a description of the consumer’s rights
under this chapter pertaining to consumer reports obtained
for employment purposes; and (iii) a reasonable opportunity
to respond to any information in the report that is disputed
by the consumer. [1993 c 476 § 4.]
19.182.030 Consumer report—Credit action not
initiated by consumer—Exclusion by consumer. (1) A
consumer reporting agency may provide a consumer report
relating to a consumer under RCW 19.182.020(1)(c)(i) in
connection with a credit transaction that is not initiated by
the consumer only if:
(a) The consumer authorized the consumer reporting
agency to provide the report to such a person; or
(b) The consumer has not elected in accordance with
subsection (3) of this section to have the consumer’s name
and address excluded from such transactions.
(2) A consumer reporting agency may provide only the
following information under subsection (1) of this section:
(a) The name and address of the consumer; and
(b) Information pertaining to a consumer that is not
identified or identifiable with particular accounts or transactions of the consumer.
(3)(a) A consumer may elect to have his or her name
and address excluded from any list provided by a consumer
reporting agency through prescreening under subsection (1)
of this section or from any list provided by a consumer
reporting agency for direct solicitation transactions that are
not initiated by the consumer by notifying the consumer
reporting agency. The notice must be made in writing
through the notification system maintained by the consumer
reporting agency under subsection (4) of this section and
must state that the consumer does not consent to any use of
consumer reports relating to the consumer in connection with
any transaction that is not initiated by the consumer.
(b) An election of a consumer under (a) of this subsection is effective with respect to a consumer reporting agency
and any affiliate of the consumer reporting agency, within
five business days after the consumer reporting agency receives the consumer’s notice.
(4) A consumer reporting agency that provides information intended to be used in a prescreened credit transaction
or direct solicitation transaction that is not initiated by the
consumer shall:
(2002 Ed.)
Fair Credit Reporting Act
(a) Maintain a notification system that facilitates the
ability of a consumer in the agency’s data base to notify the
agency to promptly withdraw the consumer’s name from lists
compiled for prescreened credit transactions and direct
solicitation transactions not initiated by the consumer; and
(b) Publish at least annually in a publication of general
circulation in the area served by the agency, the address for
consumers to use to notify the agency of the consumer’s
election under subsection (3) of this section.
(5) A consumer reporting agency that maintains consumer reports on a nation-wide basis shall establish a system
meeting the requirements of subsection (4) of this section on
a nation-wide basis, and may operate such a system jointly
with any other consumer reporting agencies.
(6) Compliance with the requirements of this section by
any consumer reporting agency constitutes compliance by the
agency’s affiliates. [1993 c 476 § 5.]
19.182.040 Consumer report—Prohibited information—Exceptions. (1) Except as authorized under subsection (2) of this section, no consumer reporting agency may
make a consumer report containing any of the following
items of information:
(a) Bankruptcies that, from date of adjudication of the
most recent bankruptcy, antedate the report by more than ten
years;
(b) Suits and judgments that, from date of entry,
antedate the report by more than seven years or until the
governing statute of limitations has expired, whichever is the
longer period;
(c) Paid tax liens that, from date of payment, antedate
the report by more than seven years;
(d) Accounts placed for collection or charged to profit
and loss that antedate the report by more than seven years;
(e) Records of arrest, indictment, or conviction of crime
that, from date of disposition, release, or parole, antedate the
report by more than seven years;
(f) Any other adverse item of information that antedates
the report by more than seven years.
(2) Subsection (1) of this section is not applicable in the
case of a consumer report to be used in connection with:
(a) A credit transaction involving, or that may reasonably be expected to involve, a principal amount of fifty
thousand dollars or more;
(b) The underwriting of life insurance involving, or that
may reasonably be expected to involve, a face amount of
fifty thousand dollars or more; or
(c) The employment of an individual at an annual salary
that equals, or that may reasonably be expected to equal,
twenty thousand dollars or more. [1993 c 476 § 6.]
19.182.050 Investigative consumer report—
Procurement, preparation—Disclosure—Use—Liability—
Record. (1) A person may not procure or cause to be
prepared an investigative consumer report on a consumer
unless:
(a) It is clearly and accurately disclosed to the consumer
that an investigative consumer report including information
as to the consumer’s character, general reputation, personal
characteristics, and mode of living, whichever are applicable,
may be made, and the disclosure:
(2002 Ed.)
19.182.030
(i) Is made in a writing mailed, or otherwise delivered,
to the consumer not later than three days after the date on
which the report was first requested; and
(ii) Includes a statement informing the consumer of the
consumer’s right to request the additional disclosures
provided for under subsection (2) of this section and the
written summary of the rights of the consumer prepared
under RCW 19.182.080(7); or
(b) The report is to be used for employment purposes
for which the consumer has not specifically applied.
(2) A person who procures or causes to be prepared an
investigative consumer report on a consumer shall make,
upon written request made by the consumer within a reasonable period of time after the receipt by the consumer of
the disclosure required in subsection (1)(a) of this section, a
complete and accurate disclosure of the nature and scope of
the investigation requested. This disclosure must be made
in a writing mailed, or otherwise delivered, to the consumer
not later than the latter of five days after the date on which
the request for the disclosure was either received from the
consumer or the report was first requested.
(3) No person may be held liable for a violation of
subsection (1) or (2) of this section if the person shows by
a preponderance of the evidence that at the time of the
violation the person maintained reasonable procedures to
assure compliance with subsection (1) or (2) of this section.
(4) A consumer reporting agency shall maintain a
detailed record of:
(a) The identity of the person to whom an investigative
consumer report or information from a consumer report is
provided by the consumer reporting agency; and
(b) The certified purpose for which an investigative
consumer report on a consumer, or any other information
relating to a consumer, is requested by the person.
For purposes of this subsection, "person" does not
include an individual who requests the report unless the
individual obtains the report or information for his or her
own individual purposes. [1993 c 476 § 7.]
19.182.060 Consumer report—Procedures for
compliance—Information for governmental agency—
Record. (1) A consumer reporting agency shall maintain
reasonable procedures designed to avoid violations of RCW
19.182.040 and to limit the furnishing of consumer reports
to the purposes listed under RCW 19.182.020. These procedures must require that prospective users of the information
identify themselves, certify the purposes for which the
information is sought, and certify that the information will
be used for no other purpose. A consumer reporting agency
shall make a reasonable effort to verify the identity of a new
prospective user and the uses certified by the prospective
user before furnishing the user a consumer report. No
consumer reporting agency may furnish a consumer report to
a person if the agency has reasonable grounds for believing
that the consumer report will not be used for a purpose listed
in RCW 19.182.020.
(2) Whenever a consumer reporting agency prepares a
consumer report it shall follow reasonable procedures to
assure maximum possible accuracy of the information
concerning the individual about whom the report relates.
[Title 19 RCW—page 247]
19.182.060
Title 19 RCW: Business Regulations—Miscellaneous
(3) Notwithstanding RCW 19.182.020, a consumer
reporting agency may furnish identifying information about
a consumer, limited to the consumer’s name, address, former
addresses, places of employment, or former places of
employment, to a governmental agency.
(4) A consumer reporting agency shall maintain a
detailed record of:
(a) The identity of any person to whom a consumer
report or information from a consumer report is provided by
the consumer reporting agency; and
(b) The certified purpose for which a consumer report
on a consumer, or any other information relating to a
consumer, is requested by any person.
For purposes of this subsection, "person" does not
include an individual who requests the report unless the
individual obtains the report or information for his or her
own purposes. [1993 c 476 § 8.]
19.182.070 Disclosures to consumer. A consumer
reporting agency shall, upon request by the consumer, clearly
and accurately disclose:
(1) All information in the file on the consumer at the
time of request, except that medical information may be
withheld. The agency shall inform the consumer of the
existence of medical information, and the consumer has the
right to have that information disclosed to the health care
provider of the consumer’s choice. Nothing in this chapter
prevents, or authorizes a consumer reporting agency to prevent, the health care provider from disclosing the medical
information to the consumer. The agency shall inform the
consumer of the right to disclosure of medical information
at the time the consumer requests disclosure of his or her
file.
(2) All items of information in its files on that consumer, including disclosure of the sources of the information,
except that sources of information acquired solely for use in
an investigative report may only be disclosed to a plaintiff
under appropriate discovery procedures.
(3) Identification of (a) each person who for employment purposes within the two-year period before the request,
and (b) each person who for any other purpose within the
six-month period before the request, procured a consumer report.
(4) A record identifying all inquiries received by the
agency in the six-month period before the request that
identified the consumer in connection with a credit transaction that is not initiated by the consumer.
(5) An identification of a person under subsection (3) or
(4) of this section must include (a) the name of the person
or, if applicable, the trade name under which the person
conducts business; and (b) upon request of the consumer, the
address of the person. [1993 c 476 § 9.]
19.182.080 Disclosures to consumer—Procedures.
(1) A consumer reporting agency shall make the disclosures
required under RCW 19.182.070 during normal business
hours and on reasonable notice.
(2) The consumer reporting agency shall make the
disclosures required under RCW 19.182.070 to the consumer:
[Title 19 RCW—page 248]
(a) In person if the consumer appears in person and
furnishes proper identification;
(b) By telephone if the consumer has made a written
request, with proper identification, for telephone disclosure
and the toll charge, if any, for the telephone call is prepaid
by or charged directly to the consumer; or
(c) By any other reasonable means that are available to
the consumer reporting agency if that means is authorized by
the consumer.
(3) A consumer reporting agency shall provide trained
personnel to explain to the consumer, information furnished
to the consumer under RCW 19.182.070.
(4) The consumer reporting agency shall permit the
consumer to be accompanied by one other person of the
consumer’s choosing, who shall furnish reasonable identification. A consumer reporting agency may require the
consumer to furnish a written statement granting permission
to the consumer reporting agency to discuss the consumer’s
file in the other person’s presence.
(5) If a credit score is provided by a consumer reporting
agency to a consumer, the agency shall provide an explanation of the meaning of the credit score.
(6) Except as provided in RCW 19.182.150, no consumer may bring an action or proceeding in the nature of
defamation, invasion of privacy, or negligence with respect
to the reporting of information against a consumer reporting
agency or a user of information, based on information
disclosed under this section or RCW 19.182.070, except as
to false information furnished with malice or willful intent
to injure the consumer. Except as provided in RCW
19.182.150, no consumer may bring an action or proceeding
against a person who provides information to a consumer
reporting agency in the nature of defamation, invasion of
privacy, or negligence for unintentional error.
(7)(a) A consumer reporting agency must provide to a
consumer, with each written disclosure by the agency to the
consumer under RCW 19.182.070, a written summary of all
rights and remedies the consumer has under this chapter.
(b) The summary of the rights and remedies of consumers under this chapter must include:
(i) A brief description of this chapter and all rights and
remedies of consumers under this chapter;
(ii) An explanation of how the consumer may exercise
the rights and remedies of the consumer under this chapter;
and
(iii) A list of all state agencies, including the attorney
general’s office, responsible for enforcing any provision of
this chapter and the address and appropriate phone number
of each such agency. [1993 c 476 § 10.]
19.182.090 Consumer file—Dispute—Procedure—
Notice—Statement of dispute—Toll-free information
number. (1) If the completeness or accuracy of an item of
information contained in a consumer’s file at a consumer
reporting agency is disputed by the consumer and the
consumer notifies the agency directly of the dispute, the
agency shall reinvestigate without charge and record the
current status of the disputed information before the end of
thirty business days, beginning on the date the agency receives the notice from the consumer.
(2002 Ed.)
Fair Credit Reporting Act
(2) Before the end of the five business-day period
beginning on the date a consumer reporting agency receives
notice of a dispute from a consumer in accordance with
subsection (1) of this section, the agency shall notify any
person who provided an item of information in dispute.
(3)(a) Notwithstanding subsection (1) of this section, a
consumer reporting agency may terminate a reinvestigation
of information disputed by a consumer under subsection (1)
of this section if the agency determines that the dispute by
the consumer is frivolous or irrelevant, including by reason
of a failure of the consumer to provide sufficient information.
(b) Upon making a determination in accordance with (a)
of this subsection that a dispute is frivolous or irrelevant, a
consumer reporting agency shall notify the consumer within
five business days of the determination. The notice shall be
made in writing or any other means authorized by the consumer that are available to the agency, but the notice shall
include the reasons for the determination and a notice of the
consumer’s rights under subsection (6) of this section.
(4) In conducting a reinvestigation under subsection (1)
of this section with respect to disputed information in the file
of any consumer, the consumer reporting agency shall
review and consider all relevant information submitted by
the consumer in the period described in subsection (1) of this
section with respect to the disputed information.
(5)(a) If, after a reinvestigation under subsection (1) of
this section of information disputed by a consumer, the
information is found to be inaccurate or cannot be verified,
the consumer reporting agency shall promptly delete the
information from the consumer’s file.
(b)(i) If information is deleted from a consumer’s file
under (a) of this subsection, the information may not be
reinserted in the file after the deletion unless the person who
furnishes the information verifies that the information is
complete and accurate.
(ii) If information that has been deleted from a
consumer’s file under (a) of this subsection is reinserted in
the file in accordance with (b)(i) of this subsection, the
consumer reporting agency shall notify the consumer of the
reinsertion within thirty business days. The notice shall be
in writing or any other means authorized by the consumer
that are available to the agency.
(6) If the reinvestigation does not resolve the dispute or
if the consumer reporting agency determines the dispute is
frivolous or irrelevant, the consumer may file a brief
statement setting forth the nature of the dispute. The
consumer reporting agency may limit these statements to not
more than one hundred words if it provides the consumer
with assistance in writing a clear summary of the dispute.
(7) After the deletion of information from a consumer’s
file under this section or after the filing of a statement of
dispute under subsection (6) of this section, the consumer
reporting agency shall, at the request of the consumer,
furnish notification that the item of information has been
deleted or that item of information is disputed. In the case
of disputed information, the notification shall include the
statement filed under subsection (6) of this section. The
notification shall be furnished to any person specifically
designated by the consumer, who has, within two years
before the deletion or filing of a dispute, received a consumer report concerning the consumer for employment purposes,
(2002 Ed.)
19.182.090
or who has, within six months of the deletion or the filing of
the dispute, received a consumer report concerning the
consumer for any other purpose, if these consumer reports
contained the deleted or disputed information.
(8)(a) Upon completion of the reinvestigation under this
section, a consumer reporting agency shall provide notice, in
writing or by any other means authorized by the consumer,
of the results of a reinvestigation within five business days.
(b) The notice required under (a) of this subsection must
include:
(i) A statement that the reinvestigation is completed;
(ii) A consumer report that is based upon the
consumer’s file as that file is revised as a result of the
reinvestigation;
(iii) A description or indication of any changes made in
the consumer report as a result of those revisions to the
consumer’s file;
(iv) If requested by the consumer, a description of the
procedure used to determine the accuracy and completeness
of the information shall be provided to the consumer by the
agency, including the name, business address, and telephone
number of any person contacted in connection with the
information;
(v) If the reinvestigation does not resolve the dispute, a
summary of the consumer’s right to file a brief statement as
provided in subsection (6) of this section; and
(vi) If information is deleted or disputed after reinvestigation, a summary of the consumer’s right to request
notification to persons who have received a consumer report
as provided in subsection (7) of this section.
(9) In the case of a consumer reporting agency that
compiles and maintains consumer reports on a nation-wide
basis, the consumer reporting agency must provide to a
consumer who has undertaken to dispute the information
contained in his or her file a toll-free telephone number that
the consumer can use to communicate with the agency. A
consumer reporting agency that provides a toll-free number
required by this subsection shall also provide adequately
trained personnel to answer basic inquiries from consumers
using the toll-free number. [1993 c 476 § 11.]
19.182.100 Consumer reporting agency—Consumer
fees and charges for required information—Exceptions.
(1) Except as provided in subsections (2) and (3) of this
section, a consumer reporting agency may charge the
following fees to the consumer:
(a) For making a disclosure under RCW 19.182.070 and
19.182.080, the consumer reporting agency may charge a fee
not exceeding eight dollars. Beginning January 1, 1995, the
eight-dollar charge may be adjusted on January 1st of each
year based on corresponding changes in the consumer price
index with fractional changes rounded to the nearest half
dollar.
(b) For furnishing a notification, statement, or summary
to a person under RCW 19.182.090(7), the consumer
reporting agency may charge a fee not exceeding the charge
that the agency would impose on each designated recipient
for a consumer report. The amount of any charge must be
disclosed to the consumer before furnishing the information.
(2) A consumer reporting agency shall make all disclosures under RCW 19.182.070 and 19.182.080 and furnish all
[Title 19 RCW—page 249]
19.182.100
Title 19 RCW: Business Regulations—Miscellaneous
consumer reports under RCW 19.182.090 without charge, if
requested by the consumer within sixty days after receipt by
the consumer of a notification of adverse action under RCW
19.182.110 or of a notification from a debt collection agency
affiliated with that consumer reporting agency stating that
the consumer’s credit rating may be or has been adversely
affected.
(3) A consumer reporting agency shall not impose any
charge for (a) providing notice to a consumer required under
RCW 19.182.090, or (b) notifying a person under RCW
19.182.090(7) of the deletion of information that is found to
be inaccurate or that can no longer be verified, if the
consumer designates that person to the agency before the end
of the thirty-day period beginning on the date of notice
under RCW 19.182.090(8). [1993 c 476 § 12.]
19.182.110 Adverse action based on report—
Procedure—Notice. If a person takes an adverse action
with respect to a consumer that is based, in whole or in part,
on information contained in a consumer report, the person
shall:
(1) Provide written notice of the adverse action to the
consumer, except verbal notice may be given by a person in
an adverse action involving a business regulated by the
Washington utilities and transportation commission or
involving an application for the rental or leasing of residential real estate if such verbal notice does not impair a
consumer’s ability to obtain a credit report without charge
under RCW 19.182.100(2); and
(2) Provide the consumer with the name, address, and
telephone number of the consumer reporting agency that
furnished the report to the person. [1993 c 476 § 13.]
19.182.120 Limitation on action—Exception. An
action to enforce a liability created under this chapter is
permanently barred unless commenced within two years after
the cause of action accrues, except that where a defendant
has materially and willfully misrepresented information
required under this chapter to be disclosed to an individual
and the information so misrepresented is material to the
establishment of the defendant’s liability to that individual
under this chapter, the action may be brought at any time
within two years after discovery by the individual of the
misrepresentation. [1993 c 476 § 14.]
19.182.130 Obtaining information under false
pretenses—Penalty. A person who knowingly and willfully
obtains information on a consumer from a consumer reporting agency under false pretenses is subject to a fine of
up to five thousand dollars or imprisonment for up to one
year, or both. [1993 c 476 § 15.]
19.182.140 Provision of information to unauthorized
person—Penalty. An officer or employee of a consumer
reporting agency who knowingly and willfully provides
information concerning an individual from the agency’s files
to a person not authorized to receive that information is
subject to a fine of up to five thousand dollars or imprisonment for up to one year, or both. [1993 c 476 § 16.]
[Title 19 RCW—page 250]
19.182.150 Application of consumer protection
act—Limitation—Awards—Penalties—Attorneys’ fees.
The legislature finds that the practices covered by this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. Violations of this chapter are not reasonable in
relation to the development and preservation of business. A
violation of this chapter is an unfair or deceptive act in trade
or commerce and an unfair method of competition for the
purpose of applying the consumer protection act, chapter
19.86 RCW. The burden of proof in an action alleging a
violation of this chapter shall be by a preponderance of the
evidence, and the applicable statute of limitation shall be as
set forth in RCW 19.182.120. For purposes of a judgment
awarded pursuant to an action by a consumer under chapter
19.86 RCW, the consumer shall be awarded actual damages
and costs of the action together with reasonable attorney’s
fees as determined by the court. However, where there has
been willful failure to comply with any requirement imposed
under this chapter, the consumer shall be awarded actual
damages, a monetary penalty of one thousand dollars, and
the costs of the action together with reasonable attorneys’
fees as determined by the court. [1993 c 476 § 17.]
19.182.160 Block of information appearing as result
of identity theft. (1) Within thirty days of receipt of proof
of the consumer’s identification and a copy of a filed police
report evidencing the consumer’s claim to be a victim of a
violation of RCW 9.35.020, a consumer reporting agency
shall permanently block reporting any information the consumer identifies on his or her consumer report is a result of
a violation of RCW 9.35.020, so that the information cannot
be reported, except as provided in subsection (2) of this
section. The consumer reporting agency shall promptly
notify the furnisher of the information that a police report
has been filed, that a block has been requested, and the
effective date of the block.
(2) A consumer reporting agency may decline to block
or may rescind any block of consumer information if, in the
exercise of good faith and reasonable judgment, the consumer reporting agency believes:
(a) The information was blocked due to a misrepresentation of fact by the consumer relevant to the request to block
under this section;
(b) The consumer agrees that the blocked information or
portions of the blocked information were blocked in error; or
(c) The consumer knowingly obtained possession of
goods, services, or moneys as a result of the blocked
transaction or transactions or the consumer should have
known that he or she obtained possession of goods, services,
or moneys as a result of the blocked transaction or transactions.
(3) If the block of information is declined or rescinded
under this section, the consumer shall be notified promptly
in the same manner as consumers are notified of the reinsertion of information pursuant to section 611 of the fair credit
reporting act, 15 U.S.C. Sec. 1681I, as amended. The prior
presence of the blocked information in the consumer
reporting agency’s file on the consumer is not evidence of
whether the consumer knew or should have known that he
(2002 Ed.)
Fair Credit Reporting Act
or she obtained possession of any goods, services, or
moneys. [2001 c 217 § 6.]
Captions not law—2001 c 217: See note following RCW 9.35.005.
19.182.900 Short title—1993 c 476. This chapter
shall be known as the Fair Credit Reporting Act. [1993 c
476 § 2.]
19.182.901 Severability—1993 c 476. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1993 c 476 § 18.]
19.182.902 Effective date—1993 c 476. This act
takes effect January 1, 1994. [1993 c 476 § 20.]
Chapter 19.184
WHEELCHAIRS
Sections
19.184.010 Definitions.
19.184.020 Warranty—Implied.
19.184.030 Failure to conform with warranty—Remedy—Disclosure of
returned wheelchair.
19.184.040 Rights or remedies not limited.
19.184.050 Consumer waiver void.
19.184.060 Action for damages—Pecuniary loss doubled—Costs, disbursements, attorneys’ fees, equitable relief.
19.184.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Collateral costs" means expenses incurred by a
consumer in connection with the repair of a nonconformity,
including the costs of obtaining an alternative wheelchair or
other device assisting mobility.
(2) "Consumer" means any of the following:
(a) The purchaser of a wheelchair, if the wheelchair was
purchased from a wheelchair dealer or manufacturer for
purposes other than resale;
(b) A person to whom a wheelchair is transferred for
purposes other than resale, if the transfer occurs before the
expiration of an express warranty applicable to the wheelchair;
(c) A person who may enforce a warranty on a wheelchair; or
(d) A person who leases a wheelchair from a wheelchair
lessor under a written lease.
(3) "Demonstrator" means a wheelchair used primarily
for the purpose of demonstration to the public.
(4) "Early termination cost" means an expense or
obligation that a wheelchair lessor incurs as a result of both
the termination of a written lease before the termination date
set forth in the lease and the return of a wheelchair to a
manufacturer under RCW 19.184.030(2)(b). "Early termination cost" includes a penalty for prepayment under a finance
arrangement.
(5) "Early termination savings" means an expense or
obligation that a wheelchair lessor avoids as a result of both
the termination of a written lease before the termination date
(2002 Ed.)
19.182.160
set forth in the lease and the return of a wheelchair to a
manufacturer under RCW 19.184.030(2)(b). "Early termination savings" includes an interest charge that the wheelchair
lessor would have paid to finance the wheelchair or, if the
wheelchair lessor does not finance the wheelchair, the
difference between the total amount for which the lease
obligates the consumer during the period of the lease term
remaining after the early termination and the present value
of that amount at the date of the early termination.
(6) "Manufacturer" means a person who manufactures
or assembles wheelchairs and agents of the person, including
an importer, a distributor, factory branch, distributor branch,
and a warrantor of the manufacturer’s wheelchairs, but does
not include a wheelchair dealer.
(7) "Nonconformity" means a condition or defect that
substantially impairs the use, value, or safety of a wheelchair, and that is covered by an express warranty applicable
to the wheelchair or to a component of the wheelchair, but
does not include a condition or defect that is the result of
abuse, neglect, or unauthorized modification or alteration of
the wheelchair by a consumer.
(8) "Reasonable attempt to repair" means any of the
following occurring within the term of an express warranty
applicable to a new wheelchair or within one year after first
delivery of a wheelchair to a consumer, whichever is sooner:
(a) An attempted repair by the manufacturer, wheelchair
lessor, or the manufacturer’s authorized dealer is made to the
same warranty nonconformity at least four times and the
nonconformity continues; or
(b) The wheelchair is out of service for an aggregate of
at least thirty days because of warranty nonconformity.
(9) "Wheelchair" means a wheelchair, including a
demonstrator, that a consumer purchases or accepts transfer
of in this state.
(10) "Wheelchair dealer" means a person who is in the
business of selling wheelchairs.
(11) "Wheelchair lessor" means a person who leases a
wheelchair to a consumer, or who holds the lessor’s rights,
under a written lease. [1995 c 14 § 1; 1994 c 104 § 1.]
19.184.020 Warranty—Implied. A manufacturer
who sells a wheelchair to a consumer, either directly or
through a wheelchair dealer, shall furnish the consumer with
an express warranty for the wheelchair. The duration of the
express warranty must be for at least one year after the first
delivery of the wheelchair to the consumer. If the manufacturer fails to furnish an express warranty as required under
this section, the wheelchair is covered by an implied warranty as if the manufacturer had furnished an express warranty
to the consumer as required under this section. [1995 c 14
§ 2; 1994 c 104 § 2.]
19.184.030 Failure to conform with warranty—
Remedy—Disclosure of returned wheelchair. (1) If a new
wheelchair does not conform to an applicable express
warranty and the consumer reports the nonconformity to the
manufacturer, the wheelchair lessor, or any of the
manufacturer’s authorized wheelchair dealers and makes the
wheelchair available for repair before one year after first
delivery of the wheelchair to the consumer, the nonconformity must be repaired.
[Title 19 RCW—page 251]
19.184.030
Title 19 RCW: Business Regulations—Miscellaneous
(2) If, after a reasonable attempt to repair, the nonconformity is not repaired, the manufacturer shall do one of the
following, whichever is appropriate:
(a) At the direction of a consumer described under
RCW 19.184.010(2) (a), (b), or (c), do one of the following:
(i) Accept return of the wheelchair and replace the
wheelchair with a comparable new wheelchair and refund
any collateral costs; or
(ii) Accept return of the wheelchair and refund to the
consumer and to a holder of a perfected security interest in
the consumer’s wheelchair, as their interest may appear, the
full purchase price plus any finance charge, amount paid by
the consumer at the point of sale, and collateral costs, less a
reasonable allowance for use. Under this subsection
(2)(a)(ii), a reasonable allowance for use may not exceed the
amount obtained by multiplying the full purchase price of
the wheelchair by a fraction, the denominator of which is
one thousand eight hundred twenty-five and the numerator
of which is the number of days that the wheelchair was
driven before the consumer first reported the nonconformity
to the wheelchair dealer; or
(b)(i) For a consumer described in RCW
19.184.010(2)(d), accept return of the wheelchair, refund to
the wheelchair lessor and to a holder of a perfected security
interest in the wheelchair, as their interest may appear, the
current value of the written lease and refund to the consumer
the amount that the consumer paid under the written lease
plus any collateral costs, less a reasonable allowance for use.
(ii) Under this subsection (2)(b), the current value of the
written lease equals the total amount for which the lease
obligates the consumer during the period of the lease
remaining after its early termination, plus the wheelchair
dealer’s early termination costs and the value of the wheelchair at the lease expiration date if the lease sets forth the
value, less the wheelchair lessor’s early termination savings.
(iii) Under this subsection (2)(b), a reasonable allowance
for use may not exceed the amount obtained by multiplying
the total amount for which the written lease obligates the
consumer by a fraction, the denominator of which is one
thousand eight hundred twenty-five and the numerator of
which is the number of days that the consumer drove the
wheelchair before first reporting the nonconformity to the
manufacturer, wheelchair lessor, or wheelchair dealer.
(3) To receive a comparable new wheelchair or a refund
due under subsection (2)(a) of this section, a consumer
described under RCW 19.184.010(2) (a), (b), or (c) shall
offer to the manufacturer of the wheelchair having the
nonconformity to transfer possession of the wheelchair to the
manufacturer. Within thirty days after the offer, the manufacturer shall provide the consumer with a comparable new
wheelchair or a refund. When the manufacturer provides a
new wheelchair or refund under this subsection, the consumer shall return to the manufacturer the wheelchair having the
nonconformity.
(4)(a) To receive a refund due under subsection (2)(b)
of this section, a consumer described under RCW
19.184.010(2)(d) shall offer to return the wheelchair having
the nonconformity to its manufacturer. Within thirty days
after the offer, the manufacturer shall provide the refund to
the consumer. When the manufacturer provides the refund,
the consumer shall return to the manufacturer the wheelchair
having the nonconformity.
[Title 19 RCW—page 252]
(b) To receive a refund due under subsection (2)(b) of
this section, a wheelchair lessor shall offer to transfer
possession of the wheelchair having the nonconformity to the
manufacturer. Within thirty days after the offer, the manufacturer shall provide a refund to the wheelchair lessor.
When the manufacturer provides the refund, the wheelchair
lessor shall provide to the manufacturer the endorsements
necessary to transfer legal possession to the manufacturer.
(c) A person may not enforce the lease against the
consumer after the consumer receives a refund due under
subsection (2)(b) of this section.
(5) A person may not sell or lease again in this state a
wheelchair returned by a consumer or wheelchair lessor in
this state under subsection (2) of this section or by a
consumer or wheelchair lessor in another state under a
similar law of that state, unless full disclosure of the reasons
for return is made to a prospective buyer or lessee. [1995 c
14 § 3; 1994 c 104 § 3.]
19.184.040 Rights or remedies not limited. This
chapter does not limit rights or remedies available under
other law to a consumer. [1994 c 104 § 4.]
19.184.050 Consumer waiver void. A waiver by a
consumer of rights under this section is void. [1994 c 104
§ 5.]
19.184.060 Action for damages—Pecuniary loss
doubled—Costs, disbursements, attorneys’ fees, equitable
relief. In addition to pursuing another remedy, a consumer
may bring an action to recover damages caused by a
violation of this chapter. The court shall award a consumer
who prevails in an action under this section twice the
amount of pecuniary loss, together with costs, disbursements,
reasonable attorneys’ fees, and equitable relief that the court
determines is appropriate. [1994 c 104 § 6.]
Chapter 19.186
ROOFING AND SIDING CONTRACTORS
AND SALESPERSONS
Sections
19.186.005
19.186.010
19.186.020
19.186.030
Findings—Intent.
Definitions.
Written contract—Requirements—Right to rescind—Notice.
Waiting period to begin work if customer obtaining loan—
Effect.
19.186.040 Liability of contract purchaser or assignee—Notice.
19.186.050 Violation—Consumer protection act.
19.186.060 Liability for failure to comply with chapter.
19.186.005 Findings—Intent. The legislature finds
that many homeowners are solicited by siding and roofing
contractors to purchase home improvements. Some contractors misrepresent the financing terms or the cost of the
improvements, preventing the homeowner from making an
informed decision about whether the improvements are
affordable. The result is that many homeowners face
financial hardship including the loss of their homes through
foreclosure. The legislature declares that this is a matter of
public interest. It is the intent of the legislature to establish
(2002 Ed.)
Roofing and Siding Contractors and Salespersons
rules of business practice for roofing and siding contractors
to promote honesty and fair dealing with homeowners.
[1994 c 285 § 1.]
19.186.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Roofing or siding contract" means an agreement
between a roofing or siding contractor or salesperson and a
homeowner that includes, in part, an agreement to install,
repair or replace residential roofing or siding for a total cost
including labor and materials in excess of one thousand
dollars.
This chapter does not apply to the following contracts:
(a) Residential remodel or repair contracts where the
cost specified for roofing or siding is less than twenty
percent of the total contract price;
(b) Contracts where the roofing or siding is part of a
contract to build a new dwelling or an addition that provides
additional living space;
(c) Contracts for emergency repairs made necessary by
a natural disaster such as an earthquake, wind storm, or
hurricane, or after a fire in the dwelling;
(d) Homes being prepared for resale; or
(e) Roofing or siding contracts in which the homeowner
was not directly solicited by a roofing or siding contractor or
salesperson. If a roofing or siding contractor or roofing or
siding salesperson generally does business by soliciting, it
shall be a rebuttable presumption that any roofing or siding
contract entered into with a homeowner shall have been the
result of a solicitation.
(2) "Roofing or siding contractor" means a person who
owns or operates a contracting business that purports to
install, repair, or replace or subcontracts to install, repair, or
replace residential roofing or siding.
(3) "Roofing or siding salesperson" means a person who
solicits, negotiates, executes, or otherwise endeavors to
procure a contract with a homeowner to install, repair, or
replace residential roofing or siding on behalf of a roofing or
siding contractor.
(4) "Residential roofing or siding" means roofing or
siding installation, repair or replacement for an existing
single-family dwelling or multiple family dwelling of four or
less units, provided that this does not apply to a residence
under construction.
(5) "Person" includes an individual, corporation,
company, partnership, joint venture, or a business entity.
(6) "Siding" means material used to cover the exterior
walls of a residential dwelling, excluding paint application.
(7)(a) "Solicit" means to initiate contact with the
homeowner for the purpose of selling or installing roofing or
siding by one of the following methods:
(i) Door-to-door contact;
(ii) Telephone contact;
(iii) Flyers left at a residence; or
(iv) Other promotional advertisements which offer gifts,
cash, or services if the homeowner contacts the roofing or
siding contractor or salesperson, except for newspaper
advertisements which offer a seasonal discount.
(b) "Solicit" does not include:
(2002 Ed.)
19.186.005
(i) Calls made in response to a request or inquiry by the
homeowner; or
(ii) Calls made to homeowners who have prior business
or personal contact with the residential roofing or siding
contractor or salesperson. [1994 c 285 § 2.]
19.186.020 Written contract—Requirements—Right
to rescind—Notice. A roofing or siding contract shall be in
writing. A copy of the contract shall be given to the
homeowner at the time the homeowner signs the contract.
The contract shall be typed or printed legibly and contain the
following provisions:
(1) An itemized list of all work to be performed;
(2) The grade, quality, or brand name of materials to be
used;
(3) The dollar amount of the contract;
(4) The name and address of the roofing or siding
salesperson;
(5) The name, address, and contractor’s registration
number of the roofing or siding contractor;
(6) A statement as to whether all or part of the work is
to be subcontracted to another person;
(7) The contract shall require the homeowner to disclose
whether he or she intends to obtain a loan in order to pay for
all or part of the amount due under the contract;
(8) If the customer indicates that he or she intends to
obtain a loan to pay for a portion of the roofing or siding
contract, the homeowner shall have the right to rescind the
contract within three business days of receiving truth-inlending disclosures or three business days of receiving
written notification that the loan application was denied,
whichever date is later; and
(9) The contract shall provide the following notice in
ten-point boldface type in capital letters:
"CUSTOMER’S RIGHT TO CANCEL
IF YOU HAVE INDICATED IN THIS CONTRACT THAT YOU INTEND TO OBTAIN A
LOAN TO PAY FOR ALL OR PART OF THE
WORK SPECIFIED IN THE CONTRACT,
YOU HAVE THE RIGHT TO CHANGE YOUR
MIND AND CANCEL THIS CONTRACT
WITHIN THREE DAYS OF THE DATE
WHEN THE LENDER PROVIDES YOU WITH
YOUR TRUTH-IN-LENDING DISCLOSURE
STATEMENT OR THE DATE WHEN YOU
RECEIVE WRITTEN NOTIFICATION THAT
YOUR LOAN WAS DENIED.
BE SURE THAT ALL PROMISES MADE BY
YOUR CONTRACTOR ARE PUT IN WRITING BEFORE YOU SIGN THIS CONTRACT."
[1994 c 285 § 3.]
19.186.030 Waiting period to begin work if customer obtaining loan—Effect. If the customer indicates that he
or she intends to obtain a loan to pay for all or part of the
cost of the roofing or siding contract, the roofing or siding
contractor shall not begin work until after the homeowner’s
rescission rights provided in RCW 19.186.020(9) have
[Title 19 RCW—page 253]
19.186.030
Title 19 RCW: Business Regulations—Miscellaneous
expired. If the roofing or siding contractor commences work
under the contract before the homeowner’s rescission rights
have expired, the roofing or siding contractor or salesperson
shall be prohibited from enforcing terms of the contract,
including claims for labor or materials, in a court of law and
shall terminate any security interest or statutory lien created
under the transaction within twenty days of receiving written
rescission of the contract from the customer. [1994 c 285 §
4.]
19.186.040 Liability of contract purchaser or
assignee—Notice. A person who purchases or is otherwise
assigned a roofing or siding contract shall be subject to all
claims and defenses with respect to the contract that the
homeowner could assert against the siding or roofing
contractor or salesperson. A person who sells or otherwise
assigns a roofing or siding contract shall include a prominent
notice of the potential liability under this section. [1994 c
285 § 5.]
19.186.050 Violation—Consumer protection act.
The legislature finds and declares that a violation of this
chapter substantially affects the public interest and is an
unfair and deceptive act or practice and unfair method of
competition in the conduct of trade or commerce as set forth
under chapter 19.86 RCW. [1994 c 285 § 6.]
19.186.060 Liability for failure to comply with
chapter. A roofing or siding contractor or salesperson who
fails to comply with the requirements of this chapter shall be
liable to the homeowner for any actual damages sustained by
the person as a result of the failure. Nothing in this section
shall limit any cause of action or remedy available under
RCW 19.186.050 or chapter 19.86 RCW. [1994 c 285 § 7.]
Chapter 19.188
ELECTRONIC MEDIA VIOLENCE
Sections
19.188.010 Finding.
19.188.020 Television time/channel locks.
19.188.030 Library access policies.
19.188.010 Finding. The legislature finds that, to the
extent that electronic media, including television, motion pictures, video games, and entertainment uses of virtual reality
are conducive to increased violent behaviors, especially in
children, the state has a duty to protect the public health and
safety.
Many parents, educators, and others are concerned about
protecting children and youth from the negative influences
of the media, and want more information about media
content and more control over media contact with their
children. [1994 sp.s. c 7 § 801.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
19.188.020 Television time/channel locks. All new
televisions sold in this state after January 1, 1995, shall be
equipped with a time/channel lock or shall be sold with an
[Title 19 RCW—page 254]
offer to the customer to purchase a channel blocking device,
or other device that enables a person to regulate a child’s
access to unwanted television programming. All cable television companies shall make available to all customers at the
company’s cost the opportunity to purchase a channel
blocking device, or other device that enables a person to
regulate a child’s access to unwanted television programming. The commercial television sellers and cable television
companies shall offer time/channel locks to their customers,
when these devices are available. Notice of this availability
shall be clearly made to all existing customers and to all new
customers at the time of their signing up for service. [1994
sp.s. c 7 § 803.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
19.188.030 Library access policies. The legislature
finds that, as a matter of public health and safety, access by
minors to violent videos and violent video games is the
responsibility of parents and guardians.
Public libraries, with the exception of university,
college, and community college libraries, shall establish
policies on minors’ access to violent videos and violent
video games. Libraries shall make their policies known to
the public in their communities.
Each library system shall formulate its own policies, and
may, in its discretion, include public hearings, consultation
with community networks as defined under chapter 70.190
RCW, or consultation with the Washington library association in the development of its policies. [1994 sp.s. c 7 §
806.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 19.190
COMMERCIAL ELECTRONIC MAIL
Sections
19.190.010 Definitions.
19.190.020 Unpermitted or misleading electronic mail—Prohibition.
19.190.030 Unpermitted or misleading electronic mail—Violation of
consumer protection act.
19.190.040 Violations—Damages.
19.190.050 Blocking of commercial electronic mail by interactive computer service—Immunity from liability.
19.190.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Assist the transmission" means actions taken by a
person to provide substantial assistance or support which
enables any person to formulate, compose, send, originate,
initiate, or transmit a commercial electronic mail message
when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial
electronic mail message is engaged, or intends to engage, in
any practice that violates the consumer protection act.
(2) "Commercial electronic mail message" means an
electronic mail message sent for the purpose of promoting
real property, goods, or services for sale or lease. It does
not mean an electronic mail message to which an interactive
computer service provider has attached an advertisement in
(2002 Ed.)
Commercial Electronic Mail
exchange for free use of an electronic mail account, when
the sender has agreed to such an arrangement.
(3) "Electronic mail address" means a destination,
commonly expressed as a string of characters, to which
electronic mail may be sent or delivered.
(4) "Initiate the transmission" refers to the action by the
original sender of an electronic mail message, not to the
action by any intervening interactive computer service that
may handle or retransmit the message, unless such intervening interactive computer service assists in the transmission
of an electronic mail message when it knows, or consciously
avoids knowing, that the person initiating the transmission is
engaged, or intends to engage, in any act or practice that
violates the consumer protection act.
(5) "Interactive computer service" means any information service, system, or access software provider that
provides or enables computer access by multiple users to a
computer server, including specifically a service or system
that provides access to the internet and such systems
operated or services offered by libraries or educational
institutions.
(6) "Internet domain name" refers to a globally unique,
hierarchical reference to an internet host or service, assigned
through centralized internet naming authorities, comprising
a series of character strings separated by periods, with the
right-most string specifying the top of the hierarchy.
(7) "Person" means a person, corporation, partnership,
or association. [1999 c 289 § 1; 1998 c 149 § 2.]
19.190.020 Unpermitted or misleading electronic
mail—Prohibition. (1) No person may initiate the transmission, conspire with another to initiate the transmission, or
assist the transmission, of a commercial electronic mail
message from a computer located in Washington or to an
electronic mail address that the sender knows, or has reason
to know, is held by a Washington resident that:
(a) Uses a third party’s internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or
the transmission path of a commercial electronic mail
message; or
(b) Contains false or misleading information in the
subject line.
(2) For purposes of this section, a person knows that the
intended recipient of a commercial electronic mail message
is a Washington resident if that information is available,
upon request, from the registrant of the internet domain
name contained in the recipient’s electronic mail address.
[1999 c 289 § 2; 1998 c 149 § 3.]
19.190.030 Unpermitted or misleading electronic
mail—Violation of consumer protection act. (1) It is a
violation of the consumer protection act, chapter 19.86
RCW, to conspire with another person to initiate the transmission or to initiate the transmission of a commercial
electronic mail message that:
(a) Uses a third party’s internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or
the transmission path of a commercial electronic mail
message; or
(2002 Ed.)
19.190.010
(b) Contains false or misleading information in the
subject line.
(2) It is a violation of the consumer protection act,
chapter 19.86 RCW, to assist in the transmission of a
commercial electronic mail message, when the person providing the assistance knows, or consciously avoids knowing,
that the initiator of the commercial electronic mail message
is engaged, or intends to engage, in any act or practice that
violates the consumer protection act.
(3) The legislature finds that the practices covered by
this chapter are matters vitally affecting the public interest
for the purpose of applying the consumer protection act,
chapter 19.86 RCW. A violation of this chapter is not
reasonable in relation to the development and preservation of
business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose
of applying the consumer protection act, chapter 19.86 RCW.
[1999 c 289 § 3; 1998 c 149 § 4.]
19.190.040 Violations—Damages. (1) Damages to
the recipient of a commercial electronic mail message sent
in violation of this chapter are five hundred dollars, or actual
damages, whichever is greater.
(2) Damages to an interactive computer service resulting
from a violation of this chapter are one thousand dollars, or
actual damages, whichever is greater. [1998 c 149 § 5.]
19.190.050 Blocking of commercial electronic mail
by interactive computer service—Immunity from liability.
(1) An interactive computer service may, upon its own
initiative, block the receipt or transmission through its
service of any commercial electronic mail that it reasonably
believes is, or will be, sent in violation of this chapter.
(2) No interactive computer service may be held liable
for any action voluntarily taken in good faith to block the
receipt or transmission through its service of any commercial
electronic mail which it reasonably believes is, or will be,
sent in violation of this chapter. [1998 c 149 § 6.]
Chapter 19.192
PROOF OF IDENTITY
Sections
19.192.010 Identification cards—Distinguishing official and not official
proofs of identification—Penalties.
19.192.010 Identification cards—Distinguishing
official and not official proofs of identification—Penalties.
(1) Any person or entity, other than those listed in subsection
(2) of this section, issuing an identification card that purports
to identify the holder as a resident of this or any other state
and that contains at least a name, photograph, and date of
birth, must label the card "not official proof of identification"
in flourescent yellow ink, on the face of the card, and in not
less than fourteen-point font. The background color of the
card must be a color other than the color used for official
Washington state driver’s licenses and identicards.
(2) This section does not apply to the following persons
and entities:
(a) Department of licensing;
[Title 19 RCW—page 255]
19.192.010
Title 19 RCW: Business Regulations—Miscellaneous
(b) Any federal, state, or local government agency;
(c) The Washington state liquor control board;
(d) Private employers issuing cards identifying employees;
(e) Banks and credit card companies issuing credit,
debit, or bank cards containing a person’s photograph; and
(f) Retail or wholesale stores issuing membership cards
containing a person’s photograph.
(3) Failure to comply with this section is a class 1 civil
infraction. [1998 c 24 § 1.]
Chapter 19.194
TRADE-IN OR EXCHANGE OF
COMPUTER HARDWARE
Sections
19.194.010 Recordkeeping by retail establishments—Contents—
Inspection—Definitions.
19.194.020 Record of transactions—Provided upon request—Forms and
format—Lost or stolen hardware.
19.194.030 Prohibited acts—Gross misdemeanor.
19.194.040 Application.
19.194.010 Recordkeeping by retail establishments—Contents—Inspection—Definitions. (1) Any retail
establishment doing business in this state that accepts for
trade-in or exchange any computer hardware for the purchase
of other computer hardware of greater value shall maintain,
at the time of each transaction, a record of the following
information:
(a) The signature of the person with whom the transaction is made;
(b) The date of the transaction;
(c) The name of the person or employee or the identification number of the person or employee conducting the
transaction; and
(d) The name, date of birth, and address and telephone
number of the person with whom the transaction is made.
(2) This record is open to the inspection of any commissioned law enforcement officer of the state or any of its
political subdivisions, and will be maintained for a period of
one year following the date of the transaction.
(3) As used in this section:
(a) "Computer" means a programmable electronic
machine that performs high-speed mathematical or logical
operation or that assembles, stores, correlates, or otherwise
processes information.
(b) "Computer hardware" means a computer and the
associated physical equipment involved in the performance
of data processing or communications functions. The term
does not include computer software. [1998 c 134 § 1.]
Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code
appears inappropriate and sections 1 through 4 have been codified as
chapter 19.194 RCW.
19.194.020 Record of transactions—Provided upon
request—Forms and format—Lost or stolen hardware.
(1) Upon request, every retailer doing business in this state
that accepts for trade-in or exchange computer hardware
shall furnish a full, true, and correct transcript of the record
of all transactions conducted, under RCW 19.194.010, on the
[Title 19 RCW—page 256]
proceeding [preceding] day. These transactions shall be
recorded on such forms as may be provided and in such
format as may be required by the chief of police or the
county’s chief law enforcement officer within a specified
time but not less than twenty-four hours.
(2) If a retailer has good cause to believe that any
computer hardware in their possession has been previously
lost or stolen, the retailer shall promptly report that fact to
the applicable chief of police or the county’s chief law
enforcement officer, together with the name of the owner, if
known, and the date when, and the name of the person from
whom, it was received. [1998 c 134 § 2.]
Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code
appears inappropriate and sections 1 through 4 have been codified as
chapter 19.194 RCW.
19.194.030 Prohibited acts—Gross misdemeanor.
It is a gross misdemeanor under chapter 9A.20 RCW for:
(1) Any person to remove, alter, or obliterate any
manufacturer’s make, model, or serial number, personal
identification number, or identifying marks engraved or
etched upon the computer hardware that is received as a
trade-in or in exchange on the purchase of other computer
hardware of greater value. In addition a retailer shall not
accept any computer hardware as a trade-in or in exchange
on the purchase of other computer hardware of greater value
where the manufacturer’s make, model, or serial number,
personal identification number, or identifying marks engraved or etched upon the computer hardware has been
removed, altered, or obliterated;
(2) Any person to knowingly make, cause, or allow to
be made any false entry or misstatement of any material
matter in any book, record, or writing required to be kept
under this chapter; or
(3) Any person to knowingly violate any other provision
of this chapter. [1998 c 134 § 3.]
Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code
appears inappropriate and sections 1 through 4 have been codified as
chapter 19.194 RCW.
19.194.040 Application. RCW 19.194.010 through
19.194.030 do not apply to trade-in or exchange of computers, or computer hardware, between consumers and retailers,
or their branch facilities, when the computer or computer
hardware was originally purchased from that same retailer.
[1998 c 134 § 4.]
Reviser’s note: 1998 c 134 § 5 directed that sections 1 through 4 be
added to chapter 62A.2 RCW. The placement into the uniform code
appears inappropriate and sections 1 through 4 have been codified as
chapter 19.194 RCW.
Chapter 19.200
AUTOMATED FINANCIAL TRANSACTIONS
Sections
19.200.010 Findings—Intent—Restrictions on credit card receipts—
Application—Definition.
19.200.900 Severability—2000 c 163.
19.200.901 Effective date—2000 c 163.
(2002 Ed.)
Automated Financial Transactions
19.200.010 Findings—Intent—Restrictions on credit
card receipts—Application—Definition. (1) The legislature finds that credit is an important tool for consumers in
today’s economy, particularly the use of credit cards. The
legislature also finds that unscrupulous persons often
fraudulently use the credit card accounts of others by
stealing the credit card itself or by obtaining the necessary
information to fraudulently charge the purchase of goods and
services to another person’s credit card account. The
legislature intends to provide some protection for consumers
from the latter by limiting the information that can appear on
a credit card receipt.
(2) No person that accepts credit cards for the transaction of business shall print more than the last five digits of
the credit card account number or print the credit card
expiration date on a credit card receipt to the cardholder.
(3) This section shall apply only to receipts that are
electronically printed and shall not apply to transactions in
which the sole means of recording the credit card number is
by handwriting or by an imprint or copy of the credit card.
(4) For purposes of chapter 163, Laws of 2000, "credit
card" means a card or device existing for the purpose of
obtaining money, property, labor, or services on credit.
(5) This section applies on July 1, 2001, to any cash
register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
on or after July 1, 2001, and on July 1, 2004, to any cash
register or other machine or device that electronically prints
receipts on credit card transactions and is placed into service
prior to July 1, 2001. [2000 c 163 § 1.]
19.200.900 Severability—2000 c 163. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2000 c 163 § 3.]
19.200.901 Effective date—2000 c 163. This act
takes effect July 1, 2001. [2000 c 163 § 4.]
Chapter 19.205
STRUCTURED SETTLEMENT PROTECTION
Sections
19.205.010
19.205.020
19.205.030
19.205.040
19.205.050
19.205.060
19.205.900
Definitions.
Disclosure statement—Content.
Structured settlement payment rights—Transfer—Order—
Express findings.
Posttransfer of rights—Liabilities—Requirements.
Application/approval of transfer—Notice—Content.
Transfer agreements—Further provisions.
Short title.
19.205.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Annuity issuer" means an insurer that has issued a
contract to fund periodic payments under a structured
settlement.
(2) "Dependents" means a payee’s spouse and minor
children and all other persons for whom the payee is legally
obligated to provide support, including alimony.
(2002 Ed.)
19.200.010
(3) "Discounted present value" means the present value
of future payments determined by discounting such payments
to the present using the most recently published applicable
federal rate for determining the present value of an annuity,
as issued by the United States internal revenue service.
(4) "Gross advance amount" means the sum payable to
the payee or for the payee’s account as consideration for a
transfer of structured settlement payment rights before any
reductions for transfer expenses or other deductions to be
made from such consideration.
(5) "Independent professional advice" means advice of
an attorney, certified public accountant, actuary, or other
licensed professional adviser.
(6) "Interested parties" means, with respect to any structured settlement, the payee, any beneficiary irrevocably
designated under the annuity contract to receive payments
following the payee’s death, the annuity issuer, the structured
settlement obligor, and any other party that has continuing
rights or obligations under such structured settlement.
(7) "Net advance amount" means the gross advance
amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under RCW
19.205.020(5).
(8) "Payee" means an individual who is receiving taxfree payments under a structured settlement and proposes to
make a transfer of payment rights thereunder.
(9) "Periodic payments" means (a) recurring payments
and (b) scheduled future lump sum payments.
(10) "Qualified assignment agreement" means an
agreement providing for a qualified assignment within the
meaning of section 130 of the United States internal revenue
code (26 U.S.C. Sec. 130), as amended.
(11) "Responsible administrative authority" means, with
respect to a structured settlement, any government authority
vested by law with exclusive jurisdiction over the settled
claim resolved by such structured settlement.
(12) "Settled claim" means the original tort claim or
workers’ compensation claim resolved by a structured
settlement.
(13) "Structured settlement" means an arrangement for
periodic payment of compensation for injuries or sickness as
described in 26 U.S.C. Sec. 104(a)(1) or (2), as amended, or
an arrangement for periodic payment of benefits under a
special needs trust as described in 42 U.S.C. Sec.
1396p(d)(4), as amended.
(14) "Structured settlement agreement" means the
agreement, judgment, stipulation, or release embodying the
terms of a structured settlement.
(15) "Structured settlement obligor" means, with respect
to any structured settlement, the party that has the continuing
obligation to make periodic payments to the payee under a
structured settlement agreement or a qualified assignment
agreement.
(16) "Structured settlement payment rights" means rights
to receive periodic payments under a structured settlement,
whether from the structured settlement obligor or the annuity
issuer, if:
(a) The payee is domiciled in, or the domicile or
principal place of business of the structured settlement
obligor or the annuity issuer is located in, this state;
[Title 19 RCW—page 257]
19.205.010
Title 19 RCW: Business Regulations—Miscellaneous
(b) The structured settlement agreement was approved
by a court or responsible administrative authority in this
state; or
(c) The structured settlement agreement is expressly
governed by the laws of this state.
(17) "Terms of the structured settlement" means, with
respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any
qualified assignment agreement and any order or other
approval of any court or responsible administrative authority
or other government authority that authorized or approved
such structured settlement.
(18) "Transfer" means any sale, assignment, pledge,
hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for
consideration. However, "transfer" does not mean the
creation or perfection of a security interest in structured
settlement payment rights under a blanket security agreement
entered into with an insured depository institution, in the
absence of any action to redirect the structured settlement
payments to such insured depository institution, or an agent
or successor in interest thereof, or otherwise to enforce such
blanket security interest against the structured settlement
payment rights.
(19) "Transfer agreement" means the agreement providing for a transfer of structured settlement payment rights.
(20) "Transfer expenses" means all expenses of a
transfer that are required under the transfer agreement to be
paid by the payee or deducted from the gross advance
amount, including, without limitation, court filing fees,
attorneys’ fees, escrow fees, lien recordation fees, judgment
and lien search fees, finders’ fees, commissions, and other
payments to a broker or other intermediary. "Transfer
expenses" does not mean preexisting obligations of the payee
payable for the payee’s account from the proceeds of a
transfer.
(21) "Transferee" means a party acquiring or proposing
to acquire structured settlement payment rights through a
transfer. [2001 c 178 § 2.]
19.205.020 Disclosure statement—Content. Not less
than three days prior to the date on which a payee signs a
transfer agreement, the transferee shall provide to the payee
a separate disclosure statement, in bold type no smaller than
fourteen points, setting forth:
(1) The amounts and due dates of the structured
settlement payments to be transferred;
(2) The aggregate amount of such payments;
(3) The discounted present value of the payments to be
transferred, which shall be identified as the "calculation of
current value of the transferred structured settlement payments under federal standards for valuing annuities," and the
amount of the applicable federal rate used in calculating such
discounted present value;
(4) The gross advance amount;
(5) An itemized listing of all applicable transfer expenses, other than attorneys’ fees and related disbursements
payable in connection with the transferee’s application for
approval of the transfer, and the transferee’s best estimate of
the amount of any such fees and disbursements;
(6) The net advance amount;
[Title 19 RCW—page 258]
(7) The amount of any penalties or liquidated damages
payable by the payee in the event of any breach of the
transfer agreement by the payee; and
(8) A statement that the payee has the right to cancel
the transfer agreement, without penalty or further obligation,
not later than the third business day after the date the
agreement is signed by the payee. [2001 c 178 § 3.]
19.205.030 Structured settlement payment rights—
Transfer—Order—Express findings. A direct or indirect
transfer of structured settlement payment rights is not
effective and a structured settlement obligor or annuity issuer
is not required to make any payment directly or indirectly to
any transferee of structured settlement payment rights unless
the transfer has been approved in advance in a final court
order or order of a responsible administrative authority based
on express findings by such court or responsible administrative authority that:
(1) The transfer is in the best interest of the payee,
taking into account the welfare and support of the payee’s
dependents;
(2) The payee has been advised in writing by the
transferee to seek independent professional advice regarding
the transfer and has either received such advice or knowingly
waived such advice in writing; and
(3) The transfer does not contravene any applicable
statute or the order of any court or other government
authority. [2001 c 178 § 4.]
19.205.040 Posttransfer of rights—Liabilities—
Requirements. Following a transfer of structured settlement
payment rights under this chapter:
(1) The structured settlement obligor and the annuity
issuer shall, as to all parties except the transferee, be
discharged and released from any and all liability for the
transferred payments;
(2) The transferee shall be liable to the structured
settlement obligor and the annuity issuer:
(a) If the transfer contravenes the terms of the structured
settlement, for any taxes incurred by such parties as a
consequence of the transfer; and
(b) For any other liabilities or costs, including reasonable costs and attorneys’ fees, arising from compliance by
such parties with the order of the court or responsible
administrative authority or arising as a consequence of the
transferee’s failure to comply with this chapter;
(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or
between two, or more, transferees or assignees; and
(4) Any further transfer of structured settlement payment
rights by the payee may be made only after compliance with
all of the requirements of this chapter. [2001 c 178 § 5.]
19.205.050 Application/approval of transfer—
Notice—Content. (1) An application under this chapter for
approval of a transfer of structured settlement payment rights
shall be made by the transferee and may be brought in the
county in which the payee resides, in the county in which
the structured settlement obligor or the annuity issuer
maintains its principal place of business, or in any court or
(2002 Ed.)
Structured Settlement Protection
before any responsible administrative authority which
approved the structured settlement agreement.
(2) Not less than twenty days prior to the scheduled
hearing on any application for approval of a transfer of
structured settlement payment rights under RCW 19.205.030,
the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice
of the proposed transfer and the application for its authorization, including with such notice:
(a) A copy of the transferee’s application;
(b) A copy of the transfer agreement;
(c) A copy of the disclosure statement required under
RCW 19.205.020;
(d) A listing of each of the payee’s dependents, together
with each dependent’s age;
(e) Notification that any interested party is entitled to
support, oppose, or otherwise respond to the transferee’s
application, either in person or by counsel, by submitting
written comments to the court or responsible administrative
authority or by participating in the hearing; and
(f) Notification of the time and place of the hearing and
notification of the manner in which and the time by which
written responses to the application must be filed, which may
not be less than fifteen days after service of the transferee’s
notice, in order to be considered by the court or responsible
administrative authority. [2001 c 178 § 6.]
19.205.060 Transfer agreements—Further provisions. (1) The provisions of this chapter may not be waived
by any payee.
(2) Any transfer agreement entered into on or after July
22, 2001, by a payee who resides in this state shall provide
that disputes under such transfer agreement, including any
claim that the payee has breached the agreement, shall be
determined in and under the laws of this state. Such a
transfer agreement may not authorize the transferee or any
other party to confess judgment or consent to entry of
judgment against the payee.
(3) Transfer of structured settlement payment rights do
not extend to any payments that are life contingent unless,
prior to the date on which the payee signs the transfer
agreement, the transferee has established and has agreed to
maintain procedures reasonably satisfactory to the annuity
issuer and the structured settlement obligor for (a) periodically confirming the payee’s survival, and (b) giving the
annuity issuer and the structured settlement obligor prompt
written notice in the event of the payee’s death.
(4) No payee who proposes to make a transfer of
structured settlement payment rights may incur any penalty,
forfeit any application fee or other payment, or otherwise
incur any liability to the proposed transferee or any assignee
based on any failure of such a transfer to satisfy the conditions of this chapter.
(5) This chapter does not authorize any transfer of structured settlement payment rights in contravention of any law,
nor does it imply that any transfer under a transfer agreement entered into prior to July 22, 2001, is valid or invalid.
(6) Compliance with the requirements set forth in RCW
19.205.020 and fulfillment of the conditions set forth in
RCW 19.205.030 is the sole responsibility of the transferee
in any transfer of structured settlement payment rights, and
(2002 Ed.)
19.205.050
neither the structured settlement obligor nor the annuity
issuer bear any responsibility for, or any liability arising
from, noncompliance with the requirements or failure to
fulfill the conditions. [2001 c 178 § 7.]
19.205.900 Short title. This chapter may be known
and cited as the structured settlement protection act. [2001
c 178 § 1.]
Chapter 19.210
UNUSED PROPERTY MERCHANTS
Sections
19.210.010
19.210.020
19.210.030
19.210.040
Definitions.
Prohibited sales.
Chapter not applicable—Trade show, certain persons.
Penalties.
19.210.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1)(a) "Unused property market" means any event:
(i) At which two or more persons offer personal
property for sale or exchange and at which (A) these persons
are charged a fee for sale or exchange of personal property
or (B) prospective buyers are charged a fee for admission to
the area at which personal property is offered or displayed
for sale or exchange; or
(ii) Regardless of the number of persons offering or
displaying personal property or the absence of fees, at which
personal property is offered or displayed for sale or exchange if the event is held more than six times in any
twelve-month period.
(b) "Unused property market" is interchangeable with
and applicable to swap meet, indoor swap meet, flea market,
or other similar terms, regardless of whether these events are
held inside a building or outside in the open. The primary
characteristic is that these activities involve a series of sales
sufficient in number, scope, and character to constitute a
regular course of business.
(c) "Unused property market" does not include:
(i) An event that is organized for the exclusive benefit
of any community chest, fund, foundation, association, or
corporation organized and operated for religious, educational,
or charitable purposes, provided that no part of any admission fee or parking fee charged vendors or prospective
purchasers or the gross receipts or net earnings from the sale
or exchange of personal property, whether in the form of a
percentage of the receipts or earnings, as salary, or otherwise, inures to the benefit of any private shareholder or
person participating in the organization or conduct of the
event; or
(ii) An event at which all of the personal property
offered for sale or displayed is new, and all persons selling
or exchanging personal property, or offering or displaying
personal property for sale or exchange, are manufacturers or
authorized representatives of manufacturers or distributors.
(2) "Unused property merchant" means any person,
other than a vendor or merchant with an established retail
store in the county, who transports an inventory of goods to
a building, vacant lot, or other unused property market loca[Title 19 RCW—page 259]
19.210.010
Title 19 RCW: Business Regulations—Miscellaneous
tion and who, at that location, displays the goods for sale
and sells the goods at retail or offers the goods for sale at
retail, except a person who offers five or fewer items of the
same new and unused merchandise for sale or exchange at
an unused property market.
(3) "Baby food" or "infant formula" means any food
manufactured, packaged, and labeled specifically for sale for
consumption by a child under the age of two years.
(4) "Nonprescription drug," which may also be referred
to as an over-the-counter drug, means any nonnarcotic
medicine or drug that may be sold without a prescription and
is prepackaged for use by the consumer, prepared by the
manufacturer or producer for use by the consumer, and
required to be properly labeled and unadulterated in accordance with the requirements of the state food and drug laws
and the federal food, drug, and cosmetic act. "Nonprescription drug" does not include herbal products, dietary supplements, botanical extracts, or vitamins.
(5) "Medical device" means any instrument, apparatus,
implement, machine, contrivance, implant, in vitro reagent,
tool, or other similar or related article, including any
component part or accessory, which is required under federal
law to bear the label "caution: federal law requires dispensing by or on the order of a physician"; or which is defined
by federal law as a medical device and is intended for use in
the diagnosis of disease or other conditions or in the cure,
mitigation, treatment, or prevention of disease in man or
animals or is intended to affect the structure or any function
of the body of man or animals, which does not achieve any
of its principal intended purposes through chemical action
within or on the body of man or animals and which is not
dependent upon being metabolized for achievement of any
of its principal intended purposes. [2001 c 160 § 1.]
19.210.020 Prohibited sales. No unused property
merchant shall offer at an unused property market for sale or
knowingly permit the sale of baby food, infant formula,
cosmetics, nonprescription drugs, or medical devices. This
section does not apply to a person who keeps available for
public inspection a written authorization identifying that
person as an authorized representative of the manufacturer or
distributor of such product, as long as the authorization is
not false, fraudulent, or fraudulently obtained. [2001 c 160
§ 2.]
19.210.030 Chapter not applicable—Trade show,
certain persons. This chapter does not apply to:
(1) Business conducted in any industry or association
trade show; or
(2) Anyone who sells by sample, catalog, or brochure
for future delivery. [2001 c 160 § 3.]
19.210.040 Penalties. (1) A first violation of this
chapter is a misdemeanor.
(2) A second violation of this chapter within five years
is a gross misdemeanor.
(3) A third or subsequent violation of this chapter within
five years is a class C felony. [2001 c 160 § 4.]
[Title 19 RCW—page 260]
Chapter 19.215
DISPOSAL OF PERSONAL INFORMATION
Sections
19.215.005 Finding.
19.215.010 Definitions.
19.215.020 Destruction of information—Liability—Exception—Civil
action.
19.215.030 Compliance with federal regulations.
19.215.005 Finding. The legislature finds that the
careless disposal of personal information by commercial,
governmental, or other entities poses a significant threat of
identity theft, thus risking a person’s privacy, financial
security, and other interests. The alarming increase in
identity theft crimes and other problems associated with the
improper disposal of personal information can be traced, in
part, to disposal policies and methods that make it easy for
unscrupulous persons to obtain and use that information to
the detriment of the public. Accordingly, the legislature
declares that all organizations and individuals have a
continuing obligation to ensure the security and confidentiality of personal information during the process of disposing of
that information. [2002 c 90 § 1.]
19.215.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Entity" includes a sole proprietor, partnership,
corporation, limited liability company, trust, association,
financial institution, governmental entity, other than the
federal government, and any other individual or group,
engaged in a trade, occupation, enterprise, governmental
function, or similar activity in this state, however organized
and whether organized to operate at a profit.
(2) "Destroy personal information" means shredding,
erasing, or otherwise modifying personal information in
records to make the personal information unreadable or
undecipherable through any reasonable means.
(3) "Individual" means a natural person, except that if
the individual is under a legal disability, "individual"
includes a parent or duly appointed legal representative.
(4) "Personal financial" and "health information" mean
information that is identifiable to an individual and that is
commonly used for financial or health care purposes,
including account numbers, access codes or passwords,
information gathered for account security purposes, credit
card numbers, information held for the purpose of account
access or transaction initiation, or information that relates to
medical history or status.
(5) "Personal identification number issued by a government entity" means a tax identification number, social
security number, driver’s license or permit number, state
identification card number issued by the department of
licensing, or any other number or code issued by a government entity for the purpose of personal identification that is
protected and is not available to the public under any
circumstances.
(6) "Record" includes any material, regardless of the
physical form, on which information is recorded or preserved
by any means, including in written or spoken words,
graphically depicted, printed, or electromagnetically trans(2002 Ed.)
Disposal of Personal Information
Chapter 19.220
INTERNATIONAL MATCHMAKING
ORGANIZATIONS
mitted. "Record" does not include publicly available
directories containing information an individual has voluntarily consented to have publicly disseminated or listed, such
as name, address, or telephone number. [2002 c 90 § 2.]
19.215.020 Destruction of information—Liability—
Exception—Civil action. (1) An entity must take all
reasonable steps to destroy, or arrange for the destruction of,
personal financial and health information and personal
identification numbers issued by government entities in an
individual’s records within its custody or control when the
entity is disposing of records that it will no longer retain.
(2) An entity is not liable under this section for records
it has relinquished to the custody and control of the individual to whom the records pertain.
(3) This subsection [section] does not apply to the
disposal of records by a transfer of the records, not otherwise prohibited by law, to another entity, including a transfer
to archive or otherwise preserve public records as required
by law.
(4) An individual injured by the failure of an entity to
comply with subsection (1) of this section may bring a civil
action in a court of competent jurisdiction. The court may:
(a) If the failure to comply is due to negligence, award
a penalty of two hundred dollars or actual damages, whichever is greater, and costs and reasonable attorneys’ fees; and
(b) If the failure to comply is willful, award a penalty
of six hundred dollars or damages equal to three times actual
damages, whichever is greater, and costs and reasonable
attorneys’ fees. However, treble damages may not exceed
ten thousand dollars.
(5) An individual having reason to believe that he or she
may be injured by an act or failure to act that does not
comply with subsection (1) of this section may apply to a
court of competent jurisdiction to enjoin the act or failure to
act. The court may grant an injunction with terms and
conditions as the court may deem equitable.
(6) The attorney general may bring a civil action in the
name of the state for damages, injunctive relief, or both,
against an entity that fails to comply with subsection (1) of
this section. The court may award damages that are the
same as those awarded to individual plaintiffs under subsection (4) of this section.
(7) The rights and remedies provided under this section
are in addition to any other rights or remedies provided by
law. [2002 c 90 § 3.]
19.215.030 Compliance with federal regulations.
Any bank, financial institution, health care organization, or
other entity that is subject to the federal regulations under
the interagency guidelines establishing standards for safeguarding customer information (12 C.F.R. 208 Appendix D2, 12 C.F.R. 364 Appendix B, 12 C.F.R. 30 Appendix B, 12
C.F.R. 570 Appendix B); the guidelines for safeguarding
member information (12 C.F.R. 748 Appendix A); and the
standards for privacy of individually identifiable health
information (45 C.F.R. 160 and 164), and which is in compliance with these federal guidelines, is in compliance with
the requirements of this chapter. [2002 c 90 § 4.]
(2002 Ed.)
19.215.010
Sections
19.220.005
19.220.010
19.220.020
19.220.030
19.220.900
Intent.
Dissemination of information—Definitions.
Jurisdiction.
Finding—Consumer protection act—Application to chapter.
Effective date—2002 c 115.
19.220.005 Intent. The legislature intends to provide
increased consumer awareness on the part of persons living
abroad regarding Washington residents who utilize international matchmaking services for purposes of establishing
relationships with those living abroad. The legislature
recognizes that persons living abroad are already required to
provide background information to the federal government
during visa applications, but, unlike residents of the United
States, are unlikely to have the means to access and fully
verify personal history information about prospective spouses
residing in the United States. The legislature does not intend
to impede the ability of any person to establish a marital or
romantic relationship, but rather to increase the ability of
persons living abroad to make informed decisions about
Washington residents.
The legislature does not intend to adversely impact in
any way those businesses who offer international matchmaking services on a not for fee basis. [2002 c 115 § 1.]
19.220.010 Dissemination of information—
Definitions. (1) Each international matchmaking organization doing business in Washington state shall disseminate to
a recruit, upon request, state background check information
and marital history information relating to any Washington
state resident about whom any information is provided to the
recruit, in the recruit’s native language. The organization
shall notify all recruits that background check and marital
history information is available upon request. The notice
that background check and marital history information is
available upon request shall be in the recruit’s native
language and shall be displayed in a manner that separates
it from other information, is highly noticeable, and in
lettering not less than one-quarter of an inch high.
(2) If an international matchmaking organization
receives a request for information from a recruit pursuant to
subsection (1) of this section, the organization shall notify
the Washington state resident of the request. Upon receiving
notification, the Washington state resident shall obtain from
the state patrol and provide to the organization the complete
transcript of any background check information provided
pursuant to RCW 43.43.760 based on a submission of
fingerprint impressions and provided pursuant to RCW
43.43.838 and shall provide to the organization his or her
marital history information. The organization shall require
the resident to affirm that marital history information is
complete and accurate, and includes any information regarding marriages, annulments, and dissolutions which occurred
in other states or countries. The organization shall refrain
from knowingly providing any further services to the recruit
or the Washington state resident in regards to facilitating
future interaction between the recruit and the Washington
[Title 19 RCW—page 261]
19.220.010
Title 19 RCW: Business Regulations—Miscellaneous
state resident until the organization has obtained the requested information and provided it to the recruit.
(3) This section does not apply to a traditional matchmaking organization of a religious nature that otherwise
operates in compliance with the laws of the countries of the
recruits of such organization and the laws of the United
States nor to any organization that does not charge a fee to
any party for the service provided.
(4) As used in this section:
(a) "International matchmaking organization" means a
corporation, partnership, business, or other legal entity,
whether or not organized under the laws of the United States
or any state, that does business in the United States and for
profit offers to Washington state residents, including aliens
lawfully admitted for permanent residence and residing in
Washington state, dating, matrimonial, or social referral
services involving citizens of a foreign country or countries
who are not residing in the United States, by: (i) An
exchange of names, telephone numbers, addresses, or
statistics; (ii) selection of photographs; or (iii) a social
environment provided by the organization in a country other
than the United States.
(b) "Marital history information" means a declaration of
the person’s current marital status, the number of times the
person has previously been married, and whether any
previous marriages occurred as a result of receiving services
from an international matchmaking organization.
(c) "Recruit" means a noncitizen, nonresident person,
recruited by an international matchmaking organization for
the purpose of providing dating, matrimonial, or social
referral services. [2002 c 115 § 2.]
19.220.020 Jurisdiction. For purposes of establishing
personal jurisdiction under chapter 115, Laws of 2002, an
international matchmaking organization is deemed to be
doing business in Washington and therefore subject to
specific jurisdiction if it contracts for matchmaking services
with a Washington resident or if it is considered to be doing
business under any other provision or rule of law. [2002 c
115 § 3.]
19.220.030 Finding—Consumer protection act—
Application to chapter. The legislature finds that the
practices covered by this chapter are matters vitally affecting
the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. A violation of this
chapter is not reasonable in relation to the development and
preservation of business and is an unfair or deceptive act in
trade or commerce and an unfair method of competition for
the purpose of applying the consumer protection act, chapter
19.86 RCW. [2002 c 115 § 4.]
19.220.900 Effective date—2002 c 115. This act
takes effect September 1, 2002. [2002 c 115 § 7.]
[Title 19 RCW—page 262]
Chapter 19.225
UNIFORM ATHLETE AGENT ACT
Sections
19.225.010
19.225.020
19.225.030
19.225.040
19.225.050
19.225.060
19.225.070
19.225.080
19.225.090
19.225.100
19.225.110
19.225.120
19.225.900
19.225.901
19.225.902
19.225.903
Definitions.
Service of process.
Athlete agents—Delivery of disclosure form required.
Athlete agent disclosure form—Requirements.
Disqualifications.
Form of contract.
Notice to educational institution.
Student-athlete’s right to cancel.
Required records—Retention.
Prohibited acts.
Criminal/civil penalties.
Civil remedies.
Short title.
Application—Construction—2002 c 131.
Severability—2002 c 131.
Captions not law.
19.225.010 Definitions. In this chapter:
(1) "Agency contract" means an agreement in which a
student-athlete authorizes a person to negotiate or solicit on
behalf of the student-athlete a professional-sports-services
contract or an endorsement contract.
(2) "Athlete agent" means an individual who enters into
an agency contract with a student-athlete or, directly or
indirectly, recruits or solicits a student-athlete to enter into
an agency contract. The term does not include a spouse,
parent, sibling, grandparent, or legal guardian of the studentathlete or an individual acting solely on behalf of a professional sports team or professional sports organization.
The term includes an individual who represents to the public
that the individual is an athlete agent.
(3) "Athletic director" means an individual responsible
for administering the overall athletic program of an educational institution or, if an educational institution has separately administered athletic programs for male students and
female students, the athletic program for males or the
athletic program for females, as appropriate.
(4) "Contact" means a communication, direct or indirect,
between an athlete agent and a student-athlete, to recruit or
solicit the student-athlete to enter into an agency contract.
(5) "Endorsement contract" means an agreement under
which a student-athlete is employed or receives consideration
to use on behalf of the other party any value that the
student-athlete may have because of publicity, reputation,
following, or fame obtained because of athletic ability or
performance.
(6) "Intercollegiate sport" means a sport played at the
collegiate level for which eligibility requirements for
participation by a student-athlete are established by a
national association for the promotion or regulation of collegiate athletics.
(7) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, or government; governmental
subdivision, agency, or instrumentality; public corporation;
or any other legal or commercial entity.
(8) "Professional-sports-services contract" means an
agreement under which an individual is employed or agrees
to render services as a player on a professional sports team,
(2002 Ed.)
Uniform Athlete Agent Act
with a professional sports organization, or as a professional
athlete.
(9) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(10) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(11) "Student-athlete" means an individual who engages
in, is eligible to engage in, or may be eligible in the future
to engage in, any intercollegiate sport. If an individual is
permanently ineligible to participate in a particular intercollegiate sport, the individual is not a student-athlete for purposes of that sport. [2002 c 131 § 2.]
19.225.020 Service of process. By engaging in the
business of an athlete agent in this state, a nonresident
individual appoints the secretary of state as the individual’s
agent to accept service of process in any civil action related
to the individual’s business as an athlete agent in this state.
[2002 c 131 § 3.]
19.225.030 Athlete agents—Delivery of disclosure
form required. (1) Except as otherwise provided in
subsection (2) of this section, an individual may not act as
an athlete agent in this state unless on the day of initial contact with any student-athlete the athlete agent delivers to the
student-athlete the athlete agent disclosure form as required
by RCW 19.225.040.
(2) An individual may act as an athlete agent before
delivering an athlete agent disclosure form for all purposes
except signing an agency contract if:
(a) A student-athlete or another acting on behalf of the
student-athlete initiates communication with the individual;
and
(b) Within seven days after an initial act as an athlete
agent, the individual delivers an athlete agent disclosure form
to the student-athlete.
(3) An agency contract resulting from conduct in
violation of this section is void. The athlete agent shall
return any consideration received under the contract. [2002
c 131 § 4.]
19.225.040 Athlete agent disclosure form—
Requirements. (1) The athlete agent disclosure form must
be in a record executed in the name of an individual and
signed by the athlete agent under penalty of perjury and,
except as otherwise provided in subsection (2) of this
section, must state or contain:
(a) The name of the athlete agent and the address of the
athlete agent’s principal place of business;
(b) The name of the athlete agent’s business or employer, if applicable;
(c) Any business or occupation engaged in by the
athlete agent for the five years next preceding the date of
execution of the athlete agent disclosure form;
(d) A description of the athlete agent’s:
(i) Formal training as an athlete agent;
(ii) Practical experience as an athlete agent; and
(2002 Ed.)
19.225.010
(iii) Educational background relating to the athlete
agent’s activities as an athlete agent;
(e) The names and addresses of three individuals not
related to the athlete agent who are willing to serve as
references;
(f) The name, sport, and last known team for each
individual for whom the athlete agent provided services as
an athlete agent during the five years next preceding the date
of execution of the athlete agent disclosure form;
(g) The names and addresses of all persons who are:
(i) With respect to the athlete agent’s business if it is
not a corporation, the partners, officers, associates, or profitsharers; and
(ii) With respect to a corporation employing the athlete
agent, the officers, directors, and any shareholder of the
corporation with a five percent or greater interest;
(h) Whether the athlete agent or any other person named
pursuant to (g) of this subsection has been convicted of a
crime that, if committed in this state, would be a felony or
other crime involving moral turpitude, and identify the
crime;
(i) Whether there has been any administrative or judicial
determination that the athlete agent or any other person
named pursuant to (g) of this subsection has made a false,
misleading, deceptive, or fraudulent representation;
(j) Any instance in which the conduct of the athlete
agent or any other person named pursuant to (g) of this
subsection resulted in the imposition of a sanction, suspension, or declaration of ineligibility to participate in an
interscholastic or intercollegiate athletic event on a studentathlete or educational institution;
(k) Any sanction, suspension, or disciplinary action
taken against the athlete agent or any other person named
pursuant to (g) of this subsection arising out of occupational
or professional conduct; and
(l) Whether there has been any denial of an application
for, suspension or revocation of, or refusal to renew, the
registration or licensure of the athlete agent or any other
person named pursuant to (g) of this subsection as an athlete
agent in any state.
(2) An individual who has submitted an application for,
and received a certificate of or a renewal of a certificate of,
registration or licensure as an athlete agent in another state
may submit a copy of the application and a valid certificate
of registration or licensure from the other state in lieu of
submitting an athlete agent disclosure form in the form
prescribed pursuant to subsection (1) of this section, but only
if the application to the other state:
(a) Was submitted in the other state within the six
months next preceding the date of delivery of the athlete
agent disclosure form in this state and the athlete agent
certifies the information contained in the application is
current;
(b) Contains information substantially similar to or more
comprehensive than that required in an athlete agent disclosure form under subsection (1) of this section; and
(c) Was signed by the athlete agent under penalty of
perjury. [2002 c 131 § 5.]
19.225.050 Disqualifications. No person may engage
in the business of an athlete agent who has:
[Title 19 RCW—page 263]
19.225.050
Title 19 RCW: Business Regulations—Miscellaneous
(1) Been convicted of a crime that, if committed in this
state, would be a felony or other crime involving moral
turpitude;
(2) Made a materially false, misleading, deceptive, or
fraudulent representation as an athlete agent or in the
application for licensure or registration as an athlete agent in
another state;
(3) Engaged in conduct prohibited by RCW 19.225.100;
(4) Had a registration or licensure as an athlete agent
suspended, revoked, or denied or been refused renewal of
registration or licensure in any state; or
(5) Engaged in conduct or failed to engage in conduct
the consequence of which was that a sanction, suspension, or
declaration of ineligibility to participate in an interscholastic
or intercollegiate athletic event was imposed on a studentathlete or educational institution. [2002 c 131 § 6.]
19.225.060 Form of contract. (1) An agency contract
must be in a record signed by the parties.
(2) An agency contract must state or contain:
(a) The amount and method of calculating the consideration to be paid by the student-athlete for services to be
provided by the athlete agent under the contract and any
other consideration the athlete agent has received or will
receive from any other source for entering into the contract
or for providing the services;
(b) The name of any person other than the athlete agent
who will be compensated because the student-athlete signed
the agency contract;
(c) A description of any expenses that the studentathlete agrees to reimburse;
(d) A description of the services to be provided to the
student-athlete;
(e) The duration of the contract; and
(f) The date of execution.
(3) An agency contract must contain, in close proximity
to the signature of the student-athlete, a conspicuous notice
in boldface type in capital letters stating:
WARNING TO STUDENT-ATHLETE
IF YOU SIGN THIS CONTRACT:
(a) YOU MAY LOSE YOUR ELIGIBILITY TO
COMPETE AS A STUDENT-ATHLETE IN YOUR
SPORT;
(b) BOTH YOU AND YOUR ATHLETE AGENT
ARE REQUIRED TO TELL YOUR ATHLETIC DIRECTOR, IF YOU HAVE AN ATHLETIC DIRECTOR,
AT LEAST SEVENTY-TWO HOURS PRIOR TO
ENTERING INTO AN AGENCY CONTRACT AND
AGAIN WITHIN SEVENTY-TWO HOURS AFTER
ENTERING INTO AN AGENCY CONTRACT; AND
(c) YOU MAY CANCEL THIS CONTRACT WITHIN FOURTEEN DAYS AFTER SIGNING IT.
CANCELLATION OF THE CONTRACT MAY NOT
REINSTATE YOUR ELIGIBILITY.
(4) A copy of the athlete agent disclosure form delivered to the student-athlete shall be attached to the agency
contract.
(5) An agency contract that does not conform to this
section is voidable by the student-athlete.
[Title 19 RCW—page 264]
(6) The athlete agent shall give a copy of the signed
agency contract to the student-athlete at the time of signing.
[2002 c 131 § 7.]
19.225.070 Notice to educational institution. (1) At
least seventy-two hours prior to entering into an agency
contract, the athlete agent shall give notice in a record of the
existence of the contract and shall provide a copy of the
athlete agent disclosure form to the athletic director of the
educational institution at which the student-athlete is enrolled
or the athlete agent has reasonable grounds to believe the
student-athlete intends to enroll.
(2) Within seventy-two hours after entering into an
agency contract or before the next scheduled athletic event
in which the student-athlete may participate, whichever
occurs first, the athlete agent shall give notice in a record of
the existence of the contract and shall provide a copy of the
athlete agent disclosure form to the athletic director of the
educational institution at which the student-athlete is enrolled
or the athlete agent has reasonable grounds to believe the
student-athlete intends to enroll.
(3) At least seventy-two hours prior to entering into an
agency contract, the student-athlete shall give notice in a
record of the existence of the contract and shall provide a
copy of the athlete agent disclosure form to the athletic
director of the educational institution at which the studentathlete is enrolled.
(4) Within seventy-two hours after entering into an
agency contract or before the next athletic event in which the
student-athlete may participate, whichever occurs first, the
student-athlete shall inform the athletic director of the
educational institution at which the student-athlete is enrolled
that he or she has entered into an agency contract and shall
provide a copy of the athlete agent disclosure form. [2002
c 131 § 8.]
19.225.080 Student-athlete’s right to cancel. (1) A
student-athlete may cancel an agency contract by giving
notice in a record to the athlete agent of the cancellation
within fourteen days after the contract is signed.
(2) A student-athlete may not waive the right to cancel
an agency contract.
(3) If a student-athlete cancels an agency contract, the
student-athlete is not required to pay any consideration under
the contract or to return any consideration received from the
agent to induce the student-athlete to enter into the contract.
[2002 c 131 § 9.]
19.225.090 Required records—Retention. (1) An
athlete agent shall retain the following records for a period
of five years:
(a) The name and address of each individual represented
by the athlete agent;
(b) Any agency contract entered into by the athlete
agent; and
(c) Any direct costs incurred by the athlete agent in the
recruitment or solicitation of a student-athlete.
(2) Records required by subsection (1) of this section to
be retained are subject to subpoena in a judicial proceeding.
[2002 c 131 § 10.]
(2002 Ed.)
Uniform Athlete Agent Act
19.225.100 Prohibited acts. (1) An athlete agent may
not do any of the following with the intent to induce a
student-athlete to enter into an agency contract:
(a) Give any materially false or misleading information
or make a materially false promise or representation;
(b) Furnish anything of value to a student-athlete before
the student-athlete enters into the agency contract; or
(c) Furnish anything of value to any individual other
than the student-athlete or another registered athlete agent.
(2) An athlete agent may not intentionally:
(a) Initiate contact with a student-athlete unless providing the student-athlete with the athlete agent disclosure form
as provided in RCW 19.225.030;
(b) Refuse or willfully fail to retain or produce in
response to subpoena the records required by RCW
19.225.090;
(c) Fail to disclose information required by RCW
19.225.040;
(d) Provide materially false or misleading information
in an athlete agent disclosure form;
(e) Predate or postdate an agency contract;
(f) Fail to notify a student-athlete prior to the studentathlete’s signing an agency contract for a particular sport that
the signing by the student-athlete may make the studentathlete ineligible to participate as a student-athlete in that
sport;
(g) Ask or allow a student-athlete to waive or attempt
to waive rights under this chapter;
(h) Fail to give notice required under RCW 19.225.070;
or
(i) Engage in the business of an athlete agent in this
state: (A) At any time after conviction under RCW
19.225.110; or (B) within five years of entry of a civil
judgment under RCW 19.225.120. [2002 c 131 § 11.]
19.225.100
(4) Any liability of the athlete agent or the former
student-athlete under this section is several and not joint.
(5) This chapter does not restrict rights, remedies, or defenses of any person under law or equity. [2002 c 131 §
13.]
19.225.900 Short title. This chapter may be cited as
the uniform athlete agents act. [2002 c 131 § 1.]
19.225.901 Application—Construction—2002 c 131.
In applying and construing this uniform act, consideration
must be given to the need to promote uniformity of the law
with respect to its subject matter of this chapter among states
that enact it. [2002 c 131 § 14.]
19.225.902 Severability—2002 c 131. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2002 c 131 § 15.]
19.225.903 Captions not law. Captions used in this
chapter are not any part of the law. [2002 c 131 § 16.]
19.225.110 Criminal/civil penalties. The commission
of any act prohibited by RCW 19.225.100 by an athlete
agent is a class C felony punishable according to chapter
9A.20 RCW. In addition to any criminal penalties, the court
may assess a civil penalty of up to ten thousand dollars for
a violation of RCW 19.225.100. [2002 c 131 § 12.]
19.225.120 Civil remedies. (1) An educational
institution has a right of action against an athlete agent or a
former student-athlete for damages caused by a violation of
this chapter. In an action under this section, the court may
award to the prevailing party costs and reasonable attorneys’
fees.
(2) Damages of an educational institution under subsection (1) of this section include losses and expenses incurred
because, as a result of the activities of an athlete agent or
former student-athlete, the educational institution was injured
by a violation of this chapter or was penalized, disqualified,
or suspended from participation in athletics by a national
association for the promotion and regulation of athletics, by
an athletic conference, or by reasonable self-imposed
disciplinary action taken to mitigate sanctions.
(3) A right of action under this section does not accrue
until the educational institution discovers or by the exercise
of reasonable diligence would have discovered the violation
by the athlete agent or former student-athlete.
(2002 Ed.)
[Title 19 RCW—page 265]
Title 20
COMMISSION MERCHANTS—AGRICULTURAL
PRODUCTS
Chapters
20.01
Agricultural products—Commission merchants, dealers, brokers, buyers, agents.
20.01.260
Sales of personal property: Title 62A RCW.
Washington wholesome eggs and egg products act: Chapter 69.25 RCW.
20.01.280
Chapter 20.01
AGRICULTURAL PRODUCTS—COMMISSION
MERCHANTS, DEALERS, BROKERS,
BUYERS, AGENTS
20.01.320
20.01.330
20.01.270
20.01.300
20.01.310
20.01.340
20.01.350
Sections
20.01.010
20.01.020
20.01.030
20.01.038
20.01.040
20.01.050
20.01.060
20.01.070
20.01.080
20.01.086
20.01.090
20.01.100
20.01.110
20.01.120
20.01.125
20.01.130
20.01.140
20.01.150
20.01.160
20.01.170
20.01.180
20.01.190
20.01.200
20.01.205
20.01.210
20.01.211
20.01.212
20.01.214
20.01.220
20.01.230
20.01.240
20.01.250
(2002 Ed.)
Definitions.
Rules and regulations—Enforcement of chapter—
Interference prohibited.
Exemptions.
License required of persons dealing in livestock, hay, grain,
or straw.
License—Generally.
License renewals.
Licensee in one class may obtain license in another—
Additional fee.
Application for license—Contents.
Commission merchant’s schedule of commissions and charges—Changes, posting.
Waiver of reporting, accounting, and record-keeping requirements prohibited.
Agent to disclose principal licensee and his endorsement.
Issuance of license—Expiration date—Fraudulent application
grounds for refusal, revocation.
Publication of list of licensees and rules—Posting license.
Vehicle license plates.
Hay or straw—Certified vehicle tare and load weights—
Violations.
Disposition of moneys.
Change in organization of firm to be reported.
Denial, suspension, revocation of licenses, probationary
orders—Authority.
Denial, suspension, revocation of licenses, probationary
orders—Procedure.
Denial, suspension, revocation of licenses, probationary
orders—Subpoenas, witnesses, testimony, fees.
Denial, suspension, revocation of licenses, probationary
orders—Findings and conclusions—Record.
Denial, suspension, revocation of licenses, probationary
orders—Final action in writing—Appeal to superior
court.
Denial, suspension, revocation of licenses, probationary
orders—Appellate review.
License suspension—Noncompliance with support order—
Reissuance.
Commission merchants, dealers—Bonds.
Alternative bonding provision for certain dealers.
Livestock dealers bonded under federal law.
Appeal from rejected bond claim.
Action on bond for fraud.
Action on bond for failure to comply with chapter.
Claims against commission merchant, dealer.
Failure of consignor to file claim, time limitation.
20.01.360
20.01.370
20.01.380
20.01.385
20.01.390
20.01.400
20.01.410
20.01.420
20.01.430
20.01.440
20.01.450
20.01.460
20.01.465
20.01.470
20.01.475
20.01.480
20.01.482
20.01.484
20.01.486
20.01.488
20.01.490
20.01.500
20.01.510
20.01.520
20.01.530
20.01.540
20.01.550
20.01.560
20.01.570
20.01.610
20.01.900
20.01.910
20.01.911
20.01.912
Director not liable if circumstances prevent ascertainment of
creditors—Demand on bond.
Demand on bond after claims ascertained—Power of director to settle, compromise.
Action on bond after refusal to pay—New bond, failure to
file.
Verified complaints of consignor—Investigations.
Oaths, testimony, witnesses, subpoenas—Contempt proceedings—Records as evidence.
Investigations, examinations, inspections.
Denial, revocation, suspension, or condition of licenses,
probationary orders—Grounds.
Denial, revocation, suspension of licenses, probationary
orders—Previous violations as grounds.
Denial, revocation, suspension of licenses, probationary
orders—Hearing, investigation—Findings required—
Notices.
Order of revocation, suspension.
Commission merchants—Recordkeeping.
Dealers, cash buyers, livestock dealers—Recordkeeping.
Failure to comply—Construction of transaction.
When dealer must pay for products delivered to him.
Broker’s memorandum of sale.
Manifest of cargo.
Commission merchant’s report of sale to consignor.
Commission merchant’s remittance to consignor.
Commission merchant’s copy of records to be retained—
Inspection—Department’s certificate of condition, quality, etc.
Claims against seller by dealer, cash buyer—Credit to dealer, cash buyer against consignor—Certificate of proof.
Prohibited acts—Penalties.
Time of sale requirement—Unlawful.
Action to enjoin violation of chapter.
Licensee under chapter—Prima facie evidence acting as
licensee handling agricultural products.
Violations resulting in improper or nonpayment—Charges.
Civil infractions—Notice—Promise to appear or respond—
Misdemeanors.
Civil infractions—Response to notice.
Civil infractions—Hearing to contest charge—Order—
Appeal.
Civil infractions—Informal hearing on mitigating circumstances—Order—No appeal.
Civil infractions—Monetary penalty—Failure to pay, misdemeanor.
"Grower," "processor" defined—Application of exemption
contained in RCW 20.01.030(1).
Processor’s form showing maximum processing capacity.
Processor to have grower contracts and commitments on
file.
Grower may file form showing crops processor is committed
to purchase.
Committing to purchase more crops than plants can process—Violation.
Discrimination by processor.
Effective date of RCW 20.01.500 through 20.01.550.
Cash or other security in lieu of surety bond.
Authority to stop vehicle violating chapter—Failure to stop,
civil infraction.
Chapter cumulative and nonexclusive.
Severability—1959 c 139.
Severability—1963 c 232.
Severability—1967 c 240.
[Title 20 RCW—page 1]
Chapter 20.01
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.913 Severability—1979 ex.s. c 115.
20.01.920 Effective date—1959 c 139.
20.01.930 Repealer.
20.01.940 Repealer—Savings—1979 ex.s. c 115.
Administrative Procedure Act: Chapter 34.05 RCW.
Lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
20.01.010 Definitions. As used in this title the terms
defined in this section have the meanings indicated unless
the context clearly requires otherwise.
(1) "Director" means the director of agriculture or his
duly authorized representative.
(2) "Person" means any natural person, firm, partnership, exchange, association, trustee, receiver, corporation,
and any member, officer, or employee thereof or assignee
for the benefit of creditors.
(3) "Agricultural product" means any unprocessed
horticultural, vermicultural and its byproducts, viticultural,
berry, poultry, poultry product, grain, bee, or other agricultural products, and includes mint or mint oil processed by or
for the producer thereof and hay and straw baled or prepared
for market in any manner or form and livestock.
(4) "Producer" means any person engaged in the
business of growing or producing any agricultural product,
whether as the owner of the products, or producing the
products for others holding the title thereof.
(5) "Consignor" means any producer, person, or his
agent who sells, ships, or delivers to any commission
merchant, dealer, cash buyer, or agent, any agricultural
product for processing, handling, sale, or resale.
(6) "Commission merchant" means any person who
receives on consignment for sale or processing and sale from
the consignor thereof any agricultural product for sale on
commission on behalf of the consignor, or who accepts any
farm product in trust from the consignor thereof for the
purpose of resale, or who sells or offers for sale on commission any agricultural product, or who in any way handles for
the account of or as an agent of the consignor thereof, any
agricultural product.
(7) "Dealer" means any person other than a cash buyer,
as defined in subsection (10) of this section, who solicits,
contracts for, or obtains from the consignor thereof for
reselling or processing, title, possession, or control of any
agricultural product, or who buys or agrees to buy any
agricultural product from the consignor thereof for sale or
processing and includes any person, other than one who acts
solely as a producer, who retains title in an agricultural
product and delivers it to a producer for further production
or increase. For the purposes of this chapter, the term dealer
includes any person who purchases livestock on behalf of
and for the account of another, or who purchases cattle in
another state or country and imports these cattle into this
state for resale.
(8) "Limited dealer" means any person operating under
the alternative bonding provision in RCW 20.01.211.
(9) "Broker" means any person other than a commission
merchant, dealer, or cash buyer who negotiates the purchase
or sale of any agricultural product, but no broker may handle
the agricultural products involved or proceeds of the sale.
(10) "Cash buyer" means any person other than a
commission merchant, dealer, or broker, who obtains from
the consignor thereof for the purpose of resale or processing,
[Title 20 RCW—page 2]
title, possession, or control of any agricultural product or
who contracts for the title, possession, or control of any agricultural product, or who buys or agrees to buy for resale any
agricultural product by paying to the consignor at the time
of obtaining possession or control of any agricultural product
the full agreed price of the agricultural product, in coin or
currency, lawful money of the United States. However, a
cashier’s check, certified check, or bankdraft may be used
for the payment. For the purposes of this subsection,
"agricultural product," does not include hay, grain, straw, or
livestock.
(11) "Agent" means any person who, on behalf of any
commission merchant, dealer, broker, or cash buyer, acts as
liaison between a consignor and a principal, or receives,
contracts for, or solicits any agricultural product from the
consignor thereof or who negotiates the consignment or
purchase of any agricultural product on behalf of any
commission merchant, dealer, broker, or cash buyer and who
transacts all or a portion of that business at any location
other than at the principal place of business of his employer.
With the exception of an agent for a commission merchant
or dealer handling horticultural products, an agent may
operate only in the name of one principal and only to the
account of that principal.
(12) "Retail merchant" means any person operating from
a bona fide or established place of business selling agricultural products twelve months of each year.
(13) "Fixed or established place of business" for the
purpose of this chapter means any permanent warehouse,
building, or structure, at which necessary and appropriate
equipment and fixtures are maintained for properly handling
those agricultural products generally dealt in, and at which
supplies of the agricultural products being usually transported are stored, offered for sale, sold, delivered, and generally
dealt with in quantities reasonably adequate for and usually
carried for the requirements of such a business, and that is
recognized as a permanent business at such place, and
carried on as such in good faith and not for the purpose of
evading this chapter, and where specifically designated
personnel are available to handle transactions concerning
those agricultural products generally dealt in, which personnel are available during designated and appropriate hours to
that business, and shall not mean a residence, barn, garage,
tent, temporary stand or other temporary quarters, any
railway car, or permanent quarters occupied pursuant to any
temporary arrangement.
(14) "Processor" means any person, firm, company, or
other organization that purchases agricultural crops from a
consignor and that cans, freezes, dries, dehydrates, cooks,
presses, powders, or otherwise processes those crops in any
manner whatsoever for eventual resale.
(15) "Pooling contract" means any written agreement
whereby a consignor delivers a horticultural product to a
commission merchant under terms whereby the commission
merchant may commingle the consignor’s horticultural
products for sale with others similarly agreeing, which must
include all of the following:
(a) A delivery receipt for the consignor that indicates
the variety of horticultural product delivered, the number of
containers, or the weight and tare thereof;
(b) Horticultural products received for handling and sale
in the fresh market shall be accounted for to the consignor
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
with individual pack-out records that shall include variety,
grade, size, and date of delivery. Individual daily packing
summaries shall be available within forty-eight hours after
packing occurs. However, platform inspection shall be
acceptable by mutual contract agreement on small deliveries
to determine variety, grade, size, and date of delivery;
(c) Terms under which the commission merchant may
use his judgment in regard to the sale of the pooled horticultural product;
(d) The charges to be paid by the consignor as filed
with the state of Washington;
(e) A provision that the consignor shall be paid for his
pool contribution when the pool is in the process of being
marketed in direct proportion, not less than eighty percent of
his interest less expenses directly incurred, prior liens, and
other advances on the grower’s crop unless otherwise
mutually agreed upon between grower and commission
merchant.
(16) "Date of sale" means the date agricultural products
are delivered to the person buying the products.
(17) "Conditioner" means any person, firm, company, or
other organization that receives turf, forage, or vegetable
seeds from a consignor for drying or cleaning.
(18) "Seed bailment contract" means any contract
meeting the requirements of chapter 15.48 RCW.
(19) "Proprietary seed" means any seed that is protected
under the Federal Plant Variety Protection Act.
(20) "Licensed public weighmaster" means any person,
licensed under the provisions of chapter 15.80 RCW, who
weighs, measures, or counts any commodity or thing and
issues therefor a signed certified statement, ticket, or
memorandum of weight, measure, or count upon which the
purchase or sale of any commodity or upon which the basic
charge of payment for services rendered is based.
(21) "Certified weight" means any signed certified
statement or memorandum of weight, measure or count
issued by a licensed public weighmaster in accordance with
the provisions of chapter 15.80 RCW. [1991 c 174 § 1;
1989 c 354 § 37; 1986 c 178 § 6; 1985 c 412 § 8; 1983 c
305 § 1; 1982 c 194 § 1; 1981 c 296 § 30; 1979 ex.s. c 115
§ 1; 1977 ex.s. c 304 § 1; 1974 ex.s. c 102 § 2; 1971 ex.s.
c 182 § 1; 1967 c 240 § 40; 1963 c 232 § 1; 1959 c 139 §
1.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 305 § 78.]
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.020 Rules and regulations—Enforcement of
chapter—Interference prohibited. The director, but not
his duly authorized representative, may adopt such rules and
regulations as are necessary to carry out the purpose of this
chapter. It shall be the duty of the director to enforce and
carry out the provisions of this chapter, rules and regulations
adopted hereunder. No person shall interfere with the
director when he is performing or carrying out duties
imposed on him by this chapter, rules and regulations
adopted hereunder. [1959 c 139 § 2.]
20.01.030
20.01.010
Exemptions. This chapter does not apply
to:
(1) Any cooperative marketing associations or federations incorporated under, or whose articles of incorporation
and bylaws are equivalent to, the requirements of chapter
23.86 RCW, except as to that portion of the activities of the
association or federation that involve the handling or dealing
in the agricultural products of nonmembers of the organization: PROVIDED, That the associations or federations may
purchase up to fifteen percent of their gross from nonmembers for the purpose of filling orders: PROVIDED FURTHER, That if the cooperative or association acts as a
processor as defined in RCW 20.01.500(2) and markets the
processed agricultural crops on behalf of the grower or its
own behalf, the association or federation is subject to the
provisions of RCW 20.01.500 through 20.01.560 and the
license provision of this chapter excluding bonding provisions: PROVIDED FURTHER, That none of the foregoing
exemptions in this subsection apply to any such cooperative
or federation dealing in or handling grain in any manner, and
not licensed under the provisions of chapter 22.09 RCW;
(2) Any person who sells exclusively his or her own
agricultural products as the producer thereof;
(3) Any public livestock market operating under a bond
required by law or a bond required by the United States to
secure the performance of the public livestock market’s
obligation. However, any such market operating as a livestock dealer or order buyer, or both, is subject to all provisions of this chapter except for the payment of the license
fee required in RCW 20.01.040;
(4) Any retail merchant having a bona fide fixed or
permanent place of business in this state, but only for the
retail merchant’s retail business conducted at such fixed or
established place of business;
(5) Any person buying farm products for his or her own
use or consumption;
(6) Any warehouseman or grain dealer licensed under
the state grain warehouse act, chapter 22.09 RCW, with
respect to his or her handling of any agricultural product as
defined under that chapter;
(7) Any nurseryman who is required to be licensed
under the horticultural laws of the state with respect to his
or her operations as such licensee;
(8) Any person licensed under the now existing dairy
laws of the state with respect to his or her operations as such
licensee;
(9) Any producer who purchases less than fifteen
percent of his or her volume to complete orders;
(10) Any person, association, or corporation regulated
under chapter 67.16 RCW and the rules adopted thereunder
while performing acts regulated by that chapter and the rules
adopted thereunder;
(11) Any domestic winery, as defined in RCW
66.04.010, licensed under Title 66 RCW, with respect to its
transactions involving agricultural products used by the
domestic winery in making wine. [1993 c 104 § 1. Prior:
1989 c 354 § 38; 1989 c 307 § 37; 1988 c 254 § 10; 1983
c 305 § 2; 1982 c 194 § 2; 1981 c 296 § 31; 1979 ex.s. c
115 § 2; 1977 ex.s. c 304 § 2; 1975 1st ex.s. c 7 § 18; 1971
ex.s. c 182 § 2; 1969 ex.s. c 132 § 1; 1967 c 240 § 41; 1959
c 139 § 3.]
Severability—1989 c 354: See note following RCW 15.36.012.
(2002 Ed.)
[Title 20 RCW—page 3]
20.01.030
Title 20 RCW: Commission Merchants—Agricultural Products
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.038 License required of persons dealing in
livestock, hay, grain, or straw. Any person who deals in
livestock, hay, grain or straw, other than the producer or
grower thereof, shall license as a dealer or commission
merchant and shall be subject to all the provisions of this
chapter regulating such a licensee. [1963 c 232 § 9.]
20.01.040 License—Generally. No person may act
as a commission merchant, dealer, broker, cash buyer, or
agent without a license. Any person applying for such a
license shall file an application with the director prior to
conducting business pursuant to this chapter. No application
shall be considered complete unless an effective bond or
other acceptable form of security is also filed with the
director, as provided under RCW 20.01.210, 20.01.211, or
20.01.212. Each license issued under this chapter shall
require renewal on or before the renewal date prescribed by
the director by rule. License fees shall be prorated where
necessary to accommodate staggered renewals of a license or
licenses. The application shall be accompanied by a license
fee as prescribed by the director by rule. [1991 c 109 § 16;
1989 c 354 § 39; 1987 c 393 § 13; 1983 c 305 § 3; 1979
ex.s. c 115 § 3; 1974 ex.s. c 102 § 3; 1971 ex.s. c 182 § 3;
1959 c 139 § 4.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.050 License renewals. If an application for
renewal of a commission merchant, dealer, broker or cash
buyer license is not filed prior to the prescribed renewal date
a penalty of twenty-five percent shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license shall be issued. [1991 c 109 § 17; 1959
c 139 § 5.]
20.01.060 Licensee in one class may obtain license
in another—Additional fee. Any person licensed as a
commission merchant, dealer, or broker, in the manner
prescribed in this chapter, may apply for and secure a license
in any or all of the remaining such classifications upon
payment of an additional fee of twenty-five dollars for each
such additional classification: PROVIDED, That the
applicant’s principal license shall be in that classification
requiring the greatest license fee. Such applicant shall
further comply with those parts of this chapter regulating the
licensing of the other particular classifications involved.
[1979 ex.s. c 115 § 4; 1977 ex.s. c 304 § 3; 1974 ex.s. c 102
§ 4; 1971 ex.s. c 182 § 4; 1959 c 139 § 6.]
20.01.070 Application for license—Contents.
Application for a license shall be on a form prescribed by
the director and shall state the full name of the person
applying for such license and if the applicant is an individual, receiver, trustee, firm, exchange, partnership, association
or corporation, the full name of each member of the firm or
[Title 20 RCW—page 4]
partnership, or the names of the officers of the exchange,
association or corporation shall be given in the application.
Such application shall further state the principal business
address of the applicant in the state and elsewhere and the
name or names of the person authorized to receive and
accept service of summons and legal notices of all kinds for
the applicant and any other necessary information prescribed
by the director. [1959 c 139 § 7.]
20.01.080 Commission merchant’s schedule of
commissions and charges—Changes, posting. Any person
applying for a commission merchant’s license shall include
in his or her application a schedule of commissions, together
with an itemized list of all charges for services to be
rendered to a consignor and shall post a copy of such
charges on his or her premises in a conspicuous place where
it is clearly visible and available to consignors. In addition
to the posting of the itemized list of charges, such list shall
be distributed to each consignor along with each contract
entered into between the consignor and the commission
merchant. Such commissions and charges shall not be
changed or varied for the license period except by written
contract between the consignor or his or her agent and the
licensee or thirty days after written notice to the director,
and proper posting of such changes, as prescribed by the director, on the licensee’s premises. Charges for services
rendered and not listed on the schedule of commissions and
charges filed with the director, or for increases in charges
listed and filed which are directly caused by increases in
labor rates or in cost of materials which occur after the
signing of the contract by the grower, shall be rendered only
on an actual cost to the licensee basis. [1988 c 254 § 16;
1977 ex.s. c 304 § 4; 1971 ex.s. c 182 § 5; 1959 c 139 § 8.]
20.01.086 Waiver of reporting, accounting, and
record-keeping requirements prohibited. Except where
specifically provided in this chapter, the reporting, accounting, and record-keeping requirements of this chapter, being
matters of public interest, may not be waived by contract
between the consignor and/or the commission merchant or
dealer. [1977 ex.s. c 304 § 5; 1974 ex.s. c 102 § 8.]
20.01.090 Agent to disclose principal licensee and
his endorsement. Any person applying for an agent’s
license shall include the name and address of the principal
licensee represented or sought to be represented by such
agent and the written endorsement or nomination of such
principal licensee. [1959 c 139 § 9.]
20.01.100 Issuance of license—Expiration date—
Fraudulent application grounds for refusal, revocation.
The director, upon his satisfaction that the applicant has met
the requirements of this chapter and rules and regulations
adopted hereunder, shall issue a license entitling the applicant to carry on the business described on the application.
Such license shall expire on December 31st following the
issuance of the license, provided that it has not been revoked
or suspended prior thereto, by the director, after due notice
and hearing. Fraud and misrepresentation in making an
application for a license shall be cause for refusal to grant a
license or revocation of license granted pursuant to a
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
fraudulent application after due notice and hearing. [1959 c
139 § 10.]
20.01.110 Publication of list of licensees and rules—
Posting license. The director may publish a list, as often as
he deems necessary, of all persons licensed under this
chapter together with all the necessary rules and regulations
concerning the enforcement of this chapter. Each person
licensed under [the] provisions of this chapter shall post his
license or a copy thereof in his place or places of business
in plain view of the public. [1959 c 139 § 11.]
20.01.100
association, exchange, corporation, or partnership licensed
under the provisions of this chapter shall be reported to the
director and the licensee’s surety or sureties. [1959 c 139 §
14.]
20.01.150 Denial, suspension, revocation of licenses,
probationary orders—Authority. The director is authorized to deny, suspend, or revoke a license or issue conditional or probationary orders in the manner prescribed
herein, in any case in which he finds that there has been a
failure and/or refusal to comply with the requirements of this
chapter, rules or regulations adopted hereunder. [1959 c 139
§ 15.]
20.01.120 Vehicle license plates. The licensee shall
prominently display license plates issued by the director on
the front and back of any vehicle used by the licensee to
transport upon public highways unprocessed agricultural
products which he has not produced as a producer of such
agricultural products. If the licensee operates more than one
vehicle to transport unprocessed agricultural products on
public highways he shall apply to the director for license
plates for each such additional vehicle. Such additional
license plates shall be issued to the licensee at the actual cost
to the department for such license plates and necessary
handling charges. Such license plates are not transferable to
any other person and may be used only on the licensee’s
vehicle or vehicles. The display of such license plates on
the vehicle or vehicles of a person whose license has been
revoked, or the failure to surrender such license plates
forthwith to the department after such revocation, shall be
deemed a violation of this chapter. [1959 c 139 § 12.]
20.01.160 Denial, suspension, revocation of licenses,
probationary orders—Procedure. In all proceedings for
revocation, suspension, or denial of a license, or the issuance
of a conditional or probationary order, the licensee or
applicant shall be given an opportunity to be heard and may
be represented by counsel. The director shall give the
licensee or applicant twenty days’ notice in writing and such
notice shall specify the charges or reasons for the hearing for
such revocation, suspension, denial or the issuance of a
conditional or probationary order. The notice shall also state
the date, time and place where such hearing is to be held.
A copy of such notice shall be mailed to the licensee’s
surety. Such hearings shall be held in the city of Olympia,
unless a different place is fixed by the director. [1959 c 139
§ 16.]
20.01.125 Hay or straw—Certified vehicle tare and
load weights—Violations. Every dealer and commission
merchant dealing in hay or straw shall obtain a certified
vehicle tare weight and a certified vehicle gross weight for
each load hauled and shall furnish the consignor with a copy
of such certified weight ticket within seventy-two hours after
taking delivery. It shall be a violation of this chapter for
any licensee to transport hay or straw which has been
purchased by weight without having obtained a certified
weight ticket from the first licensed public weighmaster
which would be encountered on the ordinary route to the
destination where the hay or straw is to be unloaded. [1986
c 178 § 7; 1971 ex.s. c 182 § 6; 1963 c 232 § 8.]
20.01.170 Denial, suspension, revocation of licenses,
probationary orders—Subpoenas, witnesses, testimony,
fees. The director may issue subpoenas to compel the
attendance of witnesses, and/or the production of books or
documents, anywhere in the state. The licensee or applicant
shall have opportunity to make his defense, and may have
such subpoenas issued as he desires. Subpoenas shall be
served in the same manner as in civil cases in the superior
court. Witnesses shall testify under oath which may be
administered by the director. Testimony shall be recorded
and may be taken by deposition under such rules as the
director may prescribe. Witnesses, except complaining
witnesses, shall be entitled to fees for attendance and travel,
as provided for in chapter 2.40 RCW, as enacted or hereafter
amended. [1963 c 232 § 2; 1959 c 139 § 17.]
20.01.130 Disposition of moneys. All fees and other
moneys received by the department under the provisions of
this chapter shall be paid to the director and shall be used
solely for the purpose of carrying out the provisions of this
chapter and rules adopted hereunder or for departmental administrative expenses during the 1993-95 biennium. All civil
fines received by the courts as the result of notices of
infractions issued by the director shall be paid to the
director, less any mandatory court costs and assessments.
[1993 sp.s. c 24 § 929; 1986 c 178 § 8; 1973 c 142 § 1;
1971 ex.s. c 182 § 7; 1959 c 139 § 13.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
20.01.140 Change in organization of firm to be
reported. Any change in the organization of any firm,
(2002 Ed.)
20.01.180 Denial, suspension, revocation of licenses,
probationary orders—Findings and conclusions—Record.
The director shall hear and determine the charges, make
findings and conclusions upon the evidence produced, and
file them in his office, together with a record of all of the
evidence, and serve upon the accused a copy of such
findings and conclusions. [1959 c 139 § 18.]
20.01.190 Denial, suspension, revocation of licenses,
probationary orders—Final action in writing—Appeal to
superior court. The revocation, suspension or denial of a
license, or the issuance of conditional or probationary orders,
shall be in writing signed by the director, stating the grounds
upon which such order is based and the aggrieved person
shall have the right to appeal from such order within fifteen
[Title 20 RCW—page 5]
20.01.190
Title 20 RCW: Commission Merchants—Agricultural Products
days after a copy thereof is served upon him, to the superior
court of Thurston county or the county in which the hearing
was held. A copy of such findings shall be mailed to the
licensee’s surety. In such appeal the entire record shall be
certified by the director to the court, and the review on
appeal shall be confined to the evidence adduced at the
hearing before the director. [1959 c 139 § 19.]
20.01.200 Denial, suspension, revocation of licenses,
probationary orders—Appellate review. Appellate review
of the judgment of the superior court may be sought as
provided in other civil cases. [1988 c 202 § 24; 1971 c 81
§ 66; 1959 c 139 § 20.]
Severability—1988 c 202: See note following RCW 2.24.050.
20.01.205 License suspension—Noncompliance with
support order—Reissuance. The director shall immediately
suspend the license or certificate of a person who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order or a *residential or visitation
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [1997 c 58 § 855.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
20.01.210 Commission merchants, dealers—Bonds.
(1) Before the license is issued to any commission merchant
or dealer, or both, the applicant shall execute and deliver to
the director a surety bond executed by the applicant as
principal and by a surety company qualified and authorized
to do business in this state as surety. Said bond shall be to
the state for the benefit of qualified consignors of agricultural products in this state. All such sureties on a bond, as
provided herein, shall be released and discharged from all
liability to the state accruing on such bond by giving notice
to the principal and the director by certified mail. Upon
receipt of such notice the director shall notify the surety and
the principal of the effective date of termination which shall
be thirty days from the receipt of such notice by the director,
but this shall not relieve, release, or discharge the surety
from any liability already accrued or which shall accrue
before the expiration period provided for above.
(2) The bond for a commission merchant or dealer in
hay, straw or turf, forage or vegetable seed shall be not less
than fifteen thousand dollars. The actual amount of such
bond shall be determined by dividing the annual dollar
volume of the licensee’s net proceeds or net payments due
[Title 20 RCW—page 6]
consignors by twelve and increasing that amount to the next
multiple of five thousand dollars, except that the bond
amount for dollar volume arising from proprietary seed
bailment contracts shall be computed as provided in subsection (4) of this section. Such bond for a new commission
merchant or dealer in hay, straw or turf, forage or vegetable
seed shall be subject to increase at any time during the
licensee’s first year of operation based on the average of
business volume for any three months. Except as provided
in subsection (3) of this section, the bond shall be not less
than ten thousand dollars for any other dealer.
(3) The bond for a commission merchant or dealer in
livestock shall be not less than ten thousand dollars. The
actual amount of such bond shall be determined in accordance with the formula set forth in the packers and stockyard
act of 1921 (7 U.S.C. 181), except that a commission
merchant or dealer in livestock shall increase the commission
merchant’s or dealer’s bond by five thousand dollars for
each agent the commission merchant or dealer has endorsed
under RCW 20.01.090. A dealer who also acts as an order
buyer for other persons who are also licensed and bonded
under this chapter or under the packers and stockyards act (7
U.S.C. 181) may subtract that amount of business from the
annual gross volume of purchases reported to the director in
determining the amount of bond coverage that must be
provided and maintained for the purposes of this chapter.
(4) The bond for a commission merchant handling
agricultural products other than livestock, hay, straw or turf,
forage or vegetable seed shall not be less than ten thousand
dollars. The bond for a dealer handling agricultural products
other than livestock, hay, straw or turf, forage or vegetable
seed shall not be less than ten thousand dollars. The actual
amount of such bond shall be determined by dividing the
annual dollar volume of the licensee’s net proceeds or net
payments due consignors by fifty-two and increasing that
amount to the next multiple of two thousand dollars.
However, bonds above twenty-six thousand dollars shall be
increased to the next multiple of five thousand dollars.
(5) When the annual dollar volume of any commission
merchant or dealer reaches two million six hundred thousand
dollars, the amount of the bond required above this level
shall be on a basis of ten percent of the amount arrived at by
applying the appropriate formula. [1991 c 109 § 18; 1986
c 178 § 9; 1983 c 305 § 4; 1982 c 194 § 3; 1977 ex.s. c 304
§ 6; 1974 ex.s. c 102 § 5; 1971 ex.s. c 182 § 8; 1963 c 232
§ 5. Prior: 1959 c 139 § 21.]
Severability—1983 c 305: See note following RCW 20.01.010.
Cash or other security in lieu of surety bond: RCW 20.01.570.
20.01.211 Alternative bonding provision for certain
dealers. In lieu of the bonding provision required by RCW
20.01.210, any dealer who buys, agrees to buy, or pays for
the production or increase of any agricultural product by
paying to the consignor at the time of obtaining possession
or control of any agricultural product the full agreed price of
the agricultural product may file a bond in an amount equal
to the dealer’s maximum monthly purchases, divided by
fifteen, but the minimum bond provided by this section shall
be in a minimum of seven thousand five hundred dollars.
Any dealer using the bonding provisions of this section
shall file an affidavit with the director that sets forth the
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
dealer’s maximum monthly purchases from or payments to
consignors. The affidavit shall be filed at the time of application and with each renewal.
Any dealer bonded under this section who is found to
be in violation of this chapter shall be required to comply
with the bonding requirements of RCW 20.01.210 for a
minimum of two years. [1983 c 305 § 5; 1977 ex.s. c 304
§ 16.]
20.01.211
the provisions of this chapter or the rules adopted hereunder.
Any consignor undertaking such an action shall name the
director as a party. [1986 c 178 § 11; 1959 c 139 § 23.]
20.01.212 Livestock dealers bonded under federal
law. If an applicant for a commission merchant’s and/or
dealer’s license is bonded as a livestock dealer or packer
under the provisions of the Packers and Stockyards Act of
1921 (7 U.S.C. 181), as amended, on June 13, 1963, and
acts as a commission merchant, packer, and/or a dealer only
in livestock as defined in said Packers and Stockyards Act
of 1921 (7 U.S.C. 181), the director may accept such bond
in lieu of the bond required in RCW 20.01.210 as good and
sufficient and issue the applicant a license limited solely to
dealing in livestock. A dealer buying and selling livestock
who has furnished a bond as required by the packers and
stockyards administration to cover acting as order buyer as
well as dealer may also act as an order buyer for others
under the provisions of this chapter, and all persons who act
as order buyers of livestock shall license under this chapter
as a livestock dealer: PROVIDED, That the applicant shall
furnish the director with a bond approved by the United
States secretary of agriculture. Such bond shall be in a
minimum amount of ten thousand dollars. It shall be a
violation for the licensee to act as a commission merchant
and/or dealer in any other agricultural commodity without
first having notified the director and furnishing him with a
bond as required under the provisions of RCW 20.01.210,
and failure to furnish the director with such bond shall be
cause for the immediate suspension of the licensee’s license,
and revocation subject to a hearing. [1991 c 109 § 19; 1977
ex.s. c 304 § 7; 1971 ex.s. c 182 § 9; 1963 c 232 § 6.]
20.01.240 Claims against commission merchant,
dealer. (1) Except as provided in subsection (2) of this
section, any consignor who believes he or she has a valid
claim against the bond of a commission merchant or dealer
shall file a claim with the director. Upon the filing of a
claim under this subsection against any commission merchant or dealer handling any agricultural product, the director
may, after investigation, proceed to ascertain the names and
addresses of all consignor creditors of such commission
merchant and dealer, together with the amounts due and
owing to them by such commission merchant and dealer, and
shall request all such consignor creditors to file a verified
statement of their respective claims with the director. Such
request shall be addressed to each known consignor creditor
at his last known address.
(2) Any consignor who believes he or she has a valid
claim against the bond of a commission merchant or dealer
in hay or straw, shall file a claim with the director within
twenty days of the licensee’s default. In the case of a claim
against the bond of a commission merchant or unlimited
dealer in hay or straw, default occurs when the licensee fails
to make payment within thirty days of the date the licensee
took possession of the hay or straw. In the case of a claim
against a limited dealer in hay or straw, default occurs when
the licensee fails to make payment upon taking possession of
the hay or straw. Upon verifying the consignor’s claim
either through investigation or, if necessary, an administrative action, the director shall, within ten working days of the
filing of the claim, make demand for payment of the claim
by the licensee’s surety without regard to any other potentially valid claim. Any subsequent claim will likewise result
in a demand against the licensee’s surety, subject to the
availability of any remaining bond proceeds. [1986 c 178 §
12; 1959 c 139 § 24.]
20.01.214 Appeal from rejected bond claim. Upon
any bond claim being denied by the director the claimant
must appeal such action to the superior court in the county
where this claimant resides in this state or Thurston county,
within sixty days after receipt of written notice of such
rejection or such rejection shall become final and binding
upon the claimant. [1971 ex.s. c 182 § 10; 1963 c 232 § 7.]
20.01.250 Failure of consignor to file claim, time
limitation. If a consignor creditor so addressed fails, refuses
or neglects to file in the office of the director his verified
claim as requested by the director within sixty days from the
date of such request, the director shall thereupon be relieved
of further duty or action hereunder on behalf of said consignor creditor. [1959 c 139 § 25.]
20.01.220 Action on bond for fraud. Any consignor
of an agricultural product claiming to be injured by the fraud
of any commission merchant and/or dealer or their agents
may bring action upon said bond against principal, surety,
and agent in any court of competent jurisdiction to recover
the damages caused by such fraud. Any consignor undertaking such an action shall name the director as a party. [1986
c 178 § 10; 1982 c 194 § 4; 1959 c 139 § 22.]
20.01.260 Director not liable if circumstances
prevent ascertainment of creditors—Demand on bond.
Where by reason of the absence of records, or other circumstances making it impossible or unreasonable for the director
to ascertain the names and addresses of all said consignor
creditors, the director after exerting due diligence and
making reasonable inquiry to secure said information from
all reasonable and available sources, may make demand on
said bond on the basis of information then in his possession,
and thereafter shall not be liable or responsible for claims or
the handling of claims which may subsequently appear or be
discovered. [1959 c 139 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.230 Action on bond for failure to comply with
chapter. The director or any consignor of an agricultural
product may also bring action upon said bond against both
principal and surety in any court of competent jurisdiction to
recover the damages caused by any failure to comply with
(2002 Ed.)
[Title 20 RCW—page 7]
20.01.270
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.270 Demand on bond after claims ascertained—Power of director to settle, compromise. Upon
ascertaining all claims and statements in the manner herein
set forth, the director may then make demand upon the bond
on behalf of those claimants whose statements have been
filed, and shall have the power to settle or compromise said
claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and
discharge of the bond involved. [1959 c 139 § 27.]
20.01.280 Action on bond after refusal to pay—New
bond, failure to file. Upon the refusal of the surety
company to pay the demand the director may thereupon
bring an action on the bond in behalf of said consignor
creditors. Upon any action being commenced on said bond
the director may require the filing of a new bond and immediately upon the recovery in any action on such bond such
commission merchant and/or dealer shall file a new bond
and upon failure to file the same within ten days in either
case such failure shall constitute grounds for the suspension
or revocation of his license. [1959 c 139 § 28.]
20.01.300 Verified complaints of consignor—
Investigations. For the purpose of enforcing the provisions
of this chapter the director is authorized to receive verified
complaints from any consignor against any commission
merchant, dealer, broker, cash buyer, or agent or any person,
assuming or attempting to act as such, and upon receipt of
such verified complaint shall have full authority to make any
and all necessary investigations relative to the said complaint. [1959 c 139 § 30.]
20.01.310 Oaths, testimony, witnesses, subpoenas—
Contempt proceedings—Records as evidence. The
director or his authorized agents are empowered to administer oaths of verification on said complaints. He shall have
full authority to administer oaths and take testimony thereunder, to issue subpoenas in the manner prescribed in RCW
20.01.170 requiring attendance of witnesses before him,
together with all books, memoranda, papers, and other
documents, articles or instruments; to compel the disclosure
by such witnesses of all facts known to them relative to the
matters under investigation, and all parties disobeying the
orders or subpoenas of said director shall be guilty of
contempt and shall be certified to the superior court of the
state for punishment for such contempt. Copies of records,
audits and reports of audits, inspection certificates, certified
reports, findings and all papers on file in the office of the
director shall be prima facie evidence of the matters therein
contained, and may be admitted into evidence in any hearing
provided in this chapter. [1959 c 139 § 31.]
20.01.320 Investigations, examinations, inspections.
The director on his own motion or upon the verified complaint of any interested party may investigate, examine or
inspect (1) any transaction involving solicitation, receipt, sale
or attempted sale of agricultural products by any person or
persons acting or assuming to act as a commission merchant,
dealer, broker, cash buyer, or agent; (2) failure to make
proper and true account of sales and settlement thereof as
required under this chapter and/or rules and regulations
[Title 20 RCW—page 8]
adopted hereunder; (3) the intentional making of false statements as to conditions and quantity of any agricultural
products received or in storage; (4) the intentional making of
false statements as to market conditions; (5) the failure to
make payment for products within the time required by this
chapter; (6) any and all other injurious transactions. In
furtherance of any such investigation, examination, or
inspection, the director or his authorized representative, may
examine that portion of the ledgers, books, accounts,
memoranda and other documents, agricultural products,
scales, measures and other articles and things used in
connection with the business of such person relating to the
transactions involved. For the purpose of such investigation
the director shall at all times have free and unimpeded access to all buildings, yards, warehouses, storage, and
transportation facilities or any other place where agricultural
products are kept, stored, handled or transported. The
director may also, for the purpose of such investigation,
issue subpoenas to compel the attendance of witnesses, as
provided in RCW 20.01.170, and/or the production of books
or documents, anywhere in the state. [1959 c 139 § 32.]
20.01.330 Denial, revocation, suspension, or condition of licenses, probationary orders—Grounds. The
director may refuse to grant a license or renew a license and
may revoke or suspend a license or issue a conditional or
probationary order if he is satisfied after a hearing, as herein
provided, of the existence of any of the following facts,
which are hereby declared to be a violation of this chapter:
(1) That fraudulent charges or returns have been made
by the applicant, or licensee, for the handling, sale or storage
of, or for rendering of any service in connection with the
handling, sale or storage of any agricultural product.
(2) That the applicant, or licensee, has failed or refused
to render a true account of sales, or to make a settlement
thereon, or to pay for agricultural products received, within
the time and in the manner required by this chapter.
(3) That the applicant, or licensee, has made any false
statement as to the condition, quality or quantity of agricultural products received, handled, sold or stored by him.
(4) That the applicant, or licensee, directly or indirectly
has purchased for his own account agricultural products
received by him upon consignment without prior authority
from the consignor together with the price fixed by consignor or without promptly notifying the consignor of such purchase. This shall not prevent any commission merchant
from taking to account of sales, in order to close the day’s
business, miscellaneous lots or parcels of agricultural
products remaining unsold, if such commission merchant
shall forthwith enter such transaction on his account of sales.
(5) That the applicant, or licensee, has intentionally
made any false or misleading statement as to the conditions
of the market for any agricultural products.
(6) That the applicant, or licensee, has made fictitious
sales or has been guilty of collusion to defraud the consignor.
(7) That a commission merchant to whom any consignment is made has reconsigned such consignment to another
commission merchant and has received, collected, or charged
by such means more than one commission for making the
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
sale thereof, for the consignor, unless by written consent of
such consignor.
(8) That the licensee was guilty of fraud or deception in
the procurement of such license.
(9) That the licensee or applicant has failed or refused
to file with the director a schedule of his charges for services
in connection with agricultural products handled on account
of or as an agent of another, or that the applicant, or
licensee, has indulged in any unfair practice.
(10) That the licensee has rejected, without reasonable
cause, or has failed or refused to accept, without reasonable
cause, any agricultural product bought or contracted to be
bought from a consignor by such licensee; or failed or
refused, without reasonable cause, to furnish or provide
boxes or other containers, or hauling, harvesting, or any
other service contracted to be done by licensee in connection
with the acceptance, harvesting, or other handling of said
agricultural products bought or handled or contracted to be
bought or handled; or has used any other device to avoid
acceptance or unreasonably to defer acceptance of agricultural products bought or handled or contracted to be bought or
handled.
(11) That the licensee has otherwise violated any
provision of this chapter and/or rules and regulations adopted
hereunder.
(12) That the licensee has knowingly employed an
agent, as defined in this chapter, without causing said agent
to comply with the licensing requirements of this chapter
applicable to agents.
(13) That the applicant or licensee has, in the handling
of any agricultural products, been guilty of fraud, deceit, or
negligence.
(14) That the licensee has failed or refused, upon
demand, to permit the director or his agents to make the
investigations, examination or audits, as provided in this
chapter, or that the licensee has removed or sequestered any
books, records, or papers necessary to any such investigations, examination, or audits, or has otherwise obstructed the
same.
(15) That the licensee, without reasonable cause, has
failed or refused to execute or carry out a lawful contract
with a consignor.
(16) That the licensee has failed or refused to keep and
maintain the records as required by this chapter and/or rules
and regulations adopted hereunder.
(17) That the licensee has attempted payment by a
check the licensee knows not to be backed by sufficient
funds to cover such check.
(18) That the licensee has been guilty of fraud or
deception in his dealings with purchasers including misrepresentation of goods as to grade, quality, weights, quantity, or
any other essential fact in connection therewith.
(19) That the licensee has permitted a person to in fact
operate his own separate business under cover of the
licensee’s license and bond.
(20) That a commission merchant or dealer has failed to
furnish additional bond coverage within fifteen days of when
it was requested in writing by the director.
(21) That the licensee has discriminated in the licensee’s
dealings with consignors on the basis of race, creed, color,
national origin, sex, or the presence of any sensory, mental,
or physical handicap. [1989 c 354 § 40; 1982 c 20 § 1;
(2002 Ed.)
20.01.330
1981 c 296 § 32; 1977 ex.s. c 304 § 8; 1971 ex.s. c 182 §
11; 1959 c 139 § 33.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.340 Denial, revocation, suspension of licenses,
probationary orders—Previous violations as grounds.
Previous violation by the applicant or licensee, or by any
person connected with him, of any of the provisions of this
chapter and/or rules and regulations adopted hereunder, shall
be good and sufficient ground for denial, suspension or
revocation of a license, or the issuance of a conditional or
probationary order. [1959 c 139 § 34.]
20.01.350 Denial, revocation, suspension of licenses,
probationary orders—Hearing, investigation—Findings
required—Notices. The director, after hearing or investigation, may refuse to grant a license or renewal thereof and
may revoke or suspend any license or issue a conditional or
probationary order, as the case may require, when he is
satisfied that the licensee has executory or executed contracts
for the purchase of agricultural products, or for the handling
of agricultural products on consignment.
In such cases, if the director is satisfied that to permit
the dealer or commission merchant to continue to purchase
or to receive further shipments or deliveries of agricultural
products would be likely to cause serious and irreparable
loss to said consignor-creditors, or to consignors with whom
the said dealer or commission merchant has said contracts,
then the director within his discretion may thereupon and
forthwith shorten the time herein provided for hearing upon
an order to show cause why the license of said dealer or
commission merchant should not be forthwith suspended, or
revoked: PROVIDED, That the time of notice of said
hearing, shall in no event be less than twenty-four hours, and
the director shall, within that period, call a hearing at which
the dealer or commission merchant proceeded against shall
be ordered to show cause why the license should not be
suspended, or revoked, or continued under such conditions
and provisions, if any, as the director may consider just and
proper and for the protection of the best interests of the
producer-creditors involved. Said hearing, in the case of
such emergency, may be called upon written notice, said
notice to be served personally or by mail on the dealer or
commission merchant involved, and may be held at the
nearest office of the director or at such place as may be
most convenient at the discretion of the director, for the
attendance of all parties involved. [1959 c 139 § 35.]
20.01.360 Order of revocation, suspension. Any
order revoking or suspending a license may, within the
discretion of the director, be made conditional upon the
settlement, adjustment or satisfaction of the consequence of
the violation or violations as specified, and the operation of
such an order may be deferred for such purpose. Any such
order may contain provisions for modification or dismissal
thereof upon presentation to the director of evidence that the
matter of complaint has been settled, adjusted or withdrawn
at any time before such order becomes final. [1959 c 139 §
36.]
[Title 20 RCW—page 9]
20.01.370
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.370 Commission merchants—Recordkeeping.
Every commission merchant taking control of any agricultural products for sale as such commission merchant, shall
promptly make and keep for a period of three years, beginning on the day the sale of the product is complete, a correct
record showing in detail the following with reference to the
handling, sale, or storage of such agricultural products:
(1) The name and address of the consignor.
(2) The date received.
(3) The quality and quantity delivered by the consignor,
and where applicable the dockage, tare, grade, size, net
weight, or quantity.
(4) An accounting of all sales, including dates, terms of
sales, quality and quantity of agricultural products sold, and
proof of payments received on behalf of the consignor.
(5) The terms of payment to the producer.
(6) An itemized statement of the charges to be paid by
consignor in connection with the sale.
(7) The names and addresses of all purchasers if said
commission merchant has any financial interest in the
business of said purchasers, or if said purchasers have any
financial interest in the business of said commission merchant, directly or indirectly, as holder of the other’s corporate stock, as copartner, as lender or borrower of money to
or from the other, or otherwise. Such interest shall be noted
in said records following the name of any such purchaser.
(8) A lot number or other identifying mark for each
consignment, which number or mark shall appear on all sales
tags and other essential records needed to show what the
agricultural products actually sold for.
(9) Any claim or claims which have been or may be
filed by the commission merchant against any person for
overcharges or for damages resulting from the injury or
deterioration of such agricultural products by the act, neglect
or failure of such person and such records shall be open to
the inspection of the director and the consignor of agricultural products for whom such claim or claims are made.
Before a commission merchant may handle an agricultural product in a pooling arrangement or accounting, the
consignor must have agreed in writing to allow the pooling.
Where a pooling arrangement is agreed to in writing
between the consignor and commission merchant, the
reporting requirements of subsections (4), (5), (6), and (8) of
this section shall apply to the pool rather than to the individual consignor or consignment and the records of the pool
shall be available for inspection by any consignor to that
pool.
For individual accounting, the commission merchant
shall transmit a copy of the record required by this section
to the consignor on the same day the final remittance is
made to the consignor as required by RCW 20.01.430. For
a consignor who is participating in a pooling arrangement,
the commission merchant shall, on the same day final
remittance and accounting are made to the consignor as required by RCW 20.01.430, transmit to the consignor a
summary of the records which are available for inspection by
any consignor to that pool. [1991 c 109 § 20; 1989 c 354 §
41; 1988 c 254 § 18; 1979 ex.s. c 115 § 5; 1977 ex.s. c 304
§ 9; 1974 ex.s. c 102 § 6; 1963 c 232 § 3; 1959 c 139 § 37.]
Severability—1989 c 354: See note following RCW 15.36.012.
[Title 20 RCW—page 10]
20.01.380 Dealers, cash buyers, livestock dealers—
Recordkeeping. Every dealer or cash buyer purchasing any
agricultural products from the consignor thereof shall
promptly make and keep for three years a correct record
showing in detail the following:
(1) The name and address of the consignor.
(2) The date received.
(3) The terms of the sale.
(4) The quality and quantity delivered by the consignor,
and where applicable the dockage, tare, grade, size, net
weight, or quantity.
(5) An itemized statement of any charges paid by the
dealer or cash buyer for the account of the consignor.
(6) The name and address of the purchaser: PROVIDED, That the name and address of the purchaser may be
deleted from the record furnished to the consignor.
A copy of such record containing the above matters
shall be forwarded to the consignor forthwith.
Livestock dealers must also maintain individual animal
identification and disposition records as may be required by
law, or regulation adopted by the director. [1991 c 109 §
21; 1989 c 354 § 42; 1988 c 254 § 17; 1981 c 296 § 33;
1963 c 232 § 4; 1959 c 139 § 38.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 296: See note following RCW 15.08.010.
20.01.385 Failure to comply—Construction of
transaction. Whenever a commission merchant or dealer
handling any agricultural products fails to carry out the
provisions of RCW 20.01.370 as now or hereafter amended
or RCW 20.01.380, whichever is applicable, it shall be prima
facie evidence that the transaction involving the handling of
any agricultural products between the consignor and the
commission merchant or dealer was either a commission
type transaction, or dealer transaction constituting an outright
sale by the consignor, whichever is most favorable to the
consignor. Such determination in favor of the consignor
shall be based on the market price of the agricultural product
in question at the time the complaint is filed against said
commission merchant or dealer by the consignor: PROVIDED, That if the return to the consignor is determined most
favorably on a commission basis, the total commission shall
not exceed ten percent, and all other charges for handling the
agricultural product in question shall be figured on the basis
of the actual cost of said handling. [1977 ex.s. c 304 § 10;
1974 ex.s. c 102 § 7; 1967 c 240 § 42.]
20.01.390 When dealer must pay for products
delivered to him. (1) Every dealer must pay for agricultural
products, except livestock, delivered to him at the time and
in the manner specified in the contract with the producer, but
if no time is set by such contract, or at the time of said
delivery, then within thirty days from the delivery or taking
possession of such agricultural products.
(2) Every dealer must pay for livestock delivered to him
at the time and in the manner specified in the contract, but
if no time is set by such contract, or at the time of said
delivery, then within seven days from the delivery or taking
possession of such livestock. Where payment for livestock
is made by mail, payment is timely if mailed within seven
days of the date of sale. [1982 c 20 § 2; 1959 c 139 § 39.]
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
20.01.400
20.01.400 Broker’s memorandum of sale. Every
broker, upon negotiating the sale of agricultural products,
shall issue to both buyer and seller a written memorandum
of sale, showing price, date of delivery, quality, and other
details concerned in the transaction. A copy of this memorandum shall be retained by the broker for a period of one
year. [1959 c 139 § 40.]
quality, grade, pack, quantity, or weight of such lot, shipment or consignment. Such certificate shall be prima facie
evidence in all courts of this state as to the recitals thereof.
The burden of proof shall be upon the commission merchant
to prove the correctness of his accounting as to any transaction which may be questioned. [1991 c 109 § 23; 1959 c
139 § 44.]
20.01.410 Manifest of cargo. A copy of a manifest
of cargo, on a form prescribed by the director, shall be
carried on any vehicle transporting agricultural products
purchased by a dealer or cash buyer, or consigned to a
commission merchant from the consignor thereof when
prescribed by the director. The commission merchant, dealer
or cash buyer shall issue a copy of such manifest to the
consignor of such agricultural products and the original shall
be retained by the licensee for a period of one year during
which time it shall be surrendered upon request to the director. Such manifest of cargo shall be valid only when signed
by the licensee or his agent and the consignor of such
agricultural products. [1971 ex.s. c 182 § 12; 1959 c 139 §
41.]
20.01.450 Claims against seller by dealer, cash
buyer—Credit to dealer, cash buyer against consignor—
Certificate of proof. No claim may be made as against the
seller of agricultural products by a dealer or cash buyer
under this chapter, and no credit may be allowed to such
dealer or cash buyer as against a consignor of agricultural
products by reason of damage to, or loss, dumping, or
disposal of agricultural products sold to said dealer or cash
buyer, in any payment, accounting or settlement made by
said dealer or cash buyer to said consignor, unless said
dealer or cash buyer has secured and is in possession of a
certificate, issued by an agricultural inspector, county health
officer, director, a duly authorized officer of the state
department of social and health services, or by some other
official now or hereafter authorized by law, to the effect that
the agricultural products involved have been damaged,
dumped, destroyed or otherwise disposed of as unfit for the
purpose intended. Such certificate will not be valid as proof
of proper claim, credit or offset unless issued within twentyfour hours, or a reasonable time as prescribed by the
director, of the receipt by the dealer or cash buyer of the
agricultural products involved. [1979 c 141 § 33; 1959 c
139 § 45.]
20.01.420 Commission merchant’s report of sale to
consignor. When requested by a consignor, a commission
merchant shall promptly make available to the consignor or
to the director all records of the ongoing sales of the
consignor’s agricultural products showing the amount sold,
the selling price, and any other information required under
RCW 20.01.370. [1991 c 109 § 22; 1959 c 139 § 42.]
20.01.430 Commission merchant’s remittance to
consignor. Every commission merchant shall remit to the
consignor of any agricultural product the full price for which
such agricultural product was sold within thirty days of the
date of sale, or in the case of livestock within seven days of
the date of sale unless otherwise mutually agreed between
grower and commission merchant. The remittance to the
consignor shall include all collections, overcharges, and damages, less the agreed commission and other charges and
advances, and a complete account of the sale. Where
payment for livestock is made by mail, payment is timely if
mailed within seven days of the date of sale unless otherwise
specified in an agreement between the producer and the
dealer in livestock. [1982 c 20 § 3; 1977 ex.s. c 304 § 11;
1974 ex.s. c 102 § 9; 1959 c 139 § 43.]
20.01.440 Commission merchant’s copy of records
to be retained—Inspection—Department’s certificate of
condition, quality, etc. Every commission merchant shall
retain a copy of all records covering each transaction for a
period of three years from the date thereof, which copy shall
at all times be available for, and open to, the confidential
inspection of the director and the consignor, or authorized
representative of either. In the event of any dispute or
disagreement between a consignor and a commission
merchant arising at the time of delivery as to condition,
quality, grade, pack, quantity, or weight of any lot, shipment
or consignment of agricultural products, the department shall
furnish, upon the payment of a reasonable fee therefor by the
requesting party, a certificate establishing the condition,
(2002 Ed.)
20.01.460 Prohibited acts—Penalties. (1) Any
person who violates the provisions of this chapter or fails to
comply with the rules adopted under this chapter is guilty of
a gross misdemeanor, except as provided in subsections (2)
and (3) of this section.
(2) Any commission merchant, dealer, or cash buyer, or
any person assuming or attempting to act as a commission
merchant, dealer, or cash buyer without a license is guilty of
a class C felony who:
(a) Imposes false charges for handling or services in
connection with agricultural products.
(b) Makes fictitious sales or is guilty of collusion to
defraud the consignor.
(c) Intentionally makes false statement or statements as
to the grade, conditions, markings, quality, or quantity of
goods shipped or packed in any manner.
(d) With the intent to defraud the consignor, fails to
comply with the requirements set forth under RCW
20.01.010(10), 20.01.390 or 20.01.430.
(3) Any person who violates the provisions of RCW
20.01.040, 20.01.080, 20.01.120, 20.01.125, 20.01.410 or
20.01.610 has committed a civil infraction. [1989 c 354 §
43; 1988 c 254 § 19; 1986 c 178 § 13; 1982 c 20 § 4; 1959
c 139 § 46.]
Severability—1989 c 354: See note following RCW 15.36.012.
20.01.465 Time of sale requirement—Unlawful. In
the preparation and use of written contracts, it is unlawful
for a commission merchant to include in such contracts a
[Title 20 RCW—page 11]
20.01.465
Title 20 RCW: Commission Merchants—Agricultural Products
requirement that a consignor give up all involvement in
determining the time the consignor’s agricultural products
will be sold. This provision does not apply to agricultural
products consigned to a commission merchant under a
written pooling agreement. [1991 c 109 § 24.]
20.01.470 Action to enjoin violation of chapter. The
director may bring an action to enjoin the violation or the
threatened violation of any provision of this chapter or of
any order made pursuant to this chapter in the superior court
in the county in which such violation occurs or is about to
occur. [1959 c 139 § 47.]
20.01.475 Licensee under chapter—Prima facie
evidence acting as licensee handling agricultural products. It shall be prima facie evidence that a licensee
licensed under the provisions of *this 1971 amendatory act
is acting as such in the handling of any agricultural product.
[1971 ex.s. c 182 § 13; 1967 c 240 § 43.]
*Reviser’s note: The term "this 1971 amendatory act" [1971 ex.s. c
182] refers to the 1971 amendments to RCW 20.01.010, 20.01.030,
20.01.040, 20.01.060, 20.01.080, 20.01.125, 20.01.130, 20.01.210,
20.01.212, 20.01.214, 20.01.330, 20.01.410, 20.01.475, and the enactment
of RCW 20.01.480, 20.01.500 through 20.01.560.
20.01.480 Violations resulting in improper or
nonpayment—Charges. When a violation has occurred
which results in improper payment or nonpayment and a
claim is made to the department and the payment is secured
through the actions of the department, the charges made to
the consignor for the action of the department in the matter
will depend upon the delay of reporting after such improper
payment or nonpayment would normally become obvious to
the consignor as follows:
(1) When reported within thirty days, no charge.
(2) When reported thirty days to one hundred eighty
days, five percent.
(3) When reported after one hundred eighty days, ten
percent. [1977 ex.s. c 304 § 13; 1971 ex.s. c 182 § 14.]
20.01.482 Civil infractions—Notice—Promise to
appear or respond—Misdemeanors. The director shall
have the authority to issue a notice of civil infraction if an
infraction is committed in his or her presence or, if after
investigation, the director has reasonable cause to believe an
infraction has been committed. It shall be a misdemeanor
for any person to refuse to properly identify himself or
herself for the purpose of issuance of a notice of infraction
or to refuse to sign the written promise to appear or respond
to a notice of infraction. Any person wilfully violating a
written and signed promise to respond to a notice of infraction shall be guilty of a misdemeanor regardless of the
disposition of the notice of infraction. [1986 c 178 § 1.]
20.01.484 Civil infractions—Response to notice. (1)
Any person who receives a notice of infraction shall respond
to such notice as provided in this section within fifteen days
of the date of the notice.
(2) Any employee or agent of a licensee under this
chapter is fully authorized to accept a notice of infraction on
behalf of the licensee. The director shall also furnish a copy
[Title 20 RCW—page 12]
of the notice of infraction to the licensee by certified mail
within five days of issuance.
(3) If the person determined to have committed the
infraction does not contest the determination, that person
shall respond by completing the appropriate portion of the
notice of infraction and submitting it, either by mail or in
person, to the court specified on the notice. A check or
money order in the amount of the penalty prescribed for the
infraction must be submitted with the response. When a
response, which does not contest the determination, is
received, an appropriate order shall be entered into the courts
record and a record of the response shall be furnished to the
director.
(4) If a person determined to have committed the
infraction wishes to contest the determination, that person
shall respond by completing the portion of the notice of the
infraction requesting a hearing and submitted either by mail
or in person to the court specified in the notice. The court
shall notify the person in writing of the time, place, and the
date of the hearing which shall not be sooner than fifteen
days from the date of the notice, except by agreement.
(5) If the person determined to have committed the
infraction does not contest the determination, but wishes to
explain mitigating circumstances surrounding the infraction,
the person shall respond by completing the portion of the
notice of infraction requesting a hearing for that purpose and
submitting it either by mail or in person to the court specified in the notice. The court shall notify the person in
writing of the time, place and date of the hearing.
(6) If a person issued a notice of infraction fails to
respond to the notice of infraction or fails to appear at the
hearing requested pursuant to this section, the court shall
enter an appropriate order in assessing the monetary penalty
prescribed in the schedule of penalties submitted to the court
by the director and shall notify the director of the failure to
respond to the notice of infraction or to appear at a requested
hearing. [1986 c 178 § 2.]
20.01.486 Civil infractions—Hearing to contest
charge—Order—Appeal. A hearing held for the purpose
of contesting the determination that an infraction has been
committed shall be held without jury. The court may
consider the notice of infraction and any other written report
submitted by the director. The person named in the notice
may subpoena witnesses and has the right to present evidence and examine witnesses present in court. The burden
of proof is upon the state to establish the commission of the
infraction by preponderance of evidence.
After consideration of the evidence and argument, the
court shall determine whether the infraction was committed.
Where it is not established that the infraction was committed,
an order dismissing the notice shall be entered in the court’s
record. When it is established that the infraction was
committed, an appropriate order shall be entered in the
court’s record, a copy of which shall be furnished to the
director. Appeal from the court’s determination or order
shall be to the superior court and must be appealed within
ten days. The decision of the superior court is subject only
to discretionary review pursuant to Rule 2.3 of the rules of
appellate procedure. [1986 c 178 § 3.]
(2002 Ed.)
Agricultural Products—Commission Merchants, Dealers, Brokers, Buyers, Agents
20.01.488 Civil infractions—Informal hearing on
mitigating circumstances—Order—No appeal. A hearing
held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an
infraction shall be an informal proceeding. The person
named in the notice may not subpoena witnesses. The determination that the infraction has been committed may not be
contested at a hearing held for the purpose of explaining
circumstances. After the court has heard the explanation of
the circumstances surrounding the commission of the
infraction, an appropriate order shall be entered in the
court’s record. A copy of the order shall be furnished to the
director. There may be no appeal from the court’s determination or order. [1986 c 178 § 4.]
20.01.490 Civil infractions—Monetary penalty—
Failure to pay, misdemeanor. Any person found to have
committed a civil infraction under this chapter shall be assessed a monetary penalty. No monetary penalty so assessed
may exceed one thousand dollars. The director shall adopt
a schedule of monetary penalties for each violation of this
chapter classified as a civil infraction and shall submit the
schedule to the proper courts. Whenever a monetary penalty
is imposed by the court, the penalty is immediately due and
payable. The court may, at its discretion, grant an extension
of time, not to exceed thirty days, in which the penalty must
be paid. Failure to pay any monetary penalties imposed
under this chapter shall be punishable as a misdemeanor.
[1986 c 178 § 5.]
20.01.500 "Grower," "processor" defined—
Application of exemption contained in RCW 20.01.030(1).
Notwithstanding any other provision of law, for the purposes
of RCW 20.01.510 through 20.01.550 the term "grower" and
the term "processor" shall have the meanings ascribed
thereto by this section:
(1) "Grower" means any person, firm, company, or
other organization that is engaged in the production of
agricultural crops which must be planted, cultivated, and
harvested within a twelve month period.
(2)(a) "Processor" means any person, firm, company, or
other organization that purchases agricultural crops from a
grower and who cans, freezes, dries, dehydrates, cooks,
presses, powders, or otherwise processes such crops in any
manner whatsoever for eventual resale.
(b) The exemption provided for in RCW 20.01.030(1)
shall not apply to a cooperative or association as defined
therein, which acts as a processor defined herein, and markets such agricultural crops on behalf of the grower or on its
own behalf. [1977 ex.s. c 304 § 14; 1971 ex.s. c 182 § 15.]
20.01.510 Processor’s form showing maximum
processing capacity. In order to carry out the purposes of
*this 1971 amendatory act, the director may require a
processor to annually complete a form prescribed by the
director, which, when completed, will show the maximum
processing capacity of each plant operated by the processor
in the state of Washington. Such completed form shall be
returned to the director by a date prescribed by him. [1971
ex.s. c 182 § 16.]
(2002 Ed.)
20.01.488
*Reviser’s note: For "this 1971 amendatory act," see note following
RCW 20.01.475.
20.01.520 Processor to have grower contracts and
commitments on file. By a date or dates prescribed prior
to planting time by the director, the director, in order to
carry out the purposes of *this 1971 amendatory act, may
require a processor to have filed with him:
(1) A copy of each contract he has entered into with a
grower for the purchase of acres of crops and/or quantity of
crops to be harvested during the present or next growing
season; and
(2) A notice of each oral commitment he has given to
growers for the purchase of acres of crops and/or quantity of
crops to be harvested during the present or next growing
season, and such notice shall disclose the amount of acres
and/or quantity to which the processor has committed
himself. [1971 ex.s. c 182 § 17.]
*Reviser’s note: For "this 1971 amendatory act," see note following
RCW 20.01.475.
20.01.530 Grower may file form showing crops
processor is committed to purchase. Any grower may file
with the director on a form prescribed by him the acres of
crops and/or quantity of crops to be harvested during the
present or next growing season, which he understands a
processor has orally committed himself to purchase. [1971
ex.s. c 182 § 18.]
20.01.540 Committing to purchase more crops than
plants can process—Violation. Any processor who, from
the information filed with the director, appears to or has
committed himself either orally or in writing to purchase
more crops than his plants are capable of processing shall be
in violation of this chapter and his dealer’s license subject to
denial, suspension, or revocation as provided for in RCW
20.01.330. [1971 ex.s. c 182 § 19.]
20.01.550 Discrimination by processor. Any
processor who discriminates between growers with whom he
contracts as to price, conditions for production, harvesting,
and delivery of crops which is not supportable by economic
cost factors shall be in violation of this chapter and the
director may subsequent to a hearing deny, suspend, or
revoke such processor’s license to act as a dealer. [1977
ex.s. c 304 § 15; 1971 ex.s. c 182 § 20.]
20.01.560 Effective date of RCW 20.01.500 through
20.01.550. RCW 20.01.500 through 20.01.550 shall take
effect beginning on September 1, 1972. [1971 ex.s. c 182 §
21.]
20.01.570 Cash or other security in lieu of surety
bond. In lieu of the surety bond required under the provisions of this chapter, an applicant or licensee may file with
the director a deposit consisting of cash or other security
acceptable to the director. The director may adopt rules and
regulations necessary for the administration of such security.
[1973 c 142 § 2.]
[Title 20 RCW—page 13]
20.01.610
Title 20 RCW: Commission Merchants—Agricultural Products
20.01.610 Authority to stop vehicle violating
chapter—Failure to stop, civil infraction. The director or
his appointed officers may stop a vehicle transporting hay or
straw upon the public roads of this state if there is reasonable cause to believe the carrier, seller, or buyer may be in
violation of this chapter. Any operator of a vehicle failing
or refusing to stop when directed to do so has committed a
civil infraction. [1986 c 178 § 14; 1983 c 305 § 8.]
Severability—1983 c 305: See note following RCW 20.01.010.
20.01.900 Chapter cumulative and nonexclusive.
The provisions of this chapter shall be cumulative and
nonexclusive and shall not affect any other remedy. [1959
c 139 § 48.]
20.01.910 Severability—1959 c 139. If any section
or provision of this chapter shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole, or any section, provision
or part thereof, not adjudged invalid or unconstitutional.
[1959 c 139 § 49.]
20.01.911
15.61.900.
Severability—1963 c 232. See RCW
20.01.912 Severability—1967 c 240. See note
following RCW 43.23.010.
20.01.913 Severability—1979 ex.s. c 115. If any
provision of this 1979 act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 115 § 7.]
20.01.920 Effective date—1959 c 139. The effective
date of this chapter shall be January 1, 1960. [1959 c 139
§ 50.]
20.01.930 Repealer. Chapter 14, Laws of 1955 as
amended by section 4, chapter 262, Laws of 1955, section 3,
chapter 262, Laws of 1955, sections 1 and 2, chapter 262,
Laws of 1955 and RCW 20.04.010 through 20.04.120,
20.08.010 through 20.08.110, 20.12.020 through 20.12.040,
20.16.010 through 20.16.040, 20.20.010 through 20.20.060,
20.24.010 through 20.24.070 and 20.98.010 through
20.98.060 are hereby repealed. [1959 c 139 § 51.]
20.01.940 Repealer—Savings—1979 ex.s. c 115.
Section 10, chapter 102, Laws of 1974 ex. sess., section 12,
chapter 304, Laws of 1977 ex. sess. and RCW 20.01.445 are
each repealed.
Such repeals shall not be construed as affecting any
existing right acquired under the statutes repealed, nor as
affecting any proceeding instituted thereunder, nor any rule,
regulation, or order promulgated thereunder, nor any administrative action taken thereunder. [1979 ex.s. c 115 § 6.]
[Title 20 RCW—page 14]
(2002 Ed.)
Title 21
SECURITIES AND INVESTMENTS
Chapters
21.20
Securities act of Washington.
21.30
Commodity transactions.
21.35
Uniform transfer on death security registration act.
Department of financial institutions: Chapter 43.320 RCW.
The Washington Principal and Income Act of 2002: Chapter 11.104A
RCW.
Chapter 21.20
SECURITIES ACT OF WASHINGTON
Sections
21.20.190
21.20.200
REGISTRATION BY QUALIFICATION
21.20.210
21.20.220
21.20.230
21.20.240
21.20.250
21.20.260
FRAUDULENT AND OTHER PROHIBITED PRACTICES
21.20.270
21.20.275
21.20.010
21.20.020
21.20.030
21.20.035
Definitions.
Unlawful
Unlawful
Unlawful
Unlawful
offers, sales, purchases.
acts of person advising another.
acts of investment adviser.
purchases or sales for customer’s account.
21.20.280
21.20.290
Variable contracts—Registration required—Rules.
21.20.300
REGISTRATION AND NOTICE FOR BROKER-DEALERS,
SALESPERSONS, INVESTMENT ADVISERS,
AND INVESTMENT ADVISER SALESPERSONS
21.20.040
21.20.050
21.20.060
21.20.070
21.20.080
21.20.090
21.20.100
21.20.110
21.20.120
21.20.130
21.20.135
Registration and notification required—Exemptions.
Application for registration—Filing of documents—Consent
to service of process—Fee.
Contents of application for registration—Capital requirements.
When registration effective—Requirements determined by
rule.
Duration of registration—Association with issuer, brokerdealer, federal covered adviser, or investment adviser—
Notice to director—Extension of licensing period.
Renewal of registration—Financial reports—Application for
a successor.
Accounts, correspondence, memoranda, papers, books, and
other records—Release of information—Correction of
filed document—Examination.
Director may deny, suspend, revoke, restrict, condition, or
limit any application or registration—Director may
censure or fine registrant—Grounds—Procedures.
Denial, suspension, revocation of registration—Order—
Request for, notice of hearing—Findings and conclusions.
Cancellation of registration or application—Grounds.
License as salesperson or broker-dealer prerequisite to suit
for commission.
REGISTRATION OF SECURITIES
21.20.140
21.20.180
(2002 Ed.)
Registration by coordination—Requirements—Statement,
contents.
Stop orders—Grounds.
Stop order prohibited if facts known on effective date of
statement.
Notification of entry of stop order—Hearing—Findings,
conclusions, modification, etc.
EXEMPT SECURITIES
21.20.310
Securities exempt from registration.
EXEMPT TRANSACTIONS
21.20.320
Exempt transactions.
EXEMPT SECURITIES AND TRANSACTIONS
21.20.325
Denial, revocation, condition, of exemptions—Authority—
Procedure.
21.20.327
Required filings—Consent to service—Failure to comply—
Rules—Fees.
21.20.330
Consent to service of process—Service, how made.
21.20.340
Fees—Disposition.
21.20.350
False or misleading statements in filed documents.
FEDERAL COVERED SECURITY
CONSENT TO SERVICE OF PROCESS
FEES
MISLEADING FILINGS
UNLAWFUL REPRESENTATIONS CONCERNING REGISTRATION
OR EXEMPTION
21.20.360
Unlawful to offer or sell unregistered securities—
Exceptions.
REGISTRATION BY COORDINATION
Registration statements—Generally.
Registration by qualification or coordination—Escrow—
Impounding proceeds.
Registration by coordination or qualification—Offer and
sale—Duration of effectiveness.
Reports by filer of statement—Annual financial statements.
Pending registration—Notice of termination—Application
for continuation.
DENIAL, SUSPENSION AND REVOCATION
OF REGISTRATION OF SECURITIES
VARIABLE CONTRACTS
21.20.037
Registration by qualification—Statements—Requirements—
Audits.
Information not required when nonissuer distribution.
Time of taking effect of registration statement by qualification—Conditions.
GENERAL PROVISIONS REGARDING REGISTRATION
OF SECURITIES
DEFINITIONS
21.20.005
Time of taking effect of registration statement by coordination—Conditions—"Price amendment", notification.
Failure to notify of price amendment, proof of compliance—
Stop order—Waiver of certain conditions.
Filing, registration, statement, exemption not conclusive as
to truth or completeness—Unlawful representations.
INVESTIGATIONS AND SUBPOENAS
21.20.370
Investigations—Statement of facts relating to investigation
may be permitted—Publication of information—Use of
criminal history record information.
[Title 21 RCW—page 1]
Chapter 21.20
21.20.380
Title 21 RCW: Securities and Investments
Oaths—Subpoenas—Assisting another state—Compelling
obedience—Punishment.
INJUNCTIONS AND OTHER REMEDIES
21.20.390
21.20.395
Injunction, cease and desist order, restraining order, mandamus—Appointment of receiver or conservator for insolvent—Restitution or damages.
Administrative action—Hearing—Judicial review—
Judgment.
CRIMINAL LIABILITIES
21.20.400
21.20.410
21.20.420
Penalty for violation of chapter—Limitation of actions.
Attorney general, prosecuting attorney may institute criminal
proceeding—Referral of evidence by director.
Criminal punishment, chapter not exclusive.
CIVIL LIABILITIES
21.20.430
Civil liabilities—Survival, limitation of actions—Waiver of
chapter void—Scienter.
21.20.435
Assurance of discontinuance of violations—Acceptance—
Filing.
21.20.440
Judicial review of order—Modification of order by director
on additional evidence.
DISCONTINUANCE OF VIOLATIONS
21.20.732
21.20.734
21.20.740
21.20.745
21.20.750
21.20.800
21.20.805
21.20.810
21.20.815
21.20.820
21.20.825
21.20.830
21.20.835
21.20.840
21.20.845
21.20.850
21.20.855
JUDICIAL REVIEW OF ORDERS
STATUTORY POLICY
21.20.900
ADMINISTRATION OF CHAPTER
21.20.450
21.20.460
21.20.470
21.20.480
21.20.490
21.20.500
21.20.510
21.20.520
21.20.530
Administration of chapter—Rules and forms, publication—
Cooperation with other state and federal authorities.
Administrator of securities—Appointment, qualifications,
term, etc.
Compensation, travel expenses of administrator and employees.
Unlawful use or disclosure of filed information.
No liability under chapter for act in good faith.
Administrative hearings public—Exception.
Document filed when received—Register—Inspection of
register, information, etc.
Copies of entries, documents to be furnished—Copies as
prima facie evidence.
Interpretative opinions by director.
PROOF OF EXEMPTION
21.20.540
Exemptions, exceptions, and preemptions—Burden of proof.
ADVISORY COMMITTEE
21.20.550
21.20.560
21.20.570
21.20.580
21.20.590
State advisory
fications.
State advisory
Meetings.
State advisory
State advisory
State advisory
es.
committee—Composition, appointment, qualicommittee—Chairperson, secretary—
committee—Terms—Vacancies.
committee—Duties.
committee—Reimbursement of travel expens-
ADDITIONAL PROVISIONS
21.20.700
21.20.702
21.20.705
21.20.710
21.20.715
21.20.717
21.20.720
21.20.725
21.20.727
21.20.730
Investigations and examinations—Additional authority—
Scope.
Suitability of recommendation—Reasonable grounds required.
Debenture companies—Definitions.
Debenture companies—Capital requirements.
Debenture companies—Maturity date requirements.
Debenture companies—Controlling person—Exceptions.
Debenture companies—Prohibited activities by directors,
officers, or controlling persons.
Debenture companies—Debentures payable on demand—
Interest—Certificates of debenture.
Debenture companies—Acquisition of control—
Requirements—Violation—Penalty.
Debenture companies—Acquisition of control—Grounds for
disapproval.
[Title 21 RCW—page 2]
Debenture companies—Notice of charges—Hearing—Cease
and desist orders.
Debenture companies—Temporary cease and desist orders.
Reports—Requirements.
Reports—Violations of reporting requirements—Penalties—
Contribution.
Reports—Suspension of sale of securities until reporting
requirements complied with.
Severability—1973 1st ex.s. c 171.
Effective date—Construction—1973 1st ex.s. c 171.
Application of chapter not limited.
Debenture companies—Equity investments.
Debenture companies—Loans to any one borrower—
Limitations.
Debenture companies—Bad debts.
Debenture companies—Investments in unsecured loans.
Debenture companies—Debenture holders—Notice of maturity date of debenture.
Debenture companies—Annual financial statement.
Debenture companies—Rules.
Debenture companies—Record maintenance and preservation—Examination.
Debenture companies—Examination reports and information—Exempt from public disclosure—Use in civil
actions.
Construction to secure uniformity.
SEVERABILITY OF PROVISIONS
21.20.905
Severability—1959 c 282.
REPEAL AND SAVING PROVISIONS
21.20.910
21.20.915
21.20.920
21.20.925
21.20.930
21.20.935
Saving—Civil, criminal proceedings.
Saving—Prior effective registrations.
Application of prior law.
Judicial review of prior administrative orders.
Solicitation permits under insurance laws not limited.
Repealer.
SHORT TITLE
21.20.940 Short title.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to securities were transferred to the department of financial
institutions by 1993 c 472, effective October 1, 1993. See RCW
43.320.011.
"Bucket shop": RCW 9.47.080, 9.47.090.
Business corporations: Title 23B RCW.
Camping resort contracts—Nonapplicability of certain laws to: RCW
19.105.510.
Corporate seals, effect of nonuse: RCW 64.04.105.
Exemption of timeshares from chapter: RCW 64.36.290.
False stock subscriptions: RCW 9.24.010.
Fraudulent issue of stock: RCW 9.24.020.
Negotiable instruments: Title 62A RCW.
Permit to sell stock of domestic insurance company: Chapter 48.06 RCW.
Public service company securities: Chapter 81.08 RCW.
Sale of capital notes and debentures by banks and trust companies:
Chapter 30.36 RCW.
Securities of public utilities: Chapter 80.08 RCW.
Trust receipts: Title 62A RCW.
Uniform Commercial Code—Investment securities: Article 62A.8 RCW.
Viatical settlements: Chapter 48.102 RCW.
Written statement of purchase or sale to be furnished market trader: RCW
9.47.100.
(2002 Ed.)
Securities Act of Washington
DEFINITIONS
21.20.005 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
otherwise requires:
(1) "Director" means the director of financial institutions
of this state.
(2) "Salesperson" means any individual other than a
broker-dealer who represents a broker-dealer or issuer in
effecting or attempting to effect sales of securities. "Salesperson" does not include an individual who represents an
issuer in (a) effecting a transaction in a security exempted by
RCW 21.20.310 (1), (2), (3), (4), (9), (10), (11), (12), or
(13), (b) effecting transactions exempted by RCW 21.20.320
unless otherwise expressly required by the terms of the
exemption, or (c) effecting transactions with existing
employees, partners, or directors of the issuer if no commission or other remuneration is paid or given directly or
indirectly for soliciting any person in this state.
(3) "Broker-dealer" means any person engaged in the
business of effecting transactions in securities for the account
of others or for that person’s own account. "Broker-dealer"
does not include (a) a salesperson, issuer, bank, savings
institution, or trust company, (b) a person who has no place
of business in this state if the person effects transactions in
this state exclusively with or through the issuers of the
securities involved in the transactions, other broker-dealers,
or banks, savings institutions, trust companies, insurance
companies, investment companies as defined in the investment company act of 1940, pension or profit-sharing trusts,
or other financial institutions or institutional buyers, whether
acting for themselves or as trustees, or (c) a person who has
no place of business in this state if during any period of
twelve consecutive months that person does not direct more
than fifteen offers to sell or to buy into or make more than
five sales in this state in any manner to persons other than
those specified in (b) of this subsection.
(4) "Guaranteed" means guaranteed as to payment of
principal, interest, or dividends.
(5) "Full business day" means all calendar days,
excluding therefrom Saturdays, Sundays, and all legal
holidays, as defined by statute.
(6) "Investment adviser" means any person who, for
compensation, engages in the business of advising others,
either directly or through publications or writings, as to the
value of securities or as to the advisability of investing in,
purchasing, or selling securities, or who, for compensation
and as a part of a regular business, issues or promulgates
analyses or reports concerning securities. "Investment
adviser" also includes financial planners and other persons
who, as an integral component of other financially related
services, (a) provide the foregoing investment advisory
services to others for compensation as part of a business or
(b) hold themselves out as providing the foregoing investment advisory services to others for compensation. Investment adviser shall also include any person who holds
himself out as a financial planner.
"Investment adviser" does not include (a) a bank,
savings institution, or trust company, (b) a lawyer, accountant, certified public accountant licensed under chapter 18.04
RCW, engineer, or teacher whose performance of these
(2002 Ed.)
21.20.005
services is solely incidental to the practice of his or her
profession, (c) a broker-dealer or its salesperson whose
performance of these services is solely incidental to the
conduct of its business as a broker-dealer and who receives
no special compensation for them, (d) a publisher of any
bona fide newspaper, news magazine, news column, newsletter, or business or financial publication or service, whether
communicated in hard copy form, by electronic means, or
otherwise, that does not consist of the rendering of advice on
the basis of the specific investment situation of each client,
(e) a radio or television station, (f) a person whose advice,
analyses, or reports relate only to securities exempted by
RCW 21.20.310(1), (g) an investment adviser representative,
or (h) such other persons not within the intent of this
paragraph as the director may by rule or order designate.
(7) "Issuer" means any person who issues or proposes
to issue any security, except that with respect to certificates
of deposit, voting trust certificates, or collateral-trust certificates, or with respect to certificates of interest or shares in
an unincorporated investment trust not having a board of
directors (or persons performing similar functions) or of the
fixed, restricted management, or unit type; the term "issuer"
means the person or persons performing the acts and
assuming the duties of depositor or manager pursuant to the
provisions of the trust or other agreement or instrument
under which the security is issued.
(8) "Nonissuer" means not directly or indirectly for the
benefit of the issuer.
(9) "Person" means an individual, a corporation, a
partnership, a limited liability company, a limited liability
partnership, an association, a joint-stock company, a trust
where the interest of the beneficiaries are evidenced by a
security, an unincorporated organization, a government, or a
political subdivision of a government.
(10) "Sale" or "sell" includes every contract of sale of,
contract to sell, or disposition of, a security or interest in a
security for value. "Offer" or "offer to sell" includes every
attempt or offer to dispose of, or solicitation of an offer to
buy, a security or interest in a security for value.
Any security given or delivered with, or as a bonus on
account of, any purchase of securities or any other thing is
considered to constitute part of the subject of the purchase
and to have been offered and sold for value. A purported
gift of assessable stock is considered to involve an offer and
sale. Every sale or offer of a warrant or right to purchase or
subscribe to another security of the same or another issuer,
as well as every sale or offer of a security which gives the
holder a present or future right or privilege to convert into
another security of the same or another issuer, is considered
to include an offer of the other security.
(11) "Securities Act of 1933," "Securities Exchange Act
of 1934," "Public Utility Holding Company Act of 1935,"
"Investment Company Act of 1940," and "Investment
Advisers Act of 1940" means the federal statutes of those
names as amended before or after June 10, 1959.
(12)(a) "Security" means any note; stock; treasury stock;
bond; debenture; evidence of indebtedness; certificate of
interest or participation in any profit-sharing agreement;
collateral-trust certificate; preorganization certificate or
subscription; transferable share; investment contract; investment of money or other consideration in the risk capital of
a venture with the expectation of some valuable benefit to
[Title 21 RCW—page 3]
21.20.005
Title 21 RCW: Securities and Investments
the investor where the investor does not receive the right to
exercise practical and actual control over the managerial
decisions of the venture; voting-trust certificate; certificate of
deposit for a security; fractional undivided interest in an oil,
gas, or mineral lease or in payments out of production under
a lease, right, or royalty; charitable gift annuity; any put,
call, straddle, option, or privilege on any security, certificate
of deposit, or group or index of securities, including any
interest therein or based on the value thereof; or any put,
call, straddle, option, or privilege entered into on a national
securities exchange relating to foreign currency; or, in
general, any interest or instrument commonly known as a
"security," or any certificate of interest or participation in,
temporary or interim certificate for, receipt for, guarantee of,
or warrant or right to subscribe to or purchase, any security
under this subsection. This subsection applies whether or
not the security is evidenced by a written document.
(b) "Security" does not include: (i) Any insurance or
endowment policy or annuity contract under which an
insurance company promises to pay a fixed sum of money
either in a lump sum or periodically for life or some other
specified period; or (ii) an interest in a contributory or
noncontributory pension or welfare plan subject to the
Employee Retirement Income Security Act of 1974.
(13) "State" means any state, territory, or possession of
the United States, as well as the District of Columbia and
Puerto Rico.
(14) "Investment adviser representative" means any
partner, officer, director, or a person occupying similar status
or performing similar functions, or other individual, who is
employed by or associated with an investment adviser, and
who does any of the following:
(a) Makes any recommendations or otherwise renders
advice regarding securities;
(b) Manages accounts or portfolios of clients;
(c) Determines which recommendation or advice
regarding securities should be given;
(d) Solicits, offers, or negotiates for the sale of or sells
investment advisory services; or
(e) Supervises employees who perform any of the
functions under (a) through (d) of this subsection.
(15) "Relatives," as used in RCW 21.20.310(11)
includes:
(a) A member’s spouse;
(b) Parents of the member or the member’s spouse;
(c) Grandparents of the member or the member’s
spouse;
(d) Natural or adopted children of the member or the
member’s spouse;
(e) Aunts and uncles of the member or the member’s
spouse; and
(f) First cousins of the member or the member’s spouse.
(16) "Customer" means a person other than a brokerdealer or investment adviser.
(17) "Federal covered security" means any security
defined as a covered security in the Securities Act of 1933.
(18) "Federal covered adviser" means any person
registered as an investment adviser under section 203 of the
Investment Advisers Act of 1940. [2002 c 65 § 1; 1998 c
15 § 1; 1994 c 256 § 3. Prior: 1993 c 472 § 14; 1993 c
470 § 4; 1989 c 391 § 1; 1979 ex.s. c 68 § 1; 1979 c 130 §
[Title 21 RCW—page 4]
3; 1977 ex.s. c 188 § 1; 1975 1st ex.s. c 84 § 1; 1967 c 199
§ 1; 1961 c 37 § 1; 1959 c 282 § 60.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Severability—1979 c 130: See note following RCW 28B.10.485.
FRAUDULENT AND OTHER
PROHIBITED PRACTICES
21.20.010 Unlawful offers, sales, purchases. It is
unlawful for any person, in connection with the offer, sale or
purchase of any security, directly or indirectly:
(1) To employ any device, scheme, or artifice to
defraud;
(2) To make any untrue statement of a material fact or
to omit to state a material fact necessary in order to make
the statements made, in the light of the circumstances under
which they are made, not misleading; or
(3) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
any person.[1959 c 282 § 1.]
21.20.020 Unlawful acts of person advising another.
(1) It is unlawful for any person who receives any consideration from another party primarily for advising the other
person as to the value of securities or their purchase or sale,
whether through the issuance of analyses or reports or otherwise:
(a) To employ any device, scheme, or artifice to defraud
the other person;
(b) To engage in any act, practice, or course of business
which operates or would operate as a fraud or deceit upon
the other person; or
(c) To engage in any dishonest or unethical practice as
the director may define by rule.
This subsection (1) applies whether or not the person is
an investment adviser, federal covered adviser, or investment
adviser under this chapter or the Investment Advisers Act of
1940.
(2) It is unlawful for an investment adviser, acting as
principal for his or her own account, knowingly to sell any
security to or purchase any security from a client, or act as
a broker for a person other than such client, knowingly to
effect any sale or purchase of any security for the account of
such client, without disclosing to such client in writing
before the execution of such transaction the capacity in
which he or she is acting and obtaining the consent of the
client to such transaction.
This subsection (2) does not apply to a transaction with
a customer of a broker-dealer if the broker-dealer is not
acting as an investment adviser in relation to the transaction.
[2002 c 65 § 2; 1998 c 15 § 2; 1959 c 282 § 2.]
21.20.030 Unlawful acts of investment adviser. It is
unlawful for any investment adviser to enter into, extend, or
renew any investment advisory contract unless it provides in
writing:
(1) That the investment adviser shall not be compensated on the basis of a share of capital gains upon or capital
appreciation of the funds or any portion of the funds of the
(2002 Ed.)
Securities Act of Washington
client; however, this subsection does not prohibit: (a) An
investment advisory contract which provides for compensation based upon the total of a fund averaged over a definite
period, or as of definite dates or taken as of a definite date;
or (b) performance compensation arrangements permitted
under any rule the director may adopt in order to allow
performance compensation arrangements permitted under the
Investment Advisers Act of 1940 and regulations promulgated by the securities and exchange commission thereunder;
(2) That no assignment of the contract may be made by
the investment adviser without the consent of the other party
to the contract; and
(3) That the investment adviser, if a partnership, shall
notify the other party to the contract of any change in the
membership of the partnership within a reasonable time after
the change.
"Assignment", as used in subsection (2) of this section,
includes any direct or indirect transfer or hypothecation of an
investment advisory contract by the assignor or of a controlling block of the assignor’s outstanding voting securities by
a security holder of the assignor; but, if the investment
adviser is a partnership, no assignment of an investment
advisory contract is considered to result from the death or
withdrawal of a minority of the members of the investment
adviser having only a minority interest in the business of the
investment adviser, or from the admission to the investment
adviser of one or more members who, after admission, will
be only a minority of the members and will have only a
minority interest in the business. [1993 c 114 § 1; 1959 c
282 § 3.]
21.20.035 Unlawful purchases or sales for
customer’s account. It is unlawful for a broker-dealer,
salesperson, investment adviser, or investment adviser
representative knowingly to effect or cause to be effected,
with or for a customer’s account, transactions of purchase or
sale (1) that are excessive in size or frequency in view of the
financial resources and character of the account and (2) that
are effected because the broker-dealer, salesperson, investment adviser, or investment adviser representative is vested
with discretionary power or is able by reason of the
customer’s trust and confidence to influence the volume and
frequency of the trades. [1994 c 256 § 4; 1993 c 470 § 1.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
VARIABLE CONTRACTS
21.20.037 Variable contracts—Registration required—Rules. As required by chapter 48.18A RCW, a
person selling variable contracts shall be registered as a
broker-dealer or securities salesperson as required by this
chapter. This chapter, and any rules or orders adopted under
this chapter, applies to any person engaged in the offer, sale,
or purchase of a variable contract. "Variable contract"
means the same as set forth under chapter 48.18A RCW.
[2002 c 65 § 8.]
(2002 Ed.)
21.20.030
REGISTRATION AND NOTICE FOR BROKERDEALERS, SALESPERSONS,
INVESTMENT ADVISERS, AND INVESTMENT
ADVISER SALESPERSONS
21.20.040 Registration and notification required—
Exemptions. (1) It is unlawful for any person to transact
business in this state as a broker-dealer or salesperson,
unless: (a) The person is registered under this chapter; (b)
the person is exempted from registration as a broker-dealer
or salesperson to sell or resell condominium units sold in
conjunction with an investment contract as may be provided
by rule or order of the director as to persons who are
licensed pursuant to the provisions of chapter 18.85 RCW;
(c) the person is a salesperson who satisfies the requirements
of section 15(h)(2) of the Securities Exchange Act of 1934
and effects in this state no transactions other than those
described by section 15(h)(3) of the Securities Exchange Act
of 1934; (d) the person is a salesperson effecting transactions
in open-end investment company securities sold at net asset
value without any sales charges; or (e) the person participates only in the sale or offering for sale of variable contracts which fund corporate plans meeting the requirements
for qualification under section 401 or 403 of the United
States Internal Revenue Code as set forth in RCW
48.18A.060.
(2) It is unlawful for any broker-dealer or issuer to
employ a salesperson unless the salesperson is registered or
exempted from registration.
(3) It is unlawful for any person to transact business in
this state as an investment adviser or investment adviser
representative unless: (a) The person is so registered or
exempt from registration under this chapter; (b) the person
has no place of business in this state and (i) the person’s
only clients in this state are investment advisers registered
under this chapter, federal covered advisers, broker-dealers,
banks, savings institutions, trust companies, insurance
companies, investment companies as defined in the Investment Company Act of 1940, employee benefit plans with
assets of not less than one million dollars, or governmental
agencies or instrumentalities, whether acting for themselves
or as trustees with investment control, or (ii) during the
preceding twelve-month period the person has had fewer
than six clients who are residents of this state other than
those specified in (b)(i) of this subsection; (c) the person is
an investment adviser to an investment company registered
under the Investment Company Act of 1940; (d) the person
is a federal covered adviser and the person has complied
with requirements of RCW 21.20.050; or (e) the person is
excepted from the definition of investment adviser under
section 202(a)(11) of the Investment Advisers Act of 1940.
(4) It is unlawful for any person, other than a federal
covered adviser, to hold himself or herself out as, or otherwise represent that he or she is a "financial planner",
"investment counselor", or other similar term, as may be
specified in rules adopted by the director, unless the person
is registered as an investment adviser or investment adviser
representative, is exempt from registration under RCW
21.20.040(1), or is excluded from the definition of investment adviser under RCW 21.20.005(6).
[Title 21 RCW—page 5]
21.20.040
Title 21 RCW: Securities and Investments
(5)(a) It is unlawful for any person registered or
required to be registered as an investment adviser under this
chapter to employ, supervise, or associate with an investment
adviser representative unless such investment adviser
representative is registered as an investment adviser representative under this chapter.
(b) It is unlawful for any federal covered adviser or any
person required to be registered as an investment adviser
under section 203 of the Investment Advisers Act of 1940 to
employ, supervise, or associate with an investment adviser
representative having a place of business located in this state,
unless such investment adviser representative is registered or
is exempted from registration under this chapter. [2002 c 65
§ 3; 1998 c 15 § 3; 1994 c 256 § 5; 1989 c 391 § 2; 1979
ex.s. c 68 § 2; 1975 1st ex.s. c 84 § 2; 1974 ex.s. c 77 § 1;
1959 c 282 § 4.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: "This 1974 amendatory act shall
take effect on July 1, 1974." [1974 ex.s. c 77 § 14.]
Insurance, solicitation permits for sale of securities: RCW 48.06.090.
21.20.050 Application for registration—Filing of
documents—Consent to service of process—Fee. (1) A
broker-dealer, salesperson, investment adviser, or investment
adviser representative may apply for registration by filing
with the director or his authorized agent an application
together with a consent to service of process in such form as
the director shall prescribe and payment of the fee prescribed
in RCW 21.20.340.
(2) A federal covered adviser shall file such documents
as the director may, by rule or otherwise, require together
with a consent to service of process and the payment of the
fee prescribed in RCW 21.20.340. [1998 c 15 § 4; 1994 c
256 § 6; 1981 c 272 § 1; 1979 ex.s. c 68 § 3; 1975 1st ex.s.
c 84 § 3; 1961 c 37 § 2; 1959 c 282 § 5.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.060 Contents of application for registration—
Capital requirements. The application shall contain
whatever information the director requires concerning such
matters as:
(1) The applicant’s form and place of organization;
(2) The applicant’s proposed method of doing business;
(3) The qualifications and business history of the
applicant and in the case of a broker-dealer or investment
adviser; any partner, officer, or director, or any person
occupying a similar status or performing similar functions;
or any person directly or indirectly controlling the brokerdealer or investment adviser;
(4) Any injunction or administrative order or conviction
of a misdemeanor involving a security or any aspect of the
securities business and any conviction of a felony;
(5) The applicant’s financial condition and history;
(6) The address of the principal place of business of the
applicant and the addresses of all branch offices of the
applicant in this state; and
(7) Any information to be furnished or disseminated to
any client or prospective client, if the applicant is an
investment adviser.
The director may by rule or otherwise require a minimum capital for registered broker-dealers, not to exceed the
[Title 21 RCW—page 6]
limitations provided in section 15 of the Securities Exchange
Act of 1934, and establish minimum financial requirements
for investment advisers, not to exceed the limitations
provided in section 222 of the Investment Advisers Act of
1940, which may include different requirements for investment advisers who maintain custody of clients’ funds or
securities or who have discretionary authority over those
funds or securities, and may allow registrants to maintain a
surety bond of appropriate amount as an alternative method
of compliance with minimum capital or financial requirements. [1998 c 15 § 5; 1995 c 46 § 1; 1994 c 256 § 7;
1965 c 17 § 1; 1959 c 282 § 6.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.070
When registration effective—
Requirements determined by rule. If the application meets
the requirements for registration, as the director may by rule
or otherwise determine, and no denial order is in effect and
no proceeding is pending under RCW 21.20.110, the director
shall make the registration effective. [1998 c 15 § 6; 1981
c 272 § 2; 1979 ex.s. c 68 § 4; 1975 1st ex.s. c 84 § 4; 1974
ex.s. c 77 § 2; 1959 c 282 § 7.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.080 Duration of registration—Association
with issuer, broker-dealer, federal covered adviser, or
investment adviser—Notice to director—Extension of
licensing period. Registration of a broker-dealer, salesperson, investment adviser representative, or investment adviser
shall be effective for a one-year period unless the director by
rule or order provides otherwise. The director by rule or
order may schedule registration or renewal so that all
registrations and renewals expire December 31st. The
director may adjust the fee for registration or renewal
proportionately. The registration of a salesperson or investment adviser representative is not effective during any
period when the salesperson is not employed by or associated with an issuer or a registered broker-dealer or when the
investment adviser representative is not employed by or
associated with an investment adviser registered under this
chapter or a federal covered adviser who has made a notice
filing pursuant to RCW 21.20.050. To be employed by or
associated with an issuer, broker-dealer, federal covered
adviser, or investment adviser within the meaning of this
section notice, either in writing or in some other format as
the director may by rule or otherwise specify, must be given
to the director. When a salesperson begins or terminates
employment or association with an issuer or registered
broker-dealer, the salesperson and the issuer or broker-dealer
shall promptly notify the director. When an investment
adviser representative registered under this chapter begins or
terminates employment or association with an investment
adviser registered under this chapter or a federal covered
adviser required to make a notice filing pursuant to RCW
21.20.050, the investment adviser representative and investment adviser or federal covered adviser shall promptly notify
the director.
Notwithstanding any provision of law to the contrary,
the director may, from time to time, extend the duration of
a licensing period for the purpose of staggering renewal
periods. Such extension of a licensing period shall be by
(2002 Ed.)
Securities Act of Washington
rule adopted in accordance with the provisions of chapter
34.05 RCW. Such rules may provide a method for imposing
and collecting such additional proportional fee as may be
required for the extended period. [1998 c 15 § 7; 1994 c
256 § 8; 1981 c 272 § 3; 1979 ex.s. c 68 § 5; 1975 1st ex.s.
c 84 § 5; 1959 c 282 § 8.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.090 Renewal of registration—Financial
reports—Application for a successor. Registration of a
broker-dealer, salesperson, investment adviser representative,
or investment adviser may be renewed by filing with the
director or his or her authorized agent prior to the expiration
thereof an application containing such information as the
director may require to indicate any material change in the
information contained in the original application or any
renewal application for registration as a broker-dealer,
salesperson, investment adviser representative, or investment
adviser filed with the director or his or her authorized agent
by the applicant, payment of the prescribed fee, and, in the
case of a broker-dealer or investment adviser such financial
reports as the director may prescribe by rule or otherwise.
The reporting requirements so prescribed for a broker-dealer
may not exceed the limitations provided in section 15 of the
Securities Exchange Act of 1934. A registered broker-dealer
or investment adviser may file an application for registration
of a successor, and the director may at his or her discretion
grant or deny the application. [1998 c 15 § 8; 1995 c 46 §
2; 1994 c 256 § 9; 1981 c 272 § 4; 1979 ex.s. c 68 § 6;
1975 1st ex.s. c 84 § 6; 1961 c 37 § 3; 1959 c 282 § 9.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.100 Accounts, correspondence, memoranda,
papers, books, and other records—Release of information—Correction of filed document—Examination. (1)
Every registered broker-dealer and investment adviser shall
make and keep such accounts, correspondence, memoranda,
papers, books, and other records, except with respect to
securities exempt under RCW 21.20.310(1), which books and
other records shall be prescribed by the director by rule or
otherwise. The recordmaking and recordkeeping requirements prescribed for a broker-dealer shall not exceed the
limitations provided in section 15 of the Securities Exchange
Act of 1934. The recordmaking and recordkeeping requirements prescribed for a registered investment adviser shall not
exceed the limitations provided in section 222 of the
Investment Advisers Act of 1940. All records required to be
made and kept by a registered investment adviser shall be
preserved for such a period as the director prescribes by rule
or otherwise.
(2) With respect to investment advisers, the director may
require that certain information be furnished or disseminated
as necessary or appropriate in the public interest or for the
protection of investors and advisory clients.
(3) If the information contained in any document filed
with the director is or becomes inaccurate or incomplete in
any material respect, the registrant shall promptly file a
correcting amendment unless notification of the correction
has been given under RCW 21.20.090.
(4) All the records of a registered broker-dealer or
investment adviser are subject at any time or from time to
(2002 Ed.)
21.20.080
time to such reasonable periodic, special or other examinations by representatives of the director, within or without this
state, as the director deems necessary or appropriate in the
public interest or for the protection of investors. [1998 c 15
§ 9; 1959 c 282 § 10.]
Examination reports and information from financial institutions exempt:
RCW 42.17.31911.
21.20.110 Director may deny, suspend, revoke,
restrict, condition, or limit any application or registration—Director may censure or fine registrant—
Grounds—Procedures. (1) The director may by order
deny, suspend, revoke, restrict, condition, or limit any
application or registration of any broker-dealer, salesperson,
investment adviser representative, or investment adviser; or
censure or fine the registrant or an officer, director, partner,
or person occupying similar functions for a registrant; if the
director finds that the order is in the public interest and that
the applicant or registrant or, in the case of a broker-dealer
or investment adviser, any partner, officer, director, or
person occupying similar functions:
(a) Has filed an application for registration under this
section which, as of its effective date, or as of any date after
filing in the case of an order denying effectiveness, was
incomplete in any material respect or contained any statement which was, in the light of the circumstances under
which it was made, false, or misleading with respect to any
material fact;
(b) Has willfully violated or willfully failed to comply
with any provision of this chapter or a predecessor act or
any rule or order under this chapter or a predecessor act, or
any provision of chapter 21.30 RCW or any rule or order
thereunder;
(c) Has been convicted, within the past ten years, of any
misdemeanor involving a security, or a commodity contract
or commodity option as defined in RCW 21.30.010, or any
aspect of the securities, commodities, business investments,
franchises, business opportunities, insurance, banking, or
finance business, or any felony involving moral turpitude;
(d) Is permanently or temporarily enjoined or restrained
by any court of competent jurisdiction in an action brought
by the director, a state, or a federal government agency from
engaging in or continuing any conduct or practice involving
any aspect of the securities, commodities, business investments, franchises, business opportunities, insurance, banking,
or finance business;
(e) Is the subject of an order entered after notice and
opportunity for hearing:
(i) By the securities administrator of a state or by the
Securities and Exchange Commission denying, revoking, or
suspending registration as a broker-dealer, salesperson,
investment adviser, or investment adviser representative;
(ii) By the securities administrator of a state or by the
Securities and Exchange Commission sanctioning against a
broker-dealer or an investment adviser;
(iii) By the Securities and Exchange Commission
suspending or expelling the registrant from membership in
a self-regulatory organization; or
(iv) By a court adjudicating a United States Postal
Service fraud;
The director may not commence a revocation or
suspension proceeding more than one year after the date of
[Title 21 RCW—page 7]
21.20.110
Title 21 RCW: Securities and Investments
the order relied on. The director may not enter an order on
the basis of an order under another state securities act unless
that order was based on facts that would constitute a ground
for an order under this section;
(f) Is the subject of an order, adjudication, or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the Commodities Futures
Trading Commission, the Federal Trade Commission, or a
securities or insurance regulator of any state that the person
has willfully violated the Securities Act of 1933, the Securities Exchange Act of 1934, the Investment Advisers Act of
1940, the Investment Company Act of 1940, the Commodities Exchange Act, the securities, insurance, or commodities law of any state, or a federal or state law under
which a business involving investments, franchises, business
opportunities, insurance, banking, or finance is regulated;
(g) Has engaged in dishonest or unethical practices in
the securities or commodities business;
(h) Is insolvent, either in the sense that his or her liabilities exceed his or her assets or in the sense that he or she
cannot meet his or her obligations as they mature; but the
director may not enter an order against an applicant or
registrant under this subsection (1)(h) without a finding of
insolvency as to the applicant or registrant;
(i) Has not complied with a condition imposed by the
director under RCW 21.20.100, or is not qualified on the
basis of such factors as training, experience, or knowledge
of the securities business, except as otherwise provided in
subsection (2) of this section;
(j) Has failed to supervise reasonably a salesperson or
an investment adviser representative, or employee, if the
salesperson, investment adviser representative, or employee
was subject to the person’s supervision and committed a
violation of this chapter or a rule adopted or order issued
under this chapter. For the purposes of this subsection, no
person fails to supervise reasonably another person, if:
(i) There are established procedures, and a system for
applying those procedures, that would reasonably be expected to prevent and detect, insofar as practicable, any violation
by another person of this chapter, or a rule or order under
this chapter; and
(ii) The supervising person has reasonably discharged
the duties and obligations required by these procedures and
system without reasonable cause to believe that another
person was violating this chapter or rules or orders under
this chapter;
(k) Has failed to pay the proper filing fee within thirty
days after being notified by the director of a deficiency, but
the director shall vacate an order under this subsection (1)(k)
when the deficiency is corrected;
(l) Within the past ten years has been found, after notice
and opportunity for a hearing to have:
(i) Willfully violated the law of a foreign jurisdiction
governing or regulating the business of securities, commodities, insurance, or banking;
(ii) Been the subject of an order of a securities regulator
of a foreign jurisdiction denying, revoking, or suspending the
right to engage in the business of securities as a brokerdealer, agent, investment adviser, or investment adviser
representative; or
(iii) Been suspended or expelled from membership by
a securities exchange or securities association operating
[Title 21 RCW—page 8]
under the authority of the securities regulator of a foreign
jurisdiction;
(m) Is the subject of a cease and desist order issued by
the Securities and Exchange Commission or issued under the
securities or commodities laws of a state; or
(n) Refuses to allow or otherwise impedes the director
from conducting an audit, examination, or inspection, or
refuses access to any branch office or business location to
conduct an audit, examination, or inspection.
(2) The director, by rule or order, may require that an
examination, including an examination developed or approved by an organization of securities administrators, be
taken by any class of or all applicants. The director, by rule
or order, may waive the examination as to a person or class
of persons if the administrator determines that the examination is not necessary or appropriate in the public interest or
for the protection of investors.
(3) The director may issue a summary order pending
final determination of a proceeding under this section upon
a finding that it is in the public interest and necessary or
appropriate for the protection of investors.
(4) The director may not impose a fine under this
section except after notice and opportunity for hearing. The
fine imposed under this section may not exceed five thousand dollars for each act or omission that constitutes the
basis for issuing the order. If a petition for judicial review
has not been timely filed under RCW 34.05.542(2), a
certified copy of the director’s order requiring payment of
the fine may be filed in the office of the clerk of the
superior court in any county of this state. The clerk shall
treat the order of the director in the same manner as a
judgment of the superior court. The director’s order so filed
has the same effect as a judgment of the superior court and
may be recorded, enforced, or satisfied in like manner.
(5) Withdrawal from registration as a broker-dealer,
salesperson, investment adviser, or investment adviser
representative becomes effective thirty days after receipt of
an application to withdraw or within such shorter period as
the administrator determines, unless a revocation or suspension proceeding is pending when the application is filed. If
a proceeding is pending, withdrawal becomes effective upon
such conditions as the director, by order, determines. If no
proceeding is pending or commenced and withdrawal
automatically becomes effective, the administrator may
nevertheless commence a revocation or suspension proceeding under subsection (1)(b) of this section within one year
after withdrawal became effective and enter a revocation or
suspension order as of the last date on which registration
was effective.
(6) A person who, directly or indirectly, controls a
person not in compliance with any part of this section may
also be sanctioned to the same extent as the noncomplying
person, unless the controlling person acted in good faith and
did not directly or indirectly induce the conduct constituting
the violation or cause of action.
(7) The director shall immediately suspend the license
or certificate of a person who has been certified pursuant to
RCW 74.20A.320 by the department of social and health
services as a person who is not in compliance with a support
order. If the person has continued to meet all other requirements for reinstatement during the suspension, reissuance of
the license or certificate shall be automatic upon the
(2002 Ed.)
Securities Act of Washington
21.20.110
director’s receipt of a release issued by the department of
social and health services stating that the licensee is in
compliance with the order. [2002 c 65 § 4; 1998 c 15 § 10;
1997 c 58 § 856; 1994 c 256 § 10; 1993 c 470 § 3; 1986 c
14 § 45; 1979 ex.s. c 68 § 7; 1975 1st ex.s. c 84 § 7; 1965
c 17 § 2; 1959 c 282 § 11.]
cause of action arose. [1979 ex.s. c 68 § 10; 1974 ex.s. c 77
§ 3; 1961 c 37 § 10.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—Effective date—1986 c 14: See RCW 21.30.900 and
21.30.901.
21.20.140 Unlawful to offer or sell unregistered
securities—Exceptions. It is unlawful for any person to
offer or sell any security in this state unless: (1) The
security is registered by coordination or qualification under
this chapter; (2) the security or transaction is exempted under
RCW 21.20.310 or 21.20.320; or (3) the security is a federal
covered security, and, if required, the filing is made and a
fee is paid in accordance with RCW 21.20.327. [1998 c 15
§ 11; 1975 1st ex.s. c 84 § 10; 1959 c 282 § 14.]
21.20.120 Denial, suspension, revocation of registration—Order—Request for, notice of hearing—Findings
and conclusions. Upon the entry of an order under RCW
21.20.110, the director shall promptly notify the applicant or
registrant, as well as the employer or prospective employer
if the applicant or registrant is a salesperson or investment
adviser representative, that it has been entered and of the
reasons therefor and that if requested by the applicant or
registrant within fifteen days after the receipt of the
director’s notification the matter will be promptly set down
for hearing. If no hearing is requested and none is ordered
by the director, the order will remain in effect until it is
modified or vacated by the director. If a hearing is requested or ordered, the director, after notice of and opportunity
for hearing, may modify or vacate the order or extend it
until final determination. No order may be entered under
RCW 21.20.110 denying or revoking registration without
appropriate prior notice to the applicant or registrant (as well
as the employer or prospective employer if the applicant or
registrant is a salesperson or an investment adviser representative), opportunity for hearing, and written findings of fact
and conclusions of law. [1994 c 256 § 11; 1979 ex.s. c 68
§ 8; 1975 1st ex.s. c 84 § 8; 1959 c 282 § 12.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.130 Cancellation of registration or application—Grounds. If the director finds that any registrant or
applicant for registration is no longer in existence or has
ceased to do business as a broker-dealer, investment adviser,
investment adviser representative, or salesperson, or is
subject to an adjudication of mental incompetence or to the
control of a committee, conservator, or guardian, or cannot
be located after reasonable search, the director may by order
cancel the registration or application. [1994 c 256 § 12;
1979 ex.s. c 68 § 9; 1975 1st ex.s. c 84 § 9; 1959 c 282 §
13.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.135 License as salesperson or broker-dealer
prerequisite to suit for commission. No suit or action shall
be brought for the collection of a commission for the sale of
a security, as defined within this chapter without alleging
and proving that the plaintiff was a duly licensed salesperson
for an issuer or a broker-dealer, or exempt under the
provisions of RCW 21.20.040, or a duly licensed brokerdealer in this state or another state at the time the alleged
(2002 Ed.)
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
REGISTRATION OF SECURITIES
REGISTRATION BY COORDINATION
21.20.180 Registration by coordination—
Requirements—Statement, contents. Any security for
which a registration statement has been filed under the
securities act of 1933 or any securities for which filings have
been made pursuant to regulation A pursuant to subsection
(b) of Sec. 3 of the securities act in connection with the
same offering may be registered by coordination. A registration statement under this section shall contain the following
information and be accompanied by the following documents, in addition to payment of the registration fee prescribed in RCW 21.20.340 and, if required under RCW
21.20.330, a consent to service of process meeting the
requirements of that section:
(1) One copy of the prospectus, offering circular and/or
letters of notification, filed under the securities act of 1933
together with all amendments thereto;
(2) The amount of securities to be offered in this state;
(3) The states in which a registration statement or
similar document in connection with the offering has been or
is expected to be filed;
(4) Any adverse order, judgment or decree previously
entered in connection with the offering by any court or the
securities and exchange commission;
(5) If the director, by rule or otherwise, requires a copy
of the articles of incorporation and bylaws (or their substantial equivalents) currently in effect, a copy of any agreements with or among underwriters, a copy of any indenture
or other instrument governing the issuance of the security to
be registered, and a specimen or copy of the security;
(6) If the director requests, any other information, or
copies of any other documents, filed under the securities act
of 1933;
(7) An undertaking to forward promptly all amendments
to the federal registration statement, offering circular and/or
letters of notification, other than an amendment which
merely delays the effective date; and
(8) If the aggregate sales price of the offering exceeds
one million dollars, audited financial statements and other
financial information prepared as to form and content under
rules adopted by the director. [1994 c 256 § 13; 1979 ex.s.
c 68 § 11; 1961 c 37 § 4; 1959 c 282 § 18.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
[Title 21 RCW—page 9]
21.20.190
Title 21 RCW: Securities and Investments
21.20.190 Time of taking effect of registration
statement by coordination—Conditions—"Price amendment", notification. A registration statement by coordination under RCW 21.20.180 automatically becomes effective
at the moment the federal registration statement or other
filing becomes effective if all the following conditions are
satisfied:
(1) No stop order is in effect and no proceeding is
pending under RCW 21.20.280 and 21.20.300;
(2) The registration statement has been on file with the
director for at least ten full business days; and
(3) A statement of the maximum and minimum proposed offering prices and the maximum underwriting
discounts and commissions has been on file for two full
business days or such shorter period as the director permits
by rule or otherwise and the offering is made within those
limitations. The registrant shall promptly notify the director
or such person as the director may by rule or order designate
by facsimile, electronic transmission, or telegram of the date
and time when the federal registration statement or other
filing became effective and the content of the price amendment, if any, and shall promptly file a post-effective amendment containing the information and documents in the price
amendment. "Price amendment" means the final federal
amendment which includes a statement of the offering price,
underwriting and selling discounts or commissions, amount
of proceeds, conversion rates, call prices, and other matters
dependent upon the offering price. [1994 c 256 § 14; 1961
c 37 § 5; 1959 c 282 § 19.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.200 Failure to notify of price amendment,
proof of compliance—Stop order—Waiver of certain
conditions. Upon failure to receive the required notification
and post-effective amendment with respect to the price
amendment referred to in RCW 21.20.190, the director may
enter a stop order, without notice of hearing, retroactively
denying effectiveness to the registration statement or
suspending its effectiveness until compliance with RCW
21.20.190, if the director promptly notified the registrant by
telephone, facsimile, or electronic transmission (and promptly confirms by letter or facsimile when the director notifies
by telephone) of the issuance of the order. If the registrant
proves compliance with the requirements as to notice and
post-effective amendment, the stop order is void as of the
time of its entry. The director may by rule or otherwise
waive either or both of the conditions specified in RCW
21.20.190(2) and (3). If the federal registration statement or
other filing becomes effective before all these conditions are
satisfied and they are not waived, the registration statement
automatically becomes effective as soon as all the conditions
are satisfied. If the registrant advises the director of the date
when the federal registration statement or other filing is
expected to become effective the director shall promptly
advise the registrant by telephone, electronic transmission, or
facsimile, at the registrant’s expense, whether all the conditions are satisfied and whether the director then contemplates
the institution of a proceeding under RCW 21.20.280 and
21.20.300; but this advice by the director does not preclude
the institution of such a proceeding at any time. [1994 c 256
§ 15; 1979 ex.s. c 68 § 12; 1959 c 282 § 20.]
[Title 21 RCW—page 10]
Findings—Construction—1994 c 256: See RCW 43.320.007.
REGISTRATION BY QUALIFICATION
21.20.210 Registration by qualification—
Statements—Requirements—Audits. Any security may be
registered by qualification. A registration statement under
this section shall contain the following information and be
accompanied by the following documents, in addition to
payment of the registration fee prescribed in RCW
21.20.340, and, if required under RCW 21.20.330, a consent
to service of process meeting the requirements of that
section:
(1) With respect to the issuer and any significant
subsidiary: Its name, address, and form of organization; the
state or foreign jurisdiction and date of its organization; the
general character and location of its business; and a description of its physical properties and equipment.
(2) With respect to every director and officer of the
issuer, or person occupying a similar status or performing
similar functions: His or her name, address, and principal
occupation for the past five years; the amount of securities
of the issuer held by him or her as of a specified date within
ninety days of the filing of the registration statement; the
remuneration paid to all such persons in the aggregate during
the past twelve months, and estimated to be paid during the
next twelve months, directly or indirectly, by the issuer
(together with all predecessors, parents and subsidiaries).
(3) With respect to any person not named in RCW
21.20.210(2), owning of record, or beneficially if known, ten
percent or more of the outstanding shares of any class of
equity security of the issuer: The information specified in
RCW 21.20.210(2) other than his or her occupation.
(4) With respect to every promoter, not named in RCW
21.20.210(2), if the issuer was organized within the past
three years: The information specified in RCW
21.20.210(2), any amount paid to that person by the issuer
within that period or intended to be paid to that person, and
the consideration for any such payment.
(5) The capitalization and long-term debt (on both a
current and a pro forma basis) of the issuer and any significant subsidiary, including a description of each security
outstanding or being registered or otherwise offered, and a
statement of the amount and kind of consideration (whether
in the form of cash, physical assets, services, patents,
goodwill, or anything else) for which the issuer or any
subsidiary has issued any of its securities within the past two
years or is obligated to issue any of its securities.
(6) The kind and amount of securities to be offered; the
amount to be offered in this state; the proposed offering
price and any variation therefrom at which any portion of the
offering is to be made to any persons except as underwriting
and selling discounts and commissions; the estimated
aggregate underwriting and selling discounts or commissions
and finders’ fees (including separately cash, securities, or
anything else of value to accrue to the underwriters in
connection with the offering); the estimated amounts of other
selling expenses, and legal, engineering, and accounting
expenses to be incurred by the issuer in connection with the
offering; the name and address of every underwriter and
every recipient of a finders’ fee; a copy of any underwriting
(2002 Ed.)
Securities Act of Washington
or selling group agreement pursuant to which the distribution
is to be made, or the proposed form of any such agreement
whose terms have not yet been determined; and a description
of the plan of distribution of any securities which are to be
offered otherwise than through an underwriter.
(7) The estimated cash proceeds to be received by the
issuer from the offering; the purposes for which the proceeds
are to be used by the issuer; the amount to be used for each
purpose; the order or priority in which the proceeds will be
used for the purposes stated; the amounts of any funds to be
raised from other sources to achieve the purposes stated, and
the sources of any such funds; and, if any part of the
proceeds is to be used to acquire any property (including
goodwill) otherwise than in the ordinary course of business,
the names and addresses of the vendors and the purchase
price.
(8) A description of any stock options or other security
options outstanding, or to be created in connection with the
offering, together with the amount of any such options held
or to be held by every person required to be named in RCW
21.20.210(2), (3), (4), (5) or (7) and by any person who
holds or will hold ten percent or more in the aggregate of
any such options.
(9) The states in which a registration statement or
similar document in connection with the offering has been or
is expected to be filed.
(10) Any adverse order, judgment, or decree previously
entered in connection with the offering by any court or the
securities and exchange commission; a description of any
pending litigation or proceeding to which the issuer is a
party and which materially affects its business or assets
(including any such litigation or proceeding known to be
contemplated by governmental authorities).
(11) A copy of any prospectus or circular intended as of
the effective date to be used in connection with the offering.
(12) A specimen or copy of the security being registered; a copy of the issuer’s articles of incorporation and
bylaws, as currently in effect; and a copy of any indenture
or other instrument covering the security to be registered.
(13) A signed or conformed copy of an opinion of
counsel, if available, as to the legality of the security being
registered.
(14)(a) The following financial statements:
(i)(A) Balance sheets as of the end of each of the three
most recent fiscal years; and, if the date of the most recent
fiscal year end is more than four months prior to the date of
filing, (B) a balance sheet of the issuer as of a date within
four months prior to the filing of the registration statement.
(ii)(A) Statements of income, shareholders’ equity, and
cash flows for each of the three fiscal years preceding the
date of the latest balance sheet or for the period of the
issuer’s and any predecessor’s existence if less than three
years and (B) statements of income, shareholders’ equity,
and cash flows for any period between the close of the last
fiscal year and the date of the latest balance sheet.
(iii) If any part of the proceeds of the offering is to be
applied to the purchase of any business whose annual sales
or revenues are in excess of fifteen percent of the
registrant’s sales or revenues or involves acquisition of assets
in excess of fifteen percent of the registrant’s assets, except
as specifically exempted by the director, financial statements
(2002 Ed.)
21.20.210
shall be filed which would be required if that business were
the registrant.
(b)(i) If the estimated proceeds to be received from the
offering, together with the proceeds from securities registered under this section during the year preceding the date of
the filing of this registration statement, exceed one million
dollars, the balance sheet specified in (a)(i)(A) of this
subsection as of the end of the last fiscal year and the related
financial statements specified in (a)(ii)(A) of this subsection
for the last fiscal year shall be audited.
(ii) If such proceeds exceed one million dollars but are
not more than five million dollars, the balance sheet specified in (a)(i)(A) of this subsection as of the end of the most
recent fiscal year and the financial statements specified in
(a)(ii)(A) of this subsection for the last fiscal year shall be
audited.
(iii) If such proceeds exceed five million dollars but are
not more than twenty-five million dollars, the balance sheets
specified in (a)(i)(A) of this subsection as of the end of the
last two fiscal years and the related financial statements
specified in (a)(ii)(A) of this subsection for the last two
fiscal years shall be audited.
(iv) If such proceeds exceed twenty-five million dollars,
the balance sheets specified in (a)(i)(A) of this subsection
and the related financial statements specified in (a)(ii)(A) of
this subsection for the last three fiscal years shall be audited.
(c) The financial statements of this subsection and such
other financial information as may be prescribed by the
director shall be prepared as to form and content in accordance with generally accepted accounting principles and with
the rules prescribed by the director, and when applicable,
shall be audited by an independent certified public accountant who is registered and in good standing as a certified
public accountant under the laws of the place of his or her
residence or principal office and who is not an employee,
officer, or member of the board of directors of the issuer or
a holder of the securities of the issuer. An audit report of
such independent certified public accountant shall be based
upon an audit made in accordance with generally accepted
auditing standards. The audit report shall have no limitations
on its scope unless expressly authorized in writing by the
director. The director may also verify such statements by
examining the issuer’s books and records.
(15) The written consent of any accountant, engineer,
appraiser, attorney, or any person whose profession gives
authority to a statement made by him or her, who is named
as having prepared or audited any part of the registration
statement or is named as having prepared or audited a report
or valuation for use in connection with the registration
statement. [1994 c 256 § 16; 1979 ex.s. c 68 § 13; 1973 1st
ex.s. c 171 § 1; 1959 c 282 § 21.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.220 Information not required when nonissuer
distribution. In the case of a nonissuer distribution,
information may not be required under RCW 21.20.210
unless it is known to the person filing the registration
statement or to the persons on whose behalf the distribution
[Title 21 RCW—page 11]
21.20.220
Title 21 RCW: Securities and Investments
is to be made, or can be furnished by them without unreasonable effort or expense. [1959 c 282 § 22.]
21.20.230 Time of taking effect of registration
statement by qualification—Conditions. A registration
statement by qualification under RCW 21.20.210 becomes
effective if no stop order is in effect and no proceeding is
pending under RCW 21.20.280 and 21.20.300, at three
o’clock Pacific standard time in the afternoon of the fifteenth
full business day after the filing of the registration statement
or the last amendment, or at such earlier time as the director
determines. The director may require as a condition of
registration under this section that a prospectus containing
any information necessary for complete disclosure of any
material fact relating to the security offering be sent or given
to each person to whom an offer is made before or concurrently with (1) the first written offer made to him or her
(other than by means of a public advertisement) by or for the
account of the issuer or any other person on whose behalf
the offering is being made, or by any underwriter or brokerdealer who is offering part of an unsold allotment or
subscription taken by him or her as a participant in the
distribution, (2) the confirmation of any sale made by or for
the account of any such person, (3) payment pursuant to any
such sale, or (4) delivery of the security pursuant to any
such sale, whichever first occurs; but the director may accept
for use under any such requirement a current prospectus or
offering circular regarding the same securities filed under the
Securities Act of 1933 or regulations thereunder. [1979 ex.s.
c 68 § 14; 1975 1st ex.s. c 84 § 11; 1974 ex.s. c 77 § 4;
1961 c 37 § 6; 1959 c 282 § 23.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
GENERAL PROVISIONS REGARDING
REGISTRATION OF SECURITIES
21.20.240 Registration statements—Generally. A
registration statement may be filed by the issuer, any other
person on whose behalf the offering is to be made, or a
registered broker-dealer. The director may by rule or
otherwise permit the omission of any item of information or
document from any registration statement. [1975 1st ex.s. c
84 § 12; 1959 c 282 § 24.]
21.20.250 Registration by qualification or coordination—Escrow—Impounding proceeds. The director may
by rule or order require as a condition of registration by
qualification or coordination (1) that any security issued
within the past three years or to be issued to a promoter for
a consideration substantially different from the public
offering price, or to any person for a consideration other
than cash, be deposited in escrow; and (2) that the proceeds
from the sale of the registered security in this state be
impounded until the issuer receives a specified amount from
the sale of the security either in this state or elsewhere. The
director may by rule or order determine the conditions of
any escrow or impounding required hereunder but the
director may not reject a depository solely because of
location in another state. [1979 ex.s. c 68 § 15; 1959 c 282
§ 25.]
[Title 21 RCW—page 12]
21.20.260 Registration by coordination or qualification—Offer and sale—Duration of effectiveness. When
securities are registered by coordination or qualification, they
may be offered and sold by the issuer, any other person on
whose behalf they are registered or by any registered brokerdealer or any person acting within the exemption provided
in RCW 21.20.040. Every registration shall remain effective
until its expiration date or until revoked by the director or
until terminated upon request of the registrant with the
consent of the director. All outstanding securities of the
same class as a registered security are considered to be
registered for the purpose of any nonissuer transaction.
[1975 1st ex.s. c 84 § 13; 1974 ex.s. c 77 § 5; 1959 c 282
§ 26.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.270 Reports by filer of statement—Annual
financial statements. (1) The director may require the
person who filed the registration statement to file reports, not
more often than quarterly to keep reasonably current the
information contained in the registration statement and to
disclose the progress of the offering with respect to registered securities which (a) are issued by a face-amount
certificate company or a redeemable security issued by an
open-end management company or unit investment trust as
those terms are defined in the investment company act of
1940, or (b) are being offered and sold directly by or for the
account of the issuer.
(2) During the period of public offering of securities
registered under the provisions of this chapter by qualification financial data or statements corresponding to those
required under the provisions of RCW 21.20.210 and to the
issuer’s fiscal year shall be filed with the director annually,
not more than one hundred twenty days after the end of each
such year. Such statements at the discretion of the director
or administrator shall be certified by a certified public
accountant who is not an employee of the issuer, and the
director may verify them by examining the issuer’s books
and records. The certificate of such independent certified
public accountant shall be based upon an audit of not less in
scope or procedures followed than that which independent
public accountants would ordinarily make for the purpose of
presenting comprehensive and dependable financial statements, and shall contain such information as the director
may prescribe, by rules in the public interest or for the
protection of investors, as to the nature and scope of the
audit and the findings and opinions of the accountants. Each
such report shall state that such independent certified public
accountant has verified securities owned, either by actual
examination, or by receipt of a certificate from the custodian,
as the director may prescribe by rules. [1995 c 46 § 3; 1975
1st ex.s. c 84 § 14; 1965 c 17 § 3; 1961 c 37 § 7; 1959 c
282 § 27.]
21.20.275 Pending registration—Notice of termination—Application for continuation. The director may in
his or her discretion send notice to the registrant in any
pending registration in which no action has been taken for
nine months immediately prior to the sending of such notice,
advising such registrant that the pending registration will be
(2002 Ed.)
Securities Act of Washington
terminated thirty days from the date of sending unless on or
before the termination date the registrant makes application
in writing to the director showing good cause why it should
be continued as a pending registration. If such application
is not made or good cause shown, the director shall terminate the pending registration. [1994 c 256 § 17; 1979 ex.s.
c 68 § 16; 1974 ex.s. c 77 § 12.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
DENIAL, SUSPENSION AND REVOCATION OF
REGISTRATION OF SECURITIES
21.20.280 Stop orders—Grounds. The director may
issue a stop order denying effectiveness to, or suspending or
revoking the effectiveness of, any registration statement if
the director finds that the order is in the public interest and
that:
(1) The registration statement as of its effective date or
as of any earlier date in the case of an order denying
effectiveness, is incomplete in any material respect or
contains any statement which was, in the light of the circumstances under which it was made, false or misleading with
respect to any material fact;
(2) Any provision of this chapter or any rule, order, or
condition lawfully imposed under this chapter has been
wilfully violated, in connection with the offering by (a) the
person filing the registration statement, (b) the issuer, any
partner, officer, or director of the issuer, any person occupying a similar status or performing similar functions, or any
person directly or indirectly controlling or controlled by the
issuer, but only if the person filing the registration statement
is directly or indirectly controlled by or acting for the issuer,
or (c) any underwriter;
(3) The security registered or sought to be registered is
the subject of a permanent or temporary injunction of any
court of competent jurisdiction entered under any other
federal or state act applicable to the offering; but (a) the
director may not institute a proceeding against an effective
registration statement under this clause more than one year
from the date of the injunction relied on, and (b) the director
may not enter an order under this clause on the basis of an
injunction entered under any other state act unless that order
or injunction was based on facts which would currently
constitute a ground for a stop order under this section;
(4) The issuer’s enterprise or method of business
includes or would include activities which are illegal where
performed;
(5) The offering has worked or tended to work a fraud
upon purchasers or would so operate;
(6) When a security is sought to be registered by
coordination, there has been a failure to comply with the
undertaking required by RCW 21.20.180(7), or
(7) The applicant or registrant has failed to pay the
proper registration fee; but the director may enter only a
denial order under this subsection and shall vacate any such
order when the deficiency has been corrected;
(8) The offering has been or would be made with
unreasonable amounts of underwriters’ and sellers’ discounts,
commissions, or compensation or promoters’ profits or
participation, or unreasonable amounts or kinds of options.
(2002 Ed.)
21.20.275
[1979 ex.s. c 68 § 17; 1975 1st ex.s. c 84 § 15; 1959 c 282
§ 28.]
21.20.290 Stop order prohibited if facts known on
effective date of statement. The director may not enter a
stop order against an effective registration statement on the
basis of a fact or transaction known to the director when the
registration statement became effective. [1979 ex.s. c 68 §
18; 1959 c 282 § 29.]
21.20.300 Notification of entry of stop order—
Hearing—Findings, conclusions, modification, etc. Upon
the entry of a stop order under any part of RCW 21.20.280,
the director shall promptly notify the issuer of the securities
and the applicant or registrant that the order has been entered
and of the reasons therefor and that within fifteen days after
the receipt of a written request the matter will be set down
for hearing. If no hearing is requested within fifteen days
and none is ordered by the director, the director shall enter
written findings of fact and conclusions of law and the order
will remain in effect until it is modified or vacated by the
director. If a hearing is requested or ordered, the director,
after notice of and opportunity for hearings to the issuer and
to the applicant or registrant, shall enter written findings of
fact and conclusions of law and may modify or vacate the
order. The director may modify or vacate a stop order if the
director finds that the conditions which prompted its entry
have changed or that it is otherwise in the public interest to
do so. [1979 ex.s. c 68 § 19; 1959 c 282 § 30.]
EXEMPT SECURITIES
21.20.310 Securities exempt from registration.
RCW 21.20.140 through 21.20.300, inclusive, and 21.20.327
do not apply to any of the following securities:
(1) Any security (including a revenue obligation) issued
or guaranteed by the United States, any state, any political
subdivision of a state, or any agency or corporate or other
instrumentality of one or more of the foregoing; or any certificate of deposit for any of the foregoing; but this exemption does not include any security payable solely from
revenues to be received from a nongovernmental industrial
or commercial enterprise unless such payments are made or
unconditionally guaranteed by a person whose securities are
exempt from registration by subsection (7) or (8) of this
section: PROVIDED, That the director, by rule or order,
may exempt any security payable solely from revenues to be
received from a nongovernmental industrial or commercial
enterprise if the director finds that registration with respect
to such securities is not necessary in the public interest and
for the protection of investors.
(2) Any security issued or guaranteed by Canada, any
Canadian province, any political subdivision of any such
province, any agency or corporate or other instrumentality of
one or more of the foregoing, or any other foreign government with which the United States currently maintains
diplomatic relations, if the security is recognized as a valid
obligation by the issuer or guarantor; but this exemption
does not include any security payable solely from revenues
to be received from a nongovernmental industrial or commercial enterprise unless such payments shall be made or
[Title 21 RCW—page 13]
21.20.310
Title 21 RCW: Securities and Investments
unconditionally guaranteed by a person whose securities are
exempt from registration by subsection (7) or (8) of this
section.
(3) Any security issued by and representing an interest
in or a debt of, or guaranteed by, any bank organized under
the laws of the United States, or any bank or trust company
organized or supervised under the laws of any state.
(4) Any security issued by and representing an interest
in or a debt of, or guaranteed by, any federal savings and
loan association, or any building and loan or similar association organized under the laws of any state and authorized to
do business in this state.
(5) Any security issued by and representing an interest
in or a debt of, or insured or guaranteed by, any insurance
company authorized to do business in this state.
(6) Any security issued or guaranteed by any federal
credit union or any credit union, industrial loan association,
or similar association organized and supervised under the
laws of this state.
(7) Any security issued or guaranteed by any railroad,
other common carrier, public utility, or holding company
which is (a) a registered holding company under the public
utility holding company act of 1935 or a subsidiary of such
a company within the meaning of that act; (b) regulated in
respect of its rates and charges by a governmental authority
of the United States or any state or municipality; or (c)
regulated in respect of the issuance or guarantee of the
security by a governmental authority of the United States,
any state, Canada, or any Canadian province; and equipment
trust certificates in respect of equipment conditionally sold
or leased to a railroad or public utility, if other securities
issued by such railroad or public utility would be exempt
under this subsection.
(8) Any security which meets the criteria for investment
grade securities that the director may adopt by rule.
(9) Any prime quality negotiable commercial paper not
intended to be marketed to the general public and not
advertised for sale to the general public that is of a type
eligible for discounting by federal reserve banks, that arises
out of a current transaction or the proceeds of which have
been or are to be used for a current transaction, and that
evidences an obligation to pay cash within nine months of
the date of issuance, exclusive of days of grace, or any
renewal of such paper which is likewise limited, or any
guarantee of such paper or of any such renewal.
(10) Any security issued in connection with an
employee’s stock purchase, savings, pension, profit-sharing,
or similar benefit plan if: (a) The plan meets the requirements for qualification as a pension, profit sharing, or
stock bonus plan under section 401 of the internal revenue
code, as an incentive stock option plan under section 422 of
the internal revenue code, as a nonqualified incentive stock
option plan adopted with or as a supplement to an incentive
stock option plan under section 422 of the internal revenue
code, or as an employee stock purchase plan under section
423 of the internal revenue code; or (b) the director is
notified in writing with a copy of the plan thirty days before
offering the plan to employees in this state. In the event of
late filing of notification the director may upon application,
for good cause excuse such late filing if he or she finds it in
the public interest to grant such relief.
[Title 21 RCW—page 14]
(11) Any security issued by any person organized and
operated as a nonprofit organization as defined in RCW
84.36.800(4) exclusively for religious, educational, fraternal,
or charitable purposes and which nonprofit organization also
possesses a current tax exempt status under the laws of the
United States, which security is offered or sold only to
persons who, prior to their solicitation for the purchase of
said securities, were members of, contributors to, or listed as
participants in, the organization, or their relatives, if such
nonprofit organization first files a notice specifying the terms
of the offering and the director does not by order disallow
the exemption within the next ten full business days:
PROVIDED, That no offerings may be made until expiration
of the ten full business days. Every such nonprofit organization which files a notice of exemption of such securities
shall pay a filing fee as set forth in RCW 21.20.340(11) as
now or hereafter amended.
The notice shall consist of the following:
(a) The name and address of the issuer;
(b) The names, addresses, and telephone numbers of the
current officers and directors of the issuer;
(c) A short description of the security, price per security, and the number of securities to be offered;
(d) A statement of the nature and purposes of the
organization as a basis for the exemption under this section;
(e) A statement of the proposed use of the proceeds of
the sale of the security; and
(f) A statement that the issuer shall provide to a
prospective purchaser written information regarding the
securities offered prior to consummation of any sale, which
information shall include the following statements: (i)
"ANY PROSPECTIVE PURCHASER IS ENTITLED TO
REVIEW FINANCIAL STATEMENTS OF THE ISSUER
WHICH SHALL BE FURNISHED UPON REQUEST."; (ii)
"RECEIPT OF NOTICE OF EXEMPTION BY THE
WASHINGTON ADMINISTRATOR OF SECURITIES
DOES NOT SIGNIFY THAT THE ADMINISTRATOR
HAS APPROVED OR RECOMMENDED THESE SECURITIES, NOR HAS THE ADMINISTRATOR PASSED UPON
THE OFFERING. ANY REPRESENTATION TO THE
CONTRARY IS A CRIMINAL OFFENSE."; and (iii) "THE
RETURN OF THE FUNDS OF THE PURCHASER IS
DEPENDENT UPON THE FINANCIAL CONDITION OF
THE ORGANIZATION."
(12) Any charitable gift annuities issued by a board of
a state university, regional university, or of the state college.
(13) Any charitable gift annuity issued by an insurer or
institution holding a certificate of exemption under RCW
48.38.010. [2002 c 65 § 5; 1998 c 15 § 13; 1995 c 46 § 4;
1994 c 256 § 18; 1981 c 272 § 5; 1979 ex.s. c 68 § 20;
1979 c 130 § 4; 1979 c 8 § 1. Prior: 1977 ex.s. c 188 § 2;
1977 ex.s. c 172 § 1; 1975 1st ex.s. c 84 § 16; 1959 c 282
§ 31.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—1979 c 130: See note following RCW 28B.10.485.
EXEMPT TRANSACTIONS
21.20.320 Exempt transactions. The following
transactions are exempt from RCW 21.20.040 through
21.20.300 and 21.20.327 except as expressly provided:
(2002 Ed.)
Securities Act of Washington
(1) Any isolated transaction, or sales not involving a
public offering, whether effected through a broker-dealer or
not; or any transaction effected in accordance with any rule
by the director establishing a nonpublic offering exemption
pursuant to this subsection where registration is not necessary or appropriate in the public interest or for the protection
of investors.
(2) Any nonissuer transaction by a registered salesperson of a registered broker-dealer, and any resale transaction
by a sponsor of a unit investment trust registered under the
Investment Company Act of 1940 pursuant to any rule
adopted by the director.
(3) Any nonissuer transaction effected by or through a
registered broker-dealer pursuant to an unsolicited order or
offer to buy; but the director may by rule require that the
customer acknowledge upon a specified form that the sale
was unsolicited, and that a signed copy of each such form be
preserved by the broker-dealer for a specified period.
(4) Any transaction between the issuer or other person
on whose behalf the offering is made and an underwriter, or
among underwriters.
(5) Any transaction in a bond or other evidence of
indebtedness secured by a real or chattel mortgage or deed
of trust, or by an agreement for the sale of real estate or
chattels, if the entire mortgage, deed of trust, or agreement,
together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit. A bond
or other evidence of indebtedness is not offered and sold as
a unit if the transaction involves:
(a) A partial interest in one or more bonds or other
evidences of indebtedness secured by a real or chattel
mortgage or deed of trust, or by an agreement for the sale of
real estate or chattels; or
(b) One of multiple bonds or other evidences of indebtedness secured by one or more real or chattel mortgages or
deeds of trust, or agreements for the sale of real estate or
chattels, sold to more than one purchaser as part of a single
plan of financing; or
(c) A security including an investment contract other
than the bond or other evidence of indebtedness.
(6) Any transaction by an executor, administrator,
sheriff, marshal, receiver, trustee in bankruptcy, guardian, or
conservator.
(7) Any transaction executed by a bona fide pledgee
without any purpose of evading this chapter.
(8) Any offer or sale to a bank, savings institution, trust
company, insurance company, investment company as
defined in the Investment Company Act of 1940, pension or
profit-sharing trust, or other financial institution or institutional buyer, or to a broker-dealer, whether the purchaser is
acting for itself or in some fiduciary capacity.
(9) Any transaction effected in accordance with the
terms and conditions of any rule adopted by the director if:
(a) The aggregate offering amount does not exceed five
million dollars; and
(b) The director finds that registration is not necessary
in the public interest and for the protection of investors.
(10) Any offer or sale of a preorganization certificate or
subscription if (a) no commission or other remuneration is
paid or given directly or indirectly for soliciting any prospective subscriber, (b) the number of subscribers does not
exceed ten, and (c) no payment is made by any subscriber.
(2002 Ed.)
21.20.320
(11) Any transaction pursuant to an offer to existing
security holders of the issuer, including persons who at the
time of the transaction are holders of convertible securities,
nontransferable warrants, or transferable warrants exercisable
within not more than ninety days of their issuance, if (a) no
commission or other remuneration (other than a standby
commission) is paid or given directly or indirectly for
soliciting any security holder in this state, or (b) the issuer
first files a notice specifying the terms of the offer and the
director does not by order disallow the exemption within the
next five full business days.
(12) Any offer (but not a sale) of a security for which
registration statements have been filed under both this
chapter and the Securities Act of 1933 if no stop order or
refusal order is in effect and no public proceeding or
examination looking toward such an order is pending under
either act.
(13) The issuance of any stock dividend, whether the
corporation distributing the dividend is the issuer of the
stock or not, if nothing of value is given by stockholders for
the distribution other than the surrender of a right to a cash
dividend where the stockholder can elect to take a dividend
in cash or stock.
(14) Any transaction incident to a right of conversion or
a statutory or judicially approved reclassification, recapitalization, reorganization, quasi reorganization, stock split,
reverse stock split, merger, consolidation, or sale of assets.
(15) The offer or sale by a registered broker-dealer, or
a person exempted from the registration requirements
pursuant to RCW 21.20.040, acting either as principal or
agent, of securities previously sold and distributed to the
public: PROVIDED, That:
(a) Such securities are sold at prices reasonably related
to the current market price thereof at the time of sale, and,
if such broker-dealer is acting as agent, the commission
collected by such broker-dealer on account of the sale
thereof is not in excess of usual and customary commissions
collected with respect to securities and transactions having
comparable characteristics;
(b) Such securities do not constitute the whole or a part
of an unsold allotment to or subscription or participation by
such broker-dealer as an underwriter of such securities or as
a participant in the distribution of such securities by the
issuer, by an underwriter or by a person or group of persons
in substantial control of the issuer or of the outstanding
securities of the class being distributed; and
(c) The security has been lawfully sold and distributed
in this state or any other state of the United States under this
or any act regulating the sale of such securities.
(16) Any transaction by a mutual or cooperative
association meeting the requirements of (a) and (b) of this
subsection:
(a) The transaction:
(i) Does not involve advertising or public solicitation; or
(ii) Involves advertising or public solicitation, and:
(A) The association first files a notice of claim of
exemption on a form prescribed by the director specifying
the terms of the offer and the director does not by order
deny the exemption within the next ten full business days; or
(B) The association is an employee cooperative and
identifies itself as an employee cooperative in advertising or
public solicitation.
[Title 21 RCW—page 15]
21.20.320
Title 21 RCW: Securities and Investments
(b) The transaction involves an instrument or interest,
that:
(i)(A) Qualifies its holder to be a member or patron of
the association;
(B) Represents a contribution of capital to the association by a person who is or intends to become a member or
patron of the association;
(C) Represents a patronage dividend or other patronage
allocation; or
(D) Represents the terms or conditions by which a
member or patron purchases, sells, or markets products,
commodities, or services from, to, or through the association;
and
(ii) Is nontransferable except in the case of death,
operation of law, bona fide transfer for security purposes
only to the association, a bank, or other financial institution,
intrafamily transfer, or transfer to an existing member or
person who will become a member and, in the case of an
instrument, so states conspicuously on its face.
(17) Any transaction effected in accordance with any
rule adopted by the director establishing a limited offering
exemption which furthers objectives of compatibility with
federal exemptions and uniformity among the states, provided that in adopting any such rule the director may require
that no commission or other remuneration be paid or given
to any person, directly or indirectly, for effecting sales unless
the person is registered under this chapter as a broker-dealer
or salesperson. [1998 c 15 § 14; 1989 c 307 § 34. Prior:
1987 c 457 § 13; 1987 c 421 § 9; 1986 c 90 § 1; 1981 c 272
§ 6; 1979 ex.s. c 68 § 21; 1977 ex.s. c 172 § 2; 1975 1st
ex.s. c 84 § 17; 1974 ex.s. c 77 § 6; 1972 ex.s. c 79 § 1;
1961 c 37 § 8; 1959 c 282 § 32.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
Severability—1987 c 457: See RCW 23.78.902.
Application—Severability—1987 c 421: See notes following RCW
21.20.705.
Effective date—1986 c 90: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1986." [1986 c 90 § 3.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
EXEMPT SECURITIES AND TRANSACTIONS
21.20.325 Denial, revocation, condition, of exemptions—Authority—Procedure. The director or administrator may by order deny, revoke, or condition any exemption
specified in subsections (10), (11), (12) or (13) of RCW
21.20.310 or in RCW 21.20.320, as now or hereafter
amended, with respect to a specific security or transaction.
No such order may be entered without appropriate prior
notice to all interested parties, opportunity for hearing, and
written findings of fact and conclusions of law, except that
the director or administrator may by order summarily deny,
revoke, or condition any of the specified exemptions pending
final determination of any proceeding under this section.
Upon the entry of a summary order, the director or administrator shall promptly notify all interested parties that it has
been entered and of the reasons therefor and that within
fifteen days of the receipt of a written request the matter will
[Title 21 RCW—page 16]
be set down for hearing. If no hearing is requested and none
is ordered by the director or administrator, the order will
remain in effect until it is modified or vacated by the
director or administrator. If a hearing is requested or
ordered, the director or administrator, after notice of and
opportunity for hearing to all interested persons, may modify
or vacate the order or extend it until final determination. No
order under this section may operate retroactively. No
person may be considered to have violated RCW 21.20.140
as now or hereafter amended by reason of any offer or sale
effected after the entry of an order under this section if he
or she sustains the burden of proof that he or she did not
know, and in the exercise of reasonable care could not have
known, of the order. [1979 ex.s. c 68 § 22; 1979 c 130 §
14; 1977 ex.s. c 188 § 3; 1975 1st ex.s. c 84 § 18; 1974
ex.s. c 77 § 7; 1967 c 199 § 3.]
Severability—1979 c 130: See note following RCW 28B.10.485.
FEDERAL COVERED SECURITY
21.20.327 Required filings—Consent to service—
Failure to comply—Rules—Fees. (1) The director, by rule
or otherwise, may require the filing of any or all of the
following documents and the payment of the following fees
with respect to a federal covered security under section
18(b)(2) of the Securities Act of 1933:
(a) Prior to the initial offer of such a federal covered
security in this state, all documents that are part of the
current federal registration statement filed with the U.S.
securities and exchange commission under the Securities Act
of 1933, together with a consent to service of process signed
by the issuer and the fee prescribed by RCW 21.20.340;
(b) After the initial offer of such a federal covered
security in this state, all documents that are part of an
amendment to a current federal registration statement filed
with the U.S. securities and exchange commission under the
Securities Act of 1933 and all fees prescribed by RCW
21.20.340; and
(c) An annual or periodic report of the value of such
federal covered securities offered in this state, together with
the fee prescribed by RCW 21.20.340.
(2) With respect to any security that is a federal covered
security under section 18(b)(4)(D) of the Securities Act of
1933, the director, by rule or otherwise, may require the
issuer to file a notice on SEC Form D, together with a
consent to service of process signed by the issuer and the fee
prescribed pursuant to RCW 21.20.340, no later than fifteen
days after the first sale of such a federal covered security in
this state.
(3) The director, by rule or otherwise, may require the
filing of any document filed with the U.S. securities and
exchange commission under the Securities Act of 1933, with
respect to a federal covered security under section 18(b) (3)
or (4) of the Securities Act of 1933 and/or the payment of
the fee prescribed pursuant to RCW 21.20.340.
(4) The director may issue a stop order suspending the
offer and sale of a federal covered security, except a federal
covered security under section 18(b)(1) of the Securities Act
of 1933, if the director finds that there is a failure to comply
with any requirement established under this section.
(2002 Ed.)
Securities Act of Washington
(5) The director, by rule or otherwise, may waive
any or all of the provisions of this section. [1998 c 15 §
12.]
CONSENT TO SERVICE OF PROCESS
21.20.330 Consent to service of process—Service,
how made. Every applicant for registration as a brokerdealer, investment adviser, investment adviser representative,
or salesperson under this chapter, every issuer that files an
application to register or files a claim of exemption from
registration to offer a security in this state through any
person acting on an agency basis in the common law sense,
and every person filing pursuant to RCW 21.20.050 or
21.20.327 shall file with the director or with such person as
the director may by rule or order designate, in such form as
the director by rule prescribes, an irrevocable consent
appointing the director or the director’s successor in office
to be the attorney of the applicant to receive service of any
lawful process in any noncriminal suit, action, or proceeding
against the applicant or the applicant’s successor, executor
or administrator which arises under this chapter or any rule
or order hereunder after the consent has been filed, with the
same force and validity as if served personally on the person
filing the consent. A person who has filed such a consent in
connection with a previous registration, or notice filing
pursuant to RCW 21.20.050 or 21.20.327, need not file
another. Service may be made by leaving a copy of the
process in the office of the director, but it is not effective
unless (1) the plaintiff, who may be the director in a suit,
action, or proceeding instituted by him or her, forthwith
sends notice of the service and a copy of the process by
registered mail to the defendant or respondent at the last
address of the respondent or defendant on file with the
director, and (2) the plaintiff’s affidavit of compliance with
this section is filed in the case on or before the return day of
the process, if any, or within such further time as the court
allows. [1998 c 15 § 15; 1994 c 256 § 19; 1979 ex.s. c 68
§ 23; 1975 1st ex.s. c 84 § 19; 1959 c 282 § 33.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
FEES
21.20.340 Fees—Disposition. The following fees
shall be paid in advance under the provisions of this chapter:
(1)(a) For registration of securities by qualification, the
fee shall be one hundred dollars for the first one hundred
thousand dollars of initial issue, or portion thereof in this
state, based on offering price, plus one-twentieth of one
percent for any excess over one hundred thousand dollars
which are to be offered during that year: PROVIDED,
HOWEVER, That an issuer may upon the payment of a
fifty-dollar fee renew for one additional twelve-month period
only the unsold portion for which the registration fee has
been paid.
(b) For the offer of a federal covered security that (i) is
an exempt security pursuant to section 3(2) of the Securities
Act of 1933, and (ii) would not qualify for the exemption or
a discretionary order of exemption pursuant to RCW
21.20.310(1), the fee shall be one hundred dollars for the
first one hundred thousand dollars of initial issue, or portion
(2002 Ed.)
21.20.327
thereof in this state, based on offering price, plus onetwentieth of one percent for any excess over one hundred
thousand dollars which are to be offered during that year:
PROVIDED, HOWEVER, That an issuer may upon the
payment of a fifty-dollar fee renew for one additional
twelve-month period only the unsold portion for which the
filing fee has been paid.
(2)(a) For registration by coordination of securities
issued by an investment company, other than a closed-end
company, as those terms are defined in the Investment
Company Act of 1940, the fee shall be one hundred dollars
for the first one hundred thousand dollars of initial issue, or
portion thereof in this state, based on offering price, plus
one-twentieth of one percent for any excess over one
hundred thousand dollars which are to be offered in this state
during that year: PROVIDED, HOWEVER, That an issuer
may upon the payment of a fifty-dollar fee renew for one
additional twelve-month period the unsold portion for which
the registration fee has been paid.
(b) For each offering by an investment company, other
than a closed-end company, as those terms are defined in the
Investment Company Act of 1940, making a notice filing
pursuant to RCW 21.20.327(1), the initial filing fee shall be
one hundred dollars for the first one hundred thousand
dollars of initial issue, or portion thereof in this state, based
on offering price, plus one-twentieth of one percent for any
excess over one hundred thousand dollars which are to be
offered in this state during that year. The amount offered in
this state during the year may be increased by paying onetwentieth of one percent of the desired increase, based on
offering price, prior to the sale of securities to be covered by
the fee: PROVIDED, HOWEVER, That an issuer may upon
the payment of a fifty-dollar fee renew for one additional
twelve-month period the unsold portion for which the filing
fee has been paid.
(3)(a) For registration by coordination of securities not
covered by subsection (2) of this section, the initial filing fee
shall be one hundred dollars for the first one hundred
thousand dollars of initial issue, or portion thereof in this
state, based on offering price, plus one-fortieth of one
percent for any excess over one hundred thousand dollars for
the first twelve-month period plus one hundred dollars for
each additional twelve months in which the same offering is
continued. The amount offered in this state during the year
may be increased by paying one-fortieth of one percent of
the desired increase, based on offering price, prior to the sale
of securities to be covered by the fee.
(b) For each offering by a closed-end investment
company, making a notice filing pursuant to RCW
21.20.327(1), the initial filing fee shall be one hundred dollars for the first one hundred thousand dollars of initial issue,
or portion thereof in this state, based on offering price, plus
one-fortieth of one percent for any excess over one hundred
thousand dollars for the first twelve-month period plus one
hundred dollars for each additional twelve months in which
the same offering is continued. The amount offered in this
state during the year may be increased by paying one-fortieth
of one percent of the desired increase, based on offering
price, prior to the sale of securities to be covered by the fee.
(4) For filing annual financial statements, the fee shall
be twenty-five dollars.
[Title 21 RCW—page 17]
21.20.340
Title 21 RCW: Securities and Investments
(5)(a) For filing an amended offering circular after the
initial registration permit has been granted or pursuant to
RCW 21.20.327(1)(b), the fee shall be ten dollars.
(b) For filing a report under RCW 21.20.270(1) or
21.20.327(1)(c), the fee shall be ten dollars.
(6)(a) For registration of a broker-dealer or investment
adviser, the fee shall be one hundred fifty dollars for original
registration and seventy-five dollars for each annual renewal.
When an application is denied or withdrawn the director
shall retain one-half of the fee.
(b) For a federal covered adviser filing pursuant to
RCW 21.20.050, the fee shall be one hundred fifty dollars
for original notification and seventy-five dollars for each
annual renewal. A fee shall not be assessed in connection
with converting an investment adviser registration to a notice
filing when the investment adviser becomes a federal
covered adviser.
(7) For registration of a salesperson or investment
adviser representative, the fee shall be forty dollars for
original registration with each employer and twenty dollars
for each annual renewal. When an application is denied or
withdrawn the director shall retain one-half of the fee.
(8) If a registration, or filing pursuant to RCW
21.20.050, of a broker-dealer, salesperson, investment
adviser, federal covered adviser, or investment adviser
representative is not renewed on or before December 31st of
each year the renewal is delinquent. The director by rule or
order may set and assess a fee for delinquency not to exceed
two hundred dollars. Acceptance by the director of an
application for renewal after December 31st is not a waiver
of delinquency. A delinquent application for renewal will
not be accepted for filing after March 1st.
(9)(a) For the transfer of a broker-dealer license to a
successor, the fee shall be fifty dollars.
(b) For the transfer of a salesperson license from a
broker-dealer or issuer to another broker-dealer or issuer, the
transfer fee shall be twenty-five dollars.
(c) For the transfer of an investment adviser representative license from an investment adviser to another investment
adviser, the transfer fee shall be twenty-five dollars.
(d) For the transfer of an investment adviser license to
a successor, the fee shall be fifty dollars.
(10)(a) The director may provide by rule for the filing
of notice of claim of exemption under RCW 21.20.320 (1),
(9), and (17) and set fees accordingly not to exceed three
hundred dollars.
(b) For the filing required by RCW 21.20.327(2), the
fee shall be three hundred dollars.
(11) For filing of notification of claim of exemption
from registration pursuant to RCW 21.20.310(11), as now or
hereafter amended, the fee shall be fifty dollars for each
filing.
(12) For rendering interpretative opinions, the fee shall
be thirty-five dollars.
(13) For certified copies of any documents filed with the
director, the fee shall be the cost to the department.
(14) For a duplicate license the fee shall be five dollars.
All fees collected under this chapter shall be turned in
to the state treasury and are not refundable, except as herein
provided. [1998 c 15 § 16; 1995 c 46 § 5; 1994 c 256 § 20;
1988 c 244 § 17; 1986 c 90 § 2; 1981 c 272 § 7; 1979 ex.s.
c 68 § 24. Prior: 1977 ex.s. c 188 § 4; 1977 ex.s. c 172 §
[Title 21 RCW—page 18]
3; 1975 1st ex.s. c 84 § 20; 1974 ex.s. c 77 § 8; 1965 c 17
§ 4; 1961 c 37 § 9; 1959 c 282 § 34.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—1986 c 90: See note following RCW 21.20.320.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
Effective date—1965 c 17: "Section 4 of this amendatory act shall
take effect July 1, 1965." [1965 c 17 § 6.]
MISLEADING FILINGS
21.20.350 False or misleading statements in filed
documents. It is unlawful for any person to make or cause
to be made, in any document filed with the director or in
any proceeding under this chapter, any statement which is,
at the time and in the light of the circumstances under which
it is made, false or misleading in any material respect.
[1959 c 282 § 35.]
UNLAWFUL REPRESENTATIONS CONCERNING
REGISTRATION OR EXEMPTION
21.20.360 Filing, registration, statement, exemption
not conclusive as to truth or completeness—Unlawful
representations. Neither the fact that an application for
registration under RCW 21.20.050, a registration statement
under RCW 21.20.180 or 21.20.210 has been filed, nor the
fact that a person or security if effectively registered,
constitutes a finding by the director that any document filed
under this chapter is true, complete, and not misleading.
Neither any such fact nor the fact that an exemption or
exception is available for a security or a transaction means
that the director has passed in any way upon the merits of
qualifications of, or recommended or given approval to, any
person, security, or transaction. It is unlawful to make, or
cause to be made, to any prospective purchaser, customer, or
client any representation inconsistent with this section.
[1975 1st ex.s. c 84 § 21; 1959 c 282 § 36.]
INVESTIGATIONS AND SUBPOENAS
21.20.370 Investigations—Statement of facts
relating to investigation may be permitted—Publication
of information—Use of criminal history record information. (1) The director in his or her discretion (a) may
annually, or more frequently, make such public or private
investigations within or without this state as the director
deems necessary to determine whether any registration
should be granted, denied or revoked or whether any person
has violated, is violating, or is about to violate any provision
of this chapter or any rule or order under this chapter, or to
aid in the enforcement of this chapter or in the adoption of
rules and forms under this chapter, (b) may engage in the
detection and identification of criminal activities subject to
this chapter, (c) may require or permit any person to testify
or to file a statement in writing, under oath or otherwise as
the director may determine, as to all the facts and circumstances concerning the matter to be investigated, and (d) may
publish information concerning a proceeding, an investiga(2002 Ed.)
Securities Act of Washington
tion, or any violation of this chapter or any rule or order
under this chapter, if the director determines it is necessary
or appropriate in the public interest or for the protection of
investors.
(2) The enforcement unit of the securities division of the
department of financial institutions may be authorized to
receive criminal history record information in connection
with the investigation of criminal activities subject to this
chapter. [2002 c 65 § 6; 1998 c 15 § 17; 1994 c 256 § 21;
1979 ex.s. c 68 § 25; 1973 1st ex.s. c 171 § 2; 1959 c 282
§ 37.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
Investigations, additional authority, scope: RCW 21.20.700.
21.20.380 Oaths—Subpoenas—Assisting another
state—Compelling obedience—Punishment. (1) For the
purpose of any investigation or proceeding under this
chapter, the director or any officer designated by the director
may administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the
director deems relevant or material to the inquiry.
(2) If the activities constituting an alleged violation for
which the information is sought would be a violation of this
chapter had the activities occurred in this state, the director
may issue and apply to enforce subpoenas in this state at the
request of a securities agency or administrator of another
state.
(3) A subpoena issued to a financial institution under
this section may, if the director finds it necessary or appropriate in the public interest or for the protection of investors,
include a directive that the financial institution subpoenaed
shall not disclose to third parties that are not affiliated with
the financial institution, other than to the institution’s legal
counsel, the existence or content of the subpoena.
(4) In case of disobedience on the part of any person to
comply with any subpoena lawfully issued by the director,
the refusal of any witness to testify to any matters regarding
which the witness may be lawfully interrogated, or the failure to comply with a nondisclosure directive under subsection (3) of this section, a court of competent jurisdiction of
any county or the judge thereof, on application of the
director, and after satisfactory evidence of willful disobedience, may compel obedience by proceedings for contempt,
as in the case of disobedience of the requirements of a
subpoena issued from such a court on a refusal to testify
therein. [2002 c 65 § 7; 1995 c 46 § 6; 1994 c 256 § 22;
1979 ex.s. c 68 § 26; 1975 1st ex.s. c 84 § 22; 1974 ex.s. c
77 § 9; 1959 c 282 § 38.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
INJUNCTIONS AND OTHER REMEDIES
21.20.390 Injunction, cease and desist order,
restraining order, mandamus—Appointment of receiver
or conservator for insolvent—Restitution or damages.
Whenever it appears to the director that any person has
(2002 Ed.)
21.20.370
engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule
or order hereunder, the director may in his or her discretion:
(1) Issue an order directing the person to cease and
desist from continuing the act or practice and to take
appropriate affirmative action within a reasonable period of
time, as prescribed by the director, to correct conditions resulting from the act or practice including, without limitation,
a requirement to provide restitution: PROVIDED, That
reasonable notice of and opportunity for a hearing shall be
given: PROVIDED, FURTHER, That the director may issue
a temporary order pending the hearing which shall remain in
effect until ten days after the hearing is held and which shall
become final if the person to whom notice is addressed does
not request a hearing within fifteen days after the receipt of
notice; or
(2) The director may without issuing a cease and desist
order, bring an action in any court of competent jurisdiction
to enjoin any such acts or practices and to enforce compliance with this chapter or any rule or order hereunder. The
court may grant such ancillary relief as it deems appropriate.
Upon a proper showing a permanent or temporary injunction,
restraining order, or writ of mandamus shall be granted and
a receiver or conservator may be appointed for the defendant
or the defendant’s assets. The director may not be required
to post a bond. If the director prevails, the director shall be
entitled to a reasonable attorney’s fee to be fixed by the
court.
(3) Whenever it appears to the director that any person
who has received a permit to issue, sell, or otherwise dispose
of securities under this chapter, whether current or otherwise,
has become insolvent, the director may petition a court of
competent jurisdiction to appoint a receiver or conservator
for the defendant or the defendant’s assets. The director
may not be required to post a bond.
(4) The director may bring an action for restitution or
damages on behalf of the persons injured by a violation of
this chapter, if the court finds that private civil action would
be so burdensome or expensive as to be impractical. [1995
c 46 § 7; 1994 c 256 § 23; 1981 c 272 § 8; 1979 ex.s. c 68
§ 27; 1975 1st ex.s. c 84 § 23; 1974 ex.s. c 77 § 10; 1959
c 282 § 39.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
21.20.395 Administrative action—Hearing—Judicial
review—Judgment. (1) A person who, in an administrative
action by the director, is found to have knowingly or
recklessly violated any provision of this chapter, or any rule
or order under this chapter, may be fined, after notice and
opportunity for hearing, in an amount not to exceed five
thousand dollars for each violation.
(2) If a petition for judicial review has not been timely
filed under RCW 34.05.542(2), a certified copy of the
director’s order requiring payment of the fine may be filed
in the office of the clerk of the superior court in any county
of this state. The clerk shall treat the order of the director
in the same manner as a judgment of the superior court.
The director’s order so filed has the same effect as a
judgment of the superior court and may be recorded,
enforced, or satisfied in like manner. [1998 c 15 § 18.]
[Title 21 RCW—page 19]
21.20.400
Title 21 RCW: Securities and Investments
CRIMINAL LIABILITIES
21.20.400 Penalty for violation of chapter—
Limitation of actions. Any person who wilfully violates
any provision of this chapter except RCW 21.20.350, or who
wilfully violates any rule or order under this chapter, or who
wilfully violates RCW 21.20.350 knowing the statement
made to be false or misleading in any material respect, shall
upon conviction be fined not more than five thousand dollars
or imprisoned not more than ten years, or both; but no
person may be imprisoned for the violation of any rule or
order if that person proves that he or she had no knowledge
of the rule or order. No indictment or information may be
returned under this chapter more than five years after the
alleged violation. [1979 ex.s. c 68 § 28; 1965 c 17 § 5;
1959 c 282 § 40.]
21.20.410 Attorney general, prosecuting attorney
may institute criminal proceeding—Referral of evidence
by director. (1) The director may refer such evidence as
may be available concerning violations of this chapter or of
any rule or order hereunder to the attorney general or the
proper prosecuting attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter.
(2) The director may render such assistance as the
prosecuting attorney requests regarding a reference. [1998
c 15 § 19; 1979 ex.s. c 68 § 29; 1959 c 282 § 41.]
21.20.420 Criminal punishment, chapter not
exclusive. Nothing in this chapter limits the power of the
state to punish any person for any conduct which constitutes
a crime by statute or at common law. [1959 c 282 § 42.]
CIVIL LIABILITIES
21.20.430 Civil liabilities—Survival, limitation of
actions—Waiver of chapter void—Scienter. (1) Any
person, who offers or sells a security in violation of any
provisions of RCW 21.20.010, 21.20.140 (1) or (2), or
21.20.180 through 21.20.230, is liable to the person buying
the security from him or her, who may sue either at law or
in equity to recover the consideration paid for the security,
together with interest at eight percent per annum from the
date of payment, costs, and reasonable attorneys’ fees, less
the amount of any income received on the security, upon the
tender of the security, or for damages if he or she no longer
owns the security. Damages are the amount that would be
recoverable upon a tender less (a) the value of the security
when the buyer disposed of it and (b) interest at eight
percent per annum from the date of disposition.
(2) Any person who buys a security in violation of the
provisions of RCW 21.20.010 is liable to the person selling
the security to him or her, who may sue either at law or in
equity to recover the security, together with any income
received on the security, upon tender of the consideration received, costs, and reasonable attorneys’ fees, or if the
security cannot be recovered, for damages. Damages are the
value of the security when the buyer disposed of it, and any
income received on the security, less the consideration
received for the security, plus interest at eight percent per
[Title 21 RCW—page 20]
annum from the date of disposition, costs, and reasonable
attorneys’ fees.
(3) Every person who directly or indirectly controls a
seller or buyer liable under subsection (1) or (2) above,
every partner, officer, director or person who occupies a
similar status or performs a similar function of such seller or
buyer, every employee of such a seller or buyer who
materially aids in the transaction, and every broker-dealer,
salesperson, or person exempt under the provisions of RCW
21.20.040 who materially aids in the transaction is also liable
jointly and severally with and to the same extent as the seller
or buyer, unless such person sustains the burden of proof
that he or she did not know, and in the exercise of reasonable care could not have known, of the existence of the facts
by reason of which the liability is alleged to exist. There is
contribution as in cases of contract among the several
persons so liable.
(4)(a) Every cause of action under this statute survives
the death of any person who might have been a plaintiff or
defendant.
(b) No person may sue under this section more than
three years after the contract of sale for any violation of the
provisions of RCW 21.20.140 (1) or (2) or 21.20.180
through 21.20.230, or more than three years after a violation
of the provisions of RCW 21.20.010, either was discovered
by such person or would have been discovered by him or her
in the exercise of reasonable care. No person may sue under
this section if the buyer or seller receives a written rescission
offer, which has been passed upon by the director before suit
and at a time when he or she owned the security, to refund
the consideration paid together with interest at eight percent
per annum from the date of payment, less the amount of any
income received on the security in the case of a buyer, or
plus the amount of income received on the security in the
case of a seller.
(5) No person who has made or engaged in the performance of any contract in violation of any provision of this
chapter or any rule or order hereunder, or who has acquired
any purported right under any such contract with knowledge
of the facts by reason of which its making or performance
was in violation, may base any suit on the contract. Any
condition, stipulation, or provision binding any person
acquiring any security to waive compliance with any
provision of this chapter or any rule or order hereunder is
void.
(6) Any tender specified in this section may be made at
any time before entry of judgment.
(7) Notwithstanding subsections (1) through (6) of this
section, if an initial offer or sale of securities that are exempt
from registration under RCW 21.20.310 is made by this state
or its agencies, political subdivisions, municipal or quasimunicipal corporations, or other instrumentality of one or
more of the foregoing and is in violation of RCW
21.20.010(2), and any such issuer, member of the governing
body, committee member, public officer, director, employee,
or agent of such issuer acting on its behalf, or person in
control of such issuer, member of the governing body,
committee member, public officer, director, employee, or
agent of such person acting on its behalf, materially aids in
the offer or sale, such person is liable to the purchaser of the
security only if the purchaser establishes scienter on the part
of the defendant. The word "employee" or the word "agent,"
(2002 Ed.)
Securities Act of Washington
21.20.430
as such words are used in this subsection, do not include a
bond counsel or an underwriter. Under no circumstances
whatsoever shall this subsection be applied to require
purchasers to establish scienter on the part of bond counsels
or underwriters. The provisions of this subsection are
retroactive and apply to any action commenced but not final
before July 27, 1985. In addition, the provisions of this
subsection apply to any action commenced on or after July
27, 1985. [1998 c 15 § 20; 1986 c 304 § 1; 1985 c 171 §
1; 1981 c 272 § 9; 1979 ex.s. c 68 § 30; 1977 ex.s. c 172 §
4; 1975 1st ex.s. c 84 § 24; 1974 ex.s. c 77 § 11; 1967 c
199 § 2; 1959 c 282 § 43.]
taken before the director and to be adduced upon the hearing
in such manner and upon such conditions as the court may
consider proper. The director may modify his or her
findings by reason of the additional evidence so taken; and
the director shall file any modified or new findings, which
if supported by substantial evidence shall be conclusive, and
any recommendation for the modification or setting aside of
the original order. The commencement of proceedings under
this section does not, unless specifically ordered by the
court, operate as a stay of the director’s order. [1979 ex.s.
c 68 § 32; 1959 c 282 § 44.]
Severability—1986 c 304: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 304 § 2.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
ADMINISTRATION OF CHAPTER
DISCONTINUANCE OF VIOLATIONS
21.20.435 Assurance of discontinuance of violations—Acceptance—Filing. In the enforcement of this
chapter, the director may accept an assurance of discontinuance of violations of the provisions of this chapter from
any person deemed by the director to be in violation hereof.
Any such assurance shall be in writing, may state that the
person giving such assurance does not admit to any violation
of this chapter, and shall be filed with and subject to the
approval of the superior court of the county in which the
alleged violator resides or has his or her principal place of
business, or in Thurston county. Proof of failure to comply
with the assurance of discontinuance shall be prima facie
evidence of a violation of this chapter. [1979 ex.s. c 68 §
31; 1974 ex.s. c 77 § 13.]
Effective date—1974 ex.s. c 77: See note following RCW 21.20.040.
JUDICIAL REVIEW OF ORDERS
21.20.440 Judicial review of order—Modification of
order by director on additional evidence. Any person
aggrieved by a final order of the director may obtain a
review of the order in the county in which that person
resides or in any other court of competent jurisdiction by
filing in court, within sixty days after the entry of the order,
a written petition praying that the order be modified or set
aside in whole or in part. A copy of the petition shall be
forthwith served upon the director, and thereupon the
director shall certify and file in court a copy of the filing,
testimony, and other evidence upon which the order was
entered. When these have been filed, the court has exclusive
jurisdiction to affirm, modify, enforce, or set aside the order,
in whole or in part. No objection to the order may be
considered by the court unless it was urged before the
director or there were reasonable grounds for failure to do
so. The findings of the director as to the facts, if supported
by substantial evidence, are conclusive. If either party
applies to the court for leave to adduce additional evidence,
and shows to the satisfaction of the court that the additional
evidence is material and that there were reasonable grounds
for failure to adduce the evidence in the hearing before the
director, the court may order the additional evidence to be
(2002 Ed.)
21.20.450 Administration of chapter—Rules and
forms, publication—Cooperation with other state and
federal authorities. (1) The administration of the provisions
of this chapter shall be under the department of financial
institutions. The director may from time to time make,
amend, and repeal such rules, forms, and orders as are
necessary to carry out the provisions of this chapter, including rules defining any term, whether or not such term is used
in the Washington securities law. The director may classify
securities, persons, and matters within the director’s jurisdiction, and prescribe different requirements for different
classes. No rule, form, or order may be made unless the
director finds that the action is necessary or appropriate in
the public interest or for the protection of investors and
consistent with the purposes fairly intended by the policy
and provisions of this chapter. In prescribing rules and
forms the director may cooperate with the securities administrators of the other states and the securities and exchange
commission with a view to effectuating the policy of this
statute to achieve maximum uniformity in the form and
content of registration statements, applications, and reports
wherever practicable. All rules and forms of the director
shall be published.
(2) To encourage uniform interpretation and administration of this chapter and effective securities regulation and
enforcement, the director may cooperate with the securities
agencies or administrators of one or more states, Canadian
provinces or territories, or another country, the securities and
exchange commission, the commodity futures trading
commission, the securities investor protection corporation,
any self-regulatory organization, any national or international
organization of securities officials or agencies, and any
governmental law enforcement or regulatory agency.
(3) The cooperation authorized by subsection (2) of this
section includes:
(a) Establishing a central depository for licensing or
registration under this chapter and for documents or records
required or allowed to be maintained under this chapter;
(b) Making a joint license or registration examination or
investigation;
(c) Holding a joint administrative hearing;
(d) Filing and prosecuting a joint civil or administrative
hearing;
(e) Sharing and exchanging personnel;
(f) Sharing and exchanging information and documents;
and
[Title 21 RCW—page 21]
21.20.450
Title 21 RCW: Securities and Investments
(g) Formulating under chapter 34.05 RCW, rules or
proposed rules on matters such as statements of policy,
guidelines, and interpretative opinions and releases. [1994
c 256 § 24; 1993 c 472 § 15; 1979 ex.s. c 68 § 33; 1979 c
158 § 86; 1975 1st ex.s. c 84 § 25; 1959 c 282 § 45.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
21.20.460
Administrator of securities—
Appointment, qualifications, term, etc. The director shall
appoint a competent person to administer this chapter who
shall be designated administrator of securities. The director
shall delegate to the administrator such powers, subject to
the authority of the director, as may be necessary to carry
out the provisions of this chapter. The administrator shall
hold office at the pleasure of the director. [1959 c 282 §
46.]
21.20.470 Compensation, travel expenses of administrator and employees. The administrator, and any person
employed by the administrator, shall be paid, in addition to
regular compensation, travel expenses incurred by each of
them in the performance of their duties under this chapter in
accordance with RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. [1979 ex.s. c 68 § 34; 1975’76 2nd ex.s. c 34 § 64; 1959 c 282 § 47.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
21.20.480 Unlawful use or disclosure of filed
information. It is unlawful for the director or any of the
director’s officers or employees to use for personal benefit
any information which is filed with or obtained by the
director and which is not made public. The director or any
of the director’s officers or employees shall not disclose any
such information or the fact that any investigation is being
made except among themselves or when necessary or
appropriate in a proceeding or investigation under this
chapter. No provision of this chapter either creates or
derogates from any privilege which exists at common law or
otherwise when documentary or other evidence is sought
under a subpoena directed to the director or any of the
director’s officers or employees. [1979 ex.s. c 68 § 35;
1959 c 282 § 48.]
21.20.490 No liability under chapter for act in good
faith. No provision of this chapter imposing any liability
applies to any act done or omitted in good faith in conformity with any rule, form, or order of the director, notwithstanding that the rule or form may later be amended or
rescinded or be determined by judicial or other authority to
be invalid for any reason. [1959 c 282 § 49.]
21.20.500 Administrative hearings public—
Exception. Every hearing in an administrative proceeding
shall be public unless the director in his or her discretion
grants a request joined in by all the respondents that the
hearing be conducted privately. [1979 ex.s. c 68 § 36; 1959
c 282 § 50.]
[Title 21 RCW—page 22]
21.20.510 Document filed when received—
Register—Inspection of register, information, etc. A
document is filed with the director when it is received by the
director or by a person as the director designates by rule or
order. The director or the director’s designee shall keep a
register of all applications for registration and registration
statements which are or have ever been effective under this
chapter and all denial, suspension, or revocation orders
which have ever been entered under this chapter. The
register shall be open for public inspection. The information
contained in or filed with any registration statement, application, or report may be made available to the public under
such rules as the director prescribes. [1994 c 256 § 25;
1959 c 282 § 51.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.520 Copies of entries, documents to be
furnished—Copies as prima facie evidence. Upon request
and at such reasonable charges as the director prescribes, the
director shall furnish to any person photostatic or other
copies (certified under his seal of office if requested) of any
entry in the register or any document which is a matter of
public record. In any proceeding or prosecution under this
chapter, any copy so certified is prima facie evidence of the
contents of the entry or document certified. [1979 ex.s. c 68
§ 37; 1959 c 282 § 52.]
21.20.530 Interpretative opinions by director. The
director in his or her discretion may honor requests from
interested persons for interpretative opinions. [1979 ex.s. c
68 § 38; 1959 c 282 § 53.]
PROOF OF EXEMPTION
21.20.540 Exemptions, exceptions, and preemptions—Burden of proof. In any proceeding under this
chapter, the burden of proving an exemption, an exception
from a definition, or a preemption of a provision of this
chapter is upon the person claiming it. [1998 c 15 § 21;
1959 c 282 § 54.]
ADVISORY COMMITTEE
21.20.550 State advisory committee—Composition,
appointment, qualifications. There is hereby created a
state advisory committee which shall consist of seven members to be appointed by the governor on the basis of their
experience and qualifications. The membership shall be
selected, insofar as possible, on the basis of giving both
geographic representation and representation to all phases of
the securities business including the legal and accounting
professions. [1973 1st ex.s. c 171 § 3; 1959 c 282 § 55.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.560 State advisory committee—Chairperson,
secretary—Meetings. (1) The committee shall select a
chairperson and a secretary from their group.
(2) Regular meetings may be held quarterly, or semiannually, and special meetings may be called by the chairper(2002 Ed.)
Securities Act of Washington
son upon at least seven days’ written notice to each committee member sent by regular mail. [1979 ex.s. c 68 § 39;
1973 1st ex.s. c 171 § 4; 1959 c 282 § 56.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.570 State advisory committee—Terms—
Vacancies. The first members of the committee shall hold
office as follows: Two members to serve two years; two
members to serve three years; and three members to serve
four years. Upon the expiration of said original terms
subsequent appointment shall be for four years except in the
case of a vacancy, in which event appointment shall be only
for the remainder of the unexpired term in which the
vacancy occurs. [1959 c 282 § 57.]
21.20.580 State advisory committee—Duties. The
advisory committee shall:
(1) Serve in an advisory capacity to the director on all
matters pertaining to this chapter.
(2) Acquaint themselves fully with the operations of the
director’s office as to the administration of securities, brokerdealers, salespersons, and investment advisers, and periodically recommend to the director such changes in the rules
and regulations of the department in connection therewith as
they deem advisable.
(3) Prepare and publish a mimeographed report on their
recommendations. [1981 c 272 § 10; 1979 ex.s. c 68 § 40;
1959 c 282 § 58.]
21.20.590
State advisory committee—
Reimbursement of travel expenses. The advisory committee shall be reimbursed for their travel expenses in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended. [1981 c 272 § 11; 1975-’76 2nd ex.s.
c 34 § 65; 1959 c 282 § 59.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
ADDITIONAL PROVISIONS
21.20.700 Investigations and examinations—
Additional authority—Scope. (1) In addition to the
authority conferred in RCW 21.20.370 the director at any
time during a public offering whether registered or not, or
one year thereafter or at any time that any debt or equity
securities which have been sold to the public pursuant to
registration under this chapter are still an outstanding
obligation of the issuer: (a) May investigate the issuer for
the purpose of ascertaining whether there have been violations of this chapter, rules adopted under this chapter, or any
conditions imposed by the director expressed in any permit
for a public offering or otherwise; (b) may visit and examine
the issuer for the purpose of assuring compliance with this
chapter, rules adopted under this chapter, or any conditions
imposed by the director whether expressed in the permit for
the public offering or otherwise; (c) may require or permit
any person to file a statement in writing, under oath or
otherwise as the director may determine, as to all the facts
and circumstances concerning the matter to be investigated;
and (d) may publish information concerning any violation of
(2002 Ed.)
21.20.560
this chapter, or any rule, order, or condition adopted or
imposed under this chapter.
(2) The examination or investigation, whether conducted
within or without this state, shall include the right to
reasonably examine the issuer’s books, accounts, records,
files, papers, feasibility reports, other pertinent information
and obtain written permission from the issuer to consult with
the independent accountant who audited the financial
statements of the issuer. The reasonable costs of the
examination shall be paid by the issuer to the director. The
issuer shall not be liable for the costs of second or subsequent examinations during a calendar year. [1988 c 244 §
1; 1973 1st ex.s. c 171 § 5.]
Severability—1988 c 244: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 244 § 18.]
Effective date—1988 c 244: "Sections 1 through 16 of this act shall
take effect July 1, 1988." [1988 c 244 § 20.]
Implementation—Application—1988 c 244: "The director of
licensing may take whatever action is necessary to implement this act on its
effective date. This act applies to any person, individual, corporation,
partnership, or association whether or not in existence on or prior to July 1,
1988. The director of licensing may adopt transition rules in order to allow
debenture companies in existence prior to July 1, 1988, a reasonable amount
of time to comply with the requirements of this act. Transition rules shall
require compliance with this act not later than January 1, 1990." [1988 c
244 § 21.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
Investigations: RCW 21.20.370.
21.20.702 Suitability of recommendation—
Reasonable grounds required. (1) In recommending to a
customer the purchase, sale, or exchange of a security, a
broker-dealer, salesperson, investment adviser, or investment
adviser representative must have reasonable grounds for
believing that the recommendation is suitable for the
customer upon the basis of the facts, if any, disclosed by the
customer as to his or her other security holdings and as to
his or her financial situation and needs.
(2) Before the execution of a transaction recommended
to a noninstitutional customer, other than transactions with
customers where investments are limited to money market
mutual funds, a broker-dealer, salesperson, investment adviser, or investment adviser representative shall make reasonable efforts to obtain information concerning:
(a) The customer’s financial status;
(b) The customer’s tax status;
(c) The customer’s investment objectives; and
(d) Such other information used or considered to be
reasonable by the broker-dealer, salesperson, investment
adviser, or investment adviser representative in making
recommendations to the customer. [1994 c 256 § 26; 1993
c 470 § 2.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
21.20.705 Debenture companies—Definitions. When
used in this chapter, unless the context otherwise requires:
(1) "Debenture company" means an issuer of any note,
debenture, or other debt obligation for money used or to be
used as capital or operating funds of the issuer, which is
offered or sold in this state, and which issuer is engaged or
[Title 21 RCW—page 23]
21.20.705
Title 21 RCW: Securities and Investments
proposes to engage in the business of investing, reinvesting,
owning, holding, or trading in: (a) Notes, or other debt
obligations, whether or not secured by real or personal
property; (b) vendors’ interests in real estate contracts; (c)
real or personal property to be leased to third parties; or (d)
real or personal property. The term "debenture company"
does not include an issuer by reason of any of its securities
which are exempt from registration under RCW 21.20.310 or
offered or sold in transactions exempt from registration
under RCW 21.20.320 (1) or (8); and
(2) "Acquiring party" means any person becoming or
attempting to become a controlling person under RCW
21.20.717. [1988 c 244 § 2; 1987 c 421 § 1; 1979 c 140 §
1; 1973 1st ex.s. c 171 § 6.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—Application—1987 c 421: "Sections 1 through 8 of
this act shall take effect January 1, 1988. The director of licensing may
take whatever action is necessary to implement this act on its effective date.
This act applies to any person, individual, corporation, partnership, or
association whether or not in existence on or prior to January 1, 1988."
[1987 c 421 § 12.] For codification of 1987 c 421, see Codification Tables,
Volume 0.
Severability—1987 c 421: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 421 § 10.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.710 Debenture companies—Capital requirements. (1) Except as provided in subsection (2) of this
section, a debenture company shall not offer for sale any
security other than capital stock if such sale would result in
the violation of the following capital requirements:
(a) For outstanding securities other than capital stock
totaling from $1 to $1,000,000, a debenture company shall
have a net worth of at least $200,000.
(b) In addition to the requirement set forth in (a) of this
subsection:
(i) A debenture company with outstanding securities
other than capital stock totaling in excess of $1,000,000 but
not over $100,000,000 shall have additional net worth equal
to at least ten percent of the outstanding securities in excess
of $1,000,000 but not over $100,000,000; and
(ii) A debenture company with outstanding securities
other than capital stock totaling in excess of $100,000,000
shall have additional net worth equal to at least five percent
of the outstanding securities in excess of $100,000,000.
(c) Every debenture company shall hold at least one-half
the amount of its required net worth in cash or comparable
liquid assets as defined by rule, or shall demonstrate comparable liquidity to the satisfaction of the director.
(2) The director may for good cause in the interest of
the existing investors, waive the requirements of subsection
(1) of this section. If the director waives the minimum
requirements set forth in subsection (1) of this section, the
debenture company shall increase its new [net] worth or liquidity in accordance with conditions imposed by the
director until such time as the debenture company can meet
the requirements of this section without waiver from the
director. [1988 c 244 § 3; 1973 1st ex.s. c 171 § 7.]
[Title 21 RCW—page 24]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.715 Debenture companies—Maturity date
requirements. Any debenture company offering debt
securities to the public shall provide that at least fifty percent
of the amount of those securities sold have maturity dates of
two years or more. [1987 c 421 § 2; 1973 1st ex.s. c 171 §
8.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.717 Debenture companies—Controlling
person—Exceptions. (1) For purposes of the provisions of
this chapter relating to debenture companies a person shall
be deemed a controlling person if:
(a) Such person directly or indirectly, or acting through
one or more other persons owns, controls, or has power to
vote twenty-five percent or more of any class of voting
securities of a debenture company;
(b) Such person controls in any manner the election of
a majority of the directors or trustees of a debenture company; or
(c) The director determines, after notice and opportunity
for hearing, that such person, directly or indirectly, exercises
a controlling influence over the management or policies of
a debenture company.
(2) The director may except, by order, for good cause
shown, any person from subsection (1) of this section if the
director finds the exception to be in the public interest and
that the exception does not threaten the protection of
investors. [1987 c 421 § 3.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.720 Debenture companies—Prohibited
activities by directors, officers, or controlling persons.
(1) A director, officer, or controlling person of a debenture
company shall not:
(a) Have any interest, direct or indirect, in the gains or
profits of the debenture company, except to receive dividends upon the amounts contributed by him or her, the same
as any other investor or shareholder and under the same
regulations and conditions: PROVIDED, That nothing in
this subsection shall be construed to prohibit salaries as may
be approved by the debenture company’s board of directors;
(b) Become a member of the board of directors or a
controlling shareholder of another debenture company or a
bank, trust company, or national banking association, of
which board enough other directors or officers of the
debenture company are members so as to constitute with him
or her a majority of the board of directors.
(2) A director, an officer, or controlling person shall
not:
(a) For himself or herself or as agent or partner of
another, directly or indirectly use any of the funds held by
the debenture company, except to make such current and
(2002 Ed.)
Securities Act of Washington
necessary payments as are authorized by the board of directors;
(b) Receive directly or indirectly and retain for his or
her own use any commission on or benefit from any loan
made by the debenture company, or any pay or emolument
for services rendered to any borrower from the debenture
company in connection with such loan;
(c) Become an indorser, surety, or guarantor, or in any
manner an obligor, for any loan made from the debenture
company and except when approval has been given by the
director of financial institutions or the director’s administrator of securities upon recommendation by the company’s
board of directors.
(d) For himself or herself or as agent or partner of
another, directly or indirectly borrow any of the funds held
by the debenture company, or become the owner of real or
personal property upon which the debenture company holds
a mortgage, deed of trust, or property contract. A loan to or
a purchase by a corporation in which he or she is a stockholder to the amount of fifteen percent of the total outstanding stock, or in which he or she and other directors, officers,
or controlling persons of the debenture company hold stock
to the amount of twenty-five percent of the total outstanding
stock, shall be deemed a loan to or a purchase by such
director or officer within the meaning of this section, except
when the loan to or purchase by such corporation occurred
without his or her knowledge or against his or her protest.
[1993 c 472 § 16; 1987 c 421 § 4; 1979 ex.s. c 68 § 41;
1979 c 158 § 87; 1973 1st ex.s. c 171 § 9.]
Effective date—Implementation—1993 c 472: See RCW 43.320.900
and 43.320.901.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.725 Debenture companies—Debentures
payable on demand—Interest—Certificates of debenture.
(1) A debenture company shall not issue any debenture
payable on demand nor pay or accrue interest beyond the
maturity date of any debenture.
(2) Debenture companies shall not issue certificates of
debentures in passbook form, or in any other form which
suggests to the holder that such moneys may be withdrawn
on demand.
(3) Each certificate of debenture or an application for a
certificate shall specify on the face of the certificate or
application therefor, in twelve point bold face type or larger,
that such debenture is not insured by the United States
government, the state of Washington, or any agency thereof.
[1988 c 244 § 4; 1973 1st ex.s. c 171 § 10.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.727 Debenture companies—Acquisition of
control—Requirements—Violation—Penalty. (1) It is
unlawful for any person to acquire control of a debenture
company until thirty days after filing with the director a
copy of the notice of change of control on the form specified
by the director. The notice or application shall be under
(2002 Ed.)
21.20.720
oath and contain substantially all of the following information plus any additional information that the director may
prescribe as necessary or appropriate in the particular
instance for the protection of investors, borrowers, or
shareholders and the public interest:
(a) The identity and business experience of each person
by whom or on whose behalf acquisition is to be made;
(b) The financial and managerial resources and future
prospects of each person involved in the acquisition;
(c) The terms and conditions of any proposed acquisition and the manner in which the acquisition is to be made;
(d) The source and amount of the funds or other
consideration used or to be used in making the acquisition,
and a description of the transaction and the names of the
parties if any part of these funds or other consideration has
been or is to be borrowed or otherwise obtained for the
purpose of making the acquisition;
(e) Any plan or proposal which any person making the
acquisition may have to liquidate the debenture company, to
sell its assets, to merge it with any other company, or to
make any other major change in its business or corporate
structure or management;
(f) The identification of any person employed, retained,
or to be compensated by the acquiring party, or by any
person on its behalf, who makes solicitations or recommendations to shareholders for the purpose of assisting in the
acquisition and a brief description of the terms of the
employment, retainer, or arrangement for compensation; and
(g) Copies of all invitations for tenders or advertisements making a tender offer to shareholders for the purchase
of their stock to be used in connection with the proposed
acquisition.
(2) When a person, other than an individual or corporation, is required to file an application under this section, the
director may require that the information required by
subsection (1)(a), (b), and (f) of this section be given with
respect to each person who has an interest in or controls a
person filing an application under this subsection.
(3) When a corporation is required to file an application
under this section, the director may require that the information required by subsection (1)(a), (b), and (f) of this section
be given for the company, each officer and director of the
company, and each person who is directly or indirectly the
beneficial owner of twenty-five percent or more of the outstanding voting securities of the company.
(4) If any tender offer, request, or invitation for tenders
or other agreements to acquire control is proposed to be
made by means of a registration statement under the Securities Act of 1933 (48 Stat. 74; 15 U.S.C. Sec. 77(a)), as
amended, or in circumstances requiring the disclosure of
similar information under the Securities Exchange Act of
1934 (48 Stat. 881; 15 U.S.C. Sec. 78(a)), as amended, the
registration statement or application may be filed with the
director in lieu of the requirements of this section.
(5) Any acquiring party shall also deliver a copy of any
notice or application required by this section to the debenture
company proposed to be acquired within two days after the
notice or application is filed with the director.
(6) Any acquisition of control in violation of this section
shall be ineffective and void.
(7) Any person who wilfully or intentionally violates
this section or any rule adopted pursuant thereto is guilty of
[Title 21 RCW—page 25]
21.20.727
Title 21 RCW: Securities and Investments
a gross misdemeanor and shall be punished pursuant to
chapter 9A.20 RCW. Each day’s violation shall be considered a separate violation. [1987 c 421 § 5.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.730 Debenture companies—Acquisition of
control—Grounds for disapproval. The director may
disapprove the acquisition of a debenture company within
thirty days after the filing of a complete application under
RCW 21.20.727 or an extended period not exceeding an
additional fifteen days if:
(1) The poor financial condition of any acquiring party
might jeopardize the financial stability of the debenture
company or might prejudice the interests of the investors,
borrowers, or shareholders;
(2) The plan or proposal of the acquiring party to
liquidate the debenture company, to sell its assets, to merge
it with any person, or to make any other major change in its
business or corporate structure or management is not fair and
reasonable to the debenture company’s investors, borrowers,
or stockholders or is not in the public interest;
(3) The business experience and integrity of any
acquiring party who would control the operation of the
debenture company indicates that approval would not be in
the interest of the debenture company’s investors, borrowers,
or shareholders;
(4) The information provided by the application is
insufficient for the director to make a determination or there
has been insufficient time to verify the information provided
and conduct an examination of the qualification of the
acquiring party; or
(5) The acquisition would not be in the public interest.
[1987 c 421 § 6.]
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.732 Debenture companies—Notice of charges—Hearing—Cease and desist orders. (1) The director
may issue and serve upon a debenture company a notice of
charges if in the opinion of the director any debenture
company:
(a) Is engaging or has engaged in an unsafe or unsound
practice in conducting the business of the debenture company;
(b) Is violating or has violated RCW 21.20.815,
21.20.820, or 21.20.830, or any rule, order, or condition
adopted or imposed thereunder; or
(c) Is about to do the acts prohibited in (a) or (b) of this
subsection when the opinion that the threat exists is based
upon reasonable cause.
(2) The notice shall contain a statement of the facts
constituting the alleged violation or violations or act or acts
or the practice or practices and shall fix a time and place at
which a hearing will be held to determine whether an order
to cease and desist should issue against the debenture
company. The hearing shall be set in accordance with
chapter 34.05 RCW.
Unless the debenture company appears at the hearing by
a duly authorized representative, it shall be considered to
have consented to the issuance of the cease and desist order.
[Title 21 RCW—page 26]
If the debenture company is deemed to have consented or if
upon the record made at the hearing the director finds that
any violation, act, or practice specified in the notice of
charges has been established, the director may issue and
serve upon the debenture company an order to cease and desist from the violation, act, or practice. The order may
require the debenture company and its directors, officers,
controlling persons, employees, and agents to cease and
desist from the violation, act, or practice and may require the
debenture company to take affirmative action to correct the
conditions resulting from the violation, act, or practice.
(3) A cease and desist order shall become effective at
the expiration of ten days after the service of the order upon
the debenture company concerned except that a cease and
desist order issued upon consent shall become effective at
the time specified in the order and shall remain effective as
provided therein unless it is stayed, modified, terminated, or
set aside by action of the director or a reviewing court.
[1988 c 244 § 5; 1987 c 421 § 7.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.734 Debenture companies—Temporary cease
and desist orders. Whenever the director determines that
any violation, act, or practice specified in RCW 21.20.732 or
its continuation is likely to cause insolvency or substantial
dissipation of assets or earnings of the debenture company
or to otherwise seriously prejudice the interests of its
security holders, the director may also issue a temporary
order requiring the debenture company and its directors,
officers, controlling persons, employees, and agents to cease
and desist from the violation, act, or practice. The order
shall become effective upon service on the debenture
company and shall remain effective pending the completion
of the administrative proceedings under the notice and until
such time as the director dismisses the charges specified in
the notice or until the effective date of a cease and desist
order issued against the debenture company under RCW
21.20.732. [1988 c 244 § 6; 1987 c 421 § 8.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
Effective date—Application—Severability—1987 c 421: See notes
following RCW 21.20.705.
21.20.740 Reports—Requirements. (1) Every issuer
which has registered securities under Washington state
securities law shall file with the director reports described in
subsection (2) of this section. Such reports shall be filed
with the director not more than one hundred twenty days
(unless extension of time is granted by the director) after the
end of the issuer’s fiscal year.
(2) The reports required by subsection (1) of this section
shall contain such information, statements and documents
regarding the financial and business conditions of the issuer
and the number and description of securities of the issuer
held by its officers, directors and controlling shareholders
and shall be in such form and filed at such annual times as
the director may require by rule or order. For the purposes
of RCW 21.20.720, 21.20.740 and 21.20.745, a "controlling
shareholder" shall mean a person who is directly or indirect(2002 Ed.)
Securities Act of Washington
ly the beneficial holder of more than ten percent of the outstanding voting securities of an issuer.
(3)(a) The reports described in subsection (2) of this
section shall include financial statements corresponding to
those required under the provisions of RCW 21.20.210 and
to the issuer’s fiscal year setting forth in comparative form
the corresponding information for the preceding year and
such financial statements shall be furnished to all shareholders within one hundred twenty days (unless extension of time
is granted by the director) after the end of such year, but at
least twenty days prior to the date of the annual meeting of
shareholders.
(b) Such financial statements shall be prepared as to
form and content in accordance with rules prescribed by the
director and shall be audited (except that financial statements
filed prior to July 1, 1976 need be audited only as to the
most recent fiscal year) by an independent certified public
accountant who is not an employee, officer or member of the
board of directors of the issuer or a holder of securities of
the issuer. The report of such independent certified public
accountant shall be based upon an audit made in accordance
with generally accepted auditing standards with no limitations on its scope.
(4) The director may by rule or order exempt any issuer
or class of issuers from this section for a period of up to one
year if the director finds that the filing of any such report by
a specific issuer or class of issuers is not necessary for the
protection of investors and the public interest.
(5) For the purposes of RCW 21.20.740 and 21.20.745,
"issuer" does not include issuers of:
(a) Securities registered by the issuer pursuant to section
12 of the securities and exchange act of 1934 as now or
hereafter amended or exempted from registration under that
act on a basis other than the number of shareholders and
total assets.
(b) Securities which are held of record by less than two
hundred persons or whose total assets are less than $500,000
at the close of the issuer’s fiscal year.
(6) Any issuer who has been required to file under
RCW 21.20.740 and who subsequently becomes excluded
from the definition of "issuer" by virtue of RCW
21.20.740(5) must file a certification setting forth the basis
on which they claim to no longer be an issuer within the
meaning of this chapter.
(7) The reports filed under this section shall be filed and
maintained by the director for public inspection. Any person
is entitled to receive copies thereof from the director upon
payment of the reasonable costs of duplication.
(8) Filing of reports pursuant to this section shall not
constitute an approval thereof by the director or a finding by
the director that the report is true, complete and not misleading. It shall be unlawful to make, or cause to be made, to
any prospective purchaser, seller, customer or client, any
representation inconsistent with this subsection. [1997 c 101
§ 1; 1979 ex.s. c 68 § 42; 1973 1st ex.s. c 171 § 11.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.745 Reports—Violations of reporting requirements—Penalties—Contribution. (1) It is unlawful for any
person, including the officers and directors of any issuer, to
fail to file a report required by RCW 21.20.740 or to file any
(2002 Ed.)
21.20.740
such report which contains an untrue statement of a material
fact or an omission to state a material fact necessary in order
to make the statements made, in light of the circumstances
under which they are made, not misleading unless such
person did not know, and in the exercise of reasonable care
could not have known, of the failure, untruth or omission.
In addition to any other penalties or remedies provided by
chapter 21.20 RCW, each officer and director of an issuer
which violates this subsection shall be personally liable for
damages as provided in subsection (2) of this section if such
officer or director:
(a) Had actual notice of the issuer’s duty to file reports;
(b) Knew, or in the exercise of reasonable care could
have known of the violation; and
(c) Could have prevented the violation.
(2) Any issuer and other person who violate subsection
(1) of this section shall be liable jointly and severally for the
damages occasioned by such violation, together with reasonable attorney fees and costs to any person who, during the
continuation of the violation and without actual notice of the
violation, purchases or sells any securities of the issuer
within six months following the date the violation commenced.
(3) No suit or action may be commenced under subsection (2) of this section more than one year after the purchase
or sale.
(4) Any person held liable under this section shall be
entitled to contribution from those jointly and severally liable
with that person. [1979 ex.s. c 68 § 43; 1973 1st ex.s. c 171
§ 12.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.750 Reports—Suspension of sale of securities
until reporting requirements complied with. In case of a
violation of RCW 21.20.740 and 21.20.745, the director may
suspend sale or trading by or through a broker-dealer of the
securities of the issuer until the failure to file a report or
statement or the inaccuracy or omissions in any report or
statement are remedied as determined by the director. [1973
1st ex.s. c 171 § 13.]
Effective date—Construction—Severability—1973 1st ex.s. c 171:
See RCW 21.20.800 and 21.20.805.
21.20.800 Severability—1973 1st ex.s. c 171. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 1st ex.s. c 171 §
15.]
21.20.805 Effective date—Construction—1973 1st
ex.s. c 171. *This 1973 amendatory act shall take effect on
January 1, 1975: PROVIDED HOWEVER, That debenture
companies registered pursuant to chapter 21.20 RCW as of
January 1, 1974, and for which there are no stop orders
outstanding shall have until January 1, 1975, to comply with
the requirements of section 7 of this 1973 amendatory act.
[1973 1st ex.s. c 171 § 14.]
*Reviser’s note: "This 1973 amendatory act," see note following
RCW 21.20.740.
[Title 21 RCW—page 27]
21.20.810
Title 21 RCW: Securities and Investments
21.20.810 Application of chapter not limited.
Nothing in RCW 21.20.700 through 21.20.750 and 21.20.815
through 21.20.855 limits the application of other provisions
of this chapter. [1988 c 244 § 7.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.815 Debenture companies—Equity investments. (1) A debenture company shall not, without prior
written consent of the director:
(a) Make equity investments in a single project or
subsidiary of more than ten percent of its assets or of more
than its net worth, whichever is greater; or
(b) Make equity investments, including investments in
subsidiaries, other than investments in income-producing real
property, which in the aggregate exceed twenty percent of its
assets.
(2) For the purposes of this section, an equity investment does not include any acquisition of real property in
satisfaction, or on account, of debts previously contracted in
the regular course of the debenture company’s business, or
in satisfaction of judgments, vendors’ interests in real
property contracts, or liens if the real property has not been
held by the debenture company for more than three years
from the date it was acquired and any additional time
permitted by the director. [1988 c 244 § 8.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.820 Debenture companies—Loans to any one
borrower—Limitations. (1) Except as provided in subsection (3) of this section, a debenture company shall not loan
or invest in a loan or loans to any one borrower more than
two and one-half percent of the debenture company’s assets
without prior written consent of the director.
(2) For the purpose of this section, loans made to
affiliates of the borrower are deemed to have been made to
the borrower.
(3)(a) If good cause is shown, the director may waive
in whole or in part the limitation in subsection (1) of this
section.
(b) A loan or obligation shall not be subject to the
limitation in subsection (1) of this section to the extent that
the loan is secured or covered by guarantee, or by commitment or agreement to take over or to purchase the loan,
made by any federal reserve bank or by the United States or
any department, bureau, board, commission, or establishment
of the United States, including any corporation wholly
owned directly or indirectly by the United States. [1988 c
244 § 9.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.825 Debenture companies—Bad debts. (1)
Any debt due a debenture company on which interest is one
year or more past due and unpaid shall be considered a bad
debt and shall be charged off the books of the debenture
company unless:
(a) Such debt is well-secured and in the course of
collection by legal process or probate proceedings; or
[Title 21 RCW—page 28]
(b) Such debt is represented or secured by bonds having
a determinable market value currently quoted on a national
securities exchange, provided that in such case, such bonds
shall be carried on the books of the debenture company at
such value as the director may from time to time direct, but
in no event may such carrying value exceed the market value
thereof.
(2) A final judgment held by a debenture company shall
not be considered an asset of the debenture company after
two years from the date of its entry excluding any time for
appeal unless extended by the director in writing for a specified period. [1988 c 244 § 10.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.830 Debenture companies—Investments in
unsecured loans. (1) A debenture company shall not invest
more than twenty percent of its assets in unsecured loans.
(2)(a) Except as provided in (b) of this subsection, a
loan shall be deemed unsecured if the ascertained market
value of the collateral securing the loan does not exceed one
hundred twenty-five percent of the loan and all senior
indebtedness.
(b) A loan shall not be deemed unsecured to the extent
that the loan is guaranteed or insured by the federal housing
administration, the administrator of veterans’ affairs, the
farmers home administration, or an insurer authorized to do
business in this state, or any other guarantor or insurer
approved by the director. [1988 c 244 § 11.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.835 Debenture companies—Debenture
holders—Notice of maturity date of debenture. Every
debenture company shall notify each of its debenture holders
of the maturity date of the holder’s debenture by sending a
notice to the holder not more than forty-five days nor less
than fifteen days prior to the maturity date of the debenture
at the holder’s last known address. [1988 c 244 § 12.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.840 Debenture companies—Annual financial
statement. A debenture company shall send annually and
in a timely manner either a copy of its annual financial
statements or a summary of its financial statements for the
most recent fiscal year to each debenture holder at the
debenture holder’s last known address. If a summary is
sent, the debenture company shall make available to any
debenture holder upon request a copy of its complete annual
financial statements for its most recent fiscal year. [1988 c
244 § 13.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.845 Debenture companies—Rules. The
director may adopt rules to govern examinations and reports
of debenture companies and to otherwise govern the administration of debenture companies under this chapter. [1988
c 244 § 14.]
(2002 Ed.)
Securities Act of Washington
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.850 Debenture companies—Record maintenance and preservation—Examination. Every debenture
company shall make and keep such accounts and other
records as shall be prescribed by the director. All records so
required shall be preserved for three years unless the director
prescribes otherwise for particular types of records. All the
records of a debenture company are subject at any time or
from time to time to such reasonable periodic, special, or
other examinations by representatives of the director, within
or without this state, as the director deems necessary or
appropriate in the public interest or for protection of investors. [1988 c 244 § 15.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
21.20.855 Debenture companies—Examination
reports and information—Exempt from public disclosure—Use in civil actions. (1) Examination reports and
information obtained by the director or the director’s
representatives in conducting examinations pursuant to RCW
21.20.700 shall not be subject to public disclosure under
chapter 42.17 RCW.
(2) In any civil action in which the reports are sought to
be discovered or used as evidence, any party may, upon
notice to the director, petition the court for an in camera
review of the report. The court may permit discovery and
introduction of only those portions of the report which are
relevant and otherwise unobtainable by the requesting party.
This subsection shall not apply to an action brought or
defended by the director. [1988 c 244 § 16.]
21.20.845
date of this chapter, except that no civil suit or action may
be maintained to enforce any liability under prior law unless
brought within any period of limitation which applied when
the cause of action accrued and in any event within two
years after the *effective date of this chapter. [1959 c 282
§ 63.]
*Reviser’s note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.915 Saving—Prior effective registrations. All
effective registrations under prior law and all conditions
imposed upon such registrations remain in effect so long as
they would have remained in effect if they had become
effective under this chapter. They are considered to have
been filed, entered, or imposed under this chapter. All
dealers who are duly registered as brokers and all
salespersons and issuers’ agents who are duly registered as
agents under said securities act, mining act or oil and mining
leases act, on the *effective date of this chapter shall be
deemed to be duly registered under and subject to the
provisions of this chapter, such registration to expire on the
30th day of June of the year in which this chapter becomes
effective and to be subject to renewal as provided in this
chapter. [1979 ex.s. c 68 § 44; 1959 c 282 § 64.]
*Reviser’s note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.920 Application of prior law. Prior law
applies in respect to any offer or sale made within one year
after the *effective date of this chapter pursuant to an
offering begun in good faith before its effective date on the
basis of an exemption available under prior law. [1959 c
282 § 65.]
Severability—Effective date—Implementation—Application—1988
c 244: See notes following RCW 21.20.700.
*Reviser’s note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
STATUTORY POLICY
21.20.925 Judicial review of prior administrative
orders. Judicial review of all administrative orders as to
which review proceedings have not been instituted by the
*effective date of this chapter are governed by RCW
21.20.440 except that no review proceeding may be instituted unless the petition is filed within any period of limitation
which applied to a review proceeding when the order was
entered and in any event within sixty days after the *effective date of this chapter. [1959 c 282 § 66.]
21.20.900 Construction to secure uniformity. This
chapter shall be so construed as to effectuate its general
purpose to make uniform the law of those states which enact
it and to coordinate the interpretation and administration of
this chapter with the related federal regulation. [1959 c 282
§ 61.]
SEVERABILITY OF PROVISIONS
21.20.905 Severability—1959 c 282. If any provision
of this chapter or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the chapter which can be
given effect without the invalid provision or application, and
to this end the provisions of this chapter are severable.
[1959 c 282 § 62.]
REPEAL AND SAVING PROVISIONS
21.20.910 Saving—Civil, criminal proceedings.
Prior law exclusively governs all suits, actions, prosecutions,
or proceedings which are pending or may be initiated on the
basis of facts or circumstances occurring before the effective
(2002 Ed.)
*Reviser’s note: The "effective date of this chapter" is midnight June
10, 1959, see preface 1959 session laws.
21.20.930 Solicitation permits under insurance laws
not limited. Nothing in this chapter shall in any way limit
the provisions of RCW 48.06.030. [1959 c 282 § 67.]
21.20.935 Repealer. The following acts and parts of
acts are hereby repealed:
(1) Chapter 69, Laws of 1923; chapter 97, Laws of
1935; chapter 182, Laws of 1937; chapter 124, Laws of
1939; chapter 169, Laws of 1943; chapter 231, Laws of
1943; chapter 189, Laws of 1947; chapter 150, Laws of
1949; chapter 230, Laws of 1951; and RCW 21.04.010
through 21.04.220; and
[Title 21 RCW—page 29]
21.20.935
Title 21 RCW: Securities and Investments
(2) Chapter 178, Laws of 1937; chapter 64, Laws of
1951; and RCW 21.08.010 through 21.08.120; and
(3) Chapter 110, Laws of 1939 and RCW 21.12.010
through 21.12.080. [1959 c 282 § 68.]
SHORT TITLE
21.20.940 Short title. This chapter shall be known as
"The Securities Act of Washington." [1959 c 282 § 69.]
Chapter 21.30
COMMODITY TRANSACTIONS
Sections
21.30.005
21.30.010
21.30.020
21.30.030
21.30.040
21.30.050
21.30.060
21.30.070
21.30.080
21.30.090
21.30.100
21.30.110
21.30.120
21.30.130
21.30.140
21.30.150
21.30.160
21.30.170
21.30.180
21.30.190
21.30.200
21.30.210
21.30.220
21.30.230
21.30.240
21.30.250
21.30.260
21.30.270
21.30.280
21.30.290
21.30.300
21.30.310
21.30.320
21.30.330
21.30.340
21.30.350
21.30.360
21.30.370
21.30.380
21.30.390
Intent.
Definitions.
Transactions involving commodity contract or option—
Prohibition—Exceptions.
Transactions conducted by certain persons exempt from
prohibition under RCW 21.30.020.
Transactions and contracts exempt from prohibition under
RCW 21.30.020—Rules.
Commodity merchants—Place for trading commodity contract or option—Requirements.
Prohibited practices.
Responsibility for acts or omissions—Liability—Burden of
proof.
Offers to sell or buy in this state—Application of RCW
21.30.020, 21.30.050, and 21.30.060.
When publications or electronic communications not deemed
offers to sell or buy in this state.
Investigations—Statements—Publication of information.
Investigations—Evidence—Subpoenas—Court orders of
compliance.
Violations—Director’s authority—Court actions—Penalties.
Violations—Court-ordered remedies—Penalties—Bond by
director not required.
Wilful violations—Penalty—Limitation on actions.
No liability under chapter for act in good faith.
Unlawful use or disclosure of information.
Information—Availability to public—Exceptions.
Cooperation with other agencies or organizations.
Consent for service of process—Service, how made.
Administrative proceedings—Summary order—Notice—
Hearing—Final order.
Application of chapter 34.05 RCW, the administrative procedure act.
Pleading exemptions or exceptions—Burden of proof.
Application for licensing.
Fees.
Examinations—Waiver.
Expiration of licenses—Authority under commodity sales
representative license—Notification of changes.
Multiple licenses, when permitted.
Classification of licenses—Limitations and conditions of
licenses.
Annual report and fee.
Minimum net capital and fidelity bond requirements.
Financial and other reports.
Records.
Correcting amendments of information in application or
financial and other reports—Exception.
Examination of records—Copies—Fees.
Denial, suspension, revocation, or limitation of license—
Grounds.
Violations—Prosecuting attorney may bring criminal proceedings.
Penalties in chapter nonexclusive.
Administration of chapter under director of financial institutions.
Administrator—Appointment—Delegation of duties—Term.
[Title 21 RCW—page 30]
21.30.400
Director’s powers and duties—Rules, forms, and orders—
Fees.
21.30.800 Securities laws not affected.
21.30.810 Construction and purpose.
21.30.900 Severability—1986 c 14.
21.30.901 Effective date—1986 c 14.
Reviser’s note: Powers, duties, and functions of the department of
licensing relating to chapter 21.30 RCW were transferred to the department
of financial institutions by 1993 c 472, effective October 1, 1993. See
RCW 43.320.011.
Agricultural commodities: Chapter 22.09 RCW.
21.30.005 Intent. The legislature intends that this
chapter, and any rules, regulations, or orders promulgated
pursuant hereto, apply to transactions in commodities which
constitute commodity contracts or commodity options as
defined in this chapter, unless the context clearly requires
otherwise. [1987 c 243 § 1.]
21.30.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Administrator" means the person designated by the
director in accordance with the provisions of RCW
21.30.390.
(2) "Board of trade" means any person or group of
persons engaged in buying or selling any commodity or
receiving any commodity for sale on consignment, whether
such person or group of persons is characterized as a board
of trade, exchange, or other form of marketplace.
(3) "Director" means the director of financial institutions.
(4) "Commodity broker-dealer" means, for the purposes
of registration in accordance with this chapter, any person
engaged in the business of making offers, sales, or purchases
of commodities under commodity contracts or under commodity options.
(5) "Commodity sales representative" means, for the
purposes of registration in accordance with this chapter, any
person authorized to act and acting for a commodity brokerdealer in effecting or attempting to effect a transaction in a
commodity contract or commodity option.
(6) "Commodity exchange act" means the act of
congress known as the commodity exchange act, as amended, codified at 7 U.S.C. Sec. 1 et seq.
(7) "Commodity futures trading commission" means the
independent regulatory agency established by congress to
administer the commodity exchange act.
(8) "CFTC rule" means any rule, regulation, or order of
the commodity futures trading commission in effect on
October 1, 1986, and all subsequent amendments, additions,
or other revisions thereto, unless the administrator, within ten
days following the effective date of any such amendment,
addition, or revision, disallows the application thereof by
rule or order.
(9) "Commodity" means, except as otherwise specified
by the director by rule or order, any agricultural, grain, or
livestock product or by-product, any metal or mineral
(including a precious metal set forth in subsection (17) of
this section), any gem or gemstone (whether characterized as
precious, semiprecious, or otherwise), any fuel (whether
liquid, gaseous, or otherwise), any foreign currency, and all
other goods, articles, products, or items of any kind.
(2002 Ed.)
Commodity Transactions
However, the term commodity does not include (a) a
numismatic coin whose fair market value is at least fifteen
percent higher than the value of the metal it contains, (b)
real property or any timber, agricultural, or livestock product
grown or raised on real property and offered or sold by the
owner or lessee of such real property, or (c) any work of art
offered or sold by art dealers, at public auction, or offered
or sold through a private sale by the owner thereof.
(10) "Commodity contract" means any account, agreement, or contract for the purchase or sale, primarily for
speculation or investment purposes and not for use or
consumption by the offeree or purchaser, of one or more
commodities, whether for immediate or subsequent delivery
or whether delivery is intended by the parties, and whether
characterized as a cash contract, deferred shipment or
deferred delivery contract, forward contract, futures contract,
installment or margin contract, leverage contract, or otherwise. Any commodity contract offered or sold shall, in the
absence of evidence to the contrary, be presumed to be
offered or sold for speculation or investment purposes. A
commodity contract shall not include any contract or
agreement which requires, and under which the purchaser
receives, within twenty-eight calendar days from the payment
in good funds of any portion of the purchase price, physical
delivery of the total amount of each commodity to be
purchased under the contract or agreement.
(11) "Commodity option" means any account, agreement, or contract giving a party thereto the right to purchase
or sell one or more commodities and/or one or more commodity contracts, whether characterized as an option,
privilege, indemnity, bid, offer, put, call, advance guaranty,
decline guaranty or otherwise, but does not include a
commodity option traded on a national securities exchange
registered with the United States securities and exchange
commission.
(12) "Commodity merchant" means any of the following, as defined or described in the commodity exchange act
or by CFTC rule:
(a) Futures commission merchant;
(b) Commodity pool operator;
(c) Commodity trading advisor;
(d) Introducing broker;
(e) Leverage transaction merchant;
(f) An associated person of any of the foregoing;
(g) Floor broker; and
(h) Any other person (other than a futures association)
required to register with the commodity futures trading
commission.
(13) "Financial institution" means a bank, savings
institution, or trust company organized under, or supervised
pursuant to, the laws of the United States or of any state.
(14) "Offer" or "offer to sell" includes every offer, every
attempt to offer to dispose of, or solicitation of an offer to
buy, to purchase, or to acquire, for value.
(15) "Sale" or "sell" includes every sale, contract of
sale, contract to sell, or disposition, for value.
(16) "Person" means an individual, a corporation, a
partnership, an association, a joint-stock company, a trust
where the interests of the beneficiaries are evidenced by a
security, an unincorporated organization, a government, or a
political subdivision of a government, but does not include
a contract market designated by the commodity futures
(2002 Ed.)
21.30.010
trading commission or any clearinghouse thereof or a
national securities exchange registered with the United States
securities and exchange commission (or any employee,
officer, or director of such contract market, clearinghouse, or
exchange acting solely in that capacity).
(17) "Precious metal" means:
(a) Silver, in either coin, bullion, or other form;
(b) Gold, in either coin, bullion, or other form;
(c) Platinum, in either coin, bullion, or other form; and
(d) Such other items as the director may specify by rule
or order. [1997 c 101 § 2; 1994 c 92 § 5; 1987 c 243 § 2;
1986 c 14 § 1.]
21.30.020 Transactions involving commodity
contract or option—Prohibition—Exceptions. Except as
otherwise provided in RCW 21.30.030 and 21.30.040, no
person may sell or purchase or offer to sell or purchase any
commodity under any commodity contract or under any
commodity option or offer to enter into or enter into as seller
or purchaser any commodity contract or any commodity
option. [1986 c 14 § 2.]
21.30.030 Transactions conducted by certain
persons exempt from prohibition under RCW 21.30.020.
The prohibition in RCW 21.30.020 does not apply to any
transaction offered by and in which any of the following
persons (or any employee, officer, or director thereof acting
solely in that capacity) is the purchaser or seller:
(1) A person registered with the commodity futures
trading commission as a futures commission merchant or as
a leverage transaction merchant but only as to those activities that require such registration;
(2) A person affiliated with, and whose obligations and
liabilities are guaranteed by, a person referred to in subsection (1) or (5) of this section;
(3) A person who is a member of a contract market
designated by the commodity futures trading commission (or
any clearinghouse thereof);
(4) A financial institution;
(5) A person registered under chapter 21.20 RCW as a
securities broker-dealer holding a general securities license
whose activities require such registration;
(6) A person registered as a commodity broker-dealer or
commodity sales representative in accordance with this
chapter; or
(7) Any person who meets all of the following conditions:
(a) Prior to engaging in any transaction which would
otherwise be prohibited under RCW 21.30.020, the person:
(i) Files a claim of exemption on a form prescribed by
the director; and
(ii) Files a consent to service of process pursuant to
RCW 21.30.190;
(b) The person files a renewal of a claim for exemption
not less than every two years on a form prescribed by the
director;
(c) The person engages only in those commodity
transactions in which the purchaser pays, and the seller
receives, one hundred percent of the purchase price in cash
or cash equivalent within ten days of the contract of sale;
[Title 21 RCW—page 31]
21.30.030
Title 21 RCW: Securities and Investments
(d) The person receives no more than twenty-five
percent of the total dollar amount of its gross sales of
commodities in any fiscal year from commodity contracts or
commodity options;
(e) The person’s gross profit on all transactions in
commodity contracts or commodity options does not exceed
five hundred thousand dollars in the fiscal year immediately
preceding any year for which the person claims the exemption contained in this subsection, or one million dollars in
the two fiscal years immediately preceding any year for
which the person claims the exemption;
(f) The person maintains standard property and casualty
insurance in an amount sufficient to cover the value of
commodities stored for customers.
"Registered," for the purposes of this section, means
holding a registration that has not expired, been suspended,
or been revoked. The exemptions under this section shall
not apply to any transaction or activity which is prohibited
by the commodity exchange act or CFTC rule. [1987 c 243
§ 3; 1986 c 14 § 3.]
21.30.040 Transactions and contracts exempt from
prohibition under RCW 21.30.020—Rules. (1) The
prohibition in RCW 21.30.020 does not apply to the following:
(a) An account, agreement, or transaction within the
exclusive jurisdiction of the commodity futures trading
commission as granted under the commodity exchange act;
(b) A commodity contract for the purchase of one or
more precious metals in which, within seven calendar days
from the payment in good funds of any portion of the
purchase price, the quantity of precious metals purchased by
the payment is delivered (whether in specifically segregated
or fungible bulk form) into the possession of a depository
(other than the seller) which is either (i) a financial institution, (ii) a depository the warehouse receipts of which are
recognized for delivery purposes for any commodity on a
contract market designated by the commodity futures trading
commission, (iii) a storage facility licensed or regulated by
the United States or any agency thereof, or (iv) a depository
designated by the director, and the depository (or other
person which itself qualifies as a depository as aforesaid)
issues and the purchaser receives, a certificate, document of
title, confirmation, or other instrument evidencing that the
quantity of precious metals has been delivered to the
depository and is being and will continue to be held by the
depository on the purchaser’s behalf, free and clear of all
liens and encumbrances, other than liens of the purchaser,
tax liens, liens agreed to by the purchaser, or liens of the
depository for fees and expenses, which have previously
been disclosed to the purchaser;
(c) A commodity contract solely between persons
engaged in producing, processing, using commercially, or
handling as merchants each commodity subject thereto, or
any by-products thereof; or
(d) A commodity contract under which the offeree or
the purchaser is a person referred to in RCW 21.30.030, a
person registered with the federal securities and exchange
commission as a broker-dealer, an insurance company, an
investment company as defined in the federal investment
company act of 1940, or an employee pension and profit
[Title 21 RCW—page 32]
sharing or benefit plan (other than a self-employed individual
retirement plan, or individual retirement account).
(2) The director may issue rules or orders prescribing
the terms and conditions of all transactions and contracts
covered by this chapter which are not within the exclusive
jurisdiction of the commodity futures trading commission as
granted by the commodity exchange act, exempting any
person or transaction from any provision of this chapter
conditionally or unconditionally and otherwise implementing
this chapter for the protection of purchasers and sellers of
commodities. [1987 c 243 § 4; 1986 c 14 § 4.]
21.30.050 Commodity merchants—Place for trading
commodity contract or option—Requirements. (1) No
person may engage in a trade or business or otherwise act as
a commodity merchant unless the person (a) is registered or
temporarily licensed with the commodity futures trading
commission for each activity constituting the person as a
commodity merchant and the registration or temporary
license has not expired, been suspended, or been revoked; or
(b) is exempt from such registration by virtue of the commodity exchange act or a CFTC rule.
(2) No board of trade may trade, or provide a place for
the trading of, any commodity contract or commodity option
required to be traded on or subject to the rules of a contract
market designated by the commodity futures trading commission unless the board of trade has been so designated for
the commodity contract or commodity option and the
designation has not been vacated, suspended, or revoked.
[1986 c 14 § 5.]
21.30.060 Prohibited practices. No person may
directly or indirectly, in or in connection with the purchase
or sale of, the offer to sell, the offer to enter into, or the
entry into of, any commodity contract or commodity option
subject to RCW 21.30.020, 21.30.030, 21.30.040(1)(b), or
21.30.040(1)(d):
(1) Cheat or defraud, or attempt to cheat or defraud, any
other person or employ any device, scheme, or artifice to
defraud any other person;
(2) Make any false report, enter any false record, or
make any untrue statement of a material fact or omit to state
a material fact necessary in order to make the statements
made, in the light of the circumstances under which they
were made, not misleading;
(3) Engage in any transaction, act, practice, or course of
business, including, without limitation, any form of advertising or solicitation, that operates or would operate as a fraud
or deceit upon any person; or
(4) Misappropriate or convert the funds, security, or
property of any other person. [1986 c 14 § 6.]
21.30.070 Responsibility for acts or omissions—
Liability—Burden of proof. (1) The act, omission, or
failure of any official, agent, or other person acting for any
individual, association, partnership, corporation, or trust
within the scope of the person’s employment or office shall
be deemed the act, omission, or failure of such individual,
association, partnership, corporation, or trust, as well as of
such official, agent, or other person.
(2002 Ed.)
Commodity Transactions
21.30.070
(2) Every person who directly or indirectly controls
another person liable under any provision of this chapter,
every partner, officer, or director of such other person, every
person occupying a similar status or performing similar
functions, every employee of such other person who materially aids in the violation is also liable jointly and severally
with and to the same extent as such other person, unless the
person who is also liable by virtue of this provision sustains
the burden of proof that he or she did not know, and in
exercise of reasonable care could not have known, of the
existence of the facts by reason of which the liability is
alleged to exist. [1986 c 14 § 7.]
(1) May make such public or private investigations,
within or without the state, as the director finds necessary or
appropriate to determine whether any person has violated, or
is about to violate, any provision of this chapter or any rule
or order of the director or to aid in enforcement of this
chapter;
(2) May require or permit any person to file a statement
in writing, under oath or otherwise as the director may
determine; and
(3) May publish information concerning any violation of
this chapter or any rule or order under this chapter. [1986
c 14 § 10.]
21.30.080 Offers to sell or buy in this state—
Application of RCW 21.30.020, 21.30.050, and 21.30.060.
(1) RCW 21.30.020, 21.30.050, and 21.30.060 apply to
persons who sell or offer to sell when an offer to sell is
made in this state or an offer to buy is made and accepted in
this state.
(2) RCW 21.30.020, 21.30.050, and 21.30.060 apply to
persons who buy or offer to buy when an offer to buy is
made in this state or an offer to sell is made and accepted in
this state.
(3) For the purpose of this section, an offer to sell or to
buy is made in this state, whether or not either party is then
present in this state, when the offer originates from this state
or is directed by the offeror to this state and received at the
place to which it is directed, or at any post office in this
state in the case of a mailed offer.
(4) For the purpose of this section, an offer to buy or to
sell is accepted in this state when acceptance is communicated to the offeror in this state and has not previously been
communicated to the offeror, orally or in writing, outside
this state, or whether or not either party is then present in
this state, when the offeree directs it to the offeror in this
state reasonably believing the offeror to be in this state and
it is received at the place to which it is directed, or at any
post office in this state in the case of a mailed acceptance.
[1986 c 14 § 8.]
21.30.110 Investigations—Evidence—Subpoenas—
Court orders of compliance. (1) For purposes of any
investigation or proceeding under this chapter, the director or
any officer or employee designated by the director, may
administer oaths and affirmations, subpoena witnesses,
compel their attendance, take evidence, and require the
production of any books, papers, correspondence, memoranda, agreements, or other documents or records which the
director finds to be relevant or material to the inquiry.
(2) If a person does not give testimony or produce the
documents required by the director or a designated employee
pursuant to a lawfully issued administrative subpoena, the
director or designated employee may apply for a court order
compelling compliance with the subpoena or the giving of
the required testimony. The request for an order of compliance may be addressed to either: (a) The superior court of
Thurston county or the superior court where service may be
obtained on the person refusing to testify or produce, if the
person is within this state; or (b) the appropriate court of the
state having jurisdiction over the person refusing to testify or
produce, if the person is outside the state. [1986 c 14 § 11.]
21.30.090 When publications or electronic communications not deemed offers to sell or buy in this state.
(1) For the purpose of RCW 21.30.080, an offer to sell or to
buy is not made in this state when the publisher circulates or
there is circulated on his behalf in this state in any bona fide
newspaper or other publication of general, regular, and paid
circulation, which is not published in this state, an offer to
sell or to buy that is reasonably calculated to solicit only
persons outside this state and not to solicit persons in this
state.
(2) For the purpose of RCW 21.30.080, an offer to sell
or to buy is not made in this state when a radio or television
program or other electronic communication originating
outside this state is received in this state and the offer to sell
or to buy is reasonably calculated to solicit only persons
outside this state and not to solicit persons in this state.
[1986 c 14 § 9.]
21.30.100 Investigations—Statements—Publication
of information. The director in the director’s discretion:
(2002 Ed.)
21.30.120 Violations—Director’s authority—Court
actions—Penalties. (1) If the director believes, whether or
not based upon an investigation conducted under RCW
21.30.100 or 21.30.110, that a person has engaged or is
about to engage in an act or practice constituting a violation
of this chapter or any rule or order hereunder, the director
may:
(a) Issue a cease and desist order;
(b) Initiate any of the actions specified in subsection (2)
of this section;
(c) Issue an order imposing a civil penalty in an amount
which may not exceed ten thousand dollars for any single
violation or one hundred thousand dollars for multiple
violations in a single proceeding or a series of related
proceedings; or
(d) Take disciplinary action against a licensed person as
specified in RCW 21.30.350.
(2) The director may institute any of the following
actions in the appropriate courts of the state, or in the
appropriate courts of another state, in addition to any legal
or equitable remedies otherwise available:
(a) A declaratory judgment;
(b) An action for a prohibitory or mandatory injunction
to enjoin the violation and to ensure compliance with this
chapter or any rule or order of the director;
(c) An action for disgorgement; or
[Title 21 RCW—page 33]
21.30.120
Title 21 RCW: Securities and Investments
(d) An action for appointment of a receiver or conservator for the defendant or the defendant’s assets.
(3) In any action under subsection (2) of this section if
the director prevails, the director shall be entitled to costs
and to reasonable attorneys’ fees to be fixed by the court.
[1986 c 14 § 12.]
21.30.130 Violations—Court-ordered remedies—
Penalties—Bond by director not required. (1)(a) Upon a
proper showing by the director that a person has violated, or
is about to violate, this chapter or any rule or order of the
department, the superior court may grant appropriate legal or
equitable remedies.
(b) Upon showing of violation of this chapter or a rule
or order of the director or administrator, the court, in
addition to legal and equitable remedies otherwise available,
including temporary restraining orders, permanent or
temporary prohibitory or mandatory injunctions, and writs of
prohibition or mandamus, may grant the following special
remedies:
(i) Imposition of a civil penalty in an amount which
may not exceed ten thousand dollars for any single violation
or one hundred thousand dollars for multiple violations in a
single proceeding or a series of related proceedings;
(ii) Disgorgement;
(iii) Declaratory judgment;
(iv) Restitution to investors wishing restitution; and
(v) Appointment of a receiver or conservator for the
defendant or the defendant’s assets.
(c) Appropriate remedies when the defendant is shown
only about to violate this chapter or a rule or order of the
department shall be limited to:
(i) A temporary restraining order;
(ii) A temporary or permanent injunction; or
(iii) A writ of prohibition or mandamus.
(2) The court shall not require the director to post a
bond in any official action under this chapter. [1986 c 14 §
13.]
21.30.140 Wilful violations—Penalty—Limitation on
actions. A person who wilfully violates this chapter, or who
wilfully violates a rule or order under this chapter, shall
upon conviction be fined not more than twenty thousand
dollars or imprisoned not more than ten years, or both.
However, no person may be imprisoned for the violation of
a rule or order if the person proves that he or she had no
knowledge of the rule or order. No indictment or information may be returned under this chapter more than five years
after the alleged violation. [1986 c 14 § 14.]
21.30.150 No liability under chapter for act in good
faith. No provision of this chapter imposing any liability
applies to any act done or omitted in good faith in conformity with a rule, order, or form adopted by the director, notwithstanding that the rule, order, or form may later be
amended, or rescinded, or be determined by judicial or other
authority to be invalid for any reason. [1986 c 14 § 15.]
21.30.160 Unlawful use or disclosure of information. Neither the director nor any employee of the director
shall use any information which is filed with or obtained by
[Title 21 RCW—page 34]
the department which is not public information for personal
gain or benefit, nor shall the director nor any employee of
the director conduct any securities or commodity dealings
whatsoever based upon any such information, even though
public, if there has not been a sufficient period of time for
the securities or commodity markets to assimilate the
information. [1986 c 14 § 17.]
21.30.170 Information—Availability to public—
Exceptions. (1) All information collected, assembled, or
maintained by the director under this chapter is public
information and is available for the examination of the
public as provided by chapter 42.17 RCW except the
following:
(a) Information obtained in private investigations
pursuant to RCW 21.30.100 or 21.30.110;
(b) Information exempt from public disclosure under
chapter 42.17 RCW; and
(c) Information obtained from federal or state agencies
which may not be disclosed under federal or state law.
(2) The director in the director’s discretion may disclose
any information made confidential under subsection (1)(a) of
this section to persons identified in RCW 21.30.180.
(3) No provision of this chapter either creates or
derogates from any privilege which exists at common law,
by statute, or otherwise when any documentary or other
evidence is sought under subpoena directed to the director or
any employee of the director. [1986 c 14 § 18.]
21.30.180 Cooperation with other agencies or
organizations. (1) To encourage uniform application and
interpretation of this chapter and securities and commodities
regulation and enforcement in general, the director and the
employees of the director may cooperate, including bearing
the expense of the cooperation, with the securities agencies
or administrators of another jurisdiction, Canadian provinces,
or territories or such other agencies administering this
chapter or similar statutes, the commodity futures trading
commission, the federal securities and exchange commission,
any self-regulatory organization established under the
commodity exchange act or the securities exchange act of
1934, any national or international organization of commodities or securities officials or agencies, and any governmental
law enforcement agency.
(2) The cooperation authorized by subsection (1) of this
section shall include, but need not be limited to, the following:
(a) Making joint examinations or investigations;
(b) Holding joint administrative hearings;
(c) Filing and prosecuting joint litigation;
(d) Sharing and exchanging information and documents;
(e) Formulating and adopting mutual regulations,
statements of policy, guidelines, proposed statutory changes
and releases; and
(f) Issuing and enforcing subpoenas at the request of the
agency administering similar statutes in another jurisdiction,
the securities agency of another jurisdiction, the commodity
futures trading commission or the federal securities and
exchange commission if the information sought would also
be subject to lawful subpoena for conduct occurring in this
state. [1986 c 14 § 19.]
(2002 Ed.)
Commodity Transactions
21.30.190 Consent for service of process—Service,
how made. (1) Every applicant for registration under this
chapter or person filing a claim of exemption under RCW
21.30.030(7) shall file with the administrator in such form as
the administrator by rule prescribes, an irrevocable consent
appointing the administrator or successor in office to be his
or her attorney to receive service of any lawful process in
any noncriminal suit, action, or proceeding against the
applicant or successor executor or administrator which arises
under this chapter or any rule or order hereunder after the
consent has been filed, with the same force and validity as
if served personally on the person filing the consent.
Service may be made by leaving a copy of the process in the
office of the administrator, but it is not effective unless (a)
the plaintiff, who may be the administrator in a suit, action,
or proceeding instituted by the administrator, forthwith sends
notice of the service and a copy of the process by registered
mail to the defendant or respondent at the last address on file
with the administrator, and (b) the plaintiff’s affidavit of
compliance with this subsection is filed in the case on or
before the return day of the process, if any, or within such
further time as the court allows.
(2) If a person, including a nonresident of this state,
engages in conduct prohibited or made actionable by this
chapter or any rule or order of the director, the engaging in
the conduct shall constitute the appointment of the administrator as the person’s attorney to receive service of any
lawful process in a noncriminal proceeding against the
person, a successor, or personal representative, which arises
out of that conduct and which is brought under this chapter
or any rule or order of the director with the same force and
validity as if served personally. [1987 c 243 § 5; 1986 c 14
§ 20.]
21.30.200 Administrative proceedings—Summary
order—Notice—Hearing—Final order. (1) The director
shall commence an administrative proceeding under this
chapter by entering either a statement of charges or a
summary order. The statement of charges or summary order
may be entered without notice, without opportunity for hearing, and need not be supported by findings of fact or
conclusions of law, but must be in writing.
(2) Upon entry of the statement of charges or summary
order, the director shall promptly inform all interested parties
that they have twenty business days from receipt of notice of
the statement of charges or the summary order to file a
written request for a hearing on the matter with the director
and that the hearing will be scheduled to commence within
thirty business days after receipt of the written request.
(3) If no hearing is requested within the twenty-day
period and none is ordered by the director, the statement of
charges or summary order will automatically become a final
order.
(4) If a hearing is requested or ordered, the director,
after notice of and opportunity for hearing to all interested
persons, may modify or vacate the order or extend it until
final determination.
(5) No final order or order after hearing may be
returned without:
(a) Appropriate notice to all interested persons;
(2002 Ed.)
21.30.190
(b) Opportunity for hearing by all interested persons;
and
(c) Entry of written findings of fact and conclusions of
law.
(6) Every hearing in an administrative proceeding under
this chapter shall be public unless the director grants a
request joined in by all the respondents that the hearing be
conducted privately. [1986 c 14 § 21.]
21.30.210 Application of chapter 34.05 RCW, the
administrative procedure act. Chapter 34.05 RCW applies
to an administrative proceeding carried out by the director
under this chapter unless otherwise provided in this chapter.
[1986 c 14 § 22.]
21.30.220 Pleading exemptions or exceptions—
Burden of proof. It shall not be necessary to negate any of
the exemptions, or exceptions from a definition, of this
chapter in any complaint, information, or indictment, or any
writ or proceeding brought under this chapter; and the
burden of proof of any such exemption or exception from a
definition shall be on the party claiming the same. [1986 c
14 § 23.]
21.30.230 Application for licensing. An applicant for
licensing as a commodity broker-dealer or commodity sales
representative shall file with the administrator or the
designee of the administrator an application for licensing
together with a consent to service of process pursuant to
RCW 21.30.190. The application for licensing must contain
the information that the administrator determines, by rule, is
necessary or appropriate to facilitate the administration of
this chapter. [1986 c 14 § 24.]
21.30.240 Fees. (1) An applicant for licensing shall
pay a registration fee as follows:
(a) For a commodity broker-dealer, two hundred dollars;
and for each branch office, one hundred dollars; and
(b) For a commodity sales representative, fifty dollars.
(2) Except in any year in which a licensing fee is paid,
an applicant shall pay an annual fee as follows:
(a) For a commodity broker-dealer, one hundred dollars;
and for each branch office in this state, fifty dollars; and
(b) For a commodity sales representative, thirty-five dollars.
(3) For purposes of this section, a branch office means
each office of a commodity broker-dealer in this state, other
than the principal office in this state of the commodity
broker-dealer, from which three or more commodity sales
representatives transact business.
(4) If an application is denied or withdrawn or the
license is terminated by revocation, cancellation, or withdrawal, the administrator shall retain the fee paid. [1986 c
14 § 25.]
21.30.250 Examinations—Waiver. (1) The administrator may, by rule or order, impose an examination requirement upon:
(a) An applicant applying for licensing under this
chapter; and
(b) Any class of applicants.
[Title 21 RCW—page 35]
21.30.250
Title 21 RCW: Securities and Investments
(2) Any examination required may be administered by
the administrator or a designee of the administrator.
Examinations may be oral, written, or both and may differ
for each class of applicants.
(3) The administrator may, by order, waive any examination requirement imposed pursuant to subsection (1) of this
section as to any applicant if the administrator determines
that the examination is not necessary in the public interest
and for the protection of investors. [1986 c 14 § 26.]
21.30.260 Expiration of licenses—Authority under
commodity sales representative license—Notification of
changes. (1) The license of a commodity broker-dealer or
commodity sales representative expires on December 31 of
the year for which issued or at such other time as the
administrator may by rule prescribe.
(2) The license of a commodity sales representative is
only effective with respect to transactions effected as an
employee or representative on behalf of the commodity
broker-dealer or issuer for whom the commodity sales
representative is licensed.
(3) When a commodity sales representative begins or
terminates association with a commodity broker-dealer or
issuer, or begins or terminates activities which make that
person a commodity sales representative, the commodity
sales representative and the former commodity broker-dealer
or issuer on whose behalf the commodity sales representative
was acting shall notify promptly the administrator or the
administrator’s designee. [1986 c 14 § 27.]
21.30.270 Multiple licenses, when permitted. No
person may at any one time act as a commodity sales
representative for more than one commodity broker-dealer or
one issuer, except (1) where the commodity broker-dealers
for whom the commodity sales representative will act are
affiliated by direct or indirect common control, a commodity
sales representative may represent each of those organizations or (2) where the administrator, by rule or order,
authorizes multiple licenses as consistent with the public
interest and protection of investors. [1986 c 14 § 28.]
21.30.280 Classification of licenses—Limitations and
conditions of licenses. If the administrator determines, by
rule, that one or more classifications of licenses as a commodity broker-dealer or commodity sales representative
which are subject to limitations and conditions on the nature
of the activities which may be conducted by those persons
are consistent with the public interest and the protection of
investors, the administrator may authorize the licensing of
persons subject to specific limitations and conditions. [1986
c 14 § 29.]
21.30.290 Annual report and fee. For so long as a
commodity broker-dealer or commodity sales representative
is licensed under this chapter, it shall file an annual report,
together with the annual fee specified in RCW 21.30.240(2),
with the administrator or the administrator’s designee at a
time and including that information that the administrator determines, by rule or order, is necessary or appropriate.
[1986 c 14 § 30.]
[Title 21 RCW—page 36]
21.30.300 Minimum net capital and fidelity bond
requirements. (1)(a) The administrator may, by rule,
require a licensed commodity broker-dealer to maintain: (i)
Minimum net capital; and (ii) a prescribed ratio between net
capital and aggregate indebtedness. The minimum net
capital and net capital-to-aggregate indebtedness ratio may
vary with type or class of commodity broker-dealer.
(b) If a licensed commodity broker-dealer believes, or
has reasonable cause to believe, that any requirement
imposed on it under this subsection is not being met, it shall
promptly notify the administrator of its current financial
condition.
(2) The administrator may, by rule, require the furnishing of fidelity bonds from commodity broker-dealers. [1986
c 14 § 31.]
21.30.310 Financial and other reports. A licensed
commodity broker-dealer shall file financial and other reports
that the administrator determines, by rule, are necessary or
appropriate. [1986 c 14 § 32.]
21.30.320 Records. (1) A licensed commodity
broker-dealer or commodity sales representative shall make
and maintain records that the administrator determines, by
rule, are necessary or appropriate.
(2) Required records may be maintained in computer or
microform format or any other form of data storage provided
that the records are readily accessible to the administrator.
(3) Required records must be preserved for five years
unless the administrator, by rule, specifies either a longer or
shorter period for a particular type or class of records.
[1986 c 14 § 33.]
21.30.330 Correcting amendments of information in
application or financial and other reports—Exception. If
the information contained in any document filed with the
administrator or the administrator’s designee pursuant to
RCW 21.30.230 or 21.30.310, except for those documents
which the administrator, by rule or order, may exclude from
this requirement, is or becomes inaccurate or incomplete in
any material respect, the licensed person shall promptly file
a correcting amendment, unless notification of the correction
has been given under RCW 21.30.260(3). [1986 c 14 § 34.]
21.30.340 Examination of records—Copies—Fees.
(1) The administrator, without prior notice, may examine the
records and require copies of the records which a licensed
commodity broker-dealer or commodity sales representative
is required to make and maintain under RCW 21.30.320,
within or without this state, in a manner reasonable under the
circumstances. Commodity broker-dealers and commodity
sales representatives must make their records available to the
administrator in a readable form.
(2) The administrator may copy records or require a
licensed person to copy records and provide the copies to the
administrator in a manner reasonable under the circumstances.
(3) The administrator may impose reasonable fees for
conducting an examination pursuant to this section. [1986
c 14 § 35.]
(2002 Ed.)
Commodity Transactions
21.30.350 Denial, suspension, revocation, or limitation of license—Grounds. (1) The administrator may, by
order, deny, suspend, or revoke any license or an exemption
granted under RCW 21.30.030(7), limit the activities which
an applicant or licensed person may perform in this state,
conserve any applicant or licensed person, or bar any
applicant or licensed person from association with a licensed
commodity broker-dealer, if the administrator finds that (a)
the order is in the public interest and (b) that the applicant
or licensed person or, in the case of a commodity brokerdealer any partner, officer, or director, any person occupying
a similar status or performing similar functions, or any
person directly or indirectly controlling the commodity
broker-dealer:
(i) Has filed an application for licensing with the
administrator or the designee of the administrator which, as
of its effective date, or as of any date after filing in the case
of an order denying effectiveness, was incomplete in any
material respect or contained any statement which was, in
light of the circumstances under which it was made, false or
misleading with respect to any material fact;
(ii)(A) Has violated or failed to comply with a provision
of this chapter, a predecessor act, or a rule or order under
this chapter or a predecessor act, (B) is the subject of an
adjudication or determination within the last five years by a
securities agency or administrator or court of competent
jurisdiction that the person has wilfully violated the federal
securities act of 1933, the securities exchange act of 1934,
the investment advisers act of 1940, the investment company
act of 1940, or the commodity exchange act, or the securities
law of any other state (but only if the acts constituting the
violation of that state’s law would constitute a violation of
this chapter had the acts taken place in this state);
(iii) Has, within the last ten years, pled guilty or nolo
contendere to, or been convicted of any crime indicating a
lack of fitness to engage in the investment commodities
business;
(iv) Is permanently or temporarily enjoined by any court
of competent jurisdiction from engaging in, or continuing,
any conduct or practice indicating a lack of fitness to engage
in the investment commodities business;
(v) Is the subject of an order of the administrator
denying, suspending, or revoking the person’s license as a
commodity or securities broker-dealer, securities salesperson
or commodity sales representative, or investment adviser or
investment adviser salesperson;
(vi) Is the subject of any of the following orders which
are currently effective and which were issued within the last
five years:
(A) An order by a securities agency or administrator of
another state, Canadian province or territory, or the federal
securities and exchange commission, entered after notice and
opportunity for hearing, denying, suspending, or revoking the
person’s license as a commodities or securities broker-dealer,
sales representative, or investment adviser, or the substantial
equivalent of those terms;
(B) A suspension or expulsion from membership in or
association with a self-regulatory organization registered
under the securities exchange act of 1934 or the commodity
exchange act;
(C) A United States postal service fraud order;
(2002 Ed.)
21.30.350
(D) A cease and desist order entered after notice and
opportunity for hearing by the administrator or the securities
agency or administrator of any other state, Canadian province or territory, the securities and exchange commission, or
the commodity futures trading commission;
(E) An order entered by the commodity futures trading
commission denying, suspending, or revoking registration
under the commodity exchange act;
(vii) Has engaged in any unethical or dishonest conduct
or practice in the investment commodities or securities
business;
(viii) Is insolvent, either in the sense that liabilities
exceed assets, or in the sense that obligations cannot be met
as they mature;
(ix) Is not qualified on the basis of such factors as
training, experience, and knowledge of the investment
commodities business;
(x) Has failed reasonably to supervise sales representatives or employees; or
(xi) Has failed to pay the proper filing fee within thirty
days after being notified by the administrator of the deficiency. However, the administrator shall vacate any order under
(xi) of this subsection when the deficiency has been corrected.
An order entered under this subsection shall be governed by subsection (2) of this section and RCW 21.30.200
and 21.30.210.
The administrator shall not institute a suspension or
revocation proceeding on the basis of a fact or transaction
disclosed in the license application unless the proceeding is
instituted within the next ninety days following issuance of
the license.
(2) If the public interest or the protection of investors so
requires, the administrator may, by order, summarily suspend
a license or postpone the effective date of a license. Upon
the entry of the order, the administrator shall promptly notify
the applicant or licensed person, as well as the commodity
broker-dealer with whom the person is or will be associated
if the applicant or licensed person is a commodity sales
representative, that an order has been entered and of the
reasons therefore and that within twenty days after the
receipt of a written request the matter will be set down for
hearing. The provisions of RCW 21.30.200 and 21.30.210
apply with respect to all subsequent proceedings.
(3) If the administrator finds that any applicant or
licensed person is no longer in existence or has ceased to do
business as a commodity broker-dealer or commodity sales
representative or is subject to an adjudication of mental
incompetence or to the control of a committee, conservator,
or guardian, or cannot be located after reasonable search, the
administrator may, by order, cancel the application or
license. [1987 c 243 § 6; 1986 c 14 § 36.]
21.30.360 Violations—Prosecuting attorney may
bring criminal proceedings. The director may refer such
evidence as may be available concerning violations of this
chapter or of any rule or order under this chapter to the
proper prosecuting attorney, who may in his or her discretion, with or without such a reference, institute the appropriate criminal proceedings under this chapter. [1986 c 14 §
37.]
[Title 21 RCW—page 37]
21.30.370
Title 21 RCW: Securities and Investments
21.30.370 Penalties in chapter nonexclusive.
Nothing in this chapter limits the power of the state to
punish a person for conduct which constitutes a crime by
statute or at common law. [1986 c 14 § 38.]
21.30.380 Administration of chapter under director
of financial institutions. The administration of this chapter
shall be under the director of the department of financial
institutions. [1994 c 92 § 6; 1986 c 14 § 39.]
Chapter 21.35
UNIFORM TRANSFER ON DEATH SECURITY
REGISTRATION ACT
Sections
21.35.005
21.35.010
21.35.015
21.35.020
21.35.025
21.30.390 Administrator—Appointment—Delegation
of duties—Term. The director shall appoint a competent
person to administer this chapter, who shall be designated
the administrator. The director shall delegate to the administrator such powers, subject to the authority of the director,
as may be necessary to carry out this chapter. The administrator shall hold office at the pleasure of the director. [1986
c 14 § 16.]
21.30.400 Director’s powers and duties—Rules,
forms, and orders—Fees. In addition to specific authority
granted elsewhere in this chapter, the director may make,
amend, and rescind rules, forms, and orders as are necessary
to carry out this chapter. Such rules or forms shall include
but need not be limited to rules defining any terms, whether
or not used in this chapter, insofar as the definitions are not
inconsistent with this chapter. The director may classify
commodities, commodity contracts, and commodity options,
persons, and matters within the director’s jurisdiction. No
rule or form may be made unless the director finds that the
action is necessary or appropriate in the public interest or for
the protection of the investors and consistent with the
purposes intended by the policy and provisions of this
chapter. The director may, by rule, establish a schedule of
reasonable fees to carry out the purposes of this chapter,
such fees to cover the estimated costs of enforcing this
chapter. [1986 c 14 § 40.]
21.30.800 Securities laws not affected. Nothing in
this chapter shall impair, derogate from, or otherwise affect
the authority or powers of the administrator under the
securities act of Washington, chapter 21.20 RCW, or the
application of any provision thereof to any person or transaction subject thereto. [1986 c 14 § 41.]
21.30.810 Construction and purpose. This chapter
may be construed and implemented to effectuate its general
purpose to protect investors, to prevent and prosecute illegal
and fraudulent schemes involving commodities and to maximize coordination with federal and other states’ law and the
administration and enforcement thereof. [1986 c 14 § 42.]
21.30.900 Severability—1986 c 14. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 14 § 43.]
21.30.901 Effective date—1986 c 14. This act shall
take effect on October 1, 1986. [1986 c 14 § 46.]
[Title 21 RCW—page 38]
21.35.030
21.35.035
21.35.040
21.35.045
21.35.050
21.35.900
21.35.901
Definitions.
Security registered in beneficiary form—Ownership.
Registering a security in beneficiary form—Authorization.
Registering a security in beneficiary form—Designation of
beneficiary.
Registering a security in beneficiary form—Words of designation.
Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change.
Death of owner or owners—Ownership passes to beneficiaries.
Registering entity—Protection.
Transfer on death—Contract—Rights of creditors.
Registering entity—Terms and conditions—Forms authorized.
Short title—Statutory construction.
Application.
21.35.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Beneficiary form" means a registration of a security
that indicates the present owner of the security and the
intention of the owner regarding the person who will become
the owner of the security upon the death of the owner, referred to as a "beneficiary."
(2) "Devisee" means any person designated in a will to
receive a disposition of real or personal property.
(3) "Heirs" means those persons, including the surviving
spouse, who are entitled under the statutes of intestate
succession to the property of a decedent.
(4) "Person" means an individual, a corporation, an
organization, or other legal entity.
(5) "Personal representative" includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function
under the law governing their status.
(6) "Property" includes both real and personal property
or any interest therein and means anything that may be the
subject of ownership.
(7) "Register," including its derivatives, means to issue
a certificate showing the ownership of a certificated security
or, in the case of an uncertificated security, to initiate or
transfer an account showing ownership of securities.
(8) "Registering entity" means a person who originates
or transfers a security title by registration, and includes a
broker maintaining security accounts for customers and a
transfer agent or other person acting for or as an issuer of
securities.
(9) "Security" means a share, participation, or other
interest in property, in a business, or in an obligation of an
enterprise or other issuer, and includes a certificated security,
an uncertificated security, and a security account.
(10) "Security account" means (a) a reinvestment
account associated with a security; a securities account with
a broker; a cash balance in a brokerage account; or cash,
interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage
account, whether or not credited to the account before the
(2002 Ed.)
Uniform Transfer on Death Security Registration Act
owner’s death; or (b) a cash balance or other property held
for or due to the owner of a security as a replacement for or
product of an account security, whether or not credited to the
account before the owner’s death.
(11) "State" includes any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
and any territory or possession subject to the legislative
authority of the United States. [1993 c 287 § 1.]
21.35.010 Security registered in beneficiary form—
Ownership. Only individuals whose registration of a
security shows sole ownership by one individual or multiple
ownership by two or more with right of survivorship, rather
than as tenants in common, may obtain registration in
beneficiary form. Multiple owners of a security registered
in beneficiary form shall hold the security as joint tenants
with right of survivorship either as separate property or as
community property, and not as tenants in common. [1993
c 287 § 2.]
21.35.015 Registering a security in beneficiary
form—Authorization. A registering entity may register a
security in beneficiary form if the form is authorized by this
chapter or a substantially identical statute of another state if
the state is: (1) The state of organization of the issuer or
registering entity, (2) the location of the registering entity’s
principal office, (3) the location of the office of its transfer
agent or its office making the registration, or (4) the location
of the owner’s listed address at the time of registration. A
registration governed by the law of a jurisdiction in which
this or substantially identical legislation is not in force or
was not in force when a registration in beneficiary form was
made is nevertheless presumed to be valid and authorized as
a matter of contract law. [1993 c 287 § 3.]
21.35.020 Registering a security in beneficiary
form—Designation of beneficiary. A security, whether
evidenced by certificate or account, is registered in beneficiary form when the registration includes a designation of a
beneficiary to take the ownership at the death of a sole
owner or at the death of the last to die of multiple owners.
[1993 c 287 § 4.]
21.35.025 Registering a security in beneficiary
form—Words of designation. Registration in beneficiary
form may be shown by the words "transfer on death" or the
abbreviation "TOD," or by the words "pay on death" or the
abbreviation "POD," after the name of the registered owner
or owners and before the name of a beneficiary. [1993 c
287 § 5.]
21.35.030 Designation of a TOD or POD beneficiary—Effect on ownership—Cancellation or change. The
designation of a TOD or POD beneficiary on a registration
in beneficiary form has no effect on ownership of the
security until the owner’s death, or on community property
rights and obligations of owners. A registration of a security
in beneficiary form may be canceled or changed at any time
by the sole owner or all then surviving owners, without the
consent of the beneficiary. [1993 c 287 § 6.]
(2002 Ed.)
21.35.005
21.35.035 Death of owner or owners—Ownership
passes to beneficiaries. On death of a sole owner or the
last to die of all multiple owners, ownership of securities
registered in beneficiary form passes to the beneficiary or
beneficiaries who survive all owners. On proof of death of
all owners and compliance with any applicable requirements
of the registering entity, a security registered in beneficiary
form may be reregistered in the name of the beneficiary or
beneficiaries who survived the death of all owners. Until
division of the security after the death of all owners,
multiple beneficiaries surviving the death of all owners hold
their interests as tenants in common. If no beneficiary
survives the death of all owners, the security belongs to the
estate of the deceased sole owner or the estate of the last to
die of all multiple owners. [1993 c 287 § 7.]
21.35.040 Registering entity—Protection. (1) A
registering entity is not required to offer or to accept a
request for security registration in beneficiary form. If a
registration in beneficiary form is offered by a registering
entity, the owner requesting registration in beneficiary form
assents to the protections given to the registering entity by
this chapter.
(2) By accepting a request for registration of a security
in beneficiary form, the registering entity agrees that the
registration will be implemented on death of the deceased
owner as provided in this chapter.
(3) A registering entity is discharged from all claims to
a security by the estate, creditors, heirs, or devisees of a
deceased owner if it registers a transfer of a security in
accordance with RCW 21.35.035 and does so in good faith
reliance (a) on the registration, (b) on this chapter, and (c)
on information provided to it by affidavit of the personal
representative of the deceased owner, or by the surviving
beneficiary or by the surviving beneficiary’s representatives,
or other information available to the registering entity. The
protections of this chapter do not extend to a reregistration
or payment made after a registering entity has received
written notice from any claimant to any interest in the
security objecting to implementation of a registration in
beneficiary form. No other notice or other information
available to the registering entity affects its right to protection under this chapter.
(4) The protection provided by this chapter to a registering entity does not affect the rights of beneficiaries in
disputes between themselves and other claimants to ownership of the security transferred or its value or proceeds.
[1993 c 287 § 8.]
21.35.045 Transfer on death—Contract—Rights of
creditors. (1) A transfer on death resulting from a registration in beneficiary form is effective by reason of the contract
regarding the registration between the owner and the
registering entity and this chapter and is not testamentary.
(2) This chapter does not limit the rights of creditors of
security owners against beneficiaries and other transferees
under other laws of this state. [1993 c 287 § 9.]
21.35.050 Registering entity—Terms and conditions—Forms authorized. (1) A registering entity offering
[Title 21 RCW—page 39]
21.35.050
Title 21 RCW: Securities and Investments
to accept registrations in beneficiary form may establish the
terms and conditions under which it will receive requests (a)
for registrations in beneficiary form, and (b) for implementation of registrations in beneficiary form, including requests
for cancellation of previously registered TOD beneficiary
designations and requests for reregistration to effect a change
of beneficiary. The terms and conditions so established may
provide for proving death, avoiding or resolving any problems concerning fractional shares, and designating beneficiaries. Other rules for providing proofs and assurances needed
to satisfy reasonable concerns by registering entities regarding conditions and identities relevant to accurate
implementation of registrations in beneficiary form may be
contained in a registering entity’s terms and conditions.
(2) The following are illustrations of registrations in
beneficiary form that a registering entity may authorize:
(a) Sole owner-sole beneficiary: John S. Brown TOD
(or POD) John S. Brown Jr.
(b) Multiple owners-sole beneficiary: John S. Brown
Mary B. Brown JT TEN TOD John S. Brown Jr.
(c) Multiple owners-multiple beneficiaries: John S.
Brown Mary B. Brown JT TEN TOD John S. Brown Jr.
Peter Q. Brown. [1993 c 287 § 10.]
21.35.900 Short title—Statutory construction. (1)
This chapter shall be known as and may be cited as the
uniform TOD security registration act.
(2) This chapter shall be liberally construed and applied
to promote its underlying purposes and policy and to make
uniform the laws with respect to the subject of this chapter
among states enacting it.
(3) Unless displaced by the particular provisions of this
chapter, the principles of law and equity supplement the
provisions of this chapter. [1993 c 287 § 11.]
21.35.901 Application. This chapter applies to
registrations of securities in beneficiary form made before or
after July 25, 1993, by decedents dying on or after July 25,
1993. [1993 c 287 § 12.]
[Title 21 RCW—page 40]
(2002 Ed.)
Title 22
WAREHOUSING AND DEPOSITS
Chapters
22.09
22.16
22.28
22.32
22.09.300
Agricultural commodities.
Warehouses and elevators—Eminent domain.
Safe deposit companies.
General penalties.
Chapter 22.09
AGRICULTURAL COMMODITIES
Sections
22.09.011
22.09.020
22.09.030
22.09.035
22.09.040
22.09.045
22.09.050
22.09.055
22.09.060
22.09.070
22.09.075
22.09.080
22.09.090
22.09.095
22.09.100
22.09.110
22.09.120
22.09.130
22.09.140
22.09.150
22.09.160
22.09.170
22.09.175
22.09.180
22.09.190
22.09.195
22.09.200
22.09.220
22.09.230
22.09.240
22.09.250
22.09.260
22.09.290
(2002 Ed.)
Definitions.
Department authority—Rules.
Warehouse license or licenses required.
Grain dealer license required, exception.
Application for warehouse license.
Application for grain dealer license.
Warehouse license fees—Penalty.
Grain dealer—Exempt grain dealers—License fees—Penalty.
Bond or certificate of deposit and insurance prerequisite to
license—Exemption.
Warehouse licenses—Issuance—Posting—Duration.
Grain dealer licenses—Issuance—Posting—Duration.
Licenses—Denial—Suspension—Revocation.
Bond requisites—Certificate of deposit or other security—
Additional security—Suspension of license for failure to
maintain.
Single bond by multiple applicants.
Bonds—Duration—Release of surety—Cancellation by
surety.
Casualty insurance required—Certificate to be filed.
Insurance—Cancellation procedure—Suspension of license.
Rights and duties of warehousemen—Duty to serve—
Receipts—Special binning—Unsuitable commodities—
Put through commodities.
Rights and duties of licensees—Partial withdrawal—
Adjustment or substitution of receipt—Liability to third
parties.
Rights and duties of warehousemen—Delivery of stored
commodities—Damages.
Rights and duties of licensees—Disposition of hazardous
commodities.
Rights and duties of warehousemen—Special disposition of
commodities under written order.
Presumptions regarding commodities—Approval of contracts.
Rights and duties of licensees—Records, contents—Itemized
charges.
Rights and duties of warehousemen—Rebates, preferences,
etc., prohibited.
Rights and duties of warehousemen—RCW 22.09.190 inapplicable to contracts with governmental agencies.
Rights and duties of licensees—Reports to department.
Rights and duties of licensees—Premises, construction and
maintenance.
Rights and duties of warehouse licensees—Signs—Use of
"Washington Bonded Warehouse."
Rights and duties of warehousemen—Schedule of rates—
Posting—Revision.
Rights and duties of warehousemen—Unlawful practices.
Deposit of commodities unfit for human consumption—
Notice.
Warehouse receipts—Required terms.
22.09.310
22.09.320
22.09.330
22.09.340
22.09.345
22.09.350
22.09.361
22.09.371
22.09.381
22.09.391
22.09.405
22.09.411
22.09.416
22.09.421
22.09.426
22.09.431
22.09.436
22.09.441
22.09.446
22.09.451
22.09.456
22.09.461
22.09.466
22.09.471
22.09.520
22.09.570
22.09.580
22.09.590
22.09.600
22.09.610
22.09.615
22.09.620
22.09.630
22.09.640
22.09.650
22.09.660
22.09.710
22.09.720
22.09.730
22.09.740
Warehouse receipts—Forms, numbering, printing, bond—
Compliance with Article 7 of Title 62A RCW—
Confiscation.
Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty.
Warehouse receipts—Lost or destroyed receipts.
Scale weight tickets not precluded.
Examination of receipts and commodities—Request—Fee—
Access to bins—Records and accounts—Out-of-state
offices.
Inspections—Notice, when issued—Failure to comply, penalty—Court order—Costs, expenses, attorneys’ fees.
Remedies of department on discovery of shortage.
Seizure of commodities or warehouseman’s records—
Department duties—Warehouseman’s remedies—
Expenses and attorneys’ fees.
Depositor’s lien.
Depositors’ claims, processing by department.
Depositor’s lien—Liquidation procedure.
Grain indemnity fund program—Activation—In lieu of other
security.
Grain indemnity fund program—Fund established—
Contents, deposits, disbursements, use.
Grain indemnity fund program—Assessments.
Grain indemnity fund program—Initial assessment—Effect
on preceding security—New applicants for warehouse or
grain dealer licenses.
Grain indemnity fund program—Annual assessments—
Limitations.
Grain indemnity fund program—Additional security.
Grain indemnity fund program—Advisory committee.
Grain indemnity fund program—Processing of claims.
Grain indemnity fund program—Failure to file claim in
time.
Grain indemnity fund program—Payment limitations.
Grain indemnity fund program—Additional payment limitations.
Grain indemnity fund program—Payment of claims—
Restrictions, priority.
Grain indemnity fund program—Debt and obligation of
grain dealer or warehouseman—Recovery by director.
Grain indemnity fund program—Proceedings against licensee.
Deposits as bailments.
Action on bond by director—Authorized—Grounds.
Action on bond by director—Failure of depositor creditor to
file claim upon request—Effect.
Action on bond by director—Records as to depositor creditors missing or information incomplete—Effect.
Action on bond by director—Powers of director.
Action on bond by director—When authorized—New bond,
when required—Penalty for failure to file.
Action by depositor upon licensee’s bond.
Payment for agricultural commodities purchased—Time
requirements.
Payment violations—Recovery by department—Charges to
depositors.
Publication and distribution of list of licensed warehouses.
Remedies of department as to stations.
Emergency storage situation—Forwarding to other warehouses.
Designation of inspection points and terminal warehouses.
Grades and standards of commodities—Regulations.
Inspection or grading of commodities—Methods.
Inspection or grading of commodities—File samples, retention.
[Title 22 RCW—page 1]
Chapter 22.09
22.09.750
22.09.760
22.09.770
22.09.780
22.09.790
22.09.800
22.09.810
22.09.820
22.09.830
22.09.840
22.09.850
22.09.860
22.09.870
22.09.880
22.09.890
22.09.895
22.09.900
22.09.910
22.09.920
22.09.930
22.09.940
22.09.941
Commodity
Title 22 RCW: Warehousing and Deposits
Inspection or grading of commodities—Powers and duties of
inspectors at terminal warehouses—Recordkeeping.
Inspection or grading of commodities—No inspection if
commodity is to be loaded into defective container.
Inspection or grading of commodities—Unlawful practices—
Penalty.
Inspection or grading of commodities.
Inspection or grading of commodities—Fees and charges.
Inspection or grading of commodities—Scales and weighing.
Inspection or grading of commodities—Inspection of commodities shipped to or from places other than inspection
points.
Inspection or grading of commodities—Unloading commodity without inspection or weighing.
Grain inspection revolving fund—Hop inspection fund—
Grain warehouse audit account.
Fumigated conveyances to be labeled.
Railroads to provide side tracks and track scales—Weighing
of cars.
Police protection of terminal yards and tracks.
Injunctions.
Cooperation with governmental agencies and private associations.
General penalty.
Civil penalty.
Continuation of rules adopted pursuant to repealed chapter.
Savings—1963 c 124.
Construction as to Article 7 of Title 62A RCW.
Effective date—1963 c 124.
Severability—1963 c 124.
Severability—1979 ex.s. c 238.
transactions: Chapter 21.30 RCW.
22.09.011 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Department" means the department of agriculture
of the state of Washington.
(2) "Director" means the director of the department or
his duly authorized representative.
(3) "Person" means a natural person, individual, firm,
partnership, corporation, company, society, association,
cooperative, two or more persons having a joint or common
interest, or any unit or agency of local, state, or federal
government.
(4) "Agricultural commodities," or "commodities,"
means: (a) Grains for which inspection standards have been
established under the United States grain standards act; (b)
pulses and similar commodities for which inspection standards have been established under the agricultural marketing
act of 1946; and (c) other similar agricultural products for
which inspection standards have been established or which
have been otherwise designated by the department by rule
for inspection services or the warehousing requirements of
this chapter.
(5) "Warehouse," also referred to as a public warehouse,
means any elevator, mill, subterminal grain warehouse,
terminal warehouse, country warehouse, or other structure or
enclosure located in this state that is used or useable for the
storage of agricultural products, and in which commodities
are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not
include any warehouse storing or handling fresh fruits and/or
vegetables, any warehouse used exclusively for cold storage,
or any warehouse that conditions yearly less than three
hundred tons of an agricultural commodity for compensation.
[Title 22 RCW—page 2]
(6) "Terminal warehouse" means any warehouse
designated as a terminal by the department, and located at an
inspection point where inspection facilities are maintained by
the department and where commodities are ordinarily
received and shipped by common carrier.
(7) "Subterminal warehouse" means any warehouse that
performs an intermediate function in which agricultural
commodities are customarily received from dealers rather
than producers and where the commodities are accumulated
before shipment to a terminal warehouse.
(8) "Station" means two or more warehouses between
which commodities are commonly transferred in the ordinary
course of business and that are (a) immediately adjacent to
each other, or (b) located within the corporate limits of any
city or town and subject to the same transportation tariff
zone, or (c) at any railroad siding or switching area and
subject to the same transportation tariff zone, or (d) at one
location in the open country off rail, or (e) in any area that
can be reasonably audited by the department as a station
under this chapter and that has been established as such by
the director by rule adopted under chapter 34.05 RCW, or (f)
within twenty miles of each other but separated by the
border between Washington and Idaho or Oregon when the
books and records for the station are maintained at the warehouse located in Washington.
(9) "Inspection point" means a city, town, or other place
wherein the department maintains inspection and weighing
facilities.
(10) "Warehouseman" means any person owning,
operating, or controlling a warehouse in the state of Washington.
(11) "Depositor" means (a) any person who deposits a
commodity with a Washington state licensed warehouseman
for storage, handling, conditioning, or shipment, or (b) any
person who is the owner or legal holder of a warehouse receipt, outstanding scale weight ticket, or other evidence of
the deposit of a commodity with a Washington state licensed
warehouseman or (c) any producer whose agricultural
commodity has been sold to a grain dealer through the
dealer’s place of business located in the state of Washington,
or any Washington producer whose agricultural commodity
has been sold to or is under the control of a grain dealer,
whose place of business is located outside the state of Washington.
(12) "Historical depositor" means any person who in the
normal course of business operations has consistently made
deposits in the same warehouse of commodities produced on
the same land. In addition the purchaser, lessee, and/or
inheritor of such land from the original historical depositor
with reference to the land shall be considered a historical
depositor with regard to the commodities produced on the
land.
(13) "Grain dealer" means any person who, through his
place of business located in the state of Washington, solicits,
contracts for, or obtains from a producer, title, possession, or
control of any agricultural commodity for purposes of resale,
or any person who solicits, contracts for, or obtains from a
Washington producer, title, possession, or control of any
agricultural commodity for purposes of resale.
(14) "Producer" means any person who is the owner,
tenant, or operator of land who has an interest in and is
(2002 Ed.)
Agricultural Commodities
entitled to receive all or any part of the proceeds from the
sale of a commodity produced on that land.
(15) "Warehouse receipt" means a negotiable or nonnegotiable warehouse receipt as provided for in Article 7 of
Title 62A RCW.
(16) "Scale weight ticket" means a load slip or other
evidence of deposit, serially numbered, not including
warehouse receipts as defined in subsection (15) of this
section, given a depositor on request upon initial delivery of
the commodity to the warehouse and showing the
warehouse’s name and state number, type of commodity,
weight thereof, name of depositor, and the date delivered.
(17) "Put through" means agricultural commodities that
are deposited in a warehouse for receiving, handling,
conditioning, or shipping, and on which the depositor has
concluded satisfactory arrangements with the warehouseman
for the immediate or impending shipment of the commodity.
(18) "Conditioning" means, but is not limited to, the
drying or cleaning of agricultural commodities.
(19) "Deferred price contract" means a contract for the
sale of commodities that conveys the title and all rights of
ownership to the commodities represented by the contract to
the buyer, but allows the seller to set the price of the
commodities at a later date based on an agreed upon
relationship to a future month’s price or some other mutually
agreeable method of price determination. Deferred price
contracts include but are not limited to those contracts
commonly referred to as delayed price, price later contracts,
or open price contracts.
(20) "Shortage" means that a warehouseman does not
have in his possession sufficient commodities at each of his
stations to cover the outstanding warehouse receipts, scale
weight tickets, or other evidence of storage liability issued or
assumed by him for the station.
(21) "Failure" means:
(a) An inability to financially satisfy claimants in
accordance with this chapter and the time limits provided for
in it;
(b) A public declaration of insolvency;
(c) A revocation of license and the leaving of an
outstanding indebtedness to a depositor;
(d) A failure to redeliver any commodity to a depositor
or to pay depositors for commodities purchased by a licensee
in the ordinary course of business and where a bona fide
dispute does not exist between the licensee and the depositor;
(e) A failure to make application for license renewal
within sixty days after the annual license renewal date; or
(f) A denial of the application for a license renewal.
(22) "Original inspection" means an initial, official
inspection of a grain or commodity.
(23) "Reinspection" means an official review of the
results of an original inspection service by an inspection
office that performed that original inspection service. A
reinspection may be performed either on the basis of the
official file sample or a new sample obtained by the same
means as the original if the lot remains intact.
(24) "Appeal inspection" means, for commodities
covered by federal standards, a review of original inspection
or reinspection results by an authorized United States
department of agriculture inspector. For commodities
covered under state standards, an appeal inspection means a
(2002 Ed.)
22.09.011
review of original or reinspection results by a supervising
inspector. An appeal inspection may be performed either on
the basis of the official file sample or a new sample obtained
by the same means as the original if the lot remains intact.
(25) "Exempt grain dealer" means a grain dealer who
purchases less than one hundred thousand dollars of covered
commodities annually from producers, and operates under
the provisions of RCW 22.09.060. [1994 c 46 § 3; 1989 c
354 § 44; 1988 c 254 § 11; 1987 c 393 § 19; 1983 c 305 §
16.]
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.020 Department authority—Rules. The
department shall administer and carry out the provisions of
this chapter and rules adopted hereunder, and it has the
power and authority to:
(1) Supervise the receiving, handling, conditioning,
weighing, storage, and shipping of all commodities;
(2) Supervise the inspection and grading of commodities;
(3) Approve or disapprove the facilities, including
scales, of all warehouses;
(4) Approve or disapprove all rates and charges for the
handling, storage, and shipment of all commodities;
(5) Investigate all complaints of fraud in the operation
of any warehouse;
(6) Examine, inspect, and audit, during ordinary business hours, any warehouse licensed under this chapter,
including all commodities therein and examine, inspect,
audit, or record all books, documents, and records;
(7) Examine, inspect, and audit during ordinary business
hours, all books, documents, and records, and examine,
inspect, audit, or record records of any grain dealer licensed
hereunder at the grain dealer’s principal office or headquarters;
(8) Inspect at reasonable times any warehouse or storage
facility where commodities are received, handled, conditioned, stored, or shipped, including all commodities stored
therein and all books, documents, and records in order to
determine whether or not such facility should be licensed
pursuant to this chapter;
(9) Inspect at reasonable times any grain dealer’s books,
documents, and records in order to determine whether or not
the grain dealer should be licensed under this chapter;
(10) Administer oaths and issue subpoenas to compel
the attendance of witnesses, and/or the production of books,
documents, and records anywhere in the state pursuant to a
hearing relative to the purpose and provisions of this chapter.
Witnesses shall be entitled to fees for attendance and travel,
as provided in chapter 2.40 RCW;
(11) Adopt rules establishing inspection standards and
procedures for grains and commodities;
(12) Adopt rules regarding the identification of commodities by the use of confetti or other similar means so that
such commodities may be readily identified if stolen or
removed in violation of the provisions of this chapter from
a warehouse or if otherwise unlawfully transported;
(13) Adopt all the necessary rules for carrying out the
purpose and provisions of this chapter. The adoption of
[Title 22 RCW—page 3]
22.09.020
Title 22 RCW: Warehousing and Deposits
rules under the provisions of this chapter shall be subject to
the provisions of chapter 34.05 RCW, the Administrative
Procedure Act. When adopting rules in respect to the
provisions of this chapter, the director shall hold a public
hearing and shall to the best of his ability consult with
persons and organizations or interests who will be affected
thereby, and any final rule adopted as a result of the hearing
shall be designed to promote the provisions of this chapter
and shall be reasonable and necessary and based upon needs
and conditions of the industry, and shall be for the purpose
of promoting the well-being of the industry to be regulated
and the general welfare of the people of the state. [1989 c
354 § 45; 1983 c 305 § 17; 1963 c 124 § 2.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.030 Warehouse license or licenses required.
It shall be unlawful for any person to operate a warehouse
in the state of Washington without first having obtained an
annual license from the department, but this chapter shall not
apply to warehouses that are federally licensed under the
provisions of 7 USC 241 et seq. for the handling and storage
of agricultural commodities. A separate license shall be
required for each warehouse that a person intends to operate,
but any person operating two or more warehouses that
constitute a station may license the warehouses under one
state license. All the assets of a given station that is
licensed under one state license are subject to all the
liabilities of that station and for the purposes of this chapter
shall be treated as a single warehouse, requiring all the
stocks and obligations of the warehouses at a given station
to be treated as a unit for all purposes including, but not
limited to, issuance of warehouse receipts and receipt and
delivery of commodities for handling, conditioning, storage,
or shipment. [1983 c 305 § 18; 1975 1st ex.s. c 7 § 20;
1963 c 124 § 3.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.035 Grain dealer license required, exception.
It is unlawful for any person to operate as a grain dealer in
the state of Washington without first having obtained an
annual license from the department. This chapter does not
apply to a grain dealer that is licensed for dealing in agricultural commodities under federal law. [1983 c 305 § 19.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.040 Application for warehouse license.
Application for a license to operate a warehouse under the
provisions of this chapter shall be on a form prescribed by
the department and shall include:
(1) The full name of the person applying for the license
and whether the applicant is an individual, partnership,
association, corporation, or other entity;
(2) The full name of each member of the firm or
partnership, or the names of the officers of the company,
society, cooperative association, or corporation;
(3) The principal business address of the applicant in the
state and elsewhere;
(4) The name or names of the person or persons
authorized to receive and accept service of summons and
legal notices of all kinds for the applicant;
[Title 22 RCW—page 4]
(5) Whether the applicant has also applied for or has
been issued a grain dealer license under the provisions of
this chapter;
(6) The location of each warehouse the applicant intends
to operate and the location of the headquarters or main office
of the applicant;
(7) The bushel storage capacity of each such warehouse
to be licensed;
(8) The schedule of fees to be charged at each warehouse for the handling, conditioning, storage, and shipment
of all commodities during the licensing period;
(9) A financial statement to determine the net worth of
the applicant to determine whether or not the applicant meets
the minimum net worth requirements established by the
director pursuant to chapter 34.05 RCW. All financial
statement information required by this subsection shall be
confidential information not subject to public disclosure;
(10) Whether the application is for a terminal, subterminal, or country warehouse license;
(11) Whether the applicant has previously been denied
a grain dealer or warehouseman license or whether the
applicant has had either license suspended or revoked by the
department;
(12) Any other reasonable information the department
finds necessary to carry out the purpose and provisions of
this chapter. [1987 c 393 § 17; 1983 c 305 § 20; 1979 ex.s.
c 238 § 13; 1975 1st ex.s. c 7 § 21; 1963 c 124 § 4.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.045 Application for grain dealer license.
Application for a license to operate as a grain dealer under
the provisions of this chapter shall be on a form prescribed
by the department and shall include:
(1) The full name of the person applying for the license
and whether the applicant is an individual, partnership,
association, corporation, or other entity;
(2) The full name of each member of the firm or
partnership, or the names of the officers of the company,
society, cooperative association, or corporation;
(3) The principal business address of the applicant in the
state and elsewhere;
(4) The name or names of the person or persons in this
state authorized to receive and accept service of summons
and legal notices of all kinds for the applicant;
(5) Whether the applicant has also applied for or has
been issued a warehouse license under this chapter;
(6) The location of each business location from which
the applicant intends to operate as a grain dealer in the state
of Washington whether or not the business location is
physically within the state of Washington, and the location
of the headquarters or main office of the application;
(7) A financial statement to determine the net worth of
the applicant to determine whether or not the applicant meets
the minimum net worth requirements established by the
director under chapter 34.05 RCW. However, if the applicant is a subsidiary of a larger company, corporation,
society, or cooperative association, both the parent company
and the subsidiary company must submit a financial statement to determine whether or not the applicant meets the
minimum net worth requirements established by the director
under chapter 34.05 RCW. All financial statement in(2002 Ed.)
Agricultural Commodities
formation required by this subsection shall be confidential
information not subject to public disclosure;
(8) Whether the applicant has previously been denied a
grain dealer or warehouseman license or whether the
applicant has had either license suspended or revoked by the
department;
(9) Any other reasonable information the department
finds necessary to carry out the purpose and provisions of
this chapter. [1987 c 393 § 18; 1983 c 305 § 21.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.050 Warehouse license fees—Penalty. Any
application for a license to operate a warehouse shall be
accompanied by a license fee of one thousand three hundred
fifty dollars for a terminal warehouse, one thousand fifty
dollars for a subterminal warehouse, and five hundred dollars
for a country warehouse. If a licensee operates more than
one warehouse under one state license as provided for in
RCW 22.09.030, the license fee shall be computed by
multiplying the number of physically separated warehouses
within the station by the applicable terminal, subterminal, or
country warehouse license fee.
If an application for renewal of a warehouse license or
licenses is not received by the department prior to the
renewal date or dates established by the director by rule, a
penalty of fifty dollars for the first week and one hundred
dollars for each week thereafter shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license may be issued. This penalty does not
apply if the applicant furnishes an affidavit certifying that he
has not acted as a warehouseman subsequent to the expiration of his or her prior license. [1997 c 303 § 6; 1994 c 46
§ 4; 1991 c 109 § 25; 1986 c 203 § 13; 1983 c 305 § 22;
1979 ex.s. c 238 § 14; 1963 c 124 § 5.]
Effective date—1997 c 303 §§ 6 and 7: "Sections 6 and 7 of this act
take effect July 1, 1998." [1997 c 303 § 8.]
Findings—1997 c 303: See note following RCW 43.135.055.
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1986 c 203: See note following RCW 15.17.230.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.055 Grain dealer—Exempt grain dealers—
License fees—Penalty. An application for a license to
operate as a grain dealer shall be accompanied by a license
fee of seven hundred fifty dollars. The license fee for exempt grain dealers shall be three hundred dollars.
If an application for renewal of a grain dealer or exempt
grain dealer license is not received by the department before
the renewal date or dates established by the director by rule,
a penalty of fifty dollars for the first week and one hundred
dollars for each week thereafter shall be assessed and added
to the original fee and shall be paid by the applicant before
the renewal license may be issued. This penalty does not
apply if the applicant furnishes an affidavit certifying that he
has not acted as a grain dealer or exempt grain dealer after
the expiration of his or her prior license. [1997 c 303 § 7;
1994 c 46 § 5; 1991 c 109 § 26; 1988 c 95 § 1; 1986 c 203
§ 14; 1983 c 305 § 23.]
Effective date—1997 c 303 §§ 6 and 7: See note following RCW
22.09.050.
Findings—1997 c 303: See note following RCW 43.135.055.
(2002 Ed.)
22.09.045
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1986 c 203: See note following RCW 15.17.230.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.060 Bond or certificate of deposit and insurance prerequisite to license—Exemption. Except as
provided in RCW 22.09.405(2), no warehouse or grain
dealer license may be issued to an applicant before a bond,
certificate of deposit, or other security is given to the
department as provided in RCW 22.09.090, or in RCW
22.09.095. No warehouse license may be issued to an
applicant before a certificate of insurance as provided in
RCW 22.09.110 has been filed with the department. Grain
dealers may be exempted by rule from the bonding requirement if the grain dealer does not do more than one hundred
thousand dollars in business annually and makes payments
solely in coin or currency of the United States at the time of
obtaining possession or control of grain. However, a
cashier’s check, certified check, or bankdraft may be
considered as cash for purposes of this section. [1988 c 95
§ 2; 1987 c 509 § 1; 1983 c 305 § 24; 1975 1st ex.s. c 7 §
22; 1963 c 124 § 6.]
Severability—1987 c 509: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 509 § 22.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.070 Warehouse licenses—Issuance—Posting—
Duration. The department shall issue a warehouse license
to an applicant upon its determination that the applicant has
facilities adequate for handling and storage of commodities
and, if applicable, conditioning, and that the application is in
the proper form and upon approval of the matters contained
on the application and upon a showing that the applicant has
complied with the provisions of this chapter and rules
adopted hereunder. The licensee shall immediately upon receipt of the license post it in a conspicuous place in the
office of the licensed warehouse or if a station license, in the
main office at the station. The license automatically expires
on the date set by rule by the director unless it has been
revoked, canceled, or suspended by the department before
that date. Fees shall be prorated where necessary to accommodate the staggering of renewal dates of a license or
licenses. [1991 c 109 § 27; 1983 c 305 § 25; 1963 c 124 §
7.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.075 Grain dealer licenses—Issuance—
Posting—Duration. The department shall issue a grain
dealer license to an applicant upon its determination that the
application is in its proper form and upon approval of the
matters contained on the application and upon a showing that
the applicant has complied with the provisions of this
chapter and rules adopted hereunder. The licensee shall
immediately upon receipt of the license post it in a conspicuous place in its principal place of business. The license
expires automatically on a date set by rule by the director
unless it has been revoked, canceled, or suspended by the
department before that date. Fees shall be prorated where
[Title 22 RCW—page 5]
22.09.075
Title 22 RCW: Warehousing and Deposits
necessary in order to accommodate staggered renewal of a
license or licenses. [1991 c 109 § 28; 1983 c 305 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.080 Licenses—Denial—Suspension—
Revocation. The department is authorized to deny, suspend,
or revoke a license after a hearing in any case in which it is
determined that there has been a violation or refusal to
comply with the requirements of this chapter, rules adopted
hereunder, or the provisions of Article 7 of Title 62A RCW
as enacted or hereafter amended. All hearings for the denial,
suspension, or revocation of a license shall be subject to
chapter 34.05 RCW (Administrative Procedure Act) as
enacted or hereafter amended. [1979 ex.s. c 238 § 15; 1963
c 124 § 8.]
22.09.090 Bond requisites—Certificate of deposit or
other security—Additional security—Suspension of
license for failure to maintain. (1) An applicant for a
warehouse or grain dealer license pursuant to the provisions
of this chapter shall give a bond to the state of Washington
executed by the applicant as the principal and by a corporate
surety licensed to do business in this state as surety.
(2) The bond required under this section for the issuance
of a warehouse license shall be in the sum of not less than
fifty thousand dollars nor more than seven hundred fifty
thousand dollars. The department shall, after holding a
public hearing, determine the amount that will be required
for the warehouse bond which shall be computed at a rate of
not less than fifteen cents nor more than thirty cents per
bushel multiplied by the number of bushels of licensed commodity storage capacity of the warehouses of the applicant
furnishing the bond. The applicant for a warehouse license
may give a single bond meeting the requirements of this
chapter, and all warehouses operated by the warehouseman
are deemed to be one warehouse for the purpose of the
amount of the bond required under this subsection. Any
change in the capacity of a warehouse or addition of any
new warehouse involving a change in bond liability under
this chapter shall be immediately reported to the department.
(3) The bond required under this section for the issuance
of a grain dealer license shall be in the sum of not less than
fifty thousand dollars nor more than seven hundred fifty
thousand dollars. The department shall, after holding a
public hearing, determine the amount that will be required
for the dealer bond which shall be computed at a rate not
less than six percent nor more than twelve percent of the
sales of agricultural commodities purchased by the dealer
from producers during the dealer’s last completed fiscal year
or in the case of a grain dealer who has been engaged in
business as a grain dealer less than one year, the estimated
aggregate dollar amount to be paid by the dealer to producers for agricultural commodities to be purchased by the
dealer during the dealer’s first fiscal year.
(4) An applicant making application for both a warehouse license and a grain dealer license may satisfy the
bonding requirements set forth in subsections (2) and (3) of
this section by giving to the state of Washington a single
bond for the issuance of both licenses, which bond shall be
in the sum of not less than fifty thousand dollars nor more
than seven hundred fifty thousand dollars. The department
[Title 22 RCW—page 6]
shall, after holding a public hearing, determine the amount
of the bond which shall be computed at a rate of not less
than fifteen cents nor more than thirty cents per bushel
multiplied by the number of bushels of licensed commodity
storage capacity of the warehouses of the applicant furnishing the bond, or at the rate of not less than six percent
nor more than twelve percent of the gross sales of agricultural commodities of the applicant whichever is greater.
(5) The bonds required under this chapter shall be
approved by the department and shall be conditioned upon
the faithful performance by the licensee of the duties
imposed upon him by this chapter. If a person has applied
for warehouse licenses to operate two or more warehouses
in this state, the assets applicable to all warehouses, but not
the deposits except in case of a station, are subject to the
liabilities of each. The total and aggregate liability of the
surety for all claims upon the bond is limited to the face
amount of the bond.
(6) Any person required to submit a bond to the
department under this chapter has the option to give the
department a certificate of deposit or other security acceptable to the department payable to the director as trustee, in
lieu of a bond or a portion thereof. The principal amount of
the certificate or other security shall be the same as that
required for a surety bond under this chapter or may be in an
amount which, when added to the bond, will satisfy the
licensee’s requirements for a surety bond under this chapter,
and the interest thereon shall be made payable to the
purchaser of the certificate or other security. The certificate
of deposit or other security shall remain on deposit until it
is released, canceled, or discharged as provided for by rule
of the department. The provisions of this chapter that apply
to a bond required under this chapter apply to each certificate of deposit or other security given in lieu of such a bond.
(7) The department may, when it has reason to believe
that a grain dealer does not have the ability to pay producers
for grain purchased, or when it determines that the grain
dealer does not have a sufficient net worth to outstanding
financial obligations ratio, or when it believes there may be
claims made against the bond in excess of the face amount
of the bond, require a grain dealer to post an additional bond
in a dollar amount deemed appropriate by the department or
may require an additional certificate of deposit or other
security. The additional bonding or other security may exceed the maximum amount of the bond otherwise required
under this chapter. Failure to post the additional bond,
certificate of deposit, or other security constitutes grounds
for suspension or revocation of a license issued under this
chapter.
(8) Notwithstanding any other provisions of this chapter,
the license of a warehouseman or grain dealer shall automatically be suspended in accordance with RCW 22.09.100 for
failure at any time to have or to maintain a bond, certificate
of deposit, or other security or combination thereof in the
amount and type required by this chapter. The department
shall remove the suspension or issue a license as the case
may be, when the required bond, certificate of deposit, or
other security has been obtained. [1987 c 509 § 2; 1983 c
305 § 27; 1975 1st ex.s. c 7 § 23; 1969 ex.s. c 132 § 2;
1963 c 124 § 9.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
(2002 Ed.)
Agricultural Commodities
Grain indemnity fund program: See RCW 22.09.405 through 22.09.471.
22.09.095 Single bond by multiple applicants. (1)
Two or more applicants for a warehouse or grain dealer
license may provide a single bond to the state of Washington, executed by a corporate surety licensed to do
business in this state and designating each of the applicants
as a principal on said bond.
(2) The department shall promulgate rules establishing
the amount of the bond required under this section. In no
event shall that amount be less than ten percent of the
aggregate amount of each of the bonds that would be
required of the applicants under RCW 22.09.090 or less than
the amount that would be required under RCW 22.09.090 for
the applicant having the highest bond requirement under that
section. [1987 c 509 § 3.]
Severability—1987 c 509: See note following RCW 22.09.060.
Grain indemnity fund program: See RCW 22.09.405 through 22.09.471.
22.09.100 Bonds—Duration—Release of surety—
Cancellation by surety. (1) Every bond filed with and
approved by the department shall without the necessity of
periodic renewal remain in force and effect until such time
as the warehouseman or grain dealer license of each principal on the bond is revoked or otherwise canceled.
(2) The surety on a bond, as provided in this chapter,
shall be released and discharged from all liability to the
state, as to a principal whose license is revoked or canceled,
which liability accrues after the expiration of thirty days
from the effective date of the revocation or cancellation of
the license. The surety on a bond under this chapter shall be
released and discharged from all liability to the state accruing on the bond after the expiration of ninety days from the
date upon which the surety lodges with the department a
written request to be released and discharged. Nothing in
this section shall operate to relieve, release, or discharge the
surety from any liability which accrues before the expiration
of the respective thirty or ninety-day period. In the event of
a cancellation by the surety, the surety shall simultaneously
send the notification of cancellation in writing to any other
governmental agency requesting it. Upon receiving any such
request, the department shall promptly notify the principal or
principals who furnished the bond, and unless the principal
or principals file a new bond on or before the expiration of
the respective thirty or ninety-day period, the department
shall forthwith cancel the license of the principal or principals whose bond has been canceled. [1987 c 509 § 4; 1983
c 305 § 28; 1963 c 124 § 10.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.110 Casualty insurance required—Certificate
to be filed. All commodities in storage in a warehouse shall
be kept fully insured for the current market value of the
commodity for the license period against loss by fire, lightning, internal explosion, windstorm, cyclone, and tornado.
Evidence of the insurance coverage in the form of a certificate of insurance approved by the department shall be filed
by the warehouseman with the department at the time of
making application for an annual license to operate a
warehouse as required by this chapter. The department shall
(2002 Ed.)
22.09.090
not issue a license until the certificate of insurance is
received. [1983 c 305 § 29; 1963 c 124 § 11.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.120 Insurance—Cancellation procedure—
Suspension of license. (1) Upon the existence of an
effective policy of insurance as required in RCW 22.09.110,
the insurance company involved shall be required to give
thirty days’ advance notice to the department by registered
mail or certified mail return receipt requested of any
cancellation of the policy. In the event of any cancellation,
the department, without hearing, shall immediately suspend
the license of such person, and the suspension shall not be
removed until satisfactory evidence of the existence of an
effective policy of insurance, conditioned as above set out,
has been submitted to the department. [1963 c 124 § 12.]
22.09.130 Rights and duties of warehousemen—
Duty to serve—Receipts—Special binning—Unsuitable
commodities—Put through commodities. (1) Every
warehouseman shall receive for handling, conditioning,
storage, or shipment, so far as the capacity and facilities of
his warehouse will permit, all commodities included in the
provisions of this chapter, in suitable condition for storage,
tendered him in the usual course of business from historical
depositors and shall issue therefor a warehouse receipt or
receipts in a form prescribed by the department as provided
in this chapter or a scale weight ticket. Warehousemen may
accept agricultural commodities from new depositors who
qualify to the extent of the capacity of that warehouse. The
deposit for handling, conditioning, storage, or shipment of
the commodity must be credited to the depositor in the
books of the warehouseman as soon as possible, but in no
event later than seven days from the date of the deposit. If
the commodity has been graded a warehouse receipt shall be
issued within ten days after demand by the owner.
(2) If requested by the depositor, each lot of his
commodity shall be kept in a special pile or special bin, if
available, but in the case of a bulk commodity, if the lot or
any portion of it does not equal the capacity of any available
bin, the depositor may exercise his option to require the
commodity to be specially binned only on agreement to pay
charges based on the capacity of the available bin most
nearly approximating the required capacity.
(3) A warehouseman may refuse to accept for storage,
commodities that are wet, damaged, insect-infested, or in
other ways unsuitable for storage.
(4) Terminal and subterminal warehousemen shall
receive put through agricultural commodities to the extent
satisfactory transportation arrangements can be made, but
may not be required to receive agricultural commodities for
storage. [1983 c 305 § 30; 1981 c 296 § 38; 1979 ex.s. c
238 § 16; 1963 c 124 § 13.]
Severability—1983 c 305: See note following RCW 20.01.010.
Severability—1981 c 296: See note following RCW 15.08.010.
22.09.140 Rights and duties of licensees—Partial
withdrawal—Adjustment or substitution of receipt—
Liability to third parties. (1) When partial withdrawal of
his commodity is made by a depositor, the warehouseman
shall make appropriate notation thereof on the depositor’s
[Title 22 RCW—page 7]
22.09.140
Title 22 RCW: Warehousing and Deposits
nonnegotiable receipt or on other records, or, if the warehouseman has issued a negotiable receipt to the depositor, he
shall claim, cancel, and replace it with a negotiable receipt
showing the amount of such depositor’s commodity remaining in the warehouse, and for his failure to claim and cancel,
upon delivery to the owner of a commodity stored in his
warehouse, a negotiable receipt issued by him, the negotiation of which would transfer the right to possession of such
commodity, a warehouseman shall be liable to anyone who
purchases such receipt for value and in good faith, for failure
to deliver to him all the commodity specified in the receipt,
whether such purchaser acquired title to the negotiable
receipt before or after delivery of any part of the commodity
by the warehouseman. [1963 c 124 § 14.]
22.09.150 Rights and duties of warehousemen—
Delivery of stored commodities—Damages. (1) The duty
of the warehouseman to deliver the commodities in storage
is governed by the provisions of this chapter and the
requirements of Article 7 of Title 62A RCW. Upon the
return of the receipt to the proper warehouseman, properly
endorsed, and upon payment or tender of all advances and
legal charges, the warehouseman shall deliver commodities
of the grade and quantity named upon the receipt to the
holder of the receipt, except as provided by Article 7 of Title
62A RCW.
(2) A warehouseman’s duty to deliver any commodity
is fulfilled if delivery is made pursuant to the contract with
the depositor or if no contract exists, then to the several
owners in the order of demand as rapidly as it can be done
by ordinary diligence. Where delivery is made within fortyeight hours excluding Saturdays, Sundays, and legal holidays
after facilities for receiving the commodity are provided, the
delivery is deemed to comply with this subsection.
(3) No warehouseman may fail to deliver a commodity
as provided in this section, and delivery shall be made at the
warehouse or station where the commodity was received
unless the warehouseman and depositor otherwise agree in
writing.
(4) In addition to being subject to penalties provided in
this chapter for a violation of this section, if a warehouseman unreasonably fails to deliver commodities within the
time as provided in this section, the person entitled to
delivery of the commodity may maintain an action against
the warehouseman for any damages resulting from the
warehouseman’s unreasonable failure to so deliver. In any
such action the person entitled to delivery of the commodity
has the option to seek recovery of his actual damages or
liquidated damages of one-half of one percent of the value
for each day’s delay after the forty-eight hour period. [1983
c 305 § 31; 1979 ex.s. c 238 § 17; 1963 c 124 § 15.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.160 Rights and duties of licensees—
Disposition of hazardous commodities. (1) If a warehouseman discovers that as a result of a quality or condition
of a certain commodity placed in his warehouse, including
identity preserved commodities as provided for in RCW
22.09.130(2), of which he had no notice at the time of
deposit, such commodity is a hazard to other commodities or
to persons or to the warehouse he may notify the depositor
[Title 22 RCW—page 8]
that it will be removed. If the depositor does not accept
delivery of such commodity upon removal the warehouseman may sell the commodity at public or private sale
without advertisement but with reasonable notification of the
sale to all persons known to claim an interest in the commodity. If the warehouseman after a reasonable effort is
unable to sell the commodity, he may dispose of it in any
other lawful manner and shall incur no liability by reason of
such disposition.
(2) At any time prior to sale or disposition as authorized
in this section, the warehouseman shall deliver the commodity to any person entitled to it, upon proper demand and
payment of charges.
(3) From the proceeds of sale or other disposition of the
commodity the warehouseman may satisfy his charges for
which otherwise he would have a lien, and shall hold the
balance thereof for delivery on the demand of any person to
whom he would have been required to deliver the commodity. [1963 c 124 § 16.]
22.09.170 Rights and duties of warehousemen—
Special disposition of commodities under written order.
If the owner of the commodity or his authorized agent gives
or furnishes to a licensed warehouseman a written instruction
or order, and if the order is properly made a part of the
warehouseman’s records and is available for departmental
inspection, then the warehouseman:
(1) May receive the commodity for the purpose of
processing or conditioning;
(2) May receive the commodity for the purpose of
shipping by the warehouseman for the account of the
depositor;
(3) May accept an agricultural commodity delivered as
seed and handle it pursuant to the terms of a contract with
the depositor and the contract shall be considered written
instructions pursuant to this section. [1983 c 305 § 32; 1963
c 124 § 17.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.175 Presumptions regarding commodities—
Approval of contracts. (1) A commodity deposited with a
warehouseman without a written agreement for sale of the
commodity to the warehouseman shall be handled and
considered to be a commodity in storage.
(2) A presumption is hereby created that in all written
agreements for the sale of commodities, the intent of the
parties is that title and ownership to the commodities shall
pass on the date of payment therefor. This presumption may
only be rebutted by a clear statement to the contrary in the
agreement.
(3) Any warehouseman or grain dealer entering into a
deferred price contract with a depositor shall first have the
form of the contract approved by the director. The director
shall adopt rules setting forth the standards for approval of
the contracts. [1983 c 305 § 33.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.180 Rights and duties of licensees—Records,
contents—Itemized charges. (1) The licensee shall
maintain complete records at all times with respect to all
agricultural commodities handled, stored, shipped, or
(2002 Ed.)
Agricultural Commodities
merchandised by him, including commodities owned by him.
The department shall adopt rules specifying the minimum record-keeping requirements necessary to comply with this
section.
(2) The licensee shall maintain an itemized statement of
any charges paid by the depositor. [1983 c 305 § 34; 1975
1st ex.s. c 7 § 24; 1963 c 124 § 18.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.190 Rights and duties of warehousemen—
Rebates, preferences, etc., prohibited. No warehouseman
subject to the provisions of this chapter may:
(1) Directly or indirectly, by any special charge, rebate,
drawback, or other device, demand, collect, or receive from
any person a greater or lesser compensation for any service
rendered or to be rendered in the handling, conditioning,
storage, or shipment of any commodity than he demands,
collects, or receives from any other person for doing for him
a like and contemporaneous service in the handling, conditioning, storage, or shipment of any commodity under
substantially similar circumstances or conditions;
(2) Make or give any undue or unreasonable preference
or advantage to any person in any respect whatsoever;
(3) Subject any particular person to any undue or
unreasonable prejudice or disadvantage in any respect
whatsoever. [1983 c 305 § 35; 1963 c 124 § 19.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.195 Rights and duties of warehousemen—
RCW 22.09.190 inapplicable to contracts with governmental agencies. RCW 22.09.190 does not apply to
contracts entered into with a governmental agency, state or
federal, for the handling, conditioning, storage, or shipping
of agricultural commodities. [1983 c 305 § 36; 1979 ex.s.
c 238 § 24.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.200 Rights and duties of licensees—Reports
to department. Each licensee shall report information to
the department at such times and as may be reasonably
required by the department for the necessary enforcement
and supervision of a sound, reasonable, and efficient commodity inspection program for the protection of depositors
of commodities and for persons or agencies who deal in
commodities. [1983 c 305 § 37; 1963 c 124 § 20.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.220 Rights and duties of licensees—Premises,
construction and maintenance. A warehouse or station
shall be constructed and maintained in a manner adequate to
carry out the provisions of this chapter. [1963 c 124 § 22.]
22.09.230 Rights and duties of warehouse licensees—Signs—Use of "Washington Bonded Warehouse."
Every warehouse licensee shall post at or near the main
entrance to each of his warehouses a sign as prescribed by
the department which shall include the words "Washington
Bonded Warehouse." It is unlawful to display such sign or
any sign of similar appearance or bearing the same words,
or words of similar import, when the warehouse is not
(2002 Ed.)
22.09.180
licensed and bonded under this chapter. [1983 c 305 § 39;
1963 c 124 § 23.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.240 Rights and duties of warehousemen—
Schedule of rates—Posting—Revision. Every warehouseman shall annually, during the first week in July, publish by
posting in a conspicuous place in each of his warehouses the
schedule of handling, conditioning, and storage rates filed
with the department for the ensuing license year. The
schedule shall be kept posted, and the rates shall not be
changed during such year except after thirty days’ written
notice to the director and proper posting of the changes on
the licensee’s premises. [1991 c 109 § 29; 1983 c 305 § 40;
1963 c 124 § 24.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.250 Rights and duties of warehousemen—
Unlawful practices. It is unlawful for a warehouseman to:
(1) Issue a warehouse receipt for any commodity that he
does not have in his warehouse at the time the receipt is
issued;
(2) Issue warehouse receipts in excess of the amount of
the commodities held in the licensee’s warehouse to cover
the receipt;
(3) Remove, deliver, direct, assist, or permit any person
to remove, or deliver any commodity from any warehouse
for which warehouse receipts have been issued and are
outstanding without receiving and canceling the warehouse
receipt issued therefor;
(4) Sell, encumber, ship, transfer, or in any manner
remove or permit to be shipped, transferred, or removed
from a warehouse any commodity received by him for
deposit, handling, conditioning, or shipment, for which scale
weight tickets have been issued without the written approval
of the holder of the scale weight ticket and such transfer
shall be shown on the individual depositor’s account and the
inventory records of the warehouseman;
(5) Remove, deliver, direct, assist, or permit any person
to deliver, or remove any commodities from any warehouse,
whereby the amount of any fairly representative grade or
class of any commodity in the warehouses of the licensee is
reduced below the amount for which warehouse receipts or
scale weight tickets for the particular commodity are
outstanding;
(6) Issue a warehouse receipt showing a grade or
description different from the grade or description of the
commodity delivered;
(7) Issue a warehouse receipt or scale weight ticket that
exceeds the amount of the actual quantity of commodities
delivered for storage;
(8) Fail to deliver commodities pursuant to RCW
22.09.150 upon demand of the depositor;
(9) Knowingly accept for storage any commodity
destined for human consumption that has been contaminated
with an agricultural pesticide or filth rendering it unfit for
human consumption, if the commodities are commingled
with any uncontaminated commodity;
(10) Terminate storage of a commodity in his warehouse
without giving thirty days’ written notice to the depositor.
[1983 c 305 § 41; 1963 c 124 § 25.]
[Title 22 RCW—page 9]
22.09.250
Title 22 RCW: Warehousing and Deposits
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.260 Deposit of commodities unfit for human
consumption—Notice. No depositor may knowingly deliver
for handling, conditioning, storage, or shipment any commodity treated with an agricultural pesticide or contaminated
with filth rendering it unfit for human consumption without
first notifying the warehouseman. [1983 c 305 § 42; 1963
c 124 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.290 Warehouse receipts—Required terms. (1)
Every warehouse receipt issued for commodities covered by
this chapter shall embody within its written or printed terms:
(a) The grade of the commodities as described by the
official standards of this state, unless the identity of the
commodity is in fact preserved in a special pile or special
bin, and an identifying mark of such pile or bin shall appear
on the face of the receipt and on the pile or bin. A commodity in a special pile or bin shall not be removed or
relocated without canceling the outstanding receipt and
issuing a new receipt showing the change;
(b) Such other terms and conditions as required by
Article 7 of Title 62A RCW: PROVIDED, That nothing
contained therein requires a receipt issued for wheat to specifically state the variety of wheat by name;
(c) A clause reserving for the warehouseman the
optional right to terminate storage upon thirty days’ written
notice to the depositor and collect outstanding charges
against any lot of commodities after June 30th following the
date of the receipt.
(2) Warehouse receipts issued under the United States
Warehouse Act (7 USCA § 241 et seq.) are deemed to fulfill
the requirements of this chapter so far as it pertains to the
issuance of warehouse receipts. [1989 c 354 § 46; 1983 c
305 § 43; 1979 ex.s. c 238 § 19; 1963 c 124 § 29.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.300 Warehouse receipts—Forms, numbering,
printing, bond—Compliance with Article 7 of Title 62A
RCW—Confiscation. (1) All warehouse receipts issued
under this chapter shall be upon forms prescribed by the
department and supplied only to licensed warehousemen at
cost of printing, packing, and shipping, as determined by the
department. They shall contain the state number of such
license and shall be numbered serially for each state number
and the original negotiable receipts shall bear the state seal.
Requests for such receipts shall be on forms furnished by the
department and shall be accompanied by payment to cover
cost: PROVIDED, That the department by order may allow
a warehouseman to have his individual warehouse receipts
printed, after the form of the receipt is approved as in
compliance with this chapter, and the warehouseman’s
printer shall supply an affidavit stating the amount of
receipts printed, numbers thereof: PROVIDED FURTHER,
That the warehouseman must supply a bond in an amount
fixed by the department and not to exceed five thousand
dollars to cover any loss resulting from the unlawful use of
any such receipts.
[Title 22 RCW—page 10]
(2) All warehouse receipts shall comply with the
provisions of Article 7 of Title 62A RCW as enacted or
hereafter amended, except as to the variety of wheat as set
forth in RCW 22.09.290(1)(b) herein, and with the provisions of this chapter where not inconsistent or in conflict
with Article 7 of Title 62A RCW. All receipts remaining
unused shall be confiscated by the department if the license
required herein is not promptly renewed or is suspended,
revoked, or canceled. [1979 ex.s. c 238 § 20; 1963 c 124 §
30.]
22.09.310 Warehouse receipts—Dealing in unauthorized receipts prohibited—Penalty. Any person, or any
agent or servant of that person, or any officer of a corporation who prints, binds, or delivers warehouse receipt forms,
except on an order or requisition signed by the director, or
who uses such forms knowing that they were not so printed,
bound, or delivered is guilty of a class C felony and is
punishable as provided in chapter 9A.20 RCW. [1983 c 305
§ 44; 1963 c 124 § 31.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.320 Warehouse receipts—Lost or destroyed
receipts. In case any warehouse receipt issued by a licensee
shall be lost or destroyed, the owner thereof shall be entitled
to a duplicate receipt from the licensee upon executing and
delivering to the warehouseman issuing such receipt, a bond
in double the value of the commodity covered by such lost
receipt, with good and sufficient surety to indemnify the
warehouseman against any loss sustained by reason of the
issuance of such duplicate receipt, and such duplicate receipt
shall state that it is issued in lieu of the former receipt,
giving the number and date thereof. [1963 c 124 § 32.]
22.09.330 Scale weight tickets not precluded.
Nothing in this chapter may be construed to prevent the
issuance of scale weight tickets showing when and what
quantities of commodities were received and the condition
thereof upon delivery. [1983 c 305 § 45; 1963 c 124 § 33.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.340 Examination of receipts and commodities—Request—Fee—Access to bins—Records and
accounts—Out-of-state offices. (1) Upon the request of
any person or persons having an interest in a commodity
stored in any public warehouse and upon payment of fifty
dollars in advance by the person or persons, the department
may cause the warehouse to be inspected and shall check the
outstanding negotiable and nonnegotiable warehouse receipts,
and scale weight tickets that have not been superseded by
negotiable or nonnegotiable warehouse receipts, with the
commodities on hand and shall report the amount of receipts
and scale weight tickets outstanding and the amount of
storage, if any. If the cost of the examination is more than
fifty dollars, the person or persons having an interest in the
commodity stored in the warehouse and requesting the
examination, shall pay the additional cost to the department,
unless a shortage is found to exist.
(2) A warehouse shall be maintained in a manner that
will provide a reasonable means of ingress and egress to the
various storage bins and compartments by those persons
(2002 Ed.)
Agricultural Commodities
authorized to make inspections, and an adequate facility to
complete the inspections shall be provided.
(3) The property, books, records, accounts, papers, and
proceedings of every such warehouseman shall at all
reasonable times be subject to inspection by the department.
The warehouseman shall maintain adequate records and systems for the filing and accounting of warehouse receipts,
canceled warehouse receipts, scale weight tickets, other
documents, and transactions necessary or common to the
warehouse industry. Canceled warehouse receipts, copies of
scale weight tickets, and other copies of documents evidencing ownership or ownership liability shall be retained by the
warehouseman for a period of at least three years from the
date of deposit.
(4) Any warehouseman whose principal office or
headquarters is located outside the state of Washington shall
make available, if requested, during ordinary business hours,
at any of their warehouses licensed in the state of Washington, all books, documents, and records for inspection.
(5) Any grain dealer whose principal office or headquarters is located outside the state of Washington shall make
available, if requested, all books, documents, and records for
inspection during ordinary business hours at any facility
located in the state of Washington, or if no facility in the
state of Washington, then at a Washington state department
of agriculture office or other mutually acceptable place.
[1983 c 305 § 46; 1963 c 124 § 34.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.345 Inspections—Notice, when issued—
Failure to comply, penalty—Court order—Costs, expenses, attorneys’ fees. (1) The department may give written
notice to the warehouseman or grain dealer to submit to
inspection, and/or furnish required reports, documents, or
other requested information, under such conditions and at
such time as the department may deem necessary whenever
a warehouseman or grain dealer fails to:
(a) Submit his books, papers, or property to lawful
inspection or audit;
(b) Submit required reports or documents to the department by their due date; or
(c) Furnish the department with requested information,
including but not limited to correction notices.
(2) If the warehouseman or grain dealer fails to comply
with the terms of the notice within twenty-four hours from
the date of its issuance, or within such further time as the
department may allow, the department shall levy a fine of
fifty dollars per day from the final date for compliance allowed by this section or the department. In those cases
where the failure to comply continues for more than thirty
days or where the director determines the failure to comply
creates a threat of loss to depositors, the department may, in
lieu of levying further fines petition the superior court of the
county where the licensee’s principal place of business in
Washington is located, as shown by the license application,
for an order:
(a) Authorizing the department to seize and take
possession of all books, papers, and property of all kinds
used in connection with the conduct or the operation of the
warehouseman’s or grain dealer’s business, and the books,
(2002 Ed.)
22.09.340
papers, records, and property that pertain specifically,
exclusively, and directly to that business; and
(b) Enjoining the warehouseman or grain dealer from
interfering with the department in the discharge of its duties
as required by this chapter.
(3) All necessary costs and expenses, including
attorneys’ fees, incurred by the department in carrying out
the provisions of this section may be recovered at the same
time and as part of the action filed under this section. [1987
c 393 § 20; 1983 c 305 § 47.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.350 Remedies of department on discovery of
shortage. (1) Whenever it appears that there is evidence
after any investigation that a warehouseman has a shortage,
the department may levy a fine of one hundred dollars per
day until the warehouseman covers the shortage.
(2) In any case where the director determines the
shortage creates a substantial or continuing threat of loss to
the depositors of the warehouseman, the department may, in
lieu of levying a fine or further fines, give notice to the
warehouseman to comply with all or any of the following
requirements:
(a) Cover the shortage;
(b) Give additional bond as requested by the department;
(c) Submit to such inspection as the department may
deem necessary;
(d) Cease accepting further commodities from depositors
or selling, encumbering, transporting, or otherwise changing
possession, custody, or control of commodities owned by the
warehouseman until there is no longer a shortage.
(3) If the warehouseman fails to comply with the terms
of the notice provided for in subsection (2) of this section
within twenty-four hours from the date of its issuance, or
within such further time as the department may allow, the
department may petition the superior court of the county
where the licensee’s principal place of business in Washington is located as shown by the license application, for an
order:
(a) Authorizing the department to seize and take
possession of all or a portion of special piles and special
bins of commodities and all or a portion of commingled
commodities in the warehouse or warehouses owned,
operated, or controlled by the warehouseman, and of all
books, papers, and property of all kinds used in connection
with the conduct or the operation of the warehouseman’s
warehouse business, and the books, papers, records, and
property that pertain specifically, exclusively, and directly to
that business; and
(b) Enjoining the warehouseman from interfering with
the department in the discharge of its duties as required by
this section. [1983 c 305 § 48; 1963 c 124 § 35.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.361
Seizure of commodities or
warehouseman’s records—Department duties—
Warehouseman’s remedies—Expenses and attorneys’
fees. (1) Whenever the department, pursuant to court order,
seizes and takes possession of all or a portion of special
piles and special bins of commodities, all or a portion of
[Title 22 RCW—page 11]
22.09.361
Title 22 RCW: Warehousing and Deposits
commingled commodities in a warehouse owned, operated,
or controlled by a warehouseman, or books, papers, and
property of any kind used in connection with the conduct of
a warehouseman’s warehouse business, the department shall:
(a) Give written notice of its action to the surety on the
bond of the warehouseman and may notify the holders of
record, as shown by the warehouseman’s records, of all
warehouse receipts or scale weight tickets issued for commodities, to present their warehouse receipt or other evidence of deposits for inspection, or to account for the same.
The department may thereupon cause an audit to be made of
the affairs of the warehouse, especially with respect to the
commodities in which there is an apparent shortage, to
determine the amount of the shortage and compute the
shortage as to each depositor as shown by the
warehouseman’s records, if practicable. The department
shall notify the warehouseman and the surety on his bond of
the approximate amount of the shortage and notify each
depositor thereby affected by sending notice to the
depositor’s last known address as shown by the records of
the warehouseman.
(b) Retain possession of the commodities in the warehouse or warehouses, and of the books, papers, and property
of the warehouseman, until the warehouseman or the surety
on the bond has satisfied the claims of all holders of
warehouse receipts or other evidence of deposits, or, in case
the shortage exceeds the amount of the bond, the surety on
the bond has satisfied the claims pro rata.
(2) At any time within ten days after the department
takes possession of any commodities or the books, papers,
and property of any warehouse, the warehouseman may
serve notice upon the department to appear in the superior
court of the county in which the warehouse is located, at a
time to be fixed by the court, which shall not be less than
five nor more than fifteen days from the date of the service
of the notice, and show cause why such commodities, books,
papers, and property should not be restored to his possession.
(3) All necessary expenses and attorneys’ fees incurred
by the department in carrying out the provisions of this
section may be recovered in the same action or in a separate
civil action brought by the department in the superior court.
(4) As a part of the expenses so incurred, the department is authorized to include the cost of adequate liability
insurance necessary to protect the department, its officers,
and others engaged in carrying out the provisions of this
section. [1983 c 305 § 49.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.371 Depositor’s lien. (1) When a depositor
stores a commodity with a warehouseman or sells a commodity to a grain dealer, the depositor has a first priority
statutory lien on the commodity or the proceeds therefrom or
on commodities owned by the warehouseman or grain dealer
if the depositor has written evidence of ownership disclosing
a storage obligation or written evidence of sale. The lien
arises at the time the title is transferred from the depositor
to the warehouseman or grain dealer, or if the commodity is
under a storage obligation, the lien arises at the commencement of the storage obligation. The lien terminates when the
liability of the warehouseman or grain dealer to the depositor
terminates or if the depositor sells his commodity to the
[Title 22 RCW—page 12]
warehouseman or grain dealer, then thirty days after the date
title passes. If, however, the depositor is tendered payment
by check or draft, then the lien shall not terminate until forty
days after the date title passes.
(2) The lien created under this section shall be preferred
to any lien or security interest in favor of any creditor of the
warehouseman or grain dealer, regardless of whether the
creditor’s lien or security interest attached to the commodity
or proceeds before or after the date on which the depositor’s
lien attached under subsection (1) of this section.
(3) A depositor who claims a lien under subsection (1)
of this section need not file any notice of the lien in order to
perfect the lien.
(4) The lien created by subsection (1) of this section is
discharged, except as to the proceeds therefrom and except
as to commodities owned by the warehouseman or grain
dealer, upon sale of the commodity by the warehouseman or
grain dealer to a buyer in the ordinary course of business.
[1987 c 393 § 21; 1983 c 305 § 50.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.381 Depositors’ claims, processing by department. In the event of a failure of a grain dealer or warehouseman, the department may process the claims of
depositors possessing written evidence of ownership disclosing a storage obligation or written evidence of a sale of
commodities in the following manner:
(1) The department shall give notice and provide a
reasonable time to depositors possessing written evidence of
ownership disclosing a storage obligation or written evidence
of sale of commodities to file their claims with the department.
(2) The department may investigate each claim and
determine whether the claimant’s commodities are under a
storage obligation or whether a sale of the commodities has
occurred. The department may, in writing, notify each
claimant and the failed grain dealer or warehouseman of the
department’s determination as to the status and amount of
each claimant’s claim. A claimant, failed warehouseman, or
grain dealer may request a hearing on the department’s
determination within twenty days of receipt of written
notification, and a hearing shall be held in accordance with
chapter 34.05 RCW.
(3) The department may inspect and audit the failed
warehouseman to determine whether the warehouseman has
in his possession sufficient quantities of commodities to
cover his storage obligations. In the event of a shortage, the
department shall determine each depositor’s pro rata share of
available commodities and the deficiency shall be considered
as a claim of the depositor. Each type of commodity shall
be treated separately for [the] purpose of determining
shortages.
(4) The department shall determine the amount, if any,
due each claimant by the surety and make demand upon the
bond in the manner set forth in this chapter. [1983 c 305 §
51.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.391 Depositor’s lien—Liquidation procedure.
Upon the failure of a grain dealer or warehouseman, the
statutory lien created in RCW 22.09.371 shall be liquidated
(2002 Ed.)
Agricultural Commodities
by the department to satisfy the claims of depositors in the
following manner:
(1) The department shall take possession of all commodities in the warehouse, including those owned by the warehouseman or grain dealer, and those that are under warehouse receipts or any written evidence of ownership that
discloses a storage obligation by a failed warehouseman,
including but not limited to scale weight tickets, settlement
sheets, and ledger cards. These commodities shall be
distributed or sold and the proceeds distributed to satisfy the
outstanding warehouse receipts or other written evidences of
ownership. If a shortage exists, the department shall
distribute the commodities or the proceeds from the sale of
the commodities on a prorated basis to the depositors. To
the extent the commodities or the proceeds from their sale
are inadequate to satisfy the claims of depositors with
evidence of storage obligations, the depositors have a first
priority lien against any proceeds received from commodities
sold while under a storage obligation or against any commodities owned by the failed warehouseman or grain dealer.
(2) Depositors possessing written evidence of the sale of
a commodity to the failed warehouseman or grain dealer,
including but not limited to scale weight tickets, settlement
sheets, deferred price contracts, or similar commodity
delivery contracts, who have completed delivery and passed
title during a thirty-day period immediately before the failure
of the failed warehouseman or grain dealer have a second
priority lien against the commodity, the proceeds of the sale,
or warehouse-owned or grain dealer-owned commodities. If
the commodity, commodity proceeds, or warehouse-owned
or grain dealer-owned commodities are insufficient to wholly
satisfy the claim of depositors possessing written evidence of
the sale of the commodity to the failed warehouseman or
grain dealer, each depositor shall receive a pro rata share
thereof.
(3) Upon the satisfaction of the claims of depositors
qualifying for first or second priority treatment, all other
depositors possessing written evidence of the sale of the
commodity to the failed warehouseman or grain dealer have
a third priority lien against the commodity, the proceeds of
the sale, or warehouse-owned or grain dealer-owned commodities. If the commodities, commodity proceeds, or
warehouse-owned or grain dealer-owned commodities are
insufficient to wholly satisfy these claims, each depositor
shall receive a pro rata share thereof.
(4) The director of agriculture may represent depositors
whom, under RCW 22.09.381, the director has determined
have claims against the failed warehouseman or failed grain
dealer in any action brought to enjoin or otherwise contest
the distributions made by the director under this section.
[1987 c 393 § 22; 1983 c 305 § 52.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.405 Grain indemnity fund program—
Activation—In lieu of other security. (1) The provisions
of this section and RCW 22.09.416 through 22.09.471
constitute the grain indemnity fund program. RCW
22.09.416 through 22.09.471 shall take effect on a date
specified by the director but within ninety days after receipt
by the director of a petition seeking implementation of the
grain indemnity fund program provided for in this chapter
(2002 Ed.)
22.09.391
and a determination by the director, following a public
hearing on said petition, that a grain indemnity fund program
is in the interest of the agricultural industry of this state.
The petition shall be signed by licensees of at least thirtythree percent of the grain warehouses and thirty-three percent
of the grain dealers. At least sixty days in advance, the
director shall notify each licensed warehouse and grain
dealer of the effective date of the grain indemnity fund
program provisions.
(2) The grain indemnity fund program, if activated by
the director, shall be in lieu of the bonding and security
provisions of RCW 22.09.090 and 22.09.095. [1987 c 509
§ 7.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.411 Grain indemnity fund program—Fund
established—Contents, deposits, disbursements, use. (1)
There is hereby established a fund to be known as the grain
indemnity fund. The grain indemnity fund shall consist of
assessments remitted by licensees pursuant to the provisions
of RCW 22.09.416 through 22.09.426.
(2) All assessments shall be paid to the department and
shall be deposited in the grain indemnity fund. The state
treasurer shall be the custodian of the grain indemnity fund.
Disbursements shall be on authorization of the director. No
appropriation is required for disbursements from this fund.
(3) The grain indemnity fund shall be used exclusively
for purposes of paying claimants pursuant to this chapter,
and paying necessary expenses of administering the grain
indemnity fund, provided however, that moneys equivalent
to one-half of the interest earned by the fund for deposit to
the general fund may be paid to the department to defray
costs of administering the warehouse audit program. The
state of Washington shall not be liable for any claims
presented against the fund. [1991 sp.s. c 13 § 67; 1987 c
509 § 8.]
Effective dates—Severability—1991 sp.s. c 13: See notes followi
ng RCW 18.08.240.
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.416 Grain indemnity fund program—
Assessments. (1) Every licensed warehouse and grain dealer
and every applicant for any such license shall pay assessments to the department for deposit in the grain indemnity
fund according to the provisions of RCW 22.09.405 through
22.09.471 and rules promulgated by the department to implement this chapter.
(2) The rate of the assessments shall be established by
rule, provided however, that no single assessment against a
licensed warehouse or grain dealer or applicant for any such
license shall exceed five percent of the bond amount that
would otherwise have been required of such grain dealer,
warehouseman, or license applicant under RCW 22.09.090.
[1987 c 509 § 9.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.421 Grain indemnity fund program—Initial
assessment—Effect on preceding security—New applicants for warehouse or grain dealer licenses. (1) The
department shall establish the initial assessment within sixty
days of the activation of the grain indemnity fund program
[Title 22 RCW—page 13]
22.09.421
Title 22 RCW: Warehousing and Deposits
pursuant to RCW 22.09.405. Immediately upon promulgation of the rule, the department shall issue notice to each
licensed warehouse and grain dealer of the assessment owed.
The initial assessment and assessments issued thereafter shall
be paid within thirty days of the date posted on the assessment notice.
(2) The surety bond or other security posted by a
licensed warehouse or grain dealer in effect immediately
preceding the effective date of the grain indemnity fund
program, shall remain in full force and effect and shall not
be released until thirty days after the initial assessment is
paid. A certificate of deposit or other security in effect
immediately preceding the effective date of the grain
indemnity fund program shall remain on deposit until the
initial assessment is paid and until such certificate of deposit
or other security is released by the department following a
prompt determination that no outstanding claims are pending
against the security.
(3) Each new applicant for a warehouse or grain dealer
license shall pay the assessment imposed pursuant to RCW
22.09.416 at the time of application. No license to operate
as a grain dealer or grain warehouse or both shall be issued
until such assessment is paid.
Notwithstanding the provisions of RCW 22.09.416(2),
new applicants shall pay annual assessments into the grain
indemnity fund for an equivalent number of years as those
participating at the inception of the grain indemnity fund
program and who continue to participate in the grain
indemnity fund program. [1987 c 509 § 10.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.436 Grain indemnity fund program—
Advisory committee. (1) There is hereby created a grain
indemnity fund advisory committee consisting of six members to be appointed by the director. The director shall
make appointments to the committee no later than seven
days following the date this section becomes effective
pursuant to RCW 22.09.405. Of the initial appointments,
three shall be for two-year terms and three shall be for threeyear terms. Thereafter, appointments shall be for three-year
terms, each term ending on the same day of the same month
as did the term preceding it. Any member appointed to fill
a vacancy occurring prior to the expiration of the term for
which the member’s predecessor was appointed shall hold
office for the remainder of the predecessor’s term.
(2) The committee shall be composed of two producers
primarily engaged in the production of agricultural commodities, two licensed grain dealers, and two licensed grain
warehousemen.
(3) The committee shall meet at such places and times
as it shall determine and as often as necessary to discharge
the duties imposed upon it. Each committee member shall
be compensated in accordance with RCW 43.03.240 and
shall be reimbursed for travel and subsistence expense under
RCW 43.03.050 and 43.03.060. The expenses of the
committee and its operation shall be paid from the grain
indemnity fund.
(4) The committee shall have the power and duty to
advise the director concerning assessments, administration of
the grain indemnity fund, and payment of claims from the
fund. [1987 c 509 § 13.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.426 Grain indemnity fund program—Annual
assessments—Limitations. The assessments imposed
pursuant to RCW 22.09.416 shall be imposed annually,
under rules promulgated by the department, until such time
as the grain indemnity fund balance, less any outstanding
claims, reaches three million dollars. For any year in which
the grain indemnity fund balance, less any outstanding
claims, exceeds three million dollars on the annual assessment date, no assessment shall be imposed by the department, except as provided in RCW 22.09.421(3) or 22.09.431.
[1987 c 509 § 11.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.431 Grain indemnity fund program—
Additional security. The department may, when it has
reason to believe that a licensee does not have the ability to
pay producers for grain purchased, or when it determines
that the licensee does not have a sufficient net worth to
outstanding financial obligations ratio, require from the
licensee the payment of an additional assessment or, at the
department’s option, the posting of a bond or other additional security in an amount to be prescribed by rule. The
additional assessment or other security may exceed the maximum amount set forth in RCW 22.09.416. Failure of the
licensee to timely pay the additional assessment or post the
additional bond or other security constitutes grounds for
suspension or revocation of a license issued under this
chapter. [1987 c 509 § 12.]
Severability—1987 c 509: See note following RCW 22.09.060.
[Title 22 RCW—page 14]
22.09.441 Grain indemnity fund program—
Processing of claims. In the event a grain dealer or
warehouse fails, as defined in RCW 22.09.011(21), or
otherwise fails to comply with the provisions of this chapter
or rules promulgated hereunder, the department shall process
the claims of depositors producing written evidence of ownership disclosing a storage obligation or written evidence of
a sale of commodities for damages caused by the failure, in
the following manner:
(1) The department shall give notice and provide a
reasonable time, not to exceed thirty days, to depositors
possessing written evidence of ownership disclosing a
storage obligation or written evidence of sale of commodities
to file their written verified claims with the department.
(2) The department may investigate each claim and
determine whether the claimant’s commodities are under a
storage obligation or whether a sale of commodities has
occurred. The department shall notify each claimant, the
grain warehouseman or grain dealer, and the committee of
the department’s determination as to the validity and amount
of each claimant’s claim. A claimant, warehouseman, or
grain dealer may request a hearing on the department’s
determination within twenty days of receipt of written
notification and a hearing shall be held by the department
pursuant to chapter 34.05 RCW. Upon determining the
amount and validity of the claim, the director shall pay the
claim from the grain indemnity fund.
(3) The department may inspect and audit a failed
warehouseman, as defined by RCW 22.09.011(21) to
(2002 Ed.)
Agricultural Commodities
determine whether the warehouseman has in his possession,
sufficient quantities of commodities to cover his storage
obligations. In the event of a shortage, the department shall
determine each depositor’s pro rata share of available
commodities and the deficiency shall be considered as a
claim of the depositor. Each type of commodity shall be
treated separately for the purpose of determining shortages.
[1987 c 509 § 14.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.446 Grain indemnity fund program—Failure
to file claim in time. If a depositor or creditor, after
notification, refuses or neglects to file in the office of the
director his verified claim against a warehouseman or grain
dealer as requested by the director within thirty days from
the date of the request, the director shall thereupon be
relieved of responsibility for taking action with respect to
such claim later asserted and no such claim shall be paid
from the grain indemnity fund. [1987 c 509 § 15.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.451 Grain indemnity fund program—
Payment limitations. Subject to the provisions of RCW
22.09.456 and 22.09.461 and to a maximum payment of
seven hundred fifty thousand dollars on all claims against a
single licensee, approved claims against a licensed warehouseman or licensed grain dealer shall be paid from the
grain indemnity fund in the following amounts:
(1) Approved claims against a licensed warehouseman
shall be paid in full;
(2) Approved claims against a licensed grain dealer for
payments due within thirty days of transfer of title shall be
paid in full for the first twenty-five thousand dollars of the
claim. The amount of such a claim in excess of twenty-five
thousand dollars shall be paid to the extent of eighty percent;
(3) Approved claims against a licensed grain dealer for
payments due between thirty and ninety days of transfer of
title shall be paid to the extent of eighty percent;
(4) Approved claims against a licensed grain dealer for
payments due after ninety days from transfer of title shall be
paid to the extent of seventy-five percent;
(5) In the event that approved claims against a single
licensee exceed seven hundred fifty thousand dollars,
recovery on those claims shall be prorated. [1987 c 509 §
16.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.456 Grain indemnity fund program—
Additional payment limitations. In addition to the payment limitations imposed by RCW 22.09.451, payment of
any claim approved before the grain indemnity fund first
reaches a balance of one million two hundred fifty thousand
dollars, shall be limited to the following amounts:
(1) For claims against a licensed grain warehouse,
payment shall not exceed the lesser of seven hundred fifty
thousand dollars or an amount equal to the licensee’s total
bushels of licensed storage space multiplied by the rate of
eighteen cents.
(2) For claims against a licensed grain dealer, payment
shall not exceed the lesser of seven hundred fifty thousand
dollars or an amount equal to six percent of the gross
(2002 Ed.)
22.09.441
purchases of the licensee during the licensee’s immediately
preceding fiscal year.
(3) The unpaid balance of any claim subject to this
section shall be paid when the grain indemnity fund first
reaches a balance of one million two hundred fifty thousand
dollars, provided that the total paid on the claim shall not
exceed the limits specified in RCW 22.09.451. [1987 c 509
§ 17.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.461 Grain indemnity fund program—
Payment of claims—Restrictions, priority. The requirement that the state of Washington pay claims under this
chapter only exists so long as the grain indemnity fund
contains sufficient money to pay the claims. Under no
circumstances whatsoever may any funds (other than assessment amounts and other money obtained under this chapter)
be used to pay claims. In the event that the amount in the
grain indemnity fund is insufficient to pay all approved
claims in the amount provided for under RCW 22.09.451 or
22.09.456, the claims shall be paid in the order in which
they were filed with the department, until such time as
sufficient moneys are available in the grain indemnity fund
to pay all of the claims. [1987 c 509 § 18.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.466 Grain indemnity fund program—Debt
and obligation of grain dealer or warehouseman—
Recovery by director. Amounts paid from the grain
indemnity fund in satisfaction of any approved claim shall
constitute a debt and obligation of the grain dealer or warehouseman against whom the claim was made. On behalf of
the grain indemnity fund, the director may bring suit, file a
claim, or intervene in any legal proceeding to recover from
the grain dealer or warehouseman the amount of the payment
made from the grain indemnity fund, together with costs and
attorneys’ fees incurred. In instances where the superior
court is the appropriate forum for a recovery action, the
director may elect to institute the action in the superior court
of Thurston county. [1987 c 509 § 19.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.471 Grain indemnity fund program—
Proceedings against licensee. The department may deny,
suspend, or revoke the license of any grain dealer or
warehouseman who fails to timely pay assessments to the
grain indemnity fund or against whom a claim has been
made, approved, and paid from the grain indemnity fund.
Proceedings for the denial, suspension, or revocation shall be
subject to the provisions of chapter 34.05 RCW. [1987 c
509 § 20.]
Severability—1987 c 509: See note following RCW 22.09.060.
22.09.520 Deposits as bailments. Whenever any
commodity shall be delivered to a warehouse under this
chapter, and the scale ticket or warehouse receipt issued
therefor provides for the return of a like amount of like kind,
grade, and class to the holder thereof, such delivery shall be
a bailment and not a sale of the commodity so delivered. In
no case shall such commodities be liable to seizure upon
process of any court in an action against such bailee, except
[Title 22 RCW—page 15]
22.09.520
Title 22 RCW: Warehousing and Deposits
action by the legal holder of the warehouse receipt to
enforce the terms thereof. Such commodities, in the event
of failure or insolvency of such bailee, shall be applied
exclusively to the redemption of such outstanding warehouse
receipts and scale weight tickets covering commodities so
stored with such bailee. The commodities on hand in any
warehouse or warehouses with a particular license, as provided in RCW 22.09.030, shall be applied to the redemption
and satisfaction of warehouse receipts and scale weight
tickets which were issued pursuant to the particular license.
Commodities in special piles or special bins shall be applied
exclusively against the warehouse receipts or scale weight
tickets issued therefor. [1987 c 393 § 23; 1963 c 124 § 52.]
22.09.570
Action on bond by director—
Authorized—Grounds. The director may bring action upon
the bond of a warehouseman or grain dealer against both
principal against whom a claim has been made and the
surety in any court of competent jurisdiction to recover the
damages caused by any failure to comply with the provisions
of this chapter or the rules adopted hereunder. Recovery for
damages against a warehouseman or grain dealer on a bond
furnished under RCW 22.09.095 shall be limited to the bond
amount that would be required for that warehouseman or
grain dealer under RCW 22.09.090. [1987 c 509 § 5; 1983
c 305 § 56; 1975 1st ex.s. c 7 § 29.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.580 Action on bond by director—Failure of
depositor creditor to file claim upon request—Effect. If
a depositor creditor after notification fails, refuses, or
neglects to file in the office of the director his verified claim
against a warehouseman or grain dealer bond as requested by
the director within thirty days from the date of the request,
the director shall thereupon be relieved of further duty or
action under this chapter on behalf of the depositor creditor.
[1983 c 305 § 57; 1975 1st ex.s. c 7 § 30.]
Severability—1983 c 305: See note following RCW 20.01.010.
claims with the surety company on the bond, and is empowered in such cases to execute and deliver a release and
discharge of the bond involved. [1983 c 305 § 59; 1975 1st
ex.s. c 7 § 32.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.610 Action on bond by director—When
authorized—New bond, when required—Penalty for
failure to file. Upon the refusal of the surety company to
pay the demand, the director may thereupon bring an action
on the warehouseman’s or grain dealer’s bond in behalf of
the depositor creditors. Upon any action being commenced
on the bond, the director may require the filing of a new
bond, and immediately upon the recovery in any action on
the bond, a new bond shall be filed. The failure to file the
new bond or otherwise satisfy the security requirements of
this chapter within ten days in either case constitutes grounds
for the suspension or revocation of the license of any principal on the bond. [1987 c 509 § 6; 1983 c 305 § 60; 1975
1st ex.s. c 7 § 33.]
Severability—1987 c 509: See note following RCW 22.09.060.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.615 Action by depositor upon licensee’s bond.
(1) If no action is commenced under RCW 22.09.570 within
thirty days after written demand to the department, any
depositor injured by the failure of a licensee to comply with
the condition of his bond has a right of action upon the
licensee’s bond for the recovery of his damages. The
depositor shall give the department immediate written notice
of the commencement of any such action.
(2) Recovery under the bond shall be prorated when the
claims exceed the liability under the bond.
(3) Whenever the claimed shortage exceeds the amount
of the bond, it is not necessary for any depositor suing on
the bond to join other depositors in the suit, and the burden
of establishing proration is on the surety as a matter of
defense. [1983 c 305 § 53; 1963 c 124 § 37. Formerly
RCW 22.09.370.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.590 Action on bond by director—Records as
to depositor creditors missing or information incomplete—Effect. Where by reason of the absence of records
or other circumstances making it impossible or unreasonable
for the director to ascertain the names and addresses of all
the depositor creditors, the director after exerting due diligence and making reasonable inquiry to secure that information from all reasonable and available sources, may make
demand on a warehouseman’s or grain dealer’s bond on the
basis of information then in his possession, and thereafter
shall not be liable or responsible for claims or the handling
of claims that may subsequently appear or be discovered.
[1983 c 305 § 58; 1975 1st ex.s. c 7 § 31.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.600 Action on bond by director—Powers of
director. Upon ascertaining all claims and statements in the
manner set forth in this chapter, the director may then make
demand upon the warehouseman’s or grain dealer’s bond on
behalf of those claimants whose claims and statements have
been filed, and has the power to settle or compromise the
[Title 22 RCW—page 16]
22.09.620 Payment for agricultural commodities
purchased—Time requirements. Every warehouseman or
grain dealer must pay for agricultural commodities purchased
by him at the time and in the manner specified in the
contract with the depositor, but if no time is set by the
contract, then within thirty days after taking possession for
purpose of sale or taking title of the agricultural product.
[1983 c 305 § 62; 1975 1st ex.s. c 7 § 34.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.630 Payment violations—Recovery by department—Charges to depositors. When a violation has
occurred which results in improper payment or nonpayment
and a claim is made to the department and the payment is
secured through the actions of the department the following
charges will be made to the depositor for the action of the
department in the matter:
(1) When reported within thirty days from time of
default, no charge.
(2002 Ed.)
Agricultural Commodities
(2) When reported thirty days to one hundred eighty
days from time of default, five percent.
(3) When reported after one hundred eighty days from
time of default, ten percent. [1975 1st ex.s. c 7 § 35.]
22.09.640 Publication and distribution of list of
licensed warehouses. Notwithstanding the provisions of
chapter 42.17 RCW, the department shall publish annually
and distribute to interested parties, a list of licensed warehouses showing the location, county, capacity, and bond
coverage for each company. [1979 ex.s. c 238 § 25.]
22.09.650 Remedies of department as to stations.
When a station is licensed pursuant to this chapter, the
department may assert any and all the remedies provided for
in this chapter, including but not limited to those remedies
provided for in RCW 22.09.350. Furthermore, if inspection
of that portion of the station located in the contiguous state
is refused by the licensee, the department may give notice to
the licensee to submit to such inspection as the department
may deem necessary.
If the station refuses to comply with the terms of the
notice within twenty-four hours, the director may summarily
suspend the station’s license pending a hearing in compliance with chapter 34.05 RCW. [1983 c 305 § 63; 1979 ex.s.
c 238 § 26.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.660 Emergency storage situation—
Forwarding to other warehouses. Upon determining that
an emergency storage situation appears to exist, the director
may authorize the warehouseman to forward grain that is
covered by negotiable receipts to other licensed warehouses
for storage without canceling and reissuing the negotiable
receipts for not more than thirty days pursuant to conditions
established by rule. [1983 c 305 § 64.]
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.710 Designation of inspection points and
terminal warehouses. The department may designate a
warehouse located at an inspection point as a terminal
warehouse. The department shall, by rule, designate
inspection points which shall be provided with state/federal
inspection and weighing services commencing July 1, 1979.
The revenue from inspection and weighing shall equal the
cost of providing such services. Where the department after
hearing determines that such cities are no longer necessary
as inspection points it may by rule change such designated
inspection points by removing one or more locations. [1979
ex.s. c 238 § 21; 1963 c 124 § 38. Formerly RCW
22.09.380.]
22.09.720 Grades and standards of commodities—
Regulations. The grades and standards established by the
United States department of agriculture as of September 30,
1988, for all commodities included within the provisions of
this chapter are hereby adopted as the grades and standards
for such commodities in this state: PROVIDED, That the
department is hereby authorized to adopt by regulation any
new or future amendments to such federal grades and
(2002 Ed.)
22.09.630
standards. The department is also authorized to issue
regulations whether or not in accordance with the federal
government and to prescribe therein grades and standards
which it may deem suitable for inspection of commodities in
the state of Washington. In adopting any new or amendatory
regulations the department shall give appropriate consideration, among other relevant factors, to the following:
(1) The usefulness of uniform federal and state grades;
(2) The common classifications given such commodities
within the industry;
(3) The utility of various grades;
(4) The kind and type of grades requested by those
dealing with the particular type of commodity; and
(5) The condition of the commodity with regard to its
wholesomeness and purity. [1989 c 354 § 47; 1963 c 124
§ 39. Formerly RCW 22.09.390.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.730 Inspection or grading of commodities—
Methods. Inspection or grading of a lot, partial lot, or
sample of a commodity tendered for inspection or grading
under this chapter shall consist of taking and examining a
representative sample thereof and making such tests as are
necessary to determine its grade, condition, or other qualitative measurement. Commodities tendered for inspection
must be offered and made accessible for sampling at
inspection points during customary business hours.
(1) No inspector shall issue a certificate of grade,
grading factors, condition, or other qualitative measurement
for any commodity unless the inspection or grading thereof
be based upon a correct and representative sample of the
commodity and the inspection is made under conditions
which permit the determination of its true grade or quality,
except as provided in subsections (2) and (3) of this section.
No sample shall be deemed to be representative unless it is
of the size and procured in accordance with the uniform
methods prescribed by the department.
(2) An inspection may be made of a submitted sample
of a commodity, provided that the certificate issued in such
case clearly shows that the inspection or grading covers only
the submitted sample of such commodity and not the lot
from which it is purportedly drawn.
(3) When commodities are tendered for inspection in
such a manner as to make the drawing of a representative
sample impossible, a qualified inspection may be made. In
such case, the certificate shall clearly show the condition
preventing proper sampling such as heavily loaded car, truck,
barge, or other container, or other condition. [1989 c 354 §
48; 1963 c 124 § 40. Formerly RCW 22.09.400.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.740 Inspection or grading of commodities—
File samples, retention. From all commodities inspected,
samples may be drawn, which samples, unless returned by
agreement to the applicant, shall become the property of the
state and subject to disposition by the department. Upon request the department may transmit a portion of such samples
to interested parties upon payment of a reasonable fee set
by regulation. Official state file samples shall be retained
for periods prescribed by state or federal regulation. [1989
c 354 § 49; 1963 c 124 § 41. Formerly RCW 22.09.410.]
[Title 22 RCW—page 17]
22.09.740
Title 22 RCW: Warehousing and Deposits
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.750 Inspection or grading of commodities—
Powers and duties of inspectors at terminal warehouses—
Recordkeeping. The department’s inspectors shall, at
terminal warehouses, have exclusive control of the weighing,
inspecting, and grading of the commodities that are included
within the provisions of this chapter: PROVIDED, That
official supervision of weighing under the United States
grain standards act shall be deemed in compliance with this
section. The action and the certificates of the inspectors in
the discharge of their duties, as to all commodities inspected
or weighed by them, shall be accepted as prima facie
evidence of the correctness of the above activity. Suitable
books and records shall be maintained in which shall be
entered a record of each inspection activity and the fees
assessed and collected. These books and records shall be
available for inspection by any party of interest during
customary business hours. The records shall be maintained
for periods set by regulation. [1989 c 354 § 50; 1983 c 305
§ 54; 1963 c 124 § 42. Formerly RCW 22.09.420.]
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1983 c 305: See note following RCW 20.01.010.
22.09.760 Inspection or grading of commodities—
No inspection if commodity is to be loaded into defective
container. No inspection shall be made of any commodity
which is to be loaded into a vessel, vehicle, or other container, if it appears that the hold, compartment, or other
enclosure into which the commodity is to be loaded is in
such condition as to contaminate the commodity or lower the
grade. [1963 c 124 § 43. Formerly RCW 22.09.430.]
22.09.770 Inspection or grading of commodities—
Unlawful practices—Penalty. Any department employee
who shall, directly or indirectly, accept any money or other
consideration for any neglect of duty or any improper
performance of duty as such department employee; or any
person who shall knowingly cause or attempt to cause the
issuance of a false or incorrect grade or weight certificate
under this chapter by deceptive loading, handling, or
sampling of commodities or by submitting commodities for
inspection knowing that it has been so loaded, handled, or
sampled, or by any other means; shall be deemed guilty of
a misdemeanor. [1963 c 124 § 44. Formerly RCW
22.09.440.]
22.09.780 Inspection or grading of commodities. (1)
In case any owner, consignee, or shipper of any commodity
included under the provisions of this chapter, or his agent or
broker, or any warehouseman shall be aggrieved at the
grading of such commodity, the person may request a
reinspection or appeal inspection within three business days
from the date of certificate. The reinspection or appeal may
be based in the official file sample or upon a new sample
drawn from the lot of the grain or commodity if the lot
remains intact and available for sampling. The reinspection
or appeal inspection shall be of the same factors and scope
as the original inspection.
(2) For commodities inspected under federal standards,
the reinspection and appeal inspection procedure provided in
[Title 22 RCW—page 18]
the applicable federal regulations shall apply. For commodities inspected under state standards, the department shall
provide a minimum of a reinspection and appeal inspection
service. The reinspection shall consist of a full review of all
relevant information and a reexamination of the commodity
to determine the correctness of the grade assigned or other
determination. The reinspection shall be performed by an
authorized inspector of the department other than the
inspector who performed the original inspection unless no
other inspector is available. An appeal inspection shall be
performed by a supervisory inspector.
(3) If the grading of any commodity for which federal
standards have been fixed and the same adopted as official
state standards has not been the subject of a hearing, in
accordance with subsection (2) of this section, any interested
party who is aggrieved with the grading of such commodity,
may, with the approval of the secretary of the United States
department of agriculture, appeal to the federal grain
supervisor of the supervision district in which the state of
Washington may be located. Such federal grain supervisor
shall confer with the department inspectors and any other
interested party and shall make such tests as he may deem
necessary to determine the correct grade of the commodity
in question. Such federal grade certificate shall be prima
facie evidence of the correct grade of the commodity in any
court in the state of Washington. [1989 c 354 § 51; 1963 c
124 § 45. Formerly RCW 22.09.450.]
Severability—1989 c 354: See note following RCW 15.36.012.
22.09.790 Inspection or grading of commodities—
Fees and charges. (1) The department shall fix the fees for
inspection, grading, and weighing of the commodities
included under the provisions of this chapter, which fees
shall be sufficient to cover the cost of such service. The
fees for inspection, weighing, and grading of such commodities shall be a lien upon the commodity so weighed, graded,
or inspected which the department may require to be paid by
the carrier or agent transporting the same and treated by it as
an advanced charge, except when the bill of lading contains
the notation "not for terminal weight and grade," and the
commodity is not unloaded at a terminal warehouse.
(2) The department is authorized to make any tests
relating to grade or quality of commodities covered by this
chapter. The department may inspect and approve facilities
and vessels to be used in transporting such commodities and
provide any other necessary services. It may fix and charge
a reasonable fee to be collected from the person or his agent
requesting such service.
(3) The department shall so adjust the fees to be
collected under this chapter as to meet the expenses necessary to carry out the provisions hereof, and may prescribe a
different scale of fees for different localities. The department may also prescribe a reasonable charge for service performed at places other than terminal warehouses in addition
to the regular fees when necessary to avoid rendering the
services at a loss to the state. [1963 c 124 § 46. Formerly
RCW 22.09.460.]
22.09.800 Inspection or grading of commodities—
Scales and weighing. If any terminal warehouse at inspection points is provided with proper scales and weighing
(2002 Ed.)
Agricultural Commodities
facilities, the department may weigh the commodity upon the
scales so provided. The department at least once each year
shall cause to be examined, tested, and corrected, all scales
used in weighing commodities in any of the cities designated
as inspection points in this chapter or such places as may be
hereinafter designated, and after such scale is tested, if found
to be correct and in good condition, to seal the weights with
a seal provided for that purpose and issue to the owner or
proprietor a certificate authorizing the use of such scales for
weighing commodities for the ensuing year, unless sooner
revoked by the department. If such scales be found to be
inaccurate or unfit for use, the department shall notify the
party operating or using them, and the party thus notified
shall, at his own expense, thoroughly repair the same before
attempting to use them and until thus repaired or modified
to the satisfaction of the department the certificate of such
party shall be suspended or revoked at the discretion of the
department. The party receiving such certificate shall pay to
the department a reasonable fee for such inspection and
certificate to be fixed by the department. It shall be the duty
of the department to see that the provisions of this section
are strictly enforced. [1963 c 124 § 47. Formerly RCW
22.09.470.]
22.09.810 Inspection or grading of commodities—
Inspection of commodities shipped to or from places
other than inspection points. In case any commodity under
the provisions of this chapter is sold for delivery on Washington grade to be shipped to or from places not provided
with state inspection under this chapter, the buyer, seller, or
persons making delivery may have it inspected by notifying
the department or its inspectors, whose duty it shall be to
have such commodity inspected, and after it is inspected, to
issue to the buyer, seller, or person delivering it, without
undue delay, a certificate showing the grade of such commodity. The person or persons, or his agent, calling for such
inspection shall pay for such inspection a reasonable fee to
be fixed by the department. [1963 c 124 § 48. Formerly
RCW 22.09.480.]
22.09.820 Inspection or grading of commodities—
Unloading commodity without inspection or weighing.
When commodities are shipped to points where inspection is
provided and the bill of lading does not contain the notation
"not for terminal weight and grade" and the commodity is
unloaded by or on account of the consignee or his assignee
without being inspected or weighed by a duly authorized inspector under the provisions of this chapter, the shipper’s
weight and grade shall be conclusive and final and shall be
the weight and grade upon which settlement shall be made
with the seller, and the consignee or his assignee, by whom
such commodities are so unlawfully unloaded shall be liable
to the seller thereof for liquidated damages in an amount
equal to ten percent of the sale price of such commodities
computed on the basis of the shipper’s weight and grade.
[1963 c 124 § 49. Formerly RCW 22.09.490.]
22.09.830 Grain inspection revolving fund—Hop
inspection fund—Grain warehouse audit account. (1) All
moneys collected as fees for weighing, grading, and inspecting commodities and all other fees collected under the
(2002 Ed.)
22.09.800
provisions of this chapter, except as provided in subsections
(2) and (3) of this section, shall be deposited in the grain
inspection revolving fund, which is hereby established. The
state treasurer is the custodian of the revolving fund.
Disbursements from the revolving fund shall be on authorization of the director of the department of agriculture. The
revolving fund is subject to the allotment procedure provided
in chapter 43.88 RCW, but no appropriation is required for
disbursements from the fund. The fund shall be used for all
expenses directly incurred by the grain inspection program
in carrying out the provisions of this chapter and for departmental administrative expenses during the 1993-95
biennium. The department may use so much of such fund
not exceeding five percent thereof as the director of agriculture may determine necessary for research and promotional
work, including rate studies, relating to wheat and wheat
products.
(2) All fees collected for the inspection, grading, and
testing of hops shall be deposited into the hop inspection
fund, which is hereby established, and shall be retained by
the department for the purpose of inspecting, grading, and
testing hops. Any moneys in any fund retained by the
department on July 1, 1963, and derived from hop inspection
and grading shall be deposited to this hop inspection fund.
For the purposes of research which would contribute to the
development of superior hop varieties and to improve hop
production and harvest practices, the department may expend
up to twenty percent of the moneys deposited in the hop
inspection fund during the fiscal year ending June 30th
immediately preceding the year in which such expenditures
are to be made. No expenditures shall be made under the
provisions of this subsection when the hop inspection fund
is, or the director may reasonably anticipate that it will be,
reduced below twenty thousand dollars as the result of such
expenditure or other necessary expenditures made to carry
out the inspection, grading, and testing of hops.
(3) All moneys collected by the grain warehouse audit
program, including grain warehouse license fees pursuant to
RCW 22.09.050 and 22.09.055, shall be deposited by the
director into the grain warehouse audit account, hereby
created within the agricultural local fund established in RCW
43.23.230. Moneys collected shall be used to support the
grain warehouse audit program. [1994 sp.s. c 6 § 901; 1994
c 46 § 6; 1989 c 354 § 52; 1981 c 297 § 25; 1963 c 124 §
50. Formerly RCW 22.09.500.]
Reviser’s note: This section was amended by 1994 c 46 § 6 and by
1994 sp.s. c 6 § 901, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Effective date—1994 c 46: See note following RCW 15.58.070.
Severability—1989 c 354: See note following RCW 15.36.012.
Severability—1981 c 297: See note following RCW 15.36.201.
22.09.840 Fumigated conveyances to be labeled. It
shall be unlawful to ship commodities in closed conveyances
which have been fumigated without labeling such railroad
car, vehicle, or other conveyance to show that it has been
fumigated. The label shall show the type of fumigant used
and the date of application. [1963 c 124 § 53. Formerly
RCW 22.09.530.]
[Title 22 RCW—page 19]
22.09.850
Title 22 RCW: Warehousing and Deposits
22.09.850 Railroads to provide side tracks and
track scales—Weighing of cars. Any railroad delivering
commodities covered by this chapter in cars at designated
inspection points shall provide convenient and suitable side
tracks at such places as the department may approve. All
cars billed for inspection shall be placed on such side tracks
and the department shall be notified by the railroad in
accordance with department regulations. Such railroad
company shall provide suitable track scales for weighing cars
of commodities upon the request of interested persons.
Upon request, the department may weigh, or supervise the
weighing of all cars of commodities received over the line
of such railroad. Such weighing shall be conditioned upon
the weighing of such cars after unloading to determine the
actual weight of commodities delivered. [1963 c 124 § 28.
Formerly RCW 22.09.280.]
22.09.890 General penalty. A violation of any
provision or section of this chapter, where no other penalty
is provided for, and the violation of any rule or regulation
adopted hereunder shall constitute a misdemeanor. [1963 c
124 § 58. Formerly RCW 22.09.560.]
22.09.860 Police protection of terminal yards and
tracks. All railroad companies and warehousemen operating
in the cities provided for inspection by this chapter shall
furnish ample and sufficient police protection to all their
several terminal yards and terminal tracks to securely protect
all cars containing commodities while the same are in their
possession. They shall prohibit and restrain all unauthorized
persons, whether under the guise of sweepers, or under any
other pretext whatever, from entering or loitering in or about
their railroad yards or tracks and from entering any car of
commodities under their control, or removing commodities
therefrom, and shall employ and detail such number of
watchmen as may be necessary for the purpose of carrying
out the provisions of this section. [1963 c 124 § 27.
Formerly RCW 22.09.270.]
22.09.900 Continuation of rules adopted pursuant
to repealed chapter. The repeal of chapter 22.08 RCW and
the enactment of this chapter shall not be deemed to have
repealed any rules adopted under the provisions of chapter
22.08 RCW and in effect immediately prior to such repeal
and not inconsistent with the provisions of this chapter. For
the purpose of this chapter it shall be deemed that such rules
have been adopted under the provisions of this chapter
pursuant to the provisions of chapter 34.05 RCW concerning
the adoption of rules. [1963 c 124 § 56.]
22.09.870 Injunctions. The director may bring an
action in the name of the state to temporarily and/or permanently enjoin the violation of any provision of this chapter
or any rule adopted pursuant to this chapter in the superior
court in the county in which such violation occurs notwithstanding the existence of any other remedy at law. [1963 c
124 § 54. Formerly RCW 22.09.540.]
22.09.880 Cooperation with governmental agencies
and private associations. The director may cooperate with
and enter into agreements with governmental agencies of this
state, other states, agencies of the federal government, and
private associations in order to carry out the purpose and
provisions of this chapter and the United States Warehouse
Act (7 USCA § 241 et seq.) and the United States Grain
Standards Act, as amended (7 USCA § 71, et seq.). Notwithstanding any other provision of this chapter such
agreements may also relate to a joint program for licensing,
bonding, and inspecting stations. Such a program should be
designed to avoid duplication of effort on the part of the
licensing authority and requirements for operation, and
promote more efficient enforcement of the provisions of this
chapter and comparable provisions of the law of the states of
Idaho or Oregon. [1983 c 305 § 55; 1979 ex.s. c 238 § 22;
1963 c 124 § 55. Formerly RCW 22.09.550.]
22.09.895 Civil penalty. Every person who fails to
comply with this chapter, or any rule adopted under it, may
be subjected to a civil penalty, as determined by the director,
in an amount of not more than one thousand dollars for
every such violation. Each and every violation shall be a
separate and distinct offense. Every person who, through an
act of commission or omission, procures, aids, or abets in
the violation shall be considered to have violated this chapter
and may be subject to the penalty provided for in this section. [1987 c 393 § 24.]
22.09.910 Savings—1963 c 124. The enactment of
this chapter shall not have the effect of terminating, or in
any way modifying any liability, civil or criminal, which
shall already be in existence on July 1, 1963. [1963 c 124
§ 57.]
22.09.920 Construction as to Article 7 of Title 62A
RCW. Nothing in this chapter, with the exception of RCW
22.09.290(1)(b), shall be deemed to repeal, amend, or
modify Article 7 of Title 62A RCW. [1979 ex.s. c 238 §
23; 1963 c 124 § 59.]
22.09.930 Effective date—1963 c 124. The effective
date of this chapter shall be July 1, 1963. [1963 c 124 §
60.]
22.09.940 Severability—1963 c 124. If any section,
sentence, clause, or part of this chapter is for any reason
held to be unconstitutional, such decision shall not affect the
remaining portions of this chapter. The legislature hereby
declares that it would have passed this chapter and each section, sentence, clause, and part thereof despite the fact that
one or more sections, clauses, sentences, or parts thereof be
declared unconstitutional. [1963 c 124 § 61.]
22.09.941 Severability—1979 ex.s. c 238. See note
following RCW 15.44.010.
Severability—1983 c 305: See note following RCW 20.01.010.
[Title 22 RCW—page 20]
(2002 Ed.)
Warehouses and Elevators—Eminent Domain
Chapter 22.16
WAREHOUSES AND ELEVATORS—
EMINENT DOMAIN
Sections
22.16.010 Right of eminent domain extended.
22.16.020 Right of entry.
22.16.030 Extent of appropriation.
22.16.040 Limitations on right—Finding of public necessity.
Reviser’s note: The term "director of the department of agriculture"
has been substituted for "public service commission" in this chapter since
the powers and duties of the commission devolved upon the director of
agriculture by virtue of 1921 c 7 § 90, 1921 c 137 §§ 1, 2, 1921 c 145 § 8,
and 1937 c 90 § 10.
22.16.010 Right of eminent domain extended. The
right of eminent domain is hereby extended to corporations
incorporated or that may hereafter be incorporated under the
laws of this state, or of any other state or territory and
qualified to transact business in this state for the purpose of
acquiring, owning or operating public warehouses or elevators for storing and handling grain, produce and other
agricultural commodities which may desire to secure warehouse or elevator sites or rights of way for roadways leading
to and from the same or for wharves or boat landings on
navigable waters and all other purposes incident to and
connected with the business conducted by such warehouse or
elevator. [1919 c 98 § 1; RRS § 11566.]
22.16.020 Right of entry. Every corporation incorporated or that may hereafter be incorporated under the laws of
this state or of any other state or territory, and qualified to
transact business in this state for the purpose of acquiring,
owning or operating public warehouses or elevators for
storing and handling grain, produce and other agricultural
commodities which may desire to erect and operate any such
public warehouse or elevator, or to erect and operate
tramways or cable tramways for the purpose of carrying,
conveying or transporting such grain, produce or commodities to or from such warehouse or elevator or to acquire
rights of way for roadways to and from such warehouse or
elevator or to acquire boat landing or wharving facilities in
connection with such warehouse or elevator shall have the
right to enter upon any lands proposed to be used for any
such purpose for the purpose of examining, locating and
surveying the lines and boundaries thereof, doing no unnecessary damage thereby. [1919 c 98 § 2; RRS § 11567.]
22.16.030 Extent of appropriation. Every such
corporation shall have the right to appropriate real estate and
other property for any or all of the said purposes and under
the same procedure as now is or may be hereafter provided
by law, in the case of other corporations authorized by the
laws of this state to exercise the right of eminent domain.
[1919 c 98 § 3; RRS § 11568.]
22.16.040 Limitations on right—Finding of public
necessity. The right hereby granted shall not be exercised
within the limits of any regularly organized port district, nor
against the right of way of any railroad company within the
yard limits thereof, nor unless and until the director of the
department of agriculture after a full hearing shall have
(2002 Ed.)
Chapter 22.16
determined that existing facilities are inadequate and that a
public necessity exists for the construction of additional
facilities and shall specify what additional facilities are
necessary and shall have further determined that the facilities
contemplated to be established will be a public benefit.
Such hearing shall be initiated and conducted in accordance
with the statutes, rules and regulations relating to public
hearings before the director. [1919 c 98 § 4; RRS § 11569.]
Chapter 22.28
SAFE DEPOSIT COMPANIES
Sections
22.28.010 Definitions.
22.28.020 Safe deposit company a warehouseman.
22.28.030 Exercise of due care required.
22.28.040 Procedure when rent is unpaid.
22.28.060 Destruction of paper contents—Other remedies available.
Disposition of unclaimed property in safe deposit box: RCW 63.29.160.
Financial institutions as bailee: RCW 30.08.140, 32.08.140, 33.12.010.
Trust receipts: Articles 62A.1, 62A.9A RCW.
22.28.010 Definitions. The term safe deposit company as used in RCW 22.28.010 through 22.28.060 shall be
construed to extend to and include all banks, trust companies
and other corporations organized under the laws of the state
of Washington or of the United States of America, and doing
business in the state of Washington; which are empowered
by law to let vaults, safes or other receptacles upon the
premises occupied by such bank, trust company or corporation. [1923 c 186 § 1; RRS § 3382.]
22.28.020 Safe deposit company a warehouseman.
Whenever any safe deposit company shall take or receive as
bailee for hire and for safekeeping or storage any jewelry,
plate, money, specie, bullion, stocks, bonds, mortgages,
securities, or valuable paper of any kind, or other valuable
personal property, and shall have issued a receipt therefor, it
shall be deemed to be a warehouseman as to such property
and the provisions of Article 7 of the Uniform Commercial
Code, Title 62A RCW, shall apply to such deposit, or to the
proceeds thereof, to the same extent and with the same
effect, and be enforceable in the same manner as is now
provided with reference to warehousemen in said act. [1983
c 3 § 26; 1923 c 186 § 2; RRS § 3383.]
22.28.030 Exercise of due care required. Whenever
any safe deposit company shall let or lease any vault, safe,
box or other receptacle for the keeping or storage of personal
property such safe deposit company shall be bound to
exercise due care to prevent the opening of such vault, safe,
box or receptacle by any person other than the lessee
thereof, or his or her duly authorized agent, and said parties
may provide in writing the terms, conditions and liabilities
in said lease. [1923 c 186 § 3; RRS § 3384.]
22.28.040 Procedure when rent is unpaid. If the
amount due for the rental of any safe or box in the vaults of
any safe deposit company shall not have been paid for one
year, it may, at the expiration thereof, send to the person in
whose name such safe or box stands on its books a notice in
[Title 22 RCW—page 21]
22.28.040
Title 22 RCW: Warehousing and Deposits
writing in securely closed, postpaid and certified mail, return
receipt requested, directed to such person at his post office
address, as recorded upon the books of the safe deposit
company, notifying such person that if the amount due for
the rental of such safe or box is not paid within thirty days
from date, the safe deposit company will then cause such
safe or box to be opened, and the contents thereof to be
inventoried, sealed, and placed in one of its general safes or
boxes.
Upon the expiration of thirty days from the date of
mailing such notice, and the failure of the person in whose
name the safe or box stands on the books of the company to
pay the amount due for the rental thereof to the date of
notice, the corporation may, in the presence of two officers
of the corporation, cause such safe or box to be opened, and
the contents thereof, if any, to be removed, inventoried and
sealed in a package, upon which the officers shall distinctly
mark the name of the person in whose name the safe or box
stood on the books of the company, and the date of removal
of the property, and when such package has been so marked
for identification by the officers, it shall be placed in one of
the general safes or boxes of the company at a rental not to
exceed the original rental of the safe or box which was
opened, and shall remain in such general safe or box for a
period of not less than one year, unless sooner removed by
the owner thereof, and two officers of the corporation shall
thereupon file with the company a certificate which shall
fully set out the date of the opening of such safe or box, the
name of the person in whose name it stood and a reasonable
description of the contents, if any.
A copy of such certificate shall within ten days thereafter be mailed to the person in whose name the safe or box
so opened stood on the books of the company, at his last
known post office address, in securely closed, postpaid and
certified mail, return receipt requested, together with a notice
that the contents will be kept, at the expense of such person,
in a general safe or box in the vaults of the company, for a
period of not less than one year. At any time after the
mailing of such certificate and notice, and before the
expiration of one year, such person may require the delivery
of the contents of the safe as shown by said certificate, upon
the payment of all rentals due at the time of opening of the
safe or box, the cost of opening the box, and the payment of
all further charges accrued during the period the contents
remained in the general safe or box of the company.
The company may sell all the property or articles of
value set out in said certificate, at public auction, provided
a notice of the time and place of sale has been published
once within ten days prior to the sale in a newspaper
published in the county where the contents of the safe or box
[is] located and where the holder chooses to conduct the
sale. If the holder chooses not to sell the contents at public
sale, the contents shall be delivered to the department of
revenue as unclaimed property.
From the proceeds of the sale, the company shall deduct
amounts which shall then be due for rental up to the time of
opening the safe, the cost of opening thereof, and the further
cost of safekeeping all of its contents for the period since the
safe or box was opened, plus any additional charges accruing
to the time of sale, including advertising and cost of sale.
The balance, if any, of such proceeds, together with any
unsold property, shall be deposited by the company within
[Title 22 RCW—page 22]
thirty days after the receipt of the same, with the department
of revenue as unclaimed property. The company shall file
with such deposit a certificate stating the name and last
known place of residence of the owner of the property sold,
the articles sold, the price obtained therefor, and showing
that the notices herein required were duly mailed and that
the sale was advertised as required herein. [1983 c 289 § 1;
1923 c 186 § 4; RRS § 3385. Formerly RCW 22.08.050,
22.28.040.]
22.28.060 Destruction of paper contents—Other
remedies available. Whenever the contents of any such
safe or box, so opened, shall consist either wholly or in part,
of documents or letters or other papers of a private nature,
such documents, letters, or papers shall not be sold, but shall
be deposited with the department of revenue as unclaimed
property unless sooner claimed by the owner. The department may hold or destroy documents or letters or other papers, and the holder shall not be held liable to any person or
persons whatsoever for the destruction of papers or other
contents which the department declines to accept.
The provision of this section shall not preclude any
other remedy by action or otherwise now existing for the
enforcement of the claims of a corporation against the person
in whose name such safe or box stood, nor bar the right of
a safe deposit company to recover so much of the debt due
it as shall not be paid by the proceeds of the sale of the
property deposited with it. The sale or disposition of
property in accordance with this chapter shall discharge the
holder of all liability to the owner for such sale or disposition, irrespective of whether a better price could have been
obtained by a sale at a different time or in a different
method from that selected by the holder. [1983 c 289 § 2;
1923 c 186 § 5; RRS § 3386. Formerly RCW 22.28.060,
22.28.070.]
Chapter 22.32
GENERAL PENALTIES
Sections
22.32.010 Warehouseman or carrier refusing to issue receipt.
22.32.020 Fictitious bill of lading and receipt.
22.32.030 Fraudulent tampering with or mixing goods.
22.32.040 Issuance of second receipt not marked "duplicate."
22.32.050 Delivery of goods without taking up receipt.
Crimes relating to corporations: Chapter 9.24 RCW.
Warehouse receipts, bills of lading, and other documents of title—Uniform
commercial code: Article 62A.7 RCW.
22.32.010 Warehouseman or carrier refusing to
issue receipt. Every person or corporation, and every
officer, agent and employee thereof, receiving any goods,
wares or merchandise, for sale or on commission, for
storage, carriage or forwarding, who, having an opportunity
to inspect the same, shall fail or refuse to deliver to the
owner thereof a receipt duly signed, bearing the date of issuance, describing the goods, wares or merchandise received
and the quantity, quality and condition thereof, and specifying the terms and conditions upon which they are received,
shall be guilty of a misdemeanor. [1909 c 249 § 391; RRS
§ 2643.]
(2002 Ed.)
General Penalties
22.32.020
22.32.020 Fictitious bill of lading and receipt.
Every person or corporation engaged wholly or in part in the
business of a common carrier or warehouseman, and every
officer, agent or employee thereof, who shall issue any bill
of lading, receipt or other voucher by which it shall appear
that any goods, wares or merchandise have been received by
such carrier or warehouseman, unless the same have been so
received and shall be at the time actually under his control,
or who shall issue any bill of lading, receipt or voucher
containing any false statement concerning any material
matter, shall be guilty of a gross misdemeanor. But no
person shall be convicted under this section for the reason
that the contents of any barrel, box, case, cask or other
closed vessel or package mentioned in the bill of lading,
receipt or voucher did not correspond with the description
thereof in such instrument, if such description corresponds
substantially with the mark on the outside of such barrel,
box, case, cask, vessel or package, unless it appears that the
defendant knew that such marks were untrue. [1909 c 249
§ 392; RRS § 2644. Prior: 1891 c 69 § 7; Code 1881 §
836; 1873 p 193 § 62; 1854 p 85 § 56.]
22.32.030 Fraudulent tampering with or mixing
goods. Every person mentioned in RCW 22.32.020, who
shall fraudulently mix or tamper with any goods, wares or
merchandise under his control, shall be guilty of a gross
misdemeanor. [1909 c 249 § 393; RRS § 2645.]
Reviser’s note: Caption for 1909 c 249 § 393 reads as follows:
"SEC. 393. WAREHOUSEMAN FRAUDULENTLY MIXING GOODS."
22.32.040 Issuance of second receipt not marked
"duplicate." Every person mentioned in RCW 22.32.020,
who shall issue any second or duplicate receipt or voucher
of the kind specified in said section, while a former receipt
or voucher for the goods, wares or merchandise specified in
such second receipt is outstanding and uncanceled, without
writing across the face of the same the word "Duplicate," in
a plain and legible manner, shall be guilty of a misdemeanor.
[1909 c 249 § 394; RRS § 2646.]
Reviser’s note: Caption for 1909 c 249 § 394 reads as follows:
"SEC. 394. DUPLICATE RECEIPT."
22.32.050 Delivery of goods without taking up
receipt. Each person mentioned in RCW 22.32.020 who
shall deliver to another any goods, wares or merchandise for
which a bill of lading, receipt or voucher has been issued,
unless such bill of lading, receipt or voucher is surrendered
and canceled or a lawful and sufficient bond or undertaking
is given therefor at the time of such delivery, or unless, in
case of a partial delivery, a memorandum thereof is endorsed
upon such bill of lading, receipt or voucher, shall be guilty
of a misdemeanor. [1909 c 249 § 395; RRS § 2647.]
Reviser’s note: Caption for 1909 c 249 § 395 reads as follows:
"SEC. 395. BILL OF LADING OR RECEIPT MUST BE CANCELED ON
REDELIVERY OF PROPERTY."
(2002 Ed.)
[Title 22 RCW—page 23]
Title 23
CORPORATIONS AND ASSOCIATIONS (PROFIT)
(Business Corporation Act: See Title 23B RCW)
1899
1899
1903
1903
1905
1905
1905
1907
1907
1909
1909
1911
1911
1915
1919
1923
1923
1923
1923
1925
1925
1925
1927
1927
1929
Chapters
23.72
Miscellaneous—Preferences by insolvent
corporations.
23.78
Employee cooperative corporations.
23.86
Cooperative associations.
23.90
Massachusetts trusts.
Reviser’s note: See Title 23B RCW for the Washington Business
Corporation Act.
Acknowledgment form, corporations: RCW 64.08.070.
Acquisition of corporate stock by another corporation to lessen competition
declared unlawful—Exceptions—Judicial order to divest: RCW
19.86.060.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Corporations for educational, social, religious, fraternal, etc., purposes:
Title 24 RCW.
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
Washington business corporation act: Title 23B RCW.
TABLE OF PRIOR LAWS
LAWS OF
1866
1867
1869
1871
1873
1879
1879
1879
1879
1879
Code 1881
1883
1886
1888
1888
1890
1891
1891
1893
1895
1895
1895
1897
(2002 Ed.)
CHAPTER
31
32
9
35
116
118
38
127
142
70
PAGES
55-66
137-138
330-350
101
398-419
109
124
134
140
155
§§ 2421-2487
45
84-89
63-64
65
288-291
73
213
279
61
338
355
134
ex.s.
ex.s.
ex.s.
ex.s.
58
106
84
93
11
27
109
107
140
46
19
41
80
93
172
39
105
144
168
87
147
149
169
206
227
100
174
124
141
27
51
215
205
270
72
57
135
379
272
512
102
288
462
539
112
410
417
188
301
631
TABLE OF COMPILATION OF PRIOR LAWS
1 Hill’s Code §§ 1497 through 1645
1 Ballinger’s §§ 4250 through 4462
2 Rem. and Bal. §§ 3677 through 3766-20
Rem. 1915 Code §§ 3677 through 3677-20
Rem. Comp. Stat. §§ 3803 through 3923
Rem. Rev. Stat §§ 3803 through 3923-24
Chapter 23.72
MISCELLANEOUS—PREFERENCES BY
INSOLVENT CORPORATIONS
Sections
23.72.010
23.72.020
23.72.030
23.72.040
23.72.050
23.72.060
Definitions.
Action to recover—Limitation.
Preference voidable, when—Recovery.
Mutual debts and credits.
Attorney’s fees—Reexamination.
Setoffs and counterclaims.
23.72.010 Definitions. Words and terms used in this
chapter shall be defined as follows:
(1) "Receiver" means any receiver, trustee, common law
assignee, or other liquidating officer of an insolvent corporation;
(2) "Date of application" means the date of filing with
the clerk of the court of the petition or other application for
the appointment of a receiver, pursuant to which application
such appointment is made; or in case the appointment of a
receiver is lawfully made without court proceedings, it
means the date on which the receiver is designated, elected
or otherwise authorized to act as such;
[Title 23 RCW—page 1]
23.72.010
Title 23 RCW: Corporations and Associations (Profit)
(3) "Preference" means a judgment procured or suffered
against itself by an insolvent corporation or a transfer of any
of the property of such corporation, the effect of the enforcement of which judgment or transfer at the time it was
procured, suffered, or made, would be to enable any one of
the creditors of such corporation to obtain a greater percentage of his debt than any other creditor of the same class;
(4) "Insolvent" means, for the purposes of this chapter,
a condition whereby the aggregate of a corporation’s
property, exclusive of any property which it may have
conveyed, transferred, concealed, removed or permitted to be
concealed or removed, with intent to defraud, hinder, or
delay its creditors, shall not at a fair valuation be sufficient
in amount to pay its debts. [1959 c 219 § 1; 1941 c 103 §
1; Rem. Supp. 1941 § 5831-4. Formerly RCW 23.48.010.]
23.72.020 Action to recover—Limitation. If not
otherwise limited by law, actions in the courts of this state
by a receiver to recover preferences may be commenced at
any time within but not after six months, from the date of
application for the appointment of such receiver. [1941 c
103 § 2; Rem. Supp. 1941 § 5831-5. Formerly RCW
23.48.020.]
23.72.030 Preference voidable, when—Recovery.
Any preference made or suffered within four months before
the date of application for the appointment of a receiver may
be avoided and the property or its value recovered by such
receiver, if the person receiving the preference or to be
benefited thereby or his agent acting therein shall then have
reasonable cause to believe that the debtor corporation is
insolvent. No preference made or suffered prior to such four
months’ period may be recovered, and all provisions of law
or of the trust fund doctrine permitting recovery of any
preference made beyond such four months’ period are hereby
specifically superseded. [1959 c 219 § 2; 1941 c 103 § 3;
Rem. Supp. 1941 § 5831-6. Formerly RCW 23.48.030.]
23.72.040 Mutual debts and credits. In any action
by a receiver against a creditor to avoid and recover a
preference such creditor may set off against the amount of
such preference an amount equal to any credit or credits
given by such creditor to the corporation within four months
prior to the date of application for the appointment of the
receiver when such credit or credits were given in good faith
without security of any kind for property which became a
part of the assets of the corporation. [1941 c 103 § 4; Rem.
Supp. 1941 § 5831-7. Formerly RCW 23.48.040.]
23.72.050 Attorney’s fees—Reexamination. If a
corporation shall directly or indirectly in contemplation of
the appointment of a receiver of such corporation pay money
or transfer property to an attorney or counselor at law, solicitor in equity, or proctor in admiralty for services to be
rendered, the transaction shall be reexamined by the court on
petition of the receiver of such corporation or any creditor
and shall be held valid only to the extent of a reasonable
amount to be determined by the court and any excess may
be recovered by the receiver for the benefit of the creditors
of such corporation. [1941 c 103 § 5; Rem. Supp. 1941 §
5831-8. Formerly RCW 23.48.050.]
[Title 23 RCW—page 2]
23.72.060 Setoffs and counterclaims. (1) In all cases
of mutual debts or mutual credits between the corporation
and a creditor the account shall be stated and one debt shall
be set off against the other, and the balance only shall be
allowed or paid: PROVIDED, That as against voidable
preferences the only offsets shall be the credits specified in
RCW 23.72.050.
(2) A setoff or counterclaim shall not be allowed in
favor of any debtor of the corporation which (1) is not
provable against the corporation, or (2) was purchased by or
transferred to him after the appointment of a receiver for
such corporation, or within four months before the date of
application for the appointment of such receiver, with a view
to such use and with knowledge or notice that such corporation was insolvent. [1941 c 103 § 6; Rem. Supp. 1941
§ 5831-9. Formerly RCW 23.48.060 and 23.48.070.]
Chapter 23.78
EMPLOYEE COOPERATIVE CORPORATIONS
Sections
23.78.010
23.78.020
Definitions.
Election by corporation to be governed as an employee
cooperative—Laws governing.
23.78.030 Revocation of election.
23.78.040 Corporate name.
23.78.050 Members—Membership shares.
23.78.060 Right to vote—Power to amend or repeal bylaws—Right to
amend articles of incorporation.
23.78.070 Net earnings or losses—Apportionment, distribution, and
payment.
23.78.080 Internal capital accounts authorized—Redemptions—
Assignment of portion of retained net earnings and net
losses to collective reserve account authorized.
23.78.090 Internal capital account cooperatives.
23.78.100 Provision for conversion of shares and accounts—
Limitations upon merger.
23.78.900 Short title.
23.78.902 Severability—1987 c 457.
Employee ownership programs through the department of community, trade,
and economic development: RCW 43.63A.230.
23.78.010 Definitions. For the purposes of this
chapter, the terms defined in this section have the meanings
given:
(1) "Employee cooperative" means a corporation that
has elected to be governed by the provisions of this chapter.
(2) "Member" means a natural person who has been
accepted for membership in, and owns a membership share
issued by an employee cooperative.
(3) "Patronage" means the amount of work performed
as a member of an employee cooperative, measured in
accordance with the articles of incorporation and bylaws.
(4) "Written notice of allocation" means a written
instrument which discloses to a member the stated dollar
amount of the member’s patronage allocation, and the terms
for payment of that amount by the employee cooperative.
[1987 c 457 § 2.]
23.78.020 Election by corporation to be governed as
an employee cooperative—Laws governing. Any corporation organized under the laws of this state may elect to be
governed as an employee cooperative under the provisions
of this chapter, by so stating in its articles of incorporation,
(2002 Ed.)
Employee Cooperative Corporations
or articles of amendment filed in accordance with Title 23B
RCW.
A corporation so electing shall be governed by all
provisions of Title 23B RCW, except RCW 23B.07.050,
23B.13.020, and chapter 23B.11 RCW, and except as
otherwise provided in this chapter. [1991 c 72 § 9; 1987 c
457 § 3.]
23.78.030 Revocation of election. An employee
cooperative may revoke its election under this chapter by a
vote of two-thirds of the members and through articles of
amendment filed with the secretary of state in accordance
with RCW 23B.01.200 and 23B.10.060. [1991 c 72 § 10;
1987 c 457 § 4.]
23.78.040 Corporate name. An employee cooperative may include the word "cooperative" or "co-op" in its
corporate name. [1987 c 457 § 5.]
23.78.050 Members—Membership shares. (1) The
articles of incorporation or the bylaws shall establish
qualifications and the method of acceptance and termination
of members. No person may be accepted as a member
unless employed by the employee cooperative on a full-time
or part-time basis.
(2) An employee cooperative shall issue a class of
voting stock designated as "membership shares." Each
member shall own only one membership share, and only
members may own these shares.
(3) Membership shares shall be issued for a fee as
determined from time to time by the directors. RCW
23B.06.040 and 23B.06.200 do not apply to such membership shares.
Members of an employee cooperative shall have all the
rights and responsibilities of stockholders of a corporation
organized under Title 23B RCW, except as otherwise provided in this chapter. [1991 c 72 § 11; 1987 c 457 § 6.]
23.78.060 Right to vote—Power to amend or repeal
bylaws—Right to amend articles of incorporation. (1) No
capital stock other than membership shares shall be given
voting power in an employee cooperative, except as otherwise provided in this chapter, or in the articles of incorporation.
(2) The power to amend or repeal bylaws of an employee cooperative shall be in the members only.
(3) Except as otherwise permitted by RCW 23B.10.040,
no capital stock other than membership shares shall be
permitted to vote on any amendment to the articles of
incorporation. [1991 c 72 § 12; 1987 c 457 § 7.]
23.78.070 Net earnings or losses—Apportionment,
distribution, and payment. (1) The net earnings or losses
of an employee cooperative shall be apportioned and distributed at the times and in the manner as the articles of
incorporation or bylaws shall specify. Net earnings declared
as patronage allocations with respect to a period of time, and
paid or credited to members, shall be apportioned among the
members in accordance with the ratio which each member’s
patronage during the period involved bears to total patronage
by all members during that period.
(2002 Ed.)
23.78.020
(2) The apportionment, distribution, and payment of net
earnings required by subsection (1) of this section may be in
cash, credits, written notices of allocation, or capital stock
issued by the employee cooperative. [1987 c 457 § 8.]
23.78.080 Internal capital accounts authorized—
Redemptions—Assignment of portion of retained net
earnings and net losses to collective reserve account
authorized. (1) Any employee cooperative may establish
through its articles of incorporation or bylaws a system of
internal capital accounts to reflect the book value and to
determine the redemption price of membership shares,
capital stock, and written notices of allocation.
(2) The articles of incorporation or bylaws of an
employee cooperative may permit the periodic redemption of
written notices of allocation and capital stock, and must
provide for recall and redemption of the membership share
upon termination of membership in the cooperative. No
redemption shall be made if redemption would result in a
violation of RCW 23B.06.400.
(3) The articles of incorporation or bylaws may provide
for the employee cooperative to pay or credit interest on the
balance in each member’s internal capital account.
(4) The articles of incorporation or bylaws may authorize assignment of a portion of retained net earnings and net
losses to a collective reserve account. Earnings assigned to
the collective reserve account may be used for any and all
corporate purposes as determined by the board of directors.
[1991 c 72 § 13; 1987 c 457 § 9.]
23.78.090 Internal capital account cooperatives. (1)
An internal capital account cooperative is an employee
cooperative whose entire net book value is reflected in
internal capital accounts, one for each member, and a
collective reserve account, and in which no persons other
than members own capital stock. In an internal capital
account cooperative, each member shall have one and only
one vote in any matter requiring voting by stockholders.
(2) An internal capital account cooperative shall credit
the paid-in membership fee and additional paid-in capital of
a member to the member’s internal capital account, and shall
also record the apportionment of retained net earnings or net
losses to the members in accordance with patronage by
appropriately crediting or debiting the internal capital
accounts of members. The collective reserve account in an
internal capital account cooperative shall reflect any paid-in
capital, net losses, and retained net earnings not allocated to
individual members.
(3) In an internal capital account cooperative, the
balances in all the individual internal capital accounts and
collective reserve account, if any, shall be adjusted at the
end of each accounting period so that the sum of the
balances is equal to the net book value of the employee
cooperative. [1987 c 457 § 10.]
23.78.100 Provision for conversion of shares and
accounts—Limitations upon merger. (1) When any
employee cooperative revokes its election in accordance with
RCW 23.78.030, the articles of amendment shall provide for
conversion of membership shares and internal capital
[Title 23 RCW—page 3]
23.78.100
Title 23 RCW: Corporations and Associations (Profit)
accounts or their conversion to securities or other property
in a manner consistent with Title 23B RCW.
(2) An employee cooperative that has not revoked its
election under this chapter may not merge with another
corporation other than an employee cooperative. Two or
more employee cooperatives may merge in accordance with
RCW 23B.01.200, 23B.07.050, and chapter 23B.11 RCW.
[1991 c 72 § 14; 1987 c 457 § 11.]
23.78.900 Short title. This chapter may be cited as
the employee cooperative corporations act. [1987 c 457 §
1.]
23.78.902 Severability—1987 c 457. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 457 § 16.]
Chapter 23.86
COOPERATIVE ASSOCIATIONS
Sections
23.86.007
23.86.010
23.86.020
23.86.022
23.86.030
23.86.035
23.86.050
23.86.055
23.86.070
23.86.075
23.86.080
23.86.085
23.86.087
23.86.090
23.86.095
23.86.100
23.86.105
23.86.115
23.86.125
23.86.135
23.86.145
23.86.155
23.86.160
23.86.170
23.86.191
23.86.195
23.86.200
23.86.210
23.86.220
23.86.230
23.86.250
23.86.300
23.86.310
23.86.320
23.86.330
23.86.335
Definitions.
Cooperative associations—Who may organize.
Business authorized.
Certificate of authority as insurance company—Filing of
documents.
Association name—Immunity from liability of association
board members and officers.
Powers.
Articles—Contents.
Articles—Filing.
Filing fees.
Fees for services by secretary of state.
Directors—Election and appointment.
Election of officers.
Removal of officers or directors.
Amendments to articles.
Registered office and agent.
Bylaws.
Member liability—Termination.
Voting.
Voting—Quorum.
Members right to dissent.
Rights of dissenting members.
Failure to appoint registered agent—Removal—
Reinstatement.
Apportionment of earnings.
Distribution of dividends.
Indemnification of agents of any corporation authorized.
Cooperative associations organized under other statutes—
Reorganization under chapter.
Definitions.
Conversion of cooperative association to domestic ordinary
business corporation—Procedure.
Merger of cooperative association with one or more cooperative associations or business corporations—Procedure.
Merger of cooperative association with one or more cooperative associations or business corporations—Rights,
powers, duties and liabilities of surviving entity—
Articles.
Dissolution.
Application of RCW 24.06.055 and 24.06.060.
Application of RCW 24.06.440.
Application of RCW 24.06.445.
Application of RCW 23B.14.200 and 23B.14.210.
Application of RCW 23B.14.203—Name not distinguishable
from name of governmental entity.
[Title 23 RCW—page 4]
23.86.340
23.86.350
23.86.360
23.86.370
23.86.400
23.86.410
Application of RCW 23B.14.220—Reinstatement.
Application of RCW 24.06.100 and 24.06.105.
Application of Title 23B RCW.
Application of RCW 24.06.340 through 24.06.435.
Locally regulated utilities—Attachments to poles.
Tariff for irrigation pumping service—Authority for locally
regulated utility to buy back electricity.
23.86.900 Application—1989 c 307.
Exemptions to commission merchant’s act: RCW 20.01.030.
Revolving fund of secretary of state, deposit of moneys for costs of
carrying out secretary of state’s functions under this chapter:
RCW 43.07.130.
23.86.007 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Association" means any corporation subject to this
chapter.
(2) "Member" or "members" includes a member or
members of an association subject to this chapter without
capital stock and a shareholder or shareholders of voting
common stock in an association subject to this chapter with
capital stock.
(3) "Articles of incorporation" means the original or
restated articles of incorporation, articles of consolidation, or
articles of association and all amendments including articles
of merger. Corporations incorporated under this chapter
with articles of association shall not be required to amend
the title or references to the term "articles of association."
(4) "Director," "directors," or "board of directors"
includes "trustee," "trustees," or "board of trustees" respectively. Corporations incorporated under this chapter with
references in their articles of association or bylaws to
"trustee," "trustees," or "board of trustees" shall not be
required to amend the references.
(5) "Agricultural association" means an association that
engages in any activity in connection with the marketing or
selling of the agricultural products of its members, or with
the harvesting, preserving, drying, processing, canning,
packing, storing, handling, shipping, or utilization thereof, or
the manufacturing or marketing of the byproducts thereof; or
in connection with the manufacturing, selling, or supplying
to its members of machinery, equipment, or supplies, or in
the financing of these activities. In the application of the
definition of agricultural association, "agricultural products"
includes horticultural, viticultural, forestry, dairy, livestock,
poultry, bee, and farm products. [1994 c 206 § 1; 1989 c
307 § 3.]
Legislative finding—1989 c 307: "The legislature finds that since
1921 there have existed in the laws of this state two separate incorporation
statutes expressly designed for corporations intending to operate as nonprofit
cooperatives. The existence of two cooperative incorporation statutes has
been the source of confusion, disparity of treatment, and legal and
administrative ambiguities, and the rationale for having two cooperative
incorporation statutes is no longer valid. These cooperative incorporation
statutes have not been updated with the regularity of this state’s business
incorporation statutes and, as a result, are deficient in certain respects."
[1989 c 307 § 1.]
23.86.010 Cooperative associations—Who may
organize. Any number of persons may associate themselves
together as a cooperative association, society, company or
exchange, with or without capital stock, for the transaction
of any lawful business on the cooperative plan. For the
purposes of this chapter the words "association," "company,"
(2002 Ed.)
Cooperative Associations
"exchange," "society" or "union" shall be construed the
same. [1989 c 307 § 4; 1913 c 19 § 1; RRS § 3904.
Formerly RCW 23.56.010.] [1954 SLC-RO-7]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Severability—1913 c 19: "If any section or part of a section of this
act shall for any cause be held unconstitutional such fact shall not affect the
remainder of this act." [1913 c 19 § 20.] This applies to RCW 23.86.010
through 23.86.190.
23.86.020 Business authorized. An association
created under this chapter, being for mutual welfare, the
words "lawful business" shall extend to every kind of lawful
effort for business, agricultural, dairy, mercantile, mining,
manufacturing or mechanical business, on the cooperative
plan. [1913 c 19 § 7; RRS § 3910. Formerly RCW
23.56.020.]
23.86.022 Certificate of authority as insurance
company—Filing of documents. For those corporations
that have a certificate of authority, are applying for, or
intend to apply for a certificate of authority from the
insurance commissioner as an insurance company under
chapter 48.05 RCW, whenever under this chapter corporate
documents are required to be filed with the secretary of
state, the documents shall be filed with the insurance
commissioner rather than the secretary of state. [1998 c 23
§ 4.]
23.86.030 Association name—Immunity from
liability of association board members and officers. (1)
The name of any association subject to this chapter may
contain the word "corporation," "incorporated," or "limited"
or an abbreviation of any such word.
(2) No corporation or association organized or doing
business in this state shall be entitled to use the term
"cooperative" as a part of its corporate or other business
name or title, unless it: (a) Is subject to the provisions of
this chapter, chapter 23.78, or 31.12 RCW; (b) is subject to
the provisions of chapter 24.06 RCW and operating on a
cooperative basis; (c) is, on July 23, 1989, an organization
lawfully using the term "cooperative" as part of its corporate
or other business name or title; or (d) is a nonprofit corporation or association the voting members of which are
corporations or associations operating on a cooperative basis.
Any corporation or association violating the provisions of
this section may be enjoined from doing business under such
name at the instance of any member or any association
subject to this chapter.
(3) A member of the board of directors or an officer of
any association subject to this chapter shall have the same
immunity from liability as is granted in RCW 4.24.264.
[1989 c 307 § 5; 1987 c 212 § 706; 1913 c 19 § 17; RRS §
3920. Formerly RCW 23.56.030.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.035 Powers. Each association subject to this
chapter shall have the following powers:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in the articles of
incorporation.
(2002 Ed.)
23.86.010
(2) To sue and be sued, complain, and defend in its
corporate name.
(3) To have and use a corporate seal.
(4) To purchase, take, receive, lease, or otherwise
acquire, own, hold, improve, use, and deal in and with real
or personal property or any interest therein, wherever
situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer, or otherwise dispose of all or any part of its
property and assets.
(6) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, use, and deal in and
with shares or other interest in, or obligations of, other
domestic or foreign corporations, associations, partnerships
or individuals, or direct or indirect obligations of the United
States or any other government, state, territory, governmental
district or municipality, or any instrumentality thereof.
(7) To make contracts and incur liabilities, borrow
money at rates of interest the association may determine,
issue notes, bonds, certificates of indebtedness, and other
obligations, receive funds from members and pay interest
thereon, issue capital stock and certificates representing
equity interests in assets, allocate earnings and losses at the
times and in the manner the articles of incorporation or
bylaws or other contract specify, create book credits, capital
funds, and reserves, and secure obligations by mortgage or
pledge of any of its property, franchises, and income.
(8) To lend money for corporate purposes, invest and
reinvest funds, and take and hold real and personal property
as security for the payment of funds loaned or invested.
(9) To conduct business, carry on operations, have
offices, and exercise the powers granted by this chapter,
within or without this state.
(10) To elect or appoint officers and agents of the
corporation, define their duties, and fix their compensation.
(11) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the association.
(12) To make donations for the public welfare or for
charitable, scientific, or educational purposes, and in time of
war to make donations in aid of war activities.
(13) To pay pensions and establish pension plans,
pension trusts, profit-sharing plans, stock bonus plans, stock
option plans, and other incentive plans for any or all of its
directors, officers, and employees.
(14) To be a partner, member, associate, or manager of
any partnership, joint venture, trust, or other enterprise.
(15) To cease corporate activities and surrender its
corporate franchise.
(16) To have and exercise all powers necessary or
convenient to effect its purposes. [1989 c 307 § 6.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.050 Articles—Contents. Every association
formed under this chapter after July 23, 1989, shall prepare
articles of incorporation in writing, which shall set forth:
(1) The name of the association.
(2) The purpose for which it was formed which may
include the transaction of any lawful business for which
[Title 23 RCW—page 5]
23.86.050
Title 23 RCW: Corporations and Associations (Profit)
associations may be incorporated under this chapter. It shall
not be necessary to set forth in the articles of incorporation
any of the corporate powers enumerated in this chapter.
(3) Its principal place of business.
(4) The term for which it is to exist which may be
perpetual or for a stated number of years.
(5) If organized without capital stock, whether the
property rights and interest of each member shall be equal or
unequal; and if unequal, the articles shall set forth the
general rules by which the property rights and interests of all
members shall be determined and fixed. The association
may admit new members who shall be entitled to share in
the property of the association with old members in accordance with the general rules.
(6) If the association is to have capital stock:
(a) The aggregate number of shares which the association shall have authority to issue; if shares are to consist of
one class only, the par value of each share, or a statement
that all shares are without par value; or, if shares are to be
divided into classes, the number of shares of each class, and
a statement of the par value of the shares of each class or
that shares are to be without par value;
(b) If the shares are to be divided into classes, the
designation of each class and a statement of the preferences,
limitations, and relative rights in respect to the shares of
each class;
(c) If the association is to issue the shares of any
preferred or special class in series, the designation of each
series and a statement of the variations in the relative rights
and preferences between series fixed in the articles of
incorporation, and a statement of any authority vested in the
board of directors to establish series and fix and determine
the variations in the relative rights and preferences between
series; and
(d) Any provision limiting or denying to members the
preemptive right to acquire additional shares of the association.
(7) Provisions for distribution of assets on dissolution or
final liquidation.
(8) Whether a dissenting member shall be limited to a
return of less than the fair value of the member’s equity
interest in the association. A dissenting member may not be
limited to a return of less than the consideration paid to or
retained by the association for the equity interest unless the
fair value is less than the consideration paid to or retained by
the association.
(9) The address of its initial registered office, including
street and number, and the name of its initial registered
agent at the address.
(10) The number of directors constituting the initial
board of directors and the names and addresses of the
persons who are to serve as the initial directors.
(11) The name and address of each incorporator.
(12) Any provision, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the internal affairs of the association,
including provisions regarding:
(a) Eliminating or limiting the personal liability of a
director to the association or its members for monetary
damages for conduct as a director: PROVIDED, That such
provision shall not eliminate or limit the liability of a director for acts or omissions that involve intentional misconduct
[Title 23 RCW—page 6]
by a director or a knowing violation of law by a director, or
for any transaction from which the director will personally
receive a benefit in money, property, or services to which
the director is not legally entitled. No such provision may
eliminate or limit the liability of a director for any act or
omission occurring before the date when such provision
becomes effective; and
(b) Any provision which under this chapter is required
or permitted to be set forth in the bylaws.
Associations organized under this chapter before July
23, 1989, or under *chapter 24.32 RCW shall not be
required to amend their articles of association or articles of
incorporation to conform to this section unless the association is otherwise amending the articles of association or
articles of incorporation.
The information specified in subsections (9) through
(11) of this section may be deleted when filing amendments.
[1989 c 307 § 7; 1987 c 212 § 704; 1982 c 35 § 171; 1961
c 34 § 1; 1913 c 19 § 2; RRS § 3905. Formerly RCW
23.56.050.]
*Reviser’s note: Chapter 24.32 RCW was repealed by 1989 c 307.
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
23.86.055 Articles—Filing. (1) Duplicate originals of
the articles of incorporation signed by the incorporators shall
be delivered to the secretary of state. If the secretary of
state finds that the articles of incorporation conform to law,
the secretary of state shall, when all required fees have been
paid:
(a) Endorse each original with the word "filed" and the
effective date of the filing.
(b) File one original in his or her office.
(c) Issue a certificate of incorporation with one original
attached.
(2) The certificate of incorporation, with an original of
the articles of incorporation affixed by the secretary of state,
shall be returned to the incorporators or their representatives
and shall be retained by the association.
(3) Upon the filing of the articles of incorporation, the
corporate existence shall begin, and the certificate of
incorporation shall, except as against the state in a proceeding to cancel or revoke the certificate of incorporation, be
conclusive evidence that all conditions precedent required to
be performed by the incorporators have been complied with
and that the corporation has been incorporated under this
chapter. [1989 c 307 § 8.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.070 Filing fees. For filing articles of incorporation of an association organized under this chapter or filing
application for a certificate of authority by a foreign corporation, there shall be paid to the secretary of state the sum of
twenty-five dollars. Fees for filing an amendment to articles
of incorporation shall be established by the secretary of state
by rule. For filing other documents with the secretary of
state and issuing certificates, fees shall be as prescribed in
RCW 23B.01.220. Associations subject to this chapter shall
not be subject to any corporation license fees excepting the
(2002 Ed.)
Cooperative Associations
fees hereinabove enumerated. [1993 c 269 § 1; 1991 c 72
§ 15; 1989 c 307 § 9; 1982 c 35 § 173; 1959 c 263 § 2;
1953 c 214 § 1; 1925 ex.s. c 99 § 1; 1913 c 19 § 4; RRS §
3907. Formerly RCW 23.56.070.]
Effective date—1993 c 269: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 269 § 17.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
23.86.075 Fees for services by secretary of state.
See RCW 43.07.120.
23.86.080 Directors—Election and appointment. (1)
Associations shall be managed by a board of not less than
three directors (which may be referred to as "trustees"). The
directors shall be elected by and from the members of the
association at such time, in such manner, and for such term
of office as the bylaws may prescribe, and shall hold office
during the term for which they were elected and until their
successors are elected and qualified.
(2) Except as provided in RCW 23.86.087, any vacancy
occurring in the board of directors, and any directorship to
be filled by reason of an increase in the number of directors,
may be filled by the board of directors unless the articles of
incorporation or the bylaws provide that a vacancy or
directorship so created shall be filled in some other manner.
A director elected or appointed to fill a vacancy shall be
elected or appointed for the unexpired term of the predecessor in office. [1989 c 307 § 10; 1913 c 19 § 5; RRS §
3908. Formerly RCW 23.56.080.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.085 Election of officers. The directors shall
elect a president and one or more vice-presidents, who need
not be directors. If the president and vice-presidents are not
members of the board of directors, the directors shall elect
from their number a chairman of the board of directors and
one or more vice-chairmen. They shall also elect a secretary
and treasurer, who need not be directors, and they may
combine the two offices and designate the combined office
as secretary-treasurer. The treasurer may be a bank or any
depository, and as such shall not be considered an officer but
a function of the board of directors. In such case, the
secretary shall perform the usual accounting duties of the
treasurer, except that the funds shall be deposited only as
authorized by the board of directors. [1989 c 307 § 11.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.087 Removal of officers or directors. Any
member may bring charges against an officer or director by
filing charges in writing with the secretary of the association,
together with a petition signed by ten percent of the members requesting the removal of the officer or director in
question. The removal shall be voted upon at the next
regular or special meeting of the association and, by a vote
of a majority of the members voting, the association may
(2002 Ed.)
23.86.070
remove the officer or director and fill the vacancy. The
director or officer against whom such charges have been
brought shall be informed in writing of the charges prior to
the meeting and shall have an opportunity at the meeting to
be heard in person or by counsel and to present witnesses.
The person or persons bringing the charges shall have the
same opportunity. If the bylaws provide for election of
directors by districts, the petition for removal of a director
must be signed by the number of members residing in the
district from which the officer or director was elected as the
articles of incorporation or bylaws specify and, in the
absence of such specification, the petition must be signed by
ten percent of the members residing in the district. The
board of directors must call a special meeting of the members residing in that district to consider the removal of the
director. By a vote of the majority of the members of the
district voting, the association may remove the officer or
director and fill the vacancy. [1989 c 307 § 12.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.090 Amendments to articles. The articles of
incorporation may be amended by a majority vote of the
members voting thereon, at any regular meeting or at any
special meeting called for that purpose, after notice of the
proposed amendment has been given to all members entitled
to vote thereon, in the manner provided by the bylaws:
PROVIDED, That if the total vote upon the proposed
amendment shall be less than twenty-five percent of the total
membership of the association, the amendment shall not be
approved. At the meeting, members may vote upon the
proposed amendment in person, or by written proxy, or by
mailed ballot. The power to amend shall include the power
to extend the period of its duration for a further definite time
or perpetually, and also include the power to increase or
diminish the amount of capital stock and the number of
shares: PROVIDED, The amount of the capital stock shall
not be diminished below the amount of the paid-up capital
stock at the time such amendment is adopted. After the
adoption of an amendment to its articles of incorporation, the
association shall cause a copy of such amendment adopted
to be recorded in the office of the secretary of state as
provided in RCW 24.06.195. [1989 c 307 § 23; 1982 c 35
§ 174; 1981 c 297 § 32; 1961 c 34 § 2; 1913 c 19 § 6; RRS
§ 3909. Formerly RCW 23.56.090.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.095 Registered office and agent. Effective
January 1, 1990, every association subject to this chapter
shall have and maintain a registered office and a registered
agent in this state in accordance with the requirements set
forth in RCW 24.06.050. [1989 c 307 § 13.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.100 Bylaws. Any association subject to this
chapter may pass bylaws to govern itself in the carrying out
[Title 23 RCW—page 7]
23.86.100
Title 23 RCW: Corporations and Associations (Profit)
of the provisions of this chapter which are not inconsistent
with the provisions of this chapter. [1989 c 307 § 24; 1913
c 19 § 19; RRS § 3922. Formerly RCW 23.56.100.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.105 Member liability—Termination. (1)
Except for debts lawfully contracted between a member and
the association, no member shall be liable for the debts of
the association to an amount exceeding the sum remaining
unpaid on his or her membership fee or subscription to
capital stock.
(2) Membership may be terminated under provisions,
rules, or regulations prescribed in the articles of incorporation or bylaws. In the absence thereof, the board of directors
may prescribe such provisions, rules, and regulations. [1989
c 307 § 19.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.115 Voting. (1) The right of a member to vote
may be limited, enlarged, or denied to the extent specified in
the articles of incorporation or bylaws. Unless so limited,
enlarged, or denied, each member shall be entitled to one
vote on each matter submitted to a vote of members. The
bylaws may allow subscribers to vote as members if onefifth of the subscription for the membership fee or capital
stock has been paid.
(2) A member may vote in person or, unless the articles
of incorporation or the bylaws otherwise provide, may vote
by mail or by proxy executed in writing by the member or
by a duly authorized attorney-in-fact. No proxy shall be
valid for more than eleven months from the date of its
execution unless otherwise specified in the proxy. Votes by
mail or by proxy shall be made by mail ballot or proxy form
prepared and distributed by the association in accordance
with procedures set forth in the articles of incorporation or
bylaws. Persons voting by mail shall be deemed present for
all purposes of quorum, count of votes, and percentage
voting of total voting power.
(3) If the articles of incorporation or bylaws provide for
more or less than one vote per member on any matter, every
reference in this chapter to a majority or other proportion of
members shall refer to such a majority or other proportion
of votes entitled to be cast by members. [1989 c 307 § 21.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.125 Voting—Quorum. Except as otherwise
provided in this chapter, the articles of incorporation or the
bylaws may provide the number or percentage of votes that
members are entitled to cast in person, by mail, or by proxy
that shall constitute a quorum at meetings of members. In
the absence of any provision in the articles of incorporation
or bylaws, twenty-five percent of the total membership of
the association shall constitute a quorum. [1989 c 307 § 22.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
[Title 23 RCW—page 8]
23.86.135 Members right to dissent. A member of
an association shall have the right to dissent from any of the
following association actions:
(1) Any plan of merger or consolidation to which the
association is a party;
(2) Any plan of conversion of the association to an
ordinary business corporation; or
(3) Any sale or exchange of all or substantially all of
the property and assets of the association not made in the
usual and regular course of its business, including a sale in
dissolution, but not including a sale pursuant to an order of
a court having jurisdiction in the premises or a sale for cash
on terms requiring that all or substantially all of the net
proceeds of the sale be distributed to the members in accordance with their respective interests within one year from
the date of sale. [1989 c 307 § 30.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.145 Rights of dissenting members. (1) Except
as provided otherwise under this chapter, the rights and
procedures set forth in chapter 23B.13 RCW shall apply to
a member who elects to exercise the right of dissent.
(2) The articles of incorporation of an association
subject to this chapter may provide that a dissenting member
shall be limited to a return of less than the fair value of the
member’s equity interest in the association, but a dissenting
member may not be limited to a return of less than the consideration paid to or retained by the association for the
equity interest unless the fair value is less than the consideration paid to or retained by the association.
(3) Any member of an agricultural association who
exercises the right to dissent from an association action
described in RCW 23.86.135 shall be entitled to payment of
the member’s equity interest on the same time schedule that
would have applied if membership in the association had
been terminated.
(4) Subsection (3) of this section does not apply to
agricultural associations that are involved in an action under
subsection (3) of this section before June 9, 1994: (a) As to
the associations that were involved in the particular action;
(b) for three years after June 9, 1994. [1994 c 206 § 2;
1991 c 72 § 16; 1989 c 307 § 31.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.155 Failure to appoint registered agent—
Removal—Reinstatement. (1) The secretary of state shall
notify all associations subject to this chapter thirty days prior
to July 23, 1989, that in the event they fail to appoint a
registered agent as provided in RCW 23.86.095, they shall
thereupon cease to be recorded as an active corporation.
(2) If the notification provided under subsection (1) of
this section from the secretary of state to any association was
or has been returned unclaimed or undeliverable, the
secretary of state shall proceed to remove the name of such
association from the records of active corporations.
(3) Associations removed from the records of active
corporations under subsection (2) of this section may be
reinstated at any time within ten years of the action by the
secretary of state. The association shall be reinstated to
(2002 Ed.)
Cooperative Associations
23.86.155
active status by filing a request for reinstatement, by appointment of a registered agent and designation of a registered office as required by this chapter, and by filing an
annual report for the reinstatement year. No fees may be
charged for reinstatements under this section. If, during the
period of inactive status, another person or corporation has
reserved or adopted a corporate name which is identical to
or deceptively similar to the association’s name, the association seeking reinstatement shall be required to adopt another
name consistent with the requirements of this chapter and to
amend its articles of incorporation accordingly.
(4) If no action is taken to reinstate to active status as
provided in subsection (3) of this section, the association
shall be administratively dissolved. [1989 c 307 § 35.]
chapter, and shall state that the cooperative association
accepts the benefits and will be bound by the provisions of
this chapter. [1989 c 307 § 26; 1981 c 297 § 38.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.210 Conversion of cooperative association to
domestic ordinary business corporation—Procedure. (1)
A cooperative association may be converted to a domestic
ordinary business corporation pursuant to the following
procedures:
(a) The board of directors of the association shall, by
affirmative vote of not less than two-thirds of all such
directors, adopt a plan for such conversion setting forth:
(i) The reasons why such conversion is desirable and in
the interests of the members of the association;
(ii) The proposed contents of articles of conversion with
respect to items (ii) through (ix) of subparagraph (c) below;
and
(iii) Such other information and matters as the board of
directors may deem to be pertinent to the proposed plan.
(b) After adoption by the board of directors, the plan for
conversion shall be submitted for approval or rejection to the
members of the association at any regular meetings or at any
special meetings called for that purpose, after notice of the
proposed conversion has been given to all members entitled
to vote thereon, in the manner provided by the bylaws. The
notice of the meeting shall be accompanied by a full copy of
the proposed plan for conversion or by a summary of its
provisions. At the meeting members may vote upon the
proposed conversion in person, or by written proxy, or by
mailed ballot. The affirmative vote of two-thirds of the
members voting thereon shall be required for approval of the
plan of conversion. If the total vote upon the proposed
conversion shall be less than twenty-five percent of the total
membership of the association, the conversion shall not be
approved.
(c) Upon approval by the members of the association,
the articles of conversion shall be executed in duplicate by
the association by one of its officers and shall set forth:
(i) The dates and vote by which the plan for conversion
was adopted by the board of directors and members respectively;
(ii) The corporate name of the converted organization.
The name shall comply with requirements for names of
business corporations formed under Title 23B RCW, and
shall not contain the term "cooperative";
(iii) The purpose or purposes for which the converted
corporation is to exist;
(iv) The duration of the converted corporation, which
may be perpetual or for a stated term of years;
(v) The capitalization of the converted corporation and
the class or classes of shares of stock into which divided,
23.86.160 Apportionment of earnings. The directors
may apportion the net earnings by paying dividends upon the
paid-up capital stock at a rate not exceeding eight percent
per annum. They may set aside reasonable reserves out of
such net earnings for any association purpose. The directors
may, however, distribute all or any portion of the net
earnings to members in proportion to the business of each
with the association and they may include nonmembers at a
rate not exceeding that paid to members. The directors may
distribute, on a patronage basis, such net earnings at different
rates on different classes, kinds, or varieties of products
handled. All dividends declared or other distributions made
under this section may, in the discretion of the directors, be
in the form of capital stock, capital or equity certificates,
book credits, or capital funds of the association. All
unclaimed dividends or distributions authorized under this
chapter or funds payable on redeemed stock, equity certificates, book credits, or capital funds shall revert to the
association at the discretion of the directors at any time after
one year from the end of the fiscal year during which such
distributions or redemptions have been declared. [1989 c
307 § 25; 1947 c 37 § 1; 1943 c 99 § 3; 1913 c 19 § 13;
Rem. Supp. 1947 § 3916. Formerly RCW 23.56.160.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.170 Distribution of dividends. The profits or
net earnings of such association shall be distributed to those
entitled thereto at such time and in such manner not inconsistent with this chapter as its bylaws shall prescribe, which
shall be as often as once a year. [1913 c 19 § 14; RRS §
3917. Formerly RCW 23.56.170.]
23.86.191 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
23.86.195 Cooperative associations organized under
other statutes—Reorganization under chapter. Any
cooperative association organized under any other statute
may be reorganized under the provisions of this chapter by
adopting and filing amendments to its articles of incorporation in accordance with the provisions of this chapter for
amending articles of incorporation. The articles of incorporation as amended must conform to the requirements of this
(2002 Ed.)
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.200 Definitions. For the purposes of RCW
23.86.200 through 23.86.230 a "domestic" cooperative
association or "domestic" corporation is one formed under
the laws of this state, and an "ordinary business" corporation
is one formed or which could be formed under Title 23B
RCW. [1991 c 72 § 17; 1971 ex.s. c 221 § 1.]
[Title 23 RCW—page 9]
23.86.210
Title 23 RCW: Corporations and Associations (Profit)
together with the par value, if any, of such shares, in
accordance with statutory requirements applicable to ordinary
business corporations, and the basis upon which outstanding
shares of the association are converted into shares of the
converted corporation;
(vi) Any provision limiting or denying to shareholders
the preemptive right to acquire additional shares of the
converted corporation;
(vii) The address of the converted corporation’s initial
registered office and its initial registered agent at such
address;
(viii) The names and addresses of the persons who are
to serve as directors of the converted corporation until the
first annual meeting of shareholders of the converted
corporation or until their successors are elected and qualify;
(ix) Any additional provisions, not inconsistent with law,
provided for by the plan for conversion for the regulation of
the internal affairs of the converted corporation, including
any provision restricting the transfer of shares or which
under Title 23B RCW is required or permitted to be set forth
in bylaws.
(d) The executed duplicate originals of the articles of
conversion shall be delivered to the secretary of state. If the
secretary of state finds that the articles of conversion
conform to law, the secretary of state shall, when all the fees
have been paid as in this section prescribed:
(i) Endorse on each of such originals the word "Filed",
and the effective date of such filing;
(ii) File one of such originals; and
(iii) Issue a certificate of conversion to which one of
such originals shall be affixed.
(e) The certificate of conversion, together with the
original of the articles of conversion affixed thereto by the
secretary of state, shall be returned to the converted corporation or its representative. The original affixed to the
certificate of conversion shall be retained by the converted
corporation.
(f) Upon filing the articles of conversion the converted
corporation shall pay, and the secretary of state shall collect,
the same filing and license fees as for filing articles of
incorporation of a newly formed business corporation
similarly capitalized.
(2) Upon filing by the secretary of state of the articles
of conversion, the conversion of the cooperative association
to an ordinary business corporation shall become effective;
the articles of conversion shall thereafter constitute and be
treated in like manner as articles of incorporation; and the
converted corporation shall be subject to all laws applicable
to corporations formed under Title 23B RCW, and shall not
thereafter be subject to laws applying only to cooperative
associations. The converted corporation shall constitute and
be deemed to constitute a continuation of the corporate
substance of the cooperative association and the conversion
shall in no way derogate from the rights of creditors of the
former association. [1991 c 72 § 18; 1989 c 307 § 27; 1982
c 35 § 175; 1981 c 297 § 34; 1971 ex.s. c 221 § 2.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
[Title 23 RCW—page 10]
23.86.220 Merger of cooperative association with
one or more cooperative associations or business corporations—Procedure. (1) A cooperative association may
merge with one or more domestic cooperative associations,
or with one or more domestic ordinary business corporations,
in accordance with the procedures and subject to the conditions set forth or referred to in this section.
(2) If the merger is into another domestic cooperative
association, the board of directors of each of the associations
shall approve by vote of not less than two-thirds of all the
directors, a plan of merger setting forth:
(a) The names of the associations proposing to merge;
(b) The name of the association which is to be the
surviving association in the merger;
(c) The terms and conditions of the proposed merger;
(d) The manner and basis of converting the shares of
each merging association into shares or other securities or
obligations of the surviving association;
(e) A statement of any changes in the articles of
incorporation of the surviving association to be effected by
such merger; and
(f) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable.
(3) Following approval by the boards of directors, the
plan of merger shall be submitted to a vote of the members
of each of the associations at any regular meeting or at any
special meetings called for that purpose, after notice of the
proposed merger has been given to all members entitled to
vote thereon, in the manner provided in the bylaws. The
notice of the meeting shall be in writing stating the purpose
or purposes of the meeting and include or be accompanied
by a copy or summary of the plan of merger. At the
meeting members may vote upon the proposed merger in
person, or by written proxy, or by mailed ballot. The
affirmative vote of two-thirds of the members voting
thereon, by each association, shall be required for approval
of the plan of merger. If the total vote of either association
upon the proposed merger shall be less than twenty-five
percent of the total membership of such association, the
merger shall not be approved.
(4) Upon approval by the members of the associations
proposing to merge, articles of merger shall be executed in
duplicate by each association by an officer of each association, and shall set forth:
(a) The plan of merger;
(b) As to each association, the number of members and,
if there is capital stock, the number of shares outstanding;
and
(c) As to each association, the number of members who
voted for and against such plan, respectively.
(5) Duplicate originals of the articles of merger shall be
delivered to the secretary of state. If the secretary of state
finds that such articles conform to law, the secretary of state
shall, when all fees have been paid as in this section
prescribed:
(a) Endorse on each of such originals the word "Filed",
and the effective date of such filing;
(b) File one of such originals; and
(c) Issue a certificate of merger to which one of such
originals shall be affixed.
(6) The certificate of merger, together with the duplicate
original of the articles of merger affixed thereto by the
(2002 Ed.)
Cooperative Associations
secretary of state shall be returned to the surviving association or its representative.
(7) For filing articles of merger hereunder the secretary
of state shall charge and collect the same fees as apply to
filing of articles of merger of ordinary business corporations.
(8) If the plan of merger is for merger of the cooperative association into a domestic ordinary business corporation, the association shall follow the same procedures as
hereinabove provided for merger of domestic cooperative
associations and the ordinary business corporation shall
follow the applicable procedures set forth in RCW
23B.07.050 and chapter 23B.11 RCW.
(9) At any time prior to filing of the articles of merger,
the merger may be abandoned pursuant to provisions
therefor, if any, set forth in the plan of merger. [1991 c 72
§ 19; 1989 c 307 § 28; 1982 c 35 § 176; 1981 c 297 § 35;
1971 ex.s. c 221 § 3.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.230 Merger of cooperative association with
one or more cooperative associations or business corporations—Rights, powers, duties and liabilities of surviving
entity—Articles. (1) Upon issuance of the certificate of
merger by the secretary of state, the merger of the cooperative association into another cooperative association or
ordinary business corporation, as the case may be, shall be
effected.
(2) When merger has been effected:
(a) The several parties to the plan of merger shall be a
single cooperative association or corporation, as the case
may be, which shall be that cooperative association or
corporation designated in the plan of merger as the survivor.
(b) The separate existence of all parties to the plan of
merger, except that of the surviving cooperative association
or corporation, shall cease.
(c) If the surviving entity is a cooperative association,
it shall have all the rights, privileges, immunities and powers
and shall be subject to all the duties and liabilities of a
cooperative association organized under chapter 23.86 RCW.
If the surviving entity is an ordinary business corporation, it
shall have all the rights, privileges, immunities and powers
and shall be subject to all the duties and liabilities of a
corporation organized or existing under Title 23B RCW.
(d) Such surviving cooperative association or corporation, as the case may be, shall thereupon and thereafter
possess all the rights, privileges, immunities, and franchises,
both public and private of each of the merging organizations,
to the extent that such rights, privileges, immunities, and
franchises are not inconsistent with the corporate nature of
the surviving organization; and all property, real, personal
and mixed, and all debts due on whatever account, including
subscriptions to shares, and all other choses in action, and all
and every other interest of or belonging to or due to each of
the organizations so merged shall be taken and deemed to be
transferred to and vested in such surviving cooperative
association or corporation, as the case may be, without
further act or deed; and the title to any real estate, or any
interest therein, vested in any such merged cooperative
(2002 Ed.)
23.86.220
association shall not revert or be in any way impaired by
reason of such merger.
(3) The surviving cooperative association or corporation,
as the case may be, shall, after the merger is effected, be
responsible and liable for all the liabilities and obligations of
each of the organizations so merged; and any claim existing
or action or proceeding pending by or against any of such
organizations may be prosecuted as if the merger had not
taken place and the surviving cooperative association or
corporation may be substituted in its place. Neither the right
of creditors nor any liens upon the property of any cooperative association or corporation party to the merger shall be
impaired by the merger.
(4) The articles of incorporation of the surviving
cooperative association or of the surviving ordinary business
corporation, as the case may be, shall be deemed to be
amended to the extent, if any, that changes in such articles
are stated in the plan of merger. [1991 c 72 § 20; 1989 c
307 § 29; 1971 ex.s. c 221 § 4.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.250 Dissolution. The members of any association may by the vote of two-thirds of the members voting
thereon, at any regular meeting or at any special meeting
called for that purpose, vote to dissolve said association after
notice of the proposed dissolution has been given to all
members entitled to vote thereon, in the manner provided by
the bylaws, and thereupon such proceeding shall be had for
the dissolution of said association as is provided by law for
the dissolution of corporations organized under chapter 24.06
RCW: PROVIDED, That if the total vote upon the proposed
dissolution shall be less than twenty-five percent of the total
membership of the association, the dissolution shall not be
approved. At the meeting, members may vote upon the
proposed dissolution in person, or by written proxy, or by
mailed ballot. [1981 c 297 § 36.]
Severability—1981 c 297: See note following RCW 15.36.201.
23.86.300 Application of RCW 24.06.055 and
24.06.060. The provisions of RCW 24.06.055 and 24.06.060
shall apply to every association subject to this chapter.
[1989 c 307 § 14.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.310 Application of RCW 24.06.440. Effective
January 1, 1990, every association subject to this chapter
shall comply with the requirements set forth in RCW
24.06.440. [1989 c 307 § 15.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.320 Application of RCW 24.06.445. The
provisions of RCW 24.06.445 shall apply to every association subject to this chapter. [1989 c 307 § 16.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.330 Application of RCW 23B.14.200 and
23B.14.210. The provisions of RCW 23B.14.200 and
[Title 23 RCW—page 11]
23.86.330
Title 23 RCW: Corporations and Associations (Profit)
23B.14.210 shall apply to every association subject to this
chapter formed on or after July 23, 1989. [1991 c 72 § 21;
1989 c 307 § 17.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.335 Application of RCW 23B.14.203—Name
not distinguishable from name of governmental entity.
RCW 23B.14.203 applies to this chapter. [1997 c 12 § 8.]
23.86.340 Application of RCW 23B.14.220—
Reinstatement. The provisions of RCW 23B.14.220 shall
apply to every association subject to this chapter. An
association may apply for reinstatement within three years
after the effective date of dissolution. [1991 c 72 § 22; 1989
c 307 § 18.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.350 Application of RCW 24.06.100 and
24.06.105. The provisions of RCW 24.06.100 and 24.06.105
shall apply to every association subject to this chapter.
[1989 c 307 § 20.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
(b) "Locally regulated utility" means an electric service
cooperative organized under this chapter and not subject to
rate or service regulation by the utilities and transportation
commission.
(c) "Nondiscriminatory" means that pole owners may
not arbitrarily differentiate among or between similar classes
of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and
sufficient. A locally regulated utility shall levy attachment
space rental rates that are uniform for the same class of
service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over
locally regulated utilities. [1996 c 32 § 1.]
23.86.410 Tariff for irrigation pumping service—
Authority for locally regulated utility to buy back
electricity. The board may approve a tariff for irrigation
pumping service that allows the locally regulated utility to
buy back electricity from customers to reduce electricity
usage by those customers during the locally regulated
utility’s particular irrigation season. [2001 c 122 § 4.]
Effective date—2001 c 122: See note following RCW 80.28.310.
23.86.360 Application of Title 23B RCW. The
provisions of Title 23B RCW shall apply to the associations
subject to this chapter, except where such provisions are in
conflict with or inconsistent with the express provisions of
this chapter. The terms "shareholder" or "shareholders" as
used in Title 23B RCW, or in chapter 24.06 RCW as incorporated by reference herein, shall be deemed to refer to
"member" or "members" as defined in this chapter. When
the terms "share" or "shares" are used with reference to
voting rights in Title 23B RCW, or in chapter 24.06 RCW
as incorporated by reference herein, such terms shall be
deemed to refer to the vote or votes entitled to be cast by a
member or members. [1991 c 72 § 23; 1989 c 307 § 32.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.370 Application of RCW 24.06.340 through
24.06.435. The provisions of RCW 24.06.340 through
24.06.435 shall apply to every foreign corporation which
desires to conduct affairs in this state under the authority of
this chapter. [1989 c 307 § 33.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
23.86.400 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of
carrying electronic impulses or light waves for the carrying
of intelligence for telecommunications or television, including, but not limited to cable, and any related device,
apparatus, or auxiliary equipment upon any pole owned or
controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with
the necessary consent.
[Title 23 RCW—page 12]
23.86.900 Application—1989 c 307. The provisions
of this chapter relating to domestic cooperative associations
shall apply to:
(1) All cooperative associations organized under this
chapter; and
(2) All agricultural cooperative associations organized
under *chapter 24.32 RCW. All such agricultural cooperatives are deemed to have been incorporated under this
chapter. [1989 c 307 § 2.]
*Reviser’s note: Chapter 24.32 RCW was repealed by 1989 c 307.
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Chapter 23.90
MASSACHUSETTS TRUSTS
Sections
23.90.010 Short title.
23.90.020 Massachusetts trust defined.
23.90.030 Form of association authorized.
23.90.040 Filing trust instrument, effect—Powers and duties of trust.
23.90.050 Fees for services by secretary of state.
23.90.060 Indemnification of agents of any corporation authorized.
23.90.900 Severability—1959 c 220.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
23.90.010 Short title. This chapter may be known
and cited as the "Massachusetts Trust Act of 1959". [1959
c 220 § 1.]
23.90.020 Massachusetts trust defined. A Massachusetts trust is an unincorporated business association created
at common law by an instrument under which property is
(2002 Ed.)
Massachusetts Trusts
held and managed by trustees for the benefit and profit of
such persons as may be or may become the holders of
transferable certificates evidencing beneficial interests in the
trust estate, the holders of which certificates are entitled to
the same limitation of personal liability extended to stockholders of private corporations. [1959 c 220 § 2.]
23.90.020
chapter, or the application thereof to any person or circumstances is held invalid, the remainder of the chapter and the
application of such provision to persons or circumstances
other than those as to which it is held invalid shall not be
affected thereby. [1959 c 220 § 5.]
23.90.030 Form of association authorized. A
Massachusetts trust is permitted as a recognized form of
association for the conduct of business within the state of
Washington. [1959 c 220 § 3.]
23.90.040 Filing trust instrument, effect—Powers
and duties of trust. (1) Any Massachusetts trust desiring to
do business in this state shall file with the secretary of state
a verified copy of the trust instrument creating such a trust
and any amendment thereto, the assumed business name, if
any, and the names and addresses of its trustees.
(2) Any person dealing with such Massachusetts trust
shall be bound by the terms and conditions of the trust
instrument and any amendments thereto so filed.
(3) Any Massachusetts trust created under this chapter
or entering this state pursuant thereto shall pay such taxes
and fees as are imposed by the laws, ordinances, and
resolutions of the state of Washington and any counties and
municipalities thereof on domestic and foreign corporations,
respectively, on an identical basis therewith. In computing
such taxes and fees, the shares of beneficial interest of such
a trust shall have the character for tax purposes of shares of
stock in private corporations.
(4) Any Massachusetts trust shall be subject to such
applicable provisions of law, now or hereafter enacted, with
respect to domestic and foreign corporations, respectively, as
relate to the issuance of securities, filing of required statements or reports, service of process, general grants of power
to act, right to sue and be sued, limitation of individual
liability of shareholders, rights to acquire, mortgage, sell,
lease, operate and otherwise to deal in real and personal
property, and other applicable rights and duties existing
under the common law and statutes of this state in a manner
similar to those applicable to domestic and foreign corporations.
(5) The secretary of state, director of licensing, and the
department of revenue of the state of Washington are each
authorized and directed to prescribe binding rules and
regulations applicable to said Massachusetts trusts consistent
with this chapter. [1981 c 302 § 3; 1979 c 158 § 88; 1967
ex.s. c 26 § 21; 1959 c 220 § 4.]
Severability—1981 c 302: See note following RCW 19.76.100.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
23.90.050 Fees for services by secretary of state.
See RCW 43.07.120.
23.90.060 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
23.90.900 Severability—1959 c 220. Notwithstanding
any other evidence of legislative intent, it is declared to be
the controlling legislative intent that if any provision of this
(2002 Ed.)
[Title 23 RCW—page 13]
Title 23B
WASHINGTON BUSINESS CORPORATION ACT
Chapters
23B.01
23B.02
23B.03
23B.04
23B.05
23B.06
23B.07
23B.08
23B.09
23B.10
General provisions.
Incorporation.
Powers and purposes.
Name.
Office and agent.
Shares and distributions.
Shareholders.
Directors and officers.
[Reserved.]
Amendment of articles of incorporation and
bylaws.
23B.11 Merger and share exchange.
23B.12 Sale of assets.
23B.13 Dissenters’ rights.
23B.14 Dissolution.
23B.15 Foreign corporations.
23B.16 Records and reports.
23B.17 Miscellaneous provisions.
23B.18 Nonadmitted organizations.
23B.19 Significant business transactions.
23B.900 Construction.
Acknowledgment form, corporations: RCW 64.08.070.
Acquisition of corporate stock by another corporation to lessen competition
declared unlawful—Exceptions—Judicial order to divest: RCW
19.86.060.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Condominium act: Chapter 64.34 RCW.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Corporations for educational, social, religious, fraternal, etc., purposes:
Title 24 RCW.
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
False statements, penalty for filing: RCW 43.07.210.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Professional service corporations: Chapter 18.100 RCW.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this title: RCW 43.07.130.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
(2002 Ed.)
Chapter 23B.01
GENERAL PROVISIONS
Sections
23B.01.010
23B.01.020
23B.01.200
23B.01.202
23B.01.210
23B.01.220
23B.01.230
23B.01.240
23B.01.250
23B.01.260
23B.01.270
23B.01.280
23B.01.290
23B.01.300
23B.01.400
23B.01.410
23B.01.500
23B.01.510
23B.01.520
23B.01.530
23B.01.540
23B.01.550
23B.01.560
23B.01.570
23B.01.580
23B.01.590
Short title.
Reservation of power to amend or repeal.
Filing requirements.
Certificate of authority as insurance company—Filing of
records.
Forms.
Fees.
Effective time and date of record.
Correcting filed records.
Filing duty of secretary of state.
Judicial review of secretary of state’s refusal to file a record.
Evidentiary effect of copy of filed record.
Certificate of existence or authorization.
Penalty for signing false document.
Powers.
Definitions.
Notice.
Domestic corporations—Notice of due date for payment of
annual license fee and filing annual report.
Foreign corporations—Notice of due date for payment of
annual license fee and filing annual report.
Domestic corporations—Filing and initial license fees.
Domestic corporations—Inactive corporation defined—
Annual license fee.
Foreign corporations—Filing and license fees on qualification.
Foreign corporations—Annual license fees.
License fees for reinstated corporation.
Penalty for nonpayment of annual corporate license fees
and failure to file a substantially complete annual report—Payment of delinquent fees—Rules.
Waiver of penalty fees.
Public service companies entitled to deductions.
23B.01.010 Short title. This title shall be known and
may be cited as the "Washington business corporation act."
[1989 c 165 § 1.]
23B.01.020 Reservation of power to amend or
repeal. The legislature has power to amend or repeal all or
part of this title at any time and all domestic and foreign
corporations subject to this title are governed by the amendment or repeal. [1989 c 165 § 2.]
23B.01.200 Filing requirements. (1) A record must
satisfy the requirements of this section, and of any other
section that adds to or varies from these requirements, to be
entitled to filing by the secretary of state.
(2) The secretary of state may permit records to be filed
through electronic transmission. The secretary of state may
adopt rules varying from these requirements to facilitate
electronic filing. These rules shall detail the circumstances
under which the electronic filing of records shall be permitted and how such records shall be filed. These rules may
[Title 23B RCW—page 1]
23B.01.200
Title 23B RCW: Washington Business Corporation Act
also impose additional requirements related to implementation of electronic filing processes including but not limited
to: File formats; signature technologies; the manner of
delivery; and the types of entities or records permitted.
(3) This title must require or permit filing the record in
the office of the secretary of state.
(4) The record must contain the information required by
this title. It may contain other information as well.
(5) The record must: (a) Be typewritten or printed, and
must meet such legibility or other standards as may be
prescribed by the secretary of state; or (b) meet the standards
for electronic filing as may be prescribed by the secretary of
state.
(6) The record must be in the English language. A
corporate name need not be in English if written in English
letters or Arabic or Roman numerals, and the certificate of
existence required of foreign corporations need not be in
English if accompanied by a reasonably authenticated
English translation.
(7) Unless otherwise indicated in this title, all records
submitted for filing must be executed:
(a) By the chairperson of the board of directors of a
domestic or foreign corporation, by its president, or by
another of its officers;
(b) If directors have not been selected or the corporation
has not been formed, by an incorporator; or
(c) If the corporation is in the hands of a receiver,
trustee, or other court-appointed fiduciary, by that fiduciary.
(8) The person executing the record shall sign it and
state beneath or opposite the signature the name of the
person and the capacity in which the person signs. The
record may but need not contain: (a) The corporate seal; (b)
an attestation by the secretary or an assistant secretary; or (c)
an acknowledgment, verification, or proof.
(9) If the secretary of state has prescribed a mandatory
form for the record under RCW 23B.01.210, the record must
be in or on the prescribed form.
(10) The record must be received by the office of the
secretary of state for filing and, except in the case of an
electronic filing, must be accompanied by one exact or
conformed copy, the correct filing fee or charge, including
license fee, penalty and service fee, and any attachments
which are required for the filing. [2002 c 297 § 1; 1991 c
72 § 24; 1989 c 165 § 3.]
23B.01.202 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 2; 1998 c 23 § 5.]
23B.01.210 Forms. The secretary of state may
prescribe and furnish on request, forms for: (1) An application for a certificate of existence; (2) a foreign corporation’s
application for a certificate of authority to transact business
in this state; (3) a foreign corporation’s application for a
certificate of withdrawal; (4) an initial report; (5) an annual
[Title 23B RCW—page 2]
report; and (6) such other forms not in conflict with this title
as may be prescribed by the secretary of state. If the
secretary of state so requires, use of these forms is mandatory. [1991 c 72 § 25; 1989 c 165 § 4.]
23B.01.220 Fees. (1) The secretary of state shall
collect in accordance with the provisions of this title:
(a) Fees for filing records and issuing certificates;
(b) Miscellaneous charges;
(c) License fees as provided in RCW 23B.01.500
through 23B.01.550;
(d) Penalty fees; and
(e) Other fees as the secretary of state may establish by
rule adopted under chapter 34.05 RCW.
(2) The secretary of state shall collect the following fees
when the records described in this subsection are delivered
for filing:
One hundred seventy-five dollars, pursuant to RCW
23B.01.520 and 23B.01.540, for:
(a) Articles of incorporation; and
(b) Application for certificate of authority.
(3) The secretary of state shall establish by rule, fees for
the following:
(a) Application for reinstatement;
(b) Articles of correction;
(c) Amendment of articles of incorporation;
(d) Restatement of articles of incorporation, with or
without amendment;
(e) Articles of merger or share exchange;
(f) Articles of revocation of dissolution;
(g) Application for amended certificate of authority;
(h) Application for reservation, registration, or assignment of reserved name;
(i) Corporation’s statement of change of registered agent
or registered office, or both, except where this information
is provided in conjunction with and on an initial report or an
annual report form filed under RCW 23B.01.530,
23B.01.550, 23B.02.050, or 23B.16.220;
(j) Agent’s resignation, or statement of change of
registered office, or both, for each affected corporation;
(k) Initial report; and
(l) Any record not listed in this subsection that is
required or permitted to be filed under this title.
(4) Fees shall be adjusted by rule only in an amount that
does not exceed the average biennial increase in the cost of
providing service. This shall be determined in a biennial
cost study performed by the secretary of state.
(5) The secretary of state shall not collect fees for:
(a) Agent’s consent to act as agent;
(b) Agent’s resignation, if appointed without consent;
(c) Articles of dissolution;
(d) Certificate of judicial dissolution;
(e) Application for certificate of withdrawal; and
(f) Annual report when filed concurrently with the
payment of annual license fees.
(6) The secretary of state shall collect a fee in an
amount established by the secretary of state by rule per
defendant served, upon being served process under this title.
The party to a proceeding causing service of process is
entitled to recover this fee as costs if such party prevails in
the proceeding.
(2002 Ed.)
General Provisions
(7) The secretary of state shall establish by rule and
collect a fee from every person or organization:
(a) For furnishing a certified copy of any record,
instrument, or paper relating to a corporation;
(b) For furnishing a certificate, under seal, attesting to
the existence of a corporation, or any other certificate; and
(c) For furnishing copies of any record, instrument, or
paper relating to a corporation, other than of an initial report
or an annual report.
(8) For annual license fees for domestic and foreign
corporations, see RCW 23B.01.500, 23B.01.510, 23B.01.530,
and 23B.01.550. For penalties for nonpayment of annual
license fees and failure to complete annual report, see RCW
23B.01.570. [2002 c 297 § 3; 1993 c 269 § 2; 1992 c 107
§ 7; 1991 c 72 § 26; 1990 c 178 § 1; 1989 c 165 § 5.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective dates—1992 c 107: See note following RCW 19.02.020.
Effective date—1990 c 178: "This act shall take effect July 1, 1990."
[1990 c 178 § 13.]
23B.01.230 Effective time and date of record. (1)
Except as provided in subsection (2) of this section and
RCW 23B.01.240(3), a record accepted for filing is effective
on the date it is filed by the secretary of state and at the time
on that date specified in the record. If no time is specified
in the record, the record is effective at the close of business
on the date it is filed by the secretary of state.
(2) If a record specifies a delayed effective time and
date, the record becomes effective at the time and date
specified. If a record specifies a delayed effective date but
no time is specified, the record is effective at the close of
business on that date. A delayed effective date for a record
may not be later than the ninetieth day after the date it is
filed.
(3) When a record is received for filing by the secretary
of state in a form which complies with the requirements of
this title and which would entitle the record to be filed on
receipt, but the secretary of state’s approval action occurs
subsequent to the date of receipt, the secretary of state’s
filing date shall relate back to and be shown as the date on
which the secretary of state first received the record in
acceptable form. [2002 c 297 § 4; 1989 c 165 § 6.]
23B.01.240 Correcting filed records. (1) A domestic
or foreign corporation may correct a record filed by the
secretary of state if the record (a) contains an incorrect
statement; or (b) was defectively executed, attested, sealed,
verified, or acknowledged.
(2) A record is corrected:
(a) By preparing articles of correction that (i) describe
the record, including its filing date, or attach a copy of it to
the articles of correction, (ii) specify the incorrect statement
and the reason it is incorrect or the manner in which the
execution was defective, and (iii) correct the incorrect
statement or defective execution; and
(b) By delivering the articles of correction to the
secretary of state for filing.
(3) Articles of correction are effective on the effective
date of the record they correct except as to persons relying
on the uncorrected record and adversely affected by the
(2002 Ed.)
23B.01.220
correction. As to those persons, articles of correction are
effective when filed. [2002 c 297 § 5; 1989 c 165 § 7.]
23B.01.250 Filing duty of secretary of state. (1) If
a record delivered to the office of the secretary of state for
filing satisfies the requirements of RCW 23B.01.200, the
secretary of state shall file it.
(2)(a) The secretary of state files a record: (i) In the
case of a record in a tangible medium, by stamping or
otherwise endorsing "Filed," together with the secretary of
state’s name and official title and the date of filing, on both
the original and the record copy; and (ii) in the case of an
electronically transmitted record, by the electronic processes
as may be prescribed by the secretary of state from time to
time that result in the information required by (a)(i) of this
subsection being permanently attached to or associated with
such electronically transmitted record.
(b) After filing a record, the secretary of state shall
deliver a record of the filing to the domestic or foreign
corporation or its representative either: (i) In a written copy
of the filing; or (ii) if the corporation has designated an
address, location, or system to which the record may be
electronically transmitted and the secretary of state elects to
provide the record by electronic transmission, in an electronically transmitted record of the filing.
(3) If the secretary of state refuses to file a record, the
secretary of state shall return it to the domestic or foreign
corporation or its representative, together with a brief
explanation of the reason for the refusal. The explanation
shall be either: (a) In a written record or (b) if the corporation has designated an address, location, or system to
which the explanation may be electronically transmitted and
the secretary of state elects to provide the explanation by
electronic transmission, in an electronically transmitted
record.
(4) The secretary of state’s duty to file records under
this section is ministerial. Filing or refusal to file a record
does not:
(a) Affect the validity or invalidity of the record in
whole or part;
(b) Relate to the correctness or incorrectness of information contained in the record; or
(c) Create a presumption that the record is valid or
invalid or that information contained in the record is correct
or incorrect. [2002 c 297 § 6; 1989 c 165 § 8.]
23B.01.260 Judicial review of secretary of state’s
refusal to file a record. If the secretary of state refuses to
file a record received by the office for filing, the person
submitting the record, in addition to any other legal remedy
which may be available, shall have the right to judicial
review of such refusal pursuant to the provisions of chapter
34.05 RCW. [2002 c 297 § 7; 1989 c 165 § 9.]
23B.01.270 Evidentiary effect of copy of filed
record. A certificate bearing the manual or facsimile
signature of the secretary of state and the seal of the state,
when attached to or located on a record or a copy of a
record filed by the secretary of state, is conclusive evidence
that the original record is on file with the secretary of state.
[2002 c 297 § 8; 1989 c 165 § 10.]
[Title 23B RCW—page 3]
23B.01.280
Title 23B RCW: Washington Business Corporation Act
23B.01.280 Certificate of existence or authorization.
(1) Any person may apply to the secretary of state to furnish
a certificate of existence for a domestic corporation or a
certificate of authorization for a foreign corporation.
(2) A certificate of existence or authorization means that
as of the date of its issuance:
(a) The domestic corporation is duly incorporated under
the laws of this state, or that the foreign corporation is
authorized to transact business in this state;
(b) All fees and penalties owed to this state under this
title have been paid, if (i) payment is reflected in the records
of the secretary of state, and (ii) nonpayment affects the
existence or authorization of the domestic or foreign corporation;
(c) The corporation’s initial report or its most recent
annual report required by RCW 23B.16.220 has been
delivered to the secretary of state; and
(d) Articles of dissolution or an application for withdrawal have not been filed by the secretary of state.
(3) A person may apply to the secretary of state to issue
a certificate covering any fact of record.
(4) Subject to any qualification stated in the certificate,
a certificate of existence or authorization issued by the
secretary of state may be relied upon as conclusive evidence
that the domestic or foreign corporation is in existence or is
authorized to transact business in the corporate form in this
state. [1991 c 72 § 27; 1989 c 165 § 11.]
23B.01.290 Penalty for signing false document. Any
person who signs a document such person knows is false in
any material respect with intent that the document be
delivered to the secretary of state for filing is guilty of a
gross misdemeanor punishable under chapter 9A.20 RCW.
[1989 c 165 § 12.]
23B.01.300 Powers. The secretary of state has the
power reasonably necessary to perform the duties required of
the secretary of state by this title, including adoption,
amendment, or repeal of rules for the efficient administration
of this title. [1989 c 165 § 13.]
23B.01.400 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this title.
(1) "Articles of incorporation" include amended and
restated articles of incorporation and articles of merger.
(2) "Authorized shares" means the shares of all classes
a domestic or foreign corporation is authorized to issue.
(3) "Conspicuous" means so prepared that a reasonable
person against whom the record is to operate should have
noticed it. For example, printing in italics or boldface or
contrasting color, or typing in capitals or underlined, is
conspicuous.
(4) "Corporation" or "domestic corporation" means a
corporation for profit, which is not a foreign corporation,
incorporated under or subject to the provisions of this title.
(5) "Deliver" includes (a) mailing, (b) for purposes of
delivering a demand, consent, notice, or waiver to the
corporation or one of its officers, directors, or shareholders,
transmission by facsimile equipment, and (c) for purposes of
delivering a demand, consent, notice, or waiver to the
[Title 23B RCW—page 4]
corporation or one of its officers, directors, or shareholders
under RCW 23B.01.410 or chapter 23B.07, 23B.08, 23B.11,
23B.13, 23B.14, or 23B.16 RCW delivery by electronic
transmission.
(6) "Distribution" means a direct or indirect transfer of
money or other property, except its own shares, or
incurrence of indebtedness by a corporation to or for the
benefit of its shareholders in respect to any of its shares. A
distribution may be in the form of a declaration or payment
of a dividend; a distribution in partial or complete liquidation, or upon voluntary or involuntary dissolution; a purchase, redemption, or other acquisition of shares; a distribution of indebtedness; or otherwise.
(7) "Effective date of notice" has the meaning provided
in RCW 23B.01.410.
(8) "Electronic transmission" means an electronic
communication (a) not directly involving the physical
transfer of a record in a tangible medium and (b) that may
be retained, retrieved, and reviewed by the sender and the
recipient thereof, and that may be directly reproduced in a
tangible medium by such a sender and recipient.
(9) "Electronically transmitted" means the initiation of
an electronic transmission.
(10) "Employee" includes an officer but not a director.
A director may accept duties that make the director also an
employee.
(11) "Entity" includes a corporation and foreign corporation, not-for-profit corporation, business trust, estate, trust,
partnership, limited liability company, association, joint
venture, two or more persons having a joint or common
economic interest, the state, United States, and a foreign
governmental subdivision, agency, or instrumentality, or any
other legal or commercial entity.
(12) "Execute," "executes," or "executed" means (a)
signed with respect to a written record or (b) electronically
transmitted along with sufficient information to determine
the sender’s identity with respect to an electronic
transmission, or (c) with respect to a record to be filed with
the secretary of state, in compliance with the standards for
filing with the office of the secretary of state as prescribed
by the secretary of state.
(13) "Foreign corporation" means a corporation for
profit incorporated under a law other than the law of this
state.
(14) "Foreign limited partnership" means a partnership
formed under laws other than of this state and having as
partners one or more general partners and one or more
limited partners.
(15) "Governmental subdivision" includes authority,
county, district, and municipality.
(16) "Includes" denotes a partial definition.
(17) "Individual" includes the estate of an incompetent
or deceased individual.
(18) "Limited partnership" or "domestic limited partnership" means a partnership formed by two or more persons
under the laws of this state and having one or more general
partners and one or more limited partners.
(19) "Means" denotes an exhaustive definition.
(20) "Notice" has the meaning provided in RCW
23B.01.410.
(21) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
(2002 Ed.)
General Provisions
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(22) "Principal office" means the office, in or out of this
state, so designated in the annual report where the principal
executive offices of a domestic or foreign corporation are
located.
(23) "Proceeding" includes civil suit and criminal,
administrative, and investigatory action.
(24) "Public company" means a corporation that has a
class of shares registered with the federal securities and
exchange commission pursuant to section 12 or 15 of the
securities exchange act of 1934, or section 8 of the investment company act of 1940, or any successor statute.
(25) "Record" means information inscribed on a tangible
medium or contained in an electronic transmission.
(26) "Record date" means the date established under
chapter 23B.07 RCW on which a corporation determines the
identity of its shareholders and their shareholdings for
purposes of this title. The determinations shall be made as
of the close of business on the record date unless another
time for doing so is specified when the record date is fixed.
(27) "Secretary" means the corporate officer to whom
the board of directors has delegated responsibility under
RCW 23B.08.400(3) for custody of the minutes of the
meetings of the board of directors and of the shareholders
and for authenticating records of the corporation.
(28) "Shares" means the units into which the proprietary
interests in a corporation are divided.
(29) "Shareholder" means the person in whose name
shares are registered in the records of a corporation or the
beneficial owner of shares to the extent of the rights granted
by a nominee certificate on file with a corporation.
(30) "State," when referring to a part of the United
States, includes a state and commonwealth, and their
agencies and governmental subdivisions, and a territory and
insular possession, and their agencies and governmental
subdivisions, of the United States.
(31) "Subscriber" means a person who subscribes for
shares in a corporation, whether before or after incorporation.
(32) "Tangible medium" means a writing, copy of a
writing, or facsimile, or a physical reproduction, each on
paper or on other tangible material.
(33) "United States" includes a district, authority,
bureau, commission, department, and any other agency of
the United States.
(34) "Voting group" means all shares of one or more
classes or series that under the articles of incorporation or
this title are entitled to vote and be counted together collectively on a matter at a meeting of shareholders. All shares
entitled by the articles of incorporation or this title to vote
generally on the matter are for that purpose a single voting
group.
(35) "Writing" does not include an electronic transmission.
(36) "Written" means embodied in a tangible medium.
[2002 c 297 § 9; 2002 c 296 § 1; 2000 c 168 § 1; 1996 c
155 § 4; 1995 c 47 § 1. Prior: 1991 c 269 § 35; 1991 c 72
§ 28; 1989 c 165 § 14.]
Reviser’s note: This section was amended by 2002 c 296 § 1 and by
2002 c 297 § 9, each without reference to the other. Both amendments are
(2002 Ed.)
23B.01.400
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
23B.01.410 Notice. (1) Notice under this title must be
provided in the form of a record, except that oral notice of
any meeting of the board of directors may be given if
expressly authorized by the articles of incorporation or
bylaws.
(2) Permissible means of transmission.
(a) Oral notice. Oral notice may be communicated in
person, by telephone, wire, or wireless equipment which
does not transmit a facsimile of the notice, or by any
electronic means which does not create a record. If these
forms of oral notice are impracticable, oral notice may be
communicated by radio, television, or other form of public
broadcast communication.
(b) Notice provided in a tangible medium. Notice may
be provided in a tangible medium and be transmitted by
mail, private carrier, or personal delivery; telegraph or
teletype; or telephone, wire, or wireless equipment which
transmits a facsimile of the notice. If these forms of notice
in a tangible medium are impracticable, notice in a tangible
medium may be transmitted by an advertisement in a newspaper of general circulation in the area where published.
(c) Notice provided in an electronic transmission.
(i) Notice may be provided in an electronic transmission
and be electronically transmitted.
(ii) Notice to shareholders or directors in an electronic
transmission is effective only with respect to shareholders
and directors that have consented, in the form of a record, to
receive electronically transmitted notices under this title and
designated in the consent the address, location, or system to
which these notices may be electronically transmitted and
with respect to a notice that otherwise complies with any
other requirements of this title and applicable federal law.
(A) Notice to shareholders or directors for this purpose
includes material that this title requires or permits to accompany the notice.
(B) A shareholder or director who has consented to
receipt of electronically transmitted notices may revoke this
consent by delivering a revocation to the corporation in the
form of a record.
(C) The consent of any shareholder or director is
revoked if (I) the corporation is unable to electronically
transmit two consecutive notices given by the corporation in
accordance with the consent, and (II) this inability becomes
known to the secretary of the corporation, the transfer agent,
or any other person responsible for giving the notice. The
inadvertent failure by the corporation to treat this inability as
a revocation does not invalidate any meeting or other action.
(iii) Notice to shareholders or directors who have
consented to receipt of electronically transmitted notices may
be provided by (A) posting the notice on an electronic
network and (B) delivering to the shareholder or director a
separate record of the posting, together with comprehensible
instructions regarding how to obtain access to the posting on
the electronic network.
(iv) Notice to a domestic or foreign corporation,
authorized to transact business in this state, in an electronic
transmission is effective only with respect to a corporation
that has designated in a record an address, location, or
[Title 23B RCW—page 5]
23B.01.410
Title 23B RCW: Washington Business Corporation Act
system to which the notices may be electronically transmitted.
(3) Effective time and date of notice.
(a) Oral notice. Oral notice is effective when received.
(b) Notice provided in a tangible medium.
(i) Notice in a tangible medium, if in a comprehensible
form, is effective at the earliest of the following:
(A) If expressly authorized by the articles of incorporation or bylaws, and if notice is sent to the person’s address,
telephone number, or other number appearing on the records
of the corporation, when dispatched by telegraph, teletype,
or facsimile equipment;
(B) When received;
(C) Except as provided in (b)(ii) of this subsection, five
days after its deposit in the United States mail, as evidenced
by the postmark, if mailed with first-class postage, prepaid
and correctly addressed; or
(D) On the date shown on the return receipt, if sent by
registered or certified mail, return receipt requested, and the
receipt is signed by or on behalf of the addressee.
(ii) Notice in a tangible medium by a domestic or
foreign corporation to its shareholder, if in a comprehensible
form and correctly addressed to the shareholder’s address
shown in the corporation’s current record of shareholders, is
effective:
(A) When mailed, if mailed with first class postage
prepaid; and
(B) When dispatched, if prepaid, by air courier.
(iii) Notice in a tangible medium to a domestic or
foreign corporation, authorized to transact business in this
state, may be addressed to the corporation’s registered agent
at its registered office or to the corporation or its secretary
at its principal office shown in its most recent annual report,
or in the case of a foreign corporation that has not yet delivered its annual report in its application for a certificate of
authority.
(c) Notice provided in an electronic transmission.
Notice provided in an electronic transmission, if in comprehensible form, is effective when it: (i) Is electronically
transmitted to an address, location, or system designated by
the recipient for that purpose; or (ii) has been posted on an
electronic network and a separate record of the posting has
been delivered to the recipient together with comprehensible
instructions regarding how to obtain access to the posting on
the electronic network.
(4) If this title prescribes notice requirements for
particular circumstances, those requirements govern. If
articles of incorporation or bylaws prescribe notice requirements, not inconsistent with this section or other provisions
of this title, those requirements govern. [2002 c 297 § 10;
1991 c 72 § 29; 1990 c 178 § 2; 1989 c 165 § 15.]
by this title, and stating that if any domestic corporation
shall fail to pay its annual license fee or to file its annual
report it shall be dissolved and cease to exist. Failure of the
secretary of state to mail any such notice shall not relieve a
corporation from its obligations to pay the annual license
fees and to file the annual reports required by this title.
[1989 c 165 § 16.]
23B.01.510 Foreign corporations—Notice of due
date for payment of annual license fee and filing annual
report. Not less than thirty nor more than ninety days prior
to July 1st of each year or to the expiration date of any
staggered yearly license, the secretary of state shall mail to
each foreign corporation qualified to do business in this
state, by first-class mail addressed to its registered office
within this state, a notice that its annual license fee must be
paid and its annual report must be filed as required by this
title, and stating that if it shall fail to pay its annual license
fee or to file its annual report its certificate of authority to
transact business within this state may be revoked. Failure
of the secretary of state to mail any such notice shall not
relieve a corporation from its obligations to pay the annual
license fees and to obtain or file the annual reports required
by this title. [1990 c 178 § 3; 1989 c 165 § 17.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.520 Domestic corporations—Filing and
initial license fees. Every domestic corporation, except one
for which existing law provides a different fee schedule,
shall pay for filing of its articles of incorporation and its first
year’s license a fee of one hundred seventy-five dollars.
[1989 c 165 § 18.]
23B.01.530 Domestic corporations—Inactive
corporation defined—Annual license fee. For the privilege
of doing business, every corporation organized under the
laws of this state, except the corporations for which existing
law provides a different fee schedule, shall make and file a
statement in the form prescribed by the secretary of state and
shall pay an annual license fee each year following incorporation, on or before the expiration date of its corporate
license, to the secretary of state. The secretary of state shall
collect an annual license fee of ten dollars for each inactive
corporation and fifty dollars for other corporations. As used
in this section, "inactive corporation" means a corporation
that certifies at the time of filing under this section that it
did not engage in any business activities during the year
ending on the expiration date of its corporate license. [1993
c 269 § 3; 1989 c 165 § 19.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.500 Domestic corporations—Notice of due
date for payment of annual license fee and filing annual
report. Not less than thirty nor more than ninety days prior
to July 1st of each year or to the expiration date of any
staggered yearly license, the secretary of state shall mail to
each domestic corporation, at its registered office within the
state, by first-class mail, a notice that its annual license fee
must be paid and its annual report must be filed as required
[Title 23B RCW—page 6]
23B.01.540 Foreign corporations—Filing and license
fees on qualification. A foreign corporation doing an
intrastate business or seeking to do an intrastate business in
the state of Washington shall qualify so to do in the manner
prescribed in this title and shall pay for the privilege of so
doing the filing and license fees prescribed in this title for
domestic corporations, including the same fees as are
prescribed in RCW 23B.01.520, for the filing of articles of
incorporation of a domestic corporation. [1989 c 165 § 20.]
(2002 Ed.)
General Provisions
23B.01.550 Foreign corporations—Annual license
fees. All foreign corporations doing intrastate business, or
hereafter seeking to do intrastate business in this state shall
pay for the privilege of doing such intrastate business in this
state the same fees as are prescribed by RCW 23B.01.530
for domestic corporations for annual license fees. All
license fees shall be paid on or before the first day of July
of each and every year or on the annual license expiration
date as the secretary of state may establish under this title.
[1989 c 165 § 21.]
23B.01.560 License fees for reinstated corporation.
(1) A corporation seeking reinstatement shall pay the full
amount of all annual corporation license fees which would
have been assessed for the license years of the period of
administrative dissolution had the corporation been in active
status, plus a surcharge established by the secretary of state
by rule, and the license fee for the year of reinstatement.
(2) The penalties herein established shall be in lieu of
any other penalties or interest which could have been
assessed by the secretary of state under the corporation laws
or which, under those laws, would have accrued during any
period of delinquency, dissolution, or expiration of corporate
duration. [1993 c 269 § 4; 1989 c 165 § 22.]
Effective date—1993 c 269: See note following RCW 23.86.070.
23B.01.570 Penalty for nonpayment of annual
corporate license fees and failure to file a substantially
complete annual report—Payment of delinquent fees—
Rules. In the event any corporation, foreign or domestic,
fails to file a full and complete initial report under RCW
23B.02.050(4) and 23B.16.220(3) or does business in this
state without having paid its annual corporate license fee and
without having filed a substantially complete annual report
under RCW 23B.16.220(1) when either is due, there shall
become due and owing the state of Washington a penalty as
established by rule by the secretary.
A corporation organized under this title may at any time
prior to its dissolution as provided in RCW 23B.14.200, and
a foreign corporation qualified to do business in this state
may at any time prior to the revocation of its certificate of
authority as provided in RCW 23B.15.300, pay to the state
of Washington its current annual license fee, provided it also
pays an amount equal to all previously unpaid annual license
fees plus the penalty established by rule by the secretary.
[1994 c 287 § 6; 1991 c 72 § 30; 1989 c 165 § 23.]
23B.01.580 Waiver of penalty fees. The secretary of
state may, where exigent or mitigating circumstances are
presented, waive penalty fees due from any licensed corporation previously in good standing which would otherwise
be penalized or lose its active status. Any corporation
desiring to seek relief under this section shall, within fifteen
days of discovery by corporate officials of the missed filing
or lapse, notify the secretary of state in writing. The
notification shall include the name and mailing address of
the corporation, the corporate officer to whom correspondence should be sent, and a statement under oath by a
responsible corporate officer, setting forth the nature of the
missed filing or lapse, the circumstances giving rise to the
missed filing or lapse, and the relief sought. Upon receipt
(2002 Ed.)
23B.01.550
of the notice, the secretary of state shall investigate the
circumstances of the missed filing or lapse. If the secretary
of state is satisfied that sufficient exigent or mitigating
circumstances exist, that the corporation has demonstrated
good faith and a reasonable attempt to comply with the
applicable corporate license statutes of this state, the secretary of state may issue an order allowing relief from the
penalty. If the secretary of state determines the request does
not comply with the requirements for relief, the secretary of
state shall deny the relief and state the reasons for the denial.
Any denial of relief by the secretary of state is not reviewable notwithstanding the provisions of chapter 34.05 RCW.
[1990 c 178 § 4; 1989 c 165 § 24.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.01.590 Public service companies entitled to
deductions. The annual fee required to be paid to the
Washington utilities and transportation commission by any
public service corporation shall be deducted from the annual
license fee provided in this title and the excess only shall be
collected.
It shall be the duty of the commission to furnish to the
secretary of state on or before July 1st of each year a list of
all public service corporations with the amount of annual
license fees paid to the commission for the current year.
[1989 c 165 § 25.]
Chapter 23B.02
INCORPORATION
Sections
23B.02.010
23B.02.020
23B.02.030
23B.02.032
23B.02.040
23B.02.050
23B.02.060
23B.02.070
Incorporators.
Articles of incorporation.
Effect of filing.
Certificate of authority as insurance company—Filing of
records.
Liability for preincorporation transactions.
Organization of corporation.
Bylaws.
Emergency bylaws.
23B.02.010 Incorporators. One or more persons may
act as the incorporator or incorporators of a corporation by
delivering articles of incorporation to the secretary of state
for filing. [1989 c 165 § 26.]
23B.02.020 Articles of incorporation. (1) The
articles of incorporation must set forth:
(a) A corporate name for the corporation that satisfies
the requirements of RCW 23B.04.010;
(b) The number of shares the corporation is authorized
to issue in accordance with RCW 23B.06.010 and
23B.06.020;
(c) The street address of the corporation’s initial
registered office and the name of its initial registered agent
at that office in accordance with RCW 23B.05.010; and
(d) The name and address of each incorporator in
accordance with RCW 23B.02.010.
(2) The articles of incorporation or bylaws must either
specify the number of directors or specify the process by
which the number of directors will be fixed, unless the
[Title 23B RCW—page 7]
23B.02.020
Title 23B RCW: Washington Business Corporation Act
articles of incorporation dispense with a board of directors
pursuant to RCW 23B.08.010.
(3) Unless its articles of incorporation provide otherwise, a corporation is governed by the following provisions:
(a) The board of directors may adopt bylaws to be
effective only in an emergency as provided by RCW
23B.02.070;
(b) A corporation has the purpose of engaging in any
lawful business under RCW 23B.03.010;
(c) A corporation has perpetual existence and succession
in its corporate name under RCW 23B.03.020;
(d) A corporation has the same powers as an individual
to do all things necessary or convenient to carry out its
business and affairs, including itemized powers under RCW
23B.03.020;
(e) All shares are of one class and one series, have
unlimited voting rights, and are entitled to receive the net
assets of the corporation upon dissolution under RCW
23B.06.010 and 23B.06.020;
(f) If more than one class of shares is authorized, all
shares of a class must have preferences, limitations, and
relative rights identical to those of other shares of the same
class under RCW 23B.06.010;
(g) If the board of directors is authorized to designate
the number of shares in a series, the board may, after the
issuance of shares in that series, reduce the number of
authorized shares of that series under RCW 23B.06.020;
(h) The board of directors must authorize any issuance
of shares under RCW 23B.06.210;
(i) Shares may be issued pro rata and without consideration to shareholders under RCW 23B.06.230;
(j) Shares of one class or series may not be issued as a
share dividend with respect to another class or series, unless
there are no outstanding shares of the class or series to be
issued, or a majority of votes entitled to be cast by such
class or series approve as provided in RCW 23B.06.230;
(k) A corporation may issue rights, options, or warrants
for the purchase of shares of the corporation under RCW
23B.06.240;
(l) A shareholder has, and may waive, a preemptive
right to acquire the corporation’s unissued shares as provided
in RCW 23B.06.300;
(m) Shares of a corporation acquired by it may be
reissued under RCW 23B.06.310;
(n) The board may authorize and the corporation may
make distributions not prohibited by statute under RCW
23B.06.400;
(o) The preferential rights upon dissolution of certain
shareholders will be considered a liability for purposes of
determining the validity of a distribution under RCW
23B.06.400;
(p) Action may be taken by shareholders by unanimous
consent of all shareholders entitled to vote on the action,
unless the approval of a lesser number of shareholders is
permitted as provided in RCW 23B.07.040, which consent
shall be in the form of a record;
(q) Unless this title requires otherwise, the corporation
is required to give notice only to shareholders entitled to
vote at a meeting and the notice for an annual meeting need
not include the purpose for which the meeting is called
under RCW 23B.07.050;
[Title 23B RCW—page 8]
(r) A corporation that is a public company shall hold a
special meeting of shareholders if the holders of at least ten
percent of the votes entitled to be cast on any issue proposed
to be considered at the meeting demand a meeting under
RCW 23B.07.020;
(s) Subject to statutory exceptions, each outstanding
share, regardless of class, is entitled to one vote on each
matter voted on at a shareholders’ meeting under RCW
23B.07.210;
(t) A majority of the votes entitled to be cast on a
matter by a voting group constitutes a quorum, unless the
title provides otherwise under RCW 23B.07.250 and
23B.07.270;
(u) Action on a matter, other than election of directors,
by a voting group is approved if the votes cast within the
voting group favoring the action exceed the votes cast
opposing the action, unless this title requires a greater
number of affirmative votes under RCW 23B.07.250;
(v) All shares of one or more classes or series that are
entitled to vote will be counted together collectively on any
matter at a meeting of shareholders under RCW 23B.07.260;
(w) Directors are elected by cumulative voting under
RCW 23B.07.280;
(x) Directors are elected by a plurality of votes cast by
shares entitled to vote under RCW 23B.07.280;
(y) A corporation must have a board of directors under
RCW 23B.08.010;
(z) All corporate powers must be exercised by or under
the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors
under RCW 23B.08.010;
(aa) The shareholders may remove one or more directors
with or without cause under RCW 23B.08.080;
(bb) A vacancy on the board of directors may be filled
by the shareholders or the board of directors under RCW
23B.08.100;
(cc) A corporation shall indemnify a director who was
wholly successful in the defense of any proceeding to which
the director was a party because the director is or was a
director of the corporation against reasonable expenses
incurred by the director in connection with the proceeding
under RCW 23B.08.520;
(dd) A director of a corporation who is a party to a
proceeding may apply for indemnification of reasonable
expenses incurred by the director in connection with the
proceeding to the court conducting the proceeding or to
another court of competent jurisdiction under RCW
23B.08.540;
(ee) An officer of the corporation who is not a director
is entitled to mandatory indemnification under RCW
23B.08.520, and is entitled to apply for court-ordered
indemnification under RCW 23B.08.540, in each case to the
same extent as a director under RCW 23B.08.570;
(ff) The corporation may indemnify and advance
expenses to an officer, employee, or agent of the corporation
who is not a director to the same extent as to a director
under RCW 23B.08.570;
(gg) A corporation may indemnify and advance expenses to an officer, employee, or agent who is not a director to
the extent, consistent with law, that may be provided by its
articles of incorporation, bylaws, general or specific action
of its board of directors, or contract under RCW 23B.08.570;
(2002 Ed.)
Incorporation
(hh) A corporation’s board of directors may adopt
certain amendments to the corporation’s articles of incorporation without shareholder action under RCW 23B.10.020;
(ii) Unless this title or the board of directors requires a
greater vote or a vote by voting groups, an amendment to
the corporation’s articles of incorporation must be approved
by each voting group entitled to vote on the proposed
amendment by two-thirds, or, in the case of a public company, a majority, of all the votes entitled to be cast by that
voting group under RCW 23B.10.030;
(jj) A corporation’s board of directors may amend or
repeal the corporation’s bylaws unless this title reserves this
power exclusively to the shareholders in whole or in part, or
unless the shareholders in amending or repealing a bylaw
provide expressly that the board of directors may not amend
or repeal that bylaw under RCW 23B.10.200;
(kk) Unless this title or the board of directors require a
greater vote or a vote by voting groups, a plan of merger or
share exchange must be approved by each voting group
entitled to vote on the merger or share exchange by twothirds of all the votes entitled to be cast by that voting group
under RCW 23B.11.030;
(ll) Approval by the shareholders of the sale, lease, exchange, or other disposition of all, or substantially all, the
corporation’s property in the usual and regular course of
business is not required under RCW 23B.12.010;
(mm) Approval by the shareholders of the mortgage,
pledge, dedication to the repayment of indebtedness, or other
encumbrance of any or all of the corporation’s property,
whether or not in the usual and regular course of business,
is not required under RCW 23B.12.010;
(nn) Unless the board of directors requires a greater vote
or a vote by voting groups, a sale, lease, exchange, or other
disposition of all or substantially all of the corporation’s
property, other than in the usual and regular course of
business, must be approved by each voting group entitled to
vote on such transaction by two-thirds of all votes entitled to
be cast by that voting group under RCW 23B.12.020; and
(oo) Unless the board of directors requires a greater vote
or a vote by voting groups, a proposal to dissolve must be
approved by each voting group entitled to vote on the
dissolution by two-thirds of all votes entitled to be cast by
that voting group under RCW 23B.14.020.
(4) Unless its articles of incorporation or its bylaws
provide otherwise, a corporation is governed by the following provisions:
(a) The board of directors may authorize the issuance of
some or all of the shares of any or all of the corporation’s
classes or series without certificates under RCW 23B.06.260;
(b) A corporation that is not a public company shall
hold a special meeting of shareholders if the holders of at
least ten percent of the votes entitled to be cast on any issue
proposed to be considered at the meeting demand a meeting
under RCW 23B.07.020;
(c) A director need not be a resident of this state or a
shareholder of the corporation under RCW 23B.08.020;
(d) The board of directors may fix the compensation of
directors under RCW 23B.08.110;
(e) Members of the board of directors may participate
in a meeting of the board by any means of similar communication by which all directors participating can hear each
other during the meeting under RCW 23B.08.200;
(2002 Ed.)
23B.02.020
(f) Action permitted or required by this title to be taken
at a board of directors’ meeting may be taken without a
meeting if action is taken by all members of the board under
RCW 23B.08.210;
(g) Regular meetings of the board of directors may be
held without notice of the date, time, place, or purpose of
the meeting under RCW 23B.08.220;
(h) Special meetings of the board of directors must be
preceded by at least two days’ notice of the date, time, and
place of the meeting, and the notice need not describe the
purpose of the special meeting under RCW 23B.08.220;
(i) A quorum of a board of directors consists of a
majority of the number of directors under RCW 23B.08.240;
(j) If a quorum is present when a vote is taken, the
affirmative vote of a majority of directors present is the act
of the board of directors under RCW 23B.08.240;
(k) A board of directors may create one or more
committees and appoint members of the board of directors
to serve on them under RCW 23B.08.250; and
(l) Unless approved by the shareholders, a corporation
may indemnify, or make advances to, a director for reasonable expenses incurred in the defense of any proceeding to
which the director was a party because of being a director
only to the extent such action is consistent with RCW
23B.08.500 through 23B.08.580.
(5) The articles of incorporation may contain the
following provisions:
(a) The names and addresses of the individuals who are
to serve as initial directors;
(b) The par value of any authorized shares or classes of
shares;
(c) Provisions not inconsistent with law related to the
management of the business and the regulation of the affairs
of the corporation;
(d) Any provision that under this title is required or
permitted to be set forth in the bylaws;
(e) Provisions not inconsistent with law defining,
limiting, and regulating the powers of the corporation, its
board of directors, and shareholders;
(f) Provisions authorizing shareholder action to be taken
by consent of less than all of the shareholders entitled to
vote on the action, in accordance with RCW 23B.07.040;
(g) If the articles of incorporation authorize dividing
shares into classes, the election of all or a specified number
of directors may be effected by the holders of one or more
authorized classes of shares under RCW 23B.08.040;
(h) The terms of directors may be staggered under RCW
23B.08.060;
(i) Shares may be redeemable or convertible (i) at the
option of the corporation, the shareholder, or another person,
or upon the occurrence of a designated event; (ii) for cash,
indebtedness, securities, or other property; or (iii) in a
designated amount or in an amount determined in accordance
with a designated formula or by reference to extrinsic data
or events under RCW 23B.06.010; and
(j) A director’s personal liability to the corporation or its
shareholders for monetary damages for conduct as a director
may be eliminated or limited under RCW 23B.08.320.
(6) The articles of incorporation or the bylaws may
contain the following provisions:
(a) A restriction on the transfer or registration of transfer of the corporation’s shares under RCW 23B.06.270;
[Title 23B RCW—page 9]
23B.02.020
Title 23B RCW: Washington Business Corporation Act
(b) Shareholders may participate in a meeting of
shareholders by any means of communication by which all
persons participating in the meeting can hear each other
under RCW 23B.07.080;
(c) A quorum of the board of directors may consist of
as few as one-third of the number of directors under RCW
23B.08.240;
(d) If the corporation is registered as an investment
company under the investment company act of 1940, a
provision limiting the requirement to hold an annual meeting
of shareholders as provided in RCW 23B.07.010(2); and
(e) If the corporation is registered as an investment
company under the investment company act of 1940, a
provision establishing terms of directors which terms may be
longer than one year as provided in RCW 23B.05.050.
(7) The articles of incorporation need not set forth any
of the corporate powers enumerated in this title. [2002 c
297 § 11; 1997 c 19 § 1; 1996 c 155 § 5; 1994 c 256 § 27;
1989 c 165 § 27.]
(i) To elect directors and complete the organization of
the corporation; or
(ii) To elect a board of directors who shall complete the
organization of the corporation.
(2) Action required or permitted by this title to be taken
by incorporators at an organizational meeting may be taken
without a meeting if the action taken is evidenced by the
consent of each of the incorporators in the form of a record
describing the action taken and executed by each incorporator.
(3) An organizational meeting may be held in or out of
this state.
(4) A corporation’s initial report containing the information described in RCW 23B.16.220(1) must be delivered to
the secretary of state within one hundred twenty days of the
date on which the corporation’s articles of incorporation
were filed. [2002 c 297 § 13; 1991 c 72 § 31; 1989 c 165
§ 30.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.02.060 Bylaws. (1) The incorporators or board
of directors of a corporation shall adopt initial bylaws for the
corporation.
(2) The articles of incorporation or bylaws must either
specify the number of directors or specify the process by
which the number of directors will be fixed, unless the
articles of incorporation dispense with a board of directors
pursuant to RCW 23B.08.010;
(3) Unless its articles of incorporation or its bylaws
provide otherwise, a corporation is governed by the following provisions:
(a) The board of directors may authorize the issuance of
some or all of the shares of any or all of the corporation’s
classes or series without certificates under RCW 23B.06.260;
(b) A corporation that is not a public company shall
hold a special meeting of shareholders if the holders of at
least ten percent of the votes entitled to be cast on any issue
proposed to be considered at the meeting demand a meeting
under RCW 23B.07.020;
(c) A director need not be a resident of this state or a
shareholder of the corporation under RCW 23B.08.020;
(d) The board of directors may fix the compensation of
directors under RCW 23B.08.110;
(e) Members of the board of directors may participate
in a meeting of the board by means of a conference
telephone or similar communication equipment under RCW
23B.08.200;
(f) Action permitted or required by this title to be taken
at a board of directors’ meeting may be taken without a
meeting if action is taken by all members of the board under
RCW 23B.08.210;
(g) Regular meetings of the board of directors may be
held without notice of the date, time, place, or purpose of
the meeting under RCW 23B.08.220;
(h) Special meetings of the board of directors must be
preceded by at least two days’ notice of the date, time, and
place of the meeting, and the notice need not describe the
purpose of the special meeting under RCW 23B.08.220;
(i) A quorum of a board of directors consists of a
majority of the number of directors under RCW 23B.08.240;
23B.02.030 Effect of filing. (1) Unless a delayed
effective date is specified, the corporate existence begins
when the articles of incorporation are filed.
(2) The secretary of state’s filing of the articles of
incorporation is conclusive proof that the incorporators
satisfied all conditions precedent to the incorporation except
in a proceeding by the state to cancel or revoke the incorporation or involuntarily to dissolve the corporation.
[1989 c 165 § 28.]
23B.02.032 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 12; 1998 c 23 § 6.]
23B.02.040 Liability for preincorporation transactions. All persons purporting to act as or on behalf of a
corporation, knowing there was no incorporation under this
title, are jointly and severally liable for liabilities created
while so acting except for any liability to any person who
also knew that there was no incorporation. [1989 c 165 §
29.]
23B.02.050 Organization of corporation. (1) After
incorporation:
(a) If initial directors are named in the articles of
incorporation, the initial directors shall hold an organizational meeting, at the call of a majority of the directors, to
complete the organization of the corporation by appointing
officers, adopting bylaws, and carrying on any other business
brought before the meeting;
(b) If initial directors are not named in the articles, the
incorporator or incorporators shall hold an organizational
meeting at the call of a majority of the incorporators:
[Title 23B RCW—page 10]
(2002 Ed.)
Incorporation
(j) If a quorum is present when a vote is taken, the
affirmative vote of a majority of directors present is the act
of the board of directors under RCW 23B.08.240;
(k) A board of directors may create one or more
committees and appoint members of the board of directors
to serve on them under RCW 23B.08.250; and
(l) Unless approved by shareholders, a corporation may
indemnify, or make advances to, a director only for reasonable expenses incurred in the defense of any proceeding to
which the director was a party because of being a director to
the extent such action is consistent with RCW 23B.08.500
through 23B.08.580 under RCW 23B.08.590.
(4) The bylaws of a corporation may contain any
provision, not in conflict with law or the articles of incorporation, for managing the business and regulating the affairs
of the corporation, including but not limited to the following:
(a) A restriction on the transfer or registration of transfer of the corporation’s shares under RCW 23B.06.270;
(b) Shareholders may participate in a meeting of
shareholders by any means of communication by which all
persons participating in the meeting can hear each other
under RCW 23B.07.080; and
(c) A quorum of the board of directors may consist of
as few as one-third of the number of directors under RCW
23B.08.240. [1989 c 165 § 31.]
23B.02.070 Emergency bylaws. (1) Unless the
articles of incorporation provide otherwise, the board of
directors of a corporation may adopt bylaws to be effective
only in an emergency defined in subsection (4) of this
section. The emergency bylaws, which are subject to
amendment or repeal by the shareholders, may make all
provisions necessary for managing the corporation during
the emergency, including:
(a) Procedures for calling a meeting of the board of
directors;
(b) Quorum requirements for the meeting; and
(c) Designation of additional or substitute directors.
(2) All provisions of the regular bylaws consistent with
the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the
emergency ends.
(3) Corporate action taken in good faith in accordance
with the emergency bylaws:
(a) Binds the corporation; and
(b) May not be used to impose liability on a corporate
director, officer, employee, or agent.
(4) An emergency exists for purposes of this section if
a quorum of the corporation’s directors cannot readily be
assembled because of some catastrophic event. [1989 c 165
§ 32.]
Chapter 23B.03
POWERS AND PURPOSES
Sections
23B.03.010
23B.03.020
23B.03.030
23B.03.040
(2002 Ed.)
Purposes.
General powers.
Emergency powers.
Ultra vires.
23B.02.060
23B.03.010 Purposes. (1) Every corporation incorporated under this title has the purpose of engaging in any
lawful business unless a more limited purpose is set forth in
the articles of incorporation.
(2) Corporations organized for the purposes of banking
or engaging in business as an insurer shall not be organized
under this title. [1989 c 165 § 33.]
23B.03.020 General powers. (1) Unless its articles
of incorporation provide otherwise, every corporation has
perpetual duration and succession in its corporate name.
(2) Unless its articles of incorporation provide otherwise, every corporation has the same powers as an individual
to do all things necessary or convenient to carry out its
business and affairs, including without limitation, power:
(a) To sue and be sued, complain, and defend in its
corporate name;
(b) To have a corporate seal, which may be altered at
will, and to use it, or a facsimile of it, by impressing or
affixing it or in any other manner reproducing it;
(c) To make and amend bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for
managing the business and regulating the affairs of the
corporation;
(d) To purchase, receive, lease, or otherwise acquire,
and own, hold, improve, use, and otherwise deal with, real
or personal property, or any legal or equitable interest in
property, wherever located;
(e) To sell, convey, mortgage, pledge, lease, exchange,
and otherwise dispose of all or any part of its property;
(f) To purchase, receive, subscribe for, or otherwise acquire; own, hold, vote, use, sell, mortgage, lend, pledge, or
otherwise dispose of; and deal in and with shares or other
interests in, or obligations of, any person;
(g) To make contracts, incur liabilities, borrow money,
issue its notes, bonds, and other obligations, which may be
convertible into or include the option to purchase other
securities of the corporation, and secure any of its obligations by mortgage or pledge of any of its property, franchises, or income;
(h) To make guarantees respecting the contracts,
securities, or obligations of any person; including, but not
limited to, any shareholder, affiliated or unaffiliated individual, domestic or foreign corporation, partnership, association,
joint venture or trust, if such guarantee may reasonably be
expected to benefit, directly or indirectly, the guarantor
corporation. As to the enforceability of the guarantee, the
decision of the board of directors that the guarantee may be
reasonably expected to benefit, directly or indirectly, the
guarantor corporation shall be binding in respect to the issue
of benefit to the guarantor corporation;
(i) To lend money, invest and reinvest its funds, and
receive and hold real and personal property as security for
repayment;
(j) To be a promoter, partner, member, associate, or
manager of any partnership, joint venture, trust, or other
entity;
(k) To conduct its business, locate offices, and exercise
the powers granted by this title within or without this state;
[Title 23B RCW—page 11]
23B.03.020
Title 23B RCW: Washington Business Corporation Act
(l) To elect, appoint, or hire officers, employees, and
other agents of the corporation, define their duties, fix their
compensation, and lend them money and credit;
(m) To fix the compensation of directors, and lend them
money and credit;
(n) To pay pensions and establish pension plans, pension
trusts, profit sharing plans, share bonus plans, share option
plans, and benefit or incentive plans for any or all of its
current or former directors, officers, employees, and agents;
(o) To make donations for the public welfare or for
charitable, scientific, or educational purposes;
(p) To transact any lawful business that will aid governmental policy; and
(q) To make payments or donations, or do any other act,
not inconsistent with law, that furthers the business and
affairs of the corporation. [1989 c 165 § 34.]
(3) In a shareholder’s proceeding under subsection (2)(a)
of this section to enjoin an unauthorized corporate act, the
court may enjoin or set aside the act, and may award
damages for loss suffered by the corporation or another party
because of enjoining or setting aside the unauthorized act.
[1989 c 165 § 36.]
Chapter 23B.04
NAME
Sections
23B.04.010
23B.04.020
23B.04.030
23B.04.035
23B.04.037
23B.03.030 Emergency powers. (1) In anticipation
of or during an emergency defined in subsection (4) of this
section, the board of directors of a corporation may:
(a) Modify lines of succession to accommodate the
incapacity of any director, officer, employee, or agent; and
(b) Relocate the principal office, designate alternative
principal offices or regional offices, or authorize the officers
to do so.
(2) During an emergency defined in subsection (4) of
this section, unless emergency bylaws provide otherwise:
(a) Notice of a meeting of the board of directors need
be given only to those directors whom it is practicable to
reach and may be given in any practicable manner, including
by publication and radio; and
(b) One or more officers of the corporation present at a
meeting of the board of directors may be deemed to be
directors for the meeting in order of rank and within the
same rank in order of seniority, as necessary to achieve a
quorum.
(3) Corporate action taken in good faith during an
emergency under this section to further the business affairs
of the corporation:
(a) Binds the corporation; and
(b) May not be used to impose liability on a corporate
director, officer, employee, or agent.
(4) An emergency exists for purposes of this section if
a quorum of the corporation’s directors cannot readily be
assembled because of some catastrophic event. [1989 c 165
§ 35.]
23B.03.040 Ultra vires. (1) Except as provided in
subsection (2) of this section, corporate action may not be
challenged on the ground that the corporation lacks or lacked
power to act.
(2) A corporation’s power to act may be challenged:
(a) In a proceeding by a shareholder against the corporation to enjoin the act;
(b) In a proceeding by the corporation, directly,
derivatively, or through a receiver, trustee, or other legal
representative, against an incumbent or former director,
officer, employee, or agent of the corporation; or
(c) In a proceeding by the attorney general under RCW
23B.14.300.
[Title 23B RCW—page 12]
Corporate name.
Reserved name.
Registered name.
Certificate of authority as insurance company—Filing of
records.
Certificate of authority as insurance company—Registration
or reservation of name.
23B.04.010 Corporate name. (1) A corporate name:
(a) Must contain the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.";
(b) Must not contain language stating or implying that
the corporation is organized for a purpose other than those
permitted by RCW 23B.03.010 and its articles of incorporation;
(c) Must not contain any of the following words or
phrases:
"Bank," "banking," "banker," "trust," "cooperative," or
any combination of the words "industrial" and "loan," or any
combination of any two or more of the words "building,"
"savings," "loan," "home," "association," and "society," or
any other words or phrases prohibited by any statute of this
state; and
(d) Except as authorized by subsections (2) and (3) of
this section, must be distinguishable upon the records of the
secretary of state from:
(i) The corporate name of a corporation incorporated or
authorized to transact business in this state;
(ii) A corporate name reserved or registered under
chapter 23B.04 RCW;
(iii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
(iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(v) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter
25.10 RCW;
(vii) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(2) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in
(2002 Ed.)
Name
subsection (1) of this section. The secretary of state shall
authorize use of the name applied for if:
(a) The other corporation, company, holder, limited
liability partnership, or limited partnership consents to the
use in writing and files with the secretary of state documents
necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of
the secretary of state from the name of the applying corporation; or
(b) The applicant delivers to the secretary of state a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant’s right to use the name
applied for in this state.
(3) A corporation may use the name, including the
fictitious name, of another domestic or foreign corporation,
limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other
entity is formed or authorized to transact business in this
state, and the proposed user corporation:
(a) Has merged with the other corporation, limited
liability company, or limited partnership; or
(b) Has been formed by reorganization of the other
corporation.
(4) This title does not control the use of assumed
business names or "trade names."
(5) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name. [1998 c 102 § 1; 1994 c 211 § 1304. Prior:
1991 c 269 § 36; 1991 c 72 § 32; 1989 c 165 § 37.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
23B.04.020 Reserved name. (1) A person may
reserve the exclusive use of a corporate name, including a
fictitious name adopted pursuant to RCW 23B.15.060 for a
foreign corporation whose corporate name is not available,
by delivering an application to the secretary of state for
filing. The application must set forth the name and address
of the applicant and the name proposed to be reserved. If
the secretary of state finds that the corporate name applied
for is available, the secretary of state shall reserve the name
for the applicant’s exclusive use for a nonrenewable one
hundred eighty-day period.
(2) The owner of a reserved corporate name may
transfer the reservation to another person by delivering to the
secretary of state a signed notice of the transfer that states
the name and address of the transferee. [1989 c 165 § 38.]
23B.04.010
with any addition required by RCW 23B.15.060, if the name
is distinguishable upon the records of the secretary of state
from the names specified in RCW 23B.04.010(1).
(2) A foreign corporation registers its corporate name,
or its corporate name with any addition required by RCW
23B.15.060, by delivering to the secretary of state for filing
an application that:
(a) Sets forth its corporate name, or its corporate name
with any addition required by RCW 23B.15.060, and the
state or country and date of its incorporation; and
(b) Is accompanied by a certificate of existence, or a
document of similar import, from the state or country of
incorporation.
(3) The name is registered for the applicant’s exclusive
use upon the effective date of the application and until the
close of the calendar year in which the application for
registration is filed.
(4) A foreign corporation whose registration is effective
may renew it for successive years by delivering to the
secretary of state for filing a renewal application, which
complies with the requirements of subsection (2) of this
section, between October 1 and December 31 of the preceding year. The renewal application when filed renews the
registration for the following calendar year.
(5) A foreign corporation whose registration is effective
may thereafter qualify as a foreign corporation under the
registered name, or consent in writing to the use of that
name by a corporation thereafter incorporated under this
title, by a limited partnership thereafter formed under chapter
25.10 RCW, or by another foreign corporation or limited
partnership thereafter authorized to transact business in this
state. The registration terminates when the domestic
corporation is incorporated or the domestic limited partnership is formed, or the foreign corporation qualifies or
consents to the qualification of another foreign corporation
or limited partnership under the registered name. [1989 c
165 § 39.]
23B.04.035 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 14; 1998 c 23 § 7.]
23B.04.037 Certificate of authority as insurance
company—Registration or reservation of name. For those
corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the
registration or reservation shall be filed with the insurance
commissioner rather than the secretary of state. The
secretary of state and insurance commissioner shall cooperate
with each other in registering or reserving a corporate name
so that there is no duplication of the name. [1998 c 23 § 8.]
23B.04.030 Registered name. (1) A foreign corporation may register its corporate name, or its corporate name
(2002 Ed.)
[Title 23B RCW—page 13]
Chapter 23B.05
Title 23B RCW: Washington Business Corporation Act
Chapter 23B.05
OFFICE AND AGENT
Sections
23B.05.010
23B.05.020
23B.05.030
23B.05.040
23B.05.050
Registered office and registered agent.
Change of registered office or registered agent.
Resignation of registered agent.
Service on corporation.
Annual meeting of shareholders—Limitations—Terms of
directors.
23B.05.010 Registered office and registered agent.
(1) Each corporation must continuously maintain in this
state:
(a) A registered office that may be the same as any of
its places of business. The registered office shall be at a
specific geographic location in this state, and be identified by
number, if any, and street, or building address or rural route,
or, if a commonly known street or rural route address does
not exist, by legal description. A registered office may not
be identified by post office box number or other
nongeographic address. For purposes of communicating by
mail, the secretary of state may permit the use of a post
office address in conjunction with the registered office
address if the corporation also maintains on file the specific
geographic address of the registered office where personal
service of process may be made;
(b) A registered agent that may be:
(i) An individual residing in this state whose business
office is identical with the registered office;
(ii) A domestic corporation or not-for-profit domestic
corporation whose business office is identical with the
registered office;
(iii) A foreign corporation or not-for-profit foreign
corporation authorized to conduct affairs in this state whose
business office is identical with the registered office;
(iv) A domestic limited liability company whose
business office is identical with the registered office; or
(v) A foreign limited liability company authorized to
conduct affairs in this state whose business office is identical
with the registered office.
(2) A registered agent shall not be appointed without
having given prior consent in a record to the appointment.
The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent
shall be filed with or as a part of the record first appointing
a registered agent. In the event any individual, corporation,
or limited liability company has been appointed agent
without consent, that person, corporation, or limited liability
company may file a notarized statement attesting to that fact,
and the name shall immediately be removed from the records
of the secretary of state. [2002 c 297 § 15; 1989 c 165 §
40.]
23B.05.020 Change of registered office or registered
agent. (1) A corporation may change its registered office or
registered agent by delivering to the secretary of state for
filing a statement of change that sets forth:
(a) The name of the corporation;
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with
RCW 23B.05.010(1)(a);
[Title 23B RCW—page 14]
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent’s
consent in a record, either on the statement or attached to it
in a manner and form as the secretary of state may prescribe,
to the appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of
its registered agent will be identical.
(2) If a registered agent changes the street address of the
agent’s business office, the registered agent may change the
street address of the registered office of any corporation for
which the agent is the registered agent by notifying the
corporation of the change either (a) in a written record, or
(b) if the corporation has designated an address, location, or
system to which the notices may be electronically transmitted and the registered agent electronically transmits the
notice to the corporation at the designated address, location,
or system, in an electronically transmitted record and
delivering to the secretary of state for filing a statement that
complies with the requirements of subsection (1) of this
section and recites that the corporation has been notified of
the change. [2002 c 297 § 16; 1989 c 165 § 41.]
23B.05.030 Resignation of registered agent. (1) A
registered agent may resign as agent by signing and delivering to the secretary of state for filing a statement of resignation. The statement may include a statement that the registered office is also discontinued.
(2) After filing the statement the secretary of state shall
mail a copy of the statement to the corporation at its
principal office.
(3) The agency appointment is terminated, and the
registered office discontinued if so provided, on the 31st day
after the date on which the statement was filed. [1989 c 165
§ 42.]
23B.05.040 Service on corporation. (1) A
corporation’s registered agent is the corporation’s agent for
service of process, notice, or demand required or permitted
by law to be served on the corporation.
(2) The secretary of state shall be an agent of a corporation upon whom any such process, notice, or demand may be
served if:
(a) The corporation fails to appoint or maintain a
registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the corporation department of the secretary of state’s
office, the process, notice, or demand. In the event any such
process, notice, or demand is served on the secretary of
state, the secretary of state shall immediately cause a copy
thereof to be forwarded by certified mail, addressed to the
secretary of the corporation at the corporation’s principal
office as shown on the records of the secretary of state. Any
service so had on the secretary of state shall be returnable in
not less than thirty days.
(4) The secretary of state shall keep a record of all
processes, notices, and demands served upon the secretary of
(2002 Ed.)
Office and Agent
state under this section, and shall record therein the time of
such service and the secretary of state’s action with reference
thereto.
(5) This section does not limit or affect the right to
serve any process, notice, or demand required or permitted
by law to be served upon a corporation in any other manner
now or hereafter permitted by law. [1989 c 165 § 43.]
23B.05.050 Annual meeting of shareholders—
Limitations—Terms of directors. A corporation registered
under the investment company act of 1940 that limits the requirement to hold an annual meeting of shareholders in
accordance with RCW 23B.07.010(2) may include in its
articles of incorporation or bylaws a provision establishing
terms of directors which terms may be longer than one year.
[1994 c 256 § 31.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
Chapter 23B.06
SHARES AND DISTRIBUTIONS
Sections
23B.06.010
23B.06.020
23B.06.030
23B.06.040
23B.06.200
23B.06.210
23B.06.220
23B.06.230
23B.06.240
23B.06.250
23B.06.260
23B.06.270
23B.06.280
23B.06.300
23B.06.310
23B.06.400
Authorized shares.
Terms of class or series.
Issued and outstanding shares.
Fractional shares.
Subscription for shares before incorporation.
Issuance of shares.
Liability of shareholders.
Share dividends.
Share options.
Certificates.
Shares without certificates.
Restriction on transfer of shares and other securities.
Expense of issue.
Shareholders’ preemptive rights.
Corporation’s acquisition of its own shares.
Distributions to shareholders.
23B.06.010 Authorized shares. (1) The articles of
incorporation must prescribe the classes of shares and the
number of shares of each class that the corporation is
authorized to issue.
(a) If more than one class of shares is authorized, the
articles of incorporation must prescribe a distinguishing
designation for each class, and, prior to the issuance of
shares of a class, the preferences, limitations, voting powers,
and relative rights of that class must be described in the
articles of incorporation.
(b) Preferences, limitations, voting powers, or relative
rights of or on any class or series of shares or the holders
thereof may be made dependent upon facts ascertainable
outside the articles of incorporation, if the manner in which
such facts shall operate on the preferences, limitations, voting powers, or relative rights of such class or series of shares
or the holders thereof is set forth in the articles of incorporation. "Facts ascertainable outside the articles of incorporation" includes, but is not limited to, the existence of any
condition or the occurrence of any event, including, without
limitation, a determination or action by any person or body,
including the corporation, its board of directors, or an
officer, employee, or agent of the corporation.
(2002 Ed.)
23B.05.040
(c) All shares of a class must have preferences, limitations, voting powers, and relative rights identical with those
of other shares of the same class except to the extent
otherwise permitted by (b) of this subsection or RCW
23B.06.020.
(2) The articles of incorporation must authorize (a) one
or more classes of shares that together have unlimited voting
rights, and (b) one or more classes of shares, which may be
the same class or classes as those with voting rights, that
together are entitled to receive the net assets of the corporation upon dissolution.
(3) The articles of incorporation may authorize one or
more classes of shares that:
(a) Have special, conditional, or limited voting rights, or
no right to vote, except to the extent prohibited by this title;
(b) Are redeemable or convertible as specified in the
articles of incorporation (i) at the option of the corporation,
the shareholder, or another person or upon the occurrence of
a designated event, (ii) for cash, indebtedness, securities, or
other property, (iii) in a designated amount or in an amount
determined in accordance with a designated formula or by
reference to extrinsic data or events;
(c) Entitle the holders to distributions calculated in any
manner, including dividends that may be cumulative,
noncumulative, or partially cumulative; or
(d) Have preference over any other class of shares with
respect to distributions, including dividends and distributions
upon the dissolution of the corporation.
(4) The description of the designations, preferences,
limitations, and relative rights of share classes in subsection
(3) of this section is not exhaustive. [1998 c 104 § 1; 1989
c 165 § 44.]
23B.06.020 Terms of class or series. (1) If the
articles of incorporation so provide, the board of directors
may determine, in whole or part, the preferences, limitations,
voting powers, and relative rights, within the limits set forth
in RCW 23B.06.010(1)(b) and this section of (a) any class
of shares before the issuance of any shares of that class, or
(b) one or more series within a class, and designate the
number of shares within that series, before the issuance of
any shares of that series.
(2) Each series of a class must be given a distinguishing
designation.
(3) All shares of a series must have preferences,
limitations, voting powers, and relative rights identical with
those of other shares of the same series, except to the extent
otherwise permitted by RCW 23B.06.010(1)(b). All shares
of a series must have preferences, limitations, voting powers,
and relative rights identical with those of shares of other series of the same class, except to the extent otherwise
provided in the description of the series.
(4) Before issuing any shares of a class or series created
under this section, the corporation must deliver to the
secretary of state for filing articles of amendment, which are
effective without shareholder action, that set forth:
(a) The name of the corporation;
(b) The text of the amendment determining the terms of
the class or series of shares;
(c) The date it was adopted; and
[Title 23B RCW—page 15]
23B.06.020
Title 23B RCW: Washington Business Corporation Act
(d) The statement that the amendment was duly adopted
by the board of directors.
(5) Unless the articles of incorporation provide otherwise, the board of directors may, after the issuance of shares
of a series whose number it is authorized to designate,
amend the resolution establishing the series to decrease, but
not below the number of shares of such series then outstanding, the number of authorized shares of that series, by
filing articles of amendment, which are effective without
shareholder action, in the manner provided in subsection (4)
of this section. [1998 c 104 § 2; 1989 c 165 § 45.]
23B.06.030 Issued and outstanding shares. (1) A
corporation may issue the number of shares of each class or
series authorized by the articles of incorporation. Shares that
are issued are outstanding shares until they are reacquired,
redeemed, converted, or canceled.
(2) The reacquisition, redemption, or conversion of
outstanding shares is subject to the limitations of subsection
(4) of this section and to RCW 23B.06.400.
(3) Redeemable shares are deemed to have been
redeemed and not entitled to vote after notice of redemption
is delivered to the holders in compliance with RCW
23B.01.410 and a sum sufficient to redeem the shares has
been deposited with a bank, trust company, or other financial
institution under an irrevocable obligation to pay the holders
the redemption price on surrender of the shares.
(4) At all times that shares of the corporation are
outstanding, one or more shares that together have unlimited
voting rights and one or more shares that together are
entitled to receive the net assets of the corporation upon
dissolution must be outstanding. [2002 c 297 § 17; 1989 c
165 § 46.]
23B.06.040 Fractional shares. (1) A corporation
may:
(a) Issue fractions of a share or pay in money the value
of fractions of a share;
(b) Arrange for disposition of fractional shares by the
shareholders;
(c) Issue scrip in registered or bearer form entitling the
holder to receive a full share upon surrendering enough scrip
to equal a full share.
(2) Each certificate representing scrip must be conspicuously labeled "scrip" and must contain the information
required by RCW 23B.06.250(2).
(3) The holder of a fractional share is entitled to
exercise the rights of a shareholder, including the right to
vote, to receive dividends, and to participate in the assets of
the corporation upon liquidation. The holder of scrip is not
entitled to any of these rights unless the scrip provides for
them.
(4) The board of directors may authorize the issuance of
scrip subject to any condition considered desirable, including:
(a) That the scrip will become void if not exchanged for
full shares before a specified date; and
(b) That the shares for which the scrip is exchangeable
may be sold and the proceeds paid to the scripholders.
[1989 c 165 § 47.]
[Title 23B RCW—page 16]
23B.06.200 Subscription for shares before incorporation. (1) A written subscription for shares entered into
before incorporation is irrevocable for six months unless the
subscription agreement provides a longer or shorter period or
all the subscribers agree to revocation.
(2) The board of directors may determine the payment
terms of subscriptions for shares that were entered into
before incorporation, unless the subscription agreement
specifies them. A call for payment by the board of directors
must be uniform so far as practicable as to all shares of the
same class or series, unless the subscription agreement
specifies otherwise.
(3) Shares issued pursuant to subscriptions entered into
before incorporation are fully paid and nonassessable when
the corporation receives the consideration specified in the
subscription agreement.
(4) If a subscriber defaults in payment of money or
property under a subscription agreement entered into before
incorporation, the corporation may collect the amount owed
as any other debt. Alternatively, unless the subscription
agreement provides otherwise, the corporation may rescind
the agreement and may sell the shares if the debt remains
unpaid more than twenty days after the corporation sends
written demand for payment to the subscriber.
(5) A subscription agreement entered into after incorporation is a contract between the subscriber and the corporation subject to RCW 23B.06.210. [1989 c 165 § 48.]
23B.06.210 Issuance of shares. (1) The powers
granted in this section to the board of directors may be
reserved to the shareholders by the articles of incorporation.
(2) Any issuance of shares must be authorized by the
board of directors. Shares may be issued for consideration
consisting of any tangible or intangible property or benefit
to the corporation, including cash, promissory notes, services
performed, contracts for services to be performed, or other
securities of the corporation.
(3) A good faith determination by the board of directors
that the consideration received or to be received for the
shares to be issued is adequate is conclusive insofar as the
adequacy of consideration relates to whether the shares are
validly issued, fully paid and nonassessable. When the
board of directors has made such a determination and the
corporation has received the consideration, the shares issued
therefor are fully paid and nonassessable.
(4) The corporation may place in escrow shares issued
for a contract for future services or benefits or a promissory
note, or make other arrangements to restrict the transfer of
the shares, and may credit distributions in respect to the
shares against their purchase price, until the services are performed, the benefits are received, or the note is paid. If the
services are not performed, the benefits are not received, or
the note is not paid, the shares escrowed or restricted and the
distributions credited may be canceled in whole or part.
(5) Where it cannot be determined that outstanding
shares are fully paid and nonassessable, there shall be a
conclusive presumption that such shares are fully paid and
nonassessable if the board of directors makes a good faith
determination that there is no substantial evidence that the
full consideration for such shares has not been paid. [1989
c 165 § 49.]
(2002 Ed.)
Shares and Distributions
23B.06.220 Liability of shareholders. A purchaser
from a corporation of its own shares is not liable to the
corporation or its creditors with respect to the shares except
to pay the consideration for which the shares were authorized to be issued under RCW 23B.06.210 or specified in the
subscription agreement under RCW 23B.06.200. [1989 c
165 § 50.]
23B.06.230 Share dividends. (1) Unless the articles
of incorporation provide otherwise, shares may be issued pro
rata and without consideration to the corporation’s shareholders or to the shareholders of one or more classes or series.
An issuance of shares under this subsection is a share
dividend.
(2) Shares of one class or series may not be issued as
a share dividend in respect to shares of another class or
series unless (a) the articles of incorporation so authorize, (b)
a majority of the votes entitled to be cast by the class or
series to be issued approve the issue, or (c) there are no
outstanding shares of the class or series to be issued. [1989
c 165 § 51.]
23B.06.240 Share options. (1) Unless the articles of
incorporation provide otherwise, a corporation may issue
rights, options, or warrants for the purchase of shares of the
corporation. The board of directors shall determine the
terms upon which the rights, options, or warrants are issued,
their form and content, and the terms and conditions relating
to their exercise, including the time or times, the conditions
precedent, and the consideration for which and the holders
by whom the rights, options, or warrants may be exercised.
(2) The terms of rights, options, or warrants, including
the time or times, the conditions precedent, and the consideration for which and the holders by whom the rights, options,
or warrants may be exercised, as well as their duration (a)
may preclude or limit the exercise, transfer, or receipt of
such rights, options, or warrants or invalidate or void any
rights, options, or warrants and (b) may be made dependent
upon facts ascertainable outside the documents evidencing
them or outside the resolution or resolutions adopted by the
board of directors creating such rights, options, or warrants
if the manner in which those facts operate on the rights,
options, or warrants or the holders thereof is clearly set forth
in the documents or the resolutions. "Facts ascertainable
outside the documents evidencing them or outside the
resolution or resolutions adopted by the board of directors
creating such rights, options, or warrants" includes, but is not
limited to, the existence of any condition or the occurrence
of any event, including, without limitation, a determination
or action by any person or body, including the corporation,
its board of directors, or an officer, employee, or agent of
the corporation. [1998 c 104 § 3; 1989 c 165 § 52.]
23B.06.250 Certificates. (1) Shares may but need not
be represented by certificates. Unless this title or another
statute expressly provides otherwise, the rights and obligations of shareholders are identical whether or not their shares
are represented by certificates.
(2) At a minimum each share certificate must state on
its face:
(2002 Ed.)
23B.06.220
(a) The name of the issuing corporation and that it is
organized under the laws of this state;
(b) The name of the person to whom issued; and
(c) The number and class of shares and the designation
of the series, if any, the certificate represents.
(3) If the issuing corporation is authorized to issue
different classes of shares or different series within a class,
the designations, relative rights, preferences, and limitations
applicable to each class and the variations in rights, preferences, and limitations determined for each series, and the
authority of the board of directors to determine variations for
future series, must be summarized on the front or back of
each certificate. Alternatively, each certificate may state
conspicuously on its front or back that the corporation will
furnish the shareholder this information without charge on
request in writing.
(4) Each share certificate (a) must be signed, either
manually or in facsimile, by two officers designated in the
bylaws or by the board of directors and (b) may bear the
corporate seal or its facsimile.
(5) If the person who signed, either manually or in
facsimile, a share certificate no longer holds office when the
certificate is issued, the certificate is nevertheless valid.
[1989 c 165 § 53.]
23B.06.260 Shares without certificates. (1) Unless
the articles of incorporation or bylaws provide otherwise, the
board of directors of a corporation may authorize the issue
of some or all of the shares of any or all of its classes or
series without certificates. The authorization does not affect
shares already represented by certificates until they are
surrendered to the corporation.
(2) Within a reasonable time after the issue or transfer
of shares without certificates, the corporation shall send the
shareholder a record containing the information required on
certificates by RCW 23B.06.250 (2) and (3), and, if applicable, RCW 23B.06.270. [2002 c 297 § 18; 1989 c 165 § 54.]
23B.06.270 Restriction on transfer of shares and
other securities. (1) The articles of incorporation, bylaws,
an agreement among shareholders, or an agreement between
shareholders and the corporation may impose restrictions on
the transfer or registration of transfer of shares of the
corporation. A restriction does not affect shares issued
before the restriction was adopted unless the holders of the
shares are parties to the restriction agreement or voted in
favor of the restriction.
(2) A restriction on the transfer or registration of transfer of shares is valid and enforceable against the holder or a
transferee of the holder if the restriction is authorized by this
section and its existence is noted conspicuously on the front
or back of the certificate or is contained in the information
statement required by RCW 23B.06.260(2). Unless so noted,
a restriction is not enforceable against a person without
knowledge of the restriction.
(3) A restriction on the transfer or registration of transfer of shares is authorized:
(a) To maintain the corporation’s status when it is
dependent on the number or identity of its shareholders;
(b) To preserve exemptions under federal or state
securities law; or
[Title 23B RCW—page 17]
23B.06.270
Title 23B RCW: Washington Business Corporation Act
(c) For any other reasonable purpose.
(4) A restriction on the transfer or registration of transfer of shares may:
(a) Obligate the shareholder first to offer the corporation
or other persons, separately, consecutively, or simultaneously, an opportunity to acquire the restricted shares;
(b) Obligate the corporation or other persons, separately,
consecutively, or simultaneously, to acquire the restricted
shares;
(c) Require the corporation, the holders of any class of
its shares, or another person to approve the transfer of the
restricted shares, if the requirement is not manifestly
unreasonable; or
(d) Prohibit the transfer of the restricted shares to
designated persons or classes of persons, if the prohibition
is not manifestly unreasonable.
(5) For purposes of this section, "shares" includes a
security convertible into or carrying a right to subscribe for
or acquire shares. [1989 c 165 § 55.]
23B.06.280 Expense of issue. A corporation may pay
the expenses of selling or underwriting its shares, and of
organizing or reorganizing the corporation, from the consideration received for shares. [1989 c 165 § 56.]
23B.06.300 Shareholders’ preemptive rights. (1)
Unless the articles of incorporation provide otherwise, and
subject to the limitations in subsections (3) and (4) of this
section, the shareholders of a corporation have a preemptive
right, granted on uniform terms and conditions prescribed by
the board of directors to provide a fair and reasonable
opportunity to exercise the right, to acquire proportional
amounts of the corporation’s unissued shares upon the
decision of the board of directors to issue them.
(2) Unless the articles of incorporation provide otherwise, a shareholder may waive the shareholder’s preemptive
right. A waiver evidenced by an executed record is irrevocable even though it is not supported by consideration.
(3) Unless the articles of incorporation provide otherwise, there is no preemptive right with respect to:
(a) Shares issued as compensation to directors, officers,
agents, or employees of the corporation, or its subsidiaries or
affiliates;
(b) Shares issued to satisfy conversion or option rights
created to provide compensation to directors, officers, agents,
or employees of the corporation, or its subsidiaries or
affiliates;
(c) Shares issued pursuant to the corporation’s initial
plan of financing; and
(d) Shares sold otherwise than for money.
(4) Unless the articles of incorporation provide otherwise:
(a) Holders of shares of any class without general voting
rights but with preferential rights to distributions or assets
have no preemptive rights with respect to shares of any
class; and
(b) Holders of shares of any class with general voting
rights but without preferential rights to distributions or assets
have no preemptive rights with respect to shares of any class
with preferential rights to distributions or assets unless the
shares with preferential rights are convertible into or carry a
[Title 23B RCW—page 18]
right to subscribe for or acquire shares without preferential
rights.
(5) Unless the articles of incorporation provide otherwise, shares subject to preemptive rights that are not
acquired by shareholders may be issued to any person for a
period of one year after being offered to shareholders at a
consideration set by the board of directors that is not lower
than the consideration set for the exercise of preemptive
rights. An offer at a lower consideration or after the
expiration of one year is subject to the shareholders’ preemptive rights.
(6) For purposes of this section, "shares" includes a
security convertible into or carrying a right to subscribe for
or acquire shares. [2002 c 297 § 19; 1989 c 165 § 57.]
23B.06.310 Corporation’s acquisition of its own
shares. (1) A corporation may acquire its own shares and
shares so acquired constitute authorized but unissued shares.
(2) If the articles of incorporation prohibit the reissue of
acquired shares, the number of authorized shares is reduced
by the number of shares acquired, effective upon amendment
of the articles of incorporation.
(3) The board of directors may adopt articles of amendment under this section without shareholder action and
deliver them to the secretary of state for filing. The articles
must set forth:
(a) The name of the corporation;
(b) The reduction in the number of authorized shares,
itemized by class and series; and
(c) The total number of authorized shares, itemized by
class and series, remaining after reduction of the shares.
[1989 c 165 § 58.]
23B.06.400 Distributions to shareholders. (1) A
board of directors may authorize and the corporation may
make distributions to its shareholders subject to restriction by
the articles of incorporation and the limitation in subsection
(2) of this section.
(2) No distribution may be made if, after giving it
effect:
(a) The corporation would not be able to pay its debts
as they become due in the usual course of business; or
(b) The corporation’s total assets would be less than the
sum of its total liabilities plus, unless the articles of incorporation permit otherwise, the amount that would be needed, if
the corporation were to be dissolved at the time of the
distribution, to satisfy the preferential rights upon dissolution
of shareholders whose preferential rights are superior to
those receiving the distribution.
(3) For purposes of determinations under subsection (2)
of this section:
(a) The board of directors may base a determination that
a distribution is not prohibited under subsection (2) of this
section either on financial statements prepared on the basis
of accounting practices and principles that are reasonable in
the circumstances or on a fair valuation or other method that
is reasonable in the circumstances; and
(b) Indebtedness of a corporation, including indebtedness issued as a distribution, is not considered a liability if
its terms provide that payment of principal and interest are
(2002 Ed.)
Shares and Distributions
made only if and to the extent that payment of a distribution
to shareholders could then be made under this section.
(4) The effect of a distribution under subsection (2) of
this section is measured:
(a) In the case of a distribution of indebtedness, the
terms of which provide that payment of principal and interest
are made only if and to the extent that payment of a distribution to shareholders could then be made under this section,
each payment of principal or interest is treated as a distribution, the effect of which is measured on the date the payment is actually made; or
(b) In the case of any other distribution:
(i) If the distribution is by purchase, redemption, or
other acquisition of the corporation’s shares, the effect of the
distribution is measured as of the earlier of the date any
money or other property is transferred or debt incurred by
the corporation, or the date the shareholder ceases to be a
shareholder with respect to the acquired shares;
(ii) If the distribution is of indebtedness other than that
described in subsection (4) (a) and (b)(i) of this section, the
effect of the distribution is measured as of the date the
indebtedness is distributed; and
(iii) In all other cases, the effect of the distribution is
measured as of the date the distribution is authorized if
payment occurs within one hundred twenty days after the
date of authorization, or the date the payment is made if it
occurs more than one hundred twenty days after the date of
authorization.
(5) A corporation’s indebtedness to a shareholder
incurred by reason of a distribution made in accordance with
this section is at parity with the corporation’s indebtedness
to its general, unsecured creditors except to the extent
provided otherwise by agreement.
(6) In circumstances to which this section and related
sections of this title are applicable, such provisions supersede
the applicability of any other statutes of this state with
respect to the legality of distributions. [1990 c 178 § 10;
1989 c 165 § 59.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
Chapter 23B.07
SHAREHOLDERS
Sections
23B.07.010
23B.07.020
23B.07.030
23B.07.040
23B.07.050
23B.07.060
23B.07.070
23B.07.080
23B.07.200
23B.07.210
23B.07.220
23B.07.230
23B.07.240
23B.07.250
23B.07.260
23B.07.270
23B.07.280
23B.07.300
23B.07.310
(2002 Ed.)
Annual meeting.
Special meeting.
Court-ordered meeting.
Action without meeting.
Notice of meeting.
Waiver of notice.
Record date.
Shareholder participation by means of communication equipment.
Shareholders’ list for meeting.
Voting entitlement of shares.
Proxies.
Shares held by nominees.
Corporation’s acceptance of votes.
Quorum and voting requirements.
Action by single and multiple voting groups.
Greater or lesser quorum or voting requirements.
Voting for directors—Cumulative voting.
Voting trusts.
Voting agreements.
23B.06.400
23B.07.320 Agreements among shareholders—Acquisition of shares
after agreement.
23B.07.400 Derivative proceedings procedure.
23B.07.010 Annual meeting. (1) Except as provided
in subsections (2) and (5) of this section, a corporation shall
hold a meeting of shareholders annually for the election of
directors at a time stated in or fixed in accordance with the
bylaws.
(2)(a) If the articles of incorporation or the bylaws of a
corporation registered as an investment company under the
investment company act of 1940 so provide, the corporation
is not required to hold an annual meeting of shareholders in
any year in which the election of directors is not required by
the investment company act of 1940.
(b) If a corporation is required under (a) of this subsection to hold an annual meeting of shareholders to elect
directors, the meeting shall be held no later than one hundred
twenty days after the occurrence of the event requiring the
meeting.
(3) Annual shareholders’ meetings may be held in or out
of this state at the place stated in or fixed in accordance with
the bylaws. If no place is stated in or fixed in accordance
with the bylaws, annual meetings shall be held at the
corporation’s principal office.
(4) The failure to hold an annual meeting at the time
stated in or fixed in accordance with a corporation’s bylaws
does not affect the validity of any corporate action.
(5) Shareholders may act by consent set forth in a
record to elect directors as permitted by RCW 23B.07.040 in
lieu of holding an annual meeting. [2002 c 297 § 20; 1994
c 256 § 28; 1989 c 165 § 60.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.07.020 Special meeting. (1) A corporation shall
hold a special meeting of shareholders:
(a) On call of its board of directors or the person or
persons authorized to do so by the articles of incorporation
or bylaws; or
(b) Except as set forth in subsections (2) and (3) of this
section, if the holders of at least ten percent of all the votes
entitled to be cast on any issue proposed to be considered at
the proposed special meeting deliver to the corporation’s
secretary one or more demands set forth in an executed and
dated record for the meeting describing the purpose or
purposes for which it is to be held, which demands shall be
set forth either (i) in an executed record or (ii) if the
corporation has designated an address, location, or system to
which the demands may be electronically transmitted and the
demands are electronically transmitted to that designated
address, location, or system, in an executed electronically
transmitted record.
(2) The right of shareholders of a public company to
call a special meeting may be limited or denied to the extent
provided in the articles of incorporation.
(3) If the corporation is other than a public company,
the articles or bylaws may require the demand specified in
subsection (1)(b) of this section be made by a greater
percentage, not in excess of twenty-five percent, of all the
votes entitled to be cast on any issue proposed to be considered at the proposed special meeting.
[Title 23B RCW—page 19]
23B.07.020
Title 23B RCW: Washington Business Corporation Act
(4) If not otherwise fixed under RCW 23B.07.030 or
23B.07.070, the record date for determining shareholders
entitled to demand a special meeting is the date of delivery
of the first shareholder demand in compliance with subsection (1) of this section.
(5) Special shareholders’ meetings may be held in or out
of this state at the place stated in or fixed in accordance with
the bylaws. If no place is stated or fixed in accordance with
the bylaws, special meetings shall be held at the
corporation’s principal office.
(6) Only business within the purpose or purposes
described in the meeting notice required by RCW
23B.07.050(3) may be conducted at a special shareholders’
meeting. [2002 c 297 § 21; 1989 c 165 § 61.]
23B.07.030 Court-ordered meeting. (1) The superior
court of the county in which the corporation’s registered
office is located may, after notice to the corporation,
summarily order a meeting to be held:
(a) On application of any shareholder of the corporation
entitled to vote in the election of directors at an annual
meeting, if an annual meeting was not held within the earlier
of six months after the end of the corporation’s fiscal year
or fifteen months after its last annual meeting or action by
consent in lieu of such a meeting; or
(b) On application of a shareholder who executed a
demand for a special meeting valid under RCW 23B.07.020,
if:
(i) Notice of the special meeting was not given within
thirty days after the date the demand was delivered to the
corporation’s secretary; or
(ii) The special meeting was not held in accordance with
the notice.
(2) The court may, after notice to the corporation, fix
the time and place of the meeting, determine the shares and
shareholders entitled to participate in the meeting, specify a
record date for determining shareholders entitled to notice of
and to vote at the meeting, prescribe the manner, form, and
content of the meeting notice, fix the quorum required for
specific matters to be considered at the meeting, or direct
that the votes represented at the meeting constitute a quorum
for action on those matters, and enter other orders necessary
to accomplish the purpose or purposes of the meeting.
[2002 c 297 § 22; 1989 c 165 § 62.]
23B.07.040 Action without meeting. (1)(a) Action
required or permitted by this title to be taken at a
shareholders’ meeting may be taken without a meeting or a
vote if either:
(i) The action is taken by all shareholders entitled to
vote on the action; or
(ii) The action is taken by shareholders holding of
record or otherwise entitled to vote in the aggregate not less
than the minimum number of votes that would be necessary
to authorize or take such action at a meeting at which all
shares entitled to vote on the action were present and voted,
and at the time the action is taken the corporation is not a
public company and is authorized to take such action under
this subsection (1)(a)(ii) by a general or limited authorization
contained in its articles of incorporation.
[Title 23B RCW—page 20]
(b) The taking of action by shareholders without a
meeting or vote must be evidenced by one or more consents,
each in the form of a record describing the action taken,
executed by shareholders holding of record or otherwise
entitled to vote in the aggregate not less than the minimum
number of votes necessary in order to take such action by
consent under (a)(i) or (ii) of this subsection, and delivered
to the corporation for inclusion in the minutes or filing with
the corporate records, which consent shall be set forth either
(i) in an executed record or (ii) if the corporation has
designated an address, location, or system to which the
consent may be electronically transmitted and the consent is
electronically transmitted to the designated address, location,
or system, in an executed electronically transmitted record.
(2) If not otherwise fixed under RCW 23B.07.030 or
23B.07.070, the record date for determining shareholders
entitled to take action without a meeting is the date on which
the first shareholder consent is executed under subsection (1)
of this section. Every consent shall bear the date of execution of each shareholder who executes the consent. A
consent is not effective to take the action referred to in the
consent unless, within sixty days of the earliest dated consent
delivered to the corporation, consents executed by a sufficient number of shareholders to take action are delivered to
the corporation.
(3) A shareholder may withdraw consent only by
delivering a notice of withdrawal in the form of a record to
the corporation prior to the time when consents sufficient to
authorize taking the action have been delivered to the
corporation.
(4) Unless the shareholder consent specifies a later
effective date, action taken under this section is effective
when: (a) Consents sufficient to authorize taking the action
have been delivered to the corporation; and (b) the period of
advance notice required by the corporation’s articles of
incorporation to be given to any nonconsenting shareholders
has been satisfied.
(5) A consent executed under this section has the effect
of a meeting vote and may be described as such in any
record, except that, if the action requires the filing of a
certificate under any other section of this title, the certificate
so filed shall state, in lieu of any statement required by that
section concerning any vote of shareholders, that consent has
been obtained in accordance with this section and that notice
to any nonconsenting shareholders has been given as
provided in this section.
(6) Notice of the taking of action by shareholders
without a meeting by less than unanimous consent of all
shareholders entitled to vote on the action shall be given,
before the date on which the action becomes effective, to
those shareholders entitled to vote on the action who have
not consented and, if this title would otherwise require that
notice of a meeting of shareholders to consider the action be
given to nonvoting shareholders, to all nonvoting shareholders of the corporation. The general or limited authorization
in the corporation’s articles of incorporation authorizing
shareholder action by less than unanimous consent shall
specify the amount and form of notice required to be given
to nonconsenting shareholders before the effective date of
the action. In the case of action of a type that would
constitute a significant business transaction under RCW
23B.19.020(15), the notice shall be given no fewer than
(2002 Ed.)
Shareholders
twenty days before the effective date of the action. The
notice shall be in the form of a record and shall contain or
be accompanied by the same material that, under this title,
would have been required to be delivered to nonconsenting
or nonvoting shareholders in a notice of meeting at which
the proposed action would have been submitted for shareholder action. If the action taken is of a type that would
entitle shareholders to exercise dissenters’ rights under RCW
23B.13.020(1), then the notice must comply with RCW
23B.13.220(2), RCW 23B.13.210 shall not apply, and all
shareholders who have not executed the consent taking the
action are entitled to receive the notice, demand payment
under RCW 23B.13.230, and assert other dissenters’ rights
as prescribed in chapter 23B.13 RCW. [2002 c 297 § 23;
1997 c 19 § 2; 1991 c 72 § 33; 1989 c 165 § 63.]
23B.07.050 Notice of meeting. (1) A corporation
shall notify shareholders of the date, time, and place of each
annual and special shareholders’ meeting. Such notice shall
be given no fewer than ten nor more than sixty days before
the meeting date, except that notice of a shareholders’
meeting to act on an amendment to the articles of incorporation, a plan of merger or share exchange, a proposed sale of
assets pursuant to RCW 23B.12.020, or the dissolution of the
corporation shall be given no fewer than twenty nor more
than sixty days before the meeting date. Unless this title or
the articles of incorporation require otherwise, the corporation is required to give notice only to shareholders entitled
to vote at the meeting.
(2) Unless this title or the articles of incorporation
require otherwise, notice of an annual meeting need not
include a description of the purpose or purposes for which
the meeting is called.
(3) Notice of a special meeting must include a description of the purpose or purposes for which the meeting is
called.
(4) Unless the bylaws require otherwise, if an annual or
special shareholders’ meeting is adjourned to a different
date, time, or place, notice need not be given of the new
date, time, or place if the new date, time, or place is announced at the meeting before adjournment. If a new record
date for the adjourned meeting is or must be fixed under
RCW 23B.07.070, however, notice of the adjourned meeting
must be given under this section to persons who are shareholders as of the new record date. [1989 c 165 § 64.]
23B.07.060 Waiver of notice. (1) A shareholder may
waive any notice required by this title, the articles of
incorporation, or bylaws before or after the date and time of
the meeting that is the subject of such notice, or in the case
of notice required by RCW 23B.07.040(6), before or after
the action to be taken by executed consent is effective.
Except as provided by subsections (2) and (3) of this section,
the waiver must be delivered by the shareholder entitled to
notice to the corporation for inclusion in the minutes or
filing with the corporate records, which waiver shall be set
forth either (a) in an executed and dated record or (b) if the
corporation has designated an address, location, or system to
which the waiver may be electronically transmitted and the
waiver is electronically transmitted to the designated address,
(2002 Ed.)
23B.07.040
location, or system, in an executed and dated electronically
transmitted record.
(2) A shareholder’s attendance at a meeting waives
objection to lack of notice or defective notice of the meeting,
unless the shareholder at the beginning of the meeting
objects to holding the meeting or transacting business at the
meeting.
(3) A shareholder waives objection to consideration of
a particular matter at a meeting that is not within the purpose
or purposes described in the meeting notice, unless the
shareholder objects to considering the matter when it is
presented. [2002 c 297 § 24; 1991 c 72 § 34; 1989 c 165 §
65.]
23B.07.070 Record date. (1) The bylaws may fix or
provide the manner of fixing the record date for one or more
voting groups in order to determine the shareholders entitled
to notice of a shareholders’ meeting, to demand a special
meeting, to vote, or to take any other action. If the bylaws
do not fix or provide for fixing a record date, the board of
directors of the corporation may fix a future date as the
record date.
(2) If not otherwise fixed under subsection (1) of this
section or RCW 23B.07.030, the record date for determining
shareholders entitled to notice of and to vote at an annual or
special shareholders’ meeting is the day before the first
notice is delivered to shareholders.
(3) If the board of directors does not fix the record date
for determining shareholders entitled to a share dividend, it
is the date the board of directors authorizes the share
dividend.
(4) If the board of directors does not fix the record date
for determining shareholders entitled to a distribution, other
than one involving a purchase, redemption, or other acquisition of the corporation’s shares, it is the date the board of
directors authorizes the distribution.
(5) A record date fixed under this section may not be
more than seventy days before the meeting or action requiring a determination of shareholders.
(6) A determination of shareholders entitled to notice of
or to vote at a shareholders’ meeting is effective for any
adjournment of the meeting unless the board of directors
fixes a new record date, which it must do if the meeting is
adjourned to a date more than one hundred twenty days after
the date fixed for the original meeting.
(7) If a court orders a meeting adjourned to a date more
than one hundred twenty days after the date fixed for the
original meeting, it may provide that the original record date
continues in effect or it may fix a new record date. [1989
c 165 § 66.]
23B.07.080 Shareholder participation by means of
communication equipment. If the articles of incorporation
or bylaws so provide, shareholders may participate in any
meeting of shareholders by any means of communication by
which all persons participating in the meeting can hear each
other during the meeting. A shareholder participating in a
meeting by this means is deemed to be present in person at
the meeting. [1989 c 165 § 67.]
[Title 23B RCW—page 21]
23B.07.200
Title 23B RCW: Washington Business Corporation Act
23B.07.200 Shareholders’ list for meeting. (1) After
fixing a record date for a meeting, a corporation shall
prepare an alphabetical list of the names of all its shareholders on the record date who are entitled to notice of a
shareholders’ meeting. The list must be arranged by voting
group, and within each voting group by class or series of
shares, and show the address of and number of shares held
by each shareholder.
(2) The shareholders’ list must be available for inspection by any shareholder, beginning ten days prior to the
meeting and continuing through the meeting, at the
corporation’s principal office or at a place identified in the
meeting notice in the city where the meeting will be held.
A shareholder, the shareholder’s agent, or the shareholder’s
attorney is entitled to inspect the list, during regular business
hours and at the shareholder’s expense, during the period it
is available for inspection.
(3) The corporation shall make the shareholders’ list
available at the meeting, and any shareholder, the
shareholder’s agent, or the shareholder’s attorney is entitled
to inspect the list at any time during the meeting or any
adjournment.
(4) If the corporation refuses to allow a shareholder, the
shareholder’s agent, or the shareholder’s attorney to inspect
the shareholders’ list before or at the meeting, the superior
court of the county where a corporation’s principal office, or,
if none in this state, its registered office, is located, on
application of the shareholder, may summarily order the
inspection at the corporation’s expense and may postpone the
meeting for which the list was prepared until the inspection
is complete.
(5) A shareholder’s right to copy the shareholders’ list,
and a shareholder’s right to otherwise inspect and copy the
record of shareholders, is governed by RCW 23B.16.020(3).
(6) Refusal or failure to prepare or make available the
shareholders’ list does not affect the validity of action taken
at the meeting. [1989 c 165 § 68.]
23B.07.210 Voting entitlement of shares. (1) Except
as provided in subsections (2) and (3) of this section or
unless the articles of incorporation provide otherwise, each
outstanding share, regardless of class, is entitled to one vote
on each matter voted on at a shareholders’ meeting. Only
shares are entitled to vote.
(2) The shares of a corporation are not entitled to vote
if they are owned, directly or indirectly, by a second
corporation, domestic or foreign, and the first corporation
owns, directly or indirectly, a majority of the shares entitled
to vote for directors of the second corporation.
(3) Subsection (2) of this section does not limit the
power of a corporation to vote any shares, including its own
shares, held by it in a fiduciary capacity. [1989 c 165 § 69.]
23B.07.220 Proxies. (1) A shareholder may vote the
shareholder’s shares in person or by proxy.
(2) A shareholder or the shareholder’s agent or attorneyin-fact may appoint a proxy to vote or otherwise act for the
shareholder by:
(a) Executing a writing authorizing another person or
persons to act for the shareholder as proxy. Execution may
be accomplished by the shareholder or the shareholder’s
[Title 23B RCW—page 22]
authorized officer, director, employee, or agent signing the
writing or causing his or her signature to be affixed to the
writing by any reasonable means including, but not limited
to, by facsimile signature; or
(b) Authorizing another person or persons to act for the
shareholder as proxy by transmitting or authorizing the
transmission of a recorded telephone call, voice mail, or
other electronic transmission to the person who will be the
holder of the proxy or to a proxy solicitation firm, proxy
support service organization, or like agent duly authorized by
the person who will be the holder of the proxy to receive the
transmission, provided that the transmission must either set
forth or be submitted with information, including any
security or validation controls used, from which it can
reasonably be determined that the transmission was authorized by the shareholder. If it is determined that the transmission is valid, the inspectors of election or, if there are no
inspectors, any officer or agent of the corporation making
that determination on behalf of the corporation shall specify
the information upon which they relied. The corporation
shall require the holders of proxies received by transmission
to provide to the corporation copies of the transmission and
the corporation shall retain copies of the transmission for a
reasonable period of time after the election provided that
they are retained for at least sixty days.
(3) An appointment of a proxy is effective when a
signed appointment form or telegram, cablegram, recorded
telephone call, voice mail, or other transmission of the
appointment is received by the inspectors of election or the
officer or agent of the corporation authorized to tabulate
votes. An appointment is valid for eleven months unless a
longer period is expressly provided in the appointment.
(4) An appointment of a proxy is revocable by the
shareholder unless the appointment indicates that it is
irrevocable and the appointment is coupled with an interest.
Appointments coupled with an interest include the appointment of:
(a) A pledgee;
(b) A person who purchased or agreed to purchase the
shares;
(c) A creditor of the corporation who extended it credit
under terms requiring the appointment;
(d) An employee of the corporation whose employment
contract requires the appointment; or
(e) A party to a voting agreement created under RCW
23B.07.310.
(5) The death or incapacity of the shareholder appointing a proxy does not affect the right of the corporation to
accept the proxy’s authority unless notice of the death or
incapacity is received by the officer or agent of the corporation authorized to tabulate votes before the proxy exercises
the proxy’s authority under the appointment.
(6) An appointment made irrevocable under subsection
(4) of this section is revoked when the interest with which
it is coupled is extinguished.
(7) A transferee for value of shares subject to an
irrevocable appointment may revoke the appointment if the
transferee did not know of its existence when the transferee
acquired the shares and the existence of the irrevocable appointment was not noted conspicuously on the certificate
representing the shares or on the information statement for
shares without certificates.
(2002 Ed.)
Shareholders
(8) Subject to RCW 23B.07.240 and to any express
limitation on the proxy’s authority stated in the appointment
form or recorded telephone call, voice mail, or other electronic transmission, a corporation is entitled to accept the
proxy’s vote or other action as that of the shareholder
making the appointment.
(9) For the purposes of this section only, "sign" or
"signature" includes any manual, facsimile, conformed, or
electronic signature. [2002 c 297 § 25; 2000 c 168 § 2;
1989 c 165 § 70.]
23B.07.230 Shares held by nominees. (1) A corporation may establish a procedure by which the beneficial
owner of shares that are registered in the name of a nominee
is recognized by the corporation as the shareholder. The
extent of this recognition may be determined in the procedure.
(2) The procedure may set forth:
(a) The types of nominees to which it applies;
(b) The rights or privileges that the corporation recognizes in a beneficial owner;
(c) The manner in which the procedure is selected by
the nominee;
(d) The information that must be provided when the
procedure is selected;
(e) The period for which selection of the procedure is
effective; and
(f) Other aspects of the rights and duties created. [1989
c 165 § 71.]
23B.07.240 Corporation’s acceptance of votes. (1)
If the name executed on a vote, consent, waiver, or proxy
appointment corresponds to the name of a shareholder, the
corporation, if acting in good faith, is entitled to accept the
vote, consent, waiver, or proxy appointment and give it
effect as the act of the shareholder.
(2) If the name executed on a vote, consent, waiver, or
proxy appointment does not correspond to the name of its
shareholder, the corporation, if acting in good faith, is
nevertheless entitled to accept the vote, consent, waiver, or
proxy appointment and give it effect as the act of the
shareholder if:
(a) The shareholder is an entity and the name executed
purports to be that of an officer, partner, or agent of the
entity;
(b) The name executed purports to be that of an
administrator, executor, guardian, or conservator representing
the shareholder and, if the corporation requests, evidence of
fiduciary status acceptable to the corporation has been
presented with respect to the vote, consent, waiver, or proxy
appointment;
(c) The name executed purports to be that of a receiver
or trustee in bankruptcy of the shareholder and, if the
corporation requests, evidence of this status acceptable to the
corporation has been presented with respect to the vote,
consent, waiver, or proxy appointment;
(d) The name executed purports to be that of a pledgee,
beneficial owner, or attorney-in-fact of the shareholder and,
if the corporation requests, evidence acceptable to the
corporation of the signatory’s authority to sign for the share-
(2002 Ed.)
23B.07.220
holder has been presented with respect to the vote, consent,
waiver, or proxy appointment; or
(e) Two or more persons are the shareholder as
cotenants or fiduciaries and the name executed purports to be
the name of at least one of the coowners and the person
signing appears to be acting on behalf of all the coowners.
(3) The corporation is entitled to reject a vote, consent,
waiver, or proxy appointment if the secretary or other officer
or agent authorized to tabulate votes, acting in good faith,
has reasonable basis for doubt about the validity of its
execution.
(4) The corporation and its officer or agent who accepts
or rejects a vote, consent, waiver, or proxy appointment in
good faith and in accordance with the standards of this
section or RCW 23B.07.220(2) are not liable in damages to
the shareholder for the consequences of the acceptance or
rejection.
(5) Corporate action based on the acceptance or rejection of a vote, consent, waiver, or proxy appointment under
this section, or RCW 23B.07.220(2) is valid unless a court
of competent jurisdiction determines otherwise. [2002 c 297
§ 26; 2000 c 168 § 3; 1989 c 165 § 72.]
23B.07.250 Quorum and voting requirements. (1)
Shares entitled to vote as a separate voting group may take
action on a matter at a meeting only if a quorum of those
shares exists with respect to that matter. Unless the articles
of incorporation or this title provide otherwise, a majority of
the votes entitled to be cast on the matter by the voting
group constitutes a quorum of that voting group for action
on that matter.
(2) Once a share is represented for any purpose at a
meeting other than solely to object to holding the meeting or
transacting business at the meeting, it is deemed present for
quorum purposes for the remainder of the meeting and for
any adjournment of that meeting unless a new record date is
or must be set for that adjourned meeting.
(3) If a quorum exists, action on a matter, other than the
election of directors, is approved by a voting group if the
votes cast within the voting group favoring the action exceed
the votes cast within the voting group opposing the action,
unless the articles of incorporation or this title require a
greater number of affirmative votes.
(4) An amendment of articles of incorporation adding,
changing, or deleting either (i) a quorum for a voting group
greater or lesser than specified in subsection (1) of this
section, or (ii) a voting requirement for a voting group
greater than specified in subsection (3) of this section, is
governed by RCW 23B.07.270.
(5) The election of directors is governed by RCW
23B.07.280. [1989 c 165 § 73.]
23B.07.260 Action by single and multiple voting
groups. (1) If the articles of incorporation or this title
provide for voting by a single voting group on a matter,
action on that matter is taken when voted upon by that
voting group as provided in RCW 23B.07.250.
(2) If the articles of incorporation or this title provide
for voting by two or more voting groups on a matter, action
on that matter is taken only when voted upon by each of
those voting groups counted separately as provided in RCW
[Title 23B RCW—page 23]
23B.07.260
Title 23B RCW: Washington Business Corporation Act
23B.07.250. Action may be taken by one voting group on
a matter even though no action is taken by another voting
group entitled to vote on the matter. [1989 c 165 § 74.]
23B.07.270 Greater or lesser quorum or voting
requirements. (1) The articles of incorporation may provide
for a greater or lesser quorum, but not less than one-third of
the votes entitled to be cast, for shareholders, or voting
groups of shareholders, than is provided for by this title.
(2) The articles of incorporation may provide for a
greater voting requirement for shareholders, or voting groups
of shareholders, than is provided for by this title.
(3) Under RCW 23B.10.030, 23B.11.030, 23B.12.020,
and 23B.14.020, the articles of incorporation may provide
for a lesser vote than is otherwise prescribed in those
sections or for a lesser vote by separate voting groups, so
long as the vote provided for each voting group entitled to
vote separately on the plan or transaction is not less than a
majority of all the votes entitled to be cast on the plan or
transaction by that voting group.
(4) Except as provided in subsection (5) of this section,
an amendment to the articles of incorporation that adds,
changes, or deletes a greater or lesser quorum or voting
requirement for a particular corporate action must meet the
same quorum requirement and be adopted by the same vote
and voting groups required to take action under the quorum
and voting requirements then in effect for the corporate
action.
(5) An amendment to the articles of incorporation that
adds, changes, or deletes a greater or lesser quorum or
voting requirement for a merger, share exchange, sale of
substantially all assets, or dissolution must be adopted by the
same vote and voting groups required to take action under
the quorum and voting requirements then in effect for the
particular corporate action, or the quorum and voting
requirements then in effect for amendments to articles of incorporation, whichever is greater. [1990 c 178 § 11; 1989
c 165 § 75.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.07.280 Voting for directors—Cumulative
voting. (1) Unless otherwise provided in the articles of
incorporation, shareholders entitled to vote at any election of
directors are entitled to cumulate votes by multiplying the
number of votes they are entitled to cast by the number of
directors for whom they are entitled to vote and to cast the
product for a single candidate or distribute the product
among two or more candidates.
(2) Unless otherwise provided in the articles of incorporation, in any election of directors the candidates elected are
those receiving the largest numbers of votes cast by the
shares entitled to vote in the election, up to the number of
directors to be elected by such shares. [1989 c 165 § 76.]
23B.07.300 Voting trusts. (1) One or more shareholders may create a voting trust, conferring on a trustee the
right to vote or otherwise act for them, by signing an
agreement setting out the provisions of the trust, which may
include anything consistent with its purpose, and transferring
their shares to the trustee. When a voting trust agreement is
signed, the trustee shall prepare a list of the names and
[Title 23B RCW—page 24]
addresses of all owners of beneficial interests in the trust,
together with the number and class of shares each owner of
a beneficial interest transferred to the trust, and deliver
copies of the list and agreement to the corporation’s principal office.
(2) A voting trust becomes effective on the date the first
shares subject to the trust are registered in the trustee’s
name. A voting trust is valid for not more than ten years
after its effective date unless extended under subsection (3)
of this section.
(3) All or some of the parties to a voting trust may
extend it for additional terms of not more than ten years
each by signing an extension agreement and obtaining the
voting trustee’s written consent to the extension. An
extension is valid only until the earlier of ten years from the
date the first shareholder signs the extension agreement or
the date of expiration of the extension. The voting trustee
must deliver copies of the extension agreement and list of
beneficial owners to the corporation’s principal office. An
extension agreement binds only those parties signing it.
[1989 c 165 § 77.]
23B.07.310 Voting agreements. (1) Two or more
shareholders may provide for the manner in which they will
vote their shares by signing an agreement for that purpose.
A voting agreement created under this section is not subject
to the provisions of RCW 23B.07.300.
(2) A voting agreement created under this section is
specifically enforceable. [1989 c 165 § 78.]
23B.07.320 Agreements among shareholders—
Acquisition of shares after agreement. (1) An agreement
among the shareholders of a corporation that is not contrary
to public policy and that complies with this section is
effective among the shareholders and the corporation even
though it is inconsistent with one or more other provisions
of this title in that it:
(a) Eliminates the board of directors or restricts the
discretion or powers of the board of directors;
(b) Governs the authorization or making of distributions
whether or not in proportion to ownership of shares, subject
to the limitations in RCW 23B.06.400;
(c) Establishes who shall be directors or officers of the
corporation, or their terms of office or manner of selection
or removal;
(d) Governs, in general or in regard to specific matters,
the exercise or division of voting power by or between the
shareholders and directors or by or among any of them,
including use of weighted voting rights or director proxies;
(e) Establishes the terms and conditions of any agreement for the transfer or use of property or the provision of
services between the corporation and any shareholder,
director, officer, or employee of the corporation or among
any of them;
(f) Transfers to one or more shareholders or other
persons all or part of the authority to exercise the corporate
powers or to manage the business and affairs of the corporation;
(g) Provides a process by which a deadlock among
directors or shareholders may be resolved;
(2002 Ed.)
Shareholders
(h) Requires dissolution of the corporation at the request
of one or more shareholders or upon the occurrence of a
specified event or contingency; or
(i) Otherwise governs the exercise of the corporate
powers or the management of the business and affairs of the
corporation or the relationship among the shareholders, the
directors, and the corporation, or among any of them.
(2) An agreement authorized by this section shall be:
(a) Set forth in a written agreement that is signed by all
persons who are shareholders at the time of the agreement
and is made known to the corporation;
(b) Subject to amendment only by all persons who are
shareholders at the time of the amendment, unless the
agreement provides otherwise; and
(c) Valid for ten years, unless the agreement provides
otherwise.
(3) The existence of an agreement authorized by this
section shall be noted conspicuously on the front or back of
each certificate for outstanding shares or on the information
statement required by RCW 23B.06.260(2). If at the time of
the agreement the corporation has shares outstanding
represented by certificates, the corporation shall recall the
outstanding certificates and issue substitute certificates that
comply with this subsection. The failure to note the existence of the agreement on the certificate or information
statement shall not affect the validity of the agreement or
any action taken pursuant to it. Unless the agreement
provides otherwise, any person who acquires outstanding or
newly issued shares in the corporation after an agreement
authorized by this section has been effected, whether by
purchase, gift, operation of law, or otherwise, is deemed to
have assented to the agreement and to be a party to the
agreement. A purchaser of shares who is aggrieved because
he or she at the time of purchase did not have actual or
constructive knowledge of the existence of the agreement
may either: (a) Bring an action to rescind the purchase
within the earlier of ninety days after discovery of the
existence of the agreement or two years after the purchase of
the shares; or (b) continue to hold the shares subject to the
agreement but with a right of action for any damages
resulting from nondisclosure of the existence of the agreement. A purchaser shall be deemed to have constructive
knowledge of the existence of the agreement if its existence
is noted on the certificate or information statement for the
shares in compliance with this subsection and, if the shares
are not represented by a certificate, the information statement
is delivered to the purchaser at or prior to the time of
purchase of the shares.
(4) An agreement authorized by this section shall cease
to be effective when shares of the corporation are listed on
a national securities exchange or regularly traded in a market
maintained by one or more members of a national or
affiliated securities association.
(5) An agreement authorized by this section that limits
the discretion or powers of the board of directors shall
relieve the directors of, and impose upon the person or
persons in whom such discretion or powers are vested,
liability for acts or omissions imposed by law on directors to
the extent that the discretion or powers of the directors are
limited by the agreement.
(6) The existence or performance of an agreement
authorized by this section shall not be a ground for imposing
(2002 Ed.)
23B.07.320
personal liability on any shareholder for the acts or debts of
the corporation even if the agreement or its performance
treats the corporation as if it were a partnership or results in
failure to observe the corporate formalities otherwise
applicable to the matters governed by the agreement.
(7) Incorporators or subscribers for shares may act as
shareholders with respect to an agreement authorized by this
section if no shares have been issued when the agreement is
made. [1995 c 47 § 6; 1993 c 290 § 4.]
23B.07.400 Derivative proceedings procedure. (1)
A person may not commence a proceeding in the right of a
domestic or foreign corporation unless the person was a
shareholder of the corporation when the transaction complained of occurred or unless the person became a shareholder through transfer by operation of law from one who was a
shareholder at that time.
(2) A complaint in a proceeding brought in the right of
a corporation must be verified and allege with particularity
the demand made, if any, to obtain action by the board of
directors and either that the demand was refused or ignored
or why a demand was not made. Whether or not a demand
for action was made, if the corporation commences an
investigation of the charges made in the demand or complaint, the court may stay any proceeding until the investigation is completed.
(3) A proceeding commenced under this section may not
be discontinued or settled without the court’s approval. If
the court determines that a proposed discontinuance or
settlement will substantially affect the interest of the
corporation’s shareholders or a class of shareholders, the
court shall direct that notice be given to the shareholders
affected.
(4) On termination of the proceeding the court may
require the plaintiff to pay any defendant’s reasonable
expenses, including counsel fees, incurred in defending the
proceeding if it finds that the proceeding was commenced
without reasonable cause.
(5) For purposes of this section, "shareholder" includes
a beneficial owner whose shares are held in a voting trust or
held by a nominee on behalf of the beneficial owner. [1989
c 165 § 79.]
Chapter 23B.08
DIRECTORS AND OFFICERS
Sections
23B.08.010
23B.08.020
23B.08.030
23B.08.040
23B.08.050
23B.08.060
23B.08.070
23B.08.080
23B.08.090
23B.08.100
23B.08.110
23B.08.200
23B.08.210
23B.08.220
23B.08.230
23B.08.240
23B.08.250
Requirement for and duties of board of directors.
Qualifications of directors.
Number and election of directors.
Election of directors by certain classes or series of shares.
Terms of directors—Generally.
Staggered terms for directors.
Resignation of directors.
Removal of directors by shareholders.
Removal of directors by judicial proceeding.
Vacancy on board of directors.
Compensation of directors.
Meetings and action of the board.
Action without meeting.
Notice of meeting.
Waiver of notice.
Quorum and voting.
Committees.
[Title 23B RCW—page 25]
Chapter 23B.08
23B.08.300
23B.08.310
23B.08.320
23B.08.400
23B.08.410
23B.08.420
23B.08.430
23B.08.440
23B.08.500
23B.08.510
23B.08.520
23B.08.530
23B.08.540
23B.08.550
23B.08.560
23B.08.570
23B.08.580
23B.08.590
23B.08.600
23B.08.700
23B.08.710
23B.08.720
23B.08.730
Title 23B RCW: Washington Business Corporation Act
General standards for directors.
Liability for unlawful distributions.
Limitation on liability of directors.
Officers.
Duties of officers.
Standards of conduct for officers.
Resignation and removal of officers.
Contract rights of officers.
Indemnification definitions.
Authority to indemnify.
Mandatory indemnification.
Advance for expenses.
Court-ordered indemnification.
Determination and authorization of indemnification.
Shareholder authorized indemnification and advancement of
expenses.
Indemnification of officers, employees, and agents.
Insurance.
Validity of indemnification or advance for expenses.
Report to shareholders.
Definitions.
Judicial action.
Directors’ action.
Shareholders’ action.
tled to elect one or more directors is a separate voting group
for purposes of the election of directors. [1989 c 165 § 83.]
23B.08.050 Terms of directors—Generally. (1) The
terms of the initial directors of a corporation expire at the
first shareholders’ meeting at which directors are elected.
(2) The terms of all other directors expire at the next
annual shareholders’ meeting following their election unless
(a) their terms are staggered under RCW 23B.08.060, or (b)
their terms are otherwise governed by RCW 23B.05.050.
(3) A decrease in the number of directors does not
shorten an incumbent director’s term.
(4) The term of a director elected to fill a vacancy
expires at the next shareholders’ meeting at which directors
are elected.
(5) Despite the expiration of a director’s term, the
director continues to serve until the director’s successor is
elected and qualified or until there is a decrease in the
number of directors. [1994 c 256 § 30; 1989 c 165 § 84.]
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.08.010 Requirement for and duties of board of
directors. (1) Except as provided in subsection (3) of this
section, each corporation must have a board of directors.
(2) All corporate powers shall be exercised by or under
the authority of, and the business and affairs of the corporation managed under the direction of, its board of directors,
subject to any limitation set forth in the articles of incorporation.
(3) A corporation may dispense with or limit the
authority of its board of directors by describing in its articles
of incorporation who will perform some or all of the duties
of the board of directors. [1989 c 165 § 80.]
23B.08.020 Qualifications of directors. The articles
of incorporation or bylaws may prescribe qualifications for
directors. A director need not be a resident of this state or
a shareholder of the corporation unless the articles of
incorporation or bylaws so prescribe. [1989 c 165 § 81.]
23B.08.030 Number and election of directors. (1)
A board of directors must consist of one or more individuals,
with the number specified in or fixed in accordance with the
articles of incorporation or bylaws.
(2) Directors are elected at the first annual shareholders’
meeting and at each annual meeting thereafter unless (a)
their terms are staggered under RCW 23B.08.060, or (b)
their terms are otherwise governed by RCW 23B.05.050.
Directors also may be elected by consent action under
*RCW 23.07.040. [2002 c 297 § 27; 1994 c 256 § 29; 1989
c 165 § 82.]
*Reviser’s note: The reference to RCW 23.07.040 is erroneous.
RCW 23B.07.040 was apparently intended.
Findings—Construction—1994 c 256: See RCW 43.320.007.
23B.08.040 Election of directors by certain classes
or series of shares. If the articles of incorporation authorize
dividing the shares into classes or series, the articles may
also authorize the election of all or a specified number of
directors by the holders of one or more authorized classes or
series of shares. A class, or classes, or series of shares enti[Title 23B RCW—page 26]
23B.08.060 Staggered terms for directors. (1) The
articles of incorporation may provide for staggering the
terms of directors by dividing the total number of directors
into two or three groups, with each group containing onehalf or one-third of the total, as near as may be. In that
event, the terms of directors in the first group expire at the
first annual shareholders’ meeting after their election, the
terms of the second group expire at the second annual
shareholders’ meeting after their election, and the terms of
the third group, if any, expire at the third annual
shareholders’ meeting after their election. At each annual
shareholders’ meeting held thereafter, directors shall be
chosen for a term of two years or three years, as the case
may be, to succeed those whose terms expire.
(2) If cumulative voting is authorized, any provision
establishing staggered terms of directors shall provide that at
least three directors shall be elected at each annual
shareholders’ meeting. [1989 c 165 § 85.]
23B.08.070 Resignation of directors. (1) A director
may resign at any time by delivering an executed notice to
the board of directors, its chairperson, the president, or the
secretary.
(2) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. [2002
c 297 § 28; 1989 c 165 § 86.]
23B.08.080 Removal of directors by shareholders.
(1) The shareholders may remove one or more directors with
or without cause unless the articles of incorporation provide
that directors may be removed only for cause.
(2) If a director is elected by holders of one or more
authorized classes or series of shares, only the holders of
those classes or series of shares may participate in the vote
to remove the director.
(3) If cumulative voting is authorized, and if less than
the entire board is to be removed, no director may be
removed if the number of votes sufficient to elect the
director under cumulative voting is voted against the
director’s removal. If cumulative voting is not authorized,
(2002 Ed.)
Directors and Officers
a director may be removed only if the number of votes cast
to remove the director exceeds the number of votes cast not
to remove the director.
(4) A director may be removed by the shareholders only
at a special meeting called for the purpose of removing the
director and the meeting notice must state that the purpose,
or one of the purposes, of the meeting is removal of the director. [1995 c 47 § 7; 1989 c 165 § 87.]
23B.08.090 Removal of directors by judicial proceeding. (1) The superior court of the county where a
corporation’s principal office, or, if none in this state, its
registered office, is located may remove a director of the
corporation from office in a proceeding commenced either
by the corporation or by its shareholders holding at least ten
percent of the outstanding shares of any class if the court
finds that (a) the director engaged in fraudulent or dishonest
conduct with respect to the corporation, and (b) removal is
in the best interest of the corporation.
(2) The court that removes a director may bar the
director from reelection for a period prescribed by the court.
(3) If shareholders commence a proceeding under
subsection (1) of this section, they shall make the corporation a party defendant. [1989 c 165 § 88.]
23B.08.100 Vacancy on board of directors. (1)
Unless the articles of incorporation provide otherwise, if a
vacancy occurs on a board of directors, including a vacancy
resulting from an increase in the number of directors:
(a) The shareholders may fill the vacancy;
(b) The board of directors may fill the vacancy; or
(c) If the directors in office constitute fewer than a
quorum of the board, they may fill the vacancy by the
affirmative vote of a majority of all the directors in office.
(2) If the vacant office was held by a director elected by
holders of one or more authorized classes or series of shares,
only the holders of those classes or series of shares are
entitled to vote to fill the vacancy.
(3) A vacancy that will occur at a specific later date, by
reason of a resignation effective at a later date under RCW
23B.08.070(2) or otherwise, may be filled before the
vacancy occurs but the new director may not take office
until the vacancy occurs. [1989 c 165 § 89.]
23B.08.110 Compensation of directors. Unless the
articles of incorporation or bylaws provide otherwise, the
board of directors may fix the compensation of directors.
[1989 c 165 § 90.]
23B.08.200 Meetings and action of the board. (1)
The board of directors may hold regular or special meetings
in or out of this state.
(2) Unless the articles of incorporation or bylaws
provide otherwise, any or all directors may participate in a
regular or special meeting by, or conduct the meeting
through the use of, any means of communication by which
all directors participating can hear each other during the
meeting. A director participating in a meeting by this means
is deemed to be present in person at the meeting. [1989 c
165 § 91.]
(2002 Ed.)
23B.08.080
23B.08.210 Action without meeting. (1) Unless the
articles of incorporation or bylaws provide otherwise, action
required or permitted by this title to be taken at a board of
directors’ meeting may be taken without a meeting if the
action is taken by all members of the board. The action
must be evidenced by one or more consents describing the
action taken, executed by each director either before or after
the action taken, and delivered to the corporation for
inclusion in the minutes or filing with the corporate records,
each of which consents shall be set forth either (a) in an
executed record or (b) if the corporation has designated an
address, location, or system to which the consents may be
electronically transmitted and the consent is electronically
transmitted to the designated address, location, or system, in
an executed electronically transmitted record.
(2) Action taken under this section is effective when the
last director executes the consent, unless the consent specifies a later effective date.
(3) A consent under this section has the effect of a
meeting vote and may be described as such in any record.
[2002 c 297 § 29; 1989 c 165 § 92.]
23B.08.220 Notice of meeting. (1) Unless the articles
of incorporation or bylaws provide otherwise, regular
meetings of the board of directors may be held without
notice of the date, time, place, or purpose of the meeting.
(2) Unless the articles of incorporation or bylaws
provide for a longer or shorter period, special meetings of
the board of directors must be preceded by at least two days’
notice of the date, time, and place of the meeting. The
notice need not describe the purpose of the special meeting
unless required by the articles of incorporation or bylaws.
[1989 c 165 § 93.]
23B.08.230 Waiver of notice. (1) A director may
waive any notice required by this title, the articles of
incorporation, or bylaws before or after the date and time
stated in the notice, and such waiver shall be equivalent to
the giving of such notice. Except as provided by subsection
(2) of this section, the waiver must be delivered by the
director entitled to the notice to the corporation for inclusion
in the minutes or filing with the corporate records, which
waiver shall be set forth either (a) in an executed record or
(b) if the corporation has designated an address, location, or
system to which the waiver may be electronically transmitted
and the waiver has been electronically transmitted to the
designated address, location, or system, in an executed
electronically transmitted record.
(2) A director’s attendance at or participation in a
meeting waives any required notice to the director of the
meeting unless the director at the beginning of the meeting,
or promptly upon the director’s arrival, objects to holding the
meeting or transacting business at the meeting and does not
thereafter vote for or assent to action taken at the meeting.
[2002 c 297 § 30; 1989 c 165 § 94.]
23B.08.240 Quorum and voting. (1) Unless the
articles of incorporation or bylaws require a greater or lesser
number, a quorum of a board of directors consists of a
majority of the number of directors specified in or fixed in
accordance with the articles of incorporation or bylaws.
[Title 23B RCW—page 27]
23B.08.240
Title 23B RCW: Washington Business Corporation Act
(2) Notwithstanding subsection (1) of this section, a
quorum of a board of directors may in no event be less than
one-third of the number of directors specified in or fixed in
accordance with the articles of incorporation or bylaws.
(3) If a quorum is present when a vote is taken, the
affirmative vote of a majority of directors present is the act
of the board of directors unless the articles of incorporation
or bylaws require the vote of a greater number of directors.
(4) A director who is present at a meeting of the board
of directors when action is taken is deemed to have assented
to the action taken unless: (a) The director objects at the
beginning of the meeting, or promptly upon the director’s
arrival, to holding it or transacting business at the meeting;
(b) the director’s dissent or abstention from the action taken
is entered in the minutes of the meeting; or (c) the director
delivers notice of the director’s dissent or abstention to the
presiding officer of the meeting before its adjournment or to
the corporation within a reasonable time after adjournment
of the meeting. The right of dissent or abstention is not
available to a director who votes in favor of the action taken.
[2002 c 297 § 31; 1991 c 72 § 35; 1989 c 165 § 95.]
23B.08.250 Committees. (1) Unless the articles of
incorporation or bylaws provide otherwise, a board of
directors may create one or more committees of directors.
Each committee must have two or more members, who serve
at the pleasure of the board of directors.
(2) The creation of a committee and appointment of
members to it must be approved by the greater of (a) a
majority of all the directors in office when the action is
taken or (b) the number of directors required by the articles
of incorporation or bylaws to take action under RCW
23B.08.240.
(3) RCW 23B.08.200 through 23B.08.240, which govern
meetings, action without meetings, notice and waiver of
notice, and quorum and voting requirements of the board of
directors, apply to committees and their members as well.
(4) To the extent specified by the board of directors or
in the articles of incorporation or bylaws, each committee
may exercise the authority of the board of directors under
RCW 23B.08.010.
(5) A committee may not, however:
(a) Authorize or approve a distribution except according
to a general formula or method prescribed by the board of
directors;
(b) Approve or propose to shareholders action that this
title requires be approved by shareholders;
(c) Fill vacancies on the board of directors or on any of
its committees;
(d) Amend articles of incorporation pursuant to RCW
23B.10.020;
(e) Adopt, amend, or repeal bylaws;
(f) Approve a plan of merger not requiring shareholder
approval; or
(g) Authorize or approve the issuance or sale or contract
for sale of shares, or determine the designation and relative
rights, preferences, and limitations of a class or series of
shares, except that the board of directors may authorize a
committee, or a senior executive officer of the corporation
to do so within limits specifically prescribed by the board of
directors.
[Title 23B RCW—page 28]
(6) The creation of, delegation of authority to, or action
by a committee does not alone constitute compliance by a
director with the standards of conduct described in RCW
23B.08.300. [1989 c 165 § 96.]
23B.08.300 General standards for directors. (1) A
director shall discharge the duties of a director, including
duties as member of a committee:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director reasonably believes to be in
the best interests of the corporation.
(2) In discharging the duties of a director, a director is
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by:
(a) One or more officers or employees of the corporation whom the director reasonably believes to be reliable and
competent in the matters presented;
(b) Legal counsel, public accountants, or other persons
as to matters the director reasonably believes are within the
person’s professional or expert competence; or
(c) A committee of the board of directors of which the
director is not a member if the director reasonably believes
the committee merits confidence.
(3) A director is not acting in good faith if the director
has knowledge concerning the matter in question that makes
reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) A director is not liable for any action taken as a
director, or any failure to take any action, if the director
performed the duties of the director’s office in compliance
with this section. [1989 c 165 § 97.]
23B.08.310 Liability for unlawful distributions. (1)
A director who votes for or assents to a distribution made in
violation of RCW 23B.06.400 or the articles of incorporation
is personally liable to the corporation for the amount of the
distribution that exceeds what could have been distributed
without violating RCW 23B.06.400 or the articles of incorporation if it is established that the director did not
perform the director’s duties in compliance with RCW
23B.08.300. In any proceeding commenced under this section, a director has all of the defenses ordinarily available to
a director.
(2) A director held liable under subsection (1) of this
section for an unlawful distribution is entitled to contribution:
(a) From every other director who could be held liable
under subsection (1) of this section for the unlawful distribution; and
(b) From each shareholder for the amount the shareholder accepted knowing the distribution was made in violation
of RCW 23B.06.400 or the articles of incorporation.
(3) A proceeding under this section is barred unless it
is commenced within two years after the date on which the
effect of the distribution was measured under RCW
23B.06.400(4). [1989 c 165 § 98.]
(2002 Ed.)
Directors and Officers
23B.08.320 Limitation on liability of directors. The
articles of incorporation may contain provisions not inconsistent with law that eliminate or limit the personal liability of
a director to the corporation or its shareholders for monetary
damages for conduct as a director, provided that such
provisions shall not eliminate or limit the liability of a
director for acts or omissions that involve intentional
misconduct by a director or a knowing violation of law by
a director, for conduct violating RCW 23B.08.310, or for
any transaction from which the director will personally
receive a benefit in money, property, or services to which
the director is not legally entitled. No such provision shall
eliminate or limit the liability of a director for any act or
omission occurring prior to the date when such provision
becomes effective. [1989 c 165 § 99.]
23B.08.400 Officers. (1) A corporation has the
officers described in its bylaws or appointed by the board of
directors in accordance with the bylaws.
(2) A duly appointed officer may appoint one or more
officers or assistant officers if authorized by the bylaws or
the board of directors.
(3) The bylaws or the board of directors shall delegate
to one of the officers responsibility for preparing minutes of
the directors’ and shareholders’ meetings and for authenticating records of the corporation.
(4) The same individual may simultaneously hold more
than one office in a corporation. [1989 c 165 § 100.]
23B.08.410 Duties of officers. Each officer has the
authority and shall perform the duties set forth in the bylaws
or, to the extent consistent with the bylaws, the duties
prescribed by the board of directors or by an officer authorized by the board of directors to prescribe the duties of
other officers. [1989 c 165 § 101.]
23B.08.420 Standards of conduct for officers. (1)
An officer with discretionary authority shall discharge the
officer’s duties under that authority:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the officer reasonably believes to be in
the best interests of the corporation.
(2) In discharging the officer’s duties, the officer is
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, if prepared or presented by:
(a) One or more officers or employees of the corporation whom the officer reasonably believes to be reliable and
competent in the matters presented; or
(b) Legal counsel, public accountants, or other persons
as to matters the officer reasonably believes are within the
person’s professional or expert competence.
(3) An officer is not acting in good faith if the officer
has knowledge concerning the matter in question that makes
reliance otherwise permitted by subsection (2) of this section
unwarranted.
(4) An officer is not liable for any action taken as an
officer, or any failure to take any action, if the officer
(2002 Ed.)
23B.08.320
performed the duties of the officer’s office in compliance
with this section. [1989 c 165 § 102.]
23B.08.430 Resignation and removal of officers. (1)
An officer may resign at any time by delivering notice to the
corporation. A resignation is effective when the notice is
delivered unless the notice specifies a later effective date.
(2) A board of directors may remove any officer at any
time with or without cause. An officer or assistant officer,
if appointed by another officer, may be removed by any
officer authorized to appoint officers or assistant officers.
[1989 c 165 § 103.]
23B.08.440 Contract rights of officers. (1) The
appointment of an officer does not itself create contract
rights.
(2) An officer’s removal does not affect the officer’s
contract rights, if any, with the corporation. An officer’s
resignation does not affect the corporation’s contract rights,
if any, with the officer. [1989 c 165 § 104.]
23B.08.500 Indemnification definitions. For purposes of RCW 23B.08.510 through 23B.08.600:
(1) "Corporation" includes any domestic or foreign
predecessor entity of a corporation in a merger or other
transaction in which the predecessor’s existence ceased upon
consummation of the transaction.
(2) "Director" means an individual who is or was a
director of a corporation or an individual who, while a
director of a corporation, is or was serving at the
corporation’s request as a director, officer, partner, trustee,
employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, employee benefit plan,
or other enterprise. A director is considered to be serving an
employee benefit plan at the corporation’s request if the
director’s duties to the corporation also impose duties on, or
otherwise involve services by, the director to the plan or to
participants in or beneficiaries of the plan. "Director"
includes, unless the context requires otherwise, the estate or
personal representative of a director.
(3) "Expenses" include counsel fees.
(4) "Liability" means the obligation to pay a judgment,
settlement, penalty, fine, including an excise tax assessed
with respect to an employee benefit plan, or reasonable
expenses incurred with respect to a proceeding.
(5) "Official capacity" means: (a) When used with
respect to a director, the office of director in a corporation;
and (b) when used with respect to an individual other than
a director, as contemplated in RCW 23B.08.570, the office
in a corporation held by the officer or the employment or
agency relationship undertaken by the employee or agent on
behalf of the corporation. "Official capacity" does not include service for any other foreign or domestic corporation
or any partnership, joint venture, trust, employee benefit
plan, or other enterprise.
(6) "Party" includes an individual who was, is, or is
threatened to be made a named defendant or respondent in
a proceeding.
(7) "Proceeding" means any threatened, pending, or
completed action, suit, or proceeding, whether civil, criminal,
[Title 23B RCW—page 29]
23B.08.500
Title 23B RCW: Washington Business Corporation Act
administrative, or investigative and whether formal or
informal. [1989 c 165 § 105.]
23B.08.510 Authority to indemnify. (1) Except as
provided in subsection (4) of this section, a corporation may
indemnify an individual made a party to a proceeding
because the individual is or was a director against liability
incurred in the proceeding if:
(a) The individual acted in good faith; and
(b) The individual reasonably believed:
(i) In the case of conduct in the individual’s official
capacity with the corporation, that the individual’s conduct
was in its best interests; and
(ii) In all other cases, that the individual’s conduct was
at least not opposed to its best interests; and
(c) In the case of any criminal proceeding, the individual had no reasonable cause to believe the individual’s
conduct was unlawful.
(2) A director’s conduct with respect to an employee
benefit plan for a purpose the director reasonably believed to
be in the interests of the participants in and beneficiaries of
the plan is conduct that satisfies the requirement of subsection (1)(b)(ii) of this section.
(3) The termination of a proceeding by judgment, order,
settlement, conviction, or upon a plea of nolo contendere or
its equivalent is not, of itself, determinative that the director
did not meet the standard of conduct described in this
section.
(4) A corporation may not indemnify a director under
this section:
(a) In connection with a proceeding by or in the right of
the corporation in which the director was adjudged liable to
the corporation; or
(b) In connection with any other proceeding charging
improper personal benefit to the director, whether or not
involving action in the director’s official capacity, in which
the director was adjudged liable on the basis that personal
benefit was improperly received by the director.
(5) Indemnification permitted under this section in
connection with a proceeding by or in the right of the
corporation is limited to reasonable expenses incurred in
connection with the proceeding. [1989 c 165 § 106.]
23B.08.520 Mandatory indemnification. Unless
limited by its articles of incorporation, a corporation shall
indemnify a director who was wholly successful, on the
merits or otherwise, in the defense of any proceeding to
which the director was a party because of being a director of
the corporation against reasonable expenses incurred by the
director in connection with the proceeding. [1989 c 165 §
107.]
23B.08.530 Advance for expenses. (1) A corporation
may pay for or reimburse the reasonable expenses incurred
by a director who is a party to a proceeding in advance of
final disposition of the proceeding if:
(a) The director furnishes the corporation a written
affirmation of the director’s good faith belief that the
director has met the standard of conduct described in RCW
23B.08.510; and
[Title 23B RCW—page 30]
(b) The director furnishes the corporation a written
undertaking, executed personally or on the director’s behalf,
to repay the advance if it is ultimately determined that the
director did not meet the standard of conduct.
(2) The undertaking required by subsection (1)(b) of this
section must be an unlimited general obligation of the
director but need not be secured and may be accepted
without reference to financial ability to make repayment.
(3) Authorization of payments under this section may be
made by provision in the articles of incorporation or bylaws,
by resolution adopted by the shareholders or board of
directors, or by contract. [1989 c 165 § 108.]
23B.08.540 Court-ordered indemnification. Unless
a corporation’s articles of incorporation provide otherwise,
a director of a corporation who is a party to a proceeding
may apply for indemnification or advance of expenses to the
court conducting the proceeding or to another court of
competent jurisdiction. On receipt of an application, the
court after giving any notice the court considers necessary
may order indemnification or advance of expenses if it
determines:
(1) The director is entitled to mandatory indemnification
under RCW 23B.08.520, in which case the court shall also
order the corporation to pay the director’s reasonable
expenses incurred to obtain court-ordered indemnification;
(2) The director is fairly and reasonably entitled to
indemnification in view of all the relevant circumstances,
whether or not the director met the standard of conduct set
forth in RCW 23B.08.510 or was adjudged liable as described in RCW 23B.08.510(4), but if the director was
adjudged so liable the director’s indemnification is limited to
reasonable expenses incurred unless the articles of incorporation or a bylaw, contract, or resolution approved or ratified
by the shareholders pursuant to RCW 23B.08.560 provides
otherwise; or
(3) In the case of an advance of expenses, the director
is entitled pursuant to the articles of incorporation, bylaws,
or any applicable resolution or contract, to payment or
reimbursement of the director’s reasonable expenses incurred
as a party to the proceeding in advance of final disposition
of the proceeding. [1989 c 165 § 109.]
23B.08.550 Determination and authorization of
indemnification. (1) A corporation may not indemnify a
director under RCW 23B.08.510 unless authorized in the
specific case after a determination has been made that
indemnification of the director is permissible in the circumstances because the director has met the standard of conduct
set forth in RCW 23B.08.510.
(2) The determination shall be made:
(a) By the board of directors by majority vote of a
quorum consisting of directors not at the time parties to the
proceeding;
(b) If a quorum cannot be obtained under (a) of this
subsection, by majority vote of a committee duly designated
by the board of directors, in which designation directors who
are parties may participate, consisting solely of two or more
directors not at the time parties to the proceeding;
(c) By special legal counsel:
(2002 Ed.)
Directors and Officers
(i) Selected by the board of directors or its committee in the manner prescribed in (a) or (b) of this subsection;
or
(ii) If a quorum of the board of directors cannot be
obtained under (a) of this subsection and a committee cannot
be designated under (b) of this subsection, selected by
majority vote of the full board of directors, in which selection directors who are parties may participate; or
(d) By the shareholders, but shares owned by or voted
under the control of directors who are at the time parties to
the proceeding may not be voted on the determination.
(3) Authorization of indemnification and evaluation as
to reasonableness of expenses shall be made in the same
manner as the determination that indemnification is permissible, except that if the determination is made by special legal
counsel, authorization of indemnification and evaluation as
to reasonableness of expenses shall be made by those
entitled under subsection (2)(c) of this section to select
counsel. [1989 c 165 § 110.]
23B.08.560 Shareholder authorized indemnification
and advancement of expenses. (1) If authorized by the
articles of incorporation, a bylaw adopted or ratified by the
shareholders, or a resolution adopted or ratified, before or
after the event, by the shareholders, a corporation shall have
power to indemnify or agree to indemnify a director made a
party to a proceeding, or obligate itself to advance or
reimburse expenses incurred in a proceeding, without regard
to the limitations in RCW 23B.08.510 through 23B.08.550,
provided that no such indemnity shall indemnify any director
from or on account of:
(a) Acts or omissions of the director finally adjudged to
be intentional misconduct or a knowing violation of law;
(b) Conduct of the director finally adjudged to be in
violation of RCW 23B.08.310; or
(c) Any transaction with respect to which it was finally
adjudged that such director personally received a benefit in
money, property, or services to which the director was not
legally entitled.
(2) Unless the articles of incorporation, or a bylaw or
resolution adopted or ratified by the shareholders, provide
otherwise, any determination as to any indemnity or advance
of expenses under subsection (1) of this section shall be
made in accordance with RCW 23B.08.550. [1989 c 165 §
111.]
23B.08.570 Indemnification of officers, employees,
and agents. Unless a corporation’s articles of incorporation
provide otherwise:
(1) An officer of the corporation who is not a director
is entitled to mandatory indemnification under RCW
23B.08.520, and is entitled to apply for court-ordered
indemnification under RCW 23B.08.540, in each case to the
same extent as a director;
(2) The corporation may indemnify and advance
expenses under RCW 23B.08.510 through 23B.08.560 to an
officer, employee, or agent of the corporation who is not a
director to the same extent as to a director; and
(3) A corporation may also indemnify and advance
expenses to an officer, employee, or agent who is not a
director to the extent, consistent with law, that may be
(2002 Ed.)
23B.08.550
provided by its articles of incorporation, bylaws, general or
specific action of its board of directors, or contract. [1989
c 165 § 112.]
23B.08.580 Insurance. A corporation may purchase
and maintain insurance on behalf of an individual who is or
was a director, officer, employee, or agent of the corporation, or who, while a director, officer, employee, or agent of
the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or
agent of another foreign or domestic corporation, partnership,
joint venture, trust, employee benefit plan, or other enterprise, against liability asserted against or incurred by the
individual in that capacity or arising from the individual’s
status as a director, officer, employee, or agent, whether or
not the corporation would have power to indemnify the individual against the same liability under RCW 23B.08.510 or
23B.08.520. [1989 c 165 § 113.]
23B.08.590 Validity of indemnification or advance
for expenses. (1) A provision treating a corporation’s
indemnification of or advance for expenses to directors that
is contained in its articles of incorporation, bylaws, a
resolution of its shareholders or board of directors, or in a
contract or otherwise, is valid only if and to the extent the
provision is consistent with RCW 23B.08.500 through
23B.08.580. If articles of incorporation limit indemnification
or advance for expenses, indemnification and advance for
expenses are valid only to the extent consistent with the
articles of incorporation.
(2) RCW 23B.08.500 through 23B.08.580 do not limit
a corporation’s power to pay or reimburse expenses incurred
by a director in connection with the director’s appearance as
a witness in a proceeding at a time when the director has not
been made a named defendant or respondent to the proceeding. [1989 c 165 § 114.]
23B.08.600 Report to shareholders. If a corporation
indemnifies or advances expenses to a director under RCW
23B.08.510, 23B.08.520, 23B.08.530, 23B.08.540, or
23B.08.560 in connection with a proceeding by or in the
right of the corporation, the corporation shall report the
indemnification or advance in the form of a notice to the
shareholders delivered with or before the notice of the next
shareholders’ meeting. [2002 c 297 § 32; 1989 c 165 §
115.]
23B.08.700 Definitions. For purposes of RCW
23B.08.710 through 23B.08.730:
(1) "Conflicting interest" with respect to a corporation
means the interest a director of the corporation has respecting a transaction effected or proposed to be effected by the
corporation, or by a subsidiary of the corporation or any
other entity in which the corporation has a controlling interest, if:
(a) Whether or not the transaction is brought before the
board of directors of the corporation for action, the director
knows at the time of commitment that the director or a
related person is a party to the transaction or has a beneficial
financial interest in or so closely linked to the transaction
and of such financial significance to the director or a related
[Title 23B RCW—page 31]
23B.08.700
Title 23B RCW: Washington Business Corporation Act
person that the interest would reasonably be expected to
exert an influence on the director’s judgment if the director
were called upon to vote on the transaction; or
(b) The transaction is brought, or is of such character
and significance to the corporation that it would in the
normal course be brought, before the board of directors of
the corporation for action, and the director knows at the time
of commitment that any of the following persons is either a
party to the transaction or has a beneficial financial interest
in or so closely linked to the transaction and of such
financial significance to the person that the interest would
reasonably be expected to exert an influence on the
director’s judgment if the director were called upon to vote
on the transaction: (i) An entity, other than the corporation,
of which the director is a director, general partner, agent, or
employee; (ii) a person that controls one or more of the
entities specified in (b)(i) of this subsection or an entity that
is controlled by, or is under common control with, one or
more of the entities specified in (b)(i) of this subsection; or
(iii) an individual who is a general partner, principal, or
employer of the director.
(2) "Director’s conflicting interest transaction" with
respect to a corporation means a transaction effected or
proposed to be effected by the corporation, or by a subsidiary of the corporation or any other entity in which the corporation has a controlling interest, respecting which a
director of the corporation has a conflicting interest.
(3) "Related person" of a director means (a) the spouse,
or a parent or sibling thereof, of the director, or a child,
grandchild, sibling, parent, or spouse of any thereof, of the
director, or an individual having the same home as the
director, or a trust or estate of which an individual specified
herein is a substantial beneficiary; or (b) a trust, estate,
incompetent, conservatee, or minor of which the director is
a fiduciary.
(4) "Required disclosure" means disclosure by the
director who has a conflicting interest of (a) the existence
and nature of the director’s conflicting interest, and (b) all
facts known to the director respecting the subject matter of
the transaction that an ordinarily prudent person would
reasonably believe to be material to a judgment about
whether or not to proceed with the transaction.
(5) "Time of commitment" respecting a transaction
means the time when the transaction is consummated or, if
made pursuant to contract, the time when the corporation, or
its subsidiary or the entity in which it has a controlling
interest, becomes contractually obligated so that its unilateral
withdrawal from the transaction would entail significant loss,
liability, or other damage. [1989 c 165 § 116.]
23B.08.710 Judicial action. (1) A transaction
effected or proposed to be effected by a corporation, or by
a subsidiary of the corporation or any other entity in which
the corporation has a controlling interest, that is not a
director’s conflicting interest transaction may not be enjoined, set aside, or give rise to an award of damages or
other sanctions, in a proceeding by a shareholder or by or in
the right of the corporation, because a director of the
corporation, or any person with whom or which the director
has a personal, economic, or other association, has an
interest in the transaction.
[Title 23B RCW—page 32]
(2) A director’s conflicting interest transaction may not
be enjoined, set aside, or give rise to an award of damages
or other sanctions, in a proceeding by a shareholder or by or
in the right of the corporation, because the director, or any
person with whom or which the director has a personal,
economic, or other association, has an interest in the transaction, if:
(a) Directors’ action respecting the transaction was at
any time taken in compliance with RCW 23B.08.720;
(b) Shareholders’ action respecting the transaction was
at any time taken in compliance with RCW 23B.08.730; or
(c) The transaction, judged according to the circumstances at the time of commitment, is established to have
been fair to the corporation. [1989 c 165 § 117.]
23B.08.720 Directors’ action. (1) Directors’ action
respecting a transaction is effective for purposes of RCW
23B.08.710(2)(a) if the transaction received the affirmative
vote of a majority, but no fewer than two, of those qualified
directors on the board of directors or on a duly empowered
committee of the board who voted on the transaction after
either required disclosure to them, to the extent the information was not known by them, or compliance with subsection
(2) of this section, provided that action by a committee is so
effective only if:
(a) All its members are qualified directors; and
(b) Its members are either all the qualified directors on
the board or are appointed by the affirmative vote of a
majority of the qualified directors on the board.
(2) If a director has a conflicting interest respecting a
transaction, but neither the director nor a related person of
the director specified in RCW 23B.08.700(3)(a) is a party to
the transaction, and if the director has a duty under law or
professional canon, or a duty of confidentiality to another
person, respecting information relating to the transaction
such that the director may not make the disclosure described
in RCW 23B.08.700(4)(b), then disclosure is sufficient for
purposes of subsection (1) of this section if the director (a)
discloses to the directors voting on the transaction the
existence and nature of the director’s conflicting interest and
informs them of the character and limitations imposed by
that duty before their vote on the transaction, and (b) plays
no part, directly or indirectly, in their deliberations or vote.
(3) A majority, but no fewer than two, of all the
qualified directors on the board of directors, or on the
committee, constitutes a quorum for purposes of action that
complies with this section. Directors’ action that otherwise
complies with this section is not affected by the presence or
vote of a director who is not a qualified director.
(4) For purposes of this section "qualified director"
means, with respect to a director’s conflicting interest
transaction, any director who does not have either (a) a
conflicting interest respecting the transaction, or (b) a familial, financial, professional, or employment relationship
with a second director who does have a conflicting interest
respecting the transaction, which relationship would, in the
circumstances, reasonably be expected to exert an influence
on the first director’s judgment when voting on the transaction. [1989 c 165 § 118.]
(2002 Ed.)
Directors and Officers
23B.08.730 Shareholders’ action. (1) Shareholders’
action respecting a transaction is effective for purposes of
RCW 23B.08.710(2)(b) if a majority of the votes entitled to
be cast by the holders of all qualified shares were cast in
favor of the transaction after (a) notice to shareholders
describing the director’s conflicting interest transaction, (b)
provision of the information referred to in subsection (4) of
this section, and (c) required disclosure to the shareholders
who voted on the transaction, to the extent the information
was not known by them.
(2) For purposes of this section, "qualified shares"
means any shares entitled to vote with respect to the
director’s conflicting interest transaction except shares that,
to the knowledge, before the vote, of the secretary, or other
officer or agent of the corporation authorized to tabulate
votes, are beneficially owned, or the voting of which is
controlled, by a director who has a conflicting interest
respecting the transaction or by a related person of the
director, or both.
(3) A majority of the votes entitled to be cast by the
holders of all qualified shares constitutes a quorum for
purposes of action that complies with this section. Subject
to the provisions of subsections (4) and (5) of this section,
shareholders’ action that otherwise complies with this section
is not affected by the presence of holders, or the voting, of
shares that are not qualified shares.
(4) For purposes of compliance with subsection (1) of
this section, a director who has a conflicting interest respecting the transaction shall, before the shareholders’ vote,
inform the secretary, or other officer or agent of the corporation authorized to tabulate votes, of the number, and the
identity of persons holding or controlling the vote, of all
shares that the director knows are beneficially owned, or the
voting of which is controlled, by the director, or by a related
person of the director, or both.
(5) If a shareholders’ vote does not comply with
subsection (1) of this section solely because of a failure of
a director to comply with subsection (4) of this section, and
if the director establishes that the director’s failure did not
determine and was not intended by the director to influence
the outcome of the vote, the court may, with or without
further proceedings respecting RCW 23B.08.710(2)(c), take
such action respecting the transaction and the director, and
give such effect, if any, to the shareholders’ vote, as it
considers appropriate in the circumstances. [1989 c 165 §
119.]
Chapter 23B.09
[RESERVED]
Chapter 23B.10
AMENDMENT OF ARTICLES OF
INCORPORATION AND BYLAWS
Sections
23B.10.010 Authority to amend articles of incorporation.
23B.10.012 Certificate of authority as insurance company—Filing of
records.
23B.10.020 Amendment of articles of incorporation by board of directors.
(2002 Ed.)
23B.08.730
23B.10.030 Amendment of articles of incorporation by board of directors and shareholders.
23B.10.040 Voting on amendments to articles of incorporation by voting
groups.
23B.10.050 Amendment of articles of incorporation before issuance of
shares.
23B.10.060 Articles of amendment.
23B.10.070 Restated articles of incorporation.
23B.10.080 Amendment of articles of incorporation pursuant to reorganization.
23B.10.090 Effect of amendment of articles of incorporation.
23B.10.200 Amendment of bylaws by board of directors or shareholders.
23B.10.210 Bylaw increasing quorum or voting requirements for directors.
23B.10.010 Authority to amend articles of incorporation. (1) A corporation may amend its articles of incorporation at any time to add or change a provision that is
required or permitted in the articles of incorporation or to
delete a provision not required in the articles of incorporation. Whether a provision is required or permitted in the
articles of incorporation is determined as of the effective
date of the amendment.
(2) A shareholder of the corporation does not have a
vested property right resulting from any provision in the
articles of incorporation, including provisions relating to
management, control, capital structure, dividend entitlement,
or purpose or duration of the corporation. [1989 c 165 §
120.]
23B.10.012 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 33; 1998 c 23 § 9.]
23B.10.020 Amendment of articles of incorporation
by board of directors. Unless the articles of incorporation
provide otherwise, a corporation’s board of directors may
adopt one or more amendments to the corporation’s articles
of incorporation without shareholder action:
(1) If the corporation has only one class of shares
outstanding, to provide, change, or eliminate any provision
with respect to the par value of any class of shares;
(2) To delete the names and addresses of the initial
directors;
(3) To delete the name and address of the initial
registered agent or registered office, if a statement of change
is on file with the secretary of state;
(4) If the corporation has only one class of shares
outstanding, solely to change the number of authorized
shares to effectuate a split of, or stock dividend in, the
corporation’s own shares, or solely to do so and to change
the number of authorized shares in proportion thereto;
(5) To change the corporate name; or
(6) To make any other change expressly permitted by
this title to be made without shareholder action. [1989 c 165
§ 121.]
[Title 23B RCW—page 33]
23B.10.030
Title 23B RCW: Washington Business Corporation Act
23B.10.030 Amendment of articles of incorporation
by board of directors and shareholders. (1) A
corporation’s board of directors may propose one or more
amendments to the articles of incorporation for submission
to the shareholders.
(2) For the amendment to be adopted:
(a) The board of directors must recommend the amendment to the shareholders unless the board of directors
determines that because of conflict of interest or other
special circumstances it should make no recommendation
and communicates the basis for its determination to the
shareholders with the amendment; and
(b) The shareholders entitled to vote on the amendment
must approve the amendment as provided in subsection (5)
of this section.
(3) The board of directors may condition its submission
of the proposed amendment on any basis.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders’
meeting in accordance with *RCW 23B.07.050. The notice
of meeting must also state that the purpose, or one of the
purposes, of the meeting is to consider the proposed amendment and contain or be accompanied by a copy of the
amendment.
(5) Unless this title, the articles of incorporation, or the
board of directors, acting pursuant to subsection (3) of this
section, require a greater vote or a vote by voting groups, the
amendment to be adopted must be approved by each voting
group entitled to vote thereon by two-thirds, or, in the case
of a public company, a majority, of all the votes entitled to
be cast by that voting group. The articles of incorporation
of a corporation other than a public company may provide
for a lesser vote than that provided for in this subsection, or
for a lesser vote by separate voting groups, so long as the
vote provided for each voting group entitled to vote separately on the amendment is not less than a majority of all the
votes entitled to be cast on the amendment by that voting
group. [1989 c 165 § 122.]
*Reviser’s note: The reference to "section 62 of this act" has been
translated to "RCW 23B.07.050," the section dealing with notice of
shareholder meetings. A literal translation would have been "RCW
23B.07.030," which appears to be erroneous.
23B.10.040 Voting on amendments to articles of
incorporation by voting groups. (1) The holders of the
outstanding shares of a class are entitled to vote as a
separate voting group, if shareholder voting is otherwise
required by this title, on a proposed amendment if the
amendment would:
(a) Increase or decrease the aggregate number of
authorized shares of the class;
(b) Effect an exchange or reclassification of all or part
of the shares of the class into shares of another class;
(c) Effect an exchange or reclassification, or create the
right of exchange, of all or part of the shares of another
class into shares of the class;
(d) Change the designation, rights, preferences, or
limitations of all or part of the shares of the class;
(e) Change the shares of all or part of the class into a
different number of shares of the same class;
(f) Create a new class of shares having rights or
preferences with respect to distributions or to dissolution that
[Title 23B RCW—page 34]
are prior, superior, or substantially equal to the shares of the
class;
(g) Increase the rights, preferences, or number of
authorized shares of any class that, after giving effect to the
amendment, have rights or preferences with respect to
distributions or to dissolution that are prior, superior, or
substantially equal to the shares of the class;
(h) Limit or deny an existing preemptive right of all or
part of the shares of the class; or
(i) Cancel or otherwise affect rights to distributions or
dividends that have accumulated but not yet been declared
on all or part of the shares of the class.
(2) If a proposed amendment would affect only a series
of a class of shares in one or more of the ways described in
subsection (1) of this section, only the shares of that series
are entitled to vote as a separate voting group on the
proposed amendment.
(3) If a proposed amendment that entitles two or more
series of shares within a class to vote as separate voting
groups under this section would affect those two or more
series in the same or a substantially similar way, the shares
of all the series within the class so affected must vote
together as a single voting group on the proposed amendment.
(4) A class or series of shares is entitled to the voting
rights granted by this section although the articles of
incorporation provide that the shares are nonvoting shares.
[1989 c 165 § 123.]
23B.10.050 Amendment of articles of incorporation
before issuance of shares. If a corporation has not yet
issued shares, its board of directors, or incorporators if initial
directors were not named in the articles of incorporation and
have not been elected, may adopt one or more amendments
to the corporation’s articles of incorporation. [1989 c 165 §
124.]
23B.10.060 Articles of amendment. A corporation
amending its articles of incorporation shall deliver to the
secretary of state for filing articles of amendment setting
forth:
(1) The name of the corporation;
(2) The text of each amendment adopted;
(3) If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for
implementing the amendment if not contained in the amendment itself;
(4) The date of each amendment’s adoption;
(5) If an amendment was adopted by the incorporators
or board of directors without shareholder action, a statement
to that effect and that shareholder action was not required;
and
(6) If shareholder action was required, a statement that
the amendment was duly approved by the shareholders in
accordance with the provisions of RCW 23B.10.030 and
23B.10.040. [1989 c 165 § 125.]
23B.10.070 Restated articles of incorporation. (1)
Any officer of the corporation may restate its articles of
incorporation at any time.
(2002 Ed.)
Amendment of Articles of Incorporation and Bylaws
(2) A restatement may include one or more amendments
to the articles of incorporation. If the restatement includes
an amendment not requiring shareholder approval, it must be
adopted by the board of directors. If the restatement
includes an amendment requiring shareholder approval, it
must be adopted in accordance with RCW 23B.10.030.
(3) If the board of directors submits a restatement for
shareholder action, the corporation shall notify each shareholder, whether or not entitled to vote, of the proposed
shareholders’ meeting in accordance with RCW 23B.07.050.
The notice must also state that the purpose, or one of the
purposes, of the meeting is to consider the proposed restatement and contain or be accompanied by a copy of the
restatement that identifies any amendment or other change it
would make in the articles of incorporation.
(4) A corporation restating its articles of incorporation
shall deliver to the secretary of state for filing articles of
restatement setting forth the name of the corporation and the
text of the restated articles of incorporation together with a
certificate setting forth:
(a) If the restatement does not include an amendment to
the articles of incorporation, a statement to that effect;
(b) If the restatement contains an amendment to the
articles of incorporation not requiring shareholder approval,
a statement that the board of directors adopted the restatement and the date of such adoption;
(c) If the restatement contains an amendment to the
articles of incorporation requiring shareholder approval, the
information required by RCW 23B.10.060; and
(d) Both the articles of restatement and the certificate
must be executed.
(5) Duly adopted restated articles of incorporation
supersede the original articles of incorporation and all
amendments to them.
(6) The secretary of state may certify restated articles of
incorporation, as the articles of incorporation currently in
effect, without including the certificate information required
by subsection (4) of this section. [1991 c 72 § 36; 1989 c
165 § 126.]
23B.10.080 Amendment of articles of incorporation
pursuant to reorganization. (1) A corporation’s articles of
incorporation may be amended without action by the board
of directors or shareholders to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction
under federal statute if the articles of incorporation after
amendment contain only provisions required or permitted by
RCW 23B.02.020.
(2) The individual or individuals designated by the court
shall deliver to the secretary of state for filing articles of
amendment setting forth:
(a) The name of the corporation;
(b) The text of each amendment approved by the court;
(c) The date of the court’s order or decree approving the
articles of amendment;
(d) The title of the reorganization proceeding in which
the order or decree was entered; and
(e) A statement that the court had jurisdiction of the
proceeding under federal statute.
(2002 Ed.)
23B.10.070
(3) Shareholders of a corporation undergoing reorganization do not have dissenters’ rights except as and to the extent
provided in the reorganization plan.
(4) This section does not apply after entry of a final
decree in the reorganization proceeding even though the
court retains jurisdiction of the proceeding for limited
purposes unrelated to consummation of the reorganization
plan. [1989 c 165 § 127.]
23B.10.090 Effect of amendment of articles of
incorporation. An amendment to articles of incorporation
does not affect a cause of action existing against or in favor
of the corporation, a proceeding to which the corporation is
a party, or the existing rights of persons other than shareholders of the corporation. An amendment changing a
corporation’s name does not abate a proceeding brought by
or against the corporation in its former name. [1989 c 165
§ 128.]
23B.10.200 Amendment of bylaws by board of
directors or shareholders. (1) A corporation’s board of
directors may amend or repeal the corporation’s bylaws, or
adopt new bylaws, unless:
(a) The articles of incorporation or this title reserve this
power exclusively to the shareholders in whole or part; or
(b) The shareholders, in amending or repealing a
particular bylaw, provide expressly that the board of directors may not amend or repeal that bylaw.
(2) A corporation’s shareholders may amend or repeal
the corporation’s bylaws, or adopt new bylaws, even though
the bylaws may also be amended or repealed, or new bylaws
may also be adopted, by its board of directors. [1989 c 165
§ 129.]
23B.10.210 Bylaw increasing quorum or voting
requirements for directors. (1) A bylaw that fixes a
greater quorum or voting requirement for the board of
directors may be amended or repealed:
(a) If originally adopted by the shareholders, only by the
shareholders; or
(b) If originally adopted by the board of directors, either
by the shareholders or by the board of directors.
(2) A bylaw adopted or amended by the shareholders
that fixes a greater quorum or voting requirement for the
board of directors may provide that it may be amended or
repealed only by a specified vote of either the shareholders
or the board of directors.
(3) If the corporation is a public company, action by the
board of directors under subsection (1)(b) of this section to
adopt or amend a bylaw that changes the quorum or voting
requirement for the board of directors must meet the quorum
requirement and be adopted by the vote required to take
action under the quorum and voting requirement then in
effect.
(4) If the corporation is not a public company, action by
the board of directors under subsection (1)(b) of this section
to adopt or amend a bylaw that changes the quorum or
voting requirement for the board of directors must meet the
same quorum requirement and be adopted by the same vote
required to take action under the quorum and voting require[Title 23B RCW—page 35]
23B.10.210
Title 23B RCW: Washington Business Corporation Act
ment then in effect or proposed to be adopted, whichever is
greater. [1989 c 165 § 130.]
Chapter 23B.11
MERGER AND SHARE EXCHANGE
Sections
23B.11.010
23B.11.020
23B.11.030
23B.11.040
23B.11.050
23B.11.060
23B.11.070
23B.11.080
23B.11.090
23B.11.100
23B.11.110
Merger.
Share exchange.
Action on plan of merger or share exchange.
Merger of subsidiary.
Articles of merger or share exchange.
Effect of merger or share exchange.
Merger or share exchange with foreign corporation.
Merger.
Articles of merger.
Merger—Corporation is surviving entity.
Merger with foreign and domestic entities—Effect.
23B.11.010 Merger. (1) One or more corporations
may merge into another corporation if the board of directors
of each corporation adopts and its shareholders, if required
by RCW 23B.11.030, approve a plan of merger.
(2) The plan of merger must set forth:
(a) The name of each corporation planning to merge and
the name of the surviving corporation into which each other
corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the shares of
each corporation into shares, obligations, or other securities
of the surviving or any other corporation or into cash or
other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the articles of incorporation of the
surviving corporation; and
(b) Other provisions relating to the merger. [1989 c 165
§ 131.]
23B.11.020 Share exchange. (1) A corporation may
acquire all of the outstanding shares of one or more classes
or series of another corporation if the board of directors of
each corporation adopts and its shareholders, if required by
RCW 23B.11.030, approve the exchange.
(2) The plan of exchange must set forth:
(a) The name of the corporation whose shares will be
acquired and the name of the acquiring corporation;
(b) The terms and conditions of the exchange;
(c) The manner and basis of exchanging the shares to be
acquired for shares, obligations, or other securities of the
acquiring or any other corporation or for cash or other
property in whole or part.
(3) The plan of exchange may set forth other provisions
relating to the exchange.
(4) This section does not limit the power of a corporation to acquire all or part of the shares of one or more
classes or series of another corporation through a voluntary
exchange or otherwise. [1989 c 165 § 132.]
23B.11.030 Action on plan of merger or share
exchange. (1) After adopting a plan of merger or share
exchange, the board of directors of each corporation party to
the merger, and the board of directors of the corporation
[Title 23B RCW—page 36]
whose shares will be acquired in the share exchange, shall
submit the plan of merger, except as provided in subsection
(7) of this section, or share exchange for approval by its
shareholders.
(2) For a plan of merger or share exchange to be
approved:
(a) The board of directors must recommend the plan of
merger or share exchange to the shareholders, unless the
board of directors determines that because of conflict of
interest or other special circumstances it should make no
recommendation and communicates the basis for its determination to the shareholders with the plan; and
(b) The shareholders entitled to vote must approve the
plan.
(3) The board of directors may condition its submission
of the proposed merger or share exchange on any basis.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders’
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of
the meeting is to consider the plan of merger or share
exchange and contain or be accompanied by a copy or
summary of the plan.
(5) Unless this title, the articles of incorporation, or the
board of directors, acting pursuant to subsection (3) of this
section, require a greater vote or a vote by voting groups, the
plan of merger to be authorized must be approved by each
voting group entitled to vote separately on the plan by twothirds of all the votes entitled to be cast on the plan by that
voting group. The articles of incorporation may provide for
a lesser vote than that provided in this subsection, or for a
lesser vote by separate voting groups, so long as the vote
provided for each voting group entitled to vote separately on
the plan of merger is not less than a majority of all the votes
entitled to be cast on the plan of merger by that voting
group. Separate voting by voting groups is required on a
plan of merger if the plan contains a provision that, if
contained in a proposed amendment to articles of incorporation, would require action by one or more separate voting
groups on the proposed amendment under RCW 23B.10.040.
(6) Unless this title, the articles of incorporation, or the
board of directors, acting pursuant to subsection (3) of this
section, require a greater vote or a vote by voting groups, the
plan of share exchange to be authorized must be approved
by each voting group entitled to vote separately on the plan
by two-thirds of all the votes entitled to be cast on the plan
by that voting group. The articles of incorporation may
provide for a lesser vote than that provided in this subsection, or for a lesser vote by separate voting groups, so long
as the vote provided for each voting group entitled to vote
separately on the plan of share exchange is not less than a
majority of all the votes entitled to be cast on the plan of
share exchange by that voting group. Separate voting by
voting groups is required on a plan of share exchange by
each class or series of shares included in the exchange, with
each class or series constituting a separate voting group.
(7) Action by the shareholders of the surviving corporation on a plan of merger is not required if:
(a) The articles of incorporation of the surviving
corporation will not differ, except for amendments enumerated in RCW 23B.10.020, from its articles of incorporation
before the merger;
(2002 Ed.)
Merger and Share Exchange
(b) Each shareholder of the surviving corporation whose
shares were outstanding immediately before the effective
date of the merger will hold the same number of shares, with
identical designations, preferences, limitations, and relative
rights, immediately after the merger;
(c) The number of voting shares outstanding immediately after the merger, plus the number of voting shares
issuable as a result of the merger, either by the conversion
of securities issued pursuant to the merger or the exercise of
rights and warrants issued pursuant to the merger, will not
exceed the total number of voting shares of the surviving
corporation authorized by its articles of incorporation
immediately before the merger; and
(d) The number of participating shares outstanding
immediately after the merger, plus the number of participating shares issuable as a result of the merger, either by the
conversion of securities issued pursuant to the merger or the
exercise of rights and warrants issued pursuant to the
merger, will not exceed the total number of participating
shares authorized by its articles of incorporation immediately
before the merger.
(8) As used in subsection (7) of this section:
(a) "Participating shares" means shares that entitle their
holders to participate without limitation in distributions.
(b) "Voting shares" means shares that entitle their
holders to vote unconditionally in elections of directors.
(9) After a merger or share exchange is authorized, and
at any time before articles of merger or share exchange are
filed, the planned merger or share exchange may be abandoned, subject to any contractual rights, without further
shareholder action, in accordance with the procedure set
forth in the plan of merger or share exchange or, if none is
set forth, in the manner determined by the board of directors.
[1989 c 165 § 133.]
23B.11.040 Merger of subsidiary. (1) A parent
corporation owning at least ninety percent of the outstanding
shares of each class of a subsidiary corporation may merge
the subsidiary into itself without approval of the shareholders
of the parent or subsidiary.
(2) The board of directors of the parent shall adopt a
plan of merger that sets forth:
(a) The names of the parent and subsidiary; and
(b) The manner and basis of converting the shares of the
subsidiary into shares, obligations, or other securities of the
parent or any other corporation or into cash or other property
in whole or part.
(3) Within ten days after the corporate action is taken,
the parent shall deliver a notice to each shareholder of the
subsidiary, which notice shall include a copy of the plan of
merger.
(4) Articles of merger under this section may not
contain amendments to the articles of incorporation of the
parent corporation, except for amendments enumerated in
RCW 23B.10.020. [2002 c 297 § 34; 1989 c 165 § 134.]
23B.11.050 Articles of merger or share exchange.
After a plan of merger or share exchange is approved by the
shareholders, or adopted by the board of directors if shareholder approval is not required, the surviving or acquiring
(2002 Ed.)
23B.11.030
corporation shall deliver to the secretary of state for filing
articles of merger or share exchange setting forth:
(1) The plan of merger or share exchange;
(2) If shareholder approval was not required, a statement
to that effect; or
(3) If approval of the shareholders of one or more
corporations party to the merger or share exchange was
required, a statement that the merger or share exchange was
duly approved by the shareholders pursuant to RCW
23B.11.030. [1989 c 165 § 135.]
23B.11.060 Effect of merger or share exchange. (1)
When a merger takes effect:
(a) Every other corporation party to the merger merges
into the surviving corporation and the separate existence of
every corporation except the surviving corporation ceases;
(b) The title to all real estate and other property owned
by each corporation party to the merger is vested in the
surviving corporation without reversion or impairment;
(c) The surviving corporation has all liabilities of each
corporation party to the merger;
(d) A proceeding pending against any corporation party
to the merger may be continued as if the merger did not
occur or the surviving corporation may be substituted in the
proceeding for the corporation whose existence ceased;
(e) The articles of incorporation of the surviving
corporation are amended to the extent provided in the plan
of merger; and
(f) The former holders of the shares of every corporation party to the merger are entitled only to the rights
provided in the articles of merger or to their rights under
chapter 23B.13 RCW.
(2) When a share exchange takes effect, the shares of
each acquired corporation are exchanged as provided in the
plan, and the former holders of the shares are entitled only
to the exchange rights provided in the articles of share
exchange or to their rights under chapter 23B.13 RCW.
[1989 c 165 § 136.]
23B.11.070 Merger or share exchange with foreign
corporation. (1) One or more foreign corporations may
merge or enter into a share exchange with one or more
domestic corporations if:
(a) In a merger, the merger is permitted by the law of
the state or country under whose law each foreign corporation is incorporated and each foreign corporation complies
with that law in effecting the merger;
(b) In a share exchange, the corporation whose shares
will be acquired is a domestic corporation, whether or not a
share exchange is permitted by the law of the state or
country under whose law the acquiring corporation is
incorporated;
(c) The foreign corporation complies with RCW
23B.11.050 if it is the surviving corporation of the merger or
acquiring corporation of the share exchange; and
(d) Each domestic corporation complies with the
applicable provisions of RCW 23B.11.010 through
23B.11.040 and, if it is the surviving corporation of the
merger or acquiring corporation of the share exchange, with
RCW 23B.11.050.
[Title 23B RCW—page 37]
23B.11.070
Title 23B RCW: Washington Business Corporation Act
(2) Upon the merger or share exchange taking effect,
the surviving foreign corporation of a merger and the
acquiring foreign corporation of a share exchange is deemed:
(a) To appoint the secretary of state as its agent for
service of process in a proceeding to enforce any obligation
or the rights of dissenting shareholders of each domestic
corporation party to the merger or share exchange; and
(b) To agree that it will promptly pay to the dissenting
shareholders of each domestic corporation party to the
merger or share exchange the amount, if any, to which they
are entitled under chapter 23B.13 RCW.
(3) This section does not limit the power of a foreign
corporation to acquire all or part of the shares of one or
more classes or series of a domestic corporation through a
voluntary exchange or otherwise. [1989 c 165 § 137.]
23B.11.080 Merger. (1) One or more domestic
corporations may merge with one or more limited liability
companies, partnerships, or limited partnerships if:
(a) The board of directors of each corporation adopts
and the shareholders of each corporation approve, if approval
would be necessary, the plan of merger as required by RCW
23B.11.030;
(b) The partners of each limited partnership approve the
plan of merger as required by RCW 25.10.810;
(c) The partners of each partnership approve the plan of
merger as required by RCW 25.05.375; and
(d) The members of each limited liability company
approve, if approval is necessary, the plan of merger as
required by RCW 25.15.400.
(2) The plan of merger must set forth:
(a) The name of each limited liability company, partnership, corporation, and limited partnership planning to merge
and the name of the surviving limited liability company,
partnership, corporation, or limited partnership into which
each other limited liability company, partnership, corporation, or limited partnership plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the shares of
each corporation, the member interests of each limited
liability company, and the partnership interests in each
partnership and each limited partnership into shares, limited
liability company member interests, partnership interests,
obligations[,] or other securities of the surviving limited
liability company, partnership, corporation, or limited
partnership, or into cash or other property, including shares,
obligations, or securities of any other limited liability
company, partnership, or corporation, and partnership
interests, obligations, or securities of any other limited
partnership, in whole or in part.
(3) The plan of merger may set forth:
(a) Amendments to the articles of incorporation of the
surviving corporation;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership; and
(c) Other provisions relating to the merger. [1998 c 103
§ 1310; 1991 c 269 § 38.]
23B.11.090 Articles of merger. After a plan of
merger for one or more corporations and one or more
limited partnerships, one or more partnerships, or one or
[Title 23B RCW—page 38]
more limited liability companies is approved by the shareholders of each corporation (or adopted by the board of
directors of any corporation for which shareholder approval
is not required), is approved by the partners for each limited
partnership as required by RCW 25.10.810, is approved by
the partners of each partnership as required by RCW
25.05.380, or is approved by the members of each limited
liability company as required by RCW 25.15.400, the surviving entity must:
(1) If the surviving entity is a corporation, file with the
secretary of state articles of merger setting forth:
(a) The plan of merger;
(b) A statement that the merger was duly approved by
the shareholders of each corporation pursuant to RCW
23B.11.030 (or a statement that shareholder approval was not
required for a merging corporation); and
(c) A statement that the merger was duly approved by
the partners of each limited partnership pursuant to RCW
25.10.810.
(2) If the surviving entity is a limited partnership,
comply with the requirements in RCW 25.10.820.
(3) If the surviving entity is a partnership, comply with
the requirements in RCW 25.05.380.
(4) If the surviving entity is a limited liability company,
comply with the requirements in RCW 25.15.405. [1998 c
103 § 1311; 1991 c 269 § 39.]
23B.11.100 Merger—Corporation is surviving
entity. When a merger of one or more corporations, one or
more limited partnerships, one or more partnerships, or one
or more limited liability companies takes effect, and a corporation is the surviving entity:
(1) Every other corporation, every limited partnership,
every partnership, and every limited liability company party
to the merger merges into the surviving corporation and the
separate existence of every corporation except the surviving
corporation, and every limited partnership, partnership, and
limited liability company, ceases;
(2) The title to all real estate and other property owned
by each corporation, limited partnership, partnership, and
limited liability company party to the merger is vested in the
surviving corporation without reversion or impairment;
(3) The surviving corporation has all the liabilities of
each corporation, limited partnership, partnership, and limited
liability company party to the merger;
(4) A proceeding pending against any corporation,
limited partnership, partnership, or limited liability company
party to the merger may be continued as if the merger did
not occur or the surviving corporation may be substituted in
the proceeding for the corporation, limited partnership,
partnership, or limited liability company whose existence
ceased;
(5) The articles of incorporation of the surviving
corporation are amended to the extent provided in the plan
of merger;
(6) The former holders of the shares of every corporation party to the merger are entitled only to the rights
provided in the plan of merger or to their rights under
chapter 23B.13 RCW; and
(7) The former holders of partnership interests of every
limited partnership or partnership party to the merger and the
(2002 Ed.)
Merger and Share Exchange
former holders of member interests of every limited liability
company party to the merger are entitled only to the rights
provided in the plan of merger or to their rights under
chapter 25.10 RCW. [1998 c 103 § 1312; 1991 c 269 § 40.]
23B.11.110 Merger with foreign and domestic
entities—Effect. (1) One or more foreign limited partnerships, foreign corporations, foreign partnerships, and foreign
limited liability companies may merge with one or more
domestic partnerships, domestic limited liability companies,
domestic limited partnerships, or domestic corporations,
provided that:
(a) The merger is permitted by the law of the jurisdiction under which each foreign limited partnership was
organized and the law of the state or country under which
each foreign corporation was incorporated and each foreign
limited partnership or foreign corporation complies with that
law in effecting the merger;
(b) If the surviving entity is a foreign or domestic
corporation, that corporation complies with RCW
23B.11.090;
(c) If the surviving entity is a foreign or domestic
limited partnership, that limited partnership complies with
RCW 25.10.820;
(d) Each domestic corporation complies with RCW
23B.11.080;
(e) Each domestic limited partnership complies with
RCW 25.10.810;
(f) Each domestic limited liability company complies
with RCW 25.15.400; and
(g) Each domestic partnership complies with RCW
25.05.375.
(2) Upon the merger taking effect, a surviving foreign
corporation, foreign limited partnership, foreign limited
liability corporation, or foreign partnership is deemed:
(a) To appoint the secretary of state as its agent for
service of process in a proceeding to enforce any obligation
or the rights of dissenting shareholders or partners of each
domestic corporation, domestic limited partnership, domestic
limited liability company, or domestic partnership party to
the merger; and
(b) To agree that it will promptly pay to the dissenting
shareholders or partners of each domestic corporation,
domestic limited partnership, domestic limited liability
company, or domestic partnership party to the merger the
amount, if any, to which they are entitled under chapter
23B.13 RCW, in the case of dissenting shareholders, or
under chapter 25.10, 25.15, or 25.05 RCW, in the case of
dissenting partners. [1998 c 103 § 1313; 1991 c 269 § 41.]
Chapter 23B.12
SALE OF ASSETS
Sections
23B.12.010
23B.12.020
Sale of assets in regular course of business and mortgage of
assets.
Sale of assets other than in the regular course of business.
23B.12.010 Sale of assets in regular course of
business and mortgage of assets. (1) A corporation may
(2002 Ed.)
23B.11.100
on the terms and conditions and for the consideration
determined by the board of directors:
(a) Sell, lease, exchange, or otherwise dispose of all, or
substantially all, of its property in the usual and regular
course of business; or
(b) Mortgage, pledge, dedicate to the repayment of
indebtedness, whether with or without recourse, or otherwise
encumber any or all of its property whether or not in the
usual and regular course of business.
(2) Unless the articles of incorporation require it,
approval by the shareholders of a transaction described in
subsection (1) of this section is not required. [1990 c 178 §
12; 1989 c 165 § 138.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.12.020 Sale of assets other than in the regular
course of business. (1) A corporation may sell, lease,
exchange, or otherwise dispose of all, or substantially all, of
its property, otherwise than in the usual and regular course
of business, on the terms and conditions and for the consideration determined by the corporation’s board of directors,
if the board of directors proposes and its shareholders
approve the proposed transaction.
(2) For a transaction to be authorized:
(a) The board of directors must recommend the proposed transaction to the shareholders unless the board of
directors determines that because of conflict of interest or
other special circumstances it should make no recommendation and communicates the basis for its determination to the
shareholders with the submission of the proposed transaction;
and
(b) The shareholders entitled to vote must approve the
transaction.
(3) The board of directors may condition its submission
of the proposed transaction on any basis.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders’
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of
the meeting is to consider the sale, lease, exchange, or other
disposition of all, or substantially all, the property of the
corporation and contain or be accompanied by a description
of the transaction.
(5) Unless the articles of incorporation or the board of
directors, acting pursuant to subsection (3) of this section,
require a greater vote or a vote by voting groups, the
transaction to be authorized must be approved by two-thirds
of all the votes entitled to be cast on the transaction. The
articles of incorporation may provide for a lesser vote than
that provided for in this subsection, or for a lesser vote by
separate voting groups, so long as the vote provided for each
voting group entitled to vote separately on the transaction is
not less than a majority of all the votes entitled to be cast on
the transaction by that voting group.
(6) After a sale, lease, exchange, or other disposition of
property is authorized, the transaction may be abandoned,
subject to any contractual rights, without further shareholder
action.
(7) A transaction that constitutes a distribution is
governed by RCW 23B.06.400 and not by this section.
[1989 c 165 § 139.]
[Title 23B RCW—page 39]
Chapter 23B.13
Title 23B RCW: Washington Business Corporation Act
Chapter 23B.13
DISSENTERS’ RIGHTS
Sections
23B.13.010
23B.13.020
23B.13.030
23B.13.200
23B.13.210
23B.13.220
23B.13.230
23B.13.240
23B.13.250
23B.13.260
23B.13.270
23B.13.280
23B.13.300
23B.13.310
Definitions.
Right to dissent.
Dissent by nominees and beneficial owners.
Notice of dissenters’ rights.
Notice of intent to demand payment.
Dissenters’ rights—Notice.
Duty to demand payment.
Share restrictions.
Payment.
Failure to take action.
After-acquired shares.
Procedure if shareholder dissatisfied with payment or offer.
Court action.
Court costs and counsel fees.
23B.13.010 Definitions. As used in this chapter:
(1) "Corporation" means the issuer of the shares held by
a dissenter before the corporate action, or the surviving or
acquiring corporation by merger or share exchange of that
issuer.
(2) "Dissenter" means a shareholder who is entitled to
dissent from corporate action under RCW 23B.13.020 and
who exercises that right when and in the manner required by
RCW 23B.13.200 through 23B.13.280.
(3) "Fair value," with respect to a dissenter’s shares,
means the value of the shares immediately before the
effective date of the corporate action to which the dissenter
objects, excluding any appreciation or depreciation in anticipation of the corporate action unless exclusion would be
inequitable.
(4) "Interest" means interest from the effective date of
the corporate action until the date of payment, at the average
rate currently paid by the corporation on its principal bank
loans or, if none, at a rate that is fair and equitable under all
the circumstances.
(5) "Record shareholder" means the person in whose
name shares are registered in the records of a corporation or
the beneficial owner of shares to the extent of the rights
granted by a nominee certificate on file with a corporation.
(6) "Beneficial shareholder" means the person who is a
beneficial owner of shares held in a voting trust or by a
nominee as the record shareholder.
(7) "Shareholder" means the record shareholder or the
beneficial shareholder. [1989 c 165 § 140.]
23B.13.020 Right to dissent. (1) A shareholder is
entitled to dissent from, and obtain payment of the fair value
of the shareholder’s shares in the event of, any of the
following corporate actions:
(a) Consummation of a plan of merger to which the
corporation is a party (i) if shareholder approval is required
for the merger by RCW 23B.11.030, 23B.11.080, or the
articles of incorporation and the shareholder is entitled to
vote on the merger, or (ii) if the corporation is a subsidiary
that is merged with its parent under RCW 23B.11.040;
(b) Consummation of a plan of share exchange to which
the corporation is a party as the corporation whose shares
will be acquired, if the shareholder is entitled to vote on the
plan;
[Title 23B RCW—page 40]
(c) Consummation of a sale or exchange of all, or
substantially all, of the property of the corporation other than
in the usual and regular course of business, if the shareholder is entitled to vote on the sale or exchange, including a
sale in dissolution, but not including a sale pursuant to court
order or a sale for cash pursuant to a plan by which all or
substantially all of the net proceeds of the sale will be
distributed to the shareholders within one year after the date
of sale;
(d) An amendment of the articles of incorporation that
materially reduces the number of shares owned by the
shareholder to a fraction of a share if the fractional share so
created is to be acquired for cash under RCW 23B.06.040;
or
(e) Any corporate action taken pursuant to a shareholder
vote to the extent the articles of incorporation, bylaws, or a
resolution of the board of directors provides that voting or
nonvoting shareholders are entitled to dissent and obtain
payment for their shares.
(2) A shareholder entitled to dissent and obtain payment
for the shareholder’s shares under this chapter may not
challenge the corporate action creating the shareholder’s
entitlement unless the action fails to comply with the
procedural requirements imposed by this title, RCW
25.10.900 through 25.10.955, the articles of incorporation, or
the bylaws, or is fraudulent with respect to the shareholder
or the corporation.
(3) The right of a dissenting shareholder to obtain
payment of the fair value of the shareholder’s shares shall
terminate upon the occurrence of any one of the following
events:
(a) The proposed corporate action is abandoned or
rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the corporate action; or
(c) The shareholder’s demand for payment is withdrawn
with the written consent of the corporation. [1991 c 269 §
37; 1989 c 165 § 141.]
23B.13.030 Dissent by nominees and beneficial
owners. (1) A record shareholder may assert dissenters’
rights as to fewer than all the shares registered in the
shareholder’s name only if the shareholder dissents with
respect to all shares beneficially owned by any one person
and delivers to the corporation a notice of the name and
address of each person on whose behalf the shareholder
asserts dissenters’ rights. The rights of a partial dissenter
under this subsection are determined as if the shares as to
which the dissenter dissents and the dissenter’s other shares
were registered in the names of different shareholders.
(2) A beneficial shareholder may assert dissenters’ rights
as to shares held on the beneficial shareholder’s behalf only
if:
(a) The beneficial shareholder submits to the corporation
the record shareholder’s consent to the dissent not later than
the time the beneficial shareholder asserts dissenters’ rights,
which consent shall be set forth either (i) in a record or (ii)
if the corporation has designated an address, location, or
system to which the consent may be electronically transmitted and the consent is electronically transmitted to the
(2002 Ed.)
Dissenters’ Rights
designated address, location, or system, in an electronically
transmitted record; and
(b) The beneficial shareholder does so with respect to
all shares of which such shareholder is the beneficial
shareholder or over which such shareholder has power to
direct the vote. [2002 c 297 § 35; 1989 c 165 § 142.]
23B.13.200 Notice of dissenters’ rights. (1) If proposed corporate action creating dissenters’ rights under RCW
23B.13.020 is submitted to a vote at a shareholders’ meeting,
the meeting notice must state that shareholders are or may be
entitled to assert dissenters’ rights under this chapter and be
accompanied by a copy of this chapter.
(2) If corporate action creating dissenters’ rights under
RCW 23B.13.020 is taken without a vote of shareholders,
the corporation, within ten days after the effective date of
such corporate action, shall deliver a notice to all
shareholders entitled to assert dissenters’ rights that the
action was taken and send them the notice described in
RCW 23B.13.220. [2002 c 297 § 36; 1989 c 165 § 143.]
23B.13.210 Notice of intent to demand payment.
(1) If proposed corporate action creating dissenters’ rights
under RCW 23B.13.020 is submitted to a vote at a
shareholders’ meeting, a shareholder who wishes to assert
dissenters’ rights must (a) deliver to the corporation before
the vote is taken notice of the shareholder’s intent to demand
payment for the shareholder’s shares if the proposed action
is effected, and (b) not vote such shares in favor of the
proposed action.
(2) A shareholder who does not satisfy the requirements
of subsection (1) of this section is not entitled to payment
for the shareholder’s shares under this chapter. [2002 c 297
§ 37; 1989 c 165 § 144.]
23B.13.220 Dissenters’ rights—Notice. (1) If
proposed corporate action creating dissenters’ rights under
RCW 23B.13.020 is authorized at a shareholders’ meeting,
the corporation shall deliver a notice to all shareholders who
satisfied the requirements of RCW 23B.13.210.
(2) The notice must be sent within ten days after the
effective date of the corporate action, and must:
(a) State where the payment demand must be sent and
where and when certificates for certificated shares must be
deposited;
(b) Inform holders of uncertificated shares to what extent transfer of the shares will be restricted after the payment
demand is received;
(c) Supply a form for demanding payment that includes
the date of the first announcement to news media or to
shareholders of the terms of the proposed corporate action
and requires that the person asserting dissenters’ rights certify whether or not the person acquired beneficial ownership
of the shares before that date;
(d) Set a date by which the corporation must receive the
payment demand, which date may not be fewer than thirty
nor more than sixty days after the date the notice in subsection (1) of this section is delivered; and
(e) Be accompanied by a copy of this chapter. [2002 c
297 § 38; 1989 c 165 § 145.]
(2002 Ed.)
23B.13.030
23B.13.230 Duty to demand payment. (1) A
shareholder sent a notice described in RCW 23B.13.220
must demand payment, certify whether the shareholder
acquired beneficial ownership of the shares before the date
required to be set forth in the notice pursuant to RCW
23B.13.220(2)(c), and deposit the shareholder’s certificates,
all in accordance with the terms of the notice.
(2) The shareholder who demands payment and deposits
the shareholder’s share certificates under subsection (1) of
this section retains all other rights of a shareholder until the
proposed corporate action is effected.
(3) A shareholder who does not demand payment or
deposit the shareholder’s share certificates where required,
each by the date set in the notice, is not entitled to payment
for the shareholder’s shares under this chapter. [2002 c 297
§ 39; 1989 c 165 § 146.]
23B.13.240 Share restrictions. (1) The corporation
may restrict the transfer of uncertificated shares from the
date the demand for their payment is received until the
proposed corporate action is effected or the restriction is
released under RCW 23B.13.260.
(2) The person for whom dissenters’ rights are asserted
as to uncertificated shares retains all other rights of a
shareholder until the effective date of the proposed corporate
action. [1989 c 165 § 147.]
23B.13.250 Payment. (1) Except as provided in
RCW 23B.13.270, within thirty days of the later of the
effective date of the proposed corporate action, or the date
the payment demand is received, the corporation shall pay
each dissenter who complied with RCW 23B.13.230 the
amount the corporation estimates to be the fair value of the
shareholder’s shares, plus accrued interest.
(2) The payment must be accompanied by:
(a) The corporation’s balance sheet as of the end of a
fiscal year ending not more than sixteen months before the
date of payment, an income statement for that year, a
statement of changes in shareholders’ equity for that year,
and the latest available interim financial statements, if any;
(b) An explanation of how the corporation estimated the
fair value of the shares;
(c) An explanation of how the interest was calculated;
(d) A statement of the dissenter’s right to demand
payment under RCW 23B.13.280; and
(e) A copy of this chapter. [1989 c 165 § 148.]
23B.13.260 Failure to take action. (1) If the corporation does not effect the proposed action within sixty days
after the date set for demanding payment and depositing
share certificates, the corporation shall return the deposited
certificates and release any transfer restrictions imposed on
uncertificated shares.
(2) If after returning deposited certificates and releasing
transfer restrictions, the corporation wishes to undertake the
proposed action, it must send a new dissenters’ notice under
RCW 23B.13.220 and repeat the payment demand procedure.
[1989 c 165 § 149.]
23B.13.270 After-acquired shares. (1) A corporation
may elect to withhold payment required by RCW
[Title 23B RCW—page 41]
23B.13.270
Title 23B RCW: Washington Business Corporation Act
23B.13.250 from a dissenter unless the dissenter was the
beneficial owner of the shares before the date set forth in the
dissenters’ notice as the date of the first announcement to
news media or to shareholders of the terms of the proposed
corporate action.
(2) To the extent the corporation elects to withhold
payment under subsection (1) of this section, after taking the
proposed corporate action, it shall estimate the fair value of
the shares, plus accrued interest, and shall pay this amount
to each dissenter who agrees to accept it in full satisfaction
of the dissenter’s demand. The corporation shall send with
its offer an explanation of how it estimated the fair value of
the shares, an explanation of how the interest was calculated,
and a statement of the dissenter’s right to demand payment
under RCW 23B.13.280. [1989 c 165 § 150.]
23B.13.280 Procedure if shareholder dissatisfied
with payment or offer. (1) A dissenter may deliver a
notice to the corporation informing the corporation of the
dissenter’s own estimate of the fair value of the dissenter’s
shares and amount of interest due, and demand payment of
the dissenter’s estimate, less any payment under RCW
23B.13.250, or reject the corporation’s offer under RCW
23B.13.270 and demand payment of the dissenter’s estimate
of the fair value of the dissenter’s shares and interest due, if:
(a) The dissenter believes that the amount paid under
RCW 23B.13.250 or offered under RCW 23B.13.270 is less
than the fair value of the dissenter’s shares or that the
interest due is incorrectly calculated;
(b) The corporation fails to make payment under RCW
23B.13.250 within sixty days after the date set for demanding payment; or
(c) The corporation does not effect the proposed action
and does not return the deposited certificates or release the
transfer restrictions imposed on uncertificated shares within
sixty days after the date set for demanding payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the corporation of the dissenter’s demand under subsection (1) of this
section within thirty days after the corporation made or
offered payment for the dissenter’s shares. [2002 c 297 §
40; 1989 c 165 § 151.]
23B.13.300 Court action. (1) If a demand for
payment under RCW 23B.13.280 remains unsettled, the
corporation shall commence a proceeding within sixty days
after receiving the payment demand and petition the court to
determine the fair value of the shares and accrued interest.
If the corporation does not commence the proceeding within
the sixty-day period, it shall pay each dissenter whose
demand remains unsettled the amount demanded.
(2) The corporation shall commence the proceeding in
the superior court of the county where a corporation’s
principal office, or, if none in this state, its registered office,
is located. If the corporation is a foreign corporation
without a registered office in this state, it shall commence
the proceeding in the county in this state where the registered office of the domestic corporation merged with or
whose shares were acquired by the foreign corporation was
located.
[Title 23B RCW—page 42]
(3) The corporation shall make all dissenters, whether
or not residents of this state, whose demands remain unsettled, parties to the proceeding as in an action against their
shares and all parties must be served with a copy of the
petition. Nonresidents may be served by registered or
certified mail or by publication as provided by law.
(4) The corporation may join as a party to the proceeding any shareholder who claims to be a dissenter but who
has not, in the opinion of the corporation, complied with the
provisions of this chapter. If the court determines that such
shareholder has not complied with the provisions of this
chapter, the shareholder shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced under subsection (2) of this section is plenary
and exclusive. The court may appoint one or more persons
as appraisers to receive evidence and recommend decision on
the question of fair value. The appraisers have the powers
described in the order appointing them, or in any amendment
to it. The dissenters are entitled to the same discovery rights
as parties in other civil proceedings.
(6) Each dissenter made a party to the proceeding is
entitled to judgment (a) for the amount, if any, by which the
court finds the fair value of the dissenter’s shares, plus
interest, exceeds the amount paid by the corporation, or (b)
for the fair value, plus accrued interest, of the dissenter’s
after-acquired shares for which the corporation elected to
withhold payment under RCW 23B.13.270. [1989 c 165 §
152.]
23B.13.310 Court costs and counsel fees. (1) The
court in a proceeding commenced under RCW 23B.13.300
shall determine all costs of the proceeding, including the
reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the
corporation, except that the court may assess the costs
against all or some of the dissenters, in amounts the court
finds equitable, to the extent the court finds the dissenters
acted arbitrarily, vexatiously, or not in good faith in demanding payment under RCW 23B.13.280.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the corporation and in favor of any or all
dissenters if the court finds the corporation did not substantially comply with the requirements of RCW 23B.13.200
through 23B.13.280; or
(b) Against either the corporation or a dissenter, in favor
of any other party, if the court finds that the party against
whom the fees and expenses are assessed acted arbitrarily,
vexatiously, or not in good faith with respect to the rights
provided by chapter 23B.13 RCW.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should
not be assessed against the corporation, the court may award
to these counsel reasonable fees to be paid out of the
amounts awarded the dissenters who were benefited. [1989
c 165 § 153.]
(2002 Ed.)
Dissolution
Chapter 23B.14
DISSOLUTION
Sections
23B.14.010
23B.14.020
23B.14.030
23B.14.040
23B.14.050
23B.14.060
23B.14.200
23B.14.203
23B.14.210
23B.14.220
23B.14.300
23B.14.310
23B.14.320
23B.14.330
23B.14.340
23B.14.390
23B.14.392
23B.14.400
Dissolution by initial directors or incorporators.
Dissolution by board of directors and shareholders.
Articles of dissolution.
Revocation of dissolution.
Effect of dissolution.
Known claims against a dissolved corporation.
Administrative dissolution—Grounds.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
Administrative dissolution—Procedure and effect.
Reinstatement following administrative dissolution—
Application.
Judicial dissolution—Grounds.
Judicial dissolution—Procedure.
Receivership or custodianship.
Decree of dissolution—Other orders, decrees, and injunctions—Revenue clearance certificate.
Survival of remedy after dissolution.
Secretary of state—List of dissolved corporations.
Certificate of authority as insurance company—Filing of
records.
Deposit with state treasurer.
23B.14.010 Dissolution by initial directors or
incorporators. A majority of the initial directors, or, if
initial directors were not named in the articles of incorporation and have not been elected, the incorporators of a
corporation that either has not issued shares or has not
commenced business may dissolve the corporation by delivering to the secretary of state for filing:
(1) A copy of a revenue clearance certificate issued
pursuant to RCW 82.32.260; and
(2) Articles of dissolution that set forth:
(a) The name of the corporation;
(b) The date of its incorporation;
(c) Either (i) that none of the corporation’s shares have
been issued or (ii) that the corporation has not commenced
business;
(d) That no debt of the corporation remains unpaid;
(e) That the net assets of the corporation remaining after
winding up have been distributed to the shareholders, if
shares were issued; and
(f) That a majority of the initial directors authorized the
dissolution, or that initial directors were not named in the
articles of incorporation and have not been elected and a
majority of incorporators authorized the dissolution. [1989
c 165 § 154.]
23B.14.020 Dissolution by board of directors and
shareholders. (1) A corporation’s board of directors may
propose dissolution for submission to the shareholders.
(2) For a proposal to dissolve to be adopted:
(a) The board of directors must recommend dissolution
to the shareholders unless the board of directors determines
that because of conflict of interest or other special circumstances it should make no recommendation and communicates the basis for its determination to the shareholders; and
(2002 Ed.)
Chapter 23B.14
(b) The shareholders entitled to vote must approve the
proposal to dissolve as provided in subsection (5) of this
section.
(3) The board of directors may condition its submission
of the proposal for dissolution on any basis.
(4) The corporation shall notify each shareholder,
whether or not entitled to vote, of the proposed shareholders’
meeting in accordance with RCW 23B.07.050. The notice
must also state that the purpose, or one of the purposes, of
the meeting is to consider dissolving the corporation.
(5) Unless the articles of incorporation or the board of
directors, acting pursuant to subsection (3) of this section,
require a greater vote or a vote by voting groups, the
proposal to dissolve must be approved by two-thirds of all
the votes entitled to be cast on that proposal in order to be
adopted. The articles of incorporation may provide for a
lesser vote than that provided for in this subsection, or for a
lesser vote by separate voting groups, so long as the vote
provided for each voting group entitled to vote separately on
the proposal to dissolve is not less than a majority of all the
votes entitled to be cast on the proposal by that voting
group. [1989 c 165 § 155.]
23B.14.030 Articles of dissolution. (1) At any time
after dissolution is authorized, the corporation may dissolve
by delivering to the secretary of state for filing:
(a) A copy of a revenue clearance certificate issued
pursuant to RCW 82.32.260; and
(b) Articles of dissolution setting forth:
(i) The name of the corporation;
(ii) The date dissolution was authorized; and
(iii) If shareholder approval was required for dissolution,
a statement that dissolution was duly approved by the
shareholders in accordance with RCW 23B.14.020.
(2) A corporation is dissolved upon the effective date of
its articles of dissolution. [1989 c 165 § 156.]
23B.14.040 Revocation of dissolution. (1) A corporation may revoke its dissolution within one hundred twenty
days of its effective date.
(2) Revocation of dissolution must be authorized in the
same manner as the dissolution was authorized unless that
authorization permitted revocation by action of the board of
directors alone, in which event the board of directors may
revoke the dissolution without shareholder action.
(3) After the revocation of dissolution is authorized, the
corporation may revoke the dissolution by delivering to the
secretary of state for filing articles of revocation of dissolution, together with a copy of its articles of dissolution, that
set forth:
(a) The name of the corporation and a statement that
such name satisfies the requirements of RCW 23B.04.010;
if the name is not available, the corporation must file articles
of amendment changing its name with the articles of revocation of dissolution;
(b) The effective date of the dissolution that was
revoked;
(c) The date that the revocation of dissolution was
authorized;
(d) If the corporation’s board of directors, or incorporators, revoked the dissolution, a statement to that effect;
[Title 23B RCW—page 43]
23B.14.040
Title 23B RCW: Washington Business Corporation Act
(e) If the corporation’s board of directors revoked a
dissolution authorized by the shareholders, a statement that
revocation was permitted by action by the board of directors
alone pursuant to that authorization; and
(f) If shareholder action was required to revoke the
dissolution, a statement that revocation of the dissolution was
duly approved by the shareholders in accordance with RCW
23B.14.040(2) and 23B.14.020.
(4) Revocation of dissolution is effective upon the
effective date of the articles of revocation of dissolution.
(5) When the revocation of dissolution is effective, it relates back to and takes effect as of the effective date of the
dissolution and the corporation resumes carrying on its
business as if dissolution had never occurred. [1989 c 165
§ 157.]
23B.14.050 Effect of dissolution. (1) A dissolved
corporation continues its corporate existence but may not
carry on any business except that appropriate to wind up and
liquidate its business and affairs, including:
(a) Collecting its assets;
(b) Disposing of its properties that will not be distributed in kind to its shareholders;
(c) Discharging or making provision for discharging its
liabilities;
(d) Distributing its remaining property among its
shareholders according to their interests; and
(e) Doing every other act necessary to wind up and
liquidate its business and affairs.
(2) Dissolution of a corporation does not:
(a) Transfer title to the corporation’s property;
(b) Prevent transfer of its shares or securities, although
the authorization to dissolve may provide for closing the
corporation’s share transfer records;
(c) Subject its directors or officers to standards of
conduct different from those prescribed in chapter 23B.08
RCW;
(d) Change quorum or voting requirements for its board
of directors or shareholders; change provisions for selection,
resignation, or removal of its directors or officers or both; or
change provisions for amending its bylaws;
(e) Prevent commencement of a proceeding by or
against the corporation in its corporate name;
(f) Abate or suspend a proceeding pending by or against
the corporation on the effective date of dissolution; or
(g) Terminate the authority of the registered agent of the
corporation. [1989 c 165 § 158.]
23B.14.060 Known claims against a dissolved
corporation. (1) A dissolved corporation may dispose of
the known claims against it by following the procedure described in this section.
(2) The dissolved corporation shall notify its known
claimants in writing of the dissolution at any time after its
effective date. The written notice must:
(a) Describe information that must be included in a
claim;
(b) Provide a mailing address where a claim may be
sent;
(c) State the deadline, which may not be fewer than one
hundred twenty days from the effective date of the written
[Title 23B RCW—page 44]
notice, by which the dissolved corporation must receive the
claim; and
(d) State that the claim will be barred if not received by
the deadline.
(3) A claim against the dissolved corporation is barred:
(a) If a claimant who was given written notice under
subsection (2) of this section does not deliver the claim to
the dissolved corporation by the deadline; or
(b) If a claimant whose claim was rejected by the
dissolved corporation does not commence a proceeding to
enforce the claim within ninety days from the effective date
of the rejection notice.
(4) For purposes of this section, "claim" does not
include a contingent liability or a claim based on an event
occurring after the effective date of dissolution. [1989 c 165
§ 159.]
23B.14.200 Administrative dissolution—Grounds.
The secretary of state may administratively dissolve a
corporation under RCW 23B.14.210 if:
(1) The corporation does not pay any license fees or
penalties, imposed by this title, when they become due;
(2) The corporation does not deliver its completed initial
report or annual report to the secretary of state when it is
due;
(3) The corporation is without a registered agent or
registered office in this state;
(4) The corporation does not notify the secretary of state
that its registered agent or registered office has been
changed, that its registered agent has resigned, or that its
registered office has been discontinued;
(5) The corporation’s period of duration stated in its
articles of incorporation expired after July 1, 1990; or
(6) The corporation’s period of duration stated in its
articles of incorporation expired prior to July 1, 1990, but
the corporation has timely paid all license fees imposed by
this title and set by rule by the secretary, has timely filed
annual reports with the secretary of state, has never been
without a registered agent or registered office in this state for
sixty days or more, and has never failed to notify the
secretary of state of changes in a registered agent or registered office within sixty days of such change. [1994 c 287
§ 7; 1991 c 72 § 37; 1990 c 178 § 5; 1989 c 165 § 160.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.14.203 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. (1) Any county, city,
town, district, or other political subdivision of the state, or
the state of Washington or any department or agency of the
state, may apply to the secretary of state for the administrative dissolution, or the revocation of a certificate of authority, of any corporation using a name that is not distinguishable from the name of the applicant for dissolution. The
application must state the precise legal name of the governmental entity and its date of formation and the applicant
shall mail a copy to the corporation’s registered agent. If
the name of the corporation is not distinguishable from the
name of the applicant, then, except as provided in subsection
(4) of this section, the secretary shall commence proceedings
(2002 Ed.)
Dissolution
23B.14.203
for administrative dissolution under RCW 23B.14.210 or
revocation of the certificate of authority.
(2) A name may not be considered distinguishable by
virtue of:
(a) A variation in any of the following designations, or
in the order in which the designation appears with respect to
other words in the name: "County"; "city"; "town"; "district"; or "department";
(b) The addition of any of the designations listed in
RCW 23B.04.010(1)(a);
(c) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(d) Punctuation, capitalization, or special characters or
symbols in the same name; or
(e) Use of an abbreviation or the plural form of a word
in the same name.
(3)(a) The following are not distinguishable for purposes
of this section:
(i) "City of Anytown" and "City of Anytown, Inc."; and
(ii) "City of Anytown" and "Anytown City."
(b) The following are distinguishable for purposes of
this section:
(i) "City of Anytown" and "Anytown, Inc.";
(ii) "City of Anytown" and "The Anytown Company";
and
(iii) "City of Anytown" and "Anytown Cafe, Inc."
(4) If the corporation that is the subject of the application was incorporated or certified before the formation of the
applicant as a governmental entity, then this section applies
only if the applicant for dissolution provides a certified copy
of a final judgment of a court of competent jurisdiction
determining that the applicant holds a superior property right
to the name than does the corporation.
(5) The duties of the secretary of state under this section
are ministerial. [1997 c 12 § 1.]
ly dissolved under RCW 23B.14.210 may apply to the
secretary of state for reinstatement within five years after the
effective date of dissolution. The application must:
(a) Recite the name of the corporation and the effective
date of its administrative dissolution;
(b) State that the ground or grounds for dissolution
either did not exist or have been eliminated; and
(c) State that the corporation’s name satisfies the
requirements of RCW 23B.04.010.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the corporation and give the corporation
written notice of the reinstatement that recites the effective
date of reinstatement. If the name is not available, the
corporation must file articles of amendment changing its
name with its application for reinstatement.
(3) When the reinstatement is effective, it relates back
to and takes effect as of the effective date of the administrative dissolution and the corporation resumes carrying on its
business as if the administrative dissolution had never
occurred.
(4) The application must be authorized either by action
of the shareholders, or of the corporation’s board of directors, membership in both groups determined as of the date
of administrative dissolution. If vacancies in the board of
directors occur after the date of dissolution, the shareholders,
or the remaining directors, even if less than a quorum of the
board, may fill the vacancies. A special meeting of the
shareholders for purposes of authorizing the application for
reinstatement, or for purposes of electing directors, may be
called by any person who was an officer, director, or
shareholder of the corporation at the time of administrative
dissolution. [1995 c 47 § 2; 1989 c 165 § 162.]
23B.14.210 Administrative dissolution—Procedure
and effect. (1) If the secretary of state determines that one
or more grounds exist under RCW 23B.14.200 for dissolving
a corporation, the secretary of state shall give the corporation
written notice of the determination by first-class mail,
postage prepaid.
(2) If the corporation does not correct each ground for
dissolution or demonstrate to the reasonable satisfaction of
the secretary of state that each ground determined by the
secretary of state does not exist within sixty days after notice
is effective, the secretary of state shall administratively
dissolve the corporation and give the corporation written
notice of the dissolution that recites the ground or grounds
therefor and its effective date.
(3) A corporation administratively dissolved continues
its corporate existence but may not carry on any business
except that necessary to wind up and liquidate its business
and affairs under RCW 23B.14.050 and notify claimants
under RCW 23B.14.060.
(4) The administrative dissolution of a corporation does
not terminate the authority of its registered agent. [1989 c
165 § 161.]
23B.14.300 Judicial dissolution—Grounds. The
superior courts may dissolve a corporation:
(1) In a proceeding by the attorney general if it is established that:
(a) The corporation obtained its articles of incorporation
through fraud; or
(b) The corporation has continued to exceed or abuse
the authority conferred upon it by law;
(2) In a proceeding by a shareholder if it is established
that:
(a) The directors are deadlocked in the management of
the corporate affairs, the shareholders are unable to break the
deadlock, and irreparable injury to the corporation is threatened or being suffered, or the business and affairs of the
corporation can no longer be conducted to the advantage of
the shareholders generally, because of the deadlock;
(b) The directors or those in control of the corporation
have acted, are acting, or will act in a manner that is illegal,
oppressive, or fraudulent;
(c) The shareholders are deadlocked in voting power
and have failed, for a period that includes at least two
consecutive annual meeting dates, to elect successors to
directors whose terms have expired, and irreparable injury to
the corporation is threatened or being suffered, or the
business and affairs of the corporation can no longer be
23B.14.220 Reinstatement following administrative
dissolution—Application. (1) A corporation administrative(2002 Ed.)
[Title 23B RCW—page 45]
23B.14.300
Title 23B RCW: Washington Business Corporation Act
conducted to the advantage of the shareholders generally,
because of the deadlock;
(d) The corporate assets are being misapplied or wasted;
or
(e) The corporation has ceased all business activity and
has failed, within a reasonable time, to dissolve, to liquidate
its assets, or to distribute its remaining assets among its
shareholders;
(3) In a proceeding by a creditor if it is established that:
(a) The creditor’s claim has been reduced to judgment,
the execution on the judgment was returned unsatisfied, and
the corporation is insolvent; or
(b) The corporation has admitted in writing that the
creditor’s claim is due and owing and the corporation is
insolvent; or
(4) In a proceeding by the corporation to have its
voluntary dissolution continued under court supervision.
[1995 c 47 § 3; 1993 c 290 § 3; 1989 c 165 § 163.]
23B.14.310 Judicial dissolution—Procedure. (1)
Venue for any proceeding to dissolve a corporation brought
by any party named in RCW 23B.14.300 lies in the county
where a corporation’s registered office is or was last located.
(2) It is not necessary to make shareholders or directors
parties to a proceeding to dissolve a corporation unless relief
is sought against them individually.
(3) A court in a proceeding brought to dissolve a
corporation may issue injunctions, appoint a receiver or
custodian pendente lite with all powers and duties the court
directs, take other action required to preserve the corporate
assets wherever located, and carry on the business of the
corporation until a full hearing can be held. [1989 c 165 §
164.]
23B.14.320 Receivership or custodianship. (1) A
court in a judicial proceeding brought to dissolve a corporation may appoint one or more receivers to wind up and
liquidate, or one or more custodians to manage, the business
and affairs of the corporation. The court shall hold a
hearing, after notifying all parties to the proceeding and any
interested persons designated by the court, before appointing
a receiver or custodian. The court appointing a receiver or
custodian has exclusive jurisdiction over the corporation and
all of its property wherever located.
(2) The court may appoint an individual or a domestic
or foreign corporation, authorized to transact business in this
state, as a receiver or custodian. The court may require the
receiver or custodian to post bond, with or without sureties,
in an amount the court directs.
(3) The court shall describe the powers and duties of the
receiver or custodian in its appointing order, which may be
amended from time to time. Among other powers:
(a) The receiver (i) may dispose of all or any part of the
assets of the corporation wherever located, at a public or
private sale, if authorized by the court, and (ii) may sue and
defend in the receiver’s own name as receiver of the
corporation in all courts of this state; and
(b) The custodian may exercise all of the powers of the
corporation, through or in place of its board of directors or
officers, to the extent necessary to manage the affairs of the
[Title 23B RCW—page 46]
corporation in the best interests of its shareholders and
creditors.
(4) The court, during a receivership, may redesignate the
receiver a custodian, and during a custodianship may
redesignate the custodian a receiver, if doing so is in the best
interests of the corporation, its shareholders, and creditors.
(5) The court from time to time during the receivership
or custodianship may order compensation paid and expense
disbursements or reimbursements made to the receiver or
custodian and counsel from the assets of the corporation or
proceeds from the sale of the assets. [1989 c 165 § 165.]
23B.14.330 Decree of dissolution—Other orders,
decrees, and injunctions—Revenue clearance certificate.
(1) If after a hearing the court determines that one or more
grounds for judicial dissolution described in RCW
23B.14.300 exist, it may enter a decree dissolving the
corporation and specifying the effective date of the dissolution, or, with or without ordering dissolution, may make such
other orders and decrees and issue such injunctions in the
case as justice and equity require.
(2) The court shall not enter or sign any decree of
dissolution until it receives a copy of a revenue clearance
certificate for the corporation issued pursuant to RCW
82.32.260.
(3) If the court enters a decree of dissolution, the petitioner or moving party shall deliver a certified copy of the
decree and a copy of the revenue clearance certificate to the
secretary of state, who shall file them. The court shall then
direct the winding up and liquidation of the corporation’s
business and affairs in accordance with RCW 23B.14.050.
[1995 c 47 § 4; 1989 c 165 § 166.]
23B.14.340 Survival of remedy after dissolution.
The dissolution of a corporation either: (1) By the filing by
the secretary of state of its articles of dissolution, (2) by
administrative dissolution by the secretary of state, (3) by a
decree of court, or (4) by expiration of its period of duration
shall not take away or impair any remedy available against
such corporation, its directors, officers, or shareholders, for
any right or claim existing, or any liability incurred, prior to
such dissolution if action or other proceeding thereon is
commenced within two years after the date of such dissolution. Any such action or proceeding against the corporation
may be defended by the corporation in its corporate name.
[1995 c 47 § 5; 1990 c 178 § 6; 1989 c 165 § 167.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.14.390 Secretary of state—List of dissolved
corporations. On the first day of each month, the secretary
of state shall prepare a list of corporations dissolved during
the preceding month pursuant to RCW 23B.14.030,
23B.14.210, and 23B.14.330. [1995 c 47 § 8.]
23B.14.392 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
(2002 Ed.)
Dissolution
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 41; 1998 c 23 § 10.]
23B.14.400 Deposit with state treasurer. Assets of
a dissolved corporation that should be transferred to a
creditor, claimant, or shareholder of the corporation who
cannot be found or who is not competent to receive them
may be reduced to cash and deposited with the state treasurer for safekeeping. If assets are transferred to the state
treasurer, and if the creditor, claimant, or shareholder
furnishes satisfactory proof of entitlement to the amount
deposited, the state treasurer or other appropriate state
official shall pay such person or such person’s representative
that amount. [1989 c 165 § 168.]
Chapter 23B.15
FOREIGN CORPORATIONS
Sections
23B.15.010
23B.15.015
23B.15.020
23B.15.030
23B.15.032
23B.15.040
23B.15.050
23B.15.060
23B.15.070
23B.15.080
23B.15.090
23B.15.100
23B.15.200
23B.15.300
23B.15.310
Authority to transact business required.
Foreign degree-granting institution branch campus—Acts
not deemed transacting business in state.
Consequences of transacting business without authority.
Application for certificate of authority.
Certificate of authority as insurance company—Filing of
records.
Amended certificate of authority.
Effect of certificate of authority.
Corporate name of foreign corporation.
Registered office and registered agent of foreign corporation.
Change of registered office or registered agent of foreign
corporation.
Resignation of registered agent of foreign corporation.
Service on foreign corporation.
Withdrawal of foreign corporation.
Revocation—Grounds.
Revocation—Procedure and effect.
23B.15.010 Authority to transact business required.
(1) Unless it is otherwise authorized to transact business
pursuant to a state or federal statute, a foreign corporation
may not transact business in this state until it obtains a
certificate of authority from the secretary of state.
(2) The following activities, among others, do not
constitute transacting business within the meaning of
subsection (1) of this section:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the
settlement thereof or the settlement of claims or disputes;
(b) Holding meetings of the board of directors or
shareholders or carrying on other activities concerning
internal corporate affairs;
(c) Maintaining bank accounts, share accounts in savings
and loan associations, custodian or agency arrangements with
a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining offices or agencies for the transfer, exchange, and registration of the corporation’s own securities
or maintaining trustees or depositaries with respect to those
securities;
(e) Selling through independent contractors;
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where the orders
(2002 Ed.)
23B.14.392
require acceptance outside this state before becoming binding
contracts and where the contracts do not involve any local
performance other than delivery and installation;
(g) Making loans or creating or acquiring evidences of
debt, mortgages, or liens on real or personal property, or
recording same;
(h) Securing or collecting debts or enforcing mortgages
and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Conducting an isolated transaction that is completed
within thirty days and that is not one in the course of
repeated transactions of a like nature;
(k) Transacting business in interstate commerce;
(l) Owning and controlling a subsidiary corporation
incorporated in or transacting business within this state; or
(m) Operating an approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW and in accordance with RCW 23B.15.015.
(3) The list of activities in subsection (2) of this section
is not exhaustive. [1993 c 181 § 11; 1990 c 178 § 7; 1989
c 165 § 169.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.015 Foreign degree-granting institution
branch campus—Acts not deemed transacting business in
state. In addition to those acts that are specified in RCW
23B.15.010(2), a foreign degree-granting institution that
establishes an approved branch campus in the state under
chapter 28B.90 RCW shall not be deemed to transact
business in the state solely because it:
(1) Owns and controls an incorporated branch campus
in this state;
(2) Pays the expenses of tuition, or room and board
charged by the incorporated branch campus for its students
enrolled at the branch campus or contributes to the capital
thereof; or
(3) Provides personnel who furnish assistance and
counsel to its students while in the state but who have no
authority to enter into any transactions for or on behalf of
the foreign degree-granting institution. [1993 c 181 § 5.]
23B.15.020 Consequences of transacting business
without authority. (1) Unless it is otherwise authorized to
transact business pursuant to a state or federal statute, a
foreign corporation transacting business in this state without
a certificate of authority may not maintain a proceeding in
any court in this state until it obtains a certificate of authority.
(2) The successor to a foreign corporation that transacted business in this state without a certificate of authority and
the assignee of a cause of action arising out of that business
may not maintain a proceeding based on that cause of action
in any court in this state until the foreign corporation or its
successor obtains a certificate of authority.
(3) A court may stay a proceeding commenced by a
foreign corporation, its successor, or assignee until it
determines whether the foreign corporation or its successor
requires a certificate of authority. If it so determines, the
court may further stay the proceeding until the foreign
corporation or its successor obtains the certificate.
[Title 23B RCW—page 47]
23B.15.020
Title 23B RCW: Washington Business Corporation Act
(4) A foreign corporation which transacts business in
this state without a certificate of authority is liable to this
state, for the years or parts thereof during which it transacted
business in this state without a certificate of authority, in an
amount equal to all fees which would have been imposed by
this title upon such corporation had it applied for and
received a certificate of authority to transact business in this
state as required by this title and thereafter filed all reports
required by this title, plus all penalties imposed by this title
for failure to pay such fees.
(5) Notwithstanding subsections (1) and (2) of this
section, the failure of a foreign corporation to obtain a
certificate of authority does not impair the validity of its
corporate acts or prevent it from defending any proceeding
in this state. [1990 c 178 § 8; 1989 c 165 § 170.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.030 Application for certificate of authority.
(1) A foreign corporation may apply for a certificate of
authority to transact business in this state by delivering an
application to the secretary of state for filing. The application must state:
(a) That the name of the foreign corporation meets the
requirements stated in RCW 23B.15.060;
(b) The name of the state or country under whose law
it is incorporated;
(c) Its date of incorporation and period of duration;
(d) The street address of its principal office;
(e) The street address of its registered office in this state
and the name of its registered agent at that office, in
accordance with RCW 23B.15.070; and
(f) The names and usual business addresses of its
current directors and officers.
(2) The foreign corporation shall deliver with the
completed application a certificate of existence, or a document of similar import, issued no more than sixty days
before the date of the application and duly authenticated by
the secretary of state or other official having custody of
corporate records in the state or country under whose law it
is incorporated. [1989 c 165 § 171.]
23B.15.032 Certificate of authority as insurance
company—Filing of records. For those corporations that
have a certificate of authority, are applying for, or intend to
apply for a certificate of authority from the insurance
commissioner as an insurance company under chapter 48.05
RCW, whenever under this chapter corporate records are
required to be filed with the secretary of state, the records
shall be filed with the insurance commissioner rather than
the secretary of state. [2002 c 297 § 42; 1998 c 23 § 11.]
23B.15.040 Amended certificate of authority. (1) A
foreign corporation authorized to transact business in this
state must obtain an amended certificate of authority from
the secretary of state if it changes:
(a) Its corporate name; or
(b) The period of its duration.
(2) A foreign corporation may apply for an amended
certificate of authority by delivering an application to the
secretary of state for filing that sets forth:
[Title 23B RCW—page 48]
(a) The name of the foreign corporation and the name
in which the corporation is authorized to transact business in
Washington, if different;
(b) The name of the state or country under whose law
it is incorporated;
(c) The date it was authorized to transact business in
this state;
(d) A statement of the change or changes being made;
(e) In the event the change or changes include a name
change to a name that does not meet the requirements of
RCW 23B.15.060, a fictitious name for use in Washington,
and a copy of the resolution of the board of directors, certified by the corporation’s secretary, adopting the fictitious
name; and
(f) A copy of the document filed in the state or country
of incorporation showing that jurisdiction’s "filed" stamp.
[1991 c 72 § 38; 1989 c 165 § 172.]
23B.15.050 Effect of certificate of authority. (1) A
certificate of authority authorizes the foreign corporation to
which it is issued to transact business in this state subject,
however, to the right of the state to revoke the certificate as
provided in this title.
(2) A foreign corporation holding a valid certificate of
authority shall have no greater rights and privileges than a
domestic corporation of like character. Except as otherwise
provided by this title, a foreign corporation is subject to the
same duties, restrictions, penalties, and liabilities now or
later imposed on a domestic corporation of like character.
(3) Except as otherwise provided in *chapter 23B.19
RCW, this title does not authorize this state to regulate the
organization or internal affairs of a foreign corporation
authorized to transact business in this state. [1989 c 165 §
173.]
*Reviser’s note: The reference to "sections 202 through 205 of this
act" has been translated to "chapter 23B.19 RCW," dealing with significant
business transactions. A literal translation would be "RCW 23B.900.010
through 23B.900.040" which appears to be erroneous.
23B.15.060 Corporate name of foreign corporation.
(1) No certificate of authority shall be issued to a foreign
corporation unless the corporate name of such corporation:
(a) Contains the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.";
(b) Does not contain language stating or implying that
the corporation is organized for a purpose other than that
permitted by RCW 23B.03.010 and its articles of incorporation;
(c) Does not contain any of the following words or
phrases: "Bank," "banking," "banker," "trust," "cooperative,"
or any combination of the words "industrial" and "loan," or
any combination of any two or more words "building,"
"savings," "loan," "home," "association," and "society," or
any other words or phrases prohibited by any statute of this
state; and
(d) Except as authorized by subsections (4) and (5) of
this section, is distinguishable upon the records of the
secretary of state from:
(i) The corporate name of a corporation incorporated or
authorized to transact business in this state;
(2002 Ed.)
Foreign Corporations
(ii) A corporate name reserved or registered under
chapter 23B.04 RCW;
(iii) The fictitious name adopted pursuant to subsection
(3) of this section by a foreign corporation authorized to
transact business in this state because its real name is
unavailable;
(iv) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(v) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter
25.10 RCW;
(vii) The name or reserved name of any limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of any limited liability
partnership registered under chapter 25.04 RCW.
(2) A name shall not be considered distinguishable
under the same grounds as provided under RCW
23B.04.010.
(3) If the corporate name of a foreign corporation does
not satisfy the requirements of subsection (1) of this section,
the foreign corporation to obtain or maintain a certificate of
authority to transact business in this state:
(a) May add the word "corporation," "incorporated,"
"company," or "limited," or the abbreviation "corp.," "inc.,"
"co.," or "ltd.," to its corporate name for use in this state; or
(b) May use a fictitious name to transact business in this
state if its real name is unavailable and it delivers to the
secretary of state for filing a copy of the resolution of its
board of directors, certified by its secretary, adopting the
fictitious name.
(4) A foreign corporation may apply to the secretary of
state for authorization to use a name that is not distinguishable upon the records from one or more of the names
described in subsection (1)(d) of this section. The secretary
of state shall authorize use of the name applied for if:
(a) The other corporation, company, holder, limited
liability partnership, or limited partnership consents to the
use in writing and files with the secretary of state documents
necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of
the secretary of state from the name of the applying corporation; or
(b) The applicant delivers to the secretary of state a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant’s right to use the name
applied for in this state.
(5) A foreign corporation may use in this state the
name, including the fictitious name, of another domestic or
foreign corporation that is used in this state if the other
corporation is incorporated or authorized to transact business
in this state and the foreign corporation:
(a) Has merged with the other corporation; or
(b) Has been formed by reorganization of the other
corporation.
(6) If a foreign corporation authorized to transact
business in this state changes its corporate name to one that
does not satisfy the requirements of subsection (1) of this
(2002 Ed.)
23B.15.060
section, it may not transact business in this state under the
changed name until it adopts a name satisfying such requirements and obtains an amended certificate of authority under
RCW 23B.15.040. [1998 c 102 § 2; 1989 c 165 § 174.]
23B.15.070 Registered office and registered agent of
foreign corporation. (1) Each foreign corporation authorized to transact business in this state must continuously
maintain in this state:
(a) A registered office which may be, but need not be,
the same as its place of business in this state. The registered
office shall be at a specific geographic location in this state,
and be identified by number, if any, and street, building
address, or rural route, or, if a commonly known street or
rural route address does not exist, by legal description. A
registered office may not be identified by post office box
number or other nongeographic address. For purposes of
communicating by mail, the secretary of state may permit
the use of a post office address in the same city as the
registered office to be used in conjunction with the registered
office address if the corporation also maintains on file the
specific geographic address of the registered office where
personal service of process may be made.
(b) A registered agent, who may be:
(i) An individual who resides in this state and whose
business office is identical with the registered office;
(ii) A domestic corporation or not-for-profit domestic
corporation whose business office is identical with the
registered office;
(iii) A foreign corporation or foreign not-for-profit
corporation authorized to transact business or conduct affairs
in this state whose business office is identical with the
registered office;
(iv) A domestic limited liability company whose
business office is identical with the registered office; or
(v) A foreign limited liability company authorized to
conduct affairs in this state whose business office is identical
with the registered office.
(2) A registered agent shall not be appointed without
having given prior consent in a record to the appointment.
The consent shall be filed with the secretary of state in such
form as the secretary of state may prescribe. The consent
shall be filed with or as a part of the record first appointing
a registered agent. In the event any individual, corporation,
or limited liability company has been appointed agent
without consent, that person, corporation, or limited liability
company may file a notarized statement attesting to that fact,
and the name shall forthwith be removed from the records.
[2002 c 297 § 43; 1989 c 165 § 175.]
23B.15.080 Change of registered office or registered
agent of foreign corporation. (1) A foreign corporation
authorized to transact business in this state may change its
registered office or registered agent by delivering to the
secretary of state for filing a statement of change that sets
forth:
(a) Its name;
(b) If the current registered office is to be changed, the
street address of its new registered office;
(c) If the current registered agent is to be changed, the
name of its new registered agent and the new agent’s
[Title 23B RCW—page 49]
23B.15.080
Title 23B RCW: Washington Business Corporation Act
consent, either on the statement or attached to it in the
manner and form as the secretary of state may prescribe, to
the appointment; and
(d) That, after the change or changes are made, the
street addresses of its registered office and the business
office of its registered agent will be identical.
(2) If a registered agent changes the street address of the
agent’s business office, the registered agent may change the
street address of the registered office of any foreign corporation for which the agent is the registered agent by notifying
the corporation of the change either (a) in a record or (b) if
the corporation has designated an address, location, or
system to which the notices may be electronically transmitted and the registered agent electronically transmits the
notice to the corporation at the designated address, location,
or system, in an electronically transmitted record, and
delivering to the secretary of state for filing a statement of
change that complies with the requirements of subsection (1)
of this section and recites that the corporation has been
notified of the change. [2002 c 297 § 44; 1989 c 165 §
176.]
23B.15.090 Resignation of registered agent of
foreign corporation. (1) The registered agent of a foreign
corporation may resign as agent by signing and delivering to
the secretary of state for filing a statement of resignation.
The statement of resignation may include a statement that
the registered office is also discontinued.
(2) After filing the statement, the secretary of state shall
mail a copy of the statement to the foreign corporation at its
principal office address shown in its most recent annual
report, or in the application for certificate of authority if no
annual report has been filed.
(3) The agency appointment is terminated, and the
registered office discontinued if so provided, on the thirtyfirst day after the date on which the statement was filed.
[1989 c 165 § 177.]
23B.15.100 Service on foreign corporation. (1) The
registered agent appointed by a foreign corporation authorized to transact business in this state shall be an agent of
such corporation upon whom any process, notice, or demand
required or permitted by law to be served upon the corporation may be served.
(2) The secretary of state shall be an agent of a foreign
corporation upon whom any process, notice, or demand may
be served, if:
(a) The corporation is authorized to transact business in
this state, and it fails to appoint or maintain a registered
agent in this state, or its registered agent cannot with
reasonable diligence be found at the registered office;
(b) The corporation’s authority to transact business in
this state has been revoked under RCW 23B.15.310; or
(c) The corporation has been authorized to transact
business in this state and has withdrawn under RCW
23B.15.200.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the corporation department of the secretary of state’s
office, the process, notice, or demand. In the event any such
[Title 23B RCW—page 50]
process, notice, or demand is served on the secretary of
state, the secretary of state shall immediately cause a copy
thereof to be forwarded by certified mail, addressed to the
secretary of the corporation at its principal office as shown
on the records of the secretary of state. Any service so had
on the secretary of state shall be returnable in not less than
thirty days.
(4) The secretary of state shall keep a record of all
processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state’s action with reference
thereto.
(5) This section does not limit or affect the right to
serve any process, notice, or demand, required or permitted
by law to be served upon a corporation in any other manner
now or hereafter permitted by law. [1989 c 165 § 178.]
23B.15.200 Withdrawal of foreign corporation. (1)
A foreign corporation authorized to transact business in this
state may not withdraw from this state until it obtains a
certificate of withdrawal from the secretary of state.
(2) A foreign corporation authorized to transact business
in this state may apply for a certificate of withdrawal by
delivering an application to the secretary of state for filing.
The application must be accompanied by a copy of a
revenue clearance certificate issued pursuant to RCW
82.32.260, and must set forth:
(a) The name of the foreign corporation and the name
of the state or country under whose law it is incorporated;
(b) That it is not transacting business in this state and
that it surrenders its authority to transact business in this
state;
(c) That it revokes the authority of its registered agent
to accept service on its behalf and appoints the secretary of
state as its agent for service of process in any proceeding
based on a cause of action arising during the time it was
authorized to transact business in this state;
(d) A mailing address to which the secretary of state
may mail a copy of any process served on the secretary of
state under (c) of this subsection; and
(e) A commitment to notify the secretary of state in the
future of any change in its mailing address.
(3) After the withdrawal of the corporation is effective,
service of process on the secretary of state under RCW
23B.15.100 is service on the foreign corporation. [1989 c
165 § 179.]
23B.15.300 Revocation—Grounds. The secretary of
state may revoke the certificate of authority of a foreign
corporation authorized to transact business in this state if:
(1) The foreign corporation does not deliver its completed initial report or annual report to the secretary of state
when it is due;
(2) The foreign corporation does not pay any license
fees or penalties, imposed by this title, when they become
due;
(3) The foreign corporation is without a registered agent
or registered office in this state;
(4) The foreign corporation does not inform the secretary of state under RCW 23B.15.080 or 23B.15.090 that its
registered agent or registered office has changed, that its
(2002 Ed.)
Foreign Corporations
registered agent has resigned, or that its registered office has
been discontinued;
(5) An incorporator, director, officer, or agent of the
foreign corporation signed a document knowing it was false
in any material respect with intent that the document be
delivered to the secretary of state for filing; or
(6) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of corporate records in the state or country under
whose law the foreign corporation is incorporated stating that
it has been dissolved or disappeared as the result of a
merger. [1991 c 72 § 39; 1990 c 178 § 9; 1989 c 165 §
180.]
Effective date—1990 c 178: See note following RCW 23B.01.220.
23B.15.310 Revocation—Procedure and effect. (1)
If the secretary of state determines that one or more grounds
exist under RCW 23B.15.300 for revocation of a certificate
of authority, the secretary of state shall give the foreign
corporation written notice of the determination by first-class
mail, postage prepaid.
(2) If the foreign corporation does not correct each
ground for revocation or demonstrate to the reasonable
satisfaction of the secretary of state that each ground
determined by the secretary of state does not exist within
sixty days after notice is effective, the secretary of state shall
revoke the foreign corporation’s certificate of authority by
signing a certificate of revocation that recites the ground or
grounds for revocation and its effective date. The secretary
of state shall file the original of the certificate and mail a
copy to the foreign corporation.
(3) The authority of a foreign corporation to transact
business in this state ceases on the date shown on the
certificate revoking its certificate of authority.
(4) The secretary of state’s revocation of a foreign
corporation’s certificate of authority appoints the secretary of
state the foreign corporation’s agent for service of process in
any proceeding based on a cause of action which arose
during the time the foreign corporation was authorized to
transact business in this state. Service of process on the
secretary of state under RCW 23B.15.100 is service on the
foreign corporation.
(5) Revocation of a foreign corporation’s certificate of
authority does not terminate the authority of the registered
agent of the corporation. [1989 c 165 § 181.]
Chapter 23B.16
RECORDS AND REPORTS
Sections
23B.16.010
23B.16.020
23B.16.030
23B.16.040
23B.16.200
23B.16.220
Corporate records.
Inspection of records by shareholders.
Scope of inspection right.
Court-ordered inspection.
Financial statements for shareholders.
Initial and annual reports for secretary of state.
23B.16.010 Corporate records. (1) A corporation
shall keep as permanent records minutes of all meetings of
its shareholders and board of directors, a record of all
actions taken by the shareholders or board of directors
(2002 Ed.)
23B.15.300
without a meeting, and a record of all actions taken by a
committee of the board of directors exercising the authority
of the board of directors on behalf of the corporation.
(2) A corporation shall maintain appropriate accounting
records.
(3) A corporation or its agent shall maintain a record of
its shareholders, in a form that permits preparation of a list
of the names and addresses of all shareholders, in alphabetical order by class of shares showing the number and class of
shares held by each.
(4) A corporation shall maintain its records in written
form or in another form capable of conversion into written
form within a reasonable time.
(5) A corporation shall keep a copy of the following
records at its principal office:
(a) Its articles or restated articles of incorporation and
all amendments to them currently in effect;
(b) Its bylaws or restated bylaws and all amendments to
them currently in effect;
(c) The minutes of all shareholders’ meetings, and
records of all action taken by shareholders without a meeting, for the past three years;
(d) The financial statements described in RCW
23B.16.200(1), for the past three years;
(e) All communications in the form of a record to
shareholders generally within the past three years;
(f) A list of the names and business addresses of its
current directors and officers; and
(g) Its initial report or most recent annual report
delivered to the secretary of state under RCW 23B.16.220.
[2002 c 297 § 45; 1991 c 72 § 40; 1989 c 165 § 182.]
23B.16.020 Inspection of records by shareholders.
(1) A shareholder of a corporation is entitled to inspect and
copy, during regular business hours at the corporation’s
principal office, any of the records of the corporation
described in RCW 23B.16.010(5) if the shareholder gives the
corporation notice of the shareholder’s demand at least five
business days before the date on which the shareholder
wishes to inspect and copy.
(2) A shareholder of a corporation is entitled to inspect
and copy, during regular business hours at a reasonable
location specified by the corporation, any of the following
records of the corporation if the shareholder meets the
requirements of subsection (3) of this section and gives the
corporation notice of the shareholder’s demand at least five
business days before the date on which the shareholder
wishes to inspect and copy:
(a) Excerpts from minutes of any meeting of the board
of directors, records of any action of a committee of the
board of directors while exercising the authority of the board
of directors, minutes of any meeting of the shareholders, and
records of action taken by the shareholders or board of
directors without a meeting, to the extent not subject to
inspection under subsection (1) of this section;
(b) Accounting records of the corporation; and
(c) The record of shareholders.
(3) A shareholder may inspect and copy the records
described in subsection (2) of this section only if:
(a) The shareholder’s demand is made in good faith and
for a proper purpose;
[Title 23B RCW—page 51]
23B.16.020
Title 23B RCW: Washington Business Corporation Act
(b) The shareholder describes with reasonable particularity the shareholder’s purpose and the records the shareholder
desires to inspect; and
(c) The records are directly connected with the
shareholder’s purpose.
(4) The right of inspection granted by this section may
not be abolished or limited by a corporation’s articles of
incorporation or bylaws.
(5) This section does not affect:
(a) The right of a shareholder to inspect records under
RCW 23B.07.200 or, if the shareholder is in litigation with
the corporation, to the same extent as any other litigant; or
(b) The power of a court, independently of this title, to
compel the production of corporate records for examination.
(6) For purposes of this section, "shareholder" includes
a beneficial owner whose shares are held in a voting trust or
by a nominee on the beneficial owner’s behalf. [2002 c 297
§ 46; 1989 c 165 § 183.]
23B.16.030 Scope of inspection right. (1) A
shareholder’s agent or attorney has the same inspection and
copying rights as the shareholder.
(2) The right to copy records under *RCW 23B.16.020
includes, if reasonable, the right to receive copies made by
photographic, xerographic, or other means, including copies
in electronic or other nonwritten form if the shareholder so
requests.
(3) The corporation may impose a reasonable charge,
covering the costs of labor and material, for copies of any
records provided to the shareholder. The charge may not
exceed the estimated cost of production or reproduction of
the records.
(4) The corporation may comply with a shareholder’s
demand to inspect the record of shareholders under RCW
23B.16.020(2)(c) by providing the shareholder with a list of
its shareholders that was compiled no earlier than the date of
the shareholder’s demand. [1989 c 165 § 184.]
*Reviser’s note: The reference to "section 184 of this act" has been
translated to "RCW 23B.16.020." A literal translation would be "RCW
23B.16.030" which is the section above and appears to be erroneous.
23B.16.040 Court-ordered inspection. (1) If a
corporation does not allow a shareholder who complies with
RCW 23B.16.020(1) to inspect and copy any records required by that subsection to be available for inspection, the
superior court of the county where the corporation’s principal office, or, if none in this state, its registered office, is
located may summarily order inspection and copying of the
records demanded at the corporation’s expense upon application of the shareholder.
(2) If a corporation does not within a reasonable time
allow a shareholder to inspect and copy any other record, the
shareholder who complies with RCW 23B.16.020 (2) and (3)
may apply to the superior court of the county where the
corporation’s principal office, or, if none in this state, its
registered office, is located for an order to permit inspection
and copying of the records demanded. The court shall
dispose of an application under this subsection on an
expedited basis.
(3) If the court orders inspection and copying of the
records demanded, it shall also order the corporation to pay
the shareholder’s costs, including reasonable counsel fees,
[Title 23B RCW—page 52]
incurred to obtain the order unless the corporation proves
that it refused inspection in good faith because it had a
reasonable basis for doubt about the right of the shareholder
to inspect the records demanded.
(4) If the court orders inspection and copying of the
records demanded, it may impose reasonable restrictions on
the use or distribution of the records by the demanding
shareholder. [1989 c 165 § 185.]
23B.16.200 Financial statements for shareholders.
(1) Not later than four months after the close of each fiscal
year, and in any event prior to the annual meeting of
shareholders, each corporation shall prepare (a) a balance
sheet showing in reasonable detail the financial condition of
the corporation as of the close of its fiscal year, and (b) an
income statement showing the results of its operation during
its fiscal year. Such statements may be consolidated or
combined statements of the corporation and one or more of
its subsidiaries, as appropriate. If financial statements are
prepared by the corporation for any purpose on the basis of
generally accepted accounting principles, the annual statements must also be prepared, and disclose that they are
prepared, on that basis. If financial statements are prepared
only on a basis other than generally accepted accounting
principles, they must be prepared, and disclose that they are
prepared, on the same basis as other reports and statements
prepared by the corporation for the use of others.
(2) Upon request, the corporation shall promptly deliver
to any shareholder a copy of the most recent balance sheet
and income statement, which request shall be set forth either
(a) in a written record or (b) if the corporation has designated an address, location, or system to which the request may
be electronically transmitted and the request is electronically
transmitted to the corporation at the designated address,
location, or system, in an electronically transmitted record.
If prepared for other purposes, the corporation shall also
furnish upon the request a statement of sources and applications of funds, and a statement of changes in shareholders’
equity, for the most recent fiscal year.
(3) If the annual financial statements are reported upon
by a public accountant, the accountant’s report must accompany them. If not, the statements must be accompanied by
a statement of the president or the person responsible for the
corporation’s accounting records:
(a) Stating the person’s reasonable belief whether the
statements were prepared on the basis of generally accepted
accounting principles and, if not, describing the basis of
preparation; and
(b) Describing any respects in which the statements
were not prepared on a basis of accounting consistent with
the basis used for statements prepared for the preceding year.
(4) For purposes of this section, "shareholder" includes
a beneficial owner whose shares are held in a voting trust or
by a nominee on the beneficial owner’s behalf. [2002 c 297
§ 47; 1989 c 165 § 186.]
23B.16.220 Initial and annual reports for secretary
of state. (1) Each domestic corporation, and each foreign
corporation authorized to transact business in this state, shall
deliver to the secretary of state for filing initial and annual
reports that set forth:
(2002 Ed.)
Records and Reports
(a) The name of the corporation and the state or country
under whose law it is incorporated;
(b) The street address of its registered office and the
name of its registered agent at that office in this state;
(c) In the case of a foreign corporation, the address of
its principal office in the state or country under the laws of
which it is incorporated;
(d) The address of the principal place of business of the
corporation in this state;
(e) The names and addresses of its directors, if the
corporation has dispensed with or limited the authority of its
board of directors pursuant to RCW 23B.08.010, in an
agreement authorized under RCW 23B.07.320, or analogous
authority, the names and addresses of persons who will
perform some or all of the duties of the board of directors;
(f) A brief description of the nature of its business; and
(g) The names and addresses of its chairperson of the
board of directors, if any, president, secretary, and treasurer,
or of individuals, however designated, performing the
functions of such officers.
(2) Information in an initial report or an annual report
must be current as of the date the report is executed on
behalf of the corporation.
(3) A corporation’s initial report must be delivered to
the secretary of state within one hundred twenty days of the
date on which the articles of incorporation for a domestic
corporation were filed, or on which a foreign corporation’s
certificate of authority was filed. Subsequent annual reports
must be delivered to the secretary of state on, or prior to, the
date on which the domestic or foreign corporation is required
to pay its annual corporate license fee, and at such additional
times as the corporation elects.
(4)(a) The secretary of state may allow a corporation to
file an annual report through electronic means. If allowed,
the secretary of state shall adopt rules detailing the circumstances under which the electronic filing of such reports shall
be permitted and how such reports may be filed.
(b) For purposes of this section only, a person executing
an electronically filed annual report may deliver the report
to the office of the secretary of state without a signature and
without an exact or conformed copy, but the person’s name
must appear in the electronic filing as the person executing
the filing, and the filing must state the capacity in which the
person is executing the filing. [2001 c 307 § 1; 1993 c 290
§ 5; 1991 c 72 § 41; 1989 c 165 § 187.]
Effective date—2001 c 307: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect May 1,
2001." [2001 c 307 § 5.]
Chapter 23B.17
MISCELLANEOUS PROVISIONS
Sections
23B.17.010
23B.17.030
Application to existing corporations.
Limitation on liability of directors—Indemnification.
23B.17.010 Application to existing corporations. (1)
Unless otherwise provided, this title applies to all domestic
corporations in existence on July 1, 1990, that were incorpo-
(2002 Ed.)
23B.16.220
rated under any general statute of this state providing for
incorporation of corporations for profit.
(2) Unless otherwise provided, a foreign corporation
authorized to transact business in this state on July 1, 1990,
is subject to this title but is not required to obtain a new
certificate of authority to transact business under this title.
[1989 c 165 § 188.]
23B.17.030 Limitation on liability of directors—
Indemnification. The provisions of RCW 23B.08.320 and
23B.08.500 through 23B.08.600 shall apply to any corporation, other than a municipal corporation, incorporated under
the laws of the state of Washington. [1989 c 165 § 190.]
Chapter 23B.18
NONADMITTED ORGANIZATIONS
Sections
23B.18.010
23B.18.020
23B.18.030
23B.18.040
23B.18.050
23B.18.060
Ownership and enforcement of notes secured by real estate
mortgages.
Mortgage foreclosure.
Transacting business.
Service of process.
Service of process—Procedure.
Venue.
23B.18.010 Ownership and enforcement of notes
secured by real estate mortgages. Any corporation, bank,
trust company, mutual savings bank, savings and loan
association, national banking association, or other corporation or association organized and existing under the laws of
the United States or under the laws of any state or territory
of the United States other than the state of Washington,
including, without restriction of the generality of the foregoing description, employee pension fund organizations,
charitable foundations, trust funds, or other funds, foundations or trusts engaged in the investment of moneys, and
trustees of such organizations, foundations, funds or trusts,
and which are not admitted to conduct business in the state
of Washington under the provisions of this title, and which
are not otherwise specifically authorized to transact business
in this state, herein collectively referred to as "nonadmitted
organizations," may purchase, acquire, hold, sell, assign,
transfer, and enforce notes secured by real estate mortgages
covering real property situated in this state and the security
interests thereby provided, and may make commitments to
purchase or acquire such notes so secured. [1989 c 165 §
191.]
23B.18.020 Mortgage foreclosure. Such nonadmitted
organizations shall have the right to foreclose such mortgages under the laws of this state or to receive voluntary
conveyance in lieu of foreclosure, and in the course of such
foreclosure or of such receipt of conveyance in lieu of
foreclosure, to acquire the mortgaged property, and to hold
and own such property and to dispose thereof. Such nonadmitted organizations however, shall not be allowed to
hold, own, and operate said property for a period exceeding
five years. In the event said nonadmitted organizations do
hold, own, and operate said property for a period in excess
of five years, it shall be forthwith required to appoint an
[Title 23B RCW—page 53]
23B.18.020
Title 23B RCW: Washington Business Corporation Act
agent as required by RCW 23B.15.070 for foreign corporations doing business in this state. [1989 c 165 § 192.]
23B.18.030 Transacting business. The activities
authorized by RCW 23B.18.010 and 23B.18.020 by such
nonadmitted organizations shall not constitute "transacting
business" within the meaning of chapter 23B.15 RCW.
[1989 c 165 § 193.]
23B.18.040 Service of process. In any action in law
or equity commenced by the obligor or obligors, it, his, her,
or their assignee or assignees against the said nonadmitted
organizations on the said notes secured by said real estate
mortgages purchased by said nonadmitted organizations,
service of all legal process may be had by serving the
secretary of state of the state of Washington. [1989 c 165
§ 194.]
23B.18.050 Service of process—Procedure. Duplicate copies of legal process against said nonadmitted
organizations shall be served upon the secretary of state by
registered mail. At the time of service the plaintiff shall pay
to the secretary of state twenty-five dollars taxable as costs
in the action and shall also furnish the secretary of state the
home office address of said nonadmitted organization. The
secretary of state shall forthwith send one of the copies of
process by certified mail to the said nonadmitted organization to its home office. The secretary of state shall keep a
record of the day, month, and year of service upon the
secretary of state of all legal process. No proceedings shall
be had against the nonadmitted organization nor shall it be
required to appear, plead, or answer until the expiration of
forty days after the date of service upon the secretary of
state. [1989 c 165 § 195.]
23B.18.060 Venue. Suit upon causes of action arising
against the said nonadmitted organizations shall be brought
in the county where the property is situated which is the
subject of the mortgage purchased by the said nonadmitted
organizations. If the property covered by the said mortgage
is situated in more than one county, venue may be had in
any of said counties where the property lies. [1989 c 165 §
196.]
Chapter 23B.19
SIGNIFICANT BUSINESS TRANSACTIONS
Sections
23B.19.010
23B.19.020
23B.19.030
23B.19.040
23B.19.050
Legislative findings—Intent.
Definitions.
Transaction excluded from chapter—Inadvertent acquisition.
Approval of significant business transaction required—
Violation.
Provisions of chapter additional to other requirements.
23B.19.010 Legislative findings—Intent. The
legislature finds that:
(1) Corporations that offer employment and health,
retirement, and other benefits to citizens of the state of
Washington are vital to the economy of this state and the
well-being of all of its citizens;
[Title 23B RCW—page 54]
(2) The welfare of the employees of these corporations
is of paramount interest and concern to this state;
(3) Many businesses in this state rely on these corporations to purchase goods and services;
(4) Hostile or unfriendly attempts to gain control of or
influence otherwise publicly held corporations can cause
corporate management to dissipate a corporation’s assets in
an effort to resist the takeover by selling or distributing cash
or assets, redeeming stock, or taking other steps to increase
the short-term gain to shareholders and to dissipate energies
required for strategic planning, market development, capital
investment decisions, assessment of technologies, and evaluation of competitive challenges that can damage the longterm interests of shareholders and the economic health of the
state by reducing or eliminating the ability to finance
investments in research and development, new products,
facilities and equipment, and by undermining the planning
process for those purposes;
(5) Hostile or unfriendly attempts to gain control or
influence otherwise publicly held corporations are often
highly leveraged pursuant to financing arrangements which
assume that an acquirer will promptly obtain access to an acquired corporation’s cash or assets and use them, or the
proceeds of their sale, to repay acquisition indebtedness;
(6) Hostile or unfriendly attempts to gain control of or
influence otherwise publicly held corporations can harm the
economy of the state by weakening corporate performance,
and causing unemployment, plant closings, reduced charitable donations, declining population base, reduced income
to fee-supported local government services, reduced tax base,
and reduced income to other businesses; and
(7) The state has a substantial and legitimate interest in
regulating domestic corporations and those foreign corporations that have their most significant business contacts with
this state and in regulating hostile or unfriendly attempts to
gain control of or influence otherwise publicly held domestic
corporations and those foreign corporations that employ a
large number of citizens of the state, pay significant taxes,
and have a substantial economic base in the state.
The legislature intends this chapter to balance the
substantial and legitimate interests of the state in domestic
corporations and those foreign corporations that employ a
large number of citizens of the state and that have a substantial economic base in the state with: The interests of
citizens of other states who own shares of such corporations;
the interests of the state of incorporation of such foreign
corporations in regulating the internal affairs of corporations
incorporated in that state; and the interests of promoting
interstate commerce. To this effect, the legislature intends
to regulate certain transactions between publicly held
corporations and acquiring persons that will tend to harm the
long-term health of domestic corporations and of foreign
corporations that have their principal executive office and a
majority of their assets in this state and that employ a large
number of citizens of this state. [1989 c 165 § 197.]
23B.19.020 Definitions. The definitions in this
section apply throughout this chapter.
(1) "Acquiring person" means a person or group of
persons, other than the target corporation or a subsidiary of
the target corporation, who beneficially owns ten percent or
(2002 Ed.)
Significant Business Transactions
more of the outstanding voting shares of the target corporation. The term "acquiring person" does not include a
person who (a) beneficially owned ten percent or more of
the outstanding voting shares of the target corporation on
March 23, 1988; (b) acquires its shares by gift, inheritance,
or in a transaction in which no consideration is exchanged;
(c) exceeds the ten percent threshold as a result of action
taken solely by the target corporation, such as redemption of
shares, unless that person, by its own action, acquires
additional shares of the target corporation; (d) beneficially
was the owner of ten percent or more of the outstanding
voting shares prior to the time the target corporation had a
class of voting shares registered with the securities and
exchange commission pursuant to section 12 or 15 of the
exchange act; or (e) beneficially was the owner of ten
percent or more of the outstanding voting shares prior to the
time the target corporation amended its articles of incorporation to provide that the corporation shall be subject to the
provisions of this chapter. An agent, bank, broker, nominee,
or trustee for another person, if the other person is not an
acquiring person, who acts in good faith and not for the
purpose of circumventing this chapter, is not an acquiring
person. For the purpose of determining whether a person is
an acquiring person, the number of voting shares of the
target corporation that are outstanding shall include shares
beneficially owned by the person through application of
subsection (4) of this section, but shall not include any other
unissued voting shares of the target corporation which may
be issuable pursuant to any agreement, arrangement, or
understanding; or upon exercise of conversion rights,
warrants, or options; or otherwise.
(2) "Affiliate" means a person who directly or indirectly
controls, or is controlled by, or is under common control
with, a person.
(3) "Announcement date," when used in reference to any
significant business transaction, means the date of the first
public announcement of the final, definitive proposal for
such a significant business transaction.
(4) "Associate" means (a) a domestic or foreign corporation or organization of which a person is an officer, director,
member, or partner or in which a person performs a similar
function; (b) a direct or indirect beneficial owner of ten
percent or more of any class of equity securities of a person;
(c) a trust or estate in which a person has a beneficial
interest or as to which a person serves as trustee or in a
similar fiduciary capacity; and (d) the spouse or a parent or
sibling of a person or a child, grandchild, sibling, parent, or
spouse of any thereof, of a person or an individual having
the same home as a person.
(5) "Beneficial ownership," when used with respect to
any shares, means ownership by a person:
(a) Who, individually or with or through any of its
affiliates or associates, beneficially owns such shares,
directly or indirectly; or
(b) Who, individually or with or through any of its
affiliates or associates, has (i) the right to acquire the shares,
whether the right is exercisable immediately or only after the
passage of time, pursuant to any agreement, arrangement, or
understanding, whether or not in writing, or upon the exercise of conversion rights, exchange rights, warrants or
options, or otherwise. A person is not the beneficial owner
of shares tendered pursuant to a tender or exchange offer
(2002 Ed.)
23B.19.020
made by the person or any of the person’s affiliates or
associates until the tendered shares are accepted for purchase
or exchange; or (ii) the right to vote the shares pursuant to
any agreement, arrangement, or understanding, whether or
not in writing. A person is not the beneficial owner of any
shares under (b)(ii) of this subsection if the agreement, arrangement, or understanding to vote the shares arises solely
from a revocable proxy or consent given in response to a
proxy or consent solicitation made in accordance with the
applicable rules and regulations under the exchange act and
is not then reportable on schedule 13D under the exchange
act, or any comparable or successor report; or
(c) Who has any agreement, arrangement, or understanding, whether or not in writing, for the purpose of acquiring,
holding, voting, except voting pursuant to a revocable proxy
or consent as described in (b)(ii) of this subsection, or
disposing of the shares with any other person who beneficially owns, or whose affiliates or associates beneficially
own, directly or indirectly, the shares.
(6) "Common shares" means any shares other than
preferred shares.
(7) "Consummation date," with respect to any significant
business transaction, means the date of consummation of
such a significant business transaction, or, in the case of a
significant business transaction as to which a shareholder
vote is taken, the later of the business day prior to the vote
or twenty days prior to the date of consummation of such a
significant business transaction.
(8) "Control," "controlling," "controlled by," and "under
common control with," means the possession, directly or
indirectly, of the power to direct or cause the direction of the
management and policies of a person, whether through the
ownership of voting shares, by contract, or otherwise. A
person’s beneficial ownership of ten percent or more of a
domestic or foreign corporation’s outstanding voting shares
shall create a rebuttable presumption that such person has
control of such corporation. However, a person does not
have control of a domestic or foreign corporation if the
person holds voting shares, in good faith and not for the
purpose of circumventing this chapter, as an agent, bank,
broker, nominee, custodian, or trustee for one or more
beneficial owners who do not individually or as a group
have control of such corporation.
(9) "Domestic corporation" means an issuer of voting
shares which is organized under chapter 23B.02 RCW or any
predecessor provision.
(10) "Exchange act" means the federal securities
exchange act of 1934, as amended.
(11) "Market value," in the case of property other than
cash or shares, means the fair market value of the property
on the date in question as determined by the board of
directors of the target corporation in good faith.
(12) "Person" means an individual, domestic or foreign
corporation, partnership, trust, unincorporated association, or
other entity; an affiliate or associate of any such person; or
any two or more persons acting as a partnership, syndicate,
or other group for the purpose of acquiring, holding, or
dispersing of securities of a domestic or foreign corporation.
(13) "Preferred shares" means any class or series of
shares of a target corporation which under the bylaws or
articles of incorporation of such a corporation is entitled to
receive payment of dividends prior to any payment of
[Title 23B RCW—page 55]
23B.19.020
Title 23B RCW: Washington Business Corporation Act
dividends on some other class or series of shares, or is
entitled in the event of any voluntary liquidation, dissolution,
or winding up of the target corporation to receive payment
or distribution of a preferential amount before any payments
or distributions are received by some other class or series of
shares.
(14) "Shares" means any:
(a) Shares or similar security, any certificate of interest,
any participation in any profit sharing agreement, any voting
trust certificate, or any certificate of deposit for shares; and
(b) Security convertible, with or without consideration,
into shares, or any warrant, call, or other option or privilege
of buying shares without being bound to do so, or any other
security carrying any right to acquire, subscribe to, or
purchase shares.
(15) "Significant business transaction" means:
(a) A merger, share exchange, or consolidation of a
target corporation or a subsidiary of a target corporation with
(i) an acquiring person, or (ii) any other domestic or foreign
corporation which is, or after the merger, share exchange, or
consolidation would be, an affiliate or associate of the
acquiring person;
(b) A sale, lease, exchange, mortgage, pledge, transfer,
or other disposition or encumbrance, whether in one transaction or a series of transactions, to or with an acquiring
person or an affiliate or associate of an acquiring person of
assets of a target corporation or a subsidiary of a target
corporation (i) having an aggregate market value equal to
five percent or more of the aggregate market value of all the
assets, determined on a consolidated basis, of the target
corporation, (ii) having an aggregate market value equal to
five percent or more of the aggregate market value of all the
outstanding shares of the target corporation, or (iii) representing five percent or more of the earning power or net
income, determined on a consolidated basis, of the target
corporation;
(c) The termination, while the corporation has an
acquiring person and as a result of the acquiring person’s
acquisition of ten percent or more of the shares of the corporation, of five percent or more of the employees of the target
corporation or its subsidiaries employed in this state, whether
at one time or over the five-year period following the share
acquisition time. For the purposes of (c) of this subsection,
a termination other than an employee’s death or disability or
bona fide voluntary retirement, transfer, resignation, termination for cause under applicable common law principles, or
leave of absence shall be presumed to be a termination
resulting from the acquiring person’s acquisition of shares,
which presumption is rebuttable. A bona fide voluntary
transfer of employees between the target corporation and its
subsidiaries or between its subsidiaries is not a termination
for the purposes of (c) of this subsection;
(d) The issuance, transfer, or redemption by a target
corporation or a subsidiary of a target corporation, whether
in one transaction or a series of transactions, of shares or of
options, warrants, or rights to acquire shares of a target
corporation or a subsidiary of a target corporation to or
beneficially owned by an acquiring person or an affiliate or
associate of an acquiring person except pursuant to the
exercise of warrants or rights to purchase shares offered, or
a dividend, distribution, or redemption paid or made pro rata
to, all shareholders or holders of options, warrants, or rights
[Title 23B RCW—page 56]
to acquire shares of the target corporation, and except for
involuntary redemptions permitted by the target corporation’s
charter or by the law of this state or the state of incorporation;
(e) The liquidation or dissolution of a target corporation
proposed by, or pursuant to an agreement, arrangement, or
understanding, whether or not in writing, with an acquiring
person or an affiliate or associate of an acquiring person;
(f) A reclassification of securities, including, without
limitation, any shares split, shares dividend, or other distribution of shares in respect of stock, or any reverse shares split,
or recapitalization of a target corporation, or a merger or
consolidation of a target corporation with a subsidiary of the
target corporation, or any other transaction, whether or not
with or into or otherwise involving an acquiring person,
proposed by, or pursuant to an agreement, arrangement, or
understanding, whether or not in writing, with an acquiring
person or an affiliate or associate of an acquiring person,
that has the effect, directly or indirectly, of increasing the
proportionate share of the outstanding shares of a class or
series of voting shares or securities convertible into voting
shares of a target corporation or a subsidiary of the target
corporation that is directly or indirectly owned by an
acquiring person or an affiliate or associate of an acquiring
person, except as a result of immaterial changes due to fractional share adjustments; or
(g) A receipt by an acquiring person or an affiliate or
associate of an acquiring person of the benefit, directly or
indirectly, except proportionately as a shareholder of a target
corporation, of loans, advances, guarantees, pledges, or other
financial assistance or tax credits or other tax advantages
provided by or through a target corporation.
(16) "Share acquisition time" means the time at which
a person first becomes an acquiring person of a target
corporation.
(17) "Subsidiary" means a domestic or foreign corporation that has a majority of its outstanding voting shares
owned, directly or indirectly, by another domestic or foreign
corporation.
(18) "Tangible assets" means tangible real and personal
property of all kinds. It shall also include leasehold interests
in tangible real and personal property.
(19) "Target corporation" means:
(a) Every domestic corporation, if:
(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant
to section 12 or 15 of the exchange act; or
(ii) The corporation’s articles of incorporation have been
amended to provide that such a corporation shall be subject
to the provisions of this chapter, if the corporation did not
have a class of voting shares registered with the securities
and exchange commission pursuant to section 12 or 15 of
the exchange act on the effective date of that amendment;
and
(b) Every foreign corporation required to have a
certificate of authority to transact business in this state
pursuant to chapter 23B.15 RCW, if:
(i) The corporation has a class of voting shares registered with the securities and exchange commission pursuant
to section 12 or 15 of the exchange act;
(ii) The corporation’s principal executive office is
located in the state;
(2002 Ed.)
Significant Business Transactions
(iii) The corporation has: (A) More than ten percent of
its shareholders of record resident in the state; or (B) more
than ten percent of its shares owned of record by state
residents; or (C) one thousand or more shareholders of
record resident in the state;
(iv) A majority of the corporation’s employees, together
with those of its subsidiaries, are residents of the state or the
corporation, together with its subsidiaries, employs more
than one thousand residents of the state; and
(v) A majority of the corporation’s tangible assets,
together with those of its subsidiaries, measured by market
value, are located in the state or the corporation, together
with its subsidiaries, has more than fifty million dollars’
worth of tangible assets located in the state.
For purposes of this subsection, the record date for
determining the percentages and numbers of shareholders
and shares shall be the last shareholder record date before
the event requiring that the determination be made. A shareholder record date shall be determined pursuant to the
comparable provision to RCW 23B.07.070 of the law of the
state in which a foreign corporation is incorporated. If a
shareholder record date has not been fixed by the board of
directors within the preceding four months, the determination
shall be made as of the end of the corporation’s most recent
fiscal quarter.
The residence of each shareholder is presumed to be the
address appearing in the records of the corporation. Shares
held of record by brokers or nominees shall be disregarded
for purposes of calculating the percentages and numbers
specified in this subsection. Shares of a corporation allocated to the account of an employee or former employee or
beneficiaries of employees or former employees of a
corporation and held in a plan that is qualified under section
401(a) of the federal internal revenue code of 1986, as
amended, and is a defined contribution plan within the
meaning of section 414(i) of the code shall be deemed, for
the purposes of this subsection, to be held of record by the
employee to whose account such shares are allocated.
A domestic or foreign corporation shall be deemed to be
a target corporation if the domestic or foreign corporation’s
failure to satisfy the requirements of this subsection is
caused by the action of, or is the result of a proposal by, an
acquiring person or affiliate or associate of an acquiring
person.
(20) "Voting shares" means shares of a corporation
entitled to vote generally in the election of directors. [1996
c 155 § 1; 1989 c 165 § 198.]
23B.19.030 Transaction excluded from chapter—
Inadvertent acquisition. This chapter does not apply to a
significant business transaction of a target corporation with
an acquiring person of the target corporation which became
an acquiring person inadvertently, if the acquiring person (1)
as soon as practicable, divests itself of a sufficient amount
of the voting shares of the target corporation so that it no
longer is the beneficial owner, directly or indirectly, of ten
percent or more of the outstanding voting shares of the target
corporation, and (2) would not at any time within the fiveyear period preceding the announcement date of the significant business transaction have been an acquiring person but
(2002 Ed.)
23B.19.020
for the inadvertent acquisition. [1996 c 155 § 2; 1989 c 165
§ 199.]
23B.19.040 Approval of significant business transaction required—Violation. (1)(a) Notwithstanding anything
to the contrary contained in this title, a target corporation
shall not for a period of five years following the acquiring
person’s share acquisition time engage in a significant
business transaction unless it is exempted by RCW
23B.19.030 or unless the significant business transaction or
the purchase of shares made by the acquiring person is
approved prior to the acquiring person’s share acquisition
time by a majority of the members of the board of directors
of the target corporation.
(b) If a good faith proposal for a significant business
transaction is made in writing to the board of directors of the
target corporation prior to the significant business transaction
or prior to the share acquisition time, the board of directors
shall respond in writing, within thirty days or such shorter
period, if any, as may be required by the exchange act setting forth its reasons for its decision regarding the proposal.
If a good faith proposal to purchase shares is made in
writing to the board of directors of the target corporation, the
board of directors, unless it responds affirmatively in writing
within thirty days or a shorter period, if any, as may be
required by the exchange act shall be deemed to have disapproved such share purchase.
(2) Except for a significant business transaction approved under subsection (1) of this section or exempted by
RCW 23B.19.030, in addition to any other requirement, a
target corporation shall not engage at any time in any significant business transaction described in RCW 23B.19.020(15)
(a) or (e) with any acquiring person of such a corporation
other than a significant business transaction that either meets
all of the conditions of (a), (b), and (c) of this subsection or
meets the conditions of (d) of this subsection:
(a) The aggregate amount of the cash and the market
value as of the consummation date of consideration other
than cash to be received per share by holders of outstanding
common shares of such a target corporation in a significant
business transaction is at least equal to the higher of the
following:
(i) The highest per share price paid by such an acquiring
person at a time when the person was the beneficial owner,
directly or indirectly, of five percent or more of the outstanding voting shares of a target corporation, for any shares
of common shares of the same class or series acquired by it:
(A) Within the five-year period immediately prior to the announcement date with respect to a significant business
transaction; or (B) within the five-year period immediately
prior to, or in, the transaction in which the acquiring person
became an acquiring person, whichever is higher plus, in
either case, interest compounded annually from the earliest
date on which the highest per share acquisition price was
paid through the consummation date at the rate for one-year
United States treasury obligations from time to time in
effect; less the aggregate amount of any cash dividends paid,
and the market value of any dividends paid other than in
cash, per share of common shares since the earliest date, up
to the amount of the interest; and
[Title 23B RCW—page 57]
23B.19.040
Title 23B RCW: Washington Business Corporation Act
(ii) The market value per share of common shares on
the announcement date with respect to a significant business
transaction or on the date of the acquiring person’s share
acquisition time, whichever is higher; plus interest compounded annually from such a date through the consummation date at the rate for one-year United States treasury
obligations from time to time in effect; less the aggregate
amount of any cash dividends paid, and the market value of
any dividends paid other than in cash, per share of common
shares since the date, up to the amount of the interest.
(b) The aggregate amount of the cash and the market
value as of the consummation date of consideration other
than cash to be received per share by holders of outstanding
shares of any class or series of shares, other than common
shares, of the target corporation is at least equal to the
highest of the following, whether or not the acquiring person
has previously acquired any shares of such a class or series
of shares:
(i) The highest per share price paid by an acquiring
person at a time when the person was the beneficial owner,
directly or indirectly, of five percent or more of the outstanding voting shares of a resident domestic corporation, for
any shares of the same class or series of shares acquired by
it: (A) Within the five-year period immediately prior to the
announcement date with respect to a significant business
transaction; or (B) within the five-year period immediately
prior to, or in, the transaction in which the acquiring person
became an acquiring person, whichever is higher; plus, in
either case, interest compounded annually from the earliest
date on which the highest per share acquisition price was
paid through the consummation date at the rate for one-year
United States treasury obligations from time to time in
effect; less the aggregate amount of any cash dividends paid,
and the market value of any dividends paid other than in
cash, per share of the same class or series of shares since the
earliest date, up to the amount of the interest;
(ii) The highest preferential amount per share to which
the holders of shares of the same class or series of shares are
entitled in the event of any voluntary liquidation, dissolution,
or winding up of the target corporation, plus the aggregate
amount of any dividends declared or due as to which the
holders are entitled prior to payment of dividends on some
other class or series of shares, unless the aggregate amount
of the dividends is included in the preferential amount; and
(iii) The market value per share of the same class or
series of shares on the announcement date with respect to a
significant business transaction or on the date of the acquiring person’s share acquisition time, whichever is higher; plus
interest compounded annually from such a date through the
consummation date at the rate for one-year United States
treasury obligations from time to time in effect; less the
aggregate amount of any cash dividends paid and the market
value of any dividends paid other than in cash, per share of
the same class or series of shares since the date, up to the
amount of the interest.
(c) The consideration to be received by holders of a
particular class or series of outstanding shares, including
common shares, of the target corporation in a significant
business transaction is in cash or in the same form as the
acquiring person has used to acquire the largest number of
shares of the same class or series of shares previously
[Title 23B RCW—page 58]
acquired by the person, and the consideration shall be
distributed promptly.
(d) The significant business transaction is approved at
an annual meeting of shareholders, or special meeting of
shareholders called for such a purpose, no earlier than five
years after the acquiring person’s share acquisition time, by
a majority of the votes entitled to be counted within each
voting group entitled to vote separately on the transaction.
The votes of all outstanding shares entitled to vote under this
title or the articles of incorporation shall be entitled to be
counted under this subsection except that the votes of shares
as to which an acquiring person has beneficial ownership or
voting control may not be counted to determine whether
shareholders have approved a transaction for purposes of this
subsection. The votes of shares as to which an acquiring
person has beneficial ownership or voting control shall,
however, be counted in determining whether a transaction is
approved under other sections of this title and for purposes
of determining a quorum.
(3) Subsection (2) of this section does not apply to a
target corporation that on June 6, 1996, had a provision in its
articles of incorporation, adopted under *RCW
23B.17.020(3)(d), expressly electing not to be covered under
*RCW 23B.17.020, which is repealed by section 6, chapter
155, Laws of 1996.
(4) A significant business transaction that is made in
violation of subsection (1) or (2) of this section and that is
not exempt under RCW 23B.19.030 is void. [1997 c 19 §
3; 1996 c 155 § 3; 1989 c 165 § 200.]
*Reviser’s note: RCW 23B.17.020 was repealed by 1996 c 155 § 6.
23B.19.050 Provisions of chapter additional to other
requirements. The requirements imposed by this chapter
are to be in addition to, and not in lieu of, requirements
imposed on a transaction by any provision in the articles of
incorporation or the bylaws of the target corporation, or otherwise. [1989 c 165 § 201.]
Chapter 23B.900
CONSTRUCTION
Sections
23B.900.010
23B.900.020
23B.900.030
23B.900.040
23B.900.050
Savings provisions—1989 c 165.
Severability—1989 c 165.
Repealer—1989 c 165.
Effective date—1989 c 165.
Section headings—1989 c 165.
23B.900.010 Savings provisions—1989 c 165. (1)
Except as provided in subsection (2) of this section, the
repeal of a statute by this title does not affect:
(a) The operation of the statute or any action taken
under it before its repeal;
(b) Any ratification, right, remedy, privilege, obligation,
or liability acquired, accrued, or incurred under the statute
before its repeal;
(c) Any violation of the statute, or any penalty, forfeiture, or punishment incurred because of the violation, before
its repeal; or
(d) Any proceeding, reorganization, or dissolution
commenced under the statute before its repeal, and the
(2002 Ed.)
Construction
23B.900.010
proceeding, reorganization, or dissolution may be completed
in accordance with the statute as if it had not been repealed.
(2) If a penalty or punishment imposed for violation of
a statute repealed by this title is reduced by this title, the
penalty or punishment if not already imposed shall be
imposed in accordance with this title. [1989 c 165 § 202.]
23B.900.020 Severability—1989 c 165. If any
provision of this title or its application to any person or
circumstance is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions or
applications of the title that can be given effect without the
invalid provision or application, and to this end the provisions of the title are severable. [1989 c 165 § 203.]
23B.900.030 Repealer—1989 c 165. See 1989 c 165
§ 204.
23B.900.040 Effective date—1989 c 165. This title
shall take effect July 1, 1990. [1989 c 165 § 205.]
23B.900.050 Section headings—1989 c 165. Section
headings as used in this title do not constitute any part of the
law. [1989 c 165 § 206.]
(2002 Ed.)
[Title 23B RCW—page 59]
Title 24
CORPORATIONS AND ASSOCIATIONS (NONPROFIT)
Chapters
24.03
Washington nonprofit corporation act.
24.06
Nonprofit miscellaneous and mutual corporations act.
24.12
Corporations sole.
24.20
Fraternal societies.
24.24
Building corporations composed of fraternal
society members.
24.28
Granges.
24.34
Agricultural processing and marketing associations.
24.36
Fish marketing act.
24.40
Tax reform act of 1969, state implementation—Not for profit corporations.
24.44
Uniform management of institutional funds
act.
24.46
Foreign trade zones.
Acknowledgment form, corporations: RCW 64.08.070.
Actions by and against public corporations: RCW 4.08.110, 4.08.120.
Constitutional provisions, generally: State Constitution Art. 12.
Consumer loan act: Chapter 31.04 RCW.
Contribution of corporate funds, public, charitable, etc., purposes: RCW
23B.03.020(2)(o).
Crimes relating to corporations: Chapter 9.24 RCW.
Criminal procedure: RCW 10.01.070 through 10.01.100.
Dentistry, practice or solicitation prohibited: RCW 18.32.675.
Doing business without license, gross misdemeanor: RCW 9.24.040.
Eminent domain by corporations: Chapter 8.20 RCW.
False statements, penalty for filing: RCW 43.07.210.
Foreign corporations
generally: RCW 23B.16.220 and chapters 23B.01 and 23B.15 RCW.
nonadmitted, powers relative to secured interests: Chapter 23B.18 RCW.
Legal services, advertising of, penalty: RCW 30.04.260.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Partnerships: Title 25 RCW.
"Person" defined: RCW 1.16.080.
Seals, effect of: RCW 64.04.105.
Secretary of state, duties: Chapter 43.07 RCW.
Chapter 24.03
WASHINGTON NONPROFIT CORPORATION ACT
Sections
24.03.005
24.03.007
24.03.008
24.03.010
24.03.015
24.03.017
24.03.020
24.03.025
24.03.027
(2002 Ed.)
Definitions.
Standards for electronic filing—Rules.
Documents submitted for filing—Exact or conformed copies.
Applicability.
Purposes.
Corporation may elect to have chapter apply to it—
Procedure.
Incorporators.
Articles of incorporation.
Filing false statements—Penalty.
24.03.030
24.03.035
24.03.040
24.03.043
24.03.045
24.03.046
24.03.047
24.03.048
24.03.050
24.03.055
24.03.060
24.03.065
24.03.070
24.03.075
24.03.080
24.03.085
24.03.090
24.03.095
24.03.100
24.03.103
24.03.1031
24.03.105
24.03.110
24.03.113
24.03.115
24.03.120
24.03.125
24.03.127
24.03.130
24.03.135
24.03.140
24.03.145
24.03.150
24.03.155
24.03.160
24.03.165
24.03.170
24.03.175
24.03.180
24.03.183
24.03.185
24.03.190
24.03.195
24.03.200
24.03.205
24.03.207
24.03.210
24.03.215
24.03.217
24.03.220
24.03.225
24.03.230
24.03.235
24.03.240
24.03.245
24.03.250
24.03.255
24.03.260
24.03.265
24.03.270
24.03.275
24.03.280
Limitations.
General powers.
Defense of ultra vires.
Indemnification of agents of any corporation authorized.
Corporate name.
Reservation of exclusive right to use a corporate name.
Registration of corporate name.
Renewal of registration of corporate name.
Registered office and registered agent.
Change of registered office or registered agent.
Service of process on corporation.
Members.
Bylaws.
Meetings of members.
Notice of members’ meetings.
Voting.
Quorum.
Board of directors.
Number and election or appointment of directors.
Removal of directors.
Judicial removal of directors.
Vacancies.
Quorum of directors.
Assent presumed—Procedures for dissent or abstention.
Committees.
Place and notice of directors’ meetings.
Officers.
Duties of a director.
Removal of officers.
Records.
Loans to directors and officers prohibited.
Filing of articles of incorporation.
Effect of filing the articles of incorporation.
Organization meetings.
Right to amend articles of incorporation.
Procedure to amend articles of incorporation.
Articles of amendment.
Filing of articles of amendment.
Effect of filing of articles of amendment.
Restated articles of incorporation.
Procedure for merger.
Procedure for consolidation.
Approval of merger or consolidation.
Articles of merger or consolidation.
Merger or consolidation—When effective.
Merger or consolidation of domestic and foreign corporation.
Effect of merger or consolidation.
Sale, lease, exchange, or other disposition of assets not in
the ordinary course of business.
Sale, lease, exchange, or disposition of assets in course of
business—Mortgage and pledge of assets.
Voluntary dissolution.
Distribution of assets.
Plan of distribution.
Revocation of voluntary dissolution proceedings.
Articles of dissolution.
Filing of articles of dissolution.
Involuntary dissolution.
Notification to attorney general.
Venue and process.
Jurisdiction of court to liquidate assets and affairs of corporation.
Procedure in liquidation of corporation by court.
Qualification of receivers—Bond.
Filing of claims in liquidation proceedings.
[Title 24 RCW—page 1]
Chapter 24.03
24.03.285
24.03.290
24.03.295
24.03.300
Title 24 RCW: Corporations and Associations
Discontinuance of liquidation proceedings.
Decree of involuntary dissolution.
Filing of decree of dissolution.
Survival of remedy after dissolution—Extension of duration
of corporation.
24.03.302 Administrative dissolution—Grounds—Notice—
Reinstatement—Fee set by rule—Corporate name—
Survival of actions.
24.03.3025 Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
24.03.303 Reinstatement under certain circumstances—Request for
relief.
24.03.305 Admission of foreign corporation.
24.03.307 Foreign degree-granting institution branch campus—Acts not
deemed transacting business in state.
24.03.310 Powers of foreign corporation.
24.03.315 Corporate name of foreign corporation—Fictitious name.
24.03.320 Change of name by foreign corporation.
24.03.325 Application for certificate of authority.
24.03.330 Filing of application for certificate of authority.
24.03.332 Certificate of authority as insurance company—Filing of
documents.
24.03.334 Certificate of authority as insurance company—Registration
or reservation of name.
24.03.335 Effect of certificate of authority.
24.03.340 Registered office and registered agent of foreign corporation.
24.03.345 Change of registered office or registered agent of foreign
corporation.
24.03.350 Service on foreign corporation.
24.03.360 Merger of foreign corporation authorized to conduct affairs
in this state.
24.03.365 Amended certificate of authority.
24.03.370 Withdrawal of foreign corporation.
24.03.375 Filing of application for withdrawal.
24.03.380 Revocation of certificate of authority—Notice.
24.03.385 Issuance of certificate of revocation.
24.03.386 Foreign corporations—Application for reinstatement.
24.03.388 Foreign corporations—Fees for application for reinstatement—Filing current annual report—Penalties established by rule.
24.03.390 Conducting affairs without certificate of authority.
24.03.395 Annual report of domestic and foreign corporations—
Biennial filing may be authorized.
24.03.400 Filing of annual or biennial report of domestic and foreign
corporations—Notice—Reporting dates.
24.03.405 Fees for filing documents and issuing certificates.
24.03.410 Miscellaneous fees.
24.03.415 Disposition of fees.
24.03.417 Fees for services by secretary of state.
24.03.420 Penalties imposed upon corporation.
24.03.425 Penalties imposed upon directors and officers.
24.03.430 Interrogatories by secretary of state.
24.03.435 Confidential nature of information disclosed by interrogatories.
24.03.440 Power and authority of secretary of state.
24.03.445 Appeal from disapproval of secretary of state.
24.03.450 Certificates and certified copies to be received in evidence.
24.03.455 Greater voting requirements.
24.03.460 Waiver of notice.
24.03.465 Action by members or directors without a meeting.
24.03.470 Unauthorized assumption of corporate powers.
24.03.480 Postsecondary education loans—Interest rates.
24.03.490 Public benefit nonprofit corporation designation established.
24.03.500 Public benefit nonprofit corporations—Temporary designation.
24.03.510 Public benefit nonprofit corporations—Application.
24.03.520 Public benefit nonprofit corporations—Renewal.
24.03.530 Public benefit nonprofit corporations—Fees.
24.03.540 Public benefit nonprofit corporations—Removal of status.
24.03.900 Short title.
24.03.905 Savings—1967 c 235.
24.03.910 Severability—1967 c 235.
24.03.915 Notice to existing corporations.
24.03.920 Repealer—Exception.
[Title 24 RCW—page 2]
24.03.925 Effective date—1967 c 235.
Organization of condominium unit owners’ association: RCW 64.34.300.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.03.005 Definitions. As used in this chapter, unless
the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a
corporation not for profit subject to the provisions of this
chapter, except a foreign corporation.
(2) "Foreign corporation" means a corporation not for
profit organized under laws other than the laws of this state.
(3) "Not for profit corporation" or "nonprofit corporation" means a corporation no part of the income of which is
distributable to its members, directors or officers.
(4) "Articles of incorporation" and "articles" mean the
original articles of incorporation and all amendments thereto,
and includes articles of merger and restated articles.
(5) "Bylaws" means the code or codes of rules adopted
for the regulation or management of the affairs of the
corporation irrespective of the name or names by which such
rules are designated.
(6) "Member" means an individual or entity having
membership rights in a corporation in accordance with the
provisions of its articles or incorporation or bylaws.
(7) "Board of directors" means the group of persons
vested with the management of the affairs of the corporation
irrespective of the name by which such group is designated
in the articles or bylaws.
(8) "Insolvent" means inability of a corporation to pay
debts as they become due in the usual course of its affairs.
(9) "Duplicate originals" means two copies, original or
otherwise, each with original signatures, or one original with
original signatures and one copy thereof.
(10) "Conforms to law" as used in connection with
duties of the secretary of state in reviewing documents for
filing under this chapter, means the secretary of state has
determined that the document complies as to form with the
applicable requirements of this chapter.
(11) "Effective date" means, in connection with a
document filing made by the secretary of state, the date
which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the
secretary of state in a form which complies with the requirements of this chapter and which would entitle the document
to be filed immediately upon receipt, but the secretary of
state’s approval action occurs subsequent to the date of
receipt, the secretary of state’s filing date shall relate back
to the date on which the secretary of state first received the
document in acceptable form. An applicant may request a
specific effective date no more than thirty days later than the
receipt date which might otherwise be applied as the
effective date.
(12) "Executed by an officer of the corporation," or
words of similar import, means that any document signed by
such person shall be and is signed by that person under
penalties of perjury and in an official and authorized
capacity on behalf of the corporation or person making the
document submission with the secretary of state and, for the
purpose of documents filed electronically with the secretary
of state, in compliance with the rules adopted by the secretary of state for electronic filing.
(2002 Ed.)
Washington Nonprofit Corporation Act
(13) "An officer of the corporation" means, in connection with the execution of documents submitted for filing
with the secretary of state, the president, a vice president, the
secretary, or the treasurer of the corporation.
(14) "Public benefit not for profit corporation" or
"public benefit nonprofit corporation" means a corporation
no part of the income of which is distributable to its members, directors, or officers and that holds a current tax
exempt status as provided under 26 U.S.C. Sec. 501(c)(3) or
is specifically exempted from the requirement to apply for its
tax exempt status under 26 U.S.C. Sec. 501(c)(3). [2002 c
74 § 4; 1989 c 291 § 3; 1986 c 240 § 1; 1982 c 35 § 72;
1967 c 235 § 2.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.007 Standards for electronic filing—Rules.
The secretary of state may adopt rules to facilitate electronic
filing. The rules will detail the circumstances under which
the electronic filing of documents will be permitted, how the
documents will be filed, and how the secretary of state will
return filed documents. The rules may also impose additional requirements related to implementation of electronic filing
processes, including but not limited to file formats, signature
technologies, delivery, and the types of entities, records, or
documents permitted. [2002 c 74 § 5.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
24.03.008 Documents submitted for filing—Exact or
conformed copies. A document submitted to the secretary
of state for filing under this chapter must be accompanied by
an exact or conformed copy of the document, unless the
secretary of state provides by rule that an exact or conformed copy is not required. [2002 c 74 § 6.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
24.03.010 Applicability. The provisions of this
chapter relating to domestic corporations shall apply to:
(1) All corporations organized hereunder; and
(2) All not for profit corporations heretofore organized
under any act hereby repealed, for a purpose or purposes for
which a corporation might be organized under this chapter;
and
(3) Any corporation to which this chapter does not
otherwise apply, which is authorized to elect, and does elect,
in accordance with the provisions of this chapter, as now or
hereafter amended, to have the provisions of this chapter
apply to it.
The provisions of this chapter relating to foreign
corporations shall apply to all foreign not for profit corporations conducting affairs in this state for a purpose or purposes for which a corporation might be organized under this
chapter. [1971 ex.s. c 53 § 1; 1967 c 235 § 3.]
Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905.
24.03.015 Purposes. Corporations may be organized
under this chapter for any lawful purpose or purposes,
including, without being limited to, any one or more of the
(2002 Ed.)
24.03.005
following purposes: Charitable; benevolent; eleemosynary;
educational; civic; patriotic; political; religious; social;
fraternal; literary; cultural; athletic; scientific; agricultural;
horticultural; animal husbandry; and professional, commercial, industrial or trade association; but labor unions, cooperative organizations, and organizations subject to any of the
provisions of the banking or insurance laws of this state may
not be organized under this chapter: PROVIDED, That any
not for profit corporation heretofore organized under any act
hereby repealed and existing for the purpose of providing
health care services as defined in RCW 48.44.010(1) or
48.46.020(1), as now or hereafter amended, shall continue to
be organized under this chapter. [1986 c 240 § 2; 1983 c
106 § 22; 1967 c 235 § 4.]
Repealer—Savings—1967 c 235: See RCW 24.03.920, 24.03.905.
Fish marketing act: Chapter 24.36 RCW.
Granges: Chapter 24.28 RCW.
Insurance: Title 48 RCW.
Labor unions: Chapter 49.36 RCW.
24.03.017 Corporation may elect to have chapter
apply to it—Procedure. Any corporation organized under
any act of the state of Washington for any one or more of
the purposes for which a corporation may be organized
under this chapter and for no purpose other than those
permitted by this chapter, and to which this chapter does not
otherwise apply, may elect to have this chapter and the
provisions thereof apply to such corporation. Such corporation may so elect by having a resolution to do so adopted by
the governing body of such corporation and by delivering to
the secretary of state a statement of election in accordance
with this section. Such statement of election shall be
executed in duplicate by the corporation by an officer of the
corporation, and shall set forth:
(1) The name of the corporation;
(2) The act which created the corporation or pursuant to
which it was organized;
(3) That the governing body of the corporation has
elected to have this chapter and the provisions thereof apply
to said corporation.
Duplicate originals of such statement of election shall be
delivered to the secretary of state. If the secretary of state
finds that the statement of election conforms to law, the
secretary of state shall, when fees in the same amount as
required by this chapter for filing articles of incorporation
have been paid, endorse on each of such duplicates the word
"filed" and the effective date of the filing thereof, shall file
one of such duplicate originals, and shall issue a certificate
of elective coverage to which the other duplicate original
shall be affixed.
The certificate of elective coverage together with the
duplicate original affixed thereto by the secretary of state
shall be returned to the corporation or its representative.
Upon the filing of the statement of elective coverage, the
provisions of this chapter shall apply to said corporation
which thereafter shall be subject to and shall have the
benefits of this chapter and the provisions thereof as they
exist on the date of filing such statement of election and as
they may be amended from time to time thereafter, including, without limiting the generality of the foregoing, the
power to amend its charter or articles of incorporation,
[Title 24 RCW—page 3]
24.03.017
Title 24 RCW: Corporations and Associations
whether or not created by special act of the legislature,
delete provisions therefrom and add provisions thereto in any
manner and to any extent it may choose to do from time to
time so long as its amended articles shall not be inconsistent
with the provisions of this chapter. [1982 c 35 § 73; 1971
ex.s. c 53 § 2.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.020 Incorporators. One or more persons of the
age of eighteen years or more, or a domestic or foreign,
profit or nonprofit, corporation, may act as incorporator or
incorporators of a corporation by signing and delivering to
the secretary of state articles of incorporation for such
corporation. [1986 c 240 § 3; 1982 c 35 § 74; 1967 c 235
§ 5.]
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers enumerated in this
chapter.
Unless the articles of incorporation provide that a
change in the number of directors shall be made only by
amendment to the articles of incorporation, a change in the
number of directors made by amendment to the bylaws shall
be controlling. In all other cases, whenever a provision of
the articles of incorporation is inconsistent with a bylaw, the
provision of the articles of incorporation shall be controlling.
[1987 c 212 § 703; 1982 c 35 § 75; 1967 c 235 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Amending articles of incorporation: RCW 24.03.160 through 24.03.180.
Bylaws: RCW 24.03.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.027 Filing false statements—Penalty. See
RCW 43.07.210.
24.03.025 Articles of incorporation. The articles of
incorporation shall set forth:
(1) The name of the corporation.
(2) The period of duration, which may be perpetual or
for a stated number of years.
(3) The purpose or purposes for which the corporation
is organized.
(4) Any provisions, not inconsistent with law, which the
incorporators elect to set forth in the articles of incorporation
for the regulation of the internal affairs of the corporation,
including provisions regarding:
(a) Distribution of assets on dissolution or final liquidation;
(b) The definition, limitation, and regulation of the
powers of the corporation, the directors, and the members,
if any;
(c) Eliminating or limiting the personal liability of a
director to the corporation or its members, if any, for
monetary damages for conduct as a director: PROVIDED,
That such provision shall not eliminate or limit the liability
of a director for acts or omissions that involve intentional
misconduct by a director or a knowing violation of law by
a director, or for any transaction from which the director will
personally receive a benefit in money, property, or services
to which the director is not legally entitled. No such
provision may eliminate or limit the liability of a director for
any act or omission occurring before the date when such
provision becomes effective; and
(d) Any provision which under this title is required or
permitted to be set forth in the bylaws.
(5) The address of its initial registered office, including
street and number, and the name of its initial registered
agent at such address.
(6) The number of directors constituting the initial board
of directors, and the names and addresses of the persons who
are to serve as the initial directors.
(7) The name and address of each incorporator.
(8) The name of any person or corporations to whom
net assets are to be distributed in the event the corporation
is dissolved.
24.03.030 Limitations. A corporation subject to this
chapter:
(1) Shall not have or issue shares of stock;
(2) Shall not make any disbursement of income to its
members, directors or officers;
(3) Shall not loan money or credit to its officers or
directors;
(4) May pay compensation in a reasonable amount to its
members, directors or officers for services rendered;
(5) May confer benefits upon its members in conformity
with its purposes; and
(6) Upon dissolution or final liquidation may make
distributions to its members as permitted by this chapter, and
no such payment, benefit or distribution shall be deemed to
be a dividend or a distribution of income. [1986 c 240 § 4;
1967 c 235 § 7.]
[Title 24 RCW—page 4]
24.03.035 General powers. Each corporation shall
have power:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in its articles of
incorporation.
(2) To sue and be sued, complain and defend, in its
corporate name.
(3) To have a corporate seal which may be altered at
pleasure, and to use the same by causing it, or a facsimile
thereof, to be impressed or affixed or in any other manner
reproduced.
(4) To purchase, take, receive, lease, take by gift, devise
or bequest, or otherwise acquire, own, hold, improve, use
and otherwise deal in and with real or personal property, or
any interest therein, wherever situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer and otherwise dispose of all or any part of its
property and assets.
(6) To lend money or credit to its employees other than
its officers and directors.
(7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, and otherwise use and
deal in and with, shares or other interests in, or obligations
of, other domestic or foreign corporations, whether for profit
(2002 Ed.)
Washington Nonprofit Corporation Act
or not for profit, associations, partnerships or individuals, or
direct or indirect obligations of the United States, or of any
other government, state, territory, governmental district or
municipality or of any instrumentality thereof.
(8) To make contracts and incur liabilities, borrow
money at such rates of interest as the corporation may
determine, issue its notes, bonds, and other obligations, and
secure any of its obligations by mortgage or pledge of all or
any of its property, franchises and income.
(9) To lend money for its corporate purposes, invest and
reinvest its funds, and take and hold real and personal
property as security for the payment of funds so loaned or
invested.
(10) To conduct its affairs, carry on its operations, and
have offices and exercise the powers granted by this chapter
in any state, territory, district, or possession of the United
States, or in any foreign country.
(11) To elect or appoint officers and agents of the
corporation, and define their duties and fix their compensation.
(12) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the corporation.
(13) Unless otherwise provided in the articles of
incorporation, to make donations for the public welfare or
for charitable, scientific or educational purposes; and in time
of war to make donations in aid of war activities.
(14) To indemnify any director or officer or former
director or officer or other person in the manner and to the
extent provided in RCW 23B.08.500 through 23B.08.600, as
now existing or hereafter amended.
(15) To make guarantees respecting the contracts,
securities, or obligations of any person (including, but not
limited to, any member, any affiliated or unaffiliated
individual, domestic or foreign, profit or not for profit,
corporation, partnership, association, joint venture or trust)
if such guarantee may reasonably be expected to benefit,
directly or indirectly, the guarantor corporation. As to the
enforceability of the guarantee, the decision of the board of
directors that the guarantee may be reasonably expected to
benefit, directly or indirectly, the guarantor corporation shall
be binding in respect to the issue of benefit to the guarantor
corporation.
(16) To pay pensions and establish pension plans,
pension trusts, and other benefit plans for any or all of its
directors, officers, and employees.
(17) To be a promoter, partner, member, associate or
manager of any partnership, joint venture, trust or other
enterprise.
(18) To be a trustee of a charitable trust, to administer
a charitable trust and to act as executor in relation to any
charitable bequest or devise to the corporation. This
subsection shall not be construed as conferring authority to
engage in the general business of trusts nor in the business
of trust banking.
(19) To cease its corporate activities and surrender its
corporate franchise.
(20) To have and exercise all powers necessary or
convenient to effect any or all of the purposes for which the
corporation is organized. [1991 c 72 § 42; 1986 c 240 § 5;
1967 c 235 § 8.]
(2002 Ed.)
24.03.035
Unauthorized assumption of corporate power: RCW 24.03.470.
24.03.040 Defense of ultra vires. No act of a
corporation and no conveyance or transfer of real or personal
property to or by a corporation shall be invalid by reason of
the fact that the corporation was without capacity or power
to do such act or to make or receive such conveyance or
transfer, but such lack of capacity or power may be asserted:
(1) In a proceeding by a member or a director against
the corporation to enjoin the doing or continuation of
unauthorized acts, or the transfer of real or personal property
by or to the corporation. If the unauthorized acts or transfer
sought to be enjoined are being, or are to be, performed
pursuant to any contract to which the corporation is a party,
the court may, if all of the parties to the contract are parties
to the proceeding and if it deems the same to be equitable,
set aside and enjoin the performance of such contract, and in
so doing may allow to the corporation or the other parties to
the contract, as the case may be, compensation for the loss
or damage sustained by either of them which may result
from the action of the court in setting aside and enjoining
the performance of such contract, but anticipated profits to
be derived from the performance of the contract shall not be
awarded by the court as a loss or damage sustained.
(2) In a proceeding by the corporation, whether acting
directly or through a receiver, trustee, or other legal representative, or through members in a representative suit,
against the officers or directors of the corporation for
exceeding their authority.
(3) In a proceeding by the attorney general, as provided
in this chapter, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from
performing unauthorized acts, or in any other proceeding by
the attorney general. [1967 c 235 § 9.]
Dissolution: RCW 24.03.220 through 24.03.270.
24.03.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.03.045 Corporate name. The corporate name:
(1) Shall not contain any word or phrase which indicates
or implies that it is organized for any purpose other than one
or more of the purposes contained in its articles of incorporation.
(2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:
(i) The corporate name or reserved name of a corporation or domestic corporation organized or authorized to
transact business under this chapter;
(ii) A corporate name reserved or registered under
chapter 23B.04 RCW;
(iii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
(iv) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(v) The name or reserved name of a foreign or domestic
limited partnership formed or registered under chapter 25.10
RCW;
[Title 24 RCW—page 5]
24.03.045
Title 24 RCW: Corporations and Associations
(vi) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(vii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(b) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in (a)
of this subsection. The secretary of state shall authorize use
of the name applied for if:
(i) The other corporation, company, holder, limited
liability partnership, or limited partnership consents to the
use in writing and files with the secretary of state documents
necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of
the secretary of state from the name of the applying corporation; or
(ii) The applicant delivers to the secretary of state a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant’s right to use the name
applied for in this state.
(c) A corporation may use the name, including the
fictitious name, of another domestic or foreign corporation,
limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other
entity is formed or authorized to transact business in this
state, and the proposed user corporation:
(i) Has merged with the other corporation, limited
liability company, or limited partnership; or
(ii) Has been formed by reorganization of the other
corporation.
(3) Shall be transliterated into letters of the English
alphabet, if it is not in English.
(4) Shall not include or end with "incorporated,"
"company," "corporation," "partnership," "limited partnership," or "Ltd.," or any abbreviation thereof, but may use
"club," "league," "association," "services," "committee,"
"fund," "society," "foundation," ". . . . . ., a nonprofit
corporation," or any name of like import.
(5) May only include the term "public benefit" or names
of like import if the corporation has been designated as a
public benefit nonprofit corporation by the secretary in
accordance with this chapter.
(6) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(7) This title does not control the use of assumed
business names or "trade names." [1998 c 102 § 3; 1994 c
211 § 1305; 1989 c 291 § 10; 1987 c 55 § 39; 1986 c 240
§ 6; 1982 c 35 § 76; 1967 c 235 § 10.]
[Title 24 RCW—page 6]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Corporate name of foreign corporation: RCW 24.03.315.
24.03.046 Reservation of exclusive right to use a
corporate name. The exclusive right to the use of a
corporate name may be reserved by:
(1) Any person intending to organize a corporation
under this title.
(2) Any domestic corporation intending to change its
name.
(3) Any foreign corporation intending to make application for a certificate of authority to transact business in this
state.
(4) Any foreign corporation authorized to transact
business in this state and intending to change its name.
(5) Any person intending to organize a foreign corporation and intending to have such corporation make application
for a certificate of authority to transact business in this state.
The reservation shall be made by filing with the
secretary of state an application to reserve a specified
corporate name, executed by or on behalf of the applicant.
If the secretary of state finds that the name is available for
corporate use, the secretary of state shall reserve the same
for the exclusive use of the applicant for a period of one
hundred and eighty days. Such reservation shall be limited
to one filing.
The right to the exclusive use of a specified corporate
name so reserved may be transferred to any other person or
corporation by filing in the office of the secretary of state,
a notice of such transfer, executed by the applicant for
whom the name was reserved, and specifying the name and
address of the transferee. [1993 c 356 § 1; 1982 c 35 § 77.]
Effective date—1993 c 356: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 356 § 25.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.047 Registration of corporate name. Any
corporation, organized and existing under the laws of any
state or territory of the United States may register its
corporate name under this title, provided its corporate name
is not the same as, or deceptively similar to, the name of any
domestic corporation existing under the laws of this state, the
name of any foreign corporation authorized to transact
business in this state, the name of any domestic limited
liability company organized under the laws of this state, the
name of any foreign limited liability company authorized to
transact business in this state, the name of any limited
partnership on file with the secretary, or any corporate name
reserved or registered under this title.
Such registration shall be made by:
(1) Filing with the secretary of state: (a) An application
for registration executed by the corporation by an officer
thereof, setting forth the name of the corporation, the state
or country under the laws of which it is incorporated, [and]
(2002 Ed.)
Washington Nonprofit Corporation Act
24.03.047
the date of its incorporation, and (b) a certificate setting
forth that such corporation is in good standing under the
laws of the state or territory wherein it is organized, executed by the secretary of state of such state or country or by
such other official as may have custody of the records
pertaining to corporations, and
(2) Paying to the secretary of state the applicable
registration fee.
The registration shall be effective until the close of the
calendar year in which the application for registration is
filed. [1994 c 211 § 1306; 1993 c 356 § 2; 1987 c 55 § 40;
1986 c 240 § 7; 1982 c 35 § 78.]
corporation may file a notarized statement attesting to that
fact, and the name shall forthwith be removed from the records of the secretary of state.
No Washington corporation or foreign corporation
authorized to conduct affairs in this state may be permitted
to maintain any action in any court in this state until the
corporation complies with the requirements of this section.
[1986 c 240 § 9; 1982 c 35 § 80; 1969 ex.s. c 163 § 1; 1967
c 235 § 11.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.055 Change of registered office or registered
agent. A corporation may change its registered office or
change its registered agent, or both, upon filing in the office
of the secretary of state in the form prescribed by the
secretary of state a statement setting forth:
(1) The name of the corporation.
(2) If the current registered office is to be changed, the
street address to which the registered office is to be changed.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary
of state, together with a written consent of the registered
agent to his or its appointment, if applicable. If the secretary
of state finds that such statement conforms to the provisions
of this chapter, the secretary of state shall endorse thereon
the word "Filed," and the month, day, and year of the filing
thereof, and file the statement. The change of address of the
registered office, or the appointment of a new registered
agent, or both, as the case may be, shall become effective
upon filing unless a later date is specified.
Any registered agent of a corporation may resign as
such agent upon filing a written notice thereof, executed in
duplicate, with the secretary of state, who shall forthwith
mail a copy thereof to the corporation in care of an officer,
who is not the resigning registered agent, at the address of
such officer as shown by the most recent annual report of
the corporation. The appointment of such agent shall
terminate upon the expiration of thirty days after receipt of
such notice by the secretary of state.
If a registered agent changes the agent’s business
address to another place within the state, the agent may
change such address and the address of the registered office
of any corporation of which the agent is a registered agent,
by filing a statement as required by this section except that
it need be signed only by the registered agent, it need not be
responsive to subsection (3) of this section, and it must
recite that a copy of the statement has been mailed to the
secretary of the corporation. [1993 c 356 § 3; 1986 c 240
§ 10; 1982 c 35 § 81; 1967 c 235 § 12.]
24.03.048 Renewal of registration of corporate
name. A corporation which has in effect a registration of its
corporate name, may renew such registration from year to
year by annually filing an application for renewal setting
forth the facts required to be set forth in an original application for registration and a certificate of good standing as
required for the original registration and by paying the
applicable fee. A renewal application may be filed between
the first day of October and the thirty-first day of December
in each year, and shall extend the registration for the
following calendar year. [1986 c 240 § 8; 1982 c 35 § 79.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.050 Registered office and registered agent.
Each corporation shall have and continuously maintain in
this state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall
be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address
or rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in conjunction with the registered office
address if the corporation also maintains on file the specific
geographic address of the registered office where personal
service of process may be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is
identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to
transact business or conduct affairs in this state, having an
office identical with such registered office. A registered
agent shall not be appointed without having given prior
written consent to the appointment. The written consent
shall be filed with the secretary of state in such form as the
secretary may prescribe. The written consent shall be filed
with or as a part of the document first appointing a registered agent. In the event any individual or corporation has
been appointed agent without consent, that person or
(2002 Ed.)
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.060 Service of process on corporation. The
registered agent so appointed by a corporation shall be an
[Title 24 RCW—page 7]
24.03.060
Title 24 RCW: Corporations and Associations
agent of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served.
Whenever a corporation shall fail to appoint or maintain
a registered agent in this state, or whenever its registered
agent cannot with reasonable diligence be found at the
registered office, then the secretary of state shall be an agent
of such corporation upon whom any such process, notice, or
demand may be served. Service on the secretary of state of
any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with
any duly authorized clerk of the corporation department of
the secretary of state’s office, duplicate copies of such
process, notice or demand. In the event any such process,
notice or demand is served on the secretary of state, the
secretary of state shall immediately cause one of the copies
thereof to be forwarded by certified mail, addressed to the
secretary of the corporation as shown on the records of the
secretary of state. Any service so had on the secretary of
state shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state
under this section, and shall record therein the time of such
service and the secretary of state’s action with reference
thereto.
Nothing herein contained shall limit or affect the right
to serve any process, notice or demand required or permitted
by law to be served upon a corporation in any other manner
now or hereafter permitted by law. [1986 c 240 § 11; 1982
c 35 § 82; 1967 c 235 § 13.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.065 Members. A corporation may have one or
more classes of members or may have no members. If the
corporation has one or more classes of members, the
designation of such class or classes, the manner of election
or appointment and the qualifications and rights of the
members of each class shall be set forth in the articles of
incorporation or the bylaws. Unless otherwise specified in
the articles of incorporation or the bylaws, an individual,
domestic or foreign profit or nonprofit corporation, a general
or limited partnership, an association or other entity may be
a member of a corporation. If the corporation has no
members, that fact shall be set forth in the articles of
incorporation or the bylaws. A corporation may issue
certificates evidencing membership therein. [1986 c 240 §
12; 1967 c 235 § 14.]
24.03.075 Meetings of members. Meetings of
members may be held at such place, either within or without
this state, as may be stated in or fixed in accordance with
the bylaws. In the absence of any such provision, all
meetings shall be held at the registered office of the corporation in this state.
An annual meeting of the members shall be held at such
time as may be stated in or fixed in accordance with the
bylaws. Failure to hold the annual meeting at the designated
time shall not work a forfeiture or dissolution of the corporation.
Special meetings of the members may be called by the
president or by the board of directors. Special meetings of
the members may also be called by such other officers or
persons or number or proportion of members as may be provided in the articles of incorporation or the bylaws. In the
absence of a provision fixing the number or proportion of
members entitled to call a meeting, a special meeting of
members may be called by members having one-twentieth of
the votes entitled to be cast at such meeting.
Except as may be otherwise restricted by the articles of
incorporation or the bylaws, members of the corporation may
participate in a meeting of members by means of a conference telephone or similar communications equipment by
means of which all persons participating in the meeting can
hear each other at the same time and participation by such
means shall constitute presence in person at a meeting.
[1986 c 240 § 14; 1967 c 235 § 16.]
24.03.080 Notice of members’ meetings. Written or
printed notice stating the place, day and hour of the annual
meeting and, in case of a special meeting, the purpose or
purposes for which the meeting is called, shall be delivered
not less than ten nor more than fifty days before the date of
the meeting, either personally or by mail, by or at the
direction of the president, or the secretary, or the officers or
persons calling the meeting, to each member entitled to vote
at such meeting. Notice of regular meetings other than
annual shall be made by providing each member with the
adopted schedule of regular meetings for the ensuing year at
any time after the annual meeting and ten days prior to the
next succeeding regular meeting and at any time when
requested by a member or by such other notice as may be
prescribed by the bylaws. If mailed, such notice shall be
deemed to be delivered when deposited in the United States
mail addressed to the member at his address as it appears on
the records of the corporation, with postage thereon prepaid.
[1969 ex.s. c 115 § 1; 1967 c 235 § 17.]
Waiver of notice: RCW 24.03.460.
24.03.070 Bylaws. The initial bylaws of a corporation
shall be adopted by its board of directors. The power to
alter, amend or repeal the bylaws or adopt new bylaws shall
be vested in the board of directors unless otherwise provided
in the articles of incorporation or the bylaws. The bylaws
may contain any provisions for the regulation and management of the affairs of a corporation not inconsistent with law
or the articles of incorporation. The board may adopt
emergency bylaws in the manner provided by RCW
23B.02.070. [1991 c 72 § 43; 1986 c 240 § 13; 1967 c 235
§ 15.]
[Title 24 RCW—page 8]
24.03.085 Voting. The right of the members, or any
class or classes of members, to vote may be limited, enlarged or denied to the extent specified in the articles of
incorporation or the bylaws. Unless so limited, enlarged or
denied, each member, regardless of class, shall be entitled to
one vote on each matter submitted to a vote of members.
A member may vote in person or, if so authorized by
the articles of incorporation or the bylaws, may vote by
proxy executed in writing by the member or by his duly
authorized attorney-in-fact. No proxy shall be valid after
eleven months from the date of its execution, unless other(2002 Ed.)
Washington Nonprofit Corporation Act
wise provided in the proxy. Where directors or officers are
to be elected by members, the bylaws may provide that such
elections may be conducted by mail.
The articles of incorporation or the bylaws may provide
that in all elections for directors every member entitled to
vote shall have the right to cumulate his vote and to give
one candidate a number of votes equal to his vote multiplied
by the number of directors to be elected, or by distributing
such votes on the same principle among any number of such
candidates. [1969 ex.s. c 115 § 2; 1967 c 235 § 18.]
Greater voting requirements: RCW 24.03.455.
24.03.090 Quorum. The bylaws may provide the
number or percentage of members entitled to vote represented in person or by proxy, or the number or percentage of
votes represented in person or by proxy, which shall constitute a quorum at a meeting of members. In the absence of
any such provision, members holding one-tenth of the votes
entitled to be cast represented in person or by proxy shall
constitute a quorum. The vote of a majority of the votes
entitled to be cast by the members present or represented by
proxy at a meeting at which a quorum is present, shall be
necessary for the adoption of any matter voted upon by the
members, unless a greater proportion is required by this
chapter, the articles of incorporation or the bylaws. [1967 c
235 § 19.]
Greater voting requirements: RCW 24.03.455.
24.03.095 Board of directors. The affairs of a
corporation shall be managed by a board of directors.
Directors need not be residents of this state or members of
the corporation unless the articles of incorporation or the
bylaws so require. The articles of incorporation or the
bylaws may prescribe other qualifications for directors.
[1967 c 235 § 20.]
24.03.100 Number and election or appointment of
directors. The board of directors of a corporation shall
consist of one or more individuals. The number of directors
shall be fixed by or in the manner provided in the articles of
incorporation or the bylaws, except as to the number
constituting the initial board of directors, which number shall
be fixed by the articles of incorporation. The number of
directors may be increased or decreased from time to time
by amendment to or in the manner provided in the articles
of incorporation or the bylaws, but a decrease shall not have
the effect of shortening the term of any incumbent director.
In the absence of a bylaw providing for the number of
directors, the number shall be the same as that provided for
in the articles of incorporation. The names and addresses of
the members of the first board of directors shall be stated in
the articles of incorporation. Such persons shall hold office
until the first annual election of directors or for such other
period as may be specified in the articles of incorporation or
the bylaws. Thereafter, directors shall be elected or appointed in the manner and for the terms provided in the articles
of incorporation or the bylaws. Directors may be divided
into classes and the terms of office and manner of election
or appointment need not be uniform. Each director shall
hold office for the term for which the director is elected or
(2002 Ed.)
24.03.085
appointed and until the director’s successor shall have been
selected and qualified. [1986 c 240 § 15; 1967 c 235 § 21.]
24.03.103 Removal of directors. The bylaws or
articles of incorporation may contain a procedure for
removal of directors. If the articles of incorporation or
bylaws provide for the election of any director or directors
by members, then in the absence of any provision regarding
removal of directors:
(1) Any director elected by members may be removed,
with or without cause, by two-thirds of the votes cast by
members having voting rights with regard to the election of
any director, represented in person or by proxy at a meeting
of members at which a quorum is present;
(2) In the case of a corporation having cumulative
voting, if less than the entire board is to be removed, no one
of the directors may be removed if the votes cast against that
director’s removal would be sufficient to elect that director
if then cumulatively voted at an election of the entire board
of directors, or, if there be classes of directors, at an election
of the class of directors of which he or she is a part; and
(3) Whenever the members of any class are entitled to
elect one or more directors by the provisions of the articles
of incorporation, the provisions of this section shall apply, in
respect to the removal of a director or directors so elected,
to the vote of the members of that class and not to the vote
of the members as a whole. [1986 c 240 § 16.]
24.03.1031 Judicial removal of directors. (1) The
superior court of the county where a corporation’s principal
office, or, if none in this state, its registered office, is located
may remove a director of the corporation from office in a
proceeding commenced by the corporation if the court finds
that (a) the director engaged in fraudulent or dishonest
conduct with respect to the corporation, and (b) removal is
in the best interest of the corporation.
(2) The court that removes a director may bar the
director from reelection for a period prescribed by the court.
[1999 c 32 § 1.]
24.03.105 Vacancies. Any vacancy occurring in the
board of directors and any directorship to be filled by reason
of an increase in the number of directors may be filled by
the affirmative vote of a majority of the remaining board of
directors even though less than a quorum is present unless
the articles of incorporation or the bylaws provide that a
vacancy or directorship so created shall be filled in some
other manner, in which case such provision shall control. A
director elected or appointed, as the case may be, to fill a
vacancy shall be elected or appointed for the unexpired term
of his predecessor in office. [1986 c 240 § 17; 1967 c 235
§ 22.]
24.03.110 Quorum of directors. A majority of the
number of directors fixed by, or in the manner provided in
the bylaws, or in the absence of a bylaw fixing or providing
for the number of directors, then of the number fixed by or
in the manner provided in the articles of incorporation, shall
constitute a quorum for the transaction of business, unless
otherwise provided in the articles of incorporation or the
bylaws; but in no event shall a quorum consist of less than
[Title 24 RCW—page 9]
24.03.110
Title 24 RCW: Corporations and Associations
one-third of the number of directors so fixed or stated. The
act of the majority of the directors present at a meeting at
which a quorum is present shall be the act of the board of
directors, unless the act of a greater number is required by
this chapter, the articles of incorporation or the bylaws.
[1986 c 240 § 18; 1967 c 235 § 23.]
Greater voting requirements: RCW 24.03.455.
24.03.113 Assent presumed—Procedures for dissent
or abstention. A director of a corporation who is present at
a meeting of its board of directors at which action on any
corporate matter is taken shall be presumed to have assented
to the action taken unless the director’s dissent or abstention
shall be entered in the minutes of the meeting or unless the
director shall file his or her written dissent or abstention to
such action with the person acting as the secretary of the
meeting before the adjournment thereof or shall forward such
dissent or abstention by registered mail to the secretary of
the corporation immediately after the adjournment of the
meeting. Such right to dissent or abstain shall not apply to
a director who voted in favor of such action. [1986 c 240
§ 19.]
24.03.115 Committees. If the articles of incorporation
or the bylaws so provide, the board of directors, by resolution adopted by a majority of the directors in office, may
designate and appoint one or more committees each of which
shall consist of two or more directors, which committees, to
the extent provided in such resolution, in the articles of
incorporation or in the bylaws of the corporation, shall have
and exercise the authority of the board of directors in the
management of the corporation: PROVIDED, That no such
committee shall have the authority of the board of directors
in reference to amending, altering or repealing the bylaws;
electing, appointing or removing any member of any such
committee or any director or officer of the corporation;
amending the articles of incorporation; adopting a plan of
merger or adopting a plan of consolidation with another
corporation; authorizing the sale, lease, or exchange of all or
substantially all of the property and assets of the corporation
not in the ordinary course of business; authorizing the
voluntary dissolution of the corporation or revoking proceedings therefor; adopting a plan for the distribution of the
assets of the corporation; or amending, altering or repealing
any resolution of the board of directors which by its terms
provides that it shall not be amended, altered or repealed by
such committee. The designation and appointment of any
such committee and the delegation thereto of authority shall
not operate to relieve the board of directors, or any individual director of any responsibility imposed upon it or him by
law. [1986 c 240 § 20; 1967 c 235 § 24.]
24.03.120 Place and notice of directors’ meetings.
Meetings of the board of directors, regular or special, may
be held either within or without this state.
Regular meetings of the board of directors or of any
committee designated by the board of directors may be held
with or without notice as prescribed in the bylaws. Special
meeting of the board of directors or any committee designated by the board of directors shall be held upon such
notice as is prescribed in the bylaws. Attendance of a
[Title 24 RCW—page 10]
director or a committee member at a meeting shall constitute
a waiver of notice of such meeting, except where a director
or a committee member attends a meeting for the express
purpose of objecting to the transaction of any business
because the meeting is not lawfully called or convened. Neither the business to be transacted at, nor the purpose of, any
regular or special meeting of the board of directors or any
committee designated by the board of directors need be
specified in the notice or waiver of notice of such meeting
unless required by the bylaws.
Except as may be otherwise restricted by the articles of
incorporation or bylaws, members of the board of directors
or any committee designated by the board of directors may
participate in a meeting of such board or committee by
means of a conference telephone or similar communications
equipment by means of which all persons participating in the
meeting can hear each other at the same time and participation by such means shall constitute presence in person at a
meeting. [1986 c 240 § 21; 1967 c 235 § 25.]
Waiver of notice: RCW 24.03.460.
24.03.125 Officers. The officers of a corporation
shall consist of a president, one or more vice presidents, a
secretary, and a treasurer, each of whom shall be elected or
appointed at such time and in such manner and for such
terms as may be prescribed in the articles of incorporation or
the bylaws. In the absence of any such provision, all
officers shall be elected or appointed annually by the board
of directors. If the articles or bylaws so provide, any two or
more offices may be held by the same person, except the
offices of president and secretary. Such other officers and
assistant officers or agents as may be deemed necessary may
be elected or appointed by the board of directors or chosen
in such other manner as may be prescribed by the articles or
bylaws.
The articles of incorporation or the bylaws may provide
that any one or more officers of the corporation shall be ex
officio members of the board of directors.
The officers of a corporation may be designated by such
additional titles as may be provided in the articles of
incorporation or the bylaws. [1986 c 240 § 22; 1967 c 235
§ 26.]
24.03.127 Duties of a director. A director shall
perform the duties of a director, including the duties as a
member of any committee of the board upon which the
director may serve, in good faith, in a manner such director
believes to be in the best interests of the corporation, and
with such care, including reasonable inquiry, as an ordinarily
prudent person in a like position would use under similar
circumstances.
In performing the duties of a director, a director shall be
entitled to rely on information, opinions, reports, or statements, including financial statements and other financial
data, in each case prepared or presented by:
(1) One or more officers or employees of the corporation whom the director believes to be reliable and competent
in the matter presented;
(2) Counsel, public accountants, or other persons as to
matters which the director believes to be within such
person’s professional or expert competence; or
(2002 Ed.)
Washington Nonprofit Corporation Act
24.03.127
(3) A committee of the board upon which the director
does not serve, duly designated in accordance with a
provision in the articles of incorporation or bylaws, as to
matters within its designated authority, which committee the
director believes to merit confidence; so long as, in any such
case, the director acts in good faith, after reasonable inquiry
when the need therefor is indicated by the circumstances and
without knowledge that would cause such reliance to be
unwarranted. [1986 c 240 § 23.]
incorporation conform to law, the secretary of state shall,
when all fees have been paid as in this chapter prescribed:
(1) Endorse on the articles the word "Filed" and the
effective date of the filing.
(2) File the articles.
(3) Issue a certificate of incorporation.
The certificate of incorporation together with an exact
or conformed copy of the articles of incorporation will be
returned to the incorporators or their representative. [2002
c 74 § 7; 1982 c 35 § 83; 1967 c 235 § 30.]
24.03.130 Removal of officers. Any officer elected
or appointed may be removed by the persons authorized to
elect or appoint such officer whenever in their judgment the
best interests of the corporation will be served thereby. The
removal of an officer shall be without prejudice to the
contract rights, if any, of the officer so removed. Election
or appointment of an officer or agent shall not of itself
create contract rights. [1967 c 235 § 27.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.135 Records. Each corporation shall keep at its
registered office, its principal office in this state, or at its
secretary’s office if in this state, the following:
(1) Current articles and bylaws;
(2) A record of members, including names, addresses,
and classes of membership, if any;
(3) Correct and adequate records of accounts and
finances;
(4) A record of officers’ and directors’ names and
addresses;
(5) Minutes of the proceedings of the members, if any,
the board, and any minutes which may be maintained by
committees of the board. Records may be written, or electronic if capable of being converted to writing.
The records shall be open at any reasonable time to
inspection by any member of more than three months
standing or a representative of more than five percent of the
membership.
Cost of inspecting or copying shall be borne by such
member except for costs for copies of articles or bylaws.
Any such member must have a purpose for inspection
reasonably related to membership interests. Use or sale of
members’ lists by such member if obtained by inspection is
prohibited.
The superior court of the corporation’s or such
member’s residence may order inspection and may appoint
independent inspectors. Such member shall pay inspection
costs unless the court orders otherwise. [1986 c 240 § 24;
1967 c 235 § 28.]
24.03.140 Loans to directors and officers prohibited. No loans shall be made by a corporation to its directors
or officers. The directors of a corporation who vote for or
assent to the making of a loan to a director or officer of the
corporation, and any officer or officers participating in the
making of such loan, shall be jointly and severally liable to
the corporation for the amount of such loan until the
repayment thereof. [1967 c 235 § 29.]
24.03.145 Filing of articles of incorporation. The
articles of incorporation shall be delivered to the secretary of
state. If the secretary of state finds that the articles of
(2002 Ed.)
24.03.150 Effect of filing the articles of incorporation. Upon the filing of the articles of incorporation, the
corporate existence shall begin, and the certificate of
incorporation shall be conclusive evidence that all conditions
precedent required to be performed by the incorporators have
been complied with and that the corporation has been
incorporated under this chapter, except as against the state in
a proceeding to cancel or revoke the certificate of incorporation or for involuntary or administrative dissolution. [1986
c 240 § 25; 1982 c 35 § 84; 1967 c 235 § 31.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.155 Organization meetings. After the issuance
of the certificate of incorporation an organization meeting of
the board of directors named in the articles of incorporation
shall be held, either within or without this state, at the call
of a majority of the directors named in the articles of
incorporation, for the purpose of adopting bylaws, electing
officers and the transaction of such other business as may
come before the meeting. The directors calling the meeting
shall give at least three days’ notice thereof by mail to each
director so named, which notice shall state the time and
place of the meeting. Any action permitted to be taken at
the organization meeting of the directors may be taken
without a meeting if each director signs an instrument stating
the action so taken. [1986 c 240 § 26; 1967 c 235 § 32.]
24.03.160 Right to amend articles of incorporation.
A corporation may amend its articles of incorporation, from
time to time, in any and as many respects as may be desired,
so long as its articles of incorporation as amended contain
only such provisions as are lawful under this chapter. [1967
c 235 § 33.]
24.03.165 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be
made in the following manner:
(1) Where there are members having voting rights, with
regard to the question, the board of directors shall adopt a
resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members
having voting rights, which may be either an annual or a
special meeting. Written or printed notice setting forth the
proposed amendment or a summary of the changes to be
effected thereby shall be given to each member entitled to
vote at such meeting within the time and in the manner
[Title 24 RCW—page 11]
24.03.165
Title 24 RCW: Corporations and Associations
provided in this chapter for the giving of notice of meetings
of members. The proposed amendment shall be adopted
upon receiving at least two-thirds of the votes which
members present at such meeting or represented by proxy
are entitled to cast.
(2) Where there are no members, or no members having
voting rights, with regard to the question, an amendment
shall be adopted at a meeting of the board of directors upon
receiving the vote of a majority of the directors in office.
Any number of amendments may be submitted and
voted upon at any one meeting. [1986 c 240 § 27; 1967 c
235 § 34.]
24.03.170 Articles of amendment. The articles of
amendment shall be executed in duplicate by the corporation
by an officer of the corporation, and shall set forth:
(1) The name of the corporation.
(2) The amendment so adopted.
(3) Where there are members having voting rights, (a)
a statement setting forth the date of the meeting of members
at which the amendment was adopted, that a quorum was
present at such meeting, and that such amendment received
at least two-thirds of the votes which members present at
such meeting or represented by proxy were entitled to cast,
or (b) a statement that such amendment was adopted by a
consent in writing signed by all members entitled to vote
with respect thereto.
(4) Where there are no members, or no members having
voting rights, a statement of such fact, the date of the
meeting of the board of directors at which the amendment
was adopted, and a statement of the fact that such amendment received the vote of a majority of the directors in
office. [1982 c 35 § 85; 1967 c 235 § 35.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.175 Filing of articles of amendment. The
articles of amendment shall be delivered to the secretary of
state. If the secretary of state finds that the articles of
amendment conform to law, the secretary of state shall,
when all fees have been paid as in this chapter prescribed:
(1) Endorse on the articles the word "Filed," and the
effective date of the filing.
(2) File the articles.
The exact or conformed copy of the articles of amendment bearing the filing endorsement affixed thereto by the
secretary of state, shall be returned to the corporation or its
representative. [2002 c 74 § 8; 1982 c 35 § 86; 1967 c 235
§ 36.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Fees: RCW 24.03.405, 24.03.410.
24.03.180 Effect of filing of articles of amendment.
Upon the filing of the articles of amendment by the secretary
of state, or on such later date, not more than thirty days
subsequent to the filing thereof by the secretary of state, as
may be provided in the articles of amendment, the amendment shall become effective and the articles of incorporation
shall be deemed to be amended accordingly.
[Title 24 RCW—page 12]
No amendment shall affect any existing cause of action
in favor of or against such corporation, or any pending
action to which such corporation shall be a party, or the
existing rights of persons other than members; and, in the
event the corporate name shall be changed by amendment,
no action brought by or against such corporation under its
former name shall abate for that reason. [1986 c 240 § 28;
1982 c 35 § 87; 1967 c 235 § 37.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.183 Restated articles of incorporation. A
domestic corporation may at any time restate its articles of
incorporation by a resolution adopted by the board of
directors. A corporation may amend and restate in one
resolution, but may not present the amendments and restatement for filing by the secretary in a single document. Separate articles of amendment, under RCW 24.03.165 and
articles of restatement, under this section, must be presented
notwithstanding the corporation’s adoption of a single
resolution of amendment and restatement.
Upon the adoption of the resolution, restated articles of
incorporation shall be executed in duplicate by the corporation by one of its officers. The restated articles shall set
forth all of the operative provisions of the articles of
incorporation together with a statement that the restated articles of incorporation correctly set forth without change the
provisions of the articles of incorporation as amended and
that the restated articles of incorporation supersede the
original articles of incorporation and all amendments thereto.
The restated articles of incorporation shall be delivered
to the secretary of state. If the secretary of state finds that
the restated articles of incorporation conform to law, the
secretary of state shall, when all fees required by this title
have been paid:
(1) Endorse on the articles the word "Filed" and the date
of the filing;
(2) File the restated articles.
An exact or conformed copy of the restated articles of
incorporation bearing the endorsement affixed thereto by the
secretary of state, shall be returned to the corporation or its
representative.
Upon the filing of the restated articles of incorporation
by the secretary of state, the restated articles of incorporation
shall become effective and shall supersede the original
articles of incorporation and all amendments thereto. [2002
c 74 § 9; 1986 c 240 § 29; 1982 c 35 § 88.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.185 Procedure for merger. Any two or more
domestic corporations subject to this chapter may merge into
one of such corporations pursuant to a plan of merger
approved in the manner provided in this chapter.
Each corporation shall adopt a plan of merger setting
forth:
(1) The names of the corporations proposing to merge,
and the name of the corporation into which they propose to
merge, which is hereinafter designated as the surviving
corporation.
(2002 Ed.)
Washington Nonprofit Corporation Act
(2) The terms and conditions of the proposed merger.
(3) A statement of any changes in the articles of
incorporation of the surviving corporation to be effected by
such merger.
(4) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable. [1986 c 240
§ 30; 1967 c 235 § 38.]
24.03.190 Procedure for consolidation. Any two or
more domestic corporations subject to this chapter may
consolidate into a new corporation pursuant to a plan of
consolidation approved in the manner provided in this chapter.
Each corporation shall adopt a plan of consolidation
setting forth:
(1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they
propose to consolidate, which is hereinafter designated as the
new corporation.
(2) The terms and conditions of the proposed consolidation.
(3) With respect to the new corporation, all of the
statements required to be set forth in articles of incorporation
for corporations organized under this chapter.
(4) Such other provisions with respect to the proposed
consolidation as are deemed necessary or desirable. [1986
c 240 § 31; 1967 c 235 § 39.]
24.03.195 Approval of merger or consolidation. A
plan of merger or consolidation shall be adopted in the
following manner:
(1) Where the members of any merging or consolidating
corporation have voting rights with regard to the question,
the board of directors of such corporation shall adopt a
resolution approving the proposed plan and directing that it
be submitted to a vote at a meeting of members having
voting rights, which may be either an annual or a special
meeting. Written or printed notice setting forth the proposed
plan or a summary thereof shall be given to each member
entitled to vote at such meeting within the time and in the
manner provided in this chapter for the giving of notice of
meetings of members. The proposed plan shall be adopted
upon receiving at least two-thirds of the votes which
members present at each such meeting or represented by
proxy are entitled to cast.
(2) Where any merging or consolidating corporation has
no members, or no members having voting rights with
regard to the question, a plan of merger or consolidation
shall be adopted at a meeting of the board of directors of
such corporation upon receiving the vote of a majority of the
directors in office.
After such approval, and at any time prior to the filing
of the articles of merger or consolidation, the merger or
consolidation may be abandoned pursuant to provisions
therefor, if any, set forth in the plan of merger or consolidation. [1986 c 240 § 32; 1967 c 235 § 40.]
24.03.200 Articles of merger or consolidation. (1)
Upon such approval, articles of merger or articles of consolidation shall be executed by each corporation by an officer of
each corporation, and shall set forth:
(2002 Ed.)
24.03.185
(a) The plan of merger or the plan of consolidation;
(b) Where the members of any merging or consolidating
corporation have voting rights, then as to each such corporation (i) a statement setting forth the date of the meeting of
members at which the plan was adopted, that a quorum was
present at such meeting, and that such plan received at least
two-thirds of the votes which members present at such
meeting or represented by proxy were entitled to cast, or (ii)
a statement that such amendment was adopted by a consent
in writing signed by all members entitled to vote with
respect thereto;
(c) Where any merging or consolidating corporation has
no members, or no members having voting rights, then as to
each such corporation a statement of such fact, the date of
the meeting of the board of directors at which the plan was
adopted and a statement of the fact that such plan received
the vote of a majority of the directors in office.
(2) The articles of merger or articles of consolidation
shall be delivered to the secretary of state. If the secretary
of state finds that such articles conform to law, the secretary
of state shall, when all fees have been paid as in this chapter
prescribed:
(a) Endorse on the articles of merger or consolidation
the word "Filed," and the date of the filing;
(b) File the articles of merger or consolidation.
An exact or conformed copy of the articles of merger or
articles of consolidation bearing the filing endorsement
affixed thereto by the secretary of state, shall be returned to
the surviving or new corporation, as the case may be, or its
representative. [2002 c 74 § 10; 1986 c 240 § 33; 1982 c 35
§ 89; 1967 c 235 § 41.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.205 Merger or consolidation—When effective.
A merger or consolidation shall become effective upon the
filing of the articles of merger or articles of consolidation
with the secretary of state, or on such later date, not more
than thirty days after the filing thereof with the secretary of
state, as shall be provided for in the plan. [1986 c 240 § 34;
1982 c 35 § 90; 1967 c 235 § 42.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.207 Merger or consolidation of domestic and
foreign corporation. One or more foreign corporations and
one or more domestic corporations may be merged or
consolidated in the following manner, if such merger or
consolidation is permitted by the laws of the state under
which each such foreign corporation is organized:
(1) Each domestic corporation shall comply with the
provisions of this title with respect to the merger or consolidation as the case may be, of domestic corporations and each
foreign corporation shall comply with the applicable provisions of the laws of the state under which it is organized.
(2) If the surviving or new corporation in a merger or
consolidation is to be governed by the laws of any state
other than this state, it shall comply with the provisions of
this title with respect to foreign corporations if it is to
[Title 24 RCW—page 13]
24.03.207
Title 24 RCW: Corporations and Associations
transact business in this state, and in every case it shall file
with the secretary of state of this state:
(a) An agreement that it may be served with process in
this state in any proceeding for the enforcement of any
obligation of any domestic corporation which is a party to
the merger or consolidation and in any proceeding for the
enforcement of the rights, if any, of a member of any such
domestic corporation against the surviving or new corporation; and
(b) An irrevocable appointment of the secretary of state
of this state as its agent to accept service of process in any
such proceeding.
The effect of the merger or consolidation shall be the
same as in the case of the merger or consolidation of
domestic corporations, if the surviving or new corporation is
to be governed by the laws of this state. If the surviving or
new corporation is to be governed by the laws of any state
other than this state, the effect of the merger or consolidation
shall be the same as in the case of the merger or consolidation of domestic corporations except as the laws of the other
state provide otherwise.
(3) At any time prior to the effective date of the articles
of merger or consolidation, the merger or consolidation may
be abandoned pursuant to provision therefor, if any, set forth
in the plan of merger or consolidation. In the event the
merger or consolidation is abandoned, the parties thereto
shall execute a notice of abandonment in triplicate signed by
an officer for each corporation signing the notice. If the
secretary of state finds the notice conforms to law, the
secretary of state shall:
(a) Endorse on each of the originals the word "Filed"
and the date of the filing;
(b) File one of the triplicate originals in the secretary of
state’s office; and
(c) Issue the other triplicate originals to the respective
parties or their representatives. [1986 c 240 § 35; 1982 c 35
§ 91.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.210 Effect of merger or consolidation. When
such merger or consolidation has been affected:
(1) The several corporations parties to the plan of
merger or consolidation shall be a single corporation, which,
in the case of a merger, shall be that corporation designated
in the plan of merger as the surviving corporation, and, in
the case of a consolidation, shall be the new corporation
provided for in the plan of consolidation.
(2) The separate existence of all corporations parties to
the plan of merger or consolidation, except the surviving or
new corporation, shall cease.
(3) Such surviving or new corporation shall have all the
rights, privileges, immunities and powers and shall be
subject to all the duties and liabilities of a corporation
organized under this chapter.
(4) Such surviving or new corporation shall thereupon
and thereafter possess all the rights, privileges, immunities,
and franchises, as well of a public as of a private nature, of
each of the merging or consolidating corporations; and all
property, real, personal and mixed, and all debts due on
whatever account, and all other choses in action, and all and
every other interest, of or belonging to or due to each of the
[Title 24 RCW—page 14]
corporations so merged or consolidated, shall be taken and
deemed to be transferred to and vested in such single
corporation without further act or deed; and the title to any
real estate, or any interest therein, vested in any of such
corporations shall not revert or be in any way impaired by
reason of such merger or consolidation.
(5) Such surviving or new corporation shall thenceforth
be responsible and liable for all the liabilities and obligations
of each of the corporations so merged or consolidated; and
any claim existing or action or proceeding pending by or
against any of such corporations may be prosecuted as if
such merger or consolidation had not taken place, or such
surviving or new corporation may be substituted in its place.
Neither the rights of creditors nor any liens upon the
property of any such corporation shall be impaired by such
merger or consolidation.
(6) In the case of a merger, the articles of incorporation
of the surviving corporation shall be deemed to be amended
to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a
consolidation, the statements set forth in the articles of
consolidation and which are required or permitted to be set
forth in the articles of incorporation of corporations organized under this chapter shall be deemed to be the articles of
incorporation of the new corporation. [1967 c 235 § 43.]
24.03.215 Sale, lease, exchange, or other disposition
of assets not in the ordinary course of business. A sale,
lease, exchange, or other disposition of all, or substantially
all, the property and assets of a corporation, if not in the
ordinary course of business, may be made upon such terms
and conditions and for such consideration, which may consist
in whole or in part of money or property, real or personal,
including shares of any corporation for profit, domestic or
foreign, as may be authorized in the following manner:
(1) Where there are members having voting rights with
regard to the question, the board of directors shall adopt a
resolution recommending such sale, lease, exchange, or other
disposition and directing that it be submitted to a vote at a
meeting of members having voting rights, which may be
either an annual or a special meeting. Written or printed
notice stating that the purpose, or one of the purposes, of
such meeting is to consider the sale, lease, exchange, or
other disposition of all, or substantially all, the property and
assets of the corporation shall be given to each member
entitled to vote at such meeting, within the time and in the
manner provided by this chapter for the giving of notice of
meetings of members. At such meeting the members may
authorize such sale, lease, exchange, or other disposition and
may fix, or may authorize the board of directors to fix, any
or all of the terms and conditions thereof and the consideration to be received by the corporation therefor. Such
authorization shall require at least two-thirds of the votes
which members present at such meeting or represented by
proxy are entitled to cast. After such authorization by a vote
of members, the board of directors, nevertheless, in its
discretion, may abandon such sale, lease, exchange, or other
disposition of assets, subject to the rights of third parties
under any contracts relating thereto, without further action or
approval by members.
(2002 Ed.)
Washington Nonprofit Corporation Act
(2) Where there are no members, or no members having
voting rights with regard to the question, a sale, lease,
exchange, or other disposition of all, or substantially all, the
property and assets of a corporation shall be authorized upon
receiving the vote of a majority of the directors in office.
[1986 c 240 § 36; 1967 c 235 § 44.]
24.03.217 Sale, lease, exchange, or disposition of
assets in course of business—Mortgage and pledge of
assets. The sale, lease, exchange or other disposition of all,
or substantially all, the property and assets of a corporation
in the usual and regular course of its business and the
mortgage or pledge of any or all property and assets of a
corporation whether or not in the usual course of business
may be made upon such terms and conditions and for such
consideration, which may consist in whole or in part of
money or property, real or personal, including shares,
obligations, or other securities of any other corporation,
domestic or foreign, as shall be authorized by its board of
directors. In any such case, no other authorization or
consent of any member shall be required. [1986 c 240 §
37.]
24.03.220 Voluntary dissolution. A corporation may
dissolve and wind up its affairs in the following manner:
(1) Where there are members having voting rights with
regard to the question, the board of directors shall adopt a
resolution recommending that the corporation be dissolved,
and directing that the question of such dissolution be
submitted to a vote at a meeting of members having such
voting rights, which may be either an annual or a special
meeting. Written or printed notice stating that the purpose,
or one of the purposes, of such meeting is to consider the
advisability of dissolving the corporation, shall be given to
each member entitled to vote at such meeting, within the
time and in the manner provided in this chapter for the
giving of notice of meetings of members. A resolution to
dissolve the corporation shall be adopted upon receiving at
least two-thirds of the votes which members present at such
meeting or represented by proxy are entitled to cast.
(2) Where there are no members, or no members having
voting rights with regard to the question, the dissolution of
the corporation shall be authorized at a meeting of the board
of directors upon the adoption of a resolution to dissolve by
the vote of a majority of the directors in office.
Upon the adoption of such resolution by the members,
or by the board of directors where there are no members or
no members having voting rights, the corporation shall cease
to conduct its affairs except in so far as may be necessary
for the winding up thereof, shall immediately cause a notice
of the proposed dissolution to be mailed to each known
creditor of the corporation, to the attorney general with
respect to assets subject to RCW 24.03.225(3), and to the
department of revenue, and shall proceed to collect its assets
and apply and distribute them as provided in this chapter.
[1986 c 240 § 38; 1982 c 35 § 92; 1967 c 235 § 45.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2002 Ed.)
24.03.215
24.03.225 Distribution of assets. The assets of a
corporation in the process of dissolution shall be applied and
distributed as follows:
(1) All liabilities and obligations of the corporation shall
be paid, satisfied and discharged, or adequate provision shall
be made therefor;
(2) Assets held by the corporation upon condition
requiring return, transfer or conveyance, which condition
occurs by reason of the dissolution, shall be returned,
transferred or conveyed in accordance with such requirements;
(3) Assets received and held by the corporation subject
to limitations permitting their use only for charitable,
religious, eleemosynary, benevolent, educational or similar
purposes, but not held upon a condition requiring return,
transfer or conveyance by reason of the dissolution, shall be
transferred or conveyed to one or more domestic or foreign
corporations, societies or organizations engaged in activities
substantially similar to those of the dissolving corporation,
pursuant to a plan of distribution adopted as provided in this
chapter;
(4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or
the bylaws to the extent that the articles of incorporation or
bylaws determine the distributive rights of members, or any
class or classes of members, or provide for distribution to
others;
(5) Any remaining assets may be distributed to such
persons, societies, organizations or domestic or foreign
corporations, whether for profit or not for profit, as may be
specified in a plan of distribution adopted as provided in this
chapter. [1967 c 235 § 46.]
24.03.230 Plan of distribution. A plan providing for
the distribution of assets, not inconsistent with the provisions
of this chapter, may be adopted by a corporation in the
process of dissolution and shall be adopted by a corporation
for the purpose of authorizing any transfer or conveyance of
assets for which this chapter requires a plan of distribution,
in the following manner:
(1) Where there are members having voting rights, the
board of directors shall adopt a resolution recommending a
plan of distribution and directing the submission thereof to
a vote at a meeting of members having voting rights, which
may be either an annual or a special meeting. Written or
printed notice setting forth the proposed plan of distribution
or a summary thereof shall be given to each member entitled
to vote at such meeting, within the time and in the manner
provided in this chapter for the giving of notice of meetings
of members. Such plan of distribution shall be adopted upon
receiving at least two-thirds of the votes which members
present at such meeting or represented by proxy are entitled
to cast.
(2) Where there are no members, or no members having
voting rights, a plan of distribution shall be adopted at a
meeting of the board of directors upon receiving a vote of a
majority of the directors in office.
If the plan of distribution includes assets received and
held by the corporation subject to limitations described in
subsection (3) of RCW 24.03.225, notice of the adoption of
the proposed plan shall be submitted to the attorney general
[Title 24 RCW—page 15]
24.03.230
Title 24 RCW: Corporations and Associations
by registered or certified mail directed to him at his office in
Olympia, at least twenty days prior to the meeting at which
the proposed plan is to be adopted. No plan for the distribution of such assets may be adopted without the approval of
the attorney general, or the approval of a court of competent
jurisdiction in a proceeding to which the attorney general is
made a party. In the event that an objection is not filed
within twenty days after the date of mailing, his approval
shall be deemed to have been given. [1969 ex.s. c 115 § 3;
1967 c 235 § 47.]
24.03.235 Revocation of voluntary dissolution
proceedings. A corporation may, at any time prior to the
issuance of a certificate of dissolution by the secretary of
state, revoke the action theretofore taken to dissolve the
corporation, in the following manner:
(1) Where there are members having voting rights, the
board of directors shall adopt a resolution recommending
that the voluntary dissolution proceedings be revoked, and
directing that the question of such revocation be submitted
to a vote at a meeting of members having voting rights,
which may be either an annual or a special meeting. Written
or printed notice stating that the purpose, or one of the
purposes, of such meeting is to consider the advisability of
revoking the voluntary dissolution proceedings, shall be
given to each member entitled to vote at such meeting,
within the time and in the manner provided in this chapter
for the giving of notice of meetings of members. A resolution to revoke the voluntary dissolution proceedings shall be
adopted upon receiving at least two-thirds of the votes which
members present at such meeting or represented by proxy
are entitled to cast.
(2) Where there are no members, or no members having
voting rights, a resolution to revoke the voluntary dissolution
proceedings shall be adopted at a meeting of the board of
directors upon receiving the vote of a majority of the
directors in office.
Upon the adoption of such resolution by the members,
or by the board of directors where there are no members or
no members having voting rights, the corporation may
thereupon again conduct its affairs. [1967 c 235 § 48.]
Notice of members’ meetings: RCW 24.03.080.
24.03.240 Articles of dissolution. If voluntary
dissolution proceedings have not been revoked, then when all
debts, liabilities and obligations of the corporation shall have
been paid and discharged, or adequate provision shall have
been made therefor, and all of the remaining property and
assets of the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this
chapter, articles of dissolution shall be executed in duplicate
by the corporation by an officer of the corporation and shall
set forth:
(1) The name of the corporation.
(2) Where there are members having voting rights, (a)
a statement setting forth the date of the meeting of members
at which the resolution to dissolve was adopted, that a
quorum was present at such meeting, and that such resolution received at least two-thirds of the votes which members
present at such meeting or represented by proxy were
entitled to cast, or (b) a statement that such resolution was
[Title 24 RCW—page 16]
adopted by a consent in writing signed by all members
entitled to vote with respect thereto.
(3) Where there are no members, or no members having
voting rights, a statement of such fact, the date of the
meeting of the board of directors at which the resolution to
dissolve was adopted and a statement of the fact that such
resolution received the vote of a majority of the directors in
office.
(4) That all debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate
provision has been made therefor.
(5) A copy of a revenue clearance certificate issued
pursuant to chapter 82.32 RCW.
(6) That all the remaining property and assets of the
corporation have been transferred, conveyed or distributed in
accordance with the provisions of this chapter.
(7) That there are no suits pending against the corporation in any court, or that adequate provision has been made
for the satisfaction of any judgment, order or decree which
may be entered against it in any pending suit. [1993 c 356
§ 4; 1982 c 35 § 93; 1967 c 235 § 49.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.245 Filing of articles of dissolution. Articles
of dissolution shall be delivered to the secretary of state. If
the secretary of state finds that such articles of dissolution
conform to law, the secretary of state shall, when all
requirements have been met as in this chapter prescribed:
(1) Endorse on the articles of dissolution the word
"Filed," and the effective date of the filing.
(2) File the articles of dissolution.
The exact or conformed copy of the articles of dissolution, bearing the filing endorsement affixed thereto by the
secretary of state, shall be returned to the representative of
the dissolved corporation. Upon the filing of such articles
of dissolution the existence of the corporation shall cease,
except for the purpose of suits, other proceedings and appropriate corporate action by members, directors and officers as
provided in this chapter. [2002 c 74 § 11; 1982 c 35 § 94;
1967 c 235 § 50.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.250 Involuntary dissolution. A corporation
may be dissolved involuntarily by a decree of the superior
court in an action filed by the attorney general when it is
established that:
(1) The corporation procured its articles of incorporation
through fraud; or
(2) The corporation has continued to exceed or abuse
the authority conferred upon it by law. [1969 ex.s. c 163 §
2; 1967 c 235 § 51.]
Filing annual or biennial report: RCW 24.03.400.
24.03.255 Notification to attorney general. The
secretary of state shall certify, from time to time, the names
of all corporations which have given cause for dissolution as
provided in RCW 24.03.250, together with the facts pertinent
(2002 Ed.)
Washington Nonprofit Corporation Act
thereto. Whenever the secretary of state shall certify the
name of a corporation to the attorney general as having
given any cause for dissolution, the secretary of state shall
concurrently mail to the corporation at its registered office
a notice that such certification has been made. Upon the receipt of such certification, the attorney general shall file an
action in the name of the state against such corporation for
its dissolution. [1982 c 35 § 95; 1969 ex.s. c 163 § 3; 1967
c 235 § 52.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.260 Venue and process. Every action for the
involuntary dissolution of a corporation shall be commenced
by the attorney general either in the superior court of the
county in which the registered office of the corporation is
situated, or in the superior court of Thurston county.
Summons shall issue and be served as in other civil actions.
If process is returned not found, the attorney general shall
cause publication to be made as in other civil cases in some
newspaper published in the county where the registered
office of the corporation is situated, containing a notice of
the pendency of such action, the title of the court, the title of
the action, and the date on or after which default may be
entered. The attorney general may include in one notice the
names of any number of corporations against which actions
are then pending in the same court. The attorney general
shall cause a copy of such notice to be mailed to the
corporation at its registered office within ten days after the
first publication thereof. The certificate of the attorney
general of the mailing of such notice shall be prima facie
evidence thereof. Such notice shall be published at least
once each week for two successive weeks, and the first
publication thereof may begin at any time after the summons
has been returned. Unless a corporation shall have been
served with summons, no default shall be taken against it
earlier than thirty days after the first publication of such
notice. [1967 c 235 § 53.]
24.03.265 Jurisdiction of court to liquidate assets
and affairs of corporation. Superior courts shall have full
power to liquidate the assets and affairs of a corporation:
(1) In an action by a member, director, or the attorney
general when it is made to appear:
(a) That the directors are deadlocked in the management
of the corporate affairs and that irreparable injury to the
corporation is being suffered or is threatened by reason
thereof, and either that the members are unable to break the
deadlock or there are no members having voting rights; or
(b) That the acts of the directors or those in control of
the corporation are illegal, oppressive or fraudulent; or
(c) That the corporate assets are being misapplied or
wasted; or
(d) That the corporation is unable to carry out its
purposes.
(2) In an action by a creditor:
(a) When the claim of the creditor has been reduced to
judgment and an execution thereon has been returned
unsatisfied and it is established that the corporation is
insolvent; or
(2002 Ed.)
24.03.255
(b) When the corporation has admitted in writing that
the claim of the creditor is due and owing and it is established that the corporation is insolvent.
(3) Upon application by a corporation to have its
dissolution continued under the supervision of the court.
(4) When an action has been filed by the attorney
general to dissolve a corporation under the provisions of this
chapter and it is established that liquidation of its affairs
should precede the entry of a decree of dissolution.
Proceedings under subsections (1), (2), or (3) of this
section shall be brought in the county in which the registered
office or the principal office of the corporation is situated.
It shall not be necessary to make directors or members
parties to any such action or proceedings unless relief is
sought against them personally. [1986 c 240 § 39; 1967 c
235 § 54.]
24.03.270 Procedure in liquidation of corporation
by court. In proceedings to liquidate the assets and affairs
of a corporation the court shall have the power to issue
injunctions, to appoint a receiver or receivers pendente lite,
with such powers and duties as the court, from time to time,
may direct, and to take such other proceedings as may be
requisite to preserve the corporate assets wherever situated,
and carry on the affairs of the corporation until a full hearing
can be had.
After a hearing had upon such notice as the court may
direct to be given to all parties to the proceedings and to any
other parties in interest designated by the court, the court
may appoint a liquidating receiver or receivers with authority
to collect the assets of the corporation. Such liquidating
receiver or receivers shall have authority, subject to the order
of the court, to sell, convey and dispose of all or any part of
the assets of the corporation wherever situated, either at
public or private sale. The order appointing such liquidating
receiver or receivers shall state their powers and duties.
Such powers and duties may be increased or diminished at
any time during the proceedings.
The assets of the corporation or the proceeds resulting
from the sale, conveyance, or other disposition thereof shall
be applied and distributed as follows:
(1) All costs and expenses of the court proceedings and
all liabilities and obligations of the corporation shall be paid,
satisfied and discharged, or adequate provision shall be made
therefor;
(2) Assets held by the corporation upon condition
requiring return, transfer or conveyance, which condition
occurs by reason of the dissolution or liquidation, shall be
returned, transferred or conveyed in accordance with such
requirements;
(3) Assets received and held by the corporation subject
to limitations permitting their use only for charitable,
religious, eleemosynary, benevolent, educational or similar
purposes, but not held upon a condition requiring return,
transfer or conveyance by reason of the dissolution or
liquidation, shall be transferred or conveyed to one or more
domestic or foreign corporations, societies or organizations
engaged in activities substantially similar to those of the
dissolving or liquidating corporation as the court may direct;
(4) Other assets, if any, shall be distributed in accordance with the provisions of the articles of incorporation or
[Title 24 RCW—page 17]
24.03.270
Title 24 RCW: Corporations and Associations
the bylaws to the extent that the articles of incorporation or
bylaws determine the distributive rights of members, or any
class or classes of members, or provide for distribution to
others;
(5) Any remaining assets may be distributed to such
persons, societies, organizations or domestic or foreign
corporations, whether for profit or not for profit, specified in
the plan of distribution adopted as provided in this chapter,
or where no plan of distribution has been adopted, as the
court may direct.
The court shall have power to allow, from time to time,
as expenses of the liquidation compensation to the receiver
or receivers and to attorneys in the proceeding, and to direct
the payment thereof out of the assets of the corporation or
the proceeds of any sale or disposition of such assets.
A receiver of a corporation appointed under the provisions of this section shall have authority to sue and defend
in all courts in his own name as receiver of such corporation. The court appointing such receiver shall have exclusive
jurisdiction of the corporation and its property, wherever
situated. [1967 c 235 § 55.]
24.03.275 Qualification of receivers—Bond. A
receiver shall in all cases be a citizen of the United States or
a corporation for profit authorized to act as receiver, which
corporation may be a domestic corporation or a foreign
corporation authorized to transact business in this state, and
shall in all cases give such bond as the court may direct with
such sureties as the court may require. [1967 c 235 § 56.]
24.03.280 Filing of claims in liquidation proceedings. In proceedings to liquidate the assets and affairs of a
corporation the court may require all creditors of the
corporation to file with the clerk of the court or with the
receiver, in such form as the court may prescribe, proofs
under oath of their respective claims. If the court requires
the filing of claims it shall fix a date, which shall be not less
than four months from the date of the order, as the last day
for the filing of claims, and shall prescribe the notice that
shall be given to creditors and claimants of the date so fixed.
Prior to the date so fixed, the court may extend the time for
the filing of claims. Creditors and claimants failing to file
proofs of claim on or before the date so fixed may be
barred, by order of court, from participating in the distribution of the assets of the corporation. [1967 c 235 § 57.]
24.03.285 Discontinuance of liquidation proceedings. The liquidation of the assets and affairs of a corporation may be discontinued at any time during the liquidation
proceedings when it is established that cause for liquidation
no longer exists. In such event the court shall dismiss the
proceedings and direct the receiver to redeliver to the
corporation all its remaining property and assets. [1967 c
235 § 58.]
24.03.290 Decree of involuntary dissolution. In
proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and
all debts, obligations, and liabilities of the corporation shall
have been paid and discharged and all of its remaining
property and assets distributed in accordance with the
[Title 24 RCW—page 18]
provisions of this chapter, or in case its property and assets
are not sufficient to satisfy and discharge such costs,
expenses, debts, and obligations, and all the property and
assets have been applied so far as they will go to their
payment, the court shall enter a decree dissolving the
corporation, whereupon the existence of the corporation shall
cease. [1967 c 235 § 59.]
24.03.295 Filing of decree of dissolution. In case the
court shall enter a decree dissolving a corporation, it shall be
the duty of the clerk of such court to cause a certified copy
of the decree to be filed with the secretary of state. No fee
shall be charged by the clerk for issuance or by the secretary
of state for the filing thereof. [1986 c 240 § 40; 1967 c 235
§ 60.]
24.03.300 Survival of remedy after dissolution—
Extension of duration of corporation. The dissolution of
a corporation either (1) by the filing and issuance of a
certificate of dissolution, voluntary or administrative, by the
secretary of state, or (2) by a decree of court when the court
has not liquidated the assets and affairs of the corporation as
provided in this chapter, or (3) by expiration of its period of
duration, shall not take away or impair any remedy available
to or against such corporation, its directors, officers, or
members, for any right or claim existing, or any liability
incurred, prior to such dissolution if action or other proceeding thereon is commenced within two years after the date of
such dissolution. Any such action or proceeding by or
against the corporation may be prosecuted or defended by
the corporation in its corporate name. The members,
directors and officers shall have power to take such corporate or other action as shall be appropriate to protect such
remedy, right or claim. If such corporation was dissolved by
the expiration of its period of duration, such corporation may
amend its articles of incorporation at any time during such
period of two years after expiration so as to extend its period
of duration. If, during the period of dissolution, another
person or corporation has reserved or adopted a corporate
name which is identical to or deceptively similar to the
dissolved corporation’s name, the corporation extending its
period of duration shall be required to adopt another name
consistent with the requirements of this chapter and to
amend its articles of incorporation accordingly. The corporation shall also pay to the state all fees and penalties which
would otherwise have been due if the corporate charter had
not expired, plus a reinstatement fee as provided in this
chapter. [1986 c 240 § 41; 1982 c 35 § 96; 1967 c 235 §
61.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.302 Administrative dissolution—Grounds—
Notice—Reinstatement—Fee set by rule—Corporate
name—Survival of actions. A corporation shall be administratively dissolved by the secretary of state upon the
conditions prescribed in this section when the corporation:
(1) Has failed to file or complete its annual report
within the time required by law; or
(2) Has failed for thirty days to appoint or maintain a
registered agent in this state; or
(2002 Ed.)
Washington Nonprofit Corporation Act
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the
secretary of state a statement of such change.
A corporation shall not be dissolved under this section
unless the secretary of state has given the corporation not
less than sixty days’ notice of its delinquency or omission,
by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last
known address of any officer or director as shown by the
records of the secretary of state, and unless the corporation
has failed to correct the omission or delinquency before
expiration of the sixty-day period.
When a corporation has given cause for dissolution
under this section, and has failed to correct the delinquency
or omission as provided in this section, the secretary of the
state shall dissolve the corporation by issuing a certificate of
administrative dissolution containing a statement that the
corporation has been dissolved and the date and reason for
which it was dissolved. The original certificate of administrative dissolution shall be filed in the records of the secretary of state, and a copy of the certificate shall forthwith be
mailed to the corporation at its registered office or, if there
is no registered office, to the last known address of the
corporation or any officer, director, or incorporator of the
corporation, as shown by the records of the secretary of
state. Upon the filing of the certificate of administrative
dissolution, the existence of the corporation shall cease,
except as otherwise provided in this chapter, and its name
shall be available to and may be adopted by another corporation after the dissolution.
Any notice provided by the secretary of state under this
section shall be designed to clearly identify and warn the
recipient of the contents thereof. A delinquency notice shall
provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and
the action necessary to cure the delinquency or omission
prior to dissolution.
A corporation which has been dissolved by operation of
this section may be reinstated within a period of three years
following its administrative dissolution if it completes and
files a current annual report for the reinstatement year or if
it appoints or maintains a registered agent, or if it files with
the secretary of state a required statement of change of registered agent or registered office and in addition, if it pays
a reinstatement fee as set by rule by the secretary plus the
full amount of all annual fees that would have been assessed
for the years of administrative dissolution had the corporation been in active status, including the reinstatement year
plus any penalties established by rule by the secretary of
state. If, during the period of dissolution, another person or
corporation has reserved or adopted a corporate name which
is identical to or deceptively similar to the dissolved
corporation’s name, the dissolved corporation seeking
reinstatement shall be required to adopt another name
consistent with the requirements of this chapter and to
amend its articles of incorporation accordingly. When a
corporation has been dissolved by operation of this section,
remedies available to or against it shall survive in the
manner provided in RCW 24.03.300 and the directors of the
corporation shall hold the title to the property of the corporation as trustees for the benefit of its creditors and members.
[1994 c 287 § 8; 1993 c 356 § 5; 1987 c 117 § 3; 1986 c
(2002 Ed.)
24.03.302
240 § 42; 1982 c 35 § 97; 1971 ex.s. c 128 § 1; 1969 ex.s.
c 163 § 9.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.3025 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 2.]
24.03.303 Reinstatement under certain circumstances—Request for relief. The secretary of state may, where
exigent or mitigating circumstances are presented, reinstate
to full active status any corporation previously in good
standing which would otherwise be penalized or lose its
active status. Any corporation desiring to seek relief under
this section shall, within fifteen days of discovery by
corporate officials of the missed filing or lapse, notify the
secretary of state in writing. The notification shall include
the name and mailing address of the corporation, the
corporate officer to whom correspondence should be sent,
and a statement under oath by a responsible corporate
officer, setting forth the nature of the missed filing or lapse,
the circumstances giving rise to the missed filing or lapse,
and the relief sought. Upon receipt of the notice, the
secretary of state shall investigate the circumstances of the
missed filing or lapse. If the secretary of state is satisfied
that sufficient exigent or mitigating circumstances exist, that
the corporation has demonstrated good faith and a reasonable
attempt to comply with the applicable corporate license
statutes of this state, that disproportionate harm would occur
to the corporation if relief were not granted, and that relief
would not be contrary to the public interest expressed in this
title, the secretary may issue an order reinstating the corporation and specifying any terms and conditions of the relief.
Reinstatement may relate back to the date of lapse or
dissolution. If the secretary of state determines the request
does not comply with the requirements for relief, the secretary shall issue an order denying the requested relief and
stating the reasons for the denial. Any denial of relief by
the secretary of state is final and is not appealable. The
secretary of state shall keep records of all requests for relief
and the disposition of the requests. The secretary of state
shall annually report to the legislature the number of relief
requests received in the preceding year and a summary of
the secretary’s disposition of the requests. [1987 c 117 § 6.]
24.03.305 Admission of foreign corporation. No
foreign corporation shall have the right to conduct affairs in
this state until it shall have procured a certificate of authority
so to do from the secretary of state. No foreign corporation
shall be entitled to procure a certificate of authority under
this chapter to conduct in this state any affairs which a
corporation organized under this chapter is not permitted to
conduct. A foreign corporation shall not be denied a
certificate of authority by reason of the fact that the laws of
the state or country under which such corporation is organized governing its organization and internal affairs differ
from the laws of this state, and nothing in this chapter
[Title 24 RCW—page 19]
24.03.305
Title 24 RCW: Corporations and Associations
contained shall be construed to authorize this state to
regulate the organization or the internal affairs of such
corporation.
Without excluding other activities which may not
constitute conducting affairs in this state, a foreign corporation shall not be considered to be conducting affairs in this
state, for the purposes of this chapter, by reason of carrying
on in this state any one or more of the following activities:
(1) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the
settlement thereof or the settlement of claims or disputes.
(2) Holding meetings of its directors or members or
carrying on other activities concerning its internal affairs.
(3) Maintaining bank accounts.
(4) Creating evidences of debt, mortgages or liens on
real or personal property.
(5) Securing or collecting debts due to it or enforcing
any rights in property securing the same.
(6) Effecting sales through independent contractors.
(7) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where such orders
require acceptance without this state before becoming
binding contracts.
(8) Creating as borrower or lender, or acquiring,
indebtedness or mortgages or other security interests in real
or personal property.
(9) Securing or collecting debts or enforcing any rights
in property securing the same.
(10) Transacting any business in interstate commerce.
(11) Conducting an isolated transaction completed
within a period of thirty days and not in the course of a
number of repeated transactions of like nature.
(12) Operating an approved branch campus of a foreign
degree-granting institution in compliance with chapter
28B.90 RCW and in accordance with RCW 24.03.307.
[1993 c 181 § 12; 1986 c 240 § 43; 1967 c 235 § 62.]
24.03.307 Foreign degree-granting institution
branch campus—Acts not deemed transacting business in
state. In addition to those acts that are specified in RCW
24.03.305 (1) through (11), a foreign degree-granting
institution that establishes an approved branch campus in the
state under chapter 28B.90 RCW shall not be deemed to
transact business in the state solely because it:
(1) Owns and controls an incorporated branch campus
in this state;
(2) Pays the expenses of tuition, or room and board
charged by the incorporated branch campus for its students
enrolled at the branch campus or contributes to the capital
thereof; or
(3) Provides personnel who furnish assistance and
counsel to its students while in the state but who have no
authority to enter into any transactions for or on behalf of
the foreign degree-granting institution. [1993 c 181 § 6.]
24.03.310 Powers of foreign corporation. A foreign
corporation which shall have received a certificate of
authority under this chapter shall, until a certificate of
revocation or of withdrawal shall have been issued as
provided in this chapter, enjoy the same, but no greater,
rights and privileges as a domestic corporation organized for
[Title 24 RCW—page 20]
the purposes set forth in the application pursuant to which
such certificate of authorization is issued; and, except as in
this chapter otherwise provided, shall be subject to the same
duties, restrictions, penalties and liabilities now or hereafter
imposed upon a domestic corporation of like character.
[1967 c 235 § 63.]
24.03.315 Corporate name of foreign corporation—
Fictitious name. No certificate of authority shall be issued
to a foreign corporation unless the corporate name of such
corporation complies with the provisions of RCW 24.03.045.
However, a foreign corporation applying for a certificate of
authority may file with the secretary of state a resolution of
its board of directors adopting a fictitious name for use in
transacting business in this state, if the fictitious name
complies with RCW 24.03.045. [1982 c 35 § 98; 1967 c
235 § 64.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Registration of corporate name: RCW 24.03.047.
Reservation of exclusive right to use a corporate name: RCW 24.03.046.
24.03.320 Change of name by foreign corporation.
Whenever a foreign corporation which is authorized to
conduct affairs in this state shall change its name to one
under which a certificate of authority would not be granted
to it on application therefor, the certificate of authority of
such corporation shall be suspended and it shall not thereafter conduct any affairs in this state until it has changed its
name to a name which is available to it under the laws of
this state or has otherwise complied with the provisions of
this chapter. [1986 c 240 § 44; 1967 c 235 § 65.]
24.03.325 Application for certificate of authority.
A foreign corporation, in order to procure a certificate of
authority to conduct affairs in this state, shall make application therefor to the secretary of state, which application shall
set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) If the name of the corporation contains the word
"corporation," "company," "incorporated," or "limited," or
contains an abbreviation of one of such words, then the
name of the corporation which it elects for use in this state.
(3) The date of incorporation and the period of duration
of the corporation.
(4) The address of the principal office of the corporation.
(5) A statement that a registered agent has been appointed and the name and address of such agent, and that a
registered office exists and the address of such registered
office is identical to that of the registered agent.
(6) The purpose or purposes of the corporation which it
proposes to pursue in conducting its affairs in this state.
(7) The names and respective addresses of the directors
and officers of the corporation.
(8) Such additional information as may be necessary or
appropriate in order to enable the secretary of state to
determine whether such corporation is entitled to a certificate
of authority to conduct affairs in this state.
(2002 Ed.)
Washington Nonprofit Corporation Act
The application shall be made in the form prescribed by
the secretary of state and shall be executed by the corporation by one of its officers.
The application shall be accompanied by a certificate of
good standing which has been issued no more than sixty
days before the date of filing of the application for a
certificate of authority to do business in this state and has
been certified to by the proper officer of the state or country
under the laws of which the corporation is incorporated.
[2002 c 74 § 12; 1986 c 240 § 45; 1967 c 235 § 66.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
24.03.330 Filing of application for certificate of
authority. The application of the corporation for a certificate of authority shall be delivered to the secretary of state.
If the secretary of state finds that such application conforms to law, the secretary of state shall, when all fees have
been paid as in this chapter prescribed:
(1) Endorse on each of such documents the word
"Filed," and the date of the filing.
(2) File the application and the copy of the articles of
incorporation and amendments thereto.
(3) Issue a certificate of authority to conduct affairs in
this state.
An exact or conformed copy of the application bearing
the filing endorsement affixed thereto by the secretary of
state, shall be returned to the corporation or its representative. [2002 c 74 § 13; 1986 c 240 § 46; 1982 c 35 § 99;
1969 ex.s. c 163 § 4; 1967 c 235 § 67.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.332 Certificate of authority as insurance
company—Filing of documents. For those corporations
that have a certificate of authority, are applying for, or
intend to apply for a certificate of authority from the
insurance commissioner as an insurance company under
chapter 48.05 RCW, whenever under this chapter corporate
documents are required to be filed with the secretary of
state, the documents shall be filed with the insurance
commissioner rather than the secretary of state. [1998 c 23
§ 12.]
24.03.334 Certificate of authority as insurance
company—Registration or reservation of name. For those
corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the
registration or reservation shall be filed with the insurance
commissioner rather than the secretary of state. The
secretary of state and insurance commissioner shall cooperate
with each other in registering or reserving a corporate name
so that there is no duplication of the name. [1998 c 23 §
13.]
24.03.335 Effect of certificate of authority. Upon
the filing of the application for certificate of authority by the
secretary of state, the corporation shall be authorized to
conduct affairs in this state for those purposes set forth in its
(2002 Ed.)
24.03.325
application, subject, however, to the right of this state to
suspend or to revoke such authority as provided in this chapter. [1982 c 35 § 100; 1967 c 235 § 68.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.340 Registered office and registered agent of
foreign corporation. Each foreign corporation authorized
to conduct affairs in this state shall have and continuously
maintain in this state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall
be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address
or rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in conjunction with the registered office
address if the corporation also maintains on file the specific
geographic address of the registered office where personal
service of process may be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is
identical with such registered office, or a domestic corporation, whether for profit or not for profit, or a foreign corporation, whether for profit or not for profit, authorized to
transact business or conduct affairs in this state, having an
office identical with such registered office. A registered
agent shall not be appointed without having given prior
written consent to the appointment. The written consent
shall be filed with the secretary of state in such form as the
secretary may prescribe. The written consent shall be filed
with or as a part of the document first appointing a registered agent. In the event any individual or corporation has
been appointed agent without consent, that person or
corporation may file a notarized statement attesting to that
fact, and the name shall forthwith be removed from the records of the secretary of state.
No foreign corporation authorized to transact business
in this state may be permitted to maintain any action in any
court in this state until the corporation complies with the
requirements of this section. [1982 c 35 § 101; 1967 c 235
§ 69.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.345 Change of registered office or registered
agent of foreign corporation. A foreign corporation
authorized to conduct affairs in this state may change its
registered office or change its registered agent, or both, upon
filing in the office of the secretary of state in a form
approved by the secretary of state a statement setting forth:
(1) The name of the corporation.
(2) If the current registered office is to be changed, the
street address to which the registered office is to be changed.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
[Title 24 RCW—page 21]
24.03.345
Title 24 RCW: Corporations and Associations
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary
of state, together with a written consent of the registered
agent to his or its appointment, if applicable. If the
secretary of state finds that such statement conforms to the
provisions of this chapter, the secretary of state shall endorse
thereon the word "Filed," and the month, day, and year of
the filing thereof, and file the statement. The change of
address of the registered office, or the appointment of a new
registered agent, or both, as the case may be, shall become
effective upon filing unless a later date is specified.
Any registered agent in this state appointed by a foreign
corporation may resign as such agent upon filing a written
notice thereof, executed in duplicate, with the secretary of
state who shall forthwith mail a copy thereof to the secretary
of the foreign corporation at its principal office as shown by
its most recent annual report. The appointment of such
agent shall terminate upon the expiration of thirty days after
receipt of such notice by the secretary of state.
If a registered agent changes his business address to
another place within the state, the registered agent may
change such address and the address of the registered office
of any corporation of which the registered agent is a registered agent by filing a statement as required by this section,
except that it need be signed only by the registered agent, it
need not be responsive to subsection (3) of this section, and
it must recite that a copy of the statement has been mailed
to the corporation. [1993 c 356 § 6; 1986 c 240 § 47; 1982
c 35 § 102; 1967 c 235 § 70.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.350 Service on foreign corporation. The
registered agent so appointed by a foreign corporation
authorized to conduct affairs in this state shall be an agent
of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served.
Whenever a foreign corporation authorized to conduct
affairs in this state shall fail to appoint or maintain a
registered agent in this state, or whenever any such registered agent cannot with reasonable diligence be found at the
registered office, or whenever the certificate of authority of
a foreign corporation shall be suspended or revoked, then the
secretary of state shall be an agent of such corporation upon
whom any such process, notice, or demand may be served.
Service on the secretary of state of any such process, notice,
or demand shall be made by delivering to and leaving with
the secretary of state, or with any duly authorized clerk of
the corporation department of the secretary of state’s office,
duplicate copies of such process, notice or demand. In the
event any such process, notice or demand is served on the
secretary of state, the secretary of state shall immediately
cause one of such copies thereof to be forwarded by certified
mail, addressed to the secretary of the corporation as shown
on the records of the secretary of state. Any service so had
[Title 24 RCW—page 22]
on the secretary of state shall be returnable in not less than
thirty days.
The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state
under this section, and shall record therein the time of such
service and his action with reference thereto.
Nothing herein contained shall limit or affect the right
to serve any process, notice or demand, required or permitted
by law to be served upon a corporation in any other manner
now or hereafter permitted by law. [1986 c 240 § 48; 1982
c 35 § 103; 1967 c 235 § 71.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.360 Merger of foreign corporation authorized
to conduct affairs in this state. Whenever a foreign
corporation authorized to conduct affairs in this state shall be
a party to a statutory merger permitted by the laws of the
state or country under the laws of which it is incorporated,
and such corporation shall be the surviving corporation, it
shall not be necessary for such corporation to procure either
a new or amended certificate of authority to conduct affairs
in this state unless the name of such corporation be changed
thereby or unless the corporation desires to pursue in this
state other or additional purposes than those which it is then
authorized to pursue in this state. [1986 c 240 § 49; 1967
c 235 § 73.]
Purposes: RCW 24.03.015.
24.03.365 Amended certificate of authority. A
foreign corporation authorized to conduct affairs in this state
shall procure an amended certificate of authority in the event
it changes its corporate name, or desires to pursue in this
state other or additional purposes than those set forth in its
prior application for a certificate of authority, by making application therefor to the secretary of state.
The requirements in respect to the form and contents of
such application, the manner of its execution, the filing of
duplicate originals thereof with the secretary of state, the
issuance of an amended certificate of authority and the effect
thereof, shall be the same as in the case of an original application for a certificate of authority. [1967 c 235 § 74.]
24.03.370 Withdrawal of foreign corporation. A
foreign corporation authorized to conduct affairs in this state
may withdraw from this state upon procuring from the
secretary of state a certificate of withdrawal. In order to
procure such certificate of withdrawal, such foreign corporation shall deliver to the secretary of state an application for
withdrawal, which shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) That the corporation is not conducting affairs in this
state.
(3) That the corporation surrenders its authority to
conduct affairs in this state.
(4) That the corporation revokes the authority of its
registered agent in this state to accept service of process and
consents that service of process in any action, suit or
proceeding based upon any cause of action arising in this
state during the time the corporation was authorized to con(2002 Ed.)
Washington Nonprofit Corporation Act
duct affairs in this state may thereafter be made on such
corporation by service thereof on the secretary of state.
(5) A copy of a revenue clearance certificate issued
pursuant to chapter 82.32 RCW.
(6) A post office address to which the secretary of state
may mail a copy of any process against the corporation that
may be served on the secretary of state.
The application for withdrawal shall be made on forms
prescribed and furnished by the secretary of state and shall
be executed by the corporation by an officer of the corporation, or, if the corporation is in the hands of a receiver or
trustee, shall be executed on behalf of the corporation by
such receiver or trustee. [1993 c 356 § 7; 1982 c 35 § 104;
1967 c 235 § 75.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.375 Filing of application for withdrawal. An
application for withdrawal shall be delivered to the secretary
of state. If the secretary of state finds that such application
conforms to the provisions of this chapter, the secretary of
state shall, when all requirements have been met as in this
chapter prescribed:
(1) Endorse on the application the word "Filed," and the
effective date of the filing.
(2) File the application for withdrawal.
An exact or conformed copy of the application for
withdrawal bearing the filing endorsement affixed thereto by
the secretary of state, shall be returned to the corporation or
its representative. Upon the filing of such application of
withdrawal, the authority of the corporation to conduct
affairs in this state shall cease. [2002 c 74 § 14; 1982 c 35
§ 105; 1967 c 235 § 76.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Fees: RCW 24.03.405.
24.03.380 Revocation of certificate of authority—
Notice. (1) The certificate of authority of a foreign corporation to conduct affairs in this state shall be revoked by the
secretary of state upon the conditions prescribed in this
section when:
(a) The corporation has failed to file its annual report
within the time required by this chapter, or has failed to pay
any fees or penalties prescribed by this chapter when they
have become due and payable; or
(b) The corporation has failed for thirty days to appoint
and maintain a registered agent in this state as required by
this chapter; or
(c) The corporation has failed, for thirty days after
change of its registered agent or registered office, to file in
the office of the secretary of state a statement of such
change as required by this chapter; or
(d) The corporation has continued to exceed or abuse
the authority conferred upon it by this chapter; or
(e) A misrepresentation has been made of any material
matter in any application, report, affidavit, or other document
submitted by such corporation pursuant to this chapter.
(2002 Ed.)
24.03.370
(2) Prior to revoking a certificate of authority under
subsection (1) of this section, the secretary of state shall give
the corporation written notice of the corporation’s delinquency or omission by first class mail, postage prepaid, addressed
to the corporation’s registered agent. If, according to the
records of the secretary of state, the corporation does not
have a registered agent, the notice may be given by mail
addressed to the corporation at its last known address or at
the address of any officer or director of the corporation, as
shown by the records of the secretary of state. Notice is
deemed to have been given five days after the date deposited
in the United States mail, correctly addressed, and with
correct postage affixed. The notice shall inform the corporation that its certificate of authority shall be revoked at the
expiration of sixty days following the date the notice had
been deemed to have been given, unless it corrects the
delinquency or omission within the sixty-day period.
(3) Any notice provided by the secretary of state under
this section shall be designed to clearly identify and warn the
recipient of the contents thereof. A delinquency notice shall
provide a succinct and readable description of the delinquency or omission, the date on which dissolution will occur, and
the action necessary to cure the delinquency or omission
prior to dissolution.
(4) The attorney general may take such action regarding
revocation of a certificate of authority as is provided by
RCW 24.03.250 for the dissolution of a domestic corporation. The procedures of RCW 24.03.250 shall apply to any
action under this section. The clerk of any superior court
entering a decree of revocation of a certificate of authority
shall file a certified copy, without cost or filing fee, with the
office of the secretary of state. [1986 c 240 § 50; 1982 c 35
§ 106; 1967 c 235 § 77.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.385 Issuance of certificate of revocation.
Upon revoking any certificate of authority under RCW
24.03.380, the secretary of state shall:
(1) Issue a certificate of revocation in duplicate.
(2) File one of such certificates in the secretary of
state’s office.
(3) Mail the other duplicate certificate to such corporation at its registered office in this state or, if there is no
registered office in this state, to the corporation at the last
known address of any officer or director of the corporation,
as shown by the records of the secretary of state.
Upon the filing of such certificate of revocation, the
authority of the corporation to conduct affairs in this state
shall cease. [1986 c 240 § 51; 1982 c 35 § 107; 1967 c 235
§ 78.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.386 Foreign corporations—Application for
reinstatement. (1) A corporation revoked under RCW
24.03.380 may apply to the secretary of state for reinstatement within three years after the effective date of revocation.
An application filed within such three-year period may be
amended or supplemented and any such amendment or
supplement shall be effective as of the date of original filing.
[Title 24 RCW—page 23]
24.03.386
Title 24 RCW: Corporations and Associations
The application filed under this section shall be filed under
and by authority of an officer of the corporation.
(2) The application shall:
(a) State the name of the corporation and, if applicable,
the name the corporation had elected to use in this state at
the time of revocation, and the effective date of its revocation;
(b) Provide an explanation to show that the grounds for
revocation either did not exist or have been eliminated;
(c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects
to use in this state at the time of reinstatement which may be
reserved under RCW 24.03.046;
(d) Appoint a registered agent and state the registered
office address under RCW 24.03.340; and
(e) Be accompanied by payment of applicable fees and
penalties.
(3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been
paid, the secretary of state shall cancel the certificate of
revocation, prepare and file a certificate of reinstatement, and
mail a copy of the certificate of reinstatement to the corporation.
(4) Reinstatement under this section relates back to and
takes effect as of the date of revocation. The corporate
authority shall be deemed to have continued without interruption from that date.
(5) In the event the application for reinstatement states
a corporate name which the secretary of state finds to be
contrary to the requirements of RCW 24.03.046, the application, amended application, or supplemental application shall
be amended to adopt another corporate name which is in
compliance with RCW 24.03.046. In the event the reinstatement application so adopts a new corporate name for use in
Washington, the application for authority shall be deemed to
have been amended to change the corporation’s name to the
name so adopted for use in Washington, effective as of the
effective date of the certificate of reinstatement. [1993 c
356 § 8; 1987 c 117 § 1; 1986 c 240 § 57.]
Effective date—1993 c 356: See note following RCW 24.03.046.
24.03.388 Foreign corporations—Fees for application for reinstatement—Filing current annual report—
Penalties established by rule. (1) An application processing fee as provided in RCW 24.03.405 shall be charged for
an application for reinstatement under RCW 24.03.386.
(2) An application processing fee as provided in RCW
24.03.405 shall be charged for each amendment or supplement to an application for reinstatement.
(3) The corporation seeking reinstatement shall file a
current annual report and pay the full amount of all annual
corporation fees which would have been assessed for the
years of the period of administrative revocation, had the
corporation been in active status, including the reinstatement
year, plus any penalties as established by rule by the
secretary. [1994 c 287 § 9; 1993 c 356 § 9; 1991 c 223 §
3; 1987 c 117 § 2; 1986 c 240 § 58.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Effective date—1991 c 223: See note following RCW 24.03.405.
[Title 24 RCW—page 24]
24.03.390 Conducting affairs without certificate of
authority. No foreign corporation which is conducting
affairs in this state without a certificate of authority shall be
permitted to maintain any action, suit or proceeding in any
court of this state until such corporation shall have obtained
a certificate of authority. Nor shall any action, suit or
proceeding be maintained in any court of this state by any
successor or assignee of such corporation on any right, claim
or demand arising out of the conduct of affairs by such
corporation in this state, until a certificate of authority shall
have been obtained by such corporation or by a corporation
which has acquired all or substantially all of its assets.
The failure of a foreign corporation to obtain a certificate of authority to conduct affairs in this state shall not
impair the validity of any contract or act of such corporation,
and shall not prevent such corporation from defending any
action, suit or proceeding in any court of this state.
A foreign corporation which transacts business in this
state without a certificate of authority shall be liable to this
state, for the years or parts thereof during which it transacted
business in this state without a certificate of authority, in an
amount equal to all fees which would have been imposed by
this chapter upon such corporation had it duly applied for
and received a certificate of authority to transact business in
this state as required by this chapter and thereafter filed all
reports required by this chapter, plus all penalties imposed
by this chapter for failure to pay such fees. The attorney
general shall bring proceedings to recover all amounts due
this state under the provisions of this section. [1986 c 240
§ 52; 1967 c 235 § 79.]
24.03.395 Annual report of domestic and foreign
corporations—Biennial filing may be authorized. Each
domestic corporation, and each foreign corporation authorized to conduct affairs in this state, shall file, within the
time prescribed by this chapter, an annual report in the form
prescribed by the secretary of state. The secretary may by
rule provide that a biennial filing meets this requirement.
The report shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated;
(2) The address of the registered office of the corporation in this state including street and number and the name
of its registered agent in this state at such address, and, in
the case of a foreign corporation, the address of its principal
office;
(3) A brief statement of the character of the affairs
which the corporation is actually conducting, or, in the case
of a foreign corporation, which the corporation is actually
conducting in this state;
(4) The names and respective addresses of the directors
and officers of the corporation; and
(5) The corporation’s unified business identifier number.
The information shall be given as of the date of the
execution of the report. It shall be executed by the corporation by an officer of the corporation, or, if the corporation is
in the hands of a receiver or trustee, it shall be executed on
behalf of the corporation by such receiver or trustee.
The secretary of state may provide that correction or
updating of information appearing on previous annual or
biennial filings is sufficient to constitute the current filing.
(2002 Ed.)
Washington Nonprofit Corporation Act
[1993 c 356 § 10; 1989 c 291 § 2; 1987 c 117 § 4; 1986 c
240 § 53; 1982 c 35 § 108; 1967 c 235 § 80.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.400 Filing of annual or biennial report of
domestic and foreign corporations—Notice—Reporting
dates. Not less than thirty days prior to a corporation’s
renewal date, or by December 1 of each year for a
nonstaggered renewal, the secretary of state shall mail to
each domestic and foreign corporation, by first class mail
addressed to its registered office, a notice that its annual or
biennial report must be filed as required by this chapter, and
stating that if it fails to file its annual or biennial report it
shall be dissolved or its certificate of authority revoked, as
the case may be. Failure of the secretary of state to mail
any such notice shall not relieve a corporation from its
obligation to file the annual or biennial reports required by
this chapter.
Such report of a domestic or foreign corporation shall
be delivered to the secretary of state between the first day of
January and the first day of March of each year, or on an
annual or biennial renewal date as the secretary of state may
establish. The secretary of state may adopt rules to establish
biennial reporting dates and to stagger reporting dates.
If the secretary of state finds that such report substantially conforms to the requirements of this chapter, the
secretary of state shall file the same. [1993 c 356 § 11;
1986 c 240 § 54; 1982 c 35 § 109; 1973 c 90 § 1; 1967 c
235 § 81.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.405 Fees for filing documents and issuing
certificates. (1) The secretary of state shall charge and
collect for:
(a) Filing articles of incorporation, thirty dollars.
(b) Filing an annual report of a domestic or foreign
corporation, ten dollars.
(c) Filing an application of a foreign corporation for a
certificate of authority to conduct affairs in this state, thirty
dollars.
(2) The secretary of state shall establish by rule, fees for
the following:
(a) An application for reinstatement under RCW
24.03.386.
(b) Filing articles of amendment or restatement or an
amendment or supplement to an application for reinstatement.
(c) Filing articles of merger or consolidation.
(d) Filing a statement of change of address of registered
office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing
such statement shall not be charged if the statement appears
in an amendment to articles of incorporation or in conjunction with the filing of the annual report.
(e) Filing articles of dissolution, no fee.
(2002 Ed.)
24.03.395
(f) Filing an application of a foreign corporation for an
amended certificate of authority to conduct affairs in this
state.
(g) Filing an application for withdrawal of a foreign
corporation and issuing a certificate of withdrawal, no fee.
(h) Filing a certificate by a foreign corporation of the
appointment of a registered agent. A separate fee for filing
such certificate shall not be charged if the statement appears
in conjunction with the filing of the annual report.
(i) Filing a certificate of election adopting the provisions
of chapter 24.03 RCW.
(j) Filing an application to reserve a corporate name.
(k) Filing a notice of transfer of a reserved corporate
name.
(l) Filing a name registration.
(m) Filing any other statement or report authorized for
filing under this chapter.
(3) Fees shall be adjusted by rule only in an amount that
does not exceed the average biennial increase in the cost of
providing service. This shall be determined in a biannual
[biennial] cost study performed by the secretary. [1993 c
269 § 5; 1991 c 223 § 1; 1987 c 117 § 5; 1986 c 240 § 55;
1982 c 35 § 110; 1981 c 230 § 5; 1969 ex.s. c 163 § 5;
1967 c 235 § 82.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective date—1991 c 223: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect on July
1, 1991." [1991 c 223 § 4.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.410 Miscellaneous fees. The secretary of state
shall establish fees by rule and collect:
(1) For furnishing a certified copy of any charter
document or any other document, instrument, or paper
relating to a corporation.
(2) For furnishing a certificate, under seal, attesting to
the status of a corporation or any other certificate.
(3) For furnishing copies of any document, instrument
or paper relating to a corporation.
(4) At the time of any service of process on him or her
as registered agent of a corporation an amount that may be
recovered as taxable costs by the party to the suit or action
causing such service to be made if such party prevails in the
suit or action. [1993 c 269 § 6; 1982 c 35 § 111; 1979 ex.s.
c 133 § 2; 1969 ex.s. c 163 § 6; 1967 c 235 § 83.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of certain fees recovered under this section in secretary of state’s
revolving fund: RCW 43.07.130.
24.03.415 Disposition of fees. Any money received
by the secretary of state under the provisions of this chapter
shall be by him paid into the state treasury as provided by
law. [1967 c 235 § 84.]
State officers—Daily remittance of moneys to treasury: RCW 43.01.050.
24.03.417 Fees for services by secretary of state.
See RCW 43.07.120.
[Title 24 RCW—page 25]
24.03.420
Title 24 RCW: Corporations and Associations
24.03.420 Penalties imposed upon corporation.
Each corporation, domestic or foreign, that fails or refuses
to answer truthfully and fully within the time prescribed by
this chapter interrogatories propounded by the secretary of
state in accordance with the provisions of this chapter, shall
be deemed to be guilty of a misdemeanor and upon conviction thereof may be fined in any amount not exceeding five
hundred dollars. [1969 ex.s. c 163 § 7; 1967 c 235 § 85.]
Filing of annual or biennial report of domestic and foreign corporations:
RCW 24.03.400.
24.03.425 Penalties imposed upon directors and
officers. Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed
by this chapter to answer truthfully and fully interrogatories
propounded to him by the secretary of state in accordance
with the provisions of this chapter, or who signs any articles,
statement, report, application or other document filed with
the secretary of state which is known to such officer or
director to be false in any material respect, shall be deemed
to be guilty of a misdemeanor, and upon conviction thereof
may be fined in any amount not exceeding five hundred
dollars. [1967 c 235 § 86.]
24.03.430 Interrogatories by secretary of state. The
secretary of state may propound to any corporation, domestic
or foreign, subject to the provisions of this chapter, and to
any officer or director thereof, such interrogatories as may
be reasonably necessary and proper to enable the secretary
of state to ascertain whether such corporation has complied
with all the provisions of this chapter applicable to such
corporation. Such interrogatories shall be answered within
thirty days after the mailing thereof, or within such additional time as shall be fixed by the secretary of state, and the
answers thereto shall be full and complete and shall be made
in writing and under oath. If such interrogatories be directed
to an individual they shall be answered by him, and if
directed to a corporation they shall be answered by the
president, vice president, secretary or assistant secretary
thereof. The secretary of state need not file any document
to which such interrogatories relate until such interrogatories
be answered as herein provided, and not then if the answers
thereto disclose that such document is not in conformity with
the provisions of this chapter. The secretary of state shall
certify to the attorney general, for such action as the attorney
general may deem appropriate, all interrogatories and
answers thereto which disclose a violation of any of the
provisions of this chapter. [1982 c 35 § 112; 1967 c 235 §
87.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.435 Confidential nature of information
disclosed by interrogatories. Interrogatories propounded by
the secretary of state and the answers thereto shall not be
open to public inspection nor shall the secretary of state
disclose any facts or information obtained therefrom except
in so far as the secretary of state’s official duty may require
the same to be made public or in the event such interrogatories or the answers thereto are required for evidence in any
[Title 24 RCW—page 26]
criminal proceedings or in any other action by this state.
[1982 c 35 § 113; 1967 c 235 § 88.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.440 Power and authority of secretary of state.
The secretary of state shall have the power and authority
reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under
chapter 34.05 RCW. [1982 c 35 § 114; 1967 c 235 § 89.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Power and authority of secretary of state: RCW 23B.01.210 and
23B.01.300.
24.03.445 Appeal from disapproval of secretary of
state. If the secretary of state shall fail to approve any
articles of incorporation, amendment, merger, consolidation
or dissolution, or any other document required by this
chapter to be approved by the secretary of state before the
same shall be filed in his or her office, the secretary of state
shall give written notice of disapproval to the person or
corporation, domestic or foreign, delivering the same, specifying the reasons therefor. Within thirty days from such
disapproval such person or corporation may appeal to the
superior court pursuant to the provisions of the administrative procedure act, chapter 34.05 RCW. [1986 c 240 §
56; 1982 c 35 § 115; 1967 c 235 § 90.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.450 Certificates and certified copies to be
received in evidence. All certificates issued by the secretary of state in accordance with the provisions of this
chapter, and all copies of documents filed in the office of the
secretary of state in accordance with the provisions of this
chapter when certified by the secretary of state under the
seal of the state, shall be taken and received in all courts,
public offices, and official bodies as prima facie evidence of
the facts therein stated. A certificate by the secretary of
state under the seal of this state, as to the existence or
nonexistence of the facts relating to corporations which
would not appear from a certified copy of any of the
foregoing documents or certificates shall be taken and
received in all courts, public offices, and official bodies as
prima facie evidence of the existence or nonexistence of the
facts therein stated. [1982 c 35 § 116; 1967 c 235 § 91.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.03.455 Greater voting requirements. Whenever,
with respect to any action to be taken by the members or
directors of a corporation, the articles of incorporation
require the vote or concurrence of a greater proportion of the
members or directors, as the case may be, than required by
this chapter with respect to such action, the provisions of the
articles of incorporation shall control. [1967 c 235 § 92.]
24.03.460 Waiver of notice. Whenever any notice is
required to be given to any member or director of a corporation under the provisions of this chapter or under the
(2002 Ed.)
Washington Nonprofit Corporation Act
provisions of the articles of incorporation or bylaws of the
corporation, a waiver thereof in writing signed by the person
or persons entitled to such notice, whether before or after the
time stated therein, shall be equivalent to the giving of such
notice. [1967 c 235 § 93.]
24.03.465 Action by members or directors without
a meeting. Any action required by this chapter to be taken
at a meeting of the members or directors of a corporation, or
any action which may be taken at a meeting of the members
or directors, may be taken without a meeting if a consent in
writing, setting forth the action so taken, shall be signed by
all of the members entitled to vote with respect to the
subject matter thereof, or all of the directors, as the case
may be.
Such consent shall have the same force and effect as a
unanimous vote, and may be stated as such in any articles or
document filed with the secretary of state under this chapter.
[1967 c 235 § 94.]
24.03.460
for up to one year and may be renewed at the discretion of
the secretary. [1989 c 291 § 5.]
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.510 Public benefit nonprofit corporations—
Application. The secretary shall develop an application
process for new and existing corporations to apply for public
benefit nonprofit corporation status. [1989 c 291 § 6.]
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.520 Public benefit nonprofit corporations—
Renewal. The designation "public benefit nonprofit corporation" shall be renewed annually. The secretary may schedule
renewals in conjunction with existing corporate renewals.
[1989 c 291 § 7.]
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.470 Unauthorized assumption of corporate
powers. All persons who assume to act as a corporation
without authority so to do shall be jointly and severally
liable for all debts and liabilities incurred or arising as a result thereof. [1967 c 235 § 95.]
24.03.530 Public benefit nonprofit corporations—
Fees. The secretary may establish fees to cover the cost of
renewals. [1989 c 291 § 8.]
24.03.480 Postsecondary education loans—Interest
rates. A nonprofit corporation may charge interest upon any
loan made under a program to finance postsecondary
education at any rate or rates of interest which are permitted
by state or federal law to be charged by any state or federally chartered bank, savings and loan association, or credit
union. [1989 c 166 § 1.]
24.03.540 Public benefit nonprofit corporations—
Removal of status. The secretary may remove a
corporation’s public benefit nonprofit corporation designation
if it does not comply with the provisions of this chapter or
does not maintain its exempt status under 26 U.S.C. Sec.
501(c)(3). The secretary in removing a corporation’s public
benefit nonprofit corporation status shall comply with
administrative procedures provided by this chapter. [1989 c
291 § 9.]
24.03.490 Public benefit nonprofit corporation
designation established. There is hereby established the
special designation "public benefit not for profit corporation"
or "public benefit nonprofit corporation." A corporation may
be designated as a public benefit nonprofit corporation if it
meets the following requirements:
(1) The corporation complies with the provisions of this
chapter; and
(2) The corporation holds a current tax exempt status as
provided under 26 U.S.C. Sec. 501(c)(3) or is not required
to apply for its tax exempt status under 26 U.S.C. Sec.
501(c)(3). [1989 c 291 § 4.]
Finding—1989 c 291: "The legislature finds that it is in the public
interest to increase the level of accountability to the public of nonprofit
corporations through improved reporting, increased consistency between
state and federal statutes, and a clear definition of those nonprofit corporations that may hold themselves out as operating to benefit the public."
[1989 c 291 § 1.]
Severability—1989 c 291: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 291 § 12.]
24.03.500 Public benefit nonprofit corporations—
Temporary designation. A temporary designation as a
public benefit nonprofit corporation may be provided to a
corporation that has applied for tax exempt status under 26
U.S.C. Sec. 501(c)(3). The temporary designation is valid
(2002 Ed.)
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
Finding—Severability—1989 c 291: See notes following RCW
24.03.490.
24.03.900 Short title. This chapter shall be known
and may be cited as the "Washington nonprofit corporation
act." [1967 c 235 § 1.]
24.03.905 Savings—1967 c 235. Any corporation
existing on the date when this chapter takes effect shall
continue to exist as a corporation despite any provision of
this chapter changing the requirements for forming a
corporation or repealing or amending the law under which it
was formed. The provisions of this chapter shall, however,
apply prospectively to the fullest extent permitted by the
Constitutions of the United States and the state of Washington to all existing corporations organized under any general
act of the territory or the state of Washington providing for
the organization of corporations for a purpose or purposes
for which a corporation might be organized under this
chapter. The repeal of any prior act or part thereof by this
chapter shall not affect any right accrued or any liability or
penalty incurred, under the provisions of such act, prior to
the repeal thereof. The repeal of a prior act or acts by this
chapter shall not affect any existing corporation organized
for a purpose or purposes other than those for which a
[Title 24 RCW—page 27]
24.03.905
Title 24 RCW: Corporations and Associations
corporation might be organized under this chapter. [1967 c
235 § 96.]
24.03.910 Severability—1967 c 235. If a court of
competent jurisdiction shall adjudge to be invalid or unconstitutional any clause, sentence, paragraph, section or part of
this chapter, such judgment or decree shall not affect, impair,
invalidate or nullify the remainder of this chapter, but the
effect thereof shall be confined to the clause, sentence,
paragraph, section or part of this chapter so adjudged to be
invalid or unconstitutional. [1967 c 235 § 97.]
24.03.915 Notice to existing corporations. (1) The
secretary of state shall notify all existing nonprofit corporations thirty days prior to the effective date of this chapter,
that in the event they fail to appoint a registered agent as
provided in chapter 163, Laws of 1969 ex. sess. within
ninety days following the effective date of chapter 163, Laws
of 1969 ex. sess., they shall thereupon cease to exist.
(2) If the notification provided under subsection (1) of
this section, from the secretary of state to any corporation
was or has been returned unclaimed or undeliverable, the
secretary of state shall proceed to dissolve the corporation by
striking the name of such corporation from the records of
active corporations.
(3) Corporations dissolved under subsection (2) of this
section may be reinstated at any time within three years of
the dissolution action by the secretary of state. The corporation shall be reinstated by filing a request for reinstatement,
by appointment of a registered agent and designation of a
registered office as required by this chapter, and by filing an
annual report for the reinstatement year. No fees may be
charged for reinstatements under this section. If, during the
period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to
or deceptively similar to the dissolved corporation’s name,
the corporation seeking reinstatement shall be required to
adopt another name consistent with the requirements of this
chapter and to amend its articles of incorporation accordingly. [1982 c 35 § 117; 1969 ex.s. c 163 § 8; 1967 c 235 §
98.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1969 ex.s. c 163: August 11, 1969, see preface to
1969 session laws.
Effective date—1967 c 235: See RCW 24.03.925.
24.03.920 Repealer—Exception. The following acts
or parts of acts, except insofar as may be applicable to the
rights, powers and duties of persons and corporations not
subject to the provisions of this chapter, are hereby repealed:
(1) Chapter 110, Laws of 1961;
(2) Section 6, chapter 12, Laws of 1959;
(3) Section 3, chapter 263, Laws of 1959;
(4) Chapter 32, Laws of 1955;
(5) Chapter 121, Laws of 1953;
(6) Chapter 249, Laws of 1947;
(7) Chapter 122, Laws of 1943;
(8) Chapter 89, Laws of 1933;
(9) Section 2, chapter 63, Laws of 1925 extraordinary
session;
[Title 24 RCW—page 28]
(10) Chapter 8, Laws of 1923;
(11) Chapter 75, Laws of 1907;
(12) Chapter 134, Laws of 1907;
(13) Chapter 125, Laws of 1905;
(14) Page 24, chapter XIX (19), Laws of 1895;
(15) Page 348, chapter CXXXV (135), Laws of 1895;
(16) Chapter CLVIII (158), Laws of 1895;
(17) Section 1, page 86, Laws of 1886;
(18) Sections 2450 through 2454, Code of 1881;
(19) Pages 409 through 411, Laws of 1873;
(20) Pages 341 and 342, Laws of 1869;
(21) Pages 67 and 68, Laws of 1866; and
(22) RCW sections 24.01.010, 24.04.010 through
24.04.170, 24.08.010 through 24.08.900, and 24.16.010
through 24.16.140. [1967 c 235 § 100.]
24.03.925 Effective date—1967 c 235. This chapter
shall become effective July 1, 1969. [1967 c 235 § 99.]
Chapter 24.06
NONPROFIT MISCELLANEOUS AND MUTUAL
CORPORATIONS ACT
Sections
24.06.005
24.06.010
24.06.015
24.06.020
24.06.025
24.06.030
24.06.035
24.06.040
24.06.043
24.06.045
24.06.046
24.06.047
24.06.048
24.06.050
24.06.055
24.06.060
24.06.065
24.06.070
24.06.075
24.06.080
24.06.085
24.06.090
24.06.095
24.06.100
24.06.105
24.06.110
24.06.115
24.06.120
24.06.125
24.06.130
24.06.135
24.06.140
24.06.145
24.06.150
24.06.153
24.06.155
24.06.160
24.06.165
24.06.170
24.06.175
24.06.180
24.06.185
24.06.190
Definitions.
Application of chapter.
Purposes.
Incorporators.
Articles of incorporation.
General powers.
Nonprofit status—Members’, officers’ immunity from liability.
Defense of ultra vires.
Indemnification of agents of any corporation authorized.
Corporate name.
Reservation of exclusive right to use corporate name.
Registration of corporate name.
Renewal of registration of corporate name.
Registered office and registered agent.
Change of registered office or registered agent.
Service of process on corporation.
Members.
Shares—Issuance—Payment—Subscription agreements.
Shares—Consideration, fixing.
Shares—Certificates.
Liability of shareholders, subscribers, assignees, executors,
trustees, etc.
Preemptive share acquisition rights.
Bylaws.
Meetings of members and shareholders.
Notice of meetings.
Voting.
Quorum.
Class voting.
Board of directors.
Number and election of directors.
Vacancies.
Quorum of directors.
Committees.
Directors’ meetings.
Duties of director or officer—Standards—Liability.
Officers.
Books and records.
Loans to directors or officers.
Filing of articles of incorporation.
Effect of filing of articles of incorporation.
Organization meeting.
Right to amend articles of incorporation.
Procedure to amend articles of incorporation.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.195
24.06.200
24.06.205
24.06.207
24.06.210
24.06.215
24.06.220
24.06.225
24.06.230
24.06.233
24.06.235
24.06.240
24.06.245
24.06.250
24.06.255
24.06.260
24.06.265
24.06.270
24.06.275
24.06.280
24.06.285
24.06.290
24.06.293
24.06.295
24.06.300
24.06.305
24.06.310
24.06.315
24.06.320
24.06.325
24.06.330
24.06.335
24.06.340
24.06.345
24.06.350
24.06.355
24.06.360
24.06.365
24.06.367
24.06.369
24.06.370
24.06.375
24.06.380
24.06.385
24.06.390
24.06.395
24.06.400
24.06.405
24.06.410
24.06.415
24.06.420
24.06.425
24.06.430
24.06.433
24.06.435
24.06.440
24.06.445
24.06.450
24.06.455
24.06.460
24.06.462
(2002 Ed.)
Articles of amendment.
Filing of articles of amendment—Procedure.
When amendment becomes effective—Existing actions and
rights not affected.
Restated articles of incorporation.
Procedure for merger.
Procedure for consolidation.
Approval of merger or consolidation.
Articles of merger or consolidation.
Merger or consolidation—When effected.
Merger or consolidation of domestic and foreign corporation—Participation in an exchange.
Effect of merger or consolidation.
Sale, lease, exchange, etc., of property and assets.
Right of member or shareholder to dissent.
Exercise of right of dissent—Rights and liabilities.
Payment of fair value to dissenting member or shareholder.
Voluntary dissolution.
Distribution of assets.
Revocation of voluntary dissolution proceedings.
Articles of dissolution.
Filing of articles of dissolution.
Involuntary dissolution.
Proceedings for involuntary dissolution—Rights, duties, and
remedies—Penalties—Fee set by rule.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
Venue and process.
Jurisdiction of court to liquidate assets and dissolve corporation.
Procedure in liquidation of corporation in court.
Qualifications of receivers—Bond.
Filing of claims in liquidation proceedings.
Discontinuance of liquidation proceedings.
Decree of involuntary dissolution.
Filing of decree of dissolution.
Survival of remedies after dissolution.
Admission of foreign corporation.
Powers and duties, etc., of foreign corporation.
Corporate name of foreign corporation.
Change of name by foreign corporation.
Certificate of authority—Application for, contents.
Filing of application for certificate of authority—Issuance.
Certificate of authority as insurance company—Filing of
documents.
Certificate of authority as insurance company—Registration
or reservation of name.
Effect of filing application for certificate of authority.
Registered office and registered agent of foreign corporation.
Change of registered office or registered agent of foreign
corporation.
Resignation of registered agent.
Service of process upon registered agent.
Service of process upon secretary of state.
Amendment to articles of incorporation of foreign corporation.
Merger of foreign corporation authorized to conduct affairs
in this state.
Amended certificate of authority.
Withdrawal of foreign corporation.
Filing of application for withdrawal—Issuance of certificate
of withdrawal.
Revocation of certificate of authority.
Issuance and filing of certificate of revocation—Effect.
Foreign corporations—Application for reinstatement.
Conducting affairs without certificate of authority.
Annual or biennial report of domestic and foreign corporations.
Filing of annual or biennial report of domestic and foreign
corporations.
Fees for filing documents and issuing certificates.
Miscellaneous fees.
Disposition of fees.
Fees for services by secretary of state.
Chapter 24.06
24.06.465
Penalties imposed upon corporation—Penalty established by
secretary of state.
24.06.470 Penalties imposed upon directors and officers.
24.06.475 Interrogatories by secretary of state.
24.06.480 Confidential nature of information disclosed by interrogatories.
24.06.485 Power and authority of secretary of state.
24.06.490 Appeal from secretary of state’s actions.
24.06.495 Certificates and certified copies to be received in evidence.
24.06.500 Greater voting requirements.
24.06.505 Waiver of notice.
24.06.510 Action by members or directors without a meeting.
24.06.515 Unauthorized assumption of corporate powers.
24.06.520 Reinstatement and renewal of corporate existence—Fee.
24.06.525 Reorganization of corporations or associations in accordance
with this chapter.
24.06.600 Locally regulated utilities—Attachments to poles.
24.06.610 Tariff for irrigation pumping service—Authority for locally
regulated utility to buy back electricity.
24.06.900 Short title.
24.06.905 Existing liabilities not terminated—Continuation of corporate existence—Application of chapter.
24.06.910 Severability—1969 ex.s. c 120.
24.06.915 Notice to existing corporations.
24.06.920 Effective date—1969 ex.s. c 120.
Organization of condominium unit owners’ association: RCW 64.34.300.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.06.005 Definitions. As used in this chapter, unless
the context otherwise requires, the term:
(1) "Corporation" or "domestic corporation" means a
mutual corporation or miscellaneous corporation subject to
the provisions of this chapter, except a foreign corporation.
(2) "Foreign corporation" means a mutual or miscellaneous corporation or other corporation organized under laws
other than the laws of this state which would be subject to
the provisions of this chapter if organized under the laws of
this state.
(3) "Mutual corporation" means a corporation organized
to accomplish one or more of its purposes on a mutual basis
for members and other persons.
(4) "Miscellaneous corporation" means any corporation
which is organized for a purpose or in a manner not provided for by the Washington business corporation act or by the
Washington nonprofit corporation act, and which is not
required to be organized under other laws of this state.
(5) "Articles of incorporation" includes the original articles of incorporation and all amendments thereto, and
includes articles of merger.
(6) "Bylaws" means the code or codes of rules adopted
for the regulation or management of the affairs of the
corporation irrespective of the name or names by which such
rules are designated.
(7) "Member" means one having membership rights in
a corporation in accordance with provisions of its articles of
incorporation or bylaws.
(8) "Stock" or "share" means the units into which the
proprietary interests of a corporation are divided in a
corporation organized with stock.
(9) "Stockholder" or "shareholder" means one who is a
holder of record of one or more shares in a corporation
organized with stock.
(10) "Board of directors" means the group of persons
vested with the management of the affairs of the corporation
irrespective of the name by which such group is designated.
[Title 24 RCW—page 29]
24.06.005
Title 24 RCW: Corporations and Associations
(11) "Insolvent" means inability of a corporation to pay
debts as they become due in the usual course of its affairs.
(12) "Duplicate originals" means two copies, original or
otherwise, each with original signatures, or one original with
original signatures and one copy thereof.
(13) "Conforms to law" as used in connection with
duties of the secretary of state in reviewing documents for
filing under this chapter, means the secretary of state has
determined the document complies as to form with the applicable requirements of this chapter.
(14) "Effective date" means, in connection with a
document filing made by the secretary of state, the date
which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the
secretary of state in a form which complies with the requirements of this chapter and which would entitle the document
to be filed immediately upon receipt, but the secretary of
state’s approval action occurs subsequent to the date of
receipt, the secretary of state’s filing date shall relate back
to the date on which the secretary of state first received the
document in acceptable form. An applicant may request a
specific effective date no more than thirty days later than the
receipt date which might otherwise be applied as the
effective date.
(15) "Executed by an officer of the corporation," or
words of similar import, means that any document signed by
such person shall be and is signed by that person under
penalties of perjury and in an official and authorized
capacity on behalf of the corporation or person making the
document submission with the secretary of state.
(16) "An officer of the corporation" means, in connection with the execution of documents submitted for filing
with the secretary of state, the president, a vice president, the
secretary, or the treasurer of the corporation.
(17) "Electronic transmission" or "electronically transmitted" means any process of electronic communication not
directly involving the physical transfer of paper that is
suitable for the retention, retrieval, and reproduction of the
transmitted information by the recipient. However, such an
electronic transmission must either set forth or be submitted
with information, including any security or validation
controls used, from which it can reasonably be determined
that the electronic transmission was authorized by, as
applicable, the corporation or shareholder or member by or
on behalf of which the electronic transmission was sent.
(18) "Consumer cooperative" means a corporation
engaged in the retail sale, to its members and other consumers, of goods or services of a type that are generally for
personal, living, or family use. [2001 c 271 § 1; 2000 c 167
§ 1; 1982 c 35 § 118; 1969 ex.s. c 120 § 1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.010 Application of chapter. The provisions of
this chapter relating to domestic corporations shall apply to:
(1) All corporations organized hereunder; and
(2) All corporations which were heretofore organized
under any act repealed by the Washington nonprofit corporation act and which are not organized for a purpose or in a
manner provided for by said act.
The provisions of this chapter relating to foreign
corporations shall apply to all foreign corporations conduct[Title 24 RCW—page 30]
ing affairs in this state for a purpose or purposes for which
a corporation might be organized under this chapter. [1969
ex.s. c 120 § 2.]
24.06.015 Purposes. Corporations may be organized
under this chapter for any lawful purpose including but not
limited to mutual, social, cooperative, fraternal, beneficial,
service, labor organization, and other purposes; but excluding
purposes which by law are restricted to corporations organized under other statutes. [1969 ex.s. c 120 § 3.]
Labor unions: Chapter 49.36 RCW.
24.06.020 Incorporators. One or more individuals,
partnerships, corporations or governmental bodies or agencies may incorporate a corporation by signing and delivering
articles of incorporation in duplicate to the secretary of state.
[1982 c 35 § 119; 1969 ex.s. c 120 § 4.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.025 Articles of incorporation. The articles of
incorporation shall set forth:
(1) The name of the corporation.
(2) The period of duration, which may be perpetual or
for a stated number of years.
(3) The purpose or purposes for which the corporation
is organized.
(4) The qualifications and the rights and responsibilities
of the members and the manner of their election, appointment or admission to membership and termination of
membership; and, if there is more than one class of members
or if the members of any one class are not equal, the relative
rights and responsibilities of each class or each member.
(5) If the corporation is to have capital stock:
(a) The aggregate number of shares which the corporation shall have authority to issue; if such shares are to
consist of one class only, the par value of each of such
shares, or a statement that all of such shares are without par
value; or, if such shares are to be divided into classes, the
number of shares of each class, and a statement of the par
value of the shares of each such class or that such shares are
to be without par value;
(b) If the shares are to be divided into classes, the
designation of each class and a statement of the preferences,
limitations and relative rights in respect of the shares of each
class;
(c) If the corporation is to issue the shares of any
preferred or special class in series, then the designation of
each series and a statement of the variations in the relative
rights and preferences as between series insofar as the same
are to be fixed in the articles of incorporation, and a statement of any authority to be vested in the board of directors
to establish series and fix and determine the variations in the
relative rights and preferences as between series;
(d) Any provision limiting or denying to shareholders
the preemptive right to acquire additional shares of the
corporation.
(6) If the corporation is to distribute surplus funds to its
members, stockholders or other persons, provisions for
determining the amount and time of the distribution.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
(7) Provisions for distribution of assets on dissolution or
final liquidation.
(8) Whether a dissenting shareholder or member shall be
limited to a return of less than the fair value of his shares or
membership.
(9) The address of its initial registered office, including
street and number, and the name of its initial registered
agent at such address.
(10) The number of directors constituting the initial
board of directors, and the names and addresses of the
persons who are to serve as the initial directors.
(11) The name and address of each incorporator.
(12) Any provision, not inconsistent with law, for the
regulation of the internal affairs of the association, including:
(a) Overriding the release from liability provided in
RCW 24.06.035(2); and
(b) Any provision which under this title is required or
permitted to be set forth in the bylaws.
It shall not be necessary to set forth in the articles of
incorporation any of the corporate powers enumerated in this
chapter.
Unless the articles of incorporation provide that a
change in the number of directors shall be made only by
amendment to the articles of incorporation, a change in the
number of directors made by amendment to the bylaws shall
be controlling. In all other cases, whenever a provision of
the articles of incorporation is inconsistent with a bylaw, the
provision of the articles of incorporation shall be controlling.
[2001 c 271 § 2; 1987 c 212 § 708; 1982 c 35 § 120; 1969
ex.s. c 120 § 5.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.030 General powers. Each corporation shall
have power:
(1) To have perpetual succession by its corporate name
unless a limited period of duration is stated in its articles of
incorporation.
(2) To sue and be sued, complain and defend, in its
corporate name.
(3) To have a corporate seal which may be altered at
pleasure, and to use the same by causing it, or a facsimile
thereof, to be impressed or affixed or in any other manner
reproduced.
(4) To purchase, take, receive, lease, take by gift, devise
or bequest, or otherwise acquire, own, hold, be trustee of,
improve, use and otherwise deal in and with real or personal
property, or any interest therein, wherever situated.
(5) To sell, convey, mortgage, pledge, lease, exchange,
transfer and otherwise dispose of all or any part of its
property and assets.
(6) To lend money to its employees.
(7) To purchase, take, receive, subscribe for, or otherwise acquire, own, hold, vote, use, employ, sell, mortgage,
lend, pledge, or otherwise dispose of, and otherwise use and
deal in and with, shares or other interests in, or obligations
of, other domestic or foreign corporations, whether for profit
or not for profit, associations, partnerships or individuals, or
direct or indirect obligations of the United States, or of any
other government, state, territory, governmental district or
municipality or of any instrumentality thereof.
(2002 Ed.)
24.06.025
(8) To make contracts and incur liabilities, borrow
money at such rates of interest as the corporation may
determine, issue its notes, bonds, and other obligations, and
secure any of its obligations by mortgage or pledge of all or
any of its property, franchises and income.
(9) To lend money for its corporate purposes, invest and
reinvest its funds, and take and hold real and personal
property as security for the payment of funds so loaned or
invested.
(10) To conduct its affairs, carry on its operations, and
have offices and exercise the powers granted by this chapter,
in any state, territory, district, or possession of the United
States, or in any foreign country.
(11) To elect or appoint officers and agents of the
corporation, and define their duties and fix their compensation.
(12) To make and alter bylaws, not inconsistent with its
articles of incorporation or with the laws of this state, for the
administration and regulation of the affairs of the corporation.
(13) To establish and maintain reserve, equity, surplus
or other funds, and to provide for the time, form and manner
of distribution of such funds among members, shareholders
or other persons with interests therein in accordance with the
articles of incorporation.
(14) Unless otherwise provided in the articles of
incorporation, to make donations for the public welfare or
for charitable, scientific or educational purposes, and in time
of war to make donations in aid of the United States and its
war activities.
(15) To indemnify any director or officer or former
director or officer of the corporation, or any person who may
have served at its request as a director or officer of another
corporation, against expenses actually and necessarily
incurred by him or her in connection with the defense of any
action, suit or proceeding in which he or she is made a party
by reason of being or having been such director or officer,
except for acts or omissions that involve intentional misconduct or a knowing violation of law by the director or officer,
or that involve a transaction from which the director or
officer will personally receive a benefit in money, property,
or services to which the director or officer is not legally
entitled: PROVIDED, That such indemnification shall not
be deemed exclusive of any other rights to which such
director or officer may be entitled, under any bylaw, agreement, vote of board of directors or members or shareholders,
or otherwise.
(16) To cease its corporate activities and surrender its
corporate franchise.
(17) To have and exercise all powers necessary or
convenient to effect any or all of the purposes for which the
corporation is organized and not inconsistent with the articles
of incorporation or the provisions of this chapter. [2001 c
271 § 3; 1969 ex.s. c 120 § 6.]
Indemnification of agents, insurance: RCW 23B.08.320, 23B.08.500
through 23B.08.580, 23B.08.600, and 23B.17.030.
24.06.035 Nonprofit status—Members’, officers’
immunity from liability. (1) A corporation subject to the
provisions of this chapter shall not engage in any business,
trade, a vocation or profession for profit: PROVIDED, That
nothing contained herein shall be construed to forbid such a
[Title 24 RCW—page 31]
24.06.035
Title 24 RCW: Corporations and Associations
corporation from accumulating reserve, equity, surplus or
other funds through subscriptions, fees, dues or assessments,
or from charges made its members or other persons for
services rendered or supplies or benefits furnished, or from
distributing its surplus funds to its members, stockholders or
other persons in accordance with the provisions of the
articles of incorporation. A member of the board of directors or an officer of such a corporation shall have the same
immunity from liability as is granted in RCW 4.24.264.
(2) Unless the articles of incorporation provide otherwise, a member of the board of directors or an officer of the
corporation is not individually liable to the corporation or its
shareholders or members in their capacity as shareholders or
members for conduct within his or her official capacity as a
director or officer after July 22, 2001, except for acts or
omissions that involve intentional misconduct or a knowing
violation of the law, or that involve a transaction from which
the director or officer will personally receive a benefit in
money, property, or services to which the director or officer
is not legally entitled. Nothing in this subsection may be
construed to limit or modify in any manner the power of the
attorney general to bring an action on behalf of the public to
enjoin, correct, or otherwise remedy a breach of a charitable
trust by a corporation or its directors or officers. [2001 c
271 § 4; 1987 c 212 § 709; 1969 ex.s. c 120 § 7.]
24.06.040 Defense of ultra vires. No act of a
corporation and no conveyance or transfer of real or personal
property to or by a corporation shall be invalid by reason of
the fact that the corporation was without capacity or power
to do such act or to make or receive such conveyance or
transfer, but such lack of capacity or power may be asserted:
(1) In a proceeding by a member, shareholder or a
director against the corporation to enjoin the doing or
continuation of unauthorized acts or the transfer of real or
personal property by or to the corporation. If the unauthorized acts or transfer sought to be enjoined are being, or are
to be, performed pursuant to any contract to which the
corporation is a party, the court may, if all of the parties to
the contract are parties to the proceeding and if it deems the
same to be equitable, set aside and enjoin the performance
of such contract, and in so doing may allow to the corporation or the other parties to the contract, as the case may be,
compensation for the loss or damage sustained by either of
them which may result from the action of the court in setting
aside and enjoining the performance of such contract:
PROVIDED, That anticipated profits to be derived from the
performance of the contract shall not be awarded by the
court as a loss or damage sustained.
(2) In a proceeding by the corporation, whether acting
directly or through a receiver, trustee, or other legal representative, or through members or shareholder in a representative suit, against the officers or directors of the corporation
for exceeding their authority.
(3) In a proceeding by the attorney general, as provided
in this chapter, to dissolve the corporation, or in a proceeding by the attorney general to enjoin the corporation from
performing unauthorized acts, or in any other proceeding by
the attorney general. [1969 ex.s. c 120 § 8.]
[Title 24 RCW—page 32]
24.06.043 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.06.045 Corporate name. The corporate name:
(1) Shall not contain any word or phrase which indicates
or implies that it is organized for any purpose other than one
or more of the purposes contained in its articles of incorporation.
(2)(a) Except as provided in (b) and (c) of this subsection, must be distinguishable upon the records of the secretary of state from:
(i) The corporate name of a corporation organized or
authorized to transact business in this state;
(ii) A corporate name reserved or registered under
chapter 23B.04 RCW;
(iii) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under this chapter;
(iv) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
(v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(vi) The name or reserved name of a foreign or domestic limited partnership formed or registered under chapter
25.10 RCW;
(vii) The name or reserved name of a limited liability
company organized or registered under chapter 25.15 RCW;
and
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(b) A corporation may apply to the secretary of state for
authorization to use a name that is not distinguishable upon
the records from one or more of the names described in (a)
of this subsection. The secretary of state shall authorize use
of the name applied for if:
(i) The other corporation, company, holder, limited
liability partnership, or limited partnership consents to the
use in writing and files with the secretary of state documents
necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of
the secretary of state from the name of the applying corporation; or
(ii) The applicant delivers to the secretary of state a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant’s right to use the name
applied for in this state.
(c) A corporation may use the name, including the
fictitious name, of another domestic or foreign corporation,
limited liability company, limited partnership, or limited
liability partnership, that is used in this state if the other
entity is incorporated, organized, formed, or authorized to
transact business in this state, and the proposed user corporation:
(i) Has merged with the other corporation, limited
liability company, or limited partnership; or
(ii) Has been formed by reorganization of the other
corporation.
(3) Shall be transliterated into letters of the English
alphabet if it is not in English.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
(4) The name of any corporation formed under this
section shall not include nor end with "incorporated",
"company", or "corporation" or any abbreviation thereof, but
may use "club", "league", "association", "services", "committee", "fund", "society", "foundation", ". . . . . ., a nonprofit
mutual corporation", or any name of like import.
(5) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(6) This title does not control the use of assumed
business names or "trade names." [1998 c 102 § 4; 1995 c
337 § 22; 1994 c 211 § 1307; 1987 c 55 § 41; 1982 c 35 §
121; 1973 c 113 § 1; 1969 ex.s. c 120 § 9.]
Effective date—1995 c 337: See note following RCW 25.15.005.
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Corporate name of foreign corporation: RCW 24.06.350.
24.06.046 Reservation of exclusive right to use
corporate name. The exclusive right to the use of a
corporate name may be reserved by:
(1) Any person intending to organize a corporation
under this title.
(2) Any domestic corporation intending to change its
name.
(3) Any foreign corporation intending to make application for a certificate of authority to transact business in this
state.
(4) Any foreign corporation authorized to transact
business in this state and intending to change its name.
(5) Any person intending to organize a foreign corporation and intending to have such corporation make application
for a certificate of authority to transact business in this state.
The reservation shall be made by filing with the
secretary of state an application to reserve a specified
corporate name, executed by or on behalf of the applicant.
If the secretary of state finds that the name is available for
corporate use, the secretary of state shall reserve the same
for the exclusive use of the applicant for a period of one
hundred and eighty days. Such reservation shall be limited
to one filing.
The right to the exclusive use of a specified corporate
name so reserved may be transferred to any other person or
corporation by filing in the office of the secretary of state,
a notice of such transfer, executed by the applicant for
whom the name was reserved, and specifying the name and
address of the transferee. [1993 c 356 § 13; 1982 c 35 §
122.]
Effective date—1993 c 356: See note following RCW 24.03.046.
(2002 Ed.)
24.06.045
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.047 Registration of corporate name. Any
corporation, organized and existing under the laws of any
state or territory of the United States may register its
corporate name under this title, provided its corporate name
is not the same as, or deceptively similar to, the name of any
domestic corporation existing under the laws of this state, or
the name of any foreign corporation authorized to transact
business in this state, the name of any domestic limited
liability company organized under the laws of this state, or
the name of any foreign limited liability company authorized
to transact business in this state, the name of any domestic
or foreign limited partnership on file with the secretary, or
any corporate name reserved or registered under this title.
Such registration shall be made by:
(1) Filing with the secretary of state: (a) An application
for registration executed by the corporation by an officer
thereof, setting forth the name of the corporation, the state
or country under the laws of which it is incorporated, and
the date of its incorporation, and (b) a certificate setting
forth that such corporation is in good standing under the
laws of the state or country wherein it is organized, executed
by the secretary of state of such state or territory or by such
other official as may have custody of the records pertaining
to corporations, and
(2) Paying to the secretary of state the applicable annual
registration fee.
The registration shall be effective until the close of the
calendar year in which the application for registration is
filed. [1994 c 211 § 1308; 1993 c 356 § 14; 1987 c 55 §
42; 1982 c 35 § 123.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.048 Renewal of registration of corporate
name. A corporation which has in effect a registration of its
corporate name, may renew such registration from year to
year by annually filing an application for renewal setting
forth the facts required to be set forth in an original application for registration and a certificate of good standing as
required for the original registration and by paying a fee of
ten dollars. A renewal application may be filed between the
first day of October and the thirty-first day of December in
each year, and shall extend the registration for the following
calendar year. [1982 c 35 § 124.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.050 Registered office and registered agent.
Each domestic corporation and foreign corporation authorized to do business in this state shall have and continuously
maintain in this state:
(1) A registered office which may be, but need not be,
the same as its principal office. The registered office shall
be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address
or rural route, or, if a commonly known street or rural route
[Title 24 RCW—page 33]
24.06.050
Title 24 RCW: Corporations and Associations
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in conjunction with the registered office
address if the corporation also maintains on file the specific
geographic address of the registered office where personal
service of process may be made.
(2) A registered agent, which agent may be either an
individual resident in this state whose business office is
identical with such registered office, or a domestic corporation existing under any act of this state or a foreign corporation authorized to transact business or conduct affairs in this
state under any act of this state having an office identical
with such registered office. The resident agent and registered office shall be designated by duly adopted resolution
of the board of directors; and a statement of such designation, executed by an officer of the corporation, shall be
filed with the secretary of state. A registered agent shall not
be appointed without having given prior written consent to
the appointment. The written consent shall be filed with the
secretary of state in such form as the secretary may prescribe. The written consent shall be filed with or as a part
of the document first appointing a registered agent. In the
event any individual or corporation has been appointed agent
without consent, that person or corporation may file a
notarized statement attesting to that fact, and the name shall
forthwith be removed from the records of the secretary of
state.
No Washington corporation or foreign corporation
authorized to transact business in this state may be permitted
to maintain any action in any court in this state until the
corporation complies with the requirements of this section.
[1993 c 356 § 15; 1982 c 35 § 125; 1969 ex.s. c 120 § 10.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.055 Change of registered office or registered
agent. A corporation may change its registered office or
change its registered agent, or both, upon filing in the office
of the secretary of state a statement in the form prescribed
by the secretary of state setting forth:
(1) The name of the corporation.
(2) If the address of its registered office is to be
changed, the address to which the registered office is to be
changed, including street and number.
(3) If the current registered agent is to be changed, the
name of its successor registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation by
an officer of the corporation, and delivered to the secretary
of state, together with a written consent of the registered
office to his or its appointment, if applicable. If the secretary of state finds that such statement conforms to the
provisions of this chapter, the secretary of state shall file
such statement, and upon such filing, the change of address
of the registered office, or the appointment of a new regis-
[Title 24 RCW—page 34]
tered agent, or both, as the case may be, shall become
effective.
Any registered agent of a corporation may resign as
such agent upon filing a written notice thereof, executed in
duplicate, with the secretary of state, who shall forthwith
mail a copy thereof to the corporation in care of an officer,
who is not the resigning registered agent, at the address of
such officer as shown by the most recent annual report of
the corporation. The appointment of such agent shall
terminate upon the expiration of thirty days after receipt of
such notice by the secretary of state. [1993 c 356 § 16;
1982 c 35 § 126; 1969 ex.s. c 120 § 11.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.060 Service of process on corporation. The
registered agent so appointed by a corporation shall be an
agent of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served.
Whenever a corporation shall fail to appoint or maintain
a registered agent in this state, or whenever its registered
agent cannot with reasonable diligence be found at the
registered office, then the secretary of state shall be an agent
of such corporation upon whom any such process, notice, or
demand may be served. Service on the secretary of state of
any such process, notice, or demand shall be made by
delivering to and leaving with the secretary of state, or with
any duly authorized clerk of the corporation department of
his or her office, duplicate copies of such process, notice or
demand. In the event any such process, notice or demand is
served on the secretary of state, the secretary of state shall
immediately cause one of the copies thereof to be forwarded
by certified mail, addressed to the corporation at its registered office. Any service so had on the secretary of state
shall be returnable in not less than thirty days.
The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state
under this section, and shall record therein the time of such
service and his action with reference thereto.
Nothing herein contained shall limit or affect the right
to serve any process, notice or demand required or permitted
by law to be served upon a corporation in any other manner
now or hereafter permitted by law. [1982 c 35 § 127; 1969
ex.s. c 120 § 12.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.065 Members. A corporation may have one or
more classes of members. The designation of such class or
classes, the manner of election, appointment or admission to
membership, and the qualifications, responsibilities and
rights of the members of each class shall be set forth in the
articles of incorporation. A corporation may issue certificates evidencing membership therein. Certificates may be
assigned by a member and reacquired by the corporation
under such provisions, rules and regulations as may be
prescribed in the articles of incorporation. Membership may
be terminated under such provisions, rules and regulations as
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
may be prescribed in the articles of incorporation or bylaws.
[1969 ex.s. c 120 § 13.]
24.06.070 Shares—Issuance—Payment—
Subscription agreements. (1) Each corporation which is
organized with capital stock shall have the power to create
and issue the number of shares stated in its articles of
incorporation. Such shares may be divided into one or more
classes, any or all of which classes may consist of shares
with par value or shares without par value, with such
designations, preferences, limitations, and relative rights as
shall be stated in the articles of incorporation. The articles
of incorporation may limit or deny the voting rights of or
provide special voting rights for the shares of any class to
the extent not inconsistent with the provisions of this
chapter.
(2) Without limiting the authority herein contained, a
corporation, when so provided in its articles of incorporation,
may issue shares of preferred or special classes:
(a) Subject to the right of the corporation to redeem any
of such shares at the price fixed by the articles of incorporation for the redemption thereof.
(b) Entitling the holders thereof to cumulative, noncumulative or partially cumulative dividends.
(c) Having preference over any other members or class
or classes of shares as to the payment of dividends.
(d) Having preference in the assets of the corporation
over any other members or class or classes of shares upon
the voluntary or involuntary liquidation of the corporation.
(3) The consideration for the issuance of shares may be
paid in whole or in part, in money, in other property,
tangible or intangible, or in labor or services actually
performed for the corporation. When payment of the consideration for which shares are to be issued shall have been
received by the corporation, such shares shall be deemed to
be fully paid and nonassessable.
Neither promissory notes nor future services shall
constitute payment or part payment, for shares of a corporation.
In the absence of fraud in the transaction, the judgment
of the board of directors or the shareholders, as the case may
be, as to the value of the consideration received for shares
shall be conclusive.
(4) A subscription for shares of a corporation to be
organized shall be in writing and be irrevocable for a period
of six months, unless otherwise provided by the terms of the
subscription agreement or unless all of the subscribers
consent to the revocation of such subscription.
Unless otherwise provided in the subscription agreement, subscriptions for shares, whether made before or after
the organization of a corporation, shall be paid in full at such
time, or in such installments and at such times, as shall be
determined by the board of directors. Any call made by the
board of directors for payment on subscriptions shall be
uniform as to all shares of the same class or as to all shares
of the same series, as the case may be. In case of default in
the payment of any installment or call when such payment
is due, the corporation may proceed to collect the amount
due in the same manner as any debt due the corporation.
The bylaws may prescribe other penalties for failure to pay
installments or calls that may become due, but no penalty
(2002 Ed.)
24.06.065
working a forfeiture of a subscription, or of the amounts
paid thereon, shall be declared as against any subscriber
unless the amount due thereon shall remain unpaid for a
period of twenty days after written demand has been made
therefor. If mailed, such written demand shall be deemed to
be made when deposited in the United States mail in a
sealed envelope addressed to the subscriber at his last post
office address known to the corporation, with postage
thereon prepaid. In the event of the sale of any shares by
reason of any forfeiture, the excess of proceeds realized over
the amount due and unpaid on such shares shall be paid to
the delinquent subscriber or to his legal representative.
[1969 ex.s. c 120 § 14.]
24.06.075 Shares—Consideration, fixing. (1) Shares
having a par value may be issued for such consideration
expressed in dollars, not less than the par value thereof, as
shall be fixed from time to time by the board of directors.
(2) Shares without par value shall be issued for such
consideration expressed in dollars as may be fixed from time
to time by the board of directors. [1969 ex.s. c 120 § 15.]
24.06.080 Shares—Certificates. The shares of a
corporation shall be represented by certificates signed by the
president or vice president and the secretary or an assistant
secretary of the corporation, and may be sealed with the seal
of the corporation or a facsimile thereof. The signatures of
the president or vice president and the secretary or assistant
secretary upon a certificate may be facsimiles if the certificate is countersigned by a transfer agent, or registered by
a registrar, other than the corporation itself or an employee
of the corporation. In case any officer who has signed or
whose facsimile signature has been placed upon such
certificate shall have ceased to be such officer before such
certificate is issued, it may be issued by the corporation with
the same effect as if he were such officer at the date of its
issue.
Every certificate representing shares issued by a
corporation which is authorized to issue shares of more than
one class shall set forth upon the face or back of the
certificate, or shall state that the corporation will furnish to
any shareholder upon request and without charge, a full
statement of the designations, preferences, limitations, and
relative rights of the shares of each class authorized to be
issued and, if the corporation is authorized to issue any preferred or special class in series, the variations in the relative
rights and preferences between the shares of each such series
so far as the same have been fixed and determined and the
authority of the board of directors to fix and determine the
relative rights and preferences of subsequent series.
Each certificate representing shares shall state upon the
face thereof:
(1) That the corporation is organized under the laws of
this state.
(2) The name of the person to whom issued.
(3) The number and class of shares, and the designation
of the series, if any, which such certificate represents.
(4) The par value of each share represented by such
certificate, or a statement that the shares are without par
value.
[Title 24 RCW—page 35]
24.06.080
Title 24 RCW: Corporations and Associations
No certificate shall be issued for any share until such
share is fully paid. [1969 ex.s. c 120 § 16.]
24.06.085 Liability of shareholders, subscribers,
assignees, executors, trustees, etc. A holder of or subscriber to shares of a corporation shall be under no obligation to
the corporation or its creditors with respect to such shares
other than the obligation to pay to the corporation the full
consideration for which such shares were issued or to be
issued.
Any person becoming an assignee or transferee of
shares or of a subscription for shares in good faith and
without knowledge or notice that the full consideration
therefor has not been paid shall not be personally liable to
the corporation or its creditors for any unpaid portion of
such consideration.
An executor, administrator, conservator, guardian,
trustee, assignee for the benefit of creditors, or receiver shall
not be personally liable to the corporation as a holder of or
subscriber to shares of a corporation but the estate and funds
in his hands shall be so liable.
No pledgee or other holder of shares as collateral
security shall be personally liable as a shareholder. [1969
ex.s. c 120 § 17.]
24.06.090 Preemptive share acquisition rights. The
preemptive right of a shareholder to acquire unissued shares
of a corporation may be limited or denied to the extent
provided in the articles of incorporation. [1969 ex.s. c 120
§ 18.]
24.06.095 Bylaws. The initial bylaws of a corporation
shall be adopted by its board of directors. The power to
alter, amend or repeal the bylaws or adopt new bylaws shall
be vested in the board of directors unless otherwise provided
in the articles of incorporation or the bylaws. The bylaws
may contain any provisions for the regulation and management of the affairs of a corporation not inconsistent with law
or the articles of incorporation: PROVIDED, That where the
bylaws of an existing corporation prohibit voting by mail, by
electronic transmission, or by proxy or attorney-in-fact, and
the quorum required by its bylaws for election of directors
or transaction of other business has not been obtained at a
shareholders’ or members’ meeting, for a period which
includes at least two consecutive annual meeting dates, the
board of directors shall have power to amend such bylaws to
thereafter authorize voting by mail, by electronic
transmission, or by proxy or attorney-in-fact. [2000 c 167
§ 2; 1970 ex.s. c 78 § 1; 1969 ex.s. c 120 § 19.]
24.06.100 Meetings of members and shareholders.
Meetings of members and/or shareholders may be held at
such place, either within or without this state, as may be
provided in the bylaws. In the absence of any such provision, all meetings shall be held at the registered office of the
corporation in this state.
An annual meeting of the members and shareholders
shall be held at such time as may be provided in the bylaws.
Failure to hold the annual meeting at the designated time
shall not work a forfeiture or dissolution of the corporation.
[Title 24 RCW—page 36]
Special meetings of the members or shareholders may
be called by the president or by the board of directors.
Special meetings of the members or shareholders may also
be called by such other officers or persons or number or
proportion of members or shareholders as may be provided
in the articles of incorporation or the bylaws. In the absence
of a provision fixing the number or proportion of members
or shareholders entitled to call a meeting, a special meeting
of members or shareholders may be called by persons having
one-twentieth of the votes entitled to be cast at such meeting.
Only business within the purpose or purposes described in
the meeting notice required by RCW 24.06.105 may be
conducted at a special meeting.
If the articles of incorporation or bylaws so provide,
members or shareholders may participate in any meeting of
members or shareholders by any means of communication by
which all persons participating in the meeting can hear each
other during the meeting. A member or shareholder participating in a meeting by this means is deemed to be present in
person at the meeting. [2001 c 271 § 5; 1969 ex.s. c 120 §
20.]
24.06.105 Notice of meetings. Written or printed
notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice given by electronic transmission, stating the place, day and hour of the
meeting and, in case of a special meeting, the purpose or
purposes for which the meeting is called, shall be delivered
not less than ten nor more than fifty days before the date of
the meeting, either personally or by mail or electronic
transmission, by or at the direction of the president, or the
secretary, or the officers or persons calling the meeting, to
each member or shareholder entitled to vote at such meeting.
If provided in the articles of incorporation, notice of regular
meetings other than annual may be made by providing each
member with the adopted schedule of regular meetings for
the ensuing year at any time after the annual meeting and ten
days prior to a regular meeting and at any time when
requested by a member or by such other notice as may be
prescribed by the bylaws. If mailed, such notice shall be
deemed to be delivered when deposited in the United States
mail, addressed to the member or shareholder at his or her
address as it appears on the records of the corporation, with
postage thereon prepaid. If sent by electronic transmission,
the notice is deemed to be delivered when sent, addressed to
the member or shareholder at his or her electronic transmission address as it appears on the records of the corporation. [2000 c 167 § 3; 1969 ex.s. c 120 § 21.]
24.06.110 Voting. The right of a class or classes of
members or shareholders to vote may be limited, enlarged or
denied to the extent specified in the articles of incorporation.
Unless so limited, enlarged or denied, each member and each
outstanding share of each class shall be entitled to one vote
on each matter submitted to a vote of members or shareholders. No member of a class may acquire any interest which
will entitle him or her to a greater vote than any other
member of the same class.
A member or shareholder may vote in person or, unless
the articles of incorporation or the bylaws otherwise provide,
may vote by mail, by electronic transmission, or by proxy
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
executed in writing by the member or shareholder or by his
or her duly authorized attorney-in-fact: PROVIDED, That
no proxy shall be valid for more than eleven months from
the date of its execution unless otherwise specified in the
proxy.
If a member or shareholder may vote by proxy, the
proxy may be given by:
(1) Executing a writing authorizing another person or
persons to act for the member or shareholder as proxy.
Execution may be accomplished by the member or shareholder or the member’s or shareholder’s authorized officer,
director, employee, or agent signing the writing or causing
his or her signature to be affixed to the writing by any
reasonable means including, but not limited to, facsimile
signature; or
(2) Authorizing another person or persons to act for the
member or shareholder as proxy by transmitting or authorizing the transmission of an electronic transmission to the
person who will be the holder of the proxy, or to a proxy
solicitation firm, proxy support service organization, or like
agent duly authorized by the person who will be the holder
of the proxy to receive the transmission. If it is determined
that the electronic transmissions are valid, the inspector of
election or, if there are no inspectors, any other officer or
agent of the corporation making that determination on behalf
of the corporation shall specify the information upon which
they relied. The corporation shall require the holders of
proxies received by electronic transmission to provide to the
corporation copies of the electronic transmission and the
corporation shall retain copies of the electronic transmission
for a reasonable period of time.
If specifically permitted by the articles of incorporation
or bylaws, whenever proposals or directors or officers are to
be voted upon, such vote may be taken by mail or by
electronic transmission if the name of each candidate and the
text of each proposal to be so voted upon are set forth in a
writing accompanying or contained in the notice of meeting.
Persons voting by mail or by electronic transmission shall be
deemed present for all purposes of quorum, count of votes
and percentages of total voting power voting.
The articles of incorporation or the bylaws may provide
that in all elections for directors every person entitled to vote
shall have the right to cumulate his or her vote and to give
one candidate a number of votes equal to his or her vote
multiplied by the number of directors to be elected, or by
distributing such votes on the same principle among any
number of such candidates. [2001 c 271 § 6; 2000 c 167 §
4; 1969 ex.s. c 120 § 22.]
24.06.115 Quorum. The articles of incorporation or
the bylaws may provide the number or percentage of votes
which members or shareholders are entitled to cast in person,
by mail, by electronic transmission, or by proxy, which shall
constitute a quorum at meetings of shareholders or members.
However, in no event shall a quorum be less than one-fourth,
or in the case of consumer cooperatives, five percent, of the
votes which members or shareholders are entitled to cast in
person, by mail, by electronic transmission, or by proxy, at
a meeting considering the adoption of a proposal which is
required by the provisions of this chapter to be adopted by
at least two-thirds of the votes which members or sharehold(2002 Ed.)
24.06.110
ers present at the meeting in person or by mail, by electronic
transmission, or represented by proxy are entitled to cast. In
all other matters and in the absence of any provision in the
articles of incorporation or bylaws, a quorum shall consist of
one-fourth, or in the case of consumer cooperatives, five
percent, of the votes which members or shareholders are
entitled to cast in person, by mail, by electronic transmission, or by proxy at the meeting. On any proposal on which
a class of shareholders or members is entitled to vote as a
class, a quorum of the class entitled to vote as such class
must also be present in person, by mail, by electronic
transmission, or represented by proxy. [2001 c 271 § 7;
2000 c 167 § 5; 1969 ex.s. c 120 § 23.]
24.06.120 Class voting. A class of members or
shareholders shall be entitled to vote as a class upon any
proposition, whether or not entitled to vote thereon by the
provisions of the articles of incorporation, if the proposition
would increase or decrease the rights, qualifications, limitations, responsibilities or preferences of the class as related to
any other class. [1969 ex.s. c 120 § 24.]
24.06.125 Board of directors. The affairs of the
corporation shall be managed by a board of directors.
Directors need not be residents of this state or members or
shareholders of the corporation unless the articles of incorporation or the bylaws so require. The articles of incorporation
or the bylaws may prescribe other qualifications for directors. [1969 ex.s. c 120 § 25.]
24.06.130 Number and election of directors. The
number of directors of a corporation shall be not less than
three and shall be fixed by the bylaws: PROVIDED, That
the number of the first board of directors shall be fixed by
the articles of incorporation. The number of directors may
be increased or decreased from time to time by amendment
to the bylaws, unless the articles of incorporation provide
that a change in the number of directors shall be made only
by amendment of the articles of incorporation. No decrease
in number shall have the effect of shortening the term of any
incumbent director. In the absence of a bylaw fixing the
number of directors, the number shall be the same as that
stated in the articles of incorporation.
The directors constituting the first board of directors
shall be named in the articles of incorporation and shall hold
office until the first annual election of directors or for such
other period as may be specified in the articles of incorporation or the bylaws. Thereafter, directors shall be elected or
appointed in the manner and for the terms provided in the
articles of incorporation or the bylaws. In the absence of a
provision fixing the term of office, the term of office of a
director shall be one year.
Directors may be divided into classes and the terms of
office of the several classes need not be uniform. Each
director shall hold office for the term for which he is elected
or appointed and until his successor shall have been elected
or appointed and qualified.
A director may be removed from office pursuant to any
procedure therefor provided in the articles of incorporation.
[1969 ex.s. c 120 § 26.]
[Title 24 RCW—page 37]
24.06.135
Title 24 RCW: Corporations and Associations
24.06.135 Vacancies. Any vacancy occurring in the
board of directors and any directorship to be filled by reason
of an increase in the number of directors may be filled by
the board of directors unless the articles of incorporation or
the bylaws provide that a vacancy or directorship so created
shall be filled in some other manner. A director elected or
appointed, as the case may be, to fill a vacancy, shall be
elected or appointed for the unexpired term of his predecessor in office. [1969 ex.s. c 120 § 27.]
24.06.140 Quorum of directors. A majority of the
number of directors fixed by the bylaws, or in the absence
of a bylaw fixing the number of directors, then of the
number stated in the articles of incorporation, shall constitute
a quorum for the transaction of business, unless otherwise
provided in the articles of incorporation or the bylaws:
PROVIDED, That a quorum shall never consist of less than
one-third of the number of directors so fixed or stated. The
act of the majority of the directors present at a meeting at
which a quorum is present shall be the act of the board of
directors, unless the act of a greater number is required by
this chapter, the articles of incorporation, or the bylaws.
[1969 ex.s. c 120 § 28.]
24.06.145 Committees. If the articles of incorporation
or the bylaws so provide, the board of directors, by resolution adopted by a majority of the directors in office, may
designate and appoint one or more committees each of which
shall consist of two or more directors, which committees, to
the extent provided in such resolution, in the articles of
incorporation, or in the bylaws of the corporation, shall have
and exercise the authority of the board of directors in the
management of the corporation: PROVIDED, That no such
committee shall have the authority of the board of directors
in reference to:
(1) Amending, altering or repealing the bylaws;
(2) Electing, appointing, or removing any member of
any such committee or any director or officer of the corporation;
(3) Amending the articles of incorporation;
(4) Adopting a plan of merger or a plan of consolidation
with another corporation;
(5) Authorizing the sale, lease, exchange, or mortgage,
of all or substantially all of the property and assets of the
corporation;
(6) Authorizing the voluntary dissolution of the corporation or revoking proceedings therefor; or
(7) Amending, altering or repealing any resolution of the
board of directors which by its terms provides that it shall
not be amended, altered or repealed by such committee.
The designation and appointment of any such committee
and the delegation thereto of authority shall not operate to
relieve the board of directors, or any individual director of
any responsibility imposed upon it or him by law. [1969
ex.s. c 120 § 29.]
24.06.150 Directors’ meetings. Meetings of the
board of directors, regular or special, may be held either
within or without this state, and upon such notice as the
bylaws may prescribe. Attendance of a director at any
meeting shall constitute a waiver of notice of such meeting
[Title 24 RCW—page 38]
except where a director attends a meeting for the express
purpose of objecting to the transaction of any business
because the meeting is not lawfully called or convened.
Neither the business to be transacted at, nor the purpose of,
any regular or special meeting of the board of directors need
be specified in the notice or waiver of notice of such
meeting.
Unless the articles of incorporation or bylaws provide
otherwise, any or all directors may participate in a regular or
special meeting by, or conduct the meeting through the use
of, any means of communication by which all directors
participating can hear each other during the meeting. A
director participating in a meeting by this means is deemed
to be present in person at the meeting. [2001 c 271 § 8;
1969 ex.s. c 120 § 30.]
24.06.153 Duties of director or officer—
Standards—Liability. (1) A director shall discharge the
duties of a director, including duties as a member of a
committee, and an officer with discretionary authority shall
discharge the officer’s duties under that authority:
(a) In good faith;
(b) With the care an ordinarily prudent person in a like
position would exercise under similar circumstances; and
(c) In a manner the director or officer reasonably
believes to be in the best interests of the corporation.
(2) In discharging the duties of a director or an officer,
a director or officer is entitled to rely on information,
opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by:
(a) One or more officers or employees of the corporation whom the director or officer reasonably believes to be
reliable and competent in the matters presented; or
(b) Legal counsel, public accountants, or other persons
as to matters the director or officer reasonably believes are
within the person’s professional or expert competence.
In addition, a director is entitled to rely on a committee
of the board of directors of which the director is not a
member if the director reasonably believes the committee
merits confidence.
(3) A director or an officer is not acting in good faith if
the director or officer has knowledge concerning the matter
in question that makes reliance otherwise permitted by
subsection (2) of this section unwarranted.
(4) A director or officer is not liable for any action
taken as a director or as an officer, or any failure to take any
action, if the director or officer performed the duties of the
director’s or officer’s office in compliance with this section.
[2001 c 271 § 9.]
24.06.155 Officers. The officers of a corporation
shall consist of a president, one or more vice presidents, a
secretary, a treasurer and such other officers and assistant
officers as may be deemed necessary, each of whom shall be
elected or appointed at such time and in such manner and for
such terms not exceeding three years as may be prescribed
in the articles of incorporation or the bylaws. In the absence
of any such provision, all officers shall be elected or
appointed annually by the board of directors. If the bylaws
so provide, any two or more offices may be held by the
same person, except the offices of president and secretary.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
The articles of incorporation or the bylaws may provide
that any one or more officers of the corporation shall be ex
officio members of the board of directors.
The officers of a corporation may be designated by such
additional titles as may be provided in the articles of
incorporation or the bylaws. [1969 ex.s. c 120 § 31.]
24.06.160 Books and records. Each corporation shall
keep correct and complete books and records of account and
shall keep minutes of the proceedings of its members,
shareholders, board of directors, and committees having any
of the authority of the board of directors; and shall keep at
its registered office or principal office in this state a record
of the names and addresses of its members and shareholders
entitled to vote. All books and records of a corporation may
be inspected by any member or shareholder, or his agent or
attorney, for any proper purpose at any reasonable time.
[1969 ex.s. c 120 § 32.]
24.06.165 Loans to directors or officers. No loans
exceeding or more favorable than those which are customarily made to members or shareholders shall be made by a
corporation to its directors or officers. The directors of a
corporation who vote for or assent to the making of a loan
in violation of this section to a director or officer of the
corporation, and any officer or officers participating in the
making of such loan, shall be jointly and severally liable to
the corporation for the amount of such loan until the
repayment thereof. [1969 ex.s. c 120 § 33.]
24.06.170 Filing of articles of incorporation.
Duplicate originals of the articles of incorporation shall be
delivered to the secretary of state. If the secretary of state
finds that the articles of incorporation conform to law, he or
she shall, when all fees have been paid as in this chapter
prescribed:
(1) Endorse on each of such originals the word "filed"
and the effective date of the filing thereof.
(2) File one of such originals in his or her office.
(3) Issue a certificate of incorporation to which he or
she shall affix one of such originals.
The certificate of incorporation together with the
original of the articles of incorporation affixed thereto by the
secretary of state shall be returned to the incorporators or
their representatives and shall be retained by the corporation.
[1982 c 35 § 128; 1981 c 302 § 5; 1969 ex.s. c 120 § 34.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.175 Effect of filing of articles of incorporation. Upon the filing of the articles of incorporation, the
corporate existence shall begin, and the certificate of
incorporation shall, except as against the state in a proceeding to cancel or revoke the certificate of incorporation, be
conclusive evidence that all conditions precedent required to
be performed by the incorporators have been complied with
and that the corporation has been incorporated under this
chapter. [1982 c 35 § 129; 1969 ex.s. c 120 § 35.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2002 Ed.)
24.06.155
24.06.180 Organization meeting. After the issuance
of the certificate of incorporation an organization meeting of
the board of directors named in the articles of incorporation
shall be held, either within or without this state, at the call
of a majority of the incorporators, for the purpose of
adopting bylaws, electing officers and the transaction of such
other business as may come before the meeting. The
incorporators calling the meeting shall give at least three
days’ notice thereof by mail to each director so named,
which notice shall state the time and place of the meeting.
A first meeting of the members and shareholders may
be held at the call of the directors, or a majority of them,
upon at least three days’ notice, for such purposes as shall
be stated in the notice of the meeting. [1969 ex.s. c 120 §
36.]
24.06.185 Right to amend articles of incorporation.
A corporation may amend its articles of incorporation from
time to time in any and as many respects as may be desired,
so long as its articles of incorporation as amended contain
only such provisions as are lawful under this chapter. A
member or shareholder of a corporation does not have a
vested property right resulting from any provision in the
articles of incorporation. [2001 c 271 § 10; 1969 ex.s. c 120
§ 37.]
24.06.190 Procedure to amend articles of incorporation. Amendments to the articles of incorporation shall be
made in the following manner:
A corporation’s board of directors may amend the
articles of incorporation to change the name of the corporation, without seeking member or shareholder approval. With
respect to amendments other than to change the name of the
corporation, the board of directors shall adopt a resolution
setting forth the proposed amendment and directing that it be
submitted to a vote at a meeting of members and shareholders, which may be either an annual or a special meeting.
Written or printed notice or, if specifically permitted by the
articles of incorporation or bylaws of the corporation, notice
by electronic transmission, setting forth the proposed
amendment or a summary of the changes to be effected
thereby shall be given to each member and shareholder
entitled to vote at such meeting within the time and in the
manner provided in this chapter for the giving of notice of
meetings of members and shareholders. The proposed
amendment shall be adopted upon receiving at least twothirds of the votes which members or shareholders present in
person or by mail or by electronic transmission at such
meeting or represented by proxy are entitled to cast:
PROVIDED, That when any class of shares or members is
entitled to vote thereon by class, the proposed amendment
must receive at least two-thirds of the votes of the members
or shareholders of each class entitled to vote thereon as a
class, who are present in person, by mail, by electronic
transmission, or represented by proxy at such meeting.
Any number of amendments may be submitted and
voted upon at any one meeting. [2001 c 271 § 11; 2000 c
167 § 6; 1969 ex.s. c 120 § 38.]
24.06.195 Articles of amendment. The articles of
amendment shall be executed in duplicate originals by the
[Title 24 RCW—page 39]
24.06.195
Title 24 RCW: Corporations and Associations
corporation by an officer of the corporation, and shall set
forth:
(1) The name of the corporation.
(2) Any amendment so adopted.
(3) If an amendment was adopted by the board of
directors without being submitted for member or shareholder
action, a statement to that effect and that member or shareholder action was not required; or a statement setting forth
the date of the meeting of members and shareholders at
which the amendment was adopted, that a quorum was
present at such meeting, and that such amendment received
at least two-thirds of the votes which members or shareholders of the corporation, and of each class entitled to vote
thereon as a class, present at such meeting in person, by
mail, by electronic transmission, or represented by proxy
were entitled to cast, or a statement that such amendment
was adopted by a consent in writing signed by all members
and shareholders entitled to vote with respect thereto. [2001
c 271 § 12; 2000 c 167 § 7; 1982 c 35 § 130; 1981 c 302 §
6; 1969 ex.s. c 120 § 39.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.200 Filing of articles of amendment—
Procedure. Duplicate originals of the articles of amendment
shall be delivered to the secretary of state. If the secretary
of state finds that the articles of amendment conform to law,
he or she shall, when all fees have been paid as prescribed
in this chapter:
(1) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof.
(2) File one of such originals in his or her office.
(3) Issue a certificate of amendment to which he or she
shall affix one of such originals.
The certificate of amendment, together with the other
duplicate original of the articles of amendment affixed
thereto by the secretary of state shall be returned to the
corporation or its representative and shall be retained by the
corporation. [1982 c 35 § 131; 1981 c 302 § 7; 1969 ex.s.
c 120 § 40.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.205 When amendment becomes effective—
Existing actions and rights not affected. Upon the filing
of the articles of amendment by the secretary of state, the
amendment shall become effective and the articles of
incorporation shall be deemed to be amended accordingly.
No amendment shall affect any existing cause of action
in favor of or against such corporation, nor any pending
action to which such corporation shall be a party, nor the
existing rights of persons other than members; and, in the
event the corporate name shall be changed by amendment,
no action brought by or against such corporation under its
former name shall abate for that reason. [1982 c 35 § 132;
1969 ex.s. c 120 § 41.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
[Title 24 RCW—page 40]
24.06.207 Restated articles of incorporation. A
domestic corporation may at any time restate its articles of
incorporation as theretofore amended, by a resolution
adopted by the board of directors.
Upon the adoption of the resolution, restated articles of
incorporation shall be executed in duplicate by the corporation by one of its officers and shall set forth all of the
operative provisions of the articles of incorporation as
theretofore amended together with a statement that the
restated articles of incorporation correctly set forth without
change the corresponding provisions of the articles of
incorporation as theretofore amended and that the restated
articles of incorporation supersede the original articles of
incorporation and all amendments thereto.
Duplicate originals of the restated articles of incorporation shall be delivered to the secretary of state. If the
secretary of state finds that the restated articles of incorporation conform to law, the secretary of state shall, when all
fees required by this title have been paid:
(1) Endorse on each duplicate original the word "Filed"
and the effective date of the filing thereof;
(2) File one duplicate original; and
(3) Issue a restated certificate of incorporation, to which
the other duplicate original shall be affixed.
The restated certificate of incorporation, together with
the duplicate original of the restated articles of incorporation
affixed thereto by the secretary of state, shall be returned to
the corporation or its representative.
Upon the filing of the restated articles of incorporation
by the secretary of state, the restated articles of incorporation
shall become effective and shall supersede the original
articles of incorporation and all amendments thereto. [1982
c 35 § 133.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.210 Procedure for merger. Any two or more
domestic corporations may merge into one of such corporations pursuant to a plan of merger approved in the manner
provided in this chapter.
Each corporation shall adopt a plan of merger setting
forth:
(1) The names of the corporations proposing to merge,
and the name of the corporation into which they propose to
merge, which is hereinafter designated as the surviving
corporation.
(2) The terms and conditions of the proposed merger.
(3) A statement of any changes in the articles of
incorporation of the surviving corporation to be effected by
such merger.
(4) Such other provisions with respect to the proposed
merger as are deemed necessary or desirable. [1969 ex.s. c
120 § 42.]
24.06.215 Procedure for consolidation. Any two or
more domestic corporations may consolidate into a new
corporation pursuant to a plan of consolidation approved in
the manner provided in this chapter.
Each corporation shall adopt a plan of consolidation
setting forth:
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
(1) The names of the corporations proposing to consolidate, and the name of the new corporation into which they
propose to consolidate, which is hereinafter designated as the
new corporation.
(2) The terms and conditions of the proposed consolidation.
(3) With respect to the new corporation, all of the
statements required to be set forth in articles of incorporation
for corporations organized under this chapter.
(4) Such other provisions with respect to the proposed
consolidation as are deemed necessary or desirable. [1969
ex.s. c 120 § 43.]
24.06.220 Approval of merger or consolidation. A
plan of merger or consolidation shall be adopted in the
following manner:
The board of directors of such corporation shall adopt
a resolution approving the proposed plan and directing that
it be submitted to a vote at a meeting of members or
shareholders which may be either an annual or a special
meeting. Written or printed notice or, if specifically permitted by the articles of incorporation or bylaws of the corporation, notice by electronic transmission, setting forth the
proposed plan or a summary thereof shall be given to each
member and shareholder within the time and in the manner
provided in this chapter for the giving of notice of meetings
of members and shareholders. The proposed plan shall be
adopted upon receiving at least two-thirds of the votes which
members and shareholders present in person or by mail or by
electronic transmission at each such meeting or represented
by proxy are entitled to cast: PROVIDED, That when any
class of shares or members is entitled to vote thereon as a
class, the proposed amendment must receive at least twothirds of the votes of the members or shareholders of each
class entitled to vote thereon as a class, who are present in
person, by mail, by electronic transmission, or represented
by proxy at such meeting.
After such approval, and at any time prior to the filing
of the articles of merger or consolidation, the merger or
consolidation may be abandoned pursuant to provisions
therefor, if any, set forth in the plan of merger or consolidation. [2000 c 167 § 8; 1969 ex.s. c 120 § 44.]
24.06.225 Articles of merger or consolidation. (1)
Upon approval, articles of merger or articles of consolidation
shall be executed in duplicate originals by each corporation,
by an officer of each corporation, and shall set forth:
(a) The plan of merger or the plan of consolidation;
(b) A statement setting forth the date of the meeting of
members or shareholders at which the plan was adopted, that
a quorum was present at such meeting, and that such plan
received at least two-thirds of the votes which members and
shareholders of the corporation and of each class entitled to
vote thereon as a class, present at such meeting in person or
by mail or by electronic transmission or represented by
proxy were entitled to cast, or a statement that such amendment was adopted by a consent in writing signed by all
members;
(2) Duplicate originals of the articles of merger or
articles of consolidation shall be delivered to the secretary of
state. If the secretary of state finds that such articles
(2002 Ed.)
24.06.215
conform to law, he or she shall, when all fees have been
paid as prescribed in this chapter:
(a) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof;
(b) File one of such originals in his or her office;
(c) Issue a certificate of merger or a certificate of
consolidation to which he or she shall affix one of such
originals.
The certificate of merger or certificate of consolidation,
together with the original of the articles of merger or articles
of consolidation affixed thereto by the secretary of state shall
be returned to the surviving or new corporation, as the case
may be, or its representative, and shall be retained by the
corporation. [2000 c 167 § 9; 1982 c 35 § 134; 1981 c 302
§ 8; 1969 ex.s. c 120 § 45.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.06.230 Merger or consolidation—When effected.
Upon the filing of articles of merger, or the articles of
consolidation by the secretary of state, the merger or
consolidation shall be effected. [1982 c 35 § 135; 1969 ex.s.
c 120 § 46.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.233 Merger or consolidation of domestic and
foreign corporation—Participation in an exchange. One
or more foreign corporations and one or more domestic
corporations may be merged or consolidated or participate in
an exchange in the following manner, if such merger,
consolidation, or exchange is permitted by the laws of the
state under which each such foreign corporation is organized:
(1) Each domestic corporation shall comply with the
provisions of this title with respect to the merger, consolidation, or exchange, as the case may be, of domestic corporations and each foreign corporation shall comply with the
applicable provisions of the laws of the state under which it
is organized.
(2) If the surviving or new corporation in a merger or
consolidation is to be governed by the laws of any state
other than this state, it shall comply with the provisions of
this title with respect to foreign corporations if it is to
transact business in this state, and in every case it shall file
with the secretary of state of this state:
(a) An agreement that it may be served with process in
this state in any proceeding for the enforcement of any
obligation of any domestic corporation which is a party to
such merger or consolidation and in any proceeding for the
enforcement of the rights, if any, of a dissenting shareholder
of any such domestic corporation against the surviving or
new corporation;
(b) An irrevocable appointment of the secretary of state
of this state as its agent to accept service of process in any
such proceeding; and
(c) An agreement that it will promptly pay to the
dissenting shareholders of any such domestic corporation the
amount, if any, to which they shall be entitled under the
provisions of this title with respect to the rights of dissenting
shareholders.
[Title 24 RCW—page 41]
24.06.233
Title 24 RCW: Corporations and Associations
The effect of such merger or consolidation shall be the
same as in the case of the merger or consolidation of
domestic corporations, if the surviving or new corporation is
to be governed by the laws of this state. If the surviving or
new corporation is to be governed by the laws of any state
other than this state, the effect of such merger or consolidation shall be the same as in the case of the merger or
consolidation of domestic corporations except insofar as the
laws of such other state provide otherwise.
(3) At any time prior to the effective date of the articles
of merger, consolidation, or exchange, the merger, consolidation, or exchange, may be abandoned pursuant to provision
therefor, if any, set forth in the plan of merger, consolidation
or exchange. In the event the merger, consolidation, or
exchange is abandoned, the parties thereto shall execute a
notice of abandonment in triplicate signed by an officer for
each corporation signing the notice. If the secretary of state
finds the notice conforms to law, the secretary of state shall:
(a) Endorse on each of the originals the word "Filed"
and the effective date of the filing thereof;
(b) File one of the triplicate originals in the secretary of
state’s office; and
(c) Issue the other triplicate originals to the respective
parties or their representatives. [1982 c 35 § 136.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.235 Effect of merger or consolidation. When
such merger or consolidation has been effected:
(1) The several corporations party to the plan of merger
or consolidation shall be a single corporation, which, in the
case of a merger, shall be that corporation designated in the
plan of merger as the surviving corporation, and, in the case
of a consolidation, shall be the new corporation provided for
in the plan of consolidation.
(2) The separate existence of all corporations party to
the plan of merger or consolidation, except the surviving or
new corporation, shall cease.
(3) The surviving or new corporation shall have all the
rights, privileges, immunities and powers, and shall be
subject to all the duties and liabilities of a corporation
organized under this chapter.
(4) The surviving or new corporation shall thereupon
and thereafter possess all the rights, privileges, immunities,
and franchises, whether of a public or a private nature, of
each of the merging or consolidating corporations; all
property, real, personal and mixed, and all debts due on
whatever account, and all other choses in action, and all and
every other interest, of or belonging to or due to each of the
corporations so merged or consolidated, shall be taken and
deemed to be transferred to and vested in such single corporation without further act or deed; and no title to any real
estate, or any interest therein, vested in any of such corporations shall not revert nor be in any way impaired by reason
of such merger or consolidation.
(5) The surviving or new corporation shall thenceforth
be responsible and liable for all the liabilities and obligations
of each of the corporations so merged or consolidated; and
any claim existing or action or proceeding pending by or
against any of such corporations may be prosecuted as if
such merger or consolidation had not taken place, or such
surviving or new corporation may be substituted in its place.
[Title 24 RCW—page 42]
No rights of creditors nor any liens upon the property of any
such corporation shall be impaired by such merger or
consolidation.
(6) In the case of a merger, the articles of incorporation
of the surviving corporation shall be deemed to be amended
to the extent, if any, that changes in its articles of incorporation are stated in the plan of merger; and, in the case of a
consolidation, the statements set forth in the articles of
consolidation and which are required or permitted to be set
forth in the articles of incorporation of corporations organized under this chapter shall be deemed to be the articles of
incorporation of the new corporation. [1969 ex.s. c 120 §
47.]
24.06.240 Sale, lease, exchange, etc., of property
and assets. A sale, lease, exchange, or other disposition of
all or substantially all of the property and assets of a
corporation may be made upon such terms and conditions
and for such consideration, which may consist in whole or
in part of money or property, real or personal, including
shares of any corporation for profit, domestic or foreign, as
may be authorized in the following manner:
(1) The board of directors shall adopt a resolution
recommending a sale, lease, exchange, or other disposition
and directing that it be submitted to a vote at a meeting of
members or shareholders which may be either an annual or
a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of such meeting is to consider the sale,
lease, exchange, or other disposition of all or substantially all
of the property and assets of the corporation shall be given
to each member and shareholder within the time and in the
manner provided by this chapter for the giving of notice of
meetings of members and shareholders.
(3) At such meeting the members may authorize such
sale, lease, exchange, or other disposition and may fix, or
may authorize the board of directors to fix, any or all of the
terms and conditions thereof and the consideration to be
received by the corporation therefor.
(4) Such authorization shall require at least two-thirds
of the votes which members and shareholders present at such
meetings in person, by mail, by electronic transmission, or
represented by proxy are entitled to cast: PROVIDED, That
even after such authorization by a vote of members or
shareholders, the board of directors may, in its discretion,
without further action or approval by members, abandon
such sale, lease, exchange, or other disposition of assets,
subject only to the rights of third parties under any contracts
relating thereto. [2000 c 167 § 10; 1969 ex.s. c 120 § 48.]
24.06.245 Right of member or shareholder to
dissent. Any member or shareholder of a corporation shall
have the right to dissent from any of the following corporate
actions:
(1) Any plan of merger or consolidation to which the
corporation is a party other than a merger or consolidation
in which all members or shareholders of the corporation
have the right to continue their membership or shareholder
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
status in the surviving corporation on substantially similar
terms; or
(2) Any sale or exchange of all or substantially all of
the property and assets of the corporation not made in the
usual and regular course of its business, including a sale in
dissolution, but not including a sale pursuant to an order of
a court having jurisdiction in the premises or a sale for cash
on terms requiring that all or substantially all of the net
proceeds of sale be distributed to the shareholders in
accordance with their respective interests within one year
after the date of sale; or
(3) Any amendment to the articles of incorporation that
materially reduces the number of shares owned by a shareholder to a fraction of a share if the fractional share is to be
acquired by the corporation for cash; or
(4) Any corporate action taken pursuant to a member or
shareholder vote to the extent that the articles of incorporation, bylaws, or a resolution of the board of directors
provides that voting or nonvoting members or shareholders
are entitled to dissent and obtain payment for their membership or shares.
A member or shareholder entitled to dissent and obtain
payment for the member’s or shareholder’s membership
interest or shares under this chapter may not challenge the
corporate action creating the member’s or shareholder’s
entitlement unless the action fails to comply with the
procedural requirements imposed by this title, the articles of
incorporation, or the bylaws, or is fraudulent with respect to
the member or shareholder or the corporation.
The provisions of this section shall not apply to the
members or shareholders of the surviving corporation in a
merger if such corporation is on the date of the filing of the
articles of merger the owner of all the outstanding shares of
the other corporations, domestic or foreign, which are parties
to the merger.
The meeting notice for any meeting at which a proposed
corporate action creating dissenters’ rights is submitted to a
vote must state that members or shareholders are or may be
entitled to assert dissenters’ rights and be accompanied by a
copy of RCW 24.06.250. [2001 c 271 § 13; 1969 ex.s. c
120 § 49.]
24.06.250 Exercise of right of dissent—Rights and
liabilities. Any member or shareholder electing to exercise
such right of dissent shall file with the corporation, prior to
or at the meeting of members and shareholders at which
such proposed corporate action is submitted to a vote, a
written objection to such proposed corporate action. If such
proposed corporate action be approved by the required vote
and such member or shareholder shall not have voted in
favor thereof, such member or shareholder may, within ten
days after the date on which the vote was taken, make
written demand on the corporation, or, in the case of a
merger or consolidation, on the surviving or new corporation, domestic or foreign, for payment of the fair value of
such member’s membership or of such shareholder’s shares,
and, if such proposed corporate action is effected, such
corporation shall pay to such member, upon surrender of his
or her membership certificate, if any, or to such shareholder,
upon surrender of the certificate or certificates representing
such shares, the fair value thereof as of the day prior to the
(2002 Ed.)
24.06.245
date on which the vote was taken approving the proposed
corporate action, excluding any appreciation or depreciation
in anticipation of such corporate action. Any member or
shareholder failing to make demand within the ten day
period shall be bound by the terms of the proposed corporate
action. Any member or shareholder making such demand
shall thereafter be entitled only to payment as in this section
provided and shall not be entitled to vote or to exercise any
other rights of a member or shareholder.
No such demand shall be withdrawn unless the corporation shall consent thereto. The right of such member or
shareholder to be paid the fair value of his or her membership or shares shall cease and his or her status as a
member or shareholder shall be restored, without prejudice
to any corporate proceedings which may have been taken
during the interim, if:
(1) Such demand shall be withdrawn upon consent; or
(2) The proposed corporate action shall be abandoned or
rescinded or the members or shareholders shall revoke the
authority to effect such action; or
(3) In the case of a merger, on the date of the filing of
the articles of merger the surviving corporation is the owner
of all the outstanding shares of the other corporations,
domestic and foreign, that are parties to the merger; or
(4) A court of competent jurisdiction shall determine
that such member or shareholder is not entitled to the relief
provided by this section.
Within ten days after such corporate action is effected,
the corporation, or, in the case of a merger or consolidation,
the surviving or new corporation, domestic or foreign, shall
give written notice thereof to each dissenting member or
shareholder who has made demand as herein provided, and
shall make a written offer to each such member or shareholder to pay for such shares or membership at a specified
price deemed by such corporation to be the fair value
thereof. Except in cases where the fair value payable to
dissenters is fixed in the articles of incorporation or pursuant
to RCW 24.06.255, such notice and offer shall be accompanied by a balance sheet of the corporation in which the
member holds his or her membership or the dissenting
shareholder holds shares, as of the latest available date and
not more than twelve months prior to the making of such
offer, and a profit and loss statement of such corporation for
the twelve months’ period ended on the date of such balance
sheet.
If the fair value payable to dissenting members or
shareholders is fixed in the articles of incorporation or
pursuant to RCW 24.06.255, or if within thirty days after the
date on which such corporate action was effected the fair
value of such shares or membership is agreed upon between
any such dissenting member or shareholder and the corporation, payment therefor shall be made within ninety days after
the date on which such corporate action was effected, upon
surrender of the membership certificate, if any, or upon
surrender of the certificate or certificates representing such
shares. Upon payment of the agreed value the dissenting
member or shareholder shall cease to have any interest in
such membership or shares.
If the fair value payable to dissenting members or
shareholders is not fixed in the articles of incorporation or
pursuant to RCW 24.06.025, and within such period of thirty
days a dissenting member or shareholder and the corporation
[Title 24 RCW—page 43]
24.06.250
Title 24 RCW: Corporations and Associations
do not so agree, then the dissenting member or shareholder
shall be entitled to make written demand to the corporation,
within sixty days after the date on which such corporate
action was effected, requesting that the corporation petition
for a determination of the fair value by a court. If such a
demand is not timely made on the corporation, the right of
such member or shareholder to demand to be paid the fair
value of his or her membership or shares shall be forfeited.
Within thirty days after receipt of such a written demand
from any dissenting member or shareholder, the corporation
shall, or at its election at any time within ninety days after
the date on which such corporate action was effected may,
file a petition in any court of competent jurisdiction in the
county in this state where the registered office of the
corporation is located praying that the fair value of such
membership or shares be found and determined. If, in the
case of a merger or consolidation, the surviving or new
corporation is a foreign corporation without a registered
office in this state, such petition shall be filed in the county
where the registered office of the domestic corporation was
last located. If the corporation shall fail to institute the
proceeding as herein provided, any dissenting member or
shareholder may do so in the name of the corporation. All
dissenting members and shareholders, wherever residing,
shall be made parties to the proceeding as an action against
their memberships or shares quasi in rem. A copy of the
petition shall be served on each dissenting member and
shareholder who is a resident of this state and shall be
served by registered or certified mail on each dissenting
member or shareholder who is a nonresident. Service on
nonresidents shall also be made by publication as provided
by law. The jurisdiction of the court shall be plenary and
exclusive. All members and shareholders who are parties to
the proceeding shall be entitled to judgment against the
corporation for the amount of the fair value of their shares.
The court may, if it so elects, appoint one or more persons
as appraisers to receive evidence and recommend a decision
on the question of fair value. The appraisers shall have such
power and authority as shall be specified in the order of their
appointment or an amendment thereof. The judgment shall
be payable only upon and concurrently with the surrender to
the corporation of the membership certificate, if any, or of
the certificate or certificates representing such shares. Upon
payment of the judgment, the dissenting shareholder or
member shall cease to have any interest in such shares or
membership.
The judgment shall include an allowance for interest at
such rate as the court may find to be fair and equitable in all
the circumstances, from the date on which the vote was
taken on the proposed corporate action to the date of
payment.
The costs and expenses of any such proceeding shall be
determined by the court and shall be assessed against the
corporation, but all or any part of such costs and expenses
may be apportioned and assessed as the court may deem
equitable against any or all of the dissenting members and
shareholders who are parties to the proceeding to whom the
corporation shall have made an offer to pay for membership
or shares if the court shall find that the action of such
members or shareholders in failing to accept such offer was
arbitrary or vexatious or not in good faith. Such expenses
shall include reasonable compensation for and reasonable
[Title 24 RCW—page 44]
expenses of the appraisers, but shall exclude the fees and
expenses of counsel for and experts employed by any party;
but if the fair value of the memberships or shares as determined materially exceeds the amount which the corporation
offered to pay therefor, or if no offer was made, the court in
its discretion may award to any member or shareholder who
is a party to the proceeding such sum as the court may
determine to be reasonable compensation to any expert or
experts employed by the member or shareholder in the
proceeding.
Within twenty days after demanding payment for his or
her shares or membership, each member and shareholder
demanding payment shall submit the certificate or certificates
representing his or her membership or shares to the corporation for notation thereon that such demand has been made.
His or her failure to do so shall, at the option of the corporation, terminate his or her rights under this section unless a
court of competent jurisdiction, for good and sufficient cause
shown, shall otherwise direct. If membership or shares
represented by a certificate on which notation has been so
made shall be transferred, each new certificate issued
therefor shall bear a similar notation, together with the name
of the original dissenting holder of such membership or
shares, and a transferee of such membership or shares shall
acquire by such transfer no rights in the corporation other
than those which the original dissenting member or shareholder had after making demand for payment of the fair
value thereof. [2001 c 271 § 14; 2000 c 167 § 11; 1969
ex.s. c 120 § 50.]
24.06.255 Payment of fair value to dissenting
member or shareholder. Notwithstanding any provision in
this chapter for the payment of fair value to a dissenting
member or shareholder, (1) the articles of incorporation may
provide that a dissenting member or shareholder shall be
limited to a return of a lesser amount, but in no event shall
a dissenting member or shareholder be limited to a return of
less than the consideration paid to the corporation for the
membership or shares which he or she holds unless the fair
value of the membership or shares is less than the consideration paid to the corporation, and (2) the fair value payable
to a dissenting member of a consumer cooperative shall be
a fixed amount equal to the consideration paid to the
corporation for the member’s current membership unless the
articles of incorporation expressly provide for a greater or
lesser amount. [2001 c 271 § 15; 1969 ex.s. c 120 § 51.]
24.06.260 Voluntary dissolution. A corporation may
dissolve and wind up its affairs in the following manner:
(1) The board of directors shall adopt a resolution
recommending that the corporation be dissolved, and
directing that the question of such dissolution be submitted
to a vote at a meeting of members and shareholders which
may be either an annual or a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of such meeting is to consider the
advisability of dissolving the corporation shall be given to
each member and shareholder within the time and in the
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
manner provided in this chapter for the giving of notice of
meetings of members and shareholders.
(3) A resolution to dissolve the corporation shall be
adopted upon receiving at least two-thirds of the votes which
members and shareholders present in person or by mail or by
electronic transmission at such meeting or represented by
proxy are entitled to cast.
Upon the adoption of such resolution by the members
and shareholders, the corporation shall cease to conduct its
affairs and, except insofar as may be necessary for the
winding up thereof, shall immediately cause a notice of the
proposed dissolution to be mailed to each known creditor of
the corporation and to the department of revenue, and shall
proceed to collect its assets and to apply and distribute them
as provided in RCW 24.06.265. [2000 c 167 § 12; 1982 c
35 § 137; 1969 ex.s. c 120 § 52.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.265 Distribution of assets. The assets of a
corporation in the process of dissolution shall be applied and
distributed as follows:
(1) All liabilities and obligations of the corporation shall
be paid, satisfied and discharged, or adequate provision made
therefor;
(2) Assets held by the corporation upon condition
requiring return, transfer or conveyance, which condition
occurs by reason of the dissolution, shall be returned,
transferred, or conveyed in accordance with such requirements;
(3) Remaining assets, if any shall be distributed to the
members, shareholders or others in accordance with the
provisions of the articles of incorporation. [1969 ex.s. c 120
§ 53.]
24.06.270 Revocation of voluntary dissolution
proceedings. A corporation may, at any time prior to the
issuance of a certificate of dissolution by the secretary of
state, revoke the action theretofore taken to dissolve the
corporation, in the following manner:
(1) The board of directors shall adopt a resolution
recommending that the voluntary dissolution proceedings be
revoked, and directing that the question of such revocation
be submitted to a vote at a meeting of members or shareholders which may be either an annual or a special meeting.
(2) Written or printed notice or, if specifically permitted
by the articles of incorporation or bylaws of the corporation,
notice by electronic transmission, stating that the purpose or
one of the purposes of the meeting is to consider the
advisability of revoking the voluntary dissolution proceedings
shall be given to each member and shareholder within the
time and in the manner provided in this chapter for the
giving of notice of meetings of members or shareholders.
(3) A resolution to revoke voluntary dissolution proceedings shall be adopted upon receiving at least two-thirds
of the votes which members and shareholders present in
person or by mail or by electronic transmission at such
meeting or represented by proxy are entitled to cast. [2000
c 167 § 13; 1969 ex.s. c 120 § 54.]
(2002 Ed.)
24.06.260
24.06.275 Articles of dissolution. If voluntary
dissolution proceedings have not been revoked, then after all
debts, liabilities and obligations of the corporation shall have
been paid and discharged, or adequate provision shall have
been made therefor, and all of the remaining property and
assets of the corporation shall have been transferred, conveyed or distributed in accordance with the provisions of this
chapter, articles of dissolution shall be executed in duplicate
by the corporation, by an officer of the corporation; and such
statement shall set forth:
(1) The name of the corporation.
(2) The date of the meeting of members or shareholders
at which the resolution to dissolve was adopted, certifying
that:
(a) A quorum was present at such meeting;
(b) Such resolution received at least two-thirds of the
votes which members and shareholders present in person or
by mail or by electronic transmission at such meeting or
represented by proxy were entitled to cast or was adopted by
a consent in writing signed by all members and shareholders;
(c) All debts, obligations, and liabilities of the corporation have been paid and discharged or that adequate provision has been made therefor;
(d) All the remaining property and assets of the corporation have been transferred, conveyed or distributed in
accordance with the provisions of this chapter;
(e) There are no suits pending against the corporation in
any court or, if any suits are pending against it, that adequate
provision has been made for the satisfaction of any judgment, order or decree which may be entered; and
(f) A copy of a revenue clearance certificate issued
pursuant to chapter 82.32 RCW. [2000 c 167 § 14; 1993 c
356 § 17; 1982 c 35 § 138; 1969 ex.s. c 120 § 55.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.280 Filing of articles of dissolution. Duplicate
originals of articles of dissolution shall be delivered to the
secretary of state. If the secretary of state finds that such
articles of dissolution conform to law, he or she shall, when
all requirements have been met as prescribed in this chapter:
(1) Endorse on each of such originals the word "filed",
and the effective date of the filing thereof.
(2) File one of the originals in his or her office.
(3) Issue a certificate of dissolution which he or she
shall affix to one of such originals.
The certificate of dissolution, together with the original
of the articles of dissolution affixed thereto by the secretary
of state, shall be returned to the representative of the
dissolved corporation and shall be retained with the corporation minutes.
Upon the filing of the articles of dissolution, the
corporate existence shall cease, except for the purpose of
determining such suits, other proceedings and appropriate
corporate action by members, directors and officers as are
authorized in this chapter. [1982 c 35 § 139; 1981 c 302 §
9; 1969 ex.s. c 120 § 56.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
[Title 24 RCW—page 45]
24.06.285
Title 24 RCW: Corporations and Associations
24.06.285 Involuntary dissolution. A corporation
may be dissolved by decree of the superior court in an action
filed on petition of the attorney general upon a showing that:
(1) The corporation procured its articles of incorporation
through fraud; or
(2) The corporation has continued to exceed or abuse
the authority conferred upon it by law. [1982 c 35 § 140;
1969 ex.s. c 120 § 57.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.290 Proceedings for involuntary dissolution—
Rights, duties, and remedies—Penalties—Fee set by rule.
Failure of the corporation to file its annual report within the
time required shall not derogate from the rights of its
creditors, or prevent the corporation from being sued and
from defending lawsuits, nor shall it release the corporation
from any of the duties or liabilities of a corporation under
law.
A corporation shall be dissolved by the secretary of
state upon the conditions prescribed in this section when the
corporation:
(1) Has failed to file or complete its annual report
within the time required by law;
(2) Has failed for thirty days to appoint or maintain a
registered agent in this state; or
(3) Has failed for thirty days, after change of its registered agent or registered office, to file in the office of the
secretary of state a statement of such change.
A corporation shall not be dissolved under this section
unless the secretary of state has given the corporation not
less than sixty days’ notice of its delinquency or omission,
by first class mail, postage prepaid, addressed to the registered office, or, if there is no registered office, to the last
known address of any officer or director as shown by the
records of the secretary of state, and unless the corporation
has failed to correct the omission or delinquency before
expiration of the sixty-day period.
When a corporation has given cause for dissolution
under this section, and has failed to correct the delinquency
or omission as provided in this section, the secretary of state
shall dissolve the corporation by issuing a certificate of
involuntary dissolution containing a statement that the
corporation has been dissolved and the date and reason for
which it was dissolved. The original certificate of involuntary dissolution shall be filed in the records of the secretary
of state, and a copy of the certificate shall forthwith be
mailed to the corporation at its registered office or, if there
is no registered office, to the last known address of the
corporation or any officer, director, or incorporator of the
corporation, as shown by the records of the secretary of
state. Upon the filing of the certificate of involuntary
dissolution, the existence of the corporation shall cease,
except as otherwise provided in this chapter, and its name
shall be available to and may be adopted by another corporation after the dissolution.
A corporation which has been dissolved by operation of
this section may be reinstated within a period of three years
following its dissolution if it completes and files a current
annual report for the current reinstatement year or it appoints
or maintains a registered agent, or files a required statement
of change of registered agent or registered office and in
[Title 24 RCW—page 46]
addition pays the reinstatement fee as set by rule by the
secretary of state, plus the full amount of all annual fees that
would have been assessed for the years of administrative
dissolution had the corporation been in active status, including the reinstatement year plus any penalties as established by rule by the secretary of state. If during the period
of dissolution another person or corporation has reserved or
adopted a corporate name which is identical or deceptively
similar to the dissolved corporation’s name, the dissolved
corporation seeking reinstatement shall be required to adopt
another name consistent with the requirements of this chapter
and to amend its articles accordingly. When a corporation
has been dissolved by operation of this section, remedies
available to or against it shall survive in the manner provided by RCW 24.06.335 and thereafter the directors of the
corporation shall hold title to the property of the corporation
as trustees for the benefit of its creditors and shareholders.
[1994 c 287 § 10; 1993 c 356 § 18; 1982 c 35 § 141; 1973
c 70 § 1; 1969 ex.s. c 120 § 58.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.293 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 3.]
24.06.295 Venue and process. Every action for the
involuntary dissolution of a corporation shall be commenced
by the attorney general either in the superior court of the
county in which the registered office of the corporation is
situated, or in the superior court of Thurston county.
Summons shall issue and be served as in other civil actions.
If process is returned not found, the attorney general shall
cause publication to be made as in other civil cases in a
newspaper published in the county where the registered
office of the corporation is situated, notifying the corporation
of the pendency of such action, the title of the court, the title
of the action, the date on or after which default may be
entered, giving the corporation thirty days within which to
appear, answer, and defend. The attorney general may
include in one notice the names of any number of corporations against which actions are then pending in the same
court. The attorney general shall cause a copy of such
notice to be mailed by certified mail to the corporation at its
registered office within ten days after the first publication
thereof. The certificate of the attorney general of the
mailing of such notice shall be prima facie evidence thereof.
Such notice shall be published at least once each week for
two successive weeks, and the first publication thereof may
begin at any time after the summons has been returned not
found. Unless a corporation shall have been personally
served with summons, no default shall be taken against it
less than thirty days from the first publication of such notice.
[1969 ex.s. c 120 § 59.]
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.300 Jurisdiction of court to liquidate assets
and dissolve corporation. The superior court shall have
full power to liquidate the assets and to provide for the
dissolution of a corporation when:
(1) In any action by a member, shareholder or director
it is made to appear that:
(a) The directors are deadlocked in the management of
the corporate affairs and that irreparable injury to the
corporation is being suffered or is threatened by reason
thereof, and that the members or shareholders are unable to
break the deadlock; or
(b) The acts of the directors or those in control of the
corporation are illegal, oppressive, or fraudulent; or
(c) The corporate assets are being misapplied or wasted;
or
(d) The corporation is unable to carry out its purposes;
or
(e) The shareholders have failed, for a period which
includes at least two consecutive annual meeting dates, to
elect successors to directors whose terms have expired or
would have expired upon the election of their successors.
(2) In an action by a creditor:
(a) The claim of the creditor has been reduced to
judgment and an execution thereon has been returned
unsatisfied, and it is established that the corporation is
insolvent; or
(b) The corporation has admitted in writing that the
claim of the creditor is due and owing, and it is established
that the corporation is insolvent.
(3) A corporation applies to have its dissolution continued under the supervision of the court.
(4) An action has been filed by the attorney general to
dissolve the corporation and it is established that liquidation
of its affairs should precede the entry of a decree of dissolution.
Proceedings under subsections (1), (2) or (3) of this
section shall be brought in the county in which the registered
office or the principal office of the corporation is situated.
It shall not be necessary to make directors, members or
shareholders party to any such action or proceedings unless
relief is sought against them personally. [1969 ex.s. c 120
§ 60.]
24.06.305 Procedure in liquidation of corporation
in court. (1) In proceedings to liquidate the assets and
affairs of a corporation the court shall have the power to:
(a) Issue injunctions;
(b) Appoint a receiver or receivers pendente lite, with
such powers and duties as the court may, from time to time,
direct;
(c) Take such other proceedings as may be requisite to
preserve the corporate assets wherever situated; and
(d) Carry on the affairs of the corporation until a full
hearing can be had.
After a hearing had upon such notice as the court may
direct to be given to all parties to the proceedings, and to
any other parties in interest designated by the court, the court
may appoint a receiver with authority to collect the assets of
the corporation. Such receiver shall have authority, subject
to the order of the court, to sell, convey and dispose of all
or any part of the assets of the corporation wherever situat(2002 Ed.)
24.06.300
ed, either at public or private sale. The order appointing
such receiver shall state his powers and duties. Such powers
and duties may be increased or diminished at any time
during the proceedings.
(2) The assets of the corporation or the proceeds
resulting from the sale, conveyance, or other disposition
thereof shall be applied and distributed as follows:
(a) All costs and expenses of the court proceedings, and
all liabilities and obligations of the corporation shall be paid,
satisfied and discharged, or adequate provision made
therefor;
(b) Assets held by the corporation upon condition
requiring return, transfer, or conveyance, which condition
occurs by reason of the dissolution or liquidation, shall be
returned, transferred or conveyed in accordance with such
requirements;
(c) Remaining assets, if any, shall be distributed to the
members, shareholders or others in accordance with the
provisions of the articles of incorporation.
(3) The court shall have power to make periodic
allowances, as expenses of the liquidation and compensation
to the receivers and attorneys in the proceeding accrue, and
to direct the payment thereof from the assets of the corporation or from the proceeds of any sale or disposition of such
assets.
A receiver appointed under the provisions of this section
shall have authority to sue and defend in all courts in his
own name, as receiver of such corporation. The court
appointing such receiver shall have exclusive jurisdiction of
the corporation and its property, wherever situated. [1969
ex.s. c 120 § 61.]
24.06.310 Qualifications of receivers—Bond. A
receiver shall in all cases be a citizen of the United States or
a corporation for profit authorized to act as receiver, which
corporation may be a domestic corporation or a foreign
corporation authorized to transact business in this state, and
shall in all cases give such bond as the court may direct with
such sureties as the court may require. [1969 ex.s. c 120 §
62.]
24.06.315 Filing of claims in liquidation proceedings. In proceedings to liquidate the assets and affairs of a
corporation the court may require all creditors of the
corporation to file with the clerk of the court or with the
receiver, in such form as the court may prescribe, proofs
under oath of their respective claims. If the court requires
the filing of claims it shall fix a date, which shall be not less
than four months from the date of the order, as the last day
for the filing of claims, and shall prescribe the notice that
shall be given to creditors and claimants of the date so fixed.
Prior to the date so fixed, the court may extend the time for
the filing of claims. Creditors and claimants failing to file
proofs of claim on or before the date so fixed may be
barred, by order of court, from participating in the distribution of the assets of the corporation. [1969 ex.s. c 120 §
63.]
24.06.320 Discontinuance of liquidation proceedings. The liquidation of the assets and affairs of a corporation may be discontinued at any time during the liquidation
[Title 24 RCW—page 47]
24.06.320
Title 24 RCW: Corporations and Associations
proceedings when it is established that cause for liquidation
no longer exists. In such event the court shall dismiss the
proceedings and direct the receiver to redeliver to the
corporation all its remaining property and assets. [1969 ex.s.
c 120 § 64.]
24.06.325 Decree of involuntary dissolution. In
proceedings to liquidate the assets and affairs of a corporation, when the costs and expenses of such proceedings and
all debts, obligations, and liabilities of the corporation shall
have been paid and discharged and all of its remaining
property and assets distributed in accordance with the
provisions of this chapter, or in case its property and assets
are not sufficient to satisfy and discharge such costs,
expenses, debts, and obligations, and all the property and
assets have been applied so far as they will go to their
payment, the court shall enter a decree dissolving the
corporation, whereupon the corporate existence shall cease.
[1969 ex.s. c 120 § 65.]
24.06.330 Filing of decree of dissolution. In case the
court shall enter a decree dissolving a corporation, it shall be
the duty of the court clerk to cause a certified copy of the
decree to be filed with the secretary of state. No fee shall
be charged by the secretary of state for the filing thereof.
[1969 ex.s. c 120 § 66.]
24.06.335 Survival of remedies after dissolution.
The dissolution of a corporation whether (1) by the filing
and issuance of a certificate of dissolution, voluntary or
involuntary, by the secretary of state, or (2) by a decree of
court when the court has not liquidated the assets and affairs
of the corporation as provided in this chapter, or (3) by
expiration of its period of duration, shall not take away or
impair any remedy available to or against such corporation,
its directors, officers, members, or shareholders, for any right
or claim existing, or any liability incurred, prior to such
dissolution if action or other proceeding thereon is commenced within two years from the date of dissolution. Any
such action or proceeding by or against the corporation may
be prosecuted or defended by the corporation in its corporate
name and capacity. The members, shareholders, directors,
and officers shall have power to take such corporate or other
action as shall be appropriate to protect any remedy, right,
or claim. If the corporation was dissolved by the expiration
of its period of duration, such corporation may amend its
articles of incorporation at any time during the two years following dissolution, in order to extend its period of duration.
If, during the period of dissolution, another person or
corporation has reserved or adopted a corporate name which
is identical to or deceptively similar to the dissolved
corporation’s name, the corporation extending its period of
duration shall be required to adopt another name consistent
with the requirements of this chapter and to amend its
articles of incorporation accordingly. The corporation shall
also pay to the state all fees and penalties which would
otherwise have been due if the corporate charter had not
expired, plus a reinstatement fee of twenty-five dollars.
[1982 c 35 § 142; 1969 ex.s. c 120 § 67.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
[Title 24 RCW—page 48]
24.06.340 Admission of foreign corporation. (1) No
foreign corporation shall have the right to conduct affairs in
this state until it shall have procured a certificate of authority
from the secretary of state to do so. No foreign corporation
shall be entitled to procure a certificate of authority under
this chapter to conduct in this state any affairs which a
corporation organized under this chapter is not permitted to
conduct: PROVIDED, That no foreign corporation shall be
denied a certificate of authority by reason of the fact that the
laws of the state or country under which such corporation is
organized governing its organization and internal affairs
differ from the laws of this state: PROVIDED FURTHER,
That nothing in this chapter contained shall be construed to
authorize this state to regulate the organization or the
internal affairs of such corporation.
(2) Without excluding other activities not constituting
the conduct of affairs in this state, a foreign corporation
shall, for purposes of this chapter, not be considered to be
conducting affairs in this state by reason of carrying on in
this state any one or more of the following activities:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the
settlement thereof, or the settlement of claims or disputes.
(b) Holding meetings of its directors, members, or
shareholders, or carrying on other activities concerning its
internal affairs.
(c) Maintaining bank accounts.
(d) Creating evidences of debt, mortgages or liens on
real or personal property.
(e) Securing or collecting debts due to it or enforcing
any rights in property securing the same. [1969 ex.s. c 120
§ 68.]
24.06.345 Powers and duties, etc., of foreign
corporation. A foreign corporation which shall have
received a certificate of authority under this chapter shall,
until a certificate of revocation or of withdrawal shall have
been issued as provided in this chapter, enjoy the same but
no greater rights and privileges as a domestic corporation
organized for the purposes set forth in the application
pursuant to which such certificate of authorization is issued,
and shall be subject to the same duties, restrictions, penalties
and liabilities now or hereafter imposed upon a domestic
corporation of like character. [1969 ex.s. c 120 § 69.]
24.06.350 Corporate name of foreign corporation.
No certificate of authority shall be issued to a foreign
corporation unless the corporate name of such corporation
complies with the provisions of RCW 24.06.045. However,
a foreign corporation applying for a certificate of authority
may file with the secretary of state a resolution of its board
of directors adopting a fictitious name for use in transacting
business in this state, if the fictitious name complies with
RCW 24.06.045. [1982 c 35 § 143; 1969 ex.s. c 120 § 70.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Registration of corporate name: RCW 24.06.047.
Reservation of exclusive right to use corporate name: RCW 24.06.046.
24.06.355 Change of name by foreign corporation.
Whenever a foreign corporation which is authorized to
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
conduct affairs in this state shall change its name to one
under which a certificate of authority would not be granted
to it on application therefor, the certificate of authority of
such corporation shall be suspended and it shall not thereafter conduct any affairs in this state until it has changed its
name to a name which is available to it under the laws of
this state. [1969 ex.s. c 120 § 71.]
24.06.360 Certificate of authority—Application for,
contents. A foreign corporation, in order to procure a
certificate of authority to conduct affairs in this state, shall
make application therefor to the secretary of state, which
application shall set forth:
(1) The name of the corporation and the state or country
under the laws of which it is incorporated.
(2) The date of incorporation and the period of duration
of the corporation.
(3) The address of the principal office of the corporation
in the state or country under the laws of which it is incorporated.
(4) The address of the proposed registered office of the
corporation in this state, and the name of its proposed
registered agent in this state at such address.
(5) For the purpose or purposes of the corporation
which it proposes to pursue in conducting its affairs in this
state.
(6) The names and respective addresses of the directors
and officers of the corporation.
(7) Such additional information as may be necessary or
appropriate in order to enable the secretary of state to
determine whether such corporation is entitled to a certificate
of authority to conduct affairs in this state. [1989 c 307 §
38; 1982 c 45 § 2; 1969 ex.s. c 120 § 72.]
Legislative finding—1989 c 307: See note following RCW
23.86.007.
Application—1989 c 307: See RCW 23.86.900.
24.06.365 Filing of application for certificate of
authority—Issuance. Duplicate originals of the application
of the corporation for a certificate of authority shall be
delivered to the secretary of state together with a certificate
of good standing which has been issued within the previous
sixty days and certified to by the proper officer of the state
or county under the laws of which it is incorporated.
If the secretary of state finds that such application conforms to law, he or she shall, when all fees have been paid
as prescribed in this chapter:
(1) Endorse on each of such documents the word
"filed", and the effective date thereof.
(2) File in his or her office one of such duplicate
originals of the application and the copy of the articles of
incorporation and amendments thereto.
(3) Issue a certificate of authority to conduct affairs in
this state to which the other duplicate original application
shall be affixed.
The certificate of authority, together with the duplicate
original of the application affixed thereto by the secretary of
state, shall be returned to the corporation or its representative. [1982 c 35 § 144; 1969 ex.s. c 120 § 73.]
24.06.355
24.06.367 Certificate of authority as insurance
company—Filing of documents. For those corporations
that have a certificate of authority, are applying for, or
intend to apply for a certificate of authority from the
insurance commissioner as an insurance company under
chapter 48.05 RCW, whenever under this chapter corporate
documents are required to be filed with the secretary of
state, the documents shall be filed with the insurance
commissioner rather than the secretary of state. [1998 c 23
§ 14.]
24.06.369 Certificate of authority as insurance
company—Registration or reservation of name. For those
corporations that intend to apply for a certificate of authority
from the insurance commissioner as an insurance company
under chapter 48.05 RCW, whenever under this chapter a
corporation may register or reserve a corporate name, the
registration or reservation shall be filed with the insurance
commissioner rather than the secretary of state. The
secretary of state and insurance commissioner shall cooperate
with each other in registering or reserving a corporate name
so that there is no duplication of the name. [1998 c 23 §
15.]
24.06.370 Effect of filing application for certificate
of authority. Upon the filing of the application for certificate of authority by the secretary of state, the corporation
shall be authorized to conduct affairs in this state for those
purposes set forth in its application: PROVIDED, That the
state may suspend or revoke such authority as provided in
this chapter for revocation and suspension of domestic
corporation franchises. [1982 c 35 § 145; 1969 ex.s. c 120
§ 74.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.375 Registered office and registered agent of
foreign corporation. Every foreign corporation authorized
to conduct affairs in this state shall have and continuously
maintain in this state:
(1) A registered office which may but need not be the
same as its principal office.
(2) A registered agent, who may be:
(a) An individual resident of this state whose business
office is identical with the registered office; or
(b) A domestic corporation organized under any law of
this state; or
(c) A foreign corporation authorized under any law of
this state to transact business or conduct affairs in this state,
having an office identical with the registered office. [1969
ex.s. c 120 § 75.]
24.06.380 Change of registered office or registered
agent of foreign corporation. A foreign corporation
authorized to conduct affairs in this state may change its
registered office or change its registered agent, or both, upon
filing in the office of the secretary of state in a form
approved by the secretary of state a statement setting forth:
(1) The name of the corporation.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2002 Ed.)
[Title 24 RCW—page 49]
24.06.380
Title 24 RCW: Corporations and Associations
(2) If the address of the current registered office is to be
changed, such new address.
(3) If the current registered agent is to be changed, the
name of the new registered agent.
(4) That the address of its registered office and the
address of the office of its registered agent, as changed, will
be identical.
Such statement shall be executed by the corporation, by
an officer of the corporation, and delivered to the secretary
of state, together with a written consent of the registered
agent to his or its appointment, if applicable. If the secretary
of state finds that such statement conforms to the provisions
of this chapter, he or she shall file such statement in his or
her office, and upon such filing the change of address of the
registered office, or the appointment of a new registered
agent, or both, as the case may be, shall become effective.
If a registered agent changes his or her business address
to another place within the state, the registered agent may
change such address and the address of the registered office
of any corporation of which the registered agent is registered
agent by filing a statement as required by this section, except
that it need be signed only by the registered agent, it need
not be responsive to subsection (3) of this section, and it
shall recite that a copy of the statement has been mailed to
the corporation. [1993 c 356 § 19; 1982 c 35 § 146; 1969
ex.s. c 120 § 76.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.385 Resignation of registered agent. Any
registered agent in this state appointed by a foreign corporation may resign as such agent upon filing a written notice
thereof, executed in duplicate, with the secretary of state,
who shall forthwith mail a copy thereof to the foreign
corporation at its principal office in the state or country
under the laws of which it is incorporated as shown by its
most recent annual report. The appointment of such agent
shall terminate upon the expiration of thirty days after
receipt of such notice by the secretary of state. [1969 ex.s.
c 120 § 77.]
24.06.390 Service of process upon registered agent.
The registered agent so appointed by a foreign corporation
authorized to conduct affairs in this state shall be an agent
of such corporation upon whom any process, notice or
demand required or permitted by law to be served upon the
corporation may be served. [1969 ex.s. c 120 § 78.]
24.06.395 Service of process upon secretary of state.
Whenever a foreign corporation authorized to conduct affairs
in this state shall fail to appoint or maintain a registered
agent in this state, or whenever any such registered agent
cannot with reasonable diligence be found at the registered
office, or whenever the certificate of authority of a foreign
corporation shall be suspended or revoked, then the secretary
of state shall be an agent of such corporation upon whom
any such process, notice, or demand may be served. Service
on the secretary of state of any such process, notice, or
demand shall be made by delivering to and leaving with the
secretary of state, or with any duly authorized clerk of the
[Title 24 RCW—page 50]
corporation department of the secretary of state’s office,
duplicate copies of such process, notice or demand. In the
event any such process, notice or demand is served on the
secretary of state, the secretary of state shall immediately
cause one of such copies thereof to be forwarded by certified
mail, addressed to the corporation at its principal office in
the state or country under the laws of which it is incorporated. Any service so had on the secretary of state shall be
returnable in not less than thirty days.
The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state
under this action, and shall record therein the time of such
service and his or her action with reference thereto: PROVIDED, That nothing contained in this section shall limit or
affect the right to serve any process, notice or demand,
required or permitted by law to be served upon a corporation
in any other manner now or hereafter permitted by law.
[1982 c 35 § 147; 1969 ex.s. c 120 § 79.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.400 Amendment to articles of incorporation
of foreign corporation. Whenever the articles of incorporation of a foreign corporation authorized to conduct affairs in
this state are amended, such foreign corporation shall, within
thirty days after such amendment becomes effective, file in
the office of the secretary of state a copy of such amendment
duly authenticated by the proper officer designated under the
laws of the state or country in which it is incorporated:
PROVIDED, That the filing thereof shall not of itself
enlarge or alter the purpose or purposes for which such
corporation is authorized to pursue in conducting its affairs
in this state, nor authorize such corporation to conduct
affairs in this state under any other name than the name set
forth in its certificate of authority. [1969 ex.s. c 120 § 80.]
24.06.405 Merger of foreign corporation authorized
to conduct affairs in this state. Whenever a foreign
corporation authorized to conduct affairs in this state shall be
a party to a statutory merger permitted by the laws of the
state or country under which it is incorporated, and such
corporation shall be the surviving corporation, it shall, within
thirty days after such merger becomes effective, file with the
secretary of state a copy of the articles of merger duly
authenticated by the proper officer designated under the laws
of the state or country in which such statutory merger was
effected; and it shall not be necessary for such corporation
to procure either a new or amended certificate of authority
to conduct affairs in this state unless the name of such
corporation be changed thereby or unless the corporation
desires to pursue in this state other or additional purposes
than those which it is then authorized to pursue in this state.
[1969 ex.s. c 120 § 81.]
24.06.410 Amended certificate of authority. A
foreign corporation authorized to conduct affairs in this state
shall apply for an amended certificate of authority in the
event that it wishes to change its corporate name, or desires
to pursue in this state purposes other or additional to those
set forth in its initial application for a certificate of authority.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
The requirements with respect to the form and content
of such application, the manner of its execution, the filing,
the issuance of an amended certificate of authority, and the
effect thereof shall be the same as in the case of an original
application for a certificate of authority. [1969 ex.s. c 120
§ 82.]
24.06.415 Withdrawal of foreign corporation. A
foreign corporation authorized to conduct affairs in this state
may withdraw from this state upon procuring from the
secretary of state a certificate of withdrawal. In order to
procure such certificate of withdrawal, the foreign corporation shall deliver to the secretary of state an application for
withdrawal, which shall set forth:
(1) The name of the corporation and the state or country
under whose laws it is incorporated.
(2) A declaration that the corporation is not conducting
affairs in this state.
(3) A surrender of its authority to conduct affairs in this
state.
(4) A notice that the corporation revokes the authority
of its registered agent in this state to accept service of
process and consents that service of process in any action,
suit or proceeding, based upon any cause of action arising in
this state during the time the corporation was authorized to
conduct affairs in this state, may thereafter be made upon
such corporation by service thereof on the secretary of state.
(5) A copy of the revenue clearance certificate issued
pursuant to chapter 82.32 RCW.
(6) A post office address to which the secretary of state
may mail a copy of any process that may be served on the
secretary of state as agent for the corporation.
The application for withdrawal shall be made on forms
prescribed and furnished by the secretary of state and shall
be executed by the corporation, by one of the officers of the
corporation, or, if the corporation is in the hands of a
receiver or trustee, shall be executed on behalf of the
corporation by such receiver or trustee. [1993 c 356 § 20;
1982 c 35 § 148; 1969 ex.s. c 120 § 83.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.420 Filing of application for withdrawal—
Issuance of certificate of withdrawal. Duplicate originals
of an application for withdrawal shall be delivered to the
secretary of state. If the secretary of state finds that such
application conforms to the provisions of this chapter, the
secretary of state shall, when all requirements have been met
as prescribed in this chapter:
(1) Endorse on each of such duplicate originals the word
"filed", and the effective date of the filing thereof.
(2) File one of such duplicate originals.
(3) Issue a certificate of withdrawal to which the other
duplicate original shall be fixed.
The certificate of withdrawal, together with the duplicate
original of the application for withdrawal affixed thereto by
the secretary of state, shall be returned to the corporation or
its representative. Upon the filing of such application of
withdrawal, the authority of the corporation to conduct
(2002 Ed.)
24.06.410
affairs in this state shall cease. [1982 c 35 § 149; 1969 ex.s.
c 120 § 84.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.425 Revocation of certificate of authority. (1)
The certificate of authority of a foreign corporation to
conduct affairs in this state may be revoked by the secretary
of state upon the conditions prescribed in this section when:
(a) The corporation has failed to file its annual report
within the time required by this chapter or has failed to pay
any fees or penalties prescribed by this chapter as they
become due and payable; or
(b) The corporation has failed for thirty days to appoint
and maintain a registered agent in this state as required by
this chapter; or
(c) The corporation has failed, for thirty days after
change of its registered agent or registered office, to file in
the office of the secretary of state a statement of such
change as required by this chapter; or
(d) The corporation has failed to file in the office of the
secretary of state any amendment to its articles of incorporation or any articles of merger within the time prescribed by
this chapter; or
(e) The certificate of authority of the corporation was
procured through fraud practiced upon the state; or
(f) The corporation has continued to exceed or abuse the
authority conferred upon it by this chapter; or
(g) A misrepresentation has been made as to any
material matter in any application, report, affidavit, or other
document, submitted by such corporation pursuant to this
chapter.
(2) No certificate of authority of a foreign corporation
shall be revoked by the secretary of state unless the secretary
of state shall have given the corporation not less than sixty
days’ notice thereof by first class mail addressed to its
registered office in this state, or, if there is no registered
office, to the last known address of any officer or director of
the corporation as shown by the records of the secretary of
state, and the corporation shall have failed prior to revocation to (a) file such annual report, (b) pay such fees or
penalties, (c) file the required statement of change of
registered agent or registered office, (d) file such articles of
amendment or articles of merger, or (e) correct any delinquency, omission, or material misrepresentation in its
application, report, affidavit, or other document. [1982 c 35
§ 150; 1969 ex.s. c 120 § 85.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.430 Issuance and filing of certificate of
revocation—Effect. Upon revoking any certificate of
authority under RCW 24.06.425, the secretary of state shall:
(1) Issue a certificate of revocation in duplicate.
(2) File one of such certificates.
(3) Mail to such corporation at its registered office in
this state a notice of such revocation accompanied by one of
the two certificates of revocation.
Upon filing of the certificate of revocation, the corporate
authority to conduct affairs in this state shall cease. [1982
c 35 § 151; 1969 ex.s. c 120 § 86.]
[Title 24 RCW—page 51]
24.06.430
Title 24 RCW: Corporations and Associations
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.433 Foreign corporations—Application for
reinstatement. (1) A corporation revoked under RCW
24.06.425 may apply to the secretary of state for reinstatement within three years after the effective date of revocation.
An application filed within such three-year period may be
amended or supplemented and any such amendment or
supplement shall be effective as of the date of original filing.
The application filed under this section shall be filed under
and by authority of an officer of the corporation.
(2) The application shall:
(a) State the name of the corporation and, if applicable,
the name the corporation had elected to use in this state at
the time of revocation, and the effective date of its revocation;
(b) Provide an explanation to show that the grounds for
revocation either did not exist or have been eliminated;
(c) State the name of the corporation at the time of reinstatement and, if applicable, the name the corporation elects
to use in this state at the time of reinstatement which may be
reserved under RCW 24.06.046;
(d) Appoint a registered agent and state the registered
office address under RCW 24.06.375; and
(e) Be accompanied by payment of applicable fees and
penalties.
(3) If the secretary of state determines that the application conforms to law, and that all applicable fees have been
paid, the secretary of state shall cancel the certificate of
revocation, prepare and file a certificate of reinstatement, and
mail a copy of the certificate of reinstatement to the corporation.
(4) Reinstatement under this section relates back to and
takes effect as of the date of revocation. The corporate
authority shall be deemed to have continued without interruption from that date.
(5) In the event the application for reinstatement states
a corporate name that the secretary of state finds to be
contrary to the requirements of RCW 24.06.046, the application, amended application, or supplemental application shall
be amended to adopt another corporate name that is in
compliance with RCW 24.06.046. In the event the reinstatement application so adopts a new corporate name for use in
Washington, the application for authority shall be deemed to
have been amended to change the corporation’s name to the
name so adopted for use in Washington, effective as of the
effective date of the certificate of reinstatement. [1993 c
356 § 21.]
Effective date—1993 c 356: See note following RCW 24.03.046.
24.06.435 Conducting affairs without certificate of
authority. No foreign corporation conducting affairs in this
state without a certificate of authority shall be permitted to
maintain any action, suit, or proceeding in any court of this
state until such corporation shall have obtained a certificate
of authority. Nor shall any action, suit or proceeding be
maintained in any court of this state by any successor or
assignee of such corporation on any right, claim, or demand
arising out of the conduct of affairs by such corporation in
this state until a certificate of authority shall have been
obtained by the corporation or by a valid corporation which
[Title 24 RCW—page 52]
has (1) acquired all or substantially all of its assets and (2)
assumed all of its liabilities: PROVIDED, That the failure
of a foreign corporation to obtain a certificate of authority to
conduct affairs in this state shall not impair the substantive
validity of any contract or act of such corporation, and shall
not prevent such corporation from defending any action, suit
or proceeding in any court of this state under such terms and
conditions as a court may find just. [1969 ex.s. c 120 § 87.]
24.06.440 Annual or biennial report of domestic
and foreign corporations. Each domestic corporation, and
each foreign corporation authorized to conduct affairs in this
state, shall file, within the time prescribed by this chapter, an
annual or biennial report, established by the secretary of
state by rule, in the form prescribed by the secretary of state
setting forth:
(1) The name of the corporation and the state or country
under whose laws it is incorporated.
(2) The address of the registered office of the corporation in this state, including street and number, the name of
its registered agent in this state at such address, and, in the
case of a foreign corporation, the address of its principal
office in the state or country under whose laws it is incorporated.
(3) A brief statement of the character of the affairs in
which the corporation is engaged, or, in the case of a foreign
corporation, engaged in this state.
(4) The names and respective addresses of the directors
and officers of the corporation.
(5) The corporation’s unified business identifier number.
The information shall be given as of the date of the
execution of the report. It shall be executed by the corporation by an officer of the corporation, or, if the corporation is
in the hands of a receiver or trustee, it shall be executed on
behalf of the corporation by such receiver or trustee.
The secretary of state may by rule adopted under
chapter 34.05 RCW provide that correction or updating of
information appearing on previous annual or biennial filings
is sufficient to constitute the current filing. [1993 c 356 §
22; 1982 c 35 § 152; 1969 ex.s. c 120 § 88.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.445 Filing of annual or biennial report of
domestic and foreign corporations. An annual or biennial
report of each domestic or foreign corporation shall be delivered to the secretary of state between the first day of January
and the first day of March of each year or on such annual or
biennial renewal date as the secretary of state may establish.
The secretary of state may adopt rules to establish biennial
reporting dates and to stagger reporting dates. Proof to the
satisfaction of the secretary of state that the report was
deposited in the United States mails, in a sealed envelope,
properly addressed to the secretary of state, with postage
prepaid thereon, prior to the corporation’s annual or biennial
renewal date, shall be deemed compliance with this requirement.
If the secretary of state finds that a report substantially
conforms to the requirements of this chapter, the secretary of
state shall file the same.
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
Failure of the secretary of state to mail any such notice
shall not relieve a corporation from its obligation to file the
annual reports required by this chapter. [1993 c 356 § 23;
1982 c 35 § 153; 1973 c 146 § 1; 1969 ex.s. c 120 § 89.]
Effective date—1993 c 356: See note following RCW 24.03.046.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.450 Fees for filing documents and issuing
certificates. (1) The secretary of state shall charge and
collect for:
(a) Filing articles of incorporation, thirty dollars.
(b) Filing an annual report, ten dollars.
(c) Filing an application of a foreign corporation for a
certificate of authority to conduct affairs in this state, thirty
dollars.
(2) The secretary of state shall establish by rule, fees for
the following:
(a) Filing articles of amendment or restatement.
(b) Filing articles of merger or consolidation.
(c) Filing a statement of change of address of registered
office or change of registered agent, or revocation, resignation, or any combination of these. A separate fee for filing
such statement shall not be charged if the statement appears
in an amendment to the articles of incorporation or in
conjunction with the annual report.
(d) Filing articles of dissolution, no fee.
(e) Filing an application of a foreign corporation for an
amended certificate of authority to conduct affairs in this
state.
(f) Filing a copy of an amendment to the articles of
incorporation of a foreign corporation holding a certificate of
authority to conduct affairs in this state.
(g) Filing a copy of articles of merger of a foreign
corporation holding a certificate of authority to conduct
affairs in this state.
(h) Filing an application for withdrawal of a foreign
corporation and issuing a certificate of withdrawal, no fee.
(i) Filing a certificate by a foreign corporation of the
appointment of a registered agent. A separate fee for filing
such certificate shall not be charged if the statement appears
in an amendment to the articles of incorporation or in
conjunction with the annual report.
(j) Filing a certificate by a foreign corporation of the
revocation of the appointment of a registered agent. A
separate fee for filing such certificate shall not be charged if
the statement appears in an amendment to the articles of
incorporation or in conjunction with the annual report.
(k) Filing an application to reserve a corporate name.
(l) Filing a notice of transfer of a reserved corporate
name.
(m) Filing any other statement or report of a domestic
or foreign corporation.
(3) Fees shall be adjusted by rule in an amount that
does not exceed the average biennial increase in the cost of
providing service. This shall be determined in a biennial
cost study performed by the secretary. [1993 c 269 § 7;
1991 c 223 § 2; 1982 c 35 § 154; 1981 c 230 § 6; 1973 c 70
§ 2; 1969 ex.s. c 120 § 90.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Effective date—1991 c 223: See note following RCW 24.03.405.
(2002 Ed.)
24.06.445
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.455 Miscellaneous fees. The secretary of state
shall establish by rule, fees for the following:
(1) For furnishing a certified copy of any charter
document or any other document, instrument, or paper
relating to a corporation;
(2) For furnishing a certificate, under seal, attesting to
the status of a corporation; or any other certificate;
(3) For furnishing copies of any document, instrument,
or paper relating to a corporation; and
(4) At the time of any service of process on the secretary of state as resident agent of any corporation. This
amount may be recovered as taxable costs by the party to the
suit or action causing such service to be made if such party
prevails in the suit or action. [1993 c 269 § 8; 1982 c 35 §
155; 1979 ex.s. c 133 § 3; 1973 c 70 § 3; 1969 ex.s. c 120
§ 91.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Deposit of certain fees recovered under this section in secretary of state’s
revolving fund: RCW 43.07.130.
24.06.460 Disposition of fees. Any money received
by the secretary of state under the provisions of this chapter
shall be deposited forthwith into the state treasury as
provided by law. [1982 c 35 § 156; 1969 ex.s. c 120 § 92.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.462 Fees for services by secretary of state.
See RCW 43.07.120.
24.06.465 Penalties imposed upon corporation—
Penalty established by secretary of state. Each corporation, domestic or foreign, which fails or refuses to file its
annual report for any year within the time prescribed by this
chapter shall be subject to a penalty as established and
assessed by the secretary of state.
Each corporation, domestic or foreign, which fails or
refuses to answer truthfully and fully within the time
prescribed by this chapter any interrogatories propounded by
the secretary of state in accordance with the provisions of
this chapter, shall be deemed to be guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not
to exceed five hundred dollars on each count. [1994 c 287
§ 11; 1969 ex.s. c 120 § 93.]
24.06.470 Penalties imposed upon directors and
officers. Each director and officer of a corporation, domestic or foreign, who fails or refuses within the time prescribed
by this chapter, to answer truthfully and fully any interrogatories propounded to him by the secretary of state in accordance with the provisions of this chapter, or who signs any
articles, statement, report, application, or other document
filed with the secretary of state, which is known to such
officer or director to be false in any material respect, shall
be deemed to be guilty of a misdemeanor, and upon convic-
[Title 24 RCW—page 53]
24.06.470
Title 24 RCW: Corporations and Associations
tion thereof shall be fined in an amount not to exceed five
hundred dollars on each count. [1969 ex.s. c 120 § 94.]
24.06.475 Interrogatories by secretary of state. The
secretary of state may propound to any corporation, domestic
or foreign, subject to the provisions of this chapter, and to
any officer or director thereof such interrogatories as may be
reasonably necessary and proper to enable the secretary of
state to ascertain whether such corporation has complied
with all of the provisions of this chapter applicable to such
corporation. All such interrogatories shall be answered
within thirty days after the mailing thereof, or within such
additional time as shall be fixed by the secretary of state,
and the answers thereto shall be full and complete, made in
writing, and under oath. If such interrogatories are directed
to an individual, they shall be answered personally by him,
and if directed to the corporation they shall be answered by
the president, a vice president, a secretary or any assistant
secretary thereof. The secretary of state need not file any
document to which such interrogatories relate until such
interrogatories are answered as required by this section, and
even not then if the answers thereto disclose that the
document is not in conformity with the provisions of this
chapter.
The secretary of state shall certify to the attorney
general, for such action as the attorney general may deem
appropriate, all interrogatories and answers thereto which
disclose a violation of any of the provisions of this chapter.
[1982 c 35 § 157; 1969 ex.s. c 120 § 95.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.480 Confidential nature of information
disclosed by interrogatories. Interrogatories propounded by
the secretary of state and the answers thereto shall not be
open to public inspection, nor shall the secretary of state
disclose any facts or information obtained therefrom unless
(1) his or her official duty may require that the same be
made public, or (2) such interrogatories or the answers
thereto are required for use in evidence in any criminal
proceedings or other action by the state. [1982 c 35 § 158;
1969 ex.s. c 120 § 96.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.485 Power and authority of secretary of state.
The secretary of state shall have all power and authority
reasonably necessary for the efficient and effective administration of this chapter, including the adoption of rules under
chapter 34.05 RCW. [1982 c 35 § 159; 1969 ex.s. c 120 §
97.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Power and authority of secretary of state: RCW 23B.01.210 and
23B.01.300.
24.06.490 Appeal from secretary of state’s actions.
(1) If the secretary of state shall fail to approve any articles
of incorporation, amendment, merger, consolidation, or
dissolution, or any other document required by this chapter
to be approved by the secretary of state before the same
[Title 24 RCW—page 54]
shall be filed in his or her office, the secretary of state shall,
within ten days after the delivery of such document to him
or her, give written notice of disapproval to the person or
corporation, domestic or foreign, delivering the same,
specifying the reasons therefor. The person or corporation
may apply to the superior court of the county in which the
registered office of such corporation is situated, or is
proposed, in the document, by filing a petition with the clerk
of such court setting forth a copy of the articles or other
document tendered to the secretary of state, together with a
copy of the written disapproval thereof by the secretary of
state; whereupon the matter shall be tried to the court on all
questions of fact and law; and the court shall either sustain
or overrule the action of the secretary of state.
(2) If the secretary of state shall revoke the certificate
of authority to conduct affairs in this state of any foreign
corporation, such foreign corporation may likewise apply to
the superior court of the county where the registered office
of such corporation in this state is situated, by filing with the
clerk of such court a petition setting forth a copy of its
certificate of authority to conduct affairs in this state and a
copy of the notice of revocation given by the secretary of
state; whereupon the matter shall be tried to the court on all
questions of fact and law; and the court shall either sustain
or overrule the action of the secretary of state.
(3) Appeals from all final orders and judgments entered
by the superior court under this section, in the review of any
ruling or decision of the secretary of state may be taken as
in other civil actions. [1982 c 35 § 160; 1969 ex.s. c 120 §
98.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.495 Certificates and certified copies to be
received in evidence. All certificates issued by the secretary of state in accordance with the provisions of this
chapter, and all copies of documents filed in the office of the
secretary of state in accordance with the provisions of this
chapter when certified by the secretary of state under the
seal of the state, shall be taken and received in all courts,
public offices, and official bodies as prima facie evidence of
the facts therein stated. A certificate by the secretary of
state under the seal of this state, as to the existence or
nonexistence of the facts relating to corporations which
would not appear from a certified copy of any of the
foregoing documents or certificates, shall be taken and
received in all courts, public offices, and official bodies as
prima facie evidence of the existence or nonexistence of the
facts therein stated. [1982 c 35 § 161; 1969 ex.s. c 120 §
99.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.500 Greater voting requirements. Whenever,
with respect to any action to be taken by the members,
shareholders or directors of a corporation, the articles of
incorporation require the vote or concurrence of a greater
proportion of the members, shareholders or directors, as the
case may be, than required by this chapter with respect to
such action, the provisions of the articles of incorporation
shall control. [1969 ex.s. c 120 § 100.]
(2002 Ed.)
Nonprofit Miscellaneous and Mutual Corporations Act
24.06.505 Waiver of notice. Whenever any notice is
required to be given to any member, shareholder or director
of a corporation under the provisions of this chapter or under
the provisions of the articles of incorporation or bylaws of
the corporation, a waiver thereof in writing signed by the
person or persons entitled to such notice, whether made
before or given after the time stated therein, shall be
equivalent to the giving of such notice. [1969 ex.s. c 120 §
101.]
24.06.510 Action by members or directors without
a meeting. Any action required by this chapter to be taken
at a meeting of the members, shareholders or directors of a
corporation, or any action which may be taken at a meeting
of the members, shareholders or directors, may be taken
without a meeting, if a consent in writing, setting forth the
action so taken, is signed by all of the members and shareholders entitled to vote thereon, or by all of the directors, as
the case may be, unless the articles or bylaws provide to the
contrary.
Such consent shall have the same force and effect as a
unanimous vote, and may be stated as such in any articles or
document filed with the secretary of state. [1969 ex.s. c 120
§ 102.]
24.06.515 Unauthorized assumption of corporate
powers. All persons who assume to act as a corporation
without authority so to do shall be jointly and severally
liable for all debts and liabilities incurred or arising as a result thereof. [1969 ex.s. c 120 § 103.]
24.06.520 Reinstatement and renewal of corporate
existence—Fee. If the term of existence of a corporation
which was organized under this chapter, or which has
availed itself of the privileges thereby provided expires, such
corporation shall have the right to renew within two years of
the expiration of its term of existence. The corporation may
renew the term of its existence for a definite period or
perpetually and be reinstated under any name not then in use
by or reserved for a domestic corporation organized under
any act of this state or a foreign corporation authorized
under any act of this state to transact business or conduct
affairs in this state. To do so the directors, members and
officers shall adopt amended articles of incorporation
containing a certification that the purpose thereof is a
reinstatement and renewal of the corporate existence. They
shall proceed in accordance with the provisions of this
chapter for the adoption and filing of amendments to articles
of incorporation. Thereupon such corporation shall be
reinstated and its corporate existence renewed as of the date
on which its previous term of existence expired and all
things done or omitted by it or by its officers, directors,
agents and members before such reinstatement shall be as
valid and have the same legal effect as if its previous term
of existence had not expired.
A corporation reinstating under this section shall pay to
the state all fees and penalties which would have been due
if the corporate charter had not expired, plus a reinstatement
fee established by the secretary of state by rule. [1993 c 269
§ 9; 1982 c 35 § 162; 1969 ex.s. c 120 § 106.]
24.06.505
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.06.525 Reorganization of corporations or
associations in accordance with this chapter. Any
corporation or association organized under any other statute
may be reorganized under the provisions of this chapter by
adopting and filing amendments to its articles of incorporation in accordance with the provisions of this chapter for
amending articles of incorporation. The articles of incorporation as amended must conform to the requirements of this
chapter, and shall state that the corporation accepts the
benefits and will be bound by the provisions of this chapter.
[1969 ex.s. c 120 § 107.]
24.06.600 Locally regulated utilities—Attachments
to poles. (1) As used in this section:
(a) "Attachment" means the affixation or installation of
any wire, cable or other physical material capable of
carrying electronic impulses or light waves for the carrying
of intelligence for telecommunications or television, including, but not limited to cable, and any related device,
apparatus, or auxiliary equipment upon any pole owned or
controlled in whole or in part by one or more locally
regulated utilities where the installation has been made with
the necessary consent.
(b) "Locally regulated utility" means an [a] mutual
corporation organized under this chapter for the purpose of
providing utility service and not subject to rate or service
regulation by the utilities and transportation commission.
(c) "Nondiscriminatory" means that pole owners may
not arbitrarily differentiate among or between similar classes
of persons approved for attachments.
(2) All rates, terms, and conditions made, demanded or
received by a locally regulated utility for attachments to its
poles must be just, reasonable, nondiscriminatory and
sufficient. A locally regulated utility shall levy attachment
space rental rates that are uniform for the same class of
service within the locally regulated utility service area.
(3) Nothing in this section shall be construed or is
intended to confer upon the utilities and transportation
commission any authority to exercise jurisdiction over
locally regulated utilities. [1996 c 32 § 2.]
24.06.610 Tariff for irrigation pumping service—
Authority for locally regulated utility to buy back
electricity. The board may approve a tariff for irrigation
pumping service that allows the locally regulated utility to
buy back electricity from customers to reduce electricity
usage by those customers during the locally regulated
utility’s particular irrigation season. [2001 c 122 § 5.]
Effective date—2001 c 122: See note following RCW 80.28.310.
24.06.900 Short title. This chapter shall be known
and may be cited as the "Nonprofit Miscellaneous and
Mutual Corporation Act". [1982 c 35 § 163; 1969 ex.s. c
120 § 104.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1993 c 269: See note following RCW 23.86.070.
(2002 Ed.)
[Title 24 RCW—page 55]
24.06.905
Title 24 RCW: Corporations and Associations
24.06.905 Existing liabilities not terminated—
Continuation of corporate existence—Application of
chapter. The enactment of this chapter shall not have the
effect of terminating, or in any way modifying, any liability,
civil or criminal, which shall already be in existence at the
date this chapter becomes effective; and any corporation
existing under any prior law which expires on or before the
date when this chapter takes effect shall continue its corporate existence: PROVIDED, That this chapter shall apply
prospectively to all existing corporations which do not
otherwise qualify under the provisions of Titles 23B and 24
RCW, to the extent permitted by the Constitution of this
state and of the United States. [1991 c 72 § 44; 1969 ex.s.
c 120 § 105.]
24.06.910 Severability—1969 ex.s. c 120. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected, and the effect of such invalidity
shall be confined to the clause, sentence, paragraph, section
or part of this chapter so held to be invalid. [1969 ex.s. c
120 § 108.]
24.06.915 Notice to existing corporations. (1) The
secretary of state shall notify all existing miscellaneous and
mutual corporations thirty days prior to the date this chapter
becomes effective as to their requirements for filing an
annual report.
(2) If the notification provided under subsection (1) of
this section, from the secretary of state to any corporation
was or has been returned unclaimed or undeliverable, the
secretary of state shall proceed to dissolve the corporation by
striking the name of such corporation from the records of
active corporations.
(3) Corporations dissolved under subsection (2) of this
section may be reinstated at any time within three years of
the dissolution action by the secretary of state. The corporation shall be reinstated by filing a request for reinstatement,
by appointment of a registered agent and designation of a
registered office as required by this chapter, and by filing an
annual report for the reinstatement year. No fees may be
charged for reinstatements under this section. If, during the
period of dissolution, another person or corporation has
reserved or adopted a corporate name which is identical to
or deceptively similar to the dissolved corporation’s name,
the corporation seeking reinstatement shall be required to
adopt another name consistent with the requirements of this
chapter and to amend its articles of incorporation accordingly. [1982 c 35 § 164; 1969 ex.s. c 120 § 109.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Effective date—1969 ex.s. c 120: See RCW 24.06.920.
24.06.920 Effective date—1969 ex.s. c 120. This
chapter is necessary for the immediate preservation of the
public peace, health and safety, the support of the state
government and its existing public institutions and shall take
effect July 1, 1969: PROVIDED, That no corporation
existing on the effective date of this chapter shall be required
[Title 24 RCW—page 56]
to conform to the provisions of this chapter until July 1,
1971. [1969 ex.s. c 120 § 110.]
Chapter 24.12
CORPORATIONS SOLE
Sections
24.12.010
24.12.020
24.12.025
24.12.030
24.12.040
24.12.050
24.12.060
Corporations sole—Church and religious societies.
Corporate powers.
Indemnification of agents of any corporation authorized.
Filing articles—Property held in trust.
Existing corporations sole.
Fees for services by secretary of state.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.12.010 Corporations sole—Church and religious
societies. Any person, being the bishop, overseer or
presiding elder of any church or religious denomination in
this state, may, in conformity with the constitution, canons,
rules, regulations or discipline of such church or denomination, become a corporation sole, in the manner prescribed in
this chapter, as nearly as may be; and, thereupon, said
bishop, overseer or presiding elder, as the case may be,
together with his successors in office or position, by his
official designation, shall be held and deemed to be a body
corporate, with all the rights and powers prescribed in the
case of corporations aggregate; and with all the privileges
provided by law for religious corporations. [1915 c 79 § 1;
RRS § 3884.]
24.12.020 Corporate powers. Every corporation sole
shall, for the purpose of the trust, have power to contract in
the same manner and to the same extent as a natural person,
and may sue and be sued, and may defend in all courts and
places, in all matters and proceedings whatever, and shall
have authority to borrow money and give promissory notes
therefor, and to secure the payment of the same by mortgage
or other lien upon property, real and personal; to buy, sell,
lease, mortgage and in every way deal in real and personal
property in the same manner as a natural person may, and
without the order of any court; to receive bequests and
devises for its own use or upon trusts, to the same extent as
natural persons may; and to appoint attorneys in fact. [1915
c 79 § 2; RRS § 3885.]
24.12.025 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.12.030 Filing articles—Property held in trust.
Articles of incorporation shall be filed in like manner as
provided by law for corporations aggregate, and therein shall
be set forth the facts authorizing such incorporation, and
declare the manner in which any vacancy occurring in the
incumbency of such bishop, overseer or presiding elder, as
the case may be, is required by the constitution, canons,
rules, regulations or discipline of such church or denomination to be filled, which statement shall be verified by
(2002 Ed.)
Corporations Sole
affidavit, and for proof of the appointment or election of
such bishop, overseer or presiding elder, as the case may be,
or any succeeding incumbent of such corporation, it shall be
sufficient to file with the secretary of state the original or a
copy of his commission, or certificate, or letters of election
or appointment, duly attested: PROVIDED, All property
held in such official capacity by such bishop, overseer or
presiding elder, as the case may be, shall be in trust for the
use, purpose, benefit and behoof of his religious denomination, society or church. [1981 c 302 § 10; 1915 c 79 § 3;
RRS § 3886.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.12.040 Existing corporations sole. Any corporation sole heretofore organized and existing under the laws of
this state may elect to continue its existence under *this title
[chapter] by filing a certificate to that effect, under its
corporate seal and the hand of its incumbent, or by filing
amended articles of incorporation, in the form, as near as
may be, as provided for corporations aggregate, and from
and after the filing of such certificate of amended articles,
such corporation shall be entitled to the privileges and
subject to the duties, liabilities and provisions in *this title
[chapter] expressed. [1915 c 79 § 4; RRS § 3887.]
24.12.030
encampment, and attested by the seal thereof, and shall
specify:
(1) The name of such lodge or other society, and the
place of holding its meetings;
(2) the name of the grand body from which it derives its
rights and powers as such lodge or society; or if it be a
grand lodge, the manner in which its powers as such grand
lodge are derived;
(3) the names of the presiding officer and the secretary
having the custody of the seal of such lodge or society;
(4) what officers shall join in the execution of any
contract by such lodge or society to give it force and effect
in accordance with the usages of such lodges or society.
[1981 c 302 § 11; 1925 ex.s. c 63 § 1; 1903 c 80 § 1; RRS
§ 3865. Cf. Code 1881 § 2452; 1873 p 410 § 3.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.20.020 Filing fee. The secretary of state shall file
such articles of incorporation in the secretary of state’s office
and issue a certificate of incorporation to any such lodge or
other society upon the payment of the sum of twenty dollars.
[1993 c 269 § 10; 1982 c 35 § 165; 1903 c 80 § 2; RRS §
3866.]
*Reviser’s note: The language "this title" appeared in chapter 79,
Laws of 1915, an independent act, codified herein as chapter 24.12 RCW.
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
24.12.050 Fees for services by secretary of state.
See RCW 43.07.120.
24.20.025 Fees for services by secretary of state.
See RCW 43.07.120.
24.12.060 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 4.]
24.20.030 Powers—Not subject to license fees. Such
lodge or other society shall be a body politic and corporate
with all the powers and incidents of a corporation upon its
compliance with RCW 24.20.010 and 24.20.020: PROVIDED, HOWEVER, That such fraternal corporation shall not be
subject to any license fee or other corporate tax of commercial corporations. [1903 c 80 § 3; RRS § 3867.]
Chapter 24.20
FRATERNAL SOCIETIES
Sections
24.20.010
24.20.020
24.20.025
24.20.030
24.20.035
24.20.040
24.20.050
Incorporation—Articles.
Filing fee.
Fees for services by secretary of state.
Powers—Not subject to license fees.
Indemnification of agents of any corporation authorized.
Reincorporation.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.20.010 Incorporation—Articles. Any grand lodge,
encampment, chapter or any subordinate lodge or body of
Free and Accepted Masons, Independent Order of Odd
Fellows, Knights of Pythias, or other fraternal society,
desiring to incorporate, shall make articles of incorporation
in duplicate, and file one of such articles in the office of the
secretary of state; such articles shall be signed by the
presiding officer and the secretary of such lodge, chapter or
(2002 Ed.)
24.20.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.20.040 Reincorporation. Any lodge or society, or
the members thereof, having heretofore attempted to incorporate as a body under the provisions of an act entitled "An act
to provide for the incorporation of associations for social,
charitable and educational purposes," approved March 21st,
1895 [*chapter 24.16 RCW], such lodge or society may
incorporate under its original corporate name by complying
with the provisions of RCW 24.20.010 and 24.20.020: PROVIDED, That such lodge or society shall attach to and file
with the articles of incorporation provided for in this chapter
a certificate duly signed, executed and attested by the
officers of the said corporation consenting to such
reincorporation and waiving all rights of the original corporation to such corporate name. [1903 c 80 § 4; RRS §
3868.]
*Reviser’s note: "chapter 24.16 RCW" was repealed by the
Washington Nonprofit Corporation Act, 1967 c 235, (chapter 24.03 RCW).
[Title 24 RCW—page 57]
24.20.050
Title 24 RCW: Corporations and Associations
24.20.050 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 5.]
Chapter 24.24
BUILDING CORPORATIONS COMPOSED OF
FRATERNAL SOCIETY MEMBERS
Sections
24.24.010
24.24.015
24.24.020
24.24.030
24.24.040
24.24.050
24.24.060
24.24.070
24.24.080
24.24.090
24.24.100
24.24.110
24.24.120
24.24.130
Who may incorporate—Filing fee.
Fees for services by secretary of state.
Articles—Contents.
Powers.
Membership certificates.
Bylaws.
Membership—Trustees—Elections.
Control of business—Officers.
Right of corporations under the statutes.
Certificates of capital stock.
Fees.
Exemption from ordinary corporate taxes.
Indemnification of agents of any corporation authorized.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.24.010 Who may incorporate—Filing fee. Any
ten or more residents of this state who are members of any
chartered body or of different chartered bodies of any
fraternal order or society who shall desire to incorporate for
the purpose of owning real or personal property or both real
and personal property for the purpose and for the benefit of
such bodies, may make and execute articles of incorporation,
which shall be executed in duplicate, and shall be subscribed
by each of the persons so associating themselves together:
PROVIDED, That no lodge shall be incorporated contrary to
the provisions of the laws and regulations of the order or
society of which it is a constituent part. Such articles, at the
election of the incorporators, may either provide for the
issuing of capital stock or for incorporation as a society of
corporation without shares of stock. One of such articles
shall be filed in the office of the secretary of state, accompanied by a filing fee of twenty dollars, and the other of such
articles shall be preserved in the records of the corporation.
[1982 c 35 § 166; 1981 c 302 § 12; 1927 c 190 § 1; RRS §
3887-1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
Severability—1981 c 302: See note following RCW 19.76.100.
24.24.015 Fees for services by secretary of state.
See RCW 43.07.120.
24.24.020 Articles—Contents. The articles of
incorporation shall set forth;
(1) The names of the persons so associating themselves
together, their places of residence and the name and location
[Title 24 RCW—page 58]
of the lodge, chapter, or society to which they severally
belong;
(2) The corporate name assumed by the corporation and
the duration of the same if limited;
(3) The purpose of the association, which shall be to
provide, maintain and operate a building or buildings to be
used for fraternal and social purposes, and for the benefit of
the several bodies represented in such association;
(4) The place where the corporation proposes to have its
principal place of business;
(5) The amount of capital stock and the par value
thereof per share, if it shall be organized as a joint stock
company. [1927 c 190 § 2; RRS § 3887-2.]
24.24.030 Powers. Upon making and filing such
articles of incorporation the persons subscribing the same
and their successors in office and associates, by the name
assumed in such articles, shall thereafter be deemed a body
corporate, and may acquire and possess real and personal
property and may erect and own suitable building or buildings to be used, in whole or in part, for meetings of fraternal
bodies, and for all social and fraternal purposes of the
several bodies represented in the membership of the corporation, and may exercise all other powers that may lawfully be
exercised by other corporations organized under the general
incorporation laws of Washington, including the power to
borrow money, and for that purpose may issue its bonds and
mortgage its property to secure the payment of such bonds.
[1927 c 190 § 3; RRS § 3887-3.]
24.24.040 Membership certificates. If the corporation shall not be a joint stock company, then it may provide
by its bylaws for issuing to the several bodies represented in
its membership certificates of participation, which shall
evidence the respective equitable interests of such bodies in
the properties held by such corporation. [1927 c 190 § 4;
RRS § 3887-4.]
24.24.050 Bylaws. Every such corporation shall have
full power and authority to provide by its bylaws for the
manner in which such certificates of participation of its
certificates or shares of stock shall be held and represented,
and may also in like manner provide, that its shares of stock
shall not be transferred to, or be held or owned by any
person, or by any corporation other than a chartered body of
the order or society represented in its membership. [1927 c
190 § 5; RRS § 3887-5.]
24.24.060 Membership—Trustees—Elections. Every
such corporation shall have power to provide by its bylaws
for succession to its original membership and for new
membership, and also for the election from its members of
a board of trustees, or a board of directors, and to fix the
number and term of office of such trustees or directors;
PROVIDED, That there shall always be upon such board of
trustees or board of directors at least one representative from
each of the several bodies represented in the membership of
the association, and the term of office of a trustee shall not
exceed three years. [1927 c 190 § 6; RRS § 3887-6.]
(2002 Ed.)
Building Corporations Composed of Fraternal Society Members
24.24.070
24.24.070 Control of business—Officers. The
management and control of the business and property of
such corporation shall be fixed in said board of trustees or
board of directors, as the case may be. Said trustees or
directors shall elect from their own number at each annual
meeting of the corporation a president, vice president,
secretary and treasurer, who shall perform the duties of their
respective office in accordance with the bylaws of the
corporation and the rules and regulations prescribed by the
board of trustees or board of directors. [1927 c 190 § 7;
RRS § 3887-7.]
24.24.110 Exemption from ordinary corporate
taxes. Such fraternal association shall be a body politic and
corporate with all powers and incidents of a corporation
upon its compliance with the provisions of this chapter;
PROVIDED, HOWEVER, That such fraternal corporation
shall not be subject to any license fee or other corporate tax
of commercial corporations. [1927 c 190 § 11; RRS § 388711.]
24.24.080 Right of corporations under the statutes.
Any corporation composed of fraternal organizations and/or
members of fraternal organizations, heretofore incorporated
under the laws of the state of Washington, may elect to
subject [the] corporation and its capital stock and the rights
of its stockholders therein to the provisions of this chapter
by a majority vote of its trustees or directors and the
unanimous assent or vote of the capital stock of such
corporation.
If the unanimous written assent of the capital stock has
not been obtained then the unanimous vote of all of the
stockholders may be taken at any regular meeting of the
stockholders or at any special meeting of the stockholders
called for that purpose in the manner provided by the bylaws
of such corporation for special meetings of the stockholders.
The president and secretary of such corporation shall
certify said amendment in triplicate under the seal of such
corporation as having been adopted by a majority vote of its
trustees or directors and by the unanimous written assent or
vote as the case may be of all of its stockholders, and file
and keep the same as in the case of original articles; and
from the time of filing said certificate such corporation and
its capital stock and the rights of its stockholders therein
shall be subject to all of the provisions of this chapter;
PROVIDED, That nothing in this chapter shall affect the
rights of the third person, pledgees of any shares of such
capital stock, in such pledged stock, under pledges subsisting
at the date of the filing of said amendment. [1927 c 190 §
8; RRS § 3887-8.]
24.24.130 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 6.]
24.24.090 Certificates of capital stock. All certificates of capital stock of corporations incorporated under or
becoming subject to the provisions of this chapter shall have
expressly stated on the face thereof that such corporation and
its capital stock and the rights of stockholders therein are
subject to the provisions of this chapter and that its capital
stock is not assignable or transferable except as in this
chapter provided. [1927 c 190 § 9; RRS § 3887-9.]
24.24.100 Fees. The secretary of state shall file such
articles of incorporation or amendment thereto in the
secretary of state’s office and issue a certificate of incorporation or amendment, as the case may be, to such fraternal
association upon the payment of a fee in the sum of twenty
dollars. [1993 c 269 § 11; 1982 c 35 § 167; 1927 c 190 §
10; RRS § 3887-10.]
Effective date—1993 c 269: See note following RCW 23.86.070.
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
(2002 Ed.)
24.24.120 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
Chapter 24.28
GRANGES
Sections
24.28.010
24.28.020
24.28.030
24.28.035
24.28.040
24.28.045
Manner of incorporating a grange.
In what pursuits such corporation may engage.
General rights and liabilities.
Indemnification of agents of any corporation authorized.
Use of term "grange"—"Person" defined.
Administrative dissolution or revocation of a certificate of
authority—Corporation name not distinguishable from
name of governmental entity—Application by governmental entity.
24.28.050 Fees for services by secretary of state.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.28.010 Manner of incorporating a grange. Any
grange of the patrons of husbandry, desiring hereafter to
incorporate, may incorporate and become bodies politic in
this state, by filing in the office of the secretary of state of
Washington, a certificate or article subscribed and acknowledged by not less than five members of such grange and by
the master of the Washington state grange embodying:
(1) The name of such grange and the place of holding
its meetings.
(2) What elective officers the said grange will have,
when such officers shall be elected; how, and by whom, the
business of the grange shall be conducted or managed, and
what officers shall join in the execution of any contract by
such grange to give force and effect in accordance with the
usages of the order of the patrons of husbandry; such articles
shall be subscribed by the master of such grange attested by
the secretary, with the seal of the grange.
(3) A copy of the bylaws of such grange shall also be
filed in the said office of the secretary of state.
(4) The names of all such officers at the time of filing
the application, and the time for which they may be respectively elected. When such articles shall be filed, such grange
shall be a body politic and corporate, with all the incidents
of a corporation, subject nevertheless to the laws and parts
of laws now in force or hereafter to be passed regulating
corporations. [1981 c 302 § 13; 1959 c 207 § 1; 1875 p 97
[Title 24 RCW—page 59]
24.28.010
Title 24 RCW: Corporations and Associations
§ 1; RRS § 3901. FORMER PART OF SECTION: 1875
c 97 § 2, part, now codified in RCW 24.28.020.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.28.020 In what pursuits such corporation may
engage. Said grange may engage in any industrial pursuit,
manufacturing, mining, milling, wharfing, docking, commercial, mechanical, mercantile, building, farming, building,
equipping or running railroads, or generally engage in any
species of trade or industry; loan money on security,
purchase and sell on real estate, but when desiring to engage
in either or any of the above pursuits or industries, said
grange shall be subject to all the conditions and liabilities
imposed by the provisions of the general corporation laws,
and in addition to the conditions to be performed as recited
in RCW 24.28.010, shall file additional articles with said
secretary of state stating the object, business or industry proposed to be pursued or engaged in; the amount of capital
stock, the time of its existence, not to exceed fifty years; the
number of shares of which the capital stock shall consist,
and price per share, and the names of officers necessary to
manage said business, and the places where said officers
shall pursue the same. [1981 c 302 § 14; 1875 p 97 § 2;
RRS § 3902. Formerly RCW 24.28.010, part and
24.28.020.]
Severability—1981 c 302: See note following RCW 19.76.100.
24.28.030 General rights and liabilities. As a
business corporation said grange, after having complied with
RCW 24.28.020, shall be to all intents and purposes a
domestic corporation, with all the rights, privileges and
immunities allowed, and all the liabilities imposed by chapter
one of the act entitled "an act to provide for the formation
of corporations," approved November 13, 1873. [1875 p 98
§ 3; RRS § 3903.]
Reviser’s note: The reference to chapter one of the 1873 act relates
to the general corporation act in effect at the time the above section was
enacted. Such general corporation laws were also compiled as Code 1881
§§ 2421-2449. See also table of prior laws following the Title 23 RCW
digest.
24.28.035 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
24.28.040 Use of term "grange"—"Person" defined.
No person, doing business in this state shall be entitled to
use or to register the term "grange" as part or all of his
business name or other name or in connection with his
products or services, or otherwise, unless either (1) he has
complied with the provisions of this chapter or (2) he has
obtained written consent of the Washington state grange
certified thereto by its master. Any person violating the
provisions of this section may be enjoined from using or
displaying such name and doing business under such name
at the instance of the Washington state grange or any grange
organized under this chapter, or any member thereof: PROVIDED, That nothing herein shall prevent the continued use
of the term "grange" by any person using said name prior to
the adoption of *this act.
[Title 24 RCW—page 60]
For the purposes of this section "person" shall include
any person, partnership, corporation, or association of
individuals. [1959 c 207 § 2.]
*Reviser’s note: "this act" first appeared in chapter 207, Laws of
1959, section 1 of which amended RCW 24.28.010.
24.28.045 Administrative dissolution or revocation
of a certificate of authority—Corporation name not
distinguishable from name of governmental entity—
Application by governmental entity. RCW 23B.14.203
applies to this chapter. [1997 c 12 § 7.]
24.28.050 Fees for services by secretary of state.
See RCW 43.07.120.
Chapter 24.34
AGRICULTURAL PROCESSING AND
MARKETING ASSOCIATIONS
Sections
24.34.010 Who may organize—Purposes—Limitations.
24.34.020 Monopoly or restraint of trade—Complaint—Procedure.
Agricultural marketing: Chapters 15.65, 15.66 RCW.
24.34.010 Who may organize—Purposes—
Limitations. Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen,
nut growers or fruit growers may act together in associations, corporate or otherwise, with or without capital stock,
in collectively processing, preparing for market, handling,
and marketing in intrastate commerce, such products of
persons so engaged. Such associations may have marketing
agencies in common; and such associations and their
members may make the necessary contracts and agreements
to effect such purposes: PROVIDED, That such associations
are operated for the mutual benefit of the members thereof,
as such producers, and conform to one or both of the following requirements:
First. That no member of the association is allowed
more than one vote because of the amount of stock or
membership capital he may own therein, or,
Second. That the association does not pay dividends on
stock or membership capital in excess of eight percent per
annum.
And in any case to the following:
Third. That the association shall not deal in the
products of nonmembers to an amount greater in value than
such as are handled by it for members. [1967 c 187 § 1.]
24.34.020 Monopoly or restraint of trade—
Complaint—Procedure. If the attorney general has reason
to believe that any such association as provided for in RCW
24.34.010 monopolizes or restrains trade to such an extent
that the price of any agricultural product is unduly enhanced
by reason thereof, he shall serve upon such association a
complaint stating his charge in that respect, to which
complaint shall be attached, or contained therein, a notice of
hearing, specifying a day and place not less than thirty days
after the service thereof, requiring the association to show
(2002 Ed.)
Agricultural Processing and Marketing Associations
cause why an order should not be made directing it to cease
and desist from monopolization or restraint of trade.
Such hearing, and any appeal which may be made from
such hearing, shall be conducted and held subject to and in
conformance with the provisions for adjudicative proceedings
and judicial review in chapter 34.05 RCW, the Administrative Procedure Act. [1989 c 175 § 75; 1967 c 187 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Chapter 24.36
FISH MARKETING ACT
Sections
24.36.010
24.36.020
24.36.030
24.36.040
24.36.050
24.36.055
24.36.060
24.36.070
24.36.080
24.36.090
24.36.100
24.36.110
24.36.120
24.36.130
24.36.140
24.36.150
24.36.160
24.36.170
24.36.180
24.36.190
24.36.200
24.36.210
24.36.220
24.36.230
24.36.240
24.36.250
24.36.260
24.36.270
24.36.280
24.36.290
24.36.300
24.36.310
24.36.320
24.36.330
24.36.340
24.36.350
24.36.360
24.36.370
24.36.380
24.36.390
24.36.400
24.36.410
24.36.420
24.36.430
24.36.440
(2002 Ed.)
Short title.
Declaration of purpose.
Definitions.
Associations deemed nonprofit.
General laws relating to corporations for profit applicable.
Fees for services by secretary of state.
Securities act inapplicable.
Associations deemed not a conspiracy, in restraint of trade,
etc.—Contracts not illegal.
Conflicting laws not applicable—Exemptions apply.
Merger, consolidation of associations authorized—
Procedure.
Stock associations—Statement in articles.
Stock associations—Classified shares—Statement in articles.
Nonstock associations—Statement in articles.
Bylaws of association.
Bylaws of association—Transfer of stock, membership certificates limited.
Bylaws of association—Quorum, voting, directors, penalties.
Bylaws of association—Fees, charges, marketing contract,
dividends.
Bylaws of association—Membership.
Bylaws of association—Meetings.
Bylaws of association—Direct election of directors from
districts of territory.
Bylaws of association—Election of directors by representatives or advisers from districts of territory.
Bylaws of association—Primary elections to nominate directors.
Bylaws of association—Nomination of directors by public
officials or other directors—Limitation.
Bylaws of association—Terms of directors—Staggering.
Bylaws of association—Executive committee.
Qualifications of members, stockholders.
Certificate of membership in nonstock associations.
Liability of member for association’s debts.
Place of membership meetings.
Appraisal of expelled member’s property—Payment.
Powers of association—General scope of activities.
Powers of association—Incurring indebtedness—Advances
to members.
Association as agent for member.
Reserves—Investments.
Powers relating to capital stock or bonds of other corporations or associations.
Powers relating to real or personal property.
Levy of assessments.
General powers, rights, privileges of association.
Use of association’s facilities—Disposition of proceeds.
Power of association to form, control, own stock in or be
member of another corporation or association—
Warehouse receipts.
Contracts and agreements with other corporations or associations—Joint operations.
Marketing contracts with members.
When title passes on sale by member to association.
Association may sell products without taking title—Powers
and duties.
Liability of member for breach of marketing contract.
24.34.020
24.36.450
Injunctions, specific performance if breach or threatened
breach by member.
24.36.460 Presumption that landlord or lessor can control delivery—
Remedies for nondelivery or breach.
24.36.470 Enforcement by association to secure delivery by member.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
24.36.010 Short title. This chapter may be cited as
"The Fish Marketing Act". [1959 c 312 § 1.]
24.36.020 Declaration of purpose. The purpose of
this chapter is to promote, foster, and encourage the intelligent and orderly marketing of fish and fishery products
through cooperation; to eliminate speculation and waste; to
make the distribution of fish and fishery products between
producer and consumer as direct as can be efficiently done;
and to stabilize the marketing of fish and fishery products.
[1959 c 312 § 2.]
24.36.030 Definitions. As used in this chapter:
(1) "Fishery products" includes fish, crustaceans,
mollusks, and marine products for human consumption.
(2) "Member" includes members of associations without
capital stock and holders of common stock in associations
organized with shares of stock.
(3) "Association" means any corporation organized
under this chapter. [1959 c 312 § 3.]
24.36.040 Associations deemed nonprofit. Associations shall be deemed "nonprofit", inasmuch as they are not
organized to make profit for themselves, as such, or for their
members, as such, but only for their members as producers
of fishery products. [1959 c 312 § 4.]
24.36.050 General laws relating to corporations for
profit applicable. The provisions of Title 23B RCW and all
powers and rights thereunder, apply to associations, except
where such provisions are in conflict with or inconsistent
with the express provisions of this chapter. [1991 c 72 § 45;
1959 c 312 § 5.]
24.36.055 Fees for services by secretary of state.
See RCW 43.07.120.
24.36.060 Securities act inapplicable. No association
is subject in any manner to the terms of chapter 21.20 RCW
and all associations may issue their membership certificates
or stock or other securities as provided in this division
without the necessity of any permit from the director of
licenses. [1983 c 3 § 27; 1959 c 312 § 6.]
24.36.070 Associations deemed not a conspiracy, in
restraint of trade, etc.—Contracts not illegal. An association shall be deemed not to be a conspiracy, nor a combination in restraint of trade nor an illegal monopoly; nor an
attempt to lessen competition or to fix prices arbitrarily or to
create a combination or pool in violation of any law of the
state; and the marketing contracts and agreements between
the association and its members and any agreements authorized in this chapter shall be considered not to be illegal nor
[Title 24 RCW—page 61]
24.36.070
Title 24 RCW: Corporations and Associations
in restraint of trade nor contrary to the provisions of any
statute enacted against pooling or combinations. [1959 c 312
§ 7.]
24.36.080 Conflicting laws not applicable—
Exemptions apply. Any provisions of law which are in
conflict with this chapter shall not be construed as applying
to associations. Any exemptions under any laws applying to
fishery products in the possession or under the control of the
individual producer shall apply similarly and completely to
such fishery products delivered by its members, in the
possession or under the control of the association. [1959 c
312 § 8.]
24.36.090 Merger, consolidation of associations
authorized—Procedure. Any two or more associations
may be merged into one such constituent association or
consolidated into a new association. Such merger or
consolidation shall be made in the manner prescribed by
RCW 23B.07.050 and chapter 23B.11 RCW for domestic
corporations. [1991 c 72 § 46; 1983 c 3 § 28; 1959 c 312
§ 9.]
24.36.100 Stock associations—Statement in articles.
If the association is organized with shares of stock, the
articles shall state the number of shares which may be issued
and if the shares are to have a par value, the par value of
each share, and the aggregate par value of all shares; and if
the shares are to be without par value it shall be so stated.
[1959 c 312 § 10.]
24.36.110 Stock associations—Classified shares—
Statement in articles. If the shares are to be classified, the
articles shall contain a description of the classes of shares
and a statement of the number of shares of each kind or
class and the nature and extent of the preferences, rights,
privileges and restrictions granted to or imposed upon the
holders of the respective classes of stock. [1959 c 312 §
11.]
24.36.120 Nonstock associations—Statement in
articles. If the association is organized without shares of
stock, the articles shall state whether the voting power and
the property rights and interest of each member are equal or
unequal; and if unequal the general rule or rules applicable
to all members by which the voting power and the property
rights and interests, respectively, of each member may be
and are determined and fixed; and shall also provide for the
admission of new members who shall be entitled to vote and
to share in the property of the association with the old
members, in accordance with such general rule or rules.
[1959 c 312 § 12.]
24.36.130 Bylaws of association. Each association
shall within thirty days after its incorporation, adopt for its
government and management, a code of bylaws, not inconsistent with this chapter. A majority vote of the members or
shares of stock issued and outstanding and entitled to vote,
or the written assent of a majority of the members or of
stockholders representing a majority of all the shares of
[Title 24 RCW—page 62]
stock issued and outstanding and entitled to vote, is necessary to adopt such bylaws and is effectual to repeal or
amend any bylaws or to adopt additional bylaws. The power
to repeal and amend the bylaws, and adopt new bylaws,
may, by a similar vote, or similar written assent, be delegated to the board of directors, which authority may, by a
similar vote, or similar written assent, be revoked. [1959 c
312 § 13.]
24.36.140 Bylaws of association—Transfer of stock,
membership certificates limited. The bylaws shall prohibit
the transfer of the common stock or membership certificates
of the associations to persons not engaged in the production
of the products handled by the association. [1959 c 312 §
14.]
24.36.150 Bylaws of association—Quorum, voting,
directors, penalties. The bylaws may provide:
(1) The number of members constituting a quorum.
(2) The right of members to vote by proxy or by mail
or both, and the conditions, manner, form and effects of such
votes; the right of members to cumulate their votes and the
prohibition, if desired, of cumulative voting.
(3) The number of directors constituting a quorum.
(4) The qualifications, compensation and duties and term
of office of directors and officers and the time of their
election.
(5) Penalties for violations of the bylaws. [1959 c 312
§ 15.]
24.36.160 Bylaws of association—Fees, charges,
marketing contract, dividends. The bylaws may provide:
(1) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the
same; and the purposes for which they may be used.
(2) The amount which each member shall be required to
pay annually, or from time to time, if at all, to carry on the
business of the association; the charge, if any, to be paid by
each member for services rendered by the association to him
and the time of payment and the manner of collection; and
the marketing contract between the association and its
members which every member may be required to sign.
(3) The amount of any dividends which may be declared
on the stock or membership capital, which dividends shall
not exceed eight percent per annum and which dividends
shall be in the nature of interest and shall not affect the
nonprofit character of any association organized hereunder.
[1959 c 312 § 16.]
24.36.170 Bylaws of association—Membership. The
bylaws may provide:
(1) The number and qualification of members of the
association and the conditions precedent to membership or
ownership of common stock.
(2) The method, time and manner of permitting members to withdraw or the holders of common stock to transfer
their stock.
(3) The manner of assignment and transfer of the
interest of members and of the shares of common stock.
(4) The conditions upon which and time when membership of any member shall cease.
(2002 Ed.)
Fish Marketing Act
(5) For the automatic suspension of the rights of a
member when he ceases to be eligible to membership in the
association; and the mode, manner and effect of the expulsion of a member.
(6) The manner of determining the value of a member’s
interest and provision for its purchase by the association
upon the death or withdrawal of a member or upon the
expulsion of a member or forfeiture of his membership, or
at the option of the association, the purchase at a price fixed
by conclusive appraisal by the board of directors; and the
conditions and terms for the repurchase by the corporation
from its stockholders of their stock upon their disqualification as stockholders. [1959 c 312 § 17.]
24.36.180 Bylaws of association—Meetings. The
bylaws may provide for the time, place, and manner of
calling and conducting meetings of the association. [1959 c
312 § 18.]
24.36.190 Bylaws of association—Direct election of
directors from districts of territory. The bylaws may
provide that the territory in which the association has
members shall be divided into districts and that directors
shall be elected from the several districts. In such case, the
bylaws shall specify the number of directors to be elected by
each district, the manner and method of reapportioning the
directors and of redistricting the territory covered by the
association. [1959 c 312 § 19.]
24.36.200 Bylaws of association—Election of
directors by representatives or advisers from districts of
territory. The bylaws may provide that the territory in
which the association has members shall be divided into
districts, and that the directors shall be elected by representatives or advisers, who themselves have been elected by the
members from the several territorial districts. In such case,
the bylaws shall specify the number of representatives or
advisers to be elected by each district, the manner and
method of reapportioning the representatives or advisers and
of redistricting the territory covered by the association.
[1959 c 312 § 20.]
24.36.210 Bylaws of association—Primary elections
to nominate directors. The bylaws may provide that
primary elections shall be held to nominate directors. Where
the bylaws provide that the territory in which the association
has members shall be divided into districts, the bylaws may
also provide that the results of the primary elections in the
various districts shall be final and shall be ratified at the
annual meeting of the association. [1959 c 312 § 21.]
24.36.220 Bylaws of association—Nomination of
directors by public officials or other directors—
Limitation. The bylaws may provide that one or more
directors may be nominated by any public official or
commission or by the other directors selected by the members. Such directors shall represent primarily the interest of
the general public in such associations. The directors so
nominated need not be members of the association, but shall
have the same powers and rights as other directors. Such
(2002 Ed.)
24.36.170
directors shall not number more than one-fifth of the entire
number of directors. [1959 c 312 § 22.]
24.36.230 Bylaws of association—Terms of directors—Staggering. The bylaws may provide that directors
shall be elected for terms of from one to five years:
PROVIDED, That at each annual election the same fraction
of the total number of directors shall be elected as one year
bears to the number of years of the term of office. [1959 c
312 § 23.]
24.36.240 Bylaws of association—Executive committee. The bylaws may provide for an executive committee
and may allot to such committee all the functions and
powers of the board of directors, subject to the general
direction and control of the board. [1959 c 312 § 24.]
24.36.250 Qualifications of members, stockholders.
(1) Under the terms and conditions prescribed in the bylaws,
an association may admit as members, or issue common
stock to, only such persons as are engaged in the production
of fishery products to be handled by or through the association, including the lessees and tenants of boats and equipment used for the production of such fishery products and
any lessors and landlords who receive as rent all or part of
the fish produced by such leased equipment.
(2) If a member of a nonstock association is other than
a natural person, such member may be represented by any
individual duly authorized in writing.
(3) One association may become a member or stockholder of any other association. [1959 c 312 § 25.]
24.36.260 Certificate of membership in nonstock
associations. When a member of an association established
without shares of stock has paid his membership fee in full,
he shall receive a certificate of membership. [1959 c 312 §
26.]
24.36.270 Liability of member for association’s
debts. No member shall be liable for the debts of the
association to an amount exceeding the sum remaining
unpaid on his membership fee or his subscription to the
capital stock, including any unpaid balance on any promissory note given in payment thereof. [1959 c 312 § 27.]
24.36.280 Place of membership meetings. Meetings
of members shall be held at the place as provided in the
bylaws; and if no provision is made, in the city where the
principal place of business is located at a place designated
by the board of directors. [1959 c 312 § 28.]
24.36.290 Appraisal of expelled member’s property—Payment. In case of the expulsion of a member, and
where the bylaws do not provide any procedure or penalty,
the board of directors shall equitably and conclusively
appraise his property interest in the association and shall fix
the amount thereof in money, which shall be paid to him
within one year after such expulsion. [1959 c 312 § 29.]
[Title 24 RCW—page 63]
24.36.300
Title 24 RCW: Corporations and Associations
24.36.300 Powers of association—General scope of
activities. An association may:
Engage in any activity in connection with the marketing,
selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or
utilization of any fishery products produced or delivered to
it by its members; or the manufacturing or marketing of the
byproducts thereof; or any activity in connection with the
purchase, hiring, or use by its members of supplies, machinery, or equipment, or in the financing of any such activities.
[1959 c 312 § 30.]
24.36.310 Powers of association—Incurring indebtedness—Advances to members. An association may
borrow without limitation as to amount of corporate indebtedness or liability and may make advances to members.
[1959 c 312 § 31.]
24.36.320 Association as agent for member. An
association may act as the agent or representative of any
member or members in any of the two next preceding sections. [1959 c 312 § 32.]
24.36.330 Reserves—Investments. An association
may establish reserves and invest the funds thereof in bonds
or in such other property as may be provided in the bylaws.
[1959 c 312 § 33.]
24.36.340 Powers relating to capital stock or bonds
of other corporations or associations. An association may
purchase or otherwise acquire, hold, own, and exercise all
rights of ownership in, sell, transfer, pledge, or guarantee the
payment of dividends or interest on, or the retirement or
redemption of, shares of the capital stock or bonds of any
corporation or association engaged in any related activity or
in the warehousing or handling or marketing or packing or
manufacturing or processing or preparing for market of any
of the fishery products handled by the association. [1959 c
312 § 34.]
24.36.350 Powers relating to real or personal
property. An association may buy, hold and exercise all
privileges or ownership, over such real or personal property
as may be necessary or convenient for the conduct and
operation of any of the business of the association, or
incidental thereto. [1959 c 312 § 35.]
24.36.360 Levy of assessments. An association may
levy assessments in the manner and in the amount provided
in its bylaws. [1959 c 312 § 36.]
24.36.370 General powers, rights, privileges of
association. An association may do each and every thing
necessary, suitable or proper for the accomplishment of any
one of the purposes or the attainment of any one or more of
the objects enumerated in this chapter; or conducive to or
expedient for the interest or benefit of the association; and
contract accordingly; and in addition exercise and possess all
powers, rights and privileges necessary or incidental to the
purposes for which the association is organized or to the
[Title 24 RCW—page 64]
activities in which it is engaged; and, in addition, any other
rights, powers and privileges granted by the laws of this
state to ordinary corporations, except such as are inconsistent
with the express provisions of this chapter; and do any such
thing anywhere. [1959 c 312 § 37.]
24.36.380 Use of association’s facilities—Disposition
of proceeds. An association may use or employ any of its
facilities for any purpose: PROVIDED, That the proceeds
arising from such use and employment go to reduce the cost
of operation for its members; but the fishery products of
nonmembers shall not be dealt in to an amount greater in
value than such as are handled by it for its members. [1959
c 312 § 38.]
24.36.390 Power of association to form, control,
own stock in or be member of another corporation or
association—Warehouse receipts. An association may
organize, form, operate, own, control, have an interest in,
own stock of, or be a member of any other corporation or
corporations, with or without capital stock and engaged in
preserving, drying, processing, canning, packing, storing,
handling, shipping, utilizing, manufacturing, marketing, or
selling of the fishery products handled by the association, or
the byproducts thereof.
If such corporations are warehousing corporations, they
may issue legal warehouse receipts to the association against
the commodities delivered by it, or to any other person and
such legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value
of the commodity represented thereby. In case such warehouse is licensed or licensed and bonded under the laws of
this state or the United States, its warehouse receipt delivered to the association on commodities of the association or
its members, or delivered by the association or its members,
shall not be challenged or discriminated against because of
ownership or control, wholly or in part, by the association.
[1959 c 312 § 39.]
24.36.400 Contracts and agreements with other
corporations or associations—Joint operations. Any
association may, upon resolution adopted by its board of
directors, enter into all necessary and proper contracts and
agreements and make all necessary and proper stipulations,
agreements and contracts and arrangements with any other
cooperative or other corporation, association, or associations,
formed in this or in any other state, for the cooperative and
more economical carrying on of its business or any part or
parts thereof. Any two or more associations may, by
agreement between them, unite in employing and using or
may separately employ and use the same personnel, methods,
means, and agencies for carrying on and conducting their
respective business. [1959 c 312 § 40.]
24.36.410 Marketing contracts with members. An
association and its members may make and execute marketing contracts, requiring the members to sell, for any period
of time, not over fifteen years, all or any specified part of
their fishery products or specified commodities exclusively
to or through the association or any facilities to be created
by the association. [1959 c 312 § 41.]
(2002 Ed.)
Fish Marketing Act
24.36.420 When title passes on sale by member to
association. If the members contract a sale to the association, it shall be conclusively held that title to the products
passes absolutely and unreservedly, except for recorded liens,
to the association upon delivery or at any other time expressly and definitely specified in the contract. [1959 c 312
§ 42.]
24.36.430 Association may sell products without
taking title—Powers and duties. The contract may provide
that the association may sell or resell the fishery products
delivered by its members, with or without taking title thereto; and pay over to its members the resale price, after
deducting all necessary selling, overhead, and other costs and
expenses, including interest on preferred stock, not exceeding
eight percent per annum, and reserves for retiring the stock,
if any; and other proper reserves; and interest not exceeding
eight percent per annum upon common stock. [1959 c 312
§ 43.]
24.36.440 Liability of member for breach of
marketing contract. The marketing contract may fix, as
liquidated damages, specific sums to be paid by the member
to the association upon the breach by him of any provision
of the marketing contract regarding the sale or delivery or
withholding of fishery products; and may further provide that
the member will pay all costs, premiums for bonds, expenses
and fees, in case any action is brought upon the contract by
the association; and any such provisions shall be valid and
enforceable in the courts of this state; and such clauses
providing for liquidated damages shall be enforceable as
such and shall not be regarded as penalties. [1959 c 312 §
44.]
24.36.450 Injunctions, specific performance if
breach or threatened breach by member. In the event of
any such breach or threatened breach of such marketing
contract by a member the association shall be entitled to an
injunction to prevent the further breach of the contract and
to a decree of specific performance thereof. Pending the
adjudication of such an action and upon filing a verified
complaint showing the breach or threatened breach, and upon
filing sufficient bond, the association shall be entitled to a
temporary restraining order and preliminary injunction
against the member. [1959 c 312 § 45.]
24.36.460 Presumption that landlord or lessor can
control delivery—Remedies for nondelivery or breach.
In any action upon such marketing agreements, it shall be
conclusively presumed that a landlord or lessor is able to
control the delivery of fishery products produced by his
equipment by tenants, or others, whose tenancy or possession
or work on such equipment or the terms of whose tenancy
or possession or labor thereon were created or changed after
execution by the landlord or lessor, of such a marketing
agreement; and in such actions, the foregoing remedies for
nondelivery or breach shall lie and be enforceable against
such landlord or lessor. [1959 c 312 § 46.]
24.36.470 Enforcement by association to secure
delivery by member. A contract entered into by a member
(2002 Ed.)
24.36.420
of an association, providing for the delivery to such association of products produced or acquired by the member,
may be specifically enforced by the association to secure the
delivery to it of such fishery products, any provisions of law
to the contrary notwithstanding. [1959 c 312 § 47.]
Chapter 24.40
TAX REFORM ACT OF 1969, STATE
IMPLEMENTATION—NOT FOR PROFIT
CORPORATIONS
Sections
24.40.010
24.40.020
24.40.030
24.40.040
24.40.050
24.40.060
24.40.070
24.40.080
Application.
Articles of incorporation deemed to contain prohibiting provisions.
Articles of incorporation deemed to contain provisions for
distribution.
Rights, powers, of courts, attorney general, not impaired.
Construction of references to federal code.
Present articles of incorporation may be amended—
Application to new corporation.
Severability—1971 c 59.
Tax reform act of 1969, state implementation—Charitable
trusts.
24.40.010 Application. This chapter shall apply to
every not for profit corporation to which Title 24 RCW
applies, and which is a "private foundation" as defined in
section 509 of the Internal Revenue Code of 1954, and
which has been or shall be incorporated under the laws of
the state of Washington after December 31, 1969. As to any
such corporation so incorporated before January 1, 1970, this
chapter shall apply only for its federal taxable years beginning after December 31, 1971. [1971 c 59 § 2.]
24.40.020 Articles of incorporation deemed to
contain prohibiting provisions. The articles of incorporation of every corporation to which this chapter applies shall
be deemed to contain provisions prohibiting the corporation
from:
(1) Engaging in any act of "self-dealing" (as defined in
section 4941(d) of the Internal Revenue Code of 1954),
which would give rise to any liability for the tax imposed by
section 4941(a) of the Internal Revenue Code of 1954;
(2) Retaining any "excess business holdings" (as defined
in section 4943(c) of the Internal Revenue Code of 1954),
which would give rise to any liability for the tax imposed by
section 4943(a) of the Internal Revenue Code of 1954;
(3) Making any investment which would jeopardize the
carrying out of any of its exempt purposes, within the
meaning of section 4944 of the Internal Revenue Code of
1954, so as to give rise to any liability for the tax imposed
by section 4944(a) of the Internal Revenue Code of 1954;
and
(4) Making any "taxable expenditures" (as defined in
section 4945(d) of the Internal Revenue Code of 1954)
which would give rise to any liability for the tax imposed by
section 4945(a) of the Internal Revenue Code of 1954.
[1971 c 59 § 3.]
24.40.030 Articles of incorporation deemed to
contain provisions for distribution. The articles of
[Title 24 RCW—page 65]
24.40.030
Title 24 RCW: Corporations and Associations
incorporation of every corporation to which this chapter
applies shall be deemed to contain a provision requiring such
corporation to distribute, for the purposes specified in its
articles of incorporation, for each taxable year, amounts at
least sufficient to avoid liability for the tax imposed by
section 4942(a) of the Internal Revenue Code of 1954.
[1971 c 59 § 4.]
24.40.040 Rights, powers, of courts, attorney
general, not impaired. Nothing in this chapter shall impair
the rights and powers of the courts or the attorney general of
this state with respect to any corporation. [1971 c 59 § 5.]
24.40.050 Construction of references to federal
code. All references to sections of the Internal Revenue
Code of 1954 shall include future amendments to such
sections and corresponding provisions of future internal
revenue laws. [1971 c 59 § 6.]
24.40.060 Present articles of incorporation may be
amended—Application to new corporation. Nothing in
this chapter shall limit the power of any corporation not for
profit now or hereafter incorporated under the laws of the
state of Washington
(1) to at any time amend its articles of incorporation or
other instrument governing such corporation by any amendment process open to such corporation under the laws of the
state of Washington to provide that some or all provisions of
RCW 24.40.010 and 24.40.020 shall have no application to
such corporation; or
(2) in the case of any such corporation formed after
June 10, 1971, to provide in its articles of incorporation that
some or all provisions of RCW 24.40.010 and 24.40.020
shall have no application to such corporation. [1971 c 59 §
7.]
24.40.070 Severability—1971 c 59. If any provision
of RCW 24.40.010 through 24.40.070 or the application
thereof is held invalid, such invalidity shall not affect the
other provisions or applications of RCW 24.40.010 through
24.40.070 which can be given effect without the invalid
provision or application, and to this end the provisions of
RCW 24.40.010 through 24.40.070 are declared to be severable. [1971 c 59 § 8.]
24.40.080 Tax reform act of 1969, state implementation—Charitable trusts. See RCW 11.110.200 through
11.110.260.
Chapter 24.44
UNIFORM MANAGEMENT OF
INSTITUTIONAL FUNDS ACT
Sections
24.44.010
24.44.020
24.44.030
24.44.040
24.44.050
24.44.060
24.44.070
Definitions.
Appropriation of appreciation.
Investment authority.
Delegation of investment management.
Standard of conduct.
Release of restrictions on use or investments.
Uniformity of application and construction.
[Title 24 RCW—page 66]
24.44.080
24.44.090
24.44.900
Short title.
Section headings.
Severability—1973 c 17.
24.44.010 Definitions. As used in this chapter:
(1) "Institution" means an incorporated or unincorporated organization organized and operated exclusively for
educational, religious, charitable, or other eleemosynary
purposes or a governmental organization to the extent that it
holds funds exclusively for any of these purposes;
(2) "Institutional fund" means a fund held by an
institution for its exclusive use, benefit or purposes, but does
not include (a) a fund held for an institution by a trustee
which is not an institution, or (b) a fund in which a beneficiary which is not an institution has an interest other than
possible rights which could arise upon violation or failure of
the purposes of the fund;
(3) "Endowment fund" means an institutional fund, or
any part thereof, which is not wholly expendable by the
institution on a current basis under the terms of the applicable gift instrument;
(4) "Governing board" means the body responsible for
the management of an institution or of an institutional fund;
(5) "Historic dollar value" means the fair value in
dollars of an endowment fund at the time it first became an
endowment fund, plus the fair value in dollars of each
subsequent donation to the fund at the time it is made, plus
the fair value in dollars of each accumulation made pursuant
to a direction in the applicable gift instrument at the time the
accumulation is added to the fund. The determination of
historic dollar value made in good faith by the institution is
conclusive;
(6) "Gift instrument" means a will, deed, grant, conveyance, agreement, memorandum, writing, or other governing
document (including the terms of any institutional solicitations from which an institutional fund resulted) under which
property is transferred to or held by an institution as an
institutional fund. [1973 c 17 § 1.]
24.44.020 Appropriation of appreciation. The
governing board may appropriate for expenditure for the uses
and purposes for which an endowment fund is established so
much of the net appreciation, realized and unrealized, in the
fair value of the assets of an endowment fund over the
historic dollar value of the fund as is prudent under the
standard established by RCW 24.44.050. This section does
not limit the authority of the governing board to expend
funds as permitted under other law, the terms of the applicable gift instrument, or the character [charter] of an institution. [1973 c 17 § 2.]
24.44.030 Investment authority. In addition to an
investment otherwise authorized by law or by the applicable
gift instrument, and without restriction to investments a
fiduciary is authorized to make, the governing board (subject
to any specific limitations set forth in the applicable gift
instrument or in applicable law other than law relating to
investments a fiduciary is authorized to make) may:
(1) Invest and reinvest an institutional fund in any real
or personal property deemed advisable by the governing
board, whether or not it produces a current return, including
mortgages, stocks and bonds, debentures, and other securities
(2002 Ed.)
Uniform Management of Institutional Funds Act
24.44.030
of profit or nonprofit corporations, shares in or obligations
of associations, partnerships, or individuals, and obligations
of any government or subdivision or instrumentality thereof;
(2) Retain property contributed by a donor to an
institutional fund for as long as the governing board deems
advisable;
(3) Include all or any part of an institutional fund in any
pooled or common fund maintained by the institution; and
(4) Invest all or any part of an institutional fund in any
other pooled or common fund available for investment,
including shares or interests in regulated investment companies, mutual funds, common trust funds, investment partnerships, real estate investment trusts, or similar organizations
in which funds are commingled and investment determinations are made by persons other than the governing board.
[1973 c 17 § 3.]
(3) A release under this section may not allow a fund to
be used for purposes other than the educational, religious,
charitable, or other eleemosynary purposes of the institution
affected.
(4) The provisions of this section do not limit the
application of the doctrine of cy pres. [1973 c 17 § 6.]
24.44.040 Delegation of investment management.
Except as otherwise provided by the applicable gift instrument or by applicable law relating to governmental institutions or funds, the governing board may:
(1) Delegate to its committees, to officers or employees
of the institution or the fund, or to agents (including investment counsel) the authority to act in place of the board in
investment and reinvestment of institutional funds;
(2) Contract with independent investment advisors,
investment counsel or managers, banks, or trust companies,
so to act; and
(3) Authorize the payment of compensation for investment advisory or management services. [1973 c 17 § 4.]
24.44.090 Section headings. Section headings as used
in this chapter do not constitute any part of the law. [1973
c 17 § 10.]
24.44.050 Standard of conduct. In the administration
of the powers to appropriate appreciation, to make and retain
investments, and to delegate investment management of
institutional funds, members of a governing board shall
exercise ordinary business care and prudence under the facts
and circumstances prevailing at the time of the action or
decision, and in so doing they shall consider long and short
term needs of the institution in carrying out its educational,
religious, charitable, or other eleemosynary purposes, its
present and anticipated financial requirements, expected total
return on its investments, price level trends, and general
economic conditions. [1973 c 17 § 5.]
24.44.060 Release of restrictions on use or investments. (1) A restriction on the use or investment of an
institutional fund imposed by the applicable gift instrument
may be released, entirely or in part, by the governing board
with the written consent of the donor.
(2) If consent of the donor cannot be obtained by reason
of the death, disability or unavailability, or impossibility of
identification of the donor, upon application of the governing
board, a restriction on the use or investment of an institutional fund imposed by the applicable gift instrument may be
released, entirely or in part, by order of the superior court
after reasonable notice to the attorney general and an
opportunity for him to be heard, and upon a finding that the
restriction on the use or investment of the fund is obsolete,
inappropriate or impracticable. A release under this subsection may not change an endowment fund to a fund which is
not an endowment fund.
(2002 Ed.)
24.44.070 Uniformity of application and construction. This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect
to the subject of this chapter among those states which enact
it. [1973 c 17 § 8.]
24.44.080 Short title. This chapter may be cited as
the "Uniform Management of Institutional Funds Act".
[1973 c 17 § 9.]
24.44.900 Severability—1973 c 17. If any provision
of this act or the application thereof to any person or
circumstance is held invalid, the invalidity shall not affect
other provisions or applications of the act which can be
given effect without the invalid provision or application, and
to this end the provisions of this act are declared to be
severable. [1973 c 17 § 7.]
Chapter 24.46
FOREIGN TRADE ZONES
Sections
24.46.010
24.46.020
Legislative finding—Intent.
Application for permission to establish, operate and maintain
foreign trade zones authorized.
Operation of foreign trade zones by port districts: RCW 53.08.030.
24.46.010 Legislative finding—Intent. It is the
finding of the legislature that foreign trade zones serve an
important public purpose by the creation of employment
opportunities within the state and that the establishment of
zones designed to accomplish this purpose is to be encouraged. It is the further intent of the legislature that the
department of community, trade, and economic development
provide assistance to entities planning to apply to the United
States for permission to establish such zones. [1995 c 399
§ 12; 1985 c 466 § 39; 1977 ex.s. c 196 § 1.]
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Effective date—1977 ex.s. c 196: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977." [1977 ex.s. c 196 § 8.]
24.46.020 Application for permission to establish,
operate and maintain foreign trade zones authorized. A
nonprofit corporation or organization, as zone sponsor, may
apply to the United States for permission to establish, operate, and maintain foreign trade zones: PROVIDED, That
nothing herein shall be construed to prevent these zones
[Title 24 RCW—page 67]
24.46.020
Title 24 RCW: Corporations and Associations
from being operated and financed by a private corporation(s)
on behalf of said nonprofit corporation acting as zone
sponsor. [1977 ex.s. c 196 § 2.]
Effective date—1977 ex.s. c 196: See note following RCW
24.46.010.
[Title 24 RCW—page 68]
(2002 Ed.)
Title 25
PARTNERSHIPS
Chapters
25.04
25.05
25.10
25.12
25.15
General and limited liability partnerships.
Revised uniform partnership act.
Limited partnerships.
Limited partnerships existing prior to June
6, 1945.
Limited liability companies.
Powers of appointment: Chapter 11.95 RCW.
Probate provisions relating to partnership property: Chapter 11.64 RCW.
Chapter 25.04
GENERAL AND LIMITED LIABILITY
PARTNERSHIPS
for a period of one hundred eighty days. The reservation is
limited to one filing and is nonrenewable.
A person or partnership may transfer the right to the
exclusive use of a reserved name to any other person by
filing in the office of the secretary of state a notice of the
transfer, executed by the applicant for whom the name was
reserved and specifying the name and address of the transferee. [1998 c 102 § 7.]
Chapter 25.05
REVISED UNIFORM PARTNERSHIP ACT
Sections
ARTICLE 1
GENERAL PROVISIONS
(Formerly: General partnerships)
Sections
LIMITED LIABILITY PARTNERSHIPS
25.04.710
25.04.715
25.04.716
Registration—Application—Fee—Forms.
Name.
Name—Reservation of exclusive right—Filing.
25.05.005
25.05.010
25.05.015
25.05.020
25.05.025
25.05.030
25.05.035
LIMITED LIABILITY PARTNERSHIPS
25.04.710 Registration—Application—Fee—Forms.
Reviser’s note: RCW 25.04.710 was amended by 1998 c 102 § 5
without reference to its repeal by 1998 c 103 § 1308. It has been
decodified for publication purposes under RCW 1.12.025.
25.04.715
Name.
Reviser’s note: RCW 25.04.715 was amended by 1998 c 102 § 6
without reference to its repeal by 1998 c 103 § 1308. It has been
decodified for publication purposes under RCW 1.12.025.
25.04.716 Name—Reservation of exclusive right—
Filing. (1) The exclusive right to the use of a name may be
reserved by:
(a) A person intending to organize a limited liability
partnership under this chapter and to adopt that name;
(b) A domestic or foreign limited liability partnership
registered in this state which intends to adopt that name;
(c) A foreign limited liability partnership intending to
register in this state and to adopt that name; and
(d) A person intending to organize a foreign limited
liability partnership and intending to have it registered in this
state and adopt that name.
(2) The reservation shall be made by filing with the
secretary of state an application, executed by the applicant,
to reserve a specified name, accompanied by a fee established by the secretary of state by rule. If the secretary of
state finds that the name is available for use by a domestic
or foreign limited liability partnership, the secretary of state
shall reserve the name for the exclusive use of the applicant
(2002 Ed.)
Definitions.
Knowledge and notice.
Effect of partnership agreement—Nonwaivable provisions.
Supplemental principles of law.
Execution and filing of statements.
Governing law.
Partnership subject to amendment or repeal of chapter.
ARTICLE 2
NATURE OF PARTNERSHIP
25.05.050
25.05.055
25.05.060
25.05.065
Partnership as entity.
Formation of partnership.
Partnership property.
When property is partnership property.
ARTICLE 3
RELATIONS OF PARTNERS TO PERSONS
DEALING WITH PARTNERSHIP
25.05.100
25.05.105
25.05.110
25.05.115
25.05.120
25.05.125
25.05.130
25.05.135
Partner agent of partnership.
Transfer of partnership property.
Statement of partnership authority.
Statement of denial.
Partnership liable for partner’s actionable conduct.
Partner’s liability.
Actions by and against partnership and partners.
Liability of purported partner.
ARTICLE 4
RELATIONS OF PARTNERS TO EACH OTHER
AND TO PARTNERSHIP
25.05.150
25.05.155
25.05.160
25.05.165
25.05.170
25.05.175
Partner’s rights and duties.
Distributions in kind.
Partner’s rights and duties with respect to information.
General standards of partner’s conduct.
Actions by partnership and partners.
Continuation of partnership beyond definite term or particular undertaking.
ARTICLE 5
TRANSFEREES AND CREDITORS OF PARTNER
25.05.200
25.05.205
25.05.210
25.05.215
Partner not co-owner of partnership property.
Partner’s transferable interest in partnership.
Transfer of partner’s transferable interest.
Partner’s transferable interest subject to charging order.
[Title 25 RCW—page 1]
Chapter 25.05
Title 25 RCW: Partnerships
ARTICLE 6
PARTNER’S DISSOCIATION
25.05.225
25.05.230
25.05.235
Events causing partner’s dissociation.
Partner’s power to dissociate—Wrongful dissociation.
Effect of partner’s dissociation.
ARTICLE 7
PARTNER’S DISSOCIATION WHEN BUSINESS NOT WOUND UP
25.05.250
25.05.255
25.05.260
25.05.265
25.05.270
Purchase of dissociated partner’s interest.
Dissociated partner’s power to bind and liability to partnership.
Dissociated partner’s liability to other persons.
Statement of dissociation.
Continued use of partnership name.
ARTICLE 8
WINDING UP PARTNERSHIP BUSINESS
25.05.300
25.05.305
25.05.310
25.05.315
25.05.320
25.05.325
25.05.330
Events causing dissolution and winding up of partnership
business.
Partnership continues after dissolution.
Right to wind up partnership business.
Partner’s power to bind partnership after dissolution.
Statement of dissolution.
Partner’s liability to other partners after dissolution.
Settlement of accounts and contributions among partners.
ARTICLE 9
CONVERSIONS AND MERGERS
25.05.350
25.05.355
25.05.360
25.05.365
25.05.370
25.05.375
25.05.380
25.05.385
25.05.390
25.05.395
Definitions.
Conversion of partnership to limited partnership.
Conversion of limited partnership to partnership.
Effect of conversion—Entity unchanged.
Merger of partnerships.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
Nonexclusive.
ARTICLE 10
DISSENTERS’ RIGHTS
25.05.420
25.05.425
25.05.430
25.05.435
25.05.440
25.05.445
25.05.450
25.05.455
25.05.460
25.05.465
25.05.470
25.05.475
Definitions.
Partner—Dissent—Payment of fair value.
Dissenters’ rights—Notice—Timing.
Partner—Dissent—Voting restriction.
Partners—Dissenters’ notice—Requirements.
Partner—Payment demand—Entitlement.
Partners’ interests—Transfer restriction.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
Dissenter’s estimate of fair value—Notice.
Unsettled demand for payment—Proceeding—Parties—
Appraisers.
Unsettled demand for payment—Costs—Fees and expenses
of counsel.
ARTICLE 11
LIMITED LIABILITY PARTNERSHIP
25.05.500
25.05.505
25.05.510
Formation—Registration—Application—Fee—Forms.
Name.
Rendering professional services.
ARTICLE 12
FOREIGN LIMITED LIABILITY PARTNERSHIP
25.05.550
25.05.555
25.05.560
25.05.565
25.05.570
Law governing foreign limited liability partnership.
Statement of foreign qualification.
Effect of failure to qualify.
Activities not constituting transacting business.
Action by attorney general.
ARTICLE 13
MISCELLANEOUS PROVISIONS
25.05.901
25.05.902
25.05.903
25.05.904
25.05.905
25.05.906
25.05.907
Establishment of filing fees and miscellaneous charges—
Secretary of state.
Authority to adopt rules—Secretary of state.
Uniformity of application and construction—1998 c 103.
Short title—1998 c 103.
Severability clause—1998 c 103.
Savings clause—1998 c 103.
ARTICLE 1
GENERAL PROVISIONS
25.05.005 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise:
(1) "Business" includes every trade, occupation, and
profession.
(2) "Debtor in bankruptcy" means a person who is the
subject of:
(a) An order for relief under Title 11 of the United
States Code or a comparable order under a successor statute
of general application; or
(b) A comparable order under federal, state, or foreign
law governing insolvency.
(3) "Distribution" means a transfer of money or other
property from a partnership to a partner in the partner’s
capacity as a partner or to the partner’s transferee.
(4) "Foreign limited liability partnership" means a
partnership that:
(a) Is formed under laws other than the laws of this
state; and
(b) Has the status of a limited liability partnership under
those laws.
(5) "Limited liability partnership" means a partnership
that has filed *a statement of qualification under RCW
25.05.500 and does not have a similar statement in effect in
any other jurisdiction.
(6) "Partnership" means an association of two or more
persons to carry on as co-owners a business for profit
formed under RCW 25.05.055, predecessor law, or comparable law of another jurisdiction.
(7) "Partnership agreement" means the agreement,
whether written, oral, or implied, among the partners
concerning the partnership, including amendments to the
partnership agreement.
(8) "Partnership at will" means a partnership in which
the partners have not agreed to remain partners until the
expiration of a definite term or the completion of a particular
undertaking.
(9) "Partnership interest" or "partner’s interest in the
partnership" means all of a partner’s interests in the partnership, including the partner’s transferable interest and all
management and other rights.
(10) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(11) "Property" means all property, real, personal, or
mixed, tangible or intangible, or any interest therein.
(12) "State" means a state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, or
Dates of applicability.
[Title 25 RCW—page 2]
(2002 Ed.)
Revised Uniform Partnership Act
any territory or insular possession subject to the jurisdiction
of the United States.
(13) "Statement" means a statement of partnership
authority under RCW 25.05.110, a statement of denial under
RCW 25.05.115, a statement of dissociation under RCW
25.05.265, a statement of dissolution under RCW 25.05.320,
or an amendment or cancellation of any statement under
these sections.
(14) "Transfer" includes an assignment, conveyance,
lease, mortgage, deed, and encumbrance. [1998 c 103 §
101.]
*Reviser’s note: The phrase "a statement of qualification" appears
erroneous. The phrase "an application" was apparently intended.
25.05.010 Knowledge and notice. (1) A person
knows a fact if the person has actual knowledge of it.
(2) A person has notice of a fact if the person:
(a) Knows of it;
(b) Has received a notification of it; or
(c) Has reason to know it exists from all of the facts
known to the person at the time in question.
(3) A person notifies or gives a notification to another
by taking steps reasonably required to inform the other
person in ordinary course, whether or not the other person
learns of it.
(4) A person receives a notification when the notification:
(a) Comes to the person’s attention; or
(b) Is duly delivered at the person’s place of business or
at any other place held out by the person as a place for
receiving communications.
(5) Except as otherwise provided in subsection (6) of
this section, a person other than an individual knows, has
notice, or receives a notification of a fact for purposes of a
particular transaction when the individual conducting the
transaction knows, has notice, or receives a notification of
the fact, or in any event when the fact would have been
brought to the individual’s attention if the person had
exercised reasonable diligence. The person exercises
reasonable diligence if the person maintains reasonable
routines for communicating significant information to the
individual conducting the transaction and there is reasonable
compliance with the routines. Reasonable diligence does not
require an individual acting for the person to communicate
information unless the communication is part of the
individual’s regular duties or the individual has reason to
know of the transaction and that the transaction would be
materially affected by the information.
(6) A partner’s knowledge, notice, or receipt of a
notification of a fact relating to the partnership is effective
immediately as knowledge by, notice to, or receipt of a
notification by the partnership, except in the case of a fraud
on the partnership committed by or with the consent of that
partner. [1998 c 103 § 102.]
25.05.015 Effect of partnership agreement—
Nonwaivable provisions. (1) Except as otherwise provided
in subsection (2) of this section, relations among the partners
and between the partners and the partnership are governed
by the partnership agreement. To the extent the partnership
agreement does not otherwise provide, this chapter governs
(2002 Ed.)
25.05.005
relations among the partners and between the partners and
the partnership.
(2) The partnership agreement may not:
(a) Vary the rights and duties under RCW 25.05.025
except to eliminate the duty to provide copies of statements
to all of the partners;
(b) Unreasonably restrict the right of access to books
and records under RCW 25.05.160(2);
(c) Eliminate the duty of loyalty under RCW
25.05.165(2) or 25.05.235(2)(c), but, if not manifestly
unreasonable:
(i) The partnership agreement may identify specific
types or categories of activities that do not violate the duty
of loyalty; or
(ii) All of the partners or a number or percentage
specified in the partnership agreement may authorize or
ratify, after full disclosure of all material facts, a specific act
or transaction that otherwise would violate the duty of
loyalty;
(d) Unreasonably reduce the duty of care under RCW
25.05.165(3) or 25.05.235(2)(c);
(e) Eliminate the obligation of good faith and fair
dealing under RCW 25.05.165(4), but the partnership
agreement may prescribe the standards by which the performance of the obligation is to be measured, if the standards
are not manifestly unreasonable;
(f) Vary the power to dissociate as a partner under
RCW 25.05.230(1), except to require the notice under RCW
25.05.225(1) to be in writing;
(g) Vary the right of a court to expel a partner in the
events specified in RCW 25.05.225(5);
(h) Vary the requirement to wind up the partnership
business in cases specified in RCW 25.05.300 (4), (5), or
(6);
(i) Vary the law applicable to a limited liability partnership under RCW 25.05.030(2); or
(j) Restrict rights of third parties under this chapter.
[1998 c 103 § 103.]
25.05.020 Supplemental principles of law. (1)
Unless displaced by particular provisions of this chapter, the
principles of law and equity supplement this chapter.
(2) If an obligation to pay interest arises under this
chapter and the rate is not specified, the rate is that specified
in RCW 19.52.010(1). [1998 c 103 § 104.]
25.05.025 Execution and filing of statements. (1) A
statement may be filed in the office of the secretary of state.
A certified copy of a statement that is filed in an office in
another state may be filed in the office of the secretary of
state. Either filing has the effect provided in this chapter
with respect to partnership property located in or transactions
that occur in this state.
(2) A statement filed by a partnership must be executed
by at least two partners. Other statements must be executed
by a partner or other person authorized by this chapter. An
individual who executes a statement as, or on behalf of, a
partner or other person shall personally declare under penalty
of perjury that the contents of the statement are accurate.
(3) A person authorized by this chapter to file a statement may amend or cancel the statement by filing an
[Title 25 RCW—page 3]
25.05.025
Title 25 RCW: Partnerships
amendment or cancellation that names the partnership,
identifies the statement, and states the substance of the
amendment or cancellation.
(4) A person who files a statement pursuant to this
section shall promptly send a copy of the statement to every
nonfiling partner and to any other person named as a partner
in the statement. Failure to send a copy of a statement to a
partner or other person does not limit the effectiveness of the
statement as to a person not a partner. [1998 c 103 § 105.]
25.05.030 Governing law. (1) Except as otherwise
provided in subsection (2) of this section, the law of the
jurisdiction in which a partnership has its chief executive
office governs relations among the partners and the partnership.
(2) The law of this state governs relations among the
partners and the partnership and the liability of partners for
an obligation of a limited liability partnership. [1998 c 103
§ 106.]
25.05.035 Partnership subject to amendment or
repeal of chapter. A partnership governed by this chapter
is subject to any amendment to or repeal of this chapter.
[1998 c 103 § 107.]
ARTICLE 2
NATURE OF PARTNERSHIP
25.05.050 Partnership as entity. (1) A partnership is
an entity distinct from its partners.
(2) A limited liability partnership continues to be the
same entity that existed before the filing of an application
under RCW 25.05.500(2). [2000 c 169 § 10; 1998 c 103 §
201.]
25.05.055 Formation of partnership. (1) Except as
otherwise provided in subsection (2) of this section, the
association of two or more persons to carry on as co-owners
a business for profit forms a partnership, whether or not the
persons intend to form a partnership.
(2) An association formed under a statute other than this
chapter, a predecessor statute, or a comparable statute of
another jurisdiction is not a partnership under this chapter.
(3) In determining whether a partnership is formed, the
following rules apply:
(a) Joint tenancy, tenancy in common, tenancy by the
entireties, joint property, common property, or part ownership does not by itself establish a partnership, even if the coowners share profits made by the use of the property;
(b) The sharing of gross returns does not by itself
establish a partnership, even if the persons sharing them
have a joint or common right or interest in property from
which the returns are derived; and
(c) A person who receives a share of the profits of a
business is presumed to be a partner in the business, unless
the profits were received in payment:
(i) Of a debt by installments or otherwise;
(ii) For services as an independent contractor or of
wages or other compensation to an employee;
(iii) Of rent;
[Title 25 RCW—page 4]
(iv) Of an annuity or other retirement or health benefit
to a beneficiary, representative, or designee of a deceased or
retired partner;
(v) Of interest or other charge on a loan, even if the
amount of payment varies with the profits of the business,
including a direct or indirect present or future ownership of
the collateral, or rights to income, proceeds, or increase in
value derived from the collateral; or
(vi) For the sale of the goodwill of a business or other
property by installments or otherwise. [1998 c 103 § 202.]
25.05.060 Partnership property. Property acquired
by a partnership is property of the partnership and not of the
partners individually. [1998 c 103 § 203.]
25.05.065 When property is partnership property.
(1) Property is partnership property if acquired in the name
of:
(a) The partnership; or
(b) One or more partners with an indication in the
instrument transferring title to the property of the person’s
capacity as a partner or of the existence of a partnership,
whether or not there is an indication of the name of the partnership.
(2) Property is acquired in the name of the partnership
by a transfer to:
(a) The partnership in its name; or
(b) One or more partners in their capacity as partners in
the partnership, if the name of the partnership is indicated in
the instrument transferring title to the property.
(3) Property is presumed to be partnership property if
purchased with partnership assets, even if not acquired in the
name of the partnership or of one or more partners with an
indication in the instrument transferring title to the property
of the person’s capacity as a partner or of the existence of
a partnership.
(4) Property acquired in the name of one or more of the
partners, without an indication in the instrument transferring
title to the property of the person’s capacity as a partner or
of the existence of a partnership and without use of partnership assets, is presumed to be separate property, even if used
for partnership purposes. [1998 c 103 § 204.]
ARTICLE 3
RELATIONS OF PARTNERS TO PERSONS DEALING
WITH PARTNERSHIP
25.05.100 Partner agent of partnership. Subject to
the effect of a statement of partnership authority under RCW
25.05.110:
(1) Each partner is an agent of the partnership for the
purpose of its business. An act of a partner, including the
execution of an instrument in the partnership name, for
apparently carrying on in the ordinary course the partnership
business or business of the kind carried on by the partnership
binds the partnership, unless the partner had no authority to
act for the partnership in the particular matter and the person
with whom the partner was dealing knew or had received a
notification that the partner lacked authority.
(2) An act of a partner which is not apparently for
carrying on in the ordinary course the partnership business
(2002 Ed.)
Revised Uniform Partnership Act
or business of the kind carried on by the partnership binds
the partnership only if the act was authorized by the other
partners. [1998 c 103 § 301.]
25.05.105 Transfer of partnership property. (1)
Partnership property may be transferred as follows:
(a) Subject to the effect of a statement of partnership
authority under RCW 25.05.110, partnership property held in
the name of the partnership may be transferred by an
instrument of transfer executed by a partner in the partnership name;
(b) Partnership property held in the name of one or
more partners with an indication in the instrument transferring the property to them of their capacity as partners or of
the existence of a partnership, but without an indication of
the name of the partnership, may be transferred by an
instrument of transfer executed by the persons in whose
name the property is held; or
(c) Partnership property held in the name of one or
more persons other than the partnership, without an indication in the instrument transferring the property to them of
their capacity as partners or of the existence of a partnership,
may be transferred by an instrument of transfer executed by
the persons in whose name the property is held.
(2) A partnership may recover partnership property from
a transferee only if it proves that execution of the instrument
of initial transfer did not bind the partnership under RCW
25.05.100, and:
(a) As to a subsequent transferee who gave value for
property transferred under subsection (1)(a) and (b) of this
section, proves that the subsequent transferee knew or had
received a notification that the person who executed the
instrument of initial transfer lacked authority to bind the
partnership; or
(b) As to a transferee who gave value for property
transferred under subsection (1)(c) of this section, proves
that the transferee knew or had received a notification that
the property was partnership property and that the person
who executed the instrument of initial transfer lacked
authority to bind the partnership.
(3) A partnership may not recover partnership property
from a subsequent transferee if the partnership would not
have been entitled to recover the property, under subsection
(2) of this section, from any earlier transferee of the property.
(4) If a person holds all of the partners’ interests in the
partnership, all of the partnership property vests in that
person. The person may execute a document in the name of
the partnership to evidence vesting of the property in that
person and may file or record the document. [1998 c 103 §
302.]
25.05.110 Statement of partnership authority. (1)
A partnership may file a statement of partnership authority,
which:
(a) Must include:
(i) The name of the partnership; and
(ii) The street address of its chief executive office and
of one office in this state, if there is one; and
(b) May state the names of all of the partners, the
names of the partners authorized to execute an instrument
(2002 Ed.)
25.05.100
transferring real property held in the name of the partnership,
the authority, or limitations on the authority, of some or all
of the partners to enter into other transactions on behalf of
the partnership and any other matter.
(2) A grant of authority contained in a filed statement
of partnership authority is conclusive in favor of a person
not a partner who gives value without knowledge to the
contrary, so long as and to the extent that a limitation on that
authority is not then contained in a subsequently filed
statement. A filed cancellation of a limitation on authority
revives the previous grant of authority.
(3) A person not a partner is deemed to know of a
limitation on the authority of a partner to transfer real
property held in the name of the partnership if the limitation
is contained in a filed statement of partnership authority.
(4) Except as otherwise provided in subsection (3) of
this section and RCW 25.05.265 and 25.05.320, a person not
a partner is not deemed to know of a limitation on the
authority of a partner merely because the limitation is
contained in a filed statement.
(5) Unless earlier canceled, a filed statement of partnership authority is canceled by operation of law five years
after the date on which the statement, or the most recent
amendment, was filed with the secretary of state. [1998 c
103 § 303.]
25.05.115 Statement of denial. A partner, or other
person named as a partner in a filed statement of partnership
authority, may file a statement of denial stating the name of
the partnership and the fact that is being denied, which may
include denial of a person’s authority or status as a partner.
A statement of denial is a limitation on authority as provided
in RCW 25.05.110 (2) and (3). [1998 c 103 § 304.]
25.05.120 Partnership liable for partner’s actionable conduct. (1) A partnership is liable for loss or injury
caused to a person, or for a penalty incurred, as a result of
a wrongful act or omission, or other actionable conduct, of
a partner acting in the ordinary course of business of the
partnership or with authority of the partnership.
(2) If, in the course of the partnership’s business or
while acting with authority of the partnership, a partner
receives or causes the partnership to receive money or
property of a person not a partner, and the money or property is misapplied by a partner, the partnership is liable for the
loss. [1998 c 103 § 305.]
25.05.125 Partner’s liability. (1) Except as otherwise
provided in subsections (2), (3), and (4) of this section, all
partners are liable jointly and severally for all obligations of
the partnership unless otherwise agreed by the claimant or
provided by law.
(2) A person admitted as a partner into an existing
partnership is not personally liable for any partnership
obligation incurred before the person’s admission as a
partner.
(3) Except as otherwise provided in subsection (4) of
this section, an obligation of a partnership incurred while the
partnership is a limited liability partnership, whether arising
in contract, tort, or otherwise, is solely the obligation of the
partnership. A partner is not personally liable, directly or
[Title 25 RCW—page 5]
25.05.125
Title 25 RCW: Partnerships
indirectly, by way of contribution or otherwise, for such an
obligation solely by reason of being or so acting as a
partner. This subsection applies notwithstanding anything
inconsistent in the partnership agreement that existed, in the
case of a limited liability partnership in existence on June
11, 1998, and, in the case of a partnership becoming a
limited liability partnership after June 11, 1998, immediately
before the vote required to become a limited liability
partnership under RCW 25.05.500(1).
(4) If the partners of a limited liability partnership or a
foreign limited liability partnership are required to be
licensed to provide professional services as defined in RCW
18.100.030, and the partnership fails to maintain for itself
and for its members practicing in this state a policy of professional liability insurance, bond, deposit in trust, bank
escrow of cash, bank certificates of deposit, United States
treasury obligations, bank letter of credit, insurance company
bond, or other evidence of financial responsibility of a kind
designated by rule by the state insurance commissioner and
in the amount of at least one million dollars or such greater
amount, not to exceed three million dollars, as the state
insurance commissioner may establish by rule for a licensed
profession or for any specialty within a profession, taking
into account the nature and size of the businesses within the
profession or specialty, then the partners shall be personally
liable to the extent that, had such insurance, bond, deposit in
trust, bank escrow of cash, bank certificates of deposit,
United States treasury obligations, bank letter of credit,
insurance company bond, or other evidence of responsibility
been maintained, it would have covered the liability in
question. [1998 c 103 § 306.]
25.05.130 Actions by and against partnership and
partners. (1) A partnership may sue and be sued in the
name of the partnership.
(2) An action may be brought against the partnership
and, to the extent not inconsistent with RCW 25.05.125, any
or all of the partners in the same action or in separate
actions.
(3) A judgment against a partnership is not by itself a
judgment against a partner. A judgment against a partnership may not be satisfied from a partner’s assets unless there
is also a judgment against the partner.
(4) A judgment creditor of a partner may not levy
execution against the assets of the partner to satisfy a
judgment based on a claim against the partnership unless the
partner is personally liable for the claim under RCW
25.05.125, and:
(a) A judgment based on the same claim has been
obtained against the partnership and a writ of execution on
the judgment has been returned unsatisfied in whole or in
part;
(b) The partnership is a debtor in bankruptcy;
(c) The partner has agreed that the creditor need not
exhaust partnership assets;
(d) A court grants permission to the judgment creditor
to levy execution against the assets of a partner based on a
finding that partnership assets subject to execution are
clearly insufficient to satisfy the judgment, that exhaustion
of partnership assets is excessively burdensome, or that the
[Title 25 RCW—page 6]
grant of permission is an appropriate exercise of the court’s
equitable powers; or
(e) Liability is imposed on the partner by law or
contract independent of the existence of the partnership.
(5) This section applies to any partnership liability or
obligation resulting from a representation by a partner or
purported partner under RCW 25.05.135. [1998 c 103 §
307.]
25.05.135 Liability of purported partner. (1) If a
person, by words or conduct, purports to be a partner, or
consents to being represented by another as a partner, in a
partnership or with one or more persons not partners, the
purported partner is liable to a person to whom the representation is made, if that person, relying on the representation,
enters into a transaction with the actual or purported partnership. If the representation, either by the purported partner or
by a person with the purported partner’s consent, is made in
a public manner, the purported partner is liable to a person
who relies upon the purported partnership even if the
purported partner is not aware of being held out as a partner
to the claimant. If partnership liability results, the purported
partner is liable with respect to that liability as if the
purported partner were a partner. If no partnership liability
results, the purported partner is liable with respect to that
liability jointly and severally with any other person consenting to the representation.
(2) If a person is thus represented to be a partner in an
existing partnership, or with one or more persons not
partners, the purported partner is an agent of persons
consenting to the representation to bind them to the same
extent and in the same manner as if the purported partner
were a partner, with respect to persons who enter into
transactions in reliance upon the representation. If all of the
partners of the existing partnership consent to the representation, a partnership act or obligation results. If fewer than all
of the partners of the existing partnership consent to the
representation, the person acting and the partners consenting
to the representation are jointly and severally liable.
(3) A person is not liable as a partner merely because
the person is named by another in a statement of partnership
authority.
(4) A person does not continue to be liable as a partner
merely because of a failure to file a statement of dissociation
or to amend a statement of partnership authority to indicate
the partner’s dissociation from the partnership.
(5) Except as otherwise provided in subsections (1) and
(2) of this section, persons who are not partners as to each
other are not liable as partners to other persons. [1998 c 103
§ 308.]
ARTICLE 4
RELATIONS OF PARTNERS TO EACH OTHER AND
TO PARTNERSHIP
25.05.150 Partner’s rights and duties. (1) Each
partner is deemed to have an account that is:
(a) Credited with an amount equal to the money plus the
value of any other property, net of the amount of any
liabilities, the partner contributes to the partnership and the
partner’s share of the partnership profits; and
(2002 Ed.)
Revised Uniform Partnership Act
(b) Charged with an amount equal to the money plus the
value of any other property, net of the amount of any
liabilities, distributed by the partnership to the partner and
the partner’s share of the partnership losses.
(2) Each partner is entitled to an equal share of the
partnership profits and is chargeable with a share of the
partnership losses in proportion to the partner’s share of the
profits.
(3) A partnership shall reimburse a partner for payments
made and indemnify a partner for liabilities incurred by the
partner in the ordinary course of the business of the partnership or for the preservation of its business or property.
(4) A partnership shall reimburse a partner for an
advance to the partnership beyond the amount of capital the
partner agreed to contribute.
(5) A payment or advance made by a partner which
gives rise to a partnership obligation under subsection (3) or
(4) of this section constitutes a loan to the partnership which
accrues interest from the date of the payment or advance.
(6) Each partner has equal rights in the management and
conduct of the partnership business.
(7) A partner may use or possess partnership property
only on behalf of the partnership.
(8) A partner is not entitled to remuneration for services
performed for the partnership, except for reasonable compensation for services rendered in winding up the business of
the partnership.
(9) A person may become a partner only with the
consent of all of the partners.
(10) A difference arising as to a matter in the ordinary
course of business of a partnership may be decided by a
majority of the partners. An act outside the ordinary course
of business of a partnership and an amendment to the
partnership agreement may be undertaken only with the
consent of all of the partners.
(11) This section does not affect the obligations of a
partnership to other persons under RCW 25.05.100. [1998
c 103 § 401.]
25.05.155 Distributions in kind. A partner has no
right to receive, and may not be required to accept, a
distribution in kind. [1998 c 103 § 402.]
25.05.160 Partner’s rights and duties with respect
to information. (1) A partnership shall keep its books and
records, if any, at its chief executive office.
(2) A partnership shall provide partners and their agents
and attorneys access to its books and records. It shall
provide former partners and their agents and attorneys access
to books and records pertaining to the period during which
they were partners. The right of access provides the opportunity to inspect and copy books and records during ordinary
business hours. A partnership may impose a reasonable
charge, covering the costs of labor and material, for copies
of documents furnished.
(3) Each partner and the partnership shall furnish to a
partner, and to the legal representative of a deceased partner
or partner under legal disability:
(a) Without demand, any information concerning the
partnership’s business and affairs reasonably required for the
(2002 Ed.)
25.05.150
proper exercise of the partner’s rights and duties under the
partnership agreement or this chapter; and
(b) On demand, any other information concerning the
partnership’s business and affairs, except to the extent the
demand or the information demanded is unreasonable or
otherwise improper under the circumstances. [1998 c 103 §
403.]
25.05.165 General standards of partner’s conduct.
(1) The only fiduciary duties a partner owes to the partnership and the other partners are the duty of loyalty and the
duty of care set forth in subsections (2) and (3) of this section.
(2) A partner’s duty of loyalty to the partnership and the
other partners is limited to the following:
(a) To account to the partnership and hold as trustee for
it any property, profit, or benefit derived by the partner in
the conduct and winding up of the partnership business or
derived from a use by the partner of partnership property,
including the appropriation of a partnership opportunity;
(b) To refrain from dealing with the partnership in the
conduct or winding up of the partnership business as or on
behalf of a party having an interest adverse to the partnership; and
(c) To refrain from competing with the partnership in
the conduct of the partnership business before the dissolution
of the partnership.
(3) A partner’s duty of care to the partnership and the
other partners in the conduct and winding up of the partnership business is limited to refraining from engaging in
grossly negligent or reckless conduct, intentional misconduct,
or a knowing violation of law.
(4) A partner shall discharge the duties to the partnership and the other partners under this chapter or under the
partnership agreement and exercise any rights consistently
with the obligation of good faith and fair dealing.
(5) A partner does not violate a duty or obligation under
this chapter or under the partnership agreement merely
because the partner’s conduct furthers the partner’s own
interest.
(6) A partner may lend money to and transact other
business with the partnership, and as to each loan or transaction the rights and obligations of the partner are the same as
those of a person who is not a partner, subject to other
applicable law.
(7) This section applies to a person winding up the
partnership business as the personal or legal representative
of the last surviving partner as if the person were a partner.
[1998 c 103 § 404.]
25.05.170 Actions by partnership and partners. (1)
A partnership may maintain an action against a partner for
a breach of the partnership agreement, or for the violation of
a duty to the partnership, causing harm to the partnership.
(2) A partner may maintain an action against the
partnership or another partner for legal or equitable relief,
with or without an accounting as to partnership business, to:
(a) Enforce the partner’s rights under the partnership
agreement;
(b) Enforce the partner’s rights under this chapter,
including:
[Title 25 RCW—page 7]
25.05.170
Title 25 RCW: Partnerships
(i) The partner’s rights under RCW 25.05.150,
25.05.160, or 25.05.165;
(ii) The partner’s right on dissociation to have the
partner’s interest in the partnership purchased pursuant to
RCW 25.05.250 or enforce any other right under article 6 or
7 of this chapter; or
(iii) The partner’s right to compel a dissolution and
winding up of the partnership business under RCW
25.05.300 or enforce any other right under article 8 of this
chapter; or
(c) Enforce the rights and otherwise protect the interests
of the partner, including rights and interests arising independently of the partnership relationship.
(3) The accrual of, and any time limitation on, a right
of action for a remedy under this section is governed by
other law. A right to an accounting upon a dissolution and
winding up does not revive a claim barred by law. [1998 c
103 § 405.]
25.05.175 Continuation of partnership beyond
definite term or particular undertaking. (1) If a partnership for a definite term or particular undertaking is continued, without an express agreement, after the expiration of the
term or completion of the undertaking, the rights and duties
of the partners remain the same as they were at the expiration or completion, so far as is consistent with a partnership
at will.
(2) If the partners, or those of them who habitually
acted in the business during the term or undertaking,
continue the business without any settlement or liquidation
of the partnership, they are presumed to have agreed that the
partnership will continue. [1998 c 103 § 406.]
ARTICLE 5
TRANSFEREES AND CREDITORS OF PARTNER
25.05.200 Partner not co-owner of partnership
property. A partner is not a co-owner of partnership
property and has no interest in partnership property which
can be transferred, either voluntarily or involuntarily. [1998
c 103 § 501.]
25.05.205 Partner’s transferable interest in partnership. The only transferable interest of a partner in the
partnership is the partner’s share of the profits and losses of
the partnership and the partner’s right to receive distributions. The interest is personal property. [1998 c 103 §
502.]
25.05.210 Transfer of partner’s transferable
interest. (1) A transfer, in whole or in part, of a partner’s
transferable interest in the partnership:
(a) Is permissible;
(b) Does not by itself cause the partner’s dissociation or
a dissolution and winding up of the partnership business; and
(c) Does not, as against the other partners or the
partnership, entitle the transferee, during the continuance of
the partnership, to participate in the management or conduct
of the partnership business, to require access to information
concerning partnership transactions, or to inspect or copy the
partnership books or records.
[Title 25 RCW—page 8]
(2) A transferee of a partner’s transferable interest in the
partnership has a right:
(a) To receive, in accordance with the transfer, allocations of profits and losses of the partnership and distributions
to which the transferor would otherwise be entitled;
(b) To receive upon the dissolution and winding up of
the partnership business, in accordance with the transfer, the
net amount otherwise distributable to the transferor; and
(c) To seek under RCW 25.05.300(6) a judicial determination that it is equitable to wind up the partnership business.
(3) In a dissolution and winding up, a transferee is
entitled to an account of partnership transactions only from
the date of the latest account agreed to by all of the partners.
(4) Upon transfer, the transferor retains the rights and
duties of a partner other than the interest in profits and
losses of the partnership and distributions transferred.
(5) A partnership need not give effect to a transferee’s
rights under this section until it has notice of the transfer.
(6) A transfer of a partner’s transferable interest in the
partnership in violation of a restriction on transfer contained
in the partnership agreement is ineffective as to a person
having notice of the restriction at the time of transfer. [1998
c 103 § 503.]
25.05.215 Partner’s transferable interest subject to
charging order. (1) On application by a judgment creditor
of a partner or of a partner’s transferee, a court having
jurisdiction may charge the transferable interest of the judgment debtor to satisfy the judgment. The court may appoint
a receiver of the share of the distributions due or to become
due to the judgment debtor in respect of the partnership and
make all other orders, directions, accounts, and inquiries the
judgment debtor might have made or which the circumstances of the case may require.
(2) A charging order constitutes a lien on the judgment
debtor’s transferable interest in the partnership. The court
may order a foreclosure of the interest subject to the charging order at any time. The purchaser at the foreclosure sale
has the rights of a transferee.
(3) At any time before foreclosure, an interest charged
may be redeemed:
(a) By the judgment debtor;
(b) With property other than partnership property, by
one or more of the other partners; or
(c) With partnership property, by one or more of the
other partners with the consent of all of the partners whose
interests are not so charged.
(4) This chapter does not deprive a partner of a right
under exemption laws with respect to the interest in the
partnership.
(5) This section provides the exclusive remedy by which
a judgment creditor of a partner or partner’s transferee may
satisfy a judgment out of the judgment debtor’s transferable
interest in the partnership. [1998 c 103 § 504.]
(2002 Ed.)
Revised Uniform Partnership Act
ARTICLE 6
PARTNER’S DISSOCIATION
25.05.225 Events causing partner’s dissociation. A
partner is dissociated from a partnership upon the occurrence
of any of the following events:
(1) The partnership’s having notice of the partner’s
express will to withdraw as a partner or on a later date
specified by the partner;
(2) An event agreed to in the partnership agreement as
causing the partner’s dissociation;
(3) The partner’s expulsion pursuant to the partnership
agreement;
(4) The partner’s expulsion by the unanimous vote of
the other partners if:
(a) It is unlawful to carry on the partnership business
with that partner;
(b) There has been a transfer of all or substantially all
of that partner’s transferable interest in the partnership, other
than a transfer for security purposes or a court order charging the partner’s interest which, in either case, has not been
foreclosed;
(c) Within ninety days after the partnership notifies a
corporate partner that it will be expelled because it has filed
articles of dissolution, it has been administratively or
judicially dissolved, or its right to conduct business has been
suspended by the jurisdiction of its incorporation, and there
is no revocation of the articles of dissolution, no reinstatement following its administrative dissolution, or reinstatement of its right to conduct business by the jurisdiction of its
incorporation, as applicable; or
(d) A partnership or limited liability company that is a
partner has been dissolved and its business is being wound
up;
(5) On application by the partnership or another partner,
the partner’s expulsion by judicial determination because:
(a) The partner engaged in wrongful conduct that
adversely and materially affected the partnership business;
(b) The partner willfully or persistently committed a
material breach of the partnership agreement or of a duty
owed to the partnership or the other partners under RCW
25.05.165; or
(c) The partner engaged in conduct relating to the
partnership business which makes it not reasonably practicable to carry on the business in partnership with the partner;
(6) The partner’s:
(a) Becoming a debtor in bankruptcy;
(b) Executing an assignment for the benefit of creditors;
(c) Seeking, consenting to, or acquiescing in the
appointment of a trustee, receiver, or liquidator of that
partner or of all or substantially all of that partner’s property;
or
(d) Failing, within ninety days after the appointment, to
have vacated or stayed the appointment of a trustee, receiver,
or liquidator of the partner or of all or substantially all of the
partner’s property obtained without the partner’s consent or
acquiescence, or failing within ninety days after the expiration of a stay to have the appointment vacated;
(7) In the case of a partner who is an individual:
(a) The partner’s death;
(b) The appointment of a guardian or general conservator for the partner; or
(2002 Ed.)
25.05.225
(c) A judicial determination that the partner has otherwise become incapable of performing the partner’s duties
under the partnership agreement;
(8) In the case of a partner that is a trust or is acting as
a partner by virtue of being a trustee of a trust, distribution
of the trust’s entire transferable interest in the partnership,
but not merely by reason of the substitution of a successor
trustee;
(9) In the case of a partner that is an estate or is acting
as a partner by virtue of being a personal representative of
an estate, distribution of the estate’s entire transferable
interest in the partnership, but not merely by reason of the
substitution of a successor personal representative; or
(10) Termination of a partner who is not an individual,
partnership, corporation, limited liability company, trust, or
estate. [2000 c 169 § 11; 1998 c 103 § 601.]
25.05.230 Partner’s power to dissociate—Wrongful
dissociation. (1) A partner has the power to dissociate at
any time, rightfully or wrongfully, by express will pursuant
to RCW 25.05.225(1).
(2) A partner’s dissociation is wrongful only if:
(a) It is in breach of an express provision of the partnership agreement; or
(b) In the case of a partnership for a definite term or
particular undertaking, before the expiration of the term or
the completion of the undertaking:
(i) The partner withdraws by express will, unless the
withdrawal follows within ninety days after another partner’s
dissociation by death or otherwise under RCW 25.05.225 (6)
through (10) or wrongful dissociation under this subsection;
(ii) The partner is expelled by judicial determination
under RCW 25.05.225(5);
(iii) The partner is dissociated as the result of an event
described in RCW 25.05.225(6); or
(iv) In the case of a partner who is not an individual,
trust other than a business trust, or estate, the partner is
expelled or otherwise dissociated because it willfully
dissolved or terminated.
(3) A partner who wrongfully dissociates is liable to the
partnership and to the other partners for damages caused by
the dissociation. The liability is in addition to any other
obligation of the partner to the partnership or to the other
partners. [1998 c 103 § 602.]
25.05.235 Effect of partner’s dissociation. (1) If a
partner’s dissociation results in a dissolution and winding up
of the partnership business, article 8 of this chapter applies;
otherwise, article 7 of this chapter applies.
(2) Upon a partner’s dissociation:
(a) The partner’s right to participate in the management
and conduct of the partnership business terminates, except as
otherwise provided in RCW 25.05.310;
(b) The partner’s duty of loyalty under RCW
25.05.165(2)(c) terminates; and
(c) The partner’s duty of loyalty under RCW
25.05.165(2) (a) and (b) and duty of care under RCW
25.05.165(3) continue only with regard to matters arising and
events occurring before the partner’s dissociation, unless the
partner participates in winding up the partnership’s business
pursuant to RCW 25.05.310. [1998 c 103 § 603.]
[Title 25 RCW—page 9]
25.05.250
Title 25 RCW: Partnerships
ARTICLE 7
PARTNER’S DISSOCIATION WHEN BUSINESS NOT
WOUND UP
25.05.250 Purchase of dissociated partner’s interest.
(1) If a partner is dissociated from a partnership without
resulting in a dissolution and winding up of the partnership
business under RCW 25.05.300, the partnership shall cause
the dissociated partner’s interest in the partnership to be
purchased for a buyout price determined pursuant to subsection (2) of this section.
(2) The buyout price of a dissociated partner’s interest
is the amount that would have been distributable to the
dissociating partner under RCW 25.05.330(2) if, on the date
of dissociation, the assets of the partnership were sold at a
price equal to the greater of the liquidation value or the
value based on a sale of the entire business as a going
concern without the dissociated partner and the partnership
were wound up as of that date. Interest must be paid from
the date of dissociation to the date of payment.
(3) Damages for wrongful dissociation under RCW
25.05.230(2), and all other amounts owing, whether or not
presently due, from the dissociated partner to the partnership,
must be offset against the buyout price. Interest must be
paid from the date the amount owed becomes due to the date
of payment.
(4) A partnership shall indemnify a dissociated partner
whose interest is being purchased against all partnership
liabilities, whether incurred before or after the dissociation,
except liabilities incurred by an act of the dissociated partner
under RCW 25.05.255.
(5) If no agreement for the purchase of a dissociated
partner’s interest is reached within one hundred twenty days
after a written demand for payment, the partnership shall
pay, or cause to be paid, in cash to the dissociated partner
the amount the partnership estimates to be the buyout price
and accrued interest, reduced by any offsets and accrued
interest under subsection (3) of this section.
(6) If a deferred payment is authorized under subsection
(8) of this section, the partnership may tender a written offer
to pay the amount it estimates to be the buyout price and
accrued interest, reduced by any offsets under subsection (3)
of this section, stating the time of payment, the amount and
type of security for payment, and the other terms and
conditions of the obligation.
(7) The payment or tender required by subsection (5) or
(6) of this section must be accompanied by the following:
(a) A statement of partnership assets and liabilities as of
the date of dissociation;
(b) The latest available partnership balance sheet and
income statement, if any;
(c) An explanation of how the estimated amount of the
payment was calculated; and
(d) Written notice that the payment is in full satisfaction
of the obligation to purchase unless, within one hundred
twenty days after the written notice, the dissociated partner
commences an action to determine the buyout price, any
offsets under subsection (3) of this section, or other terms of
the obligation to purchase.
(8) A partner who wrongfully dissociates before the
expiration of a definite term or the completion of a particular
[Title 25 RCW—page 10]
undertaking is not entitled to payment of any portion of the
buyout price until the expiration of the term or completion
of the undertaking, unless the partner establishes to the
satisfaction of the court that earlier payment will not cause
undue hardship to the business of the partnership. A
deferred payment must be adequately secured and bear
interest.
(9) A dissociated partner may maintain an action against
the partnership, pursuant to RCW 25.05.170(2)(b)(ii), to
determine the buyout price of that partner’s interest, any
offsets under subsection (3) of this section, or other terms of
the obligation to purchase. The action must be commenced
within one hundred twenty days after the partnership has
tendered payment or an offer to pay or within one year after
written demand for payment if no payment or offer to pay is
tendered. The court shall determine the buyout price of the
dissociated partner’s interest, any offset due under subsection
(3) of this section, and accrued interest, and enter judgment
for any additional payment or refund. If deferred payment
is authorized under subsection (8) of this section, the court
shall also determine the security for payment and other terms
of the obligation to purchase. The court may assess reasonable attorneys’ fees and the fees and expenses of appraisers
or other experts for a party to the action, in amounts the
court finds equitable, against a party that the court finds
acted arbitrarily, vexatiously, or not in good faith. The
finding may be based on the partnership’s failure to tender
payment or an offer to pay or to comply with subsection (7)
of this section. [1998 c 103 § 701.]
25.05.255 Dissociated partner’s power to bind and
liability to partnership. (1) For two years after a partner
dissociates without resulting in a dissolution and winding up
of the partnership business, the partnership, including a
surviving partnership under article 9 of this chapter, is bound
by an act of the dissociated partner which would have bound
the partnership under RCW 25.05.100 before dissociation
only if at the time of entering into the transaction the other
party:
(a) Reasonably believed that the dissociated partner was
then a partner;
(b) Did not have notice of the partner’s dissociation; and
(c) Is not deemed to have had knowledge under RCW
25.05.110(3) or notice under RCW 25.05.265(3).
(2) A dissociated partner is liable to the partnership for
any damage caused to the partnership arising from an
obligation incurred by the dissociated partner after dissociation for which the partnership is liable under subsection (1)
of this section. [1998 c 103 § 702.]
25.05.260 Dissociated partner’s liability to other
persons. (1) A partner’s dissociation does not of itself
discharge the partner’s liability for a partnership obligation
incurred before dissociation. A dissociated partner is not
liable for a partnership obligation incurred after dissociation,
except as otherwise provided in subsection (2) of this
section.
(2) A partner who dissociates without resulting in a
dissolution and winding up of the partnership business is
liable as a partner to the other party in a transaction entered
into by the partnership, or a surviving partnership under arti(2002 Ed.)
Revised Uniform Partnership Act
cle 9 of this chapter, within two years after the partner’s
dissociation, only if the partner is liable for the obligation
under RCW 25.05.125 and at the time of entering into the
transaction the other party:
(a) Reasonably believed that the dissociated partner was
then a partner;
(b) Did not have notice of the partner’s dissociation; and
(c) Is not deemed to have had knowledge under RCW
25.05.110(3) or notice under RCW 25.05.265(3).
(3) By agreement with the partnership creditor and the
partners continuing the business, a dissociated partner may
be released from liability for a partnership obligation.
(4) A dissociated partner is released from liability for a
partnership obligation if a partnership creditor, with notice of
the partner’s dissociation but without the partner’s consent,
agrees to a material alteration in the nature or time of
payment of a partnership obligation. [1998 c 103 § 703.]
25.05.265 Statement of dissociation. (1) A dissociated partner or the partnership may file a statement of dissociation stating the name of the partnership and that the partner
is dissociated from the partnership.
(2) A statement of dissociation is a limitation on the
authority of a dissociated partner for the purposes of RCW
25.05.110 (2) and (3).
(3) For the purposes of RCW 25.05.255(1)(c) and
25.05.260(2)(c), a person not a partner is deemed to have
notice of the dissociation ninety days after the statement of
dissociation is filed. [1998 c 103 § 704.]
25.05.270 Continued use of partnership name.
Continued use of a partnership name, or a dissociated
partner’s name as part thereof, by partners continuing the
business does not of itself make the dissociated partner liable
for an obligation of the partners or the partnership continuing
the business. [1998 c 103 § 705.]
ARTICLE 8
WINDING UP PARTNERSHIP BUSINESS
25.05.300 Events causing dissolution and winding
up of partnership business. A partnership is dissolved, and
its business must be wound up, only upon the occurrence of
any of the following events:
(1) In a partnership at will, the partnership’s having
notice from a partner, other than a partner who is dissociated
under RCW 25.05.225 (2) through (10), of that partner’s
express will to withdraw as a partner, or on a later date
specified by the partner;
(2) In a partnership for a definite term or particular
undertaking:
(a) Within ninety days after a partner’s dissociation by
death or otherwise under RCW 25.05.225 (6) through (10)
or wrongful dissociation under RCW 25.05.230(2) if a
majority of the remaining partners decide to wind up the
partnership business, and for purposes of this subsection a
partner’s rightful dissociation pursuant to RCW
25.05.230(2)(b)(i) constitutes the expression of that partner’s
will to wind up the partnership business;
(b) The express will of all of the partners to wind up the
partnership business; or
(2002 Ed.)
25.05.260
(c) The expiration of the term or the completion of the
undertaking;
(3) An event agreed to in the partnership agreement
resulting in the winding up of the partnership business;
(4) An event that makes it unlawful for all or substantially all of the business of the partnership to be continued,
but a cure of illegality within ninety days after notice to the
partnership of the event is effective retroactively to the date
of the event for purposes of this section;
(5) On application by a partner, a judicial determination
that:
(a) The economic purpose of the partnership is likely to
be unreasonably frustrated;
(b) Another partner has engaged in conduct relating to
the partnership business which makes it not reasonably
practicable to carry on the business in partnership with that
partner; or
(c) It is not otherwise reasonably practicable to carry on
the partnership business in conformity with the partnership
agreement; or
(6) On application by a transferee of a partner’s transferable interest, a judicial determination that it is equitable to
wind up the partnership business:
(a) After the expiration of the term or completion of the
undertaking, if the partnership was for a definite term or
particular undertaking at the time of the transfer or entry of
the charging order that gave rise to the transfer; or
(b) At any time, if the partnership was a partnership at
will at the time of the transfer or entry of the charging order
that gave rise to the transfer. [1998 c 103 § 801.]
25.05.305 Partnership continues after dissolution.
(1) Subject to subsection (2) of this section, a partnership
continues after dissolution only for the purpose of winding
up its business. The partnership is terminated when the
winding up of its business is completed.
(2) At any time after the dissolution of a partnership and
before the winding up of its business is completed, all of the
partners, including any dissociating partner other than a
wrongfully dissociating partner, may waive the right to have
the partnership’s business wound up and the partnership
terminated. In that event:
(a) The partnership resumes carrying on its business as
if dissolution had never occurred, and any liability incurred
by the partnership or a partner after the dissolution and
before the waiver is determined as if dissolution had never
occurred; and
(b) The rights of a third party accruing under RCW
25.05.315(1) or arising out of conduct in reliance on the
dissolution before the third party knew or received a notification of the waiver may not be adversely affected. [1998
c 103 § 802.]
25.05.310 Right to wind up partnership business.
(1) After dissolution, a partner who has not wrongfully
dissociated may participate in winding up the partnership’s
business, but on application of any partner, partner’s legal
representative, or transferee, the superior court, for good
cause shown, may order judicial supervision of the winding
up.
[Title 25 RCW—page 11]
25.05.310
Title 25 RCW: Partnerships
(2) The legal representative of the last surviving partner
may wind up a partnership’s business.
(3) A person winding up a partnership’s business may
preserve the partnership business or property as a going
concern for a reasonable time, prosecute and defend actions
and proceedings, whether civil, criminal, or administrative,
settle and close the partnership’s business, dispose of and
transfer the partnership’s property, discharge the
partnership’s liabilities, distribute the assets of the partnership pursuant to RCW 25.05.330, settle disputes by mediation or arbitration, and perform other necessary acts. [1998
c 103 § 803.]
25.05.315 Partner’s power to bind partnership after
dissolution. Subject to RCW 25.05.320, a partnership is
bound by a partner’s act after dissolution that:
(1) Is appropriate for winding up the partnership
business; or
(2) Would have bound the partnership under RCW
25.05.100 before dissolution, if the other party to the
transaction did not have notice of the dissolution. [1998 c
103 § 804.]
25.05.320 Statement of dissolution. (1) After
dissolution, a partner who has not wrongfully dissociated
may file a statement of dissolution stating the name of the
partnership and that the partnership has dissolved and is
winding up its business.
(2) A statement of dissolution cancels all previously
filed statements of partnership authority.
(3) For the purposes of RCW 25.05.100 and 25.05.315,
a person not a partner is deemed to have notice of the
dissolution and the limitation on the partners’ authority as a
result of the statement of dissolution ninety days after it is
filed.
(4) After filing a statement of dissolution, a dissolved
partnership may file a statement of partnership authority
which will operate with respect to a person not a partner as
provided in RCW 25.05.110 (2) and (3) in any transaction,
whether or not the transaction is appropriate for winding up
the partnership business. [1998 c 103 § 805.]
25.05.325 Partner’s liability to other partners after
dissolution. (1) Except as otherwise provided in subsection
(2) of this section, after dissolution a partner is liable to the
other partners for the partner’s share of any partnership
liability incurred under RCW 25.05.315.
(2) A partner who, with knowledge of the dissolution,
incurs a partnership liability under RCW 25.05.315(2) by an
act that is not appropriate for winding up the partnership
business is liable to the partnership for any damage caused
to the partnership arising from the liability. [1998 c 103 §
806.]
25.05.330 Settlement of accounts and contributions
among partners. (1) In winding up a partnership’s business, the assets of the partnership, including the contributions
of the partners required by this section, must be applied to
discharge its obligations to creditors, including, to the extent
permitted by law, partners who are creditors. Any surplus
must be applied to pay in cash the net amount distributable
[Title 25 RCW—page 12]
to partners in accordance with their right to distributions
under subsection (2) of this section.
(2) Each partner is entitled to a settlement of all
partnership accounts upon winding up the partnership
business. In settling accounts among the partners, profits
and losses that result from the liquidation of the partnership
assets must be credited and charged to the partners’ accounts. The partnership shall make a distribution to a
partner in an amount equal to any excess of the credits over
the charges in the partner’s account. A partner shall contribute to the partnership an amount equal to any excess of the
charges over the credits in the partner’s account, except, in
the case of a limited liability partnership the partner shall
make such contribution only to the extent of his or her share
of any unpaid partnership obligations for which the partner
has personal liability under RCW 25.05.125.
(3) If a partner fails to contribute the full amount
required under subsection (2) of this section, all of the other
partners shall contribute, in the proportions in which those
partners share partnership losses, the additional amount
necessary to satisfy the partnership obligations for which
they are personally liable under RCW 25.05.125. A partner
or partner’s legal representative may recover from the other
partners any contributions the partner makes to the extent the
amount contributed exceeds that partner’s share of the
partnership obligations for which the partner is personally
liable under RCW 25.05.125.
(4) After the settlement of accounts, each partner shall
contribute, in the proportion in which the partner shares
partnership losses, the amount necessary to satisfy partnership obligations that were not known at the time of the
settlement and for which the partner is personally liable
under RCW 25.05.125.
(5) The estate of a deceased partner is liable for the
partner’s obligation to contribute to the partnership.
(6) An assignee for the benefit of creditors of a partnership or a partner, or a person appointed by a court to
represent creditors of a partnership or a partner, may enforce
a partner’s obligation to contribute to the partnership. [1998
c 103 § 807.]
ARTICLE 9
CONVERSIONS AND MERGERS
25.05.350 Definitions. The definitions in this article
[section] apply throughout this article unless the context
clearly requires otherwise:
(1) "General partner" means a partner in a partnership
and a general partner in a limited partnership.
(2) "Limited partner" means a limited partner in a
limited partnership.
(3) "Limited partnership" means a limited partnership
created under the Washington uniform limited partnership
act, predecessor law, or comparable law of another jurisdiction.
(4) "Partner" includes both a general partner and a
limited partner. [1998 c 103 § 901.]
25.05.355 Conversion of partnership to limited
partnership. (1) A partnership may be converted to a
limited partnership pursuant to this section.
(2002 Ed.)
Revised Uniform Partnership Act
(2) The terms and conditions of a conversion of a
partnership to a limited partnership must be approved by all
of the partners or by a number or percentage specified for
conversion in the partnership agreement.
(3) After the conversion is approved by the partners, the
partnership shall file a certificate of limited partnership in
the jurisdiction in which the limited partnership is to be
formed. The certificate must include:
(a) A statement that the partnership was converted to a
limited partnership from a partnership;
(b) Its former name; and
(c) A statement of the number of votes cast by the
partners for and against the conversion and, if the vote is
less than unanimous, the number or percentage required to
approve the conversion under the partnership agreement.
(4) If the partnership was converted to a domestic
limited partnership, the certificate must also include:
(a) The name of the limited partnership;
(b) The address of the office for records and the name
and address of the agent for service of process appointed
pursuant to RCW 25.10.040;
(c) The name and the geographical and mailing address
of each general partner;
(d) The latest date upon which the limited partnership
is to dissolve; and
(e) Any other matters the general partners determine to
include therein.
(5) The conversion takes effect when the certificate of
limited partnership is filed or at any later date specified in
the certificate.
(6) A general partner who becomes a limited partner as
a result of the conversion remains liable as a general partner
for an obligation incurred by the partnership before the
conversion takes effect. If the other party to a transaction
with the limited partnership reasonably believes when
entering the transaction that the limited partner is a general
partner, the limited partner is liable for an obligation
incurred by the limited partnership within ninety days after
the conversion takes effect. The limited partner’s liability
for all other obligations of the limited partnership incurred
after the conversion takes effect is that of a limited partner
as provided in the Washington uniform limited partnership
act. [1998 c 103 § 902.]
25.05.360 Conversion of limited partnership to
partnership. (1) A limited partnership may be converted to
a partnership pursuant to this section.
(2) Notwithstanding a provision to the contrary in a
limited partnership agreement, the terms and conditions of a
conversion of a limited partnership to a partnership must be
approved by all of the partners.
(3) After the conversion is approved by the partners, the
limited partnership shall cancel its certificate of limited
partnership.
(4) The conversion takes effect when the certificate of
limited partnership is canceled.
(5) A limited partner who becomes a general partner as
a result of the conversion remains liable only as a limited
partner for an obligation incurred by the limited partnership
before the conversion takes effect. Except as otherwise
provided in RCW 25.05.125, the partner is liable as a
(2002 Ed.)
25.05.355
general partner for an obligation of the partnership incurred
after the conversion takes effect. [1998 c 103 § 903.]
25.05.365 Effect of conversion—Entity unchanged.
(1) A partnership or limited partnership that has been
converted pursuant to this article is for all purposes the same
entity that existed before the conversion.
(2) When a conversion takes effect:
(a) All property owned by the converting partnership or
limited partnership remains vested in the converted entity;
(b) All obligations of the converting partnership or
limited partnership continue as obligations of the converted
entity; and
(c) An action or proceeding pending against the converting partnership or limited partnership may be continued as
if the conversion had not occurred. [1998 c 103 § 904.]
25.05.370 Merger of partnerships. (1) One or more
domestic partnerships may merge with one or more domestic
partnerships, domestic limited partnerships, domestic limited
liability companies, or domestic corporations pursuant to a
plan of merger approved or adopted as provided in RCW
25.05.375.
(2) The plan of merger must set forth:
(a) The name of each partnership, limited liability
company, limited partnership, and corporation planning to
merge and the name of the surviving partnership, limited
liability company, limited partnership, or corporation into
which the other partnership, limited liability company,
limited partnership, or corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the interests of
each member of each limited liability company, the partnership interests in each partnership and each limited partnership, and the shares of each corporation party to the merger
into the interests, shares, obligations, or other securities of
the surviving or any other partnership, limited liability
company, limited partnership, or corporation or into cash or
other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of formation of the
surviving limited liability company;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(c) Amendments to the articles of incorporation of the
surviving corporation; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed
effective date, it shall become effective upon the filing of
articles of merger. If the plan of merger specifies a delayed
effective time and date, the plan of merger becomes effective
at the time and date specified. If the plan of merger
specifies a delayed effective date but no time is specified,
the plan of merger is effective at the close of business on
that date. A delayed effective date for a plan of merger may
not be later than the ninetieth day after the date it is filed.
[1998 c 103 § 905.]
25.05.375 Merger—Plan—Approval. (1) Unless
otherwise provided in the partnership agreement, approval of
a plan of merger by a domestic partnership party to the
[Title 25 RCW—page 13]
25.05.375
Title 25 RCW: Partnerships
merger shall occur when the plan is approved by all of the
partners.
(2) If a domestic limited partnership is a party to the
merger, the plan of merger shall be adopted and approved as
provided in RCW 25.10.810.
(3) If a domestic limited liability company is a party to
the merger, the plan of merger shall be adopted and approved as provided in RCW 25.15.400.
(4) If a domestic corporation is a party to the merger,
the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW. [1998 c 103 § 906.]
25.05.380 Articles of merger—Filing. (1) Except as
otherwise provided in subsection (2) of this section, after a
plan of merger is approved or adopted, the surviving
partnership, limited liability company, limited partnership, or
corporation shall deliver to the secretary of state for filing
articles of merger setting forth:
(a) The plan of merger;
(b) If the approval of any partners, members, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger
was not required, a statement to that effect; or
(c) If the approval of any partners, members, or shareholders of one or more of the partnerships, limited liability
companies, limited partnerships, or corporations party to the
merger was required, a statement that the merger was duly
approved by such members, partners, and shareholders
pursuant to RCW 25.15.400, 25.05.375, or chapter 23B.11
RCW.
(2) If the merger involves only two or more partnerships
and one or more of such partnerships has filed a statement
of partnership authority with the secretary of state, the
surviving partnership shall file articles of merger as provided
in subsection (1) of this section. [1998 c 103 § 907.]
25.05.385 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited liability company,
limited partnership, or corporation that is party to the merger
merges into the surviving partnership, limited liability
company, limited partnership, or corporation and the separate
existence of every partnership, limited liability company,
limited partnership, or corporation except the surviving
partnership, limited liability company, limited partnership, or
corporation ceases;
(b) The title to all real estate and other property owned
by each partnership, limited liability company, limited
partnership, and corporation party to the merger is vested in
the surviving partnership, limited liability company, limited
partnership, or corporation without reversion or impairment;
(c) The surviving partnership, limited liability company,
limited partnership, or corporation has all liabilities of each
partnership, limited liability company, limited partnership,
and corporation that is party to the merger;
(d) A proceeding pending against any partnership,
limited liability company, limited partnership, or corporation
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited liability
company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability
[Title 25 RCW—page 14]
company, limited partnership, or corporation whose existence
ceased;
(e) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger;
(f) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(g) The articles of incorporation of the surviving
corporation are amended to the extent provided in the plan
of merger; and
(h) The former members of every limited liability
company party to the merger, the former holders of the
partnership interests of every domestic partnership or limited
partnership that is party to the merger, and the former
holders of the shares of every domestic corporation that is
party to the merger are entitled only to the rights provided
in the plan of merger, or to their rights under this article, to
their rights under RCW 25.10.900 through 25.10.955, or to
their rights under chapter 23B.13 RCW.
(2) Unless otherwise agreed, a merger of a domestic
partnership, including a domestic partnership which is not
the surviving entity in the merger, shall not require the
domestic partnership to wind up its affairs under article 8 of
this chapter.
(3) Unless otherwise agreed, a merger of a domestic
limited partnership, including a domestic limited partnership
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(4) Unless otherwise agreed, a merger of a domestic
limited liability company, including a domestic limited
liability company which is not the surviving entity in the
merger, shall not require the domestic limited liability
company to wind up its affairs under RCW 25.15.295 or pay
its liabilities and distribute its assets under RCW 25.15.300.
[1998 c 103 § 908.]
25.05.390 Merger—Foreign and domestic. (1) One
or more foreign partnerships, foreign limited liability
companies, foreign limited partnerships, and foreign corporations may merge with one or more domestic partnerships,
domestic limited liability companies, domestic limited
partnerships, or domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction under which each foreign partnership was organized,
each foreign limited liability company was formed, each
foreign limited partnership was organized, and each foreign
corporation was incorporated, and each foreign partnership,
foreign limited liability company, foreign limited partnership,
and foreign corporation complies with that law in effecting
the merger;
(b) The surviving entity complies with RCW 25.05.380;
(c) Each domestic limited liability company complies
with RCW 25.15.400;
(d) Each domestic limited partnership complies with
RCW 25.10.810; and
(e) Each domestic corporation complies with RCW
23B.11.080.
(2002 Ed.)
Revised Uniform Partnership Act
(2) Upon the merger taking effect, a surviving foreign
limited liability company, limited partnership, or corporation
is deemed to appoint the secretary of state as its agent for
service of process in a proceeding to enforce any obligation
or the rights of dissenting members, partners, or shareholders
of each domestic limited liability company, domestic limited
partnership, or domestic corporation party to the merger.
[1998 c 103 § 909.]
25.05.395 Nonexclusive. This article is not exclusive.
Partnerships, limited partnerships, limited liability companies,
or corporations may be converted or merged in any other
manner provided by law. [1998 c 103 § 910.]
ARTICLE 10
DISSENTERS’ RIGHTS
25.05.420 Definitions. The definitions in this section
apply throughout this article, unless the context clearly
requires otherwise.
(1) "Partnership" means the domestic partnership in
which the dissenter holds or held a partnership interest, or
the surviving partnership, limited liability company, limited
partnership, or corporation by merger, whether foreign or
domestic, of that partnership.
(2) "Dissenter" means a partner who is entitled to
dissent from a plan of merger and who exercises that right
when and in the manner required by this article.
(3) "Fair value," with respect to a dissenter’s partnership
interest, means the value of the partner’s interest immediately before the effectuation of the merger to which the
dissenter objects, excluding any appreciation or depreciation
in anticipation of the merger unless exclusion would be
inequitable.
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate
currently paid by the partnership on its principal bank loans
or, if none, at a rate that is fair and equitable under all the
circumstances. [1998 c 103 § 1001.]
25.05.425 Partner—Dissent—Payment of fair value.
(1) Except as provided in RCW 25.05.435 or 25.05.445(2),
a partner in a domestic partnership is entitled to dissent
from, and obtain payment of the fair value of the partner’s
interest in a partnership in the event of consummation of a
plan of merger to which the partnership is a party as
permitted by RCW 25.05.370 or 25.05.390.
(2) A partner entitled to dissent and obtain payment for
the partner’s interest in a partnership under this article may
not challenge the merger creating the partner’s entitlement
unless the merger fails to comply with the procedural
requirements imposed by this title, Title 23B RCW, RCW
25.10.800 through 25.10.840, or 25.15.430, as applicable, or
the partnership agreement, or is fraudulent with respect to
the partner or the partnership.
(3) The right of a dissenting partner in a partnership to
obtain payment of the fair value of the partner’s interest in
the partnership shall terminate upon the occurrence of any
one of the following events:
(a) The proposed merger is abandoned or rescinded;
(2002 Ed.)
25.05.390
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
(c) The partner’s demand for payment is withdrawn with
the written consent of the partnership. [1998 c 103 § 1002.]
25.05.430 Dissenters’ rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the partnership must send a written notice to all
partners who are entitled to vote on or approve the plan of
merger that they may be entitled to assert dissenters’ rights
under this article. Such notice shall be accompanied by a
copy of this article.
(2) The partnership shall notify in writing all partners
not entitled to vote on or approve the plan of merger that the
plan of merger was approved, and send them the dissenters’
notice as required by RCW 25.05.440. [1998 c 103 § 1003.]
25.05.435 Partner—Dissent—Voting restriction. A
partner of a partnership who is entitled to vote on or approve
the plan of merger and who wishes to assert dissenters’
rights must not vote in favor of or approve the plan of
merger. A partner who does not satisfy the requirements of
this section is not entitled to payment for the partner’s
interest in the partnership under this article. [1998 c 103 §
1004.]
25.05.440 Partners—Dissenters’ notice—
Requirements. (1) If the plan of merger is approved, the
partnership shall deliver a written dissenters’ notice to all
partners who satisfied the requirements of RCW 25.05.435.
(2) The dissenters’ notice required by RCW
25.05.430(2) or by subsection (1) of this section must be
sent within ten days after the approval of the plan of merger,
and must:
(a) State where the payment demand must be sent;
(b) Inform partners as to the extent transfer of the
partner’s interest in the partnership will be restricted as
permitted by RCW 25.05.450 after the payment demand is
received;
(c) Supply a form for demanding payment;
(d) Set a date by which the partnership must receive the
payment demand, which date may not be fewer than thirty
nor more than sixty days after the date the notice under this
section is delivered; and
(e) Be accompanied by a copy of this article. [1998 c
103 § 1005.]
25.05.445 Partner—Payment demand—Entitlement.
(1) A partner who demands payment retains all other rights
of a partner in the partnership until the proposed merger
becomes effective.
(2) A partner in a partnership sent a dissenters’ notice
who does not demand payment by the date set in the
dissenters’ notice is not entitled to payment for the partner’s
interest in the partnership under this article. [1998 c 103 §
1006.]
25.05.450 Partners’ interests—Transfer restriction.
The partnership agreement may restrict the transfer of
partners’ interests in the partnership from the date the
demand for their payment is received until the proposed
[Title 25 RCW—page 15]
25.05.450
Title 25 RCW: Partnerships
merger becomes effective or the restriction is released under
this article. [1998 c 103 § 1007.]
25.05.455 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date
the proposed merger becomes effective, or the payment
demand is received, the partnership shall pay each dissenter
who complied with RCW 25.05.445 the amount the partnership estimates to be the fair value of the dissenting partner’s
interest in the partnership, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the partnership
for its most recent fiscal year;
(b) An explanation of how the partnership estimated the
fair value of the partner’s interest in the partnership;
(c) An explanation of how the accrued interest was
calculated;
(d) A statement of the dissenter’s right to demand payment; and
(e) A copy of this article. [1998 c 103 § 1008.]
25.05.460 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the partnership shall release any
transfer restrictions imposed as permitted by RCW
25.05.450.
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the partnership must send a new
dissenters’ notice as provided in RCW 25.05.430(2) and
25.05.440 and repeat the payment demand procedure. [1998
c 103 § 1009.]
25.05.465 Dissenter’s estimate of fair value—Notice.
(1) A dissenting partner may notify the partnership in writing
of the dissenter’s own estimate of the fair value of the
dissenter’s interest in the partnership, and amount of interest
due, and demand payment of the dissenter’s estimate, less
any payment under RCW 25.05.460, if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter’s interest in the partnership, or that the interest due is incorrectly calculated;
(b) The partnership fails to make payment within sixty
days after the date set for demanding payment; or
(c) The partnership, having failed to effectuate the
proposed merger, does not release the transfer restrictions
imposed on the partners’ interests as permitted by RCW
25.05.450 within sixty days after the date set for demanding
payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the partnership
of the dissenter’s demand in writing under subsection (1) of
this section within thirty days after the partnership made
payment for the dissenter’s interest in the partnership. [1998
c 103 § 1010.]
25.05.470 Unsettled demand for payment—
Proceeding—Parties—Appraisers. (1) If a demand for
payment under RCW 25.05.445 remains unsettled, the
partnership shall commence a proceeding within sixty days
after receiving the payment demand and petition the court to
[Title 25 RCW—page 16]
determine the fair value of the dissenting partner’s interest
in the partnership, and accrued interest. If the partnership
does not commence the proceeding within the sixty-day
period, it shall pay each dissenter whose demand remains
unsettled the amount demanded.
(2) The partnership shall commence the proceeding in
the superior court. If the partnership is a domestic partnership, it shall commence the proceeding in the county where
its chief executive office is maintained.
(3) The partnership shall make all dissenters, whether or
not residents of this state, whose demands remain unsettled
parties to the proceeding as in an action against their
partnership interests in the partnership and all parties must
be served with a copy of the petition. Nonresidents may be
served by registered or certified mail or by publication as
provided by law.
(4) The partnership may join as a party to the proceeding any partner who claims to be a dissenter but who has
not, in the opinion of the partnership, complied with the
provisions of this article. If the court determines that such
partner has not complied with the provisions of this article,
the partner shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair
value. The appraisers have the powers described in the
order appointing them or in any amendment to it. The
dissenters are entitled to the same discovery rights as parties
in other civil proceedings.
(6) Each dissenter made a party to the proceeding is
entitled to judgment for the amount, if any, by which the
court finds the fair value of the dissenter’s partnership
interest in the partnership, plus interest, exceeds the amount
paid by the partnership. [1998 c 103 § 1011.]
25.05.475 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.05.470 shall determine all
costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The
court shall assess the costs against the partnership, except
that the court may assess the costs against all or some of the
dissenters, in amounts the court finds equitable, to the extent
the court finds the dissenters acted arbitrarily, vexatiously, or
not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the partnership and in favor of any or all
dissenters if the court finds the partnership did not substantially comply with the requirements of this article; or
(b) Against either the partnership or a dissenter, in favor
of any other party, if the court finds that the party against
whom the fees and expenses are assessed acted arbitrarily,
vexatiously, or not in good faith with respect to the rights
provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should
not be assessed against the partnership, the court may award
(2002 Ed.)
Revised Uniform Partnership Act
to these counsel reasonable fees to be paid out of the
amounts awarded to the dissenters who were benefited.
[1998 c 103 § 1012.]
ARTICLE 11
LIMITED LIABILITY PARTNERSHIP
25.05.500 Formation—Registration—Application—
Fee—Forms. (1) A partnership which is not a limited
liability partnership on June 11, 1998, may become a limited
liability partnership upon the approval of the terms and
conditions upon which it becomes a limited liability partnership by the vote necessary to amend the partnership agreement except, in the case of a partnership agreement that
expressly considers obligations to contribute to the partnership, the vote necessary to amend those provisions, and by
filing the applications required by subsection (2) of this
section. A partnership which is a limited liability partnership
on June 11, 1998, continues as a limited liability partnership
under this chapter.
(2) To become and to continue as a limited liability
partnership, a partnership shall file with the secretary of state
an application stating the name of the partnership; the
address of its principal office; if the partnership’s principal
office is not located in this state, the address of a registered
office and the name and address of a registered agent for
service of process in this state which the partnership will be
required to maintain; the number of partners; a brief statement of the business in which the partnership engages; any
other matters that the partnership determines to include; and
that the partnership thereby applies for status as a limited liability partnership.
(3) The application shall be accompanied by a fee of
one hundred seventy-five dollars for each partnership.
(4) The secretary of state shall register as a limited
liability partnership any partnership that submits a completed
application with the required fee.
(5) A partnership registered under this section shall pay
an annual fee, in each year following the year in which its
application is filed, on a date and in an amount specified by
the secretary of state. The fee must be accompanied by a
notice, on a form provided by the secretary of state, of the
number of partners currently in the partnership and of any
material changes in the information contained in the
partnership’s application for registration.
(6) Registration is effective immediately after the date
an application is filed, and remains effective until:
(a) It is voluntarily withdrawn by filing with the
secretary of state a written withdrawal notice executed by a
majority of the partners or by one or more partners or other
persons authorized to execute a withdrawal notice; or
(b) Thirty days after receipt by the partnership of a
notice from the secretary of state, which notice shall be sent
by first class mail, postage prepaid, that the partnership has
failed to make timely payment of the annual fee specified in
subsection (5) of this section, unless the fee is paid within
such a thirty-day period.
(7) The status of a partnership as a limited liability partnership, and the liability of the partners thereof, shall not be
affected by: (a) Errors in the information stated in an
application under subsection (2) of this section or a notice
(2002 Ed.)
25.05.475
under subsection (6) of this section; or (b) changes after the
filing of such an application or notice in the information
stated in the application or notice.
(8) The secretary of state may provide forms for the
application under subsection (2) of this section or a notice
under subsection (6) of this section. [1998 c 103 § 1101.]
25.05.505 Name. The name of a limited liability
partnership shall contain the words "limited liability partnership" or the abbreviation "L.L.P." or "LLP" as the last words
or letters of its name. [1998 c 103 § 1102.]
25.05.510 Rendering professional services. (1) A
person or group of persons licensed or otherwise legally
authorized to render professional services, as defined in
RCW 18.100.030, within this state may organize and become
a member or members of a limited liability partnership under
the provisions of this chapter for the purposes of rendering
professional service. Nothing in this section prohibits a
person duly licensed or otherwise legally authorized to
render professional services in any jurisdiction other than
this state from becoming a member of a limited liability
partnership organized for the purpose of rendering the same
professional services. Nothing in this section prohibits a
limited liability partnership from rendering professional
services outside this state through individuals who are not
duly licensed or otherwise legally authorized to render such
professional services within this state.
(2)(a) Notwithstanding any other provision of this
chapter, health care professionals who are licensed or
certified pursuant to chapters 18.06, 18.225, 18.22, 18.25,
18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.64,
18.79, 18.83, 18.89, 18.108, and 18.138 RCW may join and
render their individual professional services through one
limited liability partnership and are to be considered, for the
purpose of forming a limited liability partnership, as rendering the "same specific professional services" or "same
professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are licensed pursuant to
chapters 18.57 and 18.71 RCW may join and render their
individual professional services through one limited liability
partnership and are to be considered, for the purpose of
forming a limited liability partnership, as rendering the
"same specific professional services" or "same professional
services" or similar terms.
(c) Formation of a limited liability partnership under this
subsection does not restrict the application of the uniform
disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW,
including but not limited to restrictions on persons practicing
a health profession without being appropriately credentialed
and persons practicing beyond the scope of their credential.
[2001 c 251 § 31; 1998 c 103 § 1103.]
Severability—2001 c 251: See RCW 18.225.900.
ARTICLE 12
FOREIGN LIMITED LIABILITY PARTNERSHIP
25.05.550 Law governing foreign limited liability
partnership. (1) The law under which a foreign limited
[Title 25 RCW—page 17]
25.05.550
Title 25 RCW: Partnerships
liability partnership is formed governs relations among the
partners and between the partners and the partnership and,
except as otherwise provided in RCW 25.05.125(4), the
liability of partners for obligations of the partnership.
(2) A foreign limited liability partnership may not be
denied a statement of foreign qualification by reason of any
difference between the law under which the partnership was
formed and the law of this state.
(3) A statement of foreign qualification does not
authorize a foreign limited liability partnership to engage in
any business or exercise any power that a partnership may
not engage in or exercise in this state as a limited liability
partnership. [1998 c 103 § 1201.]
25.05.555 Statement of foreign qualification. Before
transacting business in this state, a foreign limited liability
partnership must register with the secretary of state under
this chapter in the same manner as a limited liability
partnership, except that if the foreign limited liability
partnership’s name contains the words "registered limited
liability partnership" or the abbreviation "R.L.L.P." or
"RLLP," it may include those words or abbreviations in its
application with the secretary of state. [1998 c 103 § 1202.]
25.05.560 Effect of failure to qualify. (1) A foreign
limited liability partnership transacting business in this state
may not maintain an action or proceeding in this state unless
it has in effect a registration as a foreign limited liability
partnership.
(2) The failure of a foreign limited liability partnership
to have in effect a registration as a foreign limited liability
partnership does not impair the validity of a contract or act
of the foreign limited liability partnership or preclude it from
defending an action or proceeding in this state.
(3) A limitation on personal liability of a partner is not
waived solely by transacting business in this state without
registration as a foreign limited liability partnership.
(4) If a foreign limited liability partnership transacts
business in this state without a registration as a foreign
limited liability partnership, the secretary of state is its agent
for service of process with respect to a right of action arising
out of the transaction of business in this state. [1998 c 103
§ 1203.]
25.05.565 Activities not constituting transacting
business. (1) Activities of a foreign limited liability
partnership which do not constitute transacting business for
the purpose of this article include:
(a) Maintaining, defending, or settling an action or
proceeding;
(b) Holding meetings of its partners or carrying on any
other activity concerning its internal affairs;
(c) Maintaining bank accounts;
(d) Maintaining offices or agencies for the transfer, exchange, and registration of the partnership’s own securities
or maintaining trustees or depositories with respect to those
securities;
(e) Selling through independent contractors;
(f) Soliciting or obtaining orders, whether by mail or
through employees or agents or otherwise, if the orders
[Title 25 RCW—page 18]
require acceptance outside this state before they become
contracts;
(g) Creating or acquiring indebtedness, with or without
a mortgage, or other security interest in property;
(h) Collecting debts or foreclosing mortgages or other
security interests in property securing the debts, and holding,
protecting, and maintaining property so acquired;
(i) Conducting an isolated transaction that is completed
within thirty days and is not one in the course of similar
transactions; and
(j) Transacting business in interstate commerce.
(2) For purposes of this article, the ownership in this
state of income-producing real property or tangible personal
property, other than property excluded under subsection (1)
of this section, constitutes transacting business in this state.
(3) This section does not apply in determining the
contacts or activities that may subject a foreign limited
liability partnership to service of process, taxation, or
regulation under any other law of this state. [1998 c 103 §
1204.]
25.05.570 Action by attorney general. The attorney
general may maintain an action to restrain a foreign limited
liability partnership from transacting business in this state in
violation of this chapter. [1998 c 103 § 1205.]
ARTICLE 13
MISCELLANEOUS PROVISIONS
25.05.901 Dates of applicability. (1) Before January
1, 1999, this chapter governs only a partnership formed:
(a) After June 11, 1998, unless that partnership is
continuing the business of a dissolved partnership under
*RCW 25.04.410; and
(b) Before June 11, 1998, that elects, as provided by
subsection (3) of this section, to be governed by this chapter.
(2) Effective January 1, 1999, this chapter governs all
partnerships.
(3) Before January 1, 1999, a partnership voluntarily
may elect, in the manner provided in its partnership agreement or by law for amending the partnership agreement, to
be governed by this chapter. The provisions of this chapter
relating to the liability of the partnership’s partners to third
parties apply to limit those partners’ liability to a third party
who had done business with the partnership within one year
preceding the partnership’s election to be governed by this
chapter, only if the third party knows or has received a
notification of the partnership’s election to be governed by
this chapter. [1998 c 103 § 1304.]
*Reviser’s note: RCW 25.04.410 was repealed by 1998 c 103 §
1308, effective January 1, 1999.
25.05.902 Establishment of filing fees and miscellaneous charges—Secretary of state. (1) The secretary of
state shall adopt rules establishing fees which shall be
charged and collected for:
(a) Filing of a statement;
(b) Filing of a certified copy of a statement that is filed
in an office in another state;
(2002 Ed.)
Revised Uniform Partnership Act
(c) Filing amendments to any of the foregoing or any
other certificate, statement, or report authorized or permitted
to be filed; and
(d) Copies, certified copies, certificates, and expedited
filings or other special services.
(2) In the establishment of a fee schedule, the secretary
of state shall, insofar as is possible and reasonable, be
guided by the fee schedule provided for corporations covered
by Title 23B RCW. Fees for copies, certified copies, and
certificates of record shall be as provided for in RCW
23B.01.220.
(3) All fees collected by the secretary of state shall be
deposited with the state treasurer pursuant to law. [1998 c
103 § 1306.]
25.05.903 Authority to adopt rules—Secretary of
state. The secretary of state shall adopt such rules as are
necessary to implement the keeping of records required by
this chapter. [1998 c 103 § 1307.]
25.05.904 Uniformity of application and construction—1998 c 103. This act shall be applied and construed
to effectuate its general purpose to make uniform the law
with respect to the subject of this act among states enacting
it. [1998 c 103 § 1301.]
25.05.905 Short title—1998 c 103. This chapter may
be cited as the Washington revised uniform partnership act.
[1998 c 103 § 1302.]
25.05.906 Severability clause—1998 c 103. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1998 c 103 § 1303.]
25.05.907 Savings clause—1998 c 103. This act does
not affect an action or proceeding commenced or right
accrued before June 11, 1998. [1998 c 103 § 1305.]
Chapter 25.10
LIMITED PARTNERSHIPS
Sections
ARTICLE 1
GENERAL PROVISIONS
25.10.005
25.10.010
25.10.020
25.10.030
25.10.040
25.10.050
25.10.060
25.10.070
25.10.075
25.10.079
Periodic reports required—Contents—Due dates—Rules.
Definitions.
Name.
Reservation of name.
Registered office and agent.
Records to be kept.
Nature of business.
Business transactions of partner with the partnership.
Indemnification of agents of any corporation authorized.
Notice of continued activity—Administrative activity—
Limited application.
ARTICLE 2
FORMATION; CERTIFICATE OF LIMITED PARTNERSHIP
25.10.080
25.10.090
25.10.100
(2002 Ed.)
Certificate of limited partnership.
Amendment to certificate—Restatement of certificate.
Cancellation of certificate.
25.10.110
25.10.120
25.10.130
25.10.140
25.10.150
25.10.160
25.05.902
Execution of documents.
Execution of certificate by judicial act.
Filing in office of secretary of state.
Liability for false statement in certificate.
Notice.
Delivery of certificates to limited partners.
ARTICLE 3
LIMITED PARTNERS
25.10.170
25.10.180
25.10.190
25.10.200
25.10.210
Admission of limited partners.
Voting.
Liability to third parties.
Person erroneously believing that he or she is limited partner.
Information.
ARTICLE 4
GENERAL PARTNERS
25.10.220
25.10.230
25.10.240
25.10.250
25.10.260
Admission of additional general partners.
Events of withdrawal of general partner.
General powers and liabilities of general partner.
Contributions by a general partner.
Voting.
ARTICLE 5
FINANCE
25.10.270
25.10.280
25.10.290
25.10.300
Form of contribution.
Liability for contributions.
Sharing of profits and losses.
Sharing of distributions.
ARTICLE 6
DISTRIBUTIONS AND WITHDRAWAL
25.10.310
25.10.320
25.10.330
25.10.340
25.10.350
25.10.360
25.10.370
Interim distributions.
Withdrawal of general partner.
Withdrawal of limited partner.
Distribution upon withdrawal.
Distribution in kind.
Right to distribution.
Limitations on distributions.
ARTICLE 7
ASSIGNMENT OF PARTNERSHIP INTERESTS
25.10.390
25.10.400
25.10.410
25.10.420
25.10.430
Nature of partnership interest.
Assignment of partnership interest—Certificate of partnership interest.
Rights of creditor.
Right of assignee to become limited partner.
Power of estate of deceased or incompetent partner.
ARTICLE 8
DISSOLUTION
25.10.440
25.10.450
25.10.453
25.10.455
25.10.457
25.10.460
25.10.470
Nonjudicial dissolution.
Judicial dissolution.
Administrative dissolution—Commencement of proceeding.
Administrative dissolution—Notice—Opportunity to correct
deficiencies.
Administrative dissolution—Reinstatement—Application—
When effective.
Winding up.
Distribution of assets.
ARTICLE 9
FOREIGN LIMITED PARTNERSHIPS
25.10.480
25.10.490
25.10.500
25.10.510
25.10.520
25.10.530
25.10.540
25.10.550
25.10.553
25.10.555
Law governing.
Registration.
Issuance of registration.
Name—Foreign limited partnership.
Changes and amendments.
Cancellation of registration.
Transaction of business without registration.
Action by secretary of state.
Revocation of registration—Commencement of proceeding.
Revocation of registration—Notice—Opportunity to correct
deficiencies.
[Title 25 RCW—page 19]
Chapter 25.10
Title 25 RCW: Partnerships
ARTICLE 10
DERIVATIVE ACTIONS
25.10.560
25.10.570
25.10.580
25.10.590
Right of action.
Proper plaintiff.
Pleading.
Expenses.
ARTICLE 11
FEES AND CHARGES
25.10.600
25.10.605
Establishment of filing fees and miscellaneous charges.
Fees for services by secretary of state.
ARTICLE 12
MISCELLANEOUS
25.10.610
25.10.620
25.10.630
25.10.640
25.10.650
25.10.660
25.10.670
25.10.680
25.10.690
Authority to adopt rules.
Construction and application.
Short title.
Severability.
Effective date and extended effective date.
Rules for class not provided for in this chapter.
Application to existing partnerships.
Effect of invalidity of part of this title.
Section captions.
ARTICLE 13
MERGERS
25.10.800
25.10.810
25.10.820
25.10.830
25.10.840
Merger—Plan—Effective date.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
ARTICLE 14
DISSENTERS’ RIGHTS
25.10.900
25.10.905
25.10.910
25.10.915
25.10.920
25.10.925
25.10.930
25.10.935
25.10.940
Definitions.
Partner—Dissent—Payment of fair value.
Dissenters’ rights—Notice—Timing.
Partner—Dissent—Voting restriction.
Partners—Dissenters’ notice—Requirements.
Partner—Payment demand—Entitlement.
Partnership interests—Transfer restrictions.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
25.10.945 Dissenter’s estimate of fair value—Notice.
25.10.950 Unsettled demand for payment—Proceeding—Parties—
Appraisers.
25.10.955 Unsettled demand for payment—Costs—Fees and expenses
of counsel.
Reviser’s note: Throughout this chapter the phrase "this act" has
been changed to "this chapter." "This act" [1981 c 51] consists of this
chapter and the repeal of chapters 25.08 and 25.98 RCW.
Materials specifically authorized to be printed and distributed by secretary
of state: RCW 43.07.140.
Revolving fund of secretary of state, deposit of moneys for costs of carrying
out secretary of state’s functions under this chapter: RCW 43.07.130.
ARTICLE 1
GENERAL PROVISIONS
25.10.005 Periodic reports required—Contents—
Due dates—Rules. (1) A limited partnership formed or
registered under this chapter shall deliver to the secretary of
state for filing periodic reports that set forth:
(a) The name of the limited partnership;
(b) The street address of its registered office and the
name of its registered agent in this state;
(c) In the case of a foreign limited partnership, the
address of its principle office in the state or country under
the laws of which it is formed; and
[Title 25 RCW—page 20]
(d) The address of the principle place of business of the
limited partnership in this state.
(2) Periodic reports are due every five years on the
anniversary date of the formation or registration of the
limited partnership. The secretary of state may provide by
rule for a longer period of time between reports. Periodic
reports must be accompanied by a fee equal to the corporation license fee under Title 23B RCW.
(3) As to limited partnerships formed or registered
before June 11, 1998, the secretary of state shall provide by
administrative rule for a schedule under which the first
reports under this section shall be due. The reports may not
be due earlier than one year after June 11, 1998. [1998 c
277 § 5.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.010 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Certificate of limited partnership" means the
certificate referred to in RCW 25.10.080, and the certificate
as amended or restated.
(2) "Contribution" means any cash, property, services
rendered, or a promissory note or other binding obligation to
contribute cash or property or to perform services, which a
partner contributes to a limited partnership in his capacity as
a partner.
(3) "Event of withdrawal of a general partner" means an
event that causes a person to cease to be a general partner as
provided in RCW 25.10.230.
(4) "Foreign limited partnership" means a partnership
formed under laws other than the laws of this state and
having as partners one or more general partners and one or
more limited partners.
(5) "General partner" means a person who has been
admitted to a limited partnership as a general partner in
accordance with the partnership agreement and named in the
certificate of limited partnership as a general partner.
(6) "Limited partner" means a person who has been
admitted to a limited partnership as a limited partner in
accordance with the partnership agreement.
(7) "Limited partnership" and "domestic limited partnership" means a partnership formed by two or more persons
under the laws of this state and having one or more general
partners and one or more limited partners.
(8) "Partner" means a limited or general partner.
(9) "Partnership agreement" means any valid agreement,
written or oral, of the partners as to the affairs of a limited
partnership and the conduct of its business.
(10) "Partnership interest" means a partner’s share of the
profits and losses of a limited partnership and the right to receive distributions of partnership assets.
(11) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(12) "State" means a state, territory, or possession of the
United States, the District of Columbia, or the Commonwealth of Puerto Rico.
(13) "Conforms to law" as used in connection with
duties of the secretary of state in reviewing documents for
(2002 Ed.)
Limited Partnerships
filing under this chapter, means the secretary of state has
determined the document complies as to form with the applicable requirements of this chapter.
(14) "Effective date" means, in connection with a
document filing made by the secretary of state, the date
which is shown by affixing a "filed" stamp on the documents. When a document is received for filing by the
secretary of state in a form which complies with the requirements of this chapter and which would entitle the document
to be filed immediately upon receipt, but the secretary of
state’s approval action occurs subsequent to the date of
receipt, the secretary of state’s filing date shall relate back
to the date on which the secretary of state first received the
document in acceptable form. An applicant may request a
specific effective date no more than thirty days later than the
receipt date which might otherwise be applied as the
effective date. [2002 c 296 § 2; 1987 c 55 § 1; 1982 c 35
§ 177; 1981 c 51 § 1.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.020 Name. (1) The name of each limited
partnership formed pursuant to this chapter as set forth in its
certificate of limited partnership:
(a) Shall contain the words "limited partnership" or the
abbreviation "LP" or "L.P.";
(b) May not contain the name of a limited partner unless
(i) it is also the name of a general partner, or the corporate
name of a corporate general partner, or (ii) the business of
the limited partnership had been carried on under that name
before the admission of that limited partner;
(c) May not contain any of the following words or
phrases: "Bank", "banking", "banker", "trust", "cooperative";
or any combination of the words "industrial" and "loan"; or
any combination of any two or more of the words "building", "savings", "loan", "home", "association" and "society";
or any other words or phrases prohibited by any statute of
this state;
(d) Except as authorized by subsections (2) and (3) of
this section, must be distinguishable upon the records of the
secretary of state from:
(i) The name or reserved name of a foreign or domestic
limited partnership;
(ii) The name of a limited liability company reserved,
registered, or formed under the laws of this state or qualified
to do business as a foreign limited liability company in this
state under chapter 25.15 RCW;
(iii) The corporate name of a corporation incorporated
or authorized to transact business in this state;
(iv) A corporate name reserved or registered under
chapter 23B.04 RCW;
(v) The corporate name or reserved name of a not-forprofit corporation incorporated or authorized to conduct
affairs in this state under chapter 24.03 RCW;
(vi) The name or reserved name of a mutual corporation
or miscellaneous corporation incorporated or authorized to
do business under chapter 24.06 RCW;
(vii) The fictitious name adopted under RCW
23B.15.060 by a foreign corporation authorized to transact
business in this state because its real name is unavailable;
and
(2002 Ed.)
25.10.010
(viii) The name or reserved name of a limited liability
partnership registered under chapter 25.04 RCW.
(2) A limited partnership may apply to the secretary of
state for authorization to use a name that is not distinguishable upon the records from one or more of the names
described in subsection (1) of this section. The secretary of
state shall authorize use of the name applied for if:
(a) The other limited partnership, company, corporation,
limited liability partnership, or holder consents to the use in
writing and files with the secretary of state documents
necessary to change its name or the name reserved or registered to a name that is distinguishable upon the records of
the secretary of state from the name of the applying limited
partnership; or
(b) The applicant delivers to the secretary of state a
certified copy of the final judgment of a court of competent
jurisdiction establishing the applicant’s right to use the name
applied for in this state.
(3) A limited partnership may use the name, including
the fictitious name, of another domestic or foreign limited
partnership, limited liability company, limited liability
partnership, or corporation that is used in this state if the
other entity is organized, incorporated, formed, or authorized to transact business in this state and the proposed user
limited partnership:
(a) Has merged with the other limited partnership,
limited liability company, limited liability partnership, or
corporation; or
(b) Results from reorganization with the other limited
partnership, limited liability company, or corporation.
(4) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(5) This chapter does not control the use of assumed
business names or "trade names." [1998 c 102 § 8; 1996 c
76 § 1; 1994 c 211 § 1309; 1991 c 269 § 1; (1991 c 72 § 47
repealed by 1991 sp.s. c 11 § 2); 1987 c 55 § 2; 1981 c 51
§ 2.]
Effective date—Severability—1994 c 211: See RCW 25.15.900 and
25.15.902.
Name of foreign limited partnership: RCW 25.10.510.
25.10.030 Reservation of name. (1) The exclusive
right to the use of a name may be reserved by:
(a) Any person intending to organize a limited partnership under this chapter and to adopt that name;
(b) Any domestic limited partnership or any foreign
limited partnership registered in this state which, in either
case, intends to adopt that name;
[Title 25 RCW—page 21]
25.10.030
Title 25 RCW: Partnerships
(c) Any foreign limited partnership intending to register
in this state and to adopt that name; and
(d) Any person intending to organize a foreign limited
partnership and intending to have it registered in this state
and adopt that name.
(2) The reservation shall be made by filing with the
secretary of state an application, executed by the applicant,
to reserve a specified name. If the secretary of state finds
that the name is available for use by a domestic or foreign
limited partnership, he or she shall reserve the name for the
exclusive use of the applicant for a period of one hundred
and eighty days. Such reservation shall be limited to one
filing and shall be nonrenewable.
The right to the exclusive use of a reserved name may
be transferred to any other person by filing in the office of
the secretary of state a notice of the transfer, executed by the
applicant for whom the name was reserved and specifying
the name and address of the transferee. [1991 c 269 § 2;
1981 c 51 § 3.]
25.10.040 Registered office and agent. (1) Each
limited partnership shall continuously maintain in this state
an office which may but need not be a place of its business
in this state, at which shall be kept the records required by
RCW 25.10.050 to be maintained. The office shall be at a
specific geographical location in this state and be identified
by number, if any, and street or building address or rural
route or other geographical address. The office shall not be
identified only by post office box number or other
nongeographic address. For purposes of communicating by
mail, the secretary of state may permit the use of a post
office address in conjunction with the office address.
(2) Each limited partnership shall continuously maintain
in this state an agent for service of process on the limited
partnership, which agent must be an individual resident of
this state, a domestic corporation, or a foreign corporation
authorized to do business in this state. The agent may, but
need not, be located at the office identified in RCW
25.10.040(1). The agent’s address shall be at a specific
geographical location in this state and be identified by
number, if any, and street or building address or rural route
or other geographical address. The agent’s address shall not
be identified only by post office box number or other
nongeographic address. For purposes of communicating by
mail, the secretary of state may permit the use of a post
office address in conjunction with the agent’s geographic
address.
(3) A registered agent shall not be appointed without
having given prior written consent to the appointment. The
written consent shall be filed with the secretary of state in
such form as the secretary may prescribe. The written
consent shall be filed with or as a part of the document first
appointing a registered agent. In the event any individual or
corporation has been appointed agent without consent, that
person or corporation may file a notarized statement
attesting to that fact, and the name shall forthwith be
removed from the records of the secretary of state. The
registered agent so appointed by a limited partnership shall
be an agent of such limited partnership upon whom any
process, notice, or demand required or permitted by law to
be served upon the limited partnership may be served. If a
[Title 25 RCW—page 22]
limited partnership fails to appoint or maintain a registered
agent in this state, or if its registered agent cannot with
reasonable diligence be found, then the secretary of state
shall be an agent of such limited partnership upon whom any
such process, notice, or demand may be served. Service on
the secretary of state of any such process, notice, or demand
shall be made by delivering to and leaving with the secretary
of state, or with any authorized clerk of the corporation
department of the secretary of state’s office, duplicate copies
of such process, notice, or demand. In the event any such
process, notice, or demand is served on the secretary of
state, the secretary of state shall immediately cause one of
the copies thereof to be forwarded by certified mail, addressed to the limited partnership at the office referred to in
RCW 25.10.040(1). Any service so had on the secretary of
state shall be returnable in no fewer than thirty days.
The secretary of state shall keep a record of all processes, notices, and demands served upon the secretary of state
under this section, and shall record therein the time of such
service and the secretary of state’s action with reference
thereto.
Nothing in this section limits or affects the right to
serve any process, notice, or demand required or permitted
by law to be served upon a limited partnership in any other
manner now or hereafter permitted by law.
Any registered agent may resign as such agent upon
filing a written notice thereof, executed in duplicate, with the
secretary of state, who shall forthwith mail one copy thereof
to the limited partnership. The appointment of such agent
shall terminate upon the expiration of thirty days after
receipt of such notice by the secretary of state. [1987 c 55
§ 3; 1981 c 51 § 4.]
25.10.050 Records to be kept. Each limited partnership shall keep at the office referred to in RCW 25.10.040(1)
the following:
(1) A current list of the full name and last known
address of each partner, specifying separately the general and
limited partners;
(2) A copy of the certificate of limited partnership and
all certificates of amendment thereto, together with executed
copies of any powers of attorney pursuant to which any
certificate has been executed;
(3) Copies of the limited partnership’s federal, state, and
local tax returns and reports, if any, for the three most recent
years;
(4) Copies of any then effective written partnership
agreements and of any financial statements of the limited
partnership for the three most recent years; and
(5) Unless contained in a written partnership agreement,
a written statement of:
(a) The amount of cash and a description and statement
of the agreed value of the other property or services contributed by each partner and which each partner has agreed to
contribute;
(b) The times at which or events on the happening of
which any additional contributions agreed to be made by
each partner are to be made;
(c) Any right of a partner to receive, or of a general
partner to make, distributions to a partner which include a
return of all or any part of the partner’s contribution; and
(2002 Ed.)
Limited Partnerships
(d) Any events upon the happening of which the limited
partnership is to be dissolved and its affairs wound up.
The books and records are subject to inspection and
copying at the reasonable request, and at the expense, of any
partner during ordinary business hours. [1987 c 55 § 4;
1981 c 51 § 5.]
25.10.060 Nature of business. A limited partnership
may carry on any business that a partnership without limited
partners may carry on. [1981 c 51 § 6.]
25.10.070 Business transactions of partner with the
partnership. Except as provided in the partnership agreement, a partner may lend money to and transact other
business with the limited partnership and, subject to other
applicable law, has the same rights and obligations with
respect thereto as a person who is not a partner. [1981 c 51
§ 7.]
25.10.075 Indemnification of agents of any corporation authorized. See RCW 23B.17.030.
25.10.079
Notice of continued activity—
Administrative activity—Limited application. (Expires
January 1, 2006.) (1) This section applies to all existing
limited partnerships formed after June 6, 1945, and before
January 1, 1982, under the authority of statutes effective
before January 1, 1982.
(2) A limited partnership under this section shall notify
the secretary of state, before January 1, 1999, that it continues to actively conduct business. The notice must be in
writing, and must include its principle business address, the
name of its registered agent, and the address of its registered
office. If the limited partnership has not previously appointed a registered agent or designated a registered office, it
must do so.
(3) The secretary of state shall notify all limited partnerships under this section of the requirements of subsection (2)
of this section within ninety days of June 11, 1998. The
notice must be in writing, deposited into the mail postage
prepaid, and addressed to the registered office of the limited
partnership. If the secretary does not have a record of a
registered office, the notice must be addressed to the
principle business address or other address contained in the
secretary’s records.
(4) If the notice is returned as undeliverable, or if the
limited partnership does not comply with subsection (2) of
this section, then the secretary of state shall commence
proceedings to administratively dissolve the limited partnership under RCW 25.10.455.
(5) Limited partnerships dissolved under subsection (4)
of this section may be reinstated under RCW 25.10.457,
except that if the notice was returned as undeliverable the
limited partnership may be reinstated at any time within five
years of dissolution. [1998 c 277 § 2.]
Expiration date—1998 c 277 §§ 1 and 2: "Sections 1 and 2 of this
act expire January 1, 2006." [1998 c 277 § 6.]
Findings—1998 c 277: "The legislature finds that the maintenance
of records regarding outdated limited partnerships, which no longer actively
transact business, imposes an unnecessary financial burden on the state.
The legislature also finds that the maintenance of outdated records regarding
limited partnerships prevents the names of these partnerships from being
(2002 Ed.)
25.10.050
available for use by new business entities. Based upon those findings, the
purposes of chapter 277, Laws of 1998 are:
(1) To authorize the secretary of state to identify limited partnerships
formed under legislation that predated the current Washington uniform
limited partnership act that are no longer transacting business, and to
dissolve them and make their names available for new business entities
actively transacting business in this state; and
(2) To provide for a system under which the secretary of state’s
records of limited partnerships formed under current law are kept current
and the records of limited partnerships no longer conducting business can
be purged." [1998 c 277 § 1.]
ARTICLE 2
FORMATION; CERTIFICATE OF
LIMITED PARTNERSHIP
25.10.080 Certificate of limited partnership. (1) In
order to form a limited partnership a certificate of limited
partnership must be executed and duplicate originals filed in
the office of the secretary of state. The certificate shall set
forth:
(a) The name of the limited partnership;
(b) The address of the office for records and the name
and address of the agent for service of process appointed
pursuant to RCW 25.10.040;
(c) The name and the geographical and mailing addresses of each general partner;
(d) If the limited partnership is to have a specific date
of dissolution, the latest date upon which the limited partnership is to dissolve; and
(e) Any other matters the general partners determine to
include therein.
(2) A limited partnership is formed at the time of the
filing of the certificate of limited partnership in the office of
the secretary of state or at any later time specified in the
certificate of limited partnership if, in either case, there has
been substantial compliance with the requirements of this
section. [2000 c 169 § 5; 1987 c 55 § 5; 1981 c 51 § 8.]
25.10.090 Amendment to certificate—Restatement
of certificate. (1) A certificate of limited partnership is
amended by filing duplicate originals of a certificate of
amendment thereto in the office of the secretary of state.
The certificate shall set forth:
(a) The name of the limited partnership;
(b) The date and place of filing of the original certificate of limited partnership; and
(c) The amendment to the certificate of limited partnership.
(2) Within thirty days after the happening of any of the
following events an amendment to a certificate of limited
partnership reflecting the occurrence of the event or events
shall be filed:
(a) The admission of a new general partner;
(b) The withdrawal of a general partner;
(c) The continuation of the business under RCW
25.10.440 after an event of withdrawal of a general partner;
or
(d) A change in the name of the limited partnership, a
change in the office described in RCW 25.10.040(1), a
change in the name or address of the agent for service of
process, a change in the name or address of any general
[Title 25 RCW—page 23]
25.10.090
Title 25 RCW: Partnerships
partner, or a change in the date upon which the limited
partnership is to dissolve.
(3) A general partner who becomes aware that any
statement in a certificate of limited partnership was false
when made or that any arrangements or other facts described
have changed, making the certificate inaccurate in any respect, shall promptly amend the certificate, but an amendment to show a change of address of a general partner need
be filed only once every twelve months.
(4) A certificate of limited partnership may be amended
at any time for any other proper purpose the general partners
may determine.
(5) No person has any liability because an amendment
to a certificate of limited partnership has not been filed to
reflect the occurrence of any event referred to in subsection
(2) of this section if the amendment is filed within the thirtyday period specified in subsection (2) of this section.
(6) A certificate of limited partnership is restated by
filing duplicate originals of a certificate of restatement in the
office of the secretary of state. The certificate shall set
forth:
(a) The name of the limited partnership;
(b) The date and place of filing of the original certificate; and
(c) A statement setting forth all operative provisions of
the certificate of limited partnership as theretofore amended
together with a statement that the restated articles correctly
set forth without change the provisions of the certificate of
limited partnership as theretofore amended and that the
restated certificate supersedes the original certificate and all
amendments thereto. [1987 c 55 § 6; 1981 c 51 § 9.]
25.10.100 Cancellation of certificate. (1) Upon the
dissolution and completion of winding up of a limited
partnership or at any time there are no limited partners,
duplicate originals of a certificate of cancellation shall be
filed with the secretary of state and set forth:
(a) The name of the limited partnership;
(b) The date and place of filing of its original certificate
of limited partnership;
(c) The reason for dissolution;
(d) The effective date, which shall be a later date
certain, of cancellation if it is not to be effective upon the
filing of the certificate; and
(e) Any other information the person filing the certificate determines.
(2) A certificate of limited partnership shall be canceled
upon the effective date of a certificate of cancellation.
(3) A certificate of limited partnership for a domestic
limited partnership which is not the surviving entity in a
merger shall be canceled upon the effective date of the
merger. [1991 c 269 § 3; 1987 c 55 § 7; 1981 c 51 § 10.]
25.10.110 Execution of documents. (1) Each
document required by this article to be filed in the office of
the secretary of state shall be executed in the following
manner:
(a) Each original certificate of limited partnership must
be signed by all general partners named therein;
(b) A certificate of amendment or restatement must be
signed by at least one general partner and by each other
[Title 25 RCW—page 24]
general partner designated in the certificate as a new general
partner;
(c) A certificate of cancellation must be signed by all
general partners or the limited partners winding up the
partnership pursuant to RCW 25.10.460;
(d) If a surviving domestic limited partnership is filing
articles of merger, the articles of merger must be signed by
at least one general partner of the domestic limited partnership, or if the articles of merger are being filed by a surviving foreign limited partnership or by a corporation, the
articles of merger must be signed by a person authorized by
such foreign limited partnership or corporation; and
(e) A foreign limited partnership’s application for a
certificate of authority must be signed by one of its general
partners.
(2) Any person may sign a certificate, articles of
merger, or partnership agreement by an attorney-in-fact:
PROVIDED, That each document signed in such manner
identifies the capacity in which the signator signed.
(3) The person executing the document shall sign it and
state beneath or opposite the signature the name of the
person and capacity in which the person signs. The document must be typewritten or printed, and must meet such
legibility or other standards as may be prescribed by the
secretary of state.
(4) The execution of a certificate or articles of merger
by a partner constitutes an affirmation under the penalties of
perjury that the facts stated therein are true. [1991 c 269 §
4; 1987 c 55 § 8; 1981 c 51 § 11.]
25.10.120 Execution of certificate by judicial act.
If a person required by RCW 25.10.110 to execute a
certificate fails or refuses to do so, any other person who is
adversely affected by the failure or refusal, may petition any
court of competent jurisdiction to direct the execution. If the
court finds that it is proper for the certificate to be executed
and that any person so designated has failed or refused to
execute the certificate, the court shall order the secretary of
state to record an appropriate certificate. [1987 c 55 § 9;
1981 c 51 § 12.]
25.10.130 Filing in office of secretary of state. (1)
Two signed copies of the certificate of limited partnership
and of any certificates of amendment, restatement, or
cancellation (or of any judicial decree of amendment or
cancellation) shall be delivered to the secretary of state. A
person who executes a certificate as an agent or fiduciary
need not exhibit evidence of his authority as a prerequisite
to filing. Unless the secretary of state finds that any
certificate does not conform to law, upon receipt of all filing
fees required by law the secretary of state shall:
(a) Endorse on each duplicate original the word "Filed"
and the effective date of the filing;
(b) File one duplicate original; and
(c) Return the other duplicate original to the person who
filed it or the person’s representative.
(2) Upon the filing of a certificate of amendment or
restatement, or judicial decree of amendment, in the office
of the secretary of state, the certificate of limited partnership
shall be amended or restated as set forth therein, and upon
the effective date of a certificate of cancellation or a judicial
(2002 Ed.)
Limited Partnerships
decree thereof, the certificate of limited partnership is
canceled. [1991 c 269 § 5; 1987 c 55 § 10; 1982 c 35 §
178; 1981 c 51 § 13.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.140 Liability for false statement in certificate.
If any certificate of limited partnership or certificate of
amendment, restatement, or cancellation contains a false
statement, one who suffers loss by reliance on the statement
may recover damages for the loss from:
(1) Any person who executes the certificate, or causes
another to execute it on his behalf, and knew, and any
general partner who knew or should have known, the
statement to be false at the time the certificate was executed;
and
(2) Any general partner who thereafter knows or should
have known that any arrangement or other fact described in
the certificate has changed, making the statement inaccurate
in any respect within a sufficient time before the statement
was relied upon reasonably to have enabled that general
partner to cancel or amend the certificate, or to file a petition
for its cancellation or amendment under RCW 25.10.120.
[1991 c 269 § 6; 1987 c 55 § 11; 1981 c 51 § 14.]
25.10.150 Notice. (1) The fact that a certificate of
limited partnership is on file in the office of the secretary of
state is notice that the partnership is a limited partnership
and the persons designated therein as general partners are
general partners, but is not notice of any other fact.
(2) A restated certificate of limited partnership shall be
notice that the prior certificate of limited partnership and all
amendments thereto are superseded. [1987 c 55 § 12; 1981
c 51 § 15.]
25.10.160 Delivery of certificates to limited partners. Upon the return by the secretary of state pursuant to
RCW 25.10.130 of a certificate marked "Filed", the general
partners shall promptly deliver or mail a copy of the certificate of limited partnership and each certificate of amendment, restatement, or cancellation to each limited partner
unless the partnership agreement provides otherwise. [1991
c 269 § 7; 1987 c 55 § 13; 1981 c 51 § 16.]
ARTICLE 3
LIMITED PARTNERS
25.10.170 Admission of limited partners. (1) A
person becomes a limited partner on the later of:
(a) The date the original certificate of limited partnership is filed; or
(b) The date stated in the records of the limited partnership as the date that person becomes a limited partner.
(2) After the filing of a limited partnership’s original
certificate of limited partnership, a person may be admitted
as an additional limited partner:
(a) In the case of a person acquiring a partnership
interest directly from the limited partnership, upon the
compliance with the partnership agreement or, if the partnership agreement does not so provide, upon the written consent
of all partners; and
(2002 Ed.)
25.10.130
(b) In the case of an assignee of a partnership interest
of a partner who has the power, as provided in RCW
25.10.420, to grant the assignee the right to become a limited
partner, upon the exercise of that power and compliance with
any conditions limiting the grant or exercise of the power.
[1987 c 55 § 14; 1981 c 51 § 17.]
25.10.180 Voting. Subject to RCW 25.10.190, the
partnership agreement may grant to all or a specified group
of the limited partners the right to vote on a per capita or
other basis upon any matter. [1981 c 51 § 18.]
25.10.190 Liability to third parties. (1) Except as
provided in subsection (4) of this section, a limited partner
is not liable for the obligations of a limited partnership
unless the limited partner is also a general partner or, in
addition to the exercise of rights and powers as a limited
partner, the limited partner participates in the control of the
business. However, if the limited partner participates in the
control of the business, the limited partner is liable only to
persons who transact business with the limited partnership
reasonably believing, based upon the limited partner’s
conduct, that the limited partner is a general partner.
(2) A limited partner does not participate in the control
of the business within the meaning of subsection (1) of this
section solely by doing one or more of the following:
(a) Being a contractor for or an agent or employee of
the limited partnership or of a general partner, or being an
officer, director, or shareholder of a general partner that is
a corporation;
(b) Consulting with and advising a general partner with
respect to the business of the limited partnership;
(c) Acting as surety for the limited partnership or
guaranteeing or assuming one or more specific obligations of
the limited partnership or providing collateral for partnership
obligations;
(d) Taking any action required or permitted by law to
bring or pursue a derivative action in the right of the limited
partnership;
(e) Requesting or attending a meeting of partners;
(f) Proposing, approving, or disapproving, by voting or
otherwise, on one or more of the following matters:
(i) The dissolution and winding up of the limited
partnership;
(ii) The sale, exchange, lease, mortgage, pledge, or other
transfer of all or substantially all of the assets of the limited
partnership;
(iii) The incurrence of indebtedness by the limited
partnership other than in the ordinary course of its business;
(iv) A change in the nature of its business;
(v) The admission or removal of a limited partner;
(vi) The admission or removal of a general partner;
(vii) A transaction involving an actual or potential
conflict of interest between a general partner and the limited
partnership or the limited partners;
(viii) An amendment to the partnership agreement or
certificate of limited partnership; or
(ix) Matters related to the business of the limited
partnership not otherwise enumerated in this subsection (2),
that the partnership agreement states in writing may be
[Title 25 RCW—page 25]
25.10.190
Title 25 RCW: Partnerships
subject to the approval or disapproval of limited partners or
a committee of limited partners;
(g) Winding up the limited partnership pursuant to RCW
25.10.460 or conducting the affairs of the limited partnership
during any portion of the ninety days referred to in RCW
25.10.440; or
(h) Exercising any right or power permitted to limited
partners under this chapter and not specifically enumerated
in this subsection (2).
(3) The enumeration in subsection (2) of this section
does not mean that the possession or exercise of any other
powers by a limited partner constitutes participation by him
in the control of the business of the limited partnership.
(4) A limited partner who knowingly permits his name
to be used in the name of the limited partnership, except
under circumstances permitted by *RCW 25.10.020(2), is
liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not
a general partner. [1987 c 55 § 15; 1981 c 51 § 19.]
*Reviser’s note: RCW 25.10.020 was amended by 1991 c 269 § 1,
changing subsection (2) to subsection (1)(b).
25.10.200 Person erroneously believing that he or
she is limited partner. (1) Except as provided in subsection
(2) of this section, a person who makes a contribution to a
business enterprise and erroneously but in good faith
believes that he or she has become a limited partner in the
enterprise is not a general partner in the enterprise and is not
bound by its obligations by reason of making the contribution, receiving distributions from the enterprise, or exercising
any rights of a limited partner, if, within a reasonable time
after ascertaining the mistake, the person:
(a) Causes an appropriate certificate of limited partnership or a certificate of amendment to be executed and filed;
or
(b) Withdraws from future equity participation in the
enterprise by executing and filing in the office of the
secretary of state a certificate or statement declaring withdrawal under this section.
(2) A person who makes a contribution of the kind
described in subsection (1) of this section is liable as a
general partner to any third party who transacts business
with the enterprise (a) before the person withdraws and an
appropriate certificate is filed to show withdrawal, or (b)
before an appropriate certificate is filed to show that the
person is not a general partner, but in either case only if the
third party actually believed in good faith that the person
was a general partner at the time of the transaction. [1987
c 55 § 16; 1983 c 302 § 1; 1981 c 51 § 20.]
25.10.210 Information. Each limited partner or
limited partner’s agent or attorney has the right to:
(1) Inspect and copy any of the partnership records
required to be maintained by RCW 25.10.050; and
(2) Obtain from the general partners from time to time
upon reasonable demand (a) true and full information
regarding the state of the business and financial condition of
the limited partnership, (b) promptly after becoming available, a copy of the limited partnership’s federal income tax
returns and state business and occupation tax return for each
year, and (c) other information regarding the affairs of the
[Title 25 RCW—page 26]
limited partnership as is just and reasonable. [1991 c 269 §
10; 1987 c 55 § 17; 1981 c 51 § 21.]
ARTICLE 4
GENERAL PARTNERS
25.10.220 Admission of additional general partners.
Unless otherwise provided in the partnership agreement, after
the filing of a limited partnership’s original certificate of
limited partnership, additional general partners may be
admitted only with the specific written consent of each
general partner, if any, and limited partners representing at
least two-thirds of the agreed value, as stated in the records
of the partnership required to be kept under RCW 25.10.050,
of contributions made, or required to be made, by all limited
partners. [2000 c 169 § 6; 1981 c 51 § 22.]
25.10.230 Events of withdrawal of general partner.
Except as approved by the specific written consent of all
partners at the time, a person ceases to be a general partner
of a limited partnership, and the person or its successor in
interest attains the status of an assignee as set forth in RCW
25.10.400(1), upon the happening of any of the following
events:
(1) The general partner withdraws from the limited
partnership as provided in RCW 25.10.320;
(2) The general partner ceases to be a member of the
limited partnership as provided in RCW 25.10.400;
(3) The general partner is removed as a general partner
in accordance with the partnership agreement;
(4) Unless otherwise provided in writing in the partnership agreement, the general partner:
(a) Makes an assignment for the benefit of creditors;
(b) Files a voluntary petition in bankruptcy;
(c) Is adjudicated a bankrupt or insolvent;
(d) Files a petition or answer seeking for himself or
herself any reorganization, arrangement, composition,
readjustment, liquidation, dissolution, or similar relief under
any statute, law, or regulation;
(e) Files an answer or other pleading admitting or
failing to contest the material allegations of a petition filed
against him or her in any proceeding of this nature; or
(f) Seeks, consents to, or acquiesces in the appointment
of a trustee, receiver, or liquidator of the general partner or
of all or any substantial part of his or her properties;
(5) Unless otherwise provided in the certificate of
limited partnership, ninety days after the commencement of
any proceeding against the general partner seeking reorganization, arrangement, composition, readjustment, liquidation,
dissolution, or similar relief under any statute, law, or
regulation, the proceeding has not been dismissed, or if
within sixty days after the appointment without the general
partner’s consent or acquiescence of a trustee, receiver, or
liquidator of the general partner of all or any substantial part
of his or her properties, the appointment is not vacated or
stayed, or within sixty days after the expiration of any such
stay, the appointment is not vacated;
(6) In the case of a general partner who is a natural
person:
(a) His or her death; or
(2002 Ed.)
Limited Partnerships
(b) The entry by a court of competent jurisdiction
adjudicating the general partner incompetent to manage his
or her person or estate;
(7) In the case of a general partner who is acting as a
general partner by virtue of being a trustee of a trust, the
termination of the trust (but not merely the substitution of a
new trustee);
(8) In the case of a general partner that is a separate
partnership, the dissolution and commencement of winding
up of the separate partnership;
(9) In the case of a general partner that is a corporation,
the filing of a certificate of dissolution, or its equivalent, for
the corporation or the revocation of its charter; or
(10) In the case of an estate, the distribution by the
fiduciary of the estate’s entire interest in the partnership.
[2000 c 169 § 7; 1987 c 55 § 18; 1981 c 51 § 23.]
25.10.240 General powers and liabilities of general
partner. (1) Except as provided in this chapter or in the
partnership agreement, a general partner of a limited partnership has the rights and powers and is subject to the restrictions of a partner in a partnership without limited partners.
(2) Except as provided in this chapter, a general partner
of a limited partnership has the liabilities of a partner in a
partnership without limited partners to persons other than the
limited partnership and the other partners. Except as
provided in this chapter or in the partnership agreement, a
general partner of a limited partnership has the liabilities of
a partner in a partnership without limited partners to the
limited partnership and to the other partners. [1987 c 55 §
19; 1983 c 302 § 2; 1981 c 51 § 24.]
25.10.250 Contributions by a general partner. A
general partner of a limited partnership may make contributions to the limited partnership and share in the profits and
losses of, and in distributions from, the limited partnership
as a general partner. A general partner also may make
contributions to and share in profits, losses, and distributions
as a limited partner. A person who is both a general partner
and a limited partner has the rights and powers, and is
subject to the restrictions and liabilities, of a general partner
and, except as provided in the partnership agreement, also
has the powers, and is subject to the restrictions, of a limited
partner to the extent of his or her participation in the
partnership as a limited partner. [1987 c 55 § 20; 1981 c 51
§ 25.]
25.10.260 Voting. The partnership agreement may
grant to all or certain identified general partners the right to
vote on a per capita or any other basis, separately or with all
or any class of the limited partners, on any matter. [1981 c
51 § 26.]
ARTICLE 5
FINANCE
25.10.270 Form of contribution. The contribution of
a partner may be in cash, property, or services rendered, or
a promissory note or other obligation to contribute cash or
property or to perform services. [1981 c 51 § 27.]
(2002 Ed.)
25.10.230
Prospective application: RCW 25.10.650.
25.10.280 Liability for contributions. (1) Except as
provided in the partnership agreement, a partner is obligated
to the limited partnership to perform any promise to contribute cash or property or to perform services, even if the
partner is unable to perform because of death, disability, or
any other reason. If a partner does not make the required
contribution of property or services, the partner is obligated
at the option of the limited partnership to contribute cash
equal to that portion of the value, as stated in the partnership
agreement or, if not stated in the agreement, in the limited
partnership records required to be kept pursuant to RCW
25.10.050(5), of the stated contribution that has not been
made.
(2) Unless otherwise provided in the partnership
agreement, the obligation of a partner to make a contribution
or return money or other property paid or distributed in
violation of this chapter may be compromised only by
consent of all the partners. Notwithstanding the compromise, a creditor of a limited partnership who extends credit,
or whose claim arises, after the entering into of a partnership
agreement or an amendment thereto which, in either case,
reflects the obligation, and before the amendment or
cancellation thereof to reflect the compromise, may enforce
the original obligation to the extent that, in extending credit,
the creditor reasonably relied on the obligation of a partner
to make a contribution. [1987 c 55 § 21; 1981 c 51 § 28.]
Prospective application: RCW 25.10.650.
25.10.290 Sharing of profits and losses. The profits
and losses of a limited partnership shall be allocated among
the partners, and among classes of partners, in the manner
provided in the partnership agreement. If the partnership
agreement does not so provide, profits and losses shall be
allocated on the basis of the value, as stated in the partnership agreement or, if not stated therein, in the limited
partnership records required to be kept pursuant to RCW
25.10.050(5), of the contributions made by each partner to
the extent they have been received by the limited partnership
and have not been returned. [1987 c 55 § 22; 1981 c 51 §
29.]
25.10.300 Sharing of distributions. Distributions of
cash or other assets of a limited partnership shall be allocated among the partners, and among classes of partners, in the
manner provided in the partnership agreement. If the
partnership agreement does not so provide, distributions shall
be made on the basis of the value, as stated in the partnership agreement or, if not stated therein, in the limited
partnership records required to be kept pursuant to RCW
25.10.050(5), of the contributions made by each partner to
the extent they have been received by the limited partnership
and have not been returned. [1987 c 55 § 23; 1981 c 51 §
30.]
ARTICLE 6
DISTRIBUTIONS AND WITHDRAWAL
25.10.310 Interim distributions. Except as provided
in this article, a partner is entitled to receive distributions
[Title 25 RCW—page 27]
25.10.310
Title 25 RCW: Partnerships
from a limited partnership before the partner’s withdrawal
from the limited partnership and before the dissolution and
winding up thereof to the extent and at the times or upon the
happening of the events specified in the partnership agreement. [1987 c 55 § 24; 1982 c 35 § 179; 1981 c 51 § 31.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
25.10.320 Withdrawal of general partner. A general
partner may withdraw from a limited partnership at any time
by giving written notice to the other partners, but if the
withdrawal violates the partnership agreement, the limited
partnership may recover from the withdrawing general
partner damages for breach of the partnership agreement and
offset the damages against the amount otherwise distributable
to him. [1981 c 51 § 32.]
25.10.330 Withdrawal of limited partner. A limited
partner may withdraw from a limited partnership at the time
or upon the happening of events specified in and in accordance with the partnership agreement. If the partnership
agreement does not specify the time or the events upon the
happening of which a limited partner may withdraw, a
limited partner may not withdraw prior to the time for the
dissolution and winding up of the limited partnership. [1996
c 76 § 2; 1987 c 55 § 25; 1981 c 51 § 33.]
25.10.340 Distribution upon withdrawal. Except as
provided in this article, upon withdrawal any withdrawing
partner is entitled to receive any distribution to which he or
she is entitled under the partnership agreement and, if not
otherwise provided in the partnership agreement, the partner
is entitled to receive, within a reasonable time after withdrawal, the fair value of his or her interest in the limited
partnership as of the date of withdrawal based upon his or
her right to share in distributions from the limited partnership. [1987 c 55 § 26; 1981 c 51 § 34.]
25.10.350 Distribution in kind. Except as provided
in the partnership agreement, a partner, regardless of the
nature of his or her contribution, has no right to demand and
receive any distribution from a limited partnership in any
form other than cash. Except as provided in the partnership
agreement, a partner may not be compelled to accept a
distribution of any asset in kind from a limited partnership
to the extent that the percentage of the asset distributed to
the partner exceeds a percentage of that asset which is equal
to the percentage in which he or she shares in distributions
from the limited partnership. [1987 c 55 § 27; 1981 c 51 §
35.]
25.10.360 Right to distribution. At the time a
partner becomes entitled to receive a distribution, he has the
status of and is entitled to all remedies available to a creditor
of the limited partnership with respect to the distribution.
[1981 c 51 § 36.]
25.10.370 Limitations on distributions. (1) A
limited partnership shall not make a distribution to a partner
to the extent that at the time of the distribution, after giving
[Title 25 RCW—page 28]
effect to the distribution, (a) the limited partnership would
not be able to pay its debts as they become due in the usual
course of business, or (b) all liabilities of the limited
partnership, other than liabilities to partners on account of
their partnership interests and liabilities for which the
recourse of creditors is limited to specified property of the
limited partnership, exceed the fair value of the assets of the
limited partnership, except that the fair value of property that
is subject to a liability for which the recourse of creditors is
limited shall be included in the assets of the limited partnership only to the extent that the fair value of that property
exceeds that liability.
(2)(a) A limited partner who receives a distribution in
violation of subsection (1) of this section, and who knew at
the time of the distribution that the distribution violated
subsection (1) of this section, shall be liable to the limited
partnership for the amount of the distribution.
(b) A limited partner who receives a distribution in
violation of subsection (1) of this section, and who did not
know at the time of the distribution that the distribution
violated subsection (1) of this section, shall not be liable for
the amount of the distribution. This subsection (2)(b) shall
not affect any obligation or liability of a limited partner
under a partnership agreement or other applicable law for the
amount of a distribution.
(3) A limited partner who receives a distribution from
a limited partnership shall have no liability under this
chapter for the amount of the distribution after the expiration
of three years from the date of the distribution, except to the
extent such limited partner shall have agreed in writing to
extend liability beyond the expiration of the three-year period. [1991 c 269 § 29; 1987 c 55 § 28; 1981 c 51 § 37.]
ARTICLE 7
ASSIGNMENT OF PARTNERSHIP INTERESTS
25.10.390 Nature of partnership interest. A
partnership interest is personal property. [1981 c 51 § 39.]
25.10.400 Assignment of partnership interest—
Certificate of partnership interest. (1) Unless otherwise
provided in the partnership agreement:
(a) A partnership interest is assignable in whole or in
part;
(b) An assignment of a partnership interest does not
dissolve a limited partnership or entitle the assignee to
become or to exercise any rights or powers of a partner;
(c) An assignment entitles the assignee to share in such
profits and losses, to receive such distribution or distributions, and to receive such allocation of income, gain, loss,
deduction, or credit or similar item to which the assignor
was entitled, to the extent assigned; and
(d) A partner ceases to be a partner and to have the
power to exercise any rights or powers of a partner upon
assignment of all of his or her partnership interest.
(2) The partnership agreement may provide that a
partner’s interest in a limited partnership may be evidenced
by a certificate of partnership interest issued by the limited
partnership and may also provide for the assignment or
transfer of any partnership interest represented by such a
(2002 Ed.)
Limited Partnerships
certificate and make other provisions with respect to such
certificates. [1987 c 55 § 30; 1981 c 51 § 40.]
25.10.410 Rights of creditor. On application to a
court of competent jurisdiction by any judgment creditor of
a partner, the court may charge the partnership interest of the
partner with payment of the unsatisfied amount of the
judgment with interest. To the extent so charged, the
judgment creditor has only the rights of an assignee of the
partnership interest. This chapter does not deprive any
partner of the benefit of any exemption laws applicable to
his partnership interest. [1981 c 51 § 41.]
25.10.420 Right of assignee to become limited
partner. (1) An assignee of a partnership interest, including
an assignee of a general partner, may become a limited partner if and to the extent that (a) the assignor gives the
assignee that right in accordance with authority described in
the partnership agreement, or (b) all other partners consent.
(2) An assignee who has become a limited partner has,
to the extent assigned, the rights and powers, and is subject
to the restrictions and liabilities, of a limited partner under
the partnership agreement and this chapter. An assignee
who becomes a limited partner also is liable for the obligations of his or her assignor to make and return contributions
as provided in Articles 5 and 6 of this chapter. However,
the assignee is not obligated for liabilities unknown to the
assignee at the time he or she became a limited partner.
(3) If an assignee of a partnership interest becomes a
limited partner, the assignor is not released from his or her
liability to the limited partnership under RCW 25.10.140 and
25.10.280. [1987 c 55 § 31; 1981 c 51 § 42.]
Prospective application: RCW 25.10.650.
25.10.430 Power of estate of deceased or incompetent partner. If a partner who is an individual dies or a
court of competent jurisdiction adjudges him to be incompetent to manage his person or his property, the partner’s
executor, administrator, guardian, conservator, or other legal
representative may exercise all of the partner’s rights for the
purpose of settling the partner’s estate or administering the
partner’s property, including any power the partner had to
give an assignee the right to become a limited partner. If a
partner is a corporation, trust, or other entity and is dissolved
or terminated, the powers of that partner may be exercised
by its legal representative or successor. [1981 c 51 § 43.]
ARTICLE 8
DISSOLUTION
25.10.440 Nonjudicial dissolution. A limited
partnership is dissolved and its affairs shall be wound up
upon the happening of the first to occur of the following:
(1) The dissolution date, if any, specified in the certificate of limited partnership. If a dissolution date is not
specified in the certificate of limited partnership, the limited
partnership’s existence shall continue until the first to occur
of the events described in subsections (2) through (6) of this
section. If a dissolution date is specified in the certificate of
limited partnership and unless the limited partnership
(2002 Ed.)
25.10.400
agreement provides otherwise, the certificate of limited
partnership may be amended and the existence of the limited
partnership may be extended by the vote of all the partners;
(2) Upon the happening of events specified in the
partnership agreement;
(3) Written consent of all partners;
(4) Unless the limited partnership agreement provides
otherwise, ninety days following:
(a) The withdrawal of, or the assignment of the interest
of, the last remaining limited partner if by the ninetieth day
a majority of the number of general partners have failed to
vote to admit one or more limited partners; or
(b) An event of withdrawal with respect to the last
remaining general partner if by the ninetieth day the limited
partners have failed to vote to admit one or more general
partners. For the purposes of this subsection (4)(b) and unless the limited partnership agreement provides otherwise,
the vote of the limited partners shall be the vote of limited
partners representing two-thirds of the total agreed value, as
stated in the records of the partnership required to be kept
under RCW 25.10.050, of contributions made, or required to
be made, by all limited partners;
(5) Entry of a decree of judicial dissolution under RCW
25.10.450; or
(6) Administrative dissolution under RCW 25.10.455.
[2000 c 169 § 8; 1996 c 76 § 3; 1991 c 269 § 30; 1987 c 55
§ 32; 1981 c 51 § 44.]
25.10.450 Judicial dissolution. On application by or
for a partner, the superior courts may decree dissolution of
a limited partnership whenever: (1) It is not reasonably
practicable to carry on the business in conformity with the
partnership agreement; or (2) when other circumstances
render dissolution equitable. [1981 c 51 § 45.]
25.10.453
Administrative dissolution—
Commencement of proceeding. The secretary of state may
commence a proceeding under RCW 25.10.455 to administratively dissolve a limited partnership if:
(1) An amendment to the certificate of limited partnership required by RCW 25.10.090(2)(c) is not filed when
specified by that provision;
(2) The limited partnership is without a registered agent
or registered office in this state for sixty days or more;
(3) The limited partnership does not notify the secretary
of state within sixty days that its registered agent or registered office has been changed, that its registered agent has
resigned, or that its registered office has been discontinued;
or
(4) The limited partnership does not deliver its completed periodic report to the secretary of state when it is due.
[1998 c 277 § 3; 1991 c 269 § 31.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.455 Administrative dissolution—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.10.453 for dissolving a limited partnership, the secretary
of state shall give the limited partnership written notice of
the determination by first class mail, postage prepaid reciting
the grounds therefor. Notice shall be sent to the address of
[Title 25 RCW—page 29]
25.10.455
Title 25 RCW: Partnerships
the office for records and address of the agent for service of
process contained in the certificate having this information
which is most recently filed with the secretary of state.
(2) If the limited partnership does not correct each
ground for dissolution or demonstrate to the reasonable
satisfaction of the secretary of state that each ground
determined by the secretary of state does not exist within
sixty days after notice is sent, the limited partnership is
thereupon dissolved, the secretary of state shall give the
limited partnership written notice of the dissolution that
recites the ground or grounds therefor and its effective date.
(3) A limited partnership administratively dissolved
continues its limited partnership existence but may not carry
on any business except that necessary to wind up and
liquidate its business and affairs.
(4) The administrative dissolution of a limited partnership does not terminate the authority of its registered agent.
[1991 c 269 § 32.]
25.10.470 Distribution of assets. Upon the winding
up of a limited partnership, the assets shall be distributed as
follows:
(1) To creditors, including partners who are creditors, to
the extent otherwise permitted by law, in satisfaction of
liabilities of the limited partnership other than liabilities for
distribution to partners under RCW 25.10.310 or 25.10.340;
(2) Except as provided in the partnership agreement, to
partners and former partners in satisfaction of liabilities for
distributions under RCW 25.10.310 or 25.10.340; and
(3) Except as provided in the partnership agreement, to
partners first for the return of their contributions and
secondly respecting their partnership interests, in the proportions in which the partners share in distributions. [1981 c 51
§ 47.]
25.10.457
Administrative dissolution—
Reinstatement—Application—When effective. (1) A
limited partnership administratively dissolved under RCW
25.10.455 may apply to the secretary of state for reinstatement within two years after the effective date of dissolution.
The application must:
(a) Recite the name of the limited partnership and the
effective date of its administrative dissolution;
(b) State that the ground or grounds for dissolution
either did not exist or have been eliminated; and
(c) State that the limited partnership’s name satisfies the
requirements of RCW 25.10.020.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the limited partnership and give the
limited partnership written notice, as provided in RCW
25.10.455(1) of the reinstatement that recites the effective
date of reinstatement. If the name is not available, the
limited partnership must file with its application for reinstatement an amendment to its certificate of limited partnership reflecting a change of name.
(3) When the reinstatement is effective, it relates back
to and takes effect as of the effective date of the administrative dissolution and the limited partnership may resume
carrying on its business as if the administrative dissolution
had never occurred.
(4) If an application for reinstatement is not made
within the two-year period set forth in subsection (1) of this
section, or if the application made within this period is not
granted, the secretary of state shall cancel the limited
partnership’s certificate of limited partnership. [1991 c 269
§ 33.]
25.10.480 Law governing. Subject to the Constitution
of the state of Washington, (1) the laws of the state, province, or other jurisdiction under which a foreign limited
partnership is organized govern its organization and internal
affairs and the liability of its limited partners, and (2) a
foreign limited partnership may not be denied registration by
reason of any difference between those laws and the laws of
this state. [1981 c 51 § 48.]
25.10.460 Winding up. Except as provided in the
partnership agreement, the general partners who have not
wrongfully dissolved a limited partnership or, if none, the
limited partners, may wind up the limited partnership’s
affairs. The superior courts may wind up the limited
partnership’s affairs upon application of any partner, that
partner’s legal representative, or assignee. [1981 c 51 § 46.]
[Title 25 RCW—page 30]
ARTICLE 9
FOREIGN LIMITED PARTNERSHIPS
25.10.490 Registration. Before transacting business
in this state, a foreign limited partnership shall register with
the secretary of state. In order to register, a foreign limited
partnership shall submit to the secretary of state, in duplicate, an application for registration as a foreign limited
partnership, signed and sworn to by a general partner and
setting forth:
(1) The name of the foreign limited partnership as set
forth in its certificate of limited partnership and, if different,
the name under which it proposes to register and transact
business in this state;
(2) The state, province, or other jurisdiction under which
the foreign limited partnership was organized and the date of
its formation;
(3) The name and address of any agent for service of
process on the foreign limited partnership whom the foreign
limited partnership appoints pursuant to RCW 25.10.040(2)
and (3). The agent must be an individual resident of this
state, a domestic corporation, or a foreign corporation having
a place of business in, and authorized to do business in this
state;
(4) A statement that the secretary of state is appointed
the agent of the foreign limited partnership for service of
process if the agent’s authority has been revoked or if the
agent cannot be found or served with the exercise of
reasonable diligence;
(5) The address of the office required to be maintained
in the state or other jurisdiction of its organization by the
laws of that state or other jurisdiction or, if not so required,
of the principal office of the foreign limited partnership;
(6) The name and business address of each general
partner;
(2002 Ed.)
Limited Partnerships
(7) The addresses of the office at which a list is kept of
the names and addresses of the limited partners and their
capital contributions, together with an undertaking by the
foreign limited partnership to keep those records until the
foreign limited partnership’s registration in this state is canceled; and
(8) If the foreign limited partnership was organized
under laws of a jurisdiction other than another state, a copy
of a written partnership agreement, in English language.
[1987 c 55 § 33; 1981 c 51 § 49.]
25.10.500 Issuance of registration. (1) If the
secretary of state finds that an application for registration
conforms to law and all requisite fees have been paid, the
secretary shall:
(a) Endorse on the application the word "Filed", and the
month, day, and year of the filing thereof;
(b) File in his or her office a duplicate original of the
application; and
(c) Issue a certificate of registration to transact business
in this state.
(2) The certificate of registration, together with a
duplicate original of the application, shall be returned to the
person who filed the application or his representative. [1981
c 51 § 50.]
25.10.510 Name—Foreign limited partnership. A
foreign limited partnership may register with the secretary of
state under any name, whether or not it is the name under
which it is registered in its place of organization, that includes the words "limited partnership" or the abbreviation
"L.P." and that could be registered by a domestic limited
partnership. [1987 c 55 § 34; 1981 c 51 § 51.]
Name of limited partnership: RCW 25.10.020, 25.10.030.
25.10.520 Changes and amendments. If any
statement in the application for registration of a foreign
limited partnership was false when made or any arrangements or other facts described have changed, making the
application inaccurate in any respect, the general partner of
the foreign limited partnership shall promptly file in the
office of the secretary of state a certificate, signed and sworn
to by a general partner, correcting such statement. [1981 c
51 § 52.]
25.10.530 Cancellation of registration. A foreign
limited partnership may cancel its registration by filing with
the secretary of state a certificate of cancellation signed and
sworn to by a general partner. A cancellation does not
terminate the authority of the secretary of state to accept
service of process on the foreign limited partnership with
respect to causes of action arising out of the transactions of
business in this state. [1981 c 51 § 53.]
25.10.540 Transaction of business without registration. (1) A foreign limited partnership transacting business
in this state may not maintain any action, suit, or proceeding
in any court of this state until it has registered in this state.
(2) The failure of a foreign limited partnership to
register in this state does not impair the validity of any
(2002 Ed.)
25.10.490
contract or act of the foreign limited partnership or prevent
the foreign limited partnership from defending any action,
suit, or proceeding in any court of this state.
(3) A limited partner of a foreign limited partnership is
not liable as a general partner of the foreign limited partnership solely by reason of having transacted business in this
state without registration.
(4) Without excluding other activities which may not
constitute transacting business in this state, a foreign limited
partnership shall not be considered to be transacting business
in this state, for the purposes of this title, by reason of
carrying on in this state any one or more of the following
activities:
(a) Defending any action or suit or any administrative
or arbitration proceeding, or effecting the settlement thereof
or the settlement of claims or disputes.
(b) Holding meetings of its partners or carrying on other
activities concerning its internal affairs.
(c) Maintaining bank accounts.
(d) Maintaining offices or agencies for the transfer, exchange, and registration of its interests, or appointing and
maintaining trustees or depositaries with relation to its
interests.
(e) Effecting sales through independent contractors.
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where such orders
require acceptance without this state before becoming
binding contracts.
(g) Creating evidences of debt, mortgages, or liens on
real or personal property.
(h) Securing or collecting debts or enforcing any rights
in property securing the same.
(i) Transacting any business in interstate commerce.
(j) Conducting an isolated transaction completed within
a period of thirty days and not in the course of a number of
repeated transactions of like nature.
(5) A foreign limited partnership, by transacting business in this state without registration, appoints the secretary
of state as its agent for service of process with respect to
causes of action arising out of the transaction of business in
this state. [1981 c 51 § 54.]
25.10.550 Action by secretary of state. The secretary of state may bring an action to restrain a foreign limited
partnership from transacting business in this state in violation
of this article. [1981 c 51 § 55.]
25.10.553
Revocation of registration—
Commencement of proceeding. The secretary of state may
commence a proceeding under RCW 25.10.555 to revoke
registration of a foreign limited partnership authorized to
transact business in this state if:
(1) The foreign limited partnership is without a registered agent or registered office in this state for sixty days or
more;
(2) The foreign limited partnership does not inform the
secretary of state under RCW 25.10.520 that its registered
agent or registered office has changed, that its registered
agent has resigned, or that its registered office has been
discontinued within sixty days of the change, resignation, or
discontinuance;
[Title 25 RCW—page 31]
25.10.553
Title 25 RCW: Partnerships
(3) A general partner or other agent of the foreign
limited partnership signed a document knowing it was false
in any material respect with intent that the document be
delivered to the secretary of state for filing;
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of partnership records in the jurisdiction under
which the foreign limited partnership was organized stating
that the foreign limited partnership has been dissolved or its
limited partnership certificate canceled; or
(5) The foreign limited partnership does not deliver its
completed periodic report to the secretary of state when it is
due. [1998 c 277 § 4; 1991 c 269 § 43.]
Findings—1998 c 277: See note following RCW 25.10.079.
25.10.555 Revocation of registration—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.10.553 for revocation of a foreign limited partnership’s
registration, the secretary of state shall give the foreign
limited partnership written notice of the determination by
first class mail, postage prepaid, stating in the notice the
ground or grounds for and effective date of the secretary of
state’s determination, which date shall not be earlier than the
date on which the notice is mailed.
(2) If the foreign limited partnership does not correct
each ground for revocation or demonstrate to the reasonable
satisfaction of the secretary of state that each ground
determined by the secretary of state does not exist within
sixty days after notice is effective, the secretary of state shall
revoke the foreign limited partnership’s registration by signing a certificate of revocation that recites the ground or
grounds for revocation and its effective date. The secretary
of state shall file the original of the certificate and mail a
copy to the foreign limited partnership.
(3) Documents to be mailed by the secretary of state to
a foreign limited partnership for which provision is made in
this section shall be sent to the foreign limited partnership at
the address of the agent for service of process contained in
the application or certificate of this partnership which is
most recently filed with the secretary of state.
(4) The authority of a foreign limited partnership to
transact business in this state ceases on the date shown on
the certificate revoking its registration.
(5) The secretary of state’s revocation of a foreign
limited partnership’s registration appoints the secretary of
state the foreign limited partnership’s agent for service of
process in any proceeding based on a cause of action which
arose during the time the foreign limited partnership was
authorized to transact business in this state.
(6) Revocation of a foreign limited partnership’s
registration does not terminate the authority of the registered
agent of the foreign limited partnership. [1991 c 269 § 44.]
ARTICLE 10
DERIVATIVE ACTIONS
25.10.560 Right of action. A limited partner may
bring an action in the right of a limited partnership to
recover a judgment in its favor if general partners with
authority to do so have refused to bring the action or if an
[Title 25 RCW—page 32]
effort to cause those general partners to bring the action is
not likely to succeed. [1981 c 51 § 56.]
25.10.570 Proper plaintiff. In a derivative action, the
plaintiff must be a partner at the time of bringing the action
and (1) at the time of the transaction of which he complains
or (2) his status as a partner had devolved upon him by
operation of law or pursuant to the terms of the partnership
agreement from a person who was a partner at the time of
the transaction. [1981 c 51 § 57.]
25.10.580 Pleading. In a derivative action, the
complaint shall set forth with particularity the effort of the
plaintiff to secure initiation of the action by a general partner
or the reasons for not making the effort. [1981 c 51 § 58.]
25.10.590 Expenses. If a derivative action is successful, in whole or in part, or if anything is received by the
plaintiff as a result of a judgment, compromise, or settlement
of an action or claim, the court may award the plaintiff
reasonable expenses, including reasonable attorney’s fees,
and shall direct the plaintiff to remit to the limited partnership the remainder of those proceeds received by him.
[1981 c 51 § 59.]
ARTICLE 11
FEES AND CHARGES
25.10.600 Establishment of filing fees and miscellaneous charges. The secretary of state shall adopt rules
establishing fees which shall be charged and collected for:
(1) Filing of a certificate of limited partnership for a
domestic or foreign limited partnership;
(2) Filing of a certificate of cancellation for a domestic
or foreign limited partnership;
(3) Filing of a certificate of amendment or restatement
for a domestic or foreign limited partnership;
(4) Filing an application to reserve or transfer a limited
partnership name;
(5) Filing any other statement or report authorized or
permitted to be filed;
(6) Copies, certified copies, certificates, service of
process filings, and expedited filings or other special
services.
In the establishment of a fee schedule, the secretary of state
shall, insofar as is possible and reasonable, be guided by the
fee schedule provided for corporations registering pursuant
to Title 23B RCW. Fees for copies, certified copies,
certificates of record, and service of process filings shall be
as provided for in RCW 23B.01.220.
All fees collected by the secretary of state shall be
deposited with the state treasurer pursuant to law. [1991 c
269 § 12; 1991 c 72 § 48; 1987 c 55 § 35; 1981 c 51 § 60.]
Reviser’s note: This section was amended by 1991 c 72 § 48 and by
1991 c 269 § 12, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
25.10.605 Fees for services by secretary of state.
See RCW 43.07.120.
(2002 Ed.)
Limited Partnerships
ARTICLE 12
MISCELLANEOUS
25.10.610 Authority to adopt rules. The secretary of
state shall adopt such rules as are necessary to implement the
transfer of duties and records required by this chapter
including rules providing for the transfer of existing certificates from the counties to the secretary. [1981 c 51 §
61.]
25.10.620 Construction and application. This
chapter shall be so applied and construed to effectuate its
general purpose to make uniform the law with respect to the
subject of this chapter among states enacting it. [1981 c 51
§ 62.]
25.10.630 Short title. This chapter may be cited as
the Washington uniform limited partnership act. [1981 c 51
§ 63.]
25.10.640 Severability—1981 c 51. If any provision
of this act or its application to any person or circumstance is
held invalid, the invalidity does not affect other provisions
or applications of the act which can be given effect without
the invalid provision or application, and to this end the
provisions of the act are severable. [1981 c 51 § 64.]
25.10.650 Effective date and extended effective
date—1981 c 51. Except as set forth below, the effective
date of this act is January 1, 1982:
(1) The existing provisions for execution and filing of
certificates of limited partnerships and amendments thereunder and cancellations thereof continue in effect until October
1, 1982, the extended effective date, and sections 2, 3, 4, 5,
8, 9, 10, 11, and 13 of this act are not effective until the
extended effective dates.
(2) Section 23 of this act, specifying the conditions
under which a general partner ceases to be a member of a
limited partnership, is not effective until the extended
effective date, and the applicable provisions of existing law
continue to govern until the extended effective date.
(3) Sections 27, 28, and 38 of this act apply only to
contributions and distributions made after the effective date
of this act.
(4) Section 42 of this act applies only to assignment
made after the effective date of this act.
(5) Article 9 of this act, dealing with registration of foreign limited partnerships, is not effective until the extended
effective date. [1981 c 51 § 65.]
25.10.660 Rules for class not provided for in this
chapter. In any case not provided for in this chapter, the
provisions of the Washington revised uniform partnership
act, or its successor statute, govern. [2000 c 169 § 9; 1981
c 51 § 66.]
Uniform partnership act: Chapter 25.04 RCW.
25.10.670 Application to existing partnerships. (1)
Except as provided in subsections (1) and (2) of this section,
the provisions of this title shall apply to all existing limited
(2002 Ed.)
25.10.610
partnerships formed after June 6, 1945, under any prior
statute of this state providing for the formation of limited
partnerships, except to the extent provisions of this title are
inconsistent with provisions of the certificate or partnership
agreement of such existing limited partnerships, which
partnership provisions were applicable to such limited
partnerships as of January 1, 1982, and which partnership
provisions would have been valid under any such applicable
prior statutes. Insofar as the provisions of this title are
substantially the same as statutory provisions repealed by
this title and relate to the same subject matter, such provisions shall be construed as restatements and continuations,
and not as new enactments. Neither the enactment of this
title nor the amendment of this title nor the repeal of the
prior title shall take away or impair any liability or cause of
action existing or accrued by or against any limited partnership or its partners.
(2) On or before September 30, 1982, each county clerk
shall transmit all files, records, indexes, and other documents
maintained in the county clerk’s office, pursuant to prior
statutes requiring limited partnership filings at the office of
county clerk, to the office of the secretary of state.
(3) Upon receipt of the limited partnership records from
the county clerks, the secretary of state shall thereafter treat
such county filings as a filing with the secretary of state.
The secretary of state shall establish by September 30, 1982,
a filing and record system for integration of the records
received from the county clerks and to accomplish the purposes of this chapter relating to centralized filing. [1981 c
51 § 67.]
25.10.680 Effect of invalidity of part of this title. If
a court of competent jurisdiction shall adjudge to be invalid
or unconstitutional any clause, sentence, paragraph, section,
or part of this title, such judgment or decree shall not affect,
impair, invalidate, or nullify the remainder of this title, but
the effect thereof shall be confined to the clause, sentence,
paragraph, section, or part of this title so adjudged to be
invalid or unconstitutional. [1981 c 51 § 68.]
25.10.690 Section captions. Section captions as used
in this chapter do not constitute any part of the law. [1981
c 51 § 71.]
ARTICLE 13
MERGERS
25.10.800 Merger—Plan—Effective date. (1) One
or more domestic limited partnerships may merge with one
or more domestic limited partnerships, domestic corporations, domestic partnerships, or domestic limited liability
companies pursuant to a plan of merger approved or adopted
as provided in RCW 25.10.810.
(2) The plan of merger must set forth:
(a) The name of each limited partnership, corporation,
partnership, or limited liability company planning to merge
and the name of the surviving limited partnership, corporation, partnership, or limited liability company into which the
other limited partnership, corporation, partnership, or limited
liability company plans to merge;
(b) The terms and conditions of the merger; and
[Title 25 RCW—page 33]
25.10.800
Title 25 RCW: Partnerships
(c) The manner and basis of converting the partnership
interests of each limited partnership and each partnership,
and the member interests of each limited liability company,
and the shares of each corporation party to the merger into
the partnership interests, shares, member interests, obligations, or other securities of the surviving or any other limited
partnership, partnership, corporation, or limited liability
company or into cash or other property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(b) Amendments to the articles of incorporation of the
surviving corporation;
(c) Amendments to the certificate of formation of the
surviving limited liability company; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed
effective date, it shall become effective upon the filing of
articles of merger. If the plan of merger specifies a delayed
effective time and date, the plan of merger becomes effective
at the time and date specified. If the plan of merger
specifies a delayed effective date but no time is specified,
the plan of merger is effective at the close of business on
that date. A delayed effective date for a plan of merger may
not be later than the ninetieth day after the date it is filed.
[1998 c 103 § 1314; 1991 c 269 § 11.]
25.10.810 Merger—Plan—Approval. (1) Unless
otherwise provided in its partnership agreement, approval of
a plan of merger by a domestic limited partnership party to
a merger shall occur when the plan is approved (a) by all
general partners of such limited partnership, and (b) by the
limited partners or, if there is more than one class of limited
partners, then by each class or group of limited partners of
such limited partnership, in either case, by limited partners
who own more than fifty percent of the then current percentage or other interest in the profits of such limited
partnership owned by all limited partners or by the limited
partners in each class or group, as appropriate.
(2) If a domestic corporation is a party to the merger,
the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW.
(3) If a domestic partnership is a party to the merger,
the plan of merger shall be approved as provided in RCW
25.05.375.
(4) If a domestic limited liability company is a party to
the merger, the plan of merger shall be approved as provided
in RCW 25.15.400. [1998 c 103 § 1315; 1991 c 269 § 13.]
25.10.820 Articles of merger—Filing. After a plan
of merger is approved or adopted, the surviving limited
partnership, corporation, partnership, or limited liability
company shall deliver to the secretary of state for filing articles of merger setting forth:
(1) The plan of merger;
(2) If the approval of any partners, shareholders, or
members of one or more limited partnerships, corporations,
partnerships, or limited liability companies party to the
merger was not required, a statement to that effect; or
(3) If the approval of any partners, shareholders, or
members of one or more of the limited partnerships, corpora[Title 25 RCW—page 34]
tions, partnerships, or limited liability companies party to the
merger was required, a statement that the merger was duly
approved by such partners, shareholders, and members
pursuant to RCW 25.10.810, chapter 23B.11 RCW, chapter
25.15 RCW, or RCW 25.05.375. [1998 c 103 § 1316; 1991
c 269 § 14.]
25.10.830 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited partnership, corporation, or limited liability company that is party to the merger
merges into the surviving partnership, limited partnership,
corporation, or limited liability company and the separate
existence of every partnership, limited partnership, corporation, and limited liability company except the surviving
partnership, limited partnership, corporation, or limited
liability company ceases;
(b) The title to all real estate and other property owned
by each partnership, limited partnership, corporation, and
limited liability company party to the merger is vested in the
surviving partnership, limited partnership, corporation, or
limited liability company without reversion or impairment;
(c) The surviving partnership, limited partnership,
corporation, or limited liability company has all liabilities of
each partnership, limited partnership, corporation, and limited
liability company that is party to the merger;
(d) A proceeding pending against any partnership,
limited partnership, corporation, or limited liability company
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited partnership, corporation, or limited liability company may be substituted in the proceeding for the partnership, limited partnership, corporation, or limited liability company whose
existence ceased;
(e) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(f) The articles of incorporation of the surviving
corporation are amended to the extent provided in the plan
of merger;
(g) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger; and
(h) The former holders of the partnership interests of
every domestic partnership or limited partnership that is
party to the merger and the former holders of the shares of
every domestic corporation that is party to the merger and
the former holders of member interests of every domestic
limited liability company are entitled only to the rights
provided in the articles of merger or to their rights under
RCW 25.10.900 through 25.10.955, to the rights under
chapter 23B.13 RCW, to the rights under chapter 25.05
RCW, or to the rights under RCW 25.15.425 through
25.15.480.
(2) Unless otherwise agreed, a merger of a domestic
limited partnership, including a domestic limited partnership
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(2002 Ed.)
Limited Partnerships
(3) Unless otherwise agreed, a merger of a domestic
partnership, including a domestic partnership which is not
the surviving entity in the merger, shall not require the
domestic partnership to wind up its affairs under article 8 of
chapter 25.05 RCW.
(4) Unless otherwise agreed, a merger of a domestic
limited liability company, including a domestic limited
liability company which is not the surviving entity in the
merger, shall not require the domestic limited liability
company to wind up its affairs under article 8 of chapter
25.15 RCW. [1998 c 103 § 1317; 1991 c 269 § 15.]
25.10.840 Merger—Foreign and domestic. (1) One
or more foreign limited partnerships, foreign partnerships,
foreign limited liability companies, and one or more foreign
corporations may merge with one or more domestic partnerships, domestic limited partnerships, domestic limited
liability companies, or domestic corporations if:
(a) The merger is permitted by the law of the jurisdiction under which each foreign limited partnership was
organized, and each foreign corporation was incorporated,
and each foreign partnership, foreign limited partnership,
foreign limited liability company, and foreign corporation
complies with that law in effecting the merger;
(b) The surviving entity complies with RCW 25.10.820
and 25.05.380;
(c) Each domestic limited partnership complies with
RCW 25.10.810;
(d) Each domestic corporation complies with RCW
23B.11.080; and
(e) Each domestic limited liability company complies
with RCW 25.15.400.
(2) Upon the merger taking effect, a surviving foreign
partnership, foreign limited partnership, foreign limited
liability company, or foreign corporation is deemed to
appoint the secretary of state as its agent for service of
process in a proceeding to enforce any obligation or the
rights of dissenting partners or shareholders of each domestic
partnership, domestic limited partnership, domestic limited
liability company, or domestic corporation party to the
merger. [1998 c 103 § 1318; 1991 c 269 § 16.]
ARTICLE 14
DISSENTERS’ RIGHTS
25.10.900 Definitions. As used in this article:
(1) "Limited partnership" means the domestic limited
partnership in which the dissenter holds or held a partnership
interest, or the surviving limited partnership or corporation
by merger, whether foreign or domestic, of that limited
partnership.
(2) "Dissenter" means a partner who is entitled to
dissent from a plan of merger and who exercises that right
when and in the manner required by this article.
(3) "Fair value," with respect to a dissenter’s partnership
interest, means the value of the partnership interest immediately before the effectuation of the merger to which the
dissenter objects, excluding any appreciation or depreciation
in anticipation of the merger unless exclusion would be
inequitable.
(2002 Ed.)
25.10.830
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate
currently paid by the limited partnership on its principal
bank loans or, if none, at a rate that is fair and equitable
under all the circumstances. [1991 c 269 § 17.]
25.10.905 Partner—Dissent—Payment of fair value.
(1) Except as provided in RCW 25.10.915 or 25.10.925(2),
a partner of a domestic limited partnership is entitled to
dissent from, and obtain payment of, the fair value of the
partner’s partnership interest in the event of consummation
of a plan of merger to which the limited partnership is a
party as permitted by RCW 25.10.800 or 25.10.840.
(2) A partner entitled to dissent and obtain payment for
the partner’s partnership interest under this article may not
challenge the merger creating the partner’s entitlement unless
the merger fails to comply with the procedural requirements
imposed by this title, Title 23B RCW, the partnership
agreement, or is fraudulent with respect to the partner or the
limited partnership.
(3) The right of a dissenting partner to obtain payment
of the fair value of the partner’s partnership interest shall
terminate upon the occurrence of any one of the following
events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
(c) The partner’s demand for payment is withdrawn with
the written consent of the limited partnership. [1991 c 269
§ 18.]
25.10.910 Dissenters’ rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the limited partnership must send a written notice to
all partners who are entitled to vote on or approve the plan
of merger that they may be entitled to assert dissenters’
rights under this article. Such notice shall be accompanied
by a copy of this article.
(2) The limited partnership shall notify in writing all
partners not entitled to vote on or approve the plan of
merger that the plan of merger was approved, and send them
the dissenters’ notice as required by RCW 25.10.920. [1991
c 269 § 19.]
25.10.915 Partner—Dissent—Voting restriction. A
partner who is entitled to vote on or approve the plan of
merger and who wishes to assert dissenters’ rights must not
vote in favor of or approve the plan of merger. A partner
who does not satisfy the requirements of this section is not
entitled to payment for the partner’s interest under this
article. [1991 c 269 § 20.]
25.10.920 Partners—Dissenters’ notice—
Requirements. (1) If the plan of merger is approved, the
limited partnership shall deliver a written dissenters’ notice
to all partners who satisfied the requirements of RCW
25.10.915.
(2) The dissenters’ notice required by RCW
25.10.910(2) or by subsection (1) of this section must be
sent within ten days after the approval of the plan of merger,
and must:
[Title 25 RCW—page 35]
25.10.920
Title 25 RCW: Partnerships
(a) State where the payment demand must be sent;
(b) Inform holders of the partnership interest as to the
extent transfer of the partnership interest will be restricted as
permitted by RCW 25.10.930 after the payment demand is
received;
(c) Supply a form for demanding payment;
(d) Set a date by which the limited partnership must
receive the payment demand, which date may not be fewer
than thirty nor more than sixty days after the date the notice
under this section is delivered; and
(e) Be accompanied by a copy of this article. [1991 c
269 § 21.]
25.10.925 Partner—Payment demand—Entitlement.
(1) A partner who demands payment retains all other rights
of a partner until the proposed merger becomes effective.
(2) A partner sent a dissenters’ notice who does not
demand payment by the date set in the dissenters’ notice is
not entitled to payment for the partner’s partnership interest
under this article. [1991 c 269 § 22.]
25.10.930 Partnership interests—Transfer restrictions. The limited partnership may restrict the transfer of
partnership interests from the date the demand for their
payment is received until the proposed merger becomes
effective or the restriction is released under this article.
[1991 c 269 § 23.]
25.10.935 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date
the proposed merger becomes effective, or the payment
demand is received, the limited partnership shall pay each
dissenter who complied with RCW 25.10.925 the amount the
limited partnership estimates to be the fair value of the
partnership interest, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the most
recent fiscal year maintained as required by RCW 25.10.050;
(b) An explanation of how the limited partnership
estimated the fair value of the partnership interest;
(c) An explanation of how the accrued interest was
calculated;
(d) A statement of the dissenter’s right to demand payment; and
(e) A copy of this article. [1991 c 269 § 24.]
25.10.940 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the limited partnership shall release any
transfer restrictions imposed as permitted by RCW
25.10.930.
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the limited partnership must send
a new dissenters’ notice as provided in RCW 25.10.910(2)
and 25.10.920 and repeat the payment demand procedure.
[1991 c 269 § 25.]
25.10.945 Dissenter’s estimate of fair value—Notice.
(1) A dissenter may notify the limited partnership in writing
of the dissenter’s own estimate of the fair value of the
[Title 25 RCW—page 36]
dissenter’s partnership interest and amount of interest due,
and demand payment of the dissenter’s estimate, less any
payment under RCW 25.10.935, if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter’s partnership interest or
that the interest due is incorrectly calculated;
(b) The limited partnership fails to make payment within
sixty days after the date set for demanding payment; or
(c) The limited partnership, having failed to effectuate
the proposed merger, does not release the transfer restrictions
imposed on partnership interests as permitted by RCW
25.10.930 within sixty days after the date set for demanding
payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the limited
partnership of the dissenter’s demand in writing under
subsection (1) of this section within thirty days after the
limited partnership made payment for the dissenter’s partnership interest. [1991 c 269 § 26.]
25.10.950 Unsettled demand for payment—
Proceeding—Parties—Appraisers. (1) If a demand for
payment under RCW 25.10.945 remains unsettled, the
limited partnership shall commence a proceeding within sixty
days after receiving the payment demand and petition the
court to determine the fair value of the partnership interest
and accrued interest. If the limited partnership does not
commence the proceeding within the sixty-day period, it
shall pay each dissenter whose demand remains unsettled the
amount demanded.
(2) The limited partnership shall commence the proceeding in the superior court. If the limited partnership is a
domestic limited partnership, it shall commence the proceeding in the county where its office is maintained as required
by RCW 25.10.040(1). If the limited partnership is a
domestic corporation, it shall commence the proceeding in
the county where its principal office, as defined in *RCW
23B.01.400(17), is located, or if none is in this state, its registered office under RCW 23B.05.010. If the limited partnership is a foreign limited partnership or corporation
without a registered office in this state, it shall commence
the proceeding in the county in this state where the office of
the domestic limited partnership maintained pursuant to
RCW 25.10.040(1) merged with the foreign limited partnership or foreign corporation was located.
(3) The limited partnership shall make all dissenters
(whether or not residents of this state) whose demands
remain unsettled parties to the proceeding as in an action
against their partnership interests and all parties must be
served with a copy of the petition. Nonresidents may be
served by registered or certified mail or by publication as
provided by law.
(4) The limited partnership may join as a party to the
proceeding any partner who claims to be a dissenter but who
has not, in the opinion of the limited partnership, complied
with the provisions of this chapter. If the court determines
that such partner has not complied with the provisions of this
article, the partner shall be dismissed as a party.
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evi(2002 Ed.)
Limited Partnerships
dence and recommend decisions on the question of fair
value. The appraisers have the powers described in the
order appointing them or in any amendment to it. The
dissenters are entitled to the same discovery rights as parties
in other civil proceedings.
(6) Each dissenter made a party to the proceeding is
entitled to judgment for the amount, if any, by which the
court finds the fair value of the dissenter’s partnership
interest, plus interest, exceeds the amount paid by the limited
partnership. [1991 c 269 § 27.]
*Reviser’s note: RCW 23B.01.400 was amended by 1991 c 269 §
35, changing subsection (17) to subsection (19); was subsequently amended
by 2000 c 168 § 1, changing subsection (19) to subsection (20); and was
subsequently amended by 2002 c 297 § 9, changing subsection (20) to
subsection (22).
25.10.955 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.10.950 shall determine all
costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The
court shall assess the costs against the limited partnership,
except that the court may assess the costs against all or some
of the dissenters, in amounts the court finds equitable, to the
extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the limited partnership and in favor of any
or all dissenters if the court finds the limited partnership did
not substantially comply with the requirements of this article;
or
(b) Against either the limited partnership or a dissenter,
in favor of any other party, if the court finds that the party
against whom the fees and expenses are assessed acted
arbitrarily, vexatiously, or not in good faith with respect to
the rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should
not be assessed against the limited partnership, the court may
award to these counsel reasonable fees to be paid out of the
amounts awarded the dissenters who were benefited. [1991
c 269 § 28.]
Chapter 25.12
LIMITED PARTNERSHIPS EXISTING PRIOR TO
JUNE 6, 1945
Sections
25.12.005
25.12.010
25.12.020
25.12.030
25.12.040
25.12.050
25.12.060
25.12.070
25.12.080
25.12.090
25.12.100
(2002 Ed.)
Application of chapter.
Limited partnership may be formed.
Of whom composed—Liability of members.
Certificate to be made, acknowledged and filed.
Certificate of partnership—Publication.
Renewal of limited partnership.
Name of firm—When special partner liable as general partner.
Withdrawal of stock and profits—Effect.
Suits by and against limited partnership—Parties.
Dissolution, how accomplished.
Liabilities and rights of members of firm.
25.10.950
25.12.005 Application of chapter. The provisions of
this chapter shall apply only to those limited partnerships
which were in existence on or prior to June 6, 1945 and
which have not become a limited partnership under *chapter
25.08 RCW. [1955 c 15 § 25.12.005.]
*Reviser’s note: Chapter 25.08 RCW was repealed in its entirety by
1981 c 51 § 72; later enactment, see chapter 25.10 RCW.
25.12.010 Limited partnership may be formed.
Limited partnerships for the transaction of mercantile,
mechanical, or manufacturing business may be formed within this state, by two or more persons, upon the terms and
subject to the conditions contained in this chapter. [1955 c
15 § 25.12.010. Prior: 1869 p 380 § 1; RRS § 9966.]
25.12.020 Of whom composed—Liability of members. A limited partnership may consist of two or more
persons, who are known and called general partners, and are
jointly liable as general partners now are by law, and of two
or more persons who shall contribute to the common stock
a specific sum in actual money as capital, and are known
and called special partners, and are not personally liable for
any of the debts of the partnership, except as in this chapter
specially provided. [1955 c 15 § 25.12.020. Prior: 1927 c
106 § 1; 1869 p 380 § 2; RRS § 9967.]
25.12.030 Certificate to be made, acknowledged and
filed. The persons forming such partnership shall make and
severally subscribe a certificate, in duplicate, and file one of
such certificates with the county auditor of the county in
which the principal place of business of the partnership is to
be. Before being filed, the execution of such certificate shall
be acknowledged by each partner subscribing it before some
officer authorized to take acknowledgments of deeds; and
such certificate shall contain the name assumed by the
partnership and under which its business is to be conducted,
the names and respective places of residence of all the
general and special partners, the amount of capital which
each special partner has contributed to the common stock,
the general nature of the business to be transacted, and the
time when the partnership is to commence, and when it is to
terminate. [1955 c 15 § 25.12.030. Prior: 1869 p 380 § 3;
RRS § 9968.]
25.12.040 Certificate of partnership—Publication.
The partnership cannot commence before the filing of the
certificate of partnership, and if a false statement is made in
the certificate, all the persons subscribing thereto are liable
as general partners for all the debts of the partnership. The
partners shall, for four consecutive weeks immediately after
the filing of the certificate of partnership, publish a copy of
it in some newspaper of general circulation in the county
where the principal place of business of the partnership is,
and until the publication is made and completed, the partnership is to be deemed general. [1985 c 469 § 12; 1955 c 15
§ 25.12.040. Prior: 1869 p 380 § 4; RRS § 9969.]
25.12.050 Renewal of limited partnership. A limited
partnership may be continued or renewed by making,
[Title 25 RCW—page 37]
25.12.050
Title 25 RCW: Partnerships
acknowledging, filing, and publishing a certificate thereof, in
the manner provided in this chapter for the formation of such
partnership originally, and every such partnership, not
renewed or continued as herein provided, from and after the
expiration thereof according to the original certificate, shall
be a general partnership. [1955 c 15 § 25.12.050. Prior:
1869 p 381 § 5; RRS § 9970.]
25.12.100 Liabilities and rights of members of firm.
In all cases not otherwise provided for in this chapter, all the
members of limited partnerships shall be subject to all the
liabilities and entitled to all the rights of general partners.
[1955 c 15 § 25.12.100. Prior: 1869 p 382 § 10; RRS §
9975.]
25.12.060 Name of firm—When special partner
liable as general partner. The business of the partnership
may be conducted under a name in which the names of the
general partners only shall be inserted, without the addition
of the word "company" or any other general term. If the
name of any special partner is used in such firm with his
consent or privity, he shall be deemed and treated as a
general partner, or if he personally makes any contract
respecting the concerns of the partnership with any person
except the general partners, he shall be deemed and treated
as a general partner in relation to such contract, unless he
makes it appear that in making such contract he acted and
was recognized as a special partner only. [1955 c 15 §
25.12.060. Prior: 1869 p 381 § 6; RRS § 9971.]
Chapter 25.15
LIMITED LIABILITY COMPANIES
25.12.070 Withdrawal of stock and profits—Effect.
During the continuance of any partnership formed under this
chapter no part of the capital stock thereof shall be withdrawn, nor any division of interests or profits be made, so as
to reduce such capital stock below the sum stated in the
certificate of partnership before mentioned; and if at any
time during the continuance or at the termination of such
partnership, the property or assets thereof are not sufficient
to satisfy the partnership debts then the special partners shall
be severally liable for all sums or amounts by them in any
way received or withdrawn from such capital stock, with
interest thereon from the time they were so received or
withdrawn respectively. [1955 c 15 § 25.12.070. Prior:
1869 p 381 § 7; RRS § 9972.]
25.12.080 Suits by and against limited partnership—Parties. All actions, suits or proceedings respecting
the business of such partnership shall be prosecuted by and
against the general partners only, except in those cases
where special partners or partnerships are to be deemed general partners or partnerships, in which case all the partners
deemed general partners may join therein; and excepting also
those cases where special partners are severally liable on
account of sums or amounts received or withdrawn from the
capital stock as provided in RCW 25.12.070. [1955 c 15 §
25.12.080. Prior: 1869 p 381 § 8; RRS § 9973.]
25.12.090 Dissolution, how accomplished. No
dissolution of a limited partnership shall take place except by
operation of law, before the time specified in the certificate
of partnership, unless a notice of such dissolution, subscribed
by the general and special partners is filed with the original
certificate of partnership or the certificate, if any, renewing
or continuing such partnership nor unless a copy of such
notice be published for the time and in the manner prescribed for the publication of the certificate of partnership.
[1955 c 15 § 25.12.090. Prior: 1869 p 382 § 9; RRS §
9974.]
[Title 25 RCW—page 38]
Sections
ARTICLE I. GENERAL PROVISIONS
25.15.005
25.15.007
25.15.010
25.15.015
25.15.020
25.15.025
25.15.030
25.15.035
25.15.040
25.15.045
25.15.050
25.15.055
25.15.060
Definitions.
Standards for electronic filing—Rules.
Name set forth in certificate of formation.
Reserved name—Registered name.
Registered office—Registered agent.
Service of process on domestic limited liability companies.
Nature of business permitted—Powers.
Business transactions of member or manager with the limited liability company.
Limitation of liability and indemnification.
Professional limited liability companies.
Member agreements.
Membership residency.
Piercing the veil.
ARTICLE II. FORMATION: CERTIFICATE OF
FORMATION, AMENDMENT, FILING AND EXECUTION
25.15.070
25.15.075
25.15.080
25.15.085
25.15.090
25.15.095
25.15.100
25.15.105
Certificate of formation.
Amendment to certificate of formation.
Cancellation of certificate.
Execution.
Execution, amendment, or cancellation by judicial order.
Filing.
Restated certificate.
Initial and annual reports.
25.15.115
25.15.120
25.15.125
25.15.130
25.15.135
25.15.140
Admission of members.
Voting and classes of membership.
Liability of members and managers to third parties.
Events of dissociation.
Records and information.
Remedies for breach of limited liability company agreement
by member.
ARTICLE III. MEMBERS
ARTICLE IV. MANAGEMENT AND MANAGERS
25.15.150
25.15.155
25.15.160
25.15.165
25.15.170
25.15.175
25.15.180
25.15.185
Management.
Liability of managers and members.
Manager—Members’ rights and duties.
Voting and classes of managers.
Remedies for breach of limited liability company agreement
by manager.
Reliance on reports and information by member or manager.
Resignation of manager.
Loss of sole remaining manager.
25.15.190
25.15.195
25.15.200
25.15.205
Form of contribution.
Liability for contribution.
Allocation of profits and losses.
Allocation of distributions.
ARTICLE V. FINANCE
ARTICLE VI. DISTRIBUTIONS AND RESIGNATION
25.15.215
25.15.220
25.15.225
25.15.230
25.15.235
Interim distributions.
Distribution on event of dissociation.
Distribution in-kind.
Right to distribution.
Limitations on distribution.
(2002 Ed.)
Limited Liability Companies
ARTICLE VII. ASSIGNMENT OF
LIMITED LIABILITY COMPANY INTERESTS
25.15.245
25.15.250
25.15.255
25.15.260
Nature of limited liability company interest—Certificate of
interest.
Assignment of limited liability company interest.
Rights of judgment creditor.
Right of assignee to become member.
Chapter 25.15
25.15.810 Authority to adopt rules.
25.15.900 Effective date—1994 c 211.
25.15.901 Short title.
25.15.902 Severability—1994 c 211.
Limited liability partnerships: Chapter 25.04 RCW.
ARTICLE I. GENERAL PROVISIONS
ARTICLE VIII. DISSOLUTION
25.15.270
25.15.275
25.15.280
25.15.285
25.15.290
25.15.295
25.15.300
Dissolution.
Judicial dissolution.
Administrative dissolution—Commencement of proceeding.
Administrative dissolution—Notice—Opportunity to correct
deficiencies.
Administrative dissolution—Reinstatement—Application—
When effective.
Winding up.
Distribution of assets.
ARTICLE IX. FOREIGN LIMITED LIABILITY COMPANIES
25.15.310
25.15.315
25.15.320
25.15.325
25.15.330
25.15.335
25.15.340
25.15.345
25.15.350
25.15.355
25.15.360
25.15.365
25.15.366
Law governing.
Registration required—Application.
Issuance of registration.
Name—Registered office—Registered agent.
Amendments to application.
Cancellation of registration.
Doing business without registration.
Foreign limited liability companies doing business without
having qualified—Injunctions.
Transactions not constituting transacting business.
Service of process on registered foreign limited liability
companies.
Service of process on unregistered foreign limited liability
companies.
Revocation of registration—Requirements for commencement.
Revocation of registration—Procedure—Notice—Correction
of grounds—Certificate of revocation—Authority of
agent.
ARTICLE X. DERIVATIVE ACTIONS
25.15.370
25.15.375
25.15.380
25.15.385
Right to bring action.
Proper plaintiff.
Complaint.
Expenses.
25.15.395
25.15.400
25.15.405
25.15.410
25.15.415
Merger—Plan—Effective date.
Merger—Plan—Approval.
Articles of merger—Filing.
Effect of merger.
Merger—Foreign and domestic.
25.15.425
25.15.430
25.15.435
25.15.440
25.15.445
25.15.450
25.15.455
25.15.460
25.15.465
Definitions.
Member—Dissent—Payment of fair value.
Dissenters’ rights—Notice—Timing.
Member—Dissent—Voting restriction.
Members—Dissenters’ notice—Requirements.
Member—Payment demand—Entitlement.
Member’s interests—Transfer restriction.
Payment of fair value—Requirements for compliance.
Merger—Not effective within sixty days—Transfer restrictions.
Dissenter’s estimate of fair value—Notice.
Unsettled demand for payment—Proceeding—Parties—
Appraisers.
Unsettled demand for payment—Costs—Fees and expenses
of counsel.
ARTICLE XI. MERGERS
ARTICLE XII. DISSENTERS’ RIGHTS
25.15.470
25.15.475
25.15.480
ARTICLE XIII. MISCELLANEOUS
25.15.800
25.15.805
(2002 Ed.)
Construction and application of chapter and limited liability
company agreement.
Establishment of filing fees and miscellaneous charges.
25.15.005 Definitions. As used in this chapter, unless
the context otherwise requires:
(1) "Certificate of formation" means the certificate
referred to in RCW 25.15.070, and the certificate as amended.
(2) "Event of dissociation" means an event that causes
a person to cease to be a member as provided in RCW
25.15.130.
(3) "Foreign limited liability company" means an entity
that is formed under:
(a) The limited liability company laws of any state other
than this state; or
(b) The laws of any foreign country that is: (i) An
unincorporated association, (ii) formed under a statute
pursuant to which an association may be formed that affords
to each of its members limited liability with respect to the
liabilities of the entity, and (iii) not required, in order to
transact business or conduct affairs in this state, to be registered or qualified under Title 23B or 24 RCW, or any other
chapter of the Revised Code of Washington authorizing the
formation of a domestic entity and the registration or
qualification in this state of similar entities formed under the
laws of a jurisdiction other than this state.
(4) "Limited liability company" and "domestic limited
liability company" means a limited liability company having
one or more members that is organized and existing under
this chapter.
(5) "Limited liability company agreement" means any
written agreement of the members, or any written statement
of the sole member, as to the affairs of a limited liability
company and the conduct of its business which is binding
upon the member or members.
(6) "Limited liability company interest" means a
member’s share of the profits and losses of a limited liability
company and a member’s right to receive distributions of the
limited liability company’s assets.
(7) "Manager" or "managers" means, with respect to a
limited liability company that has set forth in its certificate
of formation that it is to be managed by managers, the
person, or persons designated in accordance with RCW
25.15.150(2).
(8) "Member" means a person who has been admitted
to a limited liability company as a member as provided in
RCW 25.15.115 and who has not been dissociated from the
limited liability company.
(9) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or
commercial entity.
(10) "Professional limited liability company" means a
limited liability company which is organized for the purpose
of rendering professional service and whose certificate of
[Title 25 RCW—page 39]
25.15.005
Title 25 RCW: Partnerships
formation sets forth that it is a professional limited liability
company subject to RCW 25.15.045.
(11) "Professional service" means the same as defined
under RCW 18.100.030.
(12) "State" means the District of Columbia or the
Commonwealth of Puerto Rico or any state, territory,
possession, or other jurisdiction of the United States other
than the state of Washington. [2002 c 296 § 3; 2000 c 169
§ 1; 1995 c 337 § 13; 1994 c 211 § 101.]
Effective date—1995 c 337: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 337 § 23.]
25.15.007 Standards for electronic filing—Rules.
The secretary of state may adopt rules to facilitate electronic
filing. The rules will detail the circumstances under which
the electronic filing of documents will be permitted, how the
documents will be filed, and how the secretary of state will
return filed documents. The rules may also impose additional requirements related to implementation of electronic filing
processes, including but not limited to file formats, signature
technologies, delivery, and the types of entities, records, or
documents permitted. [2002 c 74 § 15.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.010 Name set forth in certificate of formation.
(1) The name of each limited liability company as set forth
in its certificate of formation:
(a) Must contain the words "Limited Liability Company," the words "Limited Liability" and abbreviation "Co.," or
the abbreviation "L.L.C." or "LLC";
(b) Except as provided in subsection (1)(d) of this
section, may contain the name of a member or manager;
(c) Must not contain language stating or implying that
the limited liability company is organized for a purpose other
than those permitted by RCW 25.15.030;
(d) Must not contain any of the words or phrases:"Bank," "banking," "banker," "trust," "cooperative,"
"partnership," "corporation," "incorporated," or the abbreviations "corp.," "ltd.," or "inc.," or "LP," "L.P.," "LLP,"
"L.L.P.," or any combination of the words "industrial" and
"loan," or any combination of any two or more of the words
"building," "savings," "loan," "home," "association," and
"society," or any other words or phrases prohibited by any
statute of this state; and
(e) Must be distinguishable upon the records of the
secretary of state from the names described in RCW
23B.04.010(1)(d) and 25.10.020(1)(d), and the names of any
limited liability company reserved, registered, or formed
under the laws of this state or qualified to do business as a
foreign limited liability company in this state.
(2) A limited liability company may apply to the
secretary of state for authorization to use any name which is
not distinguishable upon the records of the secretary of state
from one or more of the names described in subsection
(1)(e) of this section. The secretary of state shall authorize
use of the name applied for if the other corporation, limited
partnership, limited liability partnership, or limited liability
company consents in writing to the use and files with the
secretary of state documents necessary to change its name or
the name reserved or registered to a name that is distin[Title 25 RCW—page 40]
guishable upon the records of the secretary of state from the
name of the applying limited liability company.
(3) A name shall not be considered distinguishable upon
the records of the secretary of state by virtue of:
(a) A variation in any of the following designations for
the same name: "Corporation," "incorporated," "company,"
"limited," "partnership," "limited partnership," "limited
liability company," or "limited liability partnership," or the
abbreviations "corp.," "inc.," "co.," "ltd.," "LP," "L.P.,"
"LLP," "L.L.P.," "LLC," or "L.L.C.";
(b) The addition or deletion of an article or conjunction
such as "the" or "and" from the same name;
(c) Punctuation, capitalization, or special characters or
symbols in the same name; or
(d) Use of abbreviation or the plural form of a word in
the same name.
(4) This chapter does not control the use of assumed
business names or "trade names." [1998 c 102 § 9; 1996 c
231 § 5; 1994 c 211 § 102.]
25.15.015 Reserved name—Registered name. (1)
Reserved Name.
(a) A person may reserve the exclusive use of a limited
liability company name by delivering an application to the
secretary of state for filing. The application must set forth
the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the
limited liability company name applied for is available, the
secretary of state shall reserve the name for the applicant’s
exclusive use for a nonrenewable one hundred eighty-day
period.
(b) The owner of a reserved limited liability company
name may transfer the reservation to another person by
delivering to the secretary of state a signed notice of the
transfer that states the name and address of the transferee.
(2) Registered Name.
(a) A foreign limited liability company may register its
name if the name is distinguishable upon the records of the
secretary of state from the names specified in RCW
25.15.010.
(b) A foreign limited liability company registers its
name by delivering to the secretary of state for filing an
application that:
(i) Sets forth its name and the state or country and date
of its organization; and
(ii) Is accompanied by a certificate of existence, or a
document of similar import, from the state or country of
organization.
(c) The name is registered for the applicant’s exclusive
use upon the effective date of the application and until the
close of the calendar year in which the application for
registration is filed.
(d) A foreign limited liability company whose registration is effective may renew it for successive years by
delivering to the secretary of state for filing a renewal
application, which complies with the requirements of (b) of
this subsection, between October 1st and December 31st of
the preceding year. The renewal application when filed
renews the registration for the following calendar year.
(e) A foreign limited liability company whose registration is effective may thereafter qualify as a foreign limited
(2002 Ed.)
Limited Liability Companies
liability company under the registered name, or consent in
writing to the use of that name by a limited liability company thereafter organized under this chapter, by a corporation
thereafter formed under Title 23B RCW, by a limited
partnership thereafter formed under chapter 25.10 RCW, or
by another foreign limited liability company, foreign corporation, or foreign limited partnership thereafter authorized to
transact business in this state. The registration terminates
when the domestic limited liability company is organized,
the domestic corporation is incorporated, or the domestic
limited partnership is formed, or the foreign limited liability
company qualifies or consents to the qualification of another
foreign limited liability company, corporation, or limited
partnership under the registered name. [1998 c 102 § 11;
1994 c 211 § 103.]
25.15.020 Registered office—Registered agent. (1)
Each limited liability company shall continuously maintain
in this state:
(a) A registered office, which may but need not be a
place of its business in this state. The registered office shall
be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address
or rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in conjunction with the registered office
address if the limited liability company also maintains on file
the specific geographic address of the registered office where
personal service of process may be made;
(b) A registered agent for service of process on the
limited liability company, which agent may be either an
individual resident of this state whose business office is
identical with the limited liability company’s registered
office, or a domestic corporation, limited partnership, or
limited liability company, or a foreign corporation, limited
partnership, or limited liability company authorized to do
business in this state having a business office identical with
such registered office; and
(c) A registered agent who shall not be appointed
without having given prior written consent to the appointment. The written consent shall be filed with the secretary
of state in such form as the secretary may prescribe. The
written consent shall be filed with or as a part of the
document first appointing a registered agent.
(2) A limited liability company may change its registered office or registered agent by delivering to the secretary
of state for filing a statement of change that sets forth:
(a) The name of the limited liability company;
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with
subsection (1) of this section;
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent’s
written consent, either on the statement or attached to it, to
the appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of
its registered agent will be identical.
(2002 Ed.)
25.15.015
(3) If a registered agent changes the street address of the
agent’s business office, the registered agent may change the
street address of the registered office of any limited liability
company for which the agent is the registered agent by
notifying the limited liability company in writing of the
change and signing, either manually or in facsimile, and
delivering to the secretary of state for filing a statement that
complies with the requirements of subsection (2) of this
section and recites that the limited liability company has
been notified of the change.
(4) A registered agent may resign as agent by signing
and delivering to the secretary of state for filing a statement
that the registered office is also discontinued. After filing
the statement the secretary of state shall mail a copy of the
statement to the limited liability company at its principal
office. The agency appointment is terminated, and the
registered office discontinued is so provided, on the thirtyfirst day after the date on which the statement was filed.
[2002 c 74 § 16; 1996 c 231 § 6; 1994 c 211 § 104.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.025 Service of process on domestic limited
liability companies. (1) A limited liability company’s
registered agent is its agent for service of process, notice, or
demand required or permitted by law to be served on the
limited liability company.
(2) The secretary of state shall be an agent of a limited
liability company upon whom any such process, notice, or
demand may be served if:
(a) The limited liability company fails to appoint or
maintain a registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the secretary of state’s office, the process, notice, or
demand. In the event any such process, notice, or demand
is served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed to the limited liability company at its
principal place of business as it appears on the records of the
secretary of state. Any service so had on the secretary of
state shall be returnable in not less than thirty days.
(4) The secretary of state shall keep a record of all
processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state’s action with reference
thereto.
(5) This section does not limit or affect the right to
serve any process, notice, or demand required or permitted
by law to be served upon a limited liability company in any
other manner now or hereafter permitted by law. [1994 c
211 § 105.]
25.15.030 Nature of business permitted—Powers.
(1) Every limited liability company formed under this
chapter may carry on any lawful business or activity unless
a more limited purpose is set forth in the certificate of
formation. A limited liability company may not be formed
[Title 25 RCW—page 41]
25.15.030
Title 25 RCW: Partnerships
under this chapter for the purposes of banking or engaging
in business as an insurer.
(2) Unless this chapter, its certificate of formation, or its
limited liability company agreement provides otherwise, a
limited liability company has the same powers as an individual to do all things necessary or convenient to carry out its
business and affairs. [1994 c 211 § 106.]
25.15.035 Business transactions of member or
manager with the limited liability company. Except as
provided in a limited liability company agreement, a member
or manager may lend money to, act as a surety, guarantor,
or endorser for, guarantee or assume one or more specific
obligations of, provide collateral for, and transact other
business with a limited liability company and, subject to
other applicable law, has the same rights and obligations
with respect to any such matter as a person who is not a
member or manager. [1994 c 211 § 107.]
25.15.040 Limitation of liability and indemnification. (1) The limited liability company agreement may
contain provisions not inconsistent with law that:
(a) Eliminate or limit the personal liability of a member
or manager to the limited liability company or its members
for monetary damages for conduct as a member or manager,
provided that such provisions shall not eliminate or limit the
liability of a member or manager for acts or omissions that
involve intentional misconduct or a knowing violation of law
by a member or manager, for conduct of the member or
manager, violating RCW 25.15.235, or for any transaction
from which the member or manager will personally receive
a benefit in money, property, or services to which the
member or manager is not legally entitled; or
(b) Indemnify any member or manager from and against
any judgments, settlements, penalties, fines, or expenses
incurred in a proceeding to which an individual is a party
because he or she is, or was, a member or a manager,
provided that no such indemnity shall indemnify a member
or a manager from or on account of acts or omissions of the
member or manager finally adjudged to be intentional
misconduct or a knowing violation of law by the member or
manager, conduct of the member or manager adjudged to be
in violation of RCW 25.15.235, or any transaction with
respect to which it was finally adjudged that such member
or manager received a benefit in money, property, or
services to which such member or manager was not legally
entitled.
(2) To the extent that, at law or in equity, a member or
manager has duties (including fiduciary duties) and liabilities
relating thereto to a limited liability company or to another
member or manager (a) any such member or manager acting
under a limited liability company agreement shall not be
liable to the limited liability company or to any such other
member or manager for the member’s or manager’s good
faith reliance on the provisions of the limited liability
company agreement, and (b) the member’s or manager’s
duties and liabilities may be expanded or restricted by
provisions in a limited liability company agreement. [1994
c 211 § 108.]
[Title 25 RCW—page 42]
25.15.045 Professional limited liability companies.
(1) A person or group of persons licensed or otherwise
legally authorized to render professional services within this
or any other state may organize and become a member or
members of a professional limited liability company under
the provisions of this chapter for the purposes of rendering
professional service. A "professional limited liability
company" is subject to all the provisions of chapter 18.100
RCW that apply to a professional corporation, and its
managers, members, agents, and employees shall be subject
to all the provisions of chapter 18.100 RCW that apply to
the directors, officers, shareholders, agents, or employees of
a professional corporation, except as provided otherwise in
this section. Nothing in this section prohibits a person duly
licensed or otherwise legally authorized to render professional services in any jurisdiction other than this state from
becoming a member of a professional limited liability
company organized for the purpose of rendering the same
professional services. Nothing in this section prohibits a
professional limited liability company from rendering
professional services outside this state through individuals
who are not duly licensed or otherwise legally authorized to
render such professional services within this state. Persons
engaged in a profession and otherwise meeting the requirements of this chapter may operate under this chapter as a
professional limited liability company so long as each
member personally engaged in the practice of the profession
in this state is duly licensed or otherwise legally authorized
to practice the profession in this state and:
(a) At least one manager of the company is duly
licensed or otherwise legally authorized to practice the
profession in this state; or
(b) Each member in charge of an office of the company
in this state is duly licensed or otherwise legally authorized
to practice the profession in this state.
(2) If the company’s members are required to be
licensed to practice such profession, and the company fails
to maintain for itself and for its members practicing in this
state a policy of professional liability insurance, bond, or
other evidence of financial responsibility of a kind designated by rule by the state insurance commissioner and in the
amount of at least one million dollars or a greater amount as
the state insurance commissioner may establish by rule for
a licensed profession or for any specialty within a profession, taking into account the nature and size of the business,
then the company’s members are personally liable to the
extent that, had the insurance, bond, or other evidence of
responsibility been maintained, it would have covered the
liability in question.
(3) For purposes of applying the provisions of chapter
18.100 RCW to a professional limited liability company, the
terms "director" or "officer" means manager, "shareholder"
means member, "corporation" means professional limited
liability company, "articles of incorporation" means certificate of formation, "shares" or "capital stock" means a limited
liability company interest, "incorporator" means the person
who executes the certificate of formation, and "bylaws"
means the limited liability company agreement.
(4) The name of a professional limited liability company
must contain either the words "Professional Limited Liability
Company," or the words "Professional Limited Liability" and
the abbreviation "Co.," or the abbreviation "P.L.L.C." or
(2002 Ed.)
Limited Liability Companies
"PLLC" provided that the name of a professional limited
liability company organized to render dental services shall
contain the full names or surnames of all members and no
other word than "chartered" or the words "professional
services" or the abbreviation "P.L.L.C." or "PLLC."
(5) Subject to the provisions in article VII of this
chapter, the following may be a member of a professional
limited liability company and may be the transferee of the
interest of an ineligible person or deceased member of the
professional limited liability company:
(a) A professional corporation, if its shareholders, directors, and its officers other than the secretary and the treasurer, are licensed or otherwise legally authorized to render the
same specific professional services as the professional
limited liability company; and
(b) Another professional limited liability company, if the
managers and members of both professional limited liability
companies are licensed or otherwise legally authorized to
render the same specific professional services.
(6)(a) Notwithstanding any other provision of this
chapter, health care professionals who are licensed or
certified pursuant to chapters 18.06, 18.225, 18.22, 18.25,
18.29, 18.34, 18.35, 18.36A, 18.50, 18.53, 18.55, 18.57,
18.57A, 18.64, 18.71, 18.71A, 18.79, 18.83, 18.89, 18.108,
and 18.138 RCW may own membership interests in and
render their individual professional services through one
limited liability company and are to be considered, for the
purpose of forming a limited liability company, as rendering
the "same specific professional services" or "same professional services" or similar terms.
(b) Notwithstanding any other provision of this chapter,
health care professionals who are regulated under chapters
18.59 and 18.74 RCW may own membership interests in and
render their individual professional services through one
limited liability company formed for the sole purpose of
providing professional services within their respective scope
of practice.
(c) Formation of a limited liability company under this
subsection does not restrict the application of the uniform
disciplinary act under chapter 18.130 RCW, or any applicable health care professional statutes under Title 18 RCW,
including but not limited to restrictions on persons practicing
a health profession without being appropriately credentialed
and persons practicing beyond the scope of their credential.
[2001 c 251 § 32; 1999 c 128 § 2; 1998 c 293 § 5; 1997 c
390 § 4. Prior: 1996 c 231 § 7; 1996 c 22 § 2; 1995 c 337
§ 14; 1994 c 211 § 109.]
Severability—2001 c 251: See RCW 18.225.900.
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.050 Member agreements. In addition to
agreeing among themselves with respect to the provisions of
this chapter, the members of a limited liability company or
professional limited liability company may agree among
themselves to any otherwise lawful provision governing the
company which is not in conflict with this chapter. Such
agreements include, but are not limited to, buy-sell agreements among the members and agreements relating to
expulsion of members. [1994 c 211 § 110.]
(2002 Ed.)
25.15.045
25.15.055 Membership residency. Nothing in this
chapter requires a limited liability company or a professional
limited liability company to restrict membership to persons
residing in or engaging in business in this state. [1994 c 211
§ 111.]
25.15.060 Piercing the veil. Members of a limited
liability company shall be personally liable for any act, debt,
obligation, or liability of the limited liability company to the
extent that shareholders of a Washington business corporation would be liable in analogous circumstances. In this
regard, the court may consider the factors and policies set
forth in established case law with regard to piercing the
corporate veil, except that the failure to hold meetings of
members or managers or the failure to observe formalities
pertaining to the calling or conduct of meetings shall not be
considered a factor tending to establish that the members
have personal liability for any act, debt, obligation, or
liability of the limited liability company if the certificate of
formation and limited liability company agreement do not
expressly require the holding of meetings of members or
managers. [1995 c 337 § 15; 1994 c 211 § 112.]
Effective date—1995 c 337: See note following RCW 25.15.005.
ARTICLE II. FORMATION: CERTIFICATE OF
FORMATION, AMENDMENT, FILING
AND EXECUTION
25.15.070 Certificate of formation. (1) In order to
form a limited liability company, one or more persons must
execute a certificate of formation. The certificate of formation shall be filed in the office of the secretary of state and
set forth:
(a) The name of the limited liability company;
(b) The address of the registered office and the name
and address of the registered agent for service of process
required to be maintained by RCW 25.15.020;
(c) The address of the principal place of business of the
limited liability company;
(d) If the limited liability company is to have a specific
date of dissolution, the latest date on which the limited
liability company is to dissolve;
(e) If management of the limited liability company is
vested in a manager or managers, a statement to that effect;
(f) Any other matters the members decide to include
therein; and
(g) The name and address of each person executing the
certificate of formation.
(2) Effect of filing:
(a) Unless a delayed effective date is specified, a limited
liability company is formed when its certificate of formation
is filed by the secretary of state. A delayed effective date
for a certificate of formation may be no later than the
ninetieth day after the date it is filed.
(b) The secretary of state’s filing of the certificate of
formation is conclusive proof that the persons executing the
certificate satisfied all conditions precedent to the formation
except in a proceeding by the state to cancel the certificate.
(c) A limited liability company formed under this
chapter shall be a separate legal entity, the existence of
which as a separate legal entity shall continue until
[Title 25 RCW—page 43]
25.15.070
Title 25 RCW: Partnerships
cancellation of the limited liability company’s certificate of
formation. [1994 c 211 § 201.]
25.15.075 Amendment to certificate of formation.
(1) A certificate of formation is amended by filing a certificate of amendment thereto with the secretary of state. The
certificate of amendment shall set forth:
(a) The name of the limited liability company; and
(b) The amendment to the certificate of formation.
(2) A manager or, if there is no manager, then any
member who becomes aware that any statement in a certificate of formation was false when made, or that any matter
described has changed making the certificate of formation
false in any material respect, shall promptly amend the
certificate of formation.
(3) A certificate of formation may be amended at any
time for any other proper purpose.
(4) Unless otherwise provided in this chapter or unless
a later effective date (which shall be a date not later than the
ninetieth day after the date it is filed) is provided for in the
certificate of amendment, a certificate of amendment shall be
effective when filed by the secretary of state. [1994 c 211
§ 202.]
25.15.080 Cancellation of certificate. A certificate
of formation shall be canceled upon the effective date of the
certificate of cancellation, or as provided in RCW 25.15.290,
or upon the filing of articles of merger if the limited liability
company is not the surviving or resulting entity in a merger.
A certificate of cancellation shall be filed in the office of the
secretary of state to accomplish the cancellation of a certificate of formation upon the dissolution and the completion of
winding up of a limited liability company and shall set forth:
(1) The name of the limited liability company;
(2) The date of filing of its certificate of formation;
(3) The reason for filing the certificate of cancellation;
(4) The future effective date (which shall be a date not
later than the ninetieth day after the date it is filed) of
cancellation if it is not to be effective upon the filing of the
certificate; and
(5) Any other information the person filing the certificate of cancellation determines. [1994 c 211 § 203.]
25.15.085 Execution. (1) Each document required by
this chapter to be filed in the office of the secretary of state
shall be executed in the following manner, or in compliance
with the rules established to facilitate electronic filing under
RCW 25.15.007, except as set forth in RCW
25.15.105(4)(b):
(a) Each original certificate of formation must be signed
by the person or persons forming the limited liability
company;
(b) A reservation of name may be signed by any person;
(c) A transfer of reservation of name must be signed by,
or on behalf of, the applicant for the reserved name;
(d) A registration of name must be signed by any
member or manager of the foreign limited liability company;
(e) A certificate of amendment or restatement must be
signed by at least one manager, or by a member if management of the limited liability company is reserved to the
members;
[Title 25 RCW—page 44]
(f) A certificate of cancellation must be signed by the
person or persons authorized to wind up the limited liability
company’s affairs pursuant to RCW 25.15.295(1);
(g) If a surviving domestic limited liability company is
filing articles of merger, the articles of merger must be
signed by at least one manager, or by a member if management of the limited liability company is reserved to the
members, or if the articles of merger are being filed by a
surviving foreign limited liability company, limited partnership, or corporation, the articles of merger must be signed by
a person authorized by such foreign limited liability company, limited partnership, or corporation; and
(h) A foreign limited liability company’s application for
registration as a foreign limited liability company doing
business within the state must be signed by any member or
manager of the foreign limited liability company.
(2) Any person may sign a certificate, articles of
merger, limited liability company agreement, or other
document by an attorney-in-fact or other person acting in a
valid representative capacity, so long as each document
signed in such manner identifies the capacity in which the
signator signed.
(3) The person executing the document shall sign it and
state beneath or opposite the signature the name of the
person and capacity in which the person signs. The document must be typewritten or printed, and must meet such
legibility or other standards as may be prescribed by the
secretary of state.
(4) The execution of a certificate or articles of merger
by any person constitutes an affirmation under the penalties
of perjury that the facts stated therein are true. [2002 c 74
§ 17; 2001 c 307 § 3; 1995 c 337 § 16; 1994 c 211 § 204.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Effective date—2001 c 307: See note following RCW 23B.16.220.
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.090 Execution, amendment, or cancellation by
judicial order. (1) If a person required to execute a
certificate required by this chapter fails or refuses to do so,
any other person who is adversely affected by the failure or
refusal may petition the superior courts to direct the execution of the certificate. If the court finds that the execution
of the certificate is proper and that any person so designated
has failed or refused to execute the certificate, it shall order
the secretary of state to record an appropriate certificate.
(2) If a person required to execute a limited liability
company agreement or amendment thereof fails or refuses to
do so, any other person who is adversely affected by the
failure or refusal may petition the superior courts to direct
the execution of the limited liability company agreement or
amendment thereof. If the court finds that the limited
liability company agreement or amendment thereof should be
executed and that any person required to execute the limited
liability company agreement or amendment thereof has failed
or refused to do so, it shall enter an order granting appropriate relief. [1994 c 211 § 205.]
25.15.095 Filing. (1) The original signed copy,
together with a duplicate copy that may be either a signed,
photocopied, or conformed copy, of the certificate of formation or any other document required to be filed pursuant to
(2002 Ed.)
Limited Liability Companies
this chapter, except as set forth under RCW 25.15.105 or
unless a duplicate is not required under rules adopted under
RCW 25.15.007, shall be delivered to the secretary of state.
If the secretary of state determines that the documents
conform to the filing provisions of this chapter, he or she
shall, when all required filing fees have been paid:
(a) Endorse on each signed original and duplicate copy
the word "filed" and the date of its acceptance for filing;
(b) Retain the signed original in the secretary of state’s
files; and
(c) Return the duplicate copy to the person who filed it
or the person’s representative.
(2) If the secretary of state is unable to make the
determination required for filing by subsection (1) of this
section at the time any documents are delivered for filing,
the documents are deemed to have been filed at the time of
delivery if the secretary of state subsequently determines
that:
(a) The documents as delivered conform to the filing
provisions of this chapter; or
(b) Within twenty days after notification of
nonconformance is given by the secretary of state to the
person who delivered the documents for filing or the
person’s representative, the documents are brought into
conformance.
(3) If the filing and determination requirements of this
chapter are not satisfied completely within the time prescribed in subsection (2)(b) of this section, the documents
shall not be filed.
(4) Upon the filing of a certificate of amendment (or
judicial decree of amendment) or restated certificate in the
office of the secretary of state, or upon the future effective
date or time of a certificate of amendment (or judicial decree
thereof) or restated certificate, as provided for therein, the
certificate of formation shall be amended or restated as set
forth therein. Upon the filing of a certificate of cancellation
(or a judicial decree thereof), or articles of merger which act
as a certificate of cancellation, or upon the future effective
date or time of a certificate of cancellation (or a judicial
decree thereof) or of articles of merger which act as a
certificate of cancellation, as provided for therein, or as
specified in RCW 25.15.290, the certificate of formation is
canceled. [2002 c 74 § 18; 2001 c 307 § 4; 1994 c 211 §
206.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
Effective date—2001 c 307: See note following RCW 23B.16.220.
25.15.100 Restated certificate. (1) A limited liability
company may, whenever desired, integrate into a single
instrument all of the provisions of its certificate of formation
which are then in effect and operative as a result of there
having theretofore been filed with the secretary of state one
or more certificates or other instruments pursuant to any of
the sections referred to in this chapter and it may at the same
time also further amend its certificate of formation by
adopting a restated certificate of formation.
(2) If a restated certificate of formation merely restates
and integrates but does not amend the initial certificate of
formation, as theretofore amended or supplemented by any
instrument that was executed and filed pursuant to any of the
sections in this chapter, it shall be specifically designated in
(2002 Ed.)
25.15.095
its heading as a "Restated Certificate of Formation" together
with such other words as the limited liability company may
deem appropriate and shall be executed by at least one
manager, or by a member if management of the limited liability company is reserved to its members, and filed as
provided in RCW 25.15.095 in the office of the secretary of
state. If a restated certificate restates and integrates and also
amends in any respect the certificate of formation, as theretofore amended or supplemented, it shall be specifically
designated in its heading as an "Amended and Restated
Certificate of Formation" together with such other words as
the limited liability company may deem appropriate and shall
be executed by at least one manager, or by a member if
management of the limited liability company is reserved to
its members, and filed as provided in RCW 25.15.095 in the
office of the secretary of state.
(3) A restated certificate of formation shall state, either
in its heading or in an introductory paragraph, the limited
liability company’s present name, and, if it has been
changed, the name under which it was originally filed, and
the date of filing of its original certificate of formation with
the secretary of state, and the future effective date (which
shall be a date not later than the ninetieth day after the date
it is filed) of the restated certificate if it is not to be effective
upon the filing of the restated certificate. A restated
certificate shall also state that it was duly executed and is
being filed in accordance with this section. If a restated certificate only restates and integrates and does not further
amend a limited liability company’s certificate of formation
as theretofore amended or supplemented and there is no
discrepancy between those provisions and the restated
certificate, it shall state that fact as well.
(4) Upon the filing of a restated certificate of formation
with the secretary of state, or upon the future effective date
or time of a restated certificate of formation as provided for
therein, the initial certificate of formation, as theretofore
amended or supplemented, shall be superseded; thenceforth,
the restated certificate of formation, including any further
amendment or changes made thereby, shall be the certificate
of formation of the limited liability company, but the original
effective date of formation shall remain unchanged.
(5) Any amendment or change effected in connection
with the restatement and integration of the certificate of
formation shall be subject to any other provision of this
chapter, not inconsistent with this section, which would
apply if a separate certificate of amendment were filed to
effect such amendment or change. [1994 c 211 § 207.]
25.15.105 Initial and annual reports. (1) Each
domestic limited liability company, and each foreign limited
liability company authorized to transact business in this state,
shall deliver to the secretary of state for filing, both initial
and annual reports that set forth:
(a) The name of the company and the state or country
under whose law it is organized;
(b) The street address of its registered office and the
name of its registered agent at that office in this state;
(c) In the case of a foreign company, the address of its
principal office in the state or country under the laws of
which it is organized;
[Title 25 RCW—page 45]
25.15.105
Title 25 RCW: Partnerships
(d) The address of the principal place of business of the
company in this state;
(e) The names and addresses of the company’s members, or if the management of the company is vested in a
manager or managers, then the name and address of its
manager or managers; and
(f) A brief description of the nature of its business.
(2) Information in an initial report or an annual report
must be current as of the date the report is executed on
behalf of the company.
(3) A company’s initial report must be delivered to the
secretary of state within one hundred twenty days of the date
on which a domestic company’s certificate of formation was
filed, or on which a foreign company’s application for
registration was submitted. Subsequent annual reports must
be delivered to the secretary of state on a date determined by
the secretary of state, and at such additional times as the
company elects.
(4)(a) The secretary of state may allow a company to
file an annual report through electronic means. If allowed,
the secretary of state shall adopt rules detailing the circumstances under which the electronic filing of such reports shall
be permitted and how such reports may be filed.
(b) For purposes of this section only, a person executing
an electronically filed annual report may deliver the report
to the office of the secretary of state without a signature and
without an exact or conformed copy, but the person’s name
must appear in the electronic filing as the person executing
the filing, and the filing must state the capacity in which the
person is executing the filing. [2001 c 307 § 2; 1994 c 211
§ 208.]
Effective date—2001 c 307: See note following RCW 23B.16.220.
ARTICLE III. MEMBERS
25.15.115 Admission of members. (1) In connection
with the formation of a limited liability company, a person
acquiring a limited liability company interest is admitted as
a member of the limited liability company upon the later to
occur of:
(a) The formation of the limited liability company; or
(b) The time provided in and upon compliance with the
limited liability company agreement or, if the limited liability
company agreement does not so provide or does not exist,
when the person’s admission is reflected in the records of
the limited liability company.
(2) After the formation of a limited liability company,
a person acquiring a limited liability company interest is
admitted as a member of the limited liability company:
(a) In the case of a person acquiring a limited liability
company interest directly from the limited liability company,
at the time provided in and upon compliance with the limited
liability company agreement or, if the limited liability
company agreement does not so provide or does not exist,
upon the consent of all members and when the person’s
admission is reflected in the records of the limited liability
company; or
(b) In the case of an assignee of a limited liability
company interest who meets the conditions for membership
set forth in RCW 25.15.260(1), at the time provided in and
upon compliance with the limited liability company agree[Title 25 RCW—page 46]
ment or, if the limited liability company agreement does not
so provide or does not exist, when any such assignee’s
admission as a member is reflected in the records of the
limited liability company. [1994 c 211 § 301.]
25.15.120 Voting and classes of membership. (1)
Except as provided in this chapter, or in the limited liability
company agreement, and subject to subsection (2) of this
section, the affirmative vote, approval, or consent of members contributing, or required to contribute, more than fifty
percent of the agreed value (as stated in the records of the
limited liability company required to be kept pursuant to
RCW 25.15.135) of the contributions made, or required to be
made, by all members shall be necessary for actions requiring member approval.
(2) Except as provided in the limited liability company
agreement, the affirmative vote, approval, or consent of all
members shall be required to:
(a) Amend the limited liability company agreement; or
(b) Authorize a manager, member, or other person to do
any act on behalf of the limited liability company that
contravenes the limited liability company agreement,
including any provision thereof which expressly limits the
purpose, business, or affairs of the limited liability company
or the conduct thereof.
(3) A limited liability company agreement may provide
for classes or groups of members having such relative rights,
powers, and duties as the limited liability company agreement may provide, and may make provision for the future
creation in the manner provided in the limited liability
company agreement of additional classes or groups of
members having such relative rights, powers, and duties as
may from time to time be established, including rights,
powers, and duties senior to existing classes and groups of
members. A limited liability company agreement may provide for the taking of an action, including the amendment of
the limited liability company agreement, without the vote or
approval of any member or class or group of members,
including an action to create under the provisions of the
limited liability company agreement a class or group of
limited liability company interests that was not previously
outstanding.
(4) A limited liability company agreement may grant to
all or certain identified members or a specified class or
group of the members the right to vote separately or with all
or any class or group of the members or managers, on any
matter. If the limited liability company agreement so
provides, voting by members may be on a per capita,
number, profit share, class, group, or any other basis.
(5) A limited liability company agreement which
contains provisions related to voting rights of members may
set forth provisions relating to notice of the time, place, or
purpose of any meeting at which any matter is to be voted
on by any members, waiver of any such notice, action by
consent without a meeting, the establishment of a record
date, quorum requirements, voting in person or by proxy, or
any other matter with respect to the exercise of any such
right to vote. [1994 c 211 § 302.]
25.15.125 Liability of members and managers to
third parties. (1) Except as otherwise provided by this
(2002 Ed.)
Limited Liability Companies
chapter, the debts, obligations, and liabilities of a limited
liability company, whether arising in contract, tort or
otherwise, shall be solely the debts, obligations, and liabilities of the limited liability company; and no member or
manager of a limited liability company shall be obligated
personally for any such debt, obligation, or liability of the
limited liability company solely by reason of being a
member or acting as a manager of the limited liability
company.
(2) A member or manager of a limited liability company
is personally liable for his or her own torts. [1994 c 211 §
303.]
25.15.130 Events of dissociation. (1) A person
ceases to be a member of a limited liability company, and
the person or its successor in interest attains the status of an
assignee as set forth in RCW 25.15.250(2), upon the occurrence of one or more of the following events:
(a) The member dies or withdraws by voluntary act
from the limited liability company as provided in subsection
(3) of this section;
(b) The member ceases to be a member as provided in
RCW 25.15.250(2)(b) following an assignment of all the
member’s limited liability company interest;
(c) The member is removed as a member in accordance
with the limited liability company agreement;
(d) Unless otherwise provided in the limited liability
company agreement, or with the written consent of all other
members at the time, the member (i) makes a general
assignment for the benefit of creditors; (ii) files a voluntary
petition in bankruptcy; (iii) becomes the subject of an order
for relief in bankruptcy proceedings; (iv) files a petition or
answer seeking for himself or herself any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation;
(v) files an answer or other pleading admitting or failing to
contest the material allegations of a petition filed against him
or her in any proceeding of the nature described in (d) (i)
through (iv) of this subsection; or (vi) seeks, consents to, or
acquiesces in the appointment of a trustee, receiver, or
liquidator of the member or of all or any substantial part of
the member’s properties;
(e) Unless otherwise provided in the limited liability
company agreement, or with the consent of all other members at the time, one hundred twenty days after the commencement of any proceeding against the member seeking
reorganization, arrangement, composition, readjustment,
liquidation, dissolution, or similar relief under any statute,
law, or regulation, the proceeding has not been dismissed, or
if within ninety days after the appointment without his or her
consent or acquiescence of a trustee, receiver, or liquidator
of the member or of all or any substantial part of the
member’s properties, the appointment is not vacated or
stayed, or within ninety days after the expiration of any stay,
the appointment is not vacated;
(f) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member who is an
individual, the entry of an order by a court of competent
jurisdiction adjudicating the member incapacitated, as used
(2002 Ed.)
25.15.125
and defined under chapter 11.88 RCW, as to his or her
estate;
(g) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is another
limited liability company, the dissolution and commencement
of winding up of such limited liability company;
(h) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is a
corporation, the filing of articles of dissolution or the
equivalent for the corporation or the administrative dissolution of the corporation and the lapse of any period authorized for application for reinstatement; or
(i) Unless otherwise provided in the limited liability
company agreement, or with written consent of all other
members at the time, in the case of a member that is a
limited partnership, the dissolution and commencement of
winding up of such limited partnership.
(2) The limited liability company agreement may
provide for other events the occurrence of which result in a
person ceasing to be a member of the limited liability
company.
(3) A member may withdraw from a limited liability
company at the time or upon the happening of events
specified in and in accordance with the limited liability
company agreement. If the limited liability company
agreement does not specify the time or the events upon the
happening of which a member may withdraw, a member
may not withdraw prior to the time for the dissolution and
commencement of winding up of the limited liability
company, without the written consent of all other members
at the time. [2000 c 169 § 2; 1995 c 337 § 17; 1994 c 211
§ 304.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.135 Records and information. (1) A limited
liability company shall keep at its principal place of business
the following:
(a) A current and a past list, setting forth the full name
and last known mailing address of each member and
manager, if any;
(b) A copy of its certificate of formation and all
amendments thereto;
(c) A copy of its current limited liability company
agreement and all amendments thereto, and a copy of any
prior agreements no longer in effect;
(d) Unless contained in its certificate of formation or
limited liability company agreement, a written statement of:
(i) The amount of cash and a description of the agreed
value of the other property or services contributed by each
member (including that member’s predecessors in interest),
and which each member has agreed to contribute;
(ii) The times at which or events on the happening of
which any additional contributions agreed to be made by
each member are to be made; and
(iii) Any right of any member to receive distributions
which include a return of all or any part of the member’s
contribution.
[Title 25 RCW—page 47]
25.15.135
Title 25 RCW: Partnerships
(e) A copy of the limited liability company’s federal,
state, and local tax returns and reports, if any, for the three
most recent years; and
(f) A copy of any financial statements of the limited
liability company for the three most recent years.
(2) The records required by subsection (1) of this
section to be kept by a limited liability company are subject
to inspection and copying at the reasonable request, and at
the expense, of any member during ordinary business hours.
A member’s agent or attorney has the same inspection and
copying rights as the member.
(3) Each manager shall have the right to examine all of
the information described in subsection (1) of this section for
a purpose reasonably related to his or her position as a
manager.
(4) A limited liability company may maintain its records
in other than a written form if such form is capable of
conversion into written form within a reasonable time.
(5) Any action to enforce any right arising under this
section shall be brought in the superior courts. [1994 c 211
§ 305.]
(a) Shall be designated, appointed, elected, removed, or
replaced by a vote, approval, or consent of members contributing, or required to contribute, more than fifty percent of
the agreed value (as stated in the records of the limited
liability company required to be kept pursuant to RCW
25.15.135) of the contributions made, or required to be
made, by all members at the time of such action;
(b) Need not be members of the limited liability
company or natural persons; and
(c) Unless they have been earlier removed or have
earlier resigned, shall hold office until their successors shall
have been elected and qualified.
(3) If the certificate of formation vests management of
the limited liability company in a manager or managers, no
member, acting solely in the capacity as a member, is an
agent of the limited liability company. [1996 c 231 § 8;
1994 c 211 § 401.]
25.15.140 Remedies for breach of limited liability
company agreement by member. A limited liability
company agreement may provide that (1) a member who
fails to perform in accordance with, or to comply with the
terms and conditions of, the limited liability company
agreement shall be subject to specified penalties or specified
consequences, and (2) at the time or upon the happening of
events specified in the limited liability company agreement,
a member shall be subject to specified penalties or specified
consequences. [1994 c 211 § 306.]
25.15.155 Liability of managers and members.
Unless otherwise provided in the limited liability company
agreement:
(1) A member or manager shall not be liable, responsible, or accountable in damages or otherwise to the limited
liability company or to the members of the limited liability
company for any action taken or failure to act on behalf of
the limited liability company unless such act or omission
constitutes gross negligence, intentional misconduct, or a
knowing violation of law.
(2) Every member and manager must account to the
limited liability company and hold as trustee for it any profit
or benefit derived by him or her without the consent of a
majority of the disinterested managers or members, or other
persons participating in the management of the business or
affairs of the limited liability company from (a) any transaction connected with the conduct or winding up of the limited
liability company or (b) any use by him or her of its property, including, but not limited to, confidential or proprietary
information of the limited liability company or other matters
entrusted to him or her as a result of his or her status as
manager or member. [1994 c 211 § 402.]
ARTICLE IV. MANAGEMENT AND MANAGERS
25.15.150 Management. (1) Unless the certificate of
formation vests management of the limited liability company
in a manager or managers: (a) Management of the business
or affairs of the limited liability company shall be vested in
the members; and (b) each member is an agent of the limited
liability company for the purpose of its business and the act
of any member for apparently carrying on in the usual way
the business of the limited liability company binds the
limited liability company unless the member so acting has in
fact no authority to act for the limited liability company in
the particular matter and the person with whom the member
is dealing has knowledge of the fact that the member has no
such authority. Subject to any provisions in the limited
liability company agreement or this chapter restricting or
enlarging the management rights and duties of any person or
group or class of persons, the members shall have the right
and authority to manage the affairs of the limited liability
company and to make all decisions with respect thereto.
(2) If the certificate of formation vests management of
the limited liability company in one or more managers, then
such persons shall have such power to manage the business
or affairs of the limited liability company as is provided in
the limited liability company agreement. Unless otherwise
provided in the limited liability company agreement, such
persons:
[Title 25 RCW—page 48]
Application—1996 c 231 § 8: "Section 8, chapter 231, Laws of 1996
does not apply to a limited liability company formed prior to June 6, 1996,
unless the certificate of formation of the limited liability company is
amended after June 6, 1996, to provide that the limited liability company
has perpetual duration." [1996 c 231 § 13.]
25.15.160 Manager—Members’ rights and duties.
A person who is both a manager and a member has the
rights and powers, and is subject to the restrictions and
liabilities, of a manager and, except as provided in a limited
liability company agreement, also has the rights and powers,
and is subject to the restrictions and liabilities, of a member
to the extent of his or her participation in the limited liability
company as a member. [1994 c 211 § 403.]
25.15.165 Voting and classes of managers. (1)
Unless the limited liability company agreement provides
otherwise, the affirmative vote, approval, or consent of more
than one-half by number of the managers shall be required
to decide any matter connected with the business and affairs
of the limited liability company.
(2002 Ed.)
Limited Liability Companies
(2) A limited liability company agreement may provide
for classes or groups of managers having such relative rights,
powers, and duties as the limited liability company agreement may provide, and may make provision for the future
creation in the manner provided in the limited liability
company agreement of additional classes or groups of
managers having such relative rights, powers, and duties as
may from time to time be established, including rights,
powers, and duties senior to existing classes and groups of
managers. A limited liability company agreement may
provide for the taking of an action, including the amendment
of the limited liability company agreement, without the vote
or approval of any manager or class or group of managers,
including an action to create under the provisions of the
limited liability company agreement a class or group of
limited liability company interests that was not previously
outstanding.
(3) A limited liability company agreement may grant to
all or certain identified managers or a specified class or
group of the managers the right to vote, separately or with
all or any class or group of managers or members, on any
matter. If the limited liability company agreement so
provides, voting by managers may be on a financial interest,
class, group, or any other basis.
(4) A limited liability company agreement which
contains provisions related to voting rights of managers may
set forth provisions relating to notice of the time, place, or
purpose of any meeting at which any matter is to be voted
on by any manager or class or group of managers, waiver of
any such notice, action by consent without a meeting, the
establishment of a record date, quorum requirements, voting
in person or by proxy, or any other matter with respect to
the exercise of any such right to vote. [1994 c 211 § 404.]
25.15.170 Remedies for breach of limited liability
company agreement by manager. A limited liability
company agreement may provide that (1) a manager who
fails to perform in accordance with, or to comply with the
terms and conditions of, the limited liability company
agreement shall be subject to specified penalties or specified
consequences, and (2) at the time or upon the happening of
events specified in the limited liability company agreement,
a manager shall be subject to specified penalties or specified
consequences. [1994 c 211 § 405.]
25.15.175 Reliance on reports and information by
member or manager. In discharging the duties of a
manager or a member, a member or manager of a limited
liability company is entitled to rely in good faith upon the
records of the limited liability company and upon such
information, opinions, reports, or statements presented to the
limited liability company by any of its other managers,
members, officers, employees, or committees of the limited
liability company, or by any other person, as to matters the
member or manager reasonably believes are within such
other person’s professional or expert competence and who
has been selected with reasonable care by or on behalf of the
limited liability company, including information, opinions,
reports, or statements as to the value and amount of the
assets, liabilities, profits, or losses of the limited liability
company or any other facts pertinent to the existence and
(2002 Ed.)
25.15.165
amount of assets from which distributions to members might
properly be paid. [1994 c 211 § 406.]
25.15.180 Resignation of manager. A manager may
resign as a manager of a limited liability company at the
time or upon the happening of events specified in a limited
liability company agreement and in accordance with the
limited liability company agreement. A limited liability
company agreement may provide that a manager shall not
have the right to resign as a manager of a limited liability
company. Notwithstanding that a limited liability company
agreement provides that a manager does not have the right
to resign as a manager of a limited liability company, a
manager may resign as a manager of a limited liability
company at any time by giving written notice to the members and other managers. If the resignation of a manager
violates a limited liability company agreement, in addition to
any remedies otherwise available under applicable law, a
limited liability company may recover from the resigning
manager damages for breach of the limited liability company
agreement and offset the damages against the amount otherwise distributable to the resigning manager. [1994 c 211 §
407.]
25.15.185 Loss of sole remaining manager. In the
event of the death, resignation, or removal of the sole
remaining manager, or if one of the events described in
RCW 25.15.130(1) (d) through (i) occurs with regard to the
sole remaining manager, and unless the limited liability
company agreement provides otherwise, the limited liability
company shall become member-managed unless one or more
managers are appointed by majority vote of the members
within ninety days after the occurrence of such an event.
[2000 c 169 § 3.]
ARTICLE V. FINANCE
25.15.190 Form of contribution. The contribution of
a member to a limited liability company may be made in
cash, property or services rendered, or a promissory note or
other obligation to contribute cash or property or to perform
services. [1994 c 211 § 501.]
25.15.195 Liability for contribution. (1) Except as
provided in a limited liability company agreement, a member
is obligated to a limited liability company to perform any
promise to contribute cash or property or to perform services, even if the member is unable to perform because of
death, disability, or any other reason. If a member does not
make the required contribution of property or services, the
member is obligated at the option of the limited liability
company to contribute cash equal to that portion of the
agreed value (as stated in the records of the limited liability
company required to be kept pursuant to RCW 25.15.135) of
the contribution that has not been made. This option shall
be in addition to, and not in lieu of, any other rights, including the right to specific performance, that the limited liability
company may have against such member under the limited
liability company agreement or applicable law.
(2) Unless otherwise provided in a limited liability
company agreement, the obligation of a member to make a
[Title 25 RCW—page 49]
25.15.195
Title 25 RCW: Partnerships
contribution or return money or other property paid or
distributed in violation of this chapter may be compromised
only by consent of all the members. Notwithstanding the
compromise, a creditor of a limited liability company who
extends credit, after either the certificate of formation,
limited liability company agreement or an amendment
thereto, or records required to be kept under RCW 25.15.135
reflect the obligation, and before the amendment of any
thereof to reflect the compromise, may enforce the original
obligation to the extent that, in extending credit, the creditor
reasonably relied on the obligation of a member to make a
contribution or return. A conditional obligation of a member
to make a contribution or return money or other property to
a limited liability company may not be enforced unless the
conditions of the obligation have been satisfied or waived as
to or by such member. Conditional obligations include
contributions payable upon a discretionary call of a limited
liability company prior to the time the call occurs.
(3) A limited liability company agreement may provide
that the interest of any member who fails to make any
contribution that the member is obligated to make shall be
subject to specified penalties for, or specified consequences
of, such failure. Such penalty or consequence may take the
form of reducing or eliminating the defaulting member’s
proportionate interest in a limited liability company, subordinating the member’s limited liability company interest to that
of nondefaulting members, a forced sale of the member’s
limited liability company interest, forfeiture of the member’s
limited liability company interest, the lending by other
members of the amount necessary to meet the member’s
commitment, a fixing of the value of the member’s limited
liability company interest by appraisal or by formula and
redemption or sale of the member’s limited liability company
interest at such value, or other penalty or consequence.
[1994 c 211 § 502.]
ARTICLE VI. DISTRIBUTIONS AND RESIGNATION
25.15.215 Interim distributions. Except as provided
in this article, to the extent and at the times or upon the
happening of the events specified in a limited liability
company agreement, a member is entitled to receive from a
limited liability company distributions before the member’s
dissociation from the limited liability company and before
the dissolution and winding up thereof. [1994 c 211 § 601.]
25.15.220 Distribution on event of dissociation.
Unless otherwise provided in the limited liability company
agreement, upon the occurrence of an event of dissociation
under RCW 25.15.130 which does not cause dissolution
(other than an event of dissociation specified in RCW
25.15.130(1)(b) where the dissociating member’s assignee is
admitted as a member), a dissociating member (or the
member’s assignee) is entitled to receive any distribution to
which an assignee would be entitled. [1995 c 337 § 18;
1994 c 211 § 602.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.225 Distribution in-kind. Except as provided
in a limited liability company agreement, a member, regardless of the nature of the member’s contribution, has no right
to demand and receive any distribution from a limited
liability company in any form other than cash. Except as
provided in a limited liability company agreement, a member
may not be compelled to accept a distribution of any asset
in-kind from a limited liability company to the extent that
the percentage of the asset distributed to the member exceeds
a percentage of that asset which is equal to the percentage in
which he or she shares in distributions from the limited
liability company. [1994 c 211 § 603.]
25.15.200 Allocation of profits and losses. The
profits and losses of a limited liability company shall be
allocated among the members, and among classes or groups
of members, in the manner provided in a limited liability
company agreement. If the limited liability company
agreement does not so provide, profits and losses shall be
allocated in proportion to the agreed value (as stated in the
records of the limited liability company required to be kept
pursuant to RCW 25.15.135) of the contributions made, or
required to be made, by each member. [1994 c 211 § 503.]
25.15.230 Right to distribution. Subject to RCW
25.15.235 and 25.15.300, and unless otherwise provided in
a limited liability company agreement, at the time a member
becomes entitled to receive a distribution, he or she has the
status of, and is entitled to all remedies available to, a
creditor of a limited liability company with respect to the
distribution. A limited liability company agreement may
provide for the establishment of a record date with respect
to allocations and distributions by a limited liability company. [1994 c 211 § 604.]
25.15.205 Allocation of distributions. Distributions
of cash or other assets of a limited liability company shall be
allocated among the members, and among classes or groups
of members, in the manner provided in a limited liability
company agreement. If the limited liability company
agreement does not so provide, distributions shall be made
in proportion to the agreed value (as stated in the records of
the limited liability company required to be kept pursuant to
RCW 25.15.135) of the contributions made, or required to be
made, by each member. [1994 c 211 § 504.]
25.15.235 Limitations on distribution. (1) A limited
liability company shall not make a distribution to a member
to the extent that at the time of the distribution, after giving
effect to the distribution (a) the limited liability company
would not be able to pay its debts as they became due in the
usual course of business, or (b) all liabilities of the limited
liability company, other than liabilities to members on
account of their limited liability company interests and
liabilities for which the recourse of creditors is limited to
specified property of the limited liability company, exceed
the fair value of the assets of the limited liability company,
except that the fair value of property that is subject to a
liability for which the recourse of creditors is limited shall
be included in the assets of the limited liability company
[Title 25 RCW—page 50]
(2002 Ed.)
Limited Liability Companies
only to the extent that the fair value of that property exceeds
that liability.
(2) A member who receives a distribution in violation
of subsection (1) of this section, and who knew at the time
of the distribution that the distribution violated subsection (1)
of this section, shall be liable to a limited liability company
for the amount of the distribution. A member who receives
a distribution in violation of subsection (1) of this section,
and who did not know at the time of the distribution that the
distribution violated subsection (1) of this section, shall not
be liable for the amount of the distribution. Subject to
subsection (3) of this section, this subsection (2) shall not
affect any obligation or liability of a member under a limited
liability company agreement or other applicable law for the
amount of a distribution.
(3) Unless otherwise agreed, a member who receives a
distribution from a limited liability company shall have no
liability under this chapter or other applicable law for the
amount of the distribution after the expiration of three years
from the date of the distribution unless an action to recover
the distribution from such member is commenced prior to
the expiration of the said three-year period and an adjudication of liability against such member is made in the said
action. [1994 c 211 § 605.]
ARTICLE VII. ASSIGNMENT OF
LIMITED LIABILITY COMPANY INTERESTS
25.15.235
(3) For the purposes of this chapter, unless otherwise
provided in a limited liability company agreement:
(a) The pledge of, or granting of a security interest, lien,
or other encumbrance in or against, any or all of the limited
liability company interest of a member shall not be deemed
to be an assignment of the member’s limited liability
company interest, but a foreclosure or execution sale or
exercise of similar rights with respect to all of a member’s
limited liability company interest shall be deemed to be an
assignment of the member’s limited liability company
interest to the transferee pursuant to such foreclosure or
execution sale or exercise of similar rights;
(b) Where a limited liability company interest is held in
a trust or estate, or is held by a trustee, personal representative, or other fiduciary, the transfer of the limited liability
company interest, whether to a beneficiary of the trust or
estate or otherwise, shall be deemed to be an assignment of
such limited liability company interest, but the mere substitution or replacement of the trustee, personal representative, or
other fiduciary shall not constitute an assignment of any
portion of such limited liability company interest.
(4) Unless otherwise provided in a limited liability
company agreement and except to the extent assumed by
agreement, until an assignee of a limited liability company
interest becomes a member, the assignee shall have no
liability as a member solely as a result of the assignment.
[1995 c 337 § 19; 1994 c 211 § 702.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.245 Nature of limited liability company
interest—Certificate of interest. (1) A limited liability
company interest is personal property. A member has no
interest in specific limited liability company property.
(2) A limited liability company agreement may provide
that a member’s interest in a limited liability company may
be evidenced by a certificate of limited liability company
interest issued by the limited liability company. [1994 c 211
§ 701.]
25.15.250 Assignment of limited liability company
interest. (1) A limited liability company interest is assignable in whole or in part except as provided in a limited
liability company agreement. The assignee of a member’s
limited liability company interest shall have no right to
participate in the management of the business and affairs of
a limited liability company except:
(a) Upon the approval of all of the members of the
limited liability company other than the member assigning
his or her limited liability company interest; or
(b) As provided in a limited liability company agreement.
(2) Unless otherwise provided in a limited liability
company agreement:
(a) An assignment entitles the assignee to share in such
profits and losses, to receive such distributions, and to
receive such allocation of income, gain, loss, deduction, or
credit or similar item to which the assignor was entitled, to
the extent assigned; and
(b) A member ceases to be a member and to have the
power to exercise any rights or powers of a member upon
assignment of all of his or her limited liability company
interest.
(2002 Ed.)
25.15.255 Rights of judgment creditor. On application to a court of competent jurisdiction by any judgment
creditor of a member, the court may charge the limited
liability company interest of the member with payment of
the unsatisfied amount of the judgment with interest. To the
extent so charged, the judgment creditor has only the rights
of an assignee of the limited liability company interest. This
chapter does not deprive any member of the benefit of any
exemption laws applicable to the member’s limited liability
company interest. [1994 c 211 § 703.]
25.15.260 Right of assignee to become member. (1)
An assignee of a limited liability company interest may
become a member upon:
(a) The approval of all of the members of the limited
liability company other than the member assigning his or her
limited liability company interest; or
(b) Compliance with any procedure provided for in the
limited liability company agreement.
(2) An assignee who has become a member has, to the
extent assigned, the rights and powers, and is subject to the
restrictions and liabilities, of a member under a limited
liability company agreement and this chapter. An assignee
who becomes a member is liable for the obligations of his or
her assignor to make contributions as provided in RCW
25.15.195, and for the obligations of his or her assignor
under article VI of this chapter.
(3) Whether or not an assignee of a limited liability
company interest becomes a member, the assignor is not
released from his or her liability to a limited liability
company under articles V and VI of this chapter. [1994 c
211 § 704.]
[Title 25 RCW—page 51]
25.15.270
Title 25 RCW: Partnerships
ARTICLE VIII. DISSOLUTION
25.15.270 Dissolution. A limited liability company is
dissolved and its affairs shall be wound up upon the first to
occur of the following:
(1) The dissolution date, if any, specified in the certificate of formation. If a dissolution date is not specified in
the certificate of formation, the limited liability company’s
existence will continue until the first to occur of the events
described in subsections (2) through (6) of this section. If
a dissolution date is specified in the certificate of formation,
the certificate of formation may be amended and the existence of the limited liability company may be extended by
vote of all the members;
(2) The happening of events specified in a limited
liability company agreement;
(3) The written consent of all members;
(4) Unless the limited liability company agreement
provides otherwise, ninety days following an event of
dissociation of the last remaining member, unless those
having the rights of assignees in the limited liability company under RCW 25.15.130(1) have, by the ninetieth day,
voted to admit one or more members, voting as though they
were members, and in the manner set forth in RCW
25.15.120(1);
(5) The entry of a decree of judicial dissolution under
RCW 25.15.275; or
(6) The expiration of two years after the effective date
of dissolution under RCW 25.15.285 without the reinstatement of the limited liability company. [2000 c 169 § 4;
1997 c 21 § 1; 1996 c 231 § 9; 1994 c 211 § 801.]
25.15.275 Judicial dissolution. On application by or
for a member or manager the superior courts may decree
dissolution of a limited liability company whenever: (1) It
is not reasonably practicable to carry on the business in
conformity with a limited liability company agreement; or
(2) other circumstances render dissolution equitable. [1994
c 211 § 802.]
25.15.280
Administrative dissolution—
Commencement of proceeding. The secretary of state may
commence a proceeding under RCW 25.15.285 to administratively dissolve a limited liability company if:
(1) The limited liability company does not pay any
license fees or penalties, imposed by this chapter, when they
become due;
(2) The limited liability company does not deliver its
completed initial report or annual report to the secretary of
state when it is due;
(3) The limited liability company is without a registered
agent or registered office in this state for sixty days or more;
or
(4) The limited liability company does not notify the
secretary of state within sixty days that its registered agent
or registered office has been changed, that its registered
agent has resigned, or that its registered office has been
discontinued. [1995 c 337 § 20; 1994 c 211 § 803.]
Effective date—1995 c 337: See note following RCW 25.15.005.
[Title 25 RCW—page 52]
25.15.285 Administrative dissolution—Notice—
Opportunity to correct deficiencies. (1) If the secretary of
state determines that one or more grounds exist under RCW
25.15.280 for dissolving a limited liability company, the
secretary of state shall give the limited liability company
written notice of the determination by first class mail,
postage prepaid, reciting the grounds therefor. Notice shall
be sent to the address of the principal place of business of
the limited liability company as it appears in the records of
the secretary of state.
(2) If the limited liability company does not correct each
ground for dissolution or demonstrate to the reasonable
satisfaction of the secretary of state that each ground
determined by the secretary of state does not exist within
sixty days after notice is sent, the limited liability company
is thereupon dissolved. The secretary of state shall give the
limited liability company written notice of the dissolution
that recites the ground or grounds therefor and its effective
date.
(3) A limited liability company administratively dissolved continues its existence but may not carry on any
business except as necessary to wind up and liquidate its
business and affairs.
(4) The administrative dissolution of a limited liability
company does not terminate the authority of its registered
agent. [1994 c 211 § 804.]
25.15.290
Administrative dissolution—
Reinstatement—Application—When effective. (1) A
limited liability company administratively dissolved under
RCW 25.15.285 may apply to the secretary of state for
reinstatement within two years after the effective date of
dissolution. The application must:
(a) Recite the name of the limited liability company and
the effective date of its administrative dissolution;
(b) State that the ground or grounds for dissolution
either did not exist or have been eliminated; and
(c) State that the limited liability company’s name
satisfies the requirements of RCW 25.15.010.
(2) If the secretary of state determines that the application contains the information required by subsection (1) of
this section and that the name is available, the secretary of
state shall reinstate the limited liability company and give
the limited liability company written notice, as provided in
RCW 25.15.285(1), of the reinstatement that recites the
effective date of reinstatement. If the name is not available,
the limited liability company must file with its application
for reinstatement an amendment to its certificate of formation reflecting a change of name.
(3) When the reinstatement is effective, it relates back
to and takes effect as of the effective date of the administrative dissolution and the limited liability company may
resume carrying on its business as if the administrative
dissolution had never occurred.
(4) If an application for reinstatement is not made
within the two-year period set forth in subsection (1) of this
section, or if the application made within this period is not
granted, the secretary of state shall cancel the limited
liability company’s certificate of formation. [1994 c 211 §
805.]
(2002 Ed.)
Limited Liability Companies
25.15.295 Winding up. (1) Unless otherwise provided in a limited liability company agreement, a manager who
has not wrongfully dissolved a limited liability company or,
if none, the members or a person approved by the members
or, if there is more than one class or group of members, then
by each class or group of members, in either case, by
members contributing, or required to contribute, more than
fifty percent of the agreed value (as stated in the records of
the limited liability company required to be kept pursuant to
RCW 25.15.135) of the contributions made, or required to be
made, by all members, or by the members in each class or
group, as appropriate, may wind up the limited liability
company’s affairs. The superior courts, upon cause shown,
may wind up the limited liability company’s affairs upon
application of any member or manager, his or her legal
representative or assignee, and in connection therewith, may
appoint a receiver.
(2) Upon dissolution of a limited liability company and
until the filing of a certificate of cancellation as provided in
RCW 25.15.080, the persons winding up the limited liability
company’s affairs may, in the name of, and for and on
behalf of, the limited liability company, prosecute and
defend suits, whether civil, criminal, or administrative,
gradually settle and close the limited liability company’s
business, dispose of and convey the limited liability
company’s property, discharge or make reasonable provision
for the limited liability company’s liabilities, and distribute
to the members any remaining assets of the limited liability
company. [1994 c 211 § 806.]
25.15.300 Distribution of assets. (1) Upon the
winding up of a limited liability company, the assets shall be
distributed as follows:
(a) To creditors, including members and managers who
are creditors, to the extent otherwise permitted by law, in
satisfaction of liabilities of the limited liability company
(whether by payment or the making of reasonable provision
for payment thereof) other than liabilities for which reasonable provision for payment has been made and liabilities for
distributions to members under RCW 25.15.215 or
25.15.230;
(b) Unless otherwise provided in a limited liability
company agreement, to members and former members in
satisfaction of liabilities for distributions under RCW
25.15.215 or 25.15.230; and
(c) Unless otherwise provided in a limited liability
company agreement, to members first for the return of their
contributions and second respecting their limited liability
company interests, in the proportions in which the members
share in distributions.
(2) A limited liability company which has dissolved
shall pay or make reasonable provision to pay all claims and
obligations, including all contingent, conditional, or unmatured claims and obligations, known to the limited liability
company and all claims and obligations which are known to
the limited liability company but for which the identity of
the claimant is unknown. If there are sufficient assets, such
claims and obligations shall be paid in full and any such
provision for payment made shall be made in full. If there
are insufficient assets, such claims and obligations shall be
paid or provided for according to their priority and, among
(2002 Ed.)
25.15.295
claims and obligations of equal priority, ratably to the extent
of assets available therefor. Unless otherwise provided in a
limited liability company agreement, any remaining assets
shall be distributed as provided in this chapter. Any person
winding up a limited liability company’s affairs who has
complied with this section is not personally liable to the
claimants of the dissolved limited liability company by
reason of such person’s actions in winding up the limited
liability company. [1994 c 211 § 807.]
ARTICLE IX. FOREIGN LIMITED LIABILITY
COMPANIES
25.15.310 Law governing. (1) Subject to the Constitution of the state of Washington:
(a) The laws of the state, territory, possession, or other
jurisdiction or country under which a foreign limited liability
company is organized govern its organization and internal
affairs and the liability of its members and managers; and
(b) A foreign limited liability company may not be
denied registration by reason of any difference between those
laws and the laws of this state.
(2) A foreign limited liability company is subject to
RCW 25.15.030 and, notwithstanding subsection (1)(a) of
this section, a foreign limited liability company rendering
professional services in this state is also subject to RCW
25.15.045(2).
(3) A foreign limited liability company and its members
and managers doing business in this state thereby submit to
personal jurisdiction of the courts of this state and are
subject to RCW 25.15.125. [1995 c 337 § 21; 1994 c 211
§ 901.]
Effective date—1995 c 337: See note following RCW 25.15.005.
25.15.315 Registration required—Application.
Before doing business in this state, a foreign limited liability
company shall register with the secretary of state. In order
to register, a foreign limited liability company shall submit
to the secretary of state, an application for registration as a
foreign limited liability company executed by any member
or manager of the foreign limited liability company, setting
forth:
(1) The name of the foreign limited liability company
and, if different, the name under which it proposes to
register and do business in this state;
(2) The state, territory, possession, or other jurisdiction
or country where formed, the date of its formation and a
duly authenticated statement from the secretary of state or
other official having custody of limited liability company
records in the jurisdiction under whose law it was formed,
that as of the date of filing the foreign limited liability
company validly exists as a limited liability company under
the laws of the jurisdiction of its formation;
(3) The nature of the business or purposes to be
conducted or promoted in this state;
(4) The address of the registered office and the name
and address of the registered agent for service of process
required to be maintained by RCW 25.15.325(2);
(5) The address of the principal place of business of the
foreign limited liability company;
[Title 25 RCW—page 53]
25.15.315
Title 25 RCW: Partnerships
(6) A statement that the secretary of state is appointed
the agent of the foreign limited liability company for service
of process under the circumstances set forth in RCW
25.15.355(2); and
(7) The date on which the foreign limited liability
company first did, or intends to do, business in this state.
[1994 c 211 § 902.]
25.15.320 Issuance of registration. (1) If the
secretary of state finds that an application for registration
conforms to law and all requisite fees have been paid, the
secretary shall:
(a) Certify that the application has been filed in his or
her office by endorsing upon the original application the
word "Filed," and the date of the filing. This endorsement
is conclusive of the date of its filing in the absence of actual
fraud;
(b) File the endorsed application.
(2) The duplicate of the application, similarly endorsed,
shall be returned to the person who filed the application or
that person’s representative. [1994 c 211 § 903.]
25.15.325 Name—Registered office—Registered
agent. (1) A foreign limited liability company may register
with the secretary of state under any name (whether or not
it is the name under which it is registered in the jurisdiction
of its formation) that includes the words "Limited Liability
Company," the words "Limited Liability" and the abbreviation "Co.," or the abbreviation "L.L.C." or "LLC" and that
could be registered by a domestic limited liability company.
A foreign limited liability company may apply to the
secretary of state for authorization to use a name which is
not distinguishable upon the records of the office of the
secretary of state from the names described in RCW
23B.04.010 and 25.10.020, and the names of any domestic
or foreign limited liability company reserved, registered, or
formed under the laws of this state. The secretary of state
shall authorize use of the name applied for if the other
corporation, limited liability company, limited liability
partnership, or limited partnership consents in writing to the
use and files with the secretary of state documents necessary
to change its name, or the name reserved or registered to a
name that is distinguishable upon the records of the secretary
of state from the name of the applying foreign limited
liability company.
(2) Each foreign limited liability company shall continuously maintain in this state:
(a) A registered office, which may but need not be a
place of its business in this state. The registered office shall
be at a specific geographic location in this state, and be
identified by number, if any, and street, or building address
or rural route, or, if a commonly known street or rural route
address does not exist, by legal description. A registered
office may not be identified by post office box number or
other nongeographic address. For purposes of communicating by mail, the secretary of state may permit the use of a
post office address in conjunction with the registered office
address if the foreign limited liability company also maintains on file the specific geographic address of the registered
office where personal service of process may be made;
[Title 25 RCW—page 54]
(b) A registered agent for service of process on the
foreign limited liability company, which agent may be either
an individual resident of this state whose business office is
identical with the foreign limited liability company’s
registered office, or a domestic corporation, a limited
partnership or limited liability company, or a foreign
corporation authorized to do business in this state having a
business office identical with such registered office; and
(c) A registered agent who shall not be appointed
without having given prior written consent to the appointment. The written consent shall be filed with the secretary
of state in such form as the secretary may prescribe. The
written consent shall be filled with or as a part of the
document first appointing a registered agent. In the event
any individual, limited liability company, limited partnership,
or corporation has been appointed agent without consent, that
person or corporation may file a notarized statement attesting
to that fact, and the name shall forthwith be removed from
the records of the secretary of state.
(3) A foreign limited liability company may change its
registered office or registered agent by delivering to the
secretary of state for filing a statement of change that sets
forth:
(a) The name of the foreign limited liability company;
(b) If the current registered office is to be changed, the
street address of the new registered office in accord with
subsection (2)(a) of this section;
(c) If the current registered agent is to be changed, the
name of the new registered agent and the new agent’s
written consent, either on the statement or attached to it, to
the appointment; and
(d) That after the change or changes are made, the street
addresses of its registered office and the business office of
its registered agent will be identical.
(4) If a registered agent changes the street address of the
agent’s business office, the registered agent may change the
street address of the registered office of any foreign limited
liability company for which the agent is the registered agent
by notifying the foreign limited liability company in writing
of the change and signing, either manually or in facsimile,
and delivering to the secretary of state for filing a statement
that complies with the requirements of subsection (3) of this
section and recites that the foreign limited liability company
has been notified of the change.
(5) A registered agent of any foreign limited liability
company may resign as agent by signing and delivering to
the secretary of state for filing a statement that the registered
office is also discontinued. After filing the statement the
secretary of state shall mail a copy of the statement to the
foreign limited liability company at its principal place of
business shown in its application for certificate of registration if no annual report has been filed. The agency appointment is terminated, and the registered office discontinued if
so provided, on the thirty-first day after the date on which
the statement was filed. [2002 c 74 § 19; 1998 c 102 § 10;
1996 c 231 § 10; 1994 c 211 § 904.]
Captions not law—2002 c 74: See note following RCW 19.09.020.
25.15.330 Amendments to application. If any
statement in the application for registration of a foreign
limited liability company was false when made or any
(2002 Ed.)
Limited Liability Companies
arrangements or other facts described have changed, making
the application false in any respect, the foreign limited
liability company shall promptly file in the office of the
secretary of state a certificate, executed by any member or
manager, correcting such statement. [1994 c 211 § 905.]
25.15.330
liability company is doing or has done business. [1994 c
211 § 908.]
25.15.340 Doing business without registration. (1)
A foreign limited liability company doing business in this
state may not maintain any action, suit, or proceeding in this
state until it has registered in this state, and has paid to this
state all fees and penalties for the years or parts thereof,
during which it did business in this state without having
registered.
(2) The failure of a foreign limited liability company to
register in this state does not impair:
(a) The validity of any contract or act of the foreign
limited liability company;
(b) The right of any other party to the contract to
maintain any action, suit, or proceeding on the contract; or
(c) Prevent the foreign limited liability company from
defending any action, suit, or proceeding in any court of this
state.
(3) A member or a manager of a foreign limited liability
company is not liable for the obligations of the foreign
limited liability company solely by reason of the limited
liability company’s having done business in this state
without registration. [1994 c 211 § 907.]
25.15.350 Transactions not constituting transacting
business. (1) The following activities, among others, do not
constitute transacting business within the meaning of this
article:
(a) Maintaining or defending any action or suit or any
administrative or arbitration proceeding, or effecting the
settlement thereof or the settlement of claims or disputes;
(b) Holding meetings of the members, or managers if
any, or carrying on other activities concerning internal
limited liability company affairs;
(c) Maintaining bank accounts, share accounts in savings
and loan associations, custodian or agency arrangements with
a bank or trust company, or stock or bond brokerage
accounts;
(d) Maintaining offices or agencies for the transfer, exchange, and registration of the foreign limited liability
company’s own securities or interests or maintaining trustees
or depositaries with respect to those securities or interests;
(e) Selling through independent contractors;
(f) Soliciting or procuring orders, whether by mail or
through employees or agents or otherwise, where the orders
require acceptance outside this state before becoming binding
contracts and where the contracts do not involve any local
performance other than delivery and installation;
(g) Making loans or creating or acquiring evidences of
debt, mortgages, or liens on real or personal property, or
recording same;
(h) Securing or collecting debts or enforcing mortgages
and security interests in property securing the debts;
(i) Owning, without more, real or personal property;
(j) Conducting an isolated transaction that is completed
within thirty days and that is not one in the course of
repeated transactions of a like nature;
(k) Transacting business in interstate commerce;
(l) Owning a controlling interest in a corporation or a
foreign corporation that transacts business within this state;
(m) Participating as a limited partner of a domestic or
foreign limited partnership that transacts business within this
state; or
(n) Participating as a member or a manager of a
domestic or foreign limited liability company that transacts
business within this state.
(2) The list of activities in subsection (1) of this section
is not exhaustive. [1994 c 211 § 909.]
25.15.345 Foreign limited liability companies doing
business without having qualified—Injunctions. The
superior courts shall have jurisdiction to enjoin any foreign
limited liability company, or any agent thereof, from doing
any business in this state if such foreign limited liability
company has failed to register under this article or if such
foreign limited liability company has secured a certificate of
registration from the secretary of state under RCW 25.15.320
on the basis of false or misleading representations. The
secretary of state shall, upon the secretary’s own motion or
upon the relation of proper parties, proceed for this purpose
by complaint in any county in which such foreign limited
25.15.355 Service of process on registered foreign
limited liability companies. (1) A foreign limited liability
company’s registered agent is its agent for service of
process, notice, or demand required or permitted by law to
be served on the foreign limited liability company.
(2) The secretary of state shall be an agent of a foreign
limited liability company upon whom any such process,
notice, or demand may be served if:
(a) The foreign limited liability company fails to appoint
or maintain a registered agent in this state; or
(b) The registered agent cannot with reasonable diligence be found at the registered office.
25.15.335 Cancellation of registration. (1) A foreign
limited liability company may cancel its registration by filing
with the secretary of state a certificate of cancellation,
executed by any member or manager. A cancellation does
not terminate the authority of the secretary of state to accept
service of process on the foreign limited liability company
with respect to causes of action arising out of the doing of
business in this state.
(2) The certificate of cancellation shall set forth:
(a) The name of the foreign limited liability company;
(b) The date of filing of its certificate of registration;
(c) The reason for filing the certificate of cancellation;
(d) The future effective date (not later than the ninetieth
day after the date it is filed) of cancellation if it is not to be
effective upon filing of the certificate;
(e) The address to which service of process may be
forwarded; and
(f) Any other information the person filing the certificate of cancellation desires. [1994 c 211 § 906.]
(2002 Ed.)
[Title 25 RCW—page 55]
25.15.355
Title 25 RCW: Partnerships
(3) Service on the secretary of state of any such process,
notice, or demand shall be made by delivering to and leaving
with the secretary of state, or with any duly authorized clerk
of the secretary of state’s office, the process, notice, or
demand. In the event any such process, notice, or demand
is served on the secretary of state, the secretary of state shall
immediately cause a copy thereof to be forwarded by certified mail, addressed to the foreign limited liability company
at the address of its principal place of business as it appears
on the records of the secretary of state. Any service so had
on the secretary of state shall be returnable in not less than
thirty days.
(4) The secretary of state shall keep a record of all
processes, notices, and demands served upon the secretary of
state under this section, and shall record therein the time of
such service and the secretary of state’s action with reference
thereto.
(5) This section does not limit or affect the right to
serve any process, notice, or demand required or permitted
by law to be served upon a foreign limited liability company
in any other manner now or hereafter permitted by law.
[1994 c 211 § 910.]
25.15.360 Service of process on unregistered foreign
limited liability companies. (1) Any foreign limited
liability company which shall do business in this state
without having registered under RCW 25.15.315 shall be
deemed to have thereby appointed and constituted the
secretary of state its agent for the acceptance of legal process
in any civil action, suit, or proceeding against it in any state
or federal court in this state arising or growing out of any
business done by it within this state. The doing of business
in this state by such foreign limited liability company shall
be a signification of the agreement of such foreign limited
liability company that any such process when so served shall
be of the same legal force and validity as if served upon a
registered agent personally within this state.
(2) In the event of service upon the secretary of state in
accordance with subsection (1) of this section, the secretary
of state shall forthwith notify the foreign limited liability
company thereof by letter, certified mail, return receipt
requested, directed to the foreign limited liability company
at the address furnished to the secretary of state by the
plaintiff in such action, suit, or proceeding. Such letter shall
enclose a copy of the process and any other papers served
upon the secretary of state. It shall be the duty of the
plaintiff in the event of such service to serve process and
any other papers in duplicate, to notify the secretary of state
that service is being made pursuant to this subsection. [1994
c 211 § 911.]
25.15.365 Revocation of registration—Requirements
for commencement. The secretary of state may commence
a proceeding under *section 11 of this act to revoke registration of a foreign limited liability company authorized to
transact business in this state if:
(1) The foreign limited liability company is without a
registered agent or registered office in this state for sixty
days or more;
(2) The foreign limited liability company does not
inform the secretary of state under RCW 25.15.330 that its
[Title 25 RCW—page 56]
registered agent or registered office has changed, that its
registered agent has resigned, or that its registered office has
been discontinued within sixty days of the change, resignation, or discontinuance;
(3) A manager or other agent of the foreign limited
liability company signed a document knowing it was false in
any material respect with intent that the document be
delivered to the secretary of state for filing; or
(4) The secretary of state receives a duly authenticated
certificate from the secretary of state or other official having
custody of limited liability company records in the jurisdiction under which the foreign limited liability company was
organized stating that the foreign limited liability company
has been dissolved or its certificate or articles of formation
canceled. [1996 c 231 § 11.]
*Reviser’s note: The reference to "section 11 of this act" appears to
be erroneous. The error arose in the renumbering of sections when the bill
was engrossed. Section 12, codified as RCW 25.15.366, was apparently
intended.
25.15.366 Revocation of registration—Procedure—
Notice—Correction of grounds—Certificate of revocation—Authority of agent. (1) If the secretary of state determines that one or more grounds exist under *section 10 of
this act for revocation of a foreign limited liability
company’s registration, the secretary of state shall give the
foreign limited liability company written notice of the
determination by first class mail, postage prepaid, stating in
the notice the ground or grounds for and effective date of the
secretary of state’s determination, which date shall not be
earlier than the date on which the notice is mailed.
(2) If the foreign limited liability company does not
correct each ground for revocation or demonstrate to the
reasonable satisfaction of the secretary of state that each
ground determined by the secretary of state does not exist
within sixty days after notice is effective, the secretary of
state shall revoke the foreign limited liability company’s
registration by signing a certificate of revocation that recites
the ground or grounds for revocation and its effective date.
The secretary of state shall file the original of the certificate
and mail a copy to the foreign limited liability company.
(3) Documents to be mailed by the secretary of state to
a foreign limited liability company for which provision is
made in this section shall be sent to the foreign limited
liability company at the address of the agent for service of
process contained in the application or certificate of this
limited liability company which is most recently filed with
the secretary of state.
(4) The authority of a foreign limited liability company
to transact business in this state ceases on the date shown on
the certificate revoking its registration.
(5) The secretary of state’s revocation of a foreign
limited liability company’s registration appoints the secretary
of state the foreign limited liability company’s agent for
service of process in any proceeding based on a cause of
action which arose during the time the foreign limited
liability company was authorized to transact business in this
state.
(6) Revocation of a foreign limited liability company’s
registration does not terminate the authority of the registered
agent of the foreign limited liability company. [1996 c 231
§ 12.]
(2002 Ed.)
Limited Liability Companies
*Reviser’s note: The reference to "section 10 of this act" appears to
be erroneous. The error arose in the renumbering of sections when the bill
was engrossed. Section 11, codified as RCW 25.15.365, was apparently
intended.
ARTICLE X. DERIVATIVE ACTIONS
25.15.370 Right to bring action. A member may
bring an action in the superior courts in the right of a limited
liability company to recover a judgment in its favor if
managers or members with authority to do so have refused
to bring the action or if an effort to cause those managers or
members to bring the action is not likely to succeed. [1994
c 211 § 1001.]
25.15.375 Proper plaintiff. In a derivative action, the
plaintiff must be a member at the time of bringing the action
and:
(1) At the time of the transaction of which the plaintiff
complains; or
(2) The plaintiff’s status as a member had devolved
upon him or her by operation of law or pursuant to the terms
of a limited liability company agreement from a person who
was a member at the time of the transaction. [1994 c 211 §
1002.]
25.15.380 Complaint. In a derivative action, the
complaint shall set forth with particularity the effort, if any,
of the plaintiff to secure initiation of the action by a manager
or member or the reasons for not making the effort. [1994
c 211 § 1003.]
25.15.385 Expenses. If a derivative action is successful, in whole or in part, as a result of a judgment, compromise, or settlement of any such action, the court may award
the plaintiff reasonable expenses, including reasonable
attorneys’ fees, from any recovery in any such action or
from a limited liability company. [1994 c 211 § 1004.]
ARTICLE XI. MERGERS
25.15.395 Merger—Plan—Effective date. (1) One
or more domestic limited liability companies may merge
with one or more domestic partnerships, domestic limited
partnerships, domestic limited liability companies, or
domestic corporations pursuant to a plan of merger approved
or adopted as provided in RCW 25.15.400.
(2) The plan of merger must set forth:
(a) The name of each partnership, limited liability
company, limited partnership, and corporation planning to
merge and the name of the surviving partnership, limited
liability company, limited partnership, or corporation into
which the other partnership, limited liability company,
limited partnership, or corporation plans to merge;
(b) The terms and conditions of the merger; and
(c) The manner and basis of converting the interests of
each member of each limited liability company, the partnership interests in each partnership or limited partnership, and
the shares of each corporation party to the merger into the
interests, shares, obligations, or other securities of the
surviving or any other partnership, limited liability company,
(2002 Ed.)
25.15.366
limited partnership, or corporation or into cash or other
property in whole or part.
(3) The plan of merger may set forth:
(a) Amendments to the certificate of formation of the
surviving limited liability company;
(b) Amendments to the certificate of limited partnership
of the surviving limited partnership;
(c) Amendments to the articles of incorporation of the
surviving corporation; and
(d) Other provisions relating to the merger.
(4) If the plan of merger does not specify a delayed
effective date, it shall become effective upon the filing of
articles of merger. If the plan of merger specifies a delayed
effective time and date, the plan of merger becomes effective
at the time and date specified. If the plan of merger
specifies a delayed effective date but no time is specified,
the plan of merger is effective at the close of business on
that date. A delayed effective date for a plan of merger may
not be later than the ninetieth day after the date it is filed.
[1998 c 103 § 1319; 1994 c 211 § 1101.]
25.15.400 Merger—Plan—Approval. (1) Unless
otherwise provided in the limited liability company agreement, approval of a plan of merger by a domestic limited
liability company party to the merger shall occur when the
plan is approved by the members, or if there is more than
one class or group of members, then by each class or group
of members, in either case, by members contributing more
than fifty percent of the agreed value (as stated in the
records of the limited liability company required to be kept
pursuant to RCW 25.15.135) of the contributions made, or
obligated to be made, by all members or by the members in
each class or group, as appropriate.
(2) If a domestic limited partnership is a party to the
merger, the plan of merger shall be adopted and approved as
provided in RCW 25.10.810.
(3) If a domestic corporation is a party to the merger,
the plan of merger shall be adopted and approved as provided in chapter 23B.11 RCW.
(4) If a domestic partnership is a party to the merger,
the plan of merger must be approved as provided in RCW
25.05.375. [1998 c 103 § 1320; 1994 c 211 § 1102.]
25.15.405 Articles of merger—Filing. After a plan
of merger is approved or adopted, the surviving partnership,
limited liability company, limited partnership, or corporation
shall deliver to the secretary of state for filing articles of
merger setting forth:
(1) The plan of merger;
(2) If the approval of any members, partners, or shareholders of one or more partnerships, limited liability companies, limited partnerships, or corporations party to the merger
was not required, a statement to that effect; or
(3) If the approval of any members, partners, or shareholders of one or more of the partnerships, limited liability
companies, limited partnerships, or corporations party to the
merger was required, a statement that the merger was duly
approved by such members, partners, and shareholders
pursuant to RCW 25.05.375, 25.15.400, 25.10.810, or
chapter 23B.11 RCW. [1998 c 103 § 1321; 1994 c 211 §
1103.]
[Title 25 RCW—page 57]
25.15.410
Title 25 RCW: Partnerships
25.15.410 Effect of merger. (1) When a merger takes
effect:
(a) Every other partnership, limited liability company,
limited partnership, or corporation that is party to the merger
merges into the surviving partnership, limited liability
company, limited partnership, or corporation and the separate
existence of every partnership, limited liability company,
limited partnership, or corporation except the surviving
partnership, limited liability company, limited partnership, or
corporation ceases;
(b) The title to all real estate and other property owned
by each partnership, limited liability company, limited
partnership, and corporation party to the merger is vested in
the surviving partnership, limited liability company, limited
partnership, or corporation without reversion or impairment;
(c) The surviving partnership, limited liability company,
limited partnership, or corporation has all liabilities of each
partnership, limited liability company, limited partnership,
and corporation that is party to the merger;
(d) A proceeding pending against any partnership,
limited liability company, limited partnership, or corporation
that is party to the merger may be continued as if the merger
did not occur or the surviving partnership, limited liability
company, limited partnership, or corporation may be substituted in the proceeding for the partnership, limited liability
company, limited partnership, or corporation whose existence
ceased;
(e) The certificate of formation of the surviving limited
liability company is amended to the extent provided in the
plan of merger;
(f) The partnership agreement of the surviving limited
partnership is amended to the extent provided in the plan of
merger;
(g) The articles of incorporation of the surviving
corporation are amended to the extent provided in the plan
of merger; and
(h) The former members of every limited liability
company party to the merger, holders of the partnership
interests of every domestic partnership or domestic limited
partnership that is party to the merger, and the former holders of the shares of every domestic corporation that is party
to the merger are entitled only to the rights provided in the
plan of merger, to their rights under chapter 25.05 RCW, to
their rights under this article, to their rights under RCW
25.10.900 through 25.10.955, or to their rights under chapter
23B.13 RCW.
(2) Unless otherwise agreed, a merger of a domestic
limited liability company, including a domestic limited
liability company which is not the surviving entity in the
merger, shall not require the domestic limited liability
company to wind up its affairs under RCW 25.15.295 or pay
its liabilities and distribute its assets under RCW 25.15.300.
(3) Unless otherwise agreed, a merger of a domestic
limited partnership, including a domestic limited partnership
which is not the surviving entity in the merger, shall not
require the domestic limited partnership to wind up its affairs
under RCW 25.10.460 or pay its liabilities and distribute its
assets under RCW 25.10.470.
(4) Unless otherwise agreed, a merger of a domestic
partnership, including a domestic partnership which is not
the surviving entity in the merger, shall not require the
[Title 25 RCW—page 58]
domestic partnership to wind up its affairs under article 8 of
chapter 25.05 RCW.
(5) Unless otherwise agreed, a merger of a domestic
limited liability company, including a domestic limited
liability company which is not the surviving entity in the
merger, shall not require the domestic limited liability
company to wind up its affairs under article 8 of chapter
25.15 RCW. [1998 c 103 § 1322; 1994 c 211 § 1104.]
25.15.415 Merger—Foreign and domestic. (1) One
or more foreign partnerships, one or more foreign limited
liability companies, one or more foreign limited partnerships,
and one or more foreign corporations may merge with one
or more domestic partnerships, domestic limited liability
companies, domestic limited partnerships, or domestic
corporations if:
(a) The merger is permitted by the law of the jurisdiction under which each foreign limited liability company was
formed, each foreign partnership or foreign limited partnership was organized, and each foreign corporation was
incorporated, and each foreign limited liability company,
foreign partnership, foreign limited partnership, and foreign
corporation complies with that law in effecting the merger;
(b) The surviving entity complies with RCW 25.15.405
and 25.05.380;
(c) Each domestic limited liability company complies
with RCW 25.15.400;
(d) Each domestic limited partnership complies with
RCW 25.10.810; and
(e) Each domestic corporation complies with RCW
23B.11.080.
(2) Upon the merger taking effect, a surviving foreign
limited liability company, limited partnership, or corporation
is deemed to appoint the secretary of state as its agent for
service of process in a proceeding to enforce any obligation
or the rights of dissenting partners or shareholders of each
domestic limited liability company, domestic limited partnership, or domestic corporation party to the merger. [1998 c
103 § 1323; 1994 c 211 § 1105.]
ARTICLE XII. DISSENTERS’ RIGHTS
25.15.425 Definitions. As used in this article, unless
the context otherwise requires:
(1) "Limited liability company" means the domestic
limited liability company in which the dissenter holds or
held a membership interest, or the surviving limited liability
company, limited partnership, or corporation by merger,
whether foreign or domestic, of that limited liability company.
(2) "Dissenter" means a member who is entitled to
dissent from a plan of merger and who exercises that right
when and in the manner required by this article.
(3) "Fair value," with respect to a dissenter’s limited
liability company interest, means the value of the member’s
limited liability company interest immediately before the
effectuation of the merger to which the dissenter objects, excluding any appreciation or depreciation in anticipation of
the merger unless exclusion would be inequitable.
(4) "Interest" means interest from the effective date of
the merger until the date of payment, at the average rate
(2002 Ed.)
Limited Liability Companies
currently paid by the limited liability company on its
principal bank loans or, if none, at a rate that is fair and
equitable under all the circumstances. [1994 c 211 § 1201.]
25.15.430 Member—Dissent—Payment of fair
value. (1) Except as provided in RCW 25.15.440 or
25.15.450(2), a member of a domestic limited liability
company is entitled to dissent from, and obtain payment of,
the fair value of the member’s interest in a limited liability
company in the event of consummation of a plan of merger
to which the limited liability company is a party as permitted
by RCW 25.15.395 or 25.15.415.
(2) A member entitled to dissent and obtain payment for
the member’s interest in a limited liability company under
this article may not challenge the merger creating the
member’s entitlement unless the merger fails to comply with
the procedural requirements imposed by this title, Title 23B
RCW, RCW 25.10.800 through 25.10.840, or the limited
liability company agreement, or is fraudulent with respect to
the member or the limited liability company.
(3) The right of a dissenting member in a limited
liability company to obtain payment of the fair value of the
member’s interest in the limited liability company shall
terminate upon the occurrence of any one of the following
events:
(a) The proposed merger is abandoned or rescinded;
(b) A court having jurisdiction permanently enjoins or
sets aside the merger; or
(c) The member’s demand for payment is withdrawn
with the written consent of the limited liability company.
[1994 c 211 § 1202.]
25.15.435 Dissenters’ rights—Notice—Timing. (1)
Not less than ten days prior to the approval of a plan of
merger, the limited liability company must send a written
notice to all members who are entitled to vote on or approve
the plan of merger that they may be entitled to assert
dissenters’ rights under this article. Such notice shall be
accompanied by a copy of this article.
(2) The limited liability company shall notify in writing
all members not entitled to vote on or approve the plan of
merger that the plan of merger was approved, and send them
the dissenters’ notice as required by RCW 25.15.445. [1994
c 211 § 1203.]
25.15.440 Member—Dissent—Voting restriction. A
member of a limited liability company who is entitled to
vote on or approve the plan of merger and who wishes to
assert dissenters’ rights must not vote in favor of or approve
the plan of merger. A member who does not satisfy the
requirements of this section is not entitled to payment for the
member’s interest in the limited liability company under this
article. [1994 c 211 § 1204.]
25.15.445 Members—Dissenters’ notice—
Requirements. (1) If the plan of merger is approved, the
limited liability company shall deliver a written dissenters’
notice to all members who satisfied the requirements of
RCW 25.15.440.
(2) The dissenters’ notice required by RCW
25.15.435(2) or by subsection (1) of this section must be
(2002 Ed.)
25.15.425
sent within ten days after the approval of the plan of merger,
and must:
(a) State where the payment demand must be sent;
(b) Inform members as to the extent transfer of the
member’s interest in the limited liability company will be
restricted as permitted by RCW 25.15.455 after the payment
demand is received;
(c) Supply a form for demanding payment;
(d) Set a date by which the limited liability company
must receive the payment demand, which date may not be
fewer than thirty nor more than sixty days after the date the
notice under this section is delivered; and
(e) Be accompanied by a copy of this article. [1994 c
211 § 1205.]
25.15.450
Member—Payment demand—
Entitlement. (1) A member of a limited liability company
who demands payment retains all other rights of a member
of such company until the proposed merger becomes
effective.
(2) A member of a limited liability company sent a
dissenters’ notice who does not demand payment by the date
set in the dissenters’ notice is not entitled to payment for the
member’s interest in the limited liability company under this
article. [1994 c 211 § 1206.]
25.15.455 Member’s interests—Transfer restriction.
The limited liability company agreement may restrict the
transfer of members’ interests in the limited liability company from the date the demand for their payment is received
until the proposed merger becomes effective or the restriction is released under this article. [1994 c 211 § 1207.]
25.15.460 Payment of fair value—Requirements for
compliance. (1) Within thirty days of the later of the date
the proposed merger becomes effective, or the payment
demand is received, the limited liability company shall pay
each dissenter who complied with RCW 25.15.450 the
amount the limited liability company estimates to be the fair
value of the dissenting member’s interest in the limited
liability company, plus accrued interest.
(2) The payment must be accompanied by:
(a) Copies of the financial statements for the limited
liability company for its most recent fiscal year;
(b) An explanation of how the limited liability company
estimated the fair value of the member’s interest in the
limited liability company;
(c) An explanation of how the accrued interest was
calculated;
(d) A statement of the dissenter’s right to demand payment; and
(e) A copy of this article. [1994 c 211 § 1208.]
25.15.465 Merger—Not effective within sixty days—
Transfer restrictions. (1) If the proposed merger does not
become effective within sixty days after the date set for
demanding payment, the limited liability company shall
release any transfer restrictions imposed as permitted by
RCW 25.15.455.
(2) If, after releasing transfer restrictions, the proposed
merger becomes effective, the limited liability company must
[Title 25 RCW—page 59]
25.15.465
Title 25 RCW: Partnerships
send a new dissenters’ notice as provided in RCW
25.15.435(2) and 25.15.445 and repeat the payment demand
procedure. [1994 c 211 § 1209.]
25.15.470 Dissenter’s estimate of fair value—Notice.
(1) A dissenting member may notify the limited liability
company in writing of the dissenter’s own estimate of the
fair value of the dissenter’s interest in the limited liability
company, and amount of interest due, and demand payment
of the dissenter’s estimate, less any payment under RCW
25.15.460, if:
(a) The dissenter believes that the amount paid is less
than the fair value of the dissenter’s interest in the limited
liability company, or that the interest due is incorrectly
calculated;
(b) The limited liability company fails to make payment
within sixty days after the date set for demanding payment;
or
(c) The limited liability company, having failed to
effectuate the proposed merger, does not release the transfer
restrictions imposed on members’ interests as permitted by
RCW 25.15.455 within sixty days after the date set for
demanding payment.
(2) A dissenter waives the right to demand payment
under this section unless the dissenter notifies the limited
liability company of the dissenter’s demand in writing under
subsection (1) of this section within thirty days after the
limited liability company made payment for the dissenter’s
interest in the limited liability company. [1994 c 211 §
1210.]
25.15.475 Unsettled demand for payment—
Proceeding—Parties—Appraisers. (1) If a demand for
payment under RCW 25.15.450 remains unsettled, the
limited liability company shall commence a proceeding
within sixty days after receiving the payment demand and
petition the court to determine the fair value of the dissenting member’s interest in the limited liability company, and
accrued interest. If the limited liability company does not
commence the proceeding within the sixty-day period, it
shall pay each dissenter whose demand remains unsettled the
amount demanded.
(2) The limited liability company shall commence the
proceeding in the superior court. If the limited liability
company is a domestic limited liability company, it shall
commence the proceeding in the county where its registered
office is maintained.
(3) The limited liability company shall make all dissenters (whether or not residents of this state) whose demands
remain unsettled parties to the proceeding as in an action
against their membership interests in the limited liability
company and all parties must be served with a copy of the
petition. Nonresidents may be served by registered or
certified mail or by publication as provided by law.
(4) The limited liability company may join as a party to
the proceeding any member who claims to be a dissenter but
who has not, in the opinion of the limited liability company,
complied with the provisions of this article. If the court
determines that such member has not complied with the
provisions of this article, the member shall be dismissed as
a party.
[Title 25 RCW—page 60]
(5) The jurisdiction of the court in which the proceeding
is commenced is plenary and exclusive. The court may
appoint one or more persons as appraisers to receive evidence and recommend decisions on the question of fair
value. The appraisers have the powers described in the
order appointing them or in any amendment to it. The
dissenters are entitled to the same discovery rights as parties
in other civil proceedings.
(6) Each dissenter made a party to the proceeding is
entitled to judgment for the amount, if any, by which the
court finds the fair value of the dissenter’s membership
interest in the limited liability company, plus interest,
exceeds the amount paid by the limited liability company.
[1994 c 211 § 1211.]
25.15.480 Unsettled demand for payment—Costs—
Fees and expenses of counsel. (1) The court in a proceeding commenced under RCW 25.15.475 shall determine all
costs of the proceeding, including the reasonable compensation and expenses of appraisers appointed by the court. The
court shall assess the costs against the limited liability
company, except that the court may assess the costs against
all or some of the dissenters, in amounts the court finds
equitable, to the extent the court finds the dissenters acted
arbitrarily, vexatiously, or not in good faith in demanding
payment.
(2) The court may also assess the fees and expenses of
counsel and experts for the respective parties, in amounts the
court finds equitable:
(a) Against the limited liability company and in favor of
any or all dissenters if the court finds the limited liability
company did not substantially comply with the requirements
of this article; or
(b) Against either the limited liability company or a
dissenter, in favor of any other party, if the court finds that
the party against whom the fees and expenses are assessed
acted arbitrarily, vexatiously, or not in good faith with
respect to the rights provided by this article.
(3) If the court finds that the services of counsel for any
dissenter were of substantial benefit to other dissenters
similarly situated, and that the fees for those services should
not be assessed against the limited liability company, the
court may award to these counsel reasonable fees to be paid
out of the amounts awarded to the dissenters who were
benefited. [1994 c 211 § 1212.]
ARTICLE XIII. MISCELLANEOUS
25.15.800 Construction and application of chapter
and limited liability company agreement. (1) The rule
that statutes in derogation of the common law are to be
strictly construed shall have no application to this chapter.
(2) It is the policy of this chapter to give the maximum
effect to the principle of freedom of contract and to the
enforceability of limited liability company agreements.
(3) Unless the context otherwise requires, as used in this
chapter, the singular shall include the plural and the plural
may refer to only the singular. The captions contained
herein are for purposes of convenience only and shall not
control or affect the construction of this chapter and do not
constitute part of the law. [1994 c 211 § 1301.]
(2002 Ed.)
Limited Liability Companies
25.15.805
25.15.805 Establishment of filing fees and miscellaneous charges. (1) The secretary of state shall adopt rules
establishing fees which shall be charged and collected for:
(a) Filing of a certificate of formation for a domestic
limited liability company or an application for registration of
a foreign limited liability company;
(b) Filing of a certificate of cancellation for a domestic
or foreign limited liability company;
(c) Filing of a certificate of amendment or restatement
for a domestic or foreign limited liability company;
(d) Filing an application to reserve, register, or transfer
a limited liability company name;
(e) Filing any other certificate, statement, or report
authorized or permitted to be filed;
(f) Copies, certified copies, certificates, service of
process filings, and expedited filings or other special
services.
(2) In the establishment of a fee schedule, the secretary
of state shall, insofar as is possible and reasonable, be
guided by the fee schedule provided for corporations
governed by Title 23B RCW. Fees for copies, certified
copies, certificates of record, and service of process filings
shall be as provided for in RCW 23B.01.220.
(3) All fees collected by the secretary of state shall be
deposited with the state treasurer pursuant to law. [1994 c
211 § 1302.]
25.15.810 Authority to adopt rules. The secretary of
state shall adopt such rules as are necessary to implement the
transfer of duties and records required by this chapter.
[1994 c 211 § 1303.]
25.15.900 Effective date—1994 c 211. This act shall
take effect October 1, 1994. [1994 c 211 § 1312.]
25.15.901 Short title. This chapter may be cited as
the "Washington Limited Liability Company Act." [1994 c
211 § 1313.]
25.15.902 Severability—1994 c 211. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 211 § 1314.]
(2002 Ed.)
[Title 25 RCW—page 61]
Title 26
DOMESTIC RELATIONS
Chapters
26.04
26.09
26.10
26.12
26.16
26.18
26.19
26.20
26.21
26.21A
26.23
26.25
26.26
26.27
26.28
26.30
26.33
26.34
26.40
26.44
26.50
26.52
Marriage.
Dissolution of marriage—Legal separation.
Nonparental actions for child custody.
Family court.
Husband and wife—Rights and liabilities—
Community property.
Child support enforcement.
Child support schedule.
Family abandonment or nonsupport.
Uniform interstate family support act.
Uniform interstate family support act.
State support registry.
Cooperative child support services—Indian
tribes.
Uniform parentage act.
Uniform child custody jurisdiction act.
Age of majority.
Uniform minor student capacity to borrow
act.
Adoption.
Interstate compact on placement of children.
Handicapped children.
Abuse of children.
Domestic violence prevention.
Foreign protection order full faith and credit
act.
Action against parent for willful injury to property by minor child: RCW
4.24.190.
Action by parent for sale or transfer of controlled substance to minor:
RCW 69.50.414.
Child welfare services: Chapter 74.13 RCW.
Children, expectant mothers and adult developmentally disabled, care and
placement agencies: Chapter 74.15 RCW.
Children’s center for research and training in mental retardation: RCW
28B.20.410 through 28B.20.414.
Community property, descent and distribution, devise: RCW 11.02.070,
11.04.015.
Contempts: Chapter 7.21 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Displaced homemaker act: Chapter 28B.04 RCW.
Enforcement of judgments: Title 6 RCW.
Evidence—Who are disqualified—Privileged communications: RCW
5.60.060.
Homesteads: Chapter 6.13 RCW.
Joint tenancies: Chapter 64.28 RCW.
Jurisdiction over Indians as to domestic relations and adoption: Chapter
37.12 RCW.
Personal exemptions: Chapter 6.15 RCW.
Probate and trust law: Title 11 RCW.
Sex crimes: Chapter 9A.44 RCW.
Sexually transmitted disease treatment and care for minors, consent,
liability: RCW 70.24.110.
(2002 Ed.)
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Solicitation of minor for immoral purposes: RCW 71.06.010.
Special
proceedings and actions: Title 7 RCW.
rights of action: Chapter 4.24 RCW.
Survival of actions: Chapter 4.20 RCW.
Transfers to minors act: Chapter 11.114 RCW.
Trial—Implied bias defined: RCW 4.44.180.
Wages due on death of employee—Payment to survivor under community
property agreement: RCW 49.48.120.
Youth development and conservation corps: Chapter 79A.05 RCW.
Chapter 26.04
MARRIAGE
Sections
26.04.010
26.04.020
26.04.050
26.04.060
26.04.070
26.04.080
26.04.090
Marriage contract—Void marriages.
Prohibited marriages.
Who may solemnize.
Marriage before unauthorized cleric—Effect.
Form of solemnization.
Marriage certificate—Contents.
Certificate for files of county auditor and state registrar of
vital statistics—Forms.
26.04.100 Filing and recording—County auditor.
26.04.105 Preservation of copies of applications and licenses—County
auditor.
26.04.110 Penalty for failure to deliver certificates.
26.04.120 Marriage according to religious ritual.
26.04.130 Voidable marriages.
26.04.140 Marriage license.
26.04.150 Application for license—May be secured by mail—
Execution and acknowledgment.
26.04.160 Application for license—Contents—Oath.
26.04.165 Additional marriage certificate form.
26.04.170 Inspection of applications.
26.04.175 When disclosure of marriage applications and records prohibited.
26.04.180 License—Time limitations as to issuance and use—
Notification.
26.04.190 Refusal of license—Appeal.
26.04.200 Penalty for violations—1939 c 204.
26.04.210 Affidavits required for issuance of license.
26.04.220 Retention of license by person solemnizing—Auditor’s record.
26.04.230 Penalty for violation of marriage requirements.
26.04.240 Penalty for unlawful solemnization—Code 1881.
26.04.250 Penalty for unlawful solemnization—1909 c 249.
Certificates for out-of-state marriage license requirements: RCW
70.58.380.
Interschool athletic and other extracurricular activities for students,
discrimination because of marital status prohibited: RCW
28A.600.200.
Statute of frauds—Contracts, etc., void unless in writing: RCW 19.36.010.
Veterans and veterans’ affairs—Free marriage and divorce certificates:
RCW 73.04.120.
26.04.010 Marriage contract—Void marriages. (1)
Marriage is a civil contract between a male and a female
[Title 26 RCW—page 1]
26.04.010
Title 26 RCW: Domestic Relations
who have each attained the age of eighteen years, and who
are otherwise capable.
(2) Every marriage entered into in which either the
husband or the wife has not attained the age of seventeen
years is void except where this section has been waived by
a superior court judge of the county in which one of the
parties resides on a showing of necessity. [1998 c 1 § 3;
1973 1st ex.s. c 154 § 26; 1970 ex.s. c 17 § 2; 1963 c 230
§ 1; Code 1881 § 2380; 1866 p 81 § 1; 1854 p 404 §§ 1, 5;
RRS § 8437.]
Finding—1998 c 1: "(1) In P.L. 104-199; 110 Stat. 219, the Defense
of Marriage Act, Congress granted authority to the individual states to either
grant or deny recognition of same-sex marriages recognized as valid in
another state. The Defense of Marriage Act defines marriage for purposes
of federal law as a legal union between one man and one woman as
husband and wife and provides that a state shall not be required to give
effect to any public act or judicial proceeding of any other state respecting
marriage between persons of the same sex if the state has determined that
it will not recognize same-sex marriages.
(2) The legislature and the people of the state of Washington find that
matters pertaining to marriage are matters reserved to the sovereign states
and, therefore, such matters should be determined by the people within each
individual state and not by the people or courts of a different state." [1998
c 1 § 1.]
Intent—1998 c 1: "(1) It is a compelling interest of the state of
Washington to reaffirm its historical commitment to the institution of
marriage as a union between a man and a woman as husband and wife and
to protect that institution.
(2) The court in Singer v. Hara, 11 Wn. App. 247 (1974) held that the
Washington state marriage statute does not allow marriage between persons
of the same sex. It is the intent of the legislature by this act to codify the
Singer opinion and to fully exercise the authority granted the individual
states by Congress in P.L. 104-199; 110 Stat. 219, the Defense of Marriage
Act, to establish public policy against same-sex marriage in statutory law
that clearly and definitively declares same-sex marriages will not be
recognized in Washington, even if they are made legal in other states."
[1998 c 1 § 2.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
26.04.020 Prohibited marriages. (1) Marriages in the
following cases are prohibited:
(a) When either party thereto has a wife or husband
living at the time of such marriage;
(b) When the husband and wife are nearer of kin to
each other than second cousins, whether of the whole or half
blood computing by the rules of the civil law; or
(c) When the parties are persons other than a male and
a female.
(2) It is unlawful for any man to marry his father’s
sister, mother’s sister, daughter, sister, son’s daughter,
daughter’s daughter, brother’s daughter or sister’s daughter;
it is unlawful for any woman to marry her father’s brother,
mother’s brother, son, brother, son’s son, daughter’s son,
brother’s son or sister’s son.
(3) A marriage between two persons that is recognized
as valid in another jurisdiction is valid in this state only if
the marriage is not prohibited or made unlawful under
subsection (1)(a), (1)(c), or (2) of this section. [1998 c 1 §
4; 1927 c 189 § 1; Code 1881 § 949; 1866 p 81 § 2; 1854
p 96 § 115; RRS § 8438.]
Finding—Intent—1998 c 1: See notes following RCW 26.04.010.
Bigamy: RCW 9A.64.010.
Incest—Penalties: RCW 9A.64.020.
[Title 26 RCW—page 2]
26.04.050 Who may solemnize. The following named
officers and persons, active or retired, are hereby authorized
to solemnize marriages, to wit: Justices of the supreme
court, judges of the court of appeals, judges of the superior
courts, superior court commissioners, any regularly licensed
or ordained minister or any priest of any church or religious
denomination, and judges of courts of limited jurisdiction as
defined in RCW 3.02.010. [1987 c 291 § 1; 1984 c 258 §
95; 1983 c 186 § 1; 1971 c 81 § 69; 1913 c 35 § 1; 1890 p
98 § 1; 1883 p 43 § 1; Code 1881 § 2382; 1866 p 82 § 4;
1854 p 404 § 4; RRS § 8441.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
26.04.060 Marriage before unauthorized cleric—
Effect. A marriage solemnized before any person professing
to be a minister or a priest of any religious denomination in
this state or professing to be an authorized officer thereof, is
not void, nor shall the validity thereof be in any way
affected on account of any want of power or authority in
such person, if such marriage be consummated with a belief
on the part of the persons so married, or either of them, that
they have been lawfully joined in marriage. [1975-’76 2nd
ex.s. c 42 § 25; Code 1881 § 2388; 1866 p 83 §§ 10 and 11;
1854 p 405 § 6; RRS § 8442. Formerly RCW 26.04.060
and 26.24.200.]
26.04.070 Form of solemnization. In the solemnization of marriage no particular form is required, except that
the parties thereto shall assent or declare in the presence of
the minister, priest, or judicial officer solemnizing the same,
and in the presence of at least two attending witnesses, that
they take each other to be husband and wife. [Code 1881 §
2383; 1866 p 82 § 5; RRS § 8443.]
26.04.080 Marriage certificate—Contents. The
person solemnizing a marriage shall give to each of the
parties thereto, if required, a certificate thereof, specifying
therein the names and residence of the parties, and of at least
two witnesses present, the time and place of such marriage,
and the date of the license thereof, and by whom issued.
[Code 1881 § 2384; 1866 p 82 § 6; RRS § 8444.]
26.04.090 Certificate for files of county auditor and
state registrar of vital statistics—Forms. A person
solemnizing a marriage shall, within thirty days thereafter,
make and deliver to the county auditor of the county wherein
the license was issued a certificate for the files of the county
auditor, and a certificate for the files of the state registrar of
vital statistics. The certificate for the files of the county
auditor shall be substantially as follows:
STATE OF WASHINGTON
COUNTY OF . . . . . . . . . . .
⎫
⎬
âŽ
This is to certify that the undersigned, a . . . . . ., by
authority of a license bearing date the . . . . day of . . . . . .
A.D., 19. . ., and issued by the County auditor of the county
of . . . . . ., did, on the . . . . day of . . . . . . A.D., 19. . ., at
. . . . . . in this county and state, join in lawful wedlock A.B.
of the county of . . . . . ., state of . . . . . . and C.D. of the
(2002 Ed.)
Marriage
county of . . . . . ., state of . . . . . ., with their mutual assent,
in the presence of F H and E G, witnesses.
In Testimony Whereof, witness the signatures of the
parties to said ceremony, the witnesses and myself, this . . . .
day of . . . . . ., A.D., 19. . .
The certificate for the files of the state registrar of vital
statistics shall be in accordance with *RCW 70.58.200. The
certificate forms for the files of the county auditor and for
the files of the state registrar of vital statistics shall be
provided by the state registrar of vital statistics. [1967 c 26
§ 4; 1947 c 59 § 1; 1927 c 172 § 1; Code 1881 § 2385;
1866 p 82 § 7; 1854 p 405 § 7; RRS § 8445.]
*Reviser’s note: RCW 70.58.200 was repealed by 1991 c 96 § 6.
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.100 Filing and recording—County auditor.
The county auditor shall file said certificates and record
them or bind them into numbered volumes, and note on the
original index to the license issued the volume and page
wherein such certificate is recorded or bound. He shall enter
the date of filing and his name on the certificates for the
files of the state registrar of vital statistics, and transmit, by
the tenth day of each month, all such certificates filed with
him during the preceding month. [1967 c 26 § 5; 1947 c 59
§ 2; 1886 p 66 § 1; Code 1881 § 2386; 1867 p 105 § 2;
1866 p 82 § 8; Rem. Supp. 1947 § 8446.]
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.105 Preservation of copies of applications and
licenses—County auditor. The county auditor may
preserve copies of marriage license applications submitted
and marriage licenses issued under this chapter in the same
manner as authorized for the recording of instruments under
RCW 65.04.040. [1985 c 44 § 1.]
26.04.110 Penalty for failure to deliver certificates.
Any person solemnizing a marriage, who shall wilfully
refuse or neglect to make and deliver to the county auditor
for record, the certificates mentioned in RCW 26.04.090,
within the time in such section specified, shall be deemed
guilty of a misdemeanor, and upon conviction shall pay for
such refusal, or neglect, a fine of not less than twenty-five
nor more than three hundred dollars. [1967 c 26 § 6; 1947
c 59 § 3; 1886 p 66 § 2; Code 1881 § 2387; 1866 p 83 § 9;
Rem. Supp. 1947 § 8447.]
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.120 Marriage according to religious ritual.
All marriages to which there are no legal impediments,
solemnized before or in any religious organization or
congregation, according to the established ritual or form
commonly practiced therein, are valid, and a certificate
containing the particulars specified in RCW 26.04.080 and
26.04.090, shall be made and filed for record by the person
or persons presiding or officiating in or recording the
proceedings of such religious organization or congregation,
in the manner and with like effect as in ordinary cases.
[Code 1881 § 2389; RRS § 8448.]
26.04.090
26.04.130 Voidable marriages. When either party to
a marriage shall be incapable of consenting thereto, for want
of legal age or a sufficient understanding, or when the
consent of either party shall be obtained by force or fraud,
such marriage is voidable, but only at the suit of the party
laboring under the disability, or upon whom the force or
fraud is imposed. [Code 1881 § 2381; 1866 p 81 § 3; RRS
§ 8449.]
26.04.140 Marriage license. Before any persons can
be joined in marriage, they shall procure a license from a
county auditor, as provided in RCW 26.04.150 through
26.04.190. [1985 c 82 § 1; 1939 c 204 § 2; RRS § 8450-1.
Prior: Code 1881 § 2390; 1866 p 83 § 12.]
26.04.150 Application for license—May be secured
by mail—Execution and acknowledgment. Any person
may secure by mail from the county auditor of the county in
the state of Washington where he intends to be married, an
application, and execute and acknowledge said application
before a notary public. [1963 c 230 § 2; 1939 c 204 § 3;
RRS § 8450-2.]
26.04.160 Application for license—Contents—Oath.
(1) Application for a marriage license must be made and
filed with the appropriate county auditor upon blanks to be
provided by the county auditor for that purpose, which application shall be under the oath of each of the applicants, and
each application shall state the name, address at the time of
execution of application, age, social security number,
birthplace, whether single, widowed or divorced, and
whether under control of a guardian, residence during the
past six months: PROVIDED, That each county may require
such other and further information on said application as it
shall deem necessary.
(2) The county legislative authority may impose an
additional fee up to fifteen dollars on a marriage license for
the purpose of funding family services such as family
support centers. [1997 c 58 § 909; 1993 c 451 § 1; 1985 c
82 § 2; 1967 c 26 § 7; 1939 c 204 § 4; RRS § 8450-3.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1967 c 26: See note following RCW 43.70.150.
26.04.165 Additional marriage certificate form. In
addition to the application provided for in RCW 26.04.160,
the county auditor for the county wherein the license is
issued shall submit to each applicant at the time for application for a license the Washington state department of health
marriage certificate form prescribed by *RCW 70.58.200 to
be completed by the applicants and returned to the county
auditor for the files of the state registrar of vital statistics.
After the execution of the application for, and the issuance
of a license, no county shall require the persons authorized
to solemnize marriages to obtain any further information
from the persons to be married except the names and county
of residence of the persons to be married. [1989 1st ex.s. c
9 § 203; 1979 c 141 § 34; 1969 ex.s. c 279 § 1.]
*Reviser’s note: RCW 70.58.200 was repealed by 1991 c 96 § 6.
(2002 Ed.)
[Title 26 RCW—page 3]
26.04.165
Title 26 RCW: Domestic Relations
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
26.04.170 Inspection of applications. Any such
application shall be open to public inspection as a part of the
records of the office of such county auditor. [1985 c 82 §
3; 1939 c 204 § 5; RRS § 8450-4.]
26.04.175 When disclosure of marriage applications
and records prohibited. If a program participant under
chapter 40.24 RCW notifies the appropriate county auditor
as required under rules adopted by the secretary of state, the
county auditor shall not make available for inspection or
copying the name and address of a program participant
contained in marriage applications and records filed under
chapter 26.04 RCW, except under the following circumstances:
(1) If requested by a law enforcement agency, to the
law enforcement agency; and
(2) If directed by a court order, to a person identified in
the order. [1991 c 23 § 12.]
26.04.180 License—Time limitations as to issuance
and use—Notification. The county auditor may issue the
marriage license at the time of application, but shall issue
such license no later than the third full day following the
date of the application. A marriage license issued pursuant
to the provisions of this chapter may not be used until three
days after the date of application and shall become void if
the marriage is not solemnized within sixty days of the date
of the issuance of the license, and the county auditor shall
notify the applicant in writing of this requirement at the time
of issuance of the license. [1985 c 82 § 4; 1979 ex.s. c 128
§ 1; 1963 c 230 § 3; 1953 c 107 § 1. Prior: 1943 c 250 §
1; 1939 c 204 § 6; Rem. Supp. 1943 § 8450-5.]
26.04.190 Refusal of license—Appeal. Any county
auditor is hereby authorized to refuse to issue a license to
marry if, in his discretion, the applications executed by the
parties or information coming to his knowledge as a result
of the execution of said applications, justifies said refusal:
PROVIDED, HOWEVER, The denied parties may appeal to
the superior court of said county for an order to show cause,
directed to said county auditor to appear before said court to
show why said court should not grant an order to issue a
license to said denied parties and, after due hearing, or if the
auditor fails to appear, said court may in its discretion, issue
an order to said auditor directing him to issue said license;
any hearings held by a superior court under RCW 26.04.140
through 26.04.200 may, in the discretion of said court, be
held in chambers. [1939 c 204 § 7; RRS § 8450-6.]
26.04.200 Penalty for violations—1939 c 204. Any
person intentionally violating any provision of RCW
26.04.140 through 26.04.190 shall be guilty of a misdemeanor. [1939 c 204 § 8; RRS § 8450-7.]
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
26.04.210 Affidavits required for issuance of license.
(1) The county auditor, before a marriage license is issued,
upon the payment of a license fee as fixed in RCW
[Title 26 RCW—page 4]
36.18.010 shall require each applicant therefor to make and
file in the auditor’s office upon blanks to be provided by the
county for that purpose, an affidavit showing that if an applicant is afflicted with any contagious sexually transmitted
disease, the condition is known to both applicants, and that
the applicants are the age of eighteen years or over. If the
consent in writing is obtained of the father, mother, or legal
guardian of the person for whom the license is required, the
license may be granted in cases where the female has
attained the age of seventeen years or the male has attained
the age of seventeen years. Such affidavit may be subscribed and sworn to before any person authorized to
administer oaths. Anyone knowingly swearing falsely to any
of the statements contained in the affidavits mentioned in
this section shall be deemed guilty of perjury and punished
as provided by the laws of the state of Washington.
(2) The affidavit form shall be designed to require a
statement that no contagious sexually transmitted disease is
present or that the condition is known to both applicants,
without requiring the applicants to state whether or not either
or both of them are afflicted by such disease. [1995 c 301
§ 78; 1985 c 82 § 5; 1979 ex.s. c 128 § 2; 1973 1st ex.s. c
154 § 29; 1970 ex.s. c 17 § 5; 1963 c 230 § 4; 1959 c 149
§ 3; 1909 ex.s. c 16 § 3; 1909 c 174 § 3; Code 1881 §§
2391, 2392; 1867 p 104 § 1; 1866 p 83 §§ 13, 14; RRS §
8451.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Penalty for violation of marriage requirements: RCW 26.04.230.
26.04.220 Retention of license by person solemnizing—Auditor’s record. The person solemnizing the
marriage is authorized to retain in his possession the license,
but the county auditor who issues the same, before delivering
it, shall enter in his marriage record a memorandum of the
names of the parties, the consent of the parents or guardian,
if any, and the name of the affiant and the substance of the
affidavit upon which said license issued, and the date of such
license. [Code 1881 § 2393; 1866 p 84 § 15; RRS § 8453.]
26.04.230 Penalty for violation of marriage requirements. Any person knowingly violating any of the provisions of RCW 26.04.210 shall, upon conviction thereof, be
punished by a fine of not more than one thousand dollars, or
by imprisonment in a state correctional facility for a period
of not more than three years, or by both such fine and
imprisonment. [1992 c 7 § 30; 1909 ex.s. c 16 § 4; 1909 c
174 § 4; Code 1881 § 2394; 1866 p 84 § 16; RRS § 8452.]
26.04.240 Penalty for unlawful solemnization—Code
1881. Any person who shall undertake to join others in
marriage knowing that he is not lawfully authorized so to do,
or any person authorized to solemnize marriage, who shall
join persons in marriage contrary to the provisions of *this
chapter, shall, upon conviction thereof, be punished by a fine
of not more than five hundred, nor less than one hundred
dollars. [Code 1881 § 2395; 1866 p 84 § 17; RRS § 8454.
FORMER PART OF SECTION: 1909 c 249 § 419; RRS §
2671 now codified as RCW 26.04.250.]
*Reviser’s note: "This chapter" (chapter 182, Code 1881) is codified
as RCW 26.04.010, 26.04.050 through 26.04.140, and 26.04.220 through
(2002 Ed.)
Marriage
26.04.240. Code 1881 §§ 2391 and 2392, being part of chapter 182, Code
1881, appear to be superseded by 1909 ex.s. c 16 § 3 (RCW 26.04.210)
which is subject to the penalties of RCW 26.04.230.
26.09.184
26.09.187
26.09.191
26.09.194
26.04.250 Penalty for unlawful solemnization—1909
c 249. Every person who shall solemnize a marriage when
either party thereto is known to him to be under the age of
legal consent or a marriage to which, within his knowledge,
any legal impediment exists, shall be guilty of a gross
misdemeanor. [1979 ex.s. c 128 § 3; 1909 c 249 § 419;
RRS § 2671. Formerly RCW 26.04.240, part.]
26.09.197
26.09.210
Punishment of gross misdemeanor when not fixed by statute: RCW
9.92.020.
26.09.255
26.09.260
26.09.270
Chapter 26.09
DISSOLUTION OF MARRIAGE—
LEGAL SEPARATION
26.09.280
Sections
26.09.002
26.09.004
26.09.006
26.09.010
26.09.015
26.09.020
26.09.030
26.09.040
26.09.050
26.09.060
26.09.070
26.09.080
26.09.090
26.09.100
26.09.105
26.09.110
26.09.120
26.09.135
26.09.138
26.09.140
26.09.150
26.09.160
26.09.165
26.09.170
26.09.173
26.09.175
26.09.181
(2002 Ed.)
26.09.220
26.09.225
26.09.240
26.09.285
26.09.290
26.09.300
Policy.
Definitions.
Mandatory use of approved forms.
Civil practice to govern—Designation of proceedings—
Decrees.
Mediation—Confidentiality—Report to court.
Petition in proceeding for dissolution of marriage, legal
separation, or for a declaration concerning validity of
marriage—Contents—Parties—Certificate.
Petition for dissolution of marriage—Court proceedings,
findings—Transfer to family court—Legal separation in
lieu of dissolution.
Petition to have marriage declared invalid or judicial determination of validity—Procedure—Findings—Grounds—
Legitimacy of children.
Decrees—Contents—Restraining orders—Enforcement—
Notice of termination or modification of restraining
order.
Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic
violence or antiharassment protection order—Notice of
termination or modification of restraining order—
Support debts, notice.
Separation contracts.
Disposition of property and liabilities—Factors.
Maintenance orders for either spouse—Factors.
Child support—Apportionment of expense—Periodic adjustments or modifications.
Child support—Health insurance coverage—Conditions.
Minor or dependent child—Court appointed attorney to
represent—Payment of costs, fees, and disbursements.
Support or maintenance payments—To whom paid.
Order or decree for child support—Compliance with RCW
26.23.050.
Mandatory assignment of public retirement benefits—
Remedies exclusive.
Payment of costs, attorney’s fees, etc.
Decree of dissolution of marriage, legal separation, or declaration of invalidity—Finality—Appeal—Conversion of
decree of legal separation to decree of dissolution—
Name of party.
Failure to comply with decree or temporary injunction—
Obligation to make support or maintenance payments or
permit contact with children not suspended—Penalties.
Court orders—Required language.
Modification of decree for maintenance or support, property
disposition—Termination of maintenance obligation and
child support—Grounds.
Modification of child support order—Child support order
summary report.
Modification of order of child support.
Procedure for determining permanent parenting plan.
26.09.310
26.04.240
Permanent parenting plan.
Criteria for establishing permanent parenting plan.
Restrictions in temporary or permanent parenting plans.
Proposed temporary parenting plan—Temporary order—
Amendment—Vacation of order.
Issuance of temporary parenting plan—Criteria.
Parenting plans—Interview with child by court—Advice of
professional personnel.
Parenting arrangements—Investigation and report—
Appointment of guardian ad litem.
Access to child’s education and health care records.
Visitation rights—Person other than parent—Grandparents’
visitation rights.
Remedies when a child is taken, enticed, or concealed.
Modification of parenting plan or custody decree.
Child custody—Temporary custody order, temporary
parenting plan, or modification of custody decree—
Affidavits required.
Parenting plan or child support modification or enforcement—Venue.
Designation of custody for the purpose of other state and
federal statutes.
Final decree of divorce nunc pro tunc.
Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity.
Provision of health care to minor—Immunity of health care
provider.
NOTICE REQUIREMENTS AND STANDARDS
FOR PARENTAL RELOCATION
26.09.405
26.09.410
26.09.420
26.09.430
26.09.440
26.09.450
26.09.460
26.09.470
26.09.480
Applicability.
Definitions.
Grant of authority.
Notice requirement.
Notice—Contents and delivery.
Notice—Relocation within the same school district.
Limitation of notices.
Failure to give notice.
Objection to relocation or proposed revised residential
schedule.
26.09.490 Required provision in residential orders.
26.09.500 Failure to object.
26.09.510 Temporary orders.
26.09.520 Basis for determination.
26.09.530 Factor not to be considered.
26.09.540 Objections by nonparents.
26.09.550 Sanctions.
26.09.560 Priority for hearing.
26.09.900 Construction—Pending divorce actions.
26.09.901 Conversion of pending action to dissolution proceeding.
26.09.902 RCW 26.09.900 and 26.09.901 deemed in effect on July 16,
1973.
26.09.907 Construction—Pending actions as of January 1, 1988.
26.09.909 Decrees entered into prior to January 1, 1988.
26.09.910 Short title—1987 c 460.
26.09.911 Section captions—1987 c 460.
26.09.912 Effective date—1987 c 460.
26.09.913 Severability—1987 c 460.
26.09.914 Severability—1989 c 375.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Living in marital relationship within state submits person to state jurisdiction as to proceedings under this chapter: RCW 4.28.185.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
Process—Domestic relations actions: Rules of court: CR 4.1.
Uniform child custody jurisdiction act: Chapter 26.27 RCW.
26.09.002 Policy. Parents have the responsibility to
make decisions and perform other parental functions necessary for the care and growth of their minor children. In any
[Title 26 RCW—page 5]
26.09.002
Title 26 RCW: Domestic Relations
proceeding between parents under this chapter, the best
interests of the child shall be the standard by which the court
determines and allocates the parties’ parental responsibilities.
The state recognizes the fundamental importance of the
parent-child relationship to the welfare of the child, and that
the relationship between the child and each parent should be
fostered unless inconsistent with the child’s best interests.
The best interests of the child are served by a parenting
arrangement that best maintains a child’s emotional growth,
health and stability, and physical care. Further, the best
interest of the child is ordinarily served when the existing
pattern of interaction between a parent and child is altered
only to the extent necessitated by the changed relationship of
the parents or as required to protect the child from physical,
mental, or emotional harm. [1987 c 460 § 2.]
26.09.004 Definitions. The definitions in this section
apply throughout this chapter.
(1) "Temporary parenting plan" means a plan for
parenting of the child pending final resolution of any action
for dissolution of marriage, declaration of invalidity, or legal
separation which is incorporated in a temporary order.
(2) "Permanent parenting plan" means a plan for
parenting the child, including allocation of parenting functions, which plan is incorporated in any final decree or
decree of modification in an action for dissolution of
marriage, declaration of invalidity, or legal separation.
(3) "Parenting functions" means those aspects of the
parent-child relationship in which the parent makes decisions
and performs functions necessary for the care and growth of
the child. Parenting functions include:
(a) Maintaining a loving, stable, consistent, and nurturing relationship with the child;
(b) Attending to the daily needs of the child, such as
feeding, clothing, physical care and grooming, supervision,
health care, and day care, and engaging in other activities
which are appropriate to the developmental level of the child
and that are within the social and economic circumstances of
the particular family;
(c) Attending to adequate education for the child,
including remedial or other education essential to the best
interests of the child;
(d) Assisting the child in developing and maintaining
appropriate interpersonal relationships;
(e) Exercising appropriate judgment regarding the
child’s welfare, consistent with the child’s developmental
level and the family’s social and economic circumstances;
and
(f) Providing for the financial support of the child.
[1987 c 460 § 3.]
26.09.006 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under
this chapter unless on forms approved by the administrator
for the courts.
(2) The parties shall comply with requirements for
submission to the court of forms as provided in RCW
26.18.220. [1992 c 229 § 1; 1990 1st ex.s. c 2 § 26.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
[Title 26 RCW—page 6]
26.09.010 Civil practice to govern—Designation of
proceedings—Decrees. (1) Except as otherwise specifically
provided herein, the practice in civil action shall govern all
proceedings under this chapter, except that trial by jury is
dispensed with.
(2) A proceeding for dissolution of marriage, legal
separation or a declaration concerning the validity of a
marriage shall be entitled "In re the marriage of . . . . . . and
. . . . . ." Such proceeding may be filed in the superior court
of the county where the petitioner resides.
(3) In cases where there has been no prior proceeding
in this state involving the marital status of the parties or
support obligations for a minor child, a separate parenting
and support proceeding between the parents shall be entitled
"In re the parenting and support of . . . . . ."
(4) The initial pleading in all proceedings under this
chapter shall be denominated a petition. A responsive
pleading shall be denominated a response. Other pleadings,
and all pleadings in other matters under this chapter shall be
denominated as provided in the civil rules for superior court.
(5) In this chapter, "decree" includes "judgment".
(6) A decree of dissolution, of legal separation, or a
declaration concerning the validity of a marriage shall not be
awarded to one of the parties, but shall provide that it affects
the status previously existing between the parties in the
manner decreed. [1989 c 375 § 1; 1987 c 460 § 1; 1975 c
32 § 1; 1973 1st ex.s. c 157 § 1.]
26.09.015 Mediation—Confidentiality—Report to
court. (1) In any proceeding under this chapter, the matter
may be set for mediation of the contested issues before or
concurrent with the setting of the matter for hearing. The
purpose of the mediation proceeding shall be to reduce
acrimony which may exist between the parties and to
develop an agreement assuring the child’s close and continuing contact with both parents after the marriage is dissolved.
The mediator shall use his or her best efforts to effect a
settlement of the dispute.
(2) Each superior court may make available a mediator.
The mediator may be a member of the professional staff of
a family court or mental health services agency, or may be
any other person or agency designated by the court. In order
to provide mediation services, the court is not required to
institute a family court.
(3) Mediation proceedings shall be held in private and
shall be confidential. The mediator shall not testify as to
any aspect of the mediation proceedings. This subsection
shall not apply to postdecree mediation required pursuant to
a parenting plan.
(4) The mediator shall assess the needs and interests of
the child or children involved in the controversy and may
interview the child or children if the mediator deems such
interview appropriate or necessary.
(5) Any agreement reached by the parties as a result of
mediation shall be reported to the court and to counsel for
the parties by the mediator on the day set for mediation or
any time thereafter designated by the court. [1991 c 367 §
2; 1989 c 375 § 2; 1986 c 95 § 4.]
Severability—1991 c 367: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
Dissolution of Marriage—Legal Separation
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 367 § 54.]
Effective date—1991 c 367: "This act shall take effect September 1,
1991." [1991 c 367 § 55.]
Captions not law—1991 c 367: "Captions as used in this act do not
constitute any part of the law." [1991 c 367 § 57.]
Mediation testimony competency: RCW 5.60.070 and 5.60.072.
26.09.020 Petition in proceeding for dissolution of
marriage, legal separation, or for a declaration concerning validity of marriage—Contents—Parties—Certificate.
(1) A petition in a proceeding for dissolution of marriage,
legal separation, or for a declaration concerning the validity
of a marriage shall allege:
(a) The last known state of residence of each party, and
if a party’s last known state of residence is Washington, the
last known county of residence;
(b) The date and place of the marriage;
(c) If the parties are separated the date on which the
separation occurred;
(d) The names and ages of any child dependent upon
either or both spouses and whether the wife is pregnant;
(e) Any arrangements as to the residential schedule of,
decision making for, dispute resolution for, and support of
the children and the maintenance of a spouse;
(f) A statement specifying whether there is community
or separate property owned by the parties to be disposed of;
(g) The relief sought.
(2) Either or both parties to the marriage may initiate
the proceeding.
(3) The petitioner shall complete and file with the
petition a certificate under RCW 43.70.150 on the form
provided by the department of health and the confidential
information form under RCW 26.23.050. [2001 c 42 § 1;
1997 c 58 § 945. Prior: 1989 1st ex.s. c 9 § 204; 1989 c
375 § 3; 1983 1st ex.s. c 45 § 2; 1973 2nd ex.s. c 23 § 1;
1973 1st ex.s. c 157 § 2.]
Effective date—2001 c 42: "This act takes effect October 1, 2001."
[2001 c 42 § 7.]
Severability—2001 c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 42 § 8.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
26.09.030 Petition for dissolution of marriage—
Court proceedings, findings—Transfer to family court—
Legal separation in lieu of dissolution. When a party who
(1) is a resident of this state, or (2) is a member of the
armed forces and is stationed in this state, or (3) is married
to a party who is a resident of this state or who is a member
of the armed forces and is stationed in this state, petitions
for a dissolution of marriage, and alleges that the marriage
is irretrievably broken and when ninety days have elapsed
since the petition was filed and from the date when service
of summons was made upon the respondent or the first
publication of summons was made, the court shall proceed
as follows:
(2002 Ed.)
26.09.015
(1) If the other party joins in the petition or does not
deny that the marriage is irretrievably broken, the court shall
enter a decree of dissolution.
(2) If the other party alleges that the petitioner was
induced to file the petition by fraud, or coercion, the court
shall make a finding as to that allegation and, if it so finds
shall dismiss the petition.
(3) If the other party denies that the marriage is irretrievably broken the court shall consider all relevant factors,
including the circumstances that gave rise to the filing of the
petition and the prospects for reconciliation and shall:
(a) Make a finding that the marriage is irretrievably
broken and enter a decree of dissolution of the marriage; or
(b) At the request of either party or on its own motion,
transfer the cause to the family court, refer them to another
counseling service of their choice, and request a report back
from the counseling service within sixty days, or continue
the matter for not more than sixty days for hearing. If the
cause is returned from the family court or at the adjourned
hearing, the court shall:
(i) Find that the parties have agreed to reconciliation
and dismiss the petition; or
(ii) Find that the parties have not been reconciled, and
that either party continues to allege that the marriage is
irretrievably broken. When such facts are found, the court
shall enter a decree of dissolution of the marriage.
(4) If the petitioner requests the court to decree legal
separation in lieu of dissolution, the court shall enter the
decree in that form unless the other party objects and
petitions for a decree of dissolution or declaration of
invalidity. [1996 c 23 § 1; 1973 1st ex.s. c 157 § 3.]
26.09.040 Petition to have marriage declared invalid
or judicial determination of validity—Procedure—
Findings—Grounds—Legitimacy of children. (1) While
both parties to an alleged marriage are living, and at least
one party is resident in this state or a member of the armed
service and stationed in the state, a petition to have the
marriage declared invalid may be sought by:
(a) Either or both parties, or the guardian of an incompetent spouse, for any cause specified in subsection (4) of
this section; or
(b) Either or both parties, the legal spouse, or a child of
either party when it is alleged that the marriage is bigamous.
(2) If the validity of a marriage is denied or questioned
at any time, either or both parties to the marriage may
petition the court for a judicial determination of the validity
of such marriage.
(3) In a proceeding to declare the invalidity of a
marriage, the court shall proceed in the manner and shall
have the jurisdiction, including the authority to provide for
maintenance, a parenting plan for minor children, and
division of the property of the parties, provided by this
chapter.
(4) After hearing the evidence concerning the validity of
a marriage, if both parties to the alleged marriage are still
living, the court:
(a) If it finds the marriage to be valid, shall enter a
decree of validity;
(b) If it finds that:
[Title 26 RCW—page 7]
26.09.040
Title 26 RCW: Domestic Relations
(i) The marriage should not have been contracted
because of age of one or both of the parties, lack of required
parental or court approval, a prior undissolved marriage of
one or both of the parties, reasons of consanguinity, or
because a party lacked capacity to consent to the marriage,
either because of mental incapacity or because of the
influence of alcohol or other incapacitating substances, or
because a party was induced to enter into the marriage by
force or duress, or by fraud involving the essentials of
marriage, and that the parties have not ratified their marriage
by voluntarily cohabiting after attaining the age of consent,
or after attaining capacity to consent, or after cessation of
the force or duress or discovery of the fraud, shall declare
the marriage invalid as of the date it was purportedly
contracted;
(ii) The marriage should not have been contracted
because of any reason other than those above, shall upon
motion of a party, order any action which may be appropriate to complete or to correct the record and enter a decree
declaring such marriage to be valid for all purposes from the
date upon which it was purportedly contracted;
(c) If it finds that a marriage contracted in a jurisdiction
other than this state, was void or voidable under the law of
the place where the marriage was contracted, and in the
absence of proof that such marriage was subsequently
validated by the laws of the place of contract or of a
subsequent domicile of the parties, shall declare the marriage
invalid as of the date of the marriage.
(5) Any child of the parties born or conceived during
the existence of a marriage of record is legitimate and
remains legitimate notwithstanding the entry of a declaration
of invalidity of the marriage. [1987 c 460 § 4; 1975 c 32 §
2; 1973 1st ex.s. c 157 § 4.]
26.09.050 Decrees—Contents—Restraining orders—
Enforcement—Notice of termination or modification of
restraining order. (1) In entering a decree of dissolution of
marriage, legal separation, or declaration of invalidity, the
court shall determine the marital status of the parties, make
provision for a parenting plan for any minor child of the
marriage, make provision for the support of any child of the
marriage entitled to support, consider or approve provision
for the maintenance of either spouse, make provision for the
disposition of property and liabilities of the parties, make
provision for the allocation of the children as federal tax
exemptions, make provision for any necessary continuing
restraining orders including the provisions contained in RCW
9.41.800, make provision for the issuance within this action
of the restraint provisions of a domestic violence protection
order under chapter 26.50 RCW or an antiharassment
protection order under chapter 10.14 RCW, and make
provision for the change of name of any party.
(2) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within,
a specified distance of a location, shall prominently bear on
the front page of the order the legend: VIOLATION OF
THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS
[Title 26 RCW—page 8]
IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50
RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(3) The court shall order that any restraining order
bearing a criminal offense legend, any domestic violence
protection order, or any antiharassment protection order
granted under this section, in addition to the law enforcement
information sheet or proof of service of the order, be
forwarded by the clerk of the court on or before the next
judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law
enforcement agency shall enter the order into any computerbased criminal intelligence information system available in
this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any
county in the state.
(4) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2000 c 119 § 6; 1995 c 93 § 2; 1994 sp.s.
c 7 § 451; 1989 c 375 § 29; 1987 c 460 § 5; 1973 1st ex.s.
c 157 § 5.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
26.09.060 Temporary maintenance or child support—Temporary restraining order—Preliminary injunction—Domestic violence or antiharassment protection
order—Notice of termination or modification of restraining order—Support debts, notice. (1) In a proceeding for:
(a) Dissolution of marriage, legal separation, or a
declaration of invalidity; or
(b) Disposition of property or liabilities, maintenance, or
support following dissolution of the marriage by a court
which lacked personal jurisdiction over the absent spouse;
either party may move for temporary maintenance or for
temporary support of children entitled to support. The
motion shall be accompanied by an affidavit setting forth the
factual basis for the motion and the amounts requested.
(2) As a part of a motion for temporary maintenance or
support or by independent motion accompanied by affidavit,
either party may request the court to issue a temporary
restraining order or preliminary injunction, providing relief
proper in the circumstances, and restraining or enjoining any
person from:
(a) Transferring, removing, encumbering, concealing, or
in any way disposing of any property except in the usual
course of business or for the necessities of life, and, if so
restrained or enjoined, requiring him or her to notify the
moving party of any proposed extraordinary expenditures
made after the order is issued;
(b) Molesting or disturbing the peace of the other party
or of any child;
(c) Going onto the grounds of or entering the home,
workplace, or school of the other party or the day care or
school of any child upon a showing of the necessity therefor;
(2002 Ed.)
Dissolution of Marriage—Legal Separation
(d) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(e) Removing a child from the jurisdiction of the court.
(3) Either party may request a domestic violence
protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on
a temporary basis. The court may grant any of the relief
provided in RCW 26.50.060 except relief pertaining to
residential provisions for the children which provisions shall
be provided for under this chapter, and any of the relief
provided in RCW 10.14.080. Ex parte orders issued under
this subsection shall be effective for a fixed period not to
exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary
motions in the case can be heard at the same time.
(4) In issuing the order, the court shall consider the
provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that
irreparable injury could result if an order is not issued until
the time for responding has elapsed.
(6) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary maintenance or support in such amounts and on such terms as are
just and proper in the circumstances. The court may in its
discretion waive the filing of the bond or the posting of
security.
(7) Restraining orders issued under this section restraining the person from molesting or disturbing another party, or
from going onto the grounds of or entering the home,
workplace, or school of the other party or the day care or
school of any child, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified
distance of a location, shall prominently bear on the front
page of the order the legend: VIOLATION OF THIS
ORDER WITH ACTUAL NOTICE OF ITS TERMS IS A
CRIMINAL OFFENSE UNDER CHAPTER 26.50 RCW
AND WILL SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic
violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the
order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the
computer-based criminal intelligence information system
constitutes notice to all law enforcement agencies of the
existence of the order. The order is fully enforceable in any
county in the state.
(9) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(2002 Ed.)
26.09.060
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the
proceeding;
(b) May be revoked or modified;
(c) Terminates when the final decree is entered, except
as provided under subsection (11) of this section, or when
the petition for dissolution, legal separation, or declaration of
invalidity is dismissed;
(d) May be entered in a proceeding for the modification
of an existing decree.
(11) Delinquent support payments accrued under an
order for temporary support remain collectible and are not
extinguished when a final decree is entered unless the decree
contains specific language to the contrary. A support debt
under a temporary order owed to the state for public assistance expenditures shall not be extinguished by the final
decree if:
(a) The obligor was given notice of the state’s interest
under chapter 74.20A RCW; or
(b) The temporary order directs the obligor to make
support payments to the office of support enforcement or the
Washington state support registry. [2000 c 119 § 7; 1995 c
246 § 26; 1994 sp.s. c 7 § 452; 1992 c 229 § 9; 1989 c 360
§ 37; 1984 c 263 § 26; 1983 1st ex.s. c 41 § 1; 1983 c 232
§ 10; 1975 c 32 § 3; 1973 1st ex.s. c 157 § 6.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
Severability—1983 1st ex.s. c 41: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 41 § 46.]
Severability—1983 c 232: See note following RCW 9.41.010.
Arrest without warrant in domestic violence cases: RCW 10.31.100(2).
Child abuse, temporary restraining order: RCW 26.44.063.
Ex parte temporary order for protection: RCW 26.50.070.
Orders for protection in cases of domestic violence: RCW 26.50.030.
Orders prohibiting contact: RCW 10.99.040.
26.09.070 Separation contracts. (1) The parties to a
marriage, in order to promote the amicable settlement of
disputes attendant upon their separation or upon the filing of
a petition for dissolution of their marriage, a decree of legal
separation, or declaration of invalidity of their marriage, may
enter into a written separation contract providing for the
maintenance of either of them, the disposition of any
property owned by both or either of them, the parenting plan
and support for their children and for the release of each
other from all obligation except that expressed in the contract.
(2) If the parties to such contract elect to live separate
and apart without any court decree, they may record such
contract and cause notice thereof to be published in a legal
newspaper of the county wherein the parties resided prior to
their separation. Recording such contract and publishing
notice of the making thereof shall constitute notice to all
[Title 26 RCW—page 9]
26.09.070
Title 26 RCW: Domestic Relations
persons of such separation and of the facts contained in the
recorded document.
(3) If either or both of the parties to a separation
contract shall at the time of the execution thereof, or at a
subsequent time, petition the court for dissolution of their
marriage, for a decree of legal separation, or for a declaration of invalidity of their marriage, the contract, except for
those terms providing for a parenting plan for their children,
shall be binding upon the court unless it finds, after considering the economic circumstances of the parties and any
other relevant evidence produced by the parties on their own
motion or on request of the court, that the separation
contract was unfair at the time of its execution. Child
support may be included in the separation contract and shall
be reviewed in the subsequent proceeding for compliance
with RCW 26.19.020.
(4) If the court in an action for dissolution of marriage,
legal separation, or declaration of invalidity finds that the
separation contract was unfair at the time of its execution, it
may make orders for the maintenance of either party, the
disposition of their property and the discharge of their
obligations.
(5) Unless the separation contract provides to the
contrary, the agreement shall be set forth in the decree of
dissolution, legal separation, or declaration of invalidity, or
filed in the action or made an exhibit and incorporated by
reference, except that in all cases the terms of the parenting
plan shall be set out in the decree, and the parties shall be
ordered to comply with its terms.
(6) Terms of the contract set forth or incorporated by
reference in the decree may be enforced by all remedies
available for the enforcement of a judgment, including
contempt, and are enforceable as contract terms.
(7) When the separation contract so provides, the decree
may expressly preclude or limit modification of any provision for maintenance set forth in the decree. Terms of a
separation contract pertaining to a parenting plan for the
children and, in the absence of express provision to the
contrary, terms providing for maintenance set forth or
incorporated by reference in the decree are automatically
modified by modification of the decree.
(8) If at any time the parties to the separation contract
by mutual agreement elect to terminate the separation
contract they may do so without formality unless the contract
was recorded as in subsection (2) of this section, in which
case a statement should be filed terminating the contract.
[1989 c 375 § 4; 1987 c 460 § 6; 1973 1st ex.s. c 157 § 7.]
26.09.080 Disposition of property and liabilities—
Factors. In a proceeding for dissolution of the marriage,
legal separation, declaration of invalidity, or in a proceeding
for disposition of property following dissolution of the
marriage by a court which lacked personal jurisdiction over
the absent spouse or lacked jurisdiction to dispose of the
property, the court shall, without regard to marital misconduct, make such disposition of the property and the liabilities
of the parties, either community or separate, as shall appear
just and equitable after considering all relevant factors
including, but not limited to:
(1) The nature and extent of the community property;
(2) The nature and extent of the separate property;
[Title 26 RCW—page 10]
(3) The duration of the marriage; and
(4) The economic circumstances of each spouse at the
time the division of property is to become effective, including the desirability of awarding the family home or the right
to live therein for reasonable periods to a spouse with whom
the children reside the majority of the time. [1989 c 375 §
5; 1973 1st ex.s. c 157 § 8.]
26.09.090 Maintenance orders for either spouse—
Factors. (1) In a proceeding for dissolution of marriage,
legal separation, declaration of invalidity, or in a proceeding
for maintenance following dissolution of the marriage by a
court which lacked personal jurisdiction over the absent
spouse, the court may grant a maintenance order for either
spouse. The maintenance order shall be in such amounts
and for such periods of time as the court deems just, without
regard to marital misconduct, after considering all relevant
factors including but not limited to:
(a) The financial resources of the party seeking maintenance, including separate or community property apportioned
to him, and his ability to meet his needs independently,
including the extent to which a provision for support of a
child living with the party includes a sum for that party;
(b) The time necessary to acquire sufficient education or
training to enable the party seeking maintenance to find
employment appropriate to his skill, interests, style of life,
and other attendant circumstances;
(c) The standard of living established during the
marriage;
(d) The duration of the marriage;
(e) The age, physical and emotional condition, and
financial obligations of the spouse seeking maintenance; and
(f) The ability of the spouse from whom maintenance is
sought to meet his needs and financial obligations while
meeting those of the spouse seeking maintenance. [1989 c
375 § 6; 1973 1st ex.s. c 157 § 9.]
26.09.100 Child support—Apportionment of
expense—Periodic adjustments or modifications. (1) In
a proceeding for dissolution of marriage, legal separation,
declaration of invalidity, maintenance, or child support, after
considering all relevant factors but without regard to marital
misconduct, the court shall order either or both parents
owing a duty of support to any child of the marriage
dependent upon either or both spouses to pay an amount
determined under chapter 26.19 RCW.
(2) The court may require automatic periodic adjustments or modifications of child support. That portion of any
decree that requires periodic adjustments or modifications of
child support shall use the provisions in chapter 26.19 RCW
as the basis for the adjustment or modification. Provisions
in the decree for periodic adjustment or modification shall
not conflict with RCW 26.09.170 except that the decree may
require periodic adjustments or modifications of support
more frequently than the time periods established pursuant
to RCW 26.09.170.
(3) Upon motion of a party and without a substantial
change of circumstances, the court shall modify the decree
to comply with subsection (2) of this section as to installments accruing subsequent to entry of the court’s order on
the motion for modification.
(2002 Ed.)
Dissolution of Marriage—Legal Separation
(4) The adjustment or modification provision may be
modified by the court due to economic hardship consistent
with the provisions of *RCW 26.09.170(4)(a). [1991 sp.s.
c 28 § 1; 1990 1st ex.s. c 2 § 1; 1989 c 375 § 7; 1988 c 275
§ 9; 1987 c 430 § 3; 1973 1st ex.s. c 157 § 10.]
*Reviser’s note: RCW 26.09.170 was amended by 2002 c 199 § 1,
changing subsection (4) to subsection (5).
Severability—1991 sp.s. c 28: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 sp.s. c 28 § 9.]
Effective date—1991 sp.s. c 28: "Sections 1 through 9 of this act are
necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect September 1, 1991." [1991 sp.s. c 28 § 10.]
Captions not law—1991 sp.s. c 28: "Captions as used in this act do
not constitute any part of the law." [1991 sp.s. c 28 § 11.]
Effective dates—1990 1st ex.s. c 2: "(1) Sections 5 and 22 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [March 26, 1990].
(2) The remainder of this act shall take effect July 1, 1990." [1990 1st
ex.s. c 2 § 30.]
Severability—1990 1st ex.s. c 2: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 2 § 31.]
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1987 c 430: See note following RCW 26.09.170.
26.09.105 Child support—Health insurance coverage—Conditions. (1) In entering or modifying a support
order under this chapter, the court shall require either or both
parents to maintain or provide health insurance coverage
except as provided in subsection (2) of this section, for any
child named in the order if:
(a) Coverage that can be extended to cover the child is
or becomes available to that parent through employment or
is union-related; and
(b) The cost of such coverage does not exceed twentyfive percent of the obligated parent’s basic child support
obligation.
(2) The court shall consider the best interests of the
child and have discretion to order health insurance coverage
when entering or modifying a support order under this
chapter if the cost of such coverage exceeds twenty-five percent of the obligated parent’s basic support obligation.
(3) The parents shall maintain such coverage required
under this section until:
(a) Further order of the court;
(b) The child is emancipated, if there is no express
language to the contrary in the order; or
(c) Health insurance is no longer available through the
parents’ employer or union and no conversion privileges
exist to continue coverage following termination of employment.
(4) A parent who is required to extend health insurance
coverage to a child under this section is liable for any
covered health care costs for which the parent receives direct
payment from an insurer.
(5) This section shall not be construed to limit the
authority of the court to enter or modify support orders
containing provisions for payment of uninsured health
(2002 Ed.)
26.09.100
expenses, health care costs, or insurance premiums which are
in addition to and not inconsistent with this section.
(6) A parent ordered to provide health insurance
coverage shall provide proof of such coverage or proof that
such coverage is unavailable within twenty days of the entry
of the order to:
(a) The physical custodian; or
(b) The department of social and health services if the
parent has been notified or ordered to make support payments to the Washington state support registry.
(7) Every order requiring a parent to provide health care
or insurance coverage shall be entered in compliance with
*RCW 26.23.050 and be subject to direct enforcement as
provided under chapter 26.18 RCW.
(8) "Health insurance coverage" as used in this section
does not include medical assistance provided under chapter
74.09 RCW. [1994 c 230 § 1; 1989 c 416 § 1; 1985 c 108
§ 1; 1984 c 201 § 1.]
*Reviser’s note: The reference to RCW 26.23.050 appears to refer
to the amendments made by 1989 c 416 § 8, which was vetoed by the
governor.
26.09.110 Minor or dependent child—Court
appointed attorney to represent—Payment of costs, fees,
and disbursements. The court may appoint an attorney to
represent the interests of a minor or dependent child with
respect to provision for the parenting plan in an action for
dissolution of marriage, legal separation, or declaration
concerning the validity of a marriage. The court shall enter
an order for costs, fees, and disbursements in favor of the
child’s attorney. The order shall be made against either or
both parents, except that, if both parties are indigent, the
costs, fees, and disbursements shall be borne by the county.
[1987 c 460 § 11; 1973 1st ex.s. c 157 § 11.]
Process—Domestic relations actions: Rules of court: CR 4.1.
26.09.120 Support or maintenance payments—To
whom paid. (1) The court shall order support payments,
including spousal maintenance if child support is ordered, to
be made to the Washington state support registry, or the
person entitled to receive the payments under an order
approved by the court as provided in RCW 26.23.050.
(2) Maintenance payments, when ordered in an action
where there is no dependent child, may be ordered to be
paid to the person entitled to receive the payments, or the
clerk of the court as trustee for remittance to the persons
entitled to receive the payments.
(3) If support or maintenance payments are made to the
clerk of court, the clerk:
(a) Shall maintain records listing the amount of payments, the date when payments are required to be made, and
the names and addresses of the parties affected by the order;
(b) May by local court rule accept only certified funds
or cash as payment; and
(c) Shall accept only certified funds or cash for five
years in all cases after one check has been returned for
nonsufficient funds or account closure.
(4) The parties affected by the order shall inform the
registry through which the payments are ordered to be paid
of any change of address or of other conditions that may
affect the administration of the order. [1994 c 230 § 2; 1989
[Title 26 RCW—page 11]
26.09.120
Title 26 RCW: Domestic Relations
c 360 § 11. Prior: 1987 c 435 § 15; 1987 c 363 § 5; 1983
1st ex.s. c 45 § 3; 1973 1st ex.s. c 157 § 12.]
Effective date—1987 c 435: See RCW 26.23.900.
26.09.135 Order or decree for child support—
Compliance with RCW 26.23.050. Every court order or
decree establishing a child support obligation shall be
entered in compliance with the provisions of RCW
26.23.050. [1987 c 435 § 16; 1986 c 138 § 1; 1984 c 260
§ 21.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.09.138 Mandatory assignment of public retirement benefits—Remedies exclusive. (1) Any obligee of a
court order or decree establishing a spousal maintenance
obligation may seek a mandatory benefits assignment order
under chapter 41.50 RCW if any spousal maintenance
payment is more than fifteen days past due and the total of
such past due payments is equal to or greater than one
hundred dollars, or if the obligor requests a withdrawal of
accumulated contributions from the department of retirement
systems.
(2) Any court order or decree establishing a spousal
maintenance obligation may state that, if any spousal
maintenance payment is more than fifteen days past due and
the total of such past due payments is equal to or greater
than one hundred dollars, or if the obligor requests a
withdrawal of accumulated contributions from the department of retirement systems, the obligee may seek a mandatory benefits assignment order under chapter 41.50 RCW
without prior notice to the obligor. Any such court order or
decree may also, or in the alternative, contain a provision
that would allow the department to make a direct payment
of all or part of a withdrawal of accumulated contributions
pursuant to RCW 41.50.550(3). Failure to include this
provision does not affect the validity of the court order or
decree establishing the spousal maintenance, nor does such
failure affect the general applicability of RCW 41.50.500
through 41.50.650 to such obligations.
(3) The remedies in RCW 41.50.530 through 41.50.630
are the exclusive provisions of law enforceable against the
department of retirement systems in connection with any
action for enforcement of a spousal maintenance obligation
ordered pursuant to a divorce, dissolution, or legal separation, and no other remedy ordered by a court under this
chapter shall be enforceable against the department of
retirement systems for collection of spousal maintenance.
(4)(a) Nothing in this section regarding mandatory
assignment of benefits to enforce a spousal maintenance
obligation shall abridge the right of an ex spouse to receive
direct payment of retirement benefits payable pursuant to:
(i) A court decree of dissolution or legal separation; or (ii)
any court order or court-approved property settlement
agreement; or (iii) incident to any court decree of dissolution
or legal separation, if such dissolution orders fully comply
with RCW 41.50.670 and 41.50.700, or as applicable, RCW
2.10.180, 2.12.090, *41.04.310, 41.04.320, 41.04.330,
**41.26.180, 41.32.052, 41.40.052, or 43.43.310 as those
statutes existed before July 1, 1987, and as those statutes
exist on and after July 28, 1991.
[Title 26 RCW—page 12]
(b) Persons whose dissolution orders as defined in RCW
41.50.500(3) were entered between July 1, 1987, and July
28, 1991, shall be entitled to receive direct payments of
retirement benefits to satisfy court-ordered property divisions
if the dissolution orders filed with the department comply or
are amended to comply with RCW 41.50.670 through
41.50.720 and, as applicable, RCW 2.10.180, 2.12.090,
**41.26.180, 41.32.052, 41.40.052, or 43.43.310. [1991 c
365 § 24; 1987 c 326 § 26.]
Reviser’s note: *(1) RCW 41.04.310, 41.04.320, and 41.04.330 were
repealed by 1987 c 326 § 21, effective July 1, 1987.
**(2) RCW 41.26.180 was recodified as RCW 41.26.053 pursuant to
1994 c 298 § 5.
Severability—1991 c 365: See note following RCW 41.50.500.
Effective date—1987 c 326: See RCW 41.50.901.
26.09.140 Payment of costs, attorney’s fees, etc.
The court from time to time after considering the financial
resources of both parties may order a party to pay a reasonable amount for the cost to the other party of maintaining or
defending any proceeding under this chapter and for reasonable attorney’s fees or other professional fees in connection
therewith, including sums for legal services rendered and
costs incurred prior to the commencement of the proceeding
or enforcement or modification proceedings after entry of
judgment.
Upon any appeal, the appellate court may, in its
discretion, order a party to pay for the cost to the other party
of maintaining the appeal and attorney’s fees in addition to
statutory costs.
The court may order that the attorney’s fees be paid
directly to the attorney who may enforce the order in his
name. [1973 1st ex.s. c 157 § 14.]
26.09.150 Decree of dissolution of marriage, legal
separation, or declaration of invalidity—Finality—
Appeal—Conversion of decree of legal separation to
decree of dissolution—Name of party. A decree of
dissolution of marriage, legal separation, or declaration of
invalidity is final when entered, subject to the right of
appeal. An appeal which does not challenge the finding that
the marriage is irretrievably broken or was invalid, does not
delay the finality of the dissolution or declaration of invalidity and either party may remarry pending such an
appeal.
No earlier than six months after entry of a decree of
legal separation, on motion of either party, the court shall
convert the decree of legal separation to a decree of dissolution of marriage. The clerk of court shall complete the
certificate as provided for in *RCW 70.58.200 on the form
provided by the department of health. On or before the
tenth day of each month, the clerk of the court shall forward
to the state registrar of vital statistics the certificate of each
decree of divorce, dissolution of marriage, annulment, or
separate maintenance granted during the preceding month.
Upon request of a party whose marriage is dissolved or
declared invalid, the court shall order a former name restored
or the court may, in its discretion, order a change to another
name. [1989 1st ex.s. c 9 § 205; 1989 c 375 § 30; 1973 1st
ex.s. c 157 § 15.]
Reviser’s note: (1) This section was amended by 1989 c 375 § 30
and by 1989 1st ex.s. c 9 § 205, each without reference to the other. Both
(2002 Ed.)
Dissolution of Marriage—Legal Separation
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
*(2) RCW 70.58.200 was repealed by 1991 c 96 § 6.
Effective date—Severability—1989 1st ex.s. c 9: See RCW
43.70.910 and 43.70.920.
Effect of entry of a decree of dissolution of marriage or a declaration of
invalidity on nonprobate assets: RCW 11.07.010.
26.09.160 Failure to comply with decree or temporary injunction—Obligation to make support or maintenance payments or permit contact with children not
suspended—Penalties. (1) The performance of parental
functions and the duty to provide child support are distinct
responsibilities in the care of a child. If a party fails to
comply with a provision of a decree or temporary order of
injunction, the obligation of the other party to make payments for support or maintenance or to permit contact with
children is not suspended. An attempt by a parent, in either
the negotiation or the performance of a parenting plan, to
condition one aspect of the parenting plan upon another, to
condition payment of child support upon an aspect of the
parenting plan, to refuse to pay ordered child support, to
refuse to perform the duties provided in the parenting plan,
or to hinder the performance by the other parent of duties
provided in the parenting plan, shall be deemed bad faith and
shall be punished by the court by holding the party in
contempt of court and by awarding to the aggrieved party
reasonable attorneys’ fees and costs incidental in bringing a
motion for contempt of court.
(2)(a) A motion may be filed to initiate a contempt
action to coerce a parent to comply with an order establishing residential provisions for a child. If the court finds there
is reasonable cause to believe the parent has not complied
with the order, the court may issue an order to show cause
why the relief requested should not be granted.
(b) If, based on all the facts and circumstances, the
court finds after hearing that the parent, in bad faith, has not
complied with the order establishing residential provisions
for the child, the court shall find the parent in contempt of
court. Upon a finding of contempt, the court shall order:
(i) The noncomplying parent to provide the moving
party additional time with the child. The additional time
shall be equal to the time missed with the child, due to the
parent’s noncompliance;
(ii) The parent to pay, to the moving party, all court
costs and reasonable attorneys’ fees incurred as a result of
the noncompliance, and any reasonable expenses incurred in
locating or returning a child; and
(iii) The parent to pay, to the moving party, a civil
penalty, not less than the sum of one hundred dollars.
The court may also order the parent to be imprisoned in
the county jail, if the parent is presently able to comply with
the provisions of the court-ordered parenting plan and is
presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order, but in
no event for more than one hundred eighty days.
(3) On a second failure within three years to comply
with a residential provision of a court-ordered parenting plan,
a motion may be filed to initiate contempt of court proceedings according to the procedure set forth in subsection (2)(a)
and (b) of this section. On a finding of contempt under this
subsection, the court shall order:
(2002 Ed.)
26.09.150
(a) The noncomplying parent to provide the other parent
or party additional time with the child. The additional time
shall be twice the amount of the time missed with the child,
due to the parent’s noncompliance;
(b) The noncomplying parent to pay, to the other parent
or party, all court costs and reasonable attorneys’ fees
incurred as a result of the noncompliance, and any reasonable expenses incurred in locating or returning a child; and
(c) The noncomplying parent to pay, to the moving
party, a civil penalty of not less than two hundred fifty
dollars.
The court may also order the parent to be imprisoned in
the county jail, if the parent is presently able to comply with
the provisions of the court-ordered parenting plan and is
presently unwilling to comply. The parent may be imprisoned until he or she agrees to comply with the order but in
no event for more than one hundred eighty days.
(4) For purposes of subsections (1), (2), and (3) of this
section, the parent shall be deemed to have the present
ability to comply with the order establishing residential
provisions unless he or she establishes otherwise by a
preponderance of the evidence. The parent shall establish a
reasonable excuse for failure to comply with the residential
provision of a court-ordered parenting plan by a preponderance of the evidence.
(5) Any monetary award ordered under subsections (1),
(2), and (3) of this section may be enforced, by the party to
whom it is awarded, in the same manner as a civil judgment.
(6) Subsections (1), (2), and (3) of this section authorize
the exercise of the court’s power to impose remedial
sanctions for contempt of court and is in addition to any
other contempt power the court may possess.
(7) Upon motion for contempt of court under subsections (1) through (3) of this section, if the court finds the
motion was brought without reasonable basis, the court shall
order the moving party to pay to the nonmoving party, all
costs, reasonable attorneys’ fees, and a civil penalty of not
less than one hundred dollars. [1991 c 367 § 4; 1989 c 318
§ 1; 1987 c 460 § 12; 1973 1st ex.s. c 157 § 16.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1989 c 318: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 318 § 6.]
26.09.165 Court orders—Required language. All
court orders containing parenting plan provisions or orders
of contempt, entered pursuant to RCW 26.09.160, shall
include the following language:
WARNING: VIOLATION OF THE RESIDENTIAL PROVISIONS OF THIS ORDER WITH
ACTUAL KNOWLEDGE OF ITS TERMS IS
PUNISHABLE BY CONTEMPT OF COURT,
AND MAY BE A CRIMINAL OFFENSE UNDER
RCW 9A.40.060(2) or 9A.40.070(2). VIOLATION
OF THIS ORDER MAY SUBJECT A VIOLATOR
TO ARREST.
[1994 c 162 § 2; 1989 c 318 § 4.]
Severability—1989 c 318: See note following RCW 26.09.160.
[Title 26 RCW—page 13]
26.09.170
Title 26 RCW: Domestic Relations
26.09.170 Modification of decree for maintenance
or support, property disposition—Termination of maintenance obligation and child support—Grounds. (1) Except
as otherwise provided in subsection (7) of RCW 26.09.070,
the provisions of any decree respecting maintenance or
support may be modified: (a) Only as to installments
accruing subsequent to the petition for modification or
motion for adjustment except motions to compel courtordered adjustments, which shall be effective as of the first
date specified in the decree for implementing the adjustment;
and, (b) except as otherwise provided in subsections (5), (6),
(9), and (10) of this section, only upon a showing of a
substantial change of circumstances. The provisions as to
property disposition may not be revoked or modified, unless
the court finds the existence of conditions that justify the
reopening of a judgment under the laws of this state.
(2) Unless otherwise agreed in writing or expressly
provided in the decree the obligation to pay future maintenance is terminated upon the death of either party or the
remarriage of the party receiving maintenance.
(3) Unless otherwise agreed in writing or expressly
provided in the decree, provisions for the support of a child
are terminated by emancipation of the child or by the death
of the parent obligated to support the child.
(4) Unless expressly provided by an order of the
superior court or a court of comparable jurisdiction, the
support provisions of the order are terminated upon the marriage to each other of parties to a paternity order, or upon
remarriage to each other of parties to a decree of dissolution.
The remaining provisions of the order, including provisions
establishing paternity, remain in effect.
(5) An order of child support may be modified one year
or more after it has been entered without showing a substantial change of circumstances:
(a) If the order in practice works a severe economic
hardship on either party or the child;
(b) If a party requests an adjustment in an order for
child support which was based on guidelines which determined the amount of support according to the child’s age,
and the child is no longer in the age category on which the
current support amount was based;
(c) If a child is still in high school, upon a finding that
there is a need to extend support beyond the eighteenth
birthday to complete high school; or
(d) To add an automatic adjustment of support provision
consistent with RCW 26.09.100.
(6) An order or decree entered prior to June 7, 1984,
may be modified without showing a substantial change of
circumstances if the requested modification is to:
(a) Require health insurance coverage for a child named
therein; or
(b) Modify an existing order for health insurance
coverage.
(7) An obligor’s voluntary unemployment or voluntary
underemployment, by itself, is not a substantial change of
circumstances.
(8) The department of social and health services may
file an action to modify an order of child support if public
assistance money is being paid to or for the benefit of the
child and the child support order is twenty-five percent or
more below the appropriate child support amount set forth in
the standard calculation as defined in RCW 26.19.011 and
[Title 26 RCW—page 14]
reasons for the deviation are not set forth in the findings of
fact or order. The determination of twenty-five percent or
more shall be based on the current income of the parties and
the department shall not be required to show a substantial
change of circumstances if the reasons for the deviations
were not set forth in the findings of fact or order.
(9)(a) All child support decrees may be adjusted once
every twenty-four months based upon changes in the income
of the parents without a showing of substantially changed
circumstances. Either party may initiate the adjustment by
filing a motion and child support worksheets.
(b) A party may petition for modification in cases of
substantially changed circumstances under subsection (1) of
this section at any time. However, if relief is granted under
subsection (1) of this section, twenty-four months must pass
before a motion for an adjustment under (a) of this subsection may be filed.
(c) If, pursuant to (a) of this subsection or subsection
(10) of this section, the court adjusts or modifies a child
support obligation by more than thirty percent and the
change would cause significant hardship, the court may
implement the change in two equal increments, one at the
time of the entry of the order and the second six months
from the entry of the order. Twenty-four months must pass
following the second change before a motion for an adjustment under (a) of this subsection may be filed.
(d) A parent who is receiving transfer payments who
receives a wage or salary increase may not bring a modification action pursuant to subsection (1) of this section alleging
that increase constitutes a substantial change of circumstances.
(e) The department of social and health services may
file an action at any time to modify an order of child support
in cases of substantially changed circumstances if public
assistance money is being paid to or for the benefit of the
child. The determination of the existence of substantially
changed circumstances by the department that lead to the
filing of an action to modify the order of child support is not
binding upon the court.
(10) An order of child support may be adjusted twentyfour months from the date of the entry of the decree or the
last adjustment or modification, whichever is later, based
upon changes in the economic table or standards in chapter
26.19 RCW. [2002 c 199 § 1; 1997 c 58 § 910; 1992 c 229
§ 2; 1991 sp.s. c 28 § 2; 1990 1st ex.s. c 2 § 2; 1989 c 416
§ 3; 1988 c 275 § 17; 1987 c 430 § 1; 1973 1st ex.s. c 157
§ 17.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
Severability—1987 c 430: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 430 § 4.]
(2002 Ed.)
Dissolution of Marriage—Legal Separation
26.09.173 Modification of child support order—
Child support order summary report. The party seeking
the establishment or modification of a child support order
shall file with the clerk of the court the child support order
summary report. The summary report shall be on the form
developed by the administrator for the courts pursuant to
RCW 26.18.210. The party must complete the form and file
the form with the court order. The clerk of the court must
forward the form to the administrator for the courts on at
least a monthly basis. [1990 1st ex.s. c 2 § 23.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.09.175 Modification of order of child support.
(1) A proceeding for the modification of an order of child
support shall commence with the filing of a petition and
worksheets. The petition shall be in the form prescribed by
the administrator for the courts. There shall be a fee of
twenty dollars for the filing of a petition for modification of
dissolution.
(2) The petitioner shall serve upon the other party the
summons, a copy of the petition, and the worksheets in the
form prescribed by the administrator for the courts. If the
modification proceeding is the first action filed in this state,
service shall be made by personal service. If the decree to
be modified was entered in this state, service shall be by
personal service or by any form of mail requiring a return
receipt. If the support obligation has been assigned to the
state pursuant to RCW 74.20.330 or the state has a subrogated interest under RCW 74.20A.030, the summons, petition,
and worksheets shall also be served on the attorney general;
except that notice shall be given to the office of the prosecuting attorney for the county in which the action is filed in
lieu of the office of the attorney general in those counties
and in the types of cases as designated by the office of the
attorney general by letter sent to the presiding superior court
judge of that county. Proof of service shall be filed with the
court.
(3) The responding party’s answer and worksheets shall
be served and the answer filed within twenty days after
service of the petition or sixty days if served out of state.
The responding party’s failure to file an answer within the
time required shall result in entry of a default judgment for
the petitioner.
(4) At any time after responsive pleadings are filed,
either party may schedule the matter for hearing.
(5) Unless both parties stipulate to arbitration or the
presiding judge authorizes oral testimony pursuant to
subsection (6) of this section, a petition for modification of
an order of child support shall be heard by the court on
affidavits, the petition, answer, and worksheets only.
(6) A party seeking authority to present oral testimony
on the petition to modify a support order shall file an
appropriate motion not later than ten days after the time of
notice of hearing. Affidavits and exhibits setting forth the
reasons oral testimony is necessary to a just adjudication of
the issues shall accompany the petition. The affidavits and
exhibits must demonstrate the extraordinary features of the
case. Factors which may be considered include, but are not
limited to: (a) Substantial questions of credibility on a major
issue; (b) insufficient or inconsistent discovery materials not
correctable by further discovery; or (c) particularly complex
(2002 Ed.)
26.09.173
circumstances requiring expert testimony. [2002 c 199 § 2;
1992 c 229 § 3; 1991 c 367 § 6; 1990 1st ex.s. c 2 § 3;
1987 c 430 § 2.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
Severability—1987 c 430: See note following RCW 26.09.170.
26.09.181 Procedure for determining permanent
parenting plan. (1) SUBMISSION OF PROPOSED
PLANS. (a) In any proceeding under this chapter, except a
modification, each party shall file and serve a proposed
permanent parenting plan on or before the earliest date of:
(i) Thirty days after filing and service by either party of
a notice for trial; or
(ii) One hundred eighty days after commencement of the
action which one hundred eighty day period may be extended by stipulation of the parties.
(b) In proceedings for a modification of custody or a
parenting plan, a proposed parenting plan shall be filed and
served with the motion for modification and with the
response to the motion for modification.
(c) No proposed permanent parenting plan shall be
required after filing of an agreed permanent parenting plan,
after entry of a final decree, or after dismissal of the cause
of action.
(d) A party who files a proposed parenting plan in
compliance with this section may move the court for an
order of default adopting that party’s parenting plan if the
other party has failed to file a proposed parenting plan as
required in this section.
(2) AMENDING PROPOSED PARENTING PLANS.
Either party may file and serve an amended proposed
permanent parenting plan according to the rules for amending pleadings.
(3) GOOD FAITH PROPOSAL. The parent submitting
a proposed parenting plan shall attach a verified statement
that the plan is proposed by that parent in good faith.
(4) AGREED PERMANENT PARENTING PLANS.
The parents may make an agreed permanent parenting plan.
(5) MANDATORY SETTLEMENT CONFERENCE.
Where mandatory settlement conferences are provided under
court rule, the parents shall attend a mandatory settlement
conference. The mandatory settlement conference shall be
presided over by a judge or a court commissioner, who shall
apply the criteria in RCW 26.09.187 and 26.09.191. The
parents shall in good faith review the proposed terms of the
parenting plans and any other issues relevant to the cause of
action with the presiding judge or court commissioner. Facts
and legal issues that are not then in dispute shall be entered
as stipulations for purposes of final hearing or trial in the
matter.
(6) TRIAL SETTING. Trial dates for actions involving
minor children brought under this chapter shall receive
priority.
(7) ENTRY OF FINAL ORDER. The final order or
decree shall be entered not sooner than ninety days after
filing and service.
This subsection does not apply to decrees of legal
separation. [1989 2nd ex.s. c 2 § 1; 1989 c 375 § 8; 1987
c 460 § 7.]
[Title 26 RCW—page 15]
26.09.184
Title 26 RCW: Domestic Relations
26.09.184 Permanent parenting plan. (1) OBJECTIVES. The objectives of the permanent parenting plan are
to:
(a) Provide for the child’s physical care;
(b) Maintain the child’s emotional stability;
(c) Provide for the child’s changing needs as the child
grows and matures, in a way that minimizes the need for
future modifications to the permanent parenting plan;
(d) Set forth the authority and responsibilities of each
parent with respect to the child, consistent with the criteria
in RCW 26.09.187 and 26.09.191;
(e) Minimize the child’s exposure to harmful parental
conflict;
(f) Encourage the parents, where appropriate under
RCW 26.09.187 and 26.09.191, to meet their responsibilities
to their minor children through agreements in the permanent
parenting plan, rather than by relying on judicial intervention; and
(g) To otherwise protect the best interests of the child
consistent with RCW 26.09.002.
(2) CONTENTS OF THE PERMANENT PARENTING
PLAN. The permanent parenting plan shall contain provisions for resolution of future disputes between the parents,
allocation of decision-making authority, and residential
provisions for the child.
(3) DISPUTE RESOLUTION. A process for resolving
disputes, other than court action, shall be provided unless
precluded or limited by RCW 26.09.187 or 26.09.191. A
dispute resolution process may include counseling, mediation, or arbitration by a specified individual or agency, or
court action. In the dispute resolution process:
(a) Preference shall be given to carrying out the
parenting plan;
(b) The parents shall use the designated process to
resolve disputes relating to implementation of the plan,
except those related to financial support, unless an emergency exists;
(c) A written record shall be prepared of any agreement
reached in counseling or mediation and of each arbitration
award and shall be provided to each party;
(d) If the court finds that a parent has used or frustrated
the dispute resolution process without good reason, the court
shall award attorneys’ fees and financial sanctions to the
prevailing parent;
(e) The parties have the right of review from the dispute
resolution process to the superior court; and
(f) The provisions of (a) through (e) of this subsection
shall be set forth in the decree.
(4) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) The plan shall allocate decision-making authority to
one or both parties regarding the children’s education, health
care, and religious upbringing. The parties may incorporate
an agreement related to the care and growth of the child in
these specified areas, or in other areas, into their plan,
consistent with the criteria in RCW 26.09.187 and 26.09.191.
Regardless of the allocation of decision-making in the
parenting plan, either parent may make emergency decisions
affecting the health or safety of the child.
(b) Each parent may make decisions regarding the dayto-day care and control of the child while the child is
residing with that parent.
[Title 26 RCW—page 16]
(c) When mutual decision making is designated but
cannot be achieved, the parties shall make a good-faith effort
to resolve the issue through the dispute resolution process.
(5) RESIDENTIAL PROVISIONS FOR THE CHILD.
The plan shall include a residential schedule which designates in which parent’s home each minor child shall reside
on given days of the year, including provision for holidays,
birthdays of family members, vacations, and other special
occasions, consistent with the criteria in RCW 26.09.187 and
26.09.191.
(6) PARENTS’ OBLIGATION UNAFFECTED. If a
parent fails to comply with a provision of a parenting plan
or a child support order, the other parent’s obligations under
the parenting plan or the child support order are not affected.
Failure to comply with a provision in a parenting plan or a
child support order may result in a finding of contempt of
court, under RCW 26.09.160.
(7) PROVISIONS TO BE SET FORTH IN PERMANENT PARENTING PLAN. The permanent parenting plan
shall set forth the provisions of subsections (3)(a) through
(c), (4)(b) and (c), and (6) of this section. [1991 c 367 § 7;
1989 c 375 § 9; 1987 c 460 § 8.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Custody, designation of for purposes of other statutes: RCW 26.09.285.
Failure to comply with decree or temporary injunction—Obligations not
suspended: RCW 26.09.160.
26.09.187 Criteria for establishing permanent
parenting plan. (1) DISPUTE RESOLUTION PROCESS.
The court shall not order a dispute resolution process, except
court action, when it finds that any limiting factor under
RCW 26.09.191 applies, or when it finds that either parent
is unable to afford the cost of the proposed dispute resolution process. If a dispute resolution process is not precluded
or limited, then in designating such a process the court shall
consider all relevant factors, including:
(a) Differences between the parents that would substantially inhibit their effective participation in any designated
process;
(b) The parents’ wishes or agreements and, if the
parents have entered into agreements, whether the agreements were made knowingly and voluntarily; and
(c) Differences in the parents’ financial circumstances
that may affect their ability to participate fully in a given
dispute resolution process.
(2) ALLOCATION OF DECISION-MAKING AUTHORITY.
(a) AGREEMENTS BETWEEN THE PARTIES. The
court shall approve agreements of the parties allocating
decision-making authority, or specifying rules in the areas
listed in RCW 26.09.184(4)(a), when it finds that:
(i) The agreement is consistent with any limitations on
a parent’s decision-making authority mandated by RCW
26.09.191; and
(ii) The agreement is knowing and voluntary.
(b) SOLE DECISION-MAKING AUTHORITY. The
court shall order sole decision-making to one parent when it
finds that:
(i) A limitation on the other parent’s decision-making
authority is mandated by RCW 26.09.191;
(2002 Ed.)
Dissolution of Marriage—Legal Separation
(ii) Both parents are opposed to mutual decision
making;
(iii) One parent is opposed to mutual decision making,
and such opposition is reasonable based on the criteria in (c)
of this subsection;
(c) MUTUAL DECISION-MAKING AUTHORITY.
Except as provided in (a) and (b) of this subsection, the
court shall consider the following criteria in allocating
decision-making authority:
(i) The existence of a limitation under RCW 26.09.191;
(ii) The history of participation of each parent in
decision making in each of the areas in RCW
26.09.184(4)(a);
(iii) Whether the parents have a demonstrated ability
and desire to cooperate with one another in decision making
in each of the areas in RCW 26.09.184(4)(a); and
(iv) The parents’ geographic proximity to one another,
to the extent that it affects their ability to make timely
mutual decisions.
(3) RESIDENTIAL PROVISIONS.
(a) The court shall make residential provisions for each
child which encourage each parent to maintain a loving,
stable, and nurturing relationship with the child, consistent
with the child’s developmental level and the family’s social
and economic circumstances. The child’s residential
schedule shall be consistent with RCW 26.09.191. Where
the limitations of RCW 26.09.191 are not dispositive of the
child’s residential schedule, the court shall consider the
following factors:
(i) The relative strength, nature, and stability of the
child’s relationship with each parent, including whether a
parent has taken greater responsibility for performing
parenting functions relating to the daily needs of the child;
(ii) The agreements of the parties, provided they were
entered into knowingly and voluntarily;
(iii) Each parent’s past and potential for future performance of parenting functions;
(iv) The emotional needs and developmental level of the
child;
(v) The child’s relationship with siblings and with other
significant adults, as well as the child’s involvement with his
or her physical surroundings, school, or other significant
activities;
(vi) The wishes of the parents and the wishes of a child
who is sufficiently mature to express reasoned and independent preferences as to his or her residential schedule; and
(vii) Each parent’s employment schedule, and shall
make accommodations consistent with those schedules.
Factor (i) shall be given the greatest weight.
(b) The court may order that a child frequently alternate
his or her residence between the households of the parents
for brief and substantially equal intervals of time only if the
court finds the following:
(i) No limitation exists under RCW 26.09.191;
(ii)(A) The parties have agreed to such provisions and
the agreement was knowingly and voluntarily entered into;
or
(B) The parties have a satisfactory history of cooperation and shared performance of parenting functions; the
parties are available to each other, especially in geographic
proximity, to the extent necessary to ensure their ability to
share performance of the parenting functions; and
(2002 Ed.)
26.09.187
(iii) The provisions are in the best interests of the child.
[1989 c 375 § 10; 1987 c 460 § 9.]
Custody, designation of for purposes of other statutes: RCW 26.09.285.
26.09.191 Restrictions in temporary or permanent
parenting plans. (1) The permanent parenting plan shall
not require mutual decision-making or designation of a
dispute resolution process other than court action if it is
found that a parent has engaged in any of the following
conduct: (a) Willful abandonment that continues for an
extended period of time or substantial refusal to perform
parenting functions; (b) physical, sexual, or a pattern of
emotional abuse of a child; or (c) a history of acts of
domestic violence as defined in RCW 26.50.010(1) or an
assault or sexual assault which causes grievous bodily harm
or the fear of such harm.
(2)(a) The parent’s residential time with the child shall
be limited if it is found that the parent has engaged in any
of the following conduct: (i) Willful abandonment that
continues for an extended period of time or substantial
refusal to perform parenting functions; (ii) physical, sexual,
or a pattern of emotional abuse of a child; (iii) a history of
acts of domestic violence as defined in RCW 26.50.010(1)
or an assault or sexual assault which causes grievous bodily
harm or the fear of such harm; or (iv) the parent has been
convicted as an adult of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the
difference in age between the offender and the victim, no
rebuttable presumption exists under (d) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the
offenses listed in (a)(iv)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (a)(iv)(A)
through (H) of this subsection.
This subsection (2)(a) shall not apply when (c) or (d) of
this subsection applies.
(b) The parent’s residential time with the child shall be
limited if it is found that the parent resides with a person
who has engaged in any of the following conduct: (i)
Physical, sexual, or a pattern of emotional abuse of a child;
(ii) a history of acts of domestic violence as defined in RCW
26.50.010(1) or an assault or sexual assault that causes
grievous bodily harm or the fear of such harm; or (iii) the
person has been convicted as an adult or as a juvenile has
been adjudicated of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
[Title 26 RCW—page 17]
26.09.191
Title 26 RCW: Domestic Relations
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the
difference in age between the offender and the victim, no
rebuttable presumption exists under (e) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the
offenses listed in (b)(iii)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (b)(iii)(A)
through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of
this subsection applies.
(c) If a parent has been found to be a sexual predator
under chapter 71.09 RCW or under an analogous statute of
any other jurisdiction, the court shall restrain the parent from
contact with a child that would otherwise be allowed under
this chapter. If a parent resides with an adult or a juvenile
who has been found to be a sexual predator under chapter
71.09 RCW or under an analogous statute of any other
jurisdiction, the court shall restrain the parent from contact
with the parent’s child except contact that occurs outside that
person’s presence.
(d) There is a rebuttable presumption that a parent who
has been convicted as an adult of a sex offense listed in
(d)(i) through (ix) of this subsection poses a present danger
to a child. Unless the parent rebuts this presumption, the
court shall restrain the parent from contact with a child that
would otherwise be allowed under this chapter:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (d)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i)
through (vii) of this subsection.
(e) There is a rebuttable presumption that a parent who
resides with a person who, as an adult, has been convicted,
or as a juvenile has been adjudicated, of the sex offenses
listed in (e)(i) through (ix) of this subsection places a child
at risk of abuse or harm when that parent exercises residential time in the presence of the convicted or adjudicated person. Unless the parent rebuts the presumption, the court
shall restrain the parent from contact with the parent’s child
except for contact that occurs outside of the convicted or
adjudicated person’s presence:
[Title 26 RCW—page 18]
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (e)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i)
through (vii) of this subsection.
(f) The presumption established in (d) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense
committed by the parent requesting residential time, (A)
contact between the child and the offending parent is
appropriate and poses minimal risk to the child, and (B) the
offending parent has successfully engaged in treatment for
sex offenders or is engaged in and making progress in such
treatment, if any was ordered by a court, and the treatment
provider believes such contact is appropriate and poses
minimal risk to the child; or
(ii) If the child was the victim of the sex offense
committed by the parent requesting residential time, (A)
contact between the child and the offending parent is
appropriate and poses minimal risk to the child, (B) if the
child is in or has been in therapy for victims of sexual
abuse, the child’s counselor believes such contact between
the child and the offending parent is in the child’s best interest, and (C) the offending parent has successfully engaged
in treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court,
and the treatment provider believes such contact is appropriate and poses minimal risk to the child.
(g) The presumption established in (e) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense
committed by the person who is residing with the parent
requesting residential time, (A) contact between the child and
the parent residing with the convicted or adjudicated person
is appropriate and that parent is able to protect the child in
the presence of the convicted or adjudicated person, and (B)
the convicted or adjudicated person has successfully engaged
in treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court,
and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense
committed by the person who is residing with the parent
requesting residential time, (A) contact between the child and
the parent in the presence of the convicted or adjudicated
person is appropriate and poses minimal risk to the child,
(B) if the child is in or has been in therapy for victims of
sexual abuse, the child’s counselor believes such contact
between the child and the parent residing with the convicted
or adjudicated person in the presence of the convicted or
adjudicated person is in the child’s best interest, and (C) the
(2002 Ed.)
Dissolution of Marriage—Legal Separation
convicted or adjudicated person has successfully engaged in
treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court,
and the treatment provider believes contact between the
parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the
child.
(h) If the court finds that the parent has met the burden
of rebutting the presumption under (f) of this subsection, the
court may allow a parent who has been convicted as an adult
of a sex offense listed in (d)(i) through (ix) of this subsection to have residential time with the child supervised by a
neutral and independent adult and pursuant to an adequate
plan for supervision of such residential time. The court shall
not approve of a supervisor for contact between the child
and the parent unless the court finds, based on the evidence,
that the supervisor is willing and capable of protecting the
child from harm. The court shall revoke court approval of
the supervisor upon finding, based on the evidence, that the
supervisor has failed to protect the child or is no longer
willing or capable of protecting the child.
(i) If the court finds that the parent has met the burden
of rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who has
been adjudicated as a juvenile of a sex offense listed in (e)(i)
through (ix) of this subsection to have residential time with
the child in the presence of the person adjudicated as a juvenile, supervised by a neutral and independent adult and
pursuant to an adequate plan for supervision of such residential time. The court shall not approve of a supervisor for
contact between the child and the parent unless the court
finds, based on the evidence, that the supervisor is willing
and capable of protecting the child from harm. The court
shall revoke court approval of the supervisor upon finding,
based on the evidence, that the supervisor has failed to protect the child or is no longer willing or capable of protecting
the child.
(j) If the court finds that the parent has met the burden
of rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who, as an
adult, has been convicted of a sex offense listed in (e)(i)
through (ix) of this subsection to have residential time with
the child in the presence of the convicted person supervised
by a neutral and independent adult and pursuant to an
adequate plan for supervision of such residential time. The
court shall not approve of a supervisor for contact between
the child and the parent unless the court finds, based on the
evidence, that the supervisor is willing and capable of
protecting the child from harm. The court shall revoke court
approval of the supervisor upon finding, based on the evidence, that the supervisor has failed to protect the child or
is no longer willing or capable of protecting the child.
(k) A court shall not order unsupervised contact between
the offending parent and a child of the offending parent who
was sexually abused by that parent. A court may order
unsupervised contact between the offending parent and a
child who was not sexually abused by the parent after the
presumption under (d) of this subsection has been rebutted
and supervised residential time has occurred for at least two
years with no further arrests or convictions of sex offenses
involving children under chapter 9A.44 RCW, RCW
9A.64.020, or chapter 9.68A RCW and (i) the sex offense of
(2002 Ed.)
26.09.191
the offending parent was not committed against a child of
the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is
appropriate and poses minimal risk to the child, after
consideration of the testimony of a state-certified therapist,
mental health counselor, or social worker with expertise in
treating child sexual abuse victims who has supervised at
least one period of residential time between the parent and
the child, and after consideration of evidence of the offending parent’s compliance with community supervision
requirements, if any. If the offending parent was not ordered
by a court to participate in treatment for sex offenders, then
the parent shall obtain a psychosexual evaluation conducted
by a state-certified sex offender treatment provider indicating
that the offender has the lowest likelihood of risk to reoffend
before the court grants unsupervised contact between the
parent and a child.
(l) A court may order unsupervised contact between the
parent and a child which may occur in the presence of a
juvenile adjudicated of a sex offense listed in (e)(i) through
(ix) of this subsection who resides with the parent after the
presumption under (e) of this subsection has been rebutted
and supervised residential time has occurred for at least two
years during which time the adjudicated juvenile has had no
further arrests, adjudications, or convictions of sex offenses
involving children under chapter 9A.44 RCW, RCW
9A.64.020, or chapter 9.68A RCW, and (i) the court finds
that unsupervised contact between the child and the parent
that may occur in the presence of the adjudicated juvenile is
appropriate and poses minimal risk to the child, after
consideration of the testimony of a state-certified therapist,
mental health counselor, or social worker with expertise in
treatment of child sexual abuse victims who has supervised
at least one period of residential time between the parent and
the child in the presence of the adjudicated juvenile, and
after consideration of evidence of the adjudicated juvenile’s
compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by
a court to participate in treatment for sex offenders, then the
adjudicated juvenile shall obtain a psychosexual evaluation
conducted by a state-certified sex offender treatment provider
indicating that the adjudicated juvenile has the lowest
likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may
occur in the presence of the adjudicated juvenile who is
residing with the parent.
(m)(i) The limitations imposed by the court under (a) or
(b) of this subsection shall be reasonably calculated to
protect the child from the physical, sexual, or emotional
abuse or harm that could result if the child has contact with
the parent requesting residential time. If the court expressly
finds based on the evidence that limitations on the residential
time with the child will not adequately protect the child from
the harm or abuse that could result if the child has contact
with the parent requesting residential time, the court shall
restrain the parent requesting residential time from all
contact with the child.
(ii) The court shall not enter an order under (a) of this
subsection allowing a parent to have contact with a child if
the parent has been found by clear and convincing evidence
in a civil action or by a preponderance of the evidence in a
dependency action to have sexually abused the child, except
[Title 26 RCW—page 19]
26.09.191
Title 26 RCW: Domestic Relations
upon recommendation by an evaluator or therapist for the
child that the child is ready for contact with the parent and
will not be harmed by the contact. The court shall not enter
an order allowing a parent to have contact with the child in
the offender’s presence if the parent resides with a person
who has been found by clear and convincing evidence in a
civil action or by a preponderance of the evidence in a
dependency action to have sexually abused a child, unless
the court finds that the parent accepts that the person
engaged in the harmful conduct and the parent is willing to
and capable of protecting the child from harm from the
person.
(iii) If the court limits residential time under (a) or (b)
of this subsection to require supervised contact between the
child and the parent, the court shall not approve of a
supervisor for contact between a child and a parent who has
engaged in physical, sexual, or a pattern of emotional abuse
of the child unless the court finds based upon the evidence
that the supervisor accepts that the harmful conduct occurred
and is willing to and capable of protecting the child from
harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor
has failed to protect the child or is no longer willing to or
capable of protecting the child.
(n) If the court expressly finds based on the evidence
that contact between the parent and the child will not cause
physical, sexual, or emotional abuse or harm to the child and
that the probability that the parent’s or other person’s
harmful or abusive conduct will recur is so remote that it
would not be in the child’s best interests to apply the
limitations of (a), (b), and (m)(i) and (iii) of this subsection,
or if the court expressly finds that the parent’s conduct did
not have an impact on the child, then the court need not
apply the limitations of (a), (b), and (m)(i) and (iii) of this
subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic
violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j),
(k), (l), and (m)(ii) of this subsection apply.
(3) A parent’s involvement or conduct may have an
adverse effect on the child’s best interests, and the court may
preclude or limit any provisions of the parenting plan, if any
of the following factors exist:
(a) A parent’s neglect or substantial nonperformance of
parenting functions;
(b) A long-term emotional or physical impairment which
interferes with the parent’s performance of parenting
functions as defined in RCW 26.09.004;
(c) A long-term impairment resulting from drug,
alcohol, or other substance abuse that interferes with the
performance of parenting functions;
(d) The absence or substantial impairment of emotional
ties between the parent and the child;
(e) The abusive use of conflict by the parent which
creates the danger of serious damage to the child’s psychological development;
(f) A parent has withheld from the other parent access
to the child for a protracted period without good cause; or
(g) Such other factors or conduct as the court expressly
finds adverse to the best interests of the child.
[Title 26 RCW—page 20]
(4) In entering a permanent parenting plan, the court
shall not draw any presumptions from the provisions of the
temporary parenting plan.
(5) In determining whether any of the conduct described
in this section has occurred, the court shall apply the civil
rules of evidence, proof, and procedure.
(6) For the purposes of this section, a parent’s child
means that parent’s natural child, adopted child, or stepchild.
[1996 c 303 § 1; 1994 c 267 § 1. Prior: 1989 c 375 § 11;
1989 c 326 § 1; 1987 c 460 § 10.]
Effective date—1996 c 303: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 30, 1996]." [1996 c 303 § 3.]
Effective date—1994 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 267 § 6.]
26.09.194 Proposed temporary parenting plan—
Temporary order—Amendment—Vacation of order. (1)
A parent seeking a temporary order relating to parenting
shall file and serve a proposed temporary parenting plan by
motion. The other parent, if contesting the proposed
temporary parenting plan, shall file and serve a responsive
proposed parenting plan. Either parent may move to have a
proposed temporary parenting plan entered as part of a
temporary order. The parents may enter an agreed temporary parenting plan at any time as part of a temporary order.
The proposed temporary parenting plan may be supported by
relevant evidence and shall be accompanied by an affidavit
or declaration which shall state at a minimum the following:
(a) The name, address, and length of residence with the
person or persons with whom the child has lived for the
preceding twelve months;
(b) The performance by each parent during the last
twelve months of the parenting functions relating to the daily
needs of the child;
(c) The parents’ work and child-care schedules for the
preceding twelve months;
(d) The parents’ current work and child-care schedules;
and
(e) Any of the circumstances set forth in RCW
26.09.191 that are likely to pose a serious risk to the child
and that warrant limitation on the award to a parent of
temporary residence or time with the child pending entry of
a permanent parenting plan.
(2) At the hearing, the court shall enter a temporary
parenting order incorporating a temporary parenting plan
which includes:
(a) A schedule for the child’s time with each parent
when appropriate;
(b) Designation of a temporary residence for the child;
(c) Allocation of decision-making authority, if any.
Absent allocation of decision-making authority consistent
with RCW 26.09.187(2), neither party shall make any
decision for the child other than those relating to day-to-day
or emergency care of the child, which shall be made by the
party who is present with the child;
(d) Provisions for temporary support for the child; and
(e) Restraining orders, if applicable, under RCW
26.09.060.
(2002 Ed.)
Dissolution of Marriage—Legal Separation
(3) A parent may make a motion for an order to show
cause and the court may enter a temporary order, including
a temporary parenting plan, upon a showing of necessity.
(4) A parent may move for amendment of a temporary
parenting plan, and the court may order amendment to the
temporary parenting plan, if the amendment conforms to the
limitations of RCW 26.09.191 and is in the best interest of
the child.
(5) If a proceeding for dissolution of marriage, legal
separation, or declaration of invalidity is dismissed, any
temporary order or temporary parenting plan is vacated.
[1987 c 460 § 13.]
26.09.197 Issuance of temporary parenting plan—
Criteria. After considering the affidavit required by RCW
26.09.194(1) and other relevant evidence presented, the court
shall make a temporary parenting plan that is in the best
interest of the child. In making this determination, the court
shall give particular consideration to:
(1) Which parent has taken greater responsibility during
the last twelve months for performing parenting functions
relating to the daily needs of the child; and
(2) Which parenting arrangements will cause the least
disruption to the child’s emotional stability while the action
is pending.
The court shall also consider the factors used to determine residential provisions in the permanent parenting plan.
[1987 c 460 § 14.]
26.09.210 Parenting plans—Interview with child by
court—Advice of professional personnel. The court may
interview the child in chambers to ascertain the child’s
wishes as to the child’s residential schedule in a proceeding
for dissolution of marriage, legal separation, or declaration
of invalidity. The court may permit counsel to be present at
the interview. The court shall cause a record of the interview to be made and to be made part of the record in the
case.
The court may seek the advice of professional personnel
whether or not they are employed on a regular basis by the
court. The advice given shall be in writing and shall be
made available by the court to counsel upon request.
Counsel may call for cross-examination any professional
personnel consulted by the court. [1987 c 460 § 15; 1973
1st ex.s. c 157 § 21.]
26.09.220 Parenting arrangements—Investigation
and report—Appointment of guardian ad litem. (1) The
court may order an investigation and report concerning
parenting arrangements for the child, or may appoint a
guardian ad litem pursuant to RCW 26.12.175, or both. The
investigation and report may be made by the guardian ad
litem, the staff of the juvenile court, or other professional
social service organization experienced in counseling
children and families.
(2) In preparing the report concerning a child, the
investigator may consult any person who may have information about the child and the potential parenting or custodian
arrangements. Upon order of the court, the investigator may
refer the child to professional personnel for diagnosis. The
investigator may consult with and obtain information from
(2002 Ed.)
26.09.194
medical, psychiatric, or other expert persons who have
served the child in the past without obtaining the consent of
the parent or the child’s custodian; but the child’s consent
must be obtained if the child has reached the age of twelve,
unless the court finds that the child lacks mental capacity to
consent. If the requirements of subsection (3) of this section
are fulfilled, the investigator’s report may be received in
evidence at the hearing.
(3) The investigator shall mail the investigator’s report
to counsel and to any party not represented by counsel at
least ten days prior to the hearing unless a shorter time is
ordered by the court for good cause shown. The investigator
shall make available to counsel and to any party not represented by counsel the investigator’s file of underlying data
and reports, complete texts of diagnostic reports made to the
investigator pursuant to the provisions of subsection (2) of
this section, and the names and addresses of all persons
whom the investigator has consulted. Any party to the
proceeding may call the investigator and any person whom
the investigator has consulted for cross-examination. A
party may not waive the right of cross-examination prior to
the hearing. [1993 c 289 § 1; 1989 c 375 § 12; 1987 c 460
§ 16; 1973 1st ex.s. c 157 § 22.]
26.09.225 Access to child’s education and health
care records. (1) Each parent shall have full and equal
access to the education and health care records of the child
absent a court order to the contrary. Neither parent may
veto the access requested by the other parent.
(2) Educational records are limited to academic, attendance, and disciplinary records of public and private schools
in all grades kindergarten through twelve and any form of
alternative school for all periods for which child support is
paid or the child is the dependent in fact of the parent
requesting access to the records.
(3) Educational records of postsecondary educational
institutions are limited to enrollment and academic records
necessary to determine, establish, or continue support
ordered pursuant to RCW 26.19.090. [1991 sp.s. c 28 § 3;
1990 1st ex.s. c 2 § 18; 1987 c 460 § 17.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.09.240 Visitation rights—Person other than
parent—Grandparents’ visitation rights. (1) A person
other than a parent may petition the court for visitation with
a child at any time or may intervene in a pending dissolution, legal separation, or modification of parenting plan
proceeding. A person other than a parent may not petition
for visitation under this section unless the child’s parent or
parents have commenced an action under this chapter.
(2) A petition for visitation with a child by a person
other than a parent must be filed in the county in which the
child resides.
(3) A petition for visitation or a motion to intervene
pursuant to this section shall be dismissed unless the
petitioner or intervenor can demonstrate by clear and convincing evidence that a significant relationship exists with
the child with whom visitation is sought. If the petition or
[Title 26 RCW—page 21]
26.09.240
Title 26 RCW: Domestic Relations
motion is dismissed for failure to establish the existence of
a significant relationship, the petitioner or intervenor shall be
ordered to pay reasonable attorney’s fees and costs to the
parent, parents, other custodian, or representative of the child
who responds to this petition or motion.
(4) The court may order visitation between the petitioner
or intervenor and the child between whom a significant
relationship exists upon a finding supported by the evidence
that the visitation is in the child’s best interests.
(5)(a) Visitation with a grandparent shall be presumed
to be in the child’s best interests when a significant relationship has been shown to exist. This presumption may be
rebutted by a preponderance of evidence showing that
visitation would endanger the child’s physical, mental, or
emotional health.
(b) If the court finds that reasonable visitation by a
grandparent would be in the child’s best interest except for
hostilities that exist between the grandparent and one or both
of the parents or person with whom the child lives, the court
may set the matter for mediation under RCW 26.09.015.
(6) The court may consider the following factors when
making a determination of the child’s best interests:
(a) The strength of the relationship between the child
and the petitioner;
(b) The relationship between each of the child’s parents
or the person with whom the child is residing and the
petitioner;
(c) The nature and reason for either parent’s objection
to granting the petitioner visitation;
(d) The effect that granting visitation will have on the
relationship between the child and the child’s parents or the
person with whom the child is residing;
(e) The residential time sharing arrangements between
the parents;
(f) The good faith of the petitioner;
(g) Any criminal history or history of physical, emotional, or sexual abuse or neglect by the petitioner; and
(h) Any other factor relevant to the child’s best interest.
(7) The restrictions of RCW 26.09.191 that apply to
parents shall be applied to a petitioner or intervenor who is
not a parent. The nature and extent of visitation, subject to
these restrictions, is in the discretion of the court.
(8) The court may order an investigation and report
concerning the proposed visitation or may appoint a guardian
ad litem as provided in RCW 26.09.220.
(9) Visitation granted pursuant to this section shall be
incorporated into the parenting plan for the child.
(10) The court may modify or terminate visitation rights
granted pursuant to this section in any subsequent modification action upon a showing that the visitation is no longer in
the best interest of the child. [1996 c 177 § 1; 1989 c 375
§ 13; 1987 c 460 § 18; 1977 ex.s. c 271 § 1; 1973 1st ex.s.
c 157 § 24.]
26.09.255 Remedies when a child is taken, enticed,
or concealed. A relative, as defined in RCW 9A.40.010,
may bring civil action against any other relative if, with
intent to deny access to a child by that relative of the child
who has a right to physical custody of or visitation with the
child or a parent with whom the child resides pursuant to a
parenting plan order, the relative takes, entices, or conceals
[Title 26 RCW—page 22]
the child from that relative. The plaintiff may be awarded,
in addition to any damages awarded by the court, the
reasonable expenses incurred by the plaintiff in locating the
child, including, but not limited to, investigative services and
reasonable attorneys’ fees. [1987 c 460 § 22; 1984 c 95 §
6.]
Severability—1984 c 95: See note following RCW 9A.40.060.
26.09.260 Modification of parenting plan or custody
decree. (1) Except as otherwise provided in subsections (4),
(5), (6), (8), and (10) of this section, the court shall not
modify a prior custody decree or a parenting plan unless it
finds, upon the basis of facts that have arisen since the prior
decree or plan or that were unknown to the court at the time
of the prior decree or plan, that a substantial change has
occurred in the circumstances of the child or the nonmoving
party and that the modification is in the best interest of the
child and is necessary to serve the best interests of the child.
(2) In applying these standards, the court shall retain the
residential schedule established by the decree or parenting
plan unless:
(a) The parents agree to the modification;
(b) The child has been integrated into the family of the
petitioner with the consent of the other parent in substantial
deviation from the parenting plan;
(c) The child’s present environment is detrimental to the
child’s physical, mental, or emotional health and the harm
likely to be caused by a change of environment is outweighed by the advantage of a change to the child; or
(d) The court has found the nonmoving parent in
contempt of court at least twice within three years because
the parent failed to comply with the residential time provisions in the court-ordered parenting plan, or the parent has
been convicted of custodial interference in the first or second
degree under RCW 9A.40.060 or 9A.40.070.
(3) A conviction of custodial interference in the first or
second degree under RCW 9A.40.060 or 9A.40.070 shall
constitute a substantial change of circumstances for the
purposes of this section.
(4) The court may reduce or restrict contact between the
child and the parent with whom the child does not reside a
majority of the time if it finds that the reduction or restriction would serve and protect the best interests of the child
using the criteria in RCW 26.09.191.
(5) The court may order adjustments to the residential
aspects of a parenting plan upon a showing of a substantial
change in circumstances of either parent or of the child, and
without consideration of the factors set forth in subsection
(2) of this section, if the proposed modification is only a
minor modification in the residential schedule that does not
change the residence the child is scheduled to reside in the
majority of the time and:
(a) Does not exceed twenty-four full days in a calendar
year; or
(b) Is based on a change of residence of the parent with
whom the child does not reside the majority of the time or
an involuntary change in work schedule by a parent which
makes the residential schedule in the parenting plan impractical to follow; or
(c) Does not result in a schedule that exceeds ninety
overnights per year in total, if the court finds that, at the
(2002 Ed.)
Dissolution of Marriage—Legal Separation
time the petition for modification is filed, the decree of
dissolution or parenting plan does not provide reasonable
time with the parent with whom the child does not reside a
majority of the time, and further, the court finds that it is in
the best interests of the child to increase residential time
with the parent in excess of the residential time period in (a)
of this subsection. However, any motion under this subsection (5)(c) is subject to the factors established in subsection
(2) of this section if the party bringing the petition has
previously been granted a modification under this same
subsection within twenty-four months of the current motion.
Relief granted under this section shall not be the sole basis
for adjusting or modifying child support.
(6) The court may order adjustments to the residential
aspects of a parenting plan pursuant to a proceeding to
permit or restrain a relocation of the child. The person
objecting to the relocation of the child or the relocating
person’s proposed revised residential schedule may file a
petition to modify the parenting plan, including a change of
the residence in which the child resides the majority of the
time, without a showing of adequate cause other than the
proposed relocation itself. A hearing to determine adequate
cause for modification shall not be required so long as the
request for relocation of the child is being pursued. In
making a determination of a modification pursuant to
relocation of the child, the court shall first determine
whether to permit or restrain the relocation of the child using
the procedures and standards provided in RCW 26.09.405
through 26.09.560. Following that determination, the court
shall determine what modification pursuant to relocation
should be made, if any, to the parenting plan or custody
order or visitation order.
(7) A parent with whom the child does not reside a
majority of the time and whose residential time with the
child is subject to limitations pursuant to RCW 26.09.191 (2)
or (3) may not seek expansion of residential time under
subsection (5)(c) of this section unless that parent demonstrates a substantial change in circumstances specifically
related to the basis for the limitation.
(8) If a parent with whom the child does not reside a
majority of the time voluntarily fails to exercise residential
time for an extended period, that is, one year or longer, the
court upon proper motion may make adjustments to the
parenting plan in keeping with the best interests of the minor
child.
(9) A parent with whom the child does not reside a
majority of the time who is required by the existing
parenting plan to complete evaluations, treatment, parenting,
or other classes may not seek expansion of residential time
under subsection (5)(c) of this section unless that parent has
fully complied with such requirements.
(10) The court may order adjustments to any of the
nonresidential aspects of a parenting plan upon a showing of
a substantial change of circumstances of either parent or of
a child, and the adjustment is in the best interest of the child.
Adjustments ordered under this section may be made without
consideration of the factors set forth in subsection (2) of this
section.
(11) If the court finds that a motion to modify a prior
decree or parenting plan has been brought in bad faith, the
court shall assess the attorney’s fees and court costs of the
nonmoving parent against the moving party. [2000 c 21 §
(2002 Ed.)
26.09.260
19; 1999 c 174 § 1; 1991 c 367 § 9. Prior: 1989 c 375 §
14; 1989 c 318 § 3; 1987 c 460 § 19; 1973 1st ex.s. c 157
§ 26.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Severability—1989 c 318: See note following RCW 26.09.160.
26.09.270 Child custody—Temporary custody
order, temporary parenting plan, or modification of
custody decree—Affidavits required. A party seeking a
temporary custody order or a temporary parenting plan or
modification of a custody decree or parenting plan shall
submit together with his motion, an affidavit setting forth
facts supporting the requested order or modification and shall
give notice, together with a copy of his affidavit, to other
parties to the proceedings, who may file opposing affidavits.
The court shall deny the motion unless it finds that adequate
cause for hearing the motion is established by the affidavits,
in which case it shall set a date for hearing on an order to
show cause why the requested order or modification should
not be granted. [1989 c 375 § 15; 1973 1st ex.s. c 157 §
27.]
26.09.280 Parenting plan or child support modification or enforcement—Venue. Every action or proceeding
to change, modify, or enforce any final order, judgment, or
decree entered in any dissolution or legal separation or
declaration concerning the validity of a marriage, whether
under this chapter or prior law, regarding the parenting plan
or child support for the minor children of the marriage may
be brought in the county where the minor children are then
residing, or in the court in which the final order, judgment,
or decree was entered, or in the county where the parent or
other person who has the care, custody, or control of the
children is then residing. [1991 c 367 § 10; 1987 c 460 §
20; 1975 c 32 § 4; 1973 1st ex.s. c 157 § 28.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.09.285 Designation of custody for the purpose of
other state and federal statutes. Solely for the purposes of
all other state and federal statutes which require a designation or determination of custody, a parenting plan shall
designate the parent with whom the child is scheduled to
reside a majority of the time as the custodian of the child.
However, this designation shall not affect either parent’s
rights and responsibilities under the parenting plan. In the
absence of such a designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of
such federal and state statutes. [1989 c 375 § 16; 1987 c
460 § 21.]
26.09.290 Final decree of divorce nunc pro tunc.
Whenever either of the parties in a divorce action is, under
the law, entitled to a final judgment, but by mistake, negligence, or inadvertence the same has not been signed, filed,
or entered, if no appeal has been taken from the interlocuto[Title 26 RCW—page 23]
26.09.290
Title 26 RCW: Domestic Relations
ry order or motion for a new trial made, the court, on the
motion of either party thereto or upon its own motion, may
cause a final judgment to be signed, dated, filed, and entered
therein granting the divorce as of the date when the same
could have been given or made by the court if applied for.
The court may cause such final judgment to be signed,
dated, filed, and entered nunc pro tunc as aforesaid, even
though a final judgment may have been previously entered
where by mistake, negligence or inadvertence the same has
not been signed, filed, or entered as soon as such final
judgment, the parties to such action shall be deemed to have
been restored to the status of single persons as of the date
affixed to such judgment, and any marriage of either of such
parties subsequent to six months after the granting of the
interlocutory order as shown by the minutes of the court, and
after the final judgment could have been entered under the
law if applied for, shall be valid for all purposes as of the
date affixed to such final judgment, upon the filing thereof.
[1973 1st ex.s. c 157 § 29.]
26.09.300 Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers,
immunity. (1) Whenever a restraining order is issued under
this chapter, and the person to be restrained knows of the
order, a violation of the provisions restricting the person
from acts or threats of violence or of a provision restraining
the person from going onto the grounds of or entering the
residence, workplace, school, or day care of another, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a
location, is punishable under RCW 26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person’s attorney
signed the order;
(b) The order recites that the person to be restrained or
the person’s attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written
evidence of the order by reading from it or handing to the
person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to
be an accurate copy of the original by a notary public or by
the clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order has been issued under this
chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of
the order restraining the person from acts or threats of
[Title 26 RCW—page 24]
violence or restraining the person from going onto the
grounds of or entering the residence, workplace, school, or
day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified
distance of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law
or court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this
section if the officer acts in good faith and without malice.
[2000 c 119 § 21; 1996 c 248 § 9; 1995 c 246 § 27; 1984 c
263 § 28; 1974 ex.s. c 99 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Effective date—Severability—1984 c 263: See RCW 26.50.901 and
26.50.902.
26.09.310 Provision of health care to minor—
Immunity of health care provider. No health care provider or facility, or their agent, shall be liable for damages in
any civil action brought by a parent or guardian based only
on a lack of the parent or guardian’s consent for medical
care of a minor child, if consent to the care has been given
by a parent or guardian of the minor. The immunity provided by this section shall apply regardless of whether:
(1) The parents are married, unmarried, or separated at
the time of consent or treatment;
(2) The consenting parent is, or is not, a custodial parent
of the minor;
(3) The giving of consent by a parent is, or is not, full
performance of any agreement between the parents, or of
any order or decree in any action entered pursuant to chapter
26.09 RCW;
(4) The action or suit is brought by or on behalf of the
nonconsenting parent, the minor child, or any other person.
[1989 c 377 § 1.]
NOTICE REQUIREMENTS AND STANDARDS FOR
PARENTAL RELOCATION
26.09.405 Applicability. (1) The provisions of RCW
26.09.405 through 26.09.560 and the chapter 21, Laws of
2000 amendments to RCW 26.09.260, 26.10.190, and
26.26.160 apply to a court order regarding residential time
or visitation with a child issued:
(a) After June 8, 2000; and
(b) Before June 8, 2000, if the existing court order does
not expressly govern relocation of the child.
(2) To the extent that a provision of RCW 26.09.405
through 26.09.560 and the chapter 21, Laws of 2000 amendments to RCW 26.09.260, 26.10.190, and 26.26.160 conflicts
with the express terms of a court order existing prior to June
8, 2000, then RCW 26.09.405 through 26.09.560 and the
chapter 21, Laws of 2000 amendments to RCW 26.09.260,
26.10.190, and 26.26.160 do not apply to those terms of that
order governing relocation of the child. [2000 c 21 § 3.]
Intent—2000 c 21: "By this act, the legislature intends to supersede
the state supreme court’s decisions In Re the Marriage of Littlefield, 133
Wn.2d 39 (1997), and In Re the Marriage of Pape, Docket No. 67527-9,
December 23, 1999." [2000 c 21 § 1.]
(2002 Ed.)
Dissolution of Marriage—Legal Separation
Captions not law—2000 c 21: "Captions used in this act are not any
part of the law." [2000 c 21 § 22.]
26.09.405
26.09.430 Notice requirement. Except as provided
in RCW 26.09.460, a person with whom the child resides a
majority of the time shall notify every other person entitled
to residential time or visitation with the child under a court
order if the person intends to relocate. Notice shall be given
as prescribed in RCW 26.09.440 and 26.09.450. [2000 c 21
§ 5.]
UNLESS, WITHIN THIRTY DAYS, YOU FILE A PETITION AND MOTION WITH THE COURT TO BLOCK
THE RELOCATION OR OBJECT TO THE PROPOSED
REVISED RESIDENTIAL SCHEDULE AND SERVE THE
PETITION AND MOTION ON THE PERSON PROPOSING RELOCATION AND ALL OTHER PERSONS
ENTITLED BY COURT ORDER TO RESIDENTIAL
TIME OR VISITATION WITH THE CHILD."
(b) Except as provided in RCW 26.09.450 and
26.09.460, the following information shall also be included
in every notice of intended relocation of the child, if available:
(i) The specific street address of the intended new residence, if known, or as much of the intended address as is
known, such as city and state;
(ii) The new mailing address, if different from the
intended new residence address;
(iii) The new home telephone number;
(iv) The name and address of the child’s new school
and day care facility, if applicable;
(v) The date of the intended relocation of the child; and
(vi) A proposal in the form of a proposed parenting plan
for a revised schedule of residential time or visitation with
the child, if any.
(3) A person required to give notice of an intended
relocation of the child has a continuing duty to promptly
update the information required with the notice as that new
information becomes known. [2000 c 21 § 6.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.440 Notice—Contents and delivery. (1)
Except as provided in RCW 26.09.450 and 26.09.460, the
notice of an intended relocation of the child must be given
by:
(a) Personal service or any form of mail requiring a
return receipt; and
(b) No less than:
(i) Sixty days before the date of the intended relocation
of the child; or
(ii) No more than five days after the date that the person
knows the information required to be furnished under
subsection (2) of this section, if the person did not know and
could not reasonably have known the information in sufficient time to provide the sixty-days’ notice, and it is not
reasonable to delay the relocation.
(2)(a) The notice of intended relocation of the child
must include: (i) An address at which service of process
may be accomplished during the period for objection; (ii) a
brief statement of the specific reasons for the intended
relocation of the child; and (iii) a notice to the nonrelocating
person that an objection to the intended relocation of the
child or to the relocating person’s proposed revised residential schedule must be filed with the court and served on the
opposing person within thirty days or the relocation of the
child will be permitted and the residential schedule may be
modified pursuant to RCW 26.09.500. The notice shall not
be deemed to be in substantial compliance for purposes of
RCW 26.09.470 unless the notice contains the following
statement: "THE RELOCATION OF THE CHILD WILL
BE PERMITTED AND THE PROPOSED REVISED
RESIDENTIAL SCHEDULE MAY BE CONFIRMED
26.09.450 Notice—Relocation within the same
school district. (1) When the intended relocation of the
child is within the school district in which the child currently
resides the majority of the time, the person intending to relocate the child, in lieu of notice prescribed in RCW
26.09.440, may provide actual notice by any reasonable
means to every other person entitled to residential time or
visitation with the child under a court order.
(2) A person who is entitled to residential time or
visitation with the child under a court order may not object
to the intended relocation of the child within the school
district in which the child currently resides the majority of
the time, but he or she retains the right to move for modification under RCW 26.09.260. [2000 c 21 § 7.]
26.09.410 Definitions. The definitions in this section
apply throughout RCW 26.09.405 through 26.09.560 and
26.09.260 unless the context clearly requires otherwise.
(1) "Court order" means a temporary or permanent
parenting plan, custody order, visitation order, or other order
governing the residence of a child under this title.
(2) "Relocate" means a change in principal residence
either permanently or for a protracted period of time. [2000
c 21 § 2.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.420 Grant of authority. When entering or
modifying a court order, the court has the authority to allow
or not allow a person to relocate the child. [2000 c 21 § 4.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
(2002 Ed.)
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.460 Limitation of notices. (1) If a person
intending to relocate the child is entering a domestic violence shelter due to the danger imposed by another person,
notice may be delayed for twenty-one days. This section
shall not be construed to compel the disclosure by any
domestic violence shelter of information protected by
confidentiality except as provided by RCW 70.123.075 or
equivalent laws of the state in which the shelter is located.
(2) If a person intending to relocate the child is a
participant in the address confidentiality program pursuant to
chapter 40.24 RCW or has a court order which permits the
party to withhold some or all of the information required by
[Title 26 RCW—page 25]
26.09.460
Title 26 RCW: Domestic Relations
RCW 26.09.440(2)(b), the confidential or protected information is not required to be given with the notice.
(3) If a person intending to relocate the child is relocating to avoid a clear, immediate, and unreasonable risk to the
health or safety of a person or the child, notice may be
delayed for twenty-one days.
(4) A person intending to relocate the child who
believes that his or her health or safety or the health or
safety of the child would be unreasonably put at risk by
notice or disclosure of certain information in the notice may
request an ex parte hearing with the court to have all or part
of the notice requirements waived. If the court finds that the
health or safety of a person or a child would be unreasonably put at risk by notice or the disclosure of certain
information in the notice, the court may:
(a) Order that the notice requirements be less than
complete or waived to the extent necessary to protect
confidentiality or the health or safety of a person or child; or
(b) Provide such other relief as the court finds necessary
to facilitate the legitimate needs of the parties and the best
interests of the child under the circumstances.
(5) This section does not deprive a person entitled to
residential time or visitation with a child under a court order
the opportunity to object to the intended relocation of the
child or the proposed revised residential schedule before the
relocation occurs. [2000 c 21 § 8.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.470 Failure to give notice. (1) The failure to
provide the required notice is grounds for sanctions, including contempt if applicable.
(2) In determining whether a person has failed to
comply with the notice requirements for the purposes of this
section, the court may consider whether:
(a) The person has substantially complied with the
notice requirements;
(b) The court order in effect at the time of the relocation
was issued prior to June 8, 2000, and the person substantially complied with the notice requirements, if any, in the
existing order;
(c) A waiver of notice was granted;
(d) A person entitled to receive notice was substantially
harmed; and
(e) Any other factor the court deems relevant.
(3) A person entitled to file an objection to the intended
relocation of the child may file such objection whether or
not the person has received proper notice. [2000 c 21 § 9.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.480 Objection to relocation or proposed
revised residential schedule. (1) A party objecting to the
intended relocation of the child or the relocating parent’s
proposed revised residential schedule shall do so by filing
the objection with the court and serving the objection on the
relocating party and all other persons entitled by court order
to residential time or visitation with the child by means of
personal service or mailing by any form of mail requiring a
return receipt to the relocating party at the address designated for service on the notice of intended relocation and to
[Title 26 RCW—page 26]
other parties requiring notice at their mailing address. The
objection must be filed and served, including a three-day
waiting period if the objection is served by mail, within
thirty days of receipt of the notice of intended relocation of
the child. The objection shall be in the form of: (a) A
petition for modification of the parenting plan pursuant to
relocation; or (b) other court proceeding adequate to provide
grounds for relief.
(2) Unless the special circumstances described in RCW
26.09.460 apply, the person intending to relocate the child
shall not, without a court order, change the principal residence of the child during the period in which a party may
object. The order required under this subsection may be
obtained ex parte. If the objecting party notes a court
hearing to prevent the relocation of the child for a date not
more than fifteen days following timely service of an
objection to relocation, the party intending to relocate the
child shall not change the principal residence of the child
pending the hearing unless the special circumstances described in RCW 26.09.460(3) apply.
(3) The administrator for the courts shall develop a
standard form, separate from existing dissolution or modification forms, for use in filing an objection to relocation of
the child or objection of the relocating person’s proposed
revised residential schedule. [2000 c 21 § 10.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.490 Required provision in residential orders.
Unless waived by court order, after June 8, 2000, every
court order shall include a clear restatement of the provisions
in RCW 26.09.430 through 26.09.480. [2000 c 21 § 11.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.500 Failure to object. (1) Except for good
cause shown, if a person entitled to object to the relocation
of the child does not file an objection with the court within
thirty days after receipt of the relocation notice, then the
relocation of the child shall be permitted.
(2) A nonobjecting person shall be entitled to the
residential time or visitation with the child specified in the
proposed residential schedule included with the relocation
notice.
(3) Any person entitled to residential time or visitation
with a child under a court order retains his or her right to
move for modification under RCW 26.09.260.
(4) If a person entitled to object to the relocation of the
child does not file an objection with the court within thirty
days after receipt of the relocation notice, a person entitled
to residential time with the child may not be held in contempt of court for any act or omission that is in compliance
with the proposed revised residential schedule set forth in the
notice given.
(5) Any party entitled to residential time or visitation
with the child under a court order may, after thirty days have
elapsed since the receipt of the notice, obtain ex parte and
file with the court an order modifying the residential
schedule in conformity with the relocating party’s proposed
residential schedule specified in the notice upon filing a copy
of the notice and proof of service of such notice. A party
(2002 Ed.)
Dissolution of Marriage—Legal Separation
may obtain ex parte and file with the court an order modifying the residential schedule in conformity with the proposed
residential schedule specified in the notice before the thirty
days have elapsed if the party files a copy of the notice,
proof of service of such notice, and proof that no objection
will be filed. [2000 c 21 § 12.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.510 Temporary orders. (1) The court may
grant a temporary order restraining relocation of the child, or
ordering return of the child if the child’s relocation has
occurred, if the court finds:
(a) The required notice of an intended relocation of the
child was not provided in a timely manner and the
nonrelocating party was substantially prejudiced;
(b) The relocation of the child has occurred without
agreement of the parties, court order, or the notice required
by RCW 26.09.405 through 26.09.560 and the chapter 21,
Laws of 2000 amendments to RCW 26.09.260, 26.10.190,
and 26.26.160; or
(c) After examining evidence presented at a hearing for
temporary orders in which the parties had adequate opportunity to prepare and be heard, there is a likelihood that on
final hearing the court will not approve the intended relocation of the child or no circumstances exist sufficient to
warrant a relocation of the child prior to a final determination at trial.
(2) The court may grant a temporary order authorizing
the intended relocation of the child pending final hearing if
the court finds:
(a) The required notice of an intended relocation of the
child was provided in a timely manner or that the circumstances otherwise warrant issuance of a temporary order in
the absence of compliance with the notice requirements and
issues an order for a revised schedule for residential time
with the child; and
(b) After examining the evidence presented at a hearing
for temporary orders in which the parties had adequate
opportunity to prepare and be heard, there is a likelihood that
on final hearing the court will approve the intended relocation of the child. [2000 c 21 § 13.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.520 Basis for determination. The person
proposing to relocate with the child shall provide his or her
reasons for the intended relocation. There is a rebuttable
presumption that the intended relocation of the child will be
permitted. A person entitled to object to the intended
relocation of the child may rebut the presumption by
demonstrating that the detrimental effect of the relocation
outweighs the benefit of the change to the child and the
relocating person, based upon the following factors. The
factors listed in this section are not weighted. No inference
is to be drawn from the order in which the following factors
are listed:
(1) The relative strength, nature, quality, extent of
involvement, and stability of the child’s relationship with
each parent, siblings, and other significant persons in the
child’s life;
(2002 Ed.)
26.09.500
(2) Prior agreements of the parties;
(3) Whether disrupting the contact between the child and
the person with whom the child resides a majority of the
time would be more detrimental to the child than disrupting
contact between the child and the person objecting to the
relocation;
(4) Whether either parent or a person entitled to
residential time with the child is subject to limitations under
RCW 26.09.191;
(5) The reasons of each person for seeking or opposing
the relocation and the good faith of each of the parties in
requesting or opposing the relocation;
(6) The age, developmental stage, and needs of the
child, and the likely impact the relocation or its prevention
will have on the child’s physical, educational, and emotional
development, taking into consideration any special needs of
the child;
(7) The quality of life, resources, and opportunities
available to the child and to the relocating party in the
current and proposed geographic locations;
(8) The availability of alternative arrangements to foster
and continue the child’s relationship with and access to the
other parent;
(9) The alternatives to relocation and whether it is
feasible and desirable for the other party to relocate also;
(10) The financial impact and logistics of the relocation
or its prevention; and
(11) For a temporary order, the amount of time before
a final decision can be made at trial. [2000 c 21 § 14.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.530 Factor not to be considered. In determining whether to permit or restrain the relocation of the child,
the court may not admit evidence on the issue of whether the
person seeking to relocate the child will forego his or her
own relocation if the child’s relocation is not permitted or
whether the person opposing relocation will also relocate if
the child’s relocation is permitted. The court may admit and
consider such evidence after it makes the decision to allow
or restrain relocation of the child and other parenting,
custody, or visitation issues remain before the court, such as
what, if any, modifications to the parenting plan are appropriate and who the child will reside with the majority of the
time if the court has denied relocation of the child and the
person is relocating without the child. [2000 c 21 § 15.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.540 Objections by nonparents. A court may
not restrict the right of a parent to relocate the child when
the sole objection to the relocation is from a third party,
unless that third party is entitled to residential time or
visitation under a court order and has served as the primary
residential care provider to the child for a substantial period
of time during the thirty-six consecutive months preceding
the intended relocation. [2000 c 21 § 16.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
[Title 26 RCW—page 27]
26.09.550
Title 26 RCW: Domestic Relations
26.09.550 Sanctions. The court may sanction a party
if it finds that a proposal to relocate the child or an objection
to an intended relocation or proposed revised residential
schedule was made to harass a person, to interfere in bad
faith with the relationship between the child and another
person entitled to residential time or visitation with the child,
or to unnecessarily delay or needlessly increase the cost of
litigation. [2000 c 21 § 17.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.560 Priority for hearing. A hearing involving
relocations or intended relocations of children shall be
accorded priority on the court’s motion calendar and trial
docket. [2000 c 21 § 18.]
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.09.900 Construction—Pending divorce actions.
Notwithstanding the repeals of prior laws enumerated in
section 30, chapter 157, Laws of 1973 1st ex. sess., actions
for divorce which were properly and validly pending in the
superior courts of this state as of the effective date of such
repealer (July 15, 1973) shall be governed and may be
pursued to conclusion under the provisions of law applicable
thereto at the time of commencement of such action and all
decrees and orders heretofore or hereafter in all other
respects regularly entered in such proceedings are declared
valid: PROVIDED, That upon proper cause being shown at
any time before final decree, the court may convert such
action to an action for dissolution of marriage as provided
for in RCW 26.09.901. [1974 ex.s. c 15 § 1.]
(2) The enactment of the 1987 revisions to this chapter
does not constitute substantially changed circumstances for
the purposes of modifying decrees entered under this chapter
in actions commenced prior to January 1, 1988, involving
child custody, visitation, or child support. Any action to
modify any decree involving child custody, visitation, child
support, or a parenting plan shall be governed by the
provisions of this chapter.
(3) Actions brought for clarification or interpretation of
decrees entered under this chapter in actions commenced
prior to January 1, 1988, shall be determined under the law
in effect immediately prior to January 1, 1988. [1990 1st
ex.s. c 2 § 16; 1989 c 375 § 18; 1987 c 460 § 24.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.09.910 Short title—1987 c 460. This act shall be
known as the parenting act of 1987. [1987 c 460 § 57.]
26.09.911 Section captions—1987 c 460. Section
captions as used in this act do not constitute any part of the
law. [1987 c 460 § 58.]
26.09.912 Effective date—1987 c 460. This act shall
take effect on January 1, 1988. [1987 c 460 § 59.]
26.09.913 Severability—1987 c 460. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of this act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 460 § 60.]
26.09.901 Conversion of pending action to dissolution proceeding. Any divorce action which was filed prior
to July 15, 1973 and for which a final decree has not been
entered on February 11, 1974, may, upon order of the superior court having jurisdiction over such proceeding for good
cause shown, be converted to a dissolution proceeding and
thereafter be continued under the provisions of this chapter.
[1974 ex.s. c 15 § 2.]
26.09.914 Severability—1989 c 375. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 375 § 33.]
26.09.902 RCW 26.09.900 and 26.09.901 deemed in
effect on July 16, 1973. The provisions of RCW 26.09.900
and 26.09.901 are remedial and procedural and shall be
construed to have been in effect as of July 16, 1973. [1974
ex.s. c 15 § 3.]
Sections
26.10.010
26.10.015
26.10.020
26.09.907 Construction—Pending actions as of
January 1, 1988. Notwithstanding the repeals of prior laws,
actions which were properly and validly pending in the
superior courts of this state as of January 1, 1988, shall not
be governed by chapter 460, Laws of 1987 but shall be
governed by the provisions of law in effect on December 31,
1987. [1989 c 375 § 17; 1987 c 460 § 23.]
26.10.040
26.09.909 Decrees entered into prior to January 1,
1988. (1) Decrees under this chapter involving child
custody, visitation, or child support entered in actions
commenced prior to January 1, 1988, shall be deemed to be
parenting plans for purposes of this chapter.
26.10.080
26.10.090
[Title 26 RCW—page 28]
Chapter 26.10
NONPARENTAL ACTIONS FOR CHILD CUSTODY
26.10.030
26.10.045
26.10.050
26.10.060
26.10.070
Intent.
Mandatory use of approved forms.
Civil practice to govern—Designation of proceedings—
Decrees.
Child custody proceeding—Commencement—Notice—
Intervention.
Provisions for child support, custody, and visitation—
Federal tax exemption—Continuing restraining orders—
Domestic violence or antiharassment protection orders—
Notice of modification or termination of restraining
order.
Child support schedule.
Child support by parents—Apportionment of expense.
Health insurance coverage—Conditions.
Minor or dependent child—Court appointed attorney to
represent—Payment of costs, fees, and disbursements.
Payment of costs, attorney’s fees, etc.
Failure to comply with decree or temporary injunction—
Obligation to make support payments or permit visitation not suspended—Motion.
(2002 Ed.)
Nonparental Actions for Child Custody
26.10.100
26.10.110
26.10.115
Determination of custody—Child’s best interests.
Temporary custody order—Vacation of order.
Temporary orders—Support—Restraining orders—Domestic
violence or antiharassment protection orders—Notice of
modification or termination of restraining order—
Preservation of support debt.
26.10.120 Interview with child by court—Advice of professional personnel.
26.10.130 Investigation and report.
26.10.140 Hearing—Record—Expenses of witnesses.
26.10.150 Access to child’s education and medical records.
26.10.160 Visitation rights—Limitations.
26.10.170 Powers and duties of custodian—Supervision by appropriate
agency when necessary.
26.10.180 Remedies when a child is taken, enticed, or concealed.
26.10.190 Petitions for modification and proceedings concerning relocation of child—Assessment of attorneys’ fees.
26.10.195 Modification of child support order—Child support order
summary report.
26.10.200 Temporary custody order or modification of custody decree—Affidavits required.
26.10.210 Venue.
26.10.220 Restraining orders—Notice—Refusal to comply—Arrest—
Penalty—Defense—Peace officers, immunity.
26.10.910 Short title—1987 c 460.
26.10.911 Section captions—1987 c 460.
26.10.912 Effective date—1987 c 460.
26.10.913 Severability—1987 c 460.
Child support registry: Chapter 26.23 RCW.
26.10.010 Intent. It is the intent of the legislature to
reenact and continue the law relating to third-party actions
involving custody of minor children in order to distinguish
that body of law from the *1987 parenting act amendments
to chapter 26.09 RCW, which previously contained these
provisions. [1987 c 460 § 25.]
*Reviser’s note: For codification of the 1987 parenting act, 1987 c
460, see Codification Tables, Volume 0.
26.10.015 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under
this chapter unless on forms approved by the administrator
for the courts.
(2) The parties shall comply with requirements for
submission to the court of forms as provided in RCW
26.18.220. [1992 c 229 § 4; 1990 1st ex.s. c 2 § 27.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.10.020 Civil practice to govern—Designation of
proceedings—Decrees. (1) Except as otherwise specifically
provided in this chapter, the practice in civil action shall
govern all proceedings under this chapter, except that trial by
jury is dispensed with.
(2) In cases where a party other than a parent seeks
custody of a minor child, a separate custody proceeding shall
be entitled "In re the custody of . . . . . ."
(3) The initial pleading in all proceedings under this
chapter shall be denominated a petition. A responsive
pleading shall be denominated a response. Other pleadings,
and all pleadings in other matters under this chapter shall be
denominated as provided in the civil rules for superior court.
[1987 c 460 § 26.]
(2002 Ed.)
Chapter 26.10
26.10.030
Child custody proceeding—
Commencement—Notice—Intervention. (1) Except as
authorized for proceedings brought under chapter 13.34
RCW, or chapter 26.50 RCW in district or municipal courts,
a child custody proceeding is commenced in the superior
court by a person other than a parent, by filing a petition
seeking custody of the child in the county where the child is
permanently resident or where the child is found, but only if
the child is not in the physical custody of one of its parents
or if the petitioner alleges that neither parent is a suitable
custodian. In proceedings in which the juvenile court has
not exercised concurrent jurisdiction and prior to a child
custody hearing, the court shall determine if the child is the
subject of a pending dependency action.
(2) Notice of a child custody proceeding shall be given
to the child’s parent, guardian and custodian, who may
appear and be heard and may file a responsive pleading.
The court may, upon a showing of good cause, permit the
intervention of other interested parties. [2000 c 135 § 3;
1998 c 130 § 4; 1987 c 460 § 27.]
26.10.040 Provisions for child support, custody, and
visitation—Federal tax exemption—Continuing restraining orders—Domestic violence or antiharassment protection orders—Notice of modification or termination of
restraining order. (1) In entering an order under this
chapter, the court shall consider, approve, or make provision
for:
(a) Child custody, visitation, and the support of any
child entitled to support;
(b) The allocation of the children as a federal tax
exemption;
(c) Any necessary continuing restraining orders, including the provisions contained in RCW 9.41.800;
(d) A domestic violence protection order under chapter
26.50 RCW or an antiharassment protection order under
chapter 10.14 RCW. The court may grant any of the relief
provided in RCW 26.50.060 except relief pertaining to
residential provisions for the children which provisions shall
be provided for under this chapter, and any of the relief
provided in RCW 10.14.080;
(e) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within,
a specified distance of a location, shall prominently bear on
the front page of the order the legend: VIOLATION OF
THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS
IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50
RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(2) The court shall order that any restraining order
bearing a criminal offense legend, any domestic violence
protection order, or any antiharassment protection order
granted under this section, in addition to the law enforcement
information sheet or proof of service of the order, be
forwarded by the clerk of the court on or before the next
judicial day to the appropriate law enforcement agency specified in the order. Upon receipt of the order, the law
enforcement agency shall enter the order into any computer[Title 26 RCW—page 29]
26.10.040
Title 26 RCW: Domestic Relations
based criminal intelligence information system available in
this state used by law enforcement agencies to list outstanding warrants. The order is fully enforceable in any
county in the state.
(3) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2000 c 119 § 8; 1995 c 93 § 3; 1994 sp.s.
c 7 § 453; 1989 c 375 § 31; 1987 c 460 § 28.]
26.10.070 Minor or dependent child—Court
appointed attorney to represent—Payment of costs, fees,
and disbursements. The court may appoint an attorney to
represent the interests of a minor or dependent child with
respect to custody, support, and visitation. The court shall
enter an order for costs, fees, and disbursements in favor of
the child’s attorney. The order shall be made against any or
all parties, except that, if all parties are indigent, the costs,
fees, and disbursements shall be borne by the county. [1989
c 375 § 20; 1987 c 460 § 31.]
Application—2000 c 119: See note following RCW 26.50.021.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
26.10.080 Payment of costs, attorney’s fees, etc.
The court from time to time, after considering the financial
resources of all parties, may order a party to pay a reasonable amount for the cost to the other party of maintaining or
defending any proceeding under this chapter and for reasonable attorney’s fees or other professional fees in connection
therewith, including sums for legal services rendered and
costs incurred prior to the commencement of the proceeding
or enforcement or modification proceedings after entry of
judgment.
Upon any appeal, the appellate court may, in its
discretion, order a party to pay for the cost to the other party
of maintaining the appeal and attorney’s fees in addition to
statutory costs.
The court may order that the attorney’s fees be paid
directly to the attorney who may enforce the order in his or
her name. [1987 c 460 § 35.]
26.10.045 Child support schedule. A determination
of child support shall be based upon the child support
schedule and standards adopted under *RCW 26.19.040.
[1988 c 275 § 12.]
*Reviser’s note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 §
8, effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.10.050
Child support by parents—
Apportionment of expense. In a custody proceeding, the
court may order either or both parents owing a duty of
support to any child of the marriage dependent upon either
or both spouses to pay an amount reasonable or necessary
for the child’s support. [1987 c 460 § 29.]
26.10.060 Health insurance coverage—Conditions.
In entering or modifying a custody order under this chapter,
the court shall require either or both parents to maintain or
provide health insurance coverage for any dependent child if
the following conditions are met:
(1) Health insurance that can be extended to cover the
child is available to that parent through an employer or other
organization; and
(2) The employer or other organization offering health
insurance will contribute all or a part of the premium for
coverage of the child.
A parent who is required to extend insurance coverage
to a child under this section is liable for any covered health
care costs for which the parent receives direct payment from
an insurer.
This section shall not be construed to limit the authority
of the court to enter or modify support orders containing
provisions for payment of medical expenses, medical costs,
or insurance premiums which are in addition to and not
inconsistent with this section. "Health insurance" as used in
this section does not include medical assistance provided
under chapter 74.09 RCW. [1989 c 375 § 19; 1987 c 460 §
30.]
Severability—1989 c 375: See RCW 26.09.914.
[Title 26 RCW—page 30]
Severability—1989 c 375: See RCW 26.09.914.
26.10.090 Failure to comply with decree or temporary injunction—Obligation to make support payments
or permit visitation not suspended—Motion. If a party
fails to comply with a provision of an order or temporary
order of injunction, the obligation of the other party to make
payments for support or to permit visitation is not suspended, but the party may move the court to grant an appropriate
order. [1987 c 460 § 36.]
26.10.100 Determination of custody—Child’s best
interests. The court shall determine custody in accordance
with the best interests of the child. [1987 c 460 § 38.]
26.10.110 Temporary custody order—Vacation of
order. A party to a custody proceeding may move for a
temporary custody order. The motion must be supported by
an affidavit as provided in RCW 26.10.200. The court may
award temporary custody after a hearing, or, if there is no
objection, solely on the basis of the affidavits.
If a custody proceeding commenced under this chapter
is dismissed, any temporary order is vacated. [1987 c 460
§ 39.]
26.10.115 Temporary orders—Support—
Restraining orders—Domestic violence or antiharassment
protection orders—Notice of modification or termination
of restraining order—Preservation of support debt. (1)
In a proceeding under this chapter either party may file a
motion for temporary support of children entitled to support.
The motion shall be accompanied by an affidavit setting
(2002 Ed.)
Nonparental Actions for Child Custody
forth the factual basis for the motion and the amount
requested.
(2) In a proceeding under this chapter either party may
file a motion for a temporary restraining order or preliminary
injunction, providing relief proper in the circumstances, and
restraining or enjoining any person from:
(a) Molesting or disturbing the peace of the other party
or of any child;
(b) Entering the family home or the home of the other
party upon a showing of the necessity therefor;
(c) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(3) Either party may request a domestic violence
protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on
a temporary basis. The court may grant any of the relief
provided in RCW 26.50.060 except relief pertaining to
residential provisions for the children which provisions shall
be provided for under this chapter, and any of the relief
provided in RCW 10.14.080. Ex parte orders issued under
this subsection shall be effective for a fixed period not to
exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary
motions in the case can be heard at the same time.
(4) In issuing the order, the court shall consider the
provisions of RCW 9.41.800.
(5) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that
irreparable injury could result if an order is not issued until
the time for responding has elapsed.
(6) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary support in
such amounts and on such terms as are just and proper in the
circumstances.
(7) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within,
a specified distance of a location, shall prominently bear on
the front page of the order the legend: VIOLATION OF
THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS
IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50
RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(8) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic
violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the
order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. Entry into the
computer-based criminal intelligence information system
constitutes notice to all law enforcement agencies of the
existence of the order. The order is fully enforceable in any
county in the state.
(2002 Ed.)
26.10.115
(9) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the
proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when
the motion is dismissed;
(d) May be entered in a proceeding for the modification
of an existing order.
(11) A support debt owed to the state for public
assistance expenditures which has been charged against a
party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall
not be merged in, or otherwise extinguished by, the final
decree or order, unless the office of support enforcement has
been given notice of the final proceeding and an opportunity
to present its claim for the support debt to the court and has
failed to file an affidavit as provided in this subsection.
Notice of the proceeding shall be served upon the office of
support enforcement personally, or by certified mail, and
shall be given no fewer than thirty days prior to the date of
the final proceeding. An original copy of the notice shall be
filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may
present its claim, and thereby preserve the support debt, by
filing an affidavit setting forth the amount of the debt with
the court, and by mailing a copy of the affidavit to the
parties or their attorney prior to the date of the final proceeding. [2000 c 119 § 9; 1995 c 246 § 29; 1994 sp.s. c 7 §
454; 1989 c 375 § 32.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
26.10.120 Interview with child by court—Advice of
professional personnel. The court may interview the child
in chambers to ascertain the child’s wishes as to his or her
custodian and as to visitation privileges. The court may
permit counsel to be present at the interview. The court
shall cause a record of the interview to be made and to be
made part of the record in the case.
The court may seek the advice of professional personnel
whether or not they are employed on a regular basis by the
court. The advice given shall be in writing and shall be
made available by the court to counsel upon request.
Counsel may call for cross-examination any professional
personnel consulted by the court. [1987 c 460 § 40.]
26.10.130 Investigation and report. (1) In contested
custody proceedings, and in other custody proceedings if a
[Title 26 RCW—page 31]
26.10.130
Title 26 RCW: Domestic Relations
parent or the child’s custodian so requests, the court may
order an investigation and report concerning custodian
arrangements for the child, or may appoint a guardian ad
litem pursuant to RCW 26.12.175, or both. The investigation and report may be made by the guardian ad litem, the
staff of the juvenile court, or other professional social
service organization experienced in counseling children and
families.
(2) In preparing the report concerning a child, the
investigator may consult any person who may have information about the child and potential custodian arrangements.
Upon order of the court, the investigator may refer the child
to professional personnel for diagnosis. The investigator
may consult with and obtain information from medical,
psychiatric, or other expert persons who have served the
child in the past without obtaining the consent of the parent
or the child’s custodian; but the child’s consent must be
obtained if the child has reached the age of twelve, unless
the court finds that the child lacks mental capacity to
consent. If the requirements of subsection (3) of this section
are fulfilled, the investigator’s report may be received in
evidence at the hearing.
(3) The investigator shall mail the investigator’s report
to counsel and to any party not represented by counsel at
least ten days prior to the hearing unless a shorter time is
ordered by the court for good cause shown. The investigator
shall make available to counsel and to any party not represented by counsel the investigator’s file of underlying data
and reports, complete texts of diagnostic reports made to the
investigator pursuant to the provisions of subsection (2) of
this section, and the names and addresses of all persons
whom the investigator has consulted. Any party to the
proceeding may call the investigator and any person whom
the investigator has consulted for cross-examination. A
party may not waive the right of cross-examination prior to
the hearing. [1993 c 289 § 2; 1987 c 460 § 41.]
26.10.140 Hearing—Record—Expenses of witnesses.
Custody proceedings shall receive priority in being set for
hearing.
A party may petition the court to authorize the payment
of necessary travel and other expenses incurred by any
witness whose presence at the hearing the court deems
necessary to determine the best interests of the child.
The court without a jury shall determine questions of
law and fact. If it finds that a public hearing may be
detrimental to the child’s best interests, the court may
exclude the public from a custody hearing, but may admit
any person who has a direct and legitimate interest in the
work of the court.
If the court finds it necessary to protect the child’s
welfare that the record of any interview, report, investigation, or testimony in a custody proceeding be kept secret, the
court may make an appropriate order sealing the record.
[1987 c 460 § 42.]
26.10.150 Access to child’s education and medical
records. Each parent shall have full and equal access to the
education and medical records of the child absent a court
order to the contrary. [1987 c 460 § 43.]
[Title 26 RCW—page 32]
26.10.160 Visitation rights—Limitations. (1) A
parent not granted custody of the child is entitled to reasonable visitation rights except as provided in subsection (2) of
this section.
(2)(a) Visitation with the child shall be limited if it is
found that the parent seeking visitation has engaged in any
of the following conduct: (i) Willful abandonment that
continues for an extended period of time or substantial
refusal to perform parenting functions; (ii) physical, sexual,
or a pattern of emotional abuse of a child; (iii) a history of
acts of domestic violence as defined in RCW 26.50.010(1)
or an assault or sexual assault which causes grievous bodily
harm or the fear of such harm; or (iv) the parent has been
convicted as an adult of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (d) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the
difference in age between the offender and the victim, no
rebuttable presumption exists under (d) of this subsection;
(H) Chapter 9.68A RCW;
(I) Any predecessor or antecedent statute for the
offenses listed in (a)(iv)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (a)(iv)(A)
through (H) of this subsection.
This subsection (2)(a) shall not apply when (c) or (d) of
this subsection applies.
(b) The parent’s visitation with the child shall be limited
if it is found that the parent resides with a person who has
engaged in any of the following conduct: (i) Physical,
sexual, or a pattern of emotional abuse of a child; (ii) a
history of acts of domestic violence as defined in RCW
26.50.010(1) or an assault or sexual assault that causes
grievous bodily harm or the fear of such harm; or (iii) the
person has been convicted as an adult or as a juvenile has
been adjudicated of a sex offense under:
(A) RCW 9A.44.076 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(B) RCW 9A.44.079 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(C) RCW 9A.44.086 if, because of the difference in age
between the offender and the victim, no rebuttable presumption exists under (e) of this subsection;
(D) RCW 9A.44.089;
(E) RCW 9A.44.093;
(F) RCW 9A.44.096;
(G) RCW 9A.64.020 (1) or (2) if, because of the
difference in age between the offender and the victim, no
rebuttable presumption exists under (e) of this subsection;
(H) Chapter 9.68A RCW;
(2002 Ed.)
Nonparental Actions for Child Custody
(I) Any predecessor or antecedent statute for the
offenses listed in (b)(iii)(A) through (H) of this subsection;
(J) Any statute from any other jurisdiction that describes
an offense analogous to the offenses listed in (b)(iii)(A)
through (H) of this subsection.
This subsection (2)(b) shall not apply when (c) or (e) of
this subsection applies.
(c) If a parent has been found to be a sexual predator
under chapter 71.09 RCW or under an analogous statute of
any other jurisdiction, the court shall restrain the parent from
contact with a child that would otherwise be allowed under
this chapter. If a parent resides with an adult or a juvenile
who has been found to be a sexual predator under chapter
71.09 RCW or under an analogous statute of any other
jurisdiction, the court shall restrain the parent from contact
with the parent’s child except contact that occurs outside that
person’s presence.
(d) There is a rebuttable presumption that a parent who
has been convicted as an adult of a sex offense listed in
(d)(i) through (ix) of this subsection poses a present danger
to a child. Unless the parent rebuts this presumption, the
court shall restrain the parent from contact with a child that
would otherwise be allowed under this chapter:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (d)(i) through (vii) of this subsection;
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (d)(i)
through (vii) of this subsection.
(e) There is a rebuttable presumption that a parent who
resides with a person who, as an adult, has been convicted,
or as a juvenile has been adjudicated, of the sex offenses
listed in (e)(i) through (ix) of this subsection places a child
at risk of abuse or harm when that parent exercises visitation
in the presence of the convicted or adjudicated person.
Unless the parent rebuts the presumption, the court shall
restrain the parent from contact with the parent’s child
except for contact that occurs outside of the convicted or
adjudicated person’s presence:
(i) RCW 9A.64.020 (1) or (2), provided that the person
convicted was at least five years older than the other person;
(ii) RCW 9A.44.073;
(iii) RCW 9A.44.076, provided that the person convicted
was at least eight years older than the victim;
(iv) RCW 9A.44.079, provided that the person convicted
was at least eight years older than the victim;
(v) RCW 9A.44.083;
(vi) RCW 9A.44.086, provided that the person convicted
was at least eight years older than the victim;
(vii) RCW 9A.44.100;
(viii) Any predecessor or antecedent statute for the
offenses listed in (e)(i) through (vii) of this subsection;
(2002 Ed.)
26.10.160
(ix) Any statute from any other jurisdiction that describes an offense analogous to the offenses listed in (e)(i)
through (vii) of this subsection.
(f) The presumption established in (d) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense
committed by the parent requesting visitation, (A) contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, and (B) the offending parent
has successfully engaged in treatment for sex offenders or is
engaged in and making progress in such treatment, if any
was ordered by a court, and the treatment provider believes
such contact is appropriate and poses minimal risk to the
child; or
(ii) If the child was the victim of the sex offense
committed by the parent requesting visitation, (A) contact
between the child and the offending parent is appropriate and
poses minimal risk to the child, (B) if the child is in or has
been in therapy for victims of sexual abuse, the child’s counselor believes such contact between the child and the
offending parent is in the child’s best interest, and (C) the
offending parent has successfully engaged in treatment for
sex offenders or is engaged in and making progress in such
treatment, if any was ordered by a court, and the treatment
provider believes such contact is appropriate and poses
minimal risk to the child.
(g) The presumption established in (e) of this subsection
may be rebutted only after a written finding that:
(i) If the child was not the victim of the sex offense
committed by the person who is residing with the parent
requesting visitation, (A) contact between the child and the
parent residing with the convicted or adjudicated person is
appropriate and that parent is able to protect the child in the
presence of the convicted or adjudicated person, and (B) the
convicted or adjudicated person has successfully engaged in
treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court,
and the treatment provider believes such contact is appropriate and poses minimal risk to the child; or
(ii) If the child was the victim of the sex offense
committed by the person who is residing with the parent
requesting visitation, (A) contact between the child and the
parent in the presence of the convicted or adjudicated person
is appropriate and poses minimal risk to the child, (B) if the
child is in or has been in therapy for victims of sexual
abuse, the child’s counselor believes such contact between
the child and the parent residing with the convicted or
adjudicated person in the presence of the convicted or
adjudicated person is in the child’s best interest, and (C) the
convicted or adjudicated person has successfully engaged in
treatment for sex offenders or is engaged in and making
progress in such treatment, if any was ordered by a court,
and the treatment provider believes contact between the
parent and child in the presence of the convicted or adjudicated person is appropriate and poses minimal risk to the
child.
(h) If the court finds that the parent has met the burden
of rebutting the presumption under (f) of this subsection, the
court may allow a parent who has been convicted as an adult
of a sex offense listed in (d)(i) through (ix) of this subsection to have visitation with the child supervised by a neutral
and independent adult and pursuant to an adequate plan for
[Title 26 RCW—page 33]
26.10.160
Title 26 RCW: Domestic Relations
supervision of such visitation. The court shall not approve
of a supervisor for contact between the child and the parent
unless the court finds, based on the evidence, that the
supervisor is willing and capable of protecting the child from
harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor
has failed to protect the child or is no longer willing or
capable of protecting the child.
(i) If the court finds that the parent has met the burden
of rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who has
been adjudicated as a juvenile of a sex offense listed in (e)(i)
through (ix) of this subsection to have visitation with the
child in the presence of the person adjudicated as a juvenile,
supervised by a neutral and independent adult and pursuant
to an adequate plan for supervision of such visitation. The
court shall not approve of a supervisor for contact between
the child and the parent unless the court finds, based on the
evidence, that the supervisor is willing and capable of
protecting the child from harm. The court shall revoke court
approval of the supervisor upon finding, based on the
evidence, that the supervisor has failed to protect the child
or is no longer willing or capable of protecting the child.
(j) If the court finds that the parent has met the burden
of rebutting the presumption under (g) of this subsection, the
court may allow a parent residing with a person who, as an
adult, has been convicted of a sex offense listed in (e)(i)
through (ix) of this subsection to have visitation with the
child in the presence of the convicted person supervised by
a neutral and independent adult and pursuant to an adequate
plan for supervision of such visitation. The court shall not
approve of a supervisor for contact between the child and the
parent unless the court finds, based on the evidence, that the
supervisor is willing and capable of protecting the child from
harm. The court shall revoke court approval of the supervisor upon finding, based on the evidence, that the supervisor
has failed to protect the child or is no longer willing or
capable of protecting the child.
(k) A court shall not order unsupervised contact between
the offending parent and a child of the offending parent who
was sexually abused by that parent. A court may order
unsupervised contact between the offending parent and a
child who was not sexually abused by the parent after the
presumption under (d) of this subsection has been rebutted
and supervised visitation has occurred for at least two years
with no further arrests or convictions of sex offenses
involving children under chapter 9A.44 RCW, RCW
9A.64.020, or chapter 9.68A RCW and (i) the sex offense of
the offending parent was not committed against a child of
the offending parent, and (ii) the court finds that unsupervised contact between the child and the offending parent is
appropriate and poses minimal risk to the child, after
consideration of the testimony of a state-certified therapist,
mental health counselor, or social worker with expertise in
treating child sexual abuse victims who has supervised at
least one period of visitation between the parent and the
child, and after consideration of evidence of the offending
parent’s compliance with community supervision requirements, if any. If the offending parent was not ordered by a
court to participate in treatment for sex offenders, then the
parent shall obtain a psychosexual evaluation conducted by
a state-certified sex offender treatment provider indicating
[Title 26 RCW—page 34]
that the offender has the lowest likelihood of risk to reoffend
before the court grants unsupervised contact between the
parent and a child.
(l) A court may order unsupervised contact between the
parent and a child which may occur in the presence of a
juvenile adjudicated of a sex offense listed in (e)(i) through
(ix) of this subsection who resides with the parent after the
presumption under (e) of this subsection has been rebutted
and supervised visitation has occurred for at least two years
during which time the adjudicated juvenile has had no
further arrests, adjudications, or convictions of sex offenses
involving children under chapter 9A.44 RCW, RCW
9A.64.020, or chapter 9.68A RCW, and (i) the court finds
that unsupervised contact between the child and the parent
that may occur in the presence of the adjudicated juvenile is
appropriate and poses minimal risk to the child, after
consideration of the testimony of a state-certified therapist,
mental health counselor, or social worker with expertise in
treatment of child sexual abuse victims who has supervised
at least one period of visitation between the parent and the
child in the presence of the adjudicated juvenile, and after
consideration of evidence of the adjudicated juvenile’s
compliance with community supervision or parole requirements, if any. If the adjudicated juvenile was not ordered by
a court to participate in treatment for sex offenders, then the
adjudicated juvenile shall obtain a psychosexual evaluation
conducted by a state-certified sex offender treatment provider
indicating that the adjudicated juvenile has the lowest
likelihood of risk to reoffend before the court grants unsupervised contact between the parent and a child which may
occur in the presence of the adjudicated juvenile who is
residing with the parent.
(m)(i) The limitations imposed by the court under (a) or
(b) of this subsection shall be reasonably calculated to
protect the child from the physical, sexual, or emotional
abuse or harm that could result if the child has contact with
the parent requesting visitation. If the court expressly finds
based on the evidence that limitations on visitation with the
child will not adequately protect the child from the harm or
abuse that could result if the child has contact with the
parent requesting visitation, the court shall restrain the
person seeking visitation from all contact with the child.
(ii) The court shall not enter an order under (a) of this
subsection allowing a parent to have contact with a child if
the parent has been found by clear and convincing evidence
in a civil action or by a preponderance of the evidence in a
dependency action to have sexually abused the child, except
upon recommendation by an evaluator or therapist for the
child that the child is ready for contact with the parent and
will not be harmed by the contact. The court shall not enter
an order allowing a parent to have contact with the child in
the offender’s presence if the parent resides with a person
who has been found by clear and convincing evidence in a
civil action or by a preponderance of the evidence in a
dependency action to have sexually abused a child, unless
the court finds that the parent accepts that the person
engaged in the harmful conduct and the parent is willing to
and capable of protecting the child from harm from the
person.
(iii) If the court limits visitation under (a) or (b) of this
subsection to require supervised contact between the child
and the parent, the court shall not approve of a supervisor
(2002 Ed.)
Nonparental Actions for Child Custody
for contact between a child and a parent who has engaged in
physical, sexual, or a pattern of emotional abuse of the child
unless the court finds based upon the evidence that the
supervisor accepts that the harmful conduct occurred and is
willing to and capable of protecting the child from harm.
The court shall revoke court approval of the supervisor upon
finding, based on the evidence, that the supervisor has failed
to protect the child or is no longer willing to or capable of
protecting the child.
(n) If the court expressly finds based on the evidence
that contact between the parent and the child will not cause
physical, sexual, or emotional abuse or harm to the child and
that the probability that the parent’s or other person’s
harmful or abusive conduct will recur is so remote that it
would not be in the child’s best interests to apply the
limitations of (a), (b), and (m)(i) and (iii) of this subsection,
or if the court expressly finds that the parent’s conduct did
not have an impact on the child, then the court need not
apply the limitations of (a), (b), and (m)(i) and (iii) of this
subsection. The weight given to the existence of a protection order issued under chapter 26.50 RCW as to domestic
violence is within the discretion of the court. This subsection shall not apply when (c), (d), (e), (f), (g), (h), (i), (j),
(k), (l), and (m)(ii) of this subsection apply.
(3) Any person may petition the court for visitation
rights at any time including, but not limited to, custody
proceedings. The court may order visitation rights for any
person when visitation may serve the best interest of the
child whether or not there has been any change of circumstances.
(4) The court may modify an order granting or denying
visitation rights whenever modification would serve the best
interests of the child. Modification of a parent’s visitation
rights shall be subject to the requirements of subsection (2)
of this section.
(5) For the purposes of this section, a parent’s child
means that parent’s natural child, adopted child, or stepchild.
[1996 c 303 § 2; 1994 c 267 § 2; 1989 c 326 § 2; 1987 c
460 § 44.]
Effective date—1996 c 303: See note following RCW 26.09.191.
Effective date—1994 c 267: See note following RCW 26.09.191.
26.10.170 Powers and duties of custodian—
Supervision by appropriate agency when necessary.
Except as otherwise agreed by the parties in writing at the
time of the custody decree, the custodian may determine the
child’s upbringing, including education, health care, and
religious training, unless the court after hearing, finds, upon
motion by the noncustodial parent, that in the absence of a
specific limitation of the custodian’s authority, the child’s
physical, mental, or emotional health would be endangered.
If both parents or all contestants agree to the order, or
if the court finds that in the absence of the order the child’s
physical, mental, or emotional health would be endangered,
the court may order an appropriate agency which regularly
deals with children to exercise continuing supervision over
the case to assure that the custodial or visitation terms of the
decree are carried out. Such order may be modified by the
court at any time upon petition by either party. [1987 c 460
§ 45.]
(2002 Ed.)
26.10.160
26.10.180 Remedies when a child is taken, enticed,
or concealed. A relative, as defined in RCW 9A.40.010,
may bring civil action against any other relative who, with
intent to deny access to a child by another relative of the
child who has a right to physical custody of or visitation
with the child, takes, entices, or conceals the child from that
relative. The plaintiff may be awarded, in addition to any
damages awarded by the court, the reasonable expenses
incurred by the plaintiff in locating the child, including, but
not limited to, investigative services and reasonable
attorneys’ fees. [1989 c 375 § 21; 1987 c 460 § 46.]
Severability—1989 c 375: See RCW 26.09.914.
26.10.190 Petitions for modification and proceedings concerning relocation of child—Assessment of
attorneys’ fees. (1) The court shall hear and review
petitions for modifications of a parenting plan, custody order,
visitation order, or other order governing the residence of a
child, and conduct any proceedings concerning a relocation
of the residence where the child resides a majority of the
time, pursuant to chapter 26.09 RCW.
(2) If the court finds that a motion to modify a prior
custody decree has been brought in bad faith, the court shall
assess the attorney’s fees and court costs of the custodian
against the petitioner. [2000 c 21 § 21; 1989 c 375 § 24;
1987 c 460 § 47.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
Severability—1989 c 375: See RCW 26.09.914.
26.10.195 Modification of child support order—
Child support order summary report. The party seeking
the establishment or modification of a child support order
shall file with the clerk of the court the child support order
summary report. The summary report shall be on the form
developed by the administrator for the courts pursuant to
RCW 26.18.210. The party must complete the form and file
the form with the court order. The clerk of the court must
forward the form to the administrator for the courts on at
least a monthly basis. [1990 1st ex.s. c 2 § 24.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.10.200 Temporary custody order or modification
of custody decree—Affidavits required. A party seeking
a temporary custody order or modification of a custody
decree shall submit together with his or her motion, an
affidavit setting forth facts supporting the requested order or
modification and shall give notice, together with a copy of
the affidavit, to other parties to the proceedings, who may
file opposing affidavits. The court shall deny the motion
unless it finds that adequate cause for hearing the motion is
established by the affidavits, in which case it shall set a date
for hearing on an order to show cause why the requested
order or modification should not be granted. [1987 c 460 §
48.]
26.10.210 Venue. Every action or proceeding to
change, modify, or enforce any final order, judgment, or
decree heretofore or hereafter entered, whether under this
[Title 26 RCW—page 35]
26.10.210
Title 26 RCW: Domestic Relations
chapter or prior law, in relation to the care, custody, control,
or support of the minor children may be brought in the
county where the minor children are then residing, or in the
court in which the final order, judgment, or decree was
entered, or in the county where the parent or other person
who has the care, custody, or control of the children is then
residing. [1987 c 460 § 49.]
26.10.220 Restraining orders—Notice—Refusal to
comply—Arrest—Penalty—Defense—Peace officers,
immunity. (1) Whenever a restraining order is issued under
this chapter, and the person to be restrained knows of the
order, a violation of the provisions restricting the person
from acts or threats of violence or of a provision restraining
the person from going onto the grounds of or entering the
residence, workplace, school, or day care of another, or
prohibiting the person from knowingly coming within, or
knowingly remaining within, a specified distance of a
location, is punishable under RCW 26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person’s attorney
signed the order;
(b) The order recites that the person to be restrained or
the person’s attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written
evidence of the order by reading from it or handing to the
person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(b) Obtaining a certified copy of the order, certified to
be an accurate copy of the original by a notary public or by
the clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order has been issued under this
chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of
the order restraining the person from acts or threats of
violence or restraining the person from going onto the
grounds of or entering the residence, workplace, school, or
day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified
distance of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law
or court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this
section if the officer acts in good faith and without malice.
[Title 26 RCW—page 36]
[2000 c 119 § 22; 1999 c 184 § 11; 1996 c 248 § 10; 1995
c 246 § 30; 1987 c 460 § 50.]
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: See note following RCW 26.50.010.
26.10.910
26.09.910.
Short title—1987 c 460. See RCW
26.10.911
26.09.911.
Section captions—1987 c 460. See RCW
26.10.912
26.09.912.
Effective date—1987 c 460. See RCW
26.10.913
26.09.913.
Severability—1987 c 460. See RCW
Chapter 26.12
FAMILY COURT
Sections
26.12.010
Jurisdiction conferred on superior court—Family court proceeding defined.
26.12.020 Designation of judge—Number of sessions.
26.12.030 Transfer of cases to presiding judge.
26.12.040 Substitute judge of family court.
26.12.050 Family courts—Appointment of assistants.
26.12.060 Court commissioners—Duties.
26.12.070 Probation officers—Powers and duties.
26.12.080 Protection of privacy of parties.
26.12.160 When and where court may be convened.
26.12.170 Authority of family court judges and court commissioners to
order or recommend services—Report by court of child
abuse or neglect.
26.12.172 Parenting seminars—Rules.
26.12.175 Appointment of guardian ad litem—Independent investigation—Court-appointed special advocate program—
Background information—Review of appointment.
26.12.177 Guardians ad litem and investigators—Training—Registry—
Subregistry—Selection—Substitution—Exceptions.
26.12.180 Guardian ad litem, special advocate, or investigator—
Information discoverable—Confidentiality.
26.12.183 Guardian ad litem or investigator—Fees.
26.12.185 Guardian ad litem, special advocate, or investigator—
Release of information.
26.12.187 Guardian ad litem, special advocate, or investigator—Ex
parte communications—Removal.
26.12.190 Family court jurisdiction as to pending actions—Use of
family court services.
26.12.205 Priority for proceedings involving children.
26.12.215 Revision by the superior court.
26.12.220 Funding family court or family court services—Increase in
marriage license fee authorized—Family court services
program—Fees.
26.12.230 Joint family court services.
26.12.240 Courthouse facilitator program—Fee or surcharge.
26.12.800 Family court pilot program—Legislative recognition.
26.12.802 Family court pilot program—Created.
26.12.804 Family court pilot program—Rules.
Dissolution of marriage, legal separation, declarations concerning validity
of marriage: Chapter 26.09 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
(2002 Ed.)
Family Court
26.12.010 Jurisdiction conferred on superior
court—Family court proceeding defined. Each superior
court shall exercise the jurisdiction conferred by this chapter
and while sitting in the exercise of such jurisdiction shall be
known and referred to as the "family court." A family court
proceeding under this chapter is: (1) Any proceeding under
this title or any proceeding in which the family court is
requested to adjudicate or enforce the rights of the parties or
their children regarding the determination or modification of
parenting plans, child custody, visitation, or support, or the
distribution of property or obligations, or (2) concurrent with
the juvenile court, any proceeding under Title 13 or chapter
28A.225 RCW. [1999 c 397 § 6; 1994 sp.s. c 7 § 537; 1991
c 367 § 11; 1983 c 219 § 1; 1949 c 50 § 1; Rem. Supp.
1949 § 997-30.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.020 Designation of judge—Number of sessions. In counties having more than one judge of the
superior court the judges of such court shall annually, in the
month of January, designate one or more of their number to
hear all cases under this chapter. The judge or judges so
designated shall hold as many sessions of the family court in
each week as are necessary for the prompt disposition of
matters before the court. [1949 c 50 § 2; Rem. Supp. 1949
§ 997-31.]
26.12.030 Transfer of cases to presiding judge. The
judge of the family court may transfer any case before the
family court pursuant to this chapter to the department of the
presiding judge of the superior court for assignment for trial
or other proceedings by another judge of the court, whenever
in the opinion of the judge of the family court such transfer
is necessary to expedite the business of the family court or
to insure the prompt consideration of the case. When any
case is so transferred, the judge to whom it is transferred
shall act as the judge of the family court in the matter.
[1949 c 50 § 3; Rem. Supp. 1949 § 997-32.]
26.12.040 Substitute judge of family court. In
counties having more than one judge of the superior court
the presiding judge may appoint a judge other than the judge
of the family court to act as judge of the family court during
any period when the judge of the family court is on vacation,
absent, or for any reason unable to perform his duties. Any
judge so appointed shall have all the powers and authority of
a judge of the family court in cases under this chapter.
[1949 c 50 § 4; Rem. Supp. 1949 § 997-33.]
26.12.050 Family courts—Appointment of assistants. (1) Except as provided in subsection (2) of this
section, in each county the superior court may appoint the
following persons to assist the family court in disposing of
its business:
(a) One or more attorneys to act as family court
commissioners, and
(2002 Ed.)
26.12.010
(b) Such investigators, stenographers and clerks as the
court shall find necessary to carry on the work of the family
court.
(2) The county legislative authority must approve the
creation of family court commissioner positions.
(3) The appointments provided for in this section shall
be made by majority vote of the judges of the superior court
of the county and may be made in addition to all other
appointments of commissioners and other judicial attaches
otherwise authorized by law. Family court commissioners
and investigators shall serve at the pleasure of the judges
appointing them and shall receive such compensation as the
county legislative authority shall determine. The appointments may be full or part-time positions. A person appointed as a family court commissioner may also be appointed to
any other commissioner position authorized by law. [1993
c 15 § 1; 1991 c 363 § 17; 1989 c 199 § 1; 1965 ex.s. c 83
§ 1; 1949 c 50 § 5; Rem. Supp. 1949 § 997-34.]
Effective date—1993 c 15: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 12, 1993]." [1993 c 15 § 3.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Court
clerks, reporters, and bailiffs: Chapter 2.32 RCW.
commissioners and referees: Chapter 2.24 RCW.
26.12.060 Court commissioners—Duties. The court
commissioners shall: (1) Make appropriate referrals to
county family court services program if the county has a
family court services program or appoint a guardian ad litem
pursuant to RCW 26.12.175; (2) order investigation and
reporting of the facts upon which to base warrants, subpoenas, orders or directions in actions or proceedings under this
chapter; (3) exercise all the powers and perform all the
duties of court commissioners; (4) make written reports of
all proceedings had which shall become a part of the record
of the family court; (5) provide supervision over the exercise
of its jurisdiction as the judge of the family court may order;
(6) cause the orders and findings of the family court to be
entered in the same manner as orders and findings are
entered in cases in the superior court; (7) cause other reports
to be made and records kept as will indicate the value and
extent of reconciliation, mediation, investigation, and
treatment services; and (8) conduct hearings under Title 13
and chapter 28A.225 RCW, as provided in RCW 13.04.021.
[1999 c 397 § 7; 1993 c 289 § 3; 1991 c 367 § 12; 1988 c
232 § 4; 1949 c 50 § 6; Rem. Supp. 1949 § 997-35.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.070 Probation officers—Powers and duties.
The probation officer in every county shall give such
assistance to the family court as may be requested to carry
out the purposes of this chapter and to that end the probation
officer shall, upon request, make investigations and reports
as requested, and in cases pursuant to this chapter shall
exercise all the powers and perform all the duties granted or
imposed by the laws of this state relating to probation or to
probation officers. [1949 c 50 § 7; Rem. Supp. 1949 § 99736.]
[Title 26 RCW—page 37]
26.12.070
Title 26 RCW: Domestic Relations
Indeterminate sentences: Chapter 9.95 RCW.
Probation officers—Appointment—Powers—Compensation: RCW
13.04.040.
26.12.080 Protection of privacy of parties. Whenever the court before whom any matter arising under this
chapter is pending, deems publication of any matter before
the court contrary to public policy or injurious to the interests of children or to the public morals, the court may by
order close the files or any part thereof in the matter and
make such other orders to protect the privacy of the parties
as is necessary. [1989 c 375 § 22; 1949 c 50 § 8; Rem.
Supp. 1949 § 997-37.]
Severability—1989 c 375: See RCW 26.09.914.
26.12.160 When and where court may be convened.
For the purpose of conducting hearings pursuant to this
chapter the family court may be convened at any time and
place within the county and the hearing may be had in
chambers or otherwise. [1949 c 50 § 16; Rem. Supp. 1949
§ 997-45.]
26.12.170 Authority of family court judges and
court commissioners to order or recommend services—
Report by court of child abuse or neglect. To facilitate
and promote the purposes of this chapter, family court
judges and court commissioners may order or recommend
family court services, parenting seminars, drug and alcohol
abuse evaluations and monitoring of the parties through
public or private treatment services, other treatment services,
the aid of physicians, psychiatrists, other specialists, or other
services or may recommend the aid of the pastor or director
of any religious denomination to which the parties may
belong.
If the court has reasonable cause to believe that a child
of the parties has suffered abuse or neglect it may file a
report with the proper law enforcement agency or the
department of social and health services as provided in RCW
26.44.040. Upon receipt of such a report the law enforcement agency or the department of social and health services
will conduct an investigation into the cause and extent of the
abuse or neglect. The findings of the investigation may be
made available to the court if ordered by the court as
provided in RCW 42.17.310(3). The findings shall be
restricted to the issue of abuse and neglect and shall not be
considered custody investigations. [1994 c 267 § 3; 1991 c
367 § 13; 1983 c 219 § 5; 1971 ex.s. c 151 § 2; 1949 c 50
§ 17; Rem. Supp. 1949 § 997-46.]
Effective date—1994 c 267: See note following RCW 26.09.191.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.172 Parenting seminars—Rules. Any court
rules adopted for the implementation of parenting seminars
shall include the following provisions:
(1) In no case shall opposing parties be required to
attend seminars together;
(2) Upon a showing of domestic violence or abuse
which would not require mutual decision making pursuant to
RCW 26.09.191, or that a parent’s attendance at the seminar
is not in the children’s best interests, the court shall either:
[Title 26 RCW—page 38]
(a) Waive the requirement of completion of the seminar;
or
(b) Provide an alternative, voluntary parenting seminar
for battered spouses; and
(3) The court may waive the seminar for good cause.
[1994 c 267 § 5.]
Effective date—1994 c 267: See note following RCW 26.09.191.
26.12.175 Appointment of guardian ad litem—
Independent investigation—Court-appointed special
advocate program—Background information—Review of
appointment. (1)(a) The court may appoint a guardian ad
litem to represent the interests of a minor or dependent child
when the court believes the appointment of a guardian ad
litem is necessary to protect the best interests of the child in
any proceeding under this chapter. The family court services
professionals may also make a recommendation to the court
regarding whether a guardian ad litem should be appointed
for the child. The court may appoint a guardian ad litem
from the court-appointed special advocate program, if that
program exists in the county.
(b) Unless otherwise ordered, the guardian ad litem’s
role is to investigate and report factual information to the
court concerning parenting arrangements for the child, and
to represent the child’s best interests. Guardians ad litem
and investigators under this title may make recommendations
based upon an independent investigation regarding the best
interests of the child, which the court may consider and
weigh in conjunction with the recommendations of all of the
parties. If a child expresses a preference regarding the
parenting plan, the guardian ad litem shall report the preferences to the court, together with the facts relative to whether
any preferences are being expressed voluntarily and the
degree of the child’s understanding. The court may require
the guardian ad litem to provide periodic reports to the
parties regarding the status of his or her investigation. The
guardian ad litem shall file his or her report at least sixty
days prior to trial.
(c) The parties to the proceeding may file with the court
written responses to any report filed by the guardian ad litem
or investigator. The court shall consider any written
responses to a report filed by the guardian ad litem or
investigator, including any factual information or recommendations provided in the report.
(d) The court shall enter an order for costs, fees, and
disbursements to cover the costs of the guardian ad litem.
The court may order either or both parents to pay for the
costs of the guardian ad litem, according to their ability to
pay. If both parents are indigent, the county shall bear the
cost of the guardian, subject to appropriation for guardians’
ad litem services by the county legislative authority.
Guardians ad litem who are not volunteers shall provide the
parties with an itemized accounting of their time and billing
for services each month.
(2)(a) If the guardian ad litem appointed is from the
county court-appointed special advocate program, the
program shall supervise any guardian ad litem assigned to
the case. The court-appointed special advocate program
shall be entitled to notice of all proceedings in the case.
(b) The legislative authority of each county may
authorize creation of a court-appointed special advocate
(2002 Ed.)
Family Court
program. The county legislative authority may adopt rules
of eligibility for court-appointed special advocate program
services.
(3) Each guardian ad litem program shall maintain a
background information record for each guardian ad litem in
the program. The background file shall include, but is not
limited to, the following information:
(a) Level of formal education;
(b) Training related to the guardian’s duties;
(c) Number of years’ experience as a guardian ad litem;
(d) Number of appointments as a guardian ad litem and
county or counties of appointment;
(e) The names of any counties in which the person was
removed from a guardian ad litem registry pursuant to a
grievance action, and the name of the court and the cause
number of any case in which the court has removed the
person for cause; and
(f) Criminal history, as defined in RCW 9.94A.030.
The background information report shall be updated
annually. As a condition of appointment, the guardian ad
litem’s background information record shall be made
available to the court. If the appointed guardian ad litem is
not a member of a guardian ad litem program the person
shall provide the background information to the court.
Upon appointment, the guardian ad litem, or guardian ad
litem program, shall provide the parties or their attorneys
with a statement containing: His or her training relating to
the duties as a guardian ad litem; the name of any counties
in which the person was removed from a guardian ad litem
registry pursuant to a grievance action, and the name of the
court and the cause number of any case in which the court
has removed the person for cause; and his or her criminal
history as defined in RCW 9.94A.030 for the period covering ten years prior to the appointment. The background
statement shall not include identifying information that may
be used to harm a guardian ad litem, such as home addresses
and home telephone numbers, and for volunteer guardians ad
litem the court may allow the use of maiden names or
pseudonyms as necessary for their safety.
(4) When a court-appointed special advocate or volunteer guardian ad litem is requested on a case, the program
shall give the court the name of the person it recommends
and the appointment shall be effective immediately. The
court shall appoint the person recommended by the program.
If a party in a case reasonably believes the court-appointed
special advocate or volunteer is inappropriate or unqualified,
the party may request a review of the appointment by the
program. The program must complete the review within five
judicial days and remove any appointee for good cause. If
the party seeking the review is not satisfied with the outcome of the review, the party may file a motion with the
court for the removal of the court-appointed special advocate
on the grounds the advocate or volunteer is inappropriate or
unqualified. [2000 c 124 § 6; 1996 c 249 § 15; 1993 c 289
§ 4; 1991 c 367 § 17.]
Grievance rules—2000 c 124: See note following RCW 11.88.090.
Intent—1996 c 249: See note following RCW 2.56.030.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
(2002 Ed.)
26.12.175
26.12.177 Guardians ad litem and investigators—
Training—Registry—Subregistry—Selection—
Substitution—Exceptions. (1) All guardians ad litem and
investigators appointed under this title must comply with the
training requirements established under RCW 2.56.030(15),
prior to their appointment in cases under Title 26 RCW,
except that volunteer guardians ad litem or court-appointed
special advocates may comply with alternative training
requirements approved by the office of the administrator for
the courts that meet or exceed the statewide requirements.
(2)(a) Each guardian ad litem program for compensated
guardians ad litem shall establish a rotational registry system
for the appointment of guardians ad litem and investigators
under this title. If a judicial district does not have a program
the court shall establish the rotational registry system.
Guardians ad litem and investigators under this title shall be
selected from the registry except in exceptional circumstances as determined and documented by the court. The parties
may make a joint recommendation for the appointment of a
guardian ad litem from the registry.
(b) In judicial districts with a population over one
hundred thousand, a list of three names shall be selected
from the registry and given to the parties along with the
background information as specified in RCW 26.12.175(3),
including their hourly rate for services. Each party may,
within three judicial days, strike one name from the list. If
more than one name remains on the list, the court shall make
the appointment from the names on the list. In the event all
three names are stricken the person whose name appears
next on the registry shall be appointed.
(c) If a party reasonably believes that the appointed
guardian ad litem lacks the necessary expertise for the
proceeding, charges an hourly rate higher than what is
reasonable for the particular proceeding, or has a conflict of
interest, the party may, within three judicial days from the
appointment, move for substitution of the appointed guardian
ad litem by filing a motion with the court.
(d) Under this section, within either registry referred to
in (a) of this subsection, a subregistry may be created that
consists of guardians ad litem under contract with the
department of social and health services’ division of child
support. Guardians ad litem on such a subregistry shall be
selected and appointed in state-initiated paternity cases only.
(e) The superior court shall remove any person from the
guardian ad litem registry who misrepresents his or her
qualifications pursuant to a grievance procedure established
by the court.
(3) The rotational registry system shall not apply to
court-appointed special advocate programs. [2000 c 124 §
7; 1997 c 41 § 7; 1996 c 249 § 18.]
Intent—1996 c 249: See note following RCW 2.56.030.
26.12.180 Guardian ad litem, special advocate, or
investigator—Information discoverable—Confidentiality.
All information, records, and reports obtained or created by
a guardian ad litem, court-appointed special advocate, or
investigator under this title shall be discoverable pursuant to
statute and court rule. The guardian ad litem, court-appointed special advocate, or investigator shall not release private
or confidential information to any nonparty except pursuant
to a court order signed by a judge. The guardian ad litem,
[Title 26 RCW—page 39]
26.12.180
Title 26 RCW: Domestic Relations
court-appointed special advocate, or investigator may share
private or confidential information with experts or staff he or
she has retained as necessary to perform the duties of
guardian ad litem, court-appointed special advocate, or
investigator. Any expert or staff retained are subject to the
confidentiality rules governing the guardian ad litem, courtappointed special advocate, or investigator. Nothing in this
section shall be interpreted to authorize disclosure of
guardian ad litem records in personal injury actions. [2000
c 124 § 8.]
26.12.183 Guardian ad litem or investigator—Fees.
Except for guardians ad litem appointed by the court from
the subregistry created under RCW 26.12.177(2)(d), the
court shall specify the hourly rate the guardian ad litem or
investigator under this title may charge for his or her
services, and shall specify the maximum amount the guardian ad litem or investigator under this title may charge
without additional court review and approval. The court
shall specify rates and fees in the order of appointment or at
the earliest date the court is able to determine the appropriate
rates and fees and prior to the guardian ad litem billing for
his or her services. This section shall apply except as
provided by local court rule. [2000 c 124 § 15.]
26.12.185 Guardian ad litem, special advocate, or
investigator—Release of information. A guardian ad litem,
court-appointed special advocate, or investigator under this
title appointed under this chapter may release confidential
information, records, and reports to the office of the family
and children’s ombudsman for the purposes of carrying out
its duties under chapter 43.06A RCW. [2000 c 124 § 9;
1999 c 390 § 4.]
26.12.187 Guardian ad litem, special advocate, or
investigator—Ex parte communications—Removal. A
guardian ad litem, court-appointed special advocate, or
investigator shall not engage in ex parte communications
with any judicial officer involved in the matter for which he
or she is appointed during the pendency of the proceeding,
except as permitted by court rule or statute for ex parte
motions. Ex parte motions shall be heard in open court on
the record. The record may be preserved in a manner
deemed appropriate by the county where the matter is heard.
The court, upon its own motion, or upon the motion of a
party, may consider the removal of any guardian ad litem,
court-appointed special advocate, or investigator who violates
this section from any pending case or from any courtauthorized registry, and if so removed may require forfeiture
of any fees for professional services on the pending case.
[2000 c 124 § 12.]
26.12.190 Family court jurisdiction as to pending
actions—Use of family court services. (1) The family
court shall have jurisdiction and full power in all pending
cases to make, alter, modify, and enforce all temporary and
permanent orders regarding the following: Parenting plans,
child support, custody of children, visitation, possession of
property, maintenance, contempt, custodial interference, and
orders for attorneys’ fees, suit money or costs as may appear
just and equitable. Court commissioners or judges shall not
[Title 26 RCW—page 40]
have authority to require the parties to mediate disputes
concerning child support.
(2) Family court investigation, evaluation, mediation,
treatment, and reconciliation services, and any other services
may be used to assist the court to develop an order as the
court deems necessary to preserve the marriage, implement
an amicable settlement, and resolve the issues in controversy.
[1991 c 367 § 14; 1983 c 219 § 7; 1949 c 50 § 19; Rem.
Supp. 1949 § 997-48.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.205 Priority for proceedings involving children. The family court shall give proceedings involving
children priority over cases without children. [1991 c 367
§ 16.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.215 Revision by the superior court. All acts
and proceedings of the court commissioners shall be subject
to revision by the superior court as provided in RCW
2.24.050. [1991 c 367 § 18.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.220 Funding family court or family court
services—Increase in marriage license fee authorized—
Family court services program—Fees. (1) The legislative
authority of any county may authorize family court services
as provided in RCW 26.12.230. The legislative authority
may impose a fee in excess of that prescribed in RCW
36.18.010 for the issuance of a marriage license. The fee
shall not exceed eight dollars.
(2) In addition to any other funds used therefor, the
governing body of any county shall use the proceeds from
the fee increase authorized by this section to pay the
expenses of the family court and the family court services
under chapter 26.12 RCW. If there is no family court in the
county, the legislative authority may provide such services
through other county agencies or may contract with a public
or private agency or person to provide such services. Family
court services also may be provided jointly with other
counties as provided in RCW 26.12.230.
(3) The family court services program may hire professional employees to provide the investigation, evaluation and
reporting, and mediation services, or the county may contract
for these services, or both. To facilitate and promote the
purposes of this chapter, the court may order or recommend
the aid of physicians, psychiatrists, or other specialists.
(4) The family court services program may provide or
contract for: (a) Mediation; (b) investigation, evaluation, and
reporting to the court; and (c) reconciliation; and may
provide a referral mechanism for drug and alcohol testing,
monitoring, and treatment; and any other treatment,
parenting, or anger management programs the family court
professional considers necessary or appropriate.
(5) Services other than family court investigation,
evaluation, reconciliation, and mediation services shall be at
the expense of the parties involved absent a court order to
the contrary. The parties shall bear all or a portion of the
(2002 Ed.)
Family Court
cost of parenting seminars and family court investigation,
evaluation, reconciliation, and mediation services according
to the parties’ ability to pay.
(6) The county legislative authority may establish rules
of eligibility for the family court services funded under this
section. The rules shall not conflict with rules of the court
adopted under chapter 26.12 RCW or any other statute.
(7) The legislative authority may establish fees for
family court investigation, evaluation, reconciliation, and
mediation services under this chapter according to the
parties’ ability to pay for the services. Fees collected under
this section shall be collected and deposited in the same
manner as other county funds are collected and deposited,
and shall be maintained in a separate account to be used as
provided in this section. [1994 c 267 § 4; 1991 c 367 § 15;
1980 c 124 § 1.]
Effective date—1994 c 267: See note following RCW 26.09.191.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.12.230 Joint family court services. (1) Any
county may contract under chapter 39.34 RCW with any
other county or counties to provide joint family court services.
(2) Any agreement between two or more counties for
the operation of a joint family court service may provide that
the treasurer of one participating county shall be the custodian of moneys made available for the purposes of the joint
services, and that the treasurer may make payments from the
moneys upon proper authorization.
(3) Any agreement between two or more counties for
the operation of a joint family court service may also
provide:
(a) For the joint provision or operation of services and
facilities or for the provision or operation of services and
facilities by one participating county under contract for the
other participating counties;
(b) For appointments of members of the staff of the
family court including the supervising counselor;
(c) That, for specified purposes, the members of the
staff of the family court including the supervising counselor,
but excluding the judges of the family court and other court
personnel, shall be considered to be employees of one
participating county;
(d) For other matters as are necessary to carry out the
purposes of this chapter.
(4) The provisions of this chapter relating to family
court services provided by a single county are equally
applicable to counties which contract, under this section, to
provide joint family court services. [1986 c 95 § 3.]
26.12.240 Courthouse facilitator program—Fee or
surcharge. A county may create a courthouse facilitator
program to provide basic services to pro se litigants in
family law cases. The legislative authority of any county
may impose user fees or may impose a surcharge of up to
ten dollars on only those superior court cases filed under
Title 26 RCW, or both, to pay for the expenses of the
courthouse facilitator program. Fees collected under this
section shall be collected and deposited in the same manner
as other county funds are collected and deposited, and shall
(2002 Ed.)
26.12.220
be maintained in a separate account to be used as provided
in this section. [1993 c 435 § 2.]
26.12.800 Family court pilot program—Legislative
recognition. The legislature recognizes the increasing
incidence of concurrent involvement of family members in
multiple areas of the justice system. Analysis shows
significant case overlap in the case types of juvenile offender, juvenile dependency, at-risk youth, child in need of
services, truancy, domestic violence, and domestic relations.
Also recognized is the increased complexity of the problems
facing family members and the increased complexity of the
laws affecting families. It is believed that in such situations,
an efficient and effective response is through the creation of
a unified court system centered around the family that:
Provides a dedicated, trained, and informed judiciary;
incorporates case management practices based on a family’s
judicial system needs; enables multiple case type resolution
by one judicial officer or judicial team; provides coordinated
legal and social services; and considers and evaluates the
needs of the family as a whole. [1999 c 397 § 1.]
26.12.802 Family court pilot program—Created.
The administrator for the courts shall conduct a unified
family court pilot program.
(1) Pilot program sites shall be selected through a
request for proposal process, and shall be established in no
more than three superior court judicial districts.
(2) To be eligible for consideration as a pilot project
site, judicial districts must have a statutorily authorized
judicial complement of at least five judges.
(3) The administrator for the courts shall develop
criteria for the unified family court pilot program. The pilot
program shall include:
(a) All case types under Title 13 RCW, chapters 26.09,
26.10, 26.12, 26.18, 26.19, 26.20, 26.26, 26.50, 26.27, and
28A.225 RCW;
(b) Unified family court judicial officers, who volunteer
for the program, and meet training requirements established
by local court rule;
(c) Case management practices that provide a flexible
response to the diverse court-related needs of families
involved in multiple areas of the justice system. Case management practices should result in a reduction in process
redundancies and an efficient use of time and resources, and
create a system enabling multiple case type resolution by one
judicial officer or judicial team;
(d) A court facilitator to provide assistance to parties
with matters before the unified family court; and
(e) An emphasis on providing nonadversarial methods
of dispute resolution such as a settlement conference,
evaluative mediation by attorney mediators, and facilitative
mediation by nonattorney mediators.
(4) The office of the administrator for the courts shall
publish and disseminate a state-approved listing of definitions of nonadversarial methods of dispute resolution so that
court officials, practitioners, and users can choose the most
appropriate process for the matter at hand.
(5) The office of the administrator for the courts shall
provide to the judicial districts selected for the pilot program
[Title 26 RCW—page 41]
26.12.802
Title 26 RCW: Domestic Relations
the computer resources needed by each judicial district to
implement the unified family court pilot program.
(6) The office of the administrator for the courts shall
conduct a study of the pilot program measuring improvements in the judicial system’s response to family involvement in the judicial system. The administrator for the
courts shall report preliminary findings and final results of
the study to the governor, the chief justice of the supreme
court, and the legislature on a biennial basis. The initial
report is due by July 1, 2000, and the final report is due by
December 1, 2004. [1999 c 397 § 2.]
26.12.804 Family court pilot program—Rules. The
judges of the superior court judicial districts with unified
family court pilot programs shall adopt local court rules
directing the program. The local court rules shall comply
with the criteria established by the administrator for the
courts and shall include:
(1) A requirement that all judicial officers hearing cases
in unified family court:
(a) Complete an initial training program including the
topic areas of childhood development, domestic violence,
cultural awareness, child abuse and neglect, chemical
dependency, and mental illness; and
(b) Subsequent to the training in (a) of this subsection,
annually attend a minimum of eight hours of continuing
education of pertinence to the unified family court;
(2) Case management that is based on the practice of
one judge or judicial team handling all matters relating to a
family;
(3) An emphasis on coordinating or consolidating, to the
extent possible, all cases before the unified family court
relating to a family; and
(4) Programs that provide for record confidentiality to
protect the confidentiality of court records in accordance
with the law. However law enforcement agencies shall have
access to the records to the extent permissible under the law.
[1999 c 397 § 3.]
Chapter 26.16
HUSBAND AND WIFE—RIGHTS AND
LIABILITIES—COMMUNITY PROPERTY
Sections
26.16.010
26.16.020
26.16.030
26.16.040
26.16.050
26.16.060
26.16.070
26.16.080
26.16.090
26.16.095
26.16.100
26.16.110
26.16.120
26.16.125
26.16.140
26.16.150
26.16.160
26.16.180
Separate property of husband.
Separate property of wife.
Community property defined—Management and control.
Community realty subject to liens, execution.
Conveyances between husband and wife.
Power of attorney between husband and wife.
Powers of attorney as to separate estate.
Execution of conveyance under power.
Powers of attorney as to community estate.
Purchaser of community real property protected by record
title.
Claim of spouse in community realty to be filed.
Cloud on title—Removal.
Agreements as to status.
Custody of children.
Earnings and accumulations of husband and wife living
apart, minor children.
Rights of married persons in general.
Civil disabilities of wife abolished.
Husband and wife may sue each other.
[Title 26 RCW—page 42]
26.16.190
26.16.200
Liability for acts of other spouse.
Antenuptial and separate debts, liability for—Child support
obligation, liability for.
26.16.205 Liability for family support—Termination of support obligation of stepparent, when.
26.16.210 Burden of proof in transactions between husband and wife.
26.16.220 Quasi-community property defined.
26.16.230 Quasi-community property—Disposition at death.
26.16.240 Quasi-community property—Effect of lifetime transfers—
Claims by surviving spouse—Waiver.
26.16.250 Quasi-community property—Characterization limited to
determination of disposition at death—Waiver by written agreement.
Assignment of future wages invalid without written consent of spouse:
RCW 49.48.100.
Banks and trust companies—Deposits: Chapter 30.20 RCW.
Cemeteries, morgues and human remains—Title and rights to cemetery
plots: Chapter 68.32 RCW.
Crimes and punishment
bigamy: RCW 9A.64.010.
homicide by other person, when justifiable: RCW 9A.16.030.
libel, slander: Chapter 9.58 RCW.
Labor relations
child labor: Chapter 49.12 RCW.
hours of labor: Chapter 49.28 RCW.
Mental illness: Chapter 71.05 RCW.
Parties to actions—Husband and wife: RCW 4.08.030 and 4.08.040.
Privileged communications: RCW 5.60.060.
Probate and trust law: Title 11 RCW.
Public assistance: Title 74 RCW.
Public health and safety—Vital statistics: Chapter 70.58 RCW.
Tenancy in dower and by curtesy abolished: RCW 11.04.060.
Unemployment compensation, benefits and claims: Chapter 50.20 RCW.
Worker’s compensation
actions at law for injury or death: Chapter 51.24 RCW.
right to and amount: Chapter 51.32 RCW.
26.16.010 Separate property of husband. Property
and pecuniary rights owned by the husband before marriage
and that acquired by him afterwards by gift, bequest, devise
or descent, with the rents, issues and profits thereof, shall
not be subject to the debts or contracts of his wife, and he
may manage, lease, sell, convey, encumber or devise by will
such property without the wife joining in such management,
alienation or encumbrance, as fully and to the same effect as
though he were unmarried. [Code 1881 § 2408; RRS §
6890. Prior: See Reviser’s note below.]
Reviser’s note: For prior laws dealing with this subject see Laws
1879 pp 77-81; 1873 pp 450-455; 1871 pp 67-74; 1869 pp 318-323.
Construction: "The rule of common law that statutes in derogation
thereof are to be strictly construed has no application to this chapter. This
chapter establishes the law of the state respecting the subject to which it
relates, and its provisions and all proceedings under it shall be liberally
construed with a view to effect its object." [Code 1881 § 2417.]
"This chapter shall not be construed to operate retrospectively and any
right established, accrued or accruing or in any thing done prior to the time
this chapter goes into effect shall be governed by the law in force at the
time such right was established or accrued." [Code 1881 § 2418.] This
applies to RCW 26.16.010 through 26.16.040, 26.16.060, 26.16.120,
26.16.140 through 26.16.160, and 26.16.180 through 26.16.210.
Descent of separate real property: RCW 11.04.015.
Distribution of separate personal estate: RCW 11.04.015.
Rights of married persons in general: RCW 26.16.150.
26.16.020 Separate property of wife. The property
and pecuniary rights of every married woman at the time of
(2002 Ed.)
Husband and Wife—Rights and Liabilities—Community Property
her marriage or afterwards acquired by gift, devise or
inheritance, with the rents, issues and profits thereof, shall
not be subject to the debts or contracts of her husband, and
she may manage, lease, sell, convey, encumber or devise by
will such property to the same extent and in the same
manner that her husband can, property belonging to him.
[Code 1881 § 2400; RRS § 6891. Prior: See Reviser’s note
following RCW 26.16.010.]
Reviser’s note: See notes following RCW 26.16.010.
Civil disabilities of wife abolished: RCW 26.16.160.
Earnings of parent and minor children living apart: RCW 26.16.140.
Exemption of separate property of married person from attachment and
execution upon liability of spouse: RCW 6.15.040.
26.16.030 Community property defined—
Management and control. Property not acquired or owned,
as prescribed in RCW 26.16.010 and 26.16.020, acquired
after marriage by either husband or wife or both, is community property. Either spouse, acting alone, may manage and
control community property, with a like power of disposition
as the acting spouse has over his or her separate property,
except:
(1) Neither spouse shall devise or bequeath by will more
than one-half of the community property.
(2) Neither spouse shall give community property
without the express or implied consent of the other.
(3) Neither spouse shall sell, convey, or encumber the
community real property without the other spouse joining in
the execution of the deed or other instrument by which the
real estate is sold, conveyed, or encumbered, and such deed
or other instrument must be acknowledged by both spouses.
(4) Neither spouse shall purchase or contract to purchase
community real property without the other spouse joining in
the transaction of purchase or in the execution of the
contract to purchase.
(5) Neither spouse shall create a security interest other
than a purchase money security interest as defined in *RCW
62A.9-107 in, or sell, community household goods, furnishings, or appliances, or a community mobile home unless the
other spouse joins in executing the security agreement or bill
of sale, if any.
(6) Neither spouse shall acquire, purchase, sell, convey,
or encumber the assets, including real estate, or the good
will of a business where both spouses participate in its
management without the consent of the other: PROVIDED,
That where only one spouse participates in such management
the participating spouse may, in the ordinary course of such
business, acquire, purchase, sell, convey or encumber the
assets, including real estate, or the good will of the business
without the consent of the nonparticipating spouse. [1981 c
304 § 1; 1972 ex.s. c 108 § 3; Code 1881 § 2409; RRS §
6892.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
Severability—1981 c 304: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 304 § 46.]
Community property—Homestead selection: RCW 6.13.020.
Descent and distribution of community property: RCW 11.04.015.
Quasi-community property defined: RCW 26.16.220.
(2002 Ed.)
26.16.020
Simultaneous death, uniform act: Chapter 11.05 RCW.
26.16.040 Community realty subject to liens,
execution. Community real estate shall be subject to the
liens of mechanics and others for labor and materials furnished in erecting structures and improvements thereon as
provided by law in other cases, to liens of judgments
recovered for community debts, and to sale on execution
issued thereon. [1972 ex.s. c 108 § 4; Code 1881 § 2410;
RRS § 6893.]
Acknowledgments: Chapter 64.08 RCW.
Liens: Title 60 RCW.
26.16.050 Conveyances between husband and wife.
A husband may give, grant, sell or convey directly to his
wife, and a wife may give, grant, sell or convey directly to
her husband his or her community right, title, interest or
estate in all or any portion of their community real property:
And every deed made from husband to wife, or from wife to
husband, shall operate to divest the real estate therein recited
from any or every claim or demand as community property
and shall vest the same in the grantee as separate property[.
The] grantor in all such deeds, or the party releasing such
community interest or estate shall sign, seal, execute and
acknowledge the deed as a single person without the joinder
therein of the married party therein named as grantee:
PROVIDED, HOWEVER, That the conveyances or transfers
hereby authorized shall not affect any existing equity in
favor of creditors of the grantor at the time of such transfer,
gift or conveyance. AND PROVIDED FURTHER, That any
deeds of gift conveyances or releases of community estate by
or between husband and wife heretofore made but in which
the husband and wife have not joined as grantors, said
deeds[,] where made in good faith and without intent to
hinder, delay or defraud creditors[,] shall be and the same
are hereby fully legalized as valid and binding. [1888 c 27
§ 1; RRS § 10572.]
Validating—1888 c 27: "All powers of attorney heretofore made and
executed by any married woman joined with her husband and duly
acknowledged and certified and all powers of attorney heretofore made or
executed by husband or wife to the other, authorizing the sale or other
disposition of real estate, whether separate or community real estate duly
acknowledged conformably with the previous sections, and all conveyances
heretofore and hereafter executed under and by virtue of such powers of
attorney and acknowledged and certified in the manner provided herein,
shall be valid and binding; provided, that any rights vested in third persons
shall not be affected by anything in this section contained." [1888 c 27 §
5.] This applies to RCW 26.16.050 and 26.16.070 through 26.16.090.
Acknowledgments: Chapter 64.08 RCW.
Burden of proof in transactions between husband and wife: RCW
26.16.210.
26.16.060 Power of attorney between husband and
wife. A husband or wife may constitute the other his or her
attorney in fact to manage, control or dispose of his or her
property with the same power of revocation or substitution
as could be exercised were they unmarried persons. [Code
1881 § 2403; No RRS.]
26.16.070 Powers of attorney as to separate estate.
A husband or wife may make and execute powers of
attorney for the sale, conveyance, transfer or encumbrance of
his or her separate estate both real and personal, without the
[Title 26 RCW—page 43]
26.16.070
Title 26 RCW: Domestic Relations
other spouse joining in the execution thereof. Such power
of attorney shall be acknowledged and certified in the
manner provided by law for the conveyance of real estate.
Nor shall anything herein contained be so construed as to
prevent either husband or wife from appointing the other his
or her attorney in fact for the purposes provided in this
section. [1888 c 27 § 2; RRS § 10573.]
26.16.080 Execution of conveyance under power.
Any conveyance, transfer, deed, lease or other encumbrances
executed under and by virtue of such power of attorney shall
be executed, acknowledged and certified in the same manner
as if the person making such power of attorney had been
unmarried. [1888 c 27 § 3; RRS § 10574.]
26.16.090 Powers of attorney as to community
estate. A husband may make and execute a letter of
attorney to the wife, or the wife may make and execute a
letter of attorney to the husband authorizing the sale or other
disposition of his or her community interest or estate in the
community property and as such attorney in fact to sign the
name of such husband or wife to any deed, conveyance,
mortgage, lease or other encumbrance or to any instrument
necessary to be executed by which the property conveyed or
transferred shall be released from any claim as community
property. And either said husband or said wife may make
and execute a letter of attorney to any third person to join
with the other in the conveyance of any interest either in
separate real estate of either, or in the community estate held
by such husband or wife in any real property. And both
husband and wife owning community property may jointly
execute a power of attorney to a third person authorizing the
sale, encumbrance or other disposition of community real
property, and so execute the necessary conveyance or
transfer of said real estate. [1888 c 27 § 4; RRS § 10575.]
26.16.095 Purchaser of community real property
protected by record title. Whenever any person, married
or single, having in his or her name the legal title of record
to any real estate, shall sell or dispose of the same to an
actual bona fide purchaser, a deed of such real estate from
the person holding such legal record title to such actual bona
fide purchaser shall be sufficient to convey to, and vest in,
such purchaser the full legal and equitable title to such real
estate free and clear of any and all claims of any and all
persons whatsoever, not appearing of record in the auditor’s
office of the county in which such real estate is situated.
[1891 c 151 § 1; RRS § 10577. Formerly RCW 64.04.080.]
[SLC-RO-16]
Saving—1891 c 151: "In so far as this act affects married persons
having already acquired and now holding real estate under existing laws, a
period of three months from the date at which this act shall take effect is
hereby allowed to such persons within which to comply with its provisions."
[1891 c 151 § 4.] This applies to RCW 26.16.095 through 26.16.110.
26.16.100 Claim of spouse in community realty to
be filed. A husband or wife having an interest in real estate,
by virtue of the marriage relation, the legal title of record to
which real estate is or shall be held by the other, may
protect such interest from sale or disposition by the husband
or wife, as the case may be, in whose name the legal title is
[Title 26 RCW—page 44]
held, by causing to be filed and recorded in the auditor’s
office of the county in which such real estate is situated an
instrument in writing setting forth that the person filing such
instrument is the husband or wife, as the case may be, of the
person holding the legal title to the real estate in question,
describing such real estate and the claimant’s interest therein;
and when thus presented for record such instrument shall be
filed and recorded by the auditor of the county in which
such real estate is situated, in the same manner and with like
effect as regards notice to all the world, as deeds of real
estate are filed and recorded. And if either husband or wife
fails to cause such an instrument to be filed in the auditor’s
office in the county in which real estate is situated, the legal
title to which is held by the other, within a period of ninety
days from the date when such legal title has been made a
matter of record, any actual bona fide purchaser of such real
estate from the person in whose name the legal title stands
of record, receiving a deed of such real estate from the
person thus holding the legal title, shall be deemed and held
to have received the full legal and equitable title to such real
estate free and clear of all claim of the other spouse. [1891
c 151 § 2; RRS § 10578.] [SLC-RO-16]
Recording of real property by county auditor: Chapters 65.04 and 65.08
RCW.
26.16.110 Cloud on title—Removal. The instrument
in writing provided for in RCW 26.16.100 shall be deemed
to be a cloud upon the title of said real estate, and may be
removed by the release of the party filing the same, or by
any court having jurisdiction in the county where said real
estate is situated, whenever it shall appear to said court that
the real estate described in said instrument is the separate
property of the person in whose name the title to the said
real estate, or any part thereof, appears to be vested, from
the conveyances on record in the office of the auditor of the
county where said real estate is situated. [1891 c 151 § 3;
RRS § 10579.]
26.16.120 Agreements as to status. Nothing contained in any of the provisions of *this chapter or in any law
of this state, shall prevent the husband and wife from jointly
entering into any agreement concerning the status or disposition of the whole or any portion of the community property,
then owned by them or afterwards to be acquired, to take
effect upon the death of either. But such agreement may be
made at any time by the husband and wife by the execution
of an instrument in writing under their hands and seals, and
to be witnessed, acknowledged and certified in the same
manner as deeds to real estate are required to be, under the
laws of the state, and the same may at any time thereafter be
altered or amended in the same manner. Such agreement
shall not derogate from the right of creditors; nor be construed to curtail the powers of the superior court to set aside
or cancel such agreement for fraud or under some other recognized head of equity jurisdiction, at the suit of either
party; nor prevent the application of laws governing the
community property and inheritance rights of slayers under
chapter 11.84 RCW. [1998 c 292 § 505; Code 1881 § 2416;
RRS § 6894.]
*Reviser’s note: "this chapter", which is Code 1881, chapter
CLXXXIII, is codified as RCW 26.16.010 through 26.16.040, 26.16.060,
26.16.120, 26.16.140 through 26.16.160, and 26.16.180 through 26.16.210.
(2002 Ed.)
Husband and Wife—Rights and Liabilities—Community Property
Application—Conflict with federal requirements—1998 c 292: See
notes following RCW 41.04.273.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Acknowledgments: Chapter 64.08 RCW.
Descent and distribution of community property: RCW 11.04.015.
Private seals abolished: RCW 64.04.090.
26.16.125 Custody of children. Henceforth the rights
and responsibilities of the parents in the absence of misconduct shall be equal, and the mother shall be as fully entitled
to the custody, control and earnings of the children as the
father, and in case of the father’s death, the mother shall
come into as full and complete control of the children and
their estate as the father does in case of the mother’s death.
[Code 1881 § 2399; 1879 p 151 § 2; RRS § 6907. Formerly
RCW 26.20.020.]
26.16.140 Earnings and accumulations of husband
and wife living apart, minor children. When a husband
and wife are living separate and apart, their respective
earnings and accumulations shall be the separate property of
each. The earnings and accumulations of minor children
shall be the separate property of the spouse who has their
custody or, if no custody award has been made, then the
separate property of the spouse with whom said children are
living. [1972 ex.s. c 108 § 5; Code 1881 § 2413; RRS §
6896.]
26.16.150 Rights of married persons in general.
Every married person shall hereafter have the same right and
liberty to acquire, hold, enjoy and dispose of every species
of property, and to sue and be sued, as if he or she were unmarried. [Code 1881 § 2396; RRS § 6900.]
Separate property
of husband: RCW 26.16.010.
of wife: RCW 26.16.020.
26.16.160 Civil disabilities of wife abolished. All
laws which impose or recognize civil disabilities upon a
wife, which are not imposed or recognized as existing as to
the husband, are hereby abolished, and for any unjust
usurpation of her natural or property rights, she shall have
the same right to appeal in her own individual name, to the
courts of law or equity for redress and protection that the
husband has: PROVIDED, ALWAYS, That nothing in *this
chapter shall be construed to confer upon the wife any right
to vote or hold office, except as otherwise provided by law.
[Code 1881 § 2398; 1879 p 151 § 1; RRS § 6901.]
*Reviser’s note: "this chapter," see note following RCW 26.16.120.
26.16.180 Husband and wife may sue each other.
Should either husband or wife obtain possession or control
of property belonging to the other, either before or after
marriage, the owner of the property may maintain an action
therefor, or for any right growing out of the same, in the
same manner and to the same extent as if they were unmarried. [Code 1881 § 2401; 1879 p 80 § 28; 1873 p 452 § 8;
RRS § 6903.]
Privileged communications: RCW 5.60.060.
(2002 Ed.)
26.16.120
26.16.190 Liability for acts of other spouse. For all
injuries committed by a married person, there shall be no
recovery against the separate property of the other spouse
except in cases where there would be joint responsibility if
the marriage did not exist. [1972 ex.s. c 108 § 6; Code
1881 § 2402; RRS § 6904.]
26.16.200 Antenuptial and separate debts, liability
for—Child support obligation, liability for. Neither
husband or wife is liable for the debts or liabilities of the
other incurred before marriage, nor for the separate debts of
each other, nor is the rent or income of the separate property
of either liable for the separate debts of the other: PROVIDED, That the earnings and accumulations of the husband
shall be available to the legal process of creditors for the
satisfaction of debts incurred by him prior to marriage, and
the earnings and accumulations of the wife shall be available
to the legal process of creditors for the satisfaction of debts
incurred by her prior to marriage. For the purpose of this
section, neither the husband nor the wife shall be construed
to have any interest in the earnings of the other: PROVIDED FURTHER, That no separate debt, except a child support
or maintenance obligation, may be the basis of a claim
against the earnings and accumulations of either a husband
or wife unless the same is reduced to judgment within three
years of the marriage of the parties. The obligation of a
parent or stepparent to support a child may be collected out
of the parent’s or stepparent’s separate property, the parent’s
or stepparent’s earnings and accumulations, and the parent’s
or stepparent’s share of community personal and real
property. Funds in a community bank account which can be
identified as the earnings of the nonobligated spouse are
exempt from satisfaction of the child support obligation of
the debtor spouse. [1983 1st ex.s. c 41 § 2; 1969 ex.s. c 121
§ 1; Code 1881 § 2405; 1873 p 452 § 10; RRS § 6905.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
Collection actions against community bank account: RCW 74.20A.120.
26.16.205 Liability for family support—Termination
of support obligation of stepparent, when. The expenses
of the family and the education of the children, including
stepchildren, are chargeable upon the property of both
husband and wife, or either of them, and they may be sued
jointly or separately. When a petition for dissolution of
marriage or a petition for legal separation is filed, the court
may, upon motion of the stepparent, terminate the obligation
to support the stepchildren. The obligation to support
stepchildren shall cease upon the entry of a decree of
dissolution, decree of legal separation, or death. [1990 1st
ex.s. c 2 § 13; 1969 ex.s. c 207 § 1; Code 1881 § 2407;
RRS § 6906. Formerly RCW 26.20.010.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.16.210 Burden of proof in transactions between
husband and wife. In every case, where any question arises
as to the good faith of any transaction between husband and
wife, whether a transaction between them directly or by
intervention of third person or persons, the burden of proof
[Title 26 RCW—page 45]
26.16.210
Title 26 RCW: Domestic Relations
shall be upon the party asserting the good faith. [Code 1881
§ 2397; RRS § 5828.]
26.16.220 Quasi-community property defined. (1)
Unless the context clearly requires otherwise, as used in
RCW 26.16.220 through 26.16.250 "quasi-community
property" means all personal property wherever situated and
all real property described in subsection (2) of this section
that is not community property and that was heretofore or
hereafter acquired:
(a) By the decedent while domiciled elsewhere and that
would have been the community property of the decedent
and of the decedent’s surviving spouse had the decedent
been domiciled in this state at the time of its acquisition; or
(b) In derivation or in exchange for real or personal
property, wherever situated, that would have been the
community property of the decedent and the surviving
spouse if the decedent had been domiciled in this state at the
time the original property was acquired.
(2) For purposes of this section, real property includes:
(a) Real property situated in this state;
(b) Real property situated outside this state if the law of
the state where the real property is located provides that the
law of the decedent’s domicile at death shall govern the
rights of the decedent’s surviving spouse to a share of such
property; and
(c) Leasehold interests in real property described in (a)
or (b) of this subsection.
(3) For purposes of this section, all legal presumptions
and principles applicable to the proper characterization of
property as community property under the laws and decisions of this state shall apply in determining whether property would have been the community property of the
decedent and the surviving spouse under the provisions of
subsection (1) of this section. [1988 c 34 § 1; 1986 c 72 §
1.]
26.16.230 Quasi-community property—Disposition
at death. Upon the death of any person domiciled in this
state, one-half of any quasi-community property shall belong
to the surviving spouse and the other one-half of such
property shall be subject to disposition at death by the
decedent, and in the absence thereof, shall descend in the
manner provided for community property under chapter
11.04 RCW. [1988 c 34 § 2; 1986 c 72 § 2.]
26.16.240 Quasi-community property—Effect of
lifetime transfers—Claims by surviving spouse—Waiver.
(1) If a decedent domiciled in this state on the date of his or
her death made a lifetime transfer of a property interest that
is quasi-community property to a person other than the
surviving spouse within three years of death, then within the
time for filing claims against the estate as provided by RCW
11.40.010, the surviving spouse may require the transferee
to restore to the decedent’s estate one-half of such property
interest, if the transferee retains the property interest, and, if
not, one-half of its proceeds, or, if none, one-half of its value
at the time of transfer, if:
(a) The decedent retained, at the time of death, the
possession or enjoyment of or the right to income from the
property interest;
[Title 26 RCW—page 46]
(b) The decedent retained, at the time of death, a power,
either alone or in conjunction with any other person, to
revoke or to consume, invade or dispose of the property
interest for the decedent’s own benefit; or
(c) The decedent held the property interest at the time
of death with another with the right of survivorship.
(2) Notwithstanding subsection (1) of this section, no
such property interest, proceeds, or value may be required to
be restored to the decedent’s estate if:
(a) Such property interest was transferred for adequate
consideration;
(b) Such property interest was transferred with the
consent of the surviving spouse; or
(c) The transferee purchased such property interest in
property from the decedent while believing in good faith that
the property or property interest was the separate property of
the decedent and did not constitute quasi-community
property.
(3) All property interests, proceeds, or value restored to
the decedent’s estate under this section shall belong to the
surviving spouse pursuant to RCW 26.16.230 as though the
transfer had never been made.
(4) The surviving spouse may waive any right granted
hereunder by written instrument filed in the probate proceedings. If the surviving spouse acts as personal representative
of the decedent’s estate and causes the estate to be closed
before the time for exercising any right granted by this section expires, such closure shall act as a waiver by the
surviving spouse of any and all rights granted by this
section. [1988 c 34 § 3; 1986 c 72 § 3.]
26.16.250
Quasi-community property—
Characterization limited to determination of disposition
at death—Waiver by written agreement. The characterization of property as quasi-community property under this
chapter shall be effective solely for the purpose of determining the disposition of such property at the time of a death,
and such characterization shall not affect the rights of the
decedent’s creditors. For all other purposes property
characterized as quasi-community property under this chapter
shall be characterized without regard to the provisions of this
chapter. A husband and wife may waive, modify, or
relinquish any quasi-community property right granted or
created by this chapter by signed written agreement, wherever executed, before or after June 11, 1986, including without
limitation, community property agreements, prenuptial and
postnuptial agreements, or agreements as to status of property. [1988 c 34 § 4; 1986 c 72 § 4.]
Chapter 26.18
CHILD SUPPORT ENFORCEMENT
Sections
26.18.010
26.18.020
26.18.030
26.18.035
26.18.040
26.18.050
26.18.055
Legislative findings.
Definitions.
Application—Liberal construction.
Other civil and criminal remedies applicable.
Support or spousal maintenance proceedings.
Failure to comply with support or spousal maintenance order—Contempt action—Order to show cause—Bench
warrant—Continuing jurisdiction.
Child support liens.
(2002 Ed.)
Child Support Enforcement
26.18.070
26.18.080
Mandatory wage assignment—Petition or motion.
Wage assignment order—Issuance—Information transmitted
to state support registry.
26.18.090 Wage assignment order—Contents—Amounts—
Apportionment of disbursements.
26.18.100 Wage assignment order—Form.
26.18.110 Wage assignment order—Employer’s answer, duties, and
liability—Priorities.
26.18.120 Wage assignment order—Employer’s answer—Form.
26.18.130 Wage assignment order—Service.
26.18.140 Hearing to quash, modify, or terminate wage assignment
order—Grounds—Alternate payment plan.
26.18.150 Bond or other security.
26.18.160 Costs.
26.18.170 Health insurance coverage—Enforcement.
26.18.180 Liability of employer or union—Penalties.
26.18.190 Compensation paid by agency, self-insurer, or social security
administration on behalf of child.
26.18.210 Child support order summary report form.
26.18.220 Standard court forms—Mandatory use.
26.18.900 Severability—1984 c 260.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
Family abandonment, penalty: RCW 26.20.030.
Family nonsupport, penalty: RCW 26.20.035.
Homestead subject to execution for child support or spousal maintenance:
RCW 6.13.080.
26.18.010 Legislative findings. The legislature finds
that there is an urgent need for vigorous enforcement of
child support and spousal maintenance obligations, and that
stronger and more efficient statutory remedies need to be
established to supplement and complement the remedies
provided in chapters 26.09, 26.21, 26.26, 74.20, and 74.20A
RCW. [1993 c 426 § 1; 1984 c 260 § 1.]
26.18.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Dependent child" means any child for whom a
support order has been established or for whom a duty of
support is owed.
(2) "Duty of spousal maintenance" means the duty to
provide for the needs of a spouse or former spouse imposed
under chapter 26.09 RCW.
(3) "Duty of support" means the duty to provide for the
needs of a dependent child, which may include necessary
food, clothing, shelter, education, and health care. The duty
includes any obligation to make monetary payments, to pay
expenses, including spousal maintenance in cases in which
there is a dependent child, or to reimburse another person or
an agency for the cost of necessary support furnished a
dependent child. The duty may be imposed by court order,
by operation of law, or otherwise.
(4) "Obligee" means the custodian of a dependent child,
the spouse or former spouse, or person or agency, to whom
a duty of support or duty of spousal maintenance is owed, or
the person or agency to whom the right to receive or collect
support or spousal maintenance has been assigned.
(5) "Obligor" means the person owing a duty of support
or duty of spousal maintenance.
(6) "Support or maintenance order" means any judgment, decree, or order of support or spousal maintenance
issued by the superior court or authorized agency of the state
of Washington; or a judgment, decree, or other order of
(2002 Ed.)
Chapter 26.18
support or spousal maintenance issued by a court or agency
of competent jurisdiction in another state or country, which
has been registered or otherwise made enforceable in this
state.
(7) "Employer" includes the United States government,
a state or local unit of government, and any person or entity
who pays or owes earnings or remuneration for employment
to the obligor.
(8) "Earnings" means compensation paid or payable for
personal services or remuneration for employment, whether
denominated as wages, salary, commission, bonus, or
otherwise, and, notwithstanding any other provision of law
making the payments exempt from garnishment, attachment,
or other process to satisfy support or spousal maintenance
obligations, specifically includes periodic payments pursuant
to pension or retirement programs, or insurance policies of
any type, but does not include payments made under Title 50
RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW.
(9) "Disposable earnings" means that part of the
earnings of an individual remaining after the deduction from
those earnings of any amount required by law to be withheld.
(10) "Department" means the department of social and
health services.
(11) "Health insurance coverage" includes any coverage
under which medical services are provided by an employer
or a union whether that coverage is provided through a selfinsurance program, under the employee retirement income
security act of 1974, a commercial insurer pursuant to
chapters 48.20 and 48.21 RCW, a health care service
contractor pursuant to chapter 48.44 RCW, or a health
maintenance organization pursuant to chapter 48.46 RCW,
and the state through chapter 41.05 RCW.
(12) "Insurer" means a commercial insurance company
providing disability insurance under chapter 48.20 or 48.21
RCW, a health care service contractor providing health care
coverage under chapter 48.44 RCW, a health maintenance
organization providing comprehensive health care services
under chapter 48.46 RCW, and shall also include any
employer or union which is providing health insurance
coverage on a self-insured basis.
(13) "Remuneration for employment" means moneys
due from or payable by the United States to an individual
within the scope of 42 U.S.C. Sec. 659 and 42 U.S.C. Sec.
662(f). [1993 c 426 § 2; 1989 c 416 § 2; 1987 c 435 § 17;
1984 c 260 § 2.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.030 Application—Liberal construction. (1)
The remedies provided in this chapter are in addition to, and
not in substitution for, any other remedies provided by law.
(2) This chapter applies to any dependent child, whether
born before or after June 7, 1984, and regardless of the past
or current marital status of the parents, and to a spouse or
former spouse.
(3) This chapter shall be liberally construed to assure
that all dependent children are adequately supported. [1993
c 426 § 3; 1984 c 260 § 3.]
[Title 26 RCW—page 47]
26.18.035
Title 26 RCW: Domestic Relations
26.18.035 Other civil and criminal remedies applicable. Nothing in this chapter limits the authority of the
attorney general or prosecuting attorney to use any and all
civil and criminal remedies to enforce child support obligations regardless of whether or not the custodial parent
receives public assistance payments. [1984 c 260 § 24.]
26.18.040 Support or spousal maintenance proceedings. (1) A proceeding to enforce a duty of support or
spousal maintenance is commenced:
(a) By filing a petition for an original action; or
(b) By motion in an existing action or under an existing
cause number.
(2) Venue for the action is in the superior court of the
county where the dependent child resides or is present,
where the obligor or obligee resides, or where the prior
support or maintenance order was entered. The petition or
motion may be filed by the obligee, the state, or any agency
providing care or support to the dependent child. A filing
fee shall not be assessed in cases brought on behalf of the
state of Washington.
(3) The court retains continuing jurisdiction under this
chapter until all duties of either support or spousal maintenance, or both, of the obligor, including arrearages, have
been satisfied. [1993 c 426 § 4; 1984 c 260 § 4.]
26.18.050 Failure to comply with support or spousal
maintenance order—Contempt action—Order to show
cause—Bench warrant—Continuing jurisdiction. (1) If
an obligor fails to comply with a support or spousal maintenance order, a petition or motion may be filed without notice
under RCW 26.18.040 to initiate a contempt action as
provided in chapter 7.21 RCW. If the court finds there is
reasonable cause to believe the obligor has failed to comply
with a support or spousal maintenance order, the court may
issue an order to show cause requiring the obligor to appear
at a certain time and place for a hearing, at which time the
obligor may appear to show cause why the relief requested
should not be granted. A copy of the petition or motion
shall be served on the obligor along with the order to show
cause.
(2) Service of the order to show cause shall be by
personal service, or in the manner provided in the civil rules
of superior court or applicable statute.
(3) If the order to show cause served upon the obligor
included a warning that an arrest warrant could be issued for
failure to appear, the court may issue a bench warrant for the
arrest of the obligor if the obligor fails to appear on the
return date provided in the order.
(4) If the obligor contends at the hearing that he or she
lacked the means to comply with the support or spousal
maintenance order, the obligor shall establish that he or she
exercised due diligence in seeking employment, in conserving assets, or otherwise in rendering himself or herself able
to comply with the court’s order.
(5) As provided in RCW 26.18.040, the court retains
continuing jurisdiction under this chapter and may use a
contempt action to enforce a support or maintenance order
until the obligor satisfies all duties of support, including
arrearages, that accrued pursuant to the support or mainte-
nance order. [1993 c 426 § 5; 1989 c 373 § 22; 1984 c 260
§ 5.]
Severability—1989 c 373: See RCW 7.21.900.
26.18.055 Child support liens. Child support debts,
not paid when due, become liens by operation of law against
all property of the debtor with priority of a secured creditor.
This lien shall be separate and apart from, and in addition to,
any other lien created by, or provided for, in this title. The
lien attaches to all real and personal property of the debtor
on the date of filing with the county auditor of the county in
which the property is located. Liens filed by other states or
jurisdictions that comply with the procedural rules for filing
liens under chapter 65.04 RCW shall be accorded full faith
and credit and are enforceable without judicial notice or
hearing. [2000 c 86 § 1; 1997 c 58 § 942.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.18.070 Mandatory wage assignment—Petition or
motion. (1) A petition or motion seeking a mandatory wage
assignment in an action under RCW 26.18.040 may be filed
by an obligee if the obligor is:
(a) Subject to a support order allowing immediate
income withholding; or
(b) More than fifteen days past due in child support or
spousal maintenance payments in an amount equal to or
greater than the obligation payable for one month.
(2) The petition or motion shall include a sworn
statement by the obligee, stating the facts authorizing the
issuance of the wage assignment order, including:
(a) That the obligor, stating his or her name and
residence, is:
(i) Subject to a support order allowing immediate
income withholding; or
(ii) More than fifteen days past due in child support or
spousal maintenance payments in an amount equal to or
greater than the obligation payable for one month;
(b) A description of the terms of the order requiring
payment of support or spousal maintenance, and the amount
past due, if any;
(c) The name and address of the obligor’s employer;
(d) That notice by personal service or any form of mail
requiring a return receipt, has been provided to the obligor
at least fifteen days prior to the obligee seeking a mandatory
wage assignment, unless the order for support or maintenance states that the obligee may seek a mandatory wage
assignment without notice to the obligor; and
(e) In cases not filed by the state, whether the obligee
has received public assistance from any source and, if the
obligee has received public assistance, that the department of
social and health services has been notified in writing of the
pending action.
(3) If the court in which a mandatory wage assignment
is sought does not already have a copy of the support or
maintenance order in the court file, then the obligee shall
attach a copy of the support or maintenance order to the
petition or motion seeking the wage assignment. [1994 c
230 § 3; 1993 c 426 § 6; 1987 c 435 § 18; 1984 c 260 § 7.]
Effective date—1987 c 435: See RCW 26.23.900.
[Title 26 RCW—page 48]
(2002 Ed.)
Child Support Enforcement
26.18.080 Wage assignment order—Issuance—
Information transmitted to state support registry. (1)
Upon receipt of a petition or motion seeking a mandatory
wage assignment that complies with RCW 26.18.070, the
court shall issue a wage assignment order, as provided in
RCW 26.18.100 and including the information required in
RCW 26.18.090(1), directed to the employer, and commanding the employer to answer the order on the forms served
with the order that comply with RCW 26.18.120 within
twenty days after service of the order upon the employer.
(2) The clerk of the court shall forward a copy of the
mandatory wage assignment order, a true and correct copy
of the support orders in the court file, and a statement
containing the obligee’s address and social security number
shall be forwarded to the Washington state support registry
within five days of the entry of the order. [1987 c 435 § 19;
1984 c 260 § 8.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.090 Wage assignment order—Contents—
Amounts—Apportionment of disbursements. (1) The
wage assignment order in RCW 26.18.080 shall include:
(a) The maximum amount of current support or spousal
maintenance, if any, to be withheld from the obligor’s
earnings each month, or from each earnings disbursement;
and
(b) The total amount of the arrearage or reimbursement
judgment previously entered by the court, if any, together
with interest, if any.
(2) The total amount to be withheld from the obligor’s
earnings each month, or from each earnings disbursement,
shall not exceed fifty percent of the disposable earnings of
the obligor. If the amounts to be paid toward the arrearage
are specified in the support or spousal maintenance order,
then the maximum amount to be withheld is the sum of:
Either the current support or spousal maintenance ordered,
or both; and the amount ordered to be paid toward the
arrearage, or fifty percent of the disposable earnings of the
obligor, whichever is less.
(3) The provisions of RCW 6.27.150 do not apply to
wage assignments for child support or spousal maintenance
authorized under this chapter, but fifty percent of the
disposable earnings of the obligor are exempt, and may be
disbursed to the obligor.
(4) If an obligor is subject to two or more attachments
for child support on account of different obligees, the
employer shall, if the nonexempt portion of the obligor’s
earnings is not sufficient to respond fully to all the attachments, apportion the obligor’s nonexempt disposable earnings between or among the various obligees equally. Any
obligee may seek a court order reapportioning the obligor’s
nonexempt disposable earnings upon notice to all interested
obligees. Notice shall be by personal service, or in the
manner provided by the civil rules of superior court or
applicable statute.
(5) If an obligor is subject to two or more attachments
for spousal maintenance on account of different obligees, the
employer shall, if the nonexempt portion of the obligor’s
earnings is not sufficient to respond fully to all the attachments, apportion the obligor’s nonexempt disposable earnings between or among the various obligees equally. An
obligee may seek a court order reapportioning the obligor’s
(2002 Ed.)
26.18.080
nonexempt disposable earnings upon notice to all interested
obligees. Notice shall be by personal service, or in the
manner provided by the civil rules of superior court or
applicable statute. [1993 c 426 § 7; 1984 c 260 § 9.]
26.18.100 Wage assignment order—Form. The
wage assignment order shall be substantially in the following
form:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
............ ,
Obligee
vs.
............ ,
Obligor
............ ,
Employer
No. . . . .
WAGE ASSIGNMENT
ORDER
THE STATE OF WASHINGTON TO: . . . . . . . . . . . . . .
Employer
AND TO: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Obligor
The above-named obligee claims that the above-named
obligor is subject to a support order requiring immediate
income withholding or is more than fifteen days past due in
either child support or spousal maintenance payments, or
both, in an amount equal to or greater than the child support
or spousal maintenance payable for one month. The amount
of the accrued child support or spousal maintenance debt as
of this date is . . . . . . dollars, the amount of arrearage
payments specified in the support or spousal maintenance
order (if applicable) is . . . . . . dollars per . . . . . ., and the
amount of the current and continuing support or spousal
maintenance obligation under the order is . . . . . . dollars per
......
You are hereby commanded to answer this order by
filling in the attached form according to the instructions, and
you must mail or deliver the original of the answer to the
court, one copy to the Washington state support registry, one
copy to the obligee or obligee’s attorney, and one copy to
the obligor within twenty days after service of this wage
assignment order upon you.
If you possess any earnings or other remuneration for
employment due and owing to the obligor, then you shall do
as follows:
(1) Withhold from the obligor’s earnings or remuneration each month, or from each regular earnings disbursement,
the lesser of:
(a) The sum of the accrued support or spousal maintenance debt and the current support or spousal maintenance
obligation;
(b) The sum of the specified arrearage payment amount
and the current support or spousal maintenance obligation;
or
(c) Fifty percent of the disposable earnings or remuneration of the obligor.
(2) The total amount withheld above is subject to the
wage assignment order, and all other sums may be disbursed
to the obligor.
[Title 26 RCW—page 49]
26.18.100
Title 26 RCW: Domestic Relations
(3) Upon receipt of this wage assignment order you
shall make immediate deductions from the obligor’s earnings
or remuneration and remit to the Washington state support
registry or other address specified below the proper amounts
within five working days of each regular pay interval.
You shall continue to withhold the ordered amounts
from nonexempt earnings or remuneration of the obligor
until notified by:
(a) The court that the wage assignment has been
modified or terminated; or
(b) The addressee specified in the wage assignment
order under this section that the accrued child support or
spousal maintenance debt has been paid.
You shall promptly notify the court and the addressee
specified in the wage assignment order under this section if
and when the employee is no longer employed by you, or if
the obligor no longer receives earnings or remuneration from
you. If you no longer employ the employee, the wage
assignment order shall remain in effect until you are no
longer in possession of any earnings or remuneration owed
to the employee.
You shall deliver the withheld earnings or remuneration
to the Washington state support registry or other address
stated below within five working days of each regular pay
interval.
You shall deliver a copy of this order to the obligor as
soon as is reasonably possible. This wage assignment order
has priority over any other wage assignment or garnishment,
except for another wage assignment or garnishment for child
support or spousal maintenance, or order to withhold or
deliver under chapter 74.20A RCW.
WHETHER OR NOT YOU OWE ANYTHING TO
THE OBLIGOR, YOUR FAILURE TO ANSWER
AS REQUIRED MAY MAKE YOU LIABLE FOR
THE AMOUNT OF SUPPORT MONEYS THAT
SHOULD HAVE BEEN WITHHELD FROM THE
OBLIGOR’S EARNINGS OR SUBJECT TO
CONTEMPT OF COURT.
NOTICE TO OBLIGOR: YOU HAVE A RIGHT TO
REQUEST A HEARING IN THE SUPERIOR COURT
THAT ISSUED THIS WAGE ASSIGNMENT ORDER, TO
REQUEST THAT THE COURT QUASH, MODIFY, OR
TERMINATE THE WAGE ASSIGNMENT ORDER.
REGARDLESS OF THE FACT THAT YOUR WAGES
ARE BEING WITHHELD PURSUANT TO THIS ORDER,
YOU MAY HAVE SUSPENDED OR NOT RENEWED A
PROFESSIONAL, DRIVER’S, OR OTHER LICENSE IF
YOU ACCRUE CHILD SUPPORT ARREARAGES
TOTALING MORE THAN SIX MONTHS OF CHILD
SUPPORT PAYMENTS OR FAIL TO MAKE PAYMENTS
TOWARDS A SUPPORT ARREARAGE IN AN AMOUNT
THAT EXCEEDS SIX MONTHS OF PAYMENTS.
DATED THIS . . . . day of . . . ., 19. . .
...................
Obligee,
or obligee’s attorney
Send withheld payments to:
[Title 26 RCW—page 50]
...................
Judge/Court Commissioner
...............
...................
...................
[1998 c 77 § 1. Prior: 1997 c 296 § 10; 1997 c 58 § 889;
1994 c 230 § 4; 1993 c 426 § 8; 1991 c 367 § 20; 1989 c
416 § 10; 1987 c 435 § 20; 1984 c 260 § 10.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective date—1987 c 435: See RCW 26.23.900.
26.18.110 Wage assignment order—Employer’s
answer, duties, and liability—Priorities. (1) An employer
upon whom service of a wage assignment order has been
made shall answer the order by sworn affidavit within
twenty days after the date of service. The answer shall state
whether the obligor is employed by or receives earnings or
other remuneration from the employer, whether the employer
will honor the wage assignment order, and whether there are
either multiple child support or spousal maintenance attachments, or both, against the obligor.
(2) If the employer possesses any earnings or remuneration due and owing to the obligor, the earnings subject to the
wage assignment order shall be withheld immediately upon
receipt of the wage assignment order. The withheld earnings
shall be delivered to the Washington state support registry
or, if the wage assignment order is to satisfy a duty of
spousal maintenance, to the addressee specified in the
assignment within five working days of each regular pay
interval.
(3) The employer shall continue to withhold the ordered
amounts from nonexempt earnings or remuneration of the
obligor until notified by:
(a) The court that the wage assignment has been
modified or terminated; or
(b) The Washington state support registry or obligee that
the accrued child support or spousal maintenance debt has
been paid, provided the wage assignment order contains the
language set forth under RCW 26.18.100(3)(b). The
employer shall promptly notify the addressee specified in the
assignment when the employee is no longer employed. If
the employer no longer employs the employee, the wage
assignment order shall remain in effect for one year after the
employee has left the employment or the employer has been
in possession of any earnings or remuneration owed to the
employee, whichever is later. The employer shall continue
to hold the wage assignment order during that period. If the
employee returns to the employer’s employment during the
one-year period the employer shall immediately begin to
withhold the employee’s earnings or remuneration according
to the terms of the wage assignment order. If the employee
has not returned within one year, the wage assignment shall
cease to have effect at the expiration of the one-year period,
unless the employer continues to owe remuneration for
employment to the obligor.
(4) The employer may deduct a processing fee from the
remainder of the employee’s earnings after withholding
under the wage assignment order, even if the remainder is
(2002 Ed.)
Child Support Enforcement
exempt under RCW 26.18.090. The processing fee may not
exceed (a) ten dollars for the first disbursement made by the
employer to the Washington state support registry; and (b)
one dollar for each subsequent disbursement to the clerk.
(5) An order for wage assignment for support for a
dependent child entered under this chapter shall have priority
over any other wage assignment or garnishment, except for
another wage assignment or garnishment for child support,
or order to withhold and deliver under chapter 74.20A RCW.
An order for wage assignment for spousal maintenance
entered under this chapter shall have priority over any other
wage assignment or garnishment, except for a wage assignment, garnishment, or order to withhold and deliver under
chapter 74.20A RCW for support of a dependent child, and
except for another wage assignment or garnishment for
spousal maintenance.
(6) An employer who fails to withhold earnings as
required by a wage assignment issued under this chapter may
be held liable to the obligee for one hundred percent of the
support or spousal maintenance debt, or the amount of
support or spousal maintenance moneys that should have
been withheld from the employee’s earnings whichever is the
lesser amount, if the employer:
(a) Fails or refuses, after being served with a wage
assignment order, to deduct and promptly remit from the
unpaid earnings the amounts of money required in the order;
(b) Fails or refuses to submit an answer to the notice of
wage assignment after being served; or
(c) Is unwilling to comply with the other requirements
of this section.
Liability may be established in superior court. Awards
in superior court shall include costs, interest under RCW
19.52.020 and 4.56.110, and reasonable attorneys’ fees.
(7) No employer who complies with a wage assignment
issued under this chapter may be liable to the employee for
wrongful withholding.
(8) No employer may discharge, discipline, or refuse to
hire an employee because of the entry or service of a wage
assignment issued and executed under this chapter. If an
employer discharges, disciplines, or refuses to hire an employee in violation of this section, the employee or person
shall have a cause of action against the employer. The
employer shall be liable for double the amount of damages
suffered as a result of the violation and for costs and reasonable attorneys’ fees, and shall be subject to a civil penalty of
not more than two thousand five hundred dollars for each
violation. The employer may also be ordered to hire, rehire,
or reinstate the aggrieved individual.
(9) For wage assignments payable to the Washington
state support registry, an employer may combine amounts
withheld from various employees into a single payment to
the Washington state support registry, if the payment
includes a listing of the amounts attributable to each employee and other information as required by the registry.
(10) An employer shall deliver a copy of the wage
assignment order to the obligor as soon as is reasonably
possible. [1998 c 77 § 2; 1994 c 230 § 5; 1993 c 426 § 9;
1991 c 367 § 21; 1989 c 416 § 11; 1987 c 435 § 21; 1984
c 260 § 11.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective date—1987 c 435: See RCW 26.23.900.
(2002 Ed.)
26.18.110
26.18.120 Wage assignment order—Employer’s
answer—Form. The answer of the employer shall be made
on forms, served on the employer with the wage assignment
order, substantially as follows:
IN THE SUPERIOR COURT OF THE
STATE OF WASHINGTON IN AND FOR THE
COUNTY OF . . . . . . . . .
............
Obligee
No.
............
vs.
............
Obligor
ANSWER
TO WAGE
ASSIGNMENT ORDER
............
Employer
1. At the time of the service of the wage assignment
order on the employer, was the above-named obligor
employed by or receiving earnings or other remuneration for
employment from the employer?
Yes . . . . . . No . . . . . . (check one).
2. Are there any other attachments for child support or
spousal maintenance currently in effect against the obligor?
Yes . . . . . . No . . . . . . (check one).
3. If the answer to question one is yes and the employer
cannot comply with the wage assignment order, provide an
explanation:
I declare under penalty of perjury under the laws of the
state of Washington that the foregoing is true and correct.
...............
Signature of employer
...................
Date and place
...................
...............
Signature of person
answering for employer
...................
Address for future notice
to employer
...............
Connection with employer
[1993 c 426 § 10; 1984 c 260 § 12.]
26.18.130 Wage assignment order—Service. (1)
Service of the wage assignment order on the employer is
invalid unless it is served with five answer forms in substantial conformance with RCW 26.18.120, together with
stamped envelopes addressed to, respectively, the clerk of
the court where the order was issued, the Washington state
support registry, the obligee’s attorney or the obligee, and
the obligor. The obligee shall also include an extra copy of
the wage assignment order for the employer to deliver to the
obligor. Service on the employer shall be in person or by
any form of mail requiring a return receipt.
(2) On or before the date of service of the wage
assignment order on the employer, the obligee shall mail or
cause to be mailed by certified mail a copy of the wage
assignment order to the obligor at the obligor’s last known
post office address; or, in the alternative, a copy of the wage
assignment order shall be served on the obligor in the same
manner as a summons in a civil action on, before, or within
[Title 26 RCW—page 51]
26.18.130
Title 26 RCW: Domestic Relations
two days after the date of service of the order on the
employer. This requirement is not jurisdictional, but if the
copy is not mailed or served as this subsection provides, or
if any irregularity appears with respect to the mailing or
service, the superior court, in its discretion, may quash the
wage assignment order, upon motion of the obligor promptly
made and supported by an affidavit showing that the obligor
has suffered substantial injury due to the failure to mail or
serve the copy. [1987 c 435 § 22; 1984 c 260 § 13.]
Effective date—1987 c 435: See RCW 26.23.900.
26.18.140 Hearing to quash, modify, or terminate
wage assignment order—Grounds—Alternate payment
plan. (1) Except as provided in subsection (2) of this
section, in a hearing to quash, modify, or terminate the wage
assignment order, the court may grant relief only upon a
showing that the wage assignment order causes extreme
hardship or substantial injustice. Satisfaction by the obligor
of all past due payments subsequent to the issuance of the
wage assignment order is not grounds to quash, modify, or
terminate the wage assignment order. If a wage assignment
order has been in operation for twelve consecutive months
and the obligor’s support or spousal maintenance obligation
is current, the court may terminate the order upon motion of
the obligor unless the obligee can show good cause as to
why the wage assignment order should remain in effect.
(2) The court may enter an order delaying, modifying,
or terminating the wage assignment order and order the
obligor to make payments directly to the obligee as provided
in RCW 26.23.050(2). [1994 c 230 § 6; 1993 c 426 § 11;
1991 c 367 § 22; 1984 c 260 § 14.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.18.150 Bond or other security. (1) In any action
to enforce a support or spousal maintenance order under
Title 26 RCW, the court may, in its discretion, order a
parent obligated to pay support for a minor child or person
owing a duty of spousal maintenance to post a bond or other
security with the court. The bond or other security shall be
in the amount of support or spousal maintenance due for a
two-year period. The bond or other security is subject to approval by the court. The bond shall include the name and
address of the issuer. If the bond is canceled, any person
issuing a bond under this section shall notify the court and
the person entitled to receive payment under the order.
(2) If the obligor fails to make payments as required
under the court order, the person entitled to receive payment
may recover on the bond or other security in the existing
proceeding. The court may, after notice and hearing,
increase the amount of the bond or other security. Failure
to comply with the court’s order to obtain and maintain a
bond or other security may be treated as contempt of court.
[1993 c 426 § 12; 1984 c 260 § 15.]
26.18.160 Costs. In any action to enforce a support
or maintenance order under this chapter, the prevailing party
is entitled to a recovery of costs, including an award for
reasonable attorney fees. An obligor may not be considered
a prevailing party under this section unless the obligee has
[Title 26 RCW—page 52]
acted in bad faith in connection with the proceeding in
question. [1993 c 426 § 13; 1984 c 260 § 25.]
26.18.170 Health insurance coverage—Enforcement.
(1) Whenever an obligor parent who has been ordered to
provide health insurance coverage for a dependent child fails
to provide such coverage or lets it lapse, the department or
the obligee may seek enforcement of the coverage order as
provided under this section.
(2)(a) If the obligor parent’s order to provide health
insurance coverage contains language notifying the obligor
that failure to provide such coverage or proof that such
coverage is unavailable may result in direct enforcement of
the order and orders payments through, or has been submitted to, the Washington state support registry for enforcement,
then the department may, without further notice to the
obligor, send a notice of enrollment to the obligor’s employer or union. The notice shall be served:
(i) By regular mail;
(ii) In the manner prescribed for the service of a
summons in a civil action;
(iii) By certified mail, return receipt requested; or
(iv) By electronic means if there is an agreement
between the secretary of the department and the person, firm,
corporation, association, political subdivision, department of
the state, or agency, subdivision, or instrumentality of the
United States to accept service by electronic means.
(b) The notice shall require the employer or union to
enroll the child in the health insurance plan as provided in
subsection (3) of this section.
(c) The returned answer to the division of child support
by the employer constitutes proof of service of the notice of
enrollment in the case where the notice was served by
regular mail.
(d) The division of child support may use uniform
interstate forms adopted by the United States department of
health and human services to take insurance enrollment
actions under this section.
(e) If the obligor parent’s order to provide health
insurance coverage does not order payments through, and
has not been submitted to, the Washington state support
registry for enforcement:
(i) The obligee may, without further notice to the
obligor send a certified copy of the order requiring health
insurance coverage to the obligor’s employer or union by
certified mail, return receipt requested; and
(ii) The obligee shall attach a notarized statement to the
order declaring that the order is the latest order addressing
coverage entered by the court and require the employer or
union to enroll the child in the health insurance plan as
provided in subsection (3) of this section.
(3) Upon receipt of an order that provides for health
insurance coverage, or a notice of enrollment:
(a) The obligor’s employer or union shall answer the
party who sent the order or notice within twenty days and
confirm that the child:
(i) Has been enrolled in the health insurance plan;
(ii) Will be enrolled; or
(iii) Cannot be covered, stating the reasons why such
coverage cannot be provided;
(2002 Ed.)
Child Support Enforcement
(b) The employer or union shall withhold any required
premium from the obligor’s income or wages;
(c) If more than one plan is offered by the employer or
union, and each plan may be extended to cover the child,
then the child shall be enrolled in the obligor’s plan. If the
obligor’s plan does not provide coverage which is accessible
to the child, the child shall be enrolled in the least expensive
plan otherwise available to the obligor parent;
(d) The employer or union shall provide information
about the name of the health insurance coverage provider or
issuer and the extent of coverage available to the obligee or
the department and shall make available any necessary claim
forms or enrollment membership cards.
(4) If the order for coverage contains no language
notifying the obligor that failure to provide health insurance
coverage or proof that such coverage is unavailable may
result in direct enforcement of the order, the department or
the obligee may serve a written notice of intent to enforce
the order on the obligor by certified mail, return receipt
requested, or by personal service. If the obligor fails to
provide written proof that such coverage has been obtained
or applied for or fails to provide proof that such coverage is
unavailable within twenty days of service of the notice, the
department or the obligee may proceed to enforce the order
directly as provided in subsection (2) of this section.
(5) If the obligor ordered to provide health insurance
coverage elects to provide coverage that will not be accessible to the child because of geographic or other limitations
when accessible coverage is otherwise available, the department or the obligee may serve a written notice of intent to
purchase health insurance coverage on the obligor by
certified mail, return receipt requested. The notice shall also
specify the type and cost of coverage.
(6) If the department serves a notice under subsection
(5) of this section the obligor shall, within twenty days of
the date of service:
(a) File an application for an adjudicative proceeding; or
(b) Provide written proof to the department that the
obligor has either applied for, or obtained, coverage accessible to the child.
(7) If the obligee serves a notice under subsection (5) of
this section, within twenty days of the date of service the
obligor shall provide written proof to the obligee that the
obligor has either applied for, or obtained, coverage accessible to the child.
(8) If the obligor fails to respond to a notice served
under subsection (5) of this section to the party who served
the notice, the party who served the notice may purchase the
health insurance coverage specified in the notice directly.
The amount of the monthly premium shall be added to the
support debt and be collectible without further notice. The
amount of the monthly premium may be collected or accrued
until the obligor provides proof of the required coverage.
(9) The signature of the obligee or of a department
employee shall be a valid authorization to the coverage
provider or issuer for purposes of processing a payment to
the child’s health services provider. An order for health
insurance coverage shall operate as an assignment of all
benefit rights to the obligee or to the child’s health services
provider, and in any claim against the coverage provider or
issuer, the obligee or the obligee’s assignee shall be subrogated to the rights of the obligor. Notwithstanding the pro(2002 Ed.)
26.18.170
visions of this section regarding assignment of benefits, this
section shall not require a health care service contractor
authorized under chapter 48.44 RCW or a health maintenance organization authorized under chapter 48.46 RCW to
deviate from their contractual provisions and restrictions
regarding reimbursement for covered services. If the
coverage is terminated, the employer shall mail a notice of
termination to the department or the obligee at the obligee’s
last known address within thirty days of the termination date.
(10) This section shall not be construed to limit the right
of the obligor or the obligee to bring an action in superior
court at any time to enforce, modify, or clarify the original
support order.
(11) Where a child does not reside in the issuer’s
service area, an issuer shall cover no less than urgent and
emergent care. Where the issuer offers broader coverage,
whether by policy or reciprocal agreement, the issuer shall
provide such coverage to any child otherwise covered that
does not reside in the issuer’s service area.
(12) If an obligor fails to pay his or her portion of any
deductible required under the health insurance coverage or
fails to pay his or her portion of medical expenses incurred
in excess of the coverage provided under the plan, the
department or the obligee may enforce collection of the
obligor’s portion of the deductible or the additional medical
expenses through a wage assignment order. The amount of
the deductible or additional medical expenses shall be added
to the support debt and be collectible without further notice
if the obligor’s share of the amount of the deductible or
additional expenses is reduced to a sum certain in a court
order. [2000 c 86 § 2; 1995 c 34 § 7; 1994 c 230 § 7; 1993
c 426 § 14; 1989 c 416 § 5.]
26.18.180 Liability of employer or union—Penalties.
(1) An obligated parent’s employer or union shall be liable
for a fine of up to one thousand dollars per occurrence, if
the employer or union fails or refuses, within twenty days of
receiving the order or notice for health insurance coverage
to:
(a) Promptly enroll the obligated parent’s child in the
health insurance plan; or
(b) Make a written answer to the person or entity who
sent the order or notice for health insurance coverage stating
that the child:
(i) Will be enrolled in the next available open enrollment period; or
(ii) Cannot be covered and explaining the reasons why
coverage cannot be provided.
(2) Liability may be established and the fine may be
collected by the office of support enforcement under chapter
74.20A or 26.23 RCW using any of the remedies contained
in those chapters.
(3) Any employer or union who enrolls a child in a
health insurance plan in compliance with chapter 26.18 RCW
shall be exempt from liability resulting from such enrollment. [2000 c 86 § 3; 1989 c 416 § 9.]
26.18.190 Compensation paid by agency, selfinsurer, or social security administration on behalf of
child. (1) When the department of labor and industries or
a self-insurer pays compensation under chapter 51.32 RCW
[Title 26 RCW—page 53]
26.18.190
Title 26 RCW: Domestic Relations
on behalf of or on account of the child or children of the
injured worker for whom the injured worker owes a duty of
child support, the amount of compensation the department or
self-insurer pays on behalf of the child or children shall be
treated for all purposes as if the injured worker paid the
compensation toward satisfaction of the injured worker’s
child support obligations.
(2) When the social security administration pays social
security disability dependency benefits, retirement benefits,
or survivors insurance benefits on behalf of or on account of
the child or children of a disabled person, a retired person,
or a deceased person, the amount of benefits paid for the
child or children shall be treated for all purposes as if the
disabled person, the retired person, or the deceased person
paid the benefits toward the satisfaction of that person’s
child support obligation for that period for which benefits are
paid.
(3) Under no circumstances shall the person who has the
obligation to make the transfer payment have a right to
reimbursement of any compensation paid under subsection
(1) or (2) of this section. [1995 c 236 § 1; 1990 1st ex.s. c
2 § 17.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.18.210 Child support order summary report
form. (1) The administrator for the courts shall develop a
child support order summary report form to provide for the
reporting of summary information in every case in which a
child support order is entered or modified either judicially or
administratively. The administrator for the courts shall
attempt to the greatest extent possible to make the form
simple and understandable by the parties. The form shall
indicate the following:
(a) The county in which the order was entered and the
cause number;
(b) Whether it was a judicial or administrative order;
(c) Whether the order is an original order or from a
modification;
(d) The number of children of the parties and the
children’s ages;
(e) The combined monthly net income of parties;
(f) The monthly net income of the father as determined
by the court;
(g) The monthly net income of the mother as determined by the court;
(h) The basic child support obligation for each child as
determined from the economic table;
(i) Whether or not the court deviated from the child
support for each child;
(j) The reason or reasons stated by the court for the
deviation;
(k) The amount of child support after the deviation;
(l) Any amount awarded for day care;
(m) Any other extraordinary amounts in the order;
(n) Any amount ordered for postsecondary education;
(o) The total amount of support ordered;
(p) In the case of a modification, the amount of support
in the previous order;
(q) If the change in support was in excess of thirty
percent, whether the change was phased in;
(r) The amount of the transfer payment ordered;
[Title 26 RCW—page 54]
(s) Which parent was ordered to make the transfer
payment; and
(t) The date of the entry of the order.
(2) The administrator for the courts shall make the form
available to the parties. [1990 1st ex.s. c 2 § 22.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.18.220 Standard court forms—Mandatory use.
(1) The administrator for the courts shall develop not later
than July 1, 1991, standard court forms and format rules for
mandatory use by litigants in all actions commenced under
chapters 26.09, 26.10, and 26.26 RCW effective January 1,
1992. The administrator for the courts shall develop
mandatory forms for financial affidavits for integration into
the worksheets. The forms shall be developed and approved
not later than September 1, 1992. The parties shall use the
mandatory form for financial affidavits for actions commenced on or after September 1, 1992. The administrator
for the courts has continuing responsibility to develop and
revise mandatory forms and format rules as appropriate.
(2) A party may delete unnecessary portions of the
forms according to the rules established by the administrator
for the courts. A party may supplement the mandatory
forms with additional material.
(3) A party’s failure to use the mandatory forms or
follow the format rules shall not be a reason to dismiss a
case, refuse a filing, or strike a pleading. However, the
court may require the party to submit a corrected pleading
and may impose terms payable to the opposing party or
payable to the court, or both.
(4) The administrator for the courts shall distribute a
master copy of the forms to all county court clerks. The
administrator for the courts and county clerks shall distribute
the mandatory forms to the public upon request and may
charge for the cost of production and distribution of the
forms. Private vendors may distribute the mandatory forms.
Distribution may be in printed or electronic form. [1992 c
229 § 5; 1990 1st ex.s. c 2 § 25.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.18.900 Severability—1984 c 260. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 260 § 43.]
Chapter 26.19
CHILD SUPPORT SCHEDULE
Sections
26.19.001
26.19.011
26.19.020
26.19.025
26.19.035
26.19.045
26.19.050
26.19.055
26.19.065
Legislative intent and finding.
Definitions.
Child support economic table.
Legislative review of support schedule.
Standards for application of the child support schedule.
Veterans’ disability pensions, compensation for disability,
and aid and attendant care payments.
Worksheets and instructions.
Payments for attendant services in cases of disability.
Standards for establishing lower and upper limits on child
support amounts.
(2002 Ed.)
Child Support Schedule
26.19.071
26.19.075
26.19.080
26.19.090
26.19.100
Standards for determination of income.
Standards for deviation from the standard calculation.
Allocation of child support obligation between parents—
Court-ordered day care or special child rearing expenses.
Standards for postsecondary educational support awards.
Federal income tax exemptions.
26.19.001 Legislative intent and finding. The
legislature intends, in establishing a child support schedule,
to insure that child support orders are adequate to meet a
child’s basic needs and to provide additional child support
commensurate with the parents’ income, resources, and
standard of living. The legislature also intends that the child
support obligation should be equitably apportioned between
the parents.
The legislature finds that these goals will be best
achieved by the adoption and use of a statewide child
support schedule. Use of a statewide schedule will benefit
children and their parents by:
(1) Increasing the adequacy of child support orders
through the use of economic data as the basis for establishing the child support schedule;
(2) Increasing the equity of child support orders by
providing for comparable orders in cases with similar
circumstances; and
(3) Reducing the adversarial nature of the proceedings
by increasing voluntary settlements as a result of the greater
predictability achieved by a uniform statewide child support
schedule. [1988 c 275 § 1.]
Effective dates—1988 c 275: "Except for sections 4, 8, and 9 of this
act, this act shall take effect July 1, 1988. Sections 4 and 8 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [March 24, 1988]." [1988 c 275 §
23.]
Severability—1988 c 275: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 275 § 24.]
26.19.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Basic child support obligation" means the monthly
child support obligation determined from the economic table
based on the parties’ combined monthly net income and the
number of children for whom support is owed.
(2) "Child support schedule" means the standards,
economic table, worksheets, and instructions, as defined in
this chapter.
(3) "Court" means a superior court judge, court commissioner, and presiding and reviewing officers who administratively determine or enforce child support orders.
(4) "Deviation" means a child support amount that
differs from the standard calculation.
(5) "Economic table" means the child support table for
the basic support obligation provided in RCW 26.19.020.
(6) "Instructions" means the instructions developed by
the office of the administrator for the courts pursuant to
RCW 26.19.050 for use in completing the worksheets.
(7) "Standards" means the standards for determination
of child support as provided in this chapter.
(8) "Standard calculation" means the presumptive
amount of child support owed as determined from the child
(2002 Ed.)
Chapter 26.19
support schedule before the court considers any reasons for
deviation.
(9) "Support transfer payment" means the amount of
money the court orders one parent to pay to another parent
or custodian for child support after determination of the
standard calculation and deviations. If certain expenses or
credits are expected to fluctuate and the order states a
formula or percentage to determine the additional amount or
credit on an ongoing basis, the term "support transfer
payment" does not mean the additional amount or credit.
(10) "Worksheets" means the forms developed by the
office of the administrator for the courts pursuant to RCW
26.19.050 for use in determining the amount of child
support. [1991 sp.s. c 28 § 4.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.020
Child support economic table.
ECONOMIC TABLE
MONTHLY BASIC SUPPORT OBLIGATION
PER CHILD
KEY: A = AGE 0-11 B = AGE 12-18
COMBINED
MONTHLY
NET
INCOME
ONE
CHILD
FAMILY
A
0
100
200
300
400
500
600
700
800
900
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
B
TWO
CHILDREN
FAMILY
A
B
For income less than $600 the obligation
is based upon the resources and living expenses
of each household. Minimum support shall not
be less than $25 per child per month except
when allowed by RCW 26.19.065(2).
133
155
177
199
220
242
264
285
307
327
347
367
387
407
427
447
467
487
506
526
534
542
549
164
191
218
246
272
299
326
352
379
404
428
453
478
503
527
552
577
601
626
650
661
670
679
103
120
137
154
171
188
205
221
238
254
269
285
300
316
331
347
362
378
393
408
416
421
427
127
148
170
191
211
232
253
274
294
313
333
352
371
390
409
429
448
467
486
505
513
520
527
[Title 26 RCW—page 55]
26.19.020
Title 26 RCW: Domestic Relations
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5100
5200
5300
5400
5500
5600
5700
5800
5900
6000
6100
6200
6300
6400
6500
6600
6700
6800
6900
7000
556
561
566
569
573
574
575
577
578
581
596
609
623
638
651
664
677
689
701
713
726
738
751
763
776
788
800
812
825
837
850
862
875
887
899
911
924
936
949
961
974
986
COMBINED
MONTHLY THREE
NET
CHILDREN
INCOME
FAMILY
A
0
100
200
300
400
500
600
700
B
686
693
699
704
708
710
711
712
713
719
736
753
770
788
805
821
836
851
866
882
897
912
928
943
959
974
989
1004
1019
1035
1050
1065
1081
1096
1112
1127
1142
1157
1172
1188
1203
1218
431
436
439
442
445
446
447
448
449
452
463
473
484
495
506
516
525
535
545
554
564
574
584
593
602
612
622
632
641
650
660
670
680
689
699
709
718
728
737
747
757
767
533
538
543
546
549
551
552
553
554
558
572
584
598
611
625
637
649
661
673
685
697
708
720
732
744
756
768
779
791
803
815
827
839
851
863
875
887
899
911
923
935
946
FOUR
FIVE
CHILDREN CHILDREN
FAMILY
FAMILY
A
B
A
B
For income less than $600 the obligation
is based upon the resources and living expenses
of each household. Minimum support shall not be
less than $25 per child per month except when
allowed by RCW 26.19.065(2).
86
100
106
124
[Title 26 RCW—page 56]
73
85
90
105
63
74
78
91
800
900
1000
1100
1200
1300
1400
1500
1600
1700
1800
1900
2000
2100
2200
2300
2400
2500
2600
2700
2800
2900
3000
3100
3200
3300
3400
3500
3600
3700
3800
3900
4000
4100
4200
4300
4400
4500
4600
4700
4800
4900
5000
5100
5200
5300
5400
5500
5600
5700
5800
5900
6000
6100
6200
6300
6400
6500
6600
6700
115
129
143
157
171
185
199
212
225
238
251
264
277
289
302
315
328
341
346
351
356
360
364
367
369
371
372
373
374
375
377
386
395
404
413
422
431
438
446
455
463
470
479
487
494
503
511
518
527
535
543
551
559
567
575
583
591
599
607
615
142
159
177
194
211
228
246
262
278
294
310
326
342
358
374
390
406
421
428
435
440
445
449
453
457
459
460
461
462
463
466
477
488
500
511
522
532
542
552
562
572
581
592
602
611
621
632
641
651
661
671
681
691
701
710
721
731
740
750
761
97
109
121
133
144
156
168
179
190
201
212
223
234
245
256
267
278
288
293
298
301
305
308
310
312
314
315
316
317
318
319
326
334
341
350
357
364
371
377
384
391
398
404
411
418
425
432
439
446
452
459
466
473
479
486
493
500
506
513
520
120
135
149
164
179
193
208
221
235
248
262
275
289
303
316
330
343
356
362
368
372
376
380
383
386
388
389
390
391
392
394
404
413
422
431
441
449
458
467
475
483
491
500
509
517
525
533
542
551
559
567
575
584
593
601
609
617
626
635
643
84
95
105
116
126
136
147
156
166
175
185
194
204
213
223
233
242
251
256
259
262
266
268
270
272
273
274
275
276
277
278
284
291
298
305
311
317
323
329
335
341
347
353
359
365
371
377
383
389
395
401
407
413
418
424
430
436
442
448
454
104
118
130
143
156
168
181
193
205
217
228
240
252
264
276
288
299
311
316
321
324
328
331
334
336
339
340
341
342
343
344
352
360
368
377
385
392
400
407
414
422
429
437
443
451
458
466
473
480
488
495
502
509
517
524
532
539
546
554
561
(2002 Ed.)
Child Support Schedule
6800
6900
7000
623
631
639
770
780
790
527
533
540
651
659
668
460
466
472
568
575
583
The economic table is presumptive for combined
monthly net incomes up to and including five thousand
dollars. When combined monthly net income exceeds five
thousand dollars, support shall not be set at an amount lower
than the presumptive amount of support set for combined
monthly net incomes of five thousand dollars unless the
court finds a reason to deviate below that amount. The
economic table is advisory but not presumptive for combined
monthly net incomes that exceed five thousand dollars.
When combined monthly net income exceeds seven thousand
dollars, the court may set support at an advisory amount of
support set for combined monthly net incomes between five
thousand and seven thousand dollars or the court may exceed
the advisory amount of support set for combined monthly net
incomes of seven thousand dollars upon written findings of
fact. [1998 c 163 § 2; 1991 c 367 § 25; 1990 1st ex.s. c 2
§ 19; 1989 c 175 § 76; 1988 c 275 § 3.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.19.025 Legislative review of support schedule.
The legislature shall review the support schedule every four
years to determine if the application of the support schedule
results in appropriate support orders. [1991 c 367 § 26.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.035 Standards for application of the child
support schedule. (1) Application of the child support
schedule. The child support schedule shall be applied:
(a) In each county of the state;
(b) In judicial and administrative proceedings under this
title or Title 13 or 74 RCW;
(c) In all proceedings in which child support is determined or modified;
(d) In setting temporary and permanent support;
(e) In automatic modification provisions or decrees
entered pursuant to RCW 26.09.100; and
(f) In addition to proceedings in which child support is
determined for minors, to adult children who are dependent
on their parents and for whom support is ordered pursuant to
RCW 26.09.100.
The provisions of this chapter for determining child
support and reasons for deviation from the standard calculation shall be applied in the same manner by the court,
presiding officers, and reviewing officers.
(2) Written findings of fact supported by the evidence. An order for child support shall be supported by
written findings of fact upon which the support determination is based and shall include reasons for any deviation
from the standard calculation and reasons for denial of a
party’s request for deviation from the standard calculation.
The court shall enter written findings of fact in all cases
(2002 Ed.)
26.19.020
whether or not the court: (a) Sets the support at the presumptive amount, for combined monthly net incomes below
five thousand dollars; (b) sets the support at an advisory
amount, for combined monthly net incomes between five
thousand and seven thousand dollars; or (c) deviates from
the presumptive or advisory amounts.
(3) Completion of worksheets. Worksheets in the form
developed by the office of the administrator for the courts
shall be completed under penalty of perjury and filed in
every proceeding in which child support is determined. The
court shall not accept incomplete worksheets or worksheets
that vary from the worksheets developed by the office of the
administrator for the courts.
(4) Court review of the worksheets and order. The
court shall review the worksheets and the order setting
support for the adequacy of the reasons set forth for any
deviation or denial of any request for deviation and for the
adequacy of the amount of support ordered. Each order
shall state the amount of child support calculated using the
standard calculation and the amount of child support actually
ordered. Worksheets shall be attached to the decree or order
or if filed separately shall be initialed or signed by the judge
and filed with the order. [1992 c 229 § 6; 1991 c 367 § 27.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.045 Veterans’ disability pensions, compensation for disability, and aid and attendant care payments.
Veterans’ disability pensions or regular compensation for
disability incurred in or aggravated by service in the United
States armed forces paid by the veterans’ administration shall
be disclosed to the court. The court may consider either
type of compensation as disposable income for purposes of
calculating the child support obligation. Aid and attendant
care payments to prevent hospitalization paid by the
veterans’ administration solely to provide physical home care
for a disabled veteran, and special medical compensation
paid under 38 U.S.C. Sec. 314 (k) through (r) to provide
either special care or special aids, or both, to assist with routine daily functions shall also be disclosed. The court may
not include either aid and attendant care or special medical
compensation payments in gross income for purposes of
calculating the child support obligation or for purposes of
deviating from the standard calculation. [1991 c 367 § 30.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.050 Worksheets and instructions. (1) The
administrator for the courts shall develop and adopt
worksheets and instructions to assist the parties and courts in
establishing the appropriate child support level and apportionment of support. The administrator for the courts shall
attempt to the greatest extent possible to make the
worksheets and instructions understandable by persons who
are not represented by legal counsel.
(2) The administrator for the courts shall develop and
adopt standards for the printing of worksheets and shall
establish a process for certifying printed worksheets. The
administrator may maintain a register of sources for approved worksheets.
[Title 26 RCW—page 57]
26.19.050
Title 26 RCW: Domestic Relations
(3) The administrator for the courts should explore
methods to assist pro se parties and judges in the courtroom
to calculate support payments through automated software,
equipment, or personal assistance. [1990 1st ex.s. c 2 § 5;
1988 c 275 § 6.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.19.055 Payments for attendant services in cases
of disability. Payments from any source, other than
veterans’ aid and attendance allowances or special medical
compensation paid under 38 U.S.C. Sec. 314 (k) through (r),
for services provided by an attendant in case of a disability
when the disability necessitates the hiring of the services of
an attendant shall be disclosed but shall not be included in
gross income and shall not be a reason to deviate from the
standard calculation. [1991 c 367 § 31.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.065 Standards for establishing lower and
upper limits on child support amounts. (1) Limit at
forty-five percent of a parent’s net income. Neither
parent’s total child support obligation may exceed forty-five
percent of net income except for good cause shown. Good
cause includes but is not limited to possession of substantial
wealth, children with day care expenses, special medical
need, educational need, psychological need, and larger
families.
(2) Income below six hundred dollars. When combined monthly net income is less than six hundred dollars,
a support order of not less than twenty-five dollars per child
per month shall be entered for each parent unless the obligor
parent establishes that it would be unjust or inappropriate to
do so in that particular case. The decision whether there is
a sufficient basis to deviate below the presumptive minimum
payment must take into consideration the best interests of the
child and the circumstances of each parent. Such circumstances can include comparative hardship to the affected
households, assets or liabilities, and earning capacity. A
parent’s support obligation shall not reduce his or her net
income below the need standard for one person established
pursuant to RCW 74.04.770, except for the presumptive
minimum payment of twenty-five dollars per child per month
or in cases where the court finds reasons for deviation. This
section shall not be construed to require monthly substantiation of income.
(3) Income above five thousand and seven thousand
dollars. The economic table is presumptive for combined
monthly net incomes up to and including five thousand dollars. When combined monthly net income exceeds five
thousand dollars, support shall not be set at an amount lower
than the presumptive amount of support set for combined
monthly net incomes of five thousand dollars unless the
court finds a reason to deviate below that amount. The
economic table is advisory but not presumptive for combined
monthly net incomes that exceed five thousand dollars.
When combined monthly net income exceeds seven thousand
dollars, the court may set support at an advisory amount of
support set for combined monthly net incomes between five
[Title 26 RCW—page 58]
thousand and seven thousand dollars or the court may exceed
the advisory amount of support set for combined monthly net
incomes of seven thousand dollars upon written findings of
fact. [1998 c 163 § 1; 1991 c 367 § 33.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.19.071 Standards for determination of income.
(1) Consideration of all income. All income and resources
of each parent’s household shall be disclosed and considered
by the court when the court determines the child support
obligation of each parent. Only the income of the parents of
the children whose support is at issue shall be calculated for
purposes of calculating the basic support obligation. Income
and resources of any other person shall not be included in
calculating the basic support obligation.
(2) Verification of income. Tax returns for the
preceding two years and current paystubs shall be provided
to verify income and deductions. Other sufficient verification shall be required for income and deductions which do
not appear on tax returns or paystubs.
(3) Income sources included in gross monthly
income. Except as specifically excluded in subsection (4) of
this section, monthly gross income shall include income
from any source, including:
(a) Salaries;
(b) Wages;
(c) Commissions;
(d) Deferred compensation;
(e) Overtime;
(f) Contract-related benefits;
(g) Income from second jobs;
(h) Dividends;
(i) Interest;
(j) Trust income;
(k) Severance pay;
(l) Annuities;
(m) Capital gains;
(n) Pension retirement benefits;
(o) Workers’ compensation;
(p) Unemployment benefits;
(q) Spousal maintenance actually received;
(r) Bonuses;
(s) Social security benefits; and
(t) Disability insurance benefits.
(4) Income sources excluded from gross monthly
income. The following income and resources shall be
disclosed but shall not be included in gross income:
(a) Income of a new spouse or income of other adults
in the household;
(b) Child support received from other relationships;
(c) Gifts and prizes;
(d) Temporary assistance for needy families;
(e) Supplemental security income;
(f) General assistance; and
(g) Food stamps.
Receipt of income and resources from temporary
assistance for needy families, supplemental security income,
general assistance, and food stamps shall not be a reason to
deviate from the standard calculation.
(2002 Ed.)
Child Support Schedule
(5) Determination of net income. The following
expenses shall be disclosed and deducted from gross monthly
income to calculate net monthly income:
(a) Federal and state income taxes;
(b) Federal insurance contributions act deductions;
(c) Mandatory pension plan payments;
(d) Mandatory union or professional dues;
(e) State industrial insurance premiums;
(f) Court-ordered spousal maintenance to the extent
actually paid;
(g) Up to two thousand dollars per year in voluntary
pension payments actually made if the contributions were
made for the two tax years preceding the earlier of the (i)
tax year in which the parties separated with intent to live
separate and apart or (ii) tax year in which the parties filed
for dissolution; and
(h) Normal business expenses and self-employment
taxes for self-employed persons. Justification shall be
required for any business expense deduction about which
there is disagreement.
Items deducted from gross income under this subsection
shall not be a reason to deviate from the standard calculation.
(6) Imputation of income. The court shall impute
income to a parent when the parent is voluntarily unemployed or voluntarily underemployed. The court shall
determine whether the parent is voluntarily underemployed
or voluntarily unemployed based upon that parent’s work
history, education, health, and age, or any other relevant
factors. A court shall not impute income to a parent who is
gainfully employed on a full-time basis, unless the court
finds that the parent is voluntarily underemployed and finds
that the parent is purposely underemployed to reduce the
parent’s child support obligation. Income shall not be
imputed for an unemployable parent. Income shall not be
imputed to a parent to the extent the parent is unemployed
or significantly underemployed due to the parent’s efforts to
comply with court-ordered reunification efforts under chapter
13.34 RCW or under a voluntary placement agreement with
an agency supervising the child. In the absence of information to the contrary, a parent’s imputed income shall be
based on the median income of year-round full-time workers
as derived from the United States bureau of census, current
populations reports, or such replacement report as published
by the bureau of census. [1997 c 59 § 4; 1993 c 358 § 4;
1991 sp.s. c 28 § 5.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.075 Standards for deviation from the standard calculation. (1) Reasons for deviation from the
standard calculation include but are not limited to the
following:
(a) Sources of income and tax planning. The court
may deviate from the standard calculation after consideration
of the following:
(i) Income of a new spouse if the parent who is married
to the new spouse is asking for a deviation based on any
other reason. Income of a new spouse is not, by itself, a
sufficient reason for deviation;
(ii) Income of other adults in the household if the parent
who is living with the other adult is asking for a deviation
(2002 Ed.)
26.19.071
based on any other reason. Income of the other adults in the
household is not, by itself, a sufficient reason for deviation;
(iii) Child support actually received from other relationships;
(iv) Gifts;
(v) Prizes;
(vi) Possession of wealth, including but not limited to
savings, investments, real estate holdings and business
interests, vehicles, boats, pensions, bank accounts, insurance
plans, or other assets;
(vii) Extraordinary income of a child; or
(viii) Tax planning considerations. A deviation for tax
planning may be granted only if the child would not receive
a lesser economic benefit due to the tax planning.
(b) Nonrecurring income. The court may deviate from
the standard calculation based on a finding that a particular
source of income included in the calculation of the basic
support obligation is not a recurring source of income. Depending on the circumstances, nonrecurring income may
include overtime, contract-related benefits, bonuses, or
income from second jobs. Deviations for nonrecurring
income shall be based on a review of the nonrecurring
income received in the previous two calendar years.
(c) Debt and high expenses. The court may deviate
from the standard calculation after consideration of the
following expenses:
(i) Extraordinary debt not voluntarily incurred;
(ii) A significant disparity in the living costs of the
parents due to conditions beyond their control;
(iii) Special needs of disabled children;
(iv) Special medical, educational, or psychological needs
of the children; or
(v) Costs incurred or anticipated to be incurred by the
parents in compliance with court-ordered reunification efforts
under chapter 13.34 RCW or under a voluntary placement
agreement with an agency supervising the child.
(d) Residential schedule. The court may deviate from
the standard calculation if the child spends a significant
amount of time with the parent who is obligated to make a
support transfer payment. The court may not deviate on that
basis if the deviation will result in insufficient funds in the
household receiving the support to meet the basic needs of
the child or if the child is receiving temporary assistance for
needy families. When determining the amount of the deviation, the court shall consider evidence concerning the
increased expenses to a parent making support transfer
payments resulting from the significant amount of time spent
with that parent and shall consider the decreased expenses,
if any, to the party receiving the support resulting from the
significant amount of time the child spends with the parent
making the support transfer payment.
(e) Children from other relationships. The court may
deviate from the standard calculation when either or both of
the parents before the court have children from other
relationships to whom the parent owes a duty of support.
(i) The child support schedule shall be applied to the
mother, father, and children of the family before the court to
determine the presumptive amount of support.
(ii) Children from other relationships shall not be
counted in the number of children for purposes of determining the basic support obligation and the standard calculation.
[Title 26 RCW—page 59]
26.19.075
Title 26 RCW: Domestic Relations
(iii) When considering a deviation from the standard
calculation for children from other relationships, the court
may consider only other children to whom the parent owes
a duty of support. The court may consider court-ordered
payments of child support for children from other relationships only to the extent that the support is actually paid.
(iv) When the court has determined that either or both
parents have children from other relationships, deviations
under this section shall be based on consideration of the total
circumstances of both households. All child support obligations paid, received, and owed for all children shall be
disclosed and considered.
(2) All income and resources of the parties before the
court, new spouses, and other adults in the households shall
be disclosed and considered as provided in this section. The
presumptive amount of support shall be determined according to the child support schedule. Unless specific reasons
for deviation are set forth in the written findings of fact and
are supported by the evidence, the court shall order each
parent to pay the amount of support determined by using the
standard calculation.
(3) The court shall enter findings that specify reasons
for any deviation or any denial of a party’s request for any
deviation from the standard calculation made by the court.
The court shall not consider reasons for deviation until the
court determines the standard calculation for each parent.
(4) When reasons exist for deviation, the court shall
exercise discretion in considering the extent to which the
factors would affect the support obligation.
(5) Agreement of the parties is not by itself adequate
reason for any deviations from the standard calculation.
[1997 c 59 § 5; 1993 c 358 § 5; 1991 sp.s. c 28 § 6.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
26.19.080 Allocation of child support obligation
between parents—Court-ordered day care or special
child rearing expenses. (1) The basic child support obligation derived from the economic table shall be allocated
between the parents based on each parent’s share of the
combined monthly net income.
(2) Ordinary health care expenses are included in the
economic table. Monthly health care expenses that exceed
five percent of the basic support obligation shall be considered extraordinary health care expenses. Extraordinary
health care expenses shall be shared by the parents in the
same proportion as the basic child support obligation.
(3) Day care and special child rearing expenses, such as
tuition and long-distance transportation costs to and from the
parents for visitation purposes, are not included in the
economic table. These expenses shall be shared by the
parents in the same proportion as the basic child support
obligation. If an obligor pays court or administratively
ordered day care or special child rearing expenses that are
not actually incurred, the obligee must reimburse the obligor
for the overpayment if the overpayment amounts to at least
twenty percent of the obligor’s annual day care or special
child rearing expenses. The obligor may institute an action
in the superior court or file an application for an adjudicative
hearing with the department of social and health services for
reimbursement of day care and special child rearing expense
overpayments that amount to twenty percent or more of the
[Title 26 RCW—page 60]
obligor’s annual day care and special child rearing expenses.
Any ordered overpayment reimbursement shall be applied
first as an offset to child support arrearages of the obligor.
If the obligor does not have child support arrearages, the
reimbursement may be in the form of a direct reimbursement
by the obligee or a credit against the obligor’s future support
payments. If the reimbursement is in the form of a credit
against the obligor’s future child support payments, the credit
shall be spread equally over a twelve-month period. Absent
agreement of the obligee, nothing in this section entitles an
obligor to pay more than his or her proportionate share of
day care or other special child rearing expenses in advance
and then deduct the overpayment from future support transfer payments.
(4) The court may exercise its discretion to determine
the necessity for and the reasonableness of all amounts
ordered in excess of the basic child support obligation.
[1996 c 216 § 1; 1990 1st ex.s. c 2 § 7.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.19.090 Standards for postsecondary educational
support awards. (1) The child support schedule shall be
advisory and not mandatory for postsecondary educational
support.
(2) When considering whether to order support for
postsecondary educational expenses, the court shall determine whether the child is in fact dependent and is relying
upon the parents for the reasonable necessities of life. The
court shall exercise its discretion when determining whether
and for how long to award postsecondary educational
support based upon consideration of factors that include but
are not limited to the following: Age of the child; the
child’s needs; the expectations of the parties for their
children when the parents were together; the child’s prospects, desires, aptitudes, abilities or disabilities; the nature of
the postsecondary education sought; and the parents’ level of
education, standard of living, and current and future resources. Also to be considered are the amount and type of
support that the child would have been afforded if the
parents had stayed together.
(3) The child must enroll in an accredited academic or
vocational school, must be actively pursuing a course of
study commensurate with the child’s vocational goals, and
must be in good academic standing as defined by the
institution. The court-ordered postsecondary educational
support shall be automatically suspended during the period
or periods the child fails to comply with these conditions.
(4) The child shall also make available all academic
records and grades to both parents as a condition of receiving postsecondary educational support. Each parent shall
have full and equal access to the postsecondary education
records as provided in RCW 26.09.225.
(5) The court shall not order the payment of
postsecondary educational expenses beyond the child’s
twenty-third birthday, except for exceptional circumstances,
such as mental, physical, or emotional disabilities.
(6) The court shall direct that either or both parents’
payments for postsecondary educational expenses be made
directly to the educational institution if feasible. If direct
payments are not feasible, then the court in its discretion
may order that either or both parents’ payments be made
(2002 Ed.)
Child Support Schedule
directly to the child if the child does not reside with either
parent. If the child resides with one of the parents the court
may direct that the parent making the support transfer
payments make the payments to the child or to the parent
who has been receiving the support transfer payments.
[1991 sp.s. c 28 § 7; 1990 1st ex.s. c 2 § 9.]
Severability—Effective date—Captions not law—1991 sp.s. c 28:
See notes following RCW 26.09.100.
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.19.100 Federal income tax exemptions. The
parties may agree which parent is entitled to claim the child
or children as dependents for federal income tax exemptions.
The court may award the exemption or exemptions and order
a party to sign the federal income tax dependency exemption
waiver. The court may divide the exemptions between the
parties, alternate the exemptions between the parties, or both.
[1990 1st ex.s. c 2 § 10.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
Chapter 26.20
FAMILY ABANDONMENT OR NONSUPPORT
(Formerly: Family desertion)
Sections
26.20.030 Family abandonment—Penalty—Exception.
26.20.035 Family nonsupport—Penalty—Exception.
26.20.071 Evidence—Spouse as witness.
26.20.080 Proof of wilfulness—Application of penalty provisions.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Uniform interstate family support act: Chapter 26.21 RCW.
26.20.030 Family abandonment—Penalty—
Exception. (1) Except as provided in subsection (2) of this
section, any person who has a child dependent upon him or
her for care, education or support and deserts such child in
any manner whatever with intent to abandon it is guilty of
the crime of family abandonment.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) The crime of family abandonment is a class C
felony under chapter 9A.20 RCW. [2002 c 331 § 6; 1984 c
260 § 26; 1973 1st ex.s. c 154 § 34; 1969 ex.s. c 207 § 2;
1955 c 249 § 1; 1953 c 255 § 1; 1943 c 158 § 1; 1913 c 28
§ 1; Rem. Supp. 1943 § 6908. Prior: 1907 c 103 § 1, part.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1984 c 260: See RCW 26.18.900.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Leaving children unattended in parked automobile: RCW 9.91.060.
26.20.035 Family nonsupport—Penalty—Exception.
(1) Except as provided in subsection (2) of this section, any
(2002 Ed.)
26.19.090
person who is able to provide support, or has the ability to
earn the means to provide support, and who:
(a) Willfully omits to provide necessary food, clothing,
shelter, or medical attendance to a child dependent upon him
or her; or
(b) Willfully omits to provide necessary food, clothing,
shelter, or medical attendance to his or her spouse,
is guilty of the crime of family nonsupport.
(2) A parent of a newborn who transfers the newborn to
a qualified person at an appropriate location pursuant to
RCW 13.34.360 is not subject to criminal liability under this
section.
(3) The crime of family nonsupport is a gross misdemeanor under chapter 9A.20 RCW. [2002 c 331 § 7; 1984
c 260 § 27.]
Intent—Effective date—2002 c 331: See notes following RCW
13.34.360.
Severability—1984 c 260: See RCW 26.18.900.
26.20.071 Evidence—Spouse as witness. In any
proceedings relating to nonsupport or family desertion the
laws attaching a privilege against the disclosure of communications between husband and wife shall be inapplicable and
both husband and wife in such proceedings shall be competent witnesses to testify to any relevant matter, including
marriage and parentage. [1963 c 10 § 1.]
Uniform criminal extradition act: Chapter 10.88 RCW.
26.20.080 Proof of wilfulness—Application of
penalty provisions. Proof of the nonsupport of a spouse or
of a child or children, or the omission to furnish necessary
food, clothing, shelter, or medical attendance for a spouse,
or for a child or children, is prima facie evidence that the
nonsupport or omission to furnish food, clothing, shelter, or
medical attendance is wilful. The provisions of RCW
26.20.030 and 26.20.035 are applicable regardless of the
marital status of the person who has a child dependent upon
him or her, and regardless of the nonexistence of any decree
requiring payment of support or maintenance. [1984 c 260
§ 28; 1973 1st ex.s. c 154 § 36; 1913 c 28 § 3; RRS § 6910.
Formerly RCW 26.20.080 and 26.20.090.]
Severability—1984 c 260: See RCW 26.18.900.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Chapter 26.21
UNIFORM INTERSTATE FAMILY SUPPORT ACT
(Formerly: Uniform reciprocal enforcement of support act)
(Contingent expiration date—See RCW 26.21A.900)
Sections
ARTICLE 1
GENERAL PROVISIONS
26.21.005
26.21.015
26.21.016
26.21.025
26.21.065
Definitions.
Tribunal of this state.
Rules.
Remedies cumulative.
Child support schedule.
ARTICLE 2
JURISDICTION
PART A
EXTENDED PERSONAL JURISDICTION
[Title 26 RCW—page 61]
Chapter 26.21
26.21.075
26.21.085
Title 26 RCW: Domestic Relations
Bases for jurisdiction over nonresident.
Procedure when exercising jurisdiction over nonresident.
PART B
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21.095
26.21.105
26.21.115
26.21.125
26.21.127
Initiating and responding tribunal of this state.
Simultaneous proceedings in another state.
Continuing, exclusive jurisdiction.
Orders—Compliance with RCW 26.23.050.
Enforcement and modification of support order by tribunal
having continuing jurisdiction.
PART C
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21.560
26.21.570
26.21.580
26.21.590
26.21.595
PART C
RECONCILIATION WITH ORDERS OF OTHER STATES
26.21.135
26.21.145
26.21.155
Recognition of child support orders—Controlling order—
Filing certified copy of order.
Multiple child support orders for two or more obligees.
Credit for payments.
26.21.600
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21.620
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21.205
26.21.215
26.21.225
26.21.235
26.21.245
26.21.255
26.21.265
26.21.275
26.21.285
26.21.295
26.21.305
26.21.315
26.21.325
26.21.335
26.21.345
26.21.355
26.21.365
26.21.375
26.21.385
Proceedings under this chapter.
Action by minor parent.
Application of law of this state.
Duties of initiating tribunal.
Duties and powers of responding tribunal.
Inappropriate tribunal.
Duties of support enforcement agency.
Duty of attorney general.
Private counsel.
Duties of department as state information agency.
Pleadings and accompanying documents.
Nondisclosure of information—Circumstances.
Costs—Fees.
Limited immunity of petitioner.
Nonparentage as defense.
Special rules of evidence and procedure.
Communications between tribunals.
Assistance with discovery.
Receipt and disbursement of payments.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21.420
Petition to establish support order—Notice—Hearing—
Orders.
ARTICLE 5
DIRECT ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
26.21.450
26.21.452
26.21.453
26.21.455
26.21.456
26.21.458
26.21.460
Recognition of income-withholding order of another state.
Employer’s compliance with income-withholding order of
another state.
Compliance with multiple income-withholding orders.
Immunity from civil liability.
Penalties for noncompliance.
Contest by obligor.
Administrative enforcement of orders.
ARTICLE 6
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
PART A
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
26.21.480
26.21.490
26.21.500
26.21.510
Registration of order for enforcement.
Procedure to register order for enforcement.
Effect of registration for enforcement.
Choice of law—Statute of limitations for arrearages.
PART B
CONTEST OF VALIDITY OR ENFORCEMENT
26.21.520
26.21.530
26.21.540
26.21.550
Notice of registration of order.
Procedure to contest validity or enforcement of registered
order.
Contest of registration or enforcement.
Confirmed order.
[Title 26 RCW—page 62]
Procedure to register child support order of another state for
modification.
Effect of registration for modification—Authority to enforce
registered order.
Modification of child support order of another state.
Recognition of order modified in another state—
Enforcement.
Jurisdiction to modify child support order of another state if
individual parties reside in this state—Application of
chapter.
Notice to issuing tribunal of modification.
Proceeding to determine parentage.
ARTICLE 8
INTERSTATE RENDITION
26.21.640
26.21.650
Grounds for rendition.
Surrender of individual charged criminally with failure to
support an obligee—Conditions of rendition.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21.912 Uniformity of application and construction.
26.21.913 Short title.
26.21.914 Severability—1993 c 318.
26.21.915 Captions, part headings, articles not law—1993 c 318.
26.21.916 Effective date—1993 c 318.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Family abandonment or nonsupport: Chapter 26.20 RCW.
ARTICLE 1
GENERAL PROVISIONS
26.21.005 Definitions. (Contingent expiration date.)
In this chapter:
(1) "Child" means an individual, whether over or under
the age of majority, who is or is alleged to be owed a duty
of support by the individual’s parent or who is or is alleged
to be the beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority
under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse, including an unsatisfied obligation to provide
support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than six months old, the state in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month
or other period.
(5) "Income" includes earnings or other periodic
entitlements to money from any source and any other
property subject to withholding for support under the law of
this state.
(2002 Ed.)
Uniform Interstate Family Support Act
(6) "Income-withholding order" means an order or other
legal process directed to an obligor’s employer or other
debtor, as defined by RCW 50.04.080, to withhold support
from the income of the obligor.
(7) "Initiating state" means a state from which a
proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law
or procedure substantially similar to this chapter, the Uniform Reciprocal Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act.
(8) "Initiating tribunal" means the authorized tribunal in
an initiating state.
(9) "Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining
parentage.
(10) "Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules and regulations having the force of law.
(12) "Obligee" means:
(a) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has
been issued or a judgment determining parentage has been
rendered;
(b) A state or political subdivision to which the rights
under a duty of support or support order have been assigned
or which has independent claims based on financial assistance provided to an individual obligee; or
(c) An individual seeking a judgment determining
parentage of the individual’s child.
(13) "Obligor" means an individual, or the estate of a
decedent:
(a) Who owes or is alleged to owe a duty of support;
(b) Who is alleged but has not been adjudicated to be a
parent of a child; or
(c) Who is liable under a support order.
(14) "Register" means to record or file in the appropriate location for the recording or filing of foreign judgments
generally or foreign support orders specifically, a support
order or judgment determining parentage.
(15) "Registering tribunal" means a tribunal in which a
support order is registered.
(16) "Responding state" means a state in which a
proceeding is filed or to which a proceeding is forwarded for
filing from an initiating state under this chapter or a law or
procedure substantially similar to this chapter, the Uniform
Reciprocal Enforcement of Support Act, or the Revised
Uniform Reciprocal Enforcement of Support Act.
(17) "Responding tribunal" means the authorized
tribunal in a responding state.
(18) "Spousal support order" means a support order for
a spouse or former spouse of the obligor.
(19) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(a) An Indian tribe; and
(b) A foreign jurisdiction that has enacted a law or
established procedures for issuance and enforcement of
support orders which are substantially similar to the procedures under this chapter, the Uniform Reciprocal Enforce(2002 Ed.)
26.21.005
ment of Support Act, or the Revised Uniform Reciprocal
Enforcement of Support Act.
(20) "Support enforcement agency" means a public
official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of obligors or their assets.
(21) "Support order" means a judgment, decree, or
order, whether temporary, final, or subject to modification,
for the benefit of a child, a spouse, or a former spouse, that
provides for monetary support, health care, arrearages, or
reimbursement, and may include related costs and fees,
interest, income withholding, attorneys’ fees, and other relief.
(22) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage. [1997 c 58
§ 911; 1993 c 318 § 101.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.015 Tribunal of this state. (Contingent
expiration date.) The superior court is the state tribunal for
judicial proceedings and the department of social and health
services office of support enforcement is the state tribunal
for administrative proceedings. [1993 c 318 § 102.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.016 Rules. The secretary of the department of
social and health services shall issue such rules as necessary
to act as the administrative tribunal pursuant to RCW
26.21.015. [1997 c 58 § 932.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.025 Remedies cumulative. (Contingent
expiration date.) Remedies provided by this chapter are
cumulative and do not affect the availability of remedies
under other law. [1993 c 318 § 103.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.065 Child support schedule. A determination
of child support shall be based upon the child support
schedule and standards adopted under *RCW 26.19.040.
[1988 c 275 § 13.]
*Reviser’s note: RCW 26.19.040 was repealed by 1991 sp.s. c 28 §
8, effective September 1, 1991.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
ARTICLE 2
JURISDICTION
PART A
EXTENDED PERSONAL JURISDICTION
[Title 26 RCW—page 63]
26.21.075
Title 26 RCW: Domestic Relations
26.21.075 Bases for jurisdiction over nonresident.
(Contingent expiration date.) In a proceeding to establish,
enforce, or modify a support order or to determine parentage,
a tribunal of this state may exercise personal jurisdiction
over a nonresident individual or the individual’s guardian or
conservator if:
(1) The individual is personally served with summons
within this state;
(2) The individual submits to the jurisdiction of this
state by consent, by entering a general appearance, or by
filing a responsive document having the effect of waiving
any contest to personal jurisdiction;
(3) The individual resided with the child in this state;
(4) The individual resided in this state and provided
prenatal expenses or support for the child;
(5) The child resides in this state as a result of the acts
or directives of the individual;
(6) The individual engaged in sexual intercourse in this
state and the child may have been conceived by that act of
intercourse; or
(7) There is any other basis consistent with the Constitutions of this state and the United States for the exercise of
personal jurisdiction. [1993 c 318 § 201.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.085 Procedure when exercising jurisdiction
over nonresident. (Contingent expiration date.) A tribunal
of this state exercising personal jurisdiction over a nonresident under RCW 26.21.075 may apply RCW 26.21.355 to
receive evidence from another state, and RCW 26.21.375 to
obtain discovery through a tribunal of another state. In all
other respects, Articles 3 through 7 do not apply and the
tribunal shall apply the procedural and substantive law of
this state, including the rules on choice of law other than
those established by this chapter. [1993 c 318 § 202.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART B
PROCEEDINGS INVOLVING TWO OR MORE
STATES
26.21.095 Initiating and responding tribunal of this
state. (Contingent expiration date.) Under this chapter, a
tribunal of this state may serve as an initiating tribunal to
forward proceedings to another state and as a responding
tribunal for proceedings initiated in another state. [1993 c
318 § 203.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.105 Simultaneous proceedings in another
state. (Contingent expiration date.) (1) A tribunal of this
state may exercise jurisdiction to establish a support order if
the petition or comparable pleading is filed after a petition
or comparable pleading is filed in another state only if:
(a) The petition or comparable pleading in this state is
filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise
of jurisdiction by the other state;
(b) The contesting party timely challenges the exercise
of jurisdiction in the other state; and
(c) If relevant, this state is the home state of the child.
[Title 26 RCW—page 64]
(2) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable
pleading is filed before a petition or comparable pleading is
filed in another state if:
(a) The petition or comparable pleading in the other
state is filed before the expiration of the time allowed in this
state for filing a responsive pleading challenging the exercise
of jurisdiction by this state;
(b) The contesting party timely challenges the exercise
of jurisdiction in this state; and
(c) If relevant, the other state is the home state of the
child. [1993 c 318 § 204.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.115 Continuing, exclusive jurisdiction.
(Contingent expiration date.) (1) A tribunal of this state
issuing a support order consistent with the law of this state
has continuing, exclusive jurisdiction over a child support
order:
(a) As long as this state remains the residence of the
obligor, the individual obligee, or the child for whose benefit
the support order is issued; or
(b) Until all of the parties who are individuals have filed
written consents with the tribunal of this state for a tribunal
of another state to modify the order and assume continuing,
exclusive jurisdiction.
(2) A tribunal of this state issuing a child support order
consistent with the law of this state may not exercise its
continuing jurisdiction to modify the order if the order has
been modified by a tribunal of another state pursuant to this
chapter or a law substantially similar to this chapter.
(3) If a child support order of this state is modified by
a tribunal of another state pursuant to this chapter or a law
substantially similar to this chapter, a tribunal of this state
loses its continuing, exclusive jurisdiction with regard to
prospective enforcement of the order issued in this state, and
may only:
(a) Enforce the order that was modified as to amounts
accruing before the modification;
(b) Enforce nonmodifiable aspects of that order; and
(c) Provide other appropriate relief for violations of that
order which occurred before the effective date of the
modification.
(4) A tribunal of this state shall recognize the continuing, exclusive jurisdiction of a tribunal of another state that
has issued a child support order pursuant to this chapter or
a law substantially similar to this chapter.
(5) A temporary support order issued ex parte or
pending resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
(6) A tribunal of this state issuing a support order
consistent with the law of this state has continuing, exclusive
jurisdiction over a spousal support order throughout the
existence of the support obligation. A tribunal of this state
may not modify a spousal support order issued by a tribunal
of another state having continuing, exclusive jurisdiction
over that order under the law of that state. [1997 c 58 §
912; 1993 c 318 § 205.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
(2002 Ed.)
Uniform Interstate Family Support Act
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.125 Orders—Compliance with RCW
26.23.050. (Contingent expiration date.) Every court order
or decree establishing a child support obligation shall be
entered in compliance with RCW 26.23.050. [1987 c 435 §
23; 1986 c 138 § 2; 1984 c 260 § 22.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.21.127 Enforcement and modification of support
order by tribunal having continuing jurisdiction. (Contingent expiration date.) (1) A tribunal of this state may
serve as an initiating tribunal to request a tribunal of another
state to enforce or modify a support order issued in that
state.
(2) A tribunal of this state having continuing, exclusive
jurisdiction over a support order may act as a responding
tribunal to enforce or modify the order. If a party subject to
the continuing, exclusive jurisdiction of the tribunal no
longer resides in the issuing state, in subsequent proceedings
the tribunal may apply RCW 26.21.355 to receive evidence
from another state and RCW 26.21.375 to obtain discovery
through a tribunal of another state.
(3) A tribunal of this state that lacks continuing,
exclusive jurisdiction over a spousal support order may not
serve as a responding tribunal to modify a spousal support
order of another state. [1993 c 318 § 206.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART C
RECONCILIATION WITH ORDERS OF OTHER
STATES
26.21.135 Recognition of child support orders—
Controlling order—Filing certified copy of order.
(Contingent expiration date.) (1) If a proceeding is brought
under this chapter and only one tribunal has issued a child
support order, the order of that tribunal controls and must be
so recognized.
(2) If a proceeding is brought under this chapter, and
two or more child support orders have been issued by
tribunals of this state or another state with regard to the
same obligor and child, a tribunal of this state shall apply the
following rules in determining which order to recognize for
purposes of continuing, exclusive jurisdiction:
(a) If only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that
tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have
continuing, exclusive jurisdiction under this chapter, an order
issued by a tribunal in the current home state of the child
controls and must be so recognized, but if an order has not
been issued in the current home state of the child, the order
most recently issued controls and must be so recognized.
(c) If none of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the tribunal of this
state having jurisdiction over the parties shall issue a child
support order, which controls and must be so recognized.
(2002 Ed.)
26.21.115
(3) If two or more child support orders have been issued
for the same obligor and child and if the obligor or the
individual obligee resides in this state, a party may request
a tribunal of this state to determine which order controls and
must be so recognized under subsection (2) of this section.
The request must be accompanied by a certified copy of
every support order in effect. The requesting party shall
give notice of the request to each party whose rights may be
affected by the determination.
(4) The tribunal that issued the controlling order under
subsection (1), (2), or (3) of this section is the tribunal that
has continuing, exclusive jurisdiction under RCW 26.21.115.
(5) A tribunal of this state which determines by order
the identity of the controlling order under subsection (2)(a)
or (b) of this section or which issues a new controlling order
under subsection (2)(c) of this section shall state in that
order the basis upon which the tribunal made its determination.
(6) Within thirty days after issuance of an order determining the identity of the controlling order, the party
obtaining the order shall file a certified copy of it with each
tribunal that issued or registered an earlier order of child
support. A party who obtains the order and fails to file a
certified copy is subject to appropriate sanctions by a
tribunal in which the issue of failure to file arises. The
failure to file does not affect the validity or enforceability of
the controlling order. [1997 c 58 § 913; 1993 c 318 § 207.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.145 Multiple child support orders for two or
more obligees. (Contingent expiration date.) In responding
to multiple registrations or petitions for enforcement of two
or more child support orders in effect at the same time with
regard to the same obligor and different individual obligees,
at least one of which was issued by a tribunal of another
state, a tribunal of this state shall enforce those orders in the
same manner as if the multiple orders had been issued by a
tribunal of this state. [1993 c 318 § 208.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.155 Credit for payments. (Contingent expiration date.) Amounts collected and credited for a particular
period pursuant to a support order issued by a tribunal of
another state must be credited against the amounts accruing
or accrued for the same period under a support order issued
by the tribunal of this state. [1993 c 318 § 209.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21.205 Proceedings under this chapter. (Contingent expiration date.) (1) Except as otherwise provided in
this chapter, this article applies to all proceedings under this
chapter.
(2) This chapter provides for the following proceedings:
[Title 26 RCW—page 65]
26.21.205
Title 26 RCW: Domestic Relations
(a) Establishment of an order for spousal support or
child support pursuant to Article 4;
(b) Enforcement of a support order and income-withholding order of another state without registration pursuant
to Article 5;
(c) Registration of an order for spousal support or child
support of another state for enforcement pursuant to Article
6;
(d) Modification of an order for child support or spousal
support issued by a tribunal of this state pursuant to Article
2, Part B;
(e) Registration of an order for child support of another
state for modification pursuant to Article 6;
(f) Determination of parentage pursuant to Article 7; and
(g) Assertion of jurisdiction over nonresidents pursuant
to Article 2, Part A.
(3) An individual petitioner or a support enforcement
agency may commence a proceeding authorized under this
chapter by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition
or a comparable pleading directly in a tribunal of another
state which has or can obtain personal jurisdiction over the
respondent. [1993 c 318 § 301.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.215 Action by minor parent. (Contingent
expiration date.) A minor parent, or a guardian or other
legal representative of a minor parent, may maintain a
proceeding on behalf of or for the benefit of the minor’s
child. [1993 c 318 § 302.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.225 Application of law of this state. (Contingent expiration date.) Except as otherwise provided by this
chapter, a responding tribunal of this state:
(1) Shall apply the procedural and substantive law,
including the rules on choice of law, generally applicable to
similar proceedings originating in this state and may exercise
all powers and provide all remedies available in those proceedings; and
(2) Shall determine the duty of support and the amount
payable in accordance with the law and support guidelines
of this state. [1993 c 318 § 303.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.235 Duties of initiating tribunal. (Contingent
expiration date.) (1) Upon the filing of a petition authorized
by this chapter, an initiating tribunal of this state shall
forward three copies of the petition and its accompanying
documents:
(a) To the responding tribunal or appropriate support
enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is unknown,
to the state information agency of the responding state with
a request that they be forwarded to the appropriate tribunal
and that receipt be acknowledged.
(2) If a responding state has not enacted the Uniform
Interstate Family Support Act or a law or procedure substantially similar to the Uniform Interstate Family Support Act,
a tribunal of this state may issue a certificate or other
document and make findings required by the law of the
[Title 26 RCW—page 66]
responding state. If the responding state is a foreign
jurisdiction, the tribunal may specify the amount of support
sought and provide other documents necessary to satisfy the
requirements of the responding state. [1997 c 58 § 914;
1993 c 318 § 304.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.245 Duties and powers of responding tribunal. (Contingent expiration date.) (1) When a responding
tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to
RCW 26.21.205(3), it shall cause the petition or pleading to
be filed and notify the petitioner where and when it was
filed.
(2) A responding tribunal of this state, to the extent
otherwise authorized by law, may do one or more of the
following:
(a) Issue or enforce a support order, modify a child
support order, or render a judgment to determine parentage;
(b) Order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(c) Order income withholding;
(d) Determine the amount of any arrearages, and specify
a method of payment;
(e) Enforce orders by civil or criminal contempt, or
both;
(f) Set aside property for satisfaction of the support
order;
(g) Place liens and order execution on the obligor’s
property;
(h) Order an obligor to keep the tribunal informed of the
obligor’s current residential address, telephone number,
employer, address of employment, and telephone number at
the place of employment;
(i) Issue a bench warrant or writ of arrest for an obligor
who has failed after proper notice to appear at a hearing
ordered by the tribunal and enter the bench warrant or writ
of arrest in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate employment by
specified methods;
(k) Award reasonable attorneys’ fees and other fees and
costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in
a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the
support order is based.
(4) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter
upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating
tribunal, if any. [1997 c 58 § 915; 1993 c 318 § 305.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
(2002 Ed.)
Uniform Interstate Family Support Act
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.255 Inappropriate tribunal. (Contingent
expiration date.) If a petition or comparable pleading is
received by an inappropriate tribunal of this state, it shall
forward the pleading and accompanying documents to an
appropriate tribunal in this state or another state and notify
the petitioner where and when the pleading was sent. [1997
c 58 § 916; 1993 c 318 § 306.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.265 Duties of support enforcement agency.
(Contingent expiration date.) (1) A support enforcement
agency of this state, upon request, shall provide services to
a petitioner in a proceeding under this chapter.
(2) A support enforcement agency that is providing
services to the petitioner as appropriate shall:
(a) Take all steps necessary to enable an appropriate
tribunal in this state or another state to obtain jurisdiction
over the respondent;
(b) Request an appropriate tribunal to set a date, time,
and place for a hearing;
(c) Make a reasonable effort to obtain all relevant
information, including information as to income and property
of the parties;
(d) Within five days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written notice from an
initiating, responding, or registering tribunal, send a copy of
the notice to the petitioner;
(e) Within five days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written communication
from the respondent or the respondent’s attorney, send a
copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) This chapter does not create or negate a relationship
of attorney and client or other fiduciary relationship between
a support enforcement agency or the attorney for the agency
and the individual being assisted by the agency. [1997 c 58
§ 917; 1993 c 318 § 307.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.275 Duty of attorney general. (Contingent
expiration date.) If the attorney general determines that the
support enforcement agency is neglecting or refusing to
provide services to an individual, the attorney general may
order the agency to perform its duties under this chapter or
may provide those services directly to the individual. [1993
c 318 § 308.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.285 Private counsel. (Contingent expiration
date.) An individual may employ private counsel to repre(2002 Ed.)
26.21.245
sent the individual in proceedings authorized by this chapter.
[1993 c 318 § 309.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.295 Duties of department as state information
agency. (Contingent expiration date.) (1) The department
of social and health services office of support enforcement
is the state information agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency
of every other state;
(b) Maintain a register of tribunals and support enforcement agencies received from other states;
(c) Forward to the appropriate tribunal in the place in
this state in which the individual obligee or the obligor
resides, or in which the obligor’s property is believed to be
located, all documents concerning a proceeding under this
chapter received from an initiating tribunal or the state
information agency of the initiating state; and
(d) Obtain information concerning the location of the
obligor and the obligor’s property within this state not
exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the obligor’s address from
employers, and examination of governmental records,
including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver’s licenses, and social
security. [1993 c 318 § 310.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.305 Pleadings and accompanying documents.
(Contingent expiration date.) (1) A petitioner seeking to
establish or modify a support order or to determine parentage
in a proceeding under this chapter must verify the petition.
Unless otherwise ordered under RCW 26.21.315, the petition
or accompanying documents must provide, so far as known,
the name, residential address, and social security numbers of
the obligor and the obligee, and the name, sex, residential
address, social security number, and date of birth of each
child for whom support is sought. The petition must be accompanied by a certified copy of any support order in effect.
The petition may include any other information that may
assist in locating or identifying the respondent.
(2) The petition must specify the relief sought. The
petition and accompanying documents must conform
substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support
enforcement agency.
(3) A petitioner seeking to establish or modify a support
order or to determine parentage in a proceeding under this
chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to
satisfy the requirements of subsection (1) of this section. A
completed confidential information form shall be deemed an
"accompanying document" under subsection (1) of this
section. [2001 c 42 § 2; 1993 c 318 § 311.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 67]
26.21.305
Title 26 RCW: Domestic Relations
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
26.21.315 Nondisclosure of information—
Circumstances. (Contingent expiration date.) Upon a
finding, which may be made ex parte, that the health, safety,
or liberty of a party or child would be unreasonably put at
risk by the disclosure of identifying information, or if an
existing order so provides, a tribunal shall order that the
address of the child or party or other identifying information
not be disclosed in a pleading or other document filed in a
proceeding under this chapter. [1993 c 318 § 312.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.325 Costs—Fees. (Contingent expiration date.)
(1) The petitioner may not be required to pay a filing fee or
other costs.
(2) If an obligee prevails in a support enforcement
proceeding, a responding tribunal may assess against an
obligor filing fees, reasonable attorneys’ fees, other costs,
and necessary travel and other reasonable expenses incurred
by the obligee and the obligee’s witnesses. The tribunal in
a support enforcement proceeding may not assess fees, costs,
or expenses against the obligee or the support enforcement
agency of either the initiating or the responding state, except
as provided by RCW 4.84.080, civil rule 11 or, if the obligee
or the support enforcement agency has acted in bad faith.
(3) A responding tribunal may assess filing fees,
reasonable attorneys’ fees, and other costs to either party,
and necessary travel and other reasonable costs incurred by
the obligee and the obligee’s witnesses to the obligee, in a
proceeding to establish or modify support. Assessments
under this section shall be made in accordance with RCW
4.84.080 and 26.09.140 and civil rule 11.
(4) Attorneys’ fees may be taxed as costs, and may be
ordered paid directly to the attorney, who may enforce the
order in the attorney’s own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(5) The tribunal shall order the payment of costs and
reasonable attorneys’ fees if it determines that a hearing was
requested primarily for delay. [1993 c 318 § 313.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.335 Limited immunity of petitioner. (Contingent expiration date.) (1) Participation by a petitioner in a
proceeding before a responding tribunal, whether in person,
by private attorney, or through services provided by the
support enforcement agency, does not confer personal
jurisdiction over the petitioner in another proceeding.
(2) A petitioner is not amenable to service of civil
process while physically present in this state to participate in
a proceeding under this chapter.
(3) The immunity granted by this section does not
extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while
present in this state to participate in the proceeding. [1993
c 318 § 314.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.345 Nonparentage as defense. (Contingent
expiration date.) A party whose parentage of a child has
[Title 26 RCW—page 68]
been previously determined by order of a tribunal may not
plead nonparentage as a defense to a proceeding under this
chapter. [1993 c 318 § 315.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.355 Special rules of evidence and procedure.
(Contingent expiration date.) (1) The physical presence of
the petitioner in a responding tribunal of this state is not
required for the establishment, enforcement, or modification
of a support order or the rendition of a judgment determining
parentage.
(2) A verified petition, affidavit, document substantially
complying with federally mandated forms, and a document
incorporated by reference in any of them, not excluded under
the hearsay rule if given in person, is admissible in evidence
if given under oath by a party or witness residing in another
state.
(3) A copy of the record of child support payments
certified as a true copy of the original by the custodian of
the record may be forwarded to a responding tribunal. The
copy is evidence of facts asserted in it, and is admissible to
show whether payments were made.
(4) Copies of bills for testing for parentage, and for
prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least ten days before trial,
are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and customary.
(5) Documentary evidence transmitted from another
state to a tribunal of this state by telephone, telecopier, or
other means that do not provide an original writing may not
be excluded from evidence on an objection based on the
means of transmission.
(6) In a proceeding under this chapter, a tribunal of this
state may permit a party or witness residing in another state
to be deposed or to testify by telephone, audiovisual means,
or other electronic means at a designated tribunal or other
location in that state. A tribunal of this state shall cooperate
with tribunals of other states in designating an appropriate
location for the deposition or testimony.
(7) If a party called to testify at a civil hearing refuses
to answer on the ground that the testimony may be selfincriminating, the trier of fact may draw an adverse inference from the refusal.
(8) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
chapter.
(9) The defense of immunity based on the relationship
of husband and wife or parent and child does not apply in a
proceeding under this chapter. [1993 c 318 § 316.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.365 Communications between tribunals.
(Contingent expiration date.) A tribunal of this state may
communicate with a tribunal of another state in writing, or
by telephone or other means, to obtain information concerning the laws of that state, the legal effect of a judgment,
decree, or order of that tribunal, and the status of a proceeding in the other state. A tribunal of this state may furnish
similar information by similar means to a tribunal of another
state. [1993 c 318 § 317.]
(2002 Ed.)
Uniform Interstate Family Support Act
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.375 Assistance with discovery. (Contingent
expiration date.) A tribunal of this state may:
(1) Request a tribunal of another state to assist in
obtaining discovery; and
(2) Upon request, compel a person over whom it has
jurisdiction to respond to a discovery order issued by a
tribunal of another state. [1993 c 318 § 318.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.385 Receipt and disbursement of payments.
(Contingent expiration date.) A support enforcement
agency or tribunal of this state shall disburse promptly any
amounts received pursuant to a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by
the custodian of the record of the amounts and dates of all
payments received. [1993 c 318 § 319.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21.420 Petition to establish support order—
Notice—Hearing—Orders. (Contingent expiration date.)
(1) If a support order entitled to recognition under this
chapter has not been issued, a responding tribunal of this
state may issue a support order if:
(a) The individual seeking the order resides in another
state; or
(b) The support enforcement agency seeking the order
is located in another state.
(2) The tribunal may issue a temporary child support
order if:
(a) The respondent has signed a verified statement
acknowledging parentage;
(b) The respondent has been determined by order of a
tribunal to be the parent; or
(c) There is other clear, cogent, and convincing evidence
that the respondent is the child’s parent.
(3) Upon finding, after notice and opportunity to be
heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may
issue other orders pursuant to RCW 26.21.245. [1993 c 318
§ 401.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 5
DIRECT ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
26.21.450 Recognition of income-withholding order
of another state. (Contingent expiration date.) An
income-withholding order issued in another state may be sent
to the person or entity defined as the obligor’s employer
under RCW 50.04.080 without first filing a petition or
comparable pleading or registering the order with a tribunal
of this state. [1997 c 58 § 918; 1993 c 318 § 501.]
26.21.365
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.452 Employer’s compliance with incomewithholding order of another state. (Contingent expiration date.) (1) Upon receipt of an income-withholding order,
the obligor’s employer shall immediately provide a copy of
the order to the obligor.
(2) The employer shall treat an income-withholding
order issued in another state that appears regular on its face
as if it had been issued by a tribunal of this state.
(3) Except as provided in subsection (4) of this section
and RCW 26.21.453, the employer shall withhold and
distribute the funds as directed in the withholding order by
complying with the terms of the order which specify:
(a) The duration and amount of periodic payments of
current child support, stated as a sum certain;
(b) The person or agency designated to receive payments and the address to which the payments are to be
forwarded;
(c) Medical support, whether in the form of periodic
cash payment, stated as sum certain, or ordering the obligor
to provide health insurance coverage for the child under a
policy available through the obligor’s employment;
(d) The amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and
the obligee’s attorney, stated as sum certain; and
(e) The amount of periodic payments of arrearages and
interest on arrearages, stated as sum certain.
(4) The employer shall comply with the law of the state
of the obligor’s principal place of employment for withholding from income with respect to:
(a) The employer’s fee for processing an incomewithholding order;
(b) The maximum amount permitted to be withheld
from the obligor’s income; and
(c) The times within which the employer must implement the withholding order and forward the child support
payment. [1997 c 58 § 919.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.453 Compliance with multiple income-withholding orders. (Contingent expiration date.) If an
obligor’s employer receives multiple income-withholding
orders with respect to the earnings of the same obligor, the
employer satisfies the terms of the multiple orders if the
employer complies with the law of the state of the obligor’s
principal place of employment to establish the priorities for
withholding and allocating income withheld for multiple
child support obligees. [1997 c 58 § 920.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2002 Ed.)
[Title 26 RCW—page 69]
26.21.455
Title 26 RCW: Domestic Relations
26.21.455 Immunity from civil liability. (Contingent
expiration date.) An employer who complies with an
income-withholding order issued in another state in accordance with this article is not subject to civil liability to an
individual or agency with regard to the employer’s withholding of child support from the obligor’s income. [1997 c 58
§ 921.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.456 Penalties for noncompliance. (Contingent
expiration date.) An employer who willfully fails to comply
with an income-withholding order issued by another state
and received for enforcement is subject to the same penalties
that may be imposed for noncompliance with an order issued
by a tribunal of this state. [1997 c 58 § 922.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.458 Contest by obligor. (Contingent expiration date.) (1) An obligor may contest the validity or
enforcement of an income-withholding order issued in
another state and received directly by an employer in this
state in the same manner as if the order had been issued by
a tribunal of this state. RCW 26.21.510 applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to
the obligee;
(b) Each employer that has directly received an incomewithholding order; and
(c) The person or agency designated to receive payments in the income-withholding order, or if no person or
agency is designated, to the obligee. [1997 c 58 § 923.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.460 Administrative enforcement of orders.
(Contingent expiration date.) (1) A party seeking to enforce
a support order or an income-withholding order, or both,
issued by a tribunal of another state may send the documents
required for registering the order to a support enforcement
agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a
support order or an income-withholding order, or both. If
the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the
validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant
to this chapter. [1993 c 318 § 502.]
[Title 26 RCW—page 70]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 6
ENFORCEMENT AND MODIFICATION OF
SUPPORT ORDER AFTER REGISTRATION
PART A
REGISTRATION AND ENFORCEMENT OF
SUPPORT ORDER
26.21.480 Registration of order for enforcement.
(Contingent expiration date.) A support order or an
income-withholding order issued by a tribunal of another
state may be registered in this state for enforcement. [1993
c 318 § 601.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.490 Procedure to register order for enforcement. (Contingent expiration date.) (1) A support order or
income-withholding order of another state may be registered
in this state by sending the following documents and information to the support enforcement agency of this state or to
the superior court of any county in this state where the
obligor resides, works, or has property:
(a) A letter of transmittal to the tribunal requesting
registration and enforcement;
(b) Two copies, including one certified copy, of all
orders to be registered, including any modification of an
order;
(c) A sworn statement by the party seeking registration
or a certified statement by the custodian of the records
showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor’s address and social security number;
(ii) The name and address of the obligor’s employer and
any other source of income of the obligor; and
(iii) A description and the location of property of the
obligor in this state not exempt from execution; and
(e) The name and address of the obligee and, if applicable, the agency or person to whom support payments are to
be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign
judgment, together with one copy of the documents and
information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this
state may be filed at the same time as the request for
registration or later. The pleading must specify the grounds
for the remedy sought. [1997 c 58 § 924; 1993 c 318 §
602.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.500 Effect of registration for enforcement.
(Contingent expiration date.) (1) A support order or
income-withholding order issued in another state is registered
when the order is filed in the registering tribunal of this
state.
(2002 Ed.)
Uniform Interstate Family Support Act
(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this article, a
tribunal of this state shall recognize and enforce, but may
not modify, a registered order if the issuing tribunal had
jurisdiction. [1993 c 318 § 603.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.510 Choice of law—Statute of limitations for
arrearages. (Contingent expiration date.) (1) The law of
the issuing state governs the nature, extent, amount, and
duration of current payments and other obligations of support
and the payment of arrearages under the order.
(2) In a proceeding for arrearages, the statute of limitation under the laws of this state or of the issuing state,
whichever is longer, applies. [1993 c 318 § 604.]
26.21.500
certified or registered mail or the date of personal service of
notice of the registration on the nonmoving party within this
state, or, within sixty days after the receipt of certified or
registered mail or personal service of the notice on the
nonmoving party outside of the state. The nonregistering
party may seek to vacate the registration, to assert any
defense to an allegation of noncompliance with the registered
order, or to contest the remedies being sought or the amount
of any alleged arrearages pursuant to RCW 26.21.540.
(2) If the nonregistering party fails to contest the
validity or enforcement of the registered order in a timely
manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to
contest the validity or enforcement of the registered order,
the registering tribunal shall schedule the matter for hearing
and give notice to the parties of the date, time, and place of
the hearing. [1997 c 58 § 926; 1993 c 318 § 606.]
PART B
CONTEST OF VALIDITY OR ENFORCEMENT
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.520 Notice of registration of order. (Contingent expiration date.) (1) When a support order or incomewithholding order issued in another state is registered, the
registering tribunal shall notify the nonregistering party. The
notice must be accompanied by a copy of the registered
order and the documents and relevant information accompanying the order.
(2) The notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date
of registration in the same manner as an order issued by a
tribunal of this state;
(b) That a hearing to contest the validity or enforcement
of the registered order must be requested within twenty days
after the date of receipt by certified or registered mail or
personal service of the notice given to a nonregistering party
within the state and within sixty days after the date of
receipt by certified or registered mail or personal service of
the notice on a nonregistering party outside of the state;
(c) That failure to contest the validity or enforcement of
the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the
alleged arrearages and precludes further contest of that order
with respect to any matter that could have been asserted; and
(d) Of the amount of any alleged arrearages.
(3) Upon registration of an income-withholding order
for enforcement, the registering tribunal shall notify the
obligor’s employer pursuant to the income-withholding law
of this state. [1997 c 58 § 925; 1993 c 318 § 605.]
26.21.540 Contest of registration or enforcement.
(Contingent expiration date.) (1) A party contesting the
validity or enforcement of a registered order or seeking to
vacate the registration has the burden of proving one or more
of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over
the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified
by a later order;
(d) The issuing tribunal has stayed the order pending
appeal;
(e) There is a defense under the law of this state to the
remedy sought;
(f) Full or partial payment has been made; or
(g) The statute of limitation under RCW 26.21.510
precludes enforcement of some or all of the arrearages.
(2) If a party presents evidence establishing a full or
partial defense under subsection (1) of this section, a tribunal
may stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all
remedies available under the law of this state.
(3) If the contesting party does not establish a defense
under subsection (1) of this section to the validity or
enforcement of the order, the registering tribunal shall issue
an order confirming the order. [1993 c 318 § 607.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.530 Procedure to contest validity or enforcement of registered order. (Contingent expiration date.)
(1) A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request
a hearing within twenty days after the date of receipt of
(2002 Ed.)
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.550 Confirmed order. (Contingent expiration
date.) Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes
further contest of the order with respect to any matter that
could have been asserted at the time of registration. [1993
c 318 § 608.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 71]
26.21.560
Title 26 RCW: Domestic Relations
PART C
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21.560 Procedure to register child support order
of another state for modification. (Contingent expiration
date.) A party or support enforcement agency seeking to
modify, or to modify and enforce, a child support order
issued in another state shall register that order in this state in
the same manner provided in Part A of this article if the
order has not been registered. A petition for modification
may be filed at the same time as a request for registration,
or later. The pleading must specify the grounds for modification. [1993 c 318 § 609.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.570 Effect of registration for modification—
Authority to enforce registered order. (Contingent
expiration date.) A tribunal of this state may enforce a
child support order of another state registered for purposes
of modification, in the same manner as if the order had been
issued by a tribunal of this state, but the registered order
may be modified only if the requirements of RCW 26.21.580
have been met. [1993 c 318 § 610.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.580 Modification of child support order of
another state. (Contingent expiration date.) (1) After a
child support order issued in another state has been registered in this state, the responding tribunal of this state may
modify that order only if RCW 26.21.595 does not apply and
after notice and hearing it finds that:
(a) The following requirements are met:
(i) The child, the individual obligee, and the obligor do
not reside in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks
modification; and
(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) The child, or a party who is an individual, is subject
to the personal jurisdiction of the tribunal of this state and
all of the parties who are individuals have filed written
consents in the issuing tribunal for a tribunal of this state to
modify the support order and assume continuing, exclusive
jurisdiction over the order. However, if the issuing state is
a foreign jurisdiction that has not enacted a law or established procedures substantially similar to the procedures
under the Uniform Interstate Family Support Act, the consent otherwise required of an individual residing in this state
is not required for the tribunal to assume jurisdiction to
modify the child support order.
(2) Modification of a registered child support order is
subject to the same requirements, procedures, and defenses
that apply to the modification of an order issued by a
tribunal of this state and the order may be enforced and
satisfied in the same manner.
(3) A tribunal of this state may not modify any aspect
of a child support order that may not be modified under the
law of the issuing state. If two or more tribunals have
issued child support orders for the same obligor and child,
the order that controls and must be so recognized under
[Title 26 RCW—page 72]
RCW 26.21.135 establishes the aspects of the support order
that are nonmodifiable.
(4) On issuance of an order modifying a child support
order issued in another state, a tribunal of this state becomes
the tribunal having continuing, exclusive jurisdiction. [1997
c 58 § 927; 1993 c 318 § 611.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.590 Recognition of order modified in another
state—Enforcement. (Contingent expiration date.) A
tribunal of this state shall recognize a modification of its
earlier child support order by a tribunal of another state that
assumed jurisdiction pursuant to the Uniform Interstate
Family Support Act or a law substantially similar to this
chapter and, upon request, except as otherwise provided in
this chapter, shall:
(1) Enforce the order that was modified only as to
amounts accruing before the modification;
(2) Enforce only nonmodifiable aspects of that order;
(3) Provide other appropriate relief only for violations
of that order which occurred before the effective date of the
modification; and
(4) Recognize the modifying order of the other state,
upon registration, for the purpose of enforcement. [1997 c
58 § 928; 1993 c 318 § 612.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.595 Jurisdiction to modify child support
order of another state if individual parties reside in this
state—Application of chapter. (Contingent expiration
date.) (1) If all of the parties who are individuals reside in
this state and the child does not reside in the issuing state,
a tribunal of this state has jurisdiction to enforce and to
modify the issuing state’s child support order in a proceeding
to register that order.
(2) A tribunal of this state exercising jurisdiction under
this section shall apply the provisions of Articles 1 and 2,
this article, and the procedural and substantive law of this
state to the proceeding for enforcement or modification.
Articles 3, 4, 5, 7, and 8 of this chapter do not apply. [1997
c 58 § 929.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.21.600 Notice to issuing tribunal of modification.
(Contingent expiration date.) Within thirty days after
issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order
with the issuing tribunal that had continuing, exclusive
jurisdiction over the earlier order, and in each tribunal in
which the party knows the earlier order has been registered.
(2002 Ed.)
Uniform Interstate Family Support Act
A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in
which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the modified
order of the new tribunal having continuing, exclusive
jurisdiction. [1997 c 58 § 930.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21.620 Proceeding to determine parentage.
(Contingent expiration date.) (1) A tribunal of this state
may serve as an initiating or responding tribunal in a
proceeding brought under this chapter or a law or procedure
substantially similar to this chapter, the Uniform Reciprocal
Enforcement of Support Act, or the Revised Uniform
Reciprocal Enforcement of Support Act to determine that the
petitioner is a parent of a particular child or to determine
that a respondent is a parent of that child.
(2) In a proceeding to determine parentage, a responding
tribunal of this state shall apply the Uniform Parentage Act,
chapter 26.26 RCW, procedural and substantive law of this
state, and the rules of this state on choice of law. [1997 c
58 § 931; 1993 c 318 § 701.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
ARTICLE 8
INTERSTATE RENDITION
26.21.640 Grounds for rendition. (Contingent
expiration date.) (1) For purposes of this article, "governor"
includes an individual performing the functions of governor
or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender
an individual found in the other state who is charged
criminally in this state with having failed to provide for the
support of an obligee; or
(b) On the demand by the governor of another state,
surrender an individual found in this state who is charged
criminally in the other state with having failed to provide for
the support of an obligee.
(3) A provision for extradition of individuals not
inconsistent with this chapter applies to the demand even if
the individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed
and has not fled from the demanding state. [1993 c 318 §
801.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.650 Surrender of individual charged criminally with failure to support an obligee—Conditions of
(2002 Ed.)
26.21.600
rendition. (Contingent expiration date.) (1) Before making
demand that the governor of another state surrender an
individual charged criminally in this state with having failed
to provide for the support of an obligee, the governor of this
state may require a prosecutor of this state to demonstrate
that at least sixty days previously the obligee had initiated
proceedings for support pursuant to this chapter or that the
proceeding would be of no avail.
(2) If, under this chapter or a law substantially similar
to this chapter, the Uniform Reciprocal Enforcement of
Support Act, or the Revised Uniform Reciprocal Enforcement of Support Act, the governor of another state makes a
demand that the governor of this state surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to
whom a duty of support is owed, the governor may require
a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be
effective. If it appears that a proceeding would be effective
but has not been initiated, the governor may delay honoring
the demand for a reasonable time to permit the initiation of
a proceeding.
(3) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is
subject to a support order, the governor may decline to
honor the demand if the individual is complying with the
support order. [1993 c 318 § 802.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21.912 Uniformity of application and construction. (Contingent expiration date.) This chapter shall be
applied and construed to effectuate its general purpose to
make uniform the law with respect to the subject of this
chapter among states enacting it. [1993 c 318 § 901.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.913 Short title. (Contingent expiration date.)
This chapter may be cited as the uniform interstate family
support act. [1993 c 318 § 902.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.914 Severability—1993 c 318. (Contingent
expiration date.) If any provision of this act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to
other persons or circumstances is not affected. [1993 c 318
§ 903.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21.915 Captions, part headings, articles not
law—1993 c 318. (Contingent expiration date.) Captions,
part headings, and article designations as used in this act
constitute no part of the law. [1993 c 318 § 906.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 73]
26.21.916
Title 26 RCW: Domestic Relations
26.21.916 Effective date—1993 c 318. (Contingent
expiration date.) This act shall take effect July 1, 1994.
[1993 c 318 § 907.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Chapter 26.21A
UNIFORM INTERSTATE FAMILY SUPPORT ACT
(Contingent effective date—See RCW 26.21A.900)
Sections
ARTICLE 1
GENERAL PROVISIONS
26.21A.005
26.21A.010
26.21A.015
26.21A.020
Short title.
Definitions.
Tribunal of this state.
Remedies cumulative.
ARTICLE 2
JURISDICTION
PART 1
EXTENDED PERSONAL JURISDICTION
26.21A.100
26.21A.105
Bases for jurisdiction over nonresident.
Procedure when exercising jurisdiction over nonresident.
PART 2
PROCEEDINGS INVOLVING TWO OR MORE STATES
26.21A.110
26.21A.115
26.21A.120
26.21A.125
Initiating and responding tribunal of this state.
Simultaneous proceedings.
Continuing, exclusive jurisdiction to modify child support order.
Continuing jurisdiction to enforce child support order.
PART 3
RECONCILIATION OF TWO OR MORE ORDERS
26.21A.130
26.21A.135
26.21A.140
26.21A.145
26.21A.150
Determination of controlling child support order.
Child support orders for two or more obligees.
Credit for payments.
Continuing, exclusive jurisdiction over nonresident
party.
Continuing, exclusive jurisdiction to modify spousal
support order.
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21A.200
26.21A.205
26.21A.210
26.21A.215
26.21A.220
26.21A.225
26.21A.230
26.21A.235
26.21A.240
26.21A.245
26.21A.250
26.21A.255
26.21A.260
26.21A.265
26.21A.270
26.21A.275
26.21A.280
26.21A.285
26.21A.290
Proceedings under this chapter.
Proceeding by minor parent.
Application of law of this state.
Duties of initiating tribunal.
Duties and powers of responding tribunal.
Inappropriate tribunal.
Duties of support enforcement agency.
Duty of state official or agency.
Private counsel.
Duties of state information agency.
Pleadings and accompanying documents.
Nondisclosure of information in exceptional circumstances.
Costs and fees.
Limited immunity of petitioner.
Nonparentage as defense.
Special rules of evidence and procedures.
Communications between tribunals.
Assistance with discovery.
Receipt and disbursement of payments.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21A.350
Petition to establish support order.
ARTICLE 5
ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
[Title 26 RCW—page 74]
26.21A.400
26.21A.405
26.21A.410
26.21A.415
26.21A.420
26.21A.425
26.21A.430
Employer’s receipt of income-withholding order of
another state.
Employer’s compliance with income-withholding order
of another state.
Employer’s compliance with two or more income-withholding orders.
Immunity from civil liability.
Penalties for noncompliance.
Contest by obligor.
Administrative enforcement of orders.
ARTICLE 6
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
PART 1
REGISTRATION AND ENFORCEMENT OF SUPPORT ORDER
26.21A.500
26.21A.505
26.21A.510
26.21A.515
Registration of order for enforcement.
Procedure to register order for enforcement.
Effect of registration for enforcement.
Choice of law.
PART 2
CONTEST OF VALIDITY OR ENFORCEMENT
26.21A.520
26.21A.525
26.21A.530
26.21A.535
Notice of registration of order.
Procedure to contest validity or enforcement of registered order.
Contest of registration or enforcement.
Confirmed order.
PART 3
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21A.540
26.21A.545
26.21A.550
26.21A.555
26.21A.560
26.21A.565
26.21A.570
Procedure to register child support order of another state
for modification.
Effect of registration for modification.
Modification of child support order of another state.
Recognition of order modified in another state.
Jurisdiction to modify child support order of another
state when individual parties reside in this state.
Notice to issuing tribunal of modification.
Jurisdiction to modify child support order of foreign
country or political subdivision.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21A.600
Proceeding to determine parentage.
ARTICLE 8
INTERSTATE RENDITION
26.21A.650
26.21A.655
Grounds for rendition.
Conditions of rendition.
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21A.900
26.21A.905
26.21A.910
26.21A.915
Contingent effective date—2002 c 198.
Uniformity of application and construction.
Severability—2002 c 198.
Captions, part headings, and articles not part of law—
2002 c 198.
ARTICLE 1
GENERAL PROVISIONS
26.21A.005 Short title. (Contingent effective date.)
This chapter may be cited as the uniform interstate family
support act. [2002 c 198 § 101.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.010
In this chapter:
Definitions. (Contingent effective date.)
(2002 Ed.)
Uniform Interstate Family Support Act
(1) "Child" means an individual, whether over or under
the age of majority, who is or is alleged to be owed a duty
of support by the individual’s parent or who is or is alleged
to be the beneficiary of a support order directed to the parent.
(2) "Child support order" means a support order for a
child, including a child who has attained the age of majority
under the law of the issuing state.
(3) "Duty of support" means an obligation imposed or
imposable by law to provide support for a child, spouse, or
former spouse, including an unsatisfied obligation to provide
support.
(4) "Home state" means the state in which a child lived
with a parent or a person acting as parent for at least six
consecutive months immediately preceding the time of filing
of a petition or comparable pleading for support and, if a
child is less than six months old, the state in which the child
lived from birth with any of them. A period of temporary
absence of any of them is counted as part of the six-month
or other period.
(5) "Income" includes earnings or other periodic
entitlements to money from any source and any other
property subject to withholding for support under the law of
this state.
(6) "Income-withholding order" means an order or other
legal process directed to an obligor’s employer or other
debtor, as defined by RCW 50.04.080, to withhold support
from the income of the obligor.
(7) "Initiating state" means a state from which a
proceeding is forwarded or in which a proceeding is filed for
forwarding to a responding state under this chapter or a law
or procedure substantially similar to this chapter.
(8) "Initiating tribunal" means the authorized tribunal in
an initiating state.
(9) "Issuing state" means the state in which a tribunal
issues a support order or renders a judgment determining
parentage.
(10) "Issuing tribunal" means the tribunal that issues a
support order or renders a judgment determining parentage.
(11) "Law" includes decisional and statutory law and
rules having the force of law.
(12) "Obligee" means:
(a) An individual to whom a duty of support is or is
alleged to be owed or in whose favor a support order has
been issued or a judgment determining parentage has been
rendered;
(b) A state or political subdivision to which the rights
under a duty of support or support order have been assigned
or which has independent claims based on financial assistance provided to an individual obligee; or
(c) An individual seeking a judgment determining
parentage of the individual’s child.
(13) "Obligor" means an individual, or the estate of a
decedent:
(a) Who owes or is alleged to owe a duty of support;
(b) Who is alleged but has not been adjudicated to be a
parent of a child; or
(c) Who is liable under a support order.
(14) "Person" means: An individual, corporation,
business trust, estate, trust, partnership, limited liability
company, association, joint venture, government; governmen(2002 Ed.)
26.21A.010
tal subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
(15) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(16) "Register" means to record or file a support order
or judgment determining parentage in the appropriate
location for the recording or filing of foreign judgments
generally or foreign support orders specifically.
(17) "Registering tribunal" means a tribunal in which a
support order is registered.
(18) "Responding state" means a state in which a
proceeding is filed or to which a proceeding is forwarded for
filing from an initiating state under this chapter or a law or
procedure substantially similar to this chapter.
(19) "Responding tribunal" means the authorized
tribunal in a responding state.
(20) "Spousal support order" means a support order for
a spouse or former spouse of the obligor.
(21) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States. The term includes:
(a) An Indian tribe; and
(b) A foreign country or political subdivision that:
(i) Has been declared to be a foreign reciprocating
country or political subdivision under federal law;
(ii) Has established a reciprocal arrangement for child
support with this state as provided in RCW 26.21A.235; or
(iii) Has enacted a law or established procedures for
issuance and enforcement of support orders which are
substantially similar to the procedures under this chapter.
(22) "Support enforcement agency" means a public
official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage;
(d) Location of obligors or their assets; or
(e) Determination of the controlling child support order.
(23) "Support order" means a judgment, decree, order,
or directive, whether temporary, final, or subject to modification, issued by a tribunal for the benefit of a child, a spouse,
or a former spouse, that provides for monetary support,
health care, arrearages, or reimbursement, and may include
related costs and fees, interest, income withholding,
attorneys’ fees, and other relief.
(24) "Tribunal" means a court, administrative agency, or
quasi-judicial entity authorized to establish, enforce, or
modify support orders or to determine parentage. [2002 c
198 § 102.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.015 Tribunal of this state. (Contingent
effective date.) The superior court is the state tribunal for
judicial proceedings and the department of social and health
services division of child support is the state tribunal for
administrative proceedings. [2002 c 198 § 103.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 75]
26.21A.020
Title 26 RCW: Domestic Relations
26.21A.020 Remedies cumulative. (Contingent
effective date.) (1) Remedies provided by this chapter are
cumulative and do not affect the availability of remedies
under other law, including the recognition of a support order
of a foreign country or political subdivision on the basis of
comity.
(2) This chapter does not:
(a) Provide the exclusive method of establishing or
enforcing a support order under the law of this state; or
(b) Grant a tribunal of this state jurisdiction to render
judgment or issue an order relating to child custody or
visitation in a proceeding under this chapter. [2002 c 198 §
104.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 2
JURISDICTION
PART 1
EXTENDED PERSONAL JURISDICTION
26.21A.100 Bases for jurisdiction over nonresident.
(Contingent effective date.) (1) In a proceeding to establish
or enforce a support order or to determine parentage, a
tribunal of this state may exercise personal jurisdiction over
a nonresident individual or the individual’s guardian or conservator if:
(a) The individual is personally served with a citation,
summons, or notice within this state;
(b) The individual submits to the jurisdiction of this
state by consent in a record, by entering a general appearance, or by filing a responsive document having the effect of
waiving any contest to personal jurisdiction;
(c) The individual resided with the child in this state;
(d) The individual resided in this state and provided
prenatal expenses or support for the child;
(e) The child resides in this state as a result of the acts
or directives of the individual;
(f) The individual engaged in sexual intercourse in this
state and the child may have been conceived by that act of
intercourse;
(g) The individual asserted parentage in the putative
father registry maintained in this state by the state registrar
of vital statistics; or
(h) There is any other basis consistent with the constitutions of this state and the United States for the exercise of
personal jurisdiction.
(2) The bases of personal jurisdiction set forth in
subsection (1) of this section or in any other law of this state
may not be used to acquire personal jurisdiction for a
tribunal of the state to modify a child support order of
another state unless the requirements of RCW 26.21A.550 or
26.21A.570 are met.
(3) Personal jurisdiction acquired under subsection (1)
of this section continues so long as the tribunal of this state
that acquired personal jurisdiction has continuing, exclusive
jurisdiction to enforce or modify its order. [2002 c 198 §
201.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.105 Procedure when exercising jurisdiction
over nonresident. (Contingent effective date.) A tribunal
[Title 26 RCW—page 76]
of this state exercising personal jurisdiction over a nonresident under RCW 26.21A.100 or recognizing a support order
of a foreign country or political subdivision on the basis of
comity, may receive evidence from another state, pursuant to
RCW 26.21A.275, communicate with a tribunal of another
state pursuant to RCW 26.21A.280, and obtain discovery
through a tribunal of another state pursuant to RCW
26.21A.285. In all other respects, Articles 3 through 7 do
not apply and the tribunal shall apply the procedural and
substantive law of this state. [2002 c 198 § 202.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART 2
PROCEEDINGS INVOLVING TWO OR MORE
STATES
26.21A.110 Initiating and responding tribunal of
this state. (Contingent effective date.) Under this chapter,
a tribunal of this state may serve as an initiating tribunal to
forward proceedings to another state and as a responding
tribunal for proceedings initiated in another state. [2002 c
198 § 203.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.115 Simultaneous proceedings. (Contingent
effective date.) (1) A tribunal of this state may exercise
jurisdiction to establish a support order if the petition or
comparable pleading is filed after a petition or comparable
pleading is filed in another state only if:
(a) The petition or comparable pleading in this state is
filed before the expiration of the time allowed in the other
state for filing a responsive pleading challenging the exercise
of jurisdiction by the other state;
(b) The contesting party timely challenges the exercise
of jurisdiction in the other state; and
(c) If relevant, this state is the home state of the child.
(2) A tribunal of this state may not exercise jurisdiction
to establish a support order if the petition or comparable
pleading is filed before a petition or comparable pleading is
filed in another state if:
(a) The petition or comparable pleading in the other
state is filed before the expiration of the time allowed in this
state for filing a responsive pleading challenging the exercise
of jurisdiction by this state;
(b) The contesting party timely challenges the exercise
of jurisdiction in this state; and
(c) If relevant, the other state is the home state of the
child. [2002 c 198 § 204.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.120 Continuing, exclusive jurisdiction to
modify child support order. (Contingent effective date.)
(1) A tribunal of this state that has issued a child support
order consistent with the law of this state has and shall exercise continuing, exclusive jurisdiction to modify its child
support order if the order is the controlling order and:
(a) At the time of the filing of a request for modification this state is the residence of the obligor, the individual
obligee, or the child for whose benefit the support order is
issued; or
(2002 Ed.)
Uniform Interstate Family Support Act
(b) Even if this state is not the residence of the obligor,
the individual obligee, or the child for whose benefit the
support order is issued, the parties consent in a record or in
open court that the tribunal of this state may continue to
exercise jurisdiction to modify its order.
(2) A tribunal of this state that has issued a child
support order consistent with the law of this state shall not
exercise continuing, exclusive jurisdiction to modify the
order if:
(a) All of the parties who are individuals file consent in
a record with the tribunal of this state that a tribunal of
another state that has jurisdiction over at least one of the
parties who is an individual or that is located in the state of
residence of the child may modify the order and assume
continuing, exclusive jurisdiction; or
(b) Its order is not the controlling order.
(3) If a tribunal of another state has issued a child
support order pursuant to the uniform interstate family
support act or a law substantially similar to that act which
modifies a child support order of a tribunal of this state,
tribunals of this state shall recognize the continuing, exclusive jurisdiction of the tribunal of the other state.
(4) A tribunal of this state that lacks continuing,
exclusive jurisdiction to modify a child support order may
serve as an initiating tribunal to request a tribunal of another
state to modify a support order issued in that state.
(5) A temporary support order issued ex parte or
pending resolution of a jurisdictional conflict does not create
continuing, exclusive jurisdiction in the issuing tribunal.
[2002 c 198 § 205.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.125 Continuing jurisdiction to enforce child
support order. (Contingent effective date.) (1) A tribunal
of this state that has issued a child support order consistent
with the law of this state may serve as an initiating tribunal
to request a tribunal of another state to enforce:
(a) The order if the order is the controlling order and
has not been modified by a tribunal of another state that
assumed jurisdiction pursuant to the uniform interstate family
support act; or
(b) A money judgment for arrears of support and
interest on the order accrued before a determination that an
order of other state is the controlling order.
(2) A tribunal of this state having continuing jurisdiction
over a support order may act as a responding tribunal to
enforce the order. [2002 c 198 § 206.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
PART 3
RECONCILIATION OF TWO OR MORE ORDERS
26.21A.130 Determination of controlling child
support order. (Contingent effective date.) (1) If a
proceeding is brought under this chapter and only one
tribunal has issued a child support order, the order of that
tribunal controls and must be so recognized.
(2) If a proceeding is brought under this chapter, and
two or more child support orders have been issued by
tribunals of this state or another state with regard to the
same obligor and same child, a tribunal of this state having
(2002 Ed.)
26.21A.120
personal jurisdiction over both the obligor and individual
obligee shall apply the following rules and by order shall
determine which order controls:
(a) If only one of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the order of that
tribunal controls and must be so recognized.
(b) If more than one of the tribunals would have
continuing, exclusive jurisdiction under this chapter, an order
issued by a tribunal in the current home state of the child
controls. However, if an order has not been issued in the
current home state of the child, the order most recently
issued controls.
(c) If none of the tribunals would have continuing,
exclusive jurisdiction under this chapter, the tribunal of this
state shall issue a child support order, which controls.
(3) If two or more child support orders have been issued
for the same obligor and same child, upon request of a party
who is an individual or a support enforcement agency, a
tribunal of this state having personal jurisdiction over both
the obligor and the obligee who is an individual shall determine which order controls under subsection (2) of this
section. The request may be filed with a registration for
enforcement or registration for modification pursuant to
Article 6 of this chapter, or may be filed as a separate proceeding.
(4) A request to determine which is the controlling order
must be accompanied by a copy of every child support order
in effect and the applicable record of payments. The
requesting party shall give notice of the request to each party
whose rights may be affected by the determination.
(5) The tribunal that issued the controlling order under
subsection (1), (2), or (3) of this section has continuing
jurisdiction to the extent provided in RCW 26.21A.120 or
26.21A.125.
(6) A tribunal of this state that determines by order
which is the controlling order under subsection (2)(a) or (b)
or (3) of this section or that issues a new controlling order
under subsection (2)(c) of this section shall state in that
order:
(a) The basis upon which the tribunal made its determination;
(b) The amount of prospective support, if any; and
(c) The total amount of consolidated arrears and accrued
interest, if any, under all of the orders after all payments
made are credited as provided by RCW 26.21A.140.
(7) Within thirty days after issuance of an order determining which is the controlling order, the party obtaining the
order shall file a certified copy of it in each tribunal that
issued or registered an earlier order of child support. A
party or support enforcement agency obtaining the order that
fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises.
The failure to file does not affect the validity or enforceability of the controlling order.
(8) An order that has been determined to be the controlling order, or a judgment for consolidated arrears of support
and interest, if any, made pursuant to this section must be
recognized in proceedings under this chapter. [2002 c 198
§ 207.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 77]
26.21A.135
Title 26 RCW: Domestic Relations
26.21A.135 Child support orders for two or more
obligees. (Contingent effective date.) In responding to
registrations or petitions for enforcement of two or more
child support orders in effect at the same time with regard to
the same obligor and different individual obligees, at least
one of which was issued by a tribunal of another state, a
tribunal of this state shall enforce those orders in the same
manner as if the orders had been issued by a tribunal of this
state. [2002 c 198 § 208.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.140 Credit for payments. (Contingent
effective date.) A tribunal of this state shall credit amounts
collected for a particular period pursuant to any child support
order against the amounts owed for the same period under
any other child support order for support of the same child
issued by a tribunal of this or another state. [2002 c 198 §
209.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.145 Continuing, exclusive jurisdiction over
nonresident party. (Contingent effective date.) If a party
to a proceeding subject to the continuing, exclusive jurisdiction of a tribunal of this state no longer resides in the issuing
state, in subsequent proceedings the tribunal may receive
evidence from another state pursuant to RCW 26.21A.275,
to communicate with a tribunal of another state pursuant to
RCW 26.21A.280, and obtain discovery through a tribunal
of another state pursuant to RCW 26.21A.285. In all other
respects, Articles 3 through 7 of this chapter do not apply
and the tribunal shall apply the procedural and substantive
law of this state. [2002 c 198 § 210.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.150 Continuing, exclusive jurisdiction to
modify spousal support order. (Contingent effective date.)
(1) A tribunal of this state issuing a spousal support order
consistent with the law of this state has continuing, exclusive
jurisdiction to modify the spousal support order throughout
the existence of the support obligation.
(2) A tribunal of this state may not modify a spousal
support order issued by a tribunal of another state having
continuing, exclusive jurisdiction over that order under the
law of that state.
(3) A tribunal of this state that has continuing, exclusive
jurisdiction over a spousal support order may serve as:
(a) An initiating tribunal to request a tribunal of another
state to enforce the spousal support order issued in this state;
or
(b) A responding tribunal to enforce or modify its own
spousal support order. [2002 c 198 § 211.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 3
CIVIL PROVISIONS OF GENERAL APPLICATION
26.21A.200 Proceedings under this chapter.
(Contingent effective date.) (1) Except as otherwise
provided in this chapter, this article applies to all proceedings under this chapter.
[Title 26 RCW—page 78]
(2) An individual petitioner or a support enforcement
agency may initiate a proceeding authorized under this
chapter by filing a petition in an initiating tribunal for
forwarding to a responding tribunal or by filing a petition or
a comparable pleading directly in a tribunal of another state
which has or can obtain personal jurisdiction over the
respondent. [2002 c 198 § 301.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.205 Proceeding by minor parent. (Contingent effective date.) A minor parent, or a guardian or other
legal representative of a minor parent, may maintain a
proceeding on behalf of or for the benefit of the minor’s
child. [2002 c 198 § 302.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.210 Application of law of this state. (Contingent effective date.) Except as otherwise provided by this
chapter, a responding tribunal of this state shall:
(1) Apply the procedural and substantive law generally
applicable to similar proceedings originating in this state and
may exercise all powers and provide all remedies available
in those proceedings; and
(2) Determine the duty of support and the amount
payable in accordance with the law and support guidelines
of this state. [2002 c 198 § 303.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.215 Duties of initiating tribunal. (Contingent effective date.) (1) Upon the filing of a petition
authorized by this chapter, an initiating tribunal of this state
shall forward the petition and its accompanying documents:
(a) To the responding tribunal or appropriate support
enforcement agency in the responding state; or
(b) If the identity of the responding tribunal is unknown,
to the state information agency of the responding state with
a request that they be forwarded to the appropriate tribunal
and that receipt be acknowledged.
(2) If requested by the responding tribunal, a tribunal of
this state shall issue a certificate or other document and
make findings required by the law of the responding state.
If the responding state is a foreign country or political
subdivision, upon request the tribunal shall specify the
amount of support sought, convert that amount into the
equivalent amount in the foreign currency under applicable
official exchange rates as publicly reported, and provide any
other documents necessary to satisfy the requirements of the
responding state. [2002 c 198 § 304.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.220 Duties and powers of responding
tribunal. (Contingent effective date.) (1) When a responding tribunal of this state receives a petition or comparable
pleading from an initiating tribunal or directly pursuant to
RCW 26.21A.200(2), it shall cause the petition or pleading
to be filed and notify the petitioner where and when it was
filed.
(2) A responding tribunal of this state, to the extent not
prohibited by other law, may do one or more of the following:
(2002 Ed.)
Uniform Interstate Family Support Act
(a) Issue or enforce a support order, modify a child
support order, determine the controlling child support order,
or determine parentage;
(b) Order an obligor to comply with a support order,
specifying the amount and the manner of compliance;
(c) Order income withholding;
(d) Determine the amount of any arrearages, and specify
a method of payment;
(e) Enforce orders by civil or criminal contempt, or
both;
(f) Set aside property for satisfaction of the support
order;
(g) Place liens and order execution on the obligor’s
property;
(h) Order an obligor to keep the tribunal informed of the
obligor’s current residential address, telephone number,
employer, address of employment, and telephone number at
the place of employment;
(i) Issue a bench warrant or writ of arrest for an obligor
who has failed after proper notice to appear at a hearing
ordered by the tribunal and enter the bench warrant or writ
of arrest in any local and state computer systems for criminal
warrants;
(j) Order the obligor to seek appropriate employment by
specified methods;
(k) Award reasonable attorneys’ fees and other fees and
costs; and
(l) Grant any other available remedy.
(3) A responding tribunal of this state shall include in
a support order issued under this chapter, or in the documents accompanying the order, the calculations on which the
support order is based.
(4) A responding tribunal of this state may not condition
the payment of a support order issued under this chapter
upon compliance by a party with provisions for visitation.
(5) If a responding tribunal of this state issues an order
under this chapter, the tribunal shall send a copy of the order
to the petitioner and the respondent and to the initiating
tribunal, if any.
(6) If requested to enforce a support order, arrears, or
judgment or modify a support order stated in a foreign
currency, a responding tribunal of this state shall convert the
amount stated in the foreign currency to the equivalent
amount in dollars under applicable official exchange rates as
publicly reported. [2002 c 198 § 305.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.225 Inappropriate tribunal. (Contingent
effective date.) If a petition or comparable pleading is
received by an inappropriate tribunal of this state, the
tribunal shall forward the pleading and accompanying
documents to an appropriate tribunal in this state or another
state and notify the petitioner where and when the pleading
was sent. [2002 c 198 § 306.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.230 Duties of support enforcement agency.
(Contingent effective date.) (1) A support enforcement
agency of this state, upon request, shall provide services to
a petitioner in a proceeding under this chapter.
(2002 Ed.)
26.21A.220
(2) A support enforcement agency of this state that is
providing services to the petitioner shall:
(a) Take all steps necessary to enable an appropriate
tribunal in this state or another state to obtain jurisdiction
over the respondent;
(b) Request an appropriate tribunal to set a date, time,
and place for a hearing;
(c) Make a reasonable effort to obtain all relevant
information, including information as to income and property
of the parties;
(d) Within two days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written notice in a
record from an initiating, responding, or registering tribunal,
send a copy of the notice to the petitioner;
(e) Within two days, exclusive of Saturdays, Sundays,
and legal holidays, after receipt of a written communication
in a record from the respondent or the respondent’s attorney,
send a copy of the communication to the petitioner; and
(f) Notify the petitioner if jurisdiction over the respondent cannot be obtained.
(3) A support enforcement agency of this state that
requests registration of a child support order in this state for
enforcement or for modification shall make reasonable
efforts:
(a) To ensure that the order to be registered is the
controlling order; or
(b) If two or more child support orders exist and the
identity of the controlling order has not been determined, to
ensure that a request for such a determination is made in a
tribunal having jurisdiction to do so.
(4) A support enforcement agency of this state that
requests registration and enforcement of a support order,
arrears, or judgment stated in a foreign currency shall
convert the amounts stated in the foreign currency into the
equivalent amounts in dollars under applicable official
exchange rates as publicly reported.
(5) A support enforcement agency of this state shall
issue or request a tribunal of this state to issue a child
support order and an income-withholding order that redirect
payment of current support, arrears, and interest if requested
to do so by a support enforcement agency of another state
pursuant to RCW 26.21A.290.
(6) This chapter does not create or negate a relationship
of attorney and client or other fiduciary relationship between
a support enforcement agency or the attorney for the agency
and the individual being assisted by the agency. [2002 c 198
§ 307.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.235 Duty of state official or agency.
(Contingent effective date.) (1) If the appropriate state
official or agency determines that the support enforcement
agency is neglecting or refusing to provide services to an
individual, the state official or agency may order the agency
to perform its duties under this chapter or may provide those
services directly to the individual.
(2) The appropriate state official or agency may determine that a foreign country or political subdivision has
established a reciprocal arrangement for child support with
this state and take appropriate action for notification of the
determination. [2002 c 198 § 308.]
[Title 26 RCW—page 79]
26.21A.235
Title 26 RCW: Domestic Relations
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.240 Private counsel. (Contingent effective
date.) An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.
[2002 c 198 § 309.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.245 Duties of state information agency.
(Contingent effective date.) (1) The Washington state
support registry under chapter 26.23 RCW is the state
information agency under this chapter.
(2) The state information agency shall:
(a) Compile and maintain a current list, including
addresses, of the tribunals in this state that have jurisdiction
under this chapter and any support enforcement agencies in
this state and transmit a copy to the state information agency
of every other state;
(b) Maintain a register of names and addresses of
tribunals and support enforcement agencies received from
other states;
(c) Forward to the appropriate tribunal in the county in
this state in which the obligee who is an individual or the
obligor resides, or in which the obligor’s property is believed
to be located, all documents concerning a proceeding under
this chapter received from an initiating tribunal or the state
information agency of the initiating state; and
(d) Obtain information concerning the location of the
obligor and the obligor’s property within this state not
exempt from execution, by such means as postal verification
and federal or state locator services, examination of telephone directories, requests for the obligor’s address from
employers, and examination of governmental records,
including, to the extent not prohibited by other law, those
relating to real property, vital statistics, law enforcement,
taxation, motor vehicles, driver’s licenses, and social
security. [2002 c 198 § 310.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.250 Pleadings and accompanying documents. (Contingent effective date.) (1) In a proceeding
under this chapter, a petitioner seeking to establish a support
order, to determine parentage, or to register and modify a
support order of another state must file a petition. Unless
otherwise ordered under RCW 26.21A.255, the petition or
accompanying documents must provide, so far as known, the
name, residential address, and social security numbers of the
obligor and the obligee or the parent and alleged parent, and
the name, sex, residential address, social security number,
and date of birth of each child for whose benefit support is
sought or whose parentage is to be determined. Unless filed
at the time of registration, the petition must be accompanied
by a copy of any support order known to have been issued
by another tribunal. The petition may include any other
information that may assist in locating or identifying the
respondent.
(2) The petition must specify the relief sought. The
petition and accompanying documents must conform
substantially with the requirements imposed by the forms
mandated by federal law for use in cases filed by a support
enforcement agency.
[Title 26 RCW—page 80]
(3) A petitioner seeking to establish or modify a support
order or to determine parentage in a proceeding under this
chapter shall file a properly completed confidential information form or equivalent as described in RCW 26.23.050 to
satisfy the requirements of subsection (1) of this section. A
completed confidential information form shall be deemed an
"accompanying document" under subsection (1) of this
section. [2002 c 198 § 311.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.255 Nondisclosure of information in exceptional circumstances. (Contingent effective date.) If a
party alleges in an affidavit or a pleading under oath that the
health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that
information must be sealed and may not be disclosed to the
other party or the public. After a hearing in which a tribunal
takes into consideration the health, safety, or liberty of the
party or child, the tribunal may order disclosure of information that the tribunal determines to be in the interest of
justice. [2002 c 198 § 312.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.260 Costs and fees. (Contingent effective
date.) (1) The petitioner may not be required to pay a filing
fee or other costs.
(2) If an obligee prevails, a responding tribunal may
assess against an obligor filing fees, reasonable attorneys’
fees, other costs, and necessary travel and other reasonable
expenses incurred by the obligee and the obligee’s witnesses.
The tribunal may not assess fees, costs, or expenses against
the obligee or the support enforcement agency of either the
initiating or the responding state, except as provided by other
law. Attorneys’ fees may be taxed as costs, and may be
ordered paid directly to the attorney, who may enforce the
order in the attorney’s own name. Payment of support owed
to the obligee has priority over fees, costs, and expenses.
(3) The tribunal shall order the payment of costs and
reasonable attorneys’ fees if it determines that a hearing was
requested primarily for delay. In a proceeding under Article
6 of this chapter, a hearing is presumed to have been
requested primarily for delay if a registered support order is
confirmed or enforced without change. [2002 c 198 § 313.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.265 Limited immunity of petitioner.
(Contingent effective date.) (1) Participation by a petitioner
in a proceeding under this chapter before a responding
tribunal, whether in person, by private attorney, or through
services provided by the support enforcement agency, does
not confer personal jurisdiction over the petitioner in another
proceeding.
(2) A petitioner is not amenable to service of civil
process while physically present in this state to participate in
a proceeding under this chapter.
(3) The immunity granted by this section does not
extend to civil litigation based on acts unrelated to a proceeding under this chapter committed by a party while physically present in this state to participate in the proceeding.
[2002 c 198 § 314.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2002 Ed.)
Uniform Interstate Family Support Act
26.21A.270 Nonparentage as defense. (Contingent
effective date.) A party whose parentage of a child has been
previously determined by or pursuant to law may not plead
nonparentage as a defense to a proceeding under this
chapter. [2002 c 198 § 315.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.275 Special rules of evidence and procedures. (Contingent effective date.) (1) The physical
presence of a nonresident party who is an individual in a
tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.
(2) An affidavit, a document substantially complying
with federally mandated forms, or a document incorporated
by reference in any of them, that would not be excluded
under the hearsay rule if given in person, is admissible in
evidence if given under penalty of perjury by a party or
witness residing in another state.
(3) A copy of the record of child support payments
certified as a true copy of the original by the custodian of
the record may be forwarded to a responding tribunal. The
copy is evidence of facts asserted in it, and is admissible to
show whether payments were made.
(4) Copies of bills for testing for parentage, and for
prenatal and postnatal health care of the mother and child,
furnished to the adverse party at least ten days before trial,
are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and customary.
(5) Documentary evidence transmitted from another
state to a tribunal of this state by telephone, telecopier, or
other means that do not provide an original record may not
be excluded from evidence on an objection based on the
means of transmission.
(6) In a proceeding under this chapter, a tribunal of this
state shall permit a party or witness residing in another state
to be deposed or to testify under penalty of perjury by
telephone, audiovisual means, or other electronic means at a
designated tribunal or other location in that state. A tribunal
of this state shall cooperate with tribunals of other states in
designating an appropriate location for the deposition or
testimony.
(7) If a party called to testify at a civil hearing refuses
to answer on the ground that the testimony may be selfincriminating, the trier of fact may draw an adverse inference from the refusal.
(8) A privilege against disclosure of communications
between spouses does not apply in a proceeding under this
chapter.
(9) The defense of immunity based on the relationship
of husband and wife or parent and child does not apply in a
proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified
as a true copy, is admissible to establish parentage of the
child. [2002 c 198 § 316.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.280 Communications between tribunals.
(Contingent effective date.) A tribunal of this state may
communicate with a tribunal of another state or foreign
(2002 Ed.)
26.21A.270
country or political subdivision in a record, or by telephone
or other means, to obtain information concerning the laws,
the legal effect of a judgment, decree, or order of that
tribunal, and the status of a proceeding in the other state or
foreign country or political subdivision. A tribunal of this
state may furnish similar information by similar means to a
tribunal of another state or foreign country or political
subdivision. [2002 c 198 § 317.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.285 Assistance with discovery. (Contingent
effective date.) A tribunal of this state may:
(1) Request a tribunal of another state to assist in
obtaining discovery; and
(2) Upon request, compel a person over whom it has
jurisdiction to respond to a discovery order issued by a
tribunal of another state. [2002 c 198 § 318.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.290 Receipt and disbursement of payments.
(Contingent effective date.) (1) A support enforcement
agency or tribunal of this state shall disburse promptly any
amounts received pursuant to a support order, as directed by
the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state a certified statement by
the custodian of the record of the amounts and dates of all
payments received.
(2) If the obligor, the obligee who is an individual, or
the child does not reside in this state, upon request from the
support enforcement agency of this state or another state, the
support enforcement agency of this state or a tribunal of this
state shall:
(a) Direct that the support payment be made to the
support enforcement agency in the state in which the obligee
is receiving services; and
(b) Issue and send to the obligor’s employer a conforming income-withholding order or an administrative notice of
change of payee, reflecting the redirected payments.
(3) The support enforcement agency of this state
receiving redirected payments from another state pursuant to
a law similar to subsection (2) of this section shall furnish to
a requesting party or tribunal of the other state a certified
statement by the custodian of the record of the amount and
dates of all payments received. [2002 c 198 § 319.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 4
ESTABLISHMENT OF SUPPORT ORDER
26.21A.350 Petition to establish support order.
(Contingent effective date.) (1) If a support order entitled
to recognition under this chapter has not been issued, a
responding tribunal of this state may issue a support order if:
(a) The individual seeking the order resides in another
state; or
(b) The support enforcement agency seeking the order
is located in another state.
(2) The tribunal may issue a temporary child support
order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:
(a) A presumed father of the child;
[Title 26 RCW—page 81]
26.21A.350
Title 26 RCW: Domestic Relations
(b) Petitioning to have his paternity adjudicated;
(c) Identified as the father of the child through genetic
testing;
(d) An alleged father who has declined to submit to
genetic testing;
(e) Shown by clear and convincing evidence to be the
father of the child;
(f) An acknowledged father as provided by applicable
state law;
(g) The mother of the child; or
(h) An individual who has been ordered to pay child
support in a previous proceeding and the order has not been
reversed or vacated.
(3) Upon finding, after notice and opportunity to be
heard, that an obligor owes a duty of support, the tribunal
shall issue a support order directed to the obligor and may
issue other orders pursuant to RCW 26.21A.220. [2002 c
198 § 401.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 5
ENFORCEMENT OF ORDER OF
ANOTHER STATE WITHOUT REGISTRATION
26.21A.400 Employer’s receipt of income-withholding order of another state. (Contingent effective date.)
An income-withholding order issued in another state may be
sent by or on behalf of the obligee, or by the support
enforcement agency, to the person defined as the obligor’s
employer under RCW 50.04.080 without first filing a
petition or comparable pleading or registering the order with
a tribunal of this state. [2002 c 198 § 501.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.405 Employer’s compliance with incomewithholding order of another state. (Contingent effective
date.) (1) Upon receipt of an income-withholding order, the
obligor’s employer shall immediately provide a copy of the
order to the obligor.
(2) The employer shall treat an income-withholding
order issued in another state that appears regular on its face
as if it had been issued by a tribunal of this state.
(3) Except as provided in subsection (4) of this section
and RCW 26.21A.410, the employer shall withhold and
distribute the funds as directed in the withholding order by
complying with terms of the order which specify:
(a) The duration and amount of periodic payments of
current child support, stated as a sum certain;
(b) The person designated to receive payments and the
address to which the payments are to be forwarded;
(c) Medical support, whether in the form of periodic
cash payment, stated as a sum certain, or ordering the
obligor to provide health insurance coverage for the child
under a policy available through the obligor’s employment;
(d) The amount of periodic payments of fees and costs
for a support enforcement agency, the issuing tribunal, and
the obligee’s attorney, stated as sums certain; and
(e) The amount of periodic payments of arrearages and
interest on arrearages, stated as sums certain.
[Title 26 RCW—page 82]
(4) An employer shall comply with the law of the state
of the obligor’s principal place of employment for withholding from income with respect to:
(a) The employer’s fee for processing an incomewithholding order;
(b) The maximum amount permitted to be withheld
from the obligor’s income; and
(c) The times within which the employer must implement the withholding order and forward the child support
payment. [2002 c 198 § 502.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.410 Employer’s compliance with two or
more income-withholding orders. (Contingent effective
date.) If an obligor’s employer receives two or more income-withholding orders with respect to the earnings of the
same obligor, the employer satisfies the terms of the orders
if the employer complies with the law of the state of the
obligor’s principal place of employment to establish the
priorities for withholding and allocating income withheld for
two or more child support obligees. [2002 c 198 § 503.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.415 Immunity from civil liability. (Contingent effective date.) An employer who complies with an
income-withholding order issued in another state in accordance with this article is not subject to civil liability to an
individual or agency with regard to the employer’s withholding of child support from the obligor’s income. [2002 c 198
§ 504.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.420 Penalties for noncompliance. (Contingent effective date.) An employer who willfully fails to
comply with an income-withholding order issued by another
state and received for enforcement is subject to the same
penalties that may be imposed for noncompliance with an
order issued by a tribunal of this state. [2002 c 198 § 505.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.425 Contest by obligor. (Contingent effective date.) (1) An obligor may contest the validity or
enforcement of an income-withholding order issued in
another state and received directly by an employer in this
state by registering the order in a tribunal of this state and
filing a contest to that order as provided in Article 6 of this
chapter, or otherwise contesting the order in the same
manner as if the order had been issued by a tribunal of this
state. RCW 26.21A.515 applies to the contest.
(2) The obligor shall give notice of the contest to:
(a) A support enforcement agency providing services to
the obligee;
(b) Each employer that has directly received an incomewithholding order relating to the obligor; and
(c) The person designated to receive payments in the
income-withholding order or, if no person or agency is
designated, to the obligee. [2002 c 198 § 506.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
(2002 Ed.)
Uniform Interstate Family Support Act
26.21A.430 Administrative enforcement of orders.
(Contingent effective date.) (1) A party or support enforcement agency seeking to enforce a support order or an
income-withholding order, or both, issued by a tribunal of
another state may send the documents required for registering the order to a support enforcement agency of this state.
(2) Upon receipt of the documents, the support enforcement agency, without initially seeking to register the order,
shall consider and, if appropriate, use any administrative
procedure authorized by the law of this state to enforce a
support order or an income-withholding order, or both. If
the obligor does not contest administrative enforcement, the
order need not be registered. If the obligor contests the
validity or administrative enforcement of the order, the
support enforcement agency shall register the order pursuant
to this chapter. [2002 c 198 § 507.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 6
REGISTRATION, ENFORCEMENT, AND
MODIFICATION OF SUPPORT ORDER
PART 1
REGISTRATION AND ENFORCEMENT OF SUPPORT
ORDER
26.21A.500 Registration of order for enforcement.
(Contingent effective date.) A support order or incomewithholding order issued by a tribunal of another state may
be registered in this state for enforcement. [2002 c 198 §
601.]
26.21A.430
registration or later. The pleading must specify the grounds
for the remedy sought.
(4) If two or more orders are in effect, the person
requesting registration shall:
(a) Furnish to the tribunal a copy of every support order
asserted to be in effect in addition to the documents specified in this section;
(b) Specify the order alleged to be the controlling order,
if any; and
(c) Specify the amount of consolidated arrears, if any.
(5) A request for a determination of which is the
controlling order may be filed separately or with a request
for registration and enforcement or for registration and
modification. The person requesting registration shall give
notice of the request to each party whose rights may be
affected by the determination. [2002 c 198 § 602.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.510 Effect of registration for enforcement.
(Contingent effective date.) (1) A support order or incomewithholding order issued in another state is registered when
the order is filed in the registering tribunal of this state.
(2) A registered order issued in another state is enforceable in the same manner and is subject to the same procedures as an order issued by a tribunal of this state.
(3) Except as otherwise provided in this article, a
tribunal of this state shall recognize and enforce, but may
not modify, a registered order if the issuing tribunal had
jurisdiction. [2002 c 198 § 603.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.505 Procedure to register order for enforcement. (Contingent effective date.) (1) A support order or
income-withholding order of another state may be registered
in this state by sending the following records and information to the appropriate tribunal in this state:
(a) A letter of transmittal to the tribunal requesting
registration and enforcement;
(b) Two copies, including one certified copy, of the
order to be registered, including any modification of the
order;
(c) A sworn statement by the person requesting registration or a certified statement by the custodian of the records
showing the amount of any arrearage;
(d) The name of the obligor and, if known:
(i) The obligor’s address and social security number;
(ii) The name and address of the obligor’s employer and
any other source of income of the obligor; and
(iii) A description and the location of property of the
obligor in this state not exempt from execution; and
(e) Except as otherwise provided in RCW 26.21A.255,
the name and address of the obligee and, if applicable, the
person to whom support payments are to be remitted.
(2) On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign
judgment, together with one copy of the documents and
information, regardless of their form.
(3) A petition or comparable pleading seeking a remedy
that must be affirmatively sought under other law of this
state may be filed at the same time as the request for
(2002 Ed.)
26.21A.515 Choice of law. (Contingent effective
date.) (1) Except as otherwise provided in subsection (4) of
this section, the law of the issuing state governs:
(a) The nature, extent, amount, and duration of current
payments under a registered support order;
(b) The computation and payment of arrearages and
accrual of interest on the arrearages under the registered
support order; and
(c) The existence and satisfaction of other obligations
under the registered support order.
(2) In a proceeding for arrears under a registered
support order, the statute of limitation of this state or of the
issuing state, whichever is longer, applies.
(3) A responding tribunal of this state shall apply the
procedures and remedies of this state to enforce current
support and collect arrears and interest due on a support
order of another state registered in this state.
(4) After a tribunal of this or another state determines
which is the controlling order and issues an order consolidating arrears, if any, a tribunal of this state shall prospectively
apply the law of the state issuing the registered controlling
order, including its law on interest on arrears, on current and
future support, and on consolidated arrears. [2002 c 198 §
604.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 83]
26.21A.520
Title 26 RCW: Domestic Relations
PART 2
CONTEST OF VALIDITY OR ENFORCEMENT
26.21A.520 Notice of registration of order. (Contingent effective date.) (1) When a support order or incomewithholding order issued in another state is registered, the
registering tribunal shall notify the nonregistering party. The
notice must be accompanied by a copy of the registered
order and the documents and relevant information accompanying the order.
(2) A notice must inform the nonregistering party:
(a) That a registered order is enforceable as of the date
of registration in the same manner as an order issued by a
tribunal of this state;
(b) That a hearing to contest the validity or enforcement
of the registered order must be requested within twenty days
after notice;
(c) That failure to contest the validity or enforcement of
the registered order in a timely manner will result in confirmation of the order and enforcement of the order and the
alleged arrearages; and
(d) Of the amount of any alleged arrearages.
(3) If the registering party asserts that two or more
orders are in effect, a notice must also:
(a) Identify the two or more orders and the order alleged
by the registering person to be the controlling order and the
consolidated arrears, if any;
(b) Notify the nonregistering party of the right to a
determination of which is the controlling order;
(c) State that the procedures provided in subsection (2)
of this section apply to the determination of which is the
controlling order; and
(d) State that failure to contest the validity or enforcement of the order alleged to be the controlling order in a
timely manner may result in confirmation that the order is
the controlling order.
(4) Upon registration of an income-withholding order
for enforcement, the registering tribunal shall notify the
obligor’s employer pursuant to the income-withholding law
of this state. [2002 c 198 § 605.]
26.21A.530 Contest of registration or enforcement.
(Contingent effective date.) (1) A party contesting the
validity or enforcement of a registered order or seeking to
vacate the registration has the burden of proving one or more
of the following defenses:
(a) The issuing tribunal lacked personal jurisdiction over
the contesting party;
(b) The order was obtained by fraud;
(c) The order has been vacated, suspended, or modified
by a later order;
(d) The issuing tribunal has stayed the order pending
appeal;
(e) There is a defense under the law of this state to the
remedy sought;
(f) Full or partial payment has been made;
(g) The statute of limitation under RCW 26.21A.515
precludes enforcement of some or all of the alleged
arrearages; or
(h) The alleged controlling order is not the controlling
order.
(2) If a party presents evidence establishing a full or
partial defense under subsection (1) of this section, a tribunal
may stay enforcement of the registered order, continue the
proceeding to permit production of additional relevant
evidence, and issue other appropriate orders. An uncontested
portion of the registered order may be enforced by all
remedies available under the law of this state.
(3) If the contesting party does not establish a defense
under subsection (1) of this section to the validity or
enforcement of the order, the registering tribunal shall issue
an order confirming the order. [2002 c 198 § 607.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.535 Confirmed order. (Contingent effective
date.) Confirmation of a registered order, whether by
operation of law or after notice and hearing, precludes
further contest of the order with respect to any matter that
could have been asserted at the time of registration. [2002
c 198 § 608.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.525 Procedure to contest validity or enforcement of registered order. (Contingent effective date.) (1)
A nonregistering party seeking to contest the validity or
enforcement of a registered order in this state shall request
a hearing within twenty days after notice of the registration.
The nonregistering party may seek to vacate the registration,
to assert any defense to an allegation of noncompliance with
the registered order, or to contest the remedies being sought
or the amount of any alleged arrearages pursuant to RCW
26.21A.530.
(2) If the nonregistering party fails to contest the
validity or enforcement of the registered order in a timely
manner, the order is confirmed by operation of law.
(3) If a nonregistering party requests a hearing to
contest the validity or enforcement of the registered order,
the registering tribunal shall schedule the matter for hearing
and give notice to the parties of the date, time, and place of
the hearing. [2002 c 198 § 606.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 84]
PART 3
REGISTRATION AND MODIFICATION OF
CHILD SUPPORT ORDER
26.21A.540 Procedure to register child support
order of another state for modification. (Contingent
effective date.) A party or support enforcement agency
seeking to modify, or to modify and enforce, a child support
order issued in another state shall register that order in this
state in the same manner provided in Part 1 of this article if
the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or later. The pleading must specify the grounds for
modification. [2002 c 198 § 609.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.545 Effect of registration for modification.
(Contingent effective date.) A tribunal of this state may
enforce a child support order of another state registered for
purposes of modification, in the same manner as if the order
(2002 Ed.)
Uniform Interstate Family Support Act
had been issued by a tribunal of this state, but the registered
order may be modified only if the requirements of RCW
26.21A.550 have been met. [2002 c 198 § 610.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.550 Modification of child support order of
another state. (Contingent effective date.) (1) If RCW
26.21A.560 does not apply, except as otherwise provided in
RCW 26.21A.570, upon petition a tribunal of this state may
modify a child support order issued in another state which is
registered in this state if, after notice and hearing the tribunal
finds that:
(a) The following requirements are met:
(i) The child, the obligee who is an individual, and the
obligor do not reside in the issuing state;
(ii) A petitioner who is a nonresident of this state seeks
modification; and
(iii) The respondent is subject to the personal jurisdiction of the tribunal of this state; or
(b) This state is either the state of residence of the child
or of a party who is an individual subject to the personal
jurisdiction of the tribunal of this state, and all of the parties
who are individuals have filed consents in a record in the
issuing tribunal for a tribunal of this state to modify the
support order and assume continuing, exclusive jurisdiction.
(2) Modification of a registered child support order is
subject to the same requirements, procedures, and defenses
that apply to the modification of an order issued by a
tribunal of this state and the order may be enforced and
satisfied in the same manner.
(3) Except as otherwise provided in RCW 26.21A.570,
a tribunal of this state may not modify any aspect of a child
support order that may not be modified under the law of the
issuing state. If two or more tribunals have issued child
support orders for the same obligor and same child, the order
that controls and must be so recognized under RCW
26.21A.130 establishes the aspects of the support order that
are nonmodifiable.
(4) In a proceeding to modify a child support order, the
law of the state that is determined to have issued the initial
controlling order governs the duration of the obligation of
support. The obligor’s fulfillment of the duty of support
established by that order precludes imposition of a further
obligation of support by a tribunal of this state.
(5) On issuance of an order by a tribunal of this state
modifying a child support order issued in another state, the
tribunal of this state becomes the tribunal having continuing,
exclusive jurisdiction. [2002 c 198 § 611.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.555 Recognition of order modified in
another state. (Contingent effective date.) If a child
support order issued by a tribunal of this state is modified by
a tribunal of another state that assumed jurisdiction pursuant
to the uniform interstate family support act, a tribunal of this
state:
(1) May enforce its order that was modified only as to
arrears and interest accruing before the modification;
(2) May provide other appropriate relief for violations
of its order which occurred before the effective date of the
modification; and
(2002 Ed.)
26.21A.545
(3) Shall recognize the modifying order of the other
state, upon registration, for the purpose of enforcement.
[2002 c 198 § 612.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.560 Jurisdiction to modify child support
order of another state when individual parties reside in
this state. (Contingent effective date.) (1) If all of the
parties who are individuals reside in this state and the child
does not reside in the issuing state, a tribunal of this state
has jurisdiction to enforce and to modify the issuing state’s
child support order in a proceeding to register that order.
(2) A tribunal of this state exercising jurisdiction under
this section shall apply the provisions of Articles 1 and 2 of
this chapter, this article, and the procedural and substantive
law of this state to the proceeding for enforcement or
modification. Articles 3, 4, 5, 7, and 8 of this chapter do
not apply. [2002 c 198 § 613.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.565 Notice to issuing tribunal of modification. (Contingent effective date.) Within thirty days after
issuance of a modified child support order, the party obtaining the modification shall file a certified copy of the order
with the issuing tribunal that had continuing, exclusive
jurisdiction over the earlier order, and in each tribunal in
which the party knows the earlier order has been registered.
A party who obtains the order and fails to file a certified
copy is subject to appropriate sanctions by a tribunal in
which the issue of failure to file arises. The failure to file
does not affect the validity or enforceability of the modified
order of the new tribunal having continuing, exclusive
jurisdiction. [2002 c 198 § 614.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.570 Jurisdiction to modify child support
order of foreign country or political subdivision. (Contingent effective date.) (1) If a foreign country or political
subdivision that is a state will not or may not modify its
order pursuant to its laws, a tribunal of this state may
assume jurisdiction to modify the child support order and
bind all individuals subject to the personal jurisdiction of the
tribunal whether or not the consent to modification of a child
support order otherwise required of the individual pursuant
to RCW 26.21A.550 has been given or whether the individual seeking modification is a resident of this state or of the
foreign country or political subdivision.
(2) An order issued pursuant to this section is the
controlling order. [2002 c 198 § 615.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 7
DETERMINATION OF PARENTAGE
26.21A.600 Proceeding to determine parentage.
(Contingent effective date.) (1) A tribunal of this state may
serve as an initiating or responding tribunal in a proceeding
brought under this chapter or a law or procedure substantially similar to this chapter to determine whether the
[Title 26 RCW—page 85]
26.21A.600
Title 26 RCW: Domestic Relations
petitioner is a parent of a particular child or to determine
whether a respondent is a parent of that child.
(2) In a proceeding to determine parentage, a responding
tribunal of this state shall apply the uniform parentage act
and the procedural and substantive law of this state. [2002
c 198 § 701.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
ARTICLE 8
INTERSTATE RENDITION
26.21A.650 Grounds for rendition. (Contingent
effective date.) (1) For purposes of this article, "governor"
includes an individual performing the functions of governor
or the executive authority of a state covered by this chapter.
(2) The governor of this state may:
(a) Demand that the governor of another state surrender
an individual found in the other state who is charged
criminally in this state with having failed to provide for the
support of an obligee; or
(b) On the demand by the governor of another state,
surrender an individual found in this state who is charged
criminally in the other state with having failed to provide for
the support of an obligee.
(3) A provision for extradition of individuals not
inconsistent with this chapter applies to the demand even if
the individual whose surrender is demanded was not in the
demanding state when the crime was allegedly committed
and has not fled from the demanding state. [2002 c 198 §
801.]
ARTICLE 9
MISCELLANEOUS PROVISIONS
26.21A.900 Contingent effective date—2002 c 198.
This act takes effect six months after the amendment by
congress to 42 U.S.C. Sec. 666(f) authorizing or mandating
states to adopt this version of the uniform interstate family
support act. [2002 c 198 § 906.]
26.21A.905 Uniformity of application and construction. (Contingent effective date.) In applying and construing this chapter, consideration must be given to the need to
promote uniformity of the law with respect to its subject
matter among states that enact it. [2002 c 198 § 903.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.910 Severability—2002 c 198. (Contingent
effective date.) If any provision of this act or its application
to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons
or circumstances is not affected. [2002 c 198 § 904.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.915 Captions, part headings, and articles
not part of law—2002 c 198. (Contingent effective date.)
Captions, part headings, and articles used in this act are not
any part of the law. [2002 c 198 § 902.]
Contingent effective date—2002 c 198: See RCW 26.21A.900.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
26.21A.655 Conditions of rendition. (Contingent
effective date.) (1) Before making a demand that the
governor of another state surrender an individual charged
criminally in this state with having failed to provide for the
support of an obligee, the governor of this state may require
a prosecutor of this state to demonstrate that at least sixty
days previously the obligee had initiated proceedings for
support pursuant to this chapter or that the proceeding would
be of no avail.
(2) If, under this chapter or a law substantially similar
to this chapter, the governor of another state makes a
demand that the governor of this state surrender an individual charged criminally in that state with having failed to
provide for the support of a child or other individual to
whom a duty of support is owed, the governor may require
a prosecutor to investigate the demand and report whether a
proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but
has not been initiated, the governor may delay honoring the
demand for a reasonable time to permit the initiation of a
proceeding.
(3) If a proceeding for support has been initiated and the
individual whose rendition is demanded prevails, the governor may decline to honor the demand. If the petitioner
prevails and the individual whose rendition is demanded is
subject to a support order, the governor may decline to
honor the demand if the individual is complying with the
support order. [2002 c 198 § 802.]
Chapter 26.23
STATE SUPPORT REGISTRY
Sections
26.23.010
26.23.020
26.23.030
26.23.033
26.23.035
26.23.040
26.23.045
26.23.050
26.23.055
26.23.060
26.23.070
26.23.075
26.23.080
26.23.090
26.23.100
26.23.110
26.23.120
26.23.130
26.23.140
Intent.
Definitions.
Registry—Creation—Duties—Interest on unpaid child support—Record retention.
State case registry—Submission of support orders.
Distribution of support received.
Employment reporting requirements—Exceptions—
Penalties—Retention of records.
Support enforcement services.
Support orders—Provisions—Enforcement—Confidential
information form.
Support proceedings, orders, and registry—Required information—Duty to update—Service.
Notice of payroll deduction—Answer—Processing fee.
Payments to registry—Methods—Immunity from civil liability.
Payments—Dishonored checks—Fees—Rules.
Certain acts by employers prohibited—Penalties.
Employer liability for failure or refusal to respond or remit
earnings.
Motion to quash, modify, or terminate payroll deduction—
Grounds for relief.
Procedures when amount of support obligation needs to be
determined—Notice—Adjudicative proceeding.
Information and records—Confidentiality—Disclosure—
Adjudicative proceeding—Rules—Penalties.
Notice to department of child support or maintenance orders.
Collection and disclosure of social security numbers—
Finding—Waiver requested to prevent fraud.
Contingent effective date—2002 c 198: See RCW 26.21A.900.
[Title 26 RCW—page 86]
(2002 Ed.)
State Support Registry
26.23.150
Recording of social security numbers—Compliance with
federal requirement—Restricted disclosure.
26.23.900 Effective date—1987 c 435.
Authority of office of support enforcement to take support enforcement
action against earnings within the state: RCW 74.20A.095.
26.23.010 Intent. The legislature recognizes the
financial impact on custodial parents and children when child
support is not received on time, or in the correct amount.
The legislature also recognizes the burden placed upon the
responsible parent and the second family when enforcement
action must be taken to collect delinquent support.
It is the intent of the legislature to create a central
Washington state support registry to improve the
recordkeeping of support obligations and payments, thereby
providing protection for both parties, and reducing the
burden on employers by creating a single standardized
process through which support payments are deducted from
earnings.
It is also the intent of the legislature that child support
payments be made through mandatory wage assignment or
payroll deduction if the responsible parent becomes delinquent in making support payments under a court or administrative order for support.
To that end, it is the intent of the legislature to interpret
all existing statutes and processes to give effect to, and to
implement, one central registry for recording and distributing
support payments in this state. [1987 c 435 § 1.]
26.23.020 Definitions. (1) The definitions contained
in RCW 74.20A.020 shall be incorporated into and made a
part of this chapter.
(2) "Support order" means a superior court order or
administrative order, as defined in RCW 74.20A.020.
(3) "Earnings" means compensation paid or payable for
personal services, whether denominated as wages, salary,
commission, bonus, or otherwise, and, notwithstanding any
other provision of law making the payments exempt from
garnishment, attachment, or other process to satisfy support
obligations, specifically includes periodic payments pursuant
to pension or retirement programs, or insurance policies of
any type, but does not include payments made under Title 50
RCW, except as provided in RCW 50.40.020 and 50.40.050,
or Title 74 RCW. Earnings shall specifically include all gain
from capital, from labor, or from both combined, not
including profit gained through sale or conversion of capital
assets.
(4) "Disposable earnings" means that part of the
earnings of an individual remaining after the deduction from
those earnings of an amount required by law to be withheld.
(5) "Employer" means any person or entity who pays or
owes earnings in employment as defined in Title 50 RCW to
the responsible parent including but not limited to the United
States government, or any state or local unit of government.
(6) "Employee" means a person in employment as
defined in Title 50 RCW to whom an employer is paying,
owes or anticipates paying earnings as a result of services
performed. [1987 c 435 § 2.]
26.23.030 Registry—Creation—Duties—Interest on
unpaid child support—Record retention. (1) There is
created a Washington state support registry within the divi(2002 Ed.)
Chapter 26.23
sion of child support as the agency designated in Washington
state to administer the child support program under Title IVD of the federal social security act. The registry shall:
(a) Provide a central unit for collection of support
payments made to the registry;
(b) Account for and disburse all support payments
received by the registry;
(c) Maintain the necessary records including, but not
limited to, information on support orders, support debts, the
date and amount of support due; the date and amount of
payments; and the names, social security numbers, and
addresses of the parties;
(d) Develop procedures for providing information to the
parties regarding action taken by, and support payments
collected and distributed by the registry; and
(e) Maintain a state child support case registry to
compile and maintain records on all child support orders
entered in the state of Washington.
(2) The division of child support may assess and collect
interest at the rate of twelve percent per year on unpaid child
support that has accrued under any support order entered into
the registry. This interest rate shall not apply to those
support orders already specifying an interest assessment at a
different rate.
(3) The secretary of social and health services shall
adopt rules for the maintenance and retention of records of
support payments and for the archiving and destruction of
such records when the support obligation terminates or is
satisfied. When a support obligation established under court
order entered in a superior court of this state has been
satisfied, a satisfaction of judgment form shall be prepared
by the registry and filed with the clerk of the court in which
the order was entered. [1997 c 58 § 905; 1989 c 360 § 6;
1988 c 275 § 18; 1987 c 435 § 3.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Severability—1988 c 275: See notes following
RCW 26.19.001.
26.23.033 State case registry—Submission of
support orders. (1) The division of child support, Washington state support registry shall operate a state case registry
containing records of all orders establishing or modifying a
support order that are entered after October 1, 1998.
(2) The superior court clerk, the office of administrative
hearings, and the department of social and health services
shall, within five days of entry, forward to the Washington
state support registry, a true and correct copy of all superior
court orders or administrative orders establishing or modifying a support obligation that provide that support payments
shall be made to the support registry.
(3) The division of child support shall reimburse the
clerk for the reasonable costs of copying and sending copies
of court orders to the registry at the reimbursement rate
provided in Title IV-D of the federal social security act.
(4) Effective October 1, 1998, the superior court clerk,
the office of administrative hearings, and the department of
social and health services shall, within five days of entry,
forward to the Washington state support registry a true and
[Title 26 RCW—page 87]
26.23.033
Title 26 RCW: Domestic Relations
correct copy of all superior court orders or administrative
orders establishing or modifying a support obligation.
(5) Receipt of a support order by the registry or other
action under this section on behalf of a person or persons
who have not made a written application for support enforcement services to the division of child support and who are
not recipients of public assistance is deemed to be:
(a) A request for payment services only if the order
requires payment to the Washington state support registry;
(b) A submission for inclusion in the state case registry
if the order does not require that support payments be made
to the Washington state support registry. [1997 c 58 § 903.]
erroneous payment, or may act according to RCW
74.20A.270 as deemed appropriate. Any set-off against
future support payments shall be limited to amounts collected on the support debt and ten percent of amounts collected
as current support.
(4) The division of child support shall ensure that the
fifty dollar pass through payment, as required by 42 U.S.C.
Sec. 657 before the adoption of P.L. 104-193, is terminated
immediately upon July 27, 1997, and all rules to the contrary
adopted before July 27, 1997, are without force and effect.
[1997 c 58 § 933; 1991 c 367 § 38; 1989 c 360 § 34.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.035 Distribution of support received. (1) The
department of social and health services shall adopt rules for
the distribution of support money collected by the division
of child support. These rules shall:
(a) Comply with Title IV-D of the federal social
security act as amended by the personal responsibility and
work opportunity reconciliation act of 1996;
(b) Direct the division of child support to distribute
support money within eight days of receipt, unless one of the
following circumstances, or similar circumstances specified
in the rules, prevents prompt distribution:
(i) The location of the custodial parent is unknown;
(ii) The support debt is in litigation;
(iii) The division of child support cannot identify the
responsible parent or the custodian;
(c) Provide for proportionate distribution of support
payments if the responsible parent owes a support obligation
or a support debt for two or more Title IV-D cases; and
(d) Authorize the distribution of support money, except
money collected under 42 U.S.C. Sec. 664, to satisfy a
support debt owed to the IV-D custodian before the debt
owed to the state when the custodian stops receiving a public
assistance grant.
(2) The division of child support may distribute support
payments to the payee under the support order or to another
person who has lawful physical custody of the child or
custody with the payee’s consent. The payee may file an
application for an adjudicative proceeding to challenge
distribution to such other person. Prior to distributing
support payments to any person other than the payee, the
registry shall:
(a) Obtain a written statement from the child’s physical
custodian, under penalty of perjury, that the custodian has
lawful custody of the child or custody with the payee’s
consent;
(b) Mail to the responsible parent and to the payee at
the payee’s last known address a copy of the physical
custodian’s statement and a notice which states that support
payments will be sent to the physical custodian; and
(c) File a copy of the notice with the clerk of the court
that entered the original support order.
(3) If the Washington state support registry distributes
a support payment to a person in error, the registry may
obtain restitution by means of a set-off against future
payments received on behalf of the person receiving the
26.23.040 Employment reporting requirements—
Exceptions—Penalties—Retention of records. (1) All
employers doing business in the state of Washington shall
report to the Washington state support registry:
(a) The hiring of any person who resides or works in
this state to whom the employer anticipates paying earnings;
and
(b) The rehiring or return to work of any employee who
was laid off, furloughed, separated, granted a leave without
pay, or terminated from employment.
The secretary of the department of social and health
services may adopt rules to establish additional exemptions
if needed to reduce unnecessary or burdensome reporting.
(2) Employers may report by mailing the employee’s
copy of the W-4 form, or other means authorized by the
registry which will result in timely reporting.
(3) Employers shall submit reports within twenty days
of the hiring, rehiring, or return to work of the employee,
except as provided in subsection (4) of this section. The
report shall contain:
(a) The employee’s name, address, social security
number, and date of birth; and
(b) The employer’s name, address, and identifying
number assigned under section 6109 of the internal revenue
code of 1986.
(4) In the case of an employer transmitting reports
magnetically or electronically, the employer shall report
newly hired employees by two monthly transmissions, if
necessary, not less than twelve days nor more than sixteen
days apart.
(5) An employer who fails to report as required under
this section shall be subject to a civil penalty of:
(a) Twenty-five dollars per month per employee; or
(b) Five hundred dollars, if the failure to report is the
result of a conspiracy between the employer and the employee not to supply the required report, or to supply a false
report. All violations within a single month shall be considered a single violation for purposes of assessing the penalty.
The penalty may be imposed and collected by the division
of child support under RCW 74.20A.350.
(6) The registry shall retain the information for a
particular employee only if the registry is responsible for
establishing, enforcing, or collecting a support debt of the
[Title 26 RCW—page 88]
(2002 Ed.)
State Support Registry
employee. The registry may, however, retain information for
a particular employee for as long as may be necessary to:
(a) Transmit the information to the national directory of
new hires as required under federal law; or
(b) Provide the information to other state agencies for
comparison with records or information possessed by those
agencies as required by law.
Information that is not permitted to be retained shall be
promptly destroyed. Agencies that obtain information from
the department of social and health services under this
section shall maintain the confidentiality of the information
received, except as necessary to implement the agencies’
responsibilities. [1998 c 160 § 5; 1997 c 58 § 944; 1997 c
58 § 943; 1994 c 127 § 1; 1993 c 480 § 1; 1989 c 360 § 39;
1987 c 435 § 4.]
Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW
74.20A.080.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—1997 c 58: See note following RCW 74.20A.320.
Effective date—1993 c 480: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 17, 1993]." [1993 c 480 § 2.]
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note
following RCW 74.20A.060.
26.23.045 Support enforcement services. (1) The
division of child support, Washington state support registry,
shall provide support enforcement services under the
following circumstances:
(a) Whenever public assistance under RCW 74.20.330
is paid;
(b) Whenever a request for support enforcement services
under RCW 74.20.040 is received;
(c) When a support order which contains language
directing a responsible parent to make support payments to
the Washington state support registry under RCW 26.23.050
is submitted and the division of child support receives a
written application for services or is already providing
services;
(d) When the obligor submits a support order or support
payment, and an application, to the Washington state support
registry.
(2) The division of child support shall continue to
provide support enforcement services for so long as and
under such conditions as the department shall establish by
regulation or until the superior court enters an order removing the requirement that the obligor make support payments
to the Washington state support registry as provided for in
RCW 26.23.050. [1997 c 58 § 902; 1994 c 230 § 8; 1989
c 360 § 33.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.050 Support orders—Provisions—
Enforcement—Confidential information form. (1) If the
division of child support is providing support enforcement
services under RCW 26.23.045, or if a party is applying for
(2002 Ed.)
26.23.040
support enforcement services by signing the application form
on the bottom of the support order, the superior court shall
include in all court orders that establish or modify a support
obligation:
(a) A provision that orders and directs the responsible
parent to make all support payments to the Washington state
support registry;
(b) A statement that withholding action may be taken
against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child
support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the
court order, unless:
(i) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
withholding and that withholding should be delayed until a
payment is past due; or
(ii) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement;
(c) A statement that the receiving parent might be
required to submit an accounting of how the support is being
spent to benefit the child; and
(d) A statement that the responsible parent’s privileges
to obtain and maintain a license, as defined in RCW
74.20A.320, may not be renewed, or may be suspended if
the parent is not in compliance with a support order as
provided in RCW 74.20A.320.
As used in this subsection and subsection (3) of this
section, "good cause not to require immediate income
withholding" means a written determination of why implementing immediate wage withholding would not be in the
child’s best interests and, in modification cases, proof of
timely payment of previously ordered support.
(2) In all other cases not under subsection (1) of this
section, the court may order the responsible parent to make
payments directly to the person entitled to receive the
payments, to the Washington state support registry, or may
order that payments be made in accordance with an alternate
arrangement agreed upon by the parties.
(a) The superior court shall include in all orders under
this subsection that establish or modify a support obligation:
(i) A statement that withholding action may be taken
against wages, earnings, assets, or benefits, and liens
enforced against real and personal property under the child
support statutes of this or any other state, without further
notice to the responsible parent at any time after entry of the
court order, unless:
(A) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
withholding and that withholding should be delayed until a
payment is past due; or
(B) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement; and
(ii) A statement that the receiving parent may be
required to submit an accounting of how the support is being
spent to benefit the child.
As used in this subsection, "good cause not to require
immediate income withholding" is any reason that the court
finds appropriate.
[Title 26 RCW—page 89]
26.23.050
Title 26 RCW: Domestic Relations
(b) The superior court may order immediate or delayed
income withholding as follows:
(i) Immediate income withholding may be ordered if the
responsible parent has earnings. If immediate income
withholding is ordered under this subsection, all support payments shall be paid to the Washington state support registry.
The superior court shall issue a mandatory wage assignment
order as set forth in chapter 26.18 RCW when the support
order is signed by the court. The parent entitled to receive
the transfer payment is responsible for serving the employer
with the order and for its enforcement as set forth in chapter
26.18 RCW.
(ii) If immediate income withholding is not ordered, the
court shall require that income withholding be delayed until
a payment is past due. The support order shall contain a
statement that withholding action may be taken against
wages, earnings, assets, or benefits, and liens enforced
against real and personal property under the child support
statutes of this or any other state, without further notice to
the responsible parent, after a payment is past due.
(c) If a mandatory wage withholding order under
chapter 26.18 RCW is issued under this subsection and the
division of child support provides support enforcement services under RCW 26.23.045, the existing wage withholding
assignment is prospectively superseded upon the division of
child support’s subsequent service of an income withholding
notice.
(3) The office of administrative hearings and the
department of social and health services shall require that all
support obligations established as administrative orders
include a provision which orders and directs that the responsible parent shall make all support payments to the Washington state support registry. All administrative orders shall
also state that the responsible parent’s privileges to obtain
and maintain a license, as defined in RCW 74.20A.320, may
not be renewed, or may be suspended if the parent is not in
compliance with a support order as provided in RCW
74.20A.320. All administrative orders shall also state that
withholding action may be taken against wages, earnings,
assets, or benefits, and liens enforced against real and
personal property under the child support statutes of this or
any other state without further notice to the responsible
parent at any time after entry of the order, unless:
(a) One of the parties demonstrates, and the presiding
officer finds, that there is good cause not to require immediate income withholding; or
(b) The parties reach a written agreement that is
approved by the presiding officer that provides for an
alternate agreement.
(4) If the support order does not include the provision
ordering and directing that all payments be made to the
Washington state support registry and a statement that
withholding action may be taken against wages, earnings,
assets, or benefits if a support payment is past due or at any
time after the entry of the order, or that a parent’s licensing
privileges may not be renewed, or may be suspended, the
division of child support may serve a notice on the responsible parent stating such requirements and authorizations.
Service may be by personal service or any form of mail
requiring a return receipt.
(5) Every support order shall state:
(a) The address where the support payment is to be sent;
[Title 26 RCW—page 90]
(b) That withholding action may be taken against wages,
earnings, assets, or benefits, and liens enforced against real
and personal property under the child support statutes of this
or any other state, without further notice to the responsible
parent at any time after entry of a support order, unless:
(i) One of the parties demonstrates, and the court finds,
that there is good cause not to require immediate income
withholding; or
(ii) The parties reach a written agreement that is
approved by the court that provides for an alternate arrangement;
(c) The income of the parties, if known, or that their
income is unknown and the income upon which the support
award is based;
(d) The support award as a sum certain amount;
(e) The specific day or date on which the support
payment is due;
(f) The names and ages of the dependent children;
(g) A provision requiring the responsible parent to keep
the Washington state support registry informed of whether he
or she has access to health insurance coverage at reasonable
cost and, if so, the health insurance policy information;
(h) That any parent owing a duty of child support shall
be obligated to provide health insurance coverage for his or
her child if coverage that can be extended to cover the child
is or becomes available to that parent through employment
or is union-related as provided under RCW 26.09.105;
(i) That if proof of health insurance coverage or proof
that the coverage is unavailable is not provided within
twenty days, the obligee or the department may seek direct
enforcement of the coverage through the obligor’s employer
or union without further notice to the obligor as provided
under chapter 26.18 RCW;
(j) The reasons for not ordering health insurance
coverage if the order fails to require such coverage;
(k) That the responsible parent’s privileges to obtain and
maintain a license, as defined in RCW 74.20A.320, may not
be renewed, or may be suspended if the parent is not in
compliance with a support order as provided in RCW
74.20A.320;
(l) That each parent must:
(i) Promptly file with the court and update as necessary
the confidential information form required by subsection (7)
of this section; and
(ii) Provide the state case registry and update as
necessary the information required by subsection (7) of this
section; and
(m) That parties to administrative support orders shall
provide to the state case registry and update as necessary
their residential addresses and the address of the responsible
parent’s employer. The division of child support may adopt
rules that govern the collection of parties’ current residence
and mailing addresses, telephone numbers, dates of birth,
social security numbers, the names of the children, social
security numbers of the children, dates of birth of the
children, driver’s license numbers, and the names, addresses,
and telephone numbers of the parties’ employers to enforce
an administrative support order. The division of child
support shall not release this information if the division of
child support determines that there is reason to believe that
release of the information may result in physical or emotional harm to the party or to the child, or a restraining order or
(2002 Ed.)
State Support Registry
protective order is in effect to protect one party from the
other party.
(6) After the responsible parent has been ordered or
notified to make payments to the Washington state support
registry under this section, the responsible parent shall be
fully responsible for making all payments to the Washington
state support registry and shall be subject to payroll deduction or other income-withholding action. The responsible
parent shall not be entitled to credit against a support
obligation for any payments made to a person or agency
other than to the Washington state support registry except as
provided under RCW 74.20.101. A civil action may be
brought by the payor to recover payments made to persons
or agencies who have received and retained support moneys
paid contrary to the provisions of this section.
(7) All petitioners and parties to all court actions under
chapters 26.09, 26.10, 26.12, 26.18, 26.21, 26.23, 26.26, and
26.27 RCW shall complete to the best of their knowledge a
verified and signed confidential information form or equivalent that provides the parties’ current residence and mailing
addresses, telephone numbers, dates of birth, social security
numbers, driver’s license numbers, and the names, addresses,
and telephone numbers of the parties’ employers. The clerk
of the court shall not accept petitions, except in parentage
actions initiated by the state, orders of child support, decrees
of dissolution, or paternity orders for filing in such actions
unless accompanied by the confidential information form or
equivalent, or unless the confidential information form or
equivalent is already on file with the court clerk. In lieu of
or in addition to requiring the parties to complete a separate
confidential information form, the clerk may collect the
information in electronic form. The clerk of the court shall
transmit the confidential information form or its data to the
division of child support with a copy of the order of child
support or paternity order, and may provide copies of the
confidential information form or its data and any related
findings, decrees, parenting plans, orders, or other documents
to the state administrative agency that administers Title
IV-A, IV-D, or IV-E of the federal social security act. In
state initiated paternity actions, the parties adjudicated the
parents of the child or children shall complete the confidential information form or equivalent or the state’s attorney of
record may complete that form to the best of the attorney’s
knowledge. [2001 c 42 § 3; 1998 c 160 § 2; 1997 c 58 §
888; 1994 c 230 § 9; 1993 c 207 § 1; 1991 c 367 § 39; 1989
c 360 § 15; 1987 c 435 § 5.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Intent—1997 c 58: See note following RCW 74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.055 Support proceedings, orders, and registry—Required information—Duty to update—Service.
(1) Each party to a paternity or child support proceeding
must provide the court and the Washington state child
support registry with the confidential information form as
required under RCW 26.23.050.
(2002 Ed.)
26.23.050
(2) Each party to an order entered in a child support or
paternity proceeding shall update the information required
under subsection (1) of this section promptly after any
change in the information. The duty established under this
section continues as long as any monthly support or support
debt remains due under the support order.
(3) In any proceeding to establish, enforce, or modify
the child support order between the parties, a party may
demonstrate to the presiding officer that he or she has
diligently attempted to locate the other party. Upon a
showing of diligent efforts to locate, the presiding officer
shall deem service of process for the action by delivery of
written notice to the address most recently provided by the
party under this section to be adequate notice of the action.
(4) All support orders shall contain notice to the parties
of the obligations established by this section and possibility
of service of process according to subsection (3) of this
section. [2001 c 42 § 4; 1998 c 160 § 3; 1997 c 58 § 904.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.060 Notice of payroll deduction—Answer—
Processing fee. (1) The division of child support may issue
a notice of payroll deduction:
(a) As authorized by a support order that contains a
notice clearly stating that child support may be collected by
withholding from earnings, wages, or benefits without further
notice to the obligated parent; or
(b) After service of a notice containing an incomewithholding provision under this chapter or chapter 74.20A
RCW.
(2) The division of child support shall serve a notice of
payroll deduction upon a responsible parent’s employer or
upon the employment security department for the state in
possession of or owing any benefits from the unemployment
compensation fund to the responsible parent pursuant to Title
50 RCW:
(a) In the manner prescribed for the service of a
summons in a civil action;
(b) By certified mail, return receipt requested;
(c) By electronic means if there is an agreement
between the secretary and the person, firm, corporation,
association, political subdivision, department of the state, or
agency, subdivision, or instrumentality of the United States
to accept service by electronic means; or
(d) By regular mail to a responsible parent’s employer
unless the division of child support reasonably believes that
service of process in the manner prescribed in (a) or (b) of
this subsection is required for initiating an action to ensure
employer compliance with the withholding requirement.
(3) Service of a notice of payroll deduction upon an
employer or employment security department requires the
employer or employment security department to immediately
make a mandatory payroll deduction from the responsible
parent’s unpaid disposable earnings or unemployment
compensation benefits. The employer or employment
security department shall thereafter deduct each pay period
the amount stated in the notice divided by the number of pay
[Title 26 RCW—page 91]
26.23.060
Title 26 RCW: Domestic Relations
periods per month. The payroll deduction each pay period
shall not exceed fifty percent of the responsible parent’s
disposable earnings.
(4) A notice of payroll deduction for support shall have
priority over any wage assignment, garnishment, attachment,
or other legal process.
(5) The notice of payroll deduction shall be in writing
and include:
(a) The name and social security number of the responsible parent;
(b) The amount to be deducted from the responsible
parent’s disposable earnings each month, or alternate
amounts and frequencies as may be necessary to facilitate
processing of the payroll deduction;
(c) A statement that the total amount withheld shall not
exceed fifty percent of the responsible parent’s disposable
earnings;
(d) The address to which the payments are to be mailed
or delivered; and
(e) A notice to the responsible parent warning the
responsible parent that, despite the payroll deduction, the
responsible parent’s privileges to obtain and maintain a
license, as defined in RCW 74.20A.320, may not be renewed, or may be suspended if the parent is not in compliance with a support order as defined in RCW 74.20A.320.
(6) An informational copy of the notice of payroll
deduction shall be mailed to the last known address of the
responsible parent by regular mail.
(7) An employer or employment security department
that receives a notice of payroll deduction shall make
immediate deductions from the responsible parent’s unpaid
disposable earnings and remit proper amounts to the Washington state support registry within seven working days of
the date the earnings are payable to the responsible parent.
(8) An employer, or the employment security department, upon whom a notice of payroll deduction is served,
shall make an answer to the division of child support within
twenty days after the date of service. The answer shall
confirm compliance and institution of the payroll deduction
or explain the circumstances if no payroll deduction is in
effect. The answer shall also state whether the responsible
parent is employed by or receives earnings from the employer or receives unemployment compensation benefits from the
employment security department, whether the employer or
employment security department anticipates paying earnings
or unemployment compensation benefits and the amount of
earnings. If the responsible parent is no longer employed, or
receiving earnings from the employer, the answer shall state
the present employer’s name and address, if known. If the
responsible parent is no longer receiving unemployment
compensation benefits from the employment security
department, the answer shall state the present employer’s
name and address, if known.
The returned answer or a payment remitted to the
division of child support by the employer constitutes proof
of service of the notice of payroll deduction in the case
where the notice was served by regular mail.
(9) The employer may deduct a processing fee from the
remainder of the responsible parent’s earnings after withholding under the notice of payroll deduction, even if the
remainder is exempt under RCW 26.18.090. The processing
fee may not exceed: (a) Ten dollars for the first disburse[Title 26 RCW—page 92]
ment made to the Washington state support registry; and (b)
one dollar for each subsequent disbursement to the registry.
(10) The notice of payroll deduction shall remain in
effect until released by the division of child support, the
court enters an order terminating the notice and approving an
alternate arrangement under RCW 26.23.050, or until the
employer no longer employs the responsible parent and is no
longer in possession of or owing any earnings to the responsible parent. The employer shall promptly notify the office
of support enforcement when the employer no longer
employs the parent subject to the notice. For the employment security department, the notice of payroll deduction
shall remain in effect until released by the division of child
support or until the court enters an order terminating the
notice.
(11) The division of child support may use uniform
interstate withholding forms adopted by the United States
department of health and human services to take withholding
actions under this section whether the responsible parent is
receiving earnings or unemployment compensation in this
state or in another state. [2000 c 86 § 4; 2000 c 29 § 1;
1998 c 160 § 8; 1997 c 58 § 890; 1994 c 230 § 10; 1991 c
367 § 40; 1989 c 360 § 32; 1987 c 435 § 6.]
Reviser’s note: This section was amended by 2000 c 29 § 1 and by
2000 c 86 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—2000 c 29: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2000 c 29 § 2.]
Conflict with federal requirements—2000 c 29: "If any part of this
act is found to be in conflict with federal requirements that are a prescribed
condition to the allocation of federal funds to the state or the eligibility of
employers in this state for federal unemployment tax credits, the conflicting
part of this act is inoperative solely to the extent of the conflict, and the
finding or determination does not affect the operation of the remainder of
this act. Rules adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by the state or the
granting of federal unemployment tax credits to employers in this state."
[2000 c 29 § 3.]
Effective date—2000 c 29: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 17, 2000]." [2000 c 29 § 4.]
Effective date—1998 c 160 §§ 1, 5, and 8: See note following RCW
74.20A.080.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.070 Payments to registry—Methods—
Immunity from civil liability. (1) The employer or the
employment security department may combine amounts
withheld from the earnings of more than one responsible
parent in a single payment to the Washington state support
registry, listing separately the amount of the payment which
is attributable to each individual.
(2) No employer nor employment security department
that complies with a notice of payroll deduction under this
(2002 Ed.)
State Support Registry
chapter shall be civilly liable to the responsible parent for
complying with a notice of payroll deduction under this
chapter. [1991 c 367 § 41; 1987 c 435 § 7.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.075 Payments—Dishonored checks—Fees—
Rules. For any payment made by a check as defined in
RCW 62A.3-104, if the instrument is dishonored under RCW
62A.3-515, the costs and fees authorized under RCW 62A.3515 apply. The department may establish procedures and
adopt rules to enforce this section. [2000 c 215 § 4.]
26.23.080 Certain acts by employers prohibited—
Penalties. No employer shall discipline or discharge an
employee or refuse to hire a person by reason of an action
authorized in this chapter. If an employer disciplines or discharges an employee or refuses to hire a person in violation
of this section, the employee or person shall have a cause of
action against the employer. The employer shall be liable
for double the amount of lost wages and any other damages
suffered as a result of the violation and for costs and reasonable attorney fees, and shall be subject to a civil penalty of
not more than two thousand five hundred dollars for each
violation. The employer may also be ordered to hire, rehire,
or reinstate the aggrieved individual. [1987 c 435 § 9.]
26.23.090 Employer liability for failure or refusal
to respond or remit earnings. (1) The employer shall be
liable to the Washington state support registry, or to the
agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act and issuing a notice, garnishment, or wage assignment
attaching wages or earnings in satisfaction of a support
obligation, for the amount of support moneys which should
have been withheld from the employee’s earnings, if the
employer:
(a) Fails or refuses, after being served with a notice of
payroll deduction, or substantially similar action issued by
the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act, to deduct and promptly remit from unpaid earnings the
amounts of money required in the notice;
(b) Fails or refuses to submit an answer to the notice of
payroll deduction, or substantially similar action issued by
the agency or firm providing child support enforcement for
another state, under Title IV-D of the federal social security
act, after being served; or
(c) Is unwilling to comply with the other requirements
of RCW 26.23.060.
(2) Liability may be established in superior court or may
be established pursuant to RCW 74.20A.350. Awards in
superior court and in actions pursuant to RCW 74.20A.350
shall include costs, interest under RCW 19.52.020 and
4.56.110, and reasonable attorneys’ fees and staff costs as a
part of the award. Debts established pursuant to this section
may be collected by the division of child support using any
of the remedies available under chapter 26.09, 26.18, 26.21,
26.23, 74.20, or 74.20A RCW for the collection of child
support. [1997 c 296 § 13; 1997 c 58 § 894; 1990 c 165 §
2; 1987 c 435 § 10.]
(2002 Ed.)
26.23.070
Reviser’s note: This section was amended by 1997 c 58 § 894 and
by 1997 c 296 § 13, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.23.100 Motion to quash, modify, or terminate
payroll deduction—Grounds for relief. (1) The responsible parent subject to a payroll deduction pursuant to this
chapter, may file a motion in superior court to quash,
modify, or terminate the payroll deduction.
(2) Except as provided in subsections (4) and (5) of this
section, the court may grant relief only upon a showing: (a)
That the payroll deduction causes extreme hardship or
substantial injustice; or (b) that the support payment was not
past due under the terms of the order when the notice of
payroll deduction was served on the employer.
(3) Satisfaction by the obligor of all past due payments
subsequent to the issuance of the notice of payroll deduction
is not grounds to quash, modify, or terminate the notice of
payroll deduction.
(4) If a notice of payroll deduction has been in operation for twelve consecutive months and the obligor’s support
obligation is current, upon motion of the obligor, the court
may order the office of support enforcement to terminate the
payroll deduction, unless the obligee can show good cause
as to why the payroll deduction should remain in effect.
(5) Subsection (2) of this section shall not prevent the
court from ordering an alternative arrangement as provided
under RCW 26.23.050(2). [1994 c 230 § 11; 1991 c 367 §
42; 1989 c 360 § 31; 1987 c 435 § 8.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.110 Procedures when amount of support
obligation needs to be determined—Notice—Adjudicative
proceeding. (1) The department may serve a notice of
support owed on a responsible parent when a support order:
(a) Does not state the current and future support
obligation as a fixed dollar amount; or
(b) Contains an escalation clause or adjustment provision for which additional information not contained in the
support order is needed to determine the fixed dollar amount
of the support debt or the fixed dollar amount of the current
and future support obligation, or both.
(2) The notice of support owed shall facilitate enforcement of the support order and implement and effectuate the
terms of the support order, rather than modify those terms.
When the office of support enforcement issues a notice of
support owed, the office shall inform the payee under the
support order.
(3) The notice of support owed shall be served on a
responsible parent by personal service or any form of
mailing requiring a return receipt. The notice of support
owed shall contain an initial finding of the fixed dollar
amount of current and future support obligation that should
be paid or the fixed dollar amount of the support debt owed
under the support order, or both.
(4) A responsible parent who objects to the fixed dollar
amounts stated in the notice of support owed has twenty
[Title 26 RCW—page 93]
26.23.110
Title 26 RCW: Domestic Relations
days from the date of the service of the notice of support
owed to file an application for an adjudicative proceeding or
initiate an action in superior court.
(5) The notice of support owed shall state that the
responsible parent may:
(a) File an application for an adjudicative proceeding
governed by chapter 34.05 RCW, the administrative procedure act, in which the responsible parent will be required to
appear and show cause why the fixed dollar amount of
support debt or current and future support obligation, or
both, stated in the notice of support owed is incorrect and
should not be ordered; or
(b) Initiate an action in superior court.
(6) If the responsible parent does not file an application
for an adjudicative proceeding or initiate an action in
superior court, the fixed dollar amount of current and future
support obligation or support debt, or both, stated in the
notice of support owed shall become final and subject to
collection action.
(7) If an adjudicative proceeding is requested, the
department shall mail a copy of the notice of adjudicative
proceeding to the payee under the support order at the
payee’s last known address. A payee who appears for the
adjudicative proceeding is entitled to participate. Participation includes, but is not limited to, giving testimony, presenting evidence, being present for or listening to other testimony offered in the adjudicative proceeding, and offering
rebuttal to other testimony. Nothing in this section shall
preclude the administrative law judge from limiting participation to preserve the confidentiality of information protected by law.
(8) If the responsible parent does not initiate an action
in superior court, and serve notice of the action on the
department within the twenty-day period, the responsible
parent shall be deemed to have made an election of remedies
and shall be required to exhaust administrative remedies
under this chapter with judicial review available as provided
for in RCW 34.05.510 through 34.05.598.
(9) An adjudicative order entered in accordance with
this section shall state the basis, rationale, or formula upon
which the fixed dollar amounts established in the adjudicative order were based. The fixed dollar amount of current
and future support obligation or the amount of the support
debt, or both, determined under this section shall be subject
to collection under this chapter and other applicable state
statutes.
(10) The department shall also provide for:
(a) An annual review of the support order if either the
office of support enforcement or the responsible parent
requests such a review; and
(b) A late adjudicative proceeding if the responsible
parent fails to file an application for an adjudicative proceeding in a timely manner under this section.
(11) If an annual review or late adjudicative proceeding
is requested under subsection (10) of this section, the
department shall mail a copy of the notice of adjudicative
proceeding to the payee at the payee’s last known address.
A payee who appears for the adjudicative proceeding is
entitled to participate. Participation includes, but is not
limited to, giving testimony, presenting evidence, being
present for or listening to other testimony offered in the
adjudicative proceeding, and offering rebuttal to other
[Title 26 RCW—page 94]
testimony. The administrative law judge may limit participation to preserve the confidentiality of information protected
by law. [1993 c 12 § 1. Prior: 1989 c 360 § 16; 1989 c
175 § 77; 1987 c 435 § 11.]
Effective dates—1989 c 360 §§ 9, 10, 16, and 39: See note
following RCW 74.20A.060.
Effective date—1989 c 175: See note following RCW 34.05.010.
26.23.120
Information and records—
Confidentiality—Disclosure—Adjudicative proceeding—
Rules—Penalties. (1) Any information or records concerning individuals who owe a support obligation or for whom
support enforcement services are being provided which are
obtained or maintained by the Washington state support
registry, the division of child support, or under chapter 74.20
RCW shall be private and confidential and shall only be
subject to public disclosure as provided in subsection (2) of
this section.
(2) The secretary of the department of social and health
services may adopt rules:
(a) That specify what information is confidential;
(b) That specify the individuals or agencies to whom
this information and these records may be disclosed;
(c) Limiting the purposes for which the information may
be disclosed;
(d) Establishing procedures to obtain the information or
records; or
(e) Establishing safeguards necessary to comply with
federal law requiring safeguarding of information.
(3) The rules adopted under subsection (2) of this
section shall provide for disclosure of the information and
records, under appropriate circumstances, which shall
include, but not be limited to:
(a) When authorized or required by federal statute or
regulation governing the support enforcement program;
(b) To the person the subject of the records or information, unless the information is exempt from disclosure under
RCW 42.17.310;
(c) To government agencies, whether state, local, or
federal, and including federally recognized tribes, law
enforcement agencies, prosecuting agencies, and the executive branch, if the disclosure is necessary for child support
enforcement purposes or required under Title IV-D of the
federal social security act;
(d) To the parties in a judicial or adjudicative proceeding upon a specific written finding by the presiding officer
that the need for the information outweighs any reason for
maintaining the privacy and confidentiality of the information or records;
(e) To private persons, federally recognized tribes, or
organizations if the disclosure is necessary to permit private
contracting parties to assist in the management and operation
of the department;
(f) Disclosure of address and employment information
to the parties to an action for purposes relating to a child
support order, subject to the limitations in subsections (4)
and (5) of this section;
(g) Disclosure of information or records when necessary
to the efficient administration of the support enforcement
program or to the performance of functions and responsi-
(2002 Ed.)
State Support Registry
bilities of the support registry and the division of child
support as set forth in state and federal statutes; or
(h) Disclosure of the information or records when
authorized under RCW 74.04.060.
(4) Prior to disclosing the whereabouts of a physical
custodian, custodial parent or a child to the other parent or
party, a notice shall be mailed, if appropriate under the
circumstances, to the parent or physical custodian whose
whereabouts are to be disclosed, at that person’s last known
address. The notice shall advise the parent or physical
custodian that a request for disclosure has been made and
will be complied with unless the department:
(a) Receives a copy of a court order within thirty days
which enjoins the disclosure of the information or restricts
or limits the requesting party’s right to contact or visit the
parent or party whose address is to be disclosed or the child;
(b) Receives a hearing request within thirty days under
subsection (5) of this section; or
(c) Has reason to believe that the release of the information may result in physical or emotional harm to the physical
custodian whose whereabouts are to be released, or to the
child.
(5) A person receiving notice under subsection (4) of
this section may request an adjudicative proceeding under
chapter 34.05 RCW, at which the person may show that
there is reason to believe that release of the information may
result in physical or emotional harm to the person or the
child. The administrative law judge shall determine whether
the whereabouts of the person or child should be disclosed
based on subsection (4)(c) of this section, however no
hearing is necessary if the department has in its possession
a protective order or an order limiting visitation or contact.
(6) The notice and hearing process in subsections (4)
and (5) of this section do not apply to protect the whereabouts of a noncustodial parent, unless that parent has
requested notice before whereabouts information is released.
A noncustodial parent may request such notice by submitting
a written request to the division of child support.
(7) Nothing in this section shall be construed as limiting
or restricting the effect of RCW 42.17.260(9). Nothing in
this section shall be construed to prevent the disclosure of
information and records if all details identifying an individual are deleted or the individual consents to the disclosure.
(8) It shall be unlawful for any person or agency in
violation of this section to solicit, publish, disclose, receive,
make use of, or to authorize, knowingly permit, participate
in or acquiesce in the use of any lists of names for commercial or political purposes or the use of any information
for purposes other than those purposes specified in this
section. A violation of this section shall be a gross misdemeanor as provided in chapter 9A.20 RCW. [1998 c 160 §
4; 1997 c 58 § 908; 1994 c 230 § 12. Prior: 1989 c 360 §
17; 1989 c 175 § 78; 1987 c 435 § 12.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective date—1989 c 175: See note following RCW 34.05.010.
26.23.130 Notice to department of child support or
maintenance orders. The department shall be given twenty
calendar days prior notice of the entry of any final order and
(2002 Ed.)
26.23.120
five days prior notice of the entry of any temporary order in
any proceeding involving child support or maintenance if the
department has a financial interest based on an assignment
of support rights under RCW 74.20.330 or the state has a
subrogated interest under RCW 74.20A.030. Service of this
notice upon the department shall be by personal service on,
or mailing by any form of mail requiring a return receipt to,
the office of the attorney general; except that notice shall be
given to the office of the prosecuting attorney for the county
in which the action is filed in lieu of the office of the
attorney general in those counties and in the types of cases
as designated by the office of the attorney general by letter
sent to the presiding superior court judge of that county.
The department shall not be entitled to terms for a party’s
failure to serve the department within the time requirements
for this section, unless the department proves that the party
knew that the department had an assignment of support
rights or a subrogated interest and that the failure to serve
the department was intentional. [2002 c 199 § 3; 1991 c 367
§ 43.]
Severability—Effective date—Captions not law—1991 c 367: See
notes following RCW 26.09.015.
26.23.140 Collection and disclosure of social
security numbers—Finding—Waiver requested to
prevent fraud. The federal personal responsibility and work
opportunity reconciliation act of 1996, P.L. 104-193, requires
states to collect social security numbers as part of the
application process for professional licenses, driver’s
licenses, occupational licenses, and recreational licenses.
The legislature finds that if social security numbers are
accessible to the public, it will be relatively easy for someone to use another’s social security number fraudulently to
assume that person’s identity and gain access to bank
accounts, credit services, billing information, driving history,
and other sources of personal information. Public Law 104193 could compound and exacerbate the disturbing trend of
social security number-related fraud. In order to prevent
fraud and curtail invasions of privacy, the governor, through
the department of social and health services, shall seek a
waiver to the federal mandate to record social security
numbers on applications for professional, driver’s, occupational, and recreational licenses. If a waiver is not granted,
the licensing agencies shall collect and disclose social
security numbers as required under RCW 26.23.150. [1998
c 160 § 6.]
26.23.150 Recording of social security numbers—
Compliance with federal requirement—Restricted
disclosure. In order to assist in child support enforcement
as required by federal law, all applicants for an original,
replacement, or renewal of a professional license, commercial driver’s license, occupational license, or recreational
license must furnish the licensing agency with the applicant’s
social security number, which shall be recorded on the
application. No applicant for an original, replacement, or
renewal noncommercial driver’s license is required to furnish
the licensing agency with the applicant’s social security
number for purposes of assisting in child support enforcement prior to the time necessary to comply with the federal
deadline. The licensing agencies collecting social security
[Title 26 RCW—page 95]
26.23.150
Title 26 RCW: Domestic Relations
numbers shall not display the social security number on the
license document. Social security numbers collected by licensing agencies shall not be disclosed except as required by
state or federal law or under RCW 26.23.120. [1999 c 138
§ 2; 1998 c 160 § 7.]
Finding—Implementation—Intent—1999 c 138: "The legislature
declares that enhancing the effectiveness of child support enforcement is an
essential public policy goal, but that the use of social security numbers on
licenses is an inappropriate, intrusive, and offensive method of improving
enforceability. The legislature also finds that, in 1997, the federal
government threatened sanction by withholding of funds for programs for
poor families if states did not comply with a federal requirement to use
social security numbers on licenses, thus causing the legislature to enact
such provisions under protest. Since that time, the federal government has
delayed implementation of the noncommercial driver’s license requirement
until October 1, 2000.
The legislature will require compliance with federal law in this matter
only at such time and in the event that the federal government actually
implements the requirement of using social security numbers on noncommercial driver’s license applications. Therefore, the legislature intends to
delay the implementation of provisions enacted in 1998 requiring social
security numbers be recorded on all applications for noncommercial driver’s
licenses." [1999 c 138 § 1.]
26.23.900 Effective date—1987 c 435. Sections 1
through 3 and 5 through 36 of this act shall take effect
January 1, 1988. [1987 c 435 § 37.]
Chapter 26.25
COOPERATIVE CHILD SUPPORT SERVICES—
INDIAN TRIBES
Sections
26.25.010
26.25.020
26.25.030
26.25.040
Purpose.
Cooperative agreements—Authorized.
Cooperative agreements—Contents.
Rules.
26.25.010 Purpose. The legislature recognizes that
Indian tribes are sovereign nations and the relationship
between the state and the tribe is sovereign-to-sovereign.
The federal government acknowledged the importance
of including Indian tribes in child support systems established by the federal government and the states. The
personal responsibility and work opportunity reconciliation
act of 1996, P.L. 104-193, provides Indian tribes the option
of developing their own tribal plan and tribal child support
enforcement program to receive funds directly from the
federal government for their own Title IV-D program similar
to that of other states. The act also expressly authorizes the
states and Indian tribe or tribal organization to enter into
cooperative agreements to provide for the delivery of child
support enforcement services.
It is the purpose of this chapter to encourage the
department of social and health services, division of child
support, and the Indian tribes within the state’s borders to
enter into cooperative agreements that will assist the state
and tribal governments in carrying out their respective responsibilities. The legislature recognizes that the state and
the tribes each possess resources that are sometimes distinct
to that government. The legislature intends that the state and
the tribes work together to make the most efficient and
productive use of all resources and authorities.
[Title 26 RCW—page 96]
Cooperative agreements will enable the state and the
tribes to better provide child support services to Indian
children and to establish and enforce child support obligations, orders, and judgments. Under cooperative agreements,
the state and the tribes can work as partners to provide
culturally relevant child support services, consistent with
state and federal laws, that are based on tribal laws and
customs. The legislature recognizes that the preferred
method for handling cases where all or some of the parties
are enrolled tribal members living on the tribal reservation
is to develop an agreement so that appropriate cases are
referred to the tribe to be processed in the tribal court. The
legislature recognizes that cooperative agreements serve the
best interests of the children. [1997 c 386 § 60.]
26.25.020 Cooperative agreements—Authorized. (1)
The department of social and health services may enter into
an agreement with an Indian tribe or tribal organization,
which is within the state’s borders and recognized by the
federal government, for joint or cooperative action on child
support services and child support enforcement.
(2) In determining the scope and terms of the agreement, the department and the tribe should consider, among
other factors, whether the tribe has an established tribal court
system with the authority to establish, modify, or enforce
support orders, establish paternity, or enter support orders in
accordance with child support guidelines established by the
tribe. [1997 c 386 § 61.]
26.25.030 Cooperative agreements—Contents. An
agreement established under this section may, but is not
required to, address the following:
(1) Recognizing the state’s and tribe’s authority to
address child support matters with the development of a
process designed to determine how tribal member cases may
be handled;
(2) The authority, procedures, and guidelines for all
aspects of establishing, entering, modifying, and enforcing
child support orders in the tribal court and the state court;
(3) The authority, procedures, and guidelines the
department and tribe will follow for the establishment of
paternity;
(4) The establishment and agreement of culturally
relevant factors that may be considered in child support
enforcement;
(5) The authority, procedures, and guidelines for the
garnishing of wages of tribal members or employees of a
tribe, tribally owned enterprise, or an Indian-owned business
located on the reservation;
(6) The department’s and tribe’s responsibilities to each
other;
(7) The ability for the department and the tribe to
address the fiscal responsibilities between each other;
(8) Requirements for alternative dispute resolution
procedures;
(9) The necessary procedures for notice and the continual sharing of information; and
(10) The duration of the agreement, under what circumstances the parties may terminate the agreement, and the
consequences of breaching the provisions in the agreement.
[1997 c 386 § 62.]
(2002 Ed.)
Cooperative Child Support Services—Indian Tribes
26.25.040 Rules. The department of social and health
services may adopt rules to implement this chapter. [1997
c 386 § 63.]
Chapter 26.26
UNIFORM PARENTAGE ACT
Sections
26.26.011
26.26.021
26.26.031
26.26.041
26.26.051
26.26.065
26.26.101
26.26.106
26.26.111
26.26.116
26.26.130
26.26.132
26.26.134
26.26.138
26.26.140
26.26.145
26.26.150
26.26.160
26.26.165
26.26.190
26.26.210
26.26.220
26.26.230
26.26.240
26.26.250
26.26.260
26.26.270
26.26.300
26.26.305
26.26.310
26.26.315
26.26.320
26.26.325
26.26.330
26.26.335
26.26.340
26.26.345
26.26.350
26.26.355
26.26.360
26.26.365
26.26.370
26.26.375
26.26.400
26.26.405
26.26.410
26.26.415
26.26.420
26.26.425
26.26.430
26.26.435
26.26.440
(2002 Ed.)
Definitions.
Scope of act—Choice of law—Surrogate parentage contracts.
Courts of this state—Authority.
Protection of participants.
Determination of maternity.
Mandatory use of approved forms.
Establishment of parent-child relationship.
No discrimination based on marital status.
Consequences of establishment of parentage.
Presumption of paternity in context of marriage.
Judgment or order determining parent and child relationship—Support judgment and orders—Residential provisions—Custody—Restraining orders—Notice of modification or termination of restraining order.
Support orders—Compliance with RCW 26.23.050.
Support orders—Time limit, exception.
Restraining order—Knowing violation—Penalty—Law enforcement immunity.
Costs.
Proof of certain support and paternity establishment costs.
Enforcement of judgments or orders.
Modification of judgment or order—Continuing jurisdiction.
Health insurance coverage.
Relinquishment of child for adoption—Notice to other parent.
Surrogate parenting—Definitions.
Surrogate parenting—Persons excluded from contracting.
Surrogate parenting—Compensation prohibited.
Surrogate parenting—Contract for compensation void.
Surrogate parenting—Provisions violated—Penalty.
Surrogate parenting—Custody of child.
Parenting plan—Designation of parent for other state and
federal purposes.
Acknowledgment of paternity.
Execution of acknowledgment of paternity.
Denial of paternity.
Rules for acknowledgment and denial of paternity.
Effect of acknowledgment or denial of paternity.
Filing fee for acknowledgment or denial of paternity.
Proceeding for rescission of acknowledgment or denial of
paternity.
Challenge after expiration of time for rescission of acknowledgment or denial of paternity.
Procedure for rescission or challenge of acknowledgment or
denial of paternity.
Ratification barred of unchallenged acknowledgment of
paternity.
Full faith and credit.
Forms for acknowledgment and denial of paternity.
Release of information.
Adoption of rules.
Acknowledgment of paternity—Application of RCW
26.26.300 through 26.26.375—Adjudication.
Judicial proceedings.
Genetic testing—Application of RCW 26.26.405 through
26.26.450.
Order for genetic testing.
Requirements for genetic testing.
Report of genetic testing.
Genetic testing results—Rebuttal.
Costs of genetic testing.
Additional genetic testing.
Genetic testing when specimen not available.
Genetic testing—Deceased individual.
26.25.040
26.26.445
26.26.450
26.26.500
26.26.505
26.26.510
26.26.515
26.26.520
26.26.525
Genetic testing—Identical brothers.
Confidentiality of genetic testing—Penalty.
Proceeding to adjudicate parentage authorized.
Standing to maintain proceeding to adjudicate parentage.
Parties to proceeding to adjudicate parentage.
Proceeding to adjudicate parentage—Personal jurisdiction.
Proceeding to adjudicate parentage—Venue.
Proceeding to adjudicate parentage—No time limitation:
Child having no presumed, acknowledged, or adjudicated father.
26.26.530 Proceeding to adjudicate parentage—Time limitation: Child
having presumed father.
26.26.535 Proceeding to adjudicate parentage—Authority to deny genetic testing.
26.26.540 Proceeding to adjudicate parentage—Time limitation: Child
having acknowledged or adjudicated father.
26.26.545 Joinder of proceedings.
26.26.550 Proceeding to determine parentage—Before birth.
26.26.555 Child as party—Representation.
26.26.570 Proceeding to adjudicate parentage—Admissibility of results
of genetic testing—Expenses.
26.26.575 Proceeding to adjudicate parentage—Consequences of declining genetic testing.
26.26.585 Proceeding to adjudicate parentage—Admission of paternity
authorized.
26.26.590 Proceeding to adjudicate parentage—Temporary order.
26.26.600 Rules for adjudication of paternity.
26.26.605 Proceeding to adjudicate parentage—Jury prohibited.
26.26.610 Proceeding to adjudicate parentage—Hearings—Inspection
of records.
26.26.615 Adjudication of paternity—Order on default.
26.26.620 Dismissal for want of prosecution.
26.26.625 Order adjudicating parentage.
26.26.630 Binding effect of determination of parentage.
26.26.700 Application of RCW 26.26.705 through 26.26.740.
26.26.705 Child of assisted reproduction—Parental status of donor.
26.26.710 Husband’s paternity of child of assisted reproduction.
26.26.715 Consent to assisted reproduction.
26.26.720 Child of assisted reproduction—Limitation on husband’s
dispute of paternity.
26.26.725 Child of assisted reproduction—Effect of dissolution of marriage.
26.26.730 Child of assisted reproduction—Parental status of deceased
spouse.
26.26.735 Child of assisted reproduction—Effect of agreement between
ovum donor and woman who gives birth.
26.26.740 Child of assisted reproduction—Issuance of birth certificate.
26.26.903 Uniformity of application and construction—2002 c 302.
26.26.904 Transitional provision.
26.26.911 Short title—2002 c 302.
26.26.912 Severability—2002 c 302.
26.26.913 Captions, article designations, and article headings not law.
Arrest without warrant in domestic violence cases: RCW 10.31.100.
Child support enforcement: Chapter 26.18 RCW.
Child support registry: Chapter 26.23 RCW.
Domestic violence prevention: Chapter 26.50 RCW.
26.26.011 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Acknowledged father" means a man who has
established a father-child relationship under RCW 26.26.300
through 26.26.375.
(2) "Adjudicated father" means a man who has been
adjudicated by a court of competent jurisdiction to be the
father of a child.
(3) "Alleged father" means a man who alleges himself
to be, or is alleged to be, the genetic father or a possible
genetic father of a child, but whose paternity has not been
determined. The term does not include:
(a) A presumed father;
[Title 26 RCW—page 97]
26.26.011
Title 26 RCW: Domestic Relations
(b) A man whose parental rights have been terminated
or declared not to exist; or
(c) A male donor.
(4) "Assisted reproduction" means a method of causing
pregnancy other than sexual intercourse. The term includes:
(a) Intrauterine insemination;
(b) Donation of eggs;
(c) Donation of embryos;
(d) In vitro fertilization and transfer of embryos; and
(e) Intracytoplasmic sperm injection.
(5) "Child" means an individual of any age whose
parentage may be determined under this chapter.
(6) "Commence" means to file the petition seeking an
adjudication of parentage in a superior court of this state or
to serve a summons and the petition.
(7) "Determination of parentage" means the establishment of the parent-child relationship by the signing of a
valid acknowledgment of paternity under RCW 26.26.300
through 26.26.375 or adjudication by the court.
(8) "Donor" means an individual who produces eggs or
sperm used for assisted reproduction, whether or not for
consideration. The term does not include:
(a) A husband who provides sperm, or a wife who
provides eggs, to be used for assisted reproduction by the
wife; or
(b) A woman who gives birth to a child by means of
assisted reproduction, except as otherwise provided in RCW
26.26.210 through 26.26.260 or 26.26.735.
(9) "Ethnic or racial group" means, for purposes of
genetic testing, a recognized group that an individual
identifies as all or part of his or her ancestry or that is so
identified by other information.
(10) "Genetic testing" means an analysis of genetic
markers only to exclude or identify a man as the father or a
woman as the mother of a child. The term includes an
analysis of one or a combination of the following:
(a) Deoxyribonucleic acid; and
(b) Blood-group antigens, red-cell antigens, humanleukocyte antigens, serum enzymes, serum proteins, or redcell enzymes.
(11) "Man" means a male individual of any age.
(12) "Parent" means an individual who has established
a parent-child relationship under RCW 26.26.101.
(13) "Parent-child relationship" means the legal relationship between a child and a parent of the child. The term
includes the mother-child relationship and the father-child
relationship.
(14) "Paternity index" means the likelihood of paternity
calculated by computing the ratio between:
(a) The likelihood that the tested man is the father,
based on the genetic markers of the tested man, mother, and
child, conditioned on the hypothesis that the tested man is
the father of the child; and
(b) The likelihood that the tested man is not the father,
based on the genetic markers of the tested man, mother, and
child, conditioned on the hypothesis that the tested man is
not the father of the child and that the father is from the
same ethnic or racial group as the tested man.
(15) "Presumed father" means a man who, under RCW
26.26.116, is recognized to be the father of a child until that
status is rebutted or confirmed in a judicial proceeding.
[Title 26 RCW—page 98]
(16) "Probability of paternity" means the measure, for
the ethnic or racial group to which the alleged father
belongs, of the probability that the individual in question is
the father of the child, compared with a random, unrelated
man of the same ethnic or racial group, expressed as a percentage incorporating the paternity index and a prior probability.
(17) "Record" means information that is inscribed on a
tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(18) "Signatory" means an individual who authenticates
a record and is bound by its terms.
(19) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, any territory or insular possession subject to the
jurisdiction of the United States, or an Indian tribe or band,
or Alaskan native village, that is recognized by federal law
or formally acknowledged by state law.
(20) "Support enforcement agency" means a public
official or agency authorized to seek:
(a) Enforcement of support orders or laws relating to the
duty of support;
(b) Establishment or modification of child support;
(c) Determination of parentage; or
(d) Location of child support obligors and their income
and assets. [2002 c 302 § 102.]
26.26.021 Scope of act—Choice of law—Surrogate
parentage contracts. (1) This chapter governs every
determination of parentage in this state.
(2) The court shall apply the law of this state to
adjudicate the parent-child relationship. The applicable law
does not depend on:
(a) The place of birth of the child; or
(b) The past or present residence of the child.
(3) This chapter does not create, enlarge, or diminish
parental rights or duties under other law of this state.
(4) If a birth results under a surrogate parentage contract
that is unenforceable under the law of this state, the parentchild relationship is determined as provided in RCW
26.26.101 through 26.26.116. [2002 c 302 § 103.]
26.26.031 Courts of this state—Authority. The
superior courts of this state are authorized to adjudicate
parentage under this chapter. [2002 c 302 § 104.]
26.26.041 Protection of participants. Proceedings
under this chapter are subject to other law of this state
governing the health, safety, privacy, and liberty of a child
or other individuals that could be jeopardized by disclosure
of identifying information, including the address, telephone
number, place of employment, social security number, and
the child’s day-care facility and school. [2002 c 302 § 105.]
26.26.051 Determination of maternity. The provisions relating to determination of paternity may be applied
to a determination of maternity. [2002 c 302 § 106.]
26.26.065 Mandatory use of approved forms. (1)
Effective January 1, 1992, a party shall not file any pleading
with the clerk of the court in an action commenced under
(2002 Ed.)
Uniform Parentage Act
this chapter unless on forms approved by the administrator
for the courts.
(2) The parties shall comply with requirements for
submission to the court of forms as provided in RCW
26.18.220. [1992 c 229 § 7; 1990 1st ex.s. c 2 § 28.]
Effective dates—Severability—1990 1st ex.s. c 2: See notes
following RCW 26.09.100.
26.26.101 Establishment of parent-child relationship. (1) The mother-child relationship is established
between a child and a woman by:
(a) The woman’s having given birth to the child, except
as otherwise provided in RCW 26.26.210 through 26.26.260;
(b) An adjudication of the woman’s maternity;
(c) Adoption of the child by the woman;
(d) A valid surrogate parentage contract, under which
the mother is an intended parent of the child, as provided in
RCW 26.26.210 through 26.26.260; or
(e) An affidavit and physician’s certificate in a form
prescribed by the department of health wherein the donor of
ovum or surrogate gestation carrier sets forth her intent to be
legally bound as the parent of a child or children born
through alternative reproductive medical technology by filing
the affidavit and physician’s certificate with the registrar of
vital statistics within ten days after the date of the child’s
birth pursuant to RCW 26.26.735.
(2) The father-child relationship is established between
a child and a man by:
(a) An unrebutted presumption of the man’s paternity of
the child under RCW 26.26.116;
(b) The man’s having signed an acknowledgment of
paternity under RCW 26.26.300 through 26.26.375, unless
the acknowledgment has been rescinded or successfully challenged;
(c) An adjudication of the man’s paternity;
(d) Adoption of the child by the man;
(e) The man’s having consented to assisted reproduction
by his wife under RCW 26.26.700 through 26.26.730 that
resulted in the birth of the child; or
(f) A valid surrogate parentage contract, under which the
father is an intended parent of the child, as provided in
RCW 26.26.210 through 26.26.260. [2002 c 302 § 201.]
26.26.106 No discrimination based on marital
status. A child born to parents who are not married to each
other has the same rights under the law as a child born to
parents who are married to each other. [2002 c 302 § 202.]
26.26.111 Consequences of establishment of parentage. Unless parental rights are terminated, the parent-child
relationship established under this chapter applies for all
purposes, except as otherwise provided by other law of this
state. [2002 c 302 § 203.]
26.26.116 Presumption of paternity in context of
marriage. (1) A man is presumed to be the father of a child
if:
(a) He and the mother of the child are married to each
other and the child is born during the marriage;
(b) He and the mother of the child were married to each
other and the child is born within three hundred days after
(2002 Ed.)
26.26.065
the marriage is terminated by death, annulment, dissolution
of marriage, legal separation, or declaration of invalidity;
(c) Before the birth of the child, he and the mother of
the child married each other in apparent compliance with
law, even if the attempted marriage is, or could be, declared
invalid and the child is born during the invalid marriage or
within three hundred days after its termination by death,
annulment, dissolution of marriage, legal separation, or
declaration of invalidity; or
(d) After the birth of the child, he and the mother of the
child have married each other in apparent compliance with
law, whether or not the marriage is, or could be declared
invalid, and he voluntarily asserted his paternity of the child,
and:
(i) The assertion is in a record filed with the state registrar of vital statistics;
(ii) Agreed to be and is named as the child’s father on
the child’s birth certificate; or
(iii) Promised in a record to support the child as his
own.
(2) A presumption of paternity established under this
section may be rebutted only by an adjudication under RCW
26.26.500 through 26.26.630. [2002 c 302 § 204.]
26.26.130 Judgment or order determining parent
and child relationship—Support judgment and orders—
Residential provisions—Custody—Restraining orders—
Notice of modification or termination of restraining
order. (1) The judgment and order of the court determining
the existence or nonexistence of the parent and child relationship shall be determinative for all purposes.
(2) If the judgment and order of the court is at variance
with the child’s birth certificate, the court shall order that an
amended birth certificate be issued.
(3) The judgment and order shall contain other appropriate provisions directed to the appropriate parties to the
proceeding, concerning the duty of current and future
support, the extent of any liability for past support furnished
to the child if that issue is before the court, the furnishing of
bond or other security for the payment of the judgment, or
any other matter in the best interest of the child. The
judgment and order may direct the father to pay the reasonable expenses of the mother’s pregnancy and confinement. The judgment and order may include a continuing
restraining order or injunction. In issuing the order, the
court shall consider the provisions of RCW 9.41.800.
(4) The judgment and order shall contain a provision
that each party must file with the court and the Washington
state child support registry and update as necessary the
information required in the confidential information form required by RCW 26.23.050.
(5) Support judgment and orders shall be for periodic
payments which may vary in amount. The court may limit
the father’s liability for the past support to the child to the
proportion of the expenses already incurred as the court
deems just. The court shall not limit or affect in any manner
the right of nonparties including the state of Washington to
seek reimbursement for support and other services previously
furnished to the child.
(6) After considering all relevant factors, the court shall
order either or both parents to pay an amount determined
[Title 26 RCW—page 99]
26.26.130
Title 26 RCW: Domestic Relations
pursuant to the schedule and standards contained in chapter
26.19 RCW.
(7) On the same basis as provided in chapter 26.09
RCW, the court shall make residential provisions with regard
to minor children of the parties, except that a parenting plan
shall not be required unless requested by a party.
(8) In any dispute between the natural parents of a child
and a person or persons who have (a) commenced adoption
proceedings or who have been granted an order of adoption,
and (b) pursuant to a court order, or placement by the
department of social and health services or by a licensed
agency, have had actual custody of the child for a period of
one year or more before court action is commenced by the
natural parent or parents, the court shall consider the best
welfare and interests of the child, including the child’s need
for situation stability, in determining the matter of custody,
and the parent or person who is more fit shall have the
superior right to custody.
(9) In entering an order under this chapter, the court
may issue any necessary continuing restraining orders,
including the restraint provisions of domestic violence
protection orders under chapter 26.50 RCW or
antiharassment protection orders under chapter 10.14 RCW.
(10) Restraining orders issued under this section
restraining or enjoining the person from molesting or
disturbing another party, from going onto the grounds of or
entering the home, workplace, or school of the other party or
the day care or school of any child, or prohibiting the person
from knowingly coming within, or knowingly remaining
within, a specified distance of a location, shall prominently
bear on the front page of the order the legend: VIOLATION
OF THIS ORDER WITH ACTUAL NOTICE OF ITS
TERMS IS A CRIMINAL OFFENSE UNDER CHAPTER
26.50 RCW AND WILL SUBJECT A VIOLATOR TO
ARREST.
(11) The court shall order that any restraining order
bearing a criminal offense legend, any domestic violence
protection order, or any antiharassment protection order
granted under this section be forwarded by the clerk of the
court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall forthwith
enter the order into any computer-based criminal intelligence
information system available in this state used by law
enforcement agencies to list outstanding warrants. The order
is fully enforceable in any county in the state.
(12) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2001 c 42 § 5; 2000 c 119 § 10; 1997 c 58
§ 947; 1995 c 246 § 31; 1994 sp.s. c 7 § 455. Prior: 1989
c 375 § 23; 1989 c 360 § 18; 1987 c 460 § 56; 1983 1st
ex.s. c 41 § 8; 1975-’76 2nd ex.s. c 42 § 14.]
Effective date—Severability—2001 c 42: See notes following RCW
26.09.020.
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
[Title 26 RCW—page 100]
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1989 c 375: See RCW 26.09.914.
Short title—Section captions—Effective date—Severability—1987
c 460: See RCW 26.09.910 through 26.09.913.
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
26.26.132 Support orders—Compliance with RCW
26.23.050. Every court order or decree establishing a child
support obligation shall be entered in compliance with RCW
26.23.050. [1987 c 435 § 27; 1986 c 138 § 3; 1984 c 260
§ 23.]
Effective date—1987 c 435: See RCW 26.23.900.
Severability—1984 c 260: See RCW 26.18.900.
26.26.134 Support orders—Time limit, exception.
A court may not order payment for support provided or
expenses incurred more than five years prior to the commencement of the action. Any period of time in which the
responsible party has concealed himself or avoided the
jurisdiction of the court under this chapter shall not be
included within the five-year period. [1983 1st ex.s. c 41 §
11.]
Severability—1983 1st ex.s. c 41: See note following RCW
26.09.060.
26.26.138 Restraining order—Knowing violation—
Penalty—Law enforcement immunity. (1) Whenever a
restraining order is issued under this chapter, and the person
to be restrained knows of the order, a violation of the
provisions restricting the person from acts or threats of
violence or of a provision restraining the person from going
onto the grounds of or entering the residence, workplace,
school, or day care of another, or prohibiting the person
from knowingly coming within, or knowingly remaining
within, a specified distance of a location, is punishable under
RCW 26.50.110.
(2) A person is deemed to have notice of a restraining
order if:
(a) The person to be restrained or the person’s attorney
signed the order;
(b) The order recites that the person to be restrained or
the person’s attorney appeared in person before the court;
(c) The order was served upon the person to be restrained; or
(d) The peace officer gives the person oral or written
evidence of the order by reading from it or handing to the
person a certified copy of the original order, certified to be
an accurate copy of the original by a notary public or by the
clerk of the court.
(3) A peace officer shall verify the existence of a
restraining order by:
(a) Obtaining information confirming the existence and
terms of the order from a law enforcement agency; or
(2002 Ed.)
Uniform Parentage Act
(b) Obtaining a certified copy of the order, certified to
be an accurate copy of the original by a notary public or by
the clerk of the court.
(4) A peace officer shall arrest and take into custody,
pending release on bail, personal recognizance, or court
order, a person without a warrant when the officer has
probable cause to believe that:
(a) A restraining order has been issued under this
chapter;
(b) The respondent or person to be restrained knows of
the order; and
(c) The person to be arrested has violated the terms of
the order restraining the person from acts or threats of
violence or restraining the person from going onto the
grounds of or entering the residence, workplace, school, or
day care of another, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified
distance of a location.
(5) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law
or court rule.
(6) No peace officer may be held criminally or civilly
liable for making an arrest under subsection (4) of this
section if the officer acts in good faith and without malice.
[2000 c 119 § 23; 1999 c 184 § 12; 1996 c 248 § 11; 1995
c 246 § 33.]
Application—2000 c 119: See note following RCW 26.50.021.
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: See note following RCW 26.50.010.
26.26.140 Costs. The court may order reasonable fees
of experts and the child’s guardian ad litem, and other costs
of the action, including blood or genetic test costs, to be paid
by the parties in proportions and at times determined by the
court. The court may order that all or a portion of a party’s
reasonable attorney’s fees be paid by another party, except
that an award of attorney’s fees assessed against the state or
any of its agencies or representatives shall be under RCW
4.84.185. [1994 c 146 § 4; 1984 c 260 § 35; 1975-’76 2nd
ex.s. c 42 § 15.]
Severability—1984 c 260: See RCW 26.18.900.
26.26.145 Proof of certain support and paternity
establishment costs. In all actions brought under this
chapter, bills for pregnancy, childbirth, and genetic testing
shall:
(1) Be admissible as evidence without requiring thirdparty foundation testimony; and
(2) Constitute prima facie evidence of amounts incurred
for such services or for testing on behalf of the child. [1997
c 58 § 939.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
26.26.150 Enforcement of judgments or orders. (1)
If existence of the father and child relationship is declared,
or paternity or a duty of support has been acknowledged or
adjudicated under this chapter or under prior law, the
(2002 Ed.)
26.26.138
obligation of the father may be enforced in the same or other
proceedings by the mother, the child, the state of Washington, the public authority that has furnished or may furnish
the reasonable expenses of pregnancy, confinement, education, support, or funeral, or by any other person, including a
private agency, to the extent he has furnished or is furnishing these expenses.
(2) The court shall order support payments to be made
to the Washington state support registry, or the person
entitled to receive the payments under an alternate arrangement approved by the court as provided in RCW
26.23.050(2).
(3) All remedies for the enforcement of judgments
apply. [1994 c 230 § 16; 1987 c 435 § 28; 1975-’76 2nd
ex.s. c 42 § 16.]
Effective date—1987 c 435: See RCW 26.23.900.
26.26.160 Modification of judgment or order—
Continuing jurisdiction. (1) Except as provided in subsection (2) of this section the court has continuing jurisdiction
to prospectively modify a judgment and order for future
education and future support, and with respect to matters
listed in RCW 26.26.130 (3) and (5), and RCW 26.26.150(2)
upon showing a substantial change of circumstances. The
procedures set forth in RCW 26.09.175 shall be used in
modification proceedings under this section.
(2) A judgment or order entered under this chapter may
be modified without a showing of substantial change of
circumstances upon the same grounds as RCW 26.09.170
permits support orders to be modified without a showing of
a substantial change of circumstance.
(3) The court may modify a parenting plan or residential
provisions adopted pursuant to RCW 26.26.130(7) in
accordance with the provisions of chapter 26.09 RCW.
(4) The court shall hear and review petitions for
modifications of a parenting plan, custody order, visitation
order, or other order governing the residence of a child, and
conduct any proceedings concerning a relocation of the residence where the child resides a majority of the time,
pursuant to chapter 26.09 RCW. [2000 c 21 § 20; 1992 c
229 § 8; 1989 c 360 § 36; 1975-’76 2nd ex.s. c 42 § 17.]
Applicability—2000 c 21: See RCW 26.09.405.
Intent—Captions not law—2000 c 21: See notes following RCW
26.09.405.
26.26.165 Health insurance coverage. (1) In entering
or modifying a support order under this chapter, the court
shall require either or both parents to maintain or provide
health insurance coverage for any dependent child as
provided under RCW 26.09.105.
(2) This section shall not be construed to limit the
authority of the court to enter or modify support orders
containing provisions for payment of uninsured health
expenses, health costs, or insurance premiums which are in
addition to and not inconsistent with this section. "Health
insurance coverage" as used in this section does not include
medical assistance provided under chapter 74.09 RCW.
(3) A parent ordered to provide health insurance
coverage shall provide proof of such coverage or proof that
such coverage is unavailable within twenty days of the entry
of the order to:
[Title 26 RCW—page 101]
26.26.165
Title 26 RCW: Domestic Relations
(a) The physical custodian; or
(b) The department of social and health services if the
parent has been notified or ordered to make support payments to the Washington state support registry.
(4) Every order requiring a parent to provide health
insurance coverage shall be entered in compliance with
*RCW 26.23.050 and be subject to direct enforcement as
provided under chapter 26.18 RCW. [1994 c 230 § 17; 1989
c 416 § 4.]
unenforceable in the state of Washington as contrary to
public policy. [1989 c 404 § 4.]
*Reviser’s note: The reference to RCW 26.23.050 appears to refer
to the amendments made by 1989 c 416 § 8, which was vetoed by the
governor.
26.26.260 Surrogate parenting—Custody of child.
If a child is born to a surrogate mother pursuant to a
surrogate parentage contract, and there is a dispute between
the parties concerning custody of the child, the party having
physical custody of the child may retain physical custody of
the child until the superior court orders otherwise. The
superior court shall award legal custody of the child based
upon the factors listed in RCW 26.09.187(3) and 26.09.191.
[1989 c 404 § 6.]
26.26.190 Relinquishment of child for adoption—
Notice to other parent. If a parent relinquishes or proposes
to relinquish for adoption a child, the other parent shall be
given notice of the adoption proceeding and have the rights
provided under the provisions of chapter 26.33 RCW. [1985
c 7 § 87; 1975-’76 2nd ex.s. c 42 § 20.]
26.26.210 Surrogate parenting—Definitions. As
used in RCW 26.26.210 through 26.26.260:
(1) "Compensation" means a payment of money,
objects, services, or anything else having monetary value
except payment of expenses incurred as a result of the pregnancy and the actual medical expenses of a surrogate
mother, and the payment of reasonable attorney fees for the
drafting of a surrogate parentage contract.
(2) "Surrogate gestation" means the implantation in a
female of an embryo not genetically related to that female
and subsequent gestation of a child by that female.
(3) "Surrogate mother" means a female, who is not
married to the contributor of the sperm, and who is naturally
or artificially inseminated and who subsequently gestates a
child conceived through the insemination pursuant to a
surrogate parentage contract.
(4) "Surrogate parentage contract" means a contract,
agreement, or arrangement in which a female, not married to
the contributor of the sperm, agrees to conceive a child
through natural or artificial insemination or in which a
female agrees to surrogate gestation, and to voluntarily
relinquish her parental rights to the child. [1989 c 404 § 1.]
26.26.220 Surrogate parenting—Persons excluded
from contracting. A person shall not enter into, induce,
arrange, procure, or otherwise assist in the formation of a
surrogate parentage contract under which an unemancipated
minor female or a female diagnosed as being mentally
retarded or as having a mental illness or developmental
disability is the surrogate mother. [1989 c 404 § 2.]
26.26.230 Surrogate parenting—Compensation
prohibited. No person, organization, or agency shall enter
into, induce, arrange, procure, or otherwise assist in the
formation of a surrogate parentage contract, written or
unwritten, for compensation. [1989 c 404 § 3.]
26.26.240 Surrogate parenting—Contract for
compensation void. A surrogate parentage contract entered
into for compensation, whether executed in the state of
Washington or in another jurisdiction, shall be void and
[Title 26 RCW—page 102]
26.26.250 Surrogate parenting—Provisions violated—Penalty. Any person, organization, or agency who
intentionally violates any provision of RCW 26.26.210
through 26.26.260 shall be guilty of a gross misdemeanor.
[1989 c 404 § 5.]
26.26.270 Parenting plan—Designation of parent
for other state and federal purposes. Solely for the
purposes of all other state and federal statutes which require
a designation or determination of custody, a parenting plan
shall designate the parent with whom the child is scheduled
to reside a majority of the time as the custodian of the child.
However, this designation shall not affect either parent’s
rights and responsibilities under the parenting plan. In the
absence of such a designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of
such federal and state statutes. [1989 c 375 § 25.]
Severability—1989 c 375: See RCW 26.09.914.
26.26.300 Acknowledgment of paternity. The
mother of a child and a man claiming to be the father of the
child conceived as the result of his sexual intercourse with
the mother may sign an acknowledgment of paternity with
intent to establish the man’s paternity. [2002 c 302 § 301.]
26.26.305 Execution of acknowledgment of paternity. (1) An acknowledgment of paternity must:
(a) Be in a record;
(b) Be signed under penalty of perjury by the mother
and by the man seeking to establish his paternity;
(c) State that the child whose paternity is being acknowledged:
(i) Does not have a presumed father, or has a presumed
father whose full name is stated; and
(ii) Does not have another acknowledged or adjudicated
father;
(d) State whether there has been genetic testing and, if
so, that the acknowledging man’s claim of paternity is
consistent with the results of the testing; and
(e) State that the signatories understand that the acknowledgment is the equivalent of a judicial adjudication of
paternity of the child and that a challenge to the acknowledgment is permitted only under limited circumstances and
is barred after two years.
(2) An acknowledgment of paternity is void if it:
(2002 Ed.)
Uniform Parentage Act
26.26.305
(a) States that another man is a presumed father, unless
a denial of paternity signed by the presumed father is filed
with the state registrar of vital statistics;
(b) States that another man is an acknowledged or
adjudicated father; or
(c) Falsely denies the existence of a presumed, acknowledged, or adjudicated father of the child.
(3) A presumed father may sign an acknowledgment of
paternity. [2002 c 302 § 302.]
acknowledgment or denial of paternity by commencing a
court proceeding to rescind before the earlier of:
(1) Sixty days after the effective date of the filing of the
acknowledgment or denial, as provided in RCW 26.26.315;
or
(2) The date of the first hearing in a proceeding to
which the signatory is a party before a court to adjudicate an
issue relating to the child, including a proceeding that
establishes support. [2002 c 302 § 307.]
26.26.310 Denial of paternity. A presumed father of
a child may sign a denial of his paternity. The denial is
valid only if:
(1) An acknowledgment of paternity signed by another
man is filed under RCW 26.26.320;
(2) The denial is in a record, and signed under penalty
of perjury; and
(3) The presumed father has not previously:
(a) Acknowledged his paternity, unless the previous
acknowledgment has been rescinded under RCW 26.26.330
or successfully challenged under RCW 26.26.335; or
(b) Been adjudicated to be the father of the child. [2002
c 302 § 303.]
26.26.335 Challenge after expiration of time for
rescission of acknowledgment or denial of paternity. (1)
After the period for rescission under RCW 26.26.330 has
elapsed, a signatory of an acknowledgment or denial of
paternity may commence a proceeding to challenge the
acknowledgment or denial only:
(a) On the basis of fraud, duress, or material mistake of
fact; and
(b) Within two years after the acknowledgment or denial
is filed with the state registrar of vital statistics.
(2) A party challenging an acknowledgment or denial of
paternity has the burden of proof. [2002 c 302 § 308.]
26.26.315 Rules for acknowledgment and denial of
paternity. (1) An acknowledgment of paternity and a denial
of paternity may be contained in a single document or may
be signed in counterparts, and may be filed separately or
simultaneously.
(2) An acknowledgment of paternity or a denial of
paternity may be signed before the birth of the child.
(3) An acknowledgment and denial of paternity, if any,
take effect on the birth of the child or the filing of the
document with the state registrar of vital statistics, whichever
occurs later.
(4) An acknowledgment or denial of paternity signed by
a minor is valid if otherwise in compliance with this chapter.
[2002 c 302 § 304.]
26.26.320 Effect of acknowledgment or denial of
paternity. (1) Except as otherwise provided in RCW
26.26.330 and 26.26.335, a valid acknowledgment of
paternity filed with the state registrar of vital statistics is
equivalent to an adjudication of paternity of a child and
confers upon the acknowledged father all the rights and
duties of a parent.
(2) Except as otherwise provided in RCW 26.26.330 and
26.26.335, a valid denial of paternity filed with the state
registrar of vital statistics in conjunction with a valid
acknowledgment of paternity is equivalent to an adjudication
of the nonpaternity of the presumed father and discharges the
presumed father from all of the rights and duties of a parent.
[2002 c 302 § 305.]
26.26.325 Filing fee for acknowledgment or denial
of paternity. The state registrar of vital statistics may
charge a fee for filing an acknowledgment or denial of
paternity. [2002 c 302 § 306.]
26.26.330 Proceeding for rescission of acknowledgment or denial of paternity. A signatory may rescind an
(2002 Ed.)
26.26.340 Procedure for rescission or challenge of
acknowledgment or denial of paternity. (1) Every
signatory to an acknowledgment or denial of paternity must
be made a party to a proceeding to rescind or challenge the
acknowledgment or denial.
(2) For the purpose of rescission of, or challenge to, an
acknowledgment or denial of paternity, a signatory submits
to personal jurisdiction of this state by signing the acknowledgment or denial, effective upon the filing of the document
with the state registrar of vital statistics.
(3) Except for good cause shown, during the pendency
of a proceeding to rescind or challenge an acknowledgment
or denial of paternity, the court may not suspend the legal
responsibilities of a signatory arising from an acknowledgment, including the duty to pay child support.
(4) A proceeding to rescind or to challenge an acknowledgment or denial of paternity must be conducted in the
same manner as a proceeding to adjudicate parentage under
RCW 26.26.500 through 26.26.630.
(5) At the conclusion of a proceeding to rescind or
challenge an acknowledgment or denial of paternity, the
court shall order the state registrar of vital statistics to amend
the birth record of the child, if appropriate. [2002 c 302 §
309.]
26.26.345 Ratification barred of unchallenged
acknowledgment of paternity. A court or administrative
agency conducting a judicial or administrative proceeding is
not required or permitted to ratify an unchallenged acknowledgment of paternity. [2002 c 302 § 310.]
26.26.350 Full faith and credit. A court of this state
shall give full faith and credit to an acknowledgment or
denial of paternity effective in another state if the acknowledgment or denial has been signed and is otherwise in
compliance with the law of the other state. [2002 c 302 §
311.]
[Title 26 RCW—page 103]
26.26.355
Title 26 RCW: Domestic Relations
26.26.355 Forms for acknowledgment and denial of
paternity. (1) To facilitate compliance with RCW
26.26.300 through 26.26.350, the state registrar of vital statistics shall prescribe forms for the acknowledgment and the
denial of paternity. The acknowledgment of paternity shall
state, in prominent lettering, that signing the acknowledgment of paternity is equivalent to an adjudication of paternity
and confers upon the acknowledged father all the rights and
duties of a parent, such as the payment of child support, if
the acknowledgment is not challenged or rescinded as
prescribed under RCW 26.26.310 through 26.26.340. The
form shall include copies of the provisions in RCW
26.26.310 through 26.26.340.
(2) A valid acknowledgment or denial of paternity is not
affected by a later modification of the prescribed form.
[2002 c 302 § 312.]
26.26.360 Release of information. The state registrar
of vital statistics may release information relating to the
acknowledgment or denial of paternity, not expressly sealed
under a court order, to: (1) A signatory of the acknowledgment or denial or their attorneys of record; (2) the courts of
this or any other state; (3) the agencies of this or any other
state operating a child support program under Title IV-D of
the social security act; or (4) the agencies of this or any
other state involved in a dependency determination for a
child named in the acknowledgment or denial of paternity.
[2002 c 302 § 313.]
26.26.365 Adoption of rules. The state registrar of
vital statistics may adopt rules to implement RCW 26.26.300
through 26.26.375. [2002 c 302 § 314.]
26.26.370 Acknowledgment of paternity—
Application of RCW 26.26.300 through 26.26.375—
Adjudication. (1) RCW 26.26.300 through 26.26.375 apply
to all acknowledgments of paternity executed on or after July
1, 1997.
(2) A man who executed an acknowledgment of
paternity before July 1, 1997, is rebuttably identified as the
father of the child named therein. Any dispute of the
parentage, custody, visitation, or support of the child named
therein shall be determined in a proceeding to adjudicate the
child’s parentage commenced under RCW 26.26.500 through
26.26.630. [2002 c 302 § 315.]
26.26.375 Judicial proceedings. (1) After the period
for rescission of an acknowledgment of paternity provided in
RCW 26.26.330 has passed, a parent executing an acknowledgment of paternity of the child named therein may
commence a judicial proceeding for:
(a) Making residential provisions or a parenting plan
with regard to the minor child on the same basis as provided
in chapter 26.09 RCW; or
(b) Establishing a child support obligation under chapter
26.19 RCW and maintaining health insurance coverage under
RCW 26.09.105.
(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and
support of...."
[Title 26 RCW—page 104]
(3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under RCW
26.26.335, the petitioner must specifically allege under
penalty of perjury, to the best of the petitioner’s knowledge,
that: (a) No man other than the man who executed the
acknowledgment of paternity is the father of the child; (b)
there is not currently pending a proceeding to adjudicate the
parentage of the child or that another man is adjudicated the
child’s father; and (c) the petitioner has provided notice of
the proceeding to any other men who have claimed parentage of the child. Should the respondent or any other person
appearing in the action deny the allegations, a permanent
parenting plan or residential schedule may not be entered for
the child without the matter being converted to a proceeding
to challenge the acknowledgment of paternity under RCW
26.26.335 and 26.26.340. A copy of the acknowledgment of
paternity must be filed with the petition or response. The
court may convert the matter to a proceeding to challenge
the acknowledgment on its own motion. [2002 c 302 §
316.]
26.26.400 Genetic testing—Application of RCW
26.26.405 through 26.26.450. RCW 26.26.405 through
26.26.450 govern genetic testing of an individual only to
determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a
support enforcement agency. [2002 c 302 § 401.]
26.26.405 Order for genetic testing. (1) Except as
otherwise provided in this section and RCW 26.26.410
through 26.26.630, the court shall order the child and other
designated individuals to submit to genetic testing if the
request for testing is supported by the sworn statement of a
party to the proceeding:
(a) Alleging paternity and stating facts establishing a
reasonable probability of the requisite sexual contact between
the individuals; or
(b) Denying paternity and stating facts establishing a
possibility that sexual contact between the individuals, if
any, did not result in the conception of the child.
(2) A support enforcement agency may order genetic
testing only if there is no presumed, acknowledged, or
adjudicated father.
(3) If a request for genetic testing of a child is made
before birth, the court or support enforcement agency may
not order in utero testing.
(4) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or
sequentially. [2002 c 302 § 402.]
26.26.410 Requirements for genetic testing. (1)
Genetic testing must be of a type reasonably relied upon by
experts in the field of genetic testing and performed in a
testing laboratory accredited by:
(a) The American association of blood banks, or a
successor to its functions;
(b) The American society for histocompatibility and
immunogenetics, or a successor to its functions; or
(c) An accrediting body designated by the United States
secretary of health and human services.
(2002 Ed.)
Uniform Parentage Act
(2) A specimen used in genetic testing may consist of
one or more samples or a combination of samples of blood,
buccal cells, bone, hair, or other body tissue or fluid. The
specimen used in the testing need not be of the same kind
for each individual undergoing genetic testing.
(3) Based on the ethnic or racial group of an individual,
the testing laboratory shall determine the data bases from
which to select frequencies for use in the calculations. If
there is disagreement as to the testing laboratory’s choice,
the following rules apply:
(a) The individual objecting may require the testing
laboratory, within thirty days after receipt of the report of
the test, to recalculate the probability of paternity using an
ethnic or racial group different from that used by the
laboratory.
(b) The individual objecting to the testing laboratory’s
initial choice shall:
(i) If the frequencies are not available to the testing
laboratory for the ethnic or racial group requested, provide
the requested frequencies compiled in a manner recognized
by accrediting bodies; or
(ii) Engage another testing laboratory to perform the
calculations.
(c) The testing laboratory may use its own statistical
estimate if there is a question regarding which ethnic or
racial group is appropriate. If available, the testing laboratory shall calculate the frequencies using statistics for any
other ethnic or racial group requested.
(4) If, after recalculation using a different ethnic or
racial group, genetic testing does not rebuttably identify a
man as the father of a child under RCW 26.26.420, an
individual who has been tested may be required to submit to
additional genetic testing. [2002 c 302 § 403.]
26.26.415 Report of genetic testing. (1) The report
of genetic testing must be in a record and signed under
penalty of perjury by a designee of the testing laboratory.
A report made under the requirements of this section is selfauthenticating.
(2) Documentation from the testing laboratory of the
following information is sufficient to establish a reliable
chain of custody that allows the results of genetic testing to
be admissible without testimony:
(a) The names and photographs of the individuals whose
specimens have been taken;
(b) The names of the individuals who collected the
specimens;
(c) The places and dates the specimens were collected;
(d) The names of the individuals who received the
specimens in the testing laboratory; and
(e) The dates the specimens were received. [2002 c 302
§ 404.]
26.26.420 Genetic testing results—Rebuttal. (1)
Under this chapter, a man is rebuttably identified as the
father of a child if the genetic testing complies with this
section and RCW 26.26.400 through 26.26.415 and
26.26.425 through 26.26.450 and the results disclose that:
(a) The man has at least a ninety-nine percent probability of paternity, using a prior probability of 0.50, as calculat-
(2002 Ed.)
26.26.410
ed by using the combined paternity index obtained in the
testing; and
(b) A combined paternity index of at least one hundred
to one.
(2) A man identified under subsection (1) of this section
as the father of the child may rebut the genetic testing results
only by other genetic testing satisfying the requirements of
this section and RCW 26.26.400 through 26.26.415 and
26.26.425 through 26.26.450 which:
(a) Excludes the man as a genetic father of the child; or
(b) Identifies another man as the father of the child.
(3) Except as otherwise provided in RCW 26.26.445, if
more than one man is identified by genetic testing as the
possible father of the child, the court shall order them to
submit to further genetic testing to identify the genetic
father. [2002 c 302 § 405.]
26.26.425 Costs of genetic testing. (1) Subject to
assessment of costs under RCW 26.26.500 through
26.26.630, the cost of initial genetic testing must be advanced:
(a) By a support enforcement agency in a proceeding in
which the support enforcement agency is providing services;
(b) By the individual who made the request;
(c) As agreed by the parties; or
(d) As ordered by the court.
(2) In cases in which the cost is advanced by the
support enforcement agency, the agency may seek reimbursement from a man who is rebuttably identified as the father. [2002 c 302 § 406.]
26.26.430 Additional genetic testing. The court or
the support enforcement agency shall order additional genetic
testing upon the request of a party who contests the result of
the original testing. If the previous genetic testing identified
a man as the father of the child under RCW 26.26.420, the
court or agency may not order additional testing unless the
party provides advance payment for the testing. [2002 c 302
§ 407.]
26.26.435 Genetic testing when specimen not
available. (1) If a genetic testing specimen is not available
from a man who may be the father of a child, for good
cause and under circumstances the court considers to be just,
a court may order the following individuals to submit
specimens for genetic testing:
(a) The parents of the man;
(b) Brothers and sisters of the man;
(c) Other children of the man and their mothers; and
(d) Other relatives of the man necessary to complete
genetic testing.
(2) If a specimen from the mother of a child is not
available for genetic testing, the court may order genetic
testing to proceed without a specimen from the mother.
(3) Issuance of an order under this section requires a
finding that a need for genetic testing outweighs the legitimate interests of the individual sought to be tested. [2002
c 302 § 408.]
[Title 26 RCW—page 105]
26.26.440
Title 26 RCW: Domestic Relations
26.26.440 Genetic testing—Deceased individual. For
good cause shown, the court may order genetic testing of a
deceased individual. [2002 c 302 § 409.]
(3) An intended parent under a surrogate parentage
contract, as provided in RCW 26.26.210 through 26.26.260.
[2002 c 302 § 503.]
26.26.445 Genetic testing—Identical brothers. (1)
The court may order genetic testing of a brother of a man
identified as the father of a child if the man is commonly
believed to have an identical brother and evidence suggests
that the brother may be the genetic father of the child.
(2) If genetic testing excludes none of the brothers as
the genetic father, and each brother satisfies the requirements
as the identified father of the child under RCW 26.26.420
without consideration of another identical brother being
identified as the father of the child, the court may rely on
nongenetic evidence to adjudicate which brother is the father
of the child. [2002 c 302 § 410.]
26.26.515 Proceeding to adjudicate parentage—
Personal jurisdiction. (1) An individual may not be
adjudicated to be a parent unless the court has personal jurisdiction over the individual.
(2) A court of this state having jurisdiction to adjudicate
parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the
individual, if the conditions prescribed in RCW 26.21.075
are fulfilled.
(3) Lack of jurisdiction over one individual does not
preclude the court from making an adjudication of parentage
binding on another individual over whom the court has
personal jurisdiction. [2002 c 302 § 504.]
26.26.450 Confidentiality of genetic testing—
Penalty. (1) Release of the report of genetic testing for
parentage is controlled by chapter 70.02 RCW.
(2) An individual commits a gross misdemeanor
punishable under RCW 9.92.020 if the individual intentionally releases an identifiable specimen of another individual for
any purpose other than that relevant to the proceeding
regarding parentage without a court order or the written
permission of the individual who furnished the specimen.
[2002 c 302 § 411.]
26.26.520 Proceeding to adjudicate parentage—
Venue. Venue for a proceeding to adjudicate parentage is
in the county of this state in which:
(1) The child resides or is found;
(2) The respondent resides or is found if the child does
not reside in this state; or
(3) A proceeding for probate of the presumed or alleged
father’s estate has been commenced. [2002 c 302 § 505.]
26.26.500 Proceeding to adjudicate parentage
authorized. A civil proceeding may be maintained to
adjudicate the parentage of a child. The proceeding is
governed by the rules of civil procedure. [2002 c 302 §
501.]
26.26.505 Standing to maintain proceeding to
adjudicate parentage. Subject to RCW 26.26.300 through
26.26.375, 26.26.530, and 26.26.540, a proceeding to adjudicate parentage may be maintained by:
(1) The child;
(2) The mother of the child;
(3) A man whose paternity of the child is to be adjudicated;
(4) The division of child support;
(5) An authorized adoption agency or licensed childplacing agency;
(6) A representative authorized by law to act for an
individual who would otherwise be entitled to maintain a
proceeding but who is deceased, incapacitated, or a minor;
or
(7) An intended parent under a surrogate parentage
contract, as provided in RCW 26.26.210 through 26.26.260.
[2002 c 302 § 502.]
26.26.510 Parties to proceeding to adjudicate
parentage. The following individuals must be joined as
parties in a proceeding to adjudicate parentage:
(1) The mother of the child;
(2) A man whose paternity of the child is to be adjudicated; and
[Title 26 RCW—page 106]
26.26.525 Proceeding to adjudicate parentage—No
time limitation: Child having no presumed, acknowledged, or adjudicated father. A proceeding to adjudicate
the parentage of a child having no presumed, acknowledged,
or adjudicated father may be commenced at any time during
the life of the child, even after:
(1) The child becomes an adult; or
(2) An earlier proceeding to adjudicate paternity has
been dismissed based on the application of a statute of
limitation then in effect. [2002 c 302 § 506.]
26.26.530 Proceeding to adjudicate parentage—
Time limitation: Child having presumed father. (1)
Except as otherwise provided in subsection (2) of this
section, a proceeding brought by a presumed father, the
mother, or another individual to adjudicate the parentage of
a child having a presumed father must be commenced not
later than two years after the birth of the child.
(2) A proceeding seeking to disprove the father-child
relationship between a child and the child’s presumed father
may be maintained at any time if the court determines that:
(a) The presumed father and the mother of the child
neither cohabited nor engaged in sexual intercourse with
each other during the probable time of conception; and
(b) The presumed father never openly treated the child
as his own. [2002 c 302 § 507.]
26.26.535 Proceeding to adjudicate parentage—
Authority to deny genetic testing. (1) In a proceeding to
adjudicate parentage under circumstances described in RCW
26.26.530, a court may deny genetic testing of the mother,
the child, and the presumed father if the court determines
that:
(2002 Ed.)
Uniform Parentage Act
(a) The conduct of the mother or the presumed father
estops that party from denying parentage; and
(b) It would be inequitable to disprove the father-child
relationship between the child and the presumed father.
(2) In determining whether to deny genetic testing under
this section, the court shall consider the best interest of the
child, including the following factors:
(a) The length of time between the proceeding to
adjudicate parentage and the time that the presumed father
was placed on notice that he might not be the genetic father;
(b) The length of time during which the presumed father
has assumed the role of father of the child;
(c) The facts surrounding the presumed father’s discovery of his possible nonpaternity;
(d) The nature of the father-child relationship;
(e) The age of the child;
(f) The harm to the child which may result if presumed
paternity is successfully disproved;
(g) The relationship of the child to any alleged father;
(h) The extent to which the passage of time reduces the
chances of establishing the paternity of another man and a
child support obligation in favor of the child; and
(i) Other factors that may affect the equities arising
from the disruption of the father-child relationship between
the child and the presumed father or the chance of other
harm to the child.
(3) In a proceeding involving the application of this
section, the child must be represented by a guardian ad
litem.
(4) A denial of genetic testing must be based on clear
and convincing evidence.
(5) If the court denies genetic testing, it shall issue an
order adjudicating the presumed father to be the father of the
child. [2002 c 302 § 508.]
26.26.540 Proceeding to adjudicate parentage—
Time limitation: Child having acknowledged or adjudicated father. (1) If a child has an acknowledged father,
a signatory to the acknowledgment or denial of paternity
must commence any proceeding seeking to rescind or challenge the paternity of that child only within the time allowed
under RCW 26.26.330 or 26.26.335.
(2) If a child has an acknowledged father or an adjudicated father, an individual, other than the child, who is
neither a signatory to the acknowledgment nor a party to the
adjudication and who seeks an adjudication of paternity of
the child must commence a proceeding not later than two
years after the effective date of the acknowledgment or
adjudication. [2002 c 302 § 509.]
26.26.545 Joinder of proceedings. (1) Except as
provided in subsection (2) of this section, a proceeding to
adjudicate parentage may be joined with a proceeding for:
Adoption or termination of parental rights under chapter
26.33 RCW; determination of a parenting plan, child support,
annulment, dissolution of marriage, or legal separation under
chapter 26.09 or 26.19 RCW; or probate or administration of
an estate under chapter 11.48 or 11.54 RCW, or other appropriate proceeding.
(2) A respondent may not join the proceedings described
in subsection (1) of this section with a proceeding to
(2002 Ed.)
26.26.535
adjudicate parentage brought under chapter 26.21 RCW.
[2002 c 302 § 510.]
26.26.550 Proceeding to determine parentage—
Before birth. Although a proceeding to determine parentage
may be commenced before the birth of the child, the proceeding may not be concluded until after the birth of the
child. The following actions may be taken before the birth
of the child:
(1) Service of process;
(2) Discovery;
(3) Except as prohibited by RCW 26.26.405, collection
of specimens for genetic testing; and
(4) Temporary orders authorized under RCW 26.26.590.
[2002 c 302 § 511.]
26.26.555 Child as party—Representation. (1) A
minor child is a permissible party, but is not a necessary
party to a proceeding under RCW 26.26.500 through
26.26.630.
(2) If the child is a party, or if the court finds that the
interests of a minor child or incapacitated child are not
adequately represented, the court shall appoint a guardian ad
litem to represent the child, subject to RCW 74.20.310
neither the child’s mother or father may represent the child
as guardian or otherwise. [2002 c 302 § 512.]
26.26.570 Proceeding to adjudicate parentage—
Admissibility of results of genetic testing—Expenses. (1)
Except as otherwise provided in subsection (3) of this
section, a record of a genetic testing expert is admissible as
evidence of the truth of the facts asserted in the report unless
a party objects to its admission within fourteen days after its
receipt by the objecting party and cites specific grounds for
exclusion. The admissibility of the report is not affected by
whether the testing was performed:
(a) Voluntarily or under an order of the court or a
support enforcement agency; or
(b) Before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing
may call one or more genetic testing experts to testify in
person or by telephone, videoconference, deposition, or
another method approved by the court. Unless otherwise
ordered by the court, the party offering the testimony bears
the expense for the expert testifying.
(3) If a child has a presumed, acknowledged, or adjudicated father, the results of genetic testing are inadmissible to
adjudicate parentage unless performed:
(a) With the consent of both the mother and the presumed, acknowledged, or adjudicated father; or
(b) Under an order of the court under RCW 26.26.405.
(4) Copies of bills for genetic testing and for prenatal
and postnatal health care for the mother and child that are
furnished to the adverse party not less than ten days before
the date of a hearing are admissible to establish:
(a) The amount of the charges billed; and
(b) That the charges were reasonable, necessary, and
customary. [2002 c 302 § 521.]
[Title 26 RCW—page 107]
26.26.575
Title 26 RCW: Domestic Relations
26.26.575 Proceeding to adjudicate parentage—
Consequences of declining genetic testing. (1) An order
for genetic testing is enforceable by contempt.
(2) If an individual whose paternity is being determined
declines to submit to genetic testing as ordered by the court,
the court may on that basis adjudicate parentage contrary to
the position of that individual.
(3) Genetic testing of the mother of a child is not a
condition precedent to testing the child and a man whose
paternity is being determined. If the mother is unavailable
or declines to submit to genetic testing, the court may order
the testing of the child and every man whose paternity is
being adjudicated. [2002 c 302 § 522.]
26.26.585 Proceeding to adjudicate parentage—
Admission of paternity authorized. (1) A respondent in a
proceeding to adjudicate parentage may admit to the paternity of a child by filing a pleading to that effect or by admitting paternity under penalty of perjury when making an
appearance or during a hearing.
(2) If the court finds that the admission of paternity was
made under this section and finds that there is no reason to
question the admission, the court shall issue an order
adjudicating the child to be the child of the man admitting
paternity. [2002 c 302 § 523.]
26.26.590 Proceeding to adjudicate parentage—
Temporary order. This section applies to any proceeding
under RCW 26.26.500 through 26.26.630.
(1) The court shall issue a temporary order for support
of a child if the individual ordered to pay support:
(a) Is a presumed father of the child;
(b) Is petitioning to have his paternity adjudicated or has
admitted paternity in pleadings filed with the court;
(c) Is identified as the father through genetic testing
under RCW 26.26.420;
(d) Has declined to submit to genetic testing but is
shown by clear and convincing evidence to be the father of
the child; or
(e) Is the mother of the child.
(2) A temporary order may, on the same basis as
provided in chapter 26.09 RCW, make residential provisions
with regard to minor children of the parties, except that a
parenting plan is not required unless requested by a parent.
(3) Any party may request the court to issue a temporary restraining order or preliminary injunction, providing
relief proper in the circumstances, and restraining or enjoining any party from:
(a) Molesting or disturbing the peace of another party;
(b) Going onto the grounds of or entering the home,
workplace, or school of another party or the day care or
school of any child;
(c) Knowingly coming within, or knowingly remaining
within, a specified distance from a specified location; and
(d) Removing a child from the jurisdiction of the court.
(4) Either party may request a domestic violence
protection order under chapter 26.50 RCW or an
antiharassment protection order under chapter 10.14 RCW on
a temporary basis. The court may grant any of the relief
provided in RCW 26.50.060 except relief pertaining to
residential provisions for the children which provisions shall
[Title 26 RCW—page 108]
be provided for under this chapter, and any of the relief
provided in RCW 10.14.080. Ex parte orders issued under
this subsection shall be effective for a fixed period not to
exceed fourteen days, or upon court order, not to exceed
twenty-four days if necessary to ensure that all temporary
motions in the case can be heard at the same time.
(5) Restraining orders issued under this section restraining or enjoining the person from molesting or disturbing
another party, or from going onto the grounds of or entering
the home, workplace, or school of the other party or the day
care or school of any child, or prohibiting the person from
knowingly coming within, or knowingly remaining within,
a specified distance of a location, shall prominently bear on
the front page of the order the legend: VIOLATION OF
THIS ORDER WITH ACTUAL NOTICE OF ITS TERMS
IS A CRIMINAL OFFENSE UNDER CHAPTER 26.50
RCW AND WILL SUBJECT A VIOLATOR TO ARREST.
(6) The court shall order that any temporary restraining
order bearing a criminal offense legend, any domestic
violence protection order, or any antiharassment protection
order granted under this section be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order. Upon receipt
of the order, the law enforcement agency shall enter the
order into any computer-based criminal intelligence information system available in this state used by law enforcement agencies to list outstanding warrants. The order is
fully enforceable in any county in the state.
(7) If a restraining order issued pursuant to this section
is modified or terminated, the clerk of the court shall notify
the law enforcement agency specified in the order on or
before the next judicial day. Upon receipt of notice that an
order has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system.
(8) The court may issue a temporary restraining order
without requiring notice to the other party only if it finds on
the basis of the moving affidavit or other evidence that
irreparable injury could result if an order is not issued until
the time for responding has elapsed.
(9) The court may issue a temporary restraining order or
preliminary injunction and an order for temporary support in
such amounts and on such terms as are just and proper in the
circumstances. In issuing the order, the court shall consider
the provisions of RCW 9.41.800.
(10) A temporary order, temporary restraining order, or
preliminary injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the
proceeding;
(b) May be revoked or modified;
(c) Terminates when the final order is entered or when
the petition is dismissed; and
(d) May be entered in a proceeding for the modification
of an existing order.
(11) A support debt owed to the state for public
assistance expenditures which has been charged against a
party pursuant to RCW 74.20A.040 and/or 74.20A.055 shall
not be merged in, or otherwise extinguished by, the final
decree or order, unless the office of support enforcement has
been given notice of the final proceeding and an opportunity
to present its claim for the support debt to the court and has
(2002 Ed.)
Uniform Parentage Act
failed to file an affidavit as provided in this subsection.
Notice of the proceeding shall be served upon the office of
support enforcement personally, or by certified mail, and
shall be given no fewer than thirty days prior to the date of
the final proceeding. An original copy of the notice shall be
filed with the court either before service or within a reasonable time thereafter. The office of support enforcement may
present its claim, and thereby preserve the support debt, by
filing an affidavit setting forth the amount of the debt with
the court, and by mailing a copy of the affidavit to the
parties or their attorney prior to the date of the final proceeding. [2002 c 302 § 524.]
26.26.600 Rules for adjudication of paternity. The
court shall apply the following rules to adjudicate the
paternity of a child:
(1) The paternity of a child having a presumed, acknowledged, or adjudicated father may be disproved only by
admissible results of genetic testing excluding that man as
the father of the child or identifying another man to be the
father of the child.
(2) Unless the results of genetic testing are admitted to
rebut other results of genetic testing, the man identified as
the father of the child under RCW 26.26.420 must be
adjudicated the father of the child.
(3) If the court finds that genetic testing under RCW
26.26.420 neither identifies nor excludes a man as the father
of a child, the court may not dismiss the proceeding. In that
event, the results of genetic testing, along with other evidence, are admissible to adjudicate the issue of paternity.
(4) Unless the results of genetic testing are admitted to
rebut other results of genetic testing, a man excluded as the
father of a child by genetic testing must be adjudicated not
to be the father of the child. [2002 c 302 § 531.]
26.26.605 Proceeding to adjudicate parentage—Jury
prohibited. The court, without a jury, shall adjudicate
parentage of a child. [2002 c 302 § 532.]
26.26.610 Proceeding to adjudicate parentage—
Hearings—Inspection of records. (1) On request of a party
and for good cause shown, the court may close a proceeding
under this section and RCW 26.26.500 through 26.26.605
and 26.26.615 through 26.26.630.
(2) A final order in a proceeding under this section and
RCW 26.26.500 through 26.26.605 and 26.26.615 through
26.26.630 is available for public inspection. Other papers
and records are available only with the consent of the parties
or on order of the court for good cause. [2002 c 302 § 533.]
26.26.615 Adjudication of paternity—Order on
default. The court shall issue an order adjudicating the
paternity of a man who:
(1) After service of process, is in default; and
(2) Is found by the court to be the father of a child.
[2002 c 302 § 534.]
26.26.620 Dismissal for want of prosecution. The
court may issue an order dismissing a proceeding commenced under this chapter for want of prosecution only
without prejudice. An order of dismissal for want of
(2002 Ed.)
26.26.590
prosecution with prejudice is void and may be challenged in
another judicial or an administrative proceeding. [2002 c
302 § 535.]
26.26.625 Order adjudicating parentage. (1) The
court shall issue an order adjudicating whether a man alleged
or claiming to be the father is the parent of the child.
(2) An order adjudicating parentage must identify the
child by name and age.
(3) Except as otherwise provided in subsection (4) of
this section, the court may assess filing fees, reasonable
attorneys’ fees, fees for genetic testing, other costs, and
necessary travel and other reasonable expenses incurred in a
proceeding under this section and RCW 26.26.500 through
26.26.620 and 26.26.630. The court may award attorneys’
fees, which may be paid directly to the attorney, who may
enforce the order in the attorney’s own name.
(4) The court may not assess fees, costs, or expenses
against the support enforcement agency of this state or
another state, except as provided by other law.
(5) On request of a party and for good cause shown, the
court may order that the name of the child be changed.
(6) If the order of the court is at variance with the
child’s birth certificate, the court shall order the state
registrar of vital statistics to issue an amended birth certificate. [2002 c 302 § 536.]
26.26.630 Binding effect of determination of
parentage. (1) Except as otherwise provided in subsection
(2) of this section, a determination of parentage is binding
on:
(a) All signatories to an acknowledgment or denial of
paternity as provided in RCW 26.26.300 through 26.26.375;
and
(b) All parties to an adjudication by a court acting under
circumstances that satisfy the jurisdictional requirements of
RCW 26.21.075.
(2) A child is not bound by a determination of parentage
under this chapter unless:
(a) The acknowledgment of paternity is consistent with
the results of the genetic testing;
(b) The adjudication of parentage was based on a
finding consistent with the results of genetic testing and the
consistency is declared in the determination or is otherwise
shown; or
(c) The child was represented in the proceeding determining parentage by a guardian ad litem.
(3) In a proceeding to dissolve a marriage, the court is
deemed to have made an adjudication of the parentage of a
child if the court acts under circumstances that satisfy the
jurisdictional requirements of RCW 26.21.075, and the final
order:
(a) Expressly identifies a child as a "child of the
marriage," "issue of the marriage," or similar words indicating that the husband is the father of the child; or
(b) Provides for support of the child by the husband
unless paternity is specifically disclaimed in the order.
(4) Except as otherwise provided in subsection (2) of
this section, a determination of parentage may be a defense
in a subsequent proceeding seeking to adjudicate parentage
[Title 26 RCW—page 109]
26.26.630
Title 26 RCW: Domestic Relations
by an individual who was not a party to the earlier proceeding.
(5) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to
appeal, vacation of judgments, and other judicial review.
[2002 c 302 § 537.]
26.26.700 Application of RCW 26.26.705 through
26.26.740. RCW 26.26.705 through 26.26.740 do not apply
to the birth of a child conceived by means of sexual intercourse. [2002 c 302 § 601.]
26.26.705 Child of assisted reproduction—Parental
status of donor. A donor is not a parent of a child conceived by means of assisted reproduction. [2002 c 302 §
602.]
26.26.710 Husband’s paternity of child of assisted
reproduction. If a husband provides sperm for, or consents
to, assisted reproduction by his wife as provided in RCW
26.26.715, he is the father of a resulting child born to his
wife. [2002 c 302 § 603.]
26.26.715 Consent to assisted reproduction. (1) A
consent to assisted reproduction by a married woman must
be in a record signed by the woman and her husband. This
requirement does not apply to the donation of eggs for
assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by
subsection (1) of this section, before or after birth of the
child, does not preclude a finding that the husband is the
father of a child born to his wife if the wife and husband
openly treated the child as their own. [2002 c 302 § 604.]
26.26.720 Child of assisted reproduction—
Limitation on husband’s dispute of paternity. (1) Except
as otherwise provided in subsection (2) of this section, the
husband of a wife who gives birth to a child by means of
assisted reproduction may not challenge his paternity of the
child unless:
(a) Within two years after learning of the birth of the
child he commences a proceeding to adjudicate his paternity;
and
(b) The court finds that he did not consent to the
assisted reproduction, before or after birth of the child.
(2) A proceeding to adjudicate paternity may be
maintained at any time if the court determines that:
(a) The husband did not provide sperm for, or before or
after the birth of the child consent to, assisted reproduction
by his wife;
(b) The husband and the mother of the child have not
cohabited since the probable time of assisted reproduction;
and
(c) The husband never openly treated the child as his
own.
(3) The limitation provided in this section applies to a
marriage declared invalid after assisted reproduction. [2002
c 302 § 605.]
26.26.725 Child of assisted reproduction—Effect of
dissolution of marriage. (1) If a marriage is dissolved
[Title 26 RCW—page 110]
before placement of eggs, sperm, or an embryo, the former
spouse is not a parent of the resulting child unless the former
spouse consented in a record that if assisted reproduction
were to occur after a divorce, the former spouse would be a
parent of the child.
(2) The consent of the former spouse to assisted
reproduction may be revoked by that individual in a record
at any time before placement of eggs, sperm, or embryos.
[2002 c 302 § 606.]
26.26.730 Child of assisted reproduction—Parental
status of deceased spouse. If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
not a parent of the resulting child unless the deceased spouse
consented in a record that if assisted reproduction were to
occur after death, the deceased spouse would be a parent of
the child. [2002 c 302 § 607.]
26.26.735 Child of assisted reproduction—Effect of
agreement between ovum donor and woman who gives
birth. The donor of ovum provided to a licensed physician
for use in the alternative reproductive medical technology
process of attempting to achieve a pregnancy in a woman
other than the donor is treated in law as if she were not the
natural mother of a child thereafter conceived and born unless the donor and the woman who gives birth to a child as
a result of the alternative reproductive medical technology
procedures agree in writing that the donor is to be a parent.
RCW 26.26.705 does not apply in such case. A woman who
gives birth to a child conceived through alternative reproductive medical technology procedures under the supervision
and with the assistance of a licensed physician is treated in
law as if she were the natural mother of the child unless an
agreement in writing signed by an ovum donor and the
woman giving birth to the child states otherwise. An
agreement pursuant to this section must be in writing and
signed by the ovum donor and the woman who gives birth
to the child and any other intended parent of the child. The
physician shall certify the parties’ signatures and the date of
the ovum harvest, identify the subsequent medical procedures
undertaken, and identify the intended parents. The agreement, including the affidavit and certification referenced in
*RCW 26.26.030, must be filed with the registrar of vital
statistics, where it must be kept confidential and in a sealed
file. [2002 c 302 § 608.]
*Reviser’s note: RCW 26.26.030 was repealed by 2002 c 302 § 711.
26.26.740 Child of assisted reproduction—Issuance
of birth certificate. The department of health shall, upon
request, issue a birth certificate for any child born as a result
of an alternative reproductive medical technology procedure
indicating the legal parentage of such child as intended by
any agreement filed with the registrar of vital statistics pursuant to RCW 26.26.735. [2002 c 302 § 609.]
26.26.903 Uniformity of application and construction—2002 c 302. In applying and construing this uniform
act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among
states that enact it. [2002 c 302 § 709.]
(2002 Ed.)
Uniform Parentage Act
26.26.904 Transitional provision. A proceeding to
adjudicate parentage which was commenced before June 13,
2002, is governed by the law in effect at the time the
proceeding was commenced. [2002 c 302 § 712.]
26.27.541
26.27.551
26.27.561
26.26.911 Short title—2002 c 302. This act may be
known and cited as the uniform parentage act. [2002 c 302
§ 101.]
26.27.901
26.27.911
26.27.921
26.27.931
26.26.912 Severability—2002 c 302. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2002 c 302 § 710.]
26.26.913 Captions, article designations, and article
headings not law. Captions, article designations, and article
headings used in this chapter are not any part of the law.
[2002 c 302 § 713.]
Chapter 26.27
UNIFORM CHILD CUSTODY JURISDICTION ACT
Sections
ARTICLE 1
GENERAL PROVISIONS
26.27.011
26.27.021
26.27.031
26.27.041
26.27.051
26.27.061
26.27.071
26.27.081
26.27.091
26.27.101
26.27.111
26.27.121
Short title.
Definitions.
Proceedings governed by other law.
Application to Indian tribes.
International application of chapter.
Effect of child custody determination.
Priority.
Notice to persons outside state.
Appearance and limited immunity.
Communication between courts.
Taking testimony in another state.
Cooperation between courts—Preservation of records.
ARTICLE 2
JURISDICTION
26.27.201
26.27.211
26.27.221
26.27.231
26.27.241
26.27.251
26.27.261
26.27.271
26.27.281
26.27.291
Initial child custody jurisdiction.
Exclusive, continuing jurisdiction.
Jurisdiction to modify determination.
Temporary emergency jurisdiction.
Notice—Opportunity to be heard—Joinder.
Simultaneous proceedings.
Inconvenient forum.
Jurisdiction declined by reason of conduct.
Information to be submitted to court.
Appearance of parties and child.
ARTICLE 3
ENFORCEMENT
26.27.401
26.27.411
26.27.421
26.27.431
26.27.441
26.27.451
26.27.461
26.27.471
26.27.481
26.27.491
26.27.501
26.27.511
26.27.521
26.27.531
(2002 Ed.)
Definitions.
Enforcement under Hague Convention.
Duty to enforce.
Temporary visitation.
Registration of child custody determination.
Enforcement of registered determination.
Simultaneous proceedings.
Expedited enforcement of child custody determination.
Service of petition and order.
Hearing and order.
Authorization to take physical custody of child.
Costs, fees, and expenses.
Recognition and enforcement.
Appeals.
26.26.904
Role of prosecutor or attorney general.
Role of law enforcement.
Costs and expenses.
ARTICLE 4
MISCELLANEOUS PROVISIONS
Application—Construction.
Severability—2001 c 65.
Transitional provision.
Captions, article designations, and article headings not law.
ARTICLE 1
GENERAL PROVISIONS
26.27.011 Short title. This chapter may be cited as
the uniform child custody jurisdiction and enforcement act.
[2001 c 65 § 101.]
26.27.021 Definitions. The definitions in this section
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Abandoned" means left without provision for
reasonable and necessary care or supervision.
(2) "Child" means an individual who has not attained
eighteen years of age.
(3) "Child custody determination" means a judgment,
decree, parenting plan, or other order of a court providing
for the legal custody, physical custody, or visitation with
respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not
include an order relating to child support or other monetary
obligation of an individual.
(4) "Child custody proceeding" means a proceeding in
which legal custody, physical custody, a parenting plan, or
visitation with respect to a child is an issue. The term
includes a proceeding for dissolution, divorce, separation,
neglect, abuse, dependency, guardianship, paternity, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not
include a proceeding involving juvenile delinquency, emancipation proceedings under chapter 13.64 RCW, proceedings
under chapter 13.32A RCW, or enforcement under Article 3.
(5) "Commencement" means the filing of the first
pleading in a proceeding.
(6) "Court" means an entity authorized under the law of
a state to establish, enforce, or modify a child custody
determination.
(7) "Home state" means the state in which a child lived
with a parent or a person acting as a parent for at least six
consecutive months immediately before the commencement
of a child custody proceeding. In the case of a child less
than six months of age, the term means the state in which
the child lived from birth with a parent or person acting as
a parent. A period of temporary absence of a child, parent,
or person acting as a parent is part of the period.
(8) "Initial determination" means the first child custody
determination concerning a particular child.
(9) "Issuing court" means the court that makes a child
custody determination for which enforcement is sought under
this chapter.
(10) "Issuing state" means the state in which a child
custody determination is made.
[Title 26 RCW—page 111]
26.27.021
Title 26 RCW: Domestic Relations
(11) "Modification" means a child custody determination
that changes, replaces, supersedes, or is otherwise made after
a previous determination concerning the same child, whether
or not it is made by the court that made the previous
determination.
(12) "Person" means an individual, corporation, business
trust, estate, trust, partnership, limited liability company,
association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any
other legal or commercial entity.
(13) "Person acting as a parent" means a person, other
than a parent, who:
(a) Has physical custody of the child or has had
physical custody for a period of six consecutive months,
including any temporary absence, within one year immediately before the commencement of a child custody proceeding; and
(b) Has been awarded legal custody by a court or claims
a right to legal custody under the law of this state.
(14) "Physical custody" means the physical care and
supervision of a child.
(15) "State" means a state of the United States, the
District of Columbia, Puerto Rico, the United States Virgin
Islands, or any territory or insular possession subject to the
jurisdiction of the United States.
(16) "Tribe" means an Indian tribe or band, or Alaskan
Native village, that is recognized by federal law or formally
acknowledged by a state.
(17) "Warrant" means an order issued by a court
authorizing law enforcement officers to take physical custody
of a child. [2001 c 65 § 102.]
26.27.031 Proceedings governed by other law. This
chapter does not govern an adoption proceeding or a
proceeding pertaining to the authorization of emergency
medical care for a child. [2001 c 65 § 103.]
26.27.041 Application to Indian tribes. (1) A child
custody proceeding that pertains to an Indian child as
defined in the federal Indian child welfare act, 25 U.S.C.
Sec. 1901 et seq., is not subject to this chapter to the extent
that it is governed by the federal Indian child welfare act.
(2) A court of this state shall treat a tribe as if it were
a state of the United States for the purpose of applying
Articles 1 and 2.
(3) A child custody determination made by a tribe under
factual circumstances in substantial conformity with the
jurisdictional standards of this chapter must be recognized
and enforced under Article 3. [2001 c 65 § 104.]
26.27.051 International application of chapter. (1)
A court of this state shall treat a foreign country as if it were
a state of the United States for the purpose of applying
Articles 1 and 2.
(2) Except as otherwise provided in subsection (3) of
this section, a child custody determination made in a foreign
country under factual circumstances in substantial conformity
with the jurisdictional standards of this chapter must be
recognized and enforced under Article 3.
[Title 26 RCW—page 112]
(3) A court of this state need not apply this chapter if
the child custody law of a foreign country violates fundamental principles of human rights. [2001 c 65 § 105.]
26.27.061 Effect of child custody determination. A
child custody determination made by a court of this state that
had jurisdiction under this chapter binds all persons who
have been served in accordance with the laws of this state or
notified in accordance with RCW 26.27.081 or who have
submitted to the jurisdiction of the court, and who have been
given an opportunity to be heard. As to those persons, the
determination is conclusive as to all decided issues of law
and fact except to the extent the determination is modified.
[2001 c 65 § 106.]
26.27.071 Priority. If a question of existence or
exercise of jurisdiction under this chapter is raised in a child
custody proceeding, the question, upon proper motion, must
be given priority on the calendar and handled expeditiously.
[2001 c 65 § 107.]
26.27.081 Notice to persons outside state. (1) Notice
required for the exercise of jurisdiction when a person is
outside this state may be given in a manner prescribed for
service of process by the law of the state in which the
service is made or given in a manner reasonably calculated
to give actual notice, and may be made in any of the
following ways:
(a) Personal delivery outside this state in the manner
prescribed for service of process within this state;
(b) By any form of mail addressed to the person to be
served and requesting a receipt; or
(c) As directed by the court, including publication if
other means of notification are ineffective.
(2) Proof of service outside this state may be made:
(a) By affidavit of the individual who made the service;
(b) In the manner prescribed by the law of this state or
the law of the state in which the service is made; or
(c) As directed by the order under which the service is
made.
If service is made by mail, proof may be a receipt
signed by the addressee or other evidence of delivery to the
addressee.
(3) Notice is not required for the exercise of jurisdiction
with respect to a person who submits to the jurisdiction of
the court. [2001 c 65 § 108.]
26.27.091 Appearance and limited immunity. (1)
Except as provided in subsection (2) of this section, a party
to a child custody proceeding, including a modification
proceeding, or a petitioner or respondent in a proceeding to
enforce or register a child custody determination, is not
subject to personal jurisdiction in this state for another
proceeding or purpose solely by reason of having participated, or of having been physically present for the purpose
of participating, in the proceeding.
(2) A person who is subject to personal jurisdiction in
this state on a basis other than physical presence is not
immune from service of process in this state. A party
present in this state who is subject to the jurisdiction of
(2002 Ed.)
Uniform Child Custody Jurisdiction Act
another state is not immune from service of process allowable under the laws of that state.
(3) The immunity granted by subsection (1) of this
section does not extend to civil litigation based on acts
unrelated to the participation in a proceeding under this
chapter committed by an individual while present in this
state. [2001 c 65 § 109.]
26.27.101 Communication between courts. (1) A
court of this state may communicate with a court in another
state concerning a proceeding arising under this chapter.
(2) The court may allow the parties to participate in the
communication. If the parties are not able to participate in
the communication, they must be given the opportunity to
present facts and legal arguments before a decision on
jurisdiction is made.
(3) Communication between courts on schedules,
calendars, court records, and similar matters may occur
without informing the parties. A record need not be made
of the communication.
(4) Except as otherwise provided in subsection (3) of
this section, a record must be made of a communication
under this section. The parties must be informed promptly
of the communication and granted access to the record.
(5) For the purposes of this section, "record" means
information that is inscribed on a tangible medium or that is
stored in an electronic or other medium and is retrievable in
perceivable form. [2001 c 65 § 110.]
26.27.111 Taking testimony in another state. (1) In
addition to other procedures available to a party, a party to
a child custody proceeding may offer testimony of witnesses
who are located in another state, including testimony of the
parties and the child, by deposition or other means allowable
in this state for testimony taken in another state. The court
on its own motion may order that the testimony of a person
be taken in another state and may prescribe the manner in
which and the terms upon which the testimony is taken.
(2) A court of this state may permit an individual
residing in another state to be deposed or to testify by
telephone, audiovisual means, or other electronic means
before a designated court or at another location in that state.
A court of this state shall cooperate with courts of other
states in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another
state to a court of this state by technological means that do
not produce an original writing may not be excluded from
evidence on an objection based on the means of transmission. [2001 c 65 § 111.]
26.27.121 Cooperation between courts—
Preservation of records. (1) A court of this state may request the appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant
to procedures of that state;
(c) Order that an evaluation be made with respect to the
custody of a child involved in a pending proceeding;
(d) Forward to the court of this state a certified copy of
the transcript of the record of the hearing, the evidence
(2002 Ed.)
26.27.091
otherwise presented, and any evaluation prepared in compliance with the request; and
(e) Order a party to a child custody proceeding or any
person having physical custody of the child to appear in the
proceeding with or without the child.
(2) Upon request of a court of another state, a court of
this state may hold a hearing or enter an order described in
subsection (1) of this section.
(3) Travel and other necessary and reasonable expenses
incurred under subsections (1) and (2) of this section may be
assessed against the parties according to the law of this state.
(4) A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other
pertinent records with respect to a child custody proceeding
until the child attains eighteen years of age. Upon appropriate request by a court or law enforcement official of another
state, the court shall forward a certified copy of those
records. [2001 c 65 § 112.]
ARTICLE 2
JURISDICTION
26.27.201 Initial child custody jurisdiction. (1)
Except as otherwise provided in RCW 26.27.231, a court of
this state has jurisdiction to make an initial child custody
determination only if:
(a) This state is the home state of the child on the date
of the commencement of the proceeding, or was the home
state of the child within six months before the commencement of the proceeding and the child is absent from this state
but a parent or person acting as a parent continues to live in
this state;
(b) A court of another state does not have jurisdiction
under (a) of this subsection, or a court of the home state of
the child has declined to exercise jurisdiction on the ground
that this state is the more appropriate forum under RCW
26.27.261 or 26.27.271, and:
(i) The child and the child’s parents, or the child and at
least one parent or a person acting as a parent, have a
significant connection with this state other than mere
physical presence; and
(ii) Substantial evidence is available in this state
concerning the child’s care, protection, training, and personal
relationships;
(c) All courts having jurisdiction under (a) of this
subsection have declined to exercise jurisdiction on the
ground that a court of this state is the more appropriate
forum to determine the custody of the child under RCW
26.27.261 or 26.27.271; or
(d) No court of any other state would have jurisdiction
under the criteria specified in (a), (b), or (c) of this subsection.
(2) Subsection (1) of this section is the exclusive
jurisdictional basis for making a child custody determination
by a court of this state.
(3) Physical presence of, or personal jurisdiction over,
a party or a child is not necessary or sufficient to make a
child custody determination. [2001 c 65 § 201.]
26.27.211 Exclusive, continuing jurisdiction. (1)
Except as otherwise provided in RCW 26.27.231, a court of
[Title 26 RCW—page 113]
26.27.211
Title 26 RCW: Domestic Relations
this state that has made a child custody determination
consistent with RCW 26.27.201 or 26.27.221 has exclusive,
continuing jurisdiction over the determination until:
(a) A court of this state determines that neither the
child, the child’s parents, and any person acting as a parent
do not have a significant connection with this state and that
substantial evidence is no longer available in this state
concerning the child’s care, protection, training, and personal
relationships; or
(b) A court of this state or a court of another state
determines that the child, the child’s parents, and any person
acting as a parent do not presently reside in this state.
(2) A court of this state that has made a child custody
determination and does not have exclusive, continuing
jurisdiction under this section may modify that determination
only if it has jurisdiction to make an initial determination
under RCW 26.27.201. [2001 c 65 § 202.]
state remains in effect until an order is obtained from the
other state within the period specified or the period expires.
(4) A court of this state that has been asked to make a
child custody determination under this section, upon being
informed that a child custody proceeding has been commenced in, or a child custody determination has been made
by, a court of a state having jurisdiction under RCW
26.27.201 through 26.27.221, shall immediately communicate
with the other court. A court of this state that is exercising
jurisdiction pursuant to RCW 26.27.201 through 26.27.221,
upon being informed that a child custody proceeding has
been commenced in, or a child custody determination has
been made by, a court of another state under a statute similar
to this section shall immediately communicate with the court
of that state to resolve the emergency, protect the safety of
the parties and the child, and determine a period for the
duration of the temporary order. [2001 c 65 § 204.]
26.27.221 Jurisdiction to modify determination.
Except as otherwise provided in RCW 26.27.231, a court of
this state may not modify a child custody determination
made by a court of another state unless a court of this state
has jurisdiction to make an initial determination under RCW
26.27.201(1) (a) or (b) and:
(1) The court of the other state determines it no longer
has exclusive, continuing jurisdiction under RCW 26.27.211
or that a court of this state would be a more convenient
forum under RCW 26.27.261; or
(2) A court of this state or a court of the other state
determines that the child, the child’s parents, and any person
acting as a parent do not presently reside in the other state.
[2001 c 65 § 203.]
26.27.241 Notice—Opportunity to be heard—
Joinder. (1) Before a child custody determination is made
under this chapter, notice and an opportunity to be heard in
accordance with the standards of RCW 26.27.081 must be
given to: (a) All persons entitled to notice under the law of
this state as in child custody proceedings between residents
of this state; (b) any parent whose parental rights have not
been previously terminated; and (c) any person having
physical custody of the child.
(2) This chapter does not govern the enforceability of a
child custody determination made without notice or an
opportunity to be heard.
(3) The obligation to join a party and the right to
intervene as a party in a child custody proceeding under this
chapter are governed by the law of this state as in child
custody proceedings between residents of this state. [2001
c 65 § 205.]
26.27.231 Temporary emergency jurisdiction. (1)
A court of this state has temporary emergency jurisdiction if
the child is present in this state and the child has been
abandoned or it is necessary in an emergency to protect the
child because the child, or a sibling or parent of the child, is
subjected to or threatened with abuse.
(2) If there is no previous child custody determination
that is entitled to be enforced under this chapter and a child
custody proceeding has not been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through
26.27.221, a child custody determination made under this
section remains in effect until an order is obtained from a
court of a state having jurisdiction under RCW 26.27.201
through 26.27.221. If a child custody proceeding has not
been or is not commenced in a court of a state having
jurisdiction under RCW 26.27.201 through 26.27.221, a child
custody determination made under this section becomes a
final determination, if it so provides and this state becomes
the home state of the child.
(3) If there is a previous child custody determination
that is entitled to be enforced under this chapter, or a child
custody proceeding has been commenced in a court of a
state having jurisdiction under RCW 26.27.201 through
26.27.221, any order issued by a court of this state under
this section must specify in the order a period that the court
considers adequate to allow the person seeking an order to
obtain an order from the state having jurisdiction under
RCW 26.27.201 through 26.27.221. The order issued in this
[Title 26 RCW—page 114]
26.27.251 Simultaneous proceedings. (1) Except as
otherwise provided in RCW 26.27.231, a court of this state
may not exercise its jurisdiction under this article if, at the
time of the commencement of the proceeding, a proceeding
concerning the custody of the child has been commenced in
a court of another state having jurisdiction substantially in
conformity with this chapter, unless the proceeding has been
terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under
RCW 26.27.261.
(2) Except as otherwise provided in RCW 26.27.231, a
court of this state, before hearing a child custody proceeding,
shall examine the court documents and other information
supplied by the parties pursuant to RCW 26.27.281. If the
court determines that a child custody proceeding has been
commenced in a court in another state having jurisdiction
substantially in accordance with this chapter, the court of this
state shall stay its proceeding and communicate with the
court of the other state. If the court of the state having
jurisdiction substantially in accordance with this chapter does
not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
(3) In a proceeding to modify a child custody determination, a court of this state shall determine whether a
(2002 Ed.)
Uniform Child Custody Jurisdiction Act
proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child
custody determination has been commenced in another state,
the court may:
(a) Stay the proceeding for modification pending the
entry of an order of a court of the other state enforcing,
staying, denying, or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it
considers appropriate. [2001 c 65 § 206.]
26.27.261 Inconvenient forum. (1) A court of this
state which has jurisdiction under this chapter to make a
child custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient
forum under the circumstances and that a court of another
state is a more appropriate forum. The issue of inconvenient
forum may be raised upon motion of a party, the court’s
own motion, or request of another court.
(2) Before determining whether it is an inconvenient
forum, a court of this state shall consider whether it is
appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to
submit information and shall consider all relevant factors,
including:
(a) Whether domestic violence has occurred and is
likely to continue in the future and which state could best
protect the parties and the child;
(b) The length of time the child has resided outside this
state;
(c) The distance between the court in this state and the
court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state
should assume jurisdiction;
(f) The nature and location of the evidence required to
resolve the pending litigation, including testimony of the
child;
(g) The ability of the court of each state to decide the
issue expeditiously and the procedures necessary to present
the evidence; and
(h) The familiarity of the court of each state with the
facts and issues in the pending litigation.
(3) If a court of this state determines that it is an
inconvenient forum and that a court of another state is a
more appropriate forum, it shall stay the proceedings upon
condition that a child custody proceeding be promptly
commenced in another designated state and may impose any
other condition the court considers just and proper.
(4) A court of this state may decline to exercise its
jurisdiction under this chapter if a child custody determination is incidental to an action for dissolution or another
proceeding while still retaining jurisdiction over the dissolution or other proceeding. [2001 c 65 § 207.]
26.27.271 Jurisdiction declined by reason of conduct. (1) Except as otherwise provided in RCW 26.27.231
or by other law of this state, if a court of this state has
jurisdiction under this chapter because a person seeking to
(2002 Ed.)
26.27.251
invoke its jurisdiction has engaged in unjustifiable conduct,
the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have
acquiesced in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction
under RCW 26.27.201 through 26.27.221 determines that
this state is a more appropriate forum under RCW 26.27.261;
or
(c) No court of any other state would have jurisdiction
under the criteria specified in RCW 26.27.201 through
26.27.221.
(2) If a court of this state declines to exercise its
jurisdiction pursuant to subsection (1) of this section, it may
fashion an appropriate remedy to ensure the safety of the
child and prevent a repetition of the unjustifiable conduct,
including staying the proceeding until a child custody
proceeding is commenced in a court having jurisdiction
under RCW 26.27.201 through 26.27.221.
(3) If a court dismisses a petition or stays a proceeding
because it declines to exercise its jurisdiction pursuant to
subsection (1) of this section, it shall assess against the party
seeking to invoke its jurisdiction necessary and reasonable
expenses including costs, communication expenses,
attorneys’ fees, investigative fees, expenses for witnesses,
travel expenses, and child care during the course of the
proceedings, unless the party from whom fees are sought
establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses
against this state unless authorized by law other than this
chapter. [2001 c 65 § 208.]
26.27.281 Information to be submitted to court. (1)
Subject to laws providing for the confidentiality of procedures, addresses, and other identifying information, in a child
custody proceeding, each party, in its first pleading or in an
attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child’s present address or
whereabouts, the places where the child has lived during the
last five years, and the names and present addresses of the
persons with whom the child has lived during that period.
The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any
other capacity, in any other proceeding concerning the
custody of or visitation with the child and, if so, identify the
court, the case number, and the date of the child custody
determination, if any;
(b) Knows of any proceeding that could affect the
current proceeding, including proceedings for enforcement
and proceedings relating to domestic violence, protective
orders, termination of parental rights, and adoptions and, if
so, identify the court, the case number, and the nature of the
proceeding; and
(c) Knows the names and addresses of any person not
a party to the proceeding who has physical custody of the
child or claims rights of legal custody or physical custody
of, or visitation with, the child and, if so, the names and
addresses of those persons.
(2) If the information required by subsection (1) of this
section is not furnished, the court, upon motion of a party or
its own motion, may stay the proceeding until the information is furnished.
[Title 26 RCW—page 115]
26.27.281
Title 26 RCW: Domestic Relations
(3) If the declaration as to any of the items described in
subsection (1)(a) through (c) of this section is in the affirmative, the declarant shall give additional information under
oath as required by the court. The court may examine the
parties under oath as to details of the information furnished
and other matters pertinent to the court’s jurisdiction and the
disposition of the case.
(4) Each party has a continuing duty to inform the court
of any proceeding in this or any other state that could affect
the current proceeding.
(5) If a party alleges in an affidavit or a pleading under
oath that the health, safety, or liberty of a party or child
would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders
the disclosure to be made after a hearing in which the court
takes into consideration the health, safety, or liberty of the
party or child and determines that the disclosure is in the
interest of justice. [2001 c 65 § 209.]
26.27.291 Appearance of parties and child. (1) In
a child custody proceeding in this state, the court may order
a party to the proceeding who is in this state to appear
before the court in person with or without the child. The
court may order any person who is in this state and who has
physical custody or control of the child to appear in person
with the child.
(2) If a party to a child custody proceeding whose
presence is desired by the court is outside this state, the
court may order that a notice given pursuant to RCW
26.27.081 include a statement directing the party to appear
in person with or without the child and informing the party
that failure to appear may result in a decision adverse to the
party.
(3) The court may enter any orders necessary to ensure
the safety of the child and of any person ordered to appear
under this section.
(4) If a party to a child custody proceeding who is
outside this state is directed to appear under subsection (2)
of this section or desires to appear personally before the
court with or without the child, the court may require another party to pay reasonable and necessary travel and other
expenses of the party so appearing and of the child. [2001
c 65 § 210.]
ARTICLE 3
ENFORCEMENT
26.27.401 Definitions. The definitions in this section
apply throughout this article, unless the context clearly
requires otherwise.
(1) "Petitioner" means a person who seeks enforcement
of an order for return of a child under the Hague Convention
on the Civil Aspects of International Child Abduction or
enforcement of a child custody determination.
(2) "Respondent" means a person against whom a
proceeding has been commenced for enforcement of an order
for return of a child under the Hague Convention on the
Civil Aspects of International Child Abduction or enforcement of a child custody determination. [2001 c 65 § 301.]
[Title 26 RCW—page 116]
26.27.411 Enforcement under Hague Convention.
Under this article a court of this state may enforce an order
for the return of the child made under the Hague Convention
on the Civil Aspects of International Child Abduction as if
it were a child custody determination. [2001 c 65 § 302.]
26.27.421 Duty to enforce. (1) A court of this state
shall recognize and enforce a child custody determination of
a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the
determination was made under factual circumstances meeting
the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
(2) A court of this state may use any remedy available
under other law of this state including writs of habeas corpus
under chapter 7.36 RCW and enforcement proceedings under
Title 26 RCW to enforce a child custody determination made
by a court of another state. The remedies provided in this
article are cumulative and do not affect the availability of
other remedies to enforce a child custody determination.
[2001 c 65 § 303.]
26.27.431 Temporary visitation. (1) A court of this
state that does not have jurisdiction to modify a child
custody determination may issue a temporary order enforcing:
(a) A visitation schedule made by a court of another
state; or
(b) The visitation provisions of a child custody determination of another state that does not provide for a specific
visitation schedule.
(2) If a court of this state makes an order under subsection (1)(b) of this section, it shall specify in the order a
period that it considers adequate to allow the petitioner to
obtain an order from a court having jurisdiction under the
criteria specified in Article 2. The order remains in effect
until an order is obtained from the other court or the period
expires. [2001 c 65 § 304.]
26.27.441 Registration of child custody determination. (1) A child custody determination issued by a court of
another state may be registered in this state, with or without
a simultaneous request for enforcement, by sending to the
appropriate court in this state:
(a) A letter or other document requesting registration;
(b) Two copies, including one certified copy, of the
determination sought to be registered, and a statement under
penalty of perjury that to the best of the knowledge and
belief of the person seeking registration, the determination
has not been modified; and
(c) Except as otherwise provided in RCW 26.27.281, the
name and address of the person seeking registration and any
parent or person acting as a parent who has been awarded
custody or visitation in the child custody determination
sought to be registered.
(2) On receipt of the documents required by subsection
(1) of this section, the registering court shall:
(a) Cause the determination to be filed as a foreign
judgment, together with one copy of any accompanying
documents and information, regardless of their form; and
(2002 Ed.)
Uniform Child Custody Jurisdiction Act
(b) Serve notice upon the persons named pursuant to
subsection (1)(c) of this section and provide them with an
opportunity to contest the registration in accordance with this
section.
(3) The notice required by subsection (2)(b) of this
section must state that:
(a) A registered determination is enforceable as of the
date of the registration in the same manner as a determination issued by a court of this state;
(b) A hearing to contest the validity of the registered
determination must be requested within twenty days after
service of notice; and
(c) Failure to contest the registration will result in
confirmation of the child custody determination and preclude
further contest of that determination with respect to any
matter that could have been asserted.
(4) A person seeking to contest the validity of a
registered determination must request a hearing within
twenty days after service of the notice. At that hearing, the
court shall confirm the registered determination unless the
person contesting registration establishes that:
(a) The issuing court did not have jurisdiction under
Article 2;
(b) The child custody determination sought to be
registered has been vacated, stayed, or modified by a court
having jurisdiction to do so under Article 2; or
(c) The person contesting registration was entitled to notice, but notice was not given in accordance with the
standards of RCW 26.27.081, in the proceedings before the
court that issued the determination for which registration is
sought.
(5) If a timely request for a hearing to contest the
validity of the registration is not made, the registration is
confirmed as a matter of law and the person requesting
registration and all persons served must be notified of the
confirmation.
(6) Confirmation of a registered determination, whether
by operation of law or after notice and hearing, precludes
further contest of the determination with respect to any
matter that could have been asserted at the time of registration. [2001 c 65 § 305.]
26.27.451 Enforcement of registered determination.
(1) A court of this state may grant any relief normally
available under the law of this state to enforce a registered
child custody determination made by a court of another state.
(2) A court of this state shall recognize and enforce, but
may not modify, except in accordance with Article 2, a
registered child custody determination of a court of another
state. [2001 c 65 § 306.]
26.27.461 Simultaneous proceedings. If a proceeding
for enforcement under this article is commenced in a court
of this state and the court determines that a proceeding to
modify the determination is pending in a court of another
state having jurisdiction to modify the determination under
Article 2, the enforcing court shall immediately communicate
with the modifying court. The proceeding for enforcement
continues unless the enforcing court, after consultation with
the modifying court, stays or dismisses the proceeding.
[2001 c 65 § 307.]
(2002 Ed.)
26.27.441
26.27.471 Expedited enforcement of child custody
determination. (1) A petition under this article must be
verified. Certified copies of all orders sought to be enforced
and of any order confirming registration must be attached to
the petition. A copy of a certified copy of an order may be
attached instead of the original.
(2) A petition for enforcement of a child custody
determination must state:
(a) Whether the court that issued the determination
identified the jurisdictional basis it relied upon in exercising
jurisdiction and, if so, what the basis was;
(b) Whether the determination for which enforcement is
sought has been vacated, stayed, or modified by a court
whose decision must be enforced under this chapter and, if
so, identify the court, the case number, and the nature of the
proceeding;
(c) Whether any proceeding has been commenced that
could affect the current proceeding, including proceedings
relating to domestic violence, protective orders, termination
of parental rights, and adoptions and, if so, identify the
court, the case number, and the nature of the proceeding;
(d) The present physical address of the child and the
respondent, if known;
(e) Whether relief in addition to the immediate physical
custody of the child and attorneys’ fees is sought, including
a request for assistance from law enforcement officials and,
if so, the relief sought; and
(f) If the child custody determination has been registered
and confirmed under RCW 26.27.441, the date and place of
registration.
(3) Upon the filing of a petition, the court shall issue an
order directing the respondent to appear in person with or
without the child at a hearing and may enter any order
necessary to ensure the safety of the parties and the child.
The hearing must be held on the next judicial day after
service of the order unless that date is impossible. In that
event, the court shall hold the hearing on the first judicial
day possible. The court may extend the date of hearing at
the request of the petitioner.
(4) An order issued under subsection (3) of this section
must state the time and place of the hearing and advise the
respondent that at the hearing the court will order that the
petitioner may take immediate physical custody of the child
and the payment of fees, costs, and expenses under RCW
26.27.511, and may schedule a hearing to determine whether
further relief is appropriate, unless the respondent appears
and establishes that:
(a) The child custody determination has not been
registered and confirmed under RCW 26.27.441 and that:
(i) The issuing court did not have jurisdiction under
Article 2;
(ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a
court having jurisdiction to do so under Article 2;
(iii) The respondent was entitled to notice, but notice
was not given in accordance with the standards of RCW
26.27.081, in the proceedings before the court that issued the
order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under RCW
26.27.431, but has been vacated, stayed, or modified by a
[Title 26 RCW—page 117]
26.27.471
Title 26 RCW: Domestic Relations
court of a state having jurisdiction to do so under Article 2.
[2001 c 65 § 308.]
26.27.481 Service of petition and order. Except as
otherwise provided in RCW 26.27.501, the petition and order
must be served, by any method authorized by the law of this
state, upon the respondent and any person who has physical
custody of the child. [2001 c 65 § 309.]
26.27.491 Hearing and order. (1) Unless the court
issues a temporary emergency order pursuant to RCW
26.27.231, upon a finding that a petitioner is entitled to
immediate physical custody of the child, the court shall order
that the petitioner may take immediate physical custody of
the child unless the respondent establishes that:
(a) The child custody determination has not been
registered and confirmed under RCW 26.27.441 and that:
(i) The issuing court did not have jurisdiction under
Article 2;
(ii) The child custody determination for which enforcement is sought has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under Article 2;
or
(iii) The respondent was entitled to notice, but notice
was not given in accordance with the standards of RCW
26.27.081, in the proceedings before the court that issued the
order for which enforcement is sought; or
(b) The child custody determination for which enforcement is sought was registered and confirmed under RCW
26.27.441 but has been vacated, stayed, or modified by a
court of a state having jurisdiction to do so under Article 2.
(2) The court shall award the fees, costs, and expenses
authorized under RCW 26.27.511 and may grant additional
relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether
additional relief is appropriate.
(3) If a party called to testify refuses to answer on the
ground that the testimony may be self-incriminating, the
court may draw an adverse inference from the refusal.
(4) A privilege against disclosure of communications
between spouses and a defense of immunity based on the
relationship of husband and wife or parent and child may not
be invoked in a proceeding under this article. [2001 c 65 §
310.]
26.27.501 Authorization to take physical custody of
child. An order under this chapter directing law enforcement to obtain physical custody of the child from the other
parent or a third party holding the child may only be sought
pursuant to a writ of habeas corpus under chapter 7.36
RCW. [2001 c 65 § 311.]
26.27.511 Costs, fees, and expenses. (1) The court
shall award the prevailing party, including a state, necessary
and reasonable expenses incurred by or on behalf of the
party, including costs, communication expenses, attorneys’
fees, investigative fees, expenses for witnesses, travel
expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are
sought establishes that the award would be clearly inappropriate.
[Title 26 RCW—page 118]
(2) The court may not assess fees, costs, or expenses
against a state unless authorized by law other than this
chapter. [2001 c 65 § 312.]
26.27.521 Recognition and enforcement. A court of
this state shall accord full faith and credit to an order issued
by another state and consistent with this chapter that enforces a child custody determination by a court of another state
unless the order has been vacated, stayed, or modified by a
court having jurisdiction to do so under Article 2. [2001 c
65 § 313.]
26.27.531 Appeals. An appeal may be taken from a
final order in a proceeding under this article in accordance
with expedited appellate procedures in other civil cases
relating to minor children. Unless the court enters a temporary emergency order under RCW 26.27.231, the enforcing
court may not stay an order enforcing a child custody
determination pending appeal. [2001 c 65 § 314.]
26.27.541 Role of prosecutor or attorney general.
(1) In a case arising under this chapter or involving the
Hague Convention on the Civil Aspects of International
Child Abduction, the prosecutor or attorney general may take
any lawful action, including resorting to a proceeding under
this article or any other available civil proceeding to locate
a child, obtain the return of a child, or enforce a child
custody determination if there is:
(a) An existing child custody determination;
(b) A request to do so from a court in a pending child
custody proceeding;
(c) A reasonable belief that a criminal statute has been
violated; or
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention
on the Civil Aspects of International Child Abduction.
(2) A prosecutor or attorney general acting under this
section acts on behalf of the court and may not represent any
party. [2001 c 65 § 315.]
26.27.551 Role of law enforcement. At the request
of a prosecutor or attorney general acting under RCW
26.27.541, a law enforcement officer may take any lawful
action reasonably necessary to locate a child or a party and
assist a prosecutor or attorney general with responsibilities
under RCW 26.27.541. [2001 c 65 § 316.]
26.27.561 Costs and expenses. If the respondent is
not the prevailing party, the court may assess against the
respondent all direct expenses and costs incurred by the
prosecutor or attorney general and law enforcement officers
under RCW 26.27.541 or 26.27.551. [2001 c 65 § 317.]
ARTICLE 4
MISCELLANEOUS PROVISIONS
26.27.901 Application—Construction. In applying
and construing this chapter, consideration must be given to
the need to promote uniformity of the law with respect to its
subject matter among states that enact it. [2001 c 65 § 401.]
(2002 Ed.)
Uniform Child Custody Jurisdiction Act
26.27.911 Severability—2001 c 65. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2001 c 65 § 402.]
26.27.921 Transitional provision. A motion or other
request for relief made in a child custody proceeding or to
enforce a child custody determination that was commenced
before July 22, 2001, is governed by the law in effect at the
time the motion or other request was made. [2001 c 65 §
404.]
26.27.931 Captions, article designations, and article
headings not law. Captions, article designations, and article
headings used in this chapter are not any part of the law.
[2001 c 65 § 405.]
Chapter 26.28
AGE OF MAJORITY
(Formerly: Infants)
Sections
26.28.010
26.28.015
26.28.020
26.28.030
26.28.040
26.28.050
26.28.060
26.28.070
26.28.080
Age of majority.
Age of majority for enumerated specific purposes.
Married persons—When deemed of full age.
Contracts of minors—Disaffirmance.
Disaffirmance barred in certain cases.
Satisfaction of minor’s contract for services.
Child labor—Penalty.
Certain types of employment prohibited—Penalty.
Selling or giving tobacco to minor—Belief of representative
capacity, no defense—Penalty.
26.28.085 Applying tattoo to a minor—Penalty.
Alcohol and drug treatment: RCW 70.96A.095.
Alcoholic beverage control
furnishing liquor to minors—Possession, use: RCW 66.44.270.
minor applying for permit: RCW 66.44.280.
minor purchasing liquor: RCW 66.44.290.
minors frequenting off-limits area—Misrepresenting age: RCW 66.44.310.
treating minor, etc., in tavern: RCW 66.44.300.
Baseball—Contracts with minors: Chapter 67.04 RCW.
Child
labor: Chapter 49.12 RCW.
support enforcement: Chapter 26.18 RCW.
welfare agencies: Chapter 74.15 RCW.
Children and youth services: RCW 43.20A.360, chapter 72.05 RCW.
Civil defense—Minors entitled to benefits: RCW 38.52.270.
Costs (civil) against guardian of infant plaintiff: RCW 4.84.140.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Crimes and punishment
firearms, dangerous weapons
delivery to ineligible persons: RCW 9.41.080.
possession of pistol by person from eighteen to twenty-one: RCW
9.41.240.
frauds and swindles, substitution of child: RCW 9.45.020.
kidnapping: Chapter 9A.40 RCW.
leaving children unattended in parked automobile: RCW 9.91.060.
obscenity—Obscene literature: Chapter 9.68 RCW.
sex crimes: Chapter 9A.44 RCW.
Department of social and health services, advisory committee on children
and youth services: RCW 43.20A.360.
District courts (civil)
action against infant—Guardian ad litem: RCW 12.04.150.
commencement of actions—Action by infant: RCW 12.04.140.
(2002 Ed.)
26.27.911
Domestic violence prevention: Chapter 26.50 RCW.
Family abandonment or nonsupport: Chapter 26.20 RCW.
Firearm training program: RCW 77.32.155.
Game and game fish—Areas may be set aside for use of minors: RCW
77.12.330.
Green Hill School: Chapter 72.16 RCW.
Health care records, rights: RCW 70.02.130.
Hours of labor: Chapter 49.28 RCW.
Juvenile courts and juvenile offenders: Title 13 RCW.
Limitation of actions (civil)
minors suing guardians for estates sold: RCW 4.16.070.
statutes tolled by personal disability: RCW 4.16.190.
Maple Lane School: Chapter 72.20 RCW.
Medical consent, liability of provider: RCW 26.09.310.
Mental health treatment: Chapter 71.34 RCW.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Motor vehicle operators’ licenses
application of person under eighteen—Signature of parent, etc.: RCW
46.20.100.
juvenile agricultural driving permits: RCW 46.20.070.
persons ineligible, generally: RCW 46.20.031.
Parties to actions (civil)—Guardian ad litem for infant: RCW 4.08.050.
Partition
guardian may consent to partition: RCW 7.52.470.
infant’s share of proceeds to guardian: RCW 7.52.450.
Probate
descent and distribution to legitimate, illegitimate, adopted children:
Chapter 11.04 RCW.
escheats—Limitation when claimant is minor: RCW 11.08.280.
guardianship—Guardian ad litem: RCW 11.88.090.
letters testamentary and of administration—Procedure during minority or
absence of executor: RCW 11.28.040.
Property taxes—Certificate of delinquency—Redemption before deed—
Minors and legally incompetent: RCW 84.64.070.
Recognizances for minors: RCW 10.16.150.
Savings and loan associations, minors as members: RCW 33.20.040.
Schools and colleges, generally: Titles 28A and 28B RCW.
Sexual psychopaths and psychopathic delinquents: Chapter 71.06 RCW.
Sexually transmitted diseases: RCW 70.24.110.
Shoplifting by minors, liability of parents, guardians: RCW 4.24.230.
Special education—Children with handicapping conditions: Chapter
28A.155 RCW.
Special rights of action (civil)
action by parent for sale or transfer of controlled substance to minor:
RCW 69.50.414.
action by parent for seduction of child: RCW 4.24.020.
action for injury or death of child: RCW 4.24.010.
State school for blind and deaf—Who may be admitted: RCW 72.40.040.
State school for girls: Chapter 72.20 RCW.
State training school for boys: Chapter 72.16 RCW.
Survival of actions (civil)—Action for personal injury survives to spouse,
child, stepchildren, or heirs: RCW 4.20.060.
Temporary assistance for needy families: Chapter 74.12 RCW.
Unemployment compensation, "employment"—Newsboy service exemption:
RCW 50.04.240.
Uniform transfers to minors act: Chapter 11.114 RCW.
Uniform veterans’ guardianship act—Guardian for minor: RCW 73.36.060.
Vital statistics, supplemental report on name of child: RCW 70.58.100.
Worker’s compensation—"Child" defined: RCW 51.08.030.
26.28.010 Age of majority. Except as otherwise
specifically provided by law, all persons shall be deemed and
taken to be of full age for all purposes at the age of eighteen
years. [1971 ex.s. c 292 § 1; 1970 ex.s. c 17 § 1; 1923 c 72
[Title 26 RCW—page 119]
26.28.010
Title 26 RCW: Domestic Relations
§ 2; Code 1881 § 2363; 1866 p 92 § 1; 1863 p 434 § 1;
1854 p 407 § 1; RRS § 10548.]
Severability—1971 ex.s. c 292: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 292 § 77.]
Saving—1923 c 72: "This act shall not apply to females who shall
have attained the age of eighteen years at the time this act shall go into
effect." [1923 c 72 § 3.] 1923 c 72 was codified as RCW 11.92.010 and
26.28.010.
Age of majority for probate law and procedure purposes: RCW 11.76.080,
11.76.095, 11.88.020, and 11.92.010.
26.28.015 Age of majority for enumerated specific
purposes. Notwithstanding any other provision of law, and
except as provided under RCW 26.50.020, all persons shall
be deemed and taken to be of full age for the specific
purposes hereafter enumerated at the age of eighteen years:
(1) To enter into any marriage contract without parental
consent if otherwise qualified by law;
(2) To execute a will for the disposition of both real and
personal property if otherwise qualified by law;
(3) To vote in any election if authorized by the Constitution and otherwise qualified by law;
(4) To enter into any legal contractual obligation and to
be legally bound thereby to the full extent as any other adult
person;
(5) To make decisions in regard to their own body and
the body of their lawful issue whether natural born to or
adopted by such person to the full extent allowed to any
other adult person including but not limited to consent to
surgical operations;
(6) To sue and be sued on any action to the full extent
as any other adult person in any of the courts of this state,
without the necessity for a guardian ad litem. [1992 c 111
§ 12; 1971 ex.s. c 292 § 2.]
Severability—1992 c 111: See RCW 26.50.903.
Findings—1992 c 111: See note following RCW 26.50.030.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Alcohol and drug treatment: RCW 70.96A.095.
Mental health treatment: Chapter 71.34 RCW.
Sexually transmitted diseases: RCW 70.24.110.
26.28.020 Married persons—When deemed of full
age. All minor persons married to a person of full age shall
be deemed and taken to be of full age. [1973 1st ex.s. c 154
§ 38; Code 1881 § 2364; 1863 p 434 § 2; 1854 p 407 § 2;
RRS § 10549.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
26.28.030 Contracts of minors—Disaffirmance. A
minor is bound, not only by contracts for necessaries, but
also by his other contracts, unless he disaffirms them within
a reasonable time after he attains his majority, and restores
to the other party all money and property received by him by
virtue of the contract, and remaining within his control at
any time after his attaining his majority. [1866 p 92 § 2;
RRS § 5829.]
26.28.040 Disaffirmance barred in certain cases.
No contract can be thus disaffirmed in cases where on
[Title 26 RCW—page 120]
account of the minor’s own misrepresentations as to his
majority, or from his having engaged in business as an adult,
the other party had good reasons to believe the minor
capable of contracting. [1866 p 93 § 3; RRS § 5830.]
26.28.050 Satisfaction of minor’s contract for
services. When a contract for the personal services of a
minor has been made with him alone, and those services are
afterwards performed, payment made therefor to such minor
in accordance with the terms of the contract, is a full
satisfaction for those services, and the parents or guardian
cannot recover therefor. [1866 p 93 § 4; RRS § 5831.]
26.28.060 Child labor—Penalty. (1) Every person
who shall employ, and every parent, guardian or other
person having the care, custody or control of such child, who
shall permit to be employed, by another, any child under the
age of fourteen years at any labor whatever, in or in connection with any store, shop, factory, mine or any inside
employment not connected with farm or house work, without
the written permit thereto of a judge of a superior court of
the county wherein such child may live, shall be guilty of a
misdemeanor.
(2) Subsection (1) of this section does not apply to
children employed as actors or performers in film, video,
audio, or theatrical productions. [1994 c 62 § 1; 1973 1st
ex.s. c 154 § 39; 1909 c 249 § 195; RRS § 2447.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Child labor: Chapter 49.12 RCW.
Employment permits: RCW 28A.225.080.
26.28.070 Certain types of employment prohibited—Penalty. Every person who shall employ, or cause to
be employed, exhibit or have in his custody for exhibition or
employment any minor actually or apparently under the age
of eighteen years; and every parent, relative, guardian,
employer or other person having the care, custody, or control
of any such minor, who shall in any way procure or consent
to the employment of such minor:
(1) In begging, receiving alms, or in any mendicant
occupation; or,
(2) In any indecent or immoral exhibition or practice;
or,
(3) In any practice or exhibition dangerous or injurious
to life, limb, health or morals; or,
(4) As a messenger for delivering letters, telegrams,
packages or bundles, to any known house of prostitution or
assignation;
Shall be guilty of a misdemeanor. [1909 c 249 § 194;
RRS § 2446.]
Juvenile courts and juvenile offenders: Title 13 RCW.
26.28.080 Selling or giving tobacco to minor—Belief
of representative capacity, no defense—Penalty. Every
person who sells or gives, or permits to be sold or given to
any person under the age of eighteen years any cigar, cigarette, cigarette paper or wrapper, or tobacco in any form is
guilty of a gross misdemeanor.
It shall be no defense to a prosecution for a violation of
this section that the person acted, or was believed by the
(2002 Ed.)
Age of Majority
defendant to act, as agent or representative of another.
[1994 sp.s. c 7 § 437. Prior: 1987 c 250 § 2; 1987 c 204
§ 1; 1971 ex.s. c 292 § 37; 1919 c 17 § 1; 1911 c 133 § 1;
1909 ex.s. c 27 § 1; 1909 c 249 § 193; 1901 c 122 § 1;
1895 c 126 §§ 1, 3 and 4; RRS § 2445. Formerly RCW
26.08.080, 26.08.090, and 26.08.100.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Juvenile courts and juvenile offenders: Title 13 RCW.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
26.28.085 Applying tattoo to a minor—Penalty.
Every person who applies a tattoo to any minor under the
age of eighteen is guilty of a misdemeanor. It is not a
defense to a violation of this section that the person applying
the tattoo did not know the minor’s age unless the person
applying the tattoo establishes by a preponderance of the
evidence that he or she made a reasonable, bona fide attempt
to ascertain the true age of the minor by requiring production
of a driver’s license or other picture identification card or
paper and did not rely solely on the oral allegations or
apparent age of the minor.
For the purposes of this section, "tattoo" includes any
permanent marking or coloring of the skin with any pigment,
ink, or dye, or any procedure that leaves a visible scar on the
skin. Medical procedures performed by a licensed physician
are exempted from this section. [1995 c 373 § 1.]
Chapter 26.30
UNIFORM MINOR STUDENT CAPACITY TO
BORROW ACT
Sections
26.30.010
26.30.020
26.30.900
26.30.910
26.30.920
26.30.010 Definitions. As used in this chapter:
(1) "Person" means individual, corporation, government
or governmental subdivision or agency, business trust, estate,
trust, partnership or association, or any other legal entity.
(2) "Educational institution" means any university,
college, community college, junior college, high school,
technical, vocational, or professional school, or similar
institution, wherever located, which has been accredited by
the Northwest Association of Higher and Secondary Institutions or approved by the state agency having regulatory
powers over the class of schools to which the school belongs, or accredited or approved by the appropriate official,
department, or agency of the state in which the institution is
located.
(3) "Educational loan" means a loan or other aid or
assistance for the purpose of furthering the obligor’s education at an educational institution. [1970 ex.s. c 4 § 1.]
Student financial aid program: RCW 28B.10.800 through 28B.10.824.
(2002 Ed.)
26.30.020 Minors—Contracts—Educational purposes—Enforceability. Any written obligation signed by a
minor sixteen or more years of age in consideration of an
educational loan received by him from any person is
enforceable as if he were an adult at the time of execution,
but only if prior to the making of the educational loan an
educational institution has certified in writing to the person
making the educational loan that the minor is enrolled, or
has been accepted for enrollment, in the educational institution. [1970 ex.s. c 4 § 2.]
Contracts of minors, disaffirmance: RCW 26.28.030.
26.30.900 Uniformity of interpretation. This chapter
shall be so interpreted and construed as to effectuate its
general purpose to make uniform the law of those states
which enact it. [1970 ex.s. c 4 § 3.]
26.30.910 Short title. This chapter may be cited as
the "Uniform Minor Student Capacity to Borrow Act."
[1970 ex.s. c 4 § 4.]
26.30.920 Effective date—1970 ex.s. c 4. This
chapter shall take effect on July 1, 1970. [1970 ex.s. c 4 §
5.]
Chapter 26.33
ADOPTION
Sections
26.33.010
26.33.020
26.33.030
26.33.040
26.33.045
Definitions.
Minors—Contracts—Educational purposes—Enforceability.
Uniformity of interpretation.
Short title.
Effective date—1970 ex.s. c 4.
26.28.080
26.33.050
26.33.060
26.33.070
26.33.080
26.33.090
26.33.100
26.33.110
26.33.120
26.33.130
26.33.140
26.33.150
26.33.160
26.33.170
26.33.180
26.33.190
26.33.200
26.33.210
26.33.220
Intent.
Definitions.
Petitions—Place of filing—Consolidation of petitions and
hearings.
Petitions—Statements and findings about Indian Child Welfare Act and Soldiers and Sailors Civil Relief Act required.
Delay or denial of adoption on basis of race, color, or national origin prohibited—Consideration in placement—
Exception.
Validity of consents, relinquishments, or orders of termination from other jurisdictions—Burden of proof.
Hearings—Procedure—Witnesses.
Appointment of guardian ad litem—When required—
Payment of fees.
Petition for relinquishment—Filing—Written consent required.
Petition for relinquishment—Hearing—Temporary custody
order—Notice—Order of relinquishment.
Petition for termination—Who may file—Contents—Time.
Petition for termination—Time and place of hearing—Notice
of hearing and petition—Contents.
Termination—Grounds—Failure to appear.
Termination order—Effect.
Who may adopt or be adopted.
Petition for adoption—Filing—Contents—Preplacement
report required.
Consent to adoption—When revocable—Procedure.
Consent to adoption—When not required.
Preplacement report required before placement with adoptive
parents—Exception.
Preplacement report—Requirements—Fees.
Post-placement report—Requirements—Exception—Fees.
Preplacement or post-placement report—Department or
agency may make report.
Preplacement and post-placement reports—When not required.
[Title 26 RCW—page 121]
Chapter 26.33
Title 26 RCW: Domestic Relations
26.33.230
Notice of proceedings at which preplacement reports considered—Contents—Proof of service—Appearance—
Waiver.
26.33.240 Petition for adoption—Hearing—Notice—Disposition.
26.33.250 Decree of adoption—Determination of place and date of
birth.
26.33.260 Decree of adoption—Effect—Accelerated appeal—Limited
grounds to challenge—Intent.
26.33.270 Decree of adoption—Protection of certain rights and benefits.
26.33.280 Decree of adoption—Transmittal to state registrar of vital
statistics.
26.33.290 Decree of adoption—Duties of state registrar of vital statistics.
26.33.295 Open adoption agreements—Agreed orders—Enforcement.
26.33.300 Adoption statistical data.
26.33.310 Notice—Requirements—Waiver.
26.33.320 Adoption of hard to place children—Court’s consideration
of state’s agreement with prospective adoptive parents.
26.33.330 Records sealed—Inspection—Fee.
26.33.340 Department, agency, and court files confidential—Limited
disclosure of information.
26.33.343 Search for birth parent or adopted child—Confidential intermediary.
26.33.345 Search for birth parent or adopted child—Limited release of
information—Noncertified copies of original birth certificate.
26.33.347 Consent or refusal to release adoptee’s identifying information—Desire to be contacted—Certified statement.
26.33.350 Medical reports—Requirements.
26.33.360 Petition by natural parent to set aside adoption—Costs—
Time limit.
26.33.370 Permanent care and custody of a child—Assumption, relinquishment, or transfer except by court order or statute,
when prohibited—Penalty.
26.33.380 Family and social history report required—Identity of birth
parents confidential.
26.33.385 Standards for locating records and information—Rules.
26.33.390 Information on adoption-related services.
26.33.400 Advertisements—Prohibitions—Exceptions—Application of
consumer protection act.
26.33.410 Advertisements—Exemption.
26.33.900 Effective date—Application—1984 c 155.
26.33.901 Severability—1984 c 155.
Child selling and child buying, class C felony: RCW 9A.64.030.
Dependent and delinquent children: Title 13 RCW.
Descent and distribution—Adopted children: Chapter 11.04 RCW.
Paternity, determination: Chapter 26.26 RCW.
Welfare agencies for children: Title 13 RCW.
26.33.010 Intent. The legislature finds that the
purpose of adoption is to provide stable homes for children.
Adoptions should be handled efficiently, but the rights of all
parties must be protected. The guiding principle must be determining what is in the best interest of the child. It is the
intent of the legislature that this chapter be used only as a
means for placing children in adoptive homes and not as a
means for parents to avoid responsibility for their children
unless the department, an agency, or a prospective adoptive
parent is willing to assume the responsibility for the child.
[1984 c 155 § 1.]
26.33.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Alleged father" means a person whose parent-child
relationship has not been terminated, who is not a presumed
father under chapter 26.26 RCW, and who alleges himself or
whom a party alleges to be the father of the child. It
[Title 26 RCW—page 122]
includes a person whose marriage to the mother was terminated more than three hundred days before the birth of the
child or who was separated from the mother more than three
hundred days before the birth of the child.
(2) "Child" means a person under eighteen years of age.
(3) "Adoptee" means a person who is to be adopted or
who has been adopted.
(4) "Adoptive parent" means the person or persons who
seek to adopt or have adopted an adoptee.
(5) "Court" means the superior court.
(6) "Department" means the department of social and
health services.
(7) "Agency" means any public or private association,
corporation, or individual licensed or certified by the
department as a child placing agency under chapter 74.15
RCW or as an adoption agency.
(8) "Parent" means the natural or adoptive mother or
father of a child, including a presumed father under chapter
26.26 RCW. It does not include any person whose parentchild relationship has been terminated by a court of competent jurisdiction.
(9) "Legal guardian" means the department, an agency,
or a person, other than a parent or stepparent, appointed by
the court to promote the child’s general welfare, with the
authority and duty to make decisions affecting the child’s
development.
(10) "Guardian ad litem" means a person, not related to
a party to the action, appointed by the court to represent the
best interests of a party who is under a legal disability.
(11) "Relinquish or relinquishment" means the voluntary
surrender of custody of a child to the department, an agency,
or prospective adoptive parents.
(12) "Individual approved by the court" or "qualified
salaried court employee" means a person who has a master’s
degree in social work or a related field and one year of
experience in social work, or a bachelor’s degree and two
years of experience in social work, and includes a person not
having such qualifications only if the court makes specific
findings of fact that are entered of record establishing that
the person has reasonably equivalent experience.
(13) "Birth parent" means the biological mother or
biological or alleged father of a child, including a presumed
father under chapter 26.26 RCW, whether or not any such
person’s parent-child relationship has been terminated by a
court of competent jurisdiction. "Birth parent" does not
include a biological mother or biological or alleged father,
including a presumed father under chapter 26.26 RCW, if the
parent-child relationship was terminated because of an act
for which the person was found guilty under chapter 9A.42
or 9A.44 RCW.
(14) "Nonidentifying information" includes, but is not
limited to, the following information about the birth parents,
adoptive parents, and adoptee:
(a) Age in years at the time of adoption;
(b) Heritage, including nationality, ethnic background,
and race;
(c) Education, including number of years of school
completed at the time of adoption, but not name or location
of school;
(d) General physical appearance, including height,
weight, color of hair, eyes, and skin, or other information of
a similar nature;
(2002 Ed.)
Adoption
(e) Religion;
(f) Occupation, but not specific titles or places of
employment;
(g) Talents, hobbies, and special interests;
(h) Circumstances leading to the adoption;
(i) Medical and genetic history of birth parents;
(j) First names;
(k) Other children of birth parents by age, sex, and
medical history;
(l) Extended family of birth parents by age, sex, and
medical history;
(m) The fact of the death, and age and cause, if known;
(n) Photographs;
(o) Name of agency or individual that facilitated the
adoption. [1993 c 81 § 1; 1990 c 146 § 1; 1984 c 155 § 2.]
26.33.030 Petitions—Place of filing—Consolidation
of petitions and hearings. (1) A petition under this chapter
may be filed in the superior court of the county in which the
petitioner is a resident or of the county in which the adoptee
is domiciled.
(2) A petition under this chapter may be consolidated
with any other petition under this chapter. A hearing under
this chapter may be consolidated with any other hearing
under this chapter. [1984 c 155 § 3.]
26.33.040 Petitions—Statements and findings about
Indian Child Welfare Act and Soldiers and Sailors Civil
Relief Act required. (1) Every petition filed in proceedings
under this chapter shall contain a statement alleging whether
the Indian Child Welfare Act, 25 U.S.C. Sec. 1901 et seq.,
applies to the proceeding. Every order or decree entered in
any proceeding under this chapter shall contain a finding that
the Indian Child Welfare Act does or does not apply. In
proceedings under this chapter, the adoption facilitator shall
file a sworn statement documenting efforts to determine
whether the Indian Child Welfare Act, 25 U.S.C. Sec. 1901
et seq., applies.
(2) Every petition filed in proceedings under this chapter
shall contain a statement alleging whether the Soldiers and
Sailors Civil Relief Act of 1940, 50 U.S.C. Sec. 501 et seq.
applies to the proceeding. Every order or decree entered in
any proceeding under this chapter shall contain a finding that
the Soldiers and Sailors Civil Relief Act of 1940 does or
does not apply. [1991 c 136 § 1; 1984 c 155 § 4.]
26.33.045 Delay or denial of adoption on basis of
race, color, or national origin prohibited—Consideration
in placement—Exception. An adoption shall not be
delayed or denied on the basis of the race, color, or national
origin of the adoptive parent or the child involved. However, when the department or an agency considers whether a
placement option is in a child’s best interests, the department
or agency may consider the cultural, ethnic, or racial
background of the child and the capacity of prospective
adoptive parents to meet the needs of a child of this background. This provision shall not apply to or affect the
application of the Indian Child Welfare Act of 1978, 25
U.S.C. Sec. 1901 et seq. [1995 c 270 § 8.]
Finding—1995 c 270: See note following RCW 74.13.118.
(2002 Ed.)
26.33.020
26.33.050 Validity of consents, relinquishments, or
orders of termination from other jurisdictions—Burden
of proof. Any consent, relinquishment, or order of termination that would be valid in the jurisdiction in which it was
executed or obtained, and which comports with due process
of law, is valid in Washington state, but the burden of proof
as to validity and compliance is on the petitioner. [1984 c
155 § 5.]
26.33.060 Hearings—Procedure—Witnesses. All
hearings under this chapter shall be heard by the court
without a jury. Unless the parties and the court agree
otherwise, proceedings of contested hearings shall be recorded. The general public shall be excluded and only those
persons shall be admitted whose presence is requested by
any person entitled to notice under this chapter or whom the
judge finds to have a direct interest in the case or in the
work of the court. Persons so admitted shall not disclose
any information obtained at the hearing which would identify
the individual adoptee or parent involved. The court may
require the presence of witnesses deemed necessary to the
disposition of the petition, including persons making any
report, study, or examination which is before the court if
those persons are reasonably available. A person who has
executed a valid waiver need not appear at the hearing. If
the court finds that it is in the child’s best interest, the child
may be excluded from the hearing. [1984 c 155 § 6.]
26.33.070 Appointment of guardian ad litem—
When required—Payment of fees. (1) The court shall
appoint a guardian ad litem for any parent or alleged father
under eighteen years of age in any proceeding under this
chapter. The court may appoint a guardian ad litem for a
child adoptee or any incompetent party in any proceeding
under this chapter. The guardian ad litem for a parent or
alleged father, in addition to determining what is in the best
interest of the party, shall make an investigation and report
to the court concerning whether any written consent to
adoption or petition for relinquishment signed by the parent
or alleged father was signed voluntarily and with an understanding of the consequences of the action.
(2) The county in which a petition is filed shall pay the
fees of a guardian ad litem or attorney appointed under this
chapter. [1984 c 155 § 7.]
26.33.080 Petition for relinquishment—Filing—
Written consent required. (1) A parent, an alleged father,
the department, or an agency may file with the court a petition to relinquish a child to the department or an agency.
The parent’s or alleged father’s written consent to adoption
shall accompany the petition. The written consent of the
department or the agency to assume custody shall be filed
with the petition.
(2) A parent, alleged father, or prospective adoptive
parent may file with the court a petition to relinquish a child
to the prospective adoptive parent. The parent’s or alleged
father’s written consent to adoption shall accompany the
petition. The written consent of the prospective adoptive
parent to assume custody shall be filed with the petition.
The identity of the prospective adoptive parent need not be
disclosed to the petitioner.
[Title 26 RCW—page 123]
26.33.080
Title 26 RCW: Domestic Relations
(3) A petition for relinquishment, together with the
written consent to adoption, may be filed before the child’s
birth. If the child is an Indian child as defined in 25 U.S.C.
Sec. 1903(4), the petition and consent shall not be signed
until at least ten days after the child’s birth and shall be
recorded before a court of competent jurisdiction pursuant to
25 U.S.C. Sec. 1913(a). [1987 c 170 § 3; 1985 c 421 § 1;
1984 c 155 § 8.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.090 Petition for relinquishment—Hearing—
Temporary custody order—Notice—Order of relinquishment. (1) The court shall set a time and place for a hearing
on the petition for relinquishment. The hearing may not be
held sooner than forty-eight hours after the child’s birth or
the signing of all necessary consents to adoption, whichever
is later. However, if the child is an Indian child, the hearing
shall not be held sooner than ten days after the child’s birth,
and no consent shall be valid unless signed at least ten days
after the child’s birth and recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a). Except
where the child is an Indian child, the court may enter a
temporary order giving custody of the child to the prospective adoptive parent, if a preplacement report has been filed,
or to the department or agency to whom the child will be
relinquished pending the court’s hearing on the petition. If
the child is an Indian child, the court may enter a temporary
custody order under this subsection only if the requirements
of 25 U.S.C. Sec. 1913(a) regarding voluntary foster care
placement have been satisfied.
(2) Notice of the hearing shall be served on any
relinquishing parent or alleged father, and the department or
agency in the manner prescribed by RCW 26.33.310. If the
child is an Indian child, notice of the hearing shall also be
served on the child’s tribe in the manner prescribed by RCW
26.33.310.
(3) The court may require the parent to appear personally and enter his or her consent to adoption on the record.
However, if the child is an Indian child, the court shall
require the consenting parent to appear personally before a
court of competent jurisdiction to enter on the record his or
her consent to the relinquishment or adoption. The court
shall determine that any written consent has been validly
executed, and if the child is an Indian child, such court shall
further certify that the requirements of 25 U.S.C. Sec.
1913(a) have been satisfied. If the court determines it is in
the best interests of the child, the court shall approve the
petition for relinquishment.
(4) If the court approves the petition, it shall award
custody of the child to the department, agency, or prospective adoptive parent, who shall be appointed legal guardian.
The legal guardian shall be financially responsible for
support of the child until further order of the court. The
court shall also enter an order pursuant to RCW 26.33.130
terminating the parent-child relationship of the parent and the
child.
(5) An order of relinquishment to an agency or the
department shall include an order authorizing the agency to
place the child with a prospective adoptive parent. [1987 c
170 § 4; 1985 c 421 § 2; 1984 c 155 § 9.]
Severability—1987 c 170: See note following RCW 13.04.030.
[Title 26 RCW—page 124]
26.33.100 Petition for termination—Who may file—
Contents—Time. (1) A petition for termination of the
parent-child relationship of a parent or alleged father who
has not executed a written consent to adoption may be filed
by:
(a) The department or an agency;
(b) The prospective adoptive parent to whom a child has
been or may be relinquished if the prospective adoptive
parent has filed or consented to a petition for relinquishment;
or
(c) The prospective adoptive parent if he or she seeks to
adopt the child of his or her spouse.
(2) The petition for termination of the parent-child
relationship shall contain a statement of facts identifying the
petitioner, the parents, the legal guardian, a guardian ad litem
for a party, any alleged father, and the child. The petition
shall state the facts forming the basis for the petition and
shall be signed under penalty of perjury or be verified.
(3) The petition may be filed before the child’s birth.
[1985 c 421 § 3; 1984 c 155 § 10.]
26.33.110 Petition for termination—Time and place
of hearing—Notice of hearing and petition—Contents.
(1) The court shall set a time and place for a hearing on the
petition for termination of the parent-child relationship,
which shall not be held sooner than forty-eight hours after
the child’s birth. However, if the child is an Indian child,
the hearing shall not be held sooner than ten days after the
child’s birth and the time of the hearing shall be extended up
to twenty additional days from the date of the scheduled
hearing upon the motion of the parent, Indian custodian, or
the child’s tribe.
(2) Notice of the hearing shall be served on the petitioner, the nonconsenting parent or alleged father, the legal
guardian of a party, and the guardian ad litem of a party, in
the manner prescribed by RCW 26.33.310. If the child is an
Indian child, notice of the hearing shall also be served on the
child’s tribe in the manner prescribed by 25 U.S.C. Sec.
1912(a).
(3) Except as otherwise provided in this section, the
notice of the petition shall:
(a) State the date and place of birth. If the petition is
filed prior to birth, the notice shall state the approximate date
and location of conception of the child and the expected date
of birth, and shall identify the mother;
(b) Inform the nonconsenting parent or alleged father
that: (i) He or she has a right to be represented by counsel
and that counsel will be appointed for an indigent person
who requests counsel; and (ii) failure to respond to the
termination action within twenty days of service if served
within the state or thirty days if served outside of this state,
will result in the termination of his or her parent-child
relationship with respect to the child;
(c) Inform an alleged father that failure to file a claim
of paternity under chapter 26.26 RCW or to respond to the
petition, within twenty days of the date of service of the
petition is grounds to terminate his parent-child relationship
with respect to the child;
(d) Inform an alleged father of an Indian child that if he
acknowledges paternity of the child or if his paternity of the
child is established prior to the termination of the parent(2002 Ed.)
Adoption
child relationship, that his parental rights may not be
terminated unless he: (i) Gives valid consent to termination,
or (ii) his parent-child relationship is terminated involuntarily
pursuant to chapter 26.33 or 13.34 RCW. [1995 c 270 § 5;
1987 c 170 § 5; 1985 c 421 § 4; 1984 c 155 § 11.]
Finding—1995 c 270: See note following RCW 74.13.118.
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.120 Termination—Grounds—Failure to
appear. (1) Except in the case of an Indian child and his or
her parent, the parent-child relationship of a parent may be
terminated upon a showing by clear, cogent, and convincing
evidence that it is in the best interest of the child to terminate the relationship and that the parent has failed to
perform parental duties under circumstances showing a substantial lack of regard for his or her parental obligations and
is withholding consent to adoption contrary to the best
interest of the child.
(2) Except in the case of an Indian child and his or her
alleged father, the parent-child relationship of an alleged
father who appears and claims paternity may be terminated
upon a showing by clear, cogent, and convincing evidence
that it is in the best interest of the child to terminate the relationship and that:
(a) The alleged father has failed to perform parental
duties under circumstances showing a substantial lack of
regard for his parental obligations and is withholding consent
to adoption contrary to the best interest of the child; or
(b) He is not the father.
(3) The parent-child relationship of a parent or an
alleged father may be terminated if the parent or alleged
father fails to appear after being notified of the hearing in
the manner prescribed by RCW 26.33.310.
(4) The parent-child relationship of an Indian child and
his or her parent or alleged father where paternity has been
claimed or established, may be terminated only pursuant to
the standards set forth in 25 U.S.C. Sec. 1912(f). [1987 c
170 § 6; 1984 c 155 § 12.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.130 Termination order—Effect. (1) If the
court determines, after a hearing, that the parent-child
relationship should be terminated pursuant to RCW
26.33.090 or 26.33.120, the court shall enter an appropriate
order terminating the parent-child relationship.
(2) An order terminating the parent-child relationship
divests the parent and the child of all legal rights, powers,
privileges, immunities, duties, and obligations with respect
to each other except past-due child support obligations owed
by the parent.
(3) The parent-child relationship may be terminated with
respect to one parent without affecting the parent-child
relationship between the child and the other parent.
(4) The parent or alleged father whose parent-child
relationship with the child has been terminated is not
thereafter entitled to notice of proceedings for the adoption
of the child by another, nor has the parent or alleged father
any right to contest the adoption or otherwise to participate
in the proceedings unless an appeal from the termination
order is pending or unless otherwise ordered by the court.
[1984 c 155 § 13.]
(2002 Ed.)
26.33.110
26.33.140 Who may adopt or be adopted. (1) Any
person may be adopted, regardless of his or her age or
residence.
(2) Any person who is legally competent and who is
eighteen years of age or older may be an adoptive parent.
[1984 c 155 § 14.]
26.33.150 Petition for adoption—Filing—Contents—
Preplacement report required. (1) An adoption proceeding
is initiated by filing with the court a petition for adoption.
The petition shall be filed by the prospective adoptive parent.
(2) A petition for adoption shall contain the following
information:
(a) The name and address of the petitioner;
(b) The name, if any, gender, and place and date of
birth, if known, of the adoptee;
(c) A statement that the child is or is not an Indian child
covered by the Indian Child Welfare Act; and
(d) The name and address of the department or any
agency, legal guardian, or person having custody of the
child.
(3) The written consent to adoption of any person, the
department, or agency which has been executed shall be filed
with the petition.
(4) The petition shall be signed under penalty of perjury
by the petitioner. If the petitioner is married, the petitioner’s
spouse shall join in the petition.
(5) If a preplacement report prepared pursuant to RCW
26.33.190 has not been previously filed with the court, the
preplacement report shall be filed with the petition for
adoption. [1984 c 155 § 15.]
26.33.160 Consent to adoption—When revocable—
Procedure. (1) Except as otherwise provided in RCW
26.33.170, consent to an adoption shall be required of the
following if applicable:
(a) The adoptee, if fourteen years of age or older;
(b) The parents and any alleged father of an adoptee
under eighteen years of age;
(c) An agency or the department to whom the adoptee
has been relinquished pursuant to RCW 26.33.080; and
(d) The legal guardian of the adoptee.
(2) Except as otherwise provided in subsection (4)(h) of
this section, consent to adoption is revocable by the consenting party at any time before the consent is approved by the
court. The revocation may be made in either of the following ways:
(a) Written revocation may be delivered or mailed to the
clerk of the court before approval; or
(b) Written revocation may be delivered or mailed to the
clerk of the court after approval, but only if it is delivered or
mailed within forty-eight hours after a prior notice of
revocation that was given within forty-eight hours after the
birth of the child. The prior notice of revocation shall be
given to the agency or person who sought the consent and
may be either oral or written.
(3) Except as provided in subsections (2)(b) and (4)(h)
of this section and in this subsection, a consent to adoption
may not be revoked after it has been approved by the court.
Within one year after approval, a consent may be revoked
for fraud or duress practiced by the person, department, or
[Title 26 RCW—page 125]
26.33.160
Title 26 RCW: Domestic Relations
agency requesting the consent, or for lack of mental competency on the part of the person giving the consent at the time
the consent was given. A written consent to adoption may
not be revoked more than one year after it is approved by
the court.
(4) Except as provided in (h) of this subsection, the
written consent to adoption shall be signed under penalty of
perjury and shall state that:
(a) It is given subject to approval of the court;
(b) It has no force or effect until approved by the court;
(c) The birth parent is or is not of Native American or
Alaska native ancestry;
(d) The consent will not be presented to the court until
forty-eight hours after it is signed or forty-eight hours after
the birth of the child, whichever occurs later;
(e) It is revocable by the consenting party at any time
before its approval by the court. It may be revoked in either
of the following ways:
(i) Written revocation may be delivered or mailed to the
clerk of the court before approval of the consent by the
court; or
(ii) Written revocation may be delivered or mailed to
the clerk of the court after approval, but only if it is delivered or mailed within forty-eight hours after a prior notice of
revocation that was given within forty-eight hours after the
birth of the child. The prior notice of revocation shall be
given to the agency or person who sought the consent and
may be either oral or written;
(f) The address of the clerk of court where the consent
will be presented is included;
(g) Except as provided in (h) of this subsection, after it
has been approved by the court, the consent is not revocable
except for fraud or duress practiced by the person, department, or agency requesting the consent or for lack of mental
competency on the part of the person giving the consent at
the time the consent was given. A written consent to
adoption may not be revoked more than one year after it is
approved by the court;
(h) In the case of a consent to an adoption of an Indian
child, no consent shall be valid unless the consent is executed in writing more than ten days after the birth of the child
and unless the consent is recorded before a court of competent jurisdiction pursuant to 25 U.S.C. Sec. 1913(a).
Consent may be withdrawn for any reason at any time prior
to the entry of the final decree of adoption. Consent may be
withdrawn for fraud or duress within two years of the entry
of the final decree of adoption. Revocation of the consent
prior to a final decree of adoption, may be delivered or
mailed to the clerk of the court or made orally to the court
which shall certify such revocation. Revocation of the
consent is effective if received by the clerk of the court prior
to the entry of the final decree of adoption or made orally to
the court at any time prior to the entry of the final decree of
adoption. Upon withdrawal of consent, the court shall return
the child to the parent unless the child has been taken into
custody pursuant to RCW 13.34.050 or 26.44.050, placed in
shelter care pursuant to RCW 13.34.060, or placed in foster
care pursuant to RCW 13.34.130; and
(i) The following statement has been read before signing
the consent:
[Title 26 RCW—page 126]
I understand that my decision to relinquish the
child is an extremely important one, that the legal
effect of this relinquishment will be to take from
me all legal rights and obligations with respect to
the child, and that an order permanently terminating
all of my parental rights to the child will be entered. I also understand that there are social
services and counseling services available in the
community, and that there may be financial assistance available through state and local governmental agencies.
(5) A written consent to adoption which meets all the
requirements of this chapter but which does not name or
otherwise identify the adopting parent is valid if it contains
a statement that it is voluntarily executed without disclosure
of the name or other identification of the adopting parent.
(6) There must be a witness to the consent of the parent
or alleged father. The witness must be at least eighteen
years of age and selected by the parent or alleged father.
The consent document shall contain a statement identifying
by name, address, and relationship the witness selected by
the parent or alleged father. [1991 c 136 § 2; 1990 c 146 §
2; 1987 c 170 § 7; 1985 c 421 § 5; 1984 c 155 § 16.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.170 Consent to adoption—When not required.
(1) An agency’s, the department’s, or a legal guardian’s
consent to adoption may be dispensed with if the court
determines by clear, cogent and convincing evidence that the
proposed adoption is in the best interests of the adoptee.
(2) An alleged father’s, birth parent’s, or parent’s
consent to adoption may be dispensed with if the court finds
that the proposed adoption is in the best interests of the
adoptee and:
(a) The alleged father, birth parent, or parent has been
found guilty of rape under chapter 9A.44 RCW or incest
under RCW 9A.64.020, where the adoptee was the victim of
the rape or incest; or
(b) The alleged father, birth parent, or parent has been
found guilty of rape under chapter 9A.44 RCW or incest
under RCW 9A.64.020, where the other parent of the
adoptee was the victim of the rape or incest and the adoptee
was conceived as a result of the rape or incest.
(3) Nothing in this section shall be construed to eliminate the notice provisions of this chapter. [1999 c 173 § 1;
1988 c 203 § 1; 1984 c 155 § 17.]
Severability—1999 c 173: See note following RCW 13.34.125.
26.33.180 Preplacement report required before
placement with adoptive parents—Exception. Except as
provided in RCW 26.33.220, a child shall not be placed with
prospective adoptive parents until a preplacement report has
been filed with the court. [1984 c 155 § 18.]
26.33.190 Preplacement report—Requirements—
Fees. (1) Any person may at any time request an agency,
the department, an individual approved by the court, or a
qualified salaried court employee to prepare a preplacement
report. A certificate signed under penalty of perjury by the
person preparing the report specifying his or her quali(2002 Ed.)
Adoption
fications as required in this chapter shall be attached to or
filed with each preplacement report and shall include a
statement of training or experience that qualifies the person
preparing the report to discuss relevant adoption issues. A
person may have more than one preplacement report prepared. All preplacement reports shall be filed with the court
in which the petition for adoption is filed.
(2) The preplacement report shall be a written document
setting forth all relevant information relating to the fitness of
the person requesting the report as an adoptive parent. The
report shall be based on a study which shall include an
investigation of the home environment, family life, health,
facilities, and resources of the person requesting the report.
The report shall include a list of the sources of information
on which the report is based. The report shall include a
recommendation as to the fitness of the person requesting the
report to be an adoptive parent. The report shall also verify
that the following issues were discussed with the prospective
adoptive parents:
(a) The concept of adoption as a lifelong developmental
process and commitment;
(b) The potential for the child to have feelings of
identity confusion and loss regarding separation from the
birth parents;
(c) Disclosure of the fact of adoption to the child;
(d) The child’s possible questions about birth parents
and relatives; and
(e) The relevance of the child’s racial, ethnic, and
cultural heritage.
(3) All preplacement reports shall include an investigation of the conviction record, pending charges, or disciplinary board final decisions of prospective adoptive parents.
The investigation shall include an examination of state and
national criminal identification data provided by the Washington state patrol criminal identification system as described
in chapter 43.43 RCW.
(4) An agency, the department, or a court approved
individual may charge a reasonable fee based on the time
spent in conducting the study and preparing the preplacement
report. The court may set a reasonable fee for conducting
the study and preparing the report when a court employee
has prepared the report. An agency, the department, a court
approved individual, or the court may reduce or waive the
fee if the financial condition of the person requesting the
report so warrants. An agency’s, the department’s, or court
approved individual’s, fee is subject to review by the court
upon request of the person requesting the report.
(5) The person requesting the report shall designate to
the agency, the department, the court approved individual, or
the court in writing the county in which the preplacement
report is to be filed. If the person requesting the report has
not filed a petition for adoption, the report shall be indexed
in the name of the person requesting the report and a cause
number shall be assigned. A fee shall not be charged for
filing the report. The applicable filing fee may be charged
at the time a petition governed by this chapter is filed. Any
subsequent preplacement reports shall be filed together with
the original report.
(6) A copy of the completed preplacement report shall
be delivered to the person requesting the report.
(2002 Ed.)
26.33.190
(7) A person may request that a report not be completed. A reasonable fee may be charged for the value of work
done. [1991 c 136 § 3; 1990 c 146 § 3; 1984 c 155 § 19.]
26.33.200 Post-placement report—Requirements—
Exception—Fees. (1) Except as provided in RCW
26.33.220, at the time the petition for adoption is filed, the
court shall order a post-placement report made to determine
the nature and adequacy of the placement and to determine
if the placement is in the best interest of the child. The
report shall be prepared by an agency, the department, an
individual approved by the court, or a qualified salaried court
employee appointed by the court. A certificate signed under
penalty of perjury by the person preparing the report
specifying his or her qualifications as required in this chapter
shall be attached to or filed with each post-placement report.
The report shall be in writing and contain all reasonably
available information concerning the physical and mental
condition of the child, home environment, family life, health,
facilities and resources of the petitioners, and any other facts
and circumstances relating to the propriety and advisability
of the adoption. The report shall also include, if relevant,
information on the child’s special cultural heritage, including
membership in any Indian tribe or band. The report shall be
filed within sixty days of the date of appointment, unless the
time is extended by the court. The preplacement report shall
be made available to the person appointed to make the postplacement report.
(2) A fee may be charged for preparation of the postplacement report in the same manner as for a preplacement
report under RCW 26.33.190. [1990 c 146 § 4; 1984 c 155
§ 20.]
26.33.210 Preplacement or post-placement report—
Department or agency may make report. The department
or an agency having the custody of a child may make the
preplacement or post-placement report on a petitioner for the
adoption of that child. [1984 c 155 § 21.]
26.33.220 Preplacement and post-placement reports—When not required. Unless otherwise ordered by
the court, the reports required by RCW 26.33.190 are not
required if the petitioner seeks to adopt the child of the
petitioner’s spouse. The reports required by RCW 26.33.190
and 26.33.200 are not required if the adoptee is eighteen
years of age or older. [1984 c 155 § 22.]
26.33.230 Notice of proceedings at which
preplacement reports considered—Contents—Proof of
service—Appearance—Waiver. The petitioner shall give
not less than three days written notice of any proceeding at
which a preplacement report will be considered to all
agencies, any court approved individual, or any court
employee requested by the petitioner to make a preplacement
report. The notice shall state the name of the petitioner, the
cause number of the proceeding, the time and place of the
hearing, and the object of the hearing. Proof of service on
the agency or court approved individual in form satisfactory
to the court shall be furnished. The agency or court approved individual may appear at the hearing and give testimony concerning any matters relevant to the relinquishment
[Title 26 RCW—page 127]
26.33.230
Title 26 RCW: Domestic Relations
or the adoption and its recommendation as to the fitness of
petitioners as parents. The agency or court approved
individual may in writing acknowledge notice and state to
the court that the agency or court approved individual does
not desire to participate in the hearing or the agency or
court approved individual may in writing waive notice of
any hearing. [1984 c 155 § 24.]
26.33.240 Petition for adoption—Hearing—Notice—
Disposition. (1) After the reports required by RCW
26.33.190 and 26.33.200 have been filed, the court shall
schedule a hearing on the petition for adoption upon request
of the petitioner for adoption. Notice of the date, time, and
place of hearing shall be given to the petitioner and any
person or agency whose consent to adoption is required
under RCW 26.33.160, unless the person or agency has
waived in writing the right to receive notice of the hearing.
If the child is an Indian child, notice shall also be given to
the child’s tribe. Notice shall be given in the manner prescribed by RCW 26.33.310.
(2) Notice of the adoption hearing shall also be given to
any person who or agency which has prepared a
preplacement report. The notice shall be given in the
manner prescribed by RCW 26.33.230.
(3) If the court determines, after review of the petition,
preplacement and post-placement reports, and other evidence
introduced at the hearing, that all necessary consents to
adoption are valid or have been dispensed with pursuant to
RCW 26.33.170 and that the adoption is in the best interest
of the adoptee, and, in the case of an adoption of an Indian
child, that the adoptive parents are within the placement
preferences of 25 U.S.C. Sec. 1915 or good cause to the
contrary has been shown on the record, the court shall enter
a decree of adoption pursuant to RCW 26.33.250.
(4) If the court determines the petition should not be
granted because the adoption is not in the best interest of the
child, the court shall make appropriate provision for the care
and custody of the child. [1987 c 170 § 8; 1984 c 155 §
23.]
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.250 Decree of adoption—Determination of
place and date of birth. (1) A decree of adoption shall
provide, as a minimum, the following information:
(a) The full original name of the person to be adopted;
(b) The full name of each petitioner for adoption;
(c) Whether the petitioner or petitioners are husband and
wife, stepparent, or a single parent;
(d) The full new name of the person adopted, unless the
name of the adoptee is not to be changed;
(e) Information to be incorporated in any new certificate
of birth to be issued by the state or territorial registrar of
vital records; and
(f) The adoptee’s date of birth and place of birth as
determined under subsection (3) of this section.
(2) Except for the names of the person adopted and the
petitioner, information set forth in the decree that differs
from that shown on the original birth certificate, alternative
birth record, or other information used in lieu of such a
record shall be included in the decree only upon a clear
[Title 26 RCW—page 128]
showing that the information in the original record is erroneous.
(3) In determining the date and place of birth of a
person born outside the United States, the court shall:
(a) If available, enter in the decree the exact date and
place of birth as stated in the birth certificate from the
country of origin or in the United States department of
state’s report of birth abroad or in the documents of the
United States immigration and naturalization service;
(b) If the exact place of birth is unknown, enter in the
decree such information as may be known and designate a
place of birth in the country of origin;
(c) If the exact date of birth is unknown, determine a
date of birth based upon medical testimony as to the probable chronological age of the adoptee and other evidence
regarding the adoptee’s age that the court finds appropriate
to consider;
(d) In any other case where documents of the United
States immigration and naturalization service are not available, the court shall determine the date and place of birth
based upon such evidence as the court in its discretion
determines appropriate. [1984 c 155 § 25.]
26.33.260 Decree of adoption—Effect—Accelerated
appeal—Limited grounds to challenge—Intent. (1) The
entry of a decree of adoption divests any parent or alleged
father who is not married to the adoptive parent or who has
not joined in the petition for adoption of all legal rights and
obligations in respect to the adoptee, except past-due child
support obligations. The adoptee shall be free from all legal
obligations of obedience and maintenance in respect to the
parent. The adoptee shall be, to all intents and purposes,
and for all legal incidents, the child, legal heir, and lawful
issue of the adoptive parent, entitled to all rights and
privileges, including the right of inheritance and the right to
take under testamentary disposition, and subject to all the
obligations of a natural child of the adoptive parent.
(2) Any appeal of an adoption decree shall be decided
on an accelerated review basis.
(3) Except as otherwise provided in RCW 26.33.160 (3)
and (4)(h), no person may challenge an adoption decree on
the grounds of:
(a) A person claiming or alleging paternity subsequently
appears and alleges lack of prior notice of the proceeding; or
(b) The adoption proceedings were in any other manner
defective.
(4) It is the intent of the legislature that this section provide finality for adoptive placements and stable homes for
children. [1995 c 270 § 7; 1984 c 155 § 26.]
Finding—1995 c 270: See note following RCW 74.13.118.
Inheritance by adopted child: RCW 11.04.085.
26.33.270 Decree of adoption—Protection of certain
rights and benefits. An order or decree entered under this
chapter shall not disentitle a child to any benefit due the
child from any third person, agency, state, or the United
States. Action under this chapter shall not affect any rights
and benefits that a native American child derives from the
child’s descent from a member of an Indian tribe or band.
[1984 c 155 § 27.]
(2002 Ed.)
Adoption
26.33.280 Decree of adoption—Transmittal to state
registrar of vital statistics. After a decree of adoption is
entered, as soon as the time for appeal has expired, or if an
appeal is taken, and the adoption is affirmed on appeal, the
clerk of the court shall transmit to the state registrar of vital
statistics a certified copy of the decree, along with any
additional information and fees required by the registrar.
[1984 c 155 § 28.]
26.33.290 Decree of adoption—Duties of state
registrar of vital statistics. Upon receipt of a decree of
adoption, the state registrar of vital statistics shall:
(1) Return the decree to the court clerk if all information required by RCW 26.33.250 is not included in the
decree;
(2) If the adoptee was born in a state other than Washington, or in a territory of the United States, forward the
certificate of adoption to the appropriate health record
recording agency of the state or territory of the United States
in which the birth occurred;
(3) If the adoptee was born outside of the United States
or its territories, issue a new certificate of birth by the office
of the state registrar of vital statistics which reflects the
information contained in the decree. [1984 c 155 § 29.]
Vital statistics: Chapter 70.58 RCW.
26.33.295 Open adoption agreements—Agreed
orders—Enforcement. (1) Nothing in this chapter shall be
construed to prohibit the parties to a proceeding under this
chapter from entering into agreements regarding communication with or contact between child adoptees, adoptive
parents, and a birth parent or parents.
(2) Agreements regarding communication with or
contact between child adoptees, adoptive parents, and a birth
parent or parents shall not be legally enforceable unless the
terms of the agreement are set forth in a written court order
entered in accordance with the provisions of this section.
The court shall not enter a proposed order unless the terms
of such order have been approved in writing by the prospective adoptive parents, any birth parent whose parental rights
have not previously been terminated, and, if the child is in
the custody of the department or a licensed child-placing
agency, a representative of the department or child-placing
agency. If the child is represented by an attorney or
guardian ad litem in a proceeding under this chapter or in
any other child-custody proceeding, the terms of the proposed order also must be approved in writing by the child’s
representative. An agreement under this section need not
disclose the identity of the parties to be legally enforceable.
The court shall not enter a proposed order unless the court
finds that the communication or contact between the child
adoptee, the adoptive parents, and a birth parent or parents
as agreed upon and as set forth in the proposed order, would
be in the child adoptee’s best interests.
(3) Failure to comply with the terms of an agreed order
regarding communication or contact that has been entered by
the court pursuant to this section shall not be grounds for
setting aside an adoption decree or revocation of a written
consent to an adoption after that consent has been approved
by the court as provided in this chapter.
(2002 Ed.)
26.33.280
(4) An agreed order entered pursuant to this section may
be enforced by a civil action and the prevailing party in that
action may be awarded, as part of the costs of the action, a
reasonable amount to be fixed by the court as attorneys’
fees. The court shall not modify an agreed order under this
section unless it finds that the modification is necessary to
serve the best interests of the child adoptee, and that: (a)
The modification is agreed to by the adoptive parent and the
birth parent or parents; or (b) exceptional circumstances have
arisen since the agreed order was entered that justify
modification of the order. [1990 c 285 § 4.]
Findings—Purpose—Severability—1990 c 285: See notes following
RCW 74.04.005.
26.33.300 Adoption statistical data. The department
of health shall be a depository for statistical data concerning
adoption. It shall furnish to the clerk of each county a data
card which shall be completed and filed with the clerk on
behalf of each petitioner. The clerk shall forward the
completed cards to the department of health which shall
compile the data and publish reports summarizing the data.
A birth certificate shall not be issued showing the petitioner
as the parent of any child adopted in the state of Washington
until a data card has been completed and filed. [1991 c 3 §
288; 1990 c 146 § 5; 1984 c 155 § 30.]
26.33.310 Notice—Requirements—Waiver. (1)
Petitions governed by this chapter shall be served in the
manner as set forth in the superior court civil rules. Subsequent notice, papers, and pleadings may be served in the
manner provided in superior court civil rules.
(2) If personal service on any parent or alleged father
who has not consented to the termination of his or her
parental rights can be given, the summons and notice of
hearing on the petition to terminate parental rights shall be
served at least twenty days before the hearing date if served
within the state or thirty days if served outside of this state.
(3) If personal service on the parent or any alleged
father, either within or without this state, cannot be given,
notice shall be given: (a) By first class and registered mail,
mailed at least thirty days before the hearing to the person’s
last known address; and (b) by publication at least once a
week for three consecutive weeks with the first publication
date at least thirty days before the hearing. Publication shall
be in a legal newspaper in the city or town of the last known
address within the United States and its territories of the
parent or alleged father, whether within or without this state,
or, if no address is known to the petitioner, publication shall
be in the city or town of the last known whereabouts within
the United States and its territories; or if no address or
whereabouts are known to the petitioner or the last known
address is not within the United States and its territories, in
the city or town where the proceeding has been commenced.
(4) Notice and appearance may be waived by the
department, an agency, a parent, or an alleged father before
the court or in a writing signed under penalty of perjury.
The waiver shall contain the current address of the department, agency, parent, or alleged father. The face of the
waiver for a hearing on termination of the parent-child
relationship shall contain language explaining the meaning
and consequences of the waiver and the meaning and conse[Title 26 RCW—page 129]
26.33.310
Title 26 RCW: Domestic Relations
quences of termination of the parent-child relationship. A
person or agency who has executed a waiver shall not be
required to appear except in the case of an Indian child
where consent to termination or adoption must be certified
before a court of competent jurisdiction pursuant to 25
U.S.C. Sec. 1913(a).
(5) If a person entitled to notice is known to the
petitioner to be unable to read or understand English, all
notices, if practicable, shall be given in that person’s native
language or through an interpreter.
(6) Where notice to an Indian tribe is to be provided
pursuant to this chapter and the department is not a party to
the proceeding, notice shall be given to the tribe at least ten
business days prior to the hearing by registered mail return
receipt requested. [1995 c 270 § 6; 1987 c 170 § 9; 1985 c
421 § 6; 1984 c 155 § 31.]
Finding—1995 c 270: See note following RCW 74.13.118.
Severability—1987 c 170: See note following RCW 13.04.030.
26.33.320 Adoption of hard to place children—
Court’s consideration of state’s agreement with prospective adoptive parents. (1) In deciding whether to grant a
petition for adoption of a hard to place child and in reviewing any request for the vacation or modification of a decree
of adoption, the superior court shall consider any agreement
made or proposed to be made between the department and
any prospective adoptive parent for any payment or payments which have been provided or which are to be provided
by the department in support of the adoption of such child.
Before the date of the hearing on the petition to adopt,
vacate, or modify an adoption decree, the department shall
file as part of the adoption file with respect to the child a
copy of any initial agreement, together with any changes
made in the agreement, or in the related standards.
(2) If the court, in its judgment, finds the provision
made in an agreement to be inadequate, it may make any
recommendation as it deems warranted with respect to the
agreement to the department. The court shall not, however,
solely by virtue of this section, be empowered to direct the
department to make payment. This section shall not be
deemed to limit any other power of the superior court with
respect to the adoption and any related matter. [1984 c 155
§ 32.]
26.33.330 Records sealed—Inspection—Fee. (1) All
records of any proceeding under this chapter shall be sealed
and shall not be thereafter open to inspection by any person
except upon order of the court for good cause shown, or
except by using the procedure described in RCW 26.33.343.
In determining whether good cause exists, the court shall
consider any certified statement on file with the department
of health as provided in RCW 26.33.347.
(2) The state registrar of vital statistics may charge a
reasonable fee for the review of any of its sealed records.
[1996 c 243 § 3; 1990 c 145 § 3; 1984 c 155 § 33.]
Finding—1996 c 243: See note following RCW 26.33.347.
26.33.340 Department, agency, and court files
confidential—Limited disclosure of information. Department, agency, and court files regarding an adoption shall be
confidential except that reasonably available nonidentifying
[Title 26 RCW—page 130]
information may be disclosed upon the written request for
the information from the adoptive parent, the adoptee, or the
birth parent. If the adoption facilitator refuses to disclose
nonidentifying information, the individual may petition the
superior court. Identifying information may also be disclosed through the procedure described in RCW 26.33.343.
[1993 c 81 § 2; 1990 c 145 § 4; 1984 c 155 § 34.]
26.33.343 Search for birth parent or adopted
child—Confidential intermediary. (1) An adopted person
over the age of twenty-one years, or under twenty-one with
the permission of the adoptive parent, or a birth parent or
member of the birth parent’s family after the adoptee has
reached the age of twenty-one may petition the court to
appoint a confidential intermediary. A petition under this
section shall state whether a certified statement is on file
with the department of health as provided for in RCW
26.33.347 and shall also state the intent of the adoptee as set
forth in any such statement. The intermediary shall search
for and discreetly contact the birth parent or adopted person,
or if they are not alive or cannot be located within one year,
the intermediary may attempt to locate members of the birth
parent or adopted person’s family. These family members
shall be limited to the natural grandparents of the adult
adoptee, a brother or sister of a natural parent, or the child
of a natural parent. The court, for good cause shown, may
allow a relative more distant in degree to petition for
disclosure.
(2)(a) Confidential intermediaries appointed under this
section shall complete training provided by a licensed
adoption service or another court-approved entity and file an
oath of confidentiality and a certificate of completion of
training with the superior court of every county in which
they serve as intermediaries. The court may dismiss an
intermediary if the intermediary engages in conduct which
violates professional or ethical standards.
(b) The confidential intermediary shall sign a statement
of confidentiality substantially as follows:
I, . . . . . ., signing under penalty of contempt of court,
state: "As a condition of appointment as a confidential
intermediary, I affirm that, when adoption records are
opened to me:
I will not disclose to the petitioner, directly or indirectly, any identifying information in the records without further
order from the court.
I will conduct a diligent search for the person being
sought and make a discreet and confidential inquiry as to
whether that person will consent to being put in contact with
the petitioner, and I will report back to the court the results
of my search and inquiry.
If the person sought consents to be put in contact with
the petitioner, I will attempt to obtain a dated, written
consent from the person, and attach the original of the
consent to my report to the court. If the person sought does
not consent to the disclosure of his or her identity, I shall
report the refusal of consent to the court.
I will not make any charge or accept any compensation
for my services except as approved by the court, or as
reimbursement from the petitioner for actual expenses
incurred in conducting the search. These expenses will be
listed in my report to the court.
(2002 Ed.)
Adoption
I recognize that unauthorized release of confidential
information may subject me to civil liability under state law,
and subjects me to being found in contempt of court."
/s/
date
(c) The confidential intermediary shall be entitled to
reimbursement from the petitioner for actual expenses in
conducting the search. The court may authorize a reasonable
fee in addition to these expenses.
(3) If the confidential intermediary is unable to locate
the person being sought within one year, the confidential
intermediary shall make a recommendation to the court as to
whether or not a further search is warranted, and the reasons
for this recommendation.
(4) In the case of a petition filed on behalf of a natural
parent or other blood relative of the adoptee, written consent
of any living adoptive parent shall be obtained prior to
contact with the adoptee if the adoptee:
(a) Is less than twenty-five years of age and is residing
with the adoptive parent; or
(b) Is less than twenty-five years of age and is a
dependent of the adoptive parent.
(5) If the confidential intermediary locates the person
being sought, a discreet and confidential inquiry shall be
made as to whether or not that person will consent to having
his or her present identity disclosed to the petitioner. The
identity of the petitioner shall not be disclosed to the party
being sought. If the party being sought consents to the
disclosure of his or her identity, the confidential intermediary
shall obtain the consent in writing and shall include the
original of the consent in the report filed with the court. If
the party being sought refuses disclosure of his or her
identity, the confidential intermediary shall report the refusal
to the court and shall refrain from further and subsequent
inquiry without judicial approval.
(6)(a) If the confidential intermediary obtains from the
person being sought written consent for disclosure of his or
her identity to the petitioner, the court may then order that
the name and other identifying information of that person be
released to the petitioner.
(b) If the person being sought is deceased, the court
may order disclosure of the identity of the deceased to the
petitioner.
(c) If the confidential intermediary is unable to contact
the person being sought within one year, the court may order
that the search be continued for a specified time or be
terminated. [1996 c 243 § 4; 1990 c 145 § 1.]
Finding—1996 c 243: See note following RCW 26.33.347.
26.33.345 Search for birth parent or adopted
child—Limited release of information—Noncertified
copies of original birth certificate. (1) The department of
social and health services, adoption agencies, and independent adoption facilitators shall release the name and location
of the court where a relinquishment of parental rights or
finalization of an adoption took place to an adult adoptee, a
birth parent of an adult adoptee, an adoptive parent, a birth
or adoptive grandparent of an adult adoptee, or an adult
sibling of an adult adoptee, or the legal guardian of any of
these.
(2002 Ed.)
26.33.343
(2) The department of health shall make available a
noncertified copy of the original birth certificate of a child
to the child’s birth parents upon request.
(3) For adoptions finalized after October 1, 1993, the
department of health shall make available a noncertified
copy of the original birth certificate to the adoptee after the
adoptee’s eighteenth birthday unless the birth parent has filed
an affidavit of nondisclosure. [1993 c 81 § 3; 1990 c 145 §
2.]
26.33.347 Consent or refusal to release adoptee’s
identifying information—Desire to be contacted—
Certified statement. (1) An adopted person over the age of
eighteen may file with the department of health a certified
statement declaring any one or more of the following:
(a) The adoptee refuses to consent to the release of any
identifying information to a biological parent, biological
sibling, or other biological relative and does not wish to be
contacted by a confidential intermediary except in the case
of a medical emergency as determined by a court of competent jurisdiction;
(b) The adoptee consents to the release of any identifying information to a confidential intermediary appointed
under RCW 26.33.343, a biological parent, biological sibling,
or other biological relative;
(c) The adoptee desires to be contacted by his or her
biological parents, biological siblings, other biological
relatives, or a confidential intermediary appointed under
RCW 26.33.343;
(d) The current name, address, and telephone number of
the adoptee who desires to be contacted.
(2) The certified statement shall be filed with the
department of health and placed with the adoptee’s original
birth certificate if the adoptee was born in this state, or in a
separate registry file for reference purposes if the adoptee
was born in another state or outside of the United States.
When the statement includes a request for confidentiality or
a refusal to consent to the disclosure of identifying information, a prominent notice stating substantially the following
shall also be placed at the front of the file: "AT THE
REQUEST OF THE ADOPTEE, ALL RECORDS AND
IDENTIFYING INFORMATION RELATING TO THIS
ADOPTION SHALL REMAIN CONFIDENTIAL AND
SHALL NOT BE DISCLOSED OR RELEASED WITHOUT
A COURT ORDER SO DIRECTING."
(3) An adopted person who files a certified statement
under subsection (1) of this section may subsequently file
another certified statement requesting to rescind or amend
the prior certified statement. [1996 c 243 § 2.]
Finding—1996 c 243: "The legislature finds that it is in the best
interest of the people of the state of Washington to support the adoption
process in a variety of ways, including protecting the privacy interests of
adult adoptees when the confidential intermediary process is used." [1996
c 243 § 1.]
26.33.350 Medical reports—Requirements. (1)
Every person, firm, society, association, corporation, or state
agency receiving, securing a home for, or otherwise caring
for a minor child shall transmit to the prospective adopting
parent prior to placement and shall make available to all
persons with whom a child has been placed by adoption a
complete medical report containing all known and available
[Title 26 RCW—page 131]
26.33.350
Title 26 RCW: Domestic Relations
information concerning the mental, physical, and sensory
handicaps of the child.
(2) The report shall not reveal the identity of the birth
parent of the child except as authorized under this chapter
but shall include any known or available mental or physical
health history of the birth parent that needs to be known by
the adoptive parent to facilitate proper health care for the
child or that will assist the adoptive parent in maximizing
the developmental potential of the child.
(3) Where known or available, the information provided
shall include:
(a) A review of the birth family’s and the child’s
previous medical history, including the child’s x-rays,
examinations, hospitalizations, and immunizations. After
July 1, 1992, medical histories shall be given on a standardized reporting form developed by the department;
(b) A physical exam of the child by a licensed physician
with appropriate laboratory tests and x-rays;
(c) A referral to a specialist if indicated; and
(d) A written copy of the evaluation with recommendations to the adoptive family receiving the report.
(4) Entities and persons obligated to provide information
under this section shall make reasonable efforts to locate
records and information concerning the child’s mental,
physical, and sensory handicaps. The entities or persons
providing the information have no duty, beyond providing
the information, to explain or interpret the records or
information regarding the child’s present or future health.
[1994 c 170 § 1; 1991 c 136 § 4; 1990 c 146 § 6; 1989 c
281 § 1; 1984 c 155 § 37.]
26.33.380 Family and social history report required—Identity of birth parents confidential. (1) Every
person, firm, society, association, corporation, or state
agency receiving, securing a home for, or otherwise caring
for a minor child shall transmit to the prospective adopting
parent prior to placement and shall make available to all
persons with whom a child has been placed by adoption, a
family background and child and family social history report,
which includes a chronological history of the circumstances
surrounding the adoptive placement and any available
psychiatric reports, psychological reports, court reports
pertaining to dependency or custody, or school reports. Such
reports or information shall not reveal the identity of the
birth parents of the child but shall contain reasonably
available nonidentifying information.
(2) Entities and persons obligated to provide information
under this section shall make reasonable efforts to locate
records and information concerning the child’s family
background and social history. The entities or persons providing the information have no duty, beyond providing the
information, to explain or interpret the records or information regarding the child’s mental or physical health. [1994
c 170 § 2; 1993 c 81 § 4; 1989 c 281 § 2.]
26.33.360 Petition by natural parent to set aside
adoption—Costs—Time limit. (1) If a natural parent
unsuccessfully petitions to have an adoption set aside, the
court shall award costs, including reasonable attorneys’ fees,
to the adoptive parent.
(2) If a natural parent successfully petitions to have an
adoption set aside, the natural parent shall be liable to the
adoptive parent for both the actual expenditures and the
value of services rendered by the adoptive parents in caring
for the child.
(3) A natural parent who has executed a written consent
to adoption shall not bring an action to set aside an adoption
more than one year after the date the court approved the
written consent. [1984 c 155 § 35.]
26.33.390 Information on adoption-related services.
(1) All persons adopting a child through the department shall
receive written information on the department’s adoptionrelated services including, but not limited to, adoption
support, family reconciliation services, archived records,
mental health, and developmental disabilities.
(2) Any person adopting a child shall receive from the
adoption facilitator written information on adoption-related
services. This information may be that published by the
department or any other social service provider and shall
include information about how to find and evaluate appropriate adoption therapists, and may include other resources for
adoption-related issues.
(3) Any person involved in providing adoption-related
services shall respond to requests for written information by
providing materials explaining adoption procedures, practices, policies, fees, and services. [1991 c 136 § 5; 1990 c 146
§ 7; 1989 c 281 § 3.]
26.33.370 Permanent care and custody of a child—
Assumption, relinquishment, or transfer except by court
order or statute, when prohibited—Penalty. (1) Unless
otherwise permitted by court order or statute, it is unlawful
for any person, partnership, society, association, or corporation, except the parents, to assume the permanent care and
custody of a child. Unless otherwise permitted by court
order or statute, it is unlawful for any parent to relinquish or
transfer to another person, partnership, society, association,
or corporation the permanent care and custody of any child
for adoption or any other purpose.
(2) Any relinquishment or transfer in violation of this
section shall be void.
(3) Violation of this section is a gross misdemeanor.
[1984 c 155 § 36.]
[Title 26 RCW—page 132]
26.33.385 Standards for locating records and
information—Rules. The department shall adopt rules, in
consultation with affected parties, establishing minimum
standards for making reasonable efforts to locate records and
information relating to adoptions as required under RCW
26.33.350 and 26.33.380. [1994 c 170 § 3.]
26.33.400 Advertisements—Prohibitions—
Exceptions—Application of consumer protection act. (1)
Unless the context clearly requires otherwise, "advertisement" means communication by newspaper, radio, television,
handbills, placards or other print, broadcast, or the electronic
medium. This definition applies throughout this section.
(2) No person or entity shall cause to be published for
circulation, or broadcast on a radio or television station,
within the geographic borders of this state, an advertisement
of a child or children offered or wanted for adoption, or
shall hold himself or herself out through such advertisement
(2002 Ed.)
Adoption
26.33.400
as having the ability to place, locate, dispose, or receive a
child or children for adoption unless such person or entity is:
(a) A duly authorized agent, contractee, or employee of
the department or a children’s agency or institution licensed
by the department to care for and place children;
(b) A person who has a completed preplacement report
as set forth in RCW 26.33.190 (1) and (2) or chapter 26.34
RCW with a favorable recommendation as to the fitness of
the person to be an adoptive parent, or such person’s duly
authorized uncompensated agent, or such person’s attorney
who is licensed to practice in the state. Verification of
compliance with the requirements of this section shall consist
of a written declaration by the person or entity who prepared
the preplacement report.
Nothing in this section prohibits an attorney licensed to
practice in Washington state from advertising his or her
availability to practice or provide services related to the
adoption of children.
(3) A violation of subsection (2) of this section is a
matter affecting the public interest for the purpose of
applying chapter 19.86 RCW. A violation of subsection (2)
of this section is not reasonable in relation to the development and preservation of business. A violation of subsection
(2) of this section constitutes an unfair or deceptive act or
practice in trade or commerce for the purpose of applying
chapter 19.86 RCW. [1991 c 136 § 6; 1989 c 255 § 1.]
26.34.010 Compact enacted—Provisions. The
interstate compact on the placement of children is hereby
enacted into law and entered into with all other jurisdictions
legally joining therein in form substantially as follows:
26.33.410 Advertisements—Exemption. Nothing in
RCW 26.33.400 applies to any radio or television station or
any publisher, printer, or distributor of any newspaper,
magazine, billboard, or other advertising medium which
accepts advertising in good faith without knowledge of its
violation of any provision of RCW 26.33.400. [1989 c 255
§ 2.]
As used in this compact:
(a) "Child" means a person who, by reason of minority,
is legally subject to parental, guardianship or similar control.
(b) "Sending agency" means a party state, officer or
employee thereof; a subdivision of a party state, or officer or
employee thereof; a court of a party state; a person, corporation, association, charitable agency or other entity which
sends, brings, or causes to be sent or brought any child to
another party state.
(c) "Receiving state" means the state to which a child is
sent, brought, or caused to be sent or brought, whether by
public authorities or private persons or agencies, and whether
for placement with state or local public authorities or for
placement with private agencies or persons.
(d) "Placement" means the arrangement for the care of
a child in a family free or boarding home or in a childcaring agency or institution but does not include any
institution caring for the mentally ill, mentally defective or
epileptic or any institution primarily educational in character,
and any hospital or other medical facility.
26.33.900 Effective date—Application—1984 c 155.
This act shall take effect January 1, 1985. Any proceeding
initiated before January 1, 1985, shall be governed by the
law in effect on the date the proceeding was initiated. [1984
c 155 § 41.]
26.33.901 Severability—1984 c 155. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 155 § 42.]
ARTICLE I. Purpose and Policy
It is the purpose and policy of the party states to
cooperate with each other in the interstate placement of
children to the end that:
(a) Each child requiring placement shall receive the
maximum opportunity to be placed in a suitable environment
and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable
degree and type of care.
(b) The appropriate authorities in a state where a child
is to be placed may have full opportunity to ascertain the
circumstances of the proposed placement, thereby promoting
full compliance with applicable requirements for the protection of the child.
(c) The proper authorities of the state from which the
placement is made may obtain the most complete information on the basis of which to evaluate a projected placement
before it is made.
(d) Appropriate jurisdictional arrangements for the care
of children will be promoted.
ARTICLE II. Definitions
ARTICLE III. Conditions for Placement
Chapter 26.34
INTERSTATE COMPACT ON PLACEMENT
OF CHILDREN
Sections
26.34.010
26.34.020
26.34.030
26.34.040
26.34.050
26.34.060
26.34.070
26.34.080
(2002 Ed.)
Compact enacted—Provisions.
Financial responsibility.
"Appropriate public authorities" defined.
"Appropriate authority of the receiving state" defined.
Authority of state officers and agencies to enter into agreements—Approval.
Jurisdiction of courts.
"Executive head" defined—Compact administrator.
Violations—Penalty.
(a) No sending agency shall send, bring, or cause to be
sent or brought into any other party state any child for
placement in foster care or as a preliminary to a possible
adoption unless the sending agency shall comply with each
and every requirement set forth in this article and with the
applicable laws of the receiving state governing the placement of children therein.
(b) Prior to sending, bringing or causing any child to be
sent or brought into a receiving state for placement in foster
care or as a preliminary to a possible adoption, the sending
agency shall furnish the appropriate public authorities in the
receiving state written notice of the intention to send, bring,
[Title 26 RCW—page 133]
26.34.010
Title 26 RCW: Domestic Relations
or place the child in the receiving state. The notice shall
contain:
(1) The name, date and place of birth of the child.
(2) The identity and address or addresses of the parents
or legal guardian.
(3) The name and address of the person, agency or
institution to or with which the sending agency proposes to
send, bring, or place the child.
(4) A full statement of the reasons for such proposed
action and evidence of the authority pursuant to which the
placement is proposed to be made.
(c) Any public officer or agency in a receiving state
which is in receipt of a notice pursuant to paragraph (b) of
this article may request of the sending agency, or any other
appropriate officer or agency of or in the sending agency’s
state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary under the circumstances to carry out the purpose and
policy of this compact.
(d) The child shall not be sent, brought, or caused to be
sent or brought into the receiving state until the appropriate
public authorities in the receiving state shall notify the
sending agency, in writing, to the effect that the proposed
placement does not appear to be contrary to the interests of
the child.
ARTICLE IV. Penalty for Illegal Placement
The sending, bringing, or causing to be sent or brought
into any receiving state of a child in violation of the terms
of this compact shall constitute a violation of the laws
respecting the placement of children of both the state in
which the sending agency is located or from which it sends
or brings the child and of the receiving state. Such violation
may be punished or subjected to penalty in either jurisdiction
in accordance with its laws. In addition to liability for any
such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held
by the sending agency which empowers or allows it to place,
or care for children.
ARTICLE V. Retention of Jurisdiction
(a) The sending agency shall retain jurisdiction over the
child sufficient to determine all matters in relation to the
custody, supervision, care, treatment and disposition of the
child which it would have had if the child had remained in
the sending agency’s state, until the child is adopted, reaches
majority, becomes self-supporting or is discharged with the
concurrence of the appropriate authority in the receiving
state. Such jurisdiction shall also include the power to effect
or cause the return of the child or its transfer to another
location and custody pursuant to law. The sending agency
shall continue to have financial responsibility for support and
maintenance of the child during the period of the placement.
Nothing contained herein shall defeat a claim of jurisdiction
by a receiving state sufficient to deal with an act of delinquency or crime committed therein.
(b) When the sending agency is a public agency, it may
enter into an agreement with an authorized public or private
agency in the receiving state providing for the performance
of one or more services in respect of such case by the latter
as agent for the sending agency.
[Title 26 RCW—page 134]
(c) Nothing in this compact shall be construed to
prevent a private charitable agency authorized to place
children in the receiving state from performing services or
acting as agent in that state for a private charitable agency
of the sending state; nor to prevent the agency in the
receiving state from discharging financial responsibility for
the support and maintenance of a child who has been placed
on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) hereof.
ARTICLE VI. Institutional Care of Delinquent Children
A child adjudicated delinquent may be placed in an
institution in another party jurisdiction pursuant to this
compact but no such placement shall be made unless the
child is given a court hearing on notice to the parent or
guardian with opportunity to be heard, prior to his being sent
to such other party jurisdiction for institutional care and the
court finds that:
(1) Equivalent facilities for the child are not available in
the sending agency’s jurisdiction; and
(2) Institutional care in the other jurisdiction is in the
best interest of the child and will not produce undue hardship.
ARTICLE VII. Compact Administrator
The executive head of each jurisdiction party to this
compact shall designate an officer who shall be general
coordinator of activities under this compact in his jurisdiction and who, acting jointly with like officers of other party
jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions
of this compact.
ARTICLE VIII. Limitations
This compact shall not apply to:
(a) The sending or bringing of a child into a receiving
state by his parent, stepparent, grandparent, adult brother or
sister, adult uncle or aunt, or his guardian and leaving the
child with any such relative or nonagency guardian in the
receiving state.
(b) Any placement, sending or bringing of a child into
a receiving state pursuant to any other interstate compact to
which both the state from which the child is sent or brought
and the receiving state are party, or to any other agreement
between said states which has the force of law.
ARTICLE IX. Enactment and Withdrawal
This compact shall be open to joinder by any state,
territory or possession of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and, with the
consent of Congress, the Government of Canada or any
province thereof. It shall become effective with respect to
any such jurisdiction when such jurisdiction has enacted the
same into law. Withdrawal from this compact shall be by
the enactment of a statute repealing the same, but shall not
take effect until two years after the effective date of such
statute and until written notice of the withdrawal has been
given by the withdrawing state to the governor of each other
party jurisdiction. Withdrawal of a party state shall not
affect the rights, duties and obligations under this compact
of any sending agency therein with respect to a placement
made prior to the effective date of withdrawal.
(2002 Ed.)
Interstate Compact on Placement of Children
ARTICLE X. Construction and Severability
The provisions of this compact shall be liberally
construed to effectuate the purposes thereof. The provisions
of this compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not
be affected thereby. If this compact shall be held contrary
to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as
to all severable matters. [1971 ex.s. c 168 § 1.]
26.34.020 Financial responsibility. Financial responsibility for any child placed pursuant to the provisions of the
Interstate Compact on the Placement of Children shall be
determined in accordance with the provisions of Article V
thereof in the first instance. However, in the event of partial
or complete default of performance thereunder, the provisions of RCW 26.16.205 and 26.20.030 shall apply. [1971
ex.s. c 168 § 2.]
26.34.030 "Appropriate public authorities" defined.
The "appropriate public authorities" as used in Article III of
the Interstate Compact on the Placement of Children shall,
with reference to this state, mean the department of social
and health services, and said agency shall receive and act
with reference to notices required by said Article III. [1971
ex.s. c 168 § 3.]
26.34.040 "Appropriate authority of the receiving
state" defined. As used in paragraph (a) of Article V of the
Interstate Compact on the Placement of Children, the phrase
"appropriate authority in the receiving state" with reference
to this state shall mean the department of social and health
services. [1971 ex.s. c 168 § 4.]
26.34.050 Authority of state officers and agencies to
enter into agreements—Approval. The officers and
agencies of this state and its subdivisions having authority to
place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other
party states pursuant to paragraph (b) of Article V of the
Interstate Compact on the Placement of Children. Any such
agreement which contains a financial commitment or
imposes a financial obligation on this state or subdivision or
agency thereof shall not be binding unless it has the approval
in writing of the director of financial management in the
case of the state and of the treasurer in the case of a
subdivision of the state. [1979 c 151 § 10; 1971 ex.s. c 168
§ 5.]
26.34.060 Jurisdiction of courts. Any court having
jurisdiction to place delinquent children may place such a
child in an institution of or in another state pursuant to
Article VI of the Interstate Compact on the Placement of
(2002 Ed.)
26.34.010
Children and shall retain jurisdiction as provided in Article
V thereof. [1971 ex.s. c 168 § 6.]
26.34.070 "Executive head" defined—Compact
administrator. As used in Article VII of the Interstate
Compact on the Placement of Children, the term "executive
head" means the governor. The governor is hereby authorized to appoint a compact administrator in accordance with
the terms of said Article VII. [1971 ex.s. c 168 § 7.]
26.34.080 Violations—Penalty. Any person, firm,
corporation, association or agency which places a child in
the state of Washington without meeting the requirements set
forth herein, or any person, firm, corporation, association or
agency which receives a child in the state of Washington,
where there has been no compliance with the requirements
set forth herein, shall be guilty of a misdemeanor. Each day
of violation shall constitute a separate offense. [1971 ex.s.
c 168 § 8.]
Chapter 26.40
HANDICAPPED CHILDREN
Sections
26.40.010
26.40.020
Declaration of purpose.
Removal, denial of parental responsibility—Commitment not
an admission requirement to any school.
26.40.030 Petition by parent for order of commitment—Grounds.
26.40.040 Petition by parent for order of commitment—Contents—
Who may be co-custodians—Effective date.
26.40.050 Petition by parent for order of commitment—Hearing—
Written consent of co-custodians required.
26.40.060 Notice, copies, filing of order of commitment.
26.40.070 Petition by parent for rescission, change in co-custodians,
determination of parental responsibility.
26.40.080 Health and welfare of committed child—State and co-custodian responsibilities.
26.40.090 Petition by co-custodians for rescission of commitment—
Hearing.
26.40.100 Chapter does not affect commitments under other laws.
26.40.110 Lease of buses to transport children with disabilities.
Child welfare agencies: Chapter 74.15 RCW.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Juvenile courts and offenders: Title 13 RCW.
Mental illness: Chapter 71.05 RCW.
Special education: Chapter 28A.155 RCW.
State institutions: Title 72 RCW.
Temporary assistance for needy families—Child welfare services—Services
to crippled children: Chapter 74.12 RCW.
26.40.010 Declaration of purpose. The purpose of
this chapter is to assure the right of every physically,
mentally or sensory handicapped child to parental love and
care as long as possible, to provide for adequate custody of
a handicapped child who has lost parental care, and to make
available to the handicapped child the services of the state
through its various departments and agencies. [1977 ex.s. c
80 § 22; 1955 c 272 § 1.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
[Title 26 RCW—page 135]
26.40.020
Title 26 RCW: Domestic Relations
26.40.020 Removal, denial of parental responsibility—Commitment not an admission requirement to any
school. So long as the parents of a handicapped child are
able to assume parental responsibility for such child, their
parental responsibility may not be removed or denied, and
commitment by the state or any officer or official thereof
shall never be a requirement for the admission of such child
to any state school, or institution, or to the common schools.
[1955 c 272 § 2.]
26.40.030 Petition by parent for order of commitment—Grounds. The parents or parent of any child who is
temporarily or permanently delayed in normal educational
processes and/or normal social adjustment by reason of
physical, sensory or mental handicap, or by reason of social
or emotional maladjustment, or by reason of other handicap,
may petition the superior court for the county in which such
child resides for an order for the commitment of such child
to custody as provided in RCW 26.40.040, as now or hereafter amended. [1977 ex.s. c 80 § 23; 1955 c 272 § 3.]
Purpose—Severability—1977 ex.s. c 80: See notes following RCW
4.16.190.
26.40.040 Petition by parent for order of commitment—Contents—Who may be co-custodians—Effective
date. The petition for an order for the commitment of a
child to custody shall request the court to issue an order for
the commitment of such child to the co-custody of the state
and a relative or relatives, a friend or friends, an attorney or
attorneys, a church through its chief officers, a fraternal
organization through its chief officers, or a service organization through its chief officers, who shall be named in the
petition. The petition shall also request the court to issue
such order making the commitment of such child to custody
effective as of the date that both parents of such child are
deceased or are determined by the court to be unable to
continue parental responsibilities for such child as provided
in RCW 26.40.070. [1955 c 272 § 4.]
26.40.050 Petition by parent for order of commitment—Hearing—Written consent of co-custodians
required. Upon the filing of a petition for an order for the
commitment of a child to custody, a hearing upon such
petition shall be held in open court, and, if the court finds
that the petition should be granted, the court shall issue an
order for the commitment of the child to custody as petitioned and not otherwise. Written consent of the co-custodians other than the state must be filed with the court before
such order for commitment may be issued. [1955 c 272 §
5.]
26.40.060 Notice, copies, filing of order of commitment. Upon the issuance of an order for the commitment of
a child to custody, the court shall transmit copies thereof to
the co-custodians named therein. For the state as co-custodian the copy of such order shall be filed with the department of social and health services whose duty it shall be to
notify the state superintendent of public instruction, the state
department of social and health services, and such other state
departments or agencies as may have services for the child,
of the filing of such order, which notice shall be given by
[Title 26 RCW—page 136]
the department of social and health services at the time
commitment to custody becomes effective under the order.
[1982 c 35 § 195; 1979 c 141 § 35; 1955 c 272 § 6.]
Intent—Severability—Effective dates—Application—1982 c 35:
See notes following RCW 43.07.160.
26.40.070 Petition by parent for rescission, change
in co-custodians, determination of parental responsibility.
The parents or parent upon whose petition an order for the
commitment of a child to custody has been issued may,
before such commitment becomes effective, petition the
court for a rescission of the order or for a change in the cocustodians other than the state, or to determine that they are
unable to continue parental responsibilities for the child, and
the court shall proceed on such petition as on the original
petition. [1955 c 272 § 7.]
26.40.080 Health and welfare of committed child—
State and co-custodian responsibilities. It shall be the
responsibility of the state and the appropriate departments
and agencies thereof to discover methods and procedures by
which the mental and/or physical health of the child in
custody may be improved and, with the consent of the cocustodians, to apply those methods and procedures. The cocustodians other than the state shall have no financial
responsibility for the child committed to their co-custody
except as they may in written agreement with the state
accept such responsibility. At any time after the commitment of such child they may inquire into his well-being, and
the state and any of its agencies may do nothing with respect
to the child that would in any way affect his mental or
physical health without the consent of the co-custodians.
The legal status of the child may not be changed without the
consent of the co-custodians. If it appears to the state as cocustodian of a child that the health and/or welfare of such
child is impaired or jeopardized by the failure of the cocustodians other than the state to consent to the application
of certain methods and procedures with respect to such child,
the state through its proper department or agency may
petition the court for an order to proceed with such methods
and procedures. Upon the filing of such petition a hearing
shall be held in open court, and if the court finds that such
petition should be granted it shall issue the order. [1955 c
272 § 8.]
26.40.090 Petition by co-custodians for rescission of
commitment—Hearing. When the co-custodians of any
child committed to custody under provisions of this chapter
agree that such child is no longer in need of custody they
may petition the court for a rescission of the commitment to
custody. Upon the filing of such petition a hearing shall be
held in open court and if the court finds that such petition
should be granted it shall rescind the order of commitment
to custody. [1955 c 272 § 9.]
26.40.100 Chapter does not affect commitments
under other laws. Nothing in this chapter shall be construed as affecting the authority of the courts to make
commitments as otherwise provided by law. [1955 c 272 §
10.]
(2002 Ed.)
Handicapped Children
26.40.110 Lease of buses to transport children with
disabilities. See RCW 28A.160.040 through 28A.160.060.
Chapter 26.44
ABUSE OF CHILDREN
(Formerly: Abuse of children and adult dependent persons)
Sections
26.44.010
26.44.015
26.44.020
26.44.030
26.44.031
26.44.032
26.44.035
26.44.040
26.44.050
26.44.053
26.44.056
26.44.060
26.44.063
26.44.067
26.44.075
26.44.080
26.44.100
26.44.105
26.44.110
26.44.115
26.44.120
26.44.125
26.44.130
26.44.140
26.44.150
26.44.160
26.44.170
26.44.180
26.44.190
26.44.200
26.44.210
26.44.900
(2002 Ed.)
Declaration of purpose.
Limitations of chapter.
Definitions.
Reports—Duty and authority to make—Duty of receiving
agency—Duty to notify—Case planning and consultation—Penalty for unauthorized exchange of information—Filing dependency petitions—Interviews of children—Records—Risk assessment process—Reports to
legislature.
Unfounded referrals—Report retention.
Legal defense of public employee.
Response to complaint by more than one agency—
Procedure—Written records.
Reports—Oral, written—Contents.
Abuse or neglect of child—Duty of law enforcement agency
or department of social and health services—Taking
child into custody without court order, when.
Guardian ad litem, appointment—Examination of person
having legal custody—Hearing—Procedure.
Protective detention or custody of abused child—Reasonable
cause—Notice—Time limits—Monitoring plan—
Liability.
Immunity from civil or criminal liability—Confidential communications not violated—Actions against state not
affected—False report, penalty.
Temporary restraining order or preliminary injunction—
Enforcement—Notice of modification or termination of
restraining order.
Temporary restraining order or preliminary injunction—
Contents—Notice—Noncompliance—Defense—Penalty.
Inclusion of number of child abuse reports and cases in
prosecuting attorney’s annual report.
Violation—Penalty.
Information about rights—Legislative purpose—Notification
of investigation, report, and findings.
Information about rights—Oral and written information—
Copies of dependency petition and any court order.
Information about rights—Custody without court order—
Written statement required—Contents.
Child taken into custody under court order—Information to
parents.
Information about rights—Notice to noncustodial parent.
Alleged perpetrators—Right to review and amendment of
finding—Hearing.
Arrest without warrant.
Treatment for abusive person removed from home.
Temporary restraining order restricting visitation for persons
accused of sexually or physically abusing a child—
Penalty for violating court order.
Allegations that child under twelve committed sex offense—
Investigation—Referral to prosecuting attorney—
Referral to department—Referral for treatment.
Alleged child abuse or neglect—Use of alcohol or controlled
substances as contributing factor—Evaluation.
Investigation of child sexual abuse—Protocols—
Documentation of agencies’ roles.
Investigation of child abuse or neglect—Participation by law
enforcement officer.
Methamphetamine manufacture—Presence of child.
Alleged child abuse or neglect at state school for the deaf—
Investigation by department—Investigation report.
Severability—1975 1st ex.s. c 217.
26.40.110
Child abuse, investigation: RCW 74.13.031.
Child abuse and neglect training for participants in early childhood
education programs: RCW 43.63A.066.
Council for the prevention of child abuse and neglect: Chapter 43.121
RCW.
Day care—Information to parents and providers: RCW 74.15.200.
Domestic violence prevention: Chapter 26.50 RCW.
Missing children clearinghouse and hot line: Chapter 13.60 RCW.
Persons over sixty, abuse: Chapter 74.34 RCW.
Primary prevention program for child abuse and neglect: RCW
28A.300.160.
Record checks: RCW 43.43.830 through 43.43.840 and 43.20A.710.
School districts to develop policies and participate in programs: RCW
28A.230.080.
Shaken baby syndrome: RCW 43.121.140.
Witness of offense against child, duty: RCW 9.69.100.
26.44.010 Declaration of purpose. The Washington
state legislature finds and declares: The bond between a
child and his or her parent, custodian, or guardian is of
paramount importance, and any intervention into the life of
a child is also an intervention into the life of the parent,
custodian, or guardian; however, instances of nonaccidental
injury, neglect, death, sexual abuse and cruelty to children by
their parents, custodians or guardians have occurred, and in
the instance where a child is deprived of his or her right to
conditions of minimal nurture, health, and safety, the state is
justified in emergency intervention based upon verified
information; and therefore the Washington state legislature
hereby provides for the reporting of such cases to the
appropriate public authorities. It is the intent of the legislature that, as a result of such reports, protective services shall
be made available in an effort to prevent further abuses, and
to safeguard the general welfare of such children: PROVIDED, That such reports shall be maintained and disseminated
with strictest regard for the privacy of the subjects of such
reports and so as to safeguard against arbitrary, malicious or
erroneous information or actions: PROVIDED FURTHER,
That this chapter shall not be construed to authorize interference with child-raising practices, including reasonable
parental discipline, which are not proved to be injurious to
the child’s health, welfare and safety. [1999 c 176 § 27;
1987 c 206 § 1; 1984 c 97 § 1; 1977 ex.s. c 80 § 24; 1975
1st ex.s. c 217 § 1; 1969 ex.s. c 35 § 1; 1965 c 13 § 1.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1984 c 97: See RCW 74.34.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
26.44.015 Limitations of chapter. (1) This chapter
shall not be construed to authorize interference with childraising practices, including reasonable parental discipline,
which are not injurious to the child’s health, welfare, and
safety.
(2) Nothing in this chapter may be used to prohibit the
reasonable use of corporal punishment as a means of
discipline.
(3) No parent or guardian may be deemed abusive or
neglectful solely by reason of the parent’s or child’s blindness, deafness, developmental disability, or other handicap.
[1999 c 176 § 28; 1997 c 386 § 23; 1993 c 412 § 11.]
[Title 26 RCW—page 137]
26.44.015
Title 26 RCW: Domestic Relations
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
26.44.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Court" means the superior court of the state of
Washington, juvenile department.
(2) "Law enforcement agency" means the police
department, the prosecuting attorney, the state patrol, the
director of public safety, or the office of the sheriff.
(3) "Practitioner of the healing arts" or "practitioner"
means a person licensed by this state to practice podiatric
medicine and surgery, optometry, chiropractic, nursing,
dentistry, osteopathic medicine and surgery, or medicine and
surgery or to provide other health services. The term
"practitioner" includes a duly accredited Christian Science
practitioner: PROVIDED, HOWEVER, That a person who
is being furnished Christian Science treatment by a duly
accredited Christian Science practitioner will not be considered, for that reason alone, a neglected person for the
purposes of this chapter.
(4) "Institution" means a private or public hospital or
any other facility providing medical diagnosis, treatment or
care.
(5) "Department" means the state department of social
and health services.
(6) "Child" or "children" means any person under the
age of eighteen years of age.
(7) "Professional school personnel" include, but are not
limited to, teachers, counselors, administrators, child care
facility personnel, and school nurses.
(8) "Social service counselor" means anyone engaged in
a professional capacity during the regular course of employment in encouraging or promoting the health, welfare,
support or education of children, or providing social services
to adults or families, including mental health, drug and
alcohol treatment, and domestic violence programs, whether
in an individual capacity, or as an employee or agent of any
public or private organization or institution.
(9) "Psychologist" means any person licensed to practice
psychology under chapter 18.83 RCW, whether acting in an
individual capacity or as an employee or agent of any public
or private organization or institution.
(10) "Pharmacist" means any registered pharmacist
under chapter 18.64 RCW, whether acting in an individual
capacity or as an employee or agent of any public or private
organization or institution.
(11) "Clergy" means any regularly licensed or ordained
minister, priest, or rabbi of any church or religious denomination, whether acting in an individual capacity or as an
employee or agent of any public or private organization or
institution.
(12) "Abuse or neglect" means the injury, sexual abuse,
sexual exploitation, negligent treatment, or maltreatment of
a child by any person under circumstances which indicate
that the child’s health, welfare, and safety is harmed,
excluding conduct permitted under RCW 9A.16.100. An
abused child is a child who has been subjected to child
abuse or neglect as defined in this section.
[Title 26 RCW—page 138]
(13) "Child protective services section" means the child
protective services section of the department.
(14) "Sexual exploitation" includes: (a) Allowing,
permitting, or encouraging a child to engage in prostitution
by any person; or (b) allowing, permitting, encouraging, or
engaging in the obscene or pornographic photographing,
filming, or depicting of a child by any person.
(15) "Negligent treatment or maltreatment" means an act
or omission that evidences a serious disregard of consequences of such magnitude as to constitute a clear and
present danger to the child’s health, welfare, and safety. The
fact that siblings share a bedroom is not, in and of itself,
negligent treatment or maltreatment.
(16) "Child protective services" means those services
provided by the department designed to protect children from
child abuse and neglect and safeguard such children from
future abuse and neglect, and conduct investigations of child
abuse and neglect reports. Investigations may be conducted
regardless of the location of the alleged abuse or neglect.
Child protective services includes referral to services to
ameliorate conditions that endanger the welfare of children,
the coordination of necessary programs and services relevant
to the prevention, intervention, and treatment of child abuse
and neglect, and services to children to ensure that each
child has a permanent home. In determining whether
protective services should be provided, the department shall
not decline to provide such services solely because of the
child’s unwillingness or developmental inability to describe
the nature and severity of the abuse or neglect.
(17) "Malice" or "maliciously" means an evil intent,
wish, or design to vex, annoy, or injure another person.
Such malice may be inferred from an act done in willful
disregard of the rights of another, or an act wrongfully done
without just cause or excuse, or an act or omission of duty
betraying a willful disregard of social duty.
(18) "Sexually aggressive youth" means a child who is
defined in RCW 74.13.075(1)(b) as being a sexually aggressive youth.
(19) "Unfounded" means available information indicates
that, more likely than not, child abuse or neglect did not
occur. No unfounded allegation of child abuse or neglect
may be disclosed to a child-placing agency, private adoption
agency, or any other provider licensed under chapter 74.15
RCW. [2000 c 162 § 19; 1999 c 176 § 29; 1998 c 314 § 7.
Prior: 1997 c 386 § 45; 1997 c 386 § 24; 1997 c 282 § 4;
1997 c 132 § 2; 1996 c 178 § 10; prior: 1993 c 412 § 12;
1993 c 402 § 1; 1988 c 142 § 1; prior: 1987 c 524 § 9;
1987 c 206 § 2; 1984 c 97 § 2; 1982 c 129 § 6; 1981 c 164
§ 1; 1977 ex.s. c 80 § 25; 1975 1st ex.s. c 217 § 2; 1969
ex.s. c 35 § 2; 1965 c 13 § 2.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Findings—1997 c 132: "The legislature finds that housing is
frequently influenced by the economic situation faced by the family. This
may include siblings sharing a bedroom. The legislature also finds that the
family living situation due to economic circumstances in and of itself is not
sufficient to justify a finding of child abuse, negligent treatment, or
maltreatment." [1997 c 132 § 1.]
Effective date—1996 c 178: See note following RCW 18.35.110.
Severability—1984 c 97: See RCW 74.34.900.
Severability—1982 c 129: See note following RCW 9A.04.080.
(2002 Ed.)
Abuse of Children
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
26.44.030 Reports—Duty and authority to make—
Duty of receiving agency—Duty to notify—Case planning
and consultation—Penalty for unauthorized exchange of
information—Filing dependency petitions—Interviews of
children—Records—Risk assessment process—Reports to
legislature. (1)(a) When any practitioner, county coroner or
medical examiner, law enforcement officer, professional
school personnel, registered or licensed nurse, social service
counselor, psychologist, pharmacist, licensed or certified
child care providers or their employees, employee of the
department, juvenile probation officer, placement and liaison
specialist, responsible living skills program staff, HOPE
center staff, or state family and children’s ombudsman or
any volunteer in the ombudsman’s office has reasonable
cause to believe that a child has suffered abuse or neglect,
he or she shall report such incident, or cause a report to be
made, to the proper law enforcement agency or to the
department as provided in RCW 26.44.040.
(b) The reporting requirement also applies to department
of corrections personnel who, in the course of their employment, observe offenders or the children with whom the
offenders are in contact. If, as a result of observations or
information received in the course of his or her employment,
any department of corrections personnel has reasonable cause
to believe that a child has suffered abuse or neglect, he or
she shall report the incident, or cause a report to be made, to
the proper law enforcement agency or to the department as
provided in RCW 26.44.040.
(c) The reporting requirement shall also apply to any
adult who has reasonable cause to believe that a child who
resides with them, has suffered severe abuse, and is able or
capable of making a report. For the purposes of this subsection, "severe abuse" means any of the following: Any single
act of abuse that causes physical trauma of sufficient severity
that, if left untreated, could cause death; any single act of
sexual abuse that causes significant bleeding, deep bruising,
or significant external or internal swelling; or more than one
act of physical abuse, each of which causes bleeding, deep
bruising, significant external or internal swelling, bone
fracture, or unconsciousness.
(d) The report must be made at the first opportunity, but
in no case longer than forty-eight hours after there is
reasonable cause to believe that the child has suffered abuse
or neglect. The report must include the identity of the
accused if known.
(2) The reporting requirement of subsection (1) of this
section does not apply to the discovery of abuse or neglect
that occurred during childhood if it is discovered after the
child has become an adult. However, if there is reasonable
cause to believe other children are or may be at risk of abuse
or neglect by the accused, the reporting requirement of subsection (1) of this section does apply.
(3) Any other person who has reasonable cause to
believe that a child has suffered abuse or neglect may report
such incident to the proper law enforcement agency or to the
department of social and health services as provided in RCW
26.44.040.
(4) The department, upon receiving a report of an
incident of alleged abuse or neglect pursuant to this chapter,
(2002 Ed.)
26.44.020
involving a child who has died or has had physical injury or
injuries inflicted upon him or her other than by accidental
means or who has been subjected to alleged sexual abuse,
shall report such incident to the proper law enforcement
agency. In emergency cases, where the child’s welfare is
endangered, the department shall notify the proper law
enforcement agency within twenty-four hours after a report
is received by the department. In all other cases, the
department shall notify the law enforcement agency within
seventy-two hours after a report is received by the department. If the department makes an oral report, a written
report must also be made to the proper law enforcement
agency within five days thereafter.
(5) Any law enforcement agency receiving a report of
an incident of alleged abuse or neglect pursuant to this
chapter, involving a child who has died or has had physical
injury or injuries inflicted upon him or her other than by
accidental means, or who has been subjected to alleged
sexual abuse, shall report such incident in writing as provided in RCW 26.44.040 to the proper county prosecutor or city
attorney for appropriate action whenever the law enforcement agency’s investigation reveals that a crime may have
been committed. The law enforcement agency shall also
notify the department of all reports received and the law enforcement agency’s disposition of them. In emergency
cases, where the child’s welfare is endangered, the law
enforcement agency shall notify the department within twenty-four hours. In all other cases, the law enforcement
agency shall notify the department within seventy-two hours
after a report is received by the law enforcement agency.
(6) Any county prosecutor or city attorney receiving a
report under subsection (5) of this section shall notify the
victim, any persons the victim requests, and the local office
of the department, of the decision to charge or decline to
charge a crime, within five days of making the decision.
(7) The department may conduct ongoing case planning
and consultation with those persons or agencies required to
report under this section, with consultants designated by the
department, and with designated representatives of Washington Indian tribes if the client information exchanged is
pertinent to cases currently receiving child protective
services. Upon request, the department shall conduct such
planning and consultation with those persons required to
report under this section if the department determines it is in
the best interests of the child. Information considered
privileged by statute and not directly related to reports
required by this section must not be divulged without a valid
written waiver of the privilege.
(8) Any case referred to the department by a physician
licensed under chapter 18.57 or 18.71 RCW on the basis of
an expert medical opinion that child abuse, neglect, or sexual
assault has occurred and that the child’s safety will be
seriously endangered if returned home, the department shall
file a dependency petition unless a second licensed physician
of the parents’ choice believes that such expert medical
opinion is incorrect. If the parents fail to designate a second
physician, the department may make the selection. If a physician finds that a child has suffered abuse or neglect but
that such abuse or neglect does not constitute imminent
danger to the child’s health or safety, and the department
agrees with the physician’s assessment, the child may be left
[Title 26 RCW—page 139]
26.44.030
Title 26 RCW: Domestic Relations
in the parents’ home while the department proceeds with
reasonable efforts to remedy parenting deficiencies.
(9) Persons or agencies exchanging information under
subsection (7) of this section shall not further disseminate or
release the information except as authorized by state or
federal statute. Violation of this subsection is a misdemeanor.
(10) Upon receiving reports of alleged abuse or neglect,
the department or law enforcement agency may interview
children. The interviews may be conducted on school
premises, at day-care facilities, at the child’s home, or at
other suitable locations outside of the presence of parents.
Parental notification of the interview must occur at the
earliest possible point in the investigation that will not
jeopardize the safety or protection of the child or the course
of the investigation. Prior to commencing the interview the
department or law enforcement agency shall determine
whether the child wishes a third party to be present for the
interview and, if so, shall make reasonable efforts to accommodate the child’s wishes. Unless the child objects, the department or law enforcement agency shall make reasonable
efforts to include a third party in any interview so long as
the presence of the third party will not jeopardize the course
of the investigation.
(11) Upon receiving a report of alleged child abuse and
neglect, the department or investigating law enforcement
agency shall have access to all relevant records of the child
in the possession of mandated reporters and their employees.
(12) The department shall maintain investigation records
and conduct timely and periodic reviews of all cases constituting abuse and neglect. The department shall maintain a
log of screened-out nonabusive cases.
(13) The department shall use a risk assessment process
when investigating alleged child abuse and neglect referrals.
The department shall present the risk factors at all hearings
in which the placement of a dependent child is an issue.
Substance abuse must be a risk factor. The department shall,
within funds appropriated for this purpose, offer enhanced
community-based services to persons who are determined not
to require further state intervention.
The department shall provide annual reports to the
legislature on the effectiveness of the risk assessment
process.
(14) Upon receipt of a report of alleged abuse or neglect
the law enforcement agency may arrange to interview the
person making the report and any collateral sources to
determine if any malice is involved in the reporting.
(15) The department shall make reasonable efforts to
learn the name, address, and telephone number of each
person making a report of abuse or neglect under this section. The department shall provide assurances of appropriate
confidentiality of the identification of persons reporting
under this section. If the department is unable to learn the
information required under this subsection, the department
shall only investigate cases in which: (a) The department
believes there is a serious threat of substantial harm to the
child; (b) the report indicates conduct involving a criminal
offense that has, or is about to occur, in which the child is
the victim; or (c) the department has, after investigation, a
report of abuse or neglect that has been founded with regard
to a member of the household within three years of receipt
of the referral. [1999 c 267 § 20; 1999 c 176 § 30; 1998 c
[Title 26 RCW—page 140]
328 § 5; 1997 c 386 § 25; 1996 c 278 § 2; 1995 c 311 § 17.
Prior: 1993 c 412 § 13; 1993 c 237 § 1; 1991 c 111 § 1;
1989 c 22 § 1; prior: 1988 c 142 § 2; 1988 c 39 § 1; prior:
1987 c 524 § 10; 1987 c 512 § 23; 1987 c 206 § 3; 1986 c
145 § 1; 1985 c 259 § 2; 1984 c 97 § 3; 1982 c 129 § 7;
1981 c 164 § 2; 1977 ex.s. c 80 § 26; 1975 1st ex.s. c 217
§ 3; 1971 ex.s. c 167 § 1; 1969 ex.s. c 35 § 3; 1965 c 13 §
3.]
Reviser’s note: This section was amended by 1999 c 176 § 30 and
by 1999 c 267 § 20, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Findings—Intent—Severability—1999 c 267: See notes following
RCW 43.20A.790.
Short title—Purpose—Entitlement not granted—Federal waivers—
1999 c 267 §§ 10-26: See RCW 74.15.900 and 74.15.901.
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Finding—Intent—1996 c 278: "The legislature finds that including
certain department of corrections personnel among the professionals who are
mandated to report suspected abuse or neglect of children, dependent adults,
or people with developmental disabilities is an important step toward
improving the protection of these vulnerable populations. The legislature
intends, however, to limit the circumstances under which department of
corrections personnel are mandated reporters of suspected abuse or neglect
to only those circumstances when the information is obtained during the
course of their employment. This act is not to be construed to alter the
circumstances under which other professionals are mandated to report
suspected abuse or neglect, nor is it the legislature’s intent to alter current
practices and procedures utilized by other professional organizations who
are mandated reporters under RCW 26.44.030(1)(a)." [1996 c 278 § 1.]
Severability—1987 c 512: See RCW 18.19.901.
Legislative findings—1985 c 259: "The Washington state legislature
finds and declares:
The children of the state of Washington are the state’s greatest
resource and the greatest source of wealth to the state of Washington.
Children of all ages must be protected from child abuse. Governmental
authorities must give the prevention, treatment, and punishment of child
abuse the highest priority, and all instances of child abuse must be reported
to the proper authorities who should diligently and expeditiously take
appropriate action, and child abusers must be held accountable to the people
of the state for their actions.
The legislature recognizes the current heavy caseload of governmental
authorities responsible for the prevention, treatment, and punishment of
child abuse. The information obtained by child abuse reporting requirements, in addition to its use as a law enforcement tool, will be used to
determine the need for additional funding to ensure that resources for
appropriate governmental response to child abuse are available." [1985 c
259 § 1.]
Severability—1984 c 97: See RCW 74.34.900.
Severability—1982 c 129: See note following RCW 9A.04.080.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
26.44.031 Unfounded referrals—Report retention.
To protect the privacy in reporting and the maintenance of
reports of nonaccidental injury, neglect, death, sexual abuse,
and cruelty to children by their parents, and to safeguard
against arbitrary, malicious, or erroneous information or
actions, the department shall not maintain information related
to unfounded referrals in files or reports of child abuse or
neglect for longer than six years except as provided in this
section.
At the end of six years from receipt of the unfounded
report, the information shall be purged unless an additional
(2002 Ed.)
Abuse of Children
report has been received in the intervening period. [1997 c
282 § 1.]
26.44.032 Legal defense of public employee. In
cases in which a public employee subject to RCW 26.44.030
acts in good faith and without gross negligence in his or her
reporting duty, and if the employee’s judgment as to what
constitutes reasonable cause to believe that a child has
suffered abuse or neglect is being challenged, the public
employer shall provide for the legal defense of the employee. [1999 c 176 § 31; 1988 c 87 § 1.]
26.44.031
(6) Any evidence of previous injuries, including their
nature and extent; and
(7) Any other information that may be helpful in
establishing the cause of the child’s death, injury, or injuries
and the identity of the alleged perpetrator or perpetrators.
[1999 c 176 § 32; 1997 c 386 § 27; 1993 c 412 § 14; 1987
c 206 § 4; 1984 c 97 § 4; 1977 ex.s. c 80 § 27; 1975 1st
ex.s. c 217 § 4; 1971 ex.s. c 167 § 2; 1969 ex.s. c 35 § 4;
1965 c 13 § 4.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
26.44.035 Response to complaint by more than one
agency—Procedure—Written records. (1) If the department or a law enforcement agency responds to a complaint
of alleged child abuse or neglect and discovers that another
agency has also responded to the complaint, the agency shall
notify the other agency of their presence, and the agencies
shall coordinate the investigation and keep each other
apprised of progress.
(2) The department, each law enforcement agency, each
county prosecuting attorney, each city attorney, and each
court shall make as soon as practicable a written record and
shall maintain records of all incidents of suspected child
abuse reported to that person or agency.
(3) Every employee of the department who conducts an
interview of any person involved in an allegation of abuse or
neglect shall retain his or her original written records or
notes setting forth the content of the interview unless the
notes were entered into the electronic system operated by the
department which is designed for storage, retrieval, and
preservation of such records.
(4) Written records involving child sexual abuse shall,
at a minimum, be a near verbatim record for the disclosure
interview. The near verbatim record shall be produced
within fifteen calendar days of the disclosure interview,
unless waived by management on a case-by-case basis.
(5) Records kept under this section shall be identifiable
by means of an agency code for child abuse. [1999 c 389
§ 7; 1997 c 386 § 26; 1985 c 259 § 3.]
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Severability—1984 c 97: See RCW 74.34.900.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
26.44.050 Abuse or neglect of child—Duty of law
enforcement agency or department of social and health
services—Taking child into custody without court order,
when. Upon the receipt of a report concerning the possible
occurrence of abuse or neglect, the law enforcement agency
or the department of social and health services must investigate and provide the protective services section with a report
in accordance with chapter 74.13 RCW, and where necessary
to refer such report to the court.
A law enforcement officer may take, or cause to be
taken, a child into custody without a court order if there is
probable cause to believe that the child is abused or neglected and that the child would be injured or could not be taken
into custody if it were necessary to first obtain a court order
pursuant to RCW 13.34.050. The law enforcement agency
or the department of social and health services investigating
such a report is hereby authorized to photograph such a child
for the purpose of providing documentary evidence of the
physical condition of the child. [1999 c 176 § 33. Prior:
1987 c 450 § 7; 1987 c 206 § 5; 1984 c 97 § 5; 1981 c 164
§ 3; 1977 ex.s. c 291 § 51; 1977 ex.s. c 80 § 28; 1975 1st
ex.s. c 217 § 5; 1971 ex.s. c 302 § 15; 1969 ex.s. c 35 § 5;
1965 c 13 § 5.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Legislative findings—1985 c 259: See note following RCW
26.44.030.
26.44.040 Reports—Oral, written—Contents. An
immediate oral report must be made by telephone or otherwise to the proper law enforcement agency or the department
of social and health services and, upon request, must be
followed by a report in writing. Such reports must contain
the following information, if known:
(1) The name, address, and age of the child;
(2) The name and address of the child’s parents,
stepparents, guardians, or other persons having custody of
the child;
(3) The nature and extent of the alleged injury or
injuries;
(4) The nature and extent of the alleged neglect;
(5) The nature and extent of the alleged sexual abuse;
(2002 Ed.)
Findings—Purpose—Severability—Conflict with federal requirements—1999 c 176: See notes following RCW 74.34.005.
Severability—1984 c 97: See RCW 74.34.900.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Severability—1971 ex.s. c 302: See note following RCW 9.41.010.
26.44.053 Guardian ad litem, appointment—
Examination of person having legal custody—Hearing—
Procedure. (1) In any judicial proceeding under this chapter
or chapter 13.34 RCW in which it is alleged that a child has
been subjected to child abuse or neglect, the court shall
appoint a guardian ad litem for the child as provided in
chapter 13.34 RCW. The requirement of a guardian ad litem
may be deemed satisfied if the child is represented by
counsel in the proceedings.
(2) At any time prior to or during a hearing in such a
case, the court may, on its own motion, or the motion of the
guardian ad litem, or other parties, order the examination by
a physician, psychologist, or psychiatrist, of any parent or
[Title 26 RCW—page 141]
26.44.053
Title 26 RCW: Domestic Relations
child or other person having custody of the child at the time
of the alleged child abuse or neglect, if the court finds such
an examination is necessary to the proper determination of
the case. The hearing may be continued pending the
completion of such examination. The physician, psychologist, or psychiatrist conducting such an examination may be
required to testify concerning the results of such examination
and may be asked to give his or her opinion as to whether
the protection of the child requires that he or she not be
returned to the custody of his or her parents or other persons
having custody of him or her at the time of the alleged child
abuse or neglect. Persons so testifying shall be subject to
cross-examination as are other witnesses. No information
given at any such examination of the parent or any other
person having custody of the child may be used against such
person in any subsequent criminal proceedings against such
person or custodian concerning the alleged abuse or neglect
of the child.
(3) A parent or other person having legal custody of a
child alleged to be abused or neglected shall be a party to
any proceeding that may impair or impede such person’s
interest in and custody or control of the child. [1997 c 386
§ 28; 1996 c 249 § 16; 1994 c 110 § 1; 1993 c 241 § 4.
Prior: 1987 c 524 § 11; 1987 c 206 § 7; 1975 1st ex.s. c
217 § 8.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Intent—1996 c 249: See note following RCW 2.56.030.
Conflict with federal requirements—1993 c 241: See note
following RCW 13.34.030.
26.44.056 Protective detention or custody of abused
child—Reasonable cause—Notice—Time limits—
Monitoring plan—Liability. (1) An administrator of a
hospital or similar institution or any physician, licensed
pursuant to chapters 18.71 or 18.57 RCW, may detain a
child without consent of a person legally responsible for the
child whether or not medical treatment is required, if the
circumstances or conditions of the child are such that the
detaining individual has reasonable cause to believe that
permitting the child to continue in his or her place of
residence or in the care and custody of the parent, guardian,
custodian or other person legally responsible for the child’s
care would present an imminent danger to that child’s
safety: PROVIDED, That such administrator or physician
shall notify or cause to be notified the appropriate law
enforcement agency or child protective services pursuant to
RCW 26.44.040. Such notification shall be made as soon as
possible and in no case longer than seventy-two hours. Such
temporary protective custody by an administrator or doctor
shall not be deemed an arrest. Child protective services may
detain the child until the court assumes custody, but in no
case longer than seventy-two hours, excluding Saturdays,
Sundays, and holidays.
(2) Whenever an administrator or physician has reasonable cause to believe that a child would be in imminent
danger if released to a parent, guardian, custodian, or other
person or is in imminent danger if left in the custody of a
parent, guardian, custodian, or other person, the administrator
or physician may notify a law enforcement agency and the
law enforcement agency shall take the child into custody or
cause the child to be taken into custody. The law enforce[Title 26 RCW—page 142]
ment agency shall release the child to the custody of child
protective services. Child protective services shall detain the
child until the court assumes custody or upon a documented
and substantiated record that in the professional judgment of
the child protective services the child’s safety will not be
endangered if the child is returned. If the child is returned,
the department shall establish a six-month plan to monitor
and assure the continued safety of the child’s life or health.
The monitoring period may be extended for good cause.
(3) A child protective services employee, an administrator, doctor, or law enforcement officer shall not be held
liable in any civil action for the decision for taking the child
into custody, if done in good faith under this section. [1983
c 246 § 3; 1982 c 129 § 8; 1975 1st ex.s. c 217 § 9.]
Severability—1982 c 129: See note following RCW 9A.04.080.
26.44.060 Immunity from civil or criminal liability—Confidential communications not violated—Actions
against state not affected—False report, penalty. (1)(a)
Except as provided in (b) of this subsection, any person
participating in good faith in the making of a report pursuant
to this chapter or testifying as to alleged child abuse or
neglect in a judicial proceeding shall in so doing be immune
from any liability arising out of such reporting or testifying
under any law of this state or its political subdivisions.
(b) A person convicted of a violation of subsection (4)
of this section shall not be immune from liability under (a)
of this subsection.
(2) An administrator of a hospital or similar institution
or any physician licensed pursuant to chapters 18.71 or 18.57
RCW taking a child into custody pursuant to RCW
26.44.056 shall not be subject to criminal or civil liability for
such taking into custody.
(3) Conduct conforming with the reporting requirements
of this chapter shall not be deemed a violation of the
confidential communication privilege of RCW 5.60.060 (3)
and (4), 18.53.200 and 18.83.110. Nothing in this chapter
shall be construed as to supersede or abridge remedies
provided in chapter 4.92 RCW.
(4) A person who, intentionally and in bad faith or
maliciously, knowingly makes a false report of alleged abuse
or neglect shall be guilty of a misdemeanor punishable in
accordance with RCW 9A.20.021. [1997 c 386 § 29; 1988
c 142 § 3; 1982 c 129 § 9; 1975 1st ex.s. c 217 § 6; 1965 c
13 § 6.]
Application—Effective date—1997 c 386: See notes following RCW
74.14D.010.
Severability—1982 c 129: See note following RCW 9A.04.080.
Nurse-patient privilege subject to RCW 26.44.060(3): RCW 5.62.030.
26.44.063 Temporary restraining order or preliminary injunction—Enforcement—Notice of modification or
termination of restraining order. (1) It is the intent of the
legislature to minimize trauma to a child involved in an
allegation of sexual or physical abuse. The legislature
declares that removing the child from the home often has the
effect of further traumatizing the child. It is, therefore, the
legislature’s intent that the alleged offender, rather than the
child, shall be removed from the home and that this should
be done at the earliest possible point of intervention in
(2002 Ed.)
Abuse of Children
accordance with RCW 10.31.100, 13.34.130, this section,
and RCW 26.44.130.
(2) In any judicial proceeding in which it is alleged that
a child has been subjected to sexual or physical abuse, if the
court finds reasonable grounds to believe that an incident of
sexual or physical abuse has occurred, the court may, on its
own motion, or the motion of the guardian ad litem or other
parties, issue a temporary restraining order or preliminary
injunction restraining or enjoining the person accused of
committing the abuse from:
(a) Molesting or disturbing the peace of the alleged
victim;
(b) Entering the family home of the alleged victim
except as specifically authorized by the court;
(c) Having any contact with the alleged victim, except
as specifically authorized by the court;
(d) Knowingly coming within, or knowingly remaining
within, a specified distance of a specified location.
(3) In issuing a temporary restraining order or preliminary injunction, the court may impose any additional
restrictions that the court in its discretion determines are
necessary to protect the child from further abuse or emotional trauma pending final resolution of the abuse allegations.
(4) The court shall issue a temporary restraining order
prohibiting a person from entering the family home if the
court finds that the order would eliminate the need for an
out-of-home placement to protect the child’s right to
nurturance, health, and safety and is sufficient to protect the
child from further sexual or physical abuse or coercion.
(5) The court may issue a temporary restraining order
without requiring notice to the party to be restrained or other
parties only if it finds on the basis of the moving affidavit or
other evidence that irreparable injury could result if an order
is not issued until the time for responding has elapsed.
(6) A temporary restraining order or preliminary
injunction:
(a) Does not prejudice the rights of a party or any child
which are to be adjudicated at subsequent hearings in the
proceeding; and
(b) May be revoked or modified.
(7) The person having physical custody of the child
shall have an affirmative duty to assist in the enforcement of
the restraining order including but not limited to a duty to
notify the court as soon as practicable of any violation of the
order, a duty to request the assistance of law enforcement
officers to enforce the order, and a duty to notify the
department of social and health services of any violation of
the order as soon as practicable if the department is a party
to the action. Failure by the custodial party to discharge
these affirmative duties shall be subject to contempt proceedings.
(8) Willful violation of a court order entered under this
section is a misdemeanor. A written order shall contain the
court’s directive and shall bear the legend: "Violation of this
order with actual notice of its terms is a criminal offense
under chapter 26.44 RCW, is also subject to contempt
proceedings, and will subject a violator to arrest."
(9) If a restraining order issued under this section is
modified or terminated, the clerk of the court shall notify the
law enforcement agency specified in the order on or before
the next judicial day. Upon receipt of notice that an order
(2002 Ed.)
26.44.063
has been terminated, the law enforcement agency shall
remove the order from any computer-based criminal intelligence system. [2000 c 119 § 12; 1993 c 412 § 15; 1988 c
190 § 3; 1985 c 35 § 1.]
Application—2000 c 119: See note following RCW 26.50.021.
Ex parte temporary order for protection: RCW 26.50.070.
Orders for protection in cases of domestic violence: RCW 26.50.030.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.44.067 Temporary restraining order or preliminary injunction—Contents—Notice—Noncompliance—
Defense—Penalty. (1) Any person having had actual notice
of the existence of a restraining order issued by a court of
competent jurisdiction pursuant to RCW 26.44.063 who
refuses to comply with the provisions of such order shall be
guilty of a misdemeanor.
(2) The notice requirements of subsection (1) of this
section may be satisfied by the peace officer giving oral or
written evidence to the person subject to the order by
reading from or handing to that person a copy certified by a
notary public or the clerk of the court to be an accurate copy
of the original court order which is on file. The copy may
be supplied by the court or any party.
(3) The remedies provided in this section shall not apply
unless restraining orders subject to this section bear this
legend: VIOLATION OF THIS ORDER WITH ACTUAL
NOTICE OF ITS TERMS IS A CRIMINAL OFFENSE
UNDER CHAPTER 26.44 RCW AND IS ALSO SUBJECT
TO CONTEMPT PROCEEDINGS.
(4) It is a defense to prosecution under subsection (1) of
this section that the court order was issued contrary to law
or court rule. No right of action shall accrue against any
peace officer acting upon a properly certified copy of a court
order lawful on its face if such officer employs otherwise
lawful means to effect the arrest. [2000 c 119 § 13; 1993 c
412 § 16; 1989 c 373 § 23; 1985 c 35 § 2.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1989 c 373: See RCW 7.21.900.
26.44.075 Inclusion of number of child abuse
reports and cases in prosecuting attorney’s annual report. Commencing in 1986, the prosecuting attorney shall
include in the annual report a section stating the number of
child abuse reports received by the office under this chapter
and the number of cases where charges were filed. [1985 c
259 § 4.]
Legislative findings—1985 c 259: See note following RCW
26.44.030.
26.44.080 Violation—Penalty. Every person who is
required to make, or to cause to be made, a report pursuant
to RCW 26.44.030 and 26.44.040, and who knowingly fails
to make, or fails to cause to be made, such report, shall be
guilty of a gross misdemeanor. [1982 c 129 § 10; 1971 ex.s.
c 167 § 3.]
Severability—1982 c 129: See note following RCW 9A.04.080.
26.44.100 Information about rights—Legislative
purpose—Notification of investigation, report, and
[Title 26 RCW—page 143]
26.44.100
Title 26 RCW: Domestic Relations
findings. (1) The legislature finds parents and children often
are not aware of their due process rights when agencies are
investigating allegations of child abuse and neglect. The legislature reaffirms that all citizens, including parents, shall be
afforded due process, that protection of children remains the
priority of the legislature, and that this protection includes
protecting the family unit from unnecessary disruption. To
facilitate this goal, the legislature wishes to ensure that
parents and children be advised in writing and orally, if
feasible, of their basic rights and other specific information
as set forth in this chapter, provided that nothing contained
in this chapter shall cause any delay in protective custody
action.
(2) The department shall notify the alleged perpetrator
of the allegations of child abuse and neglect at the earliest
possible point in the investigation that will not jeopardize the
safety and protection of the child or the investigation
process.
Whenever the department completes an investigation of
a child abuse or neglect report under chapter 26.44 RCW,
the department shall notify the alleged perpetrator of the
report and the department’s investigative findings. The
notice shall also advise the alleged perpetrator that:
(a) A written response to the report may be provided to
the department and that such response will be filed in the
record following receipt by the department;
(b) Information in the department’s record may be
considered in subsequent investigations or proceedings
related to child protection or child custody;
(c) Founded reports of child abuse and neglect may be
considered in determining whether the person is disqualified
from being licensed to provide child care, employed by a
licensed child care agency, or authorized by the department
to care for children; and
(d) An alleged perpetrator named in a founded report of
child abuse or neglect has the right to seek review of the
finding as provided in this chapter.
(3) The notification required by this section shall be
made by certified mail, return receipt requested, to the
person’s last known address.
(4) The duty of notification created by this section is
subject to the ability of the department to ascertain the
location of the person to be notified. The department shall
exercise reasonable, good-faith efforts to ascertain the
location of persons entitled to notification under this section.
[1998 c 314 § 8; 1997 c 282 § 2; 1993 c 412 § 17; 1985 c
183 § 1.]
26.44.105 Information about rights—Oral and
written information—Copies of dependency petition and
any court order. Whenever a dependency petition is filed
by the department of social and health services, it shall
advise the parents, and any child over the age of twelve who
is subject to the dependency action, of their respective rights
under RCW 13.34.090. The parents and the child shall be
provided a copy of the dependency petition and a copy of
any court orders which have been issued. This advice of
rights under RCW 13.34.090 shall be in writing. The
department caseworker shall also make reasonable efforts to
advise the parent and child of these same rights orally.
[1985 c 183 § 2.]
[Title 26 RCW—page 144]
26.44.110 Information about rights—Custody
without court order—Written statement required—
Contents. If a child has been taken into custody by law
enforcement pursuant to RCW 26.44.050, the law enforcement agency shall leave a written statement with a parent or
in the residence of the parent if no parent is present. The
statement shall give the reasons for the removal of the child
from the home and the telephone number of the child
protective services office in the parent’s jurisdiction. [1985
c 183 § 3.]
26.44.115 Child taken into custody under court
order—Information to parents. If a child is taken into
custody by child protective services pursuant to a court order
issued under RCW 13.34.062, the child protective services
worker shall take reasonable steps to advise the parents
immediately, regardless of the time of day, that the child has
been taken into custody, the reasons why the child was taken
into custody, and general information about the child’s
placement. The department shall comply with RCW
13.34.060 when providing notice under this section. [2000
c 122 § 39; 1990 c 246 § 10; 1985 c 183 § 4.]
Severability—1990 c 246: See note following RCW 13.34.060.
26.44.120 Information about rights—Notice to
noncustodial parent. Whenever the child protective
services worker is required to notify parents and children of
their basic rights and other specific information as set forth
in RCW 26.44.105 through 26.44.115, the child protective
services worker shall also make a reasonable effort to notify
the noncustodial parent of the same information in a timely
manner. [1985 c 183 § 5.]
26.44.125 Alleged perpetrators—Right to review
and amendment of finding—Hearing. (1) A person who
is named as an alleged perpetrator after October 1, 1998, in
a founded report of child abuse or neglect has the right to
seek review and amendment of the finding as provided in
this section.
(2) Within twenty calendar days after receiving written
notice from the department under RCW 26.44.100 that a
person is named as an alleged perpetrator in a founded report
of child abuse or neglect, he or she may request that the
department review the finding. The request must be made
in writing. If a request for review is not made as provided
in this subsection, the alleged perpetrator may not further
challenge the finding and shall have no right to agency
review or to an adjudicative hearing or judicial review of the
finding.
(3) Upon receipt of a written request for review, the
department shall review and, if appropriate, may amend the
finding. Management level staff within the children’s
administration designated by the secretary shall be responsible for the review. The review must be conducted in
accordance with procedures the department establishes by
rule. Upon completion of the review, the department shall
notify the alleged perpetrator in writing of the agency’s
determination. The notification must be sent by certified
mail, return receipt requested, to the person’s last known
address.
(2002 Ed.)
Abuse of Children
(4) If, following agency review, the report remains
founded, the person named as the alleged perpetrator in the
report may request an adjudicative hearing to contest the
finding. The adjudicative proceeding is governed by chapter
34.05 RCW and this section. The request for an adjudicative
proceeding must be filed within thirty calendar days after
receiving notice of the agency review determination. If a
request for an adjudicative proceeding is not made as
provided in this subsection, the alleged perpetrator may not
further challenge the finding and shall have no right to
agency review or to an adjudicative hearing or judicial
review of the finding.
(5) Reviews and hearings conducted under this section
are confidential and shall not be open to the public. Information about reports, reviews, and hearings may be disclosed
only in accordance with federal and state laws pertaining to
child welfare records and child protective services reports.
(6) The department may adopt rules to implement this
section. [1998 c 314 § 9.]
Effective date—1998 c 314 § 9: "Section 9 of this act takes effect
October 1, 1998." [1998 c 314 § 45.]
26.44.130 Arrest without warrant. When a peace
officer responds to a call alleging that a child has been
subjected to sexual or physical abuse or criminal mistreatment and has probable cause to believe that a crime has been
committed or responds to a call alleging that a temporary
restraining order or preliminary injunction has been violated,
the peace officer has the authority to arrest the person
without a warrant pursuant to RCW 10.31.100. [2002 c 219
§ 11; 1988 c 190 § 4.]
Intent—Finding—2002 c 219: See note following RCW 9A.42.037.
26.44.140 Treatment for abusive person removed
from home. The court shall require that an individual who,
while acting in a parental role, has physically or sexually
abused a child and has been removed from the home
pursuant to a court order issued in a proceeding under
chapter 13.34 RCW, prior to being permitted to reside in the
home where the child resides, complete the treatment and
education requirements necessary to protect the child from
future abuse. The court may require the individual to
continue treatment as a condition for remaining in the home
where the child resides. Unless a parent, custodian, or
guardian has been convicted of the crime for the acts of
abuse determined in a fact-finding hearing under chapter
13.34 RCW, such person shall not be required to admit guilt
in order to begin to fulfill any necessary treatment and
education requirements under this section.
The department of social and health services or supervising agency shall be responsible for advising the court as
to appropriate treatment and education requirements, providing referrals to the individual, monitoring and assessing the
individual’s progress, informing the court of such progress,
and providing recommendations to the court.
The person removed from the home shall pay for these
services unless the person is otherwise eligible to receive
financial assistance in paying for such services. Nothing in
this section shall be construed to create in any person an
entitlement to services or financial assistance in paying for
(2002 Ed.)
26.44.125
services. [1997 c 344 § 1; 1991 c 301 § 15; 1990 c 3 §
1301.]
Finding—1991 c 301: See note following RCW 10.99.020.
Index, part headings not law—Severability—Effective dates—
Application—1990 c 3: See RCW 18.155.900 through 18.155.902.
26.44.150 Temporary restraining order restricting
visitation for persons accused of sexually or physically
abusing a child—Penalty for violating court order. (1) If
a person who has unsupervised visitation rights with a minor
child pursuant to a court order is accused of sexually or
physically abusing a child and the alleged abuse has been
reported to the proper authorities for investigation, the law
enforcement officer conducting the investigation may file an
affidavit with the prosecuting attorney stating that the person
is currently under investigation for sexual or physical abuse
of a child and that there is a risk of harm to the child if a
temporary restraining order is not entered. Upon receipt of
the affidavit, the prosecuting attorney shall determine
whether there is a risk of harm to the child if a temporary
restraining order is not entered. If the prosecutor determines
there is a risk of harm, the prosecutor shall immediately file
a motion for an order to show cause seeking to restrict
visitation with the child, and seek a temporary restraining
order. The restraining order shall be issued for up to ninety
days or until the investigation has been concluded in favor
of the alleged abuser, whichever is shorter.
(2) Willful violation of a court order entered under this
section is a misdemeanor. The court order shall state:
"Violation of this order is a criminal offense under chapter
26.44 RCW and will subject the violator to arrest." [1993 c
412 § 18.]
26.44.160 Allegations that child under twelve
committed sex offense—Investigation—Referral to
prosecuting attorney—Referral to department—Referral
for treatment. (1) If a law enforcement agency receives a
complaint that alleges that a child under age twelve has
committed a sex offense as defined in RCW 9.94A.030, the
agency shall investigate the complaint. If the investigation
reveals that probable cause exists to believe that the youth
may have committed a sex offense and the child is at least
eight years of age, the agency shall refer the case to the
proper county prosecuting attorney for appropriate action to
determine whether the child may be prosecuted or is a
sexually aggressive youth. If the child is less than eight
years old, the law enforcement agency shall refer the case to
the department.
(2) If the prosecutor or a judge determines the child
cannot be prosecuted for the alleged sex offense because the
child is incapable of committing a crime as provided in
RCW 9A.04.050 and the prosecutor believes that probable
cause exists to believe that the child engaged in acts that
would constitute a sex offense, the prosecutor shall refer the
child as a sexually aggressive youth to the department. The
prosecutor shall provide the department with an affidavit
stating that the prosecutor has determined that probable
cause exists to believe that the juvenile has committed acts
that could be prosecuted as a sex offense but the case is not
being prosecuted because the juvenile is incapable of
committing a crime as provided in RCW 9A.04.050.
[Title 26 RCW—page 145]
26.44.160
Title 26 RCW: Domestic Relations
(3) The department shall investigate any referrals that
allege that a child is a sexually aggressive youth. The
purpose of the investigation shall be to determine whether
the child is abused or neglected, as defined in this chapter,
and whether the child or the child’s parents are in need of
services or treatment. The department may offer appropriate
available services and treatment to a sexually aggressive
youth and his or her parents or legal guardians as provided
in RCW 74.13.075 and may refer the child and his or her
parents to appropriate treatment and services available within
the community. If the parents refuse to accept or fail to
obtain appropriate treatment or services under circumstances
that indicate that the refusal or failure is child abuse or
neglect, as defined in this chapter, the department may
pursue a dependency action as provided in chapter 13.34
RCW.
(4) Nothing in this section shall affect the responsibility
of a law enforcement agency to report incidents of abuse or
neglect as required in RCW 26.44.030(5). [1993 c 402 § 2.]
26.44.170 Alleged child abuse or neglect—Use of
alcohol or controlled substances as contributing factor—
Evaluation. (1) When, as a result of a report of alleged
child abuse or neglect, an investigation is made that includes
an in-person contact with the person who is alleged to have
committed the abuse or neglect, there shall be a determination of whether it is probable that the use of alcohol or
controlled substances is a contributing factor to the alleged
abuse or neglect.
(2) The department shall provide appropriate training for
persons who conduct the investigations under subsection (1)
of this section. The training shall include methods of
identifying indicators of abuse of alcohol or controlled
substances.
(3) If a determination is made under subsection (1) of
this section that there is probable cause to believe abuse of
alcohol or controlled substances has contributed to the child
abuse or neglect, the department shall, within available
funds, cause a comprehensive chemical dependency evaluation to be made of the person or persons so identified. The
evaluation shall be conducted by a physician or persons
certified under rules adopted by the department to make such
evaluation. The department shall perform the duties assigned under this section within existing personnel resources.
[1997 c 386 § 48.]
26.44.180 Investigation of child sexual abuse—
Protocols—Documentation of agencies’ roles. (1) Each
agency involved in investigating child sexual abuse shall
document its role in handling cases and how it will coordinate with other local agencies or systems and shall adopt a
local protocol based on the state guidelines. The department
and local law enforcement agencies may include other
agencies and systems that are involved with child sexual
abuse victims in the multidisciplinary coordination.
(2) Each county shall develop a written protocol for
handling criminal child sexual abuse investigations. The
protocol shall address the coordination of child sexual abuse
investigations between the prosecutor’s office, law enforcement, the department, local advocacy groups, and any other
local agency involved in the criminal investigation of child
[Title 26 RCW—page 146]
sexual abuse, including those investigations involving
multiple victims and multiple offenders. The protocol shall
be developed by the prosecuting attorney with the assistance
of the agencies referenced in this subsection.
(3) Local protocols under this section shall be adopted
and in place by July 1, 2000, and shall be submitted to the
legislature prior to that date. [1999 c 389 § 4.]
26.44.190 Investigation of child abuse or neglect—
Participation by law enforcement officer. A law enforcement agency shall not allow a law enforcement officer to
participate as an investigator in the investigation of alleged
abuse or neglect concerning a child for whom the law
enforcement officer is, or has been, a parent, guardian, or
foster parent. This section is not intended to limit the
authority or duty of a law enforcement officer to report,
testify, or be examined as authorized or required by this
chapter, or to perform other official duties as a law enforcement officer. [1999 c 389 § 9.]
Findings—Intent—1999 c 389 § 9: "The legislature finds that the
parent, guardian, or foster parent of a child who may be the victim of abuse
or neglect may become involved in the investigation of the abuse or neglect.
The parent, guardian, or foster parent may also be made a party to later
court proceedings and be subject to a court-ordered examination by a
physician, psychologist, or psychiatrist. It is the intent of the legislature by
enacting section 9 of this act to avoid actual or perceived conflicts of
interest that may occur when the parent, guardian, or foster parent is also
a law enforcement officer and is assigned to conduct the investigation of
alleged abuse or neglect concerning the child." [1999 c 389 § 8.]
26.44.200 Methamphetamine manufacture—
Presence of child. A law enforcement agency in the course
of investigating: (1) An allegation under RCW 69.50.401(a)
relating to manufacture of methamphetamine; or (2) an
allegation under RCW 69.50.440 relating to possession of
ephedrine or any of its salts or isomers or salts of isomers,
pseudoephedrine or any of its salts or isomers or salts of
isomers, pressurized ammonia gas, or pressurized ammonia
gas solution with intent to manufacture methamphetamine,
that discovers a child present at the site, shall contact the
department immediately. [2002 c 134 § 4; 2001 c 52 § 3.]
Effective date—2002 c 134: See note following RCW 69.50.440.
Finding—Construction—2001 c 52: See notes following RCW
13.34.350.
26.44.210 Alleged child abuse or neglect at state
school for the deaf—Investigation by department—
Investigation report. (1) The department must investigate
referrals of alleged child abuse or neglect occurring at the
state school for the deaf, including alleged incidents involving students abusing other students; determine whether there
is a finding of abuse or neglect; and determine whether a
referral to law enforcement is appropriate under this chapter.
(2) The department must send a copy of the investigation report, including the finding, regarding any incidents of
alleged child abuse or neglect at the state school for the deaf
to the school’s superintendent. The department may include
recommendations to the superintendent and the board of
trustees or its successor board for increasing the safety of the
school’s students. [2002 c 208 § 1.]
(2002 Ed.)
Abuse of Children
26.44.900 Severability—1975 1st ex.s. c 217. If any
provision of this 1975 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1975 1st ex.s. c 217 §
10.]
Chapter 26.50
DOMESTIC VIOLENCE PREVENTION
Sections
26.50.010
26.50.020
26.50.021
Definitions.
Commencement of action—Jurisdiction—Venue.
Actions on behalf of vulnerable adults—Authority of department of social and health services—Immunity from
liability.
26.50.025 Orders under this chapter and chapter 26.09, 26.10, or 26.26
RCW—Enforcement—Consolidation.
26.50.030 Petition for an order for protection—Availability of forms
and informational brochures—Bond not required.
26.50.035 Development of instructions, informational brochures, forms,
and handbook by the administrator for the courts—
Community resource list—Distribution of master copy.
26.50.040 Fees not permitted—Filing, service of process, certified
copies.
26.50.050 Hearing—Service—Time.
26.50.055 Appointment of interpreter.
26.50.060 Relief—Duration—Realignment of designation of parties—
Award of costs, service fees, and attorneys’ fees.
26.50.070 Ex parte temporary order for protection.
26.50.080 Issuance of order—Assistance of peace officer—Designation
of appropriate law enforcement agency.
26.50.085 Hearing reset after ex parte order—Service by publication—
Circumstances.
26.50.090 Order—Service—Fees.
26.50.095 Order following service by publication.
26.50.100 Order—Transmittal to law enforcement agency—Record in
law enforcement information system—Enforceability.
26.50.110 Violation of order—Penalties.
26.50.115 Enforcement of ex parte order—Knowledge of order prerequisite to penalties—Reasonable efforts to serve copy of
order.
26.50.120 Violation of order—Prosecuting attorney or attorney for
municipality may be requested to assist—Costs and
attorney’s fee.
26.50.123 Service by mail.
26.50.125 Service by publication or mailing—Costs.
26.50.130 Order—Modification—Transmittal.
26.50.135 Residential placement or custody of a child—Prerequisite.
26.50.140 Peace officers—Immunity.
26.50.150 Domestic violence perpetrator programs.
26.50.160 Judicial information system—Data base (as amended by
2000 c 51).
26.50.160 Judicial information system—Data base (as amended by
2000 c 119).
26.50.200 Title to real estate—Effect.
26.50.210 Proceedings additional.
26.50.220 Parenting plan—Designation of parent for other state and
federal purposes.
26.50.900 Short title.
26.50.901 Effective date—1984 c 263.
26.50.902 Severability—1984 c 263.
26.50.903 Severability—1992 c 111.
Abuse of children: Chapter 26.44 RCW.
Arrest without warrant: RCW 10.31.100(2).
Dissolution of marriage: Chapter 26.09 RCW.
Domestic violence, official response: Chapter 10.99 RCW.
Nonparental actions for child custody: Chapter 26.10 RCW.
Shelters for victims of domestic violence: Chapter 70.123 RCW.
(2002 Ed.)
26.44.900
26.50.010 Definitions. As used in this chapter, the
following terms shall have the meanings given them:
(1) "Domestic violence" means: (a) Physical harm,
bodily injury, assault, or the infliction of fear of imminent
physical harm, bodily injury or assault, between family or
household members; (b) sexual assault of one family or
household member by another; or (c) stalking as defined in
RCW 9A.46.110 of one family or household member by another family or household member.
(2) "Family or household members" means spouses,
former spouses, persons who have a child in common
regardless of whether they have been married or have lived
together at any time, adult persons related by blood or
marriage, adult persons who are presently residing together
or who have resided together in the past, persons sixteen
years of age or older who are presently residing together or
who have resided together in the past and who have or have
had a dating relationship, persons sixteen years of age or
older with whom a person sixteen years of age or older has
or has had a dating relationship, and persons who have a
biological or legal parent-child relationship, including
stepparents and stepchildren and grandparents and grandchildren.
(3) "Dating relationship" means a social relationship of
a romantic nature. Factors that the court may consider in
making this determination include: (a) The length of time
the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the
parties.
(4) "Court" includes the superior, district, and municipal
courts of the state of Washington.
(5) "Judicial day" does not include Saturdays, Sundays,
or legal holidays.
(6) "Electronic monitoring" means a program in which
a person’s presence at a particular location is monitored from
a remote location by use of electronic equipment.
(7) "Essential personal effects" means those items
necessary for a person’s immediate health, welfare, and
livelihood. "Essential personal effects" includes but is not
limited to clothing, cribs, bedding, documents, medications,
and personal hygiene items. [1999 c 184 § 13; 1995 c 246
§ 1. Prior: 1992 c 111 § 7; 1992 c 86 § 3; 1991 c 301 § 8;
1984 c 263 § 2.]
Short title—Severability—1999 c 184: See RCW 26.52.900 and
26.52.902.
Severability—1995 c 246: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 246 § 40.]
Findings—1992 c 111: See note following RCW 26.50.030.
Finding—1991 c 301: See note following RCW 10.99.020.
Domestic violence offenses defined: RCW 10.99.020.
26.50.020 Commencement of action—Jurisdiction—
Venue. (1) Any person may seek relief under this chapter
by filing a petition with a court alleging that the person has
been the victim of domestic violence committed by the
respondent. The person may petition for relief on behalf of
himself or herself and on behalf of minor family or household members.
[Title 26 RCW—page 147]
26.50.020
Title 26 RCW: Domestic Relations
(2) A person under eighteen years of age who is sixteen
years of age or older may seek relief under this chapter and
is not required to seek relief by a guardian or next friend.
(3) No guardian or guardian ad litem need be appointed
on behalf of a respondent to an action under this chapter
who is under eighteen years of age if such respondent is
sixteen years of age or older.
(4) The court may, if it deems necessary, appoint a
guardian ad litem for a petitioner or respondent who is a
party to an action under this chapter.
(5) The courts defined in *RCW 26.50.010(3) have
jurisdiction over proceedings under this chapter. The
jurisdiction of district and municipal courts under this
chapter shall be limited to enforcement of RCW
26.50.110(1), or the equivalent municipal ordinance, and the
issuance and enforcement of temporary orders for protection
provided for in RCW 26.50.070 if: (a) A superior court has
exercised or is exercising jurisdiction over a proceeding
under this title or chapter 13.34 RCW involving the parties;
(b) the petition for relief under this chapter presents issues
of residential schedule of and contact with children of the
parties; or (c) the petition for relief under this chapter
requests the court to exclude a party from the dwelling
which the parties share. When the jurisdiction of a district
or municipal court is limited to the issuance and enforcement
of a temporary order, the district or municipal court shall set
the full hearing provided for in RCW 26.50.050 in superior
court and transfer the case. If the notice and order are not
served on the respondent in time for the full hearing, the
issuing court shall have concurrent jurisdiction with the
superior court to extend the order for protection.
(6) An action under this chapter shall be filed in the
county or the municipality where the petitioner resides,
unless the petitioner has left the residence or household to
avoid abuse. In that case, the petitioner may bring an action
in the county or municipality of the previous or the new
household or residence.
(7) A person’s right to petition for relief under this
chapter is not affected by the person leaving the residence or
household to avoid abuse. [1992 c 111 § 8; 1989 c 375 §
28; 1987 c 71 § 1; 1985 c 303 § 1; 1984 c 263 § 3.]
*Reviser’s note: RCW 26.50.010(3) was renumbered as RCW
26.50.010(4) by 1992 c 111 § 7.
Findings—1992 c 111: See note following RCW 26.50.030.
Severability—1989 c 375: See RCW 26.09.914.
Effective date—1985 c 303 §§ 1, 2: "Sections 1 and 2 of this act
shall take effect September 1, 1985." [1985 c 303 § 15.]
26.50.021 Actions on behalf of vulnerable adults—
Authority of department of social and health services—
Immunity from liability. The department of social and
health services, in its discretion, may seek the relief provided
in this chapter on behalf of and with the consent of any
vulnerable adult as those persons are defined in RCW
74.34.020. Neither the department nor the state of Washington shall be liable for failure to seek relief on behalf of any
persons under this section. [2000 c 119 § 1.]
Application—2000 c 119: "The penalties prescribed in this act apply
to violations of court orders which occur on or after July 1, 2000, regardless
of the date the court issued the order." [2000 c 119 § 31.]
[Title 26 RCW—page 148]
26.50.025 Orders under this chapter and chapter
26.09, 26.10, or 26.26 RCW—Enforcement—
Consolidation. (1) Any order available under this chapter
may be issued in actions under chapter 26.09, 26.10, or
26.26 RCW. If an order for protection is issued in an action
under chapter 26.09, 26.10, or 26.26 RCW, the order shall
be issued on the forms mandated by RCW 26.50.035(1). An
order issued in accordance with this subsection is fully
enforceable and shall be enforced under the provisions of
this chapter.
(2) If a party files an action under chapter 26.09, 26.10,
or 26.26 RCW, an order issued previously under this chapter
between the same parties may be consolidated by the court
under that action and cause number. Any order issued under
this chapter after consolidation shall contain the original
cause number and the cause number of the action under
chapter 26.09, 26.10, or 26.26 RCW. Relief under this
chapter shall not be denied or delayed on the grounds that
the relief is available in another action. [1995 c 246 § 2.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.030 Petition for an order for protection—
Availability of forms and informational brochures—Bond
not required. There shall exist an action known as a
petition for an order for protection in cases of domestic
violence.
(1) A petition for relief shall allege the existence of domestic violence, and shall be accompanied by an affidavit
made under oath stating the specific facts and circumstances
from which relief is sought. Petitioner and respondent shall
disclose the existence of any other litigation concerning the
custody or residential placement of a child of the parties as
set forth in *RCW 26.27.090 and the existence of any other
restraining, protection, or no-contact orders between the
parties.
(2) A petition for relief may be made regardless of
whether or not there is a pending lawsuit, complaint,
petition, or other action between the parties except in cases
where the court realigns petitioner and respondent in accordance with RCW 26.50.060(4).
(3) Within ninety days of receipt of the master copy
from the administrator for the courts, all court clerk’s offices
shall make available the standardized forms, instructions, and
informational brochures required by RCW 26.50.035 and
shall fill in and keep current specific program names and
telephone numbers for community resources. Any assistance
or information provided by clerks under this section does not
constitute the practice of law and clerks are not responsible
for incorrect information contained in a petition.
(4) No filing fee may be charged for proceedings under
this section. Forms and instructional brochures shall be
provided free of charge.
(5) A person is not required to post a bond to obtain
relief in any proceeding under this section. [1996 c 248 §
12; 1995 c 246 § 3; 1992 c 111 § 2; 1985 c 303 § 2; 1984
c 263 § 4.]
*Reviser’s note: RCW 26.27.090 was repealed by 2001 c 65 § 403.
Later enactment, see RCW 26.27.281.
Severability—1995 c 246: See note following RCW 26.50.010.
Findings—1992 c 111: "The legislature finds that:
Domestic violence is a problem of immense proportions affecting
individuals as well as communities. Domestic violence has long been
(2002 Ed.)
Domestic Violence Prevention
recognized as being at the core of other major social problems: Child
abuse, other crimes of violence against person or property, juvenile
delinquency, and alcohol and drug abuse. Domestic violence costs millions
of dollars each year in the state of Washington for health care, absence from
work, services to children, and more. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific
problems in its use have become evident. Victims have difficulty completing the paperwork required particularly if they have limited English
proficiency; model forms have been modified to be inconsistent with
statutory language; different forms create confusion for law enforcement
agencies about the contents and enforceability of orders. Refinements are
needed so that victims have the easy, quick, and effective access to the
court system envisioned at the time the protection order process was first
created.
When courts issue mutual protection orders without the filing of
separate written petitions, notice to each respondent, and hearing on each
petition, the original petitioner is deprived of due process. Mutual
protection orders label both parties as violent and treat both as being equally
at fault: Batterers conclude that the violence is excusable or provoked and
victims who are not violent are confused and stigmatized. Enforcement may
be ineffective and mutual orders may be used in other proceedings as
evidence that the victim is equally at fault.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies; without this information, it is difficult for
policymakers, funders, and service providers to plan for the resources and
services needed to address the issue.
Domestic violence must be addressed more widely and more
effectively in our state: Greater knowledge by professionals who deal
frequently with domestic violence is essential to enforce existing laws, to
intervene in domestic violence situations that do not come to the attention
of the law enforcement or judicial systems, and to reduce and prevent
domestic violence by intervening before the violence becomes severe.
Adolescent dating violence is occurring at increasingly high rates:
Preventing and confronting adolescent violence is important in preventing
potential violence in future adult relationships." [1992 c 111 § 1.]
Effective date—1985 c 303 §§ 1, 2: See note following RCW
26.50.020.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.035 Development of instructions, informational brochures, forms, and handbook by the administrator
for the courts—Community resource list—Distribution of
master copy. (1) The administrator for the courts shall
develop and prepare instructions and informational brochures
required under RCW 26.50.030(4), standard petition and
order for protection forms, and a court staff handbook on
domestic violence and the protection order process. The
standard petition and order for protection forms must be used
after September 1, 1994, for all petitions filed and orders
issued under this chapter. The instructions, brochures,
forms, and handbook shall be prepared in consultation with
interested persons, including a representative of the state domestic violence coalition, judges, and law enforcement
personnel.
(a) The instructions shall be designed to assist petitioners in completing the petition, and shall include a sample of
standard petition and order for protection forms.
(b) The informational brochure shall describe the use of
and the process for obtaining, modifying, and terminating a
domestic violence protection order as provided under this
chapter, an antiharassment no-contact order as provided
under chapter 9A.46 RCW, a domestic violence no-contact
order as provided under chapter 10.99 RCW, a restraining
order as provided under chapters 26.09, 26.10, 26.26, and
(2002 Ed.)
26.50.030
26.44 RCW, an antiharassment protection order as provided
by chapter 10.14 RCW, and a foreign protection order as
defined in chapter 26.52 RCW.
(c) The order for protection form shall include, in a
conspicuous location, notice of criminal penalties resulting
from violation of the order, and the following statement:
"You can be arrested even if the person or persons who
obtained the order invite or allow you to violate the order’s
prohibitions. The respondent has the sole responsibility to
avoid or refrain from violating the order’s provisions. Only
the court can change the order upon written application."
(d) The court staff handbook shall allow for the addition
of a community resource list by the court clerk.
(2) All court clerks shall obtain a community resource
list from a domestic violence program, defined in RCW
70.123.020, serving the county in which the court is located.
The community resource list shall include the names and
telephone numbers of domestic violence programs serving
the community in which the court is located, including law
enforcement agencies, domestic violence agencies, sexual
assault agencies, legal assistance programs, interpreters,
multicultural programs, and batterers’ treatment programs.
The court shall make the community resource list available
as part of or in addition to the informational brochures
described in subsection (1) of this section.
(3) The administrator for the courts shall distribute a
master copy of the petition and order forms, instructions, and
informational brochures to all court clerks and shall distribute a master copy of the petition and order forms to all
superior, district, and municipal courts.
(4) For purposes of this section, "court clerks" means
court administrators in courts of limited jurisdiction and
elected court clerks.
(5) The administrator for the courts shall determine the
significant non-English-speaking or limited English-speaking
populations in the state. The administrator shall then arrange
for translation of the instructions and informational brochures
required by this section, which shall contain a sample of the
standard petition and order for protection forms, into the
languages spoken by those significant non-English-speaking
populations and shall distribute a master copy of the translated instructions and informational brochures to all court
clerks by January 1, 1997.
(6) The administrator for the courts shall update the
instructions, brochures, standard petition and order for
protection forms, and court staff handbook when changes in
the law make an update necessary. [2000 c 119 § 14; 1995
c 246 § 4; 1993 c 350 § 2; 1985 c 303 § 3; 1984 c 263 §
31.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Findings—1993 c 350: "The legislature finds that domestic violence
is a problem of immense proportions affecting individuals as well as
communities. Domestic violence has long been recognized as being at the
core of other major social problems including child abuse, crimes of
violence against person or property, juvenile delinquency, and alcohol and
drug abuse. Domestic violence costs include the loss of lives as well as
millions of dollars each year in the state of Washington for health care,
absence from work, and services to children. The crisis is growing.
While the existing protection order process can be a valuable tool to
increase safety for victims and to hold batterers accountable, specific
problems in its use have become evident. Victims have difficulty completing the paperwork required; model forms have been modified to be
inconsistent with statutory language; different forms create confusion for
[Title 26 RCW—page 149]
26.50.035
Title 26 RCW: Domestic Relations
law enforcement agencies about the contents and enforceability of orders.
Refinements are needed so that victims have the easy, quick, and effective
access to the court system envisioned at the time the protection order
process was first created.
Valuable information about the reported incidents of domestic violence
in the state of Washington is unobtainable without gathering data from all
law enforcement agencies. Without this information, it is difficult for
policymakers, funders, and service providers to plan for the resources and
services needed to address the issue." [1993 c 350 § 1.]
Severability—1993 c 350: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 350 § 9.]
26.50.040 Fees not permitted—Filing, service of
process, certified copies. No fees for filing or service of
process may be charged by a public agency to petitioners
seeking relief under this chapter. Petitioners shall be
provided the necessary number of certified copies at no cost.
[1995 c 246 § 5; 1985 c 303 § 4; 1984 c 263 § 5.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.050 Hearing—Service—Time. Upon receipt of
the petition, the court shall order a hearing which shall be
held not later than fourteen days from the date of the order.
The court may schedule a hearing by telephone pursuant to
local court rule, to reasonably accommodate a disability, or
in exceptional circumstances to protect a petitioner from
further acts of domestic violence. The court shall require
assurances of the petitioner’s identity before conducting a
telephonic hearing. Except as provided in RCW 26.50.085
and 26.50.123, personal service shall be made upon the
respondent not less than five court days prior to the hearing.
If timely personal service cannot be made, the court shall set
a new hearing date and shall either require additional
attempts at obtaining personal service or permit service by
publication as provided in RCW 26.50.085 or service by
mail as provided in RCW 26.50.123. If the court permits
service by publication or by mail, the court shall set the
hearing date not later than twenty-four days from the date of
the order. The court may issue an ex parte order for
protection pending the hearing as provided in RCW
26.50.070, 26.50.085, and 26.50.123. [1995 c 246 § 6; 1992
c 143 § 1; 1984 c 263 § 6.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.055 Appointment of interpreter. (1) Pursuant
to chapter 2.42 RCW, an interpreter shall be appointed for
any party who, because of a hearing or speech impairment,
cannot readily understand or communicate in spoken
language.
(2) Pursuant to chapter 2.43 RCW, an interpreter shall
be appointed for any party who cannot readily speak or
understand the English language.
(3) The interpreter shall translate or interpret for the
party in preparing forms, participating in the hearing and
court-ordered assessments, and translating any orders. [1995
c 246 § 11.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.060 Relief—Duration—Realignment of
designation of parties—Award of costs, service fees, and
[Title 26 RCW—page 150]
attorneys’ fees. (1) Upon notice and after hearing, the court
may provide relief as follows:
(a) Restrain the respondent from committing acts of
domestic violence;
(b) Exclude the respondent from the dwelling that the
parties share, from the residence, workplace, or school of the
petitioner, or from the day care or school of a child;
(c) Prohibit the respondent from knowingly coming
within, or knowingly remaining within, a specified distance
from a specified location;
(d) On the same basis as is provided in chapter 26.09
RCW, the court shall make residential provision with regard
to minor children of the parties. However, parenting plans
as specified in chapter 26.09 RCW shall not be required
under this chapter;
(e) Order the respondent to participate in a domestic
violence perpetrator treatment program approved under RCW
26.50.150;
(f) Order other relief as it deems necessary for the
protection of the petitioner and other family or household
members sought to be protected, including orders or directives to a peace officer, as allowed under this chapter;
(g) Require the respondent to pay the administrative
court costs and service fees, as established by the county or
municipality incurring the expense and to reimburse the
petitioner for costs incurred in bringing the action, including
reasonable attorneys’ fees;
(h) Restrain the respondent from having any contact
with the victim of domestic violence or the victim’s children
or members of the victim’s household;
(i) Require the respondent to submit to electronic
monitoring. The order shall specify who shall provide the
electronic monitoring services and the terms under which the
monitoring must be performed. The order also may include
a requirement that the respondent pay the costs of the
monitoring. The court shall consider the ability of the
respondent to pay for electronic monitoring;
(j) Consider the provisions of RCW 9.41.800;
(k) Order possession and use of essential personal
effects. The court shall list the essential personal effects
with sufficient specificity to make it clear which property is
included; and
(l) Order use of a vehicle.
(2) If a protection order restrains the respondent from
contacting the respondent’s minor children the restraint shall
be for a fixed period not to exceed one year. This limitation
is not applicable to orders for protection issued under chapter
26.09, 26.10, or 26.26 RCW. With regard to other relief, if
the petitioner has petitioned for relief on his or her own
behalf or on behalf of the petitioner’s family or household
members or minor children, and the court finds that the
respondent is likely to resume acts of domestic violence
against the petitioner or the petitioner’s family or household
members or minor children when the order expires, the court
may either grant relief for a fixed period or enter a permanent order of protection.
If the petitioner has petitioned for relief on behalf of the
respondent’s minor children, the court shall advise the
petitioner that if the petitioner wants to continue protection
for a period beyond one year the petitioner may either
petition for renewal pursuant to the provisions of this chapter
(2002 Ed.)
Domestic Violence Prevention
or may seek relief pursuant to the provisions of chapter
26.09 or 26.26 RCW.
(3) If the court grants an order for a fixed time period,
the petitioner may apply for renewal of the order by filing a
petition for renewal at any time within the three months
before the order expires. The petition for renewal shall state
the reasons why the petitioner seeks to renew the protection
order. Upon receipt of the petition for renewal the court
shall order a hearing which shall be not later than fourteen
days from the date of the order. Except as provided in
RCW 26.50.085, personal service shall be made on the
respondent not less than five days before the hearing. If
timely service cannot be made the court shall set a new
hearing date and shall either require additional attempts at
obtaining personal service or permit service by publication
as provided in RCW 26.50.085 or by mail as provided in
RCW 26.50.123. If the court permits service by publication
or mail, the court shall set the new hearing date not later
than twenty-four days from the date of the order. If the
order expires because timely service cannot be made the
court shall grant an ex parte order of protection as provided
in RCW 26.50.070. The court shall grant the petition for
renewal unless the respondent proves by a preponderance of
the evidence that the respondent will not resume acts of
domestic violence against the petitioner or the petitioner’s
children or family or household members when the order
expires. The court may renew the protection order for
another fixed time period or may enter a permanent order as
provided in this section. The court may award court costs,
service fees, and reasonable attorneys’ fees as provided in
*subsection (1)(f) of this section.
(4) In providing relief under this chapter, the court may
realign the designation of the parties as "petitioner" and
"respondent" where the court finds that the original petitioner
is the abuser and the original respondent is the victim of
domestic violence and may issue an ex parte temporary order
for protection in accordance with RCW 26.50.070 on behalf
of the victim until the victim is able to prepare a petition for
an order for protection in accordance with RCW 26.50.030.
(5) Except as provided in subsection (4) of this section,
no order for protection shall grant relief to any party except
upon notice to the respondent and hearing pursuant to a
petition or counter-petition filed and served by the party
seeking relief in accordance with RCW 26.50.050.
(6) The court order shall specify the date the order
expires if any. The court order shall also state whether the
court issued the protection order following personal service,
service by publication, or service by mail and whether the
court has approved service by publication or mail of an order
issued under this section.
(7) If the court declines to issue an order for protection
or declines to renew an order for protection, the court shall
state in writing on the order the particular reasons for the
court’s denial. [2000 c 119 § 15; 1999 c 147 § 2; 1996 c
248 § 13; 1995 c 246 § 7; 1994 sp.s. c 7 § 457. Prior:
1992 c 143 § 2; 1992 c 111 § 4; 1992 c 86 § 4; 1989 c 411
§ 1; 1987 c 460 § 55; 1985 c 303 § 5; 1984 c 263 § 7.]
*Reviser’s note: Subsection (1)(f) of this section was renumbered as
subsection (1)(g) by 2000 c 119 § 15.
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
(2002 Ed.)
26.50.060
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Findings—1992 c 111: See note following RCW 26.50.030.
Short title—Section captions—Effective date—Severability—1987
c 460: See RCW 26.09.910 through 26.09.913.
26.50.070 Ex parte temporary order for protection.
(1) Where an application under this section alleges that
irreparable injury could result from domestic violence if an
order is not issued immediately without prior notice to the
respondent, the court may grant an ex parte temporary order
for protection, pending a full hearing, and grant relief as the
court deems proper, including an order:
(a) Restraining any party from committing acts of
domestic violence;
(b) Restraining any party from going onto the grounds
of or entering the dwelling that the parties share, from the
residence, workplace, or school of the other, or from the day
care or school of a child until further order of the court;
(c) Prohibiting any party from knowingly coming
within, or knowingly remaining within, a specified distance
from a specified location;
(d) Restraining any party from interfering with the
other’s custody of the minor children or from removing the
children from the jurisdiction of the court;
(e) Restraining any party from having any contact with
the victim of domestic violence or the victim’s children or
members of the victim’s household; and
(f) Considering the provisions of RCW 9.41.800.
(2) Irreparable injury under this section includes but is
not limited to situations in which the respondent has recently
threatened petitioner with bodily injury or has engaged in
acts of domestic violence against the petitioner.
(3) The court shall hold an ex parte hearing in person or
by telephone on the day the petition is filed or on the
following judicial day.
(4) An ex parte temporary order for protection shall be
effective for a fixed period not to exceed fourteen days or
twenty-four days if the court has permitted service by
publication under RCW 26.50.085 or by mail under RCW
26.50.123. The ex parte order may be reissued. A full
hearing, as provided in this chapter, shall be set for not later
than fourteen days from the issuance of the temporary order
or not later than twenty-four days if service by publication
or by mail is permitted. Except as provided in RCW
26.50.050, 26.50.085, and 26.50.123, the respondent shall be
personally served with a copy of the ex parte order along
with a copy of the petition and notice of the date set for the
hearing.
(5) Any order issued under this section shall contain the
date and time of issuance and the expiration date and shall
be entered into a statewide judicial information system by
the clerk of the court within one judicial day after issuance.
(6) If the court declines to issue an ex parte temporary
order for protection the court shall state the particular
reasons for the court’s denial. The court’s denial of a
motion for an ex parte order of protection shall be filed with
the court. [2000 c 119 § 16; 1996 c 248 § 14; 1995 c 246
§ 8; 1994 sp.s. c 7 § 458; 1992 c 143 § 3; 1989 c 411 § 2;
1984 c 263 § 8.]
[Title 26 RCW—page 151]
26.50.070
Title 26 RCW: Domestic Relations
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Child abuse, temporary restraining order: RCW 26.44.063.
Orders prohibiting contact: RCW 10.99.040.
Temporary restraining order: RCW 26.09.060.
26.50.080 Issuance of order—Assistance of peace
officer—Designation of appropriate law enforcement
agency. (1) When an order is issued under this chapter
upon request of the petitioner, the court may order a peace
officer to accompany the petitioner and assist in placing the
petitioner in possession of those items indicated in the order
or to otherwise assist in the execution of the order of protection. The order shall list all items that are to be included
with sufficient specificity to make it clear which property is
included. Orders issued under this chapter shall include a
designation of the appropriate law enforcement agency to
execute, serve, or enforce the order.
(2) Upon order of a court, a peace officer shall accompany the petitioner in an order of protection and assist in
placing the petitioner in possession of all items listed in the
order and to otherwise assist in the execution of the order.
[1995 c 246 § 9; 1984 c 263 § 9.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.085 Hearing reset after ex parte order—
Service by publication—Circumstances. (1) If the
respondent was not personally served with the petition,
notice of hearing, and ex parte order before the hearing, the
court shall reset the hearing for twenty-four days from the
date of entry of the order and may order service by publication instead of personal service under the following circumstances:
(a) The sheriff or municipal officer files an affidavit
stating that the officer was unable to complete personal
service upon the respondent. The affidavit must describe the
number and types of attempts the officer made to complete
service;
(b) The petitioner files an affidavit stating that the petitioner believes that the respondent is hiding from the server
to avoid service. The petitioner’s affidavit must state the
reasons for the belief that the petitioner [respondent] is
avoiding service;
(c) The server has deposited a copy of the summons, in
substantially the form prescribed in subsection (3) of this
section, notice of hearing, and the ex parte order of protection in the post office, directed to the respondent at the
respondent’s last known address, unless the server states that
the server does not know the respondent’s address; and
(d) The court finds reasonable grounds exist to believe
that the respondent is concealing himself or herself to avoid
service, and that further attempts to personally serve the
respondent would be futile or unduly burdensome.
(2) The court shall reissue the temporary order of
protection not to exceed another twenty-four days from the
date of reissuing the ex parte protection order and order to
provide service by publication.
[Title 26 RCW—page 152]
(3) The publication shall be made in a newspaper of
general circulation in the county where the petition was
brought and in the county of the last known address of the
respondent once a week for three consecutive weeks. The
newspaper selected must be one of the three most widely
circulated papers in the county. The publication of summons
shall not be made until the court orders service by publication under this section. Service of the summons shall be
considered complete when the publication has been made for
three consecutive weeks. The summons must be signed by
the petitioner. The summons shall contain the date of the
first publication, and shall require the respondent upon whom
service by publication is desired, to appear and answer the
petition on the date set for the hearing. The summons shall
also contain a brief statement of the reason for the petition
and a summary of the provisions under the ex parte order.
The summons shall be essentially in the following form:
In the . . . . . . . . . court of the state of Washington for
the county of . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . , Petitioner
vs.
. . . . . . . . . . . . . . . . . . . , Respondent
No. . . . . . .
The state of Washington to . . . . . . . . . . . (respondent):
You are hereby summoned to appear on the . . . . day
of . . . . . ., 19. . ., at . . . . a.m./p.m., and respond to the
petition. If you fail to respond, an order of protection will
be issued against you pursuant to the provisions of the
domestic violence protection act, chapter 26.50 RCW, for a
minimum of one year from the date you are required to
appear. A temporary order of protection has been issued
against you, restraining you from the following: (Insert a
brief statement of the provisions of the ex parte order). A
copy of the petition, notice of hearing, and ex parte order
has been filed with the clerk of this court.
......................
Petitioner . . . . . . . . . . . . . . .
[1992 c 143 § 4.]
26.50.090 Order—Service—Fees. (1) An order
issued under this chapter shall be personally served upon the
respondent, except as provided in subsections (6) and (8) of
this section.
(2) The sheriff of the county or the peace officers of the
municipality in which the respondent resides shall serve the
respondent personally unless the petitioner elects to have the
respondent served by a private party.
(3) If service by a sheriff or municipal peace officer is
to be used, the clerk of the court shall have a copy of any
order issued under this chapter forwarded on or before the
next judicial day to the appropriate law enforcement agency
specified in the order for service upon the respondent.
Service of an order issued under this chapter shall take
precedence over the service of other documents unless they
are of a similar emergency nature.
(4) If the sheriff or municipal peace officer cannot
complete service upon the respondent within ten days, the
sheriff or municipal peace officer shall notify the petitioner.
The petitioner shall provide information sufficient to permit
notification.
(2002 Ed.)
Domestic Violence Prevention
(5) Returns of service under this chapter shall be made
in accordance with the applicable court rules.
(6) If an order entered by the court recites that the
respondent appeared in person before the court, the necessity
for further service is waived and proof of service of that
order is not necessary.
(7) Municipal police departments serving documents as
required under this chapter may collect from respondents
ordered to pay fees under RCW 26.50.060 the same fees for
service and mileage authorized by RCW 36.18.040 to be
collected by sheriffs.
(8) If the court previously entered an order allowing
service of the notice of hearing and temporary order of
protection by publication pursuant to RCW 26.50.085 or by
mail pursuant to RCW 26.50.123, the court may permit
service by publication or by mail of the order of protection
issued under RCW 26.50.060. Service by publication must
comply with the requirements of RCW 26.50.085 and service
by mail must comply with the requirements of RCW
26.50.123. The court order must state whether the court
permitted service by publication or by mail. [1995 c 246 §
10; 1992 c 143 § 6; 1985 c 303 § 6; 1984 c 263 § 10.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.095 Order following service by publication.
Following completion of service by publication as provided
in RCW 26.50.085 or by mail as provided in RCW
26.50.123, if the respondent fails to appear at the hearing,
the court may issue an order of protection as provided in
RCW 26.50.060. That order must be served pursuant to
RCW 26.50.090, and forwarded to the appropriate law
enforcement agency pursuant to RCW 26.50.100. [1995 c
246 § 12; 1992 c 143 § 5.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.100 Order—Transmittal to law enforcement
agency—Record in law enforcement information system—Enforceability. (1) A copy of an order for protection
granted under this chapter shall be forwarded by the clerk of
the court on or before the next judicial day to the appropriate
law enforcement agency specified in the order.
Upon receipt of the order, the law enforcement agency
shall forthwith enter the order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants. The order shall remain in the computer for the
period stated in the order. The law enforcement agency
shall only expunge from the computer-based criminal intelligence information system orders that are expired, vacated, or
superseded. Entry into the law enforcement information
system constitutes notice to all law enforcement agencies of
the existence of the order. The order is fully enforceable in
any county in the state.
(2) The information entered into the computer-based
criminal intelligence information system shall include notice
to law enforcement whether the order was personally served,
served by publication, or served by mail. [1996 c 248 § 15;
1995 c 246 § 13; 1992 c 143 § 7; 1984 c 263 § 11.]
Severability—1995 c 246: See note following RCW 26.50.010.
(2002 Ed.)
26.50.090
26.50.110 Violation of order—Penalties. (1)
Whenever an order is granted under this chapter, chapter
10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or there is a valid
foreign protection order as defined in RCW 26.52.020, and
the respondent or person to be restrained knows of the order,
a violation of the restraint provisions, or of a provision
excluding the person from a residence, workplace, school, or
day care, or of a provision prohibiting a person from
knowingly coming within, or knowingly remaining within,
a specified distance of a location, or of a provision of a
foreign protection order specifically indicating that a violation will be a crime, for which an arrest is required under
RCW 10.31.100(2) (a) or (b), is a gross misdemeanor except
as provided in subsections (4) and (5) of this section. Upon
conviction, and in addition to any other penalties provided
by law, the court may require that the respondent submit to
electronic monitoring. The court shall specify who shall
provide the electronic monitoring services, and the terms
under which the monitoring shall be performed. The order
also may include a requirement that the respondent pay the
costs of the monitoring. The court shall consider the ability
of the convicted person to pay for electronic monitoring.
(2) A peace officer shall arrest without a warrant and
take into custody a person whom the peace officer has
probable cause to believe has violated an order issued under
this chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34
RCW, or a valid foreign protection order as defined in RCW
26.52.020, that restrains the person or excludes the person
from a residence, workplace, school, or day care, or prohibits
the person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, if the
person restrained knows of the order. Presence of the order
in the law enforcement computer-based criminal intelligence
information system is not the only means of establishing
knowledge of the order.
(3) A violation of an order issued under this chapter,
chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW, or of a
valid foreign protection order as defined in RCW 26.52.020,
shall also constitute contempt of court, and is subject to the
penalties prescribed by law.
(4) Any assault that is a violation of an order issued
under this chapter, chapter 10.99, 26.09, 26.10, 26.26, or
74.34 RCW, or of a valid foreign protection order as defined
in RCW 26.52.020, and that does not amount to assault in
the first or second degree under RCW 9A.36.011 or
9A.36.021 is a class C felony, and any conduct in violation
of such an order that is reckless and creates a substantial risk
of death or serious physical injury to another person is a
class C felony.
(5) A violation of a court order issued under this
chapter, chapter 10.99, 26.09, 26.10, 26.26, or 74.34 RCW,
or of a valid foreign protection order as defined in RCW
26.52.020, is a class C felony if the offender has at least two
previous convictions for violating the provisions of an order
issued under this chapter, chapter 10.99, 26.09, 26.10, 26.26,
or 74.34 RCW, or a valid foreign protection order as defined
in RCW 26.52.020. The previous convictions may involve
the same victim or other victims specifically protected by the
orders the offender violated.
(6) Upon the filing of an affidavit by the petitioner or
any peace officer alleging that the respondent has violated an
order granted under this chapter, chapter 10.99, 26.09, 26.10,
[Title 26 RCW—page 153]
26.50.110
Title 26 RCW: Domestic Relations
26.26, or 74.34 RCW, or a valid foreign protection order as
defined in RCW 26.52.020, the court may issue an order to
the respondent, requiring the respondent to appear and show
cause within fourteen days why the respondent should not be
found in contempt of court and punished accordingly. The
hearing may be held in the court of any county or municipality in which the petitioner or respondent temporarily or
permanently resides at the time of the alleged violation.
[2000 c 119 § 24; 1996 c 248 § 16; 1995 c 246 § 14; 1992
c 86 § 5; 1991 c 301 § 6; 1984 c 263 § 12.]
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
Finding—1991 c 301: See note following RCW 10.99.020.
Violation of order protecting vulnerable adult: RCW 74.34.145.
26.50.115 Enforcement of ex parte order—
Knowledge of order prerequisite to penalties—
Reasonable efforts to serve copy of order. (1) When the
court issues an ex parte order pursuant to RCW 26.50.070 or
an order of protection pursuant to RCW 26.50.060, the court
shall advise the petitioner that the respondent may not be
subjected to the penalties set forth in RCW 26.50.110 for a
violation of the order unless the respondent knows of the
order.
(2) When a peace officer investigates a report of an
alleged violation of an order for protection issued under this
chapter the officer shall attempt to determine whether the
respondent knew of the existence of the protection order. If
the law enforcement officer determines that the respondent
did not or probably did not know about the protection order
and the officer is provided a current copy of the order, the
officer shall serve the order on the respondent if the respondent is present. If the respondent is not present, the officer
shall make reasonable efforts to serve a copy of the order on
the respondent. If the officer serves the respondent with the
petitioner’s copy of the order, the officer shall give petitioner
a receipt indicating that petitioner’s copy has been served on
the respondent. After the officer has served the order on the
respondent, the officer shall enforce prospective compliance
with the order.
(3) Presentation of an unexpired, certified copy of a
protection order with proof of service is sufficient for a law
enforcement officer to enforce the order regardless of the
presence of the order in the law enforcement computer-based
criminal intelligence information system. [1996 c 248 § 17;
1995 c 246 § 15; 1992 c 143 § 8.]
26.50.123 Service by mail. (1) In circumstances
justifying service by publication under RCW 26.50.085(1),
if the serving party files an affidavit stating facts from which
the court determines that service by mail is just as likely to
give actual notice as service by publication and that the
serving party is unable to afford the cost of service by
publication, the court may order that service be made by
mail. Such service shall be made by any person over
eighteen years of age, who is competent to be a witness,
other than a party, by mailing copies of the order and other
process to the party to be served at his or her last known
address or any other address determined by the court to be
appropriate. Two copies shall be mailed, postage prepaid,
one by ordinary first class mail and the other by a form of
mail requiring a signed receipt showing when and to whom
it was delivered. The envelopes must bear the return address
of the sender.
(2) Proof of service under this section shall be consistent with court rules for civil proceedings.
(3) Service under this section may be used in the same
manner and shall have the same jurisdictional effect as
service by publication for purposes of this chapter. Service
shall be deemed complete upon the mailing of two copies as
prescribed in this section. [1995 c 246 § 16.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.125 Service by publication or mailing—Costs.
Except as provided in RCW 10.14.055, the court may permit
service by publication or by mail under this chapter only if
the petitioner pays the cost of publication or mailing unless
the county legislative authority allocates funds for service of
process by publication or by mail for indigent petitioners.
[2002 c 117 § 5; 1995 c 246 § 17; 1992 c 143 § 9.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.130 Order—Modification—Transmittal.
Upon application with notice to all parties and after a
hearing, the court may modify the terms of an existing order
for protection. In any situation where an order is terminated
or modified before its expiration date, the clerk of the court
shall forward on or before the next judicial day a true copy
of the modified order or the termination order to the appropriate law enforcement agency specified in the modified or
termination order. Upon receipt of the order, the law
enforcement agency shall promptly enter it in the law
enforcement information system. [1984 c 263 § 14.]
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.120 Violation of order—Prosecuting attorney
or attorney for municipality may be requested to assist—
Costs and attorney’s fee. When a party alleging a violation
of an order for protection issued under this chapter states
that the party is unable to afford private counsel and asks the
prosecuting attorney for the county or the attorney for the
municipality in which the order was issued for assistance,
the attorney shall initiate and prosecute a contempt proceeding if there is probable cause to believe that the violation
occurred. In this action, the court may require the violator
of the order to pay the costs incurred in bringing the action,
including a reasonable attorney’s fee. [1984 c 263 § 13.]
26.50.135 Residential placement or custody of a
child—Prerequisite. (1) Before granting an order under this
chapter directing residential placement of a child or restraining or limiting a party’s contact with a child, the court shall
consult the judicial information system, if available, to
determine the pendency of other proceedings involving the
residential placement of any child of the parties for whom
residential placement has been requested.
(2) Jurisdictional issues regarding out-of-state proceedings involving the custody or residential placement of any
child of the parties shall be governed by the uniform child
custody jurisdiction act, chapter 26.27 RCW. [1995 c 246
§ 19.]
Severability—1995 c 246: See note following RCW 26.50.010.
[Title 26 RCW—page 154]
(2002 Ed.)
Domestic Violence Prevention
26.50.140 Peace officers—Immunity. No peace
officer may be held criminally or civilly liable for making an
arrest under RCW 26.50.110 if the police officer acts in
good faith and without malice. [1984 c 263 § 17.]
26.50.150 Domestic violence perpetrator programs.
The department of social and health services shall adopt
rules for standards of approval of domestic violence perpetrator programs that accept perpetrators of domestic
violence into treatment to satisfy court orders or that
represent the programs as ones that treat domestic violence
perpetrators. The treatment must meet the following
minimum qualifications:
(1) All treatment must be based upon a full, complete
clinical intake including: Current and past violence history;
a lethality risk assessment; a complete diagnostic evaluation;
a substance abuse assessment; criminal history; assessment
of cultural issues, learning disabilities, literacy, and special
language needs; and a treatment plan that adequately and
appropriately addresses the treatment needs of the individual.
(2) To facilitate communication necessary for periodic
safety checks and case monitoring, the program must require
the perpetrator to sign the following releases:
(a) A release for the program to inform the victim and
victim’s community and legal advocates that the perpetrator
is in treatment with the program, and to provide information,
for safety purposes, to the victim and victim’s community
and legal advocates;
(b) A release to prior and current treatment agencies to
provide information on the perpetrator to the program; and
(c) A release for the program to provide information on
the perpetrator to relevant legal entities including: Lawyers,
courts, parole, probation, child protective services, and child
welfare services.
(3) Treatment must be for a minimum treatment period
defined by the secretary of the department by rule. The
weekly treatment sessions must be in a group unless there is
a documented, clinical reason for another modality. Any
other therapies, such as individual, marital, or family
therapy, substance abuse evaluations or therapy, medication
reviews, or psychiatric interviews, may be concomitant with
the weekly group treatment sessions described in this section
but not a substitute for it.
(4) The treatment must focus primarily on ending the
violence, holding the perpetrator accountable for his or her
violence, and changing his or her behavior. The treatment
must be based on nonvictim-blaming strategies and philosophies and shall include education about the individual,
family, and cultural dynamics of domestic violence. If the
perpetrator or the victim has a minor child, treatment must
specifically include education regarding the effects of
domestic violence on children, such as the emotional impacts
of domestic violence on children and the long-term consequences that exposure to incidents of domestic violence may
have on children.
(5) Satisfactory completion of treatment must be
contingent upon the perpetrator meeting specific criteria,
defined by rule by the secretary of the department, and not
just upon the end of a certain period of time or a certain
number of sessions.
(2002 Ed.)
26.50.140
(6) The program must have policies and procedures for
dealing with reoffenses and noncompliance.
(7) All evaluation and treatment services must be
provided by, or under the supervision of, qualified personnel.
(8) The secretary of the department may adopt rules and
establish fees as necessary to implement this section. [1999
c 147 § 1; 1991 c 301 § 7.]
Finding—1991 c 301: See note following RCW 10.99.020.
26.50.160 Judicial information system—Data base (as amended
by 2000 c 51). To prevent the issuance of competing protection orders in
different courts and to give courts needed information for issuance of orders,
the judicial information system shall be available in each district, municipal,
and superior court by July 1, 1997, and shall include a data base containing
the following information:
(1) The names of the parties and the cause number for every order of
protection issued under this title, every criminal no-contact order issued
under chapter 10.99 RCW, every antiharassment order issued under chapter
10.14 RCW, every dissolution action under chapter 26.09 RCW, every thirdparty custody action under chapter 26.10 RCW, ((and)) every parentage
action under chapter 26.10 RCW, and every order for protection issued
under chapter 74.34 RCW;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing
orders under this chapter as determined by the judicial information system
committee. [2000 c 51 § 1; 1995 c 246 § 18.]
26.50.160 Judicial information system—Data base (as amended
by 2000 c 119). To prevent the issuance of competing protection orders in
different courts and to give courts needed information for issuance of orders,
the judicial information system shall be available in each district, municipal,
and superior court by July 1, 1997, and shall include a data base containing
the following information:
(1) The names of the parties and the cause number for every order of
protection issued under this title, every criminal no-contact order issued
under chapters 9A.46 and 10.99 RCW, every antiharassment order issued
under chapter 10.14 RCW, every dissolution action under chapter 26.09
RCW, every third-party custody action under chapter 26.10 RCW, ((and))
every parentage action under chapter ((26.10)) 26.26 RCW, every restraining
order issued on behalf of an abused child or adult dependent person under
chapter 26.44 RCW, every foreign protection order filed under chapter 26.52
RCW, and every order for protection of a vulnerable adult under chapter
74.34 RCW. When a guardian or the department of social and health
services has petitioned for relief on behalf of an abused child, adult
dependent person, or vulnerable adult, the name of the person on whose
behalf relief was sought shall be included in the data base as a party rather
than the guardian or department;
(2) A criminal history of the parties; and
(3) Other relevant information necessary to assist courts in issuing
orders under this chapter as determined by the judicial information system
committee. [2000 c 119 § 25; 1995 c 246 § 18.]
Reviser’s note: RCW 26.50.160 was amended twice during the 2000
legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Application—2000 c 119: See note following RCW 26.50.021.
Severability—1995 c 246: See note following RCW 26.50.010.
26.50.200 Title to real estate—Effect. Nothing in
this chapter may affect the title to real estate: PROVIDED,
That a judgment for costs or fees awarded under this chapter
shall constitute a lien on real estate to the extent provided in
chapter 4.56 RCW. [1985 c 303 § 7; 1984 c 263 § 15.]
26.50.210 Proceedings additional. Any proceeding
under chapter 263, Laws of 1984 is in addition to other civil
or criminal remedies. [1984 c 263 § 16.]
[Title 26 RCW—page 155]
26.50.220
Title 26 RCW: Domestic Relations
26.50.220 Parenting plan—Designation of parent
for other state and federal purposes. Solely for the
purposes of all other state and federal statutes which require
a designation or determination of custody, a parenting plan
shall designate the parent with whom the child is scheduled
to reside a majority of the time as the custodian of the child.
However, this designation shall not affect either parent’s
rights and responsibilities under the parenting plan. In the
absence of such a designation, the parent with whom the
child is scheduled to reside the majority of the time shall be
deemed to be the custodian of the child for the purposes of
such federal and state statutes. [1989 c 375 § 26.]
Severability—1989 c 375: See RCW 26.09.914.
26.50.900 Short title. This chapter may be cited as
the "Domestic Violence Prevention Act". [1984 c 263 § 1.]
26.50.901 Effective date—1984 c 263. Sections 1
through 29 of this act shall take effect on September 1,
1984. [1984 c 263 § 32.]
26.50.902 Severability—1984 c 263. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 263 § 33.]
26.50.903 Severability—1992 c 111. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 111 § 14.]
Chapter 26.52
FOREIGN PROTECTION ORDER FULL FAITH
AND CREDIT ACT
Sections
26.52.005
26.52.010
26.52.020
26.52.030
26.52.040
26.52.050
26.52.060
26.52.070
26.52.080
26.52.900
26.52.901
26.52.902
Findings—Intent.
Definitions.
Foreign protection orders—Validity.
Foreign protection orders—Filing—Assistance.
Filed foreign protection orders—Transmittal to law enforcement agency—Entry into law enforcement information
system.
Peace officer immunity.
Fees not permitted for filing, preparation, or copies.
Violation of foreign orders—Penalties.
Child custody disputes.
Short title—1999 c 184.
Captions not law—1999 c 184.
Severability—1999 c 184.
26.52.005 Findings—Intent. The problem of women
fleeing across state lines to escape their abusers is epidemic
in the United States. In 1994, Congress enacted the violence
against women act (VAWA) as Title IV of the violent crime
control and law enforcement act (P.L. 103-322). The
VAWA provides for improved prevention and prosecution of
violent crimes against women and children. Section 2265 of
the VAWA (Title IV, P.L. 103-322) provides for nation-wide
[Title 26 RCW—page 156]
enforcement of civil and criminal protection orders in state
and tribal courts throughout the country.
The legislature finds that existing statutes may not
provide an adequate mechanism for victims, police, prosecutors, and courts to enforce a foreign protection order in our
state. It is the intent of the legislature that the barriers faced
by persons entitled to protection under a foreign protection
order will be removed and that violations of foreign protection orders be criminally prosecuted in this state. [1999 c
184 § 2.]
26.52.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Domestic or family violence" includes, but is not
limited to, conduct when committed by one family member
against another that is classified in the jurisdiction where the
conduct occurred as a domestic violence crime or a crime
committed in another jurisdiction that under the laws of this
state would be classified as domestic violence under RCW
10.99.020.
(2) "Family or household members" means spouses,
former spouses, persons who have a child in common
regardless of whether they have been married or have lived
together at any time, adult persons related by blood or
marriage, adult persons who are presently residing together
or who have resided together in the past, persons sixteen
years of age or older who are presently residing together or
who have resided together in the past and who have or have
had a dating relationship, persons sixteen years of age or
older with whom a person sixteen years of age or older has
or has had a dating relationship, and persons who have a
biological or legal parent-child relationship, including
stepparents and stepchildren and grandparents and grandchildren.
(3) "Foreign protection order" means an injunction or
other order related to domestic or family violence, harassment, sexual abuse, or stalking, for the purpose of preventing
violent or threatening acts or harassment against, or contact
or communication with or physical proximity to another
person issued by a court of another state, territory, or
possession of the United States, the Commonwealth of
Puerto Rico, or the District of Columbia, or any United
States military tribunal, or a tribal court, in a civil or
criminal action.
(4) "Harassment" includes, but is not limited to, conduct
that is classified in the jurisdiction where the conduct
occurred as harassment or a crime committed in another
jurisdiction that under the laws of this state would be classified as harassment under RCW 9A.46.040.
(5) "Judicial day" does not include Saturdays, Sundays,
or legal holidays in Washington state.
(6) "Person entitled to protection" means a person,
regardless of whether the person was the moving party in the
foreign jurisdiction, who is benefited by the foreign protection order.
(7) "Person under restraint" means a person, regardless
of whether the person was the responding party in the
foreign jurisdiction, whose ability to contact or communicate
with another person, or to be physically close to another
person, is restricted by the foreign protection order.
(2002 Ed.)
Foreign Protection Order Full Faith and Credit Act
(8) "Sexual abuse" includes, but is not limited to,
conduct that is classified in the jurisdiction where the
conduct occurred as a sex offense or a crime committed in
another jurisdiction that under the laws of this state would be
classified as a sex offense under RCW 9.94A.030.
(9) "Stalking" includes, but is not limited to, conduct
that is classified in the jurisdiction where the conduct
occurred as stalking or a crime committed in another
jurisdiction that under the laws of this state would be classified as stalking under RCW 9A.46.110.
(10) "Washington court" includes the superior, district,
and municipal courts of the state of Washington. [1999 c
184 § 3.]
26.52.020 Foreign protection orders—Validity. A
foreign protection order is valid if the issuing court had
jurisdiction over the parties and matter under the law of the
state, territory, possession, tribe, or United States military
tribunal. There is a presumption in favor of validity where
an order appears authentic on its face.
A person under restraint must be given reasonable
notice and the opportunity to be heard before the order of
the foreign state, territory, possession, tribe, or United States
military tribunal was issued, provided, in the case of ex parte
orders, notice and opportunity to be heard was given as soon
as possible after the order was issued, consistent with due
process. [1999 c 184 § 4.]
26.52.030 Foreign protection orders—Filing—
Assistance. (1) A person entitled to protection who has a
valid foreign protection order may file that order by presenting a certified, authenticated, or exemplified copy of the
foreign protection order to a clerk of the court of a Washington court in which the person entitled to protection resides
or to a clerk of the court of a Washington court where the
person entitled to protection believes enforcement may be
necessary. Any out-of-state department, agency, or court
responsible for maintaining protection order records, may by
facsimile or electronic transmission send a reproduction of
the foreign protection order to the clerk of the court of
Washington as long as it contains a facsimile or digital
signature by any person authorized to make such transmission.
(2) Filing of a foreign protection order with a court and
entry of the foreign protection order into any computer-based
criminal intelligence information system available in this
state used by law enforcement agencies to list outstanding
warrants are not prerequisites for enforcement of the foreign
protection order.
(3) The court shall accept the filing of a foreign
protection order without a fee or cost.
(4) The clerk of the court shall provide information to
a person entitled to protection of the availability of domestic
violence, sexual abuse, and other services to victims in the
community where the court is located and in the state.
(5) The clerk of the court shall assist the person entitled
to protection in completing an information form that must
include, but need not be limited to, the following:
(a) The name of the person entitled to protection and
any other protected parties;
(2002 Ed.)
26.52.010
(b) The name and address of the person who is subject
to the restraint provisions of the foreign protection order;
(c) The date the foreign protection order was entered;
(d) The date the foreign protection order expires;
(e) The relief granted under . . . . . . . . . . (specify the
relief awarded and citations thereto, and designate which of
the violations are arrestable offenses);
(f) The judicial district and contact information for court
administration for the court in which the foreign protection
order was entered;
(g) The social security number, date of birth, and
description of the person subject to the restraint provisions
of the foreign protection order;
(h) Whether the person who is subject to the restraint
provisions of the foreign protection order is believed to be
armed and dangerous;
(i) Whether the person who is subject to the restraint
provisions of the foreign protection order was served with
the order, and if so, the method used to serve the order;
(j) The type and location of any other legal proceedings
between the person who is subject to the restraint provisions
and the person entitled to protection.
An inability to answer any of the above questions does
not preclude the filing or enforcement of a foreign protection
order.
(6) The clerk of the court shall provide the person
entitled to protection with a copy bearing proof of filing with
the court.
(7) Any assistance provided by the clerk under this
section does not constitute the practice of law. The clerk is
not liable for any incomplete or incorrect information that he
or she is provided. [1999 c 184 § 5.]
26.52.040 Filed foreign protection orders—
Transmittal to law enforcement agency—Entry into law
enforcement information system. (1) The clerk of the
court shall forward a copy of a foreign protection order that
is filed under this chapter on or before the next judicial day
to the county sheriff along with the completed information
form. The clerk may forward the foreign protection order to
the county sheriff by facsimile or electronic transmission.
Upon receipt of a filed foreign protection order, the
county sheriff shall immediately enter the foreign protection
order into any computer-based criminal intelligence information system available in this state used by law enforcement
agencies to list outstanding warrants. The foreign protection
order must remain in the computer for the period stated in
the order. The county sheriff shall only expunge from the
computer-based criminal intelligence information system
foreign protection orders that are expired, vacated, or
superseded. Entry into the law enforcement information
system constitutes notice to all law enforcement agencies of
the existence of the foreign protection order. The foreign
protection order is fully enforceable in any county in the
state.
(2) The information entered into the computer-based
criminal intelligence information system must include, if
available, notice to law enforcement whether the foreign
protection order was served and the method of service.
[1999 c 184 § 6.]
[Title 26 RCW—page 157]
26.52.050
Title 26 RCW: Domestic Relations
26.52.050 Peace officer immunity. A peace officer
or a peace officer’s legal advisor may not be held criminally
or civilly liable for making an arrest under this chapter if the
peace officer or the peace officer’s legal advisor acted in
good faith and without malice. [1999 c 184 § 7.]
26.52.060 Fees not permitted for filing, preparation,
or copies. A public agency may not charge a fee for filing
or preparation of certified, authenticated, or exemplified
copies to a person entitled to protection who seeks relief
under this chapter or to a foreign prosecutor or a foreign law
enforcement agency seeking to enforce a protection order
entered by a Washington court. A person entitled to
protection and foreign prosecutors or law enforcement
agencies must be provided the necessary number of certified,
authenticated, or exemplified copies at no cost. [1999 c 184
§ 8.]
26.52.070 Violation of foreign orders—Penalties.
(1) Whenever a foreign protection order is granted to a
person entitled to protection and the person under restraint
knows of the foreign protection order, a violation of a
provision prohibiting the person under restraint from contacting or communicating with another person, or of a provision
excluding the person under restraint from a residence,
workplace, school, or day care, or of a provision prohibiting
a person from knowingly coming within, or knowingly
remaining within, a specified distance of a location, or a
violation of any provision for which the foreign protection
order specifically indicates that a violation will be a crime,
is punishable under RCW 26.50.110.
(2) A peace officer shall arrest without a warrant and
take into custody a person when the peace officer has
probable cause to believe that a foreign protection order has
been issued of which the person under restraint has knowledge and the person under restraint has violated a provision
of the foreign protection order that prohibits the person
under restraint from contacting or communicating with
another person, or a provision that excludes the person under
restraint from a residence, workplace, school, or day care, or
of a provision prohibiting a person from knowingly coming
within, or knowingly remaining within, a specified distance
of a location, or a violation of any provision for which the
foreign protection order specifically indicates that a violation
will be a crime. Presence of the order in the law enforcement computer-based criminal intelligence information
system is not the only means of establishing knowledge of
the order. [2000 c 119 § 26; 1999 c 184 § 9.]
(a) A writ of habeas corpus to produce the child has
been issued by a superior court of this state; or
(b) There is probable cause to believe that the child is
abused or neglected and the child would be injured or could
not be taken into custody if it were necessary to first obtain
a court order pursuant to RCW 13.34.050. [1999 c 184 §
10.]
26.52.900 Short title—1999 c 184. This act may be
known and cited as the foreign protection order full faith and
credit act. [1999 c 184 § 1.]
26.52.901 Captions not law—1999 c 184. Captions
used in this chapter are not part of the law. [1999 c 184 §
16.]
26.52.902 Severability—1999 c 184. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1999 c 184 § 17.]
Application—2000 c 119: See note following RCW 26.50.021.
26.52.080 Child custody disputes. (1) Any disputes
regarding provisions in foreign protection orders dealing with
custody of children, residential placement of children, or
visitation with children shall be resolved judicially. The
proper venue and jurisdiction for such judicial proceedings
shall be determined in accordance with chapter 26.27 RCW
and in accordance with the parental kidnapping prevention
act, 28 U.S.C. 1738A.
(2) A peace officer shall not remove a child from his or
her current placement unless:
[Title 26 RCW—page 158]
(2002 Ed.)
26.26.355
Title 26 RCW: Domestic Relations
26.26.355 Forms for acknowledgment and denial of
paternity. (1) To facilitate compliance with RCW
26.26.300 through 26.26.350, the state registrar of vital statistics shall prescribe forms for the acknowledgment and the
denial of paternity. The acknowledgment of paternity shall
state, in prominent lettering, that signing the acknowledgment of paternity is equivalent to an adjudication of paternity
and confers upon the acknowledged father all the rights and
duties of a parent, such as the payment of child support, if
the acknowledgment is not challenged or rescinded as
prescribed under RCW 26.26.310 through 26.26.340. The
form shall include copies of the provisions in RCW
26.26.310 through 26.26.340.
(2) A valid acknowledgment or denial of paternity is not
affected by a later modification of the prescribed form.
[2002 c 302 § 312.]
26.26.360 Release of information. The state registrar
of vital statistics may release information relating to the
acknowledgment or denial of paternity, not expressly sealed
under a court order, to: (1) A signatory of the acknowledgment or denial or their attorneys of record; (2) the courts of
this or any other state; (3) the agencies of this or any other
state operating a child support program under Title IV-D of
the social security act; or (4) the agencies of this or any
other state involved in a dependency determination for a
child named in the acknowledgment or denial of paternity.
[2002 c 302 § 313.]
26.26.365 Adoption of rules. The state registrar of
vital statistics may adopt rules to implement RCW 26.26.300
through 26.26.375. [2002 c 302 § 314.]
26.26.370 Acknowledgment of paternity—
Application of RCW 26.26.300 through 26.26.375—
Adjudication. (1) RCW 26.26.300 through 26.26.375 apply
to all acknowledgments of paternity executed on or after July
1, 1997.
(2) A man who executed an acknowledgment of
paternity before July 1, 1997, is rebuttably identified as the
father of the child named therein. Any dispute of the
parentage, custody, visitation, or support of the child named
therein shall be determined in a proceeding to adjudicate the
child’s parentage commenced under RCW 26.26.500 through
26.26.630. [2002 c 302 § 315.]
26.26.375 Judicial proceedings. (1) After the period
for rescission of an acknowledgment of paternity provided in
RCW 26.26.330 has passed, a parent executing an acknowledgment of paternity of the child named therein may
commence a judicial proceeding for:
(a) Making residential provisions or a parenting plan
with regard to the minor child on the same basis as provided
in chapter 26.09 RCW; or
(b) Establishing a child support obligation under chapter
26.19 RCW and maintaining health insurance coverage under
RCW 26.09.105.
(2) Pursuant to RCW 26.09.010(3), a proceeding authorized by this section shall be entitled "In re the parenting and
support of...."
[Title 26 RCW—page 104]
(3) Before the period for a challenge to the acknowledgment or denial of paternity has elapsed under RCW
26.26.335, the petitioner must specifically allege under
penalty of perjury, to the best of the petitioner’s knowledge,
that: (a) No man other than the man who executed the
acknowledgment of paternity is the father of the child; (b)
there is not currently pending a proceeding to adjudicate the
parentage of the child or that another man is adjudicated the
child’s father; and (c) the petitioner has provided notice of
the proceeding to any other men who have claimed parentage of the child. Should the respondent or any other person
appearing in the action deny the allegations, a permanent
parenting plan or residential schedule may not be entered for
the child without the matter being converted to a proceeding
to challenge the acknowledgment of paternity under RCW
26.26.335 and 26.26.340. A copy of the acknowledgment of
paternity must be filed with the petition or response. The
court may convert the matter to a proceeding to challenge
the acknowledgment on its own motion. [2002 c 302 §
316.]
26.26.400 Genetic testing—Application of RCW
26.26.405 through 26.26.450. RCW 26.26.405 through
26.26.450 govern genetic testing of an individual only to
determine parentage, whether the individual:
(1) Voluntarily submits to testing; or
(2) Is tested pursuant to an order of the court or a
support enforcement agency. [2002 c 302 § 401.]
26.26.405 Order for genetic testing. (1) Except as
otherwise provided in this section and RCW 26.26.410
through 26.26.630, the court shall order the child and other
designated individuals to submit to genetic testing if the
request for testing is supported by the sworn statement of a
party to the proceeding:
(a) Alleging paternity and stating facts establishing a
reasonable probability of the requisite sexual contact between
the individuals; or
(b) Denying paternity and stating facts establishing a
possibility that sexual contact between the individuals, if
any, did not result in the conception of the child.
(2) A support enforcement agency may order genetic
testing only if there is no presumed, acknowledged, or
adjudicated father.
(3) If a request for genetic testing of a child is made
before birth, the court or support enforcement agency may
not order in utero testing.
(4) If two or more men are subject to court-ordered
genetic testing, the testing may be ordered concurrently or
sequentially. [2002 c 302 § 402.]
26.26.410 Requirements for genetic testing. (1)
Genetic testing must be of a type reasonably relied upon by
experts in the field of genetic testing and performed in a
testing laboratory accredited by:
(a) The American association of blood banks, or a
successor to its functions;
(b) The American society for histocompatibility and
immunogenetics, or a successor to its functions; or
(c) An accrediting body designated by the United States
secretary of health and human services.
(2002 Ed.)
26.26.630
Title 26 RCW: Domestic Relations
by an individual who was not a party to the earlier proceeding.
(5) A party to an adjudication of paternity may challenge the adjudication only under law of this state relating to
appeal, vacation of judgments, and other judicial review.
[2002 c 302 § 537.]
26.26.700 Application of RCW 26.26.705 through
26.26.740. RCW 26.26.705 through 26.26.740 do not apply
to the birth of a child conceived by means of sexual intercourse. [2002 c 302 § 601.]
26.26.705 Child of assisted reproduction—Parental
status of donor. A donor is not a parent of a child conceived by means of assisted reproduction. [2002 c 302 §
602.]
26.26.710 Husband’s paternity of child of assisted
reproduction. If a husband provides sperm for, or consents
to, assisted reproduction by his wife as provided in RCW
26.26.715, he is the father of a resulting child born to his
wife. [2002 c 302 § 603.]
26.26.715 Consent to assisted reproduction. (1) A
consent to assisted reproduction by a married woman must
be in a record signed by the woman and her husband. This
requirement does not apply to the donation of eggs for
assisted reproduction by another woman.
(2) Failure of the husband to sign a consent required by
subsection (1) of this section, before or after birth of the
child, does not preclude a finding that the husband is the
father of a child born to his wife if the wife and husband
openly treated the child as their own. [2002 c 302 § 604.]
26.26.720 Child of assisted reproduction—
Limitation on husband’s dispute of paternity. (1) Except
as otherwise provided in subsection (2) of this section, the
husband of a wife who gives birth to a child by means of
assisted reproduction may not challenge his paternity of the
child unless:
(a) Within two years after learning of the birth of the
child he commences a proceeding to adjudicate his paternity;
and
(b) The court finds that he did not consent to the
assisted reproduction, before or after birth of the child.
(2) A proceeding to adjudicate paternity may be
maintained at any time if the court determines that:
(a) The husband did not provide sperm for, or before or
after the birth of the child consent to, assisted reproduction
by his wife;
(b) The husband and the mother of the child have not
cohabited since the probable time of assisted reproduction;
and
(c) The husband never openly treated the child as his
own.
(3) The limitation provided in this section applies to a
marriage declared invalid after assisted reproduction. [2002
c 302 § 605.]
26.26.725 Child of assisted reproduction—Effect of
dissolution of marriage. (1) If a marriage is dissolved
[Title 26 RCW—page 110]
before placement of eggs, sperm, or an embryo, the former
spouse is not a parent of the resulting child unless the former
spouse consented in a record that if assisted reproduction
were to occur after a divorce, the former spouse would be a
parent of the child.
(2) The consent of the former spouse to assisted
reproduction may be revoked by that individual in a record
at any time before placement of eggs, sperm, or embryos.
[2002 c 302 § 606.]
26.26.730 Child of assisted reproduction—Parental
status of deceased spouse. If a spouse dies before placement of eggs, sperm, or an embryo, the deceased spouse is
not a parent of the resulting child unless the deceased spouse
consented in a record that if assisted reproduction were to
occur after death, the deceased spouse would be a parent of
the child. [2002 c 302 § 607.]
26.26.735 Child of assisted reproduction—Effect of
agreement between ovum donor and woman who gives
birth. The donor of ovum provided to a licensed physician
for use in the alternative reproductive medical technology
process of attempting to achieve a pregnancy in a woman
other than the donor is treated in law as if she were not the
natural mother of a child thereafter conceived and born unless the donor and the woman who gives birth to a child as
a result of the alternative reproductive medical technology
procedures agree in writing that the donor is to be a parent.
RCW 26.26.705 does not apply in such case. A woman who
gives birth to a child conceived through alternative reproductive medical technology procedures under the supervision
and with the assistance of a licensed physician is treated in
law as if she were the natural mother of the child unless an
agreement in writing signed by an ovum donor and the
woman giving birth to the child states otherwise. An
agreement pursuant to this section must be in writing and
signed by the ovum donor and the woman who gives birth
to the child and any other intended parent of the child. The
physician shall certify the parties’ signatures and the date of
the ovum harvest, identify the subsequent medical procedures
undertaken, and identify the intended parents. The agreement, including the affidavit and certification referenced in
*RCW 26.26.030, must be filed with the registrar of vital
statistics, where it must be kept confidential and in a sealed
file. [2002 c 302 § 608.]
*Reviser’s note: RCW 26.26.030 was repealed by 2002 c 302 § 711.
26.26.740 Child of assisted reproduction—Issuance
of birth certificate. The department of health shall, upon
request, issue a birth certificate for any child born as a result
of an alternative reproductive medical technology procedure
indicating the legal parentage of such child as intended by
any agreement filed with the registrar of vital statistics pursuant to RCW 26.26.735. [2002 c 302 § 609.]
26.26.903 Uniformity of application and construction—2002 c 302. In applying and construing this uniform
act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among
states that enact it. [2002 c 302 § 709.]
(2002 Ed.)
Title 27
LIBRARIES, MUSEUMS, AND HISTORICAL ACTIVITIES
Chapters
27.04
27.12
27.15
27.18
27.20
27.24
27.34
27.40
27.44
27.48
27.53
State library.
Public libraries.
Library capital facility areas.
Interstate library compact.
State law library.
County law libraries.
State historical societies—Historic preservation.
Thomas Burke Memorial Washington State
Museum of University of Washington.
Indian graves and records.
Preservation of historical materials.
Archaeological sites and resources.
Chapter not to apply to certain materials printed in library or library
district: RCW 82.04.600.
City libraries: RCW 35.22.280.
Highway advertising control act of 1961: Chapter 47.42 RCW.
Incorporation of libraries and scientific societies: Chapter 24.03 RCW.
Librarians—Qualifications and certification: RCW 27.04.055.
Periodicals, postage, purchase by public agencies—Manner of payment:
RCW 42.24.035.
Power of cities and towns to acquire art museums, auditoriums, etc.: RCW
35.21.020.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
State publications distribution center: Chapter 40.06 RCW.
Chapter 27.04
STATE LIBRARY
Sections
27.04.010
Library created—Rule-making authority—Appointment of
state librarian.
27.04.045 Duties of state librarian—Lending fees for interlibrary services.
27.04.055 Qualifications of librarians—Rules—Fees.
27.04.100 Reimbursement of employees for offender or resident assaults.
27.04.900 State library commission—Transfer of functions to office of
the secretary of state.
27.04.901 Effective date—2002 c 342.
Certain library records exempt from public inspection: RCW 42.17.310.
27.04.010 Library created—Rule-making authority—Appointment of state librarian. (1) There shall be a
state library within the office of the secretary of state, and a
state librarian to serve as its chief executive officer.
(2) The secretary of state may make such rules under
chapter 34.05 RCW as necessary and proper to carry out the
purposes of this chapter.
(3) The secretary of state shall appoint a state librarian
who shall serve at the pleasure of the secretary of state.
(2002 Ed.)
[2002 c 342 § 2; 1999 c 123 § 1; 1943 c 207 § 1; Rem.
Supp. 1943 § 8225-1. Prior: See Reviser’s note below.]
Reviser’s note: For prior laws on this subject, see Laws 1929 c 159;
1921 c 7 § 13; 1913 c 72; 1903 c 171; 1901 c 43 and 46; 1893 c 63; 1891
c 37; Code 1881 §§ 2588-2613.
27.04.045 Duties of state librarian—Lending fees
for interlibrary services. The state librarian shall be
responsible and accountable for the following functions:
(1) Establishing content-related standards for common
formats and agency indexes for state agency-produced
information. In developing these standards, the state
librarian is encouraged to seek involvement of, and comments from, public and private entities with an interest in
such standards;
(2) Managing and administering the state library;
(3) Exerting leadership in information access and the
development of library services;
(4) Acquiring library materials, equipment, and supplies
by purchase, exchange, gift, or otherwise; and, as appropriate, assisting the legislature, other state agencies, and other
libraries in the cost-effective purchase of information
resources;
(5) Employing and terminating personnel in accordance
with chapter 41.06 RCW as may be necessary to implement
the purposes of this chapter;
(6) Entering into agreements with other public or private
entities as a means of implementing the mission, goals, and
objectives of the state library and the entity with which it
enters such agreements. In agreements for services between
the library and other state agencies, the library may negotiate
an exchange of services in lieu of monetary reimbursement
for the library’s indirect or overhead costs, when such an
arrangement facilitates the delivery of library services;
(7) Maintaining a library at the state capitol grounds to
effectively provide library and information services to
members of the legislature, state officials, and state employees in connection with their official duties;
(8) Serving as the depository for newspapers published
in the state of Washington thus providing a central location
for a valuable historical record for scholarly, personal, and
commercial reference and circulation;
(9) Promoting and facilitating electronic access to public
information and services, including providing, or providing
for, a service that identifies, describes, and provides location
information for government information through electronic
means, and that assists government agencies in making their
information more readily available to the public;
(10) Collecting and distributing copies of state publications, as defined in RCW 40.06.010, prepared by any state
agency for distribution. The state library shall maintain the
state publications distribution center, as provided in chapter
40.06 RCW. The office of the secretary of state, on recommendation of the state librarian, may provide by rule for
[Title 27 RCW—page 1]
27.04.045
Title 27 RCW: Libraries, Museums, and Historical Activities
deposit with the state library of up to three copies of each
publication;
(11) Providing for the sale of library material in
accordance with RCW 27.12.305;
(12) Providing advisory services to state agencies
regarding their information needs;
(13) Providing for library and information service to
residents and staff of state-supported residential institutions;
(14) Providing for library and information services to
persons throughout the state who are blind and/or physically
handicapped;
(15) Assisting individuals and groups such as libraries,
library boards, governing bodies, and citizens throughout the
state toward the establishment and development of library
services;
(16) Making studies and surveys of library needs in
order to provide, expand, enlarge, and otherwise improve
access to library facilities and services throughout the state;
(17) Serving as an interlibrary loan, information,
reference, and referral resource for all libraries in the state.
The state library may charge lending fees to other libraries
that charge the state library for similar services. Money paid
as fees shall be retained by the state library as a recovery of
costs; and
(18) Accepting and expending in accordance with the
terms thereof grants of federal, state, local, or private funds.
For the purpose of qualifying to receive such grants, the
state librarian is authorized to make applications and reports
required by the grantor. [2002 c 342 § 3; 1999 c 123 § 5;
1996 c 171 § 6; 1989 c 96 § 7; 1984 c 152 § 2.]
Captions not law—Effective dates—1996 c 171: See notes
following RCW 43.105.250.
27.04.055 Qualifications of librarians—Rules—Fees.
No library serving a community having over four thousand
population, nor any library operated by the state or under its
authority, may have in its employ, in the position of librarian
or in any other full-time professional library position, a
person who does not hold a librarian’s certificate issued by
the state librarian or its predecessor. A full-time professional library position, is one that requires, in the opinion of the
state librarian, a knowledge of information resources and library/information service delivery equivalent to that required
for graduation from an accredited library education program.
This section does not apply to the state law library or to
county law libraries. The state librarian shall:
(1) Establish rules for, and prescribe and hold examinations to test, the qualifications of those seeking certificates
as librarians;
(2) Grant librarians’ certificates without examination to
applicants who are graduates of library schools programs
accredited or otherwise officially recognized by the American library association for general library training, and grant
certificates to other applicants when it has satisfied itself by
examination that the applicant has attainments and abilities
equivalent to those of a graduate of a library school program
accredited or otherwise officially recognized by the American library association; and
(3) Charge a fee to recover the costs associated with the
application to be paid by each applicant for a librarian’s
certificate. Money paid as fees shall be retained by the state
[Title 27 RCW—page 2]
library as a recovery of costs. [2002 c 342 § 4; 1999 c 123
§ 4.]
27.04.100 Reimbursement of employees for offender
or resident assaults. (1) In recognition of prison overcrowding and the hazardous nature of employment in state
institutions and offices, the legislature hereby provides a
supplementary program to reimburse employees of the state
library for some of their costs attributable to their being the
victims of offender or resident assaults. This program shall
be limited to the reimbursement provided in this section.
(2) An employee is only entitled to receive the reimbursement provided in this section if the state librarian, or
the state librarian’s designee, finds that each of the following
has occurred:
(a) An offender or resident has assaulted the employee
while the employee is performing the employee’s official
duties and as a result thereof the employee has sustained
injuries which have required the employee to miss days of
work; and
(b) The assault cannot be attributable to any extent to
the employee’s negligence, misconduct, or failure to comply
with any rules or conditions of employment.
(3) The reimbursement authorized under this section
shall be as follows:
(a) The employee’s accumulated sick leave days shall
not be reduced for the workdays missed;
(b) For each workday missed for which the employee is
not eligible to receive compensation under chapter 51.32
RCW, the employee shall receive full pay; and
(c) With respect to workdays missed for which the
employee will receive or has received compensation under
chapter 51.32 RCW, the employee shall be reimbursed in an
amount which, when added to that compensation, will result
in the employee receiving full pay for the workdays missed.
(4) Reimbursement under this section may not last
longer than three hundred sixty-five consecutive days after
the date of the injury.
(5) The employee shall not be entitled to the reimbursement provided in subsection (3) of this section for any
workday for which the state librarian, or the state librarian’s
designee, finds that the employee has not diligently pursued
his or her compensation remedies under chapter 51.32 RCW.
(6) The reimbursement shall only be made for absences
which the state librarian, or the state librarian’s designee,
believes are justified.
(7) While the employee is receiving reimbursement
under this section, he or she shall continue to be classified
as a state employee and the reimbursement amount shall be
considered as salary or wages.
(8) All reimbursement payments required to be made to
employees under this section shall be made by the state
library. The payments shall be considered as a salary or
wage expense and shall be paid by the state library in the
same manner and from the same appropriations as other
salary and wage expenses of the state library.
(9) Should the legislature revoke the reimbursement
authorized under this section or repeal this section, no
affected employee is entitled thereafter to receive the
reimbursement as a matter of contractual right.
(2002 Ed.)
State Library
(10) For the purposes of this section, "offender or
resident" means: (a) Inmate as defined in *RCW 72.09.020,
(b) offender as defined in RCW 9.94A.030, (c) any other
person in the custody of or subject to the jurisdiction of the
department of corrections, or (d) a resident of a state
institution. [1990 c 68 § 1.]
*Reviser’s note: RCW 72.09.020 was repealed by 1995 1st sp.s. c
19 § 36.
27.04.900 State library commission—Transfer of
functions to office of the secretary of state. (1) The state
library commission is hereby abolished and its powers,
duties, and functions are hereby transferred to the office of
the secretary of state. All references to the state library
commission in the Revised Code of Washington shall be
construed to mean the secretary of state or the office of the
secretary of state.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the state
library commission or the state library shall be delivered to
the custody of the office of the secretary of state. All
cabinets, furniture, office equipment, motor vehicles, and
other tangible property employed by the state library
commission or the state library shall be made available to
the office of the secretary of state. All funds, credits, or
other assets held by the state library commission or the state
library shall be assigned to the office of the secretary of
state.
(b) Any appropriations made to the state library commission or the state library shall, on July 1, 2002, be
transferred and credited to the office of the secretary of state.
(c) If any question arises as to the transfer of any
personnel, funds, books, documents, records, papers, files,
equipment, or other tangible property used or held in the
exercise of the powers and the performance of the duties and
functions transferred, the director of financial management
shall make a determination as to the proper allocation and
certify the same to the state agencies concerned.
(3) All employees of the state library commission and
the state library are transferred to the jurisdiction of the
office of the secretary of state. All employees classified
under chapter 41.06 RCW, the state civil service law, are
assigned to the office of the secretary of state to perform
their usual duties upon the same terms as formerly, without
any loss of rights, subject to any action that may be appropriate thereafter in accordance with the laws and rules
governing state civil service.
(4) All rules and all pending business before the state
library commission or the state library shall be continued and
acted upon by the office of the secretary of state. All
existing contracts and obligations shall remain in full force
and shall be performed by the office of the secretary of state.
(5) The transfer of the powers, duties, functions, and
personnel of the state library commission and the state
library shall not affect the validity of any act performed
before July 1, 2002.
(6) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
(2002 Ed.)
27.04.100
adjustments in funds and appropriation accounts and equipment records in accordance with the certification.
(7) Nothing contained in this section may be construed
to alter any existing collective bargaining unit or the provisions of any existing collective bargaining agreement until
the agreement has expired or until the bargaining unit has
been modified by action of the personnel resources board as
provided by law.
(8) Subsequent to the merger of the state library into the
office of the secretary of state, any reduction-in-force actions
that occur on or before June 30, 2005, with respect to
positions within the boundaries of the individual agency as
the agencies existed on June 30, 2002, shall afford lay-off
rights only to those positions that were within the boundaries
of the respective individual agency as the agencies existed
on June 30, 2002. [2002 c 342 § 1.]
27.04.901 Effective date—2002 c 342. This act takes
effect July 1, 2002. [2002 c 342 § 8.]
Chapter 27.12
PUBLIC LIBRARIES
Sections
27.12.010
27.12.020
27.12.025
27.12.030
27.12.040
27.12.050
27.12.060
27.12.070
27.12.079
27.12.080
27.12.090
27.12.100
27.12.110
27.12.120
27.12.130
27.12.140
27.12.150
27.12.160
27.12.170
27.12.180
27.12.190
27.12.210
27.12.212
27.12.215
27.12.220
27.12.222
27.12.223
27.12.240
27.12.260
27.12.270
27.12.280
27.12.285
Definitions.
Policy of state.
Authorization.
Libraries, how established.
Rural library districts—Establishment.
Rural library districts—Board of library trustees—Tax levies.
Rural library districts—General powers.
Rural county library districts or rural partial-county library
districts—Disbursement of revenues and collection of
taxes.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
Regional libraries.
Intercounty rural library districts—Establishment.
Intercounty rural library districts—Establishment—
Procedure.
Intercounty rural library districts—Expansion of existing
districts.
Intercounty rural library districts—Assumption of property,
assets, liabilities.
Intercounty rural library districts—Board of trustees.
Intercounty rural library districts—Name may be adopted.
Intercounty rural library districts—Tax levies.
Intercounty rural library districts—District treasurer.
Intercounty rural library districts—Powers of board—
Procedures.
Contracts for library service.
Library trustees—Appointment, election, removal, compensation.
Library trustees—Organization—Bylaws—Powers and duties.
Community revitalization financing—Public improvements.
Job recruitment expenditures authorized.
Rural, island, and intercounty rural districts—Budget for
capital outlays—Accumulation of funds.
Rural, island, and intercounty rural districts—General obligation bonds—Excess levies.
Bonds—Sale—Security for deposit.
Annual appropriations—Control of expenditures.
Annual report of trustees.
Rules and regulations—Free use of libraries.
Use by nonresidents—Exchange of books.
Library services for Indian tribes.
[Title 27 RCW—page 3]
Chapter 27.12
Title 27 RCW: Libraries, Museums, and Historical Activities
27.12.290
27.12.300
27.12.305
Violators may be excluded.
Gifts—Title to property.
Sale of library materials authorized—Disposition of proceeds.
27.12.310 Charter provisions superseded.
27.12.320 Dissolution—Disposition of property.
27.12.321 School district public libraries abolished—Disposition of
assets.
27.12.330 Penalty for injury to property.
27.12.340 Wilfully retaining books—Infraction.
27.12.350 Executory conditional sales contracts for purchase of property—Limit on indebtedness—Election, when.
27.12.355 Rural county library district, island library district, or intercounty rural library district—Withdrawal or reannexation of areas.
27.12.360 Annexation of city or town into rural county library district,
island library district, or intercounty rural library district—Initiation procedure.
27.12.370 Annexation of city or town into library district—Special
election procedure.
27.12.380 Annexation of city or town into library district—Withdrawal
of annexed city or town.
27.12.390 Annexation of city or town into library district—Tax levies.
27.12.395 Annexation of city or town into library district—Assumption
of liabilities.
27.12.400 Island library districts—Establishment—Procedure.
27.12.410 Island library districts—Restrictions on establishment.
27.12.420 Island library districts—Board of trustees—Tax levies.
27.12.430 Island library districts—Name may be adopted.
27.12.440 Island library districts—Powers and limitations for indebtedness.
27.12.450 Island library districts—Dissolution, when.
27.12.470 Rural partial-county library districts.
Certain library records exempt from public inspection: RCW 42.17.310.
Librarians—Qualifications and certification: RCW 27.04.055.
Rural library district regular property tax levy: RCW 84.52.063.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
27.12.010 Definitions. As used in this chapter, unless
the context requires a different meaning:
(1) "Governmental unit" means any county, city, town,
rural county library district, intercounty rural library district,
rural partial-county library district, or island library district;
(2) "Legislative body" means the body authorized to
determine the amount of taxes to be levied in a governmental unit; in rural county library districts, in intercounty rural
library districts, and in island library districts, the legislative
body shall be the board of library trustees of the district;
(3) "Library" means a free public library supported in
whole or in part with money derived from taxation;
(4) "Regional library" means a free public library
maintained by two or more counties or other governmental
units as provided in RCW 27.12.080;
(5) "Rural county library district" means a library
serving all the area of a county not included within the area
of incorporated cities and towns: PROVIDED, That any city
or town with a population of one hundred thousand or less
at the time of annexation may be included therein as
provided in RCW 27.12.360 through 27.12.390;
(6) "Intercounty rural library district" means a municipal
corporation organized to provide library service for all areas
outside of incorporated cities and towns within two or more
counties: PROVIDED, That any city or town with a population of one hundred thousand or less at the time of
annexation may be included therein as provided in RCW
27.12.360 through 27.12.390;
[Title 27 RCW—page 4]
(7) "Island library district" means a municipal corporation organized to provide library service for all areas outside
of incorporated cities and towns on a single island only, and
not all of the area of the county, in counties composed
entirely of islands and having a population of less than
twenty-five thousand at the time the island library district
was created: PROVIDED, That any city or town with a
population of one hundred thousand or less at the time of
annexation may be included therein as provided in RCW
27.12.360 through 27.12.390; and
(8) "Rural partial-county library district" means a
municipal corporation organized to provide library service
for a portion of the unincorporated area of a county. Any
city or town located in the same county as a rural partialcounty library district may annex to the district if the city or
town has a population of one hundred thousand or less at the
time of annexation. [1994 c 198 § 1; 1993 c 284 § 2; 1982
c 123 § 1; 1981 c 26 § 1; 1977 ex.s. c 353 § 5; 1965 c 122
§ 1; 1947 c 75 § 10; 1941 c 65 § 1; 1935 c 119 § 2; Rem.
Supp. 1947 § 8226-2.]
27.12.020 Policy of state. It is hereby declared to be
the policy of the state, as a part of its provision for public
education, to promote the establishment and development of
public library service throughout its various subdivisions.
[1935 c 119 § 1; RRS § 8226-1. FORMER PART OF
SECTION: 1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp.
1941 § 8226-3 now codified as RCW 27.12.025.]
27.12.025 Authorization. Any governmental unit has
power to establish and maintain a library, either by itself or
in cooperation with one or more other governmental units.
[1941 c 65 § 2; 1935 c 119 § 3; Rem. Supp. 1941 § 8226-3.
Formerly RCW 27.12.020, part.]
27.12.030 Libraries, how established. A library may
be established in any county, city, or town either (1) by its
legislative body of its own initiative; or (2) upon the petition
of one hundred taxpayers of such a governmental unit, the
legislative body shall submit to a vote of the qualified
electors thereof, at the next municipal or special election
held therein (in the case of a city or town) or the next
general election or special election held therein (in the case
of a county), the question whether a library shall be established; and if a majority of the electors voting on the
question vote in favor of the establishment of a library, the
legislative body shall forthwith establish one. [1965 c 122
§ 2; 1941 c 65 § 3; 1935 c 119 § 4; Rem. Supp. 1941 §
8226-4. Prior: 1915 c 12 § 1; 1913 c 123 § 1; 1909 c 116
§ 1; 1901 c 166 § 1.]
27.12.040 Rural library districts—Establishment.
The procedure for the establishment of a rural county library
district shall be as follows:
(1) Petitions signed by at least ten percent of the
registered voters of the county who voted in the last general
election, outside of the area of incorporated cities and towns,
asking that the question, "Shall a rural county library district
be established?" be submitted to a vote of the people, shall
be filed with the county legislative authority.
(2002 Ed.)
Public Libraries
(2) The county legislative authority, after having
determined that the petitions were signed by the requisite
number of registered voters, shall place the proposition for
the establishment of a rural county library district on the
ballot for the vote of the people of the county, outside
incorporated cities and towns, at the next succeeding general
or special election.
(3) If a majority of those voting on the proposition vote
in favor of the establishment of the rural county library
district, the county legislative authority shall forthwith
declare it established. [1990 c 259 § 1; 1955 c 59 § 4.
Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65
§ 4, part; Rem. Supp. 1947 § 8226-4a, part.]
Dissolution—Disposition of property: RCW 27.12.320.
Dissolution of island library district: RCW 27.12.450.
27.12.050 Rural library districts—Board of library
trustees—Tax levies. After the board of county commissioners has declared a rural county library district established, it shall appoint a board of library trustees and provide
funds for the establishment and maintenance of library
service for the district by making a tax levy on the property
in the district of not more than fifty cents per thousand
dollars of assessed value per year sufficient for the library
service as shown to be required by the budget submitted to
the board of county commissioners by the board of library
trustees, and by making a tax levy in such further amount as
shall be authorized pursuant to RCW 27.12.222 or 84.52.052
or 84.52.056. Such levies shall be a part of the general tax
roll and shall be collected as a part of the general taxes
against the property in the district. [1973 1st ex.s. c 195 §
5; 1955 c 59 § 5. Prior: 1947 c 75 § 11, part; 1943 c 251
§ 1, part; 1941 c 65 § 4, part; Rem. Supp. 1947 § 8226-4a,
part.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Budget for capital outlays—Accumulation of funds: RCW 27.12.220.
Capital outlays—Bonds—Excess levies: RCW 27.12.222.
27.12.060 Rural library districts—General powers.
A rural county library district shall be a public corporation
with such powers as are necessary to carry out its functions
and for taxation purposes shall have the power vested in
municipal corporations for such purposes. [1984 c 186 § 6;
1983 c 167 § 19; 1980 c 100 § 1; 1955 c 59 § 6. Prior:
1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65 § 4,
part; Rem. Supp. 1947 § 8226-4a, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
27.12.070 Rural county library districts or rural
partial-county library districts—Disbursement of revenues and collection of taxes. The county treasurer of the
county in which any rural county library district or rural
partial-county library district is created shall receive and
disburse all district revenues and collect all taxes levied
under this chapter. [1993 c 284 § 3; 1984 c 186 § 7; 1973
1st ex.s. c 195 § 6; 1970 ex.s. c 42 § 2; 1955 c 59 § 7.
Prior: 1947 c 75 § 11, part; 1943 c 251 § 1, part; 1941 c 65
§ 4, part; Rem. Supp. 1947 § 8226-4a, part.]
(2002 Ed.)
27.12.040
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Annual appropriations—Control of expenditures: RCW 27.12.240.
Capital outlays—General obligation bonds—Excess levies: RCW 27.12.222.
27.12.079 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
27.12.080 Regional libraries. Two or more counties,
or other governmental units, by action of their legislative
bodies, may join in establishing and maintaining a regional
library under the terms of a contract to which all will agree.
The expenses of the regional library shall be apportioned
between or among the contracting parties concerned on such
basis as shall be agreed upon in the contract. The treasurer
of one of the governmental units, as shall be provided in the
contract, shall have the custody of the funds of the regional
library; and the treasurers of the other governmental units
concerned shall transfer quarterly to him all moneys collected for free public library purposes in their respective
governmental units. If the legislative body of any governmental unit decides to withdraw from a regional library
contract, the governmental unit withdrawing shall be entitled
to a division of the property on the basis of its contributions.
[1941 c 65 § 5; 1935 c 119 § 5; Rem. Supp. 1941 § 82265.]
27.12.090 Intercounty rural library districts—
Establishment. Intercounty rural library districts may be
established to provide throughout several counties free public
library service similar to that provided within a single county
by a rural county library district. [1947 c 75 § 1; Rem.
Supp. 1947 § 8246-1.]
Dissolution—Disposition of property: RCW 27.12.320.
27.12.100 Intercounty rural library districts—
Establishment—Procedure. An intercounty rural library
district shall be established by joint action of two or more
counties proceeding by either of the following alternative
methods:
(1) The boards of county commissioners of any two or
more counties shall adopt identical resolutions proposing the
formation of such a district to include all of the areas outside
of incorporated cities or towns in such counties as may be
designated in such resolutions. In lieu of such resolutions a
petition of like purport signed by ten percent of the registered voters residing outside of incorporated cities or towns
of a county, may be filed with the county auditor thereof,
and shall have the same effect as a resolution. The proposition for the formation of the district as stated on the petition
shall be prepared by the attorney general upon request of the
state library commission. Action to initiate the formation of
such a district shall become ineffective in any county if
corresponding action is not completed within one year
thereafter by each other county included in such proposal.
The county auditor in each county shall check the validity of
the signatures on the petition and shall certify to the board
[Title 27 RCW—page 5]
27.12.100
Title 27 RCW: Libraries, Museums, and Historical Activities
of county commissioners the sufficiency of the signatures.
If each petition contains the signatures of ten percent of the
registered voters residing outside the incorporated cities and
towns of the county, each board of county commissioners
shall pass a resolution calling an election for the purpose of
submitting the question to the voters and setting the date of
said election. When such action has been taken in each of
the counties involved, notification shall be made by each
board of county commissioners to the board of county
commissioners of the county having the largest population
according to the last federal census, who shall give proper
notification to each county auditor. At the next general or
special election held in the respective counties there shall be
submitted to the voters in the areas outside of incorporated
cities and towns a question as to whether an intercounty
rural library district shall be established as outlined in the
resolutions or petitions. Notice of said election shall be
given the county auditor pursuant to RCW 29.27.080. The
county auditor shall provide for the printing of a separate
ballot and shall provide for the distribution of ballots to the
polling places pursuant to RCW 29.04.020. The county
auditor shall instruct the election boards in split precincts.
The respective county canvassing boards in each county to
be included within the intercounty rural library district shall
canvass the votes and certify the results to the county auditor
pursuant to chapter 29.62 RCW; the result shall then be
certified by each county auditor to the county auditor of the
county having the largest population according to the last
federal census. If a majority of the electors voting on the
proposition in each of the counties affected shall vote in
favor of such district it shall thereby become established, and
the board of county commissioners of the county having the
largest population according to the last federal census shall
declare the intercounty rural library district established. If
two or more of the counties affected are in an existing
intercounty rural library district, then the electors in areas
outside incorporated cities and towns in those counties shall
vote as a unit and the electors in areas outside incorporated
cities and towns in each of the other affected counties shall
vote as separate units. If a majority of the electors voting on
the proposition in the existing district and a majority of the
voters in any of the other affected counties shall vote in
favor of an expanded intercounty rural library district it shall
thereby become established.
(2) The county commissioners of two or more counties
meeting in joint session attended by a majority of the county
commissioners of each county may, by majority vote of
those present, order the establishment of an intercounty rural
library district to include all of the area outside of incorporated cities and towns in as many of the counties represented
at such joint meeting as shall be determined by resolution of
such joint meeting. If two or more counties are in an
existing intercounty rural library district, then a majority vote
of all of the commissioners present from those counties
voting as a unit, and a majority vote of the commissioners
present from any other county shall cause the joint session
to order the establishment of an expanded intercounty rural
library district. No county, however, shall be included in
such district if a majority of its county commissioners vote
against its inclusion in such district. [1965 c 63 § 1; 1961
c 82 § 1; 1947 c 75 § 2; Rem. Supp. 1947 § 8246-2.]
[Title 27 RCW—page 6]
27.12.110 Intercounty rural library districts—
Expansion of existing districts. An existing rural county
library district may be expanded into an intercounty rural
library district or an established intercounty rural library
district may be expanded to include additional counties by
joint action of all counties included in the proposed expanded district taken in the same manner as prescribed for the
initiation of an intercounty rural library district. [1947 c 75
§ 3; Rem. Supp. 1947 § 8246-3.]
27.12.120 Intercounty rural library districts—
Assumption of property, assets, liabilities. All property,
assets and liabilities of preexisting library districts within the
area included in an intercounty rural library district shall
pass to and be assumed by an intercounty rural library
district: PROVIDED, That where within any intercounty
rural library district heretofore or hereafter organized under
the provisions of this chapter a preexisting library district
had incurred a bonded indebtedness which was outstanding
at the time of the formation of the intercounty rural library
district, such preexisting library district shall retain its
corporate existence insofar as is necessary for the purpose
until the bonded indebtedness outstanding against it on and
after the effective date of said formation has been paid in
full: PROVIDED FURTHER, That a special election may
be called by the board of trustees of the intercounty rural
library district, to be held at the next general or special
election held in the respective counties for the purpose of
affording the voters residing within the area outside of the
preexisting library district an opportunity to assume the
obligation of the bonded indebtedness of the preexisting
library district or the question may be submitted to the voters
as a separate proposition at the election on the proposal for
the formation of the intercounty rural library district. [1961
c 82 § 2; 1947 c 75 § 4; Rem. Supp. 1947 § 8246-4.]
27.12.130 Intercounty rural library districts—Board
of trustees. Immediately following the establishment of an
intercounty rural library district the boards of county
commissioners of the counties affected shall jointly appoint
a board of five or seven trustees for the district in accordance with RCW 27.12.190. The board of trustees shall
appoint a librarian for the district. [1959 c 133 § 1; 1947 c
75 § 5; Rem. Supp. 1947 § 8246-5.]
27.12.140 Intercounty rural library districts—Name
may be adopted. The board of trustees of an intercounty
rural library district may adopt a name by which the district
shall be known and under which it shall transact all of its
business. [1947 c 75 § 6; Rem. Supp. 1947 § 8246-6.]
27.12.150 Intercounty rural library districts—Tax
levies. Funds for the establishment and maintenance of the
library service of the district shall be provided by the boards
of county commissioners of the respective counties by means
of an annual tax levy on the property in the district of not
more than fifty cents per thousand dollars of assessed value
per year. The tax levy in the several counties shall be at a
uniform rate and shall be based on a budget to be compiled
by the board of trustees of the intercounty rural library
(2002 Ed.)
Public Libraries
district who shall determine the uniform tax rate necessary
and certify their determination to the respective boards of
county commissioners.
Excess levies authorized pursuant to RCW 27.12.222
and 84.52.052 or 84.52.056 shall be at a uniform rate which
uniform rate shall be determined by the board of trustees of
the intercounty rural library district and certified to the
respective boards of county commissioners. [1973 1st ex.s.
c 195 § 7; 1955 c 59 § 8; 1947 c 75 § 7; Rem. Supp. 1947
§ 8246-7.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Budget for capital outlays—Accumulation of funds: RCW 27.12.220.
Capital outlays—Bonds—Excess levies: RCW 27.12.222.
27.12.160 Intercounty rural library districts—
District treasurer. The board of trustees of an intercounty
rural library district shall designate the county treasurer of
one of the counties included in the district to act as treasurer
for the district. All moneys raised for the district by taxation
within the participating counties or received by the district
from any other sources shall be paid over to him, and he
shall disburse the funds of the district upon warrants drawn
thereon by the auditor of the county to which he belongs
pursuant to vouchers approved by the trustees of the district.
[1947 c 75 § 8; Rem. Supp. 1947 § 8246-8.]
Annual expenditures—Control of appropriations: RCW 27.12.240.
27.12.170 Intercounty rural library districts—
Powers of board—Procedures. Except as otherwise
specifically provided intercounty rural library districts and
the trustees thereof shall have the same powers as are
prescribed by RCW 27.12.040 through 27.12.070, for rural
county library districts and shall follow the same procedures
and be subject to the same limitations as are provided therein
with respect to the contracting of indebtedness. [1947 c 75
§ 9; Rem. Supp. 1947 § 8246-9.]
27.12.180 Contracts for library service. Instead of
establishing or maintaining an independent library, the
legislative body of any governmental unit authorized to
maintain a library shall have power to contract to receive library service from an existing library, the board of trustees
of which shall have reciprocal power to contract to render
the service with the consent of the legislative body of its
governmental unit. Such a contract shall require that the
existing library perform all the functions of a library within
the governmental unit wanting service. In like manner a
legislative body may contract for library service from a
library not owned by a public corporation but maintained for
free public use: PROVIDED, That such a library be subject
to inspection by the state librarian and be certified by him as
maintaining a proper standard. Any school district may
contract for school library service from any existing library,
such service to be paid for from funds available to the
school district for library purposes. [1941 c 65 § 6; 1935 c
119 § 7; Rem. Supp. 1941 § 8226-7.]
27.12.190 Library trustees—Appointment, election,
removal, compensation. The management and control of a
library shall be vested in a board of either five or seven
(2002 Ed.)
27.12.150
trustees as hereinafter in this section provided. In cities and
towns five trustees shall be appointed by the mayor with the
consent of the legislative body. In counties, rural county
library districts, and island library districts, five trustees shall
be appointed by the board of county commissioners. In a
regional library district a board of either five or seven
trustees shall be appointed by the joint action of the legislative bodies concerned. In intercounty rural library districts
a board of either five or seven trustees shall be appointed by
the joint action of the boards of county commissioners of
each of the counties included in a district. The first appointments for boards comprised of but five trustees shall be for
terms of one, two, three, four, and five years respectively,
and thereafter a trustee shall be appointed annually to serve
for five years. The first appointments for boards comprised
of seven trustees shall be for terms of one, two, three, four,
five, six, and seven years respectively, and thereafter a
trustee shall be appointed annually to serve for seven years.
No person shall be appointed to any board of trustees for
more than two consecutive terms. Vacancies shall be filled
for unexpired terms as soon as possible in the manner in
which members of the board are regularly chosen.
A library trustee shall not receive a salary or other
compensation for services as trustee, but necessary expenses
actually incurred shall be paid from the library funds.
A library trustee in the case of a city or town may be
removed only by vote of the legislative body. A trustee of
a county library, a rural county library district library, or an
island library district library may be removed for just cause
by the county commissioners after a public hearing upon a
written complaint stating the ground for removal, which
complaint, with a notice of the time and place of hearing,
shall have been served upon the trustee at least fifteen days
before the hearing. A trustee of an intercounty rural library
district may be removed by the joint action of the board of
county commissioners of the counties involved in the same
manner as provided herein for the removal of a trustee of a
county library. [1982 c 123 § 8; 1981 c 26 § 2; 1965 c 122
§ 3; 1959 c 133 § 2; 1947 c 75 § 12; 1941 c 65 § 7; 1939
c 108 § 1; 1935 c 119 § 8; Rem. Supp. 1947 § 8226-8.
Prior: 1915 c 12 § 2; 1909 c 116 § 4; 1901 c 166 § 4.
Formerly RCW 27.12.190 and 27.12.200.]
27.12.210 Library trustees—Organization—
Bylaws—Powers and duties. The trustees, immediately
after their appointment or election, shall meet and organize
by the election of such officers as they deem necessary.
They shall:
(1) Adopt such bylaws, rules, and regulations for their
own guidance and for the government of the library as they
deem expedient;
(2) Have the supervision, care, and custody of all
property of the library, including the rooms or buildings
constructed, leased, or set apart therefor;
(3) Employ a librarian, and upon his recommendation
employ such other assistants as may be necessary, all in
accordance with the provisions of *RCW 27.08.010, prescribe their duties, fix their compensation, and remove them
for cause;
(4) Submit annually to the legislative body a budget
containing estimates in detail of the amount of money
[Title 27 RCW—page 7]
27.12.210
Title 27 RCW: Libraries, Museums, and Historical Activities
necessary for the library for the ensuing year; except that in
a library district the board of library trustees shall prepare its
budget, certify the same and deliver it to the board of county
commissioners in ample time for it to make the tax levies for
the purpose of the district;
(5) Have exclusive control of the finances of the library;
(6) Accept such gifts of money or property for library
purposes as they deem expedient;
(7) Lease or purchase land for library buildings;
(8) Lease, purchase, or erect an appropriate building or
buildings for library purposes, and acquire such other
property as may be needed therefor;
(9) Purchase books, periodicals, maps, and supplies for
the library; and
(10) Do all other acts necessary for the orderly and
efficient management and control of the library. [1982 c
123 § 9; 1941 c 65 § 8; 1935 c 119 § 9; Rem. Supp. 1941
§ 8226-9. Prior: 1909 c 116 § 5; 1901 c 166 § 5.]
*Reviser’s note: RCW 27.08.010 was repealed by 1987 c 330 § 402.
See RCW 27.04.055 for qualifications of librarians.
27.12.212 Community revitalization financing—
Public improvements. In addition to other authority that a
rural county library district or intercounty rural library
district possesses, a rural county library district or an intercounty rural library district may provide any public
improvement as defined under RCW 39.89.020, but this
additional authority is limited to participating in the financing of the public improvements as provided under RCW
39.89.050.
This section does not limit the authority of a rural
county library district or intercounty rural library district to
otherwise participate in the public improvements if that
authority exists elsewhere. [2001 c 212 § 11.]
Severability—2001 c 212: See RCW 39.89.902.
27.12.215 Job recruitment expenditures authorized.
The trustees of a library or a library district have the
authority to spend funds to recruit job candidates. The
trustees have the authority to reimburse job candidates for
reasonable and necessary travel expenses including transportation, subsistence, and lodging. [1979 ex.s. c 40 § 1.]
27.12.220 Rural, island, and intercounty rural
districts—Budget for capital outlays—Accumulation of
funds. The trustees of any rural county library district, any
island library district, or any intercounty rural library district
may include in the annual budget of such district an item for
the accumulation during such year of a specified sum of
money to be expended in a future year for the acquisition,
enlargement or improvement of real or personal property for
library purposes. [1982 c 123 § 10; 1947 c 22 § 1; Rem.
Supp. 1947 § 8246a.]
27.12.222 Rural, island, and intercounty rural
districts—General obligation bonds—Excess levies. A
rural county library district, intercounty rural library district,
or island library district may contract indebtedness and issue
general obligation bonds not to exceed an amount, together
with any outstanding nonvoter approved general obligation
indebtedness, equal to one-tenth of one percent of the value
[Title 27 RCW—page 8]
of the taxable property within the district, as the term "value
of the taxable property" is defined in RCW 39.36.015. The
maximum term of nonvoter approved general obligation
bonds shall not exceed six years. A rural county library
district, island library district, or intercounty rural library district may additionally contract indebtedness and issue general
obligation bonds for capital purposes only, together with any
outstanding general indebtedness, not to exceed an amount
equal to one-half of one percent of the value of the taxable
property within the district, as the term "value of the taxable
property" is defined in RCW 39.36.015 whenever a proposition authorizing the issuance of such bonds has been
approved by the voters of the district pursuant to RCW
39.36.050, by three-fifths of the persons voting on the
proposition at which election the number of persons voting
on the proposition shall constitute not less than forty percent
of the total number of votes cast in such taxing district at the
last preceding general election. If the voters shall so
authorize at an election held pursuant to RCW 39.36.050, the
district may levy annual taxes in excess of normal legal
limitations to pay the principal and interest upon such bonds
as they shall become due. The excess levies mentioned in
this section or in RCW 84.52.052 or 84.52.056 may be made
notwithstanding anything contained in RCW 27.12.050 or
27.12.150 or any other statute pertaining to such library
districts. [1984 c 186 § 8; 1982 c 123 § 11; 1970 ex.s. c 42
§ 3; 1955 c 59 § 1.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Island library districts—Tax levies: RCW 27.12.420.
27.12.223 Bonds—Sale—Security for deposit.
Bonds authorized by RCW 27.12.222 shall be issued and
sold in accordance with chapter 39.46 RCW. All such bonds
shall be legal securities for any bank or trust company for
deposit with the state treasurer or any county or city treasurer as security for deposits in lieu of a surety bond under any
law relating to deposits of public moneys. [1984 c 186 § 9;
1983 c 167 § 20; 1970 ex.s. c 56 § 6; 1969 ex.s. c 232 § 4;
1955 c 59 § 2.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
27.12.240 Annual appropriations—Control of
expenditures. After a library shall have been established or
library service contracted for, the legislative body of the
governmental unit for which the library was established or
the service engaged, shall appropriate money annually for the
support of the library. All funds for the library, whether
derived from taxation or otherwise, shall be in the custody
of the treasurer of the governmental unit, and shall be
designated by him in some manner for identification, and
shall not be used for any but library purposes. The board of
trustees shall have the exclusive control of expenditures for
library purposes subject to any examination of accounts
required by the state and money shall be paid for library
(2002 Ed.)
Public Libraries
purposes only upon vouchers of the board of trustees,
without further audit. The board shall not make expenditures
or incur indebtedness in any year in excess of the amount of
money appropriated and/or available for library purposes.
[1965 c 122 § 4; 1941 c 65 § 9; 1939 c 108 § 3; 1935 c 119
§ 10; Rem. Supp. 1941 § 8226-10. Prior: 1909 c 116 § 3;
1901 c 166 § 3. Formerly RCW 27.12.240 and 27.12.250.]
27.12.260 Annual report of trustees. At the close of
each year the board of trustees of every library shall make
a report to the legislative body of the governmental unit
wherein the board serves, showing the condition of their trust
during the year, the sums of money received for the library
fund from taxes and other sources, the sums of money
expended and the purposes of the expenditures, the number
of books and periodicals on hand, the number added during
the year, the number retired, the number loaned out, and
such other statistics and information and such suggestions as
they deem of public interest. A copy of this report shall be
filed with the state librarian. [1935 c 119 § 12; RRS §
8226-12. Prior: 1909 c 116 § 8; 1901 c 166 § 8.]
27.12.270 Rules and regulations—Free use of
libraries. Every library established or maintained under
*this act shall be free for the use of the inhabitants of the
governmental unit in which it is located, subject to such
reasonable rules and regulations as the trustees find necessary to assure the greatest benefit to the greatest number,
except that the trustees may charge a reasonable fee for the
use of certain duplicate copies of popular books. [1935 c
119 § 13; RRS § 8226-13. Prior: 1909 c 116 § 9, part;
1901 c 166 § 9, part.]
*Reviser’s note: Term "this act" was first used in basic act, 1935 c
119 and appeared in subsequent amendments. Chapter 119, Laws of 193
5 was codified in RCW 27.08.010, 27.12.010 through 27.12.080, 27.12.1
80 through 27.12.210, 27.12.230 through 27.12.280, 27.12.290 through 2
7.12.320, 27.12.330, and 27.12.340.
27.12.280 Use by nonresidents—Exchange of books.
The board of trustees of a library, under such rules and
regulations as it may deem necessary and upon such terms
and conditions as may be agreed upon, may allow nonresidents of the governmental unit in which the library is
situated to use the books thereof, and may make exchanges
of books with any other library, either permanently or
temporarily. [1935 c 119 § 14; RRS § 8226-14. Prior:
1909 c 116 § 10; 1901 c 166 § 10.]
27.12.285 Library services for Indian tribes. The
legislature finds that it is necessary to give the several
boards of library trustees in this state additional powers in
order to effectuate the state’s policy with regard to libraries
as set forth in RCW 27.12.020. On and after March 27,
1975 the board of library trustees in any county of this state,
in addition to any other powers and duties, is hereby
authorized to provide library services to Indian tribes
recognized as such by the federal government or to supplement any existing library services of such an Indian tribe.
The power granted by this section shall extend beyond the
geographic limits of the library district and the county or
counties in which the district is located. [1975 c 50 § 1.]
(2002 Ed.)
27.12.240
27.12.290 Violators may be excluded. A board of
library trustees may exclude from the use of the library
under its charge any person who wilfully and persistently
violates any rule or regulation prescribed for the use of the
library or its facilities or any person whose physical condition is deemed dangerous or offensive to other library users.
[1935 c 119 § 15; RRS § 8226-15. Prior: 1909 c 116 § 9,
part; 1901 c 166 § 9, part.]
27.12.300 Gifts—Title to property. The title to
money or property given to or for the use or benefit of a
library shall vest in the board of trustees, to be held and
used according to the terms of the gift. [1935 c 119 § 18;
RRS § 8226-18. Prior: 1909 c 116 § 20; 1901 c 166 § 20.]
27.12.305 Sale of library materials authorized—
Disposition of proceeds. Any public library, including the
state library created pursuant to chapter 27.04 RCW, shall
have the authority to provide for the sale of library materials
developed by the library staff for its use but which are of
value to others such as book catalogs, books published by
the library, indexes, films, slides, book lists, and similar
materials.
The library commission, board of library trustees, or
other governing authority charged with the direct control of
a public library shall determine the prices and quantities of
materials to be prepared and offered for sale. Prices shall be
limited to the publishing and preparation costs, exclusive of
staff salaries and overhead. Any moneys received from the
sales of such materials shall be placed in the appropriate
library fund.
Nothing in this section shall be construed to authorize
any library to charge any resident for a library service nor to
authorize any library to sell materials to a branch library or
library which is part of a depository library system when
such materials may be distributed free of cost to such library
nor shall this section be construed to prevent, curtail, or
inhibit any free distribution programs or exchange programs
between libraries or between libraries and other agencies.
[1972 ex.s. c 90 § 1.]
27.12.310 Charter provisions superseded. Every
existing free public library shall be considered as if established under *this act, and the board of trustees and the
legislative body of the governmental unit in which the
library is located shall proceed forthwith to make such
changes as may be necessary to effect compliance with the
terms hereof; and every existing contract for library service
shall continue in force and be subject to *this act until the
contract be terminated or a library be established by the
governmental unit for which the service was engaged. The
provisions of *this act shall be construed as superseding the
provisions of any municipal charter in conflict herewith.
[1935 c 119 § 19; RRS § 8226-19.]
*Reviser’s note: For "this act," see note following RCW 27.12.270.
27.12.320 Dissolution—Disposition of property. A
library established or maintained under this chapter (except
a regional or a rural county library district library, an
intercounty rural library district library, or an island library
district library) may be abolished only in pursuance of a vote
[Title 27 RCW—page 9]
27.12.320
Title 27 RCW: Libraries, Museums, and Historical Activities
of the electors of the governmental unit in which the library
is located, taken in the manner prescribed in RCW 27.12.030
for a vote upon the establishment of a library. If a library
of a city or town be abolished, the books and other printed
or written matter belonging to it shall go to the library of the
county whereof the municipality is a part, if there be a
county library, but if not, then to the state library. If a
library of a county or region be abolished, the books and
other printed matter belonging to it shall go to the state
library. All other library property shall be disposed of as the
legislative body of the governmental unit shall direct.
After a rural county library district, an island library district, or an intercounty rural library district has been in
operation for three or more years, it may be dissolved
pursuant to a majority vote of all of the qualified electors
residing outside of incorporated cities and towns voting upon
a proposition for its dissolution, at a general election, which
proposition may be placed upon the ballot at any such election whenever a petition by ten percent or more qualified
voters residing outside of incorporated cities or towns within
a rural county library district, an island library district, or an
intercounty rural library district requesting such dissolution
shall be filed with the board of trustees of such district not
less than ninety days prior to the holding of any such
election. An island library district may also be dissolved
pursuant to RCW 27.12.450.
If a rural county library district is dissolved, the books
and other printed matter belonging to it shall go to the state
library. All other library property shall be disposed of as the
legislative body of the governmental unit shall direct. When
an intercounty rural library district is dissolved, the books,
funds and other property thereof shall be divided among the
participating counties in the most equitable manner possible
as determined by the state librarian, who shall give consideration to such items as the original source of property, the
amount of funds raised from each county by the district, and
the ability of the counties to make further use of such
property or equipment for library purposes. Printed material
which the state librarian finds will not be used by any of the
participating counties for further library purposes shall be
turned over to the state library.
When an island library district is dissolved pursuant to
this section, the books and other printed matter belonging to
it shall go to the state library. All other library property
shall be disposed of as the legislative body of the governmental unit shall direct. When an island library district is
dissolved due to the establishment of a county library
district, pursuant to RCW 27.12.450, all property, assets, and
liabilities of the preexisting island library district within the
area included in the county rural library district shall pass to
and be assumed by the county rural library district: PROVIDED, That where within any county rural library district
heretofore or hereafter organized under the provisions of this
chapter a preexisting island library district has incurred a
bonded indebtedness which was outstanding at the time of
the formation of the county rural library district, the preexisting island library district shall retain its corporate existence insofar as is necessary for the purpose until the bonded
indebtedness outstanding against it on and after the effective
date of the formation has been paid in full: PROVIDED
FURTHER, That a special election may be called by the
board of trustees of the county rural library district, to be
[Title 27 RCW—page 10]
held at the next general or special election held in the
respective counties, for the purpose of affording the voters
residing within the area outside of the preexisting island
library district an opportunity to assume the obligation of the
bonded indebtedness of the preexisting island library district
or the question may be submitted to the voters as a separate
proposition at the election on the proposal for the formation
of the county rural library district. [1982 c 123 § 12; 1965
c 122 § 5; 1947 c 75 § 13; 1935 c 119 § 20; Rem. Supp.
1947 § 8226-20. Prior: 1909 c 116 § 19; 1901 c 166 § 19.]
27.12.321 School district public libraries abolished—Disposition of assets. School district public libraries
organized under chapter 119, Laws of 1935, as amended
prior to *this 1965 amendatory act, are hereby abolished as
of January 1, 1966.
All assets belonging to any school district public library
abolished by this section shall go to the rural county library
district of the county in which the school district public
library is located. [1965 c 122 § 6.]
*Reviser’s note: "This 1965 amendatory act" [1965 ex.s. c 122]
consists of the enactment of RCW 27.12.321, amendments to RCW
27.12.010, 27.12.030, 27.12.190, 27.12.240, and 27.12.320, and the repeal
of RCW 27.12.230.
27.12.330 Penalty for injury to property. Whoever
intentionally injures, defaces, or destroys any property
belonging to or deposited in any public library, reading
room, or other educational institution, shall be guilty of a
misdemeanor. [1935 c 119 § 16; RRS § 8226-16. Prior:
1909 c 116 § 11; 1901 c 166 § 11.]
27.12.340 Wilfully retaining books—Infraction. It
is a class 4 civil infraction for any person to wilfully retain
any book, newspaper, magazine, pamphlet, manuscript, or
other property belonging in or to any public library, reading
room, or other educational institution, for thirty days after
notice in writing to return the same, given after the expiration of the time that by the rules of such institution such
article or other property may be kept. [1987 c 456 § 29;
1935 c 119 § 17; RRS § 8226-17. Prior: 1909 c 116 § 12;
1901 c 166 § 12.]
Legislative finding—1987 c 456: See RCW 7.80.005.
Effective date—1987 c 456 §§ 9-31: See RCW 7.80.901.
27.12.350 Executory conditional sales contracts for
purchase of property—Limit on indebtedness—Election,
when. See RCW 39.30.010.
27.12.355 Rural county library district, island
library district, or intercounty rural library district—
Withdrawal or reannexation of areas. (1) As provided in
this section, a rural county library district, island library
district, or intercounty rural library district may withdraw
areas from its boundaries, or reannex areas into the library
district that previously had been withdrawn from the library
district under this section.
(2) The withdrawal of an area shall be authorized upon:
(a) Adoption of a resolution by the board of trustees requesting the withdrawal and finding that, in the opinion of the
board, inclusion of this area within the library district will
(2002 Ed.)
Public Libraries
result in a reduction of the district’s tax levy rate under the
provisions of RCW 84.52.010; and (b) adoption of a resolution by the city or town council approving the withdrawal,
if the area is located within the city or town, or adoption of
a resolution by the county legislative authority of the county
within which the area is located approving the withdrawal,
if the area is located outside of a city or town. A withdrawal shall be effective at the end of the day on the thirty-first
day of December in the year in which the resolutions are
adopted, but for purposes of establishing boundaries for
property tax purposes, the boundaries shall be established
immediately upon the adoption of the second resolution.
The authority of an area to be withdrawn from a library
district as provided under this section is in addition, and not
subject, to the provisions of RCW 27.12.380.
The withdrawal of an area from the boundaries of a
library district shall not exempt any property therein from
taxation for the purpose of paying the costs of redeeming
any indebtedness of the library district existing at the time of
the withdrawal.
(3) An area that has been withdrawn from the boundaries of a library district under this section may be reannexed
into the library district upon: (a) Adoption of a resolution
by the board of trustees proposing the reannexation; and (b)
adoption of a resolution by the city or town council approving the reannexation, if the area is located within the city or
town, or adoption of a resolution by the county legislative
authority of the county within which the area is located
approving the reannexation, if the area is located outside of
a city or town. The reannexation shall be effective at the
end of the day on the thirty-first day of December in the
year in which the adoption of the second resolution occurs,
but for purposes of establishing boundaries for property tax
purposes, the boundaries shall be established immediately
upon the adoption of the second resolution. Referendum
action on the proposed reannexation may be taken by the
voters of the area proposed to be reannexed if a petition
calling for a referendum is filed with the city or town
council, or county legislative authority, within a thirty-day
period after the adoption of the second resolution, which
petition has been signed by registered voters of the area
proposed to be reannexed equal in number to ten percent of
the total number of the registered voters residing in that area.
If a valid petition signed by the requisite number of
registered voters has been so filed, the effect of the resolutions shall be held in abeyance and a ballot proposition to
authorize the reannexation shall be submitted to the voters of
the area at the next special election date specified in *RCW
29.13.020 that occurs forty-five or more days after the petitions have been validated. Approval of the ballot proposition
authorizing the reannexation by a simple majority vote shall
authorize the reannexation. [1987 c 138 § 1.]
*Reviser’s note: As enacted by 1987 c 138 § 1, this section
contained an apparently erroneous reference to RCW 29.13.030, a section
repealed in 1965. Pursuant to RCW 1.08.015, this reference has been
changed to RCW 29.13.020, a later enactment of the section repealed.
27.12.360 Annexation of city or town into rural
county library district, island library district, or intercounty rural library district—Initiation procedure. Any
city or town with a population of one hundred thousand or
less at the time of annexation may become a part of any
(2002 Ed.)
27.12.355
rural county library district, island library district, or intercounty rural library district lying contiguous thereto by
annexation in the following manner: The inclusion of such
a city or town may be initiated by the adoption of an
ordinance by the legislative authority thereof stating its intent
to join the library district and finding that the public interest
will be served thereby. Before adoption, the ordinance shall
be submitted to the library board of the city or town for its
review and recommendations. If no library board exists in
the city or town, the state librarian shall be notified of the
proposed ordinance. If the board of trustees of the library
district concurs in the annexation, notification thereof shall
be transmitted to the legislative authority or authorities of the
counties in which the city or town is situated. [1982 c 123
§ 13; 1981 c 26 § 3; 1977 ex.s. c 353 § 1.]
27.12.370 Annexation of city or town into library
district—Special election procedure. The county legislative authority or authorities shall by resolution call a special
election to be held in such city or town at the next date
provided in RCW 29.13.010 but not less than forty-five days
from the date of the declaration of such finding, and shall
cause notice of such election to be given as provided for in
RCW 29.27.080.
The election on the annexation of the city or town into
the library district shall be conducted by the auditor of the
county or counties in which the city or town is located in
accordance with the general election laws of the state and
the results thereof shall be canvassed by the canvassing
board of the county or counties. No person shall be entitled
to vote at such election unless he or she is registered to vote
in said city or town for at least thirty days preceding the date
of the election. The ballot proposition shall be in substantially the following form:
"Shall the city or town of . . . . . . be annexed to and be
a part of . . . . . . library district?
YES
...........................
NO . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
If a majority of the persons voting on the proposition
shall vote in favor thereof, the city or town shall thereupon
be annexed and shall be a part of such library district. [1982
c 123 § 14; 1977 ex.s. c 353 § 2.]
27.12.380 Annexation of city or town into library
district—Withdrawal of annexed city or town. The
legislative body of such a city or town which has annexed to
such a library district, may, by resolution, present to the
voters of such city or town a proposition to withdraw from
said library district at any general election held at least three
years following the annexation to the library district. [1982
c 123 § 15; 1977 ex.s. c 353 § 3.]
27.12.390 Annexation of city or town into library
district—Tax levies. The annual tax levy authorized by
RCW 27.12.050, 27.12.150, and 27.12.420 shall be imposed
throughout the library district, including any city or town
annexed thereto. Any city or town annexed to a rural library
district, island library district, or intercounty rural library
district shall be entitled to levy up to three dollars and sixty
cents per thousand dollars of assessed valuation less any
[Title 27 RCW—page 11]
27.12.390
Title 27 RCW: Libraries, Museums, and Historical Activities
regular levy made by such library district in the incorporated
area, notwithstanding any other provision of law: PROVIDED, That the limitations upon regular property taxes imposed
by chapter 84.55 RCW shall apply. [1982 c 123 § 16; 1977
ex.s. c 353 § 4.]
27.12.395 Annexation of city or town into library
district—Assumption of liabilities. (1) All liabilities of a
city or town that is annexed to a rural county library district
or intercounty rural library district, which liabilities were
incurred for the purpose of or in the course of acquiring,
operating, or maintaining a library or libraries, may, if
provided for in the ordinance providing for annexation and
in the resolution of the district consenting to annexation, pass
to and be assumed by the rural county library district or
intercounty rural library district. Notwithstanding the
foregoing, if the city or town has incurred any voted bonded
indebtedness for the purpose of acquiring, operating, or
maintaining a library or libraries, and if the indebtedness is
outstanding at the time of the annexation, the voted bonded
indebtedness shall not be assumed by the annexing district.
(2) Notwithstanding subsection (1) of this section, if the
annexed city or town has outstanding at the time of the
annexation any voted bonded indebtedness incurred for the
purpose of acquiring, operating, or maintaining a library or
libraries, a special election may be called by the board of
trustees of the rural county library district or intercounty
rural library district, to be held at the next general or special
election held in the applicable county or counties, for the
purpose of affording the voters residing within the area of
the district outside the annexed city or town an opportunity
to assume the voted bonded indebtedness of the annexed city
or town upon the assent of three-fifths of the voters. [1985
c 392 § 1.]
27.12.400 Island library districts—Establishment—
Procedure. The procedure for the establishment of an
island library district shall be as follows:
(1) Petitions signed by at least ten percent of the
registered voters of the island, outside of the area of incorporated cities and towns, asking that the question, "Shall an
island library district be established?" be submitted to a vote
of the people of the island, shall be filed with the board of
county commissioners.
(2) The board of county commissioners, after having
determined that the petitions were signed by the requisite
number of qualified petitioners, shall place the proposition
for the establishment of an island library district on the
ballot for the vote of the people of the island, outside
incorporated cities and towns, at the next succeeding general
or special election.
(3) If a majority of those voting on the proposition vote
in favor of the establishment of the island library district, the
board of county commissioners shall forthwith declare it
established. [1982 c 123 § 2.]
27.12.410 Island library districts—Restrictions on
establishment. An island library district may not be
established if there is in existence a library district serving
all of the area of the county not included within the area of
incorporated cities and towns. [1982 c 123 § 3.]
[Title 27 RCW—page 12]
27.12.420 Island library districts—Board of trustees—Tax levies. Immediately following the establishment
of an island library district, the board of county commissioners shall appoint a board of library trustees for the district in
accordance with RCW 27.12.190. The board of trustees
shall appoint a librarian for the district.
Funds for the establishment and maintenance of the
library service of the district shall be provided by the board
of county commissioners by means of an annual tax levy on
the property in the district of not more than fifty cents per
thousand dollars of assessed value per year. The tax levy
shall be based on a budget to be compiled by the board of
trustees of the island library district who shall determine the
tax rate necessary and certify their determination to the
board of county commissioners.
Excess levies authorized pursuant to RCW 27.12.222,
84.52.052, or 84.52.056 shall be at a rate determined by the
board of trustees of the island library district and certified to
the board of county commissioners. [1982 c 123 § 4.]
27.12.430 Island library districts—Name may be
adopted. The board of trustees of an island library district
may adopt a name by which the district shall be known and
under which it shall transact all of its business. [1982 c 123
§ 6.]
27.12.440 Island library districts—Powers and
limitations for indebtedness. Except as otherwise specifically provided, island library districts and the trustees thereof
shall have the same powers and limitations as are prescribed
by RCW 27.12.060 through 27.12.070 for rural county
library districts and shall follow the same procedures and be
subject to the same limitations as are provided therein with
respect to the contracting of indebtedness. [1982 c 123 § 5.]
27.12.450 Island library districts—Dissolution,
when. If after an island library district serving a single
island has been established, a rural county library district
serving all of the area of the county not included within the
area of incorporated cities and towns is established as
provided in RCW 27.12.040, the district serving the single
island in the county shall be dissolved. [1982 c 123 § 7.]
Dissolution of library districts: RCW 27.12.320.
27.12.470 Rural partial-county library districts. A
rural partial-county library district may be created in a
portion of the unincorporated area of a county as provided
in this section if a rural county library district, intercounty
rural library district, or island library district has not been
created in the county.
The procedure to create a rural partial-county library
district is initiated by the filing of petitions with the county
auditor proposing the creation of the district that have been
signed by at least ten percent of the registered voters
residing in the area proposed to be included in the rural
partial-county library district. The county auditor shall
review the petitions and certify the sufficiency or insufficiency of the signatures to the county legislative authority.
If the petitions are certified as having sufficient valid
signatures, the county legislative authority shall hold a public
hearing on the proposed rural partial-county library district,
(2002 Ed.)
Public Libraries
may adjust the boundaries of the proposed district, and may
cause a ballot proposition to be submitted to the voters of
the proposed rural partial-county library district authorizing
its creation if the county legislative authority finds that the
creation of the rural partial-county library district is in the
public interest. A subsequent public hearing shall be held if
additional territory is added to the proposed rural partialcounty library district by action of the county legislative
authority.
The rural partial-county library district shall be created
if the ballot proposition authorizing the creation of the
district is approved by a simple majority vote of the voters
voting on the proposition. Immediately after creation of the
rural partial-county library district the county legislative
authority shall appoint a board of library trustees for the
district as provided under RCW 27.12.190.
Except as provided in this section, a rural partial-county
library district is subject to all the provisions of law applicable to a rural county library district and shall have all the
powers, duties, and authorities of a rural county library
district, including, but not limited to, the authority to impose
property taxes, incur debt, and annex a city or town with a
population of less than one hundred thousand at the time of
the annexation that is located in the same county as the rural
partial-county library district.
Adjacent unincorporated territory in the county may be
annexed to a rural partial-county library district in the same
manner as territory is annexed to a water-sewer district,
except that an annexation is not subject to potential review
by a boundary review board.
If, at the time of creation, a rural partial-county library
district has an assessed valuation of less than fifty million
dollars, it may provide library services only by contracting
for the services through an interlocal agreement with an
adjacent library district, or an adjacent city or town that
maintains its own library. If the assessed valuation of the
rural partial-county library district subsequently reaches fifty
million dollars as a result of annexation or appreciation, the
fifty million dollar limitation shall not apply.
If a ballot proposition is approved creating a rural
county library district in the county, every rural partialcounty library district in that county shall be dissolved and
its assets and liabilities transferred to the rural county library
district. Where a rural partial-county library district has
annexed a city or town, the voters of the city or town shall
be allowed to vote on the proposed creation of a rural county
library district and, if created, the rural county library district
shall include each city and town that was annexed to the
rural partial-county library district.
Nothing in this section authorizes the consolidation of
a rural partial-county library district with any rural county
library district; island library district; city, county, or
regional library; intercounty library district; or other rural
partial-county library district, unless, in addition to any other
requirements imposed by statute, the boards of all library
districts involved approve the consolidation. [1999 c 153 §
25; 1994 c 198 § 2; 1993 c 284 § 1.]
Part headings not law—1999 c 153: See note following RCW 57.
04.050.
(2002 Ed.)
27.12.470
Chapter 27.15
LIBRARY CAPITAL FACILITY AREAS
Sections
27.15.005
27.15.010
27.15.020
27.15.030
27.15.040
27.15.050
27.15.060
Findings.
Definitions.
Request to establish library capital facility area—Ballot
propositions.
Governing body.
Authority to construct, acquire, maintain, and remodel facilities—Interlocal agreements—Legal title.
Financing—Bonds authorized.
Dissolution of library capital facility area.
27.15.005 Findings. The legislature finds that it is in
the interests of the people of the state of Washington to be
able to establish library capital facility areas as quasimunicipal corporations and independent taxing units existing
within the boundaries of existing rural county library districts, rural intercounty library districts, rural partial-county
library districts, or island library districts, for the purpose of
financing the construction of capital library facilities. [1995
c 368 § 1.]
27.15.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Library district" means rural county library district,
rural intercounty library district, rural partial-county library
district, or island library district.
(2) "Library capital facility area" means a quasi-municipal corporation and independent taxing authority within the
meaning of Article VII, section 1 of the state Constitution,
and a taxing district within the meaning of Article VII,
section 2 of the state Constitution, created by a county
legislative authority of one or several counties. A library
capital facility area may include all or a portion of a city or
town.
(3) "Library capital facilities" includes both real and
personal property including, but not limited to, land, buildings, site improvements, equipment, furnishings, collections,
and all necessary costs related to acquisition, financing,
design, construction, equipping, and remodeling. [1995 c
368 § 2.]
27.15.020 Request to establish library capital
facility area—Ballot propositions. Upon receipt of a
completed written request to both establish a library capital
facility area and submit a ballot proposition under RCW
27.15.050 to finance library capital facilities, that is signed
by a majority of the members of the board of trustees of a
library district or board of trustees of a city or town library,
the county legislative authority or county legislative authorities for the county or counties in which a proposed library
capital facility area is to be established shall submit separate
ballot propositions to voters to authorize establishing the
proposed library capital facility area and authorizing the library capital facility area, if established, to finance library
capital facilities by issuing general indebtedness and imposing excess levies to retire the indebtedness. The ballot
propositions shall be submitted to voters at a general or
special election. If the proposed election date is not a
[Title 27 RCW—page 13]
27.15.020
Title 27 RCW: Libraries, Museums, and Historical Activities
general election, the county legislative authority is encouraged to request an election when another unit of local
government with territory located in the proposed library
capital facility area is already holding a special election
under RCW 29.13.020. Approval of the ballot proposition
to create a library capital facility area shall be by a simple
majority vote.
A completed request submitted under this section shall
include: (1) A description of the boundaries of the library
capital facility area; and (2) a copy of the resolution of the
legislative authority of each city or town, and board of
trustees of each library district, with territory included within
the proposed library capital facility area indicating both: (a)
Its approval of the creation of the proposed library capital
facility area; and (b) agreement on how election costs will be
paid for submitting ballot propositions to voters that authorize the library capital facility area to incur general indebtedness and impose excess levies to retire the general indebtedness. [1996 c 258 § 1; 1995 c 368 § 3.]
27.15.030 Governing body. The governing body of
the library capital facility area shall be three members of the
county legislative authority from each county in which the
library capital facility area is located. In counties that have
more than three members of their legislative body, the three
members who shall serve on the governing body of the
library capital facility area shall be chosen by the full
membership of the county legislative authority. Where the
library capital facility area is located in more than one
county, a county may be represented by less than three
members by mutual agreement of the legislative authorities
of the participating counties. [1995 c 368 § 4.]
27.15.040 Authority to construct, acquire, maintain,
and remodel facilities—Interlocal agreements—Legal
title. A library capital facilities [facility] area may construct,
acquire, maintain, and remodel library capital facilities and
the governing body of the library capital facility area may,
by interlocal agreement or otherwise, contract with a county,
city, town, or library district to design, administer the
construction of, operate, or maintain a library capital facility
financed pursuant to this chapter. Legal title to library
capital facilities acquired or constructed pursuant to this
chapter may be transferred, acquired, or held by the library
capital facility area or by a county, city, town, or library
district in which the facility is located. [1995 c 368 § 5.]
27.15.050 Financing—Bonds authorized. (1) A
library capital facility area may contract indebtedness or
borrow money to finance library capital facilities and may
issue general obligation bonds for such purpose not exceeding an amount, together with any existing indebtedness of
the library capital facility area, equal to one and one-quarter
percent of the value of the taxable property in the district
and impose excess property tax levies to retire the general
indebtedness as provided in RCW 39.36.050 if a ballot
proposition authorizing both the indebtedness and excess
levies is approved by at least three-fifths of the voters of the
library capital facility area voting on the proposition, and the
total number of voters voting on the proposition constitutes
not less than forty percent of the total number of voters in
[Title 27 RCW—page 14]
the library capital facility area voting at the last preceding
general election. The term "value of the taxable property"
has the meaning set forth in RCW 39.36.015. Such a
proposition shall be submitted to voters at a general or
special election and may be submitted to voters at the same
election as the election when the ballot proposition authorizing the establishing of the library capital facility area is
submitted. If the proposed election date is not a general
election, the county legislative authority is encouraged to
request an election when another unit of local government
with territory located in the proposed library capital facility
area is already holding a special election under RCW
29.13.020.
(2) A library capital facility area may accept gifts or
grants of money or property of any kind for the same
purposes for which it is authorized to borrow money in subsection (1) of this section. [1996 c 258 § 2; 1995 c 368 §
6.]
27.15.060 Dissolution of library capital facility area.
(1) A library capital facility area may be dissolved by a
majority vote of the governing body when all obligations
under any general obligation bonds issued by the library
capital facility area have been discharged and any other
contractual obligations of the library capital facility area
have either been discharged or assumed by another governmental entity.
(2) A library capital facility area shall be dissolved by
the governing body if the first two ballot propositions under
RCW 27.15.050 that are submitted to voters are not approved. [1995 c 368 § 7.]
Chapter 27.18
INTERSTATE LIBRARY COMPACT
Sections
27.18.010
27.18.020
27.18.030
27.18.040
27.18.050
Definitions.
Compact enacted—Provisions.
Compact administrator—Deputies—Library agreements,
submittal.
Compliance with tax and bonding laws enjoined.
Withdrawal—Compact administrator to send and receive
notices.
27.18.010 Definitions. As used in this chapter, except
where the context otherwise requires:
(1) "Compact" means the interstate library compact.
(2) "Public library agency", with reference to this state,
means the state library and any county or city library or any
regional library, rural county library district library, island
library district library, or intercounty rural library district
library.
(3) "State library agency", with reference to this state,
means the commissioners of the state library. [1982 c 123
§ 17; 1965 ex.s. c 93 § 1.]
27.18.020 Compact enacted—Provisions. The
interstate library compact hereby is enacted into law and
entered into by this state with all states legally joining
therein in the form substantially as follows:
(2002 Ed.)
Interstate Library Compact
INTERSTATE LIBRARY COMPACT
ARTICLE I. POLICY AND PURPOSE
Because the desire for the services provided by libraries
transcends governmental boundaries and can most effectively
be satisfied by giving such services to communities and
people regardless of jurisdictional lines, it is the policy of the
states party to this compact to cooperate and share their
responsibilities; to authorize cooperation and sharing with
respect to those types of library facilities and services which
can be more economically or efficiently developed and
maintained on a cooperative basis; and to authorize cooperation and sharing among localities, states and others in
providing joint or cooperative library services in areas where
the distribution of population or of existing and potential
library resources make the provision of library service on an
interstate basis the most effective way of providing adequate
and efficient service.
ARTICLE II. DEFINITIONS
As used in this compact:
(a) "Public library agency" means any unit or agency of
local or state government operating or having power to
operate a library.
(b) "Private library agency" means any nongovernmental
entity which operates or assumes a legal obligation to
operate a library.
(c) "Library agreement" means a contract establishing an
interstate library district pursuant to this compact or providing for the joint or cooperative furnishing of library services.
ARTICLE III. INTERSTATE LIBRARY DISTRICTS
(a) Any one or more public library agencies in a party
state in cooperation with any public library agency or
agencies in one or more other party states may establish and
maintain an interstate library district. Subject to the provisions of this compact and any other laws of the party states
which pursuant hereto remain applicable, such district may
establish, maintain and operate some or all of the library
facilities and services for the area concerned in accordance
with the terms of a library agreement therefor. Any private
library agency or agencies within an interstate library district
may cooperate therewith, assume duties, responsibilities and
obligations thereto, and receive benefits therefrom as
provided in any library agreement to which such agency or
agencies become party.
(b) Within an interstate library district, and as provided
by a library agreement, the performance of library functions
may be undertaken on a joint or cooperative basis or may be
undertaken by means of one or more arrangements between
or among public or private library agencies for the extension
of library privileges to the use of facilities or services
operated or rendered by one or more of the individual library
agencies.
(c) If a library agreement provides for joint establishment, maintenance or operation of library facilities or
services by an interstate library district, such district shall
have power to do any one or more of the following in
accordance with such library agreement:
1. Undertake, administer and participate in programs or
arrangements for securing, lending or servicing books and
other publications, any other materials suitable to be kept or
(2002 Ed.)
27.18.020
made available by libraries, library equipment or for the
dissemination of information about libraries, the value and
significance of particular items therein, and the use thereof.
2. Accept for any of its purposes under this compact any
and all donations, and grants of money, equipment, supplies,
materials, and services, (conditional or otherwise), from any
state or the United States or any subdivision or agency
thereof, or interstate agency, or from any institution, person,
firm or corporation, and receive, utilize and dispose of the
same.
3. Operate mobile library units or equipment for the
purpose of rendering bookmobile service within the district.
4. Employ professional, technical, clerical and other
personnel, and fix terms of employment, compensation and
other appropriate benefits; and where desirable, provide for
the inservice training of such personnel.
5. Sue and be sued in any court of competent jurisdiction.
6. Acquire, hold, and dispose of any real or personal
property or any interest or interests therein as may be
appropriate to the rendering of library service.
7. Construct, maintain and operate a library, including
any appropriate branches thereof.
8. Do such other things as may be incidental to or
appropriate for the carrying out of any of the foregoing
powers.
ARTICLE IV. INTERSTATE LIBRARY DISTRICTS,
GOVERNING BOARD
(a) An interstate library district which establishes, maintains or operates any facilities or services in its own right
shall have a governing board which shall direct the affairs of
the district and act for it in all matters relating to its business. Each participating public library agency in the district
shall be represented on the governing board which shall be
organized and conduct its business in accordance with
provision therefor in the library agreement. But in no event
shall a governing board meet less often than twice a year.
(b) Any private library agency or agencies party to a
library agreement establishing an interstate library district
may be represented on or advise with the governing board of
the district in such manner as the library agreement may
provide.
ARTICLE V. STATE LIBRARY AGENCY COOPERATION
Any two or more state library agencies of two or more
of the party states may undertake and conduct joint or
cooperative library programs, render joint or cooperative
library services, and enter into and perform arrangements for
the cooperative or joint acquisition, use, housing and disposition of items or collections of materials which, by reason of
expense, rarity, specialized nature, or infrequency of demand
therefor would be appropriate for central collection and
shared use. Any such programs, services or arrangements
may include provision for the exercise on a cooperative or
joint basis of any power exercisable by an interstate library
district and an agreement embodying any such program,
service or arrangement shall contain provisions covering the
subjects detailed in Article VI of this compact for interstate
library agreements.
[Title 27 RCW—page 15]
27.18.020
Title 27 RCW: Libraries, Museums, and Historical Activities
ARTICLE VI. LIBRARY AGREEMENTS
(a) In order to provide for any joint or cooperative
undertaking pursuant to this compact, public and private
library agencies may enter into library agreements. Any
agreement executed pursuant to the provisions of this
compact shall, as among the parties to the agreement:
1. Detail the specific nature of the services, programs,
facilities, arrangements or properties to which it is applicable.
2. Provide for the allocation of costs and other financial
responsibilities.
3. Specify the respective rights, duties, obligations and
liabilities of the parties.
4. Set forth the terms and conditions for duration,
renewal, termination, abrogation, disposal of joint or common property, if any, and all other matters which may be
appropriate to the proper effectuation and performance of the
agreement.
(b) No public or private library agency shall undertake
to exercise itself, or jointly with any other library agency, by
means of a library agreement any power prohibited to such
agency by the constitution or statutes of its state.
(c) No library agreement shall become effective until
filed with the compact administrator of each state involved,
and approved in accordance with Article VII of this compact.
ARTICLE VII. APPROVAL OF LIBRARY AGREEMENTS
(a) Every library agreement made pursuant to this
compact shall, prior to and as a condition precedent to its
entry into force, be submitted to the attorney general of each
state in which a public library agency party thereto is
situated, who shall determine whether the agreement is in
proper form and compatible with the laws of his state. The
attorneys general shall approve any agreement submitted to
them unless they shall find that it does not meet the conditions set forth herein and shall detail in writing addressed to
the governing bodies of the public library agencies concerned the specific respects in which the proposed agreement
fails to meet the requirements of law. Failure to disapprove
an agreement submitted hereunder within ninety days of its
submission shall constitute approval thereof.
(b) In the event that a library agreement made pursuant
to this compact shall deal in whole or in part with the
provision of services or facilities with regard to which an
officer or agency of the state government has constitutional
or statutory powers of control, the agreement shall, as a
condition precedent to its entry into force, be submitted to
the state officer or agency having such power of control and
shall be approved or disapproved by him or it as to all
matters within his or its jurisdiction in the same manner and
subject to the same requirements governing the action of the
attorneys general pursuant to paragraph (a) of this article.
This requirement of submission and approval shall be in
addition to and not in substitution for the requirement of
submission to and approval by the attorneys general.
ARTICLE VIII. OTHER LAWS APPLICABLE
Nothing in this compact or in any library agreement
shall be construed to supersede, alter or otherwise impair any
obligation imposed on any library by otherwise applicable
[Title 27 RCW—page 16]
law, nor to authorize the transfer or disposition of any
property held in trust by a library agency in a manner
contrary to the terms of such trust.
ARTICLE IX. APPROPRIATIONS AND AID
(a) Any public library agency party to a library agreement may appropriate funds to the interstate library district
established thereby in the same manner and to the same
extent as to a library wholly maintained by it and, subject to
the laws of the state in which such public library agency is
situated, may pledge its credit in support of an interstate
library district established by the agreement.
(b) Subject to the provisions of the library agreement
pursuant to which it functions and the laws of the states in
which such district is situated, an interstate library district
may claim and receive any state and federal aid which may
be available to library agencies.
ARTICLE X. COMPACT ADMINISTRATOR
Each state shall designate a compact administrator with
whom copies of all library agreements to which his state or
any public library agency thereof is party shall be filed. The
administrator shall have such other powers as may be
conferred upon him by the laws of his state and may consult
and cooperate with the compact administrators of other party
states and take such steps as may effectuate the purposes of
this compact. If the laws of a party state so provide, such
state may designate one or more deputy compact administrators in addition to its compact administrator.
ARTICLE XI. ENTRY INTO FORCE
AND WITHDRAWAL
(a) This compact shall enter into force and effect
immediately upon its enactment into law by any two states.
Thereafter, it shall enter into force and effect as to any other
state upon the enactment thereof by such state.
(b) This compact shall continue in force with respect to
a party state and remain binding upon such state until six
months after such state has given notice to each other party
state of the repeal thereof. Such withdrawal shall not be
construed to relieve any party to a library agreement entered
into pursuant to this compact from any obligation of that
agreement prior to the end of its duration as provided
therein.
ARTICLE XII. CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, person or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person or circumstance shall not
be affected thereby. If this compact shall be held contrary
to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as
to all severable matters. [1965 ex.s. c 93 § 2.]
(2002 Ed.)
Interstate Library Compact
27.18.030 Compact administrator—Deputies—
Library agreements, submittal. The state librarian shall be
the compact administrator pursuant to Article X of the compact. The state librarian shall appoint one or more deputy
compact administrators. Every library agreement made
pursuant to Article VI of the compact shall, as a condition
precedent to its entry into force, be submitted to the state
librarian for his recommendations. [1965 ex.s. c 93 § 3.]
27.18.040 Compliance with tax and bonding laws
enjoined. No regional library, county library, rural county
library district library, island library district library, intercounty rural library district library, or city library of this
state shall be a party to a library agreement which provides
for the construction or maintenance of a library pursuant to
Article III, subdivision (c-7) of the compact, nor levy a tax
or issue bonds to contribute to the construction or maintenance of such a library, except after compliance with any
laws applicable to regional libraries, county libraries, rural
county library district libraries, island library district libraries, intercounty rural library district libraries, or city libraries
relating to or governing the levying of taxes or the issuance
of bonds. [1982 c 123 § 18; 1965 ex.s. c 93 § 4.]
27.18.050 Withdrawal—Compact administrator to
send and receive notices. In the event of withdrawal from
the compact the compact administrator shall send and receive
any notices required by Article XI(b) of the compact. [1965
ex.s. c 93 § 5.]
Chapter 27.20
STATE LAW LIBRARY
Sections
27.20.030
27.20.040
27.20.050
Library part of judicial branch.
State law librarian and assistants—Appointment, tenure,
compensation.
Duties of law librarian.
27.20.030 Library part of judicial branch. The state
law library shall be a part of the judicial branch of state
government and shall be under the exclusive jurisdiction and
control of the supreme court. [1959 c 188 § 1.]
Committee abolished: "The state law library committee is hereby
abolished." [1959 c 188 § 5.] Provisions relating to the state law library
committee were formerly codified in chapter 43.36 RCW but were repealed
by 1959 c 188 § 6.
27.20.040 State law librarian and assistants—
Appointment, tenure, compensation. The supreme court
shall appoint a state law librarian, who may be removed at
its pleasure. The librarian shall receive such compensation
only as shall be fixed by the court.
The court may also appoint and fix the salaries of such
assistants and clerical personnel as may be required. [1959
c 188 § 2.]
Rules of court: SAR 18.
27.20.050 Duties of law librarian. The duties of the
state law librarian shall be as prescribed by statute and by
rules of court. [1959 c 188 § 3.]
(2002 Ed.)
27.18.030
Duties of state law librarian relative to session laws, legislative journals
and supreme court reports: Chapter 40.04 RCW.
Chapter 27.24
COUNTY LAW LIBRARIES
Sections
27.24.010
27.24.020
27.24.030
27.24.040
27.24.062
27.24.066
27.24.067
27.24.068
27.24.070
27.24.090
27.24.900
Establishment.
Board of trustees—Composition—Terms.
Powers of board.
Annual report.
Establishment of regional law libraries.
Library rooms and service.
Free use of library.
Establishment of county law library—Trustee—Free use of
library.
Portion of filing fees for county or regional law library.
Discontinuance of fees.
Effective date—1992 c 62.
27.24.010 Establishment. Each county with a
population of eight thousand or more shall have a county
law library, which shall be governed and maintained as hereinafter provided. [1992 c 62 § 1; 1919 c 84 § 1; RRS §
8247.]
27.24.020 Board of trustees—Composition—Terms.
(1) Every county with a population of three hundred thousand or more must have a board of law library trustees consisting of five members to be constituted as follows: The
chairman of the county legislative authority is an ex officio
trustee, the judges of the superior court of the county shall
choose two of their number to be trustees, and the members
of the county bar association shall choose two members of
the bar of the county to be trustees.
(2) Every county with a population of eight thousand or
more but less than three hundred thousand must have a
board of law library trustees consisting of five members to
be constituted as follows: The chairman of the county
legislative authority is an ex officio trustee, the judges of the
superior court of the county shall choose one of their number
to be a trustee, and the members of the county bar association shall choose three members of the county to be trustees.
If there is no county bar association, then the lawyers of the
county shall choose three of their number to be trustees.
(3) If a county has a population of less than eight
thousand, then the provisions contained in RCW 27.24.068
shall apply to the establishment and operation of the county
law library.
(4) If a regional law library is created pursuant to RCW
27.24.062, then it shall be governed by one board of trustees.
The board shall consist of the following representatives from
each county: The judges of the superior court of the county
shall choose one of their number to be a trustee, the county
legislative authority shall choose one of their number to be
a trustee, and the members of the county bar association
shall choose one member of the bar of the county to be a
trustee. If there is no county bar association, then the
lawyers of the county shall choose one of their number to be
a trustee.
(5) The term of office of a member of the board who is
a judge is for as long as he or she continues to be a judge,
and the term of a member who is from the bar is four years.
[Title 27 RCW—page 17]
27.24.020
Title 27 RCW: Libraries, Museums, and Historical Activities
Vacancies shall be filled as they occur and in the manner
directed in this section. The office of trustee shall be
without salary or other compensation. The board shall elect
one of their number president and the librarian shall act as
secretary, except that in counties with a population of eight
thousand or more but less than three hundred thousand, the
board shall elect one of their number to act as secretary if no
librarian is appointed. Meetings shall be held at least once
per year, and if more often, then at such times as may be
prescribed by rule. [1992 c 62 § 2; 1919 c 84 § 2; RRS §
8248.]
27.24.030 Powers of board. The board of law library
trustees shall have power:
(1) To make and enforce rules for their own procedure
and for the government, care and use of the library, and for
the guidance of employees.
(2) To remove any trustee, except an ex officio trustee,
for neglect to attend the meetings of the board.
(3) To employ a librarian and assistants and to prescribe
their duties, fix their compensation and remove them at will.
(4) To purchase books, periodicals and other property
suitable for the library and to accept gifts and bequests of
money and property for the library, and to sell property
which is unsuitable or not needed for the library.
(5) To examine and approve for payment claims and
demands payable out of the county law library fund. [1919
c 84 § 3; RRS § 8249.]
27.24.040 Annual report. The board of law library
trustees shall, on or before the first Monday in September of
each year, make a report to the county legislative authority
of their county giving the condition of their trust, with a full
statement of all property received and how used, the number
of books and other publications on hand, the number added
by purchase, gift or otherwise during the preceding year, the
number lost or missing, and such other information as may
be of public interest, together with a financial report showing
all receipts and disbursements of money. [1992 c 62 § 3;
1919 c 84 § 4; RRS § 8250.]
27.24.062 Establishment of regional law libraries.
Two or more counties each with a population of from eight
thousand to less than one hundred twenty-five thousand may,
by agreement of the respective law library boards of trustees,
create a regional law library and establish and maintain one
principal law library at such location as the regional board
of trustees may determine will best suit the needs of the
users: PROVIDED, HOWEVER, That there shall be at all
times a law library in such size as the board of trustees may
determine necessary to be located at the courthouse where
each superior court is located. [1992 c 62 § 4; 1991 c 363
§ 18; 1971 ex.s. c 141 § 1; 1943 c 195 § 1; 1933 c 167 § 1;
1925 ex.s. c 94 § 1; Rem. Supp. 1943 § 8254-1.]
Purpose—Captions not law—1991 c 363: See notes following R
CW 2.32.180.
27.24.066 Library rooms and service. The county
legislative authority of each county that is required to
maintain a county law library shall upon demand by the
board of law library trustees, provide a room suitable for the
[Title 27 RCW—page 18]
law library, with adequate heat, light, and janitor service.
[1992 c 62 § 5; 1933 c 167 § 3, part; RRS § 8254-7.]
27.24.067 Free use of library. The use of the county
law library shall be free to the judges of the state, to state
and county officials, and to members of the bar, and to such
others as the board of trustees may by rule provide. Residents of counties with a population of three hundred thousand or more shall have free use of the law library. [1992
c 62 § 6; 1933 c 167 § 3, part; RRS § 8254-8.]
27.24.068 Establishment of county law library—
Trustee—Free use of library. In each county with a
population of less than eight thousand, there may be a
county law library which shall be governed and maintained
by the prosecuting attorney who shall also serve as trustee of
such library without additional salary or other compensation.
The use of the county law library shall be free to the
judges of the state, to state and county officials, and to
members of the bar, and to such others as the prosecuting
attorney may by rule provide. [1991 c 363 § 19; 1975 c 37
§ 1.]
Purpose—Captions not law—1991 c 363: See notes following R
CW 2.32.180.
27.24.070 Portion of filing fees for county or
regional law library. In each county pursuant to this
chapter, the county treasurer shall deposit in the county or
regional law library fund a sum equal to twelve dollars for
every new probate or civil filing fee, including appeals,
collected by the clerk of the superior court and six dollars
for every fee collected for the commencement of a civil
action in district court for the support of the law library in
that county or the regional law library to which the county
belongs: PROVIDED, That upon a showing of need the
twelve dollar contribution may be increased up to fifteen
dollars upon the request of the law library board of trustees
and with the approval of the county legislative body or
bodies. [1992 c 54 § 6; 1985 c 389 § 2; 1984 c 258 § 310;
1979 c 126 § 1; 1971 ex.s. c 141 § 3; 1969 c 25 § 2; 1961
c 304 § 9; 1957 c 31 § 1; 1953 c 249 § 1. Prior: (i) 1937
c 32 § 1, part; 1919 c 84 § 8, part; RRS § 8254, part. (ii)
1933 c 167 § 2, part; 1925 ex.s. c 94 § 3, part; RRS § 82543, part. (iii) 1943 c 195 § 2; Rem. Supp. 1943 § 8254-9.]
Effective date—1992 c 54: See note following RCW 36.18.020.
Effective date—1985 c 389: "Sections 2 through 9 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1985." [1985 c 389 § 10.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
County clerk’s fees: RCW 36.18.020.
District courts, filing fees in civil cases: RCW 3.62.060.
27.24.090 Discontinuance of fees. The collection of
the fees directed in RCW 27.24.070 shall be discontinued
whenever the board of trustees of a county library or the
prosecuting attorney, as the case may be, files with the
county clerk and clerks of the district courts a written
resolution to the effect that the county library fund in its
(2002 Ed.)
County Law Libraries
county is sufficient for all present needs, which resolution
shall remain effective until it is later rescinded. Upon its
rescission, the county clerk and clerks of the district courts
shall resume the collection of such fees. [1987 c 202 § 188;
1975 c 37 § 2; 1953 c 249 § 3; 1933 c 167 § 2, part; 1925
ex.s. c 94 § 3, part; RRS § 8254-3, part.]
Intent—1987 c 202: See note following RCW 2.04.190.
27.24.900 Effective date—1992 c 62. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect April 1,
1992. [1992 c 62 § 10.]
Chapter 27.34
STATE HISTORICAL SOCIETIES—
HISTORIC PRESERVATION
Sections
27.34.010
27.34.020
27.34.060
27.34.070
27.34.075
27.34.080
Purpose.
Definitions.
State historical societies—Budget requests.
State historical societies—Powers and duties.
Educational publications printing.
State historical societies—Appointment of directors—
Removal.
27.34.200 Archaeology and historic preservation—Legislative declaration.
27.34.210 Office of archaeology and historic preservation—
Preservation officer—Qualifications.
27.34.220 Director—Powers.
27.34.230 Director—Duties.
27.34.240 Apportionment of grants.
27.34.250 Advisory council on historic preservation—Members.
27.34.260 Advisory council—Compensation and reimbursement of
members.
27.34.270 Advisory council—Duties.
27.34.280 Advisory council, heritage council—Financial and administrative services.
27.34.310 Inventory of state-owned properties—Definitions.
27.34.320 Inventory of state-owned properties—Procedure—Grants.
27.34.330 Heritage capital projects—Proposals for funding—Prioritized
list.
27.34.342 Lewis and Clark bicentennial advisory committee.
27.34.344 Lewis and Clark bicentennial advisory committee—Duties—
Role of Washington state historical society.
27.34.346 Lewis and Clark bicentennial account.
27.34.350 Governor’s award for excellence in teaching history.
27.34.900 State capital historical museum.
27.34.906 Pickett House—In trust—Reverter.
27.34.910 Effective date—1983 c 91.
27.34.915 Severability—1993 c 101.
27.34.916 Effective date—1993 c 101.
Archaeological sites and resources: Chapter 27.53 RCW.
Historic preservation—Authority of county, city, or town to acquire
property, borrow money, issue bonds, etc.: RCW 35.21.395,
36.32.435.
27.34.010 Purpose. The legislature finds that those
articles and properties which illustrate the history of the state
of Washington should be maintained and preserved for the
use and benefit of the people of the state. It is the purpose
of this chapter to designate the two state historical societies
as trustees of the state for these purposes, and to establish:
(1) A comprehensive and consistent statewide policy
pertaining to archaeology, history, historic preservation, and
other historical matters;
(2002 Ed.)
27.24.090
(2) Statewide coordination of historical programs; and
(3) A coordinated budget for all state historical agencies.
[1993 c 101 § 9; 1983 c 91 § 1.]
Findings—1993 c 101: "The legislature finds that:
(1) There is a strong community of interest between the Washington
state historical society and the state capital historical association. This
community of interest is expressed through many common goals, missions,
and heritage programs, as well as a close geographic proximity between
these two state historical agencies.
(2) The capacity to preserve our state’s rich and diverse heritage and
the unique political and cultural history of the state capital will be
strengthened if the programs of both agencies are combined into a single,
cohesive entity.
(3) In a time of limited state resources, operational efficiencies and
savings can be achieved if the programs and personnel of both agencies are
managed by a single entity.
It is, therefore, the purpose of this act to transfer the powers and
duties of the state historical agency known as the state capital historical
association to the Washington state historical society. However, it is the
intent of the legislature that as the consolidation of these two agencies
occurs, the unique missions and programs of the state capital historical
association and the state capital historical museum be preserved." [1993 c
101 § 1.]
27.34.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Advisory council" means the advisory council on
historic preservation.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Director" means the director of community, trade,
and economic development.
(4) "Federal act" means the national historic preservation act of 1966 (Public Law 89-655; 80 Stat. 915).
(5) "Heritage council" means the Washington state
heritage council.
(6) "Historic preservation" includes the protection,
rehabilitation, restoration, identification, scientific excavation,
and reconstruction of districts, sites, buildings, structures,
and objects significant in American and Washington state
history, architecture, archaeology, or culture.
(7) "Office" means the office of archaeology and
historic preservation within the department.
(8) "Preservation officer" means the state historic
preservation officer as provided for in RCW 27.34.210.
(9) "Project" means programs leading to the preservation
for public benefit of historical properties, whether by state
and local governments or other public bodies, or private
organizations or individuals, including the acquisition of title
or interests in, and the development of, any district, site,
building, structure, or object that is significant in American
and Washington state history, architecture, archaeology, or
culture, and property used in connection therewith, or for its
development.
(10) "State historical agencies" means the state historical
societies and the office of archaeology and historic preservation within the department.
(11) "State historical societies" means the Washington
state historical society and the eastern Washington state
historical society.
(12) "Cultural resource management plan" means a
comprehensive plan which identifies and organizes information on the state of Washington’s historic, archaeological,
and architectural resources into a set of management criteria,
[Title 27 RCW—page 19]
27.34.020
Title 27 RCW: Libraries, Museums, and Historical Activities
and which is to be used for producing reliable decisions,
recommendations, and advice relative to the identification,
evaluation, and protection of these resources. [1995 c 399
§ 13; 1993 c 101 § 10; 1986 c 266 § 9; 1983 c 91 § 2.]
Findings—1993 c 101: See note following RCW 27.34.010.
Severability—1986 c 266: See note following RCW 38.52.005.
Transfer of powers and duties of office of archaeology and historic
preservation—Construction of statutory references: See note following
RCW 38.52.005.
27.34.060 State historical societies—Budget requests. Each state historical society shall submit its budget
requests to the heritage council for review and comment.
[1983 c 91 § 6.]
27.34.070 State historical societies—Powers and
duties. (1) Each state historical society is designated a
trustee for the state whose powers and duties include but are
not limited to the following:
(a) To collect, catalog, preserve, and interpret objects,
manuscripts, sites, photographs, and other materials illustrative of the cultural, artistic, and natural history of this state;
(b) To operate state museums and assist and encourage
cultural and historical studies and museum interpretive
efforts throughout the state, including those sponsored by
local historical organizations, and city, county, and state
agencies;
(c) To engage in cultural, artistic, and educational activities, including classes, exhibits, seminars, workshops, and
conferences if these activities are related to the basic purpose
of the society;
(d) To plan for and conduct celebrations of significant
events in the history of the state of Washington and to give
assistance to and coordinate with state agencies, local
governments, and local historical organizations in planning
and conducting celebrations;
(e) To create one or more classes of membership in the
society;
(f) To engage in the sale of various articles which are
related to the basic purpose of the society;
(g) To engage in appropriate fund-raising activities for
the purpose of increasing the self-support of the society;
(h) To accept gifts, grants, conveyances, bequests, and
devises, of real or personal property, or both, in trust or
otherwise, and sell, lease, exchange, invest, or expend the
same or the proceeds, rents, profits, and income therefrom
except as limited by the donor’s terms. The governing
boards of the state historical societies shall adopt rules to
govern and protect the receipt and expenditure of the
proceeds, rents, profits, and income of all such gifts, grants,
conveyances, bequests, and devises;
(i) To accept on loan or lend objects of historical
interest, and sell, exchange, divest itself of, or refuse to
accept, items which do not enhance the collection;
(j) To charge general or special admission fees to its
museums or exhibits and to waive or decrease such fees as
it finds appropriate; and
(k) To work with the heritage council in developing the
plan under *RCW 27.34.050.
(2) All objects, sites, manuscripts, photographs, and all
property, including real property, now held or hereafter
[Title 27 RCW—page 20]
acquired by the state historical societies shall be held by the
societies in trust for the use and benefit of the people of
Washington state. [1983 c 91 § 7.]
*Reviser’s note: RCW 27.34.050 was repealed by 1994 sp.s. c 9 §
858, effective July 1, 1994.
27.34.075 Educational publications printing. The
provisions of chapter 43.78 RCW shall not apply to the
printing of educational publications of the state historical
societies. [1994 c 82 § 2.]
27.34.080 State historical societies—Appointment of
directors—Removal. The governing board of each state
historical society shall appoint its respective director with the
consent of the governor. The governor may remove a
director for cause or if a majority of the society’s governing
board votes for removal. [1983 c 91 § 8.]
27.34.200 Archaeology and historic preservation—
Legislative declaration. The legislature hereby finds that
the promotion, enhancement, perpetuation, and use of
structures, sites, districts, buildings, and objects of historic,
archaeological, architectural, and cultural significance is
desirable in the interest of the public pride and general
welfare of the people of the state; and the legislature further
finds that the economic, cultural, and aesthetic standing of
the state can be maintained and enhanced by protecting the
heritage of the state and by preventing the destruction or
defacement of these assets; therefore, it is hereby declared
by the legislature to be the public policy and in the public
interest of the state to designate, preserve, protect, enhance,
and perpetuate those structures, sites, districts, buildings, and
objects which reflect outstanding elements of the state’s
historic, archaeological, architectural, or cultural heritage, for
the inspiration and enrichment of the citizens of the state.
[1983 c 91 § 10.]
27.34.210 Office of archaeology and historic
preservation—Preservation officer—Qualifications. There
is hereby established the office of archaeology and historic
preservation within the department.
The director shall appoint the preservation officer to
assist the director in implementing this chapter. The
preservation officer shall have a background in program
administration, an active involvement in historic preservation, and a knowledge of the national, state, and local
preservation programs as they affect the state of Washington.
[1995 c 399 § 14; 1986 c 266 § 10; 1983 c 91 § 11.]
Severability—1986 c 266: See note following RCW 38.52.005.
Identification of historic properties and sites in need of rehabilitation or
renovation—Use of conservation corps members: RCW 43.220.180.
27.34.220 Director—Powers. The director or the
director’s designee is authorized:
(1) To promulgate and maintain the Washington heritage
register of districts, sites, buildings, structures, and objects
significant in American or Washington state history, architecture, archaeology, and culture, and to prepare comprehensive
statewide historic surveys and plans and research and
evaluation of surveyed resources for the preparation of
nominations to the Washington heritage register and the
(2002 Ed.)
State Historical Societies—Historic Preservation
national register of historic places, in accordance with
criteria approved by the advisory council established under
RCW 27.34.250. Nominations to the national register of
historic places shall comply with any standards and regulations promulgated by the United States secretary of the
interior for the preservation, acquisition, and development of
such properties. Nominations to the Washington heritage
register shall comply with rules adopted under this chapter.
(2) To establish a program of matching grants-in-aid to
public agencies, public or private organizations, or individuals for projects having as their purpose the preservation for
public benefit of properties that are significant in American
or Washington state history, architecture, archaeology, and
culture.
(3) To promote historic preservation efforts throughout
the state, including private efforts and those of city, county,
and state agencies.
(4) To enhance the effectiveness of the state preservation program through the initiation of legislation, the use of
varied funding sources, the creation of special purpose
programs, and contact with state, county, and city officials,
civic groups, and professionals.
(5) To spend funds, subject to legislative appropriation
and the availability of funds, where necessary to assist the
Indian tribes of Washington state in removing prehistoric
human remains for scientific examination and reburial, if the
human remains have been unearthed inadvertently or through
vandalism and if no other public agency is legally responsible for their preservation.
(6) To consult with the governor and the legislature on
issues relating to the conservation of the man-made environment and their impact on the well-being of the state and its
citizens.
(7) To charge fees for professional and clerical services
provided by the office.
(8) To adopt such rules, in accordance with chapter
34.05 RCW, as are necessary to carry out RCW 27.34.200
through 27.34.280. [1997 c 145 § 1; 1987 c 505 § 8; 1986
c 266 § 11; 1985 c 64 § 2; 1983 c 91 § 12.]
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.230 Director—Duties. The director or the
director’s designee shall:
(1) Submit the budget requests for the office to the
heritage council for review and comment;
(2) Receive, administer, and disburse such gifts, grants,
and endowments from private sources as may be made in
trust or otherwise for the purposes of RCW 27.34.200
through *27.34.290 or the federal act; and
(3) Develop and implement a cultural resource management plan. [1986 c 266 § 12; 1983 c 91 § 13.]
*Reviser’s note: RCW 27.34.290 was repealed by 1986 c 266 § 53.
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.220
plans developed by the department. [1986 c 266 § 13; 1983
c 91 § 14.]
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.250 Advisory council on historic preservation—Members. (1) There is hereby established an advisory council on historic preservation, which shall be composed
of nine members appointed by the governor as follows:
(a) A representative of a local or state heritage organization;
(b) Six members of the public who are interested and
experienced in matters to be considered by the council
including the fields of history, architecture, and archaeology;
(c) A representative from the Washington archaeological
community; and
(d) A native American.
(2) Each member of the council shall serve a four-year
term.
(3) A vacancy in the council shall not affect its powers,
but shall be filled in the same manner as the original
appointment for the balance of the unexpired term.
(4) The chairperson of the council shall be designated
by the governor.
(5) Five members of the council shall constitute a
quorum. [1995 c 150 § 1. Prior: 1993 c 185 § 1; 1993 c
101 § 12; 1983 c 91 § 15.]
Effective date—1993 c 185: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 30,
1993." [1993 c 185 § 2.]
Findings—1993 c 101: See note following RCW 27.34.010.
27.34.260 Advisory council—Compensation and
reimbursement of members. The directors of the state
historical societies shall serve as members of the advisory
council on historic preservation without additional compensation. All other members of the advisory council shall be
reimbursed for travel expenses incurred in the performance
of the duties of the council in accordance with RCW
43.03.050 and 43.03.060. [1983 c 91 § 18.]
27.34.270 Advisory council—Duties. The advisory
council shall:
(1) Advise the governor and the department on matters
relating to historic preservation; recommend measures to
coordinate activities of state and local agencies, private
institutions, and individuals relating to historic preservation;
and advise on the dissemination of information pertaining to
such activities; and
(2) Review and recommend nominations for the national
register of historic places to the preservation officer and the
director. [1997 c 145 § 2; 1986 c 266 § 14; 1983 c 91 §
17.]
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.240 Apportionment of grants. The amounts
made available for grants to the public agencies, public or
private organizations, or individuals for projects for each
fiscal year shall be apportioned among program applicants
by the director or the director’s designee, with the advice of
the preservation officer, in accordance with needs as contained in statewide archaeology and historic preservation
(2002 Ed.)
27.34.280 Advisory council, heritage council—
Financial and administrative services. The department
shall provide administrative and financial services to the
advisory council on historic preservation and to the Washington state heritage council. [1986 c 266 § 15; 1983 c 91
§ 16.]
[Title 27 RCW—page 21]
27.34.280
Title 27 RCW: Libraries, Museums, and Historical Activities
Severability—1986 c 266: See note following RCW 38.52.005.
27.34.310 Inventory of state-owned properties—
Definitions. Unless the context clearly requires otherwise,
the following definitions apply throughout RCW 27.34.320.
(1) "Agency" means the state agency, department, or
institution that has ownership of historic property.
(2) "Historic properties" means those buildings, sites,
objects, structures, and districts that are listed in or eligible
for listing in the National Register of Historic Places.
(3) "Office" means the office of archaeology and
historic preservation within the department of community,
trade, and economic development. [1995 c 399 § 15; 1993
c 325 § 3.]
Purpose—1993 c 325 §§ 3 and 4: "It is the purpose of sections 3
and 4 of this act to give authority to the office of archaeology and historic
preservation to identify and record all state-owned facilities to determine
which of these facilities may be considered historically significant and to
require the office to provide copies of the inventory to departments,
agencies, and institutions that have jurisdiction over the buildings and sites
listed." [1993 c 325 § 2.]
27.34.320 Inventory of state-owned properties—
Procedure—Grants. (1) By January 2, 1994, the office
shall provide each agency with a list of the agency’s
properties currently listed on the National Register of
Historic Places. By January 2, 1995, agencies that own
property shall provide to the office a list of those properties
that are either at least fifty years old or that may be eligible
for listing in the National Register of Historic Places. If
funding is available, the office may provide grants to state
agencies to assist in the development of the agency’s list.
By June 30, 1995, the office shall compile and disseminate
an inventory of state-owned historic properties.
(2) The office shall provide technical information to
agency staff involved with the identification of historic
properties, including the criteria for facilities to be placed on
the National Register of Historic Places. [1993 c 325 § 4.]
Purpose—1993 c 325 §§ 3 and 4: See note following RCW
27.34.310.
27.34.330 Heritage capital projects—Proposals for
funding—Prioritized list. (Expires June 30, 2007.) The
Washington state historical society shall establish a competitive process to solicit proposals for and prioritize heritage
capital projects for potential funding in the state capital budget. The society shall adopt rules governing project eligibility and evaluation criteria. Application for funding of
specific projects may be made to the society by local
governments, public development authorities, nonprofit
corporations, tribal governments, and other entities, as
determined by the society. The society, with the advice of
leaders in the heritage field, including but not limited to
representatives from the office of the secretary of state, the
eastern Washington state historical society, and the state
office of archaeology and historic preservation, shall establish and submit a prioritized list of heritage capital projects
to the governor and the legislature in the society’s biennial
capital budget request. The list shall include a description of
each project, the amount of recommended state funding, and
documentation of nonstate funds to be used for the project.
The total amount of recommended state funding for projects
[Title 27 RCW—page 22]
on a biennial project list shall not exceed four million
dollars. The department may provide an additional alternate
project list which shall not exceed five hundred thousand
dollars. The prioritized list shall be developed through open
and public meetings and the amount of state funding shall
not exceed thirty-three percent of the total cost of the project. The nonstate portion of the total project cost may
include cash, the value of real property when acquired solely
for the purpose of the project, and in-kind contributions.
The department shall not sign contracts or otherwise financially obligate funds under this section until the legislature
has approved a specific list of projects. In contracts for
grants authorized under this section, the society shall include
provisions requiring that capital improvements be held by the
grantee for a specified period of time appropriate to the
amount of the grant and that facilities be used for the
express purpose of the grant. If the grantee is found to be
out of compliance with provisions of the contract, the
grantee shall repay to the state general fund the principal
amount of the grant plus interest calculated at the rate of
interest on state of Washington general obligation bonds
issued most closely to the date of authorization of the grant.
[1999 c 295 § 2; 1995 c 182 § 2.]
Expiration date—1999 c 295: See note following RCW 43.63A.750.
Findings—1995 c 182: "The legislature finds that the state of
Washington has a rich heritage in historical sites and artifacts that have the
potential to provide life-long learning opportunities for citizens of the state.
Further, the legislature finds that many of these historical treasures are not
readily accessible to citizens, and that there is a need to create an ongoing
program to support the capital needs of heritage organizations and
facilities." [1995 c 182 § 1.]
27.34.342 Lewis and Clark bicentennial advisory
committee. (Expires June 30, 2007.) The Lewis and Clark
bicentennial advisory committee is created under the auspices of the Washington state historical society. The committee
shall consist of fifteen members, as follows:
(1) Six citizen members, at least three of whom must be
enrolled members of a Washington Indian tribe, who shall be
appointed by the governor;
(2) The president of the Washington state historical
society;
(3) The director of the Washington state parks and
recreation commission;
(4) The secretary of the Washington state department of
transportation;
(5) The director of the Washington state department of
community, trade, and economic development;
(6) Four members of the Washington state legislature,
one from each caucus in the senate and the house of representatives as designated by each caucus; and
(7) The chair of the Lewis and Clark trail advisory
committee. [1999 c 35 § 1.]
Expiration date—1999 c 35: "Sections 1 through 3 of this act exp
ire June 30, 2007." [1999 c 35 § 4.]
27.34.344 Lewis and Clark bicentennial advisory
committee—Duties—Role of Washington state historical
society. (Expires June 30, 2007.) (1) The Lewis and Clark
bicentennial [advisory] committee shall coordinate and
provide guidance to Washington’s observance of the bicen-
(2002 Ed.)
State Historical Societies—Historic Preservation
tennial of the Lewis and Clark expedition. The committee
may:
(a) Cooperate with national, regional, statewide, and
local events promoting the bicentennial;
(b) Assist, plan, or conduct bicentennial events;
(c) Engage in or encourage fund-raising activities
including revenue-generating enterprises, as well as the
solicitation of charitable gifts, grants, or donations;
(d) Promote public education concerning the importance
of the Lewis and Clark expedition in American history,
including the role of native people in making the expedition
a success;
(e) Coordinate interagency participation in the observance; and
(f) Perform other related duties.
(2) The committee is attached to the Washington state
historical society for administrative purposes. Accordingly,
the society shall:
(a) Direct and supervise the budgeting, recordkeeping,
reporting, and related administrative and clerical functions of
the committee;
(b) Include the committee’s budgetary requests in the
society’s departmental budget;
(c) Collect all nonappropriated revenues for the committee and deposit them in the proper fund or account;
(d) Provide staff support for the committee;
(e) Print and disseminate for the committee any required
notices, rules, or orders adopted by the committee; and
(f) Allocate or otherwise provide office space to the
committee as may be necessary. [1999 c 35 § 2.]
Expiration date—1999 c 35: See note following RCW 27.34.342.
27.34.346 Lewis and Clark bicentennial account.
(Expires June 30, 2007.) The Lewis and Clark bicentennial
account is created in the state treasury. Expenditures from
the account may only be expended to finance the activities
of the Lewis and Clark bicentennial [advisory] committee
and all expenditures must be authorized by the director of
the Washington state historical society or the director’s
designee. Moneys in the account may only be spent after
appropriation. The account is subject to the allotment
procedures under chapter 43.88 RCW. [1999 c 35 § 3.]
Expiration date—1999 c 35: See note following RCW 27.34.342.
27.34.350 Governor’s award for excellence in
teaching history. (1) Many people throughout the state
contribute significantly to the promotion of historical study
as a means to give the state’s citizens a better sense of the
past. The Washington state historical society recognizes the
accomplishments of many men and women in the teaching
professions whose skill and achievement in the inculcating
of historic values are not given the recognition nor the support they deserve or given the encouragement to continue
their work.
(2) The governor’s award for excellence in teaching
history is created to annually recognize teachers and public
and private nonprofit historical organizations that have
organized, conducted, published, or offered on a consistently
exemplary basis, outstanding activities that promote a better
understanding and appreciation of the state’s history. One
cash award to an individual teacher and one cash award to
(2002 Ed.)
27.34.344
an organization shall be made each year. The sums described in this section shall be raised through solicitations
from private donors.
(3) The Washington state historical society’s board of
trustees shall make the final determination of award recipients. [1997 c 263 § 1.]
27.34.900 State capital historical museum. The
building and grounds designated as Block 2, Grainger’s
Addition to the City of Olympia, County of Thurston, acquired by the state under senate joint resolution No. 18,
session of 1939, is hereby designated a part of the state
capitol, to be known as the state capital historical museum.
This structure is to be used to house and interpret the
collection of the Washington state historical society. This
section does not limit the society’s use of other structures.
[1993 c 101 § 13; 1981 c 253 § 3; 1941 c 44 § 3; Rem.
Supp. 1941 § 8265-6. Formerly RCW 27.36.020.]
Findings—1993 c 101: See note following RCW 27.34.010.
27.34.906 Pickett House—In trust—Reverter. Said
chapter, by acceptance of such conveyance, shall be deemed
to have agreed to hold said property in trust for the state of
Washington, and to maintain and keep the same open to the
public as an historical site, and, in case of its failure so to
do, title to said property shall revert to the state of Washington. [1965 c 31 § 2. Formerly RCW 27.28.022.]
27.34.910 Effective date—1983 c 91. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect June 30,
1983. [1983 c 91 § 27.]
27.34.915 Severability—1993 c 101. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1993 c 101 § 16.]
27.34.916 Effective date—1993 c 101. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect July 1, 1993.
[1993 c 101 § 17.]
Chapter 27.40
THOMAS BURKE MEMORIAL WASHINGTON
STATE MUSEUM OF UNIVERSITY
OF WASHINGTON
(Formerly: Museum of University of Washington)
Sections
27.40.010
27.40.030
27.40.034
27.40.036
Thomas Burke Memorial Washington State Museum constituted state natural history and anthropology museum.
Acceptance of materials from private sources.
Permanent acquisition of documents and materials on loan
to museum, procedure—Return of stolen documents and
materials to owner.
Sale or trade of acquired documents or materials—Use of
proceeds.
[Title 27 RCW—page 23]
Chapter 27.40
27.40.040
Title 27 RCW: Libraries, Museums, and Historical Activities
Management in board of regents.
27.40.010 Thomas Burke Memorial Washington
State Museum constituted state natural history and
anthropology museum. The Thomas Burke Memorial
Washington State Museum of the University of Washington
is hereby constituted the state natural history and anthropology museum as a repository for the preservation, exhibition, interpretation, and conservation of documents and
objects of a systematic anthropological, geological, and
zoological character for the state. [1985 c 29 § 1; 1899 c 30
§ 1; RRS § 8255.]
Effective date—1985 c 29: "This act is necessary for the immediat
e preservation of the public peace, health, and safety, the support of the s
tate government and its existing public institutions, and shall take effect o
n June 30, 1985." [1985 c 29 § 3.]
27.40.030 Acceptance of materials from private
sources. This museum may receive all such above named
documents or material for preservation and exhibition from
any private person under such rules and regulations as the
board of regents of the University of Washington may deem
proper to make for the care of the aforesaid museum. [1899
c 30 § 3; RRS § 8257.]
27.40.034 Permanent acquisition of documents and
materials on loan to museum, procedure—Return of
stolen documents and materials to owner. The board of
regents may provide, by rule or regulation, for:
(1) The permanent acquisition of documents or materials
on loan to the state museum at the University of Washington, if the documents or materials have not been claimed by
the owner thereof within ninety days after notice is sent by
certified mail, return receipt requested, to the owner at his
last known address by the board of regents and if the
certified letter be returned because it could not be delivered
to the addressee, public notice shall be published by the
University of Washington once each week during two
successive weeks in a newspaper circulating in the city of
Seattle and the county of King describing the unclaimed
documents or materials, giving the name of the reputed
owner thereof and requesting all persons who may have any
knowledge of the whereabouts of the owner to contact the
office of the museum of the University of Washington:
PROVIDED HOWEVER, That more than one item may be
described in each of the notices;
(2) The return to the rightful owner of documents or
materials in the possession of the museum, which documents
or materials are determined to have been stolen: PROVIDED, That any person claiming to be the rightful legal owner
of the documents or materials who wishes to challenge the
determination by the board shall have the right to commence
a declaratory judgment action pursuant to chapter 7.24 RCW
in the superior court for King county to determine the
validity of his claim of ownership to the documents or
materials. [1985 c 469 § 13; 1975 1st ex.s. c 159 § 1.]
27.40.036 Sale or trade of acquired documents or
materials—Use of proceeds. Documents or materials
acquired under the provisions of RCW 27.40.034 may be
sold, or may be traded for other documents or materials.
[Title 27 RCW—page 24]
The proceeds from the sale of any such documents or
materials may be used to acquire additional documents or
materials or may be used to defray the cost of operating the
museum. [1975 1st ex.s. c 159 § 2.]
27.40.040 Management in board of regents. The
board of regents of the University of Washington ex officio
shall have full charge and management of the state museum
hereby created. [1899 c 30 § 4; RRS § 8258.]
Chapter 27.44
INDIAN GRAVES AND RECORDS
Sections
27.44.020
27.44.030
27.44.040
27.44.050
27.44.900
27.44.901
Examination permitted—Removal to archaeological repository.
Intent.
Protection of Indian graves—Penalty.
Civil action by Indian tribe or member—Time for commencing action—Venue—Damages—Attorneys’ fees.
Captions not law—1989 c 44.
Liberal construction—1989 c 44.
27.44.020 Examination permitted—Removal to
archaeological repository. Any archaeologist or interested
person may copy and examine such glyptic or painted
records or examine the surface of any such cairn or grave,
but no such record or archaeological material from any such
cairn or grave may be removed unless the same shall be
destined for reburial or perpetual preservation in a duly
recognized archaeological repository and permission for
scientific research and removal of specimens of such records
and material has been granted by the state historic preservation officer. Whenever a request for permission to remove
records or material is received, the state historic preservation
officer shall notify the affected Indian tribe or tribes. [1985
c 64 § 1; 1977 ex.s. c 169 § 6; 1941 c 216 § 2; Rem. Supp.
1941 § 3207-11.]
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
27.44.030 Intent. The legislature hereby declares that:
(1) Native Indian burial grounds and historic graves are
acknowledged to be a finite, irreplaceable, and nonrenewable
cultural resource, and are an intrinsic part of the cultural
heritage of the people of Washington. The legislature
recognizes the value and importance of respecting all graves,
and the spiritual significance of such sites to the people of
this state;
(2) There have been reports and incidents of deliberate
interference with native Indian and historic graves for profitmaking motives;
(3) There has been careless indifference in cases of
accidental disturbance of sites, graves, and burial grounds;
(4) Indian burial sites, cairns, glyptic markings, and historic graves located on public and private land are to be
protected and it is therefore the legislature’s intent to
encourage voluntary reporting and respectful handling in
cases of accidental disturbance and provide enhanced
penalties for deliberate desecration. [1989 c 44 § 1.]
(2002 Ed.)
Indian Graves and Records
27.44.040 Protection of Indian graves—Penalty. (1)
Any person who knowingly removes, mutilates, defaces,
injures, or destroys any cairn or grave of any native Indian,
or any glyptic or painted record of any tribe or peoples is
guilty of a class C felony punishable under chapter 9A.20
RCW. Persons disturbing native Indian graves through inadvertence, including disturbance through construction, mining,
logging, agricultural activity, or any other activity, shall
reinter the human remains under the supervision of the
appropriate Indian tribe. The expenses of reinterment are to
be paid by the office of archaeology and historic preservation pursuant to RCW 27.34.220.
(2) Any person who sells any native Indian artifacts or
any human remains that are known to have been taken from
an Indian cairn or grave, is guilty of a class C felony
punishable under chapter 9A.20 RCW.
(3) This section does not apply to:
(a) The possession or sale of native Indian artifacts
discovered in or taken from locations other than native
Indian cairns or graves, or artifacts that were removed from
cairns or graves as may be authorized by RCW 27.53.060 or
by other than human action; or
(b) Actions taken in the performance of official law
enforcement duties.
(4) It shall be a complete defense in the prosecution
under this section if the defendant can prove by a preponderance of evidence that the alleged acts were accidental or
inadvertent and that reasonable efforts were made to preserve
the remains, glyptic, or painted records, or artifacts accidentally disturbed or discovered, and that the accidental
discovery or disturbance was properly reported. [1989 c 44
§ 2.]
27.44.050 Civil action by Indian tribe or member—
Time for commencing action—Venue—Damages—
Attorneys’ fees. (1) Apart from any criminal prosecution,
an Indian tribe or enrolled member thereof, shall have a civil
action to secure an injunction, damages, or other appropriate
relief against any person who is alleged to have violated
RCW 27.44.040. The action must be brought within two
years of the discovery of the violation by the plaintiff. The
action may be filed in the superior or tribal court of the
county in which the grave, cairn, remains, or artifacts are
located, or in the superior court of the county within which
the defendant resides.
(2) Any conviction pursuant to RCW 27.44.040 shall be
prima facia evidence in an action brought under this section.
(3) If the plaintiff prevails:
(a) The court may award reasonable attorneys’ fees to
the plaintiff;
(b) The court may grant injunctive or such other
equitable relief as is appropriate, including forfeiture of any
artifacts or remains acquired or equipment used in the
violation. The court shall order the disposition of any items
forfeited as the court sees fit, including the reinterment of
human remains;
(c) The plaintiff shall recover imputed damages of five
hundred dollars or actual damages, whichever is greater.
Actual damages include special and general damages, which
include damages for emotional distress;
(2002 Ed.)
27.44.040
(d) The plaintiff may recover punitive damages upon
proof that the violation was willful. Punitive damages may
be recovered without proof of actual damages. All punitive
damages shall be paid by the defendant to the office of
archaeology and historic preservation for the purposes of
Indian historic preservation and to cover the cost of
reinterment expenses by the office; and
(e) An award of imputed or punitive damages may be
made only once for a particular violation by a particular
person, but shall not preclude the award of such damages
based on violations by other persons or on other violations.
(4) If the defendant prevails, the court may award
reasonable attorneys’ fees to the defendant. [1989 c 44 § 3.]
27.44.900 Captions not law—1989 c 44. Section
captions used in this act do not constitute any part of the
law. [1989 c 44 § 10.]
27.44.901 Liberal construction—1989 c 44. This act
is to be liberally construed to achieve the legislature’s intent.
[1989 c 44 § 11.]
Chapter 27.48
PRESERVATION OF HISTORICAL MATERIALS
Sections
27.48.010
Public purpose declared—Powers of counties and municipalities.
27.48.040 Capitol furnishings preservation committee—Capitol furnishings preservation committee account.
27.48.050 Fund-raising for preservation and restoration of the state
legislative building.
Preservation and destruction of public records, state archivist: Chapter
40.14 RCW.
27.48.010 Public purpose declared—Powers of
counties and municipalities. The storage, preservation and
exhibit of historical materials, including, but not restricted to,
books, maps, writings, newspapers, ancient articles, and tools
of handicraft, antiques, artifacts, and relics is declared to be
a public project carried on for public purpose and the legislative body of any county, city or town, may provide quarters
therefor within the territorial limits thereof and may provide
funds necessary for the proper operation of any such
institution already in operation, or otherwise provide for the
preservation of historical material covered by this chapter.
[1957 c 47 § 1; 1949 c 160 § 1; Rem. Supp. 1949 § 82659.]
27.48.040 Capitol furnishings preservation committee—Capitol furnishings preservation committee account.
(1) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this section.
(a) "State capitol group" includes the legislative building, the insurance building, the Cherberg building, the John
L. O’Brien building, the Newhouse building, and the temple
of justice building.
(b) "Historic furnishings" means furniture, fixtures, and
artwork fifty years of age or older.
(2) The capitol furnishings preservation committee is
established to promote and encourage the recovery and
[Title 27 RCW—page 25]
27.48.040
Title 27 RCW: Libraries, Museums, and Historical Activities
preservation of the original and historic furnishings of the
state capitol group, prevent future loss of historic furnishings, and review and advise future remodeling and restoration projects as they pertain to historic furnishings. The
committee’s authority does not extend to the placement of
any historic furnishings within the state capitol group.
(3) The capitol furnishings preservation committee
account is created in the custody of the state treasurer. All
receipts designated for the account from appropriations and
from other sources must be deposited into the account.
Expenditures from the account may be used only to finance
the activities of the capitol furnishings preservation committee. Only the director of the Washington state historical
society or the director’s designee may authorize expenditures
from the account when authorized to do so by the committee. The account is subject to allotment procedures under
chapter 43.88 RCW, but an appropriation is not required for
expenditures.
(4) The committee may:
(a) Authorize the director of the Washington state
historical society or the director’s designee to expend funds
from the capitol furnishings preservation committee account
for limited purposes of purchasing and preserving historic
furnishings of the state capitol group;
(b) Accept monetary donations, grants, and donations of
historic furnishings from, but not limited to, (i) current and
former legislators, state officials, and lobbyists; (ii) the
families of former legislators, state officials, and lobbyists;
and (iii) the general public. Moneys received under this
section must be deposited in the capitol furnishings preservation committee account; and
(c) Engage in or encourage fund-raising activities
including the solicitation of charitable gifts, grants, or
donations specifically for the limited purpose of the recovery
of the original and historic furnishings.
(5) The membership of the committee shall include:
Two members of the house of representatives, one from each
major caucus, appointed by the speaker of the house of
representatives; two members of the senate, one from each
major caucus, appointed by the president of the senate; the
chief clerk of the house of representatives; the secretary of
the senate; the governor or the governor’s designee; the
lieutenant governor or the lieutenant governor’s designee; a
representative from the office of the secretary of state, the
office of the state treasurer, the office of the state auditor,
and the office of the insurance commissioner; a representative from the supreme court; a representative from the
Washington state historical society, the department of general
administration, and the Thurston county planning council,
each appointed by the governor; and three private citizens,
appointed by the governor.
(6) Original or historic furnishings from the state capitol
group are not surplus property under chapter 43.19 RCW or
other authority unless designated as such by the committee.
[1999 c 343 § 2.]
27.48.050 Fund-raising for preservation and
restoration of the state legislative building. State officers
and state employees, as those terms are defined in RCW
42.52.010, may engage in or encourage fund-raising activities including the solicitation of charitable gifts, grants, or
donations specifically for the limited purpose of preservation
and restoration of the state legislative building and related
educational exhibits and programs. [2002 c 167 § 2.]
Findings—Purpose—1999 c 343: "The legislature finds that those
historic furnishings that illustrate the history of the state of Washington
should be maintained and preserved for the use and benefit of the people of
the state. It is the purpose of this act to establish the capitol furnishings
preservation committee to increase the awareness of the public and state
employees about the significance of the furnishings within the state capitol
campus buildings as envisioned by the original architects Wilder and
White." [1999 c 343 § 1.]
27.53.010 Declaration. The legislature hereby
declares that the public has an interest in the conservation,
preservation, and protection of the state’s archaeological
resources, and the knowledge to be derived and gained from
the scientific study of these resources. [1975 1st ex.s. c 134
§ 1.]
[Title 27 RCW—page 26]
Findings—2002 c 167: "The legislature finds that the Washington
state legislative building is an architecturally significant and irreplaceable
building worthy of rehabilitation and enhancement. Not only is it a mag
nificent building, but it also reflects the essence of self-government and d
emocracy in the state of Washington.
The legislature further finds that the state legislative building is an i
mportant asset to the citizens of Washington state, allowing them to learn
about state government, to research and track legislative activity, to meet
with state officials, and to participate in government.
The legislature further finds that a combination of public funds and
private donations can involve the citizens of Washington state in the buil
ding’s rehabilitation and enhancement by engaging the public in the prese
rvation of the state legislative building and raising private funds for
restoration and educational efforts." [2002 c 167 § 1.]
Effective date—2002 c 167: "This act is necessary for the immedi
ate preservation of the public peace, health, or safety, or support of the st
ate government and its existing public institutions, and takes effect imme
diately [March 27, 2002]." [2002 c 167 § 4.]
Chapter 27.53
ARCHAEOLOGICAL SITES AND RESOURCES
Sections
27.53.010
27.53.020
Declaration.
Archaeological resource preservation—Designation of office
of archaeology and historic preservation—Cooperation
among agencies.
27.53.030 Definitions.
27.53.040 Archaeological resources—Declaration.
27.53.045 Abandoned archaeological resources—Declaration.
27.53.060 Disturbing archaeological resource or site—Permit required—Conditions—Exceptions—Penalty.
27.53.070 Field investigations—Communication of site or resource
location to research center.
27.53.080 Archaeological activities upon public lands—Entry—
Agreement—Approval of activities—Information regarding results of studies and activities.
27.53.090 Violations—Penalty.
27.53.095 Knowing and willful failure to obtain or comply with permit—Penalties.
27.53.100 Historic archaeological resources on state-owned aquatic
lands—Discovery and report—Right of first refusal.
27.53.110 Contracts for discovery and salvage of state-owned historic
archaeological resources.
27.53.120 Recovery of property from historic archaeological sites—
Mitigation of damage—Refusal to issue salvage permit
to prevent destruction of resource.
27.53.130 List of areas requiring permits.
27.53.140 Rule-making authority.
27.53.150 Proceeds from state’s property—Deposit and use.
27.53.900 Severability—1975 1st ex.s. c 134.
27.53.901 Severability—1988 c 124.
Office of archaeology and historic preservation: RCW 27.34.200 through
27.34.240.
(2002 Ed.)
Archaeological Sites and Resources
27.53.020 Archaeological resource preservation—
Designation of office of archaeology and historic preservation—Cooperation among agencies. The discovery,
identification, excavation, and study of the state’s archaeological resources, the providing of information on archaeological sites for their nomination to the state and national
registers of historic places, the maintaining of a complete
inventory of archaeological sites and collections, and the
providing of information to state, federal, and private
construction agencies regarding the possible impact of
construction activities on the state’s archaeological resources,
are proper public functions; and the office of archaeology
and historic preservation, created under the authority of
chapter 39.34 RCW, is hereby designated as an appropriate
agency to carry out these functions. The director, in
consultation with the office of archaeology and historic
preservation, shall provide guidelines for the selection of
depositories designated by the state for archaeological
resources. The legislature directs that there shall be full
cooperation amongst the department, the office of archaeology and historic preservation, and other agencies of the state.
[2002 c 211 § 2; 1986 c 266 § 16; 1977 ex.s. c 195 § 12;
1975-’76 2nd ex.s. c 82 § 1; 1975 1st ex.s. c 134 § 2.]
Purpose—2002 c 211: "The purpose of this act is to give the
department of community, trade, and economic development the authority
to issue civil penalties to enforce the provisions of permits issued under
RCW 27.53.060 and to take into consideration prior penalties issued under
chapter 27.53 RCW and under comparable federal laws when issuing
permits. Additionally, this act provides guidance to state agencies and
political subdivisions of the state when approving archaeological activities
on public lands." [2002 c 211 § 1.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 195 § 20.]
27.53.030 Definitions. Unless the context clearly
requires otherwise, the definitions contained in this section
shall apply throughout this chapter.
(1) "Archaeology" means systematic, scientific study of
man’s past through material remains.
(2) "Archaeological object" means an object that
comprises the physical evidence of an indigenous and
subsequent culture including material remains of past human
life including monuments, symbols, tools, facilities, and
technological by-products.
(3) "Archaeological site" means a geographic locality in
Washington, including but not limited to, submerged and
submersible lands and the bed of the sea within the state’s
jurisdiction, that contains archaeological objects.
(4) "Department" means the department of community,
trade, and economic development.
(5) "Director" means the director of community, trade,
and economic development or the director’s designee.
(6) "Historic" means peoples and cultures who are
known through written documents in their own or other
languages. As applied to underwater archaeological resources, the term historic shall include only those properties which
are listed in or eligible for listing in the Washington State
Register of Historic Places (RCW 27.34.220) or the National
Register of Historic Places as defined in the National
Historic Preservation Act of 1966 (Title 1, Sec. 101, Public
(2002 Ed.)
27.53.020
Law 89-665; 80 Stat. 915; 16 U.S.C. Sec. 470) as now or
hereafter amended.
(7) "Prehistoric" means peoples and cultures who are
unknown through contemporaneous written documents in any
language.
(8) "Professional archaeologist" means a person who has
met the educational, training, and experience requirements of
the society of professional archaeologists.
(9) "Qualified archaeologist" means a person who has
had formal training and/or experience in archaeology over a
period of at least three years, and has been certified in
writing to be a qualified archaeologist by two professional
archaeologists.
(10) "Amateur society" means any organization composed primarily of persons who are not professional archaeologists, whose primary interest is in the archaeological
resources of the state, and which has been certified in
writing by two professional archaeologists.
(11) "Historic archaeological resources" means those
properties which are listed in or eligible for listing in the
Washington State Register of Historic Places (RCW
27.34.220) or the National Register of Historic Places as
defined in the National Historic Preservation Act of 1966
(Title 1, Sec. 101, Public Law 89-665; 80 Stat. 915; 16
U.S.C. Sec. 470) as now or hereafter amended. [1995 c 399
§ 16; 1989 c 44 § 6; 1988 c 124 § 2; 1986 c 266 § 17; 1983
c 91 § 20; 1977 ex.s. c 195 § 13; 1975 1st ex.s. c 134 § 3.]
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
Intent—1988 c 124: "It is the intent of the legislature that those
historic archaeological resources located on state-owned aquatic lands that
are of importance to the history of our state, or its communities, be
protected for the people of the state. At the same time, the legislature also
recognizes that divers have long enjoyed the recreation of diving near
shipwrecks and picking up artifacts from the state-owned aquatic lands, and
it is not the intent of the legislature to regulate these occasional, recreational
activities except in areas where necessary to protect underwater historic
archaeological sites. The legislature also recognizes that salvors who invest
in a project to salvage underwater archaeological resources on state-owned
aquatic lands should be required to obtain a state permit for their operation
in order to protect the interest of the people of the state, as well as to
protect the interest of the salvors who have invested considerable time and
money in the salvage expedition." [1988 c 124 § 1.]
Application—1988 c 124: "This act shall not affect any ongoing
salvage effort in which the state has entered into separate contracts or
agreements prior to March 18, 1988." [1988 c 124 § 13.]
Severability—1986 c 266: See note following RCW 38.52.005.
Effective date—1983 c 91: See RCW 27.34.910.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.040 Archaeological resources—Declaration.
All sites, objects, structures, artifacts, implements, and
locations of prehistorical or archaeological interest, whether
previously recorded or still unrecognized, including, but not
limited to, those pertaining to prehistoric and historic
American Indian or aboriginal burials, campsites, dwellings,
and habitation sites, including rock shelters and caves, their
artifacts and implements of culture such as projectile points,
arrowheads, skeletal remains, grave goods, basketry, pestles,
mauls and grinding stones, knives, scrapers, rock carvings
and paintings, and other implements and artifacts of any
material that are located in, on, or under the surface of any
lands or waters owned by or under the possession, custody,
[Title 27 RCW—page 27]
27.53.040
Title 27 RCW: Libraries, Museums, and Historical Activities
or control of the state of Washington or any county, city, or
political subdivision of the state are hereby declared to be
archaeological resources. [1975 1st ex.s. c 134 § 4.]
27.53.045 Abandoned archaeological resources—
Declaration. All historic archaeological resources abandoned for thirty years or more in, on, or under the surface of
any public lands or waters owned by or under the possession, custody, or control of the state of Washington, including, but not limited to all ships, or aircraft, and any part or
the contents thereof, and all treasure trove is hereby declared
to be the property of the state of Washington. [1988 c 124
§ 3.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.060 Disturbing archaeological resource or
site—Permit required—Conditions—Exceptions—Penalty.
(1) On the private and public lands of this state it shall be
unlawful for any person, firm, corporation, or any agency or
institution of the state or a political subdivision thereof to
knowingly remove, alter, dig into, or excavate by use of any
mechanical, hydraulic, or other means, or to damage, deface,
or destroy any historic or prehistoric archaeological resource
or site, or remove any archaeological object from such site,
except for Indian graves or cairns, or any glyptic or painted
record of any tribe or peoples, or historic graves as defined
in chapter 68.05 RCW, disturbances of which shall be a
class C felony punishable under chapter 9A.20 RCW,
without having obtained a written permit from the director
for such activities.
(2) The director must obtain the consent of the private
or public property owner or agency responsible for the
management thereof, prior to issuance of the permit. The
property owner or agency responsible for the management of
such land may condition its consent on the execution of a
separate agreement, lease, or other real property conveyance
with the applicant as may be necessary to carry out the legal
rights or duties of the public property landowner or agency.
(3) The director, in consultation with the affected tribes,
shall develop guidelines for the issuance and processing of
permits.
(4) Such written permit and any agreement or lease or
other conveyance required by any public property owner or
agency responsible for management of such land shall be
physically present while any such activity is being conducted.
(5) The provisions of this section shall not apply to the
removal of artifacts found exposed on the surface of the
ground which are not historic archaeological resources or
sites.
(6) When determining whether to grant or condition a
permit, the director may give great weight to the final record
of previous civil or criminal penalties against either the
applicant, the parties responsible for conducting the work, or
the parties responsible for carrying out the terms and
conditions of the permit, either under this chapter or under
comparable federal laws. If the director denies a permit, the
applicant may request a hearing as provided for in chapter
34.05 RCW. [2002 c 211 § 3; 1989 c 44 § 7; 1988 c 124 §
[Title 27 RCW—page 28]
4; 1986 c 266 § 18; 1977 ex.s. c 195 § 14; 1975-’76 2nd
ex.s. c 82 § 2; 1975 1st ex.s. c 134 § 6.]
Purpose—2002 c 211: See note following RCW 27.53.020.
Intent—1989 c 44: See RCW 27.44.030.
Captions not law—Liberal construction—1989 c 44: See RCW
27.44.900 and 27.44.901.
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.070 Field investigations—Communication of
site or resource location to research center. It is the
declared intention of the legislature that field investigations
on privately owned lands should be discouraged except in
accordance with both the provisions and spirit of this chapter
and persons having knowledge of the location of archaeological sites or resources are encouraged to communicate such
information to the Washington archaeological research
center. Such information shall not constitute a public record
which requires disclosure pursuant to the exception authorized in RCW 42.17.310, as now or hereafter amended, to
avoid site depredation. [1975-’76 2nd ex.s. c 82 § 3; 1975
1st ex.s. c 134 § 7.]
27.53.080 Archaeological activities upon public
lands—Entry—Agreement—Approval of activities—
Information regarding results of studies and activities.
(1) Qualified or professional archaeologists, in performance
of their duties, may enter upon public lands of the state of
Washington and its political subdivisions after first notifying
the entity responsible for managing those public lands, at
such times and in such manner as not to interfere with the
normal management thereof, for the purposes of doing
archaeological resource location and evaluation studies,
including site sampling activities. The results of such studies
shall be provided to the state agency or political subdivision
responsible for such lands and the office of archaeology and
historic preservation and are confidential unless the director,
in writing, declares otherwise. Scientific excavations are to
be carried out only after appropriate agreement has been
made between a professional archaeologist or an institution
of higher education and the agency or political subdivision
responsible for such lands. A copy of such agreement shall
be filed with the office of archaeology and historic preservation and by them to the department.
(2) Amateur societies may engage in such activities by
submitting and having approved by the responsible agency
or political subdivision a written proposal detailing the scope
and duration of the activity. Before approval, a proposal
from an amateur society shall be submitted to the office of
archaeology and historic preservation for review and recommendation. The approving agency or political subdivision
shall impose conditions on the scope and duration of the
proposed activity necessary to protect the archaeological
resources and ensure compliance with applicable federal,
state, and local laws. The findings and results of activities
authorized under this section shall be made known to the
approving agency or political subdivision approving the
activities and to the office of archaeology and historic
(2002 Ed.)
Archaeological Sites and Resources
preservation. [2002 c 211 § 5; 1986 c 266 § 19; 1977 ex.s.
c 195 § 15; 1975 1st ex.s. c 134 § 8.]
Purpose—2002 c 211: See note following RCW 27.53.020.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.090 Violations—Penalty. Any person, firm, or
corporation violating any of the provisions of this chapter
shall be guilty of a misdemeanor. Each day of continued
violation of any provision of this chapter shall constitute a
distinct and separate offense. Offenses shall be reported to
the appropriate law enforcement agency or to the director.
[1986 c 266 § 20; 1977 ex.s. c 195 § 16; 1975-’76 2nd ex.s.
c 82 § 4; 1975 1st ex.s. c 134 § 9.]
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1977 ex.s. c 195: See note following RCW 27.53.020.
27.53.095 Knowing and willful failure to obtain or
comply with permit—Penalties. (1) Persons found to have
violated this chapter, either by a knowing and willful failure
to obtain a permit where required under RCW 27.53.060 or
by a knowing and willful failure to comply with the provisions of a permit issued by the director where required under
RCW 27.53.060, in addition to other remedies as provided
for by law, may be subject to one or more of the following:
(a) Reasonable investigative costs incurred by a mutually agreed upon independent professional archaeologist
investigating the alleged violation;
(b) Reasonable site restoration costs; and
(c) Civil penalties, as determined by the director, in an
amount of not more than five thousand dollars per violation.
(2) Any person incurring the penalty may file an
application for an adjudicative proceeding and may pursue
subsequent review as provided in chapter 34.05 RCW and
applicable rules of the department of community, trade, and
economic development.
(3) Any penalty imposed by final order following an
adjudicative proceeding becomes due and payable upon
service of the final order.
(4) The attorney general may bring an action in the
name of the department in the superior court of Thurston
county or of any county in which the violator may do
business to collect any penalty imposed under this chapter
and to enforce subsection (5) of this section.
(5) Any and all artifacts in possession of a violator shall
become the property of the state until proper identification
of artifact ownership may be determined by the director.
(6) Penalties overturned on appeal entitle the appealing
party to fees and other expenses, including reasonable
attorneys’ fees, as provided in RCW 4.84.350. [2002 c 211
§ 4.]
Purpose—2002 c 211: See note following RCW 27.53.020.
27.53.100 Historic archaeological resources on stateowned aquatic lands—Discovery and report—Right of
first refusal. Persons, firms, corporations, institutions, or
agencies which discover a previously unreported historic
archaeological resource on state-owned aquatic lands and
report the site or location of such resource to the department
shall have a right of first refusal to future salvage permits
granted for the recovery of that resource, subject to the pro(2002 Ed.)
27.53.080
visions of RCW 27.53.110. Such right of first refusal shall
exist for five years from the date of the report. Should
another person, firm, corporation, institution, or agency apply
for a permit to salvage that resource, the reporting entity
shall have sixty days to submit its own permit application
and exercise its first refusal right, or the right shall be extinguished. [1988 c 124 § 5.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.110 Contracts for discovery and salvage of
state-owned historic archaeological resources. The
director is hereby authorized to enter into contracts with
other state agencies or institutions and with qualified private
institutions, persons, firms, or corporations for the discovery
and salvage of state-owned historic archaeological resources.
Such contracts shall include but are not limited to the
following terms and conditions:
(1) Historic shipwrecks:
(a) The contract shall provide for fair compensation to
a salvor. "Fair compensation" means an amount not less
than ninety percent of the appraised value of the objects
recovered following successful completion of the contract.
(b) The salvor may retain objects with a value of up to
ninety percent of the appraised value of the total objects
recovered, or cash, or a combination of objects and cash. In
no event may the total of objects and cash exceed ninety
percent of the total appraised value of the objects recovered.
A salvor shall not be entitled to further compensation from
any state sources.
(c) The contract shall provide that the state will be
given first choice of which objects it may wish to retain for
display purposes for the people of the state from among all
the objects recovered. The state may retain objects with a
value of up to ten percent of the appraised value of the total
objects recovered. If the state chooses not to retain recovered objects with a value of up to ten percent of the appraised value, the state shall be entitled to receive its share
in cash or a combination of recovered objects and cash so
long as the state’s total share does not exceed ten percent of
the appraised value of the objects recovered.
(d) The contract shall provide that both the state and the
salvor shall have the right to select a single appraiser or joint
appraisers.
(e) The contract shall also provide that title to the
objects shall pass to the salvor when the permit is issued.
However, should the salvor fail to fully perform under the
terms of the contract, title to all objects recovered shall
revert to the state.
(2) Historic aircraft:
(a) The contract shall provide that historic aircraft
belonging to the state of Washington may only be recovered
if the purpose of that salvage operation is to recover the
aircraft for a museum, historical society, nonprofit organization, or governmental entity.
(b) Title to the aircraft may only be passed by the state
to one of the entities listed in (a) of this subsection.
(c) Compensation to the salvor shall only be derived
from the sale or exchange of the aircraft to one of the
entities listed in (a) of this subsection or such other compensation as one of the entities listed in (a) of this subsection
[Title 27 RCW—page 29]
27.53.110
Title 27 RCW: Libraries, Museums, and Historical Activities
and the salvor may arrange. The salvor shall not have a
claim to compensation from state funds.
(3) Other historic archaeological resources: The
director, in his or her discretion, may negotiate the terms of
such contracts. [1988 c 124 § 6.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.120 Recovery of property from historic
archaeological sites—Mitigation of damage—Refusal to
issue salvage permit to prevent destruction of resource.
The salvor shall agree to mitigate any archaeological damage
which occurs during the salvage operation. The department
shall have access to all property recovered from historic
archaeological sites for purposes of scholarly research and
photographic documentation for a period to be agreed upon
by the parties following completion of the salvage operation.
The department shall also have the right to publish scientific
papers concerning the results of all research conducted as
project mitigation.
The director has the right to refuse to issue a permit for
salvaging an historic archaeological resource if that resource
would be destroyed beyond mitigation by the proposed
salvage operation. Any agency, institution, person, firm, or
corporation which has been denied a permit because the
resource would be destroyed beyond mitigation by their
method of salvage shall have a right of first refusal for that
permit at a future date should technology be found which
would make salvage possible without destroying the resource. Such right of first refusal shall be in effect for sixty
days after the director has determined that salvage can be
accomplished by a subsequent applicant without destroying
the resource.
No person, firm, or corporation may conduct such
salvage or recovery operation herein described without first
obtaining such contract. [1988 c 124 § 7.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.900 Severability—1975 1st ex.s. c 134. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1975 1st ex.s. c 134 § 10.]
27.53.901 Severability—1988 c 124. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 124 § 14.]
Intent—Application—1988 c 124: See notes following RCW
27.53.030.
27.53.130 List of areas requiring permits. The
department shall publish annually and update as necessary a
list of those areas where permits are required to protect
historic archaeological sites on aquatic lands. [1995 c 399
§ 17; 1988 c 124 § 10.]
Intent—Application—1988 c 124: See notes following RCW 27.5
3.030.
27.53.140 Rule-making authority. The department
shall have such rule-making authority as is necessary to
carry out the provisions of this chapter. [1995 c 399 § 18;
1988 c 124 § 11.]
Intent—Application—1988 c 124: See notes following RCW 27.5
3.030.
27.53.150 Proceeds from state’s property—Deposit
and use. Any proceeds from the state’s share of property
under this chapter shall be transmitted to the state treasurer
for deposit in the general fund to be used only for the
purposes of historic preservation and underwater archaeology. [1988 c 124 § 12.]
[Title 27 RCW—page 30]
(2002 Ed.)
Title 28A
COMMON SCHOOL PROVISIONS
Chapters
28A.150
28A.155
28A.160
28A.165
28A.170
28A.175
28A.180
28A.185
28A.190
28A.193
28A.195
28A.200
28A.205
28A.210
28A.215
28A.220
28A.225
28A.230
28A.235
28A.300
28A.305
28A.310
28A.315
28A.320
28A.323
28A.325
28A.330
28A.335
28A.340
28A.343
28A.345
28A.350
28A.400
28A.405
28A.410
28A.415
28A.500
28A.505
28A.510
28A.515
28A.520
(2002 Ed.)
General provisions.
Special education.
Student transportation.
Learning assistance program.
Substance abuse awareness program.
Dropout prevention and retrieval program.
Transitional bilingual instruction program.
Highly capable students.
Residential education programs.
Education programs for juvenile inmates.
Private schools.
Home-based instruction.
Education centers.
Health—Screening and requirements.
Early childhood, preschools, and beforeand-after school care.
Traffic safety.
Compulsory school attendance and admission.
Compulsory course work and activities.
Food services.
Superintendent of public instruction.
State board of education.
Educational service districts.
Organization and reorganization of
school districts.
Provisions applicable to all districts.
Joint school districts—School districts in
two or more educational service districts.
Associated student bodies.
Provisions applicable to school districts.
School districts’ property.
Small high school cooperative projects.
School director districts.
Washington state school directors’ association.
School district warrants—Auditor’s
duties.
Employees.
Certificated employees.
Certification.
Institutes, workshops, and training.
Local effort assistance.
School districts’ budgets.
Apportionment to district—District
accounting.
Common school construction fund.
Forest reserve funds distribution.
28A.525
28A.530
28A.535
28A.540
28A.545
28A.600
28A.605
28A.620
28A.623
28A.625
28A.630
28A.635
28A.640
28A.645
28A.650
28A.655
28A.660
28A.690
28A.900
Bond issues.
District bonds for land, buildings, and
equipment.
Validating indebtedness.
Capital fund aid by nonhigh school
districts.
Payment to high school districts.
Students.
Parent access.
Community education programs.
Meal programs.
Awards.
Temporary provisions—Special projects.
Offenses relating to school property and
personnel.
Sexual equality.
Appeals from board.
Education technology.
Academic achievement and accountability.
Alternative route teacher certification.
Agreement on qualifications of personnel.
Construction.
Actions against school districts: RCW 4.08.120.
Actions by school district in corporate name: RCW 4.08.110.
Alcohol, pure ethyl, purchase of: RCW 66.16.010.
Armories, use of by school children: RCW 38.20.010.
Attorney general, supervision of prosecuting attorney: RCW 36.27.020(3).
Bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
Blind, school for: Chapter 72.40 RCW.
Blind made products, purchase of authorized: RCW 19.06.020.
Bomb threats, penalty: RCW 9.61.160.
Bond issues
declaratory judgments: Chapter 7.25 RCW.
general provisions applicable to
declaratory judgments: Chapter 7.25 RCW.
facsimile signatures, legal sufficiency: RCW 39.44.100.
interest, payment of: RCW 39.44.120.
maturity of bonds: RCW 39.44.070.
registered bonds, statements and signatures: RCW 39.44.102.
registration of bonds, coupon interest payments: RCW 39.44.120.
registration of bonds, designation of fiscal agent to register bonds,
fee: RCW 39.44.130.
mutual savings banks, authorized investment for: RCW 32.20.070,
32.20.090.
refunding bond issues, bankruptcy readjustment and relief from debts:
Chapter 39.64 RCW.
registration of bonds, principal payable to payee or assignee: RCW
39.44.110.
savings and loan associations, investment in: RCW 33.24.050 through
33.24.070.
United States, sale of bonds to at private sale: Chapter 39.48 RCW.
Boxing, kickboxing, martial arts, and wrestling events
exemptions for: RCW 67.08.015.
physical examination of contestants, urinalysis: RCW 67.08.090.
[Title 28A RCW—page 1]
Title 28A
Title 28A RCW: Common School Provisions
Buildings, earthquake standards for construction: RCW 70.86.020,
70.86.030.
Cities and towns operating generating utilities in another county
notice of loss: RCW 35.21.426.
payment formulas: RCW 35.21.427.
reimbursement: RCW 35.21.425.
Clerk of districts, agent to receive summons: RCW 4.28.080.
Common schools
general and uniform system to be established: State Constitution Art. 9
§ 2.
special legislation affecting prohibited: State Constitution Art. 2 § 28.
superintendent of public instruction to supervise: State Constitution Art.
3 § 22.
Condemnation: Chapter 8.16 RCW.
Contracts made in violation of indebtedness limitations void: RCW
39.36.040.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
Crimes relating to
bomb threats to: RCW 9.61.160.
discrimination to deny public accommodations because of race, color or
creed: RCW 9.91.010.
generally: Chapter 28A.635 RCW.
school buses
design, marking of, mode of operation, regulations for, violating:
RCW 46.61.380.
stopped, failure to stop on approaching: RCW 46.61.370.
Deaf, mute, or blind youth in districts, clerks of school districts to make
report of: RCW 72.40.060.
Debts, authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
Declaratory judgments, bond issues: Chapter 7.25 RCW.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
Discrimination to deny public accommodations because of race, color or
creed, penalty: RCW 9.91.010.
Displaced homemaker act: Chapter 28B.04 RCW.
Diverse cultures and languages encouraged—State policy: RCW 1.20.100.
Drivers’ training schools, generally: Chapter 46.82 RCW.
Earthquake standards for construction: RCW 70.86.020, 70.86.030.
Education: State Constitution Art. 9.
Educational employment relations act: Chapter 41.59 RCW.
Educational facilities and programs for state schools for the deaf and blind:
RCW 72.40.028.
Educational service districts
deaf, mute, blind youth, reports of: RCW 72.40.070, 72.40.080.
teachers’ retirement system, employer reports: RCW 41.50.230.
Elections
expenses of consolidated elections, sharing of costs: RCW 29.13.045.
polling places, availability of county, municipality, or special district
facilities as polling places: RCW 29.48.007.
times for holding
first class districts in counties with a population of two hundred ten
thousand or more having first class city: RCW 29.13.060.
in all other counties: RCW 29.13.020.
Elementary or secondary school activities, admission tax exclusion: RCW
36.38.010.
Eminent domain by school districts: Chapter 8.16 RCW.
Employees, qualifications to hold school office: RCW 42.04.020.
Enrollment forecasts: RCW 43.62.050.
Escheats
bank dividends unclaimed after liquidation and winding up escheat to
permanent school fund: RCW 30.44.150, 30.44.180.
estate escheats for support of schools: RCW 11.08.160.
permanent school fund, deposited in: RCW 11.08.160.
trust company dividends unclaimed after liquidation and winding up:
RCW 30.44.150, 30.44.180.
Establishment and maintenance of schools guaranteed: State Constitution
Art. 26 § 4.
[Title 28A RCW—page 2]
Fiscal year defined: RCW 1.16.030.
Free from sectarian control: State Constitution Art. 9 § 4, Art. 26 § 4.
Funds
apportionment by special act forbidden: State Constitution Art. 2 §
28(7).
county school fund, stock on highway, limitations, proceeds of sale to
county school fund: RCW 16.24.070.
general school fund, school patrol uniforms, traffic signs and signals,
insurance for, may be paid from: RCW 46.61.385.
permanent common school fund
applied exclusively to common schools: State Constitution Art. 9
§ 2.
apportionment by special act forbidden: State Constitution Art. 2
§ 28(7).
banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150,
30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
enlargement of, legislature may provide: State Constitution Art. 9
§ 3.
escheated estates deposited in: RCW 11.08.160.
game and game fish lands, payments to in lieu of property taxes:
RCW 77.12.201.
game and game fish lands, withdrawn from lease, payment of
amount of lease into: RCW 77.12.360.
income from, to be applied to common schools: State Constitution
Art. 9 § 2.
interest in deposited in current state school fund, used for current
expenses: State Constitution Art. 9 § 3.
investment generally: State Constitution Art. 16 § 5.
losses occasioned by default, fraud, etc., to become permanent debt
against state: State Constitution Art. 9 § 5.
permanent and irreducible: State Constitution Art. 9 § 3.
safe deposit box contents, unclaimed after liquidation and winding
up of bank or trust company, proceeds from sale deposited in:
RCW 30.44.220.
sources of: State Constitution Art. 9 § 3.
state land
acquired, lease and sale of, disposition of proceeds: RCW
79.01.612.
withdrawn for game purposes, payment of amount of lease
into: RCW 77.12.360.
school fund, fines and forfeitures paid into: RCW 4.24.180.
Garnishment: Chapter 6.27 RCW.
Hearing, reports of deaf, mute, or blind youths in districts: RCW
72.40.060.
High school athletic eligibility, penalty for violating: RCW 67.04.140.
High schools included in public school system: State Constitution Art. 9 §
2.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180.
Indebtedness
authority to contract: State Constitution Art. 8 § 6 (Amendment 27).
bankruptcy readjustment and relief from debts: Chapter 39.64 RCW.
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art. 8 §
6 (Amendment 27).
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59), RCW
84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment
27), RCW 39.36.020.
Intoxicating liquor, retail licenses, proximity limitations: RCW 66.24.010.
Labor relations consultants: RCW 43.09.230.
Lands
adverse possession against: RCW 7.28.090.
defined: RCW 79.01.004.
eminent domain
by cities against: RCW 8.12.030.
(2002 Ed.)
Common School Provisions
by corporations, service of notice: RCW 8.20.020.
by railroads and canal companies against: RCW 81.36.010.
by school districts: Chapter 8.16 RCW.
by state, service of notice: RCW 8.04.020.
parks and recreation commission, relinquishment of control over school
lands: RCW 79A.05.175.
sale of
educational lands, board of natural resources to fix value: RCW
79.01.092.
generally: State Constitution Art. 16 §§ 2-4.
school district purchases of, maximum and minimum areas,
preference right to purchase: RCW 79.01.096.
sale or lease of land and valuable materials, supervision and control of
natural resources department over: RCW 79.01.094.
state lands, included in: RCW 79.01.004.
state parks and recreation, relinquishment of control over state lands:
RCW 79A.05.175.
Legal adviser, prosecuting attorney as: RCW 36.27.020(2), (3).
Libraries, contracts for library service: RCW 27.12.180.
Medical schools, requisites for accreditation and approval: RCW
18.71.055.
Meetings, minutes of governmental bodies: Chapter 42.32 RCW.
Motor vehicles, speed regulations when passing public school or playground cross walk: RCW 46.61.440.
Open to all children of state: State Constitution Art. 9 § 1, Art. 26 § 4.
Parental responsibility for handicapped children: Chapter 26.40 RCW.
Parental schools
general powers: RCW 72.05.300.
personnel: RCW 72.05.310.
Parks and recreation
authority to acquire and operate: RCW 67.20.010.
parks, beaches and camps, authority generally: Chapter 67.20 RCW.
Periodicals, purchase of, manner of payment: RCW 42.24.035.
Port and other district dissolution, disposal of funds: RCW 53.48.050,
53.49.010, 53.49.020.
Printing
contracts for outside state work, labor requirements: RCW 43.78.150.
must be done within state, exception: RCW 43.78.130, 43.78.140.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Public employment—Evidence of educational competence: RCW 41.04.015.
Public lands: Title 79 RCW.
Public libraries: Chapter 27.12 RCW.
Public school system, what included in: State Constitution Art. 9 § 2.
Public utility districts and operating agencies
construction projects causing burden to school districts, reimbursement
of districts: Chapter 54.36 RCW.
privilege tax for school districts: RCW 54.28.080, 54.28.090.
Pupils, residence or absence does not affect right to vote: State Constitution Art. 6 § 4.
Purchases, periodicals, postage, manner of payment: RCW 42.24.035.
Religion, control of schools by, free from: State Constitution Art. 9 § 4,
Art. 26 § 4.
Savings and loan associations, school savings accounts, priority in liquidation distribution: RCW 33.40.050.
School directors’ association to furnish information to legislature and
governor: RCW 44.04.170.
School districts
clerks
agent to receive service of summons: RCW 4.28.080.
deaf, mute, or blind youth in district, report of: RCW 72.40.060.
contracts, indebtedness limitations, contracts made in violation of void:
RCW 39.36.040.
fiscal year defined: RCW 1.16.030.
indebtedness
computation of indebtedness: RCW 39.36.030.
exceeding limitations upon, capital outlays: State Constitution Art.
8 § 6 (Amendment 27).
(2002 Ed.)
Title 28A
limitation on levies: State Constitution Art. 7 § 2 (Amendment 59),
RCW 84.52.050.
limitations upon
contracts made in violation of void: RCW 39.36.040.
definitions: RCW 39.36.010.
exceeding limitations, capital outlays: RCW 39.36.020.
liabilities incurred in violation void: RCW 39.36.040.
limitations prescribed: State Constitution Art. 8 § 6 (Amendment 27), RCW 39.36.020.
printing must be done within state: RCW 43.78.130.
service of summons to, personal service: RCW 4.28.080.
teachers’ retirement system, employer reports: RCW 41.50.230.
School patrol: RCW 46.61.385.
Sectarian control, free from: State Constitution Art. 9 § 4.
State otologists, duties of: RCW 70.50.010, 70.50.020.
State school for blind: Chapter 72.40 RCW.
State school for deaf: Chapter 72.40 RCW.
State toxicological laboratories: RCW 68.50.107.
Superintendents, duties: State Constitution Art. 3 § 22.
System of schools to be established by state: State Constitution Art. 9 § 2.
Taxation, property taxes, exemptions: State Constitution Art. 7 § 1
(Amendment 14).
Taxing district relief act: Chapter 39.64 RCW.
Teachers’ retirement and pensions: Chapter 41.32 RCW.
Technical schools, included in public school system: State Constitution Art.
9 § 2.
Traffic school of city or town and county: Chapter 46.83 RCW.
Transportation
school buses
crossing arms: RCW 46.37.620.
defined for motor vehicle law: RCW 46.04.521.
design, marking and mode of operation, motor vehicle regulations:
RCW 46.61.380.
highway-railroad grade crossings, to stop at: RCW 46.61.350.
lighting and safety devices: RCW 46.37.290.
seat and load capacity fees, exempt from: RCW 46.16.150.
signal lamps, displaying alternately flashing red lights, to have:
RCW 46.37.190.
special lighting equipment on: RCW 46.37.290.
stop signals and flasher signal lamps: RCW 46.61.370(1).
stopped school bus, vehicle must stop on approaching: RCW
46.61.370(1).
vehicle license and plates, inspection requisite: RCW 46.16.020.
special warning equipment and lighting regulated by the Washington
state patrol: RCW 46.37.290.
Warrants
interest rate: RCW 39.56.020.
rate fixed by issuing officer: RCW 39.56.030.
Year, fiscal year defined: RCW 1.16.030.
Chapter 28A.150
GENERAL PROVISIONS
Sections
28A.150.010
28A.150.020
28A.150.030
28A.150.040
28A.150.050
28A.150.060
28A.150.070
28A.150.080
28A.150.100
28A.150.200
28A.150.205
28A.150.210
28A.150.211
Public schools.
Common schools.
School day.
School year—Beginning—End.
School holidays.
Certificated employee.
General public school system—Administration.
Superintendent of the school district.
Basic education certificated instructional staff—
Definition—Ratio to students.
Basic Education Act—Program contents—As meeting
constitutional requirements.
Definition.
Basic Education Act—Goal.
Values and traits recognized.
[Title 28A RCW—page 3]
Chapter 28A.150
28A.150.220
28A.150.230
28A.150.240
28A.150.250
28A.150.260
28A.150.270
28A.150.275
28A.150.280
28A.150.290
28A.150.295
28A.150.300
28A.150.305
28A.150.310
28A.150.350
28A.150.360
28A.150.370
28A.150.380
28A.150.390
28A.150.400
28A.150.410
28A.150.420
28A.150.500
28A.150.510
Title 28A RCW: Common School Provisions
Basic Education Act—Program requirements—
Program accessibility—Rules.
Basic Education Act—District school directors as
accountable for proper operation of district—
Scope—Responsibilities.
Basic Education Act—Certificated teaching and administrative staff as accountable for classroom
teaching—Scope—Responsibilities—Penalty.
Annual basic education allocation of funds according
to average FTE student enrollment—
Student/teacher ratio standard.
Annual basic education allocation of funds according
to average FTE student enrollment—Procedure to
determine distribution formula—Submittal to legislature—Enrollment, FTE student, certificated and
classified staff, defined.
Annual basic education allocation of funds according
to average FTE student enrollment—Procedure for
crediting portion for school building purposes.
Annual basic education allocation for students in technical colleges.
Reimbursement for acquisition of approved transportation equipment—Method.
State superintendent to make rules and regulations—
Unforeseen conditions or actions to be recognized—Paperwork limited.
General public school system—Maintained.
Corporal punishment prohibited—Adoption of policy.
Alternative educational service providers—Student
eligibility.
National guard youth challenge program—Allocation
of funding—Rules.
Part time students—Defined—Enrollment authorized—
Reimbursement for costs—Funding authority recognition—Rules, regulations.
Adjustments to meet emergencies.
Additional programs for which legislative appropriations must or may be made.
Appropriations by legislature.
Appropriations for special education programs.
Apportionment factors to be based on current figures—Rules and regulations.
Basic education certificated instructional staff—Salary
allocation schedule—Limits on postgraduate credits.
Reimbursement for classes provided outside regular
school year.
Educational agencies offering vocational education
programs—Local advisory committees—Advice on
current job needs.
Release of education records to department of social
and health services.
28A.150.010 Public schools. Public schools shall
mean the common schools as referred to in Article IX of the
state Constitution and those schools and institutions of
learning having a curriculum below the college or university
level as now or may be established by law and maintained
at public expense. [1969 ex.s. c 223 § 28A.01.055. Formerly RCW 28A.01.055.]
28A.150.020 Common schools. "Common schools"
means schools maintained at public expense in each school
district and carrying on a program from kindergarten through
the twelfth grade or any part thereof including vocational
educational courses otherwise permitted by law. [1969 ex.s.
c 223 § 28A.01.060. Prior: 1909 c 97 p 261 § 1, part; RRS
§ 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44,
part. Formerly RCW 28A.01.060, 28.58.190, part,
28.01.060.]
[Title 28A RCW—page 4]
28A.150.030 School day. A school day shall mean
each day of the school year on which pupils enrolled in the
common schools of a school district are engaged in educational activity planned by and under the direction of the
school district staff, as directed by the administration and
board of directors of the district. [1971 ex.s. c 161 § 1;
1969 ex.s. c 223 § 28A.01.010. Prior: (i) 1909 c 97 p 262
§ 3, part; RRS § 4687, part; prior: 1903 c 104 § 22, part;
1897 c 118 § 66, part; 1890 p 372 § 46. Formerly RCW
28.01.010, part. (ii) 1917 c 127 § 1, part; RRS § 5098, part.
Cf. 1911 c 82 § 1, part; 1909 c 97 p 371 subchapter 19,
part; 1897 c 118 § 181, part. Formerly RCW 28A.01.010,
28.35.030, part.]
28A.150.040 School year—Beginning—End. The
school year shall begin on the first day of September and
end with the last day of August: PROVIDED, That any
school district may elect to commence the minimum annual
school term as required under RCW 28A.150.220 in the
month of August of any calendar year and in such case the
operation of a school district for such period in August shall
be credited by the superintendent of public instruction to the
succeeding school year for the purpose of the allocation and
distribution of state funds for the support of such school
district. [1990 c 33 § 101; 1982 c 158 § 5; 1977 ex.s. c 286
§ 1; 1975-’76 2nd ex.s. c 118 § 22; 1969 ex.s. c 223 §
28A.01.020. Prior: 1909 c 97 p 262 § 4; RRS § 4688;
prior: 1897 c 118 § 67; 1890 p 373 § 49. Formerly RCW
28A.01.020, 28.01.020.]
Severability—1982 c 158: See note following RCW 28A.150.220.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.150.050 School holidays. The following are
school holidays, and school shall not be taught on these
days: Sunday; the first day of January, commonly called
New Year’s Day; the third Monday of January, being
celebrated as the anniversary of the birth of Martin Luther
King, Jr.; the third Monday in February to be known as
Presidents’ Day and to be celebrated as the anniversary of
the births of Abraham Lincoln and George Washington; the
last Monday in May, commonly known as Memorial Day;
the fourth day of July, being the anniversary of the Declaration of Independence; the first Monday in September, to be
known as Labor Day; the eleventh day of November, to be
known as Veterans’ Day, the fourth Thursday in November,
commonly known as Thanksgiving Day; the day immediately
following Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day: PROVIDED, That no
reduction from the teacher’s time or salary shall be made by
reason of the fact that a school day happens to be one of the
days referred to in this section as a day on which school
shall not be taught. [1989 c 233 § 11; 1985 c 189 § 2; 1984
c 92 § 1; 1975-’76 2nd ex.s. c 24 § 2; 1973 c 32 § 1; 1969
ex.s. c 283 § 13. Prior: 1969 ex.s. c 223 § 28A.02.060;
prior: 1955 c 20 § 2; 1909 c 97 p 308 § 6; RRS § 4853.
Formerly RCW 28A.02.061, 28A.02.060, 28.02.060.]
Severability—1969 ex.s. c 283: "If any provision of this 1969
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1969 ex.s. c 283 § 59.]
"Legal holidays": RCW 1.16.050.
(2002 Ed.)
General Provisions
28A.150.060 Certificated employee. The term
"certificated employee" as used in RCW 28A.195.010,
28A.150.060, 28A.150.260, 28A.405.100, 28A.405.210,
28A.405.240, 28A.405.250, 28A.405.300 through
28A.405.380, and chapter 41.59 RCW, shall include those
persons who hold certificates as authorized by rule or
regulation of the state board of education or the superintendent of public instruction. [1990 c 33 § 102; 1977 ex.s.
c 359 § 17; 1975 1st ex.s. c 288 § 21; 1973 1st ex.s. c 105
§ 1. Formerly RCW 28A.01.130.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Effective dates—1975 1st ex.s. c 288: See RCW 41.59.940.
Severability—1975 1st ex.s. c 288: See RCW 41.59.950.
Basic Education Act, RCW 28A.150.060 as part of: RCW 28A.150.200.
Construction of chapter—Employee’s rights preserved: RCW 41.59.920.
Construction of chapter—Employer’s responsibilities and rights preserved:
RCW 41.59.930.
28A.150.070 General public school system—
Administration. The administration of the public school
system shall be entrusted to such state and local officials,
boards, and committees as the state Constitution and the laws
of the state shall provide. [1969 ex.s. c 223 § 28A.02.020.
Prior: 1909 c 97 p 230 § 2; RRS § 4519; prior: 1897 c 118
§ 19; 1890 p 348 § 2; Code 1881 §§ 3154, 3155; 1861 p 55
§ 1. Formerly RCW 28A.02.020, 28.02.020.]
28A.150.080 Superintendent of the school district.
"Superintendent of the school district", if there be no such
superintendent, shall mean such other administrative or
certificated employee as the school district board of directors
shall so designate. [1969 ex.s. c 223 § 28A.01.100.
Formerly RCW 28A.01.100.]
28A.150.100 Basic education certificated instructional staff—Definition—Ratio to students. (1) For the
purposes of this section and RCW 28A.150.410 and
28A.400.200, "basic education certificated instructional staff"
shall mean all full time equivalent certificated instructional
staff in the following programs as defined for statewide
school district accounting purposes: Basic education,
secondary vocational education, general instructional support,
and general supportive services.
(2) In the 1988-89 school year and thereafter, each
school district shall maintain a ratio of at least forty-six basic
education certificated instructional staff to one thousand
annual average full time equivalent students. [1990 c 33 §
103; 1987 1st ex.s. c 2 § 203. Formerly RCW 28A.41.110.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.150.200 Basic Education Act—Program
contents—As meeting constitutional requirements. *This
1977 amendatory act shall be known and may be cited as
"The Washington Basic Education Act of 1977." The
program evolving from the Basic Education Act shall include
(1) the goal of the school system as defined in RCW
28A.150.210, (2) those program requirements enumerated in
RCW 28A.150.220, and (3) the determination and distribu(2002 Ed.)
28A.150.060
tion of state resources as defined in RCW 28A.150.250 and
28A.150.260.
The requirements of the Basic Education Act are
deemed by the legislature to comply with the requirements
of Article IX, section 1 of the state Constitution, which
states that "It is the paramount duty of the state to make
ample provision for the education of all children residing
within its borders, without distinction or preference on
account of race, color, caste, or sex," and are adopted
pursuant to Article IX, section 2 of the state Constitution,
which states that "The legislature shall provide for a general
and uniform system of public schools." [1990 c 33 § 104;
1977 ex.s. c 359 § 1. Formerly RCW 28A.58.750.]
*Reviser’s note: For codification of "this 1977 amendatory act"
[1977 ex.s. c 359], see Codification Tables, Volume 0.
Effective date—1977 ex.s. c 359: "This 1977 amendatory act shall
take effect September 1, 1978." [1977 ex.s. c 359 § 22.]
Severability—1977 ex.s. c 359: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 359 § 21.]
28A.150.205 Definition. Unless the context clearly
requires otherwise, the definition in this section applies
throughout RCW 28A.150.200 through 28A.150.295.
"Instructional hours" means those hours students are
provided the opportunity to engage in educational activity
planned by and under the direction of school district staff, as
directed by the administration and board of directors of the
district, inclusive of intermissions for class changes, recess,
and teacher/parent-guardian conferences that are planned and
scheduled by the district for the purpose of discussing
students’ educational needs or progress, and exclusive of
time actually spent for meals. [1992 c 141 § 502.]
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507:
"Sections 502 through 504, 506, and 507 of this act shall take effect
September 1, 2000. However, these sections shall not take effect if, by
September 1, 2000, a law is enacted stating that a school accountability and
academic assessment system is not in place." [1993 c 336 § 1202; 1992 c
141 § 509.] That law was not enacted by September 1, 2000.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
28A.150.210 Basic Education Act—Goal. The goal
of the Basic Education Act for the schools of the state of
Washington set forth in this chapter shall be to provide
students with the opportunity to become responsible citizens,
to contribute to their own economic well-being and to that
of their families and communities, and to enjoy productive
and satisfying lives. To these ends, the goals of each school
district, with the involvement of parents and community
members, shall be to provide opportunities for all students to
develop the knowledge and skills essential to:
(1) Read with comprehension, write with skill, and
communicate effectively and responsibly in a variety of ways
and settings;
(2) Know and apply the core concepts and principles of
mathematics; social, physical, and life sciences; civics and
history; geography; arts; and health and fitness;
(3) Think analytically, logically, and creatively, and to
integrate experience and knowledge to form reasoned
judgments and solve problems; and
[Title 28A RCW—page 5]
28A.150.210
Title 28A RCW: Common School Provisions
(4) Understand the importance of work and how
performance, effort, and decisions directly affect future
career and educational opportunities. [1993 c 336 § 101;
(1992 c 141 § 501 repealed by 1993 c 336 § 1203); 1977
ex.s. c 359 § 2. Formerly RCW 28A.58.752.]
Findings—Intent—1993 c 336: "The legislature finds that student
achievement in Washington must be improved to keep pace with societal
changes, changes in the workplace, and an increasingly competitive
international economy.
To increase student achievement, the legislature finds that the state of
Washington needs to develop a public school system that focuses more on
the educational performance of students, that includes high expectations for
all students, and that provides more flexibility for school boards and
educators in how instruction is provided.
The legislature further finds that improving student achievement will
require:
(1) Establishing what is expected of students, with standards set at
internationally competitive levels;
(2) Parents to be primary partners in the education of their children,
and to play a significantly greater role in local school decision making;
(3) Students taking more responsibility for their education;
(4) Time and resources for educators to collaboratively develop and
implement strategies for improved student learning;
(5) Making instructional programs more relevant to students’ future
plans;
(6) All parties responsible for education to focus more on what is best
for students; and
(7) An educational environment that fosters mutually respectful
interactions in an atmosphere of collaboration and cooperation.
It is the intent of the legislature to provide students the opportunity to
achieve at significantly higher levels, and to provide alternative or additional
instructional opportunities to help students who are having difficulty
meeting the essential academic learning requirements in RCW 28A.630.885.
It is also the intent of the legislature that students who have met or
exceeded the essential academic learning requirements be provided with
alternative or additional instructional opportunities to help advance their
educational experience.
The provisions of chapter 336, Laws of 1993 shall not be construed
to change current state requirements for students who receive home-based
instruction under chapter 28A.200 RCW, or for students who attend stateapproved private schools under chapter 28A.195 RCW." [1993 c 336 § 1.]
Effective date—1993 c 336 § 101: "Section 101 of this act shall take
effect September 1, 1994." [1993 c 336 § 102.]
Findings—1993 c 336: "(1) The legislature finds that preparing
students to make successful transitions from school to work helps promote
educational, career, and personal success for all students.
(2) A successful school experience should prepare students to make
informed career direction decisions at critical points in their educational
progress. Schools that demonstrate the relevancy and practical application
of course work will expose students to a broad range of interrelated career
and educational opportunities and will expand students’ posthigh school
options.
(3) The school-to-work transitions program, under chapter 335, Laws
of 1993, is intended to help secondary schools develop model programs for
school-to-work transitions. The purposes of the model programs are to
provide incentives for selected schools to:
(a) Integrate vocational and academic instruction into a single
curriculum;
(b) Provide each student with a choice of multiple, flexible educational
pathways based on the student’s career interest areas;
(c) Emphasize increased vocational and academic guidance and
counseling for students;
(d) Foster partnerships with local employers and employees to
incorporate work sites as part of work-based learning experiences;
(e) Encourage collaboration among middle or junior high schools and
secondary schools in developing successful transition programs and to
encourage articulation agreements between secondary schools and community and technical colleges.
(4) The legislature further finds that successful implementation of the
school-to-work transitions program is an important part of achieving the
purposes of chapter 336, Laws of 1993." [1993 c 336 § 601.]
Part headings not law—1993 c 336: "Part headings as used in this
act constitute no part of the law." [1993 c 336 § 1204.]
[Title 28A RCW—page 6]
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.211 Values and traits recognized. The
legislature also recognizes that certain basic values and
character traits are essential to individual liberty, fulfillment,
and happiness. However, these values and traits are not
intended to be assessed or be standards for graduation. The
legislature intends that local communities have the responsibility for determining how these values and character traits
are learned as determined by consensus at the local level.
These values and traits include the importance of:
(1) Honesty, integrity, and trust;
(2) Respect for self and others;
(3) Responsibility for personal actions and commitments;
(4) Self-discipline and moderation;
(5) Diligence and a positive work ethic;
(6) Respect for law and authority;
(7) Healthy and positive behavior; and
(8) Family as the basis of society. [1994 c 245 § 10.]
Effective date—1994 c 245 § 10: "Section 10 of this act shall take
effect September 1, 1994." [1994 c 245 § 15.]
28A.150.220 Basic Education Act—Program
requirements—Program accessibility—Rules. (1) Satisfaction of the basic education program requirements identified in RCW 28A.150.210 shall be considered to be implemented by the following program:
(a) Each school district shall make available to students
enrolled in kindergarten at least a total instructional offering
of four hundred fifty hours. The program shall include
instruction in the essential academic learning requirements
under *RCW 28A.630.885 and such other subjects and such
activities as the school district shall determine to be appropriate for the education of the school district’s students
enrolled in such program;
(b) Each school district shall make available to students
enrolled in grades one through twelve, at least a district-wide
annual average total instructional hour offering of one
thousand hours. The state board of education may define
alternatives to classroom instructional time for students in
grades nine through twelve enrolled in alternative learning
experiences. The state board of education shall establish
rules to determine annual average instructional hours for
districts including fewer than twelve grades. The program
shall include the essential academic learning requirements
under *RCW 28A.630.885 and such other subjects and such
activities as the school district shall determine to be appropriate for the education of the school district’s students
enrolled in such group;
(c) If the essential academic learning requirements
include a requirement of languages other than English, the
requirement may be met by students receiving instruction in
one or more American Indian languages.
(2) Nothing contained in subsection (1) of this section
shall be construed to require individual students to attend
school for any particular number of hours per day or to take
any particular courses.
(2002 Ed.)
General Provisions
(3) Each school district’s kindergarten through twelfth
grade basic educational program shall be accessible to all
students who are five years of age, as provided by RCW
28A.225.160, and less than twenty-one years of age and shall
consist of a minimum of one hundred eighty school days per
school year in such grades as are conducted by a school
district, and one hundred eighty half-days of instruction, or
equivalent, in kindergarten: PROVIDED, That effective
May 1, 1979, a school district may schedule the last five
school days of the one hundred and eighty day school year
for noninstructional purposes in the case of students who are
graduating from high school, including, but not limited to,
the observance of graduation and early release from school
upon the request of a student, and all such students may be
claimed as a full time equivalent student to the extent they
could otherwise have been so claimed for the purposes of
RCW 28A.150.250 and 28A.150.260.
(4) The state board of education shall adopt rules to
implement and ensure compliance with the program requirements imposed by this section, RCW 28A.150.250 and
28A.150.260, and such related supplemental program
approval requirements as the state board may establish.
[1993 c 371 § 2; (1995 c 77 § 1 and 1993 c 371 § 1 expired
September 1, 2000); 1992 c 141 § 503; 1990 c 33 § 105;
1982 c 158 § 1; 1979 ex.s. c 250 § 1; 1977 ex.s. c 359 § 3.
Formerly RCW 28A.58.754.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
Contingent expiration date—1995 c 77 § 1: "Section 1 of this act
shall expire September 1, 2000. However, section 1 of this act shall not
expire if, by September 1, 2000, a law is not enacted stating that a school
accountability and academic assessment system is not in place." [1995 c 77
§ 32.] That law was not enacted by September 1, 2000.
Contingent effective date—1993 c 371 § 2: "Section 2 of this act
shall take effect September 1, 2000. However, section 2 of this act shall not
take effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1993 c
371 § 5.] That law was not enacted by September 1, 2000.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507:
See note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Severability—1982 c 158: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 158 § 8.]
Effective date—1979 ex.s. c 250: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and
except as otherwise provided in subsection (5) of section 1, and section 2
of this amendatory act, shall take effect August 15, 1979." [1979 ex.s. c
250 § 10.]
Severability—1979 ex.s. c 250: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 250 § 11.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.230 Basic Education Act—District school
directors as accountable for proper operation of district—Scope—Responsibilities. (1) It is the intent and
purpose of this section to guarantee that each common
school district board of directors, whether or not acting
through its respective administrative staff, be held account(2002 Ed.)
28A.150.220
able for the proper operation of their district to the local
community and its electorate. In accordance with the
provisions of Title 28A RCW, as now or hereafter amended,
each common school district board of directors shall be
vested with the final responsibility for the setting of policies
ensuring quality in the content and extent of its educational
program and that such program provide students with the
opportunity to achieve those skills which are generally
recognized as requisite to learning.
(2) In conformance with the provisions of Title 28A
RCW, as now or hereafter amended, it shall be the responsibility of each common school district board of directors to
adopt policies to:
(a) Establish performance criteria and an evaluation
process for its certificated personnel, including administrative
staff, and for all programs constituting a part of such
district’s curriculum;
(b) Determine the final assignment of staff, certificated
or classified, according to board enumerated classroom and
program needs;
(c) Determine the amount of instructional hours necessary for any student to acquire a quality education in such
district, in not less than an amount otherwise required in
RCW 28A.150.220, or rules and regulations of the state
board of education;
(d) Determine the allocation of staff time, whether
certificated or classified;
(e) Establish final curriculum standards consistent with
law and rules and regulations of the state board of education,
relevant to the particular needs of district students or the
unusual characteristics of the district, and ensuring a quality
education for each student in the district; and
(f) Evaluate teaching materials, including text books,
teaching aids, handouts, or other printed material, in public
hearing upon complaint by parents, guardians or custodians
of students who consider dissemination of such material to
students objectionable. [1994 c 245 § 9; 1991 c 61 § 1;
1990 c 33 § 106; 1979 ex.s. c 250 § 7; 1977 ex.s. c 359 §
18. Formerly RCW 28A.58.758.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.240 Basic Education Act—Certificated
teaching and administrative staff as accountable for
classroom teaching—Scope—Responsibilities—Penalty.
(1) It is the intended purpose of this section to guarantee that
the certificated teaching and administrative staff in each
common school district be held accountable for the proper
and efficient conduct of classroom teaching in their school
which will provide students with the opportunity to achieve
those skills which are generally recognized as requisite to
learning.
(2) In conformance with the other provisions of Title
28A RCW, it shall be the responsibility of the certificated
teaching and administrative staff in each common school to:
(a) Implement the district’s prescribed curriculum and
enforce, within their area of responsibility, the rules and
regulations of the school district, the state superintendent of
public instruction, and the state board of education, taking
into due consideration individual differences among students,
[Title 28A RCW—page 7]
28A.150.240
Title 28A RCW: Common School Provisions
and maintain and render appropriate records and reports
pertaining thereto.
(b) Maintain good order and discipline in their classrooms at all times.
(c) Hold students to a strict accountability while in
school for any disorderly conduct while under their supervision.
(d) Require excuses from the parents, guardians, or
custodians of minor students in all cases of absence, late
arrival to school, or early dismissal.
(e) Give careful attention to the maintenance of a
healthful atmosphere in the classroom.
(f) Give careful attention to the safety of the student in
the classroom and report any doubtful or unsafe conditions
to the building administrator.
(g) Evaluate each student’s educational growth and
development and make periodic reports thereon to parents,
guardians, or custodians and to school administrators.
Failure to carry out such requirements as set forth in
subsection (2)(a) through (g) above shall constitute sufficient
cause for discharge of any member of such teaching or
administrative staff. [1979 ex.s. c 250 § 5; 1977 ex.s. c 359
§ 19. Formerly RCW 28A.58.760.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
28A.150.250 Annual basic education allocation of
funds according to average FTE student enrollment—
Student/teacher ratio standard. From those funds made
available by the legislature for the current use of the common schools, the superintendent of public instruction shall
distribute annually as provided in RCW 28A.510.250 to each
school district of the state operating a program approved by
the state board of education an amount which, when combined with an appropriate portion of such locally available
revenues, other than receipts from federal forest revenues
distributed to school districts pursuant to RCW 28A.520.010
and 28A.520.020, as the superintendent of public instruction
may deem appropriate for consideration in computing state
equalization support, excluding excess property tax levies,
will constitute a basic education allocation in dollars for each
annual average full time equivalent student enrolled, based
upon one full school year of one hundred eighty days, except
that for kindergartens one full school year shall be one
hundred eighty half days of instruction, or the equivalent as
provided in RCW 28A.150.220.
Basic education shall be considered to be fully funded
by those amounts of dollars appropriated by the legislature
pursuant to RCW 28A.150.250 and 28A.150.260 to fund
those program requirements identified in RCW 28A.150.220
in accordance with the formula and ratios provided in RCW
28A.150.260 and those amounts of dollars appropriated by
the legislature to fund the salary requirements of RCW
28A.150.100 and 28A.150.410.
Operation of a program approved by the state board of
education, for the purposes of this section, shall include a
finding that the ratio of students per classroom teacher in
grades kindergarten through three is not greater than the ratio
of students per classroom teacher in grades four and above
for such district: PROVIDED, That for the purposes of this
[Title 28A RCW—page 8]
section, "classroom teacher" shall be defined as an instructional employee possessing at least a provisional certificate,
but not necessarily employed as a certificated employee,
whose primary duty is the daily educational instruction of
students: PROVIDED FURTHER, That the state board of
education shall adopt rules and regulations to insure compliance with the student/teacher ratio provisions of this section,
and such rules and regulations shall allow for exemptions for
those special programs and/or school districts which may be
deemed unable to practicably meet the student/teacher ratio
requirements of this section by virtue of a small number of
students.
If a school district’s basic education program fails to
meet the basic education requirements enumerated in RCW
28A.150.250, 28A.150.260, and 28A.150.220, the state board
of education shall require the superintendent of public
instruction to withhold state funds in whole or in part for the
basic education allocation until program compliance is
assured: PROVIDED, That the state board of education may
waive this requirement in the event of substantial lack of
classroom space. [1990 c 33 § 107; 1987 1st ex.s. c 2 §
201; 1986 c 144 § 1; 1983 c 3 § 30; 1982 c 158 § 3; 1982
c 158 § 2; 1980 c 154 § 12; 1979 ex.s. c 250 § 2; 1977 ex.s.
c 359 § 4; 1975 1st ex.s. c 211 § 1; 1973 2nd ex.s. c 4 § 1;
1973 1st ex.s. c 195 § 9; 1973 c 46 § 2. See also 1973 1st
ex.s. c 195 §§ 136, 137, 138 and 139. Prior: 1972 ex.s. c
124 § 1; 1972 ex.s. c 105 § 2; 1971 ex.s. c 294 § 19; 1969
c 138 § 2; 1969 ex.s. c 223 § 28A.41.130; prior: 1967 ex.s.
c 140 § 3; 1965 ex.s. c 171 § 1; 1965 ex.s. c 154 § 2; prior:
(i) 1949 c 212 § 1, part; 1945 c 141 § 4, part; 1923 c 96 §
1, part; 1911 c 118 § 1, part; 1909 c 97 p 312 §§ 7-10, part;
Rem. Supp. 1949 § 4940-4, part. (ii) 1949 c 212 § 2, part;
1945 c 141 § 5, part; 1909 c 97 p 312 §§ 7-10, part; Rem.
Supp. 1949 § 4940-5, part. Formerly RCW 28A.41.130,
28.41.130.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Effective date—1986 c 144: "Section 1 of this act shall be effective
September 1, 1987." [1986 c 144 § 2.]
Severability—1982 c 158: See note following RCW 28A.150.220.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Emergency—Effective date—1973 2nd ex.s. c 4: See notes
following RCW 84.52.043.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—1972 ex.s. c 124: "This 1972 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety and the support of the state government and its existing public
institutions, and sections 2, 3, 4, 6, 7 and 11 shall take effect immediately
[February 25, 1972]; sections 1, 8, 9 and 10 hereof shall take effect July 1,
1973; and section 5 hereof shall take effect July 1, 1974." [1972 ex.s. c 124
§ 12.]
Severability—1972 ex.s. c 124: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 124 § 13.]
Effective date—1972 ex.s. c 105: "This act except for section 4 will
take effect July 1, 1973." [1972 ex.s. c 105 § 5.]
(2002 Ed.)
General Provisions
Severability—1972 ex.s. c 105: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1972 ex.s. c 105 § 6.]
Basic Education Act, RCW 28A.150.250 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
28A.150.260 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure to determine distribution formula—Submittal
to legislature—Enrollment, FTE student, certificated and
classified staff, defined. The basic education allocation for
each annual average full time equivalent student shall be
determined in accordance with the following procedures:
(1) The governor shall and the superintendent of public
instruction may recommend to the legislature a formula
based on a ratio of students to staff for the distribution of a
basic education allocation for each annual average full time
equivalent student enrolled in a common school. The
distribution formula shall have the primary objective of
equalizing educational opportunities and shall provide
appropriate recognition of the following costs among the
various districts within the state:
(a) Certificated instructional staff and their related costs;
(b) Certificated administrative staff and their related
costs;
(c) Classified staff and their related costs;
(d) Nonsalary costs;
(e) Extraordinary costs of remote and necessary schools
and small high schools, including costs of additional certificated and classified staff; and
(f) The attendance of students pursuant to RCW
28A.335.160 and 28A.225.250 who do not reside within the
servicing school district.
(2)(a) This formula for distribution of basic education
funds shall be reviewed biennially by the superintendent and
governor. The recommended formula shall be subject to
approval, amendment or rejection by the legislature. The
formula shall be for allocation purposes only. While the
legislature intends that the allocations for additional instructional staff be used to increase the ratio of such staff to
students, nothing in this section shall require districts to
reduce the number of administrative staff below existing
levels.
(b) The formula adopted by the legislature shall reflect
the following ratios at a minimum: (i) Forty-nine certificated instructional staff to one thousand annual average full
time equivalent students enrolled in grades kindergarten
through three; (ii) forty-six certificated instructional staff to
one thousand annual average full time equivalent students in
grades four through twelve; (iii) four certificated administrative staff to one thousand annual average full time equivalent
students in grades kindergarten through twelve; and (iv)
sixteen and sixty-seven one-hundredths classified personnel
to one thousand annual average full time equivalent students
enrolled in grades kindergarten through twelve.
(c) In the event the legislature rejects the distribution
formula recommended by the governor, without adopting a
new distribution formula, the distribution formula for the
previous school year shall remain in effect: PROVIDED,
That the distribution formula developed pursuant to this
(2002 Ed.)
28A.150.250
section shall be for state apportionment and equalization
purposes only and shall not be construed as mandating
specific operational functions of local school districts other
than those program requirements identified in RCW
28A.150.220 and 28A.150.100. The enrollment of any
district shall be the annual average number of full time
equivalent students and part time students as provided in
RCW 28A.150.350, enrolled on the first school day of each
month and shall exclude full time equivalent students with
disabilities recognized for the purposes of allocation of state
funds for programs under RCW 28A.155.010 through
28A.155.100. The definition of full time equivalent student
shall be determined by rules of the superintendent of public
instruction: PROVIDED, That the definition shall be
included as part of the superintendent’s biennial budget
request: PROVIDED, FURTHER, That any revision of the
present definition shall not take effect until approved by the
house appropriations committee and the senate ways and
means committee: PROVIDED, FURTHER, That the office
of financial management shall make a monthly review of the
superintendent’s reported full time equivalent students in the
common schools in conjunction with RCW 43.62.050.
(3)(a) Certificated instructional staff shall include those
persons employed by a school district who are
nonsupervisory employees within the meaning of RCW
41.59.020(8): PROVIDED, That in exceptional cases,
people of unusual competence but without certification may
teach students so long as a certificated person exercises
general supervision: PROVIDED, FURTHER, That the
hiring of such classified people shall not occur during a
labor dispute and such classified people shall not be hired to
replace certificated employees during a labor dispute.
(b) Certificated administrative staff shall include all
those persons who are chief executive officers, chief administrative officers, confidential employees, supervisors,
principals, or assistant principals within the meaning of
RCW 41.59.020(4). [1997 c 13 § 2; (1997 c 13 § 1 and
1995 c 77 § 2 expired September 1, 2000); 1995 c 77 § 3;
1992 c 141 § 507; 1992 c 141 § 303; 1991 c 116 § 10; 1990
c 33 § 108; 1987 1st ex.s. c 2 § 202; 1985 c 349 § 5; 1983
c 229 § 1; 1979 ex.s. c 250 § 3; 1979 c 151 § 12; 1977 ex.s.
c 359 § 5; 1969 ex.s. c 244 § 14. Prior: 1969 ex.s. c 217
§ 3; 1969 c 130 § 7; 1969 ex.s. c 223 § 28A.41.140; prior:
1965 ex.s. c 154 § 3. Formerly RCW 28A.41.140,
28.41.140.]
Contingent effective date—1997 c 13 § 2: "Section 2 of this act
shall take effect September 1, 2000. However, section 2 of this act shall not
take effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1997 c 13
§ 15.] That law was not enacted by September 1, 2000.
Contingent effective date—1995 c 77 § 3: "Section 3 of this act
shall take effect September 1, 2000. However, section 3 of this act shall not
take effect if, by September 1, 2000, a law is enacted stating that a school
accountability and academic assessment system is not in place." [1995 c 77
§ 33.] That law was not enacted by September 1, 2000.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507:
See note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Severability—1985 c 349: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 28A RCW—page 9]
28A.150.260
Title 28A RCW: Common School Provisions
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 349 § 9.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.150.260 as part of: RCW 28A.150.200.
Distribution of forest reserve funds—As affects basic education allocation:
RCW 28A.520.020.
28A.150.270 Annual basic education allocation of
funds according to average FTE student enrollment—
Procedure for crediting portion for school building
purposes. The board of directors of a school district may,
by properly executed resolution, request that the superintendent of public instruction direct a portion of the district’s
basic education allocation be credited to the district’s capital
projects fund and/or bond redemption fund. Moneys so
credited shall be used solely for school building purposes.
[1985 c 7 § 89; 1980 c 154 § 13. Formerly RCW
28A.41.143.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.150.275 Annual basic education allocation for
students in technical colleges. The basic education allocation, including applicable vocational entitlements and special
education program money, generated under this chapter and
under state appropriation acts by school districts for students
enrolled in a technical college program established by an
interlocal agreement under RCW 28B.50.533 shall be
allocated in amounts as determined by the superintendent of
public instruction to the serving college rather than to the
school district, unless the college chooses to continue to
receive the allocations through the school districts. This
section does not apply to students enrolled in the running
start program established in RCW 28A.600.310. [1995 c 77
§ 4; 1993 c 223 § 1.]
28A.150.280 Reimbursement for acquisition of
approved transportation equipment—Method. Costs of
acquisition of approved transportation equipment purchased
prior to September 1, 1982, shall be reimbursed up to one
hundred percent of the cost to be reimbursed over the
anticipated life of the vehicle, as determined by the state
superintendent: PROVIDED, That commencing with the
1980-81 school year, reimbursement shall be at one hundred
percent or as close thereto as reasonably possible: PROVIDED FURTHER, That reimbursements for the acquisition of
approved transportation equipment received by school
districts shall be placed in the transportation vehicle fund for
the current or future purchase of approved transportation
equipment and for major transportation equipment repairs
consistent with rules and regulations authorized in RCW
28A.160.130. [1993 c 111 § 1. Prior: 1990 c 33 § 110;
1990 c 33 § 109; 1981 c 343 § 1; 1981 c 265 § 9; 1981 c
265 § 8; 1977 ex.s. c 359 § 6; 1977 c 80 § 3; 1975 1st ex.s.
c 275 § 60; 1972 ex.s. c 85 § 1; 1971 c 48 § 14; 1969 ex.s.
c 223 § 28A.41.160; prior: 1965 ex.s. c 154 § 5. Formerly
RCW 28A.41.160, 28.41.160.]
[Title 28A RCW—page 10]
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Severability—1977 c 80: See note following RCW 28A.160.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
Additional programs for which legislative appropriations must or may be
made: RCW 28A.150.370.
Basic Education Act, RCW 28A.150.280 as part of: RCW 28A.150.200.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.150.290 State superintendent to make rules
and regulations—Unforeseen conditions or actions to be
recognized—Paperwork limited. (1) The superintendent of
public instruction shall have the power and duty to make
such rules and regulations as are necessary for the proper
administration of this chapter and RCW 28A.160.150
through *28A.160.220, 28A.300.170, and 28A.500.010 not
inconsistent with the provisions thereof, and in addition to
require such reports as may be necessary to carry out his or
her duties under this chapter and RCW 28A.160.150 through
*28A.160.220, 28A.300.170, and 28A.500.010.
(2) The superintendent of public instruction shall have
the authority to make rules and regulations which establish
the terms and conditions for allowing school districts to
receive state basic education moneys as provided in RCW
28A.150.250 when said districts are unable to fulfill for one
or more schools as officially scheduled the requirement of a
full school year of one hundred eighty days or the annual
average total instructional hour offering imposed by RCW
28A.150.220 and 28A.150.260 due to one or more of the
following conditions:
(a) An unforeseen natural event, including, but not
necessarily limited to, a fire, flood, explosion, storm,
earthquake, epidemic, or volcanic eruption that has the direct
or indirect effect of rendering one or more school district
facilities unsafe, unhealthy, inaccessible, or inoperable; and
(b) An unforeseen mechanical failure or an unforeseen
action or inaction by one or more persons, including negligence and threats, that (i) is beyond the control of both a
school district board of directors and its employees and (ii)
has the direct or indirect effect of rendering one or more
school district facilities unsafe, unhealthy, inaccessible, or
inoperable. Such actions, inactions or mechanical failures
may include, but are not necessarily limited to, arson,
vandalism, riots, insurrections, bomb threats, bombings,
delays in the scheduled completion of construction projects,
and the discontinuance or disruption of utilities such as
heating, lighting and water: PROVIDED, That an unforeseen action or inaction shall not include any labor
dispute between a school district board of directors and any
employee of the school district.
A condition is foreseeable for the purposes of this
subsection to the extent a reasonably prudent person would
have anticipated prior to August first of the preceding school
year that the condition probably would occur during the
ensuing school year because of the occurrence of an event or
a circumstance which existed during such preceding school
year or a prior school year. A board of directors of a school
district is deemed for the purposes of this subsection to have
knowledge of events and circumstances which are a matter
(2002 Ed.)
General Provisions
of common knowledge within the school district and of those
events and circumstances which can be discovered upon
prudent inquiry or inspection.
(3) The superintendent of public instruction shall make
every effort to reduce the amount of paperwork required in
administration of this chapter and RCW 28A.160.150
through *28A.160.220, 28A.300.170, and 28A.500.010; to
simplify the application, monitoring and evaluation processes
used; to eliminate all duplicative requests for information
from local school districts; and to make every effort to
integrate and standardize information requests for other state
education acts and federal aid to education acts administered
by the superintendent of public instruction so as to reduce
paperwork requirements and duplicative information requests.
[1992 c 141 § 504; 1990 c 33 § 111; 1981 c 285 § 1; 1979
ex.s. c 250 § 6; 1973 1st ex.s. c 78 § 1; 1972 ex.s. c 105 §
4; 1971 c 46 § 1; 1969 ex.s. c 3 § 2; 1969 ex.s. c 223 §
28A.41.170. Prior: 1965 ex.s. c 154 § 6. Formerly RCW
28A.41.170, 28.41.170.]
*Reviser’s note: RCW 28A.160.220 was recodified as RCW
28A.300.035 pursuant to 1994 c 113 § 2.
Contingent effective date—1992 c 141 §§ 502-504, 506, and 507:
See note following RCW 28A.150.205.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1972 ex.s. c 105: See notes following
RCW 28A.150.250.
28A.150.290
(f) Dropout prevention programs; or
(g) Other public or private organizations, excluding
sectarian or religious organizations.
(2) Eligible students include students who are likely to
be expelled or who are enrolled in the school district but
have been suspended, are academically at risk, or who have
been subject to repeated disciplinary actions due to behavioral problems.
(3) If a school district board of directors chooses to
initiate specialized programs for students at risk of expulsion
or who are failing academically by contracting out with
alternative educational service providers identified in
subsection (1) of this section, the school district board of
directors and the organization must specify the specific
learning standards that students are expected to achieve.
Placement of the student shall be jointly determined by the
school district, the student’s parent or legal guardian, and the
alternative educational service provider.
(4) For the purpose of this section, the superintendent of
public instruction shall adopt rules for reporting and documenting enrollment. Students may reenter at the grade level
appropriate to the student’s ability. Students who are sixteen
years of age or older may take the GED test.
(5) The board of directors of school districts may
require that students who would otherwise be suspended or
expelled attend schools or programs listed in subsection (1)
of this section as a condition of continued enrollment in the
school district. [2002 c 291 § 1; 1997 c 265 § 6.]
Severability—1997 c 265: See note following RCW 13.40.160.
28A.150.295 General public school system—
Maintained. A general and uniform system of public
schools embracing the common schools shall be maintained
throughout the state of Washington in accordance with
Article IX of the state Constitution. [1969 ex.s. c 223 §
28A.02.010. Prior: 1909 c 97 p 230 § 1; RRS § 4518;
prior: 1897 c 118 § 1; 1890 p 348 § 1. Formerly RCW
28A.02.010, 28.02.010.]
28A.150.300 Corporal punishment prohibited—
Adoption of policy. The use of corporal punishment in the
common schools is prohibited. The state board of education,
in consultation with the superintendent of public instruction,
shall develop and adopt a policy prohibiting the use of
corporal punishment in the common schools. The policy
shall be adopted by the state board of education no later than
February 1, 1994, and shall take effect in all school districts
September 1, 1994. [1993 c 68 § 1.]
28A.150.305 Alternative educational service providers—Student eligibility. (1) The board of directors of
school districts may contract with alternative educational
service providers for eligible students. Alternative educational service providers that the school district may contract
with include, but are not limited to:
(a) Other schools;
(b) Alternative education programs not operated by the
school district;
(c) Education centers;
(d) Skills centers;
(e) The Washington national guard youth challenge
program;
(2002 Ed.)
28A.150.310 National guard youth challenge
program—Allocation of funding—Rules. Basic and
nonbasic education funding, including applicable vocational
entitlements and special education program money, generated
under this chapter and under state appropriations acts shall
be allocated directly to the military department for a national
guard youth challenge program for students earning high
school graduation credit under RCW 28A.305.170. Funding
shall be provided based on statewide average rates for basic
education, special education, categorical, and block grant
programs as determined by the office of the superintendent
of public instruction. The monthly full-time equivalent
enrollment reported for students enrolled in the national
guard youth challenge program shall be based on one fulltime equivalent for every one hundred student hours of
scheduled instruction eligible for high school graduation
credit. The office of the superintendent of public instruction,
in consultation with the military department, shall adopt such
rules as are necessary to implement this section. [2002 c
291 § 2.]
28A.150.350 Part time students—Defined—
Enrollment authorized—Reimbursement for costs—
Funding authority recognition—Rules, regulations. (1)
For purposes of this section, the following definitions shall
apply:
(a) "Private school student" shall mean any student
enrolled full time in a private school;
(b) "School" shall mean any primary, secondary or
vocational school;
[Title 28A RCW—page 11]
28A.150.350
Title 28A RCW: Common School Provisions
(c) "School funding authority" shall mean any nonfederal governmental authority which provides moneys to common schools;
(d) "Part time student" shall mean and include: Any
student enrolled in a course of instruction in a private school
and taking courses at and/or receiving ancillary services
offered by any public school not available in such private
school; or any student who is not enrolled in a private school
and is receiving home-based instruction under RCW
28A.225.010 which instruction includes taking courses at or
receiving ancillary services from the local school district or
both; or any student involved in any work training program
and taking courses in any public school, which work training
program is approved by the school board of the district in
which such school is located.
(2) The board of directors of any school district is
authorized and, in the same manner as for other public
school students, shall permit the enrollment of and provide
ancillary services for part time students: PROVIDED, That
this section shall only apply to part time students who would
be otherwise eligible for full time enrollment in the school
district.
(3) The superintendent of public instruction shall
recognize the costs to each school district occasioned by
enrollment of and/or ancillary services provided for part time
students authorized by subsection (2) of this section and
shall include such costs in the distribution of funds to school
districts pursuant to RCW 28A.150.260. Each school district
shall be reimbursed for the costs or a portion thereof,
occasioned by attendance of and/or ancillary services
provided for part time students on a part time basis, by the
superintendent of public instruction, according to law.
(4) Each school funding authority shall recognize the
costs occasioned to each school district by enrollment of and
ancillary services provided for part time students authorized
by subsection (2) of this section, and shall include said costs
in funding the activities of said school districts.
(5) The superintendent of public instruction is authorized to adopt rules and regulations to carry out the purposes
of RCW 28A.150.260 and 28A.150.350. [1990 c 33 § 112;
1985 c 441 § 5; 1977 ex.s. c 359 § 8; 1972 ex.s. c 14 § 1;
1969 ex.s. c 217 § 4. Formerly RCW 28A.41.145.]
Severability—1985 c 441: See note following RCW 28A.225.010.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Severability—1972 ex.s. c 14: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is held invalid." [1972 ex.s. c 14 § 2.]
Basic Education Act, RCW 28A.150.350 as part of: RCW 28A.150.200.
28A.150.360 Adjustments to meet emergencies. In
the event of an unforeseen emergency, in the nature of either
an unavoidable cost to a district or unexpected variation in
anticipated revenues to a district, the state superintendent is
authorized, for not to exceed two years, to make such an
adjustment in the allocation of funds as is consistent with the
intent of this chapter, RCW 28A.160.150 through
28A.160.210, 28A.300.170, and 28A.500.010 in providing an
equal educational opportunity for the children of such district
or districts. [1995 c 335 § 101; 1990 c 33 § 113; 1969 ex.s.
[Title 28A RCW—page 12]
c 223 § 28A.41.150. Prior: 1965 ex.s. c 154 § 4. Formerly
RCW 28A.41.150, 28.41.150.]
Part headings, table of contents not law—1995 c 335: "Part
headings and the table of contents as used in this act do not constitute any
part of the law." [1995 c 335 § 805.]
28A.150.370 Additional programs for which
legislative appropriations must or may be made. In
addition to those state funds provided to school districts for
basic education, the legislature shall appropriate funds for
pupil transportation, in accordance with this chapter, RCW
28A.160.150 through 28A.160.210, 28A.300.035,
28A.300.170, and 28A.500.010, and for special education
programs for students with disabilities, in accordance with
RCW 28A.155.010 through 28A.155.100. The legislature
may appropriate funds to be distributed to school districts for
population factors such as urban costs, enrollment fluctuations and for special programs, including but not limited to,
vocational-technical institutes, compensatory programs,
bilingual education, urban, rural, racial and disadvantaged
programs, programs for gifted students, and other special
programs. [1995 c 335 § 102; 1995 c 77 § 5; 1990 c 33 §
114; 1982 1st ex.s. c 24 § 1; 1977 ex.s. c 359 § 7. Formerly
RCW 28A.41.162.]
Reviser’s note: This section was amended by 1995 c 77 § 5 and by
1995 c 335 § 102, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Effective date—1982 1st ex.s. c 24: "Sections 2 and 3 of this
amendatory act shall take effect September 1, 1982." [1982 1st ex.s. c 24
§ 6.]
Severability—1982 1st ex.s. c 24: "If any provision of this
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1982 1st ex.s. c 24 § 7.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.150.370 as part of: RCW 28A.150.200.
28A.150.380 Appropriations by legislature. (1) The
state legislature shall, at each regular session in an oddnumbered year, appropriate from the state general fund for
the current use of the common schools such amounts as
needed for state support to the common schools during the
ensuing biennium as provided in this chapter, RCW
28A.160.150 through 28A.160.210, 28A.300.170, and
28A.500.010.
(2) The state legislature shall also, at each regular
session in an odd-numbered year, appropriate from the
student achievement fund and education construction fund
solely for the purposes of and in accordance with the
provisions of the student achievement act during the ensuing
biennium. [2001 c 3 § 10 (Initiative Measure No. 728,
approved November 7, 2000); 1995 c 335 § 103; 1990 c 33
§ 115; 1980 c 6 § 3; 1969 ex.s. c 223 § 28A.41.050. Prior:
1945 c 141 § 2; Rem. Supp. 1945 § 4940-2. Formerly RCW
28A.41.050, 28.41.050.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
(2002 Ed.)
General Provisions
Severability—1980 c 6: See note following RCW 28A.515.320.
28A.150.390 Appropriations for special education
programs. The superintendent of public instruction shall
submit to each regular session of the legislature during an
odd-numbered year a programmed budget request for special
education programs for students with disabilities. Funding
for programs operated by local school districts shall be on an
excess cost basis from appropriations provided by the
legislature for special education programs for students with
disabilities and shall take account of state funds accruing
through RCW 28A.150.250, 28A.150.260, federal medical
assistance and private funds accruing under RCW 74.09.5249
through 74.09.5253 and 74.09.5254 through 74.09.5256, and
other state and local funds, excluding special excess levies.
[1995 c 77 § 6; 1994 c 180 § 8; 1993 c 149 § 9; 1990 c 33
§ 116; 1989 c 400 § 2; 1980 c 87 § 5; 1971 ex.s. c 66 § 11.
Formerly RCW 28A.41.053.]
Conflict with federal requirements—Severability—1994 c 180: See
notes following RCW 74.09.5243.
Conflict with federal requirements—Severability—Effective
dates—1993 c 149: See notes following RCW 74.09.5241.
Intent—1989 c 400: "The legislature finds that there is increasing
demand for school districts’ special education programs to include medical
services necessary for handicapped children’s participation and educational
progress. In some cases, these services could qualify for federal funding
under Title XIX of the social security act. The legislature intends to
establish a process for school districts to obtain reimbursement for eligible
services from medical assistance funds. In this way, state dollars for
handicapped education can be leveraged to generate federal matching funds,
thereby increasing the overall level of resources available for school
districts’ special education programs." [1989 c 400 § 1.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.150.400 Apportionment factors to be based on
current figures—Rules and regulations. State and county
funds which may become due and apportionable to school
districts shall be apportioned in such a manner that any
apportionment factors used shall utilize data and statistics
derived in the school year that such funds are paid: PROVIDED, That the superintendent of public instruction may
make necessary administrative provision for the use of
estimates, and corresponding adjustments to the extent
necessary: PROVIDED FURTHER, That as to those
revenues used in determining the amount of state funds to be
apportioned to school districts pursuant to RCW
28A.150.250, any apportionment factors shall utilize data and
statistics derived in an annual period established pursuant to
rules and regulations promulgated by the superintendent of
public instruction in cooperation with the department of
revenue. [1990 c 33 § 117; 1972 ex.s. c 26 § 3; 1969 ex.s.
c 223 § 28A.41.055. Prior: 1955 c 350 § 1. Formerly
RCW 28A.41.055, 28.41.055.]
Severability—1972 ex.s. c 26: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1972 ex.s. c 26 § 4.]
28A.150.410 Basic education certificated instructional staff—Salary allocation schedule—Limits on
postgraduate credits. (1) The legislature shall establish for
each school year in the appropriations act a statewide salary
allocation schedule, for allocation purposes only, to be used
(2002 Ed.)
28A.150.380
to distribute funds for basic education certificated instructional staff salaries under RCW 28A.150.260.
(2) Salary allocations for state-funded basic education
certificated instructional staff shall be calculated by the
superintendent of public instruction by determining the
district’s average salary for certificated instructional staff,
using the statewide salary allocation schedule and related
documents, conditions, and limitations established by the
omnibus appropriations act.
(3) Beginning January 1, 1992, no more than ninety
college quarter-hour credits received by any employee after
the baccalaureate degree may be used to determine compensation allocations under the state salary allocation schedule
and LEAP documents referenced in the omnibus appropriations act, or any replacement schedules and documents,
unless:
(a) The employee has a masters degree; or
(b) The credits were used in generating state salary
allocations before January 1, 1992. [2002 c 353 § 1; 1997
c 141 § 1; 1990 c 33 § 118; 1989 1st ex.s. c 16 § 1; 1987
3rd ex.s. c 1 § 4; 1987 1st ex.s. c 2 § 204. Formerly RCW
28A.41.112.]
Effective date—2002 c 353: "This act takes effect September 1,
2002." [2002 c 353 § 3.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.150.420 Reimbursement for classes provided
outside regular school year. The superintendent of public
instruction shall establish procedures to allow school districts
to claim basic education allocation funds for students
attending classes that are provided outside the regular school
year to the extent such attendance is in lieu of attendance
during the regular school year: PROVIDED, That nothing
in this section shall be construed to alter the basic education
allocation for which the district is otherwise eligible. [1989
c 233 § 10. Formerly RCW 28A.41.172.]
28A.150.500 Educational agencies offering vocational education programs—Local advisory committees—
Advice on current job needs. (1) Each local education
agency or college district offering vocational educational
programs shall establish local advisory committees to
provide that agency or district with advice on current job
needs and on the courses necessary to meet these needs.
(2) The local program committees shall:
(a) Participate in the determination of program goals;
(b) Review and evaluate program curricula, equipment,
and effectiveness;
(c) Include representatives of business and labor who
reflect the local industry, and the community; and
(d) Actively consult with other representatives of
business, industry, labor, and agriculture. [1991 c 238 § 76.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.150.510 Release of education records to
department of social and health services. In order to
effectively serve students who are under the jurisdiction of
the juvenile justice system as dependent pursuant to chapter
13.34 RCW, education records shall be released upon request
[Title 28A RCW—page 13]
28A.150.510
Title 28A RCW: Common School Provisions
to the department of social and health services provided that
the department of social and health services certifies that it
will not disclose to any other party the education records
without prior written consent of the parent or student unless
authorized to disclose the records under state law. The
department of social and health services is authorized to
disclose education records it obtains pursuant to this section
to a foster parent, guardian, or other entity authorized by the
department of social and health services to provide residential care to the student. [2000 c 88 § 1.]
Chapter 28A.155
SPECIAL EDUCATION
Sections
28A.155.010
28A.155.020
28A.155.030
28A.155.040
28A.155.050
28A.155.060
28A.155.070
28A.155.080
28A.155.090
28A.155.100
28A.155.105
28A.155.115
28A.155.140
28A.155.160
Purpose.
Administrative section or unit for the education of
children with disabling conditions—"Children with
disabilities" and "appropriate education" defined—
Approval when child under jurisdiction of juvenile
court.
Division administrative officer—Appointment—
Duties.
Authority of districts—Participation of department of
social and health services.
Aid for children unable to attend school—
Apportionment—Allocations from state excess
funds.
District authority to contract with approved agencies—Approval standards.
Services to children of preschool age with disabilities—Apportionment—Allocations from state
excess cost funds.
Appeal from superintendent’s denial of educational
program.
Superintendent of public instruction’s duty and authority.
Sanctions applied to noncomplying districts.
Braille instruction—Definitions.
Braille instruction—Assessment—Provision in
student’s curriculum.
Curriculum-based assessment procedures for programs
for children with handicapping conditions.
Assistive devices—Transfer for benefit of children
with disabilities—Record, inventory.
28A.155.010 Purpose. It is the purpose of RCW
28A.155.010 through 28A.155.100, 28A.160.030, and
28A.150.390 to ensure that all children with disabilities as
defined in RCW 28A.155.020 shall have the opportunity for
an appropriate education at public expense as guaranteed to
them by the Constitution of this state. [1995 c 77 § 7; 1990
c 33 § 120; 1971 ex.s. c 66 § 1. Formerly RCW
28A.13.005.]
or unit for the education of children with disabling conditions.
Children with disabilities are those children in school or
out of school who are temporarily or permanently retarded
in normal educational processes by reason of physical or
mental disability, or by reason of emotional maladjustment,
or by reason of other disability, and those children who have
specific learning and language disabilities resulting from
perceptual-motor disabilities, including problems in visual
and auditory perception and integration.
The superintendent of public instruction shall require
each school district in the state to insure an appropriate
educational opportunity for all children with disabilities
between the ages of three and twenty-one, but when the
twenty-first birthday occurs during the school year, the
educational program may be continued until the end of that
school year. The superintendent of public instruction, by
rule, shall establish for the purpose of excess cost funding,
as provided in RCW 28A.150.390, 28A.160.030, and
28A.155.010 through 28A.155.100, functional definitions of
the various types of disabling conditions and eligibility
criteria for special education programs for students with
disabilities. For the purposes of RCW 28A.155.010 through
28A.155.100, an appropriate education is defined as an
education directed to the unique needs, abilities, and limitations of the children with disabilities. School districts are
strongly encouraged to provide parental training in the care
and education of the children and to involve parents in the
classroom.
Nothing in this section shall prohibit the establishment
or continuation of existing cooperative programs between
school districts or contracts with other agencies approved by
the superintendent of public instruction, which can meet the
obligations of school districts to provide education for
children with disabilities, or prohibit the continuation of
needed related services to school districts by the department
of social and health services.
This section shall not be construed as in any way
limiting the powers of local school districts set forth in RCW
28A.155.070.
No child shall be removed from the jurisdiction of
juvenile court for training or education under RCW
28A.155.010 through 28A.155.100 without the approval of
the superior court of the county. [1995 c 77 § 8; 1990 c 33
§ 121; 1985 c 341 § 4; 1984 c 160 § 1; 1971 ex.s. c 66 § 2;
1969 ex.s. c 2 § 2; 1969 ex.s. c 223 § 28A.13.010. Prior:
1951 c 92 § 1; prior: (i) 1943 c 120 § 1; Rem. Supp. 1943
§ 4679-25. (ii) 1943 c 120 § 2, part; Rem. Supp. 1943 §
4679-26, part. Formerly RCW 28A.13.010, 28.13.010.]
Severability—1971 ex.s. c 66: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 66 § 13.]
Effective date—1971 ex.s. c 66: "This 1971 amendatory act will take
effect July 1, 1973." [1971 ex.s. c 66 § 14.]
Effective date—1985 c 341 §§ 4 and 13: "Sections 4 and 13 of this
act shall take effect August 1, 1985." [1985 c 341 § 18.]
Severability—1984 c 160: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 160 § 6.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.020 Administrative section or unit for the
education of children with disabling conditions—
"Children with disabilities" and "appropriate education"
defined—Approval when child under jurisdiction of
juvenile court. There is established in the office of the
superintendent of public instruction an administrative section
28A.155.030 Division administrative officer—
Appointment—Duties. The superintendent of public
instruction shall appoint an administrative officer of the division. The administrative officer, under the direction of the
[Title 28A RCW—page 14]
(2002 Ed.)
Special Education
superintendent of public instruction, shall coordinate and
supervise the program of special education for eligible
children with disabilities in the school districts of the state.
He or she shall cooperate with the educational service district superintendents and local school district superintendents
and with all other interested school officials in ensuring that
all school districts provide an appropriate educational
opportunity for all children with disabilities and shall
cooperate with the state secretary of social and health
services and with county and regional officers on cases
where medical examination or other attention is needed.
[1995 c 77 § 9; 1990 c 33 § 122; 1975 1st ex.s. c 275 § 52;
1972 ex.s. c 10 § 1. Prior: 1971 ex.s. c 66 § 3; 1971 c 48
§ 3; 1969 ex.s. c 223 § 28A.13.020; prior: 1943 c 120 § 3;
Rem. Supp. 1943 § 4679-27. Formerly RCW 28A.13.020,
28.13.020.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.040 Authority of districts—Participation of
department of social and health services. The board of
directors of each school district, for the purpose of compliance with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100, shall
cooperate with the superintendent of public instruction and
with the administrative officer and shall provide an appropriate educational opportunity and give other appropriate aid
and special attention to children with disabilities in regular
or special school facilities within the district or shall contract
for such services with other agencies as provided in RCW
28A.155.060 or shall participate in an interdistrict arrangement in accordance with RCW 28A.335.160 and
28A.225.220 and/or 28A.225.250 and 28A.225.260.
In carrying out their responsibilities under this chapter,
school districts severally or jointly with the approval of the
superintendent of public instruction are authorized to
establish, operate, support and/or contract for residential
schools and/or homes approved by the department of social
and health services for aid and special attention to children
with disabilities.
The cost of board and room in facilities approved by the
department of social and health services shall be provided by
the department of social and health services for those
students with disabilities eligible for such aid under programs of the department. The cost of approved board and
room shall be provided for those students with disabilities
not eligible under programs of the department of social and
health services but deemed in need of the same by the
superintendent of public instruction: PROVIDED, That no
school district shall be financially responsible for special aid
programs for students who are attending residential schools
operated by the department of social and health services:
PROVIDED FURTHER, That the provisions of RCW
28A.150.390, 28A.160.030, and 28A.155.010 through
28A.155.100 shall not preclude the extension by the superintendent of public instruction of special education opportunities to children with disabilities in residential schools
operated by the department of social and health services.
[1995 c 77 § 10; 1990 c 33 § 123; 1971 ex.s. c 66 § 4; 1969
ex.s. c 223 § 28A.13.030. Prior: 1959 c 122 § 1; 1953 c
135 § 1; 1943 c 120 § 4; Rem. Supp. 1943 § 4679-28.
Formerly RCW 28A.13.030, 28.13.030.]
(2002 Ed.)
28A.155.030
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.050 Aid for children unable to attend
school—Apportionment—Allocations from state excess
funds. Any child who is not able to attend school and who
is eligible for special excess cost aid programs authorized
under RCW 28A.155.010 through 28A.155.100 shall be
given such aid at home or at such other place as determined
by the board of directors of the school district in which such
child resides. Any school district within which such a child
resides shall thereupon be granted regular apportionment of
state and county school funds and, in addition, allocations
from state excess funds made available for such special
services for such period of time as such special aid program
is given: PROVIDED, That should such child or any other
child with disabilities attend and participate in a special aid
program operated by another school district in accordance
with the provisions of RCW 28A.225.210, 28A.225.220, and/
or 28A.225.250, such regular apportionment shall be granted
to the receiving school district, and such receiving school
district shall be reimbursed by the district in which such
student resides in accordance with rules adopted by the
superintendent of public instruction for the entire approved
excess cost not reimbursed from such regular apportionment.
[1995 c 77 § 11; 1990 c 33 § 124; 1971 ex.s. c 66 § 5; 1969
ex.s. c 223 § 28A.13.040. Prior: 1943 c 120 § 5; Rem.
Supp. 1943 § 4679-29. Formerly RCW 28A.13.040,
28.13.040.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.060 District authority to contract with
approved agencies—Approval standards. For the purpose
of carrying out the provisions of RCW 28A.155.020 through
28A.155.050, the board of directors of every school district
shall be authorized to contract with agencies approved by the
state board of education for operating special education
programs for students with disabilities. Approval standards
for such agencies shall conform substantially with those promulgated for approval of special education aid programs in
the common schools. [1995 c 77 § 12; 1990 c 33 § 125;
1971 ex.s. c 66 § 6. Formerly RCW 28A.13.045.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.070 Services to children of preschool age
with disabilities—Apportionment—Allocations from state
excess cost funds. Special educational and training programs provided by the state and the school districts thereof
for children with disabilities may be extended to include
children of preschool age. School districts which extend
such special programs to children of preschool age shall be
entitled to the regular apportionments from state and county
school funds, as provided by law, and in addition to allocations from state excess cost funds made available for such
special services for those children with disabilities who are
given such special services. [1995 c 77 § 13; 1971 ex.s. c
66 § 7; 1969 ex.s. c 223 § 28A.13.050. Prior: 1951 c 92 §
2; 1949 c 186 § 1; Rem. Supp. 1949 § 4901-3. Formerly
RCW 28A.13.050, 28.13.050.]
[Title 28A RCW—page 15]
28A.155.070
Title 28A RCW: Common School Provisions
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.080 Appeal from superintendent’s denial
of educational program. Where a child with disabilities as
defined in RCW 28A.155.020 has been denied the opportunity of an educational program by a local school district
superintendent under the provisions of RCW 28A.225.010,
or for any other reason there shall be an affirmative showing
by the school district superintendent in a writing directed to
the parents or guardian of such a child within ten days of
such decision that
(1) No agency or other school district with whom the
district may contract under RCW 28A.155.040 can accommodate such child, and
(2) Such child will not benefit from an alternative
educational opportunity as permitted under RCW
28A.155.050.
There shall be a right of appeal by the parent or
guardian of such child to the superintendent of public
instruction pursuant to procedures established by the superintendent and in accordance with RCW 28A.155.090.
[1995 c 77 § 14; 1990 c 33 § 126; 1971 ex.s. c 66 § 8.
Formerly RCW 28A.13.060.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.090 Superintendent of public instruction’s
duty and authority. The superintendent of public instruction shall have the duty and authority, through the administrative section or unit for the education of children with
disabling conditions, to:
(1) Assist school districts in the formation of total
school programs to meet the needs of children with disabilities;
(2) Develop interdistrict cooperation programs for
children with disabilities as authorized in RCW
28A.225.250;
(3) Provide, upon request, to parents or guardians of
children with disabilities, information as to the special
education programs for students with disabilities offered
within the state;
(4) Assist, upon request, the parent or guardian of any
child with disabilities in the placement of any child with
disabilities who is eligible for but not receiving special
educational aid for children with disabilities;
(5) Approve school district and agency programs as
being eligible for special excess cost financial aid to children
with disabilities;
(6) Adjudge, upon appeal by a parent or guardian of a
child with disabilities who is not receiving an educational
program, whether the decision of a local school district
superintendent under RCW 28A.155.080 to exclude such
child with disabilities was justified by the available facts and
consistent with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100. If the
superintendent of public instruction shall decide otherwise he
or she shall apply sanctions as provided in RCW
28A.155.100 until such time as the school district assures
compliance with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100; and
[Title 28A RCW—page 16]
(7) Promulgate such rules as are necessary to implement
the several provisions of RCW 28A.150.390, 28A.160.030,
and 28A.155.010 through 28A.155.100 and to ensure
educational opportunities within the common school system
for all children with disabilities who are not institutionalized.
[1995 c 77 § 15; 1990 c 33 § 127; 1985 c 341 § 5; 1971
ex.s. c 66 § 9. Formerly RCW 28A.13.070.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.100 Sanctions applied to noncomplying
districts. The superintendent of public instruction is hereby
authorized and directed to establish appropriate sanctions to
be applied to any school district of the state failing to
comply with the provisions of RCW 28A.150.390,
28A.160.030, and 28A.155.010 through 28A.155.100 to be
applied beginning upon the effective date thereof, which
sanctions shall include withholding of any portion of state
aid to such district until such time as compliance is assured.
[1990 c 33 § 128; 1971 ex.s. c 66 § 12. Formerly RCW
28A.13.080.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.155.105 Braille instruction—Definitions.
Unless the context clearly requires otherwise, the definitions
in this section apply in RCW 28A.155.115.
(1) "Student" means a student who:
(a) Has a visual acuity of 20/200 or less in the better
eye with conventional correction or having a limited field of
vision such that the widest diameter of the visual field
subtends an angular distance not greater than twenty degrees;
(b) Is unable to read printed material at a competitive
rate with facility due to functional visual impairment or lack
of visual acuity; or
(c) Has a physical condition with a medical prognosis
of a significant visual deterioration to the extent that (a) or
(b) of this subsection could apply.
(2) "Braille" means the system of reading and writing
through touch commonly known as standard English Braille.
[1996 c 135 § 2.]
Findings—1996 c 135: "It is the goal of the legislature to encourage
persons who are blind or visually impaired to participate fully in the social
and economic life of the state and to engage in remunerative employment.
The legislature finds that literacy is essential to the achievement of this goal.
Furthermore, the legislature finds that literacy for most persons who are
blind or visually impaired means the ability to read and write Braille with
proficiency. The legislature sets as a further goal that students who are
legally blind or visually impaired shall be given the opportunity to learn
Braille in order to communicate effectively and efficiently." [1996 c 135
§ 1.]
28A.155.115 Braille instruction—Assessment—
Provision in student’s curriculum. (1) Each student shall
be assessed individually to determine the appropriate
learning media for the student including but not limited to
Braille.
(2) No student may be denied the opportunity for
instruction in Braille reading and writing solely because the
student has some remaining vision.
(3) This section does not require the exclusive use of
Braille if there are other special education services to meet
the student’s educational needs. The provision of special
(2002 Ed.)
Special Education
education or other services does not preclude Braille use or
instruction.
(4) If a student’s individualized learning media assessment indicates that Braille is an appropriate learning medium, instruction in Braille shall be provided as a part of such
student’s educational curriculum and if such student has an
individualized education program, such instruction shall be
provided as part of that program.
(5) If Braille will not be provided to a student, the
reason for not incorporating it in the student’s individualized
education program shall be documented in such plan. If no
individualized education program exists, such documentation,
signed by the parent or guardian, shall be placed in the
student’s file. [1996 c 135 § 3.]
Findings—1996 c 135: See note following RCW 28A.155.105.
28A.155.140 Curriculum-based assessment procedures for programs for children with handicapping
conditions. School districts may use curriculum-based
assessment procedures as measures for developing academic
early intervention programs and curriculum planning:
PROVIDED, That the use of curriculum-based assessment
procedures shall not deny a student the right to an assessment to determine eligibility or participation in learning
disabilities programs as provided by RCW 28A.155.010
through 28A.155.100. [1991 c 116 § 4; 1990 c 33 § 131;
1987 c 398 § 1. Formerly RCW 28A.03.367.]
28A.155.160 Assistive devices—Transfer for benefit
of children with disabilities—Record, inventory. Notwithstanding any other provision of law, the office of the
superintendent of public instruction, the Washington state
school for the deaf, the Washington state school for the
blind, school districts, educational service districts, and all
other state and local government educational agencies and
the department of services for the blind, the department of
social and health services, and all other state and local
government agencies concerned with the care, education, or
habilitation or rehabilitation of children with disabilities may
enter into interagency cooperative agreements for the
purpose of providing assistive technology devices and
services to children with disabilities. Such arrangements
may include but are not limited to interagency agreements
for the acquisition, including joint funding, maintenance,
loan, sale, lease, or transfer of assistive technology devices
and for the provision of assistive technology services
including but not limited to assistive technology assessments
and training.
For the purposes of this section, "assistive device"
means any item, piece of equipment, or product system,
whether acquired commercially off-the-shelf, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of children with disabilities. The term
"assistive technology service" means any service that directly
assists a child with a disability in the selection, acquisition,
or use of an assistive technology device. Assistive technology service includes:
(1) The evaluation of the needs of a child with a
disability, including a functional evaluation of the child in
the child’s customary environment;
(2002 Ed.)
28A.155.115
(2) Purchasing, leasing, or otherwise providing for the
acquisition of assistive technology devices by children with
disabilities;
(3) Selecting, designing, fitting, customizing, adapting,
applying, retaining, repairing, or replacing of assistive
technology devices;
(4) Coordinating and using other therapies, interventions, or services with assistive technology devices, such as
those associated with existing education and rehabilitation
plans and programs;
(5) Training or technical assistance for a child with a
disability or if appropriate, the child’s family; and
(6) Training or technical assistance for professionals, including individuals providing education and rehabilitation
services, employers, or other individuals who provide
services to, employ, or are otherwise substantially involved
in the major life functions of children with disabilities.
[1997 c 104 § 3.]
Chapter 28A.160
STUDENT TRANSPORTATION
Sections
28A.160.010
28A.160.020
28A.160.030
28A.160.040
28A.160.050
28A.160.060
28A.160.070
28A.160.080
28A.160.090
28A.160.100
28A.160.110
28A.160.115
28A.160.120
28A.160.130
28A.160.140
28A.160.150
28A.160.160
28A.160.170
28A.160.180
28A.160.190
Operation of student transportation program—
Responsibility of local district—Scope—
Transporting of elderly—Insurance.
Authorization for private school students to ride buses—Conditions.
Authorizing individual transportation or other arrangements.
Lease of buses to transport children with disabilities
and elderly—Limitation.
Lease of buses to transport children with disabilities
and elderly—Directors to authorize.
Lease of buses to transport children with disabilities
and elderly—Lease at local level—Criteria.
Lease of buses to transport children with disabilities
and elderly—Elderly persons defined—Program
limitation.
School buses, rental or lease for emergency purposes—Authorization.
School buses, rental or lease for emergency purposes—Board to determine district policy—Conditions
if rent or lease.
School buses, transport of general public to interscholastic activities—Limitations.
School buses, authorization for parent, guardian or
custodian of a student to ride—Limitations.
Bus routes.
Agreements with other governmental entities for transportation of public or other noncommon school
purposes—Limitations.
Transportation vehicle fund—Deposits in—Use—Rules
for establishment and use.
Contract for pupil transportation services with private
nongovernmental entity—Competitive bid procedures.
Student transportation allocation—Operating costs,
determination and funding.
Student transportation allocation—Definitions.
Student transportation allocation—District’s annual
report to superintendent.
Student transportation allocation—Allocation rates,
adjustment—District-owned passenger cars—
Report.
Student transportation allocation—Notice—Revised
eligible student data, when—Allocation payments,
amounts, when.
[Title 28A RCW—page 17]
Chapter 28A.160
Title 28A RCW: Common School Provisions
28A.160.195
Vehicle acquisition—School bus categories—
Competitive specifications—Purchase—
Reimbursement—Rules.
28A.160.200
Vehicle acquisition—Reimbursement schedule—
Maintenance and operation—Depreciation schedule.
28A.160.210
School bus drivers, training and qualifications—Rules
and regulations for.
Age limit for bus drivers: RCW 46.20.045.
Rules for design, marking, operations: RCW 46.61.380.
School buses—Crossing arms: RCW 46.37.620.
Signs required: RCW 46.37.193.
Stop signal and lamps: RCW 46.37.190.
28A.160.010 Operation of student transportation
program—Responsibility of local district—Scope—
Transporting of elderly—Insurance. The operation of
each local school district’s student transportation program is
declared to be the responsibility of the respective board of
directors, and each board of directors shall determine such
matters as which individual students shall be transported and
what routes shall be most efficiently utilized. State moneys
allocated to local districts for student transportation shall be
spent only for student transportation activities, but need not
be spent by the local district in the same manner as calculated and allocated by the state.
A school district is authorized to provide for the
transportation of students enrolled in the school or schools
of the district both in the case of students who reside within
the boundaries of the district and of students who reside
outside the boundaries of the district.
When children are transported from one school district
to another the board of directors of the respective districts
may enter into a written contract providing for a division of
the cost of such transportation between the districts.
School districts may use school buses and drivers hired
by the district or commercial chartered bus service for the
transportation of school children and the school employees
necessary for their supervision to and from any school
activities within or without the school district during or after
school hours and whether or not a required school activity,
so long as the school board has officially designated it as a
school activity. For any extra-curricular uses, the school
board shall charge an amount sufficient to reimburse the district for its cost.
In addition to the right to contract for the use of buses
provided in RCW 28A.160.080 and 28A.160.090, any school
district may contract to furnish the use of school buses of
that district to other users who are engaged in conducting an
educational or recreational program supported wholly or in
part by tax funds or programs for elderly persons at times
when those buses are not needed by that district and under
such terms as will fully reimburse such school district for all
costs related or incident thereto: PROVIDED, HOWEVER,
That no such use of school district buses shall be permitted
except where other public or private transportation certificated or licensed by the Washington utilities and transportation
commission is not reasonably available to the user: PROVIDED FURTHER, That no user shall be required to accept
any charter bus for services which the user believes might
place the health or safety of the children or elderly persons
in jeopardy.
[Title 28A RCW—page 18]
Whenever any persons are transported by the school
district in its own motor vehicles and by its own employees,
the board may provide insurance to protect the district
against loss, whether by reason of theft, fire or property
damage to the motor vehicle or by reason of liability of the
district to persons from the operation of such motor vehicle.
The board may provide insurance by contract purchase
for payment of hospital and medical expenses for the benefit
of persons injured while they are on, getting on, or getting
off any vehicles enumerated herein without respect to any
fault or liability on the part of the school district or operator.
This insurance may be provided without cost to the persons
notwithstanding the provisions of RCW 28A.400.350.
If the transportation of children or elderly persons is
arranged for by contract of the district with some person, the
board may require such contractor to procure such insurance
as the board deems advisable. [1990 c 33 § 132; 1986 c 32
§ 1; 1983 1st ex.s. c 61 § 1; 1981 c 265 § 10; 1980 c 122 §
2; 1973 c 45 § 1; 1971 c 24 § 3; 1969 ex.s. c 153 § 3; 1969
ex.s. c 223 § 28A.24.055. Prior: (i) 1969 c 53 § 1; 1967
ex.s. c 29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 §
1, part; 1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305
§ 1, part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c
68 § 2, part; prior: 1943 c 52 § 1, part; 1941 c 179 § 1,
part; 1939 c 131 § 1, part; 1925 ex.s. c 57 § 1, part; 1919 c
90 § 3, part; 1915 c 44 § 1, part; 1909 c 97 p 285 § 2, part;
1907 c 240 § 5, part; 1903 c 104 § 17, part; Rem. Supp.
1943 § 4776, part. Formerly RCW 28.58.100, part. (ii)
1965 ex.s. c 86 § 1. Formerly RCW 28A.24.055,
28.58.421.]
Severability—1983 1st ex.s. c 61: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 1st ex.s. c 61 § 9.]
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
Elderly persons defined—Program limitation: RCW 28A.160.070.
28A.160.020 Authorization for private school
students to ride buses—Conditions. Every school district
board of directors may authorize children attending a private
school approved in accordance with RCW 28A.195.010 to
ride a school bus or other student transportation vehicle to
and from school so long as the following conditions are met:
(1) The board of directors shall not be required to alter
those bus routes or stops established for transporting public
school students;
(2) Private school students shall be allowed to ride on
a seat-available basis only; and
(3) The board of directors shall charge an amount
sufficient to reimburse the district for the actual per seat cost
of providing such transportation. [1990 c 33 § 133; 1981 c
307 § 1. Formerly RCW 28A.24.065.]
Severability—1981 c 307: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 307 § 2.]
28A.160.030 Authorizing individual transportation
or other arrangements. Individual transportation, board
and room, and other arrangements may be authorized or
provided and, in whole or part, paid for or reimbursed by a
(2002 Ed.)
Student Transportation
school district, when approved by the educational service
district superintendent or his or her designee pursuant to
rules promulgated by the superintendent of public instruction
for that purpose: PROVIDED, That the total of payments
for board and room and transportation incidental thereto shall
not exceed the amount which would otherwise be paid for
such individual transportation. [1981 c 265 § 11; 1977 c 80
§ 2; 1971 ex.s. c 66 § 10; 1969 ex.s. c 223 § 28A.24.100.
Prior: 1965 ex.s. c 154 § 9. Formerly RCW 28A.24.100,
28.24.100.]
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
Severability—1977 c 80: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 80 § 5.]
Severability—Effective date—1971 ex.s. c 66: See notes following
RCW 28A.155.010.
28A.160.040 Lease of buses to transport children
with disabilities and elderly—Limitation. The directors of
school districts are authorized to lease school buses to
nonprofit organizations to transport children with disabilities
and elderly persons to and from the site of activities or
programs deemed beneficial to such persons by such
organizations: PROVIDED, That commercial bus transportation is not reasonably available for such purposes. [1995 c
77 § 16; 1973 c 45 § 2; 1971 c 78 § 1. Formerly RCW
28A.24.110.]
Elderly persons defined—Program limitation: RCW 28A.160.070.
28A.160.050 Lease of buses to transport children
with disabilities and elderly—Directors to authorize. The
directors of school districts may authorize leases under RCW
28A.160.040 through 28A.160.060: PROVIDED, That such
leases do not conflict with regular school purposes. [1990
c 33 § 134; 1971 c 78 § 2. Formerly RCW 28A.24.111.]
28A.160.060 Lease of buses to transport children
with disabilities and elderly—Lease at local level—
Criteria. The lease of the equipment shall be handled by
the school directors at a local level. The school directors
may establish criteria for bus use and lease, including, but
not limited to, minimum costs, and driver requirements.
[1971 c 78 § 3. Formerly RCW 28A.24.112.]
28A.160.070 Lease of buses to transport children
with disabilities and elderly—Elderly persons defined—
Program limitation. For purposes of RCW 28A.160.010
and 28A.160.040, "elderly person" shall mean a person who
is at least sixty years of age. No school district funds may
be used for the operation of such a program. [1990 c 33 §
135; 1973 c 45 § 3. Formerly RCW 28A.24.120.]
28A.160.080 School buses, rental or lease for
emergency purposes—Authorization. It is the intent of the
legislature and the purpose of RCW 28A.160.010,
28A.160.080, and 28A.160.090 that in the event of major
forest fires, floods, or other natural emergencies that boards
of directors of school districts, in their discretion, may rent
or lease school buses to governmental agencies for the
(2002 Ed.)
28A.160.030
purposes of transporting personnel, supplies and/or evacuees.
[1990 c 33 § 136; 1971 c 24 § 1. Formerly RCW
28A.24.170.]
28A.160.090 School buses, rental or lease for
emergency purposes—Board to determine district
policy—Conditions if rent or lease. Each school district
board shall determine its own policy as to whether or not its
school buses will be rented or leased for the purposes of
RCW 28A.160.080, and if the board decision is to rent or
lease, under what conditions, subject to the following:
(1) Such renting or leasing may take place only after the
director of community, trade, and economic development or
any of his or her agents so authorized has, at the request of
an involved governmental agency, declared that an emergency exists in a designated area insofar as the need for additional transport is concerned.
(2) The agency renting or leasing the school buses must
agree, in writing, to reimburse the school district for all costs
and expenses related to their use and also must provide an
indemnity agreement protecting the district against any type
of claim or legal action whatsoever, including all legal costs
incident thereto. [1995 c 399 § 20; 1990 c 33 § 137; 1986
c 266 § 21; 1985 c 7 § 88; 1974 ex.s. c 171 § 1; 1971 c 24
§ 2. Formerly RCW 28A.24.172.]
Severability—1986 c 266: See note following RCW 38.52.005.
28A.160.100 School buses, transport of general
public to interscholastic activities—Limitations. In
addition to the authority otherwise provided in RCW
28A.160.010 through 28A.160.120 to school districts for the
transportation of persons, whether school children, school
personnel, or otherwise, any school district authorized to use
school buses and drivers hired by the district for the transportation of school children to and from a school activity,
along with such school employees as necessary for their
supervision, shall, if such school activity be an interscholastic activity, be authorized to transport members of the
general public to such event and utilize the school district’s
buses, transportation equipment and facilities, and employees
therefor: PROVIDED, That provision shall be made for the
reimbursement and payment to the school district by such
members of the general public of not less than the district’s
actual costs and the reasonable value of the use of the
district’s buses and facilities provided in connection with
such transportation: PROVIDED FURTHER, That wherever
private transportation certified or licensed by the utilities and
transportation commission or public transportation is reasonably available as determined by rule and regulation of the
state board of education, this section shall not apply. [1990
c 33 § 138; 1980 c 91 § 1. Formerly RCW 28A.24.175.]
28A.160.110 School buses, authorization for parent,
guardian or custodian of a student to ride—Limitations.
Every school district board of directors may authorize any
parent, guardian or custodian of a student enrolled in the district to ride a school bus or other student transportation
vehicle at the request of school officials or employees
designated by the board: PROVIDED, That excess seating
space is available on the vehicle after the transportation
needs of students have been met: PROVIDED FURTHER,
[Title 28A RCW—page 19]
28A.160.110
Title 28A RCW: Common School Provisions
That private or other public transportation of the parent,
guardian or custodian is not reasonable in the board’s
judgment. [1980 c 122 § 1. Formerly RCW 28A.24.178.]
28A.160.115 Bus routes. On highways divided into
separate roadways as provided in RCW 46.61.150 and
highways with three or more marked traffic lanes, public
school district bus routes and private school bus routes shall
serve each side of the highway so that students do not have
to cross the highway, unless there is a traffic control signal
as defined in RCW 46.04.600 or an adult crossing guard
within three hundred feet of the bus stop to assist students
while crossing such multiple-lane highways. [1990 c 241 §
11.]
28A.160.120 Agreements with other governmental
entities for transportation of public or other noncommon
school purposes—Limitations. Any school district board
of directors or any intermediate school district board may
enter into agreements pursuant to chapter 39.34 RCW or
chapter 35.58 RCW, as now or hereafter amended, with any
city, town, county, metropolitan municipal corporation, and
any federal or other state governmental entity, or any
combination of the foregoing, for the purpose of providing
for the transportation of students and/or members of the
public through the use, in whole or part, of the school
district’s buses, transportation equipment and facilities, and
employees: PROVIDED, That any agreement entered into
for purposes of transportation pursuant to this section shall
conform with the provisions of RCW 35.58.250 where
applicable and shall provide for the reimbursement and
payment to the school district of not less than the district’s
actual costs and the reasonable value of the use of the
district’s buses, and transportation equipment and supplies
which are incurred and otherwise provided in connection
with the transportation of members of the public or other
noncommon school purposes: PROVIDED FURTHER, That
wherever public transportation, or private transportation
certified or licensed by the Washington utilities and transportation commission is not reasonably available, the school
district or intermediate school district may transport members
of the public so long as they are reimbursed for the cost of
such transportation, and such transportation has been
approved by any metropolitan municipal corporation performing public transportation pursuant to chapter 35.58 RCW
in the area to be served by the district. [1974 ex.s. c 93 §
1. Formerly RCW 28A.24.180.]
28A.160.130 Transportation vehicle fund—Deposits
in—Use—Rules for establishment and use. (1) There is
created a fund on deposit with each county treasurer for each
school district of the county, which shall be known as the
transportation vehicle fund. Money to be deposited into the
transportation vehicle fund shall include, but is not limited
to, the following:
(a) The balance of accounts held in the general fund of
each school district for the purchase of approved transportation equipment and for major transportation equipment
repairs under RCW 28A.150.280. The amount transferred
shall be the balance of the account as of September 1, 1982;
[Title 28A RCW—page 20]
(b) Reimbursement payments provided for in RCW
28A.160.200 except those provided under *RCW
28A.160.200(4) that are necessary for contracted payments
to private carriers;
(c) Earnings from transportation vehicle fund investments as authorized in RCW 28A.320.300; and
(d) The district’s share of the proceeds from the sale of
transportation vehicles, as determined by the superintendent
of public instruction.
(2) Funds in the transportation vehicle fund may be used
for the following purposes:
(a) Purchase of pupil transportation vehicles pursuant to
RCW 28A.160.200 and 28A.150.280;
(b) Payment of conditional sales contracts as authorized
in RCW 28A.335.200 or payment of obligations authorized
in RCW 28A.530.080, entered into or issued for the purpose
of pupil transportation vehicles;
(c) Major repairs to pupil transportation vehicles.
The superintendent of public instruction shall adopt rules
which shall establish the standards, conditions, and procedures governing the establishment and use of the transportation vehicle fund. The rules shall not permit the transfer of
funds from the transportation vehicle fund to any other fund
of the district. [1991 c 114 § 2; 1990 c 33 § 139; 1981 c
265 § 7. Formerly RCW 28A.58.428.]
*Reviser’s note: RCW 28A.160.200 was amended by 1995 1st sp.s.
c 10 § 2, changing subsection (4) to subsection (3).
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
28A.160.140 Contract for pupil transportation
services with private nongovernmental entity—
Competitive bid procedures. As a condition of entering
into a pupil transportation services contract with a private
nongovernmental entity, each school district shall engage in
an open competitive process at least once every five years.
This requirement shall not be construed to prohibit a district
from entering into a pupil transportation services contract of
less than five years in duration with a district option to
renew, extend, or terminate the contract, if the district
engages in an open competitive process at least once every
five years after July 26, 1987. As used in this section:
(1) "Open competitive process" means either one of the
following, at the choice of the school district:
(a) The solicitation of bids or quotations and the award
of contracts under RCW 28A.335.190; or
(b) The competitive solicitation of proposals and their
evaluation consistent with the process and criteria recommended or required, as the case may be, by the office of
financial management for state agency acquisition of personal service contractors;
(2) "Pupil transportation services contract" means a
contract for the operation of privately owned or school
district owned school buses, and the services of drivers or
operators, management and supervisory personnel, and their
support personnel such as secretaries, dispatchers, and mechanics, or any combination thereof, to provide students with
transportation to and from school on a regular basis; and
(3) "School bus" means a motor vehicle as defined in
RCW 46.04.521 and under the rules of the superintendent of
public instruction. [1990 c 33 § 140; 1987 c 141 § 2.
Formerly RCW 28A.58.133.]
(2002 Ed.)
Student Transportation
Severability—1987 c 141: See note following RCW 28A.335.170.
28A.160.150 Student transportation allocation—
Operating costs, determination and funding. Funds
allocated for transportation costs shall be in addition to the
basic education allocation. The distribution formula developed in RCW 28A.160.150 through 28A.160.180 shall be for
allocation purposes only and shall not be construed as
mandating specific levels of pupil transportation services by
local districts. Operating costs as determined under RCW
28A.160.150 through 28A.160.180 shall be funded at one
hundred percent or as close thereto as reasonably possible
for transportation of an eligible student to and from school
as defined in RCW 28A.160.160(3). In addition, funding
shall be provided for transportation services for students
living within one radius mile from school as determined
under RCW 28A.160.180(2). [1996 c 279 § 1; 1990 c 33 §
141; 1983 1st ex.s. c 61 § 2; 1981 c 265 § 1. Formerly
RCW 28A.41.505.]
Application—1996 c 279: "This act shall be effective for school
transportation programs in the 1996-97 school year and thereafter." [1996
c 279 § 4.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—1981 c 265: "With the exception of sections 8 and
13 of this amendatory act, the effective date of this amendatory act is
September 1, 1982. The superintendent of public instruction and the office
thereof prior to the effective date of this amendatory act may take such
actions as necessary for the orderly implementation thereof and during such
period may carry out such data collection activities and district notification
provisions as provided for herein." [1981 c 265 § 16.]
Severability—1981 c 265: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 265 § 17.]
28A.160.160 Student transportation allocation—
Definitions. For purposes of RCW 28A.160.150 through
28A.160.190, except where the context shall clearly indicate
otherwise, the following definitions apply:
(1) "Eligible student" means any student served by the
transportation program of a school district or compensated
for individual transportation arrangements authorized by
RCW 28A.160.030 whose route stop is more than one radius
mile from the student’s school, except if the student to be
transported is disabled under RCW 28A.155.020 and is
either not ambulatory or not capable of protecting his or her
own welfare while traveling to or from the school or agency
where special education services are provided, in which case
no mileage distance restriction applies.
(2) "Superintendent" means the superintendent of public
instruction.
(3) "To and from school" means the transportation of
students for the following purposes:
(a) Transportation to and from route stops and schools;
(b) Transportation to and from schools pursuant to an
interdistrict agreement pursuant to RCW 28A.335.160;
(c) Transportation of students between schools and
learning centers for instruction specifically required by
statute; and
(d) Transportation of students with disabilities to and
from schools and agencies for special education services.
(2002 Ed.)
28A.160.140
Extended day transportation shall not be considered part
of transportation of students "to and from school" for the
purposes of chapter 61, Laws of 1983 1st ex. sess.
(4) "Transportation services" for students living within
one radius mile from school means school transportation
services including the use of buses, funding of crossing
guards, and matching funds for local and state transportation
projects intended to mitigate hazardous walking conditions.
Priority for transportation services shall be given to students
in grades kindergarten through five. [1996 c 279 § 2; 1995
c 77 § 17; 1990 c 33 § 142; 1983 1st ex.s. c 61 § 3; 1981 c
265 § 2. Formerly RCW 28A.41.510.]
Application—1996 c 279: See note following RCW 28A.160.150.
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
28A.160.170 Student transportation allocation—
District’s annual report to superintendent. Each district
shall submit to the superintendent of public instruction
during October of each year a report containing the following:
(1)(a) The number of eligible students transported to and
from school as provided for in RCW 28A.160.150 for the
current school year and the number of miles estimated to be
driven for pupil transportation services, along with a map
describing student route stop locations and school locations,
and (b) the number of miles driven for pupil transportation
services as authorized in RCW 28A.160.150 the previous
school year; and
(2) Other operational data and descriptions as required
by the superintendent to determine allocation requirements
for each district.
Each district shall submit the information required in
this section on a timely basis as a condition of the continuing receipt of school transportation moneys. [1990 c 33 §
143; 1983 1st ex.s. c 61 § 4; 1981 c 265 § 3. Formerly
RCW 28A.41.515.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
28A.160.180 Student transportation allocation—
Allocation rates, adjustment—District-owned passenger
cars—Report. Each district’s annual student transportation
allocation shall be based on differential rates determined by
the superintendent of public instruction in the following
manner:
(1) The superintendent shall annually calculate a
standard student mile allocation rate for determining the
transportation allocation for those services provided for in
RCW 28A.160.150. "Standard student mile allocation rate,"
as used in this chapter, means the per mile allocation rate for
transporting an eligible student. The standard student mile
allocation rate may be adjusted to include such additional
differential factors as distance; restricted passenger load;
circumstances that require use of special types of transportation vehicles; student with disabilities load; and small fleet
maintenance.
[Title 28A RCW—page 21]
28A.160.180
Title 28A RCW: Common School Provisions
(2) For transportation services for students living within
one radius mile from school, the allocation shall be based on
the number of students in grades kindergarten through five
living within one radius mile as specified in the biennial
appropriations act.
(3) The superintendent of public instruction shall
annually calculate allocation rate(s), which shall include
vehicle amortization, for determining the transportation
allocation for transporting students in district-owned passenger cars, as defined in RCW 46.04.382, pursuant to RCW
28A.160.010 for services provided for in RCW 28A.160.150
if a school district deems it advisable to use such vehicles
after the school district board of directors has considered the
safety of the students being transported as well as the
economy of utilizing a district-owned passenger car in lieu
of a school bus.
(4) Prior to June 1st of each year the superintendent
shall submit to the office of financial management, and the
committees on education and ways and means of the senate
and house of representatives a report outlining the methodology and rationale used in determining the allocation rates to
be used the following year. [1996 c 279 § 3; 1995 c 77 §
18; 1990 c 33 § 144; 1985 c 59 § 1; 1983 1st ex.s. c 61 § 5;
1982 1st ex.s. c 24 § 2; 1981 c 265 § 4. Formerly RCW
28A.41.520.]
Application—1996 c 279: See note following RCW 28A.160.150.
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1982 1st ex.s. c 24: See notes
following RCW 28A.150.370.
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
28A.160.190 Student transportation allocation—
Notice—Revised eligible student data, when—Allocation
payments, amounts, when. The superintendent shall notify
districts of their student transportation allocation before
January 15th. If the number of eligible students in a school
district changes ten percent or more from the October report,
and the change is maintained for a period of twenty consecutive school days or more, the district may submit revised
eligible student data to the superintendent of public instruction. The superintendent shall, to the extent funds are
available, recalculate the district’s allocation for the transportation of pupils to and from school.
The superintendent shall make the student transportation
allocation in accordance with the apportionment payment
schedule in RCW 28A.510.250. Such allocation payments
may be based on estimated amounts for payments to be
made in September, October, November, December, and
January. [1990 c 33 § 145; 1985 c 59 § 2; 1983 1st ex.s. c
61 § 6; 1982 1st ex.s. c 24 § 3; 1981 c 265 § 5. Formerly
RCW 28A.41.525.]
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Effective date—Severability—1982 1st ex.s. c 24: See notes
following RCW 28A.150.370.
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
28A.160.195 Vehicle acquisition—School bus
categories—Competitive specifications—Purchase—
[Title 28A RCW—page 22]
Reimbursement—Rules. (1) The superintendent of public
instruction, in consultation with the regional transportation
coordinators of the educational service districts, shall
establish a minimum number of school bus categories
considering the capacity and type of vehicles required by
school districts in Washington. The superintendent, in
consultation with the regional transportation coordinators of
the educational service districts, shall establish competitive
specifications for each category of school bus. The categories shall be developed to produce minimum long-range
operating costs, including costs of equipment and all costs in
operating the vehicles. The categories, for purposes of
comparative studies, will be at a minimum the same as those
in the beginning of the 1994-95 school year. The competitive specifications shall meet federal motor vehicle safety
standards, minimum state specifications as established by
rule by the superintendent, and supported options as determined by the superintendent in consultation with the regional
transportation coordinators of the educational service
districts.
(2) After establishing school bus categories and competitive specifications, the superintendent of public instruction
shall solicit competitive price quotes from school bus dealers
to be in effect for one year and establish a list of the lowest
competitive price quotes obtained under this subsection.
(3) The superintendent shall base the level of reimbursement to school districts and educational service districts for
school buses on the lowest quote in each category.
(4) Notwithstanding RCW 28A.335.190, school districts
and educational service districts may purchase at the quoted
price directly from the dealer who is providing the lowest
competitive price quote on the list established under subsection (2) of this section. School districts and educational
service districts may make their own selections for school
buses, but shall be reimbursed at the rates determined under
this section and RCW 28A.160.200. District-selected options
shall not be reimbursed by the state.
(5) This section does not prohibit school districts or
educational service districts from conducting their own
competitive bid process.
(6) The superintendent of public instruction may adopt
rules under chapter 34.05 RCW to implement this section.
[1995 1st sp.s. c 10 § 1.]
Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: "(1) Section 1 of
this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and shall take effect immediately [June 14, 1995].
(2) Section 2 of this act shall take effect September 1, 1995." [1995
1st sp.s. c 10 § 5.]
28A.160.200 Vehicle acquisition—Reimbursement
schedule—Maintenance and operation—Depreciation
schedule. (1) The superintendent shall develop a reimbursement schedule to pay districts for the cost of student transportation vehicles purchased after September 1, 1982. While
it is the responsibility of each district to select and pay for
each student transportation vehicle purchased by the district,
each district shall be paid a sum based on the category of
vehicle, anticipated lifetime of vehicles of this category, and
state reimbursement rate for the category plus inflation as
recognized by the reimbursement schedule established in this
section as set by the superintendent. Categories and reim(2002 Ed.)
Student Transportation
bursement rates of vehicles shall be those established under
RCW 28A.160.195. The accumulated value of the payments
and the potential investment return thereon shall be designed
to be equal to the replacement cost of the vehicle less its
salvage value at the end of its anticipated lifetime. The
superintendent shall revise at least annually the reimbursement payments based on the current and anticipated future
cost of comparable categories of transportation equipment.
Reimbursements to school districts for approved transportation equipment shall be placed in a separate transportation
vehicle fund established for each school district under RCW
28A.160.130. However, educational service districts providing student transportation services pursuant to RCW
28A.310.180(4) and receiving moneys generated pursuant to
this section shall establish and maintain a separate transportation vehicle account in the educational service district’s
general expense fund for the purposes and subject to the
conditions under RCW 28A.160.130 and 28A.320.300.
(2) To the extent possible, districts shall operate vehicles
acquired under this section not less than the number of years
or useful lifetime now, or hereafter, assigned to the category
of vehicles by the superintendent. School districts shall
properly maintain the transportation equipment acquired
under the provisions of this section, in accordance with rules
established by the office of the superintendent of public
instruction. If a district fails to follow generally accepted
standards of maintenance and operation, the superintendent
of public instruction shall penalize the district by deducting
from future reimbursements under this section an amount
equal to the original cost of the vehicle multiplied by the
fraction of the useful lifetime or miles the vehicle failed to
operate.
(3) The superintendent shall annually develop a depreciation schedule to recognize the cost of depreciation to
districts contracting with private carriers for student transportation. Payments on this schedule shall be a straight line
depreciation based on the original cost of the appropriate
category of vehicle. [1995 1st sp.s. c 10 § 2; 1990 c 33 §
146; 1987 c 508 § 4; 1981 c 265 § 6. Formerly RCW
28A.41.540.]
Effective dates—1995 1st sp.s. c 10 §§ 1 and 2: See note following
RCW 28A.160.195.
Effective date—Severability—1981 c 265: See notes following
RCW 28A.160.150.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.160.210 School bus drivers, training and
qualifications—Rules and regulations for. In addition to
other powers and duties, the state board of education shall
adopt rules and regulations governing the training and
qualifications of school bus drivers. Such rules and regulations shall be designed to insure that persons will not be
employed to operate school buses unless they possess such
physical health and driving skills as are necessary to safely
operate school buses: PROVIDED, That such rules and
regulations shall insure that school bus drivers are provided
a due process hearing before any certification required by
such rules and regulations is cancelled: PROVIDED FURTHER, That such rules and regulations shall not conflict
with the authority of the department of licensing to license
school bus drivers in accordance with chapter 46.25 RCW.
(2002 Ed.)
28A.160.200
The state board of education may obtain a copy of the
driving record, as maintained by the department of licensing,
for consideration when evaluating a school bus driver’s
driving skills. [1989 c 178 § 20; 1981 c 200 § 1; 1979 c
158 § 89; 1969 ex.s. c 153 § 4. Formerly RCW
28A.04.131.]
Severability—Effective dates—1989 c 178: See RCW 46.25.900 and
46.25.901.
Chapter 28A.165
LEARNING ASSISTANCE PROGRAM
Sections
28A.165.010
28A.165.012
28A.165.030
28A.165.040
28A.165.050
28A.165.060
28A.165.070
28A.165.080
28A.165.090
Intent.
Program created.
Definitions.
Application for state funds—Needs assessment—Plan.
Identification of students—Coordination of use of
funds.
Services or activities under program.
Eligibility for funds—Distribution of funds—
Development of allocation formula.
Monitoring.
Rules.
28A.165.010 Intent. The legislature finds that an
important and effective means of improving the educational
performance of many students with special needs is to
improve the general education program. The legislature also
finds that there is a continuum of educational program needs
among students with learning problems or poor academic
performance. The legislature wants to encourage school
districts to serve students with special needs within the
regular classroom. Therefore, the legislature intends to
replace the remediation program with a broader range of
program options, without reducing special instructional
programs when those services are both necessary and
appropriate. The legislature intends to enhance the ability of
basic education teachers to identify and address learning
problems within the regular classroom. The legislature
further intends to stimulate development by local schools and
school districts of innovative and effective means of serving
students with special needs. The goal is to increase the
achievement of students with special needs in a shorter
period of time using processes that are more timely, appropriate and effective in producing better outcomes. [1989 c
233 § 1; 1987 c 478 § 1. Formerly RCW 28A.120.010.]
28A.165.012 Program created. There is hereby
created a statewide program designed to enhance educational
opportunities for public school students who are deficient in
basic skills achievement. This program shall be known as
the learning assistance program. [1987 c 478 § 2. Formerly
RCW 28A.120.012.]
28A.165.030 Definitions. Unless the context clearly
indicates otherwise the definitions in this section apply
throughout RCW 28A.165.010 through 28A.165.090.
(1) "Basic skills" means reading, mathematics, and
language arts as well as readiness activities associated with
such skills.
[Title 28A RCW—page 23]
28A.165.030
Title 28A RCW: Common School Provisions
(2) "Placement testing" means the administration of
objective measures by a school district for the purposes of
diagnosing the basic skills achievement levels, determining
the basic skills areas of greatest need, and establishing the
learning assistance needs of individual students in
conformance with instructions established by the superintendent of public instruction for such purposes.
(3) "Approved program" means a program conducted
pursuant to a plan submitted by a district and approved by
the superintendent of public instruction under RCW
28A.165.040.
(4) "Participating student" means a student in kindergarten through grade nine who scores below grade level in basic
skills, as determined by placement testing, and who is
identified under RCW 28A.165.050 to receive additional
services or support under an approved program.
(5) "Basic skills tests" means statewide tests at the third
grade level established pursuant to RCW 28A.230.190 and
*eighth grade level established pursuant to RCW
28A.230.230. [1999 c 78 § 1; 1990 c 33 § 148; 1987 c 478
§ 3. Formerly RCW 28A.120.014.]
*Reviser’s note: The eighth grade test in RCW 28A.230.230 was
changed to a ninth grade test by 1999 c 373 § 401.
28A.165.040 Application for state funds—Needs
assessment—Plan. Each school district which applies for
state funds distributed pursuant to RCW 28A.165.070 shall
conduct a needs assessment and, on the basis of its findings,
shall develop a plan for the use of these funds. The plan
may incorporate plans developed by each eligible school.
Districts are encouraged to place special emphasis on addressing the needs of students in the early grades. The
needs assessment and plan shall be updated at least biennially, and shall be determined in consultation with an advisory
committee including but not limited to members of the following groups: Parents, including parents of students served
by the program; teachers; principals; administrators; and
school directors. The district shall submit a biennial
application specifying this plan to the office of the superintendent of public instruction for approval. Plans shall
include:
(1) The means which the district will use to identify
participating students to receive additional services or
support under the proposed program;
(2) The specific services or activities which the funds
will be used to support, and their estimated costs;
(3) A plan for annual evaluation of the program by the
district, based on performance objectives related to basic
skills achievement of participating students, and a plan for
reporting the results of this evaluation to the superintendent
of public instruction;
(4) Procedures for recordkeeping or other program
documentation as may be required by the superintendent of
public instruction; and
(5) The approval of the local school district board of
directors. [1990 c 33 § 149; 1989 c 233 § 2; 1987 c 478 §
4. Formerly RCW 28A.120.016.]
28A.165.050 Identification of students—
Coordination of use of funds. Identification of participating students for an approved program of learning assis[Title 28A RCW—page 24]
tance shall be determined in each district through the
implementation of the findings of the district’s needs
assessment and through placement testing. School districts
are encouraged to coordinate the use of funds from federal,
state, and local sources in serving students who are below
grade level in basic skills, and to make efficient use of these
resources in meeting the needs of students with the greatest
academic deficits. [1987 c 478 § 5. Formerly RCW
28A.120.018.]
28A.165.060 Services or activities under program.
Services or activities which may be supported under an
approved program of learning assistance shall include but not
be limited to:
(1) Consultant teachers to assist classroom teachers in
meeting the needs of participating students;
(2) Instructional support staff and instructional assistants
to assist classroom teachers in meeting the needs of participating students;
(3) In-service training for classroom teachers, instructional support staff, and instructional assistants in
multicultural differences and the identification of learning
problems or in instructional methods for teaching students
with learning problems;
(4) Special instructional programs for participating students, of sufficient size, scope, and quality to address the
needs of these students and to give reasonable promise of
substantial progress toward meeting their educational
objectives;
(5) Tutoring assistance during or after school or on
Saturday provided by instructional support staff, a student
tutor, teacher, or instructional assistant;
(6) In-service training for parents of participating
students; and
(7) Counseling, with an emphasis on services for
elementary students who are in need of learning assistance,
provided by instructional support staff such as school
counselors, school psychologists, school nurses, and school
social workers. Pursuant to the provisions of *section 4(2)
of this act, learning assistance funds may be used to provide
counseling for students who in the absence of counseling
would likely become in need of such learning assistance.
[1989 c 233 § 3; 1987 c 478 § 6. Formerly RCW
28A.120.020.]
*Reviser’s note: Section 4(2) was vetoed by the governor.
28A.165.070 Eligibility for funds—Distribution of
funds—Development of allocation formula. Each school
district which has established an approved program shall be
eligible, as determined by the superintendent of public instruction, for state funds made available for the purposes of
such programs.
(1) For the 1995-96 school year and thereafter, the
superintendent of public instruction shall distribute funds
appropriated for the learning assistance program in accordance with the biennial appropriations act. The distribution
formula shall be based upon an assessment of students and
a poverty factor.
(2) The distribution of funds is for allocation purposes
only.
(2002 Ed.)
Learning Assistance Program
(3) The superintendent of public instruction shall
recommend to the legislature a new allocation formula that
uses additional elements consistent with performance-based
education and the new assessment system developed by the
commission on student learning. The superintendent of
public instruction shall develop the recommendations for a
new allocation formula not later than the 1997-98 school
year, based upon the initial implementation of the assessment
system for reading, writing, communication, and mathematics. [1995 1st sp.s. c 13 § 1; 1993 sp.s. c 24 § 520; 1990 c
33 § 150; 1987 c 478 § 7. Formerly RCW 28A.120.022.]
Severability—1993 sp.s. c 24: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 sp.s. c 24 § 932.]
Effective dates—1993 sp.s. c 24: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1993, except for section 308(5) of this act which shall take effect
immediately [May 28, 1993]." [1993 sp.s. c 24 § 933.]
28A.165.080 Monitoring. In order to insure that
school districts are meeting the requirements of an approved
program, the superintendent of public instruction shall
monitor such programs no less than once every three years.
The results of the evaluations required by RCW 28A.165.040
shall be transmitted to the superintendent of public instruction annually. Individual student records shall be maintained
at the school district. [1990 c 33 § 151; 1987 c 478 § 8.
Formerly RCW 28A.120.024.]
28A.165.090 Rules. The superintendent of public
instruction shall promulgate rules pursuant to chapter 34.05
RCW which he or she deems necessary to implement RCW
28A.165.010 through 28A.165.080. [1990 c 33 § 152; 1987
c 478 § 9. Formerly RCW 28A.120.026.]
Chapter 28A.170
SUBSTANCE ABUSE AWARENESS PROGRAM
Sections
28A.170.050
28A.170.075
28A.170.080
28A.170.090
Advisory committee—Members—Duties.
Findings—Intent.
Grants—Substance abuse intervention.
Selection of grant recipients—Program rules.
28A.170.050 Advisory committee—Members—
Duties. The superintendent of public instruction shall
appoint a substance abuse advisory committee comprised of:
Representatives of certificated and classified staff; administrators; parents; students; school directors; the bureau of
alcohol and substance abuse within the department of social
and health services; the traffic safety commission; and
county coordinators of alcohol and drug treatment. The
committee shall advise the superintendent on matters of local
program development, coordination, and evaluation. [1997
c 13 § 3; 1987 c 518 § 209. Formerly RCW 28A.120.038.]
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
(2002 Ed.)
28A.165.070
28A.170.075 Findings—Intent. (1) The legislature
finds that the provision of drug and alcohol counseling and
related prevention and intervention services in schools will
enhance the classroom environment for students and teachers, and better enable students to realize their academic and
personal potentials.
(2) The legislature finds that it is essential that resources
be made available to school districts to provide early drug
and alcohol prevention and intervention services to students
and their families; to assist in referrals to treatment providers; and to strengthen the transition back to school for students who have had problems of drug and alcohol abuse.
(3) Substance abuse awareness programs funded under
this chapter do not fall within the definition of basic education for purposes of Article IX of the state Constitution and
the state’s funding duty thereunder.
(4) The legislature intends to provide grants for drug
and alcohol abuse prevention and intervention in schools,
targeted to those schools with the highest concentrations of
students at risk. [1995 c 335 § 204; 1990 c 33 § 156; 1989
c 271 § 310. Formerly RCW 28A.120.080.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.170.080 Grants—Substance abuse intervention.
(1) Grants provided under RCW 28A.170.090 may be used
solely for services provided by a substance abuse intervention specialist or for dedicated staff time for counseling and
intervention services provided by any school district certificated employee who has been trained by and has access to
consultation with a substance abuse intervention specialist.
Services shall be directed at assisting students in kindergarten through twelfth grade in overcoming problems of drug
and alcohol abuse, and in preventing abuse and addiction to
such substances, including nicotine. The grants shall require
local matching funds so that the grant amounts support a
maximum of eighty percent of the costs of the services funded. The services of a substance abuse intervention specialist
may be obtained by means of a contract with a state or
community services agency or a drug treatment center.
Services provided by a substance abuse intervention specialist may include:
(a) Individual and family counseling, including preventive counseling;
(b) Assessment and referral for treatment;
(c) Referral to peer support groups;
(d) Aftercare;
(e) Development and supervision of student mentor
programs;
(f) Staff training, including training in the identification
of high-risk children and effective interaction with those
children in the classroom; and
(g) Development and coordination of school drug and
alcohol core teams, involving staff, students, parents, and
community members.
(2) For the purposes of this section, "substance abuse
intervention specialist" means any one of the following,
except that diagnosis and assessment, counseling and
aftercare specifically identified with treatment of chemical
dependency shall be performed only by personnel who meet
[Title 28A RCW—page 25]
28A.170.080
Title 28A RCW: Common School Provisions
the same qualifications as are required of a qualified chemical dependency counselor employed by an alcoholism or
drug treatment program approved by the department of social
and health services.
(a) An educational staff associate employed by a school
district or educational service district who holds certification
as a school counselor, school psychologist, school nurse, or
school social worker under state board of education rules
adopted pursuant to RCW 28A.305.130;
(b) An individual who meets the definition of a qualified drug or alcohol counselor established by the bureau of
alcohol and substance abuse;
(c) A counselor, social worker, or other qualified
professional employed by the department of social and health
services;
(d) A psychologist licensed under chapter 18.83 RCW;
or
(e) A children’s mental health specialist as defined in
RCW 71.34.020. [1990 c 33 § 157; 1989 c 271 § 311.
Formerly RCW 28A.120.082.]
(3) School districts receiving grants under this section
shall be required to establish a means of accessing formal
assessment services for determining treatment needs of
students with drug and alcohol problems. The grant applications submitted by districts shall identify the districts’ plan
for meeting this requirement.
(4) School districts receiving grants under this section
shall be required to perform biennial evaluations of their
drug and alcohol abuse prevention and intervention programs, and to report on the results of these evaluations to the
superintendent of public instruction.
(5) The superintendent of public instruction may adopt
rules to implement RCW 28A.170.080 and 28A.170.090.
[1995 c 335 § 205; 1990 c 33 § 158; 1989 c 271 § 312.
Formerly RCW 28A.120.084.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1989 c 271: See note following RCW 9.94A.510.
Chapter 28A.175
DROPOUT PREVENTION AND
RETRIEVAL PROGRAM
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.170.090 Selection of grant recipients—Program
rules. (1) The superintendent of public instruction shall
select school districts and cooperatives of school districts to
receive grants for drug and alcohol abuse prevention and
intervention programs for students in kindergarten through
twelfth grade, from funds appropriated by the legislature for
this purpose. The minimum annual grant amount per district
or cooperative of districts shall be twenty thousand dollars.
Factors to be used in selecting proposals for funding and in
determining grant awards shall be developed in consultation
with the substance abuse advisory committee appointed
under RCW 28A.170.050, with the intent of targeting
funding to districts with high-risk populations. These factors
may include:
(a) Characteristics of the school attendance areas to be
served, such as the number of students from low-income
families, truancy rates, juvenile justice referrals, and social
services caseloads;
(b) The total number of students who would have access
to services; and
(c) Participation of community groups and law enforcement agencies in drug and alcohol abuse prevention and
intervention activities.
(2) The application procedures for grants under this
section shall include provisions for comprehensive planning,
establishment of a school and community substance abuse
advisory committee, and documentation of the district’s
needs assessment. Planning and application for grants under
this section may be integrated with the development of other
substance abuse awareness programs by school districts.
School districts shall, to the maximum extent feasible, coordinate the use of grants provided under this section with
other funding available for substance abuse awareness
programs. School districts should allocate resources giving
emphasis to drug and alcohol abuse intervention services for
students in grades five through nine. Grants may be used to
provide services for students who are enrolled in approved
private schools.
[Title 28A RCW—page 26]
Sections
28A.175.010
Educational progress information—Reporting requirements—Rules—Reports to legislature.
28A.175.010 Educational progress information—
Reporting requirements—Rules—Reports to legislature.
Each school district shall account for the educational
progress of each of its students. To achieve this, school
districts shall be required to report annually to the superintendent of public instruction:
(1) For students enrolled in each of a school district’s
high school programs:
(a) The number of students eligible for graduation in
fewer than four years;
(b) The number of students who graduate in four years;
(c) The number of students who remain in school for
more than four years but who eventually graduate and the
number of students who remain in school for more than four
years but do not graduate;
(d) The number of students who transfer to other
schools;
(e) The number of students who enter from other
schools;
(f) The number of students in the ninth through twelfth
grade who drop out of school over a four-year period; and
(g) The number of students whose status is unknown.
(2) Dropout rates of students in each of the grades nine
through twelve.
(3) Dropout rates for student populations in each of the
grades nine through twelve by:
(a) Ethnicity;
(b) Gender;
(c) Socioeconomic status; and
(d) Disability status.
(4) The causes or reasons, or both, attributed to students
for having dropped out of school in grades nine through
twelve.
(2002 Ed.)
Dropout Prevention and Retrieval Program
(5) The superintendent of public instruction shall adopt
rules under chapter 34.05 RCW to assure uniformity in the
information districts are required to report under subsections
(1) through (4) of this section. In developing rules, the
superintendent of public instruction shall consult with school
districts, including administrative and counseling personnel,
with regard to the methods through which information is to
be collected and reported.
(6) In reporting on the causes or reasons, or both,
attributed to students for having dropped out of school,
school building officials shall, to the extent reasonably
practical, obtain such information directly from students. In
lieu of obtaining such information directly from students,
building principals and counselors shall identify the causes
or reasons, or both, based on their professional judgment.
(7) The superintendent of public instruction shall report
annually to the legislature the information collected under
subsections (1) through (4) of this section. [1991 c 235 § 4;
1986 c 151 § 1. Formerly RCW 28A.58.087.]
Chapter 28A.180
TRANSITIONAL BILINGUAL
INSTRUCTION PROGRAM
Sections
28A.180.010
28A.180.020
28A.180.030
28A.180.040
28A.180.060
28A.180.080
28A.180.090
28A.180.030 Definitions. As used throughout this
chapter, unless the context clearly indicates otherwise:
(1) "Transitional bilingual instruction" means:
(a) A system of instruction which uses two languages,
one of which is English, as a means of instruction to build
upon and expand language skills to enable the pupil to
achieve competency in English. Concepts and information
are introduced in the primary language and reinforced in the
second language: PROVIDED, That the program shall
include testing in the subject matter in English; or
(b) In those cases in which the use of two languages is
not practicable as established by the superintendent of public
instruction and unless otherwise prohibited by law, an
alternative system of instruction which may include English
as a second language and is designed to enable the pupil to
achieve competency in English.
(2) "Primary language" means the language most often
used by the student for communication in his/her home.
(3) "Eligible pupil" means any enrollee of the school
district whose primary language is other than English and
whose English language skills are sufficiently deficient or
absent to impair learning. [2001 1st sp.s. c 6 § 3; 1990 c 33
§ 164; 1984 c 124 § 2; 1979 c 95 § 2. Formerly RCW
28A.58.802.]
Severability—1979 c 95: See note following RCW 28A.180.010.
Short title—Purpose.
Annual report by superintendent of public instruction.
Definitions.
School board duties.
Guidelines and rules.
Budget requests—Allocation of moneys—English
language skills test.
Evaluation system—Report to the legislature.
28A.180.010 Short title—Purpose. RCW
28A.180.010 through 28A.180.080 shall be known and cited
as "The Transitional Bilingual Instruction Act." The legislature finds that there are large numbers of children who
come from homes where the primary language is other than
English. The legislature finds that a transitional bilingual
education program can meet the needs of these children.
Pursuant to the policy of this state to insure equal educational opportunity to every child in this state, it is the purpose of
RCW 28A.180.010 through 28A.180.080 to provide for the
implementation of transitional bilingual education programs
in the public schools, and to provide supplemental financial
assistance to school districts to meet the extra costs of these
programs. [1990 c 33 § 163; 1984 c 124 § 1; 1979 c 95 §
1. Formerly RCW 28A.58.800.]
Severability—1979 c 95: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1979 c 95 § 9.]
28A.180.020 Annual report by superintendent of
public instruction. The superintendent of public instruction
shall review annually the transitional bilingual instruction
program and shall submit a report of such review to the
legislature on or before January 1 of each year. [1984 c 124
§ 8. Formerly RCW 28A.58.801.]
(2002 Ed.)
28A.175.010
28A.180.040 School board duties. Every school
district board of directors shall:
(1) Make available to each eligible pupil transitional
bilingual instruction to achieve competency in English, in
accord with rules of the superintendent of public instruction.
(2) Wherever feasible, ensure that communications to
parents emanating from the schools shall be appropriately
bilingual for those parents of pupils in the bilingual instruction program.
(3) Determine, by administration of an English test
approved by the superintendent of public instruction the
number of eligible pupils enrolled in the school district at the
beginning of a school year and thereafter during the year as
necessary in individual cases.
(4) Before the conclusion of each school year, measure
each eligible pupil’s improvement in learning the English
language by means of a test approved by the superintendent
of public instruction.
(5) Provide in-service training for teachers, counselors,
and other staff, who are involved in the district’s transitional
bilingual program. Such training shall include appropriate
instructional strategies for children of culturally different
backgrounds, use of curriculum materials, and program
models. [2001 1st sp.s. c 6 § 4; 1984 c 124 § 3; 1979 c 95
§ 3. Formerly RCW 28A.58.804.]
Effective date—1979 c 95 § 3: "Section 3 of this act shall take effect
September 1, 1980." [1979 c 95 § 7.]
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.060 Guidelines and rules. The superintendent of public instruction shall:
(1) Promulgate and issue program development guidelines to assist school districts in preparing their programs;
(2) Promulgate rules for implementation of RCW
28A.180.010 through 28A.180.080 in accordance with
[Title 28A RCW—page 27]
28A.180.060
Title 28A RCW: Common School Provisions
chapter 34.05 RCW. The rules shall be designed to maximize the role of school districts in selecting programs
appropriate to meet the needs of eligible students. The rules
shall identify the process and criteria to be used to determine
when a student is no longer eligible for transitional bilingual
instruction pursuant to RCW 28A.180.010 through
28A.180.080. [1990 c 33 § 165; 1984 c 124 § 5; 1979 c 95
§ 5. Formerly RCW 28A.58.808.]
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.080 Budget requests—Allocation of moneys—English language skills test. The superintendent of
public instruction shall prepare and submit biennially to the
governor and the legislature a budget request for bilingual
instruction programs. Moneys appropriated by the legislature
for the purposes of RCW 28A.180.010 through 28A.180.080
shall be allocated by the superintendent of public instruction
to school districts for the sole purpose of operating an
approved bilingual instruction program; priorities for funding
shall exist for the early elementary grades. No moneys shall
be allocated pursuant to this section to fund more than three
school years of bilingual instruction for each eligible pupil
within a district: PROVIDED, That such moneys may be
allocated to fund more than three school years of bilingual
instruction for any pupil who fails to demonstrate improvement in English language skills adequate to remove impairment of learning when taught only in English. The superintendent of public instruction shall set standards and
approve a test for the measurement of such English language
skills. [1995 c 335 § 601; 1990 c 33 § 167; 1979 c 95 § 6.
Formerly RCW 28A.58.810.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1979 c 95: See note following RCW 28A.180.010.
28A.180.090 Evaluation system—Report to the
legislature. The superintendent of public instruction shall
develop an evaluation system designed to measure increases
in the English and academic proficiency of eligible pupils.
When developing the system, the superintendent shall:
(1) Require school districts to assess potentially eligible
pupils within ten days of registration using an English
proficiency assessment or assessments as specified by the
superintendent of public instruction. Results of these
assessments shall be made available to both the superintendent of public instruction and the school district;
(2) Require school districts to annually assess all
eligible pupils at the end of the school year using an English
proficiency assessment or assessments as specified by the
superintendent of public instruction. Results of these
assessments shall be made available to both the superintendent of public instruction and the school district;
(3) Develop a system to evaluate increases in the
English and academic proficiency of students who are, or
were, eligible pupils. This evaluation shall include students
when they are in the program and after they exit the program
until they finish their K-12 career or transfer from the school
district. The purpose of the evaluation system is to inform
schools, school districts, parents, and the state of the
effectiveness of the transitional bilingual programs in school
[Title 28A RCW—page 28]
and school districts in teaching these students English and
other content areas, such as mathematics and writing; and
(4) Report to the education and fiscal committees of the
legislature by November 1, 2002, regarding the development
of the systems described in this section and a timeline for
the full implementation of those systems. The legislature
shall approve and provide funding for the evaluation system
in subsection (3) of this section before any implementation
of the system developed under subsection (3) of this section
may occur. [2001 1st sp.s. c 6 § 2.]
Chapter 28A.185
HIGHLY CAPABLE STUDENTS
Sections
28A.185.010
28A.185.020
28A.185.030
28A.185.040
28A.185.050
Program—Duties of superintendent of public instruction.
Funding.
Programs—Authority of local school districts—
Selection of students.
Contracts with University of Washington for education
of highly capable students at early entrance program or transition school—Allocation of funds—
Rules.
Program review and monitoring—Reports to the legislature—Rules.
28A.185.010 Program—Duties of superintendent of
public instruction. Pursuant to rules and regulations
adopted by the superintendent of public instruction for the
administration of this chapter, the superintendent of public
instruction shall carry out a program for highly capable
students. Such program may include conducting, coordinating and aiding in research (including pilot programs),
disseminating information to local school districts, providing
statewide staff development, and allocating to school districts
supplementary funds for additional costs of district programs,
as provided by RCW 28A.185.020. [1984 c 278 § 12.
Formerly RCW 28A.16.040.]
Severability—1984 c 278: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 278 § 24.]
28A.185.020 Funding. Supplementary funds as may
be provided by the state for this program, in accordance with
RCW 28A.150.370, shall be categorical funding on an excess
cost basis based upon a per student amount not to exceed
three percent of any district’s full-time equivalent enrollment. [1990 c 33 § 168; 1984 c 278 § 14. Formerly RCW
28A.16.050.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.185.030 Programs—Authority of local school
districts—Selection of students. Local school districts may
establish and operate, either separately or jointly, programs
for highly capable students. Such authority shall include the
right to employ and pay special instructors and to operate
such programs jointly with a public institution of higher
education. Local school districts which establish and operate
programs for highly capable students shall adopt identification procedures and provide educational opportunities as
follows:
(2002 Ed.)
Highly Capable Students
(1) In accordance with rules and regulations adopted by
the superintendent of public instruction, school districts shall
implement procedures for nomination, assessment and
selection of their most highly capable students. Nominations
shall be based upon data from teachers, other staff, parents,
students, and members of the community. Assessment shall
be based upon a review of each student’s capability as
shown by multiple criteria intended to reveal, from a wide
variety of sources and data, each student’s unique needs and
capabilities. Selection shall be made by a broadly based
committee of professionals, after consideration of the results
of the multiple criteria assessment.
(2) Students selected pursuant to procedures outlined in
this section shall be provided, to the extent feasible, an
educational opportunity which takes into account each
student’s unique needs and capabilities and the limits of the
resources and program options available to the district,
including those options which can be developed or provided
by using funds allocated by the superintendent of public
instruction for that purpose. [1984 c 278 § 13. Formerly
RCW 28A.16.060.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.185.040 Contracts with University of Washington for education of highly capable students at early
entrance program or transition school—Allocation of
funds—Rules. (1) The superintendent of public instruction
shall contract with the University of Washington for the
education of highly capable students below eighteen years of
age who are admitted or enrolled at such early entrance
program or transition school as are now or hereafter established and maintained by the University of Washington.
(2) The superintendent of public instruction shall
allocate directly to the University of Washington all of the
state basic education allocation moneys, state categorical
moneys excepting categorical moneys provided for the
highly capable students program under RCW 28A.185.010
through 28A.185.030, and federal moneys generated by a
student while attending an early entrance program or
transition school at the University of Washington. The
allocations shall be according to each student’s school
district of residence. The expenditure of such moneys shall
be limited to selection of students, precollege instruction,
special advising, and related activities necessary for the
support of students while attending a transition school or
early entrance program at the University of Washington.
Such allocations may be supplemented with such additional
payments by other parties as necessary to cover the actual
and full costs of such instruction and other activities.
(3) The provisions of subsections (1) and (2) of this
section shall apply during the first three years a student is
attending a transition school or early entrance program at the
University of Washington or through the academic school
year in which the student turns eighteen, whichever occurs
first. No more than thirty students shall be admitted and enrolled in the transition school at the University of Washington in any one year.
(4) The superintendent of public instruction shall adopt
or amend rules pursuant to chapter 34.05 RCW implementing subsection (2) of this section before August 31, 1989.
(2002 Ed.)
28A.185.030
[1990 c 33 § 169; 1989 c 233 § 9; 1987 c 518 § 222. Formerly RCW 28A.58.217.]
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.185.050 Program review and monitoring—
Reports to the legislature—Rules. In order to ensure that
school districts are meeting the requirements of an approved
program for highly capable students, the superintendent of
public instruction shall monitor highly capable programs at
least once every five years. Monitoring shall begin during
the 2002-03 school year.
Any program review and monitoring under this section
may be conducted concurrently with other program reviews
and monitoring conducted by the office of the superintendent
of public instruction. In its review, the office shall monitor
program components that include but need not be limited to
the process used by the district to identify and reach out to
highly capable students with diverse talents and from diverse
backgrounds, assessment data and other indicators to
determine how well the district is meeting the academic
needs of highly capable students, and district expenditures
used to enrich or expand opportunities for these students.
Beginning June 30, 2003, and every five years thereafter, the office of the superintendent of public instruction shall
submit a report to the education committees of the house of
representatives and the senate that provides a brief description of the various instructional programs offered to highly
capable students.
The superintendent of public instruction may adopt rules
under chapter 34.05 RCW to implement this section. [2002
c 234 § 1.]
Chapter 28A.190
RESIDENTIAL EDUCATION PROGRAMS
Sections
28A.190.010
28A.190.020
28A.190.030
28A.190.040
28A.190.050
28A.190.060
Educational program for juveniles in detention facilities.
Educational programs for residential school residents—
"Residential school" defined.
Educational programs for residential school residents—
School district to conduct—Scope of duties and
authority.
Educational programs for residential school residents—
Duties and authority of DSHS and residential
school superintendent.
Educational programs for residential school residents—
Contracts between school district and DSHS—
Scope.
Educational programs for residential school residents—
DSHS to give notice when need for reduction of
staff—Liability upon failure.
28A.190.010 Educational program for juveniles in
detention facilities. A program of education shall be
provided for by the department of social and health services
and the several school districts of the state for common
school age persons who have been admitted to facilities
staffed and maintained or contracted pursuant to RCW
13.40.320 by the department of social and health services for
the education and treatment of juveniles who have been
[Title 28A RCW—page 29]
28A.190.010
Title 28A RCW: Common School Provisions
diverted or who have been found to have committed a
juvenile offense. The division of duties, authority, and
liabilities of the department of social and health services and
the several school districts of the state respecting the
educational programs shall be the same in all respects as set
forth in RCW 28A.190.030 through 28A.190.060 respecting
programs of education for state residential school residents.
For the purposes of this section, the term "residential school"
or "schools" as used in RCW 28A.190.030 through
28A.190.060 shall be construed to mean a facility staffed
and maintained by the department of social and health
services or a program established under RCW 13.40.320, for
the education and treatment of juvenile offenders on probation or parole. Nothing in this section shall prohibit a school
district from utilizing the services of an educational service
district subject to RCW 28A.310.180. [1996 c 84 § 1; 1990
c 33 § 170; 1983 c 98 § 3. Formerly RCW 28A.58.765.]
Juvenile facilities, educational programs: RCW 13.04.145.
28A.190.020 Educational programs for residential
school residents—"Residential school" defined. The term
"residential school" as used in RCW 28A.190.020 through
28A.190.060, 72.01.200, 72.05.010 and 72.05.130, each as
now or hereafter amended, shall mean Green Hill school,
Maple Lane school, Naselle Youth Camp, Cedar Creek
Youth Camp, Mission Creek Youth Camp, Echo Glen,
Lakeland Village, Rainier school, Yakima Valley school,
Interlake school, Fircrest school, Francis Haddon Morgan
Center, the Child Study and Treatment Center and Secondary
School of Western State Hospital, and such other schools,
camps, and centers as are now or hereafter established by the
department of social and health services for the diagnosis,
confinement and rehabilitation of juveniles committed by the
courts or for the care and treatment of persons who are
exceptional in their needs by reason of mental and/or
physical deficiency: PROVIDED, That the term shall not
include the state schools for the deaf and blind or adult
correctional institutions. [1990 c 33 § 171; 1979 ex.s. c 217
§ 1. Formerly RCW 28A.58.770.]
Effective date—1979 ex.s. c 217: "This act shall take effect on
September 1, 1979." [1979 ex.s. c 217 § 16.]
Severability—1979 ex.s. c 217: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 217 § 17.]
28A.190.030 Educational programs for residential
school residents—School district to conduct—Scope of
duties and authority. Each school district within which
there is located a residential school shall, singly or in concert
with another school district pursuant to RCW 28A.335.160
and 28A.225.250 or pursuant to chapter 39.34 RCW, conduct
a program of education, including related student activities,
for residents of the residential school. Except as otherwise
provided for by contract pursuant to RCW 28A.190.050, the
duties and authority of a school district and its employees to
conduct such a program shall be limited to the following:
(1) The employment, supervision and control of administrators, teachers, specialized personnel and other persons,
deemed necessary by the school district for the conduct of
the program of education;
[Title 28A RCW—page 30]
(2) The purchase, lease or rental and provision of
textbooks, maps, audio-visual equipment, paper, writing
instruments, physical education equipment and other instructional equipment, materials and supplies, deemed
necessary by the school district for the conduct of the
program of education;
(3) The development and implementation, in consultation with the superintendent or chief administrator of the
residential school or his or her designee, of the curriculum;
(4) The conduct of a program of education, including
related student activities, for residents who are three years of
age and less than twenty-one years of age, and have not met
high school graduation requirements as now or hereafter
established by the state board of education and the school
district which includes:
(a) Not less than one hundred and eighty school days
each school year;
(b) Special education pursuant to RCW 28A.155.010
through 28A.155.100, and vocational education, as necessary
to address the unique needs and limitations of residents; and
(c) Such courses of instruction and school related
student activities as are provided by the school district for
nonresidential school students to the extent it is practical and
judged appropriate for the residents by the school district
after consultation with the superintendent or chief administrator of the residential school: PROVIDED, That a
preschool special education program may be provided for
residential school students with disabilities;
(5) The control of students while participating in a
program of education conducted pursuant to this section and
the discipline, suspension or expulsion of students for
violation of reasonable rules of conduct adopted by the
school district; and
(6) The expenditure of funds for the direct and indirect
costs of maintaining and operating the program of education
that are appropriated by the legislature and allocated by the
superintendent of public instruction for the exclusive purpose
of maintaining and operating residential school programs of
education, and funds from federal and private grants, bequests and gifts made for the purpose of maintaining and
operating the program of education. [1995 c 77 § 19; 1990
c 33 § 172; 1985 c 341 § 13; 1984 c 160 § 3; 1979 ex.s. c
217 § 2. Formerly RCW 28A.58.772.]
Effective date—1985 c 341 §§ 4 and 13: See note following RCW
28A.155.020.
Severability—1984 c 160: See note following RCW 28A.155.020.
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.190.040 Educational programs for residential
school residents—Duties and authority of DSHS and
residential school superintendent. The duties and authority
of the department of social and health services and of each
superintendent or chief administrator of a residential school
to support each program of education conducted by a school
district pursuant to RCW 28A.190.030, shall include the
following:
(1) The provision of transportation for residential school
students to and from the sites of the program of education
through the purchase, lease or rental of school buses and
other vehicles as necessary;
(2002 Ed.)
Residential Education Programs
28A.190.040
(2) The provision of safe and healthy building and
playground space for the conduct of the program of education through the construction, purchase, lease or rental of
such space as necessary;
(3) The provision of furniture, vocational instruction machines and tools, building and playground fixtures, and other
equipment and fixtures for the conduct of the program of
education through construction, purchase, lease or rental as
necessary;
(4) The provision of heat, lights, telephones, janitorial
services, repair services, and other support services for the
vehicles, building and playground spaces, equipment and
fixtures provided for in this section;
(5) The employment, supervision and control of persons
to transport students and to maintain the vehicles, building
and playground spaces, equipment and fixtures, provided for
in this section;
(6) Clinical and medical evaluation services necessary
to a determination by the school district of the educational
needs of residential school students; and
(7) Such other support services and facilities as are
reasonably necessary for the conduct of the program of
education. [1990 c 33 § 173; 1979 ex.s. c 217 § 3. Formerly RCW 28A.58.774.]
the school district’s staff for the next school year. In the
event the department of social and health services fails to
provide notice as prescribed by this section, the department
shall be liable and responsible for the payment of the salary
and employment related costs for the next school year of
each school district employee whose contract the school
district would have nonrenewed but for the failure of the
department to provide notice. [1990 c 33 § 175; 1979 ex.s.
c 217 § 5. Formerly RCW 28A.58.778.]
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.193.040
28A.190.050 Educational programs for residential
school residents—Contracts between school district and
DSHS—Scope. Each school district required to conduct a
program of education pursuant to RCW 28A.190.030, and
the department of social and health services shall hereafter
negotiate and execute a written contract for each school year
or such longer period as may be agreed to which delineates
the manner in which their respective duties and authority
will be cooperatively performed and exercised, and any
disputes and grievances resolved. Any such contract may
provide for the performance of duties by a school district in
addition to those set forth in RCW 28A.190.030 (1) through
(5), including duties imposed upon the department of social
and health services and its agents pursuant to RCW
28A.190.040: PROVIDED, That funds identified in RCW
28A.190.030(6) and/or funds provided by the department of
social and health services are available to fully pay the direct
and indirect costs of such additional duties and the district is
otherwise authorized by law to perform such duties in
connection with the maintenance and operation of a school
district. [1990 c 33 § 174; 1979 ex.s. c 217 § 4. Formerly
RCW 28A.58.776.]
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
28A.190.060 Educational programs for residential
school residents—DSHS to give notice when need for
reduction of staff—Liability upon failure. The department
of social and health services shall provide written notice on
or before April 15th of each school year to the superintendent of each school district conducting a program of education pursuant to RCW 28A.190.030 through 28A.190.050 of
any foreseeable residential school closure, reduction in the
number of residents, or any other cause for a reduction in
(2002 Ed.)
Effective date—Severability—1979 ex.s. c 217: See notes following
RCW 28A.190.020.
Chapter 28A.193
EDUCATION PROGRAMS FOR
JUVENILE INMATES
Sections
28A.193.005
28A.193.010
28A.193.020
28A.193.030
28A.193.050
28A.193.060
28A.193.070
28A.193.080
28A.193.900
28A.193.901
Intent—Findings.
Operation of program by school district or educational
service district.
Solicitation for education provider—Selection of provider—Operation of program by educational service district.
Duties and authority of education provider—
Continuation in program by students age eighteen.
Education providers—Additional authority and limitations.
Required support of education programs.
Contract between education providers and department
of corrections.
Education site closures or reduction in services—
Notice to the superintendent of public instruction
and education providers—Liability for failure to
provide notice—Alternative dispute resolution.
Allocation of money—Accountability requirements—
Rules.
Effective date—1998 c 244 §§ 1-9 and 11-15.
Severability—1998 c 244.
28A.193.005 Intent—Findings. The legislature
intends to provide for the operation of education programs
for the department of corrections’ juvenile inmates. School
districts, educational service districts, or any combination
thereof should be the primary providers of the education
programs. However, the legislature does not intend to
preclude community and technical colleges, four-year institutions of higher education, or other qualified entities from
contracting to provide all or part of these education programs
if no school district or educational service district is willing
to operate all or part of the education programs.
The legislature finds that this chapter fully satisfies any
constitutional duty to provide education programs for
juvenile inmates in adult correctional facilities. The legislature further finds that biennial appropriations for education
programs under this chapter amply provide for any constitutional duty to educate juvenile inmates in adult correctional facilities. [1998 c 244 § 1.]
28A.193.010 Operation of program by school
district or educational service district. Any school district
or educational service district may operate all or any portion
of an education program for juveniles in accordance with
this chapter, notwithstanding the fact the services or benefits
provided extend beyond the geographic boundaries of the
[Title 28A RCW—page 31]
28A.193.010
Title 28A RCW: Common School Provisions
school district or educational service district providing the
service. [1998 c 244 § 2.]
28A.193.020 Solicitation for education provider—
Selection of provider—Operation of program by educational service district. The superintendent of public instruction shall solicit an education provider for the department of
corrections’ juvenile inmates within sixty days as follows:
(1) The superintendent of public instruction shall notify
and solicit proposals from all interested and capable school
districts, educational service districts, institutions of higher
education, private contractors, or any combination thereof.
The notice shall describe the proposed education program’s
requirements and the appropriated amount. The selection of
an education provider shall be in the following order:
(a) The school district where there is an educational site
for juveniles in an adult correctional facility maintained by
the state department of corrections has first priority to
operate an education program for inmates at that site. The
district may elect to operate an education program by itself
or with another school district, educational service district,
institution of higher education, private contractor, or any
combination thereof. If the school district elects not to
exercise its priority, it shall notify the superintendent of
public instruction within thirty calendar days of the day of
solicitation.
(b) The educational service district where there is an
educational site for juveniles in an adult correctional facility
maintained by the state department of corrections has second
priority to operate an education program for inmates at that
site. The educational service district may elect to do so by
itself or with a school district, another educational service
district, institution of higher education, private contractor, or
any combination thereof. If the educational service district
elects not to exercise its priority, it shall notify the superintendent of public instruction within forty-five calendar days
of the day of solicitation.
(c) If neither the school district nor the educational service district chooses to operate an education program for
inmates as provided for in (a) and (b) of this subsection, the
superintendent of public instruction may contract with an
entity, including, but not limited to, school districts, educational service districts, institutions of higher education, private contractors, or any combination thereof, within sixty
calendar days of the day of solicitation. The selected entity
may operate an education program by itself or with another
school district, educational service district, institution of
higher education, or private contractor, or any combination
thereof.
(2) If the superintendent of public instruction does not
contract with an interested entity within sixty days of the day
of solicitation, the educational service district where there is
an educational site for juveniles in an adult correctional
facility maintained by the state department of corrections
shall begin operating the education program for inmates at
the site within ninety days from the day of solicitation in
subsection (1) of this section. [1998 c 244 § 3.]
28A.193.030 Duties and authority of education
provider—Continuation in program by students age
eighteen. Except as otherwise provided for by contract
[Title 28A RCW—page 32]
under RCW 28A.193.060, the duties and authority of a
school district, educational service district, institution of
higher education, or private contractor to provide for
education programs under this chapter are limited to the
following:
(1) Employing, supervising, and controlling administrators, teachers, specialized personnel, and other persons
necessary to conduct education programs, subject to security
clearance by the department of corrections;
(2) Purchasing, leasing, or renting and providing
textbooks, maps, audiovisual equipment, paper, writing
instruments, physical education equipment, and other instructional equipment, materials, and supplies deemed
necessary by the provider of the education programs;
(3) Conducting education programs for inmates under
the age of eighteen in accordance with program standards
established by the superintendent of public instruction. The
education provider shall develop the curricula, instructional
methods, and educational objectives of the education
programs, subject to applicable requirements of state and
federal law. The department of corrections shall establish
behavior standards that govern inmate participation in
education programs, subject to applicable requirements of
state and federal law;
(4) Students age eighteen who have participated in an
education program governed by this chapter may continue in
the program with the permission of the department of
corrections and the education provider, under the rules
adopted by the superintendent of public instruction. [1998
c 244 § 4.]
28A.193.040 Education providers—Additional
authority and limitations. School districts and educational
service districts providing an education program to juvenile
inmates in an adult corrections [correctional] facility,
notwithstanding that their geographical boundaries do not
include the facility, may:
(1) Award appropriate diplomas or certificates to
inmates who successfully complete graduation requirements;
(2) Spend only funds appropriated by the legislature and
allocated by the superintendent of public instruction for the
exclusive purpose of maintaining and operating education
programs under this chapter, including direct and indirect
costs of maintaining and operating the education programs,
and funds from federal and private grants, bequests, and gifts
made for that purpose. School districts may not expend
excess tax levy proceeds authorized for school district
purposes to pay costs incurred under this chapter. [1998 c
244 § 5.]
28A.193.050 Required support of education programs. To support each education program under this
chapter, the department of corrections and each superintendent or chief administrator of a correction facility shall:
(1) Through construction, lease, or rental of space,
provide necessary building and exercise spaces for the
education program that is secure, separate, and apart from
space occupied by nonstudent inmates;
(2) Through construction, lease, or rental, provide
vocational instruction machines; technology and supporting
equipment; tools, building, and exercise facilities; and other
(2002 Ed.)
Education Programs for Juvenile Inmates
equipment and fixtures deemed necessary by the department
of corrections to conduct the education program;
(3) Provide heat, lights, telephone, janitorial services,
repair services, and other support services for the building
and exercise spaces, equipment, and fixtures provided under
this section;
(4) Employ, supervise, and control security staff to
safeguard agents of the education providers and inmates
while engaged in educational and related activities conducted
under this chapter;
(5) Provide clinical and medical evaluation services
necessary for a determination by the education provider of
the educational needs of inmates; and
(6) Provide such other support services and facilities as
are reasonably necessary to conduct the education program.
[1998 c 244 § 6.]
28A.193.060 Contract between education providers
and department of corrections. Each education provider
under this chapter and the department of corrections shall
negotiate and execute a written contract for each school year
or such longer period as may be agreed to that delineates the
manner in which their respective duties and authority will be
cooperatively performed and exercised, and any disputes and
grievances resolved through mediation, and if necessary,
arbitration. Any such contract may provide for the performance of duties by an education provider in addition to
those set forth in this chapter, including duties imposed upon
the department of corrections and its agents under RCW
28A.193.050 if supplemental funding provided by the
department of corrections is available to fully pay the direct
and indirect costs of these additional duties. [1998 c 244 §
7.]
28A.193.070 Education site closures or reduction in
services—Notice to the superintendent of public instruction and education providers—Liability for failure to
provide notice—Alternative dispute resolution. By April
15th of each school year, the department of corrections shall
provide written notice to the superintendent of public
instruction and education providers operating programs under
this chapter of any reasonably foreseeable education site closures, reductions in the number of inmates or education
services, or any other cause for a reduction in certificated or
classified staff the next school year. In the event the
department of corrections fails to provide notice as required
by this section, the department is liable and responsible for
the payment of the salary and employment-related costs for
the next school year of each employee whose contract would
or could have been nonrenewed but for the failure of the
department to provide notice. Disputes arising under this
section shall be resolved in accordance with the alternative
dispute resolution method or methods specified in the
contract required by RCW 28A.193.060. [1998 c 244 § 8.]
28A.193.080 Allocation of money—Accountability
requirements—Rules. The superintendent of public
instruction shall:
(1) Allocate money appropriated by the legislature to
administer and provide education programs under this
chapter to school districts, educational service districts, and
(2002 Ed.)
28A.193.050
other education providers selected under RCW 28A.193.020
that have assumed the primary responsibility to administer
and provide education programs under this chapter. The
allocation of moneys to any private contractor is contingent
upon and must be in accordance with a contract between the
private contractor and the department of corrections; and
(2) Adopt rules in accordance with chapter 34.05 RCW
that establish reporting, program compliance, audit, and such
other accountability requirements as are reasonably necessary
to implement this chapter and related provisions of the biennial operating act effectively. [1998 c 244 § 9.]
28A.193.900 Effective date—1998 c 244 §§ 1-9 and
11-15. Sections 1 through 9 and 11 through 15 of this act
are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government
and its existing public institutions, and take effect immediately [March 30, 1998]. [1998 c 244 § 17.]
28A.193.901 Severability—1998 c 244. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1998 c 244 § 19.]
Chapter 28A.195
PRIVATE SCHOOLS
Sections
28A.195.010
28A.195.020
28A.195.030
28A.195.040
28A.195.050
28A.195.060
28A.195.070
28A.195.080
Private schools—Extension programs for parents to
teach children in their custody—Scope of state
control.
Private schools—Rights recognized.
Private schools—Actions appealable under Administrative Procedure Act.
Private schools—Board rules for enforcement—Racial
segregation or discrimination prohibited.
Private school advisory committee.
Private schools must report attendance.
Official transcript withholding—Transmittal of information.
Record checks—Findings—Authority to require.
28A.195.010 Private schools—Extension programs
for parents to teach children in their custody—Scope of
state control. The legislature hereby recognizes that private
schools should be subject only to those minimum state
controls necessary to insure the health and safety of all the
students in the state and to insure a sufficient basic education
to meet usual graduation requirements. The state, any
agency or official thereof, shall not restrict or dictate any
specific educational or other programs for private schools
except as hereinafter in this section provided.
Principals of private schools or superintendents of
private school districts shall file each year with the state
superintendent of public instruction a statement certifying
that the minimum requirements hereinafter set forth are
being met, noting any deviations. After review of the statement, the state superintendent will notify schools or school
districts of those deviations which must be corrected. In
case of major deviations, the school or school district may
request and the state board of education may grant provisional status for one year in order that the school or school
[Title 28A RCW—page 33]
28A.195.010
Title 28A RCW: Common School Provisions
district may take action to meet the requirements. Minimum
requirements shall be as follows:
(1) The minimum school year for instructional purposes
shall consist of no less than one hundred eighty school days
or the equivalent in annual minimum program hour offerings
as prescribed in RCW 28A.150.220.
(2) The school day shall be the same as that required in
RCW 28A.150.030 and 28A.150.220, except that the
percentages of total program hour offerings as prescribed in
RCW 28A.150.220 for basic skills, work skills, and optional
subjects and activities shall not apply to private schools or
private sectarian schools.
(3) All classroom teachers shall hold appropriate
Washington state certification except as follows:
(a) Teachers for religious courses or courses for which
no counterpart exists in public schools shall not be required
to obtain a state certificate to teach those courses.
(b) In exceptional cases, people of unusual competence
but without certification may teach students so long as a
certified person exercises general supervision. Annual
written statements shall be submitted to the office of the
superintendent of public instruction reporting and explaining
such circumstances.
(4) An approved private school may operate an extension program for parents, guardians, or persons having legal
custody of a child to teach children in their custody. The
extension program shall require at a minimum that:
(a) The parent, guardian, or custodian be under the
supervision of an employee of the approved private school
who is certified under chapter 28A.410 RCW;
(b) The planning by the certified person and the parent,
guardian, or person having legal custody include objectives
consistent with this subsection and subsections (1), (2), (5),
(6), and (7) of this section;
(c) The certified person spend a minimum average each
month of one contact hour per week with each student under
his or her supervision who is enrolled in the approved
private school extension program;
(d) Each student’s progress be evaluated by the certified
person; and
(e) The certified employee shall not supervise more than
thirty students enrolled in the approved private school’s
extension program.
(5) Appropriate measures shall be taken to safeguard all
permanent records against loss or damage.
(6) The physical facilities of the school or district shall
be adequate to meet the program offered by the school or
district: PROVIDED, That each school building shall meet
reasonable health and fire safety requirements. However, the
state board shall not require private school students to meet
the student learning goals, obtain a certificate of mastery to
graduate from high school, to master the essential academic
learning requirements, or to be assessed pursuant to *RCW
28A.630.885. However, private schools may choose, on a
voluntary basis, to have their students master these essential
academic learning requirements, take these assessments, and
obtain certificates of mastery. A residential dwelling of the
parent, guardian, or custodian shall be deemed to be an
adequate physical facility when a parent, guardian, or person
having legal custody is instructing his or her child under
subsection (4) of this section.
[Title 28A RCW—page 34]
(7) Private school curriculum shall include instruction of
the basic skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing,
spelling, and the development of appreciation of art and
music, all in sufficient units for meeting state board of
education graduation requirements.
(8) Each school or school district shall be required to
maintain up-to-date policy statements related to the administration and operation of the school or school district.
All decisions of policy, philosophy, selection of books,
teaching material, curriculum, except as in subsection (7)
above provided, school rules and administration, or other
matters not specifically referred to in this section, shall be
the responsibility of the administration and administrators of
the particular private school involved. [1993 c 336 § 1101;
(1992 c 141 § 505 repealed by 1993 c 336 § 1102); 1990 c
33 § 176. Prior: 1985 c 441 § 4; 1985 c 16 § 1; 1983 c 56
§ 1; 1977 ex.s. c 359 § 9; 1975 1st ex.s. c 275 § 71; 1974
ex.s. c 92 § 2. Formerly RCW 28A.02.201.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Severability—1985 c 441: See note following RCW 28A.225.010.
Severability—1983 c 56: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 56 § 18.]
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Authorization for private school students to ride buses—Conditions: RCW
28A.160.020.
Basic Education Act, RCW 28A.195.010 as part of: RCW 28A.150.200.
Commencement exercises—Lip reading instruction—Joint purchasing,
including issuing interest bearing warrants—Budgets: RCW
28A.320.080.
Home-based instruction: RCW 28A.200.010.
Immunization program, private schools as affecting: RCW 28A.210.060
through 28A.210.170.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Real property—Sale—Notice of and hearing on—Appraisal required—
Broker or real estate appraiser services—Real estate sales contracts,
limitation: RCW 28A.335.120.
Surplus school property, rental, lease or use of—Authorized—Limitations:
RCW 28A.335.040.
Surplus texts and other educational aids, notice of availability—Student
priority as to texts: RCW 28A.335.180.
28A.195.020 Private schools—Rights recognized.
The state recognizes the following rights of every private
school:
(1) To teach their religious beliefs and doctrines, if any;
to pray in class and in assemblies; to teach patriotism
including requiring students to salute the flag of the United
States if that be the custom of the particular private school.
(2) To require that there shall be on file the written consent of parents or guardians of students prior to the administration of any psychological test or the conduct of any type
of group therapy. [1974 ex.s. c 92 § 3; 1971 ex.s. c 215 §
5. Formerly RCW 28A.02.220.]
(2002 Ed.)
Private Schools
Severability—1971 ex.s. c 215: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 215 § 8.]
28A.195.030 Private schools—Actions appealable
under Administrative Procedure Act. Any private school
may appeal the actions of the state superintendent of public
instruction or state board of education as provided in chapter
34.05 RCW. [1974 ex.s. c 92 § 4; 1971 ex.s. c 215 § 6.
Formerly RCW 28A.02.230.]
28A.195.040 Private schools—Board rules for
enforcement—Racial segregation or discrimination prohibited. The state board of education shall promulgate rules
and regulations for the enforcement of RCW 28A.195.010
through 28A.195.040, 28A.225.010, and 28A.305.130,
including a provision which denies approval to any school
engaging in a policy of racial segregation or discrimination.
[1990 c 33 § 177; 1983 c 3 § 29; 1974 ex.s. c 92 § 5; 1971
ex.s. c 215 § 7. Formerly RCW 28A.02.240.]
28A.195.050 Private school advisory committee.
The superintendent of public instruction is hereby directed to
appoint a private school advisory committee that is broadly
representative of educators, legislators, and various private
school groups in the state of Washington. [1984 c 40 § 1;
1974 ex.s. c 92 § 6. Formerly RCW 28A.02.250.]
Severability—1984 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 40 § 17.]
28A.195.060 Private schools must report attendance. It shall be the duty of the administrative or executive authority of every private school in this state to report
to the educational service district superintendent on or before
the thirtieth day of June in each year, on a form to be furnished, such information as may be required by the superintendent of public instruction, to make complete the records
of education work pertaining to all children residing within
the state. [1975 1st ex.s. c 275 § 70; 1969 ex.s. c 176 §
111; 1969 ex.s. c 223 § 28A.48.055. Prior: 1933 c 28 § 14;
1913 c 158 § 1; 1909 c 97 p 313 § 6; RRS § 4876. Formerly RCW 28A.48.055, 28.48.055, 28.27.020.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.195.070 Official transcript withholding—
Transmittal of information. If a student who previously
attended an approved private school enrolls in a public
school but has not paid tuition, fees, or fines at the approved
private school, the approved private school may withhold the
student’s official transcript, but shall transmit information to
the public school about the student’s academic performance,
special placement, immunization records, and records of
disciplinary action. [1997 c 266 § 5.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.195.080 Record checks—Findings—Authority
to require. (1) The legislature finds additional safeguards
(2002 Ed.)
28A.195.020
are necessary to ensure safety of school children attending
private schools in the state of Washington. Private schools
approved under this chapter are authorized to require that
employees who have regularly scheduled unsupervised
access to children, whether current employees on May 5,
1999, or applicants for employment on or after May 5, 1999,
undergo a record check through the Washington state patrol
criminal identification system under RCW 43.43.830 through
43.43.838, 10.97.030, and 10.97.050 and through the federal
bureau of investigation. The record check shall include a
fingerprint check using a complete Washington state criminal
identification fingerprint card. Employees or applicants for
employment who have completed a record check in accordance with RCW 28A.410.010 shall not be required to
undergo a record check under this section. The superintendent of public instruction shall provide a copy of the record
report to the employee or applicant. If an employee or
applicant has undergone a record check as authorized under
this section, additional record checks shall not be required
unless required by other provisions of law.
(2) The approved private school, the employee, or the
applicant shall pay the costs associated with the record check
authorized in this section.
(3) Applicants may be employed on a conditional basis
pending completion of the investigation. If the employee or
applicant has had a record check within the previous two
years, the approved private school or contractor may waive
any record check required by the approved private school
under subsection (1) of this section. [1999 c 187 § 1.]
Effective date—1999 c 187: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 5, 1999]." [1999 c 187 § 2.]
Chapter 28A.200
HOME-BASED INSTRUCTION
Sections
28A.200.010
28A.200.020
Home-based instruction—Duties of parents.
Home-based instruction—Certain decisions responsibility of parent unless otherwise specified.
28A.200.010 Home-based instruction—Duties of
parents. Each parent whose child is receiving home-based
instruction under RCW 28A.225.010(4) shall have the duty
to:
(1) File annually a signed declaration of intent that he
or she is planning to cause his or her child to receive homebased instruction. The statement shall include the name and
age of the child, shall specify whether a certificated person
will be supervising the instruction, and shall be written in a
format prescribed by the superintendent of public instruction.
Each parent shall file the statement by September 15 of the
school year or within two weeks of the beginning of any
public school quarter, trimester, or semester with the
superintendent of the public school district within which the
parent resides or the district that accepts the transfer, and the
student shall be deemed a transfer student of the nonresident
district. Parents may apply for transfer under RCW
28A.225.220;
(2) Ensure that test scores or annual academic progress
assessments and immunization records, together with any
[Title 28A RCW—page 35]
28A.200.010
Title 28A RCW: Common School Provisions
other records that are kept relating to the instructional and
educational activities provided, are forwarded to any other
public or private school to which the child transfers. At the
time of a transfer to a public school, the superintendent of
the local school district in which the child enrolls may
require a standardized achievement test to be administered
and shall have the authority to determine the appropriate
grade and course level placement of the child after consultation with parents and review of the child’s records; and
(3) Ensure that a standardized achievement test approved by the state board of education is administered
annually to the child by a qualified individual or that an
annual assessment of the student’s academic progress is
written by a certificated person who is currently working in
the field of education. The state board of education shall not
require these children to meet the student learning goals,
master the essential academic learning requirements, to take
the assessments, or to obtain a certificate of mastery pursuant to *RCW 28A.630.885. The standardized test administered or the annual academic progress assessment written
shall be made a part of the child’s permanent records. If, as
a result of the annual test or assessment, it is determined that
the child is not making reasonable progress consistent with
his or her age or stage of development, the parent shall make
a good faith effort to remedy any deficiency.
Failure of a parent to comply with the duties in this
section shall be deemed a failure of such parent’s child to
attend school without valid justification under RCW
28A.225.020. Parents who do comply with the duties set
forth in this section shall be presumed to be providing homebased instruction as set forth in RCW 28A.225.010(4).
[1995 c 52 § 1; 1993 c 336 § 1103; 1990 c 33 § 178; 1985
c 441 § 2. Formerly RCW 28A.27.310.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Severability—1985 c 441: See note following RCW 28A.225.010.
Part-time students—Defined—Enrollment in public schools authorized:
RCW 28A.150.350.
Private schools—Extension programs for parents to teach children in their
custody: RCW 28A.195.010.
28A.200.020 Home-based instruction—Certain
decisions responsibility of parent unless otherwise
specified. The state hereby recognizes that parents who are
causing their children to receive home-based instruction
under RCW 28A.225.010(4) shall be subject only to those
minimum state laws and regulations which are necessary to
insure that a sufficient basic educational opportunity is
provided to the children receiving such instruction. Therefore, all decisions relating to philosophy or doctrine, selection of books, teaching materials and curriculum, and
methods, timing, and place in the provision or evaluation of
home-based instruction shall be the responsibility of the
parent except for matters specifically referred to in this
chapter. [1990 c 33 § 179; 1985 c 441 § 3. Formerly RCW
28A.27.320.]
Severability—1985 c 441: See note following RCW 28A.225.010.
[Title 28A RCW—page 36]
Chapter 28A.205
EDUCATION CENTERS
(Formerly: Educational clinics)
Sections
28A.205.010
28A.205.020
28A.205.030
28A.205.040
28A.205.050
28A.205.070
28A.205.080
28A.205.090
"Education center," "basic academic skills," defined—
Certification as education center and withdrawal
thereof.
Common school dropouts—Reimbursement.
Reentry of prior dropouts into common schools,
rules—Eligibility for GED test.
Fees—Rules—Priority for payment—Review of records.
Rules.
Allocation of funds—Criteria—Duties of superintendent.
Legislative findings—Distribution of funds—
Cooperation with school districts.
Inclusion of education centers program in biennial
budget request—Quarterly plans—Funds—
Payment.
28A.205.010 "Education center," "basic academic
skills," defined—Certification as education center and
withdrawal thereof. (1) As used in this chapter, unless the
context thereof shall clearly indicate to the contrary:
"Education center" means any private school operated
on a profit or nonprofit basis which does the following:
(a) Is devoted to the teaching of basic academic skills,
including specific attention to improvement of student
motivation for achieving, and employment orientation.
(b) Operates on a clinical, client centered basis. This
shall include, but not be limited to, performing diagnosis of
individual educational abilities, determination and setting of
individual goals, prescribing and providing individual courses
of instruction therefor, and evaluation of each individual
client’s progress in his or her educational program.
(c) Conducts courses of instruction by professionally
trained personnel certificated by the state board of education
according to rules adopted for the purposes of this chapter
and providing, for certification purposes, that a year’s
teaching experience in an education center shall be deemed
equal to a year’s teaching experience in a common or private
school.
(2) For purposes of this chapter, basic academic skills
shall include the study of mathematics, speech, language,
reading and composition, science, history, literature and
political science or civics; it shall not include courses of a
vocational training nature and shall not include courses
deemed nonessential to the accrediting of the common
schools or the approval of private schools under RCW
28A.305.130.
(3) The state board of education shall certify an education center only upon application and (a) determination that
such school comes within the definition thereof as set forth
in subsection (1) of this section and (b) demonstration on the
basis of actual educational performance of such applicants’
students which shows after consideration of their students’
backgrounds, educational gains that are a direct result of the
applicants’ educational program. Such certification may be
withdrawn if the board finds that a center fails to provide
adequate instruction in basic academic skills. No education
center certified by the state board of education pursuant to
this section shall be deemed a common school under RCW
(2002 Ed.)
Education Centers
28A.150.020 or a private school for the purposes of RCW
28A.195.010 through 28A.195.050. [1999 c 348 § 2; 1993
c 211 § 1; 1990 c 33 § 180; 1983 c 3 § 38; 1977 ex.s. c 341
§ 1. Formerly RCW 28A.97.010.]
Intent—1999 c 348: "During 1997 and 1998, a committee of the
state board of education reviewed all board rules and related authorizing
statutes. Based on the findings and recommendations resulting from the
review, the state board prepared a report to the legislature requesting action
be taken. It is the intent of this act to implement recommendations of the
state board of education." [1999 c 348 § 1.]
Severability—1977 ex.s. c 341: "If any provision of this 1977 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 341 § 7.]
28A.205.020 Common school dropouts—
Reimbursement. Only eligible common school dropouts
shall be enrolled in a certified education center for reimbursement by the superintendent of public instruction as
provided in RCW 28A.205.040. A person is not an eligible
common school dropout if: (1) The person has completed
high school, (2) the person has not reached his or her twelfth
birthday or has passed his or her twentieth birthday, (3) the
person shows proficiency beyond the high school level in a
test approved by the state board of education to be given as
part of the initial diagnostic procedure, or (4) less than one
month has passed after the person has dropped out of any
common school and the education center has not received
written verification from a school official of the common
school last attended in this state that the person is no longer
in attendance at the school. A person is an eligible common
school dropout even if one month has not passed since the
person dropped out if the board of directors or its designee,
of that common school, requests the center to admit the
person because the person has dropped out or because the
person is unable to attend a particular common school
because of disciplinary reasons, including suspension and/or
expulsion. The fact that any person may be subject to RCW
28A.225.010 through 28A.225.140, 28A.200.010, and
28A.200.020 shall not affect his or her qualifications as an
eligible common school dropout under this chapter. [1999
c 348 § 3; 1997 c 265 § 7; 1993 c 211 § 2; 1990 c 33 §
181; 1979 ex.s. c 174 § 1; 1977 ex.s. c 341 § 2. Formerly
RCW 28A.97.020.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1979 ex.s. c 174: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 174 § 4.]
Severability—1977 ex.s. c 341: See note following RCW
28A.205.010.
28A.205.030 Reentry of prior dropouts into common schools, rules—Eligibility for GED test. The
superintendent of public instruction shall adopt, by rules,
policies and procedures to permit a prior common school
dropout to reenter at the grade level appropriate to such
individual’s ability: PROVIDED, That such individual shall
be placed with the class he or she would be in had he or she
not dropped out and graduate with that class, if the student’s
ability so permits notwithstanding any loss of credits prior to
(2002 Ed.)
28A.205.010
reentry and if such student earns credits at the normal rate
subsequent to reentry.
Notwithstanding any other provision of law, any
certified education center student sixteen years of age or
older, upon completion of an individual student program,
shall be eligible to take the general educational development
test as given throughout the state. [1993 c 218 § 2; 1993 c
211 § 3; 1990 c 33 § 182; 1977 ex.s. c 341 § 3. Formerly
RCW 28A.97.030.]
Reviser’s note: This section was amended by 1993 c 211 § 3 and by
1993 c 218 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1977 ex.s. c 341: See note following RCW
28A.205.010.
28A.205.040 Fees—Rules—Priority for payment—
Review of records. (1)(a) From funds appropriated for that
purpose, the superintendent of public instruction shall pay
fees to a certified center on a monthly basis for each student
enrolled in compliance with RCW 28A.205.020. The
superintendent shall set fees by rule.
(b) Revisions in such fees proposed by an education
center shall become effective after thirty days notice unless
the superintendent finds such a revision is unreasonable in
which case the revision shall not take effect. An education
center may, within fifteen days after such a finding by the
superintendent, file notification of appeal with the state board
of education which shall, no later than its second regularly
scheduled meeting following notification of such appeal,
either grant or deny the proposed revision. The administration of any general education development test shall not
be a part of such initial diagnostic procedure.
(c) Reimbursements shall not be made for students who
are absent.
(d) No center shall make any charge to any student, or
the student’s parent, guardian or custodian, for whom a fee
is being received under the provisions of this section.
(2) Payments shall be made from available funds first to
those centers that have in the judgment of the superintendent
demonstrated superior performance based upon consideration
of students’ educational gains taking into account such
students’ backgrounds, and upon consideration of cost effectiveness. In considering the cost effectiveness of nonprofit
centers the superintendent shall take into account not only
payments made under this section but also factors such as
tax exemptions, direct and indirect subsidies or any other
cost to taxpayers at any level of government which result
from such nonprofit status.
(3) To be eligible for such payment, every such center,
without prior notice, shall permit a review of its accounting
records by personnel of the state auditor during normal
business hours.
(4) If total funds for this purpose approach depletion,
the superintendent shall notify the centers of the date after
which further funds for reimbursement of the centers’
services will be exhausted. [1999 c 348 § 4; 1990 c 33 §
183; 1979 ex.s. c 174 § 2; 1977 ex.s. c 341 § 4. Formerly
RCW 28A.97.040.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—1979 ex.s. c 174: See note following RCW
28A.205.020.
[Title 28A RCW—page 37]
28A.205.040
Title 28A RCW: Common School Provisions
Severability—1977 ex.s. c 341: See note following RCW
28A.205.010.
for such additional center or centers from such appropriation.
[1993 c 211 § 6; 1990 c 33 § 185; 1985 c 434 § 3. Formerly RCW 28A.97.120.]
28A.205.050 Rules. In accordance with chapter 34.05
RCW, the administrative procedure act, the state board of
education with respect to the matter of certification, and the
superintendent of public instruction with respect to all other
matters, shall have the power and duty to make the necessary rules to carry out the purpose and intent of this chapter.
[1995 c 335 § 201; 1993 c 211 § 4; 1990 c 33 § 184; 1977
ex.s. c 341 § 5. Formerly RCW 28A.97.050.]
Intent—1985 c 434: "It is the intent of this act to provide for an
equitable distribution of funds appropriated for educational clinics, to
stabilize existing programs, and to provide a system for orderly expansion
or retrenchment in the event of future increases or reductions in program
appropriations." [1985 c 434 § 1.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1977 ex.s. c 341: See note following RCW
28A.205.010.
28A.205.070 Allocation of funds—Criteria—Duties
of superintendent. In allocating funds appropriated for
education centers, the superintendent of public instruction
shall:
(1) Place priority upon stability and adequacy of funding
for education centers that have demonstrated superior
performance as defined in RCW 28A.205.040(2).
(2) Initiate and maintain a competitive review process
to select new or expanded center programs in unserved or
underserved areas. The criteria for review of competitive
proposals for new or expanded education center services
shall include but not be limited to:
(a) The proposing organization shall have obtained
certification from the state board of education as provided in
RCW 28A.205.010;
(b) The cost-effectiveness of the proposal; and
(c) The availability of committed nonstate funds to
support, enrich, or otherwise enhance the basic program.
(3) In selecting areas for new or expanded education
center programs, the superintendent of public instruction
shall consider factors including but not limited to:
(a) The proportion and total number of dropouts
unserved by existing center programs, if any;
(b) The availability within the geographic area of
programs other than education centers which address the
basic educational needs of dropouts; and
(c) Waiting lists or other evidence of demand for
expanded education center programs.
(4) In the event of any curtailment of services resulting
from lowered legislative appropriations, the superintendent
of public instruction shall issue pro rata reductions to all
centers funded at the time of the lowered appropriation.
Individual centers may be exempted from such pro rata
reductions if the superintendent finds that such reductions
would impair the center’s ability to operate at minimally
acceptable levels of service. In the event of such exceptions,
the superintendent shall determine an appropriate rate for
reduction to permit the center to continue operation.
(5) In the event that an additional center or centers
become certified and apply to the superintendent for funds
to be allocated from a legislative appropriation which does
not increase from the immediately preceding biennium, or
does not increase sufficiently to allow such additional center
or centers to operate at minimally acceptable levels of
service without reducing the funds available to previously
funded centers, the superintendent shall not provide funding
[Title 28A RCW—page 38]
28A.205.080 Legislative findings—Distribution of
funds—Cooperation with school districts. The legislature
recognizes that education centers provide a necessary and
effective service for students who have dropped out of
common school programs. Education centers have demonstrated success in preparing such youth for productive roles
in society and are an integral part of the state’s program to
address the needs of students who have dropped out of
school. The superintendent of public instruction shall
distribute funds, consistent with legislative appropriations,
allocated specifically for education centers in accord with
chapter 28A.205 RCW. The legislature encourages school
districts to explore cooperation with education centers
pursuant to RCW 28A.150.305. [1997 c 265 § 8; 1993 c
211 § 7; 1990 c 33 § 186; 1987 c 518 § 220. Formerly
RCW 28A.97.125.]
Severability—1997 c 265: See note following RCW 13.40.160.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
28A.205.090 Inclusion of education centers program
in biennial budget request—Quarterly plans—Funds—
Payment. The superintendent shall include the education
centers program in the biennial budget request. Contracts
between the superintendent of public instruction and the
education centers shall include quarterly plans which provide
for relatively stable student enrollment but take into consideration anticipated seasonal variations in enrollment in the
individual centers. Funds which are not expended by a
center during the quarter for which they were planned may
be carried forward to subsequent quarters of the fiscal year.
The superintendent shall make payments to the centers on a
monthly basis pursuant to RCW 28A.205.040. [1993 c 211
§ 8; 1990 c 33 § 187; 1985 c 434 § 4. Formerly RCW
28A.97.130.]
Intent—1985 c 434: See note following RCW 28A.205.070.
Chapter 28A.210
HEALTH—SCREENING AND REQUIREMENTS
Sections
28A.210.010
28A.210.020
28A.210.030
28A.210.040
28A.210.060
28A.210.070
Contagious diseases, limiting contact—Rules and
regulations.
Visual and auditory screening of pupils—Rules and
regulations.
Visual and auditory screening of pupils—Record of
screening—Forwarding of records, recommendations and data.
Visual and auditory screening of pupils—Rules and
regulations, forms used in screenings, distribution.
Immunization program—Purpose.
Immunization program—Definitions.
(2002 Ed.)
Health—Screening and Requirements
28A.210.080
28A.210.090
28A.210.100
28A.210.110
28A.210.120
28A.210.130
28A.210.140
28A.210.150
28A.210.160
28A.210.170
28A.210.180
28A.210.190
28A.210.200
28A.210.210
28A.210.220
28A.210.240
28A.210.250
28A.210.260
28A.210.270
28A.210.280
28A.210.290
28A.210.300
28A.210.310
28A.210.320
28A.210.330
28A.210.340
28A.210.350
State board of
Immunization program—Attendance of child conditioned upon presentation of alternative proofs.
Immunization program—Exemptions from on presentation of alternative certifications.
Immunization program—Source of immunizations—
Written records.
Immunization program—Administrator’s duties upon
receipt of proof of immunization or certification of
exemption.
Immunization program—Prohibiting child’s presence,
when—Notice to parent, guardian or adult in loco
parentis, contents.
Immunization program—Superintendent of public
instruction to provide information.
Immunization program—State board of health rules,
contents.
Immunization program—Superintendent of public
instruction by rule to adopt procedures for verifying records.
Immunization program—State board of education
rules, contents.
Immunization program—Department of social and
health services’ rules, contents.
Screening program for scoliosis—Purpose.
Screening program for scoliosis—Definitions.
Screening program for scoliosis—Examination of
children—Personnel making examinations, training
for.
Screening program for scoliosis—Records—Parents or
guardians notification, contents.
Screening program for scoliosis—Distribution of rules,
records and forms.
Screening program for scoliosis—Pupils exempt,
when.
Screening program for scoliosis—Sanctions against
school officials failing to comply.
Public and private schools—Administration of oral
medication by—Conditions.
Public and private schools—Administration of oral
medication by—Immunity from liability—
Discontinuance, procedure.
Catheterization of public and private school students.
Catheterization of public and private school students—
Immunity from liability.
School physician or school nurse may be employed.
Prohibition on use of tobacco products on school property.
Children with life-threatening health conditions—
Medication or treatment orders—Rules.
Students with diabetes—Individual health plans—
Designation of professional to consult and coordinate with parents and health care provider—
Training and supervision of school district personnel.
Students with diabetes—Adoption of policy for
inservice training for school staff.
Students with diabetes—Compliance with individual
health plan—Immunity.
health: Chapter 43.20 RCW.
28A.210.010 Contagious diseases, limiting contact—
Rules and regulations. The state board of health, after
consultation with the superintendent of public instruction,
shall adopt reasonable rules and regulations regarding the
presence of persons on or about any school premises who
have, or who have been exposed to, contagious diseases
deemed by the state board of health as dangerous to the public health. Such rules and regulations shall specify reasonable and precautionary procedures as to such presence and/or
readmission of such persons and may include the requirement for a certificate from a licensed physician that
there is no danger of contagion. The superintendent of
(2002 Ed.)
Chapter 28A.210
public instruction shall print and distribute the rules and
regulations of the state board of health above provided to
appropriate school officials and personnel. [1971 c 32 § 1;
1969 ex.s. c 223 § 28A.31.010. Prior: 1909 c 97 p 262 §
5; RRS § 4689; prior: 1897 c 118 § 68; 1890 p 372 § 47.
Formerly RCW 28A.31.010, 28.31.010.]
28A.210.020 Visual and auditory screening of
pupils—Rules and regulations. Every board of school
directors shall have the power, and it shall be its duty to
provide for and require screening for the visual and auditory
acuity of all children attending schools in their districts to
ascertain which if any of such children have defects sufficient to retard them in their studies. Auditory and visual
screening shall be made in accordance with procedures and
standards adopted by rule or regulation of the state board of
health. Prior to the adoption or revision of such rules or
regulations the state board of health shall seek the recommendations of the superintendent of public instruction
regarding the administration of visual and auditory screening
and the qualifications of persons competent to administer
such screening. [1971 c 32 § 2; 1969 ex.s. c 223 §
28A.31.030. Prior: 1941 c 202 § 1; Rem. Supp. 1941 §
4689-1. Formerly RCW 28A.31.030, 28.31.030.]
28A.210.030 Visual and auditory screening of
pupils—Record of screening—Forwarding of records,
recommendations and data. The person or persons
completing the screening prescribed in RCW 28A.210.020
shall promptly prepare a record of the screening of each
child found to have, or suspected of having, reduced visual
and/or auditory acuity in need of attention, including the
special education services provided by RCW 28A.155.010
through 28A.155.100, and send copies of such records and
recommendations to the parents or guardians of such
children and shall deliver the original records to the appropriate school official who shall preserve such records and
forward to the superintendent of public instruction and the
secretary of health visual and auditory data as requested by
such officials. [1991 c 3 § 289; 1990 c 33 § 188; 1971 c 32
§ 3; 1969 ex.s. c 223 § 28A.31.040. Prior: 1941 c 202 § 2;
Rem. Supp. 1941 § 4689-2. Formerly RCW 28A.31.040,
28.31.040.]
28A.210.040 Visual and auditory screening of
pupils—Rules and regulations, forms used in screenings,
distribution. The superintendent of public instruction shall
print and distribute to appropriate school officials the rules
and regulations adopted by the state board of health pursuant
to RCW 28A.210.020 and the recommended records and
forms to be used in making and reporting such screenings.
[1990 c 33 § 189; 1973 c 46 § 1. Prior: 1971 c 48 § 12;
1971 c 32 § 4; 1969 ex.s. c 223 § 28A.31.050; prior: 1941
c 202 § 3; RRS § 4689-3. Formerly RCW 28A.31.050,
28.31.050.]
Severability—1973 c 46: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 46 § 5.]
Severability—1971 c 48: See note following RCW 28A.305.040.
[Title 28A RCW—page 39]
28A.210.060
Title 28A RCW: Common School Provisions
28A.210.060 Immunization program—Purpose. In
enacting RCW 28A.210.060 through 28A.210.170, it is the
judgment of the legislature that it is necessary to protect the
health of the public and individuals by providing a means for
the eventual achievement of full immunization of school-age
children against certain vaccine-preventable diseases. [1990
c 33 § 190; 1984 c 40 § 3; 1979 ex.s. c 118 § 1. Formerly
RCW 28A.31.100.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—1979 ex.s. c 118: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect on September 1, 1979." [1979 ex.s. c 118 § 13.]
Severability—1979 ex.s. c 118: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 118 § 16.]
Immunization plan: RCW 43.70.525.
28A.210.070 Immunization program—Definitions.
As used in RCW 28A.210.060 through 28A.210.170:
(1) "Chief administrator" shall mean the person with the
authority and responsibility for the immediate supervision of
the operation of a school or day care center as defined in
this section or, in the alternative, such other person as may
hereafter be designated in writing for the purposes of RCW
28A.210.060 through 28A.210.170 by the statutory or
corporate board of directors of the school district, school, or
day care center or, if none, such other persons or person
with the authority and responsibility for the general supervision of the operation of the school district, school or day
care center.
(2) "Full immunization" shall mean immunization
against certain vaccine-preventable diseases in accordance
with schedules and with immunizing agents approved by the
state board of health.
(3) "Local health department" shall mean the city, town,
county, district or combined city-county health department,
board of health, or health officer which provides public
health services.
(4) "School" shall mean and include each building,
facility, and location at or within which any or all portions
of a preschool, kindergarten and grades one through twelve
program of education and related activities are conducted for
two or more children by or in behalf of any public school
district and by or in behalf of any private school or private
institution subject to approval by the state board of education
pursuant to RCW 28A.305.130(6), 28A.195.010 through
28A.195.050, and 28A.410.120.
(5) "Day care center" shall mean an agency which
regularly provides care for a group of thirteen or more
children for periods of less than twenty-four hours and is
licensed pursuant to chapter 74.15 RCW.
(6) "Child" shall mean any person, regardless of age, in
attendance at a public or private school or a licensed day
care center. [1990 c 33 § 191; 1985 c 49 § 2; 1984 c 40 §
4; 1979 ex.s. c 118 § 2. Formerly RCW 28A.31.102.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
[Title 28A RCW—page 40]
28A.210.080 Immunization program—Attendance
of child conditioned upon presentation of alternative
proofs. The attendance of every child at every public and
private school in the state and licensed day care center shall
be conditioned upon the presentation before or on each
child’s first day of attendance at a particular school or
center, of proof of either (1) full immunization, (2) the
initiation of and compliance with a schedule of immunization, as required by rules of the state board of health, or (3)
a certificate of exemption as provided for in RCW
28A.210.090. The attendance at the school or the day care
center during any subsequent school year of a child who has
initiated a schedule of immunization shall be conditioned
upon the presentation of proof of compliance with the
schedule on the child’s first day of attendance during the
subsequent school year. Once proof of full immunization or
proof of completion of an approved schedule has been
presented, no further proof shall be required as a condition
to attendance at the particular school or center. [1990 c 33
§ 192; 1985 c 49 § 1; 1979 ex.s. c 118 § 3. Formerly RCW
28A.31.104.]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.090 Immunization program—Exemptions
from on presentation of alternative certifications. Any
child shall be exempt in whole or in part from the immunization measures required by RCW 28A.210.060 through
28A.210.170 upon the presentation of any one or more of
the following, on a form prescribed by the department of
health:
(1) A written certification signed by any physician
licensed to practice medicine pursuant to chapter 18.71 or
18.57 RCW that a particular vaccine required by rule of the
state board of health is, in his or her judgment, not advisable
for the child: PROVIDED, That when it is determined that
this particular vaccine is no longer contraindicated, the child
will be required to have the vaccine;
(2) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the
child that the religious beliefs of the signator are contrary to
the required immunization measures; and
(3) A written certification signed by any parent or legal
guardian of the child or any adult in loco parentis to the
child that the signator has either a philosophical or personal
objection to the immunization of the child. [1991 c 3 § 290;
1990 c 33 § 193; 1984 c 40 § 5; 1979 ex.s. c 118 § 4.
Formerly RCW 28A.31.106.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.100 Immunization program—Source of
immunizations—Written records. The immunizations
required by RCW 28A.210.060 through 28A.210.170 may be
obtained from any private or public source desired: PROVIDED, That the immunization is administered and records
are made in accordance with the regulations of the state
board of health. Any person or organization administering
immunizations shall furnish each person immunized, or his
or her parent or legal guardian, or any adult in loco parentis
(2002 Ed.)
Health—Screening and Requirements
to the child, with a written record of immunization given in
a form prescribed by the state board of health. [1990 c 33
§ 194; 1984 c 40 § 7; 1979 ex.s. c 118 § 6. Formerly RCW
28A.31.110.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.110
Immunization program—
Administrator’s duties upon receipt of proof of immunization or certification of exemption. A child’s proof of
immunization or certification of exemption shall be presented
to the chief administrator of the public or private school or
day care center or to his or her designee for that purpose.
The chief administrator shall:
(1) Retain such records pertaining to each child at the
school or day care center for at least the period the child is
enrolled in the school or attends such center;
(2) Retain a record at the school or day care center of
the name, address, and date of exclusion of each child
excluded from school or the center pursuant to RCW
28A.210.120 for not less than three years following the date
of a child’s exclusion;
(3) File a written annual report with the department of
health on the immunization status of students or children
attending the day care center at a time and on forms prescribed by the department of health; and
(4) Allow agents of state and local health departments
access to the records retained in accordance with this section
during business hours for the purposes of inspection and
copying. [1991 c 3 § 291; 1990 c 33 § 195; 1979 ex.s. c
118 § 7. Formerly RCW 28A.31.112.]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.120 Immunization program—Prohibiting
child’s presence, when—Notice to parent, guardian or
adult in loco parentis, contents. It shall be the duty of the
chief administrator of every public and private school and
day care center to prohibit the further presence at the school
or day care center for any and all purposes of each child for
whom proof of immunization, certification of exemption, or
proof of compliance with an approved schedule of immunization has not been provided in accordance with RCW
28A.210.080 and to continue to prohibit the child’s presence
until such proof of immunization, certification of exemption,
or approved schedule has been provided. The exclusion of
a child from a school shall be accomplished in accordance
with rules of the state board of education. The exclusion of
a child from a day care center shall be accomplished in
accordance with rules of the department of social and health
services. Prior to the exclusion of a child, each school or
day care center shall provide written notice to the parent(s)
or legal guardian(s) of each child or to the adult(s) in loco
parentis to each child, who is not in compliance with the
requirements of RCW 28A.210.080. The notice shall fully
inform such person(s) of the following: (1) The requirements established by and pursuant to RCW 28A.210.060
through 28A.210.170; (2) the fact that the child will be
prohibited from further attendance at the school unless RCW
28A.210.080 is complied with; (3) such procedural due
(2002 Ed.)
28A.210.100
process rights as are hereafter established pursuant to RCW
28A.210.160 and/or 28A.210.170, as appropriate; and (4) the
immunization services that are available from or through the
local health department and other public agencies. [1990 c
33 § 196; 1985 c 49 § 3; 1984 c 40 § 8; 1979 ex.s. c 118 §
8. Formerly RCW 28A.31.114.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.130
Immunization program—
Superintendent of public instruction to provide information. The superintendent of public instruction shall provide
for information about the immunization program and
requirements under RCW 28A.210.060 through 28A.210.170
to be widely available throughout the state in order to
promote full use of the program. [1990 c 33 § 197; 1985 c
49 § 4. Formerly RCW 28A.31.115.]
28A.210.140 Immunization program—State board
of health rules, contents. The state board of health shall
adopt and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and
substantive requirements for full immunization and the form
and substance of the proof thereof, to be required pursuant
to RCW 28A.210.060 through 28A.210.170. [1990 c 33 §
198; 1984 c 40 § 9; 1979 ex.s. c 118 § 9. Formerly RCW
28A.31.116.]
Severability—1984 c 40: See note following RCW 28A.195.050.
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.150
Immunization program—
Superintendent of public instruction by rule to adopt
procedures for verifying records. The superintendent of
public instruction by rule shall provide procedures for
schools to quickly verify the immunization records of students transferring from one school to another before the
immunization records are received. [1985 c 49 § 5.
Formerly RCW 28A.31.117.]
28A.210.160 Immunization program—State board
of education rules, contents. The state board of education
shall and is hereby empowered to adopt rules pursuant to
chapter 34.05 RCW which establish the procedural and
substantive due process requirements governing the exclusion
of children from public and private schools pursuant to RCW
28A.210.120. [1990 c 33 § 199; 1979 ex.s. c 118 § 10.
Formerly RCW 28A.31.118.]
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.170 Immunization program—Department
of social and health services’ rules, contents. The department of social and health services shall and is hereby
empowered to adopt rules pursuant to chapter 34.05 RCW
which establish the procedural and substantive due process
requirements governing the exclusion of children from day
care centers pursuant to RCW 28A.210.120. [1990 c 33 §
200; 1979 ex.s. c 118 § 11. Formerly RCW 28A.31.120.]
[Title 28A RCW—page 41]
28A.210.170
Title 28A RCW: Common School Provisions
Effective date—Severability—1979 ex.s. c 118: See notes following
RCW 28A.210.060.
28A.210.180 Screening program for scoliosis—
Purpose. The legislature recognizes that the condition
known as scoliosis, a lateral curvature of the spine commonly appearing in adolescents, can develop into a permanent,
crippling disability if left untreated. Early diagnosis and
referral can often result in the successful treatment of this
condition and greatly reduce the need for major surgery.
Therefore, the purpose of RCW 28A.210.180 through
28A.210.250 is to recognize that a school screening program
is an invaluable tool for detecting the number of adolescents
with scoliosis. It is the intent of the legislature to insure that
the superintendent of public instruction provide and require
screening of children for the condition known as scoliosis,
to ascertain which, if any, of these children have defects
requiring corrective treatment. [1991 c 86 § 1; 1990 c 33 §
201; 1985 c 216 § 1; 1979 c 47 § 1. Formerly RCW
28A.31.130.]
Severability—1979 c 47: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 47 § 8.]
28A.210.190 Screening program for scoliosis—
Definitions. As used in RCW 28A.210.180 through
28A.210.250, the following terms have the meanings
indicated.
(1) "Superintendent" means the superintendent of public
instruction of public schools in the state, or the
superintendent’s designee.
(2) "Pupil" means a student enrolled in the public school
system in the state.
(3) "Scoliosis" includes idiopathic scoliosis and kyphosis.
(4) "Screening" means an examination to be performed
for the purpose of detecting the condition known as scoliosis.
(5) "Public schools" means the common schools referred
to in Article IX of the state Constitution and those schools
and institutions of learning having a curriculum below the
college or university level as now or may be established by
law and maintained at public expense. [1991 c 86 § 2; 1990
c 33 § 202; 1985 c 216 § 2; 1979 c 47 § 2. Formerly RCW
28A.31.132.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.200 Screening program for scoliosis—
Examination of children—Personnel making examinations, training for. The superintendent shall provide for and
require the examination of children attending public schools
at least three times between grades four and eleven in
accordance with procedures and standards adopted by rule of
the state board of health in cooperation with the superintendent of public instruction and the department of health. The
examination shall be made by a school physician, school
nurse, qualified licensed health practitioner, or physical
education instructor or by other school personnel. Proper
training of the personnel in the screening process for
scoliosis shall be provided by the superintendent. [1991 c 86
§ 3; 1990 c 33 § 203; 1985 c 216 § 3; 1979 c 47 § 3.
Formerly RCW 28A.31.134.]
[Title 28A RCW—page 42]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.210 Screening program for scoliosis—
Records—Parents or guardians notification, contents.
Every person performing the screening under RCW
28A.210.200 shall promptly prepare a record of the screening of each child found to have or suspected of having
scoliosis and shall send copies of the records to the parents
or guardians of the children. The notification shall include
an explanation of scoliosis, the significance of treating it at
an early stage, and the services generally available from a
qualified licensed health practitioner for the treatment after
diagnosis. [1990 c 33 § 204; 1985 c 216 § 4; 1979 c 47 §
4. Formerly RCW 28A.31.136.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.220 Screening program for scoliosis—
Distribution of rules, records and forms. The superintendent shall print and distribute to appropriate school officials
the rules adopted by the state board of health in cooperation
with the superintendent of public instruction under RCW
28A.210.200 and the recommended records and forms to be
used in making and reporting the screenings. [1990 c 33 §
205; 1979 c 47 § 5. Formerly RCW 28A.31.138.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.240 Screening program for scoliosis—
Pupils exempt, when. Any pupil shall be exempt from the
examination upon written request of his or her parent or
guardian if the parent or guardian certifies that:
(1) The screening conflicts with the philosophical or
religious beliefs; or
(2) The student is presently under the care of a health
care provider for spinal curvature or a related medical
condition. [1985 c 216 § 5; 1979 c 47 § 6. Formerly RCW
28A.31.140.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.250 Screening program for scoliosis—
Sanctions against school officials failing to comply. The
superintendent may establish appropriate sanctions to be
applied to any school officials of the state failing to comply
with RCW 28A.210.200 through 28A.210.240 which
sanctions may include withholding of any portion of state aid
to the district until such time as compliance is assured.
[1990 c 33 § 207; 1979 c 47 § 7. Formerly RCW
28A.31.142.]
Severability—1979 c 47: See note following RCW 28A.210.180.
28A.210.260 Public and private schools—
Administration of oral medication by—Conditions.
Public school districts and private schools which conduct any
of grades kindergarten through the twelfth grade may
provide for the administration of oral medication of any
nature to students who are in the custody of the school
district or school at the time of administration, but are not
required to do so by this section, subject to the following
conditions:
(1) The board of directors of the public school district
or the governing board of the private school or, if none, the
chief administrator of the private school shall adopt policies
(2002 Ed.)
Health—Screening and Requirements
which address the designation of employees who may
administer oral medications to students, the acquisition of
parent requests and instructions, and the acquisition of
requests from licensed health professionals prescribing within
the scope of their prescriptive authority and instructions
regarding students who require medication for more than
fifteen consecutive school days, the identification of the
medication to be administered, the means of safekeeping
medications with special attention given to the safeguarding
of legend drugs as defined in chapter 69.41 RCW, and the
means of maintaining a record of the administration of such
medication;
(2) The board of directors shall seek advice from one or
more licensed physicians or nurses in the course of developing the foregoing policies;
(3) The public school district or private school is in
receipt of a written, current and unexpired request from a
parent, or a legal guardian, or other person having legal
control over the student to administer the medication to the
student;
(4) The public school district or the private school is in
receipt of (a) a written, current and unexpired request from
a licensed health professional prescribing within the scope of
his or her prescriptive authority for administration of the
medication, as there exists a valid health reason which
makes administration of such medication advisable during
the hours when school is in session or the hours in which the
student is under the supervision of school officials, and (b)
written, current and unexpired instructions from such
licensed health professional prescribing within the scope of
his or her prescriptive authority regarding the administration
of prescribed medication to students who require medication
for more than fifteen consecutive work days;
(5) The medication is administered by an employee
designated by or pursuant to the policies adopted pursuant to
subsection (1) of this section and in substantial compliance
with the prescription of a licensed health professional prescribing within the scope of his or her prescriptive authority
or the written instructions provided pursuant to subsection
(4) of this section;
(6) The medication is first examined by the employee
administering the same to determine in his or her judgment
that it appears to be in the original container and to be
properly labeled; and
(7) The board of directors shall designate a professional
person licensed pursuant to chapter 18.71 RCW or chapter
18.79 RCW as it applies to registered nurses and advanced
registered nurse practitioners, to train and supervise the
designated school district personnel in proper medication
procedures. [2000 c 63 § 1; 1994 sp.s. c 9 § 720; 1982 c
195 § 1. Formerly RCW 28A.31.150.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—1982 c 195: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 195 § 4.]
28A.210.270 Public and private schools—
Administration of oral medication by—Immunity from
liability—Discontinuance, procedure. (1) In the event a
school employee administers oral medication to a student
(2002 Ed.)
28A.210.260
pursuant to RCW 28A.210.260 in substantial compliance
with the prescription of the student’s licensed health professional prescribing within the scope of the professional’s
prescriptive authority or the written instructions provided
pursuant to RCW 28A.210.260(4), and the other conditions
set forth in RCW 28A.210.260 have been substantially
complied with, then the employee, the employee’s school
district or school of employment, and the members of the
governing board and chief administrator thereof shall not be
liable in any criminal action or for civil damages in their
individual or marital or governmental or corporate or other
capacities as a result of the administration of the medication.
(2) The administration of oral medication to any student
pursuant to RCW 28A.210.260 may be discontinued by a
public school district or private school and the school district
or school, its employees, its chief administrator, and members of its governing board shall not be liable in any
criminal action or for civil damages in their governmental or
corporate or individual or marital or other capacities as a
result of the discontinuance of such administration: PROVIDED, That the chief administrator of the public school
district or private school, or his or her designee, has first
provided actual notice orally or in writing in advance of the
date of discontinuance to a parent or legal guardian of the
student or other person having legal control over the student.
[2000 c 63 § 2; 1990 c 33 § 208; 1982 c 195 § 2. Formerly
RCW 28A.31.155.]
Severability—1982 c 195: See note following RCW 28A.210.260.
28A.210.280 Catheterization of public and private
school students. (1) Public school districts and private
schools that offer classes for any of grades kindergarten
through twelve may provide for clean, intermittent bladder
catheterization of students, or assisted self-catheterization of
students pursuant to RCW 18.79.290, if the catheterization
is provided for in substantial compliance with:
(a) Rules adopted by the state nursing care quality
assurance commission and the instructions of a registered
nurse or advanced registered nurse practitioner issued under
such rules; and
(b) Written policies of the school district or private
school which shall be adopted in order to implement this
section and shall be developed in accordance with such
requirements of chapters 41.56 and 41.59 RCW as may be
applicable.
(2) This section does not require school districts to
provide intermittent bladder catheterization of students.
[1994 sp.s. c 9 § 721; 1988 c 48 § 2. Formerly RCW
28A.31.160.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
28A.210.290 Catheterization of public and private
school students—Immunity from liability. (1) In the event
a school employee provides for the catheterization of a
student pursuant to RCW 18.79.290 and 28A.210.280 in
substantial compliance with (a) rules adopted by the state
nursing care quality assurance commission and the instructions of a registered nurse or advanced registered nurse
practitioner issued under such rules, and (b) written policies
of the school district or private school, then the employee,
[Title 28A RCW—page 43]
28A.210.290
Title 28A RCW: Common School Provisions
the employee’s school district or school of employment, and
the members of the governing board and chief administrator
thereof shall not be liable in any criminal action or for civil
damages in their individual, marital, governmental, corporate,
or other capacity as a result of providing for the catheterization.
(2) Providing for the catheterization of any student
pursuant to RCW 18.79.290 and 28A.210.280 may be
discontinued by a public school district or private school and
the school district or school, its employees, its chief administrator, and members of its governing board shall not be
liable in any criminal action or for civil damages in their
individual, marital, governmental, corporate, or other
capacity as a result of the discontinuance: PROVIDED,
That the chief administrator of the public school district or
private school, or his or her designee, has first provided
actual notice orally or in writing in advance of the date of
discontinuance to a parent or legal guardian of the student or
other person having legal control over the student: PROVIDED FURTHER, That the public school district otherwise
provides for the catheterization of the student to the extent
required by federal or state law. [1994 sp.s. c 9 § 722; 1990
c 33 § 209; 1988 c 48 § 3. Formerly RCW 28A.31.165.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
28A.210.300 School physician or school nurse may
be employed. The board of directors of any school district
of the second class may employ a regularly licensed physician or a licensed public health nurse for the purpose of
protecting the health of the children in said district. [1975
c 43 § 20; 1969 ex.s. c 223 § 28A.60.320. Prior: 1937 c 60
§ 1; RRS § 4776-4. Formerly RCW 28A.60.320,
28.31.080.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.210.310 Prohibition on use of tobacco products
on school property. (1) To protect children in the public
schools of this state from exposure to the addictive substance
of nicotine, each school district board of directors shall have
a written policy mandating a prohibition on the use of all tobacco products on public school property.
(2) The policy in subsection (1) of this section shall
include, but not be limited to, a requirement that students
and school personnel be notified of the prohibition, the
posting of signs prohibiting the use of tobacco products,
sanctions for students and school personnel who violate the
policy, and a requirement that school district personnel
enforce the prohibition. Enforcement policies adopted in the
school board policy shall be in addition to the enforcement
provisions in RCW 70.160.070. [1997 c 9 § 1; 1989 c 233
§ 6. Formerly RCW 28A.31.170.]
Effective date—1997 c 9: "This act takes effect August 1, 1997."
[1997 c 9 § 2.]
28A.210.320 Children with life-threatening health
conditions—Medication or treatment orders—Rules. (1)
The attendance of every child at every public school in the
state shall be conditioned upon the presentation before or on
each child’s first day of attendance at a particular school of
[Title 28A RCW—page 44]
a medication or treatment order addressing any life-threatening health condition that the child has that may require
medical services to be performed at the school. Once such
an order has been presented, the child shall be allowed to
attend school.
(2) The chief administrator of every public school shall
prohibit the further presence at the school for any and all
purposes of each child for whom a medication or treatment
order has not been provided in accordance with this section
if the child has a life-threatening health condition that may
require medical services to be performed at the school and
shall continue to prohibit the child’s presence until such
order has been provided. The exclusion of a child from a
school shall be accomplished in accordance with rules of the
state board of education. Before excluding a child, each
school shall provide written notice to the parents or legal
guardians of each child or to the adults in loco parentis to
each child, who is not in compliance with the requirements
of this section. The notice shall include, but not be limited
to, the following: (a) The requirements established by this
section; (b) the fact that the child will be prohibited from
further attendance at the school unless this section is
complied with; and (c) such procedural due process rights as
are established pursuant to this section.
(3) The state board of education shall adopt rules under
chapter 34.05 RCW that establish the procedural and
substantive due process requirements governing the exclusion
of children from public schools under this section. The rules
shall include any requirements under applicable federal laws.
(4) As used in this section, "life-threatening condition"
means a health condition that will put the child in danger of
death during the school day if a medication or treatment
order and a nursing plan are not in place.
(5) As used in this section, "medication or treatment
order" means the authority a registered nurse obtains under
RCW 18.79.260(2). [2002 c 101 § 1.]
28A.210.330 Students with diabetes—Individual
health plans—Designation of professional to consult and
coordinate with parents and health care provider—
Training and supervision of school district personnel. (1)
School districts shall provide individual health plans for
students with diabetes, subject to the following conditions:
(a) The board of directors of the school district shall
adopt policies to be followed for students with diabetes. The
policies shall include, but need not be limited to:
(i) The acquisition of parent requests and instructions;
(ii) The acquisition of orders from licensed health
professionals prescribing within the scope of their prescriptive authority for monitoring and treatment at school;
(iii) The provision for storage of medical equipment and
medication provided by the parent;
(iv) The provision for students to perform blood glucose
tests, administer insulin, treat hypoglycemia and hyperglycemia, and have easy access to necessary supplies and equipment to perform monitoring and treatment functions as
specified in the individual health plan. The policies shall
include the option for students to carry on their persons the
necessary supplies and equipment and the option to perform
monitoring and treatment functions anywhere on school
(2002 Ed.)
Health—Screening and Requirements
grounds including the students’ classrooms, and at schoolsponsored events;
(v) The establishment of school policy exceptions
necessary to accommodate the students’ needs to eat whenever and wherever necessary, have easy, unrestricted access
to water and bathroom use, have provisions made for parties
at school when food is served, eat meals and snacks on time,
and other necessary exceptions as described in the individual
health plan;
(vi) The assurance that school meals are never withheld
because of nonpayment of fees or disciplinary action;
(vii) A description of the students’ school day schedules
for timing of meals, snacks, blood sugar testing, insulin
injections, and related activities;
(viii) The development of individual emergency plans;
(ix) The distribution of the individual health plan to
appropriate staff based on the students’ needs and staff level
of contact with the students;
(x) The possession of legal documents for parentdesignated adults to provide care, if needed; and
(xi) The updating of the individual health plan at least
annually or more frequently, as needed; and
(b) The board of directors, in the course of developing
the policies in (a) of this subsection, shall seek advice from
one or more licensed physicians or nurses or diabetes
educators who are nationally certified.
(2)(a) For the purposes of this section, "parent-designated adult" means a volunteer, who may be a school district
employee, who receives additional training from a health
care professional or expert in diabetic care selected by the
parents, and who provides care for the child consistent with
the individual health plan.
(b) To be eligible to be a parent-designated adult, a
school district employee not licensed under chapter 18.79
RCW shall file, without coercion by the employer, a voluntary written, current, and unexpired letter of intent stating the
employee’s willingness to be a parent-designated adult. If
a school employee who is not licensed under chapter 18.79
RCW chooses not to file a letter under this section, the
employee shall not be subject to any employer reprisal or
disciplinary action for refusing to file a letter.
(3) The board of directors shall designate a professional
person licensed under chapter 18.71, 18.57, or 18.79 RCW
as it applies to registered nurses and advanced registered
nurse practitioners, to consult and coordinate with the
student’s parents and health care provider, and train and
supervise the appropriate school district personnel in proper
procedures for care for students with diabetes to ensure a
safe, therapeutic learning environment. Training may also be
provided by a diabetes educator who is nationally certified.
Parent-designated adults who are school employees are
required to receive the training provided under this subsection. Parent-designated adults who are not school employees
shall show evidence of comparable training. The parentdesignated adult must also receive additional training as
established in subsection (2)(a) of this section for the
additional care the parents have authorized the parentdesignated adult to provide. The professional person
designated under this subsection is not responsible for the
supervision of the parent-designated adult for those procedures that are authorized by the parents. [2002 c 350 § 2.]
(2002 Ed.)
28A.210.330
Findings—2002 c 350: "The legislature finds that diabetes imposes
significant health risks to students enrolled in the state’s public schools and
that providing for the medical needs of students with diabetes is crucial to
ensure both the safety of students with diabetes and their ability to obtain
the education guaranteed to all citizens of the state. The legislature also
finds that children with diabetes can and should be provided with a safe
learning environment and access to all other nonacademic school-sponsored
activities. The legislature further finds that an individual health plan for
each child with diabetes should be in place in the student’s school and
should include provisions for a parental signed release form, medical
equipment and storage capacity, and exceptions from school policies, school
schedule, meals and eating, disaster preparedness, inservice training for
staff, legal documents for parent-designated adults who may provide care,
as needed, and personnel guidelines describing who may assume responsibility for activities contained in the student’s individual health plan." [2002
c 350 § 1.]
Effective date—2002 c 350: "This act takes effect July 1, 2002."
[2002 c 350 § 5.]
28A.210.340 Students with diabetes—Adoption of
policy for inservice training for school staff. The superintendent of public instruction and the secretary of the department of health shall develop a uniform policy for all school
districts providing for the inservice training for school staff
on symptoms, treatment, and monitoring of students with
diabetes and on the additional observations that may be
needed in different situations that may arise during the
school day and during school-sponsored events. The policy
shall include the standards and skills that must be in place
for inservice training of school staff. [2002 c 350 § 3.]
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
28A.210.350 Students with diabetes—Compliance
with individual health plan—Immunity. A school district,
school district employee, agent, or parent-designated adult
who, acting in good faith and in substantial compliance with
the student’s individual health plan and the instructions of
the student’s licensed health care professional, provides
assistance or services under RCW 28A.210.330 shall not be
liable in any criminal action or for civil damages in his or
her individual or marital or governmental or corporate or
other capacities as a result of the services provided under
RCW 28A.210.330 to students with diabetes. [2002 c 350
§ 4.]
Findings—Effective date—2002 c 350: See notes following RCW
28A.210.330.
Chapter 28A.215
EARLY CHILDHOOD, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
Sections
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010
28A.215.020
28A.215.030
28A.215.040
28A.215.050
Authority of school boards.
Allocations of state or federal funds—Regulations by
state board.
Allocations pending receipt of federal funds.
Establishment and maintenance discretionary.
Additional authority—Contracts with private and public entities—Charges—Transportation services.
[Title 28A RCW—page 45]
Chapter 28A.215
Title 28A RCW: Common School Provisions
EARLY CHILDHOOD ASSISTANCE PROGRAM
28A.215.100
28A.215.110
28A.215.120
Intent.
Definitions.
Department of community, trade, and economic development to administer program—Admission and
funding.
28A.215.130
Approved early childhood programs—Entities eligible
to conduct—Use of funds—Requirements for
applicants.
28A.215.140
Advisory committee—Composition.
28A.215.150
Rules.
28A.215.160
Review of applications—Award of funds.
28A.215.170
Early childhood educational and assistance services—
Report to governor.
28A.215.180
State support—Priorities—Program funding levels.
28A.215.190
Expenses of advisory committee—Reimbursement.
28A.215.200
Authority to solicit gifts, grants, and support.
28A.215.900
Short title—1985 c 418.
28A.215.904
Contingency—Effective date—1985 c 418.
28A.215.906
Severability—1985 c 418.
28A.215.908
Severability—1988 c 174.
Department of community, trade, and economic development: Chapter
43.330 RCW.
NURSERY SCHOOLS, PRESCHOOLS, AND
BEFORE-AND-AFTER SCHOOL CARE
28A.215.010 Authority of school boards. The board
of directors of any school district shall have the power to
establish and maintain preschools and to provide before-andafter-school and vacation care in connection with the
common schools of said district located at such points as the
board shall deem most suitable for the convenience of the
public, for the care and instruction of infants and children
residing in said district. The board shall establish such
courses, activities, rules, and regulations governing
preschools and before-and-after-school care as it may deem
best: PROVIDED, That these courses and activities shall
meet the minimum standard for such preschools as established by the United States Department of Health, Education
and Welfare, or its successor agency, and the state board of
education. Except as otherwise provided by state or federal
law, the board of directors may fix a reasonable charge for
the care and instruction of children attending such schools.
The board may, if necessary, supplement such funds as are
received for the superintendent of public instruction or any
agency of the federal government, by an appropriation from
the general school fund of the district. [1995 c 335 § 104;
1969 ex.s. c 223 § 28A.34.010. Prior: 1945 c 247 § 1;
1943 c 220 § 1; Rem. Supp. 1945 § 5109-1. Formerly RCW
28A.34.010, 28.34.010.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.215.020 Allocations of state or federal funds—
Regulations by state board. Expenditures under federal
funds and/or state appropriations made to carry out the
purposes of RCW 28A.215.010 through 28A.215.050 shall
be made by warrants issued by the state treasurer upon order
of the superintendent of public instruction. The state board
of education shall make necessary rules and regulations to
carry out the purpose of RCW 28A.215.010. [1995 c 335 §
308; 1990 c 33 § 210; 1969 ex.s. c 223 § 28A.34.020.
Prior: 1943 c 220 § 2; Rem. Supp. 1943 § 5109-2. Formerly RCW 28A.34.020, 28.34.020, 28.34.030.]
[Title 28A RCW—page 46]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.215.030 Allocations pending receipt of federal
funds. In the event the legislature appropriates any moneys
to carry out the purposes of RCW 28A.215.010 through
28A.215.050, allocations therefrom may be made to school
districts for the purpose of underwriting allocations made or
requested from federal funds until such federal funds are
available. Any school district may allocate a portion of its
funds for the purpose of carrying out the provisions of RCW
28A.215.010 through 28A.215.050 pending the receipt of
reimbursement from funds made available by acts of
congress. [1995 c 335 § 309; 1990 c 33 § 211; 1969 ex.s.
c 223 § 28A.34.040. Prior: 1943 c 220 § 3; Rem. Supp.
1943 § 5109-3. Formerly RCW 28A.34.040, 28.34.040.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.215.040 Establishment and maintenance
discretionary. Every board of directors shall have power to
establish, equip and maintain preschools and/or provide
before-and-after-school care for children of working parents,
in cooperation with the federal government or any of its
agencies, when in their judgment the best interests of their
district will be subserved thereby. [1995 c 335 § 105; 1973
1st ex.s. c 154 § 45; 1969 ex.s. c 223 § 28A.34.050. Prior:
1943 c 220 § 5; Rem. Supp. 1943 § 5109-5. Formerly RCW
28A.34.050, 28.34.050.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
28A.215.050 Additional authority—Contracts with
private and public entities—Charges—Transportation
services. As a supplement to the authority otherwise granted
by RCW 28A.215.010 through 28A.215.050 respecting the
care or instruction, or both, of children in general, the board
of directors of any school district may only utilize funds
outside the state basic education appropriation and the state
school transportation appropriation to:
(1) Contract with public and private entities to conduct
all or any portion of the management and operation of a
child care program at a school district site or elsewhere;
(2) Establish charges based upon costs incurred under
this section and provide for the reduction or waiver of
charges in individual cases based upon the financial ability
of the parents or legal guardians of enrolled children to pay
the charges, or upon their provision of other valuable
consideration to the school district; and
(3) Transport children enrolled in a child care program
to the program and to related sites using district-owned
school buses and other motor vehicles, or by contracting for
such transportation and related services: PROVIDED, That
no child three years of age or younger shall be transported
under the provisions of this section unless accompanied by
a parent or guardian. [1995 c 335 § 310; 1990 c 33 § 212;
1987 c 487 § 1. Formerly RCW 28A.34.150.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
(2002 Ed.)
Early Childhood, Preschools, and Before-and-After School Care
EARLY CHILDHOOD ASSISTANCE PROGRAM
28A.215.100 Intent. It is the intent of the legislature
to establish an early childhood state education and assistance
program. This special assistance program is a voluntary
enrichment program to help prepare some children to enter
the common school system and shall be offered only as
funds are available. This program is not a part of the basic
program of education which must be fully funded by the
legislature under Article IX, section 1 of the state Constitution. [1994 c 166 § 1; 1985 c 418 § 1. Formerly RCW
28A.34A.010.]
Effective date—1994 c 166: "This act shall take effect July 1, 1994."
[1994 c 166 § 12.]
28A.215.110 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908.
(1) "Advisory committee" means the advisory committee
under RCW 28A.215.140.
(2) "Department" means the department of community,
trade, and economic development.
(3) "Eligible child" means a child not eligible for
kindergarten whose family income is at or below one
hundred ten percent of the federal poverty level, as published
annually by the federal department of health and human
services, and includes a child whose family is eligible for
public assistance, and who is not a participant in a federal or
state program providing comprehensive services and may
include children who are eligible under rules adopted by the
department if the number of such children equals not more
than ten percent of the total enrollment in the early childhood program. Priority for enrollment shall be given to children from families with the lowest income or to eligible
children from families with multiple needs.
(4) "Approved programs" means those state-supported
education and special assistance programs which are recognized by the department of community, trade, and economic
development as meeting the minimum program rules adopted
by the department to qualify under RCW 28A.215.100
through 28A.215.200 and 28A.215.900 through 28A.215.908
and are designated as eligible for funding by the department
under RCW 28A.215.160 and 28A.215.180.
(5) "Comprehensive" means an assistance program that
focuses on the needs of the child and includes education,
health, and family support services.
(6) "Family support services" means providing opportunities for parents to:
(a) Actively participate in their child’s early childhood
program;
(b) Increase their knowledge of child development and
parenting skills;
(c) Further their education and training;
(d) Increase their ability to use needed services in the
community;
(e) Increase their self-reliance. [1999 c 350 § 1; 1994
c 166 § 2; 1990 c 33 § 213; 1988 c 174 § 2; 1985 c 418 §
2. Formerly RCW 28A.34A.020.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
(2002 Ed.)
28A.215.100
Findings—1994 c 166; 1988 c 174: "The legislature finds that the
early childhood education and assistance program provides for the
educational, social, health, nutritional, and cultural development of children
at risk of failure when they reach school age. The long-term benefits to
society in the form of greater educational attainment, employment, and
projected lifetime earnings as well as the savings to be realized, from lower
crime rates, welfare support, and reduced teenage pregnancy, have been
demonstrated through lifelong research of at-risk children and early
childhood programs.
The legislature intends to encourage development of community
partnerships for children at risk by authorizing a program of voluntary
grants and contributions from business and community organizations to
increase opportunities for children to participate in early childhood
education." [1994 c 166 § 3; 1988 c 174 § 1.]
28A.215.120 Department of community, trade, and
economic development to administer program—
Admission and funding. The department of community,
trade, and economic development shall administer a statesupported early childhood education and assistance program
to assist eligible children with educational, social, health,
nutritional, and cultural development to enhance their
opportunity for success in the common school system.
Eligible children shall be admitted to approved early childhood programs to the extent that the legislature provides
funds, and additional eligible children may be admitted to
the extent that grants and contributions from community
sources provide sufficient funds for a program equivalent to
that supported by state funds. [1994 c 166 § 4; 1988 c 174
§ 3; 1985 c 418 § 3. Formerly RCW 28A.34A.030.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.130 Approved early childhood programs—
Entities eligible to conduct—Use of funds—Requirements
for applicants. Approved early childhood programs shall
receive state-funded support through the department. Public
or private nonsectarian organizations, including, but not
limited to school districts, educational service districts,
community and technical colleges, local governments, or
nonprofit organizations, are eligible to participate as providers of the state early childhood program. Funds appropriated
for the state program shall be used to continue to operate
existing programs or to establish new or expanded early
childhood programs, and shall not be used to supplant
federally supported head start programs. Funds obtained by
providers through voluntary grants or contributions from
individuals, agencies, corporations, or organizations may be
used to expand or enhance preschool programs so long as
program standards established by the department are maintained, but shall not be used to supplant federally supported
head start programs or state-supported early childhood
programs. Persons applying to conduct the early childhood
program shall identify targeted groups and the number of
children to be served, program components, the qualifications of instructional and special staff, the source and
amount of grants or contributions from sources other than
state funds, facilities and equipment support, and transportation and personal care arrangements. [1994 c 166 § 5; 1988
c 174 § 4; 1985 c 418 § 4. Formerly RCW 28A.34A.040.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
[Title 28A RCW—page 47]
28A.215.140
Title 28A RCW: Common School Provisions
28A.215.140 Advisory committee—Composition.
The department shall establish an advisory committee
composed of interested parents and representatives from the
state board of education, the office of the superintendent of
public instruction, the division of children and family
services within the department of social and health services,
early childhood education and development staff preparation
programs, the head start programs, school districts, and such
other community and business organizations as deemed
necessary by the department to assist with the establishment
of the preschool program and advise the department on
matters regarding the on-going promotion and operation of
the program. [1988 c 174 § 5; 1985 c 418 § 5. Formerly
RCW 28A.34A.050.]
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.150 Rules. The department shall adopt rules
under chapter 34.05 RCW for the administration of the early
childhood program. Approved early childhood programs
shall conduct needs assessments of their service area,
identify any targeted groups of children, to include but not
be limited to children of seasonal and migrant farmworkers
and native American populations living either on or off
reservation, and provide to the department a service delivery
plan, to the extent practicable, that addresses these targeted
populations.
The department in developing rules for the early
childhood program shall consult with the advisory committee, and shall consider such factors as coordination with
existing head start and other early childhood programs, the
preparation necessary for instructors, qualifications of
instructors, adequate space and equipment, and special
transportation needs. The rules shall specifically require the
early childhood programs to provide for parental involvement in participation with their child’s program, in local
program policy decisions, in development and revision of
service delivery systems, and in parent education and
training. [1994 c 166 § 6; 1988 c 174 § 6; 1987 c 518 §
101; 1985 c 418 § 6. Formerly RCW 28A.34A.060.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
Intent—1994 c 166; 1987 c 518: "The long-term social, community
welfare, and economic interests of the state will be served by an investment
in our children. Conclusive studies and experiences show that providing
children with developmental experiences and providing parents with
effective parental partnership, empowerment, opportunities for involvement
with their child’s developmental learning, and expanding parenting skills,
learning, and training can greatly improve children’s performance in school
as well as increase the likelihood of children’s success as adults. National
studies have also confirmed that special attention to, and educational
assistance for, children, their school environment, and their families are the
most effective ways in which to meet the state’s social and economic goals.
The legislature intends to enhance the readiness to learn of certain
children and students by: Providing for an expansion of the state early
childhood education and assistance program for children from low-income
families and establishing an adult literacy program for certain parents;
assisting school districts to establish elementary counseling programs;
instituting a program to address learning problems due to drug and alcohol
use and abuse; and establishing a program directed at students who leave
school before graduation.
The legislature intends further to establish programs that will allow for
parental, business, and community involvement in assisting the school
systems throughout the state to enhance the ability of children to learn."
[1994 c 166 § 7; 1987 c 518 § 1.]
[Title 28A RCW—page 48]
Severability—1987 c 518: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 518 § 411.]
28A.215.160 Review of applications—Award of
funds. The department shall review applications from public
or private nonsectarian organizations for state funding of
early childhood education and assistance programs and
award funds as determined by department rules and based on
local community needs and demonstrated capacity to provide
services. [1994 c 166 § 8; 1988 c 174 § 7; 1985 c 418 § 7.
Formerly RCW 28A.34A.070.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.170 Early childhood educational and
assistance services—Report to governor. The department
shall annually report to the governor and the legislature on
the findings of the longitudinal study undertaken to examine
and monitor the effectiveness of early childhood educational
and assistance services for eligible children to measure,
among other elements, if possible, how the average level of
performance of children completing this program compare to
the average level of performance of all state students in their
grade level, and to the average level of performance of those
eligible students who did not have access to this program.
The evaluation system shall examine how the percentage of
these children needing access to special education or
remedial programs compares to the overall percentage of
children needing such services and compares to the percentage of eligible students who did not have access to this
program needing such services. [1995 c 335 § 501; 1994 c
166 § 9; 1988 c 174 § 8; 1985 c 418 § 8. Formerly RCW
28A.34A.080.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.180 State support—Priorities—Program
funding levels. For the purposes of RCW 28A.215.100
through 28A.215.200 and 28A.215.900 through 28A.215.908,
the department may award state support under RCW
28A.215.100 through 28A.215.160 to increase the numbers
of eligible children assisted by the federal or state-supported
early childhood programs in this state. Priority shall be
given to those geographical areas which include a high percentage of families qualifying under the "eligible child"
criteria. The overall program funding level shall be based
on an average grant per child consistent with state appropriations made for program costs: PROVIDED, That programs
addressing special needs of selected groups or communities
shall be recognized in the department’s rules. [1994 c 166
§ 10; 1990 c 33 § 214; 1987 c 518 § 102; 1985 c 418 § 9.
Formerly RCW 28A.34A.090.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Intent—1994 c 166; 1987 c 518: See note following RCW
28A.215.150.
Severability—1987 c 518: See note following RCW 28A.215.150.
(2002 Ed.)
Early Childhood, Preschools, and Before-and-After School Care
28A.215.190 Expenses of advisory committee—
Reimbursement. The department from funds appropriated
for the administration of the program under chapter 418,
Laws of 1985 shall reimburse the expenses of the advisory
committee. [1985 c 418 § 10. Formerly RCW
28A.34A.100.]
28A.215.200 Authority to solicit gifts, grants, and
support. The department may solicit gifts, grants, conveyances, bequests and devises for the use or benefit of the
early childhood state education and assistance program
established by RCW 28A.215.100 through 28A.215.200 and
28A.215.900 through 28A.215.908. The department shall
actively solicit support from business and industry and from
the federal government for the state early childhood education and assistance program and shall assist local programs
in developing partnerships with the community for eligible
children. [1994 c 166 § 11; 1990 c 33 § 215; 1988 c 174 §
9; 1985 c 418 § 11. Formerly RCW 28A.34A.110.]
Effective date—1994 c 166: See note following RCW 28A.215.100.
Findings—1994 c 166; 1988 c 174: See note following RCW
28A.215.110.
28A.215.900 Short title—1985 c 418. This act shall
be known as the early childhood assistance act of 1985.
[1985 c 418 § 13. Formerly RCW 28A.34A.904.]
28A.215.904 Contingency—Effective date—1985 c
418. If specific funding for the purposes of this act, referencing this act by bill number, is not provided by the
legislature by July 1, 1987, this act shall be null and void.
This act shall be of no effect until such specific funding is
provided. If such funding is so provided, this act shall take
effect when the legislation providing the funding takes effect.
[1985 c 418 § 12. Formerly RCW 28A.34A.900.]
Reviser’s note: (1) 1986 c 312 § 211 provides specific funding for
the purposes of this act.
(2) 1986 c 312 took effect April 4, 1986.
28A.215.906 Severability—1985 c 418. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1985 c 418 § 14. Formerly RCW
28A.34A.906.]
28A.215.908 Severability—1988 c 174. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 c 174 § 11. Formerly RCW
28A.34A.908.]
Chapter 28A.220
TRAFFIC SAFETY
Sections
28A.220.010
28A.220.020
28A.220.030
(2002 Ed.)
Legislative declaration.
Definitions.
Administration of program—Powers and duties of
school officials.
28A.220.040
28A.220.050
28A.220.060
28A.220.070
28A.220.900
28A.215.190
Fiscal support—Reimbursement to school districts—
Enrollment fees—Deposit.
Information on proper use of left-hand lane.
Information on effects of alcohol and drug use.
Rules.
Purpose.
28A.220.010 Legislative declaration. It is the
purpose of chapter 76, Laws of 1977 to provide the students
of the state with an improved quality traffic safety education
program and to develop in the youth of this state a knowledge of the motor vehicle laws, an acceptance of personal
responsibility on the public highways, an understanding of
the causes and consequences of traffic accidents, and to
provide training in the skills necessary for the safe operation
of motor vehicles; to provide financial assistance to the
various school districts while permitting them to achieve
economies through options in the choice of course content
and methods of instructions by adopting in whole or with
modifications, a program prepared by the office of the
superintendent of public instruction, and keeping to a
minimum the amount of estimating, bookkeeping and
reporting required of said school districts for financial
reimbursement for such traffic safety education programs.
[1977 c 76 § 1. Formerly RCW 28A.08.005, 46.81.005.]
Severability—1977 c 76: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 76 § 5.]
28A.220.020 Definitions. The following words and
phrases whenever used in chapter 28A.220 RCW shall have
the following meaning:
(1) "Superintendent" or "state superintendent" shall
mean the superintendent of public instruction.
(2) "Traffic safety education course" shall mean an
accredited course of instruction in traffic safety education
which shall consist of two phases, classroom instruction, and
laboratory experience. "Laboratory experience" shall include
on-street, driving range, or simulator experience or some
combination thereof. Each phase shall meet basic course requirements which shall be established by the superintendent
of public instruction and each part of said course shall be
taught by a qualified teacher of traffic safety education. Any
portions of the course may be taught after regular school
hours or on Saturdays as well as on regular school days or
as a summer school course, at the option of the local school
districts.
(3) "Qualified teacher of traffic safety education" shall
mean an instructor certificated under the provisions of
chapter 28A.410 RCW and certificated by the superintendent
of public instruction to teach either the classroom phase or
the laboratory phase of the traffic safety education course, or
both, under regulations promulgated by the superintendent:
PROVIDED, That the laboratory experience phase of the
traffic safety education course may be taught by instructors
certificated under rules promulgated by the superintendent of
public instruction, exclusive of any requirement that the
instructor be certificated under the provisions of chapter
28A.410 RCW. Professional instructors certificated under
the provisions of chapter 46.82 RCW, and participating in
this program, shall be subject to reasonable qualification
[Title 28A RCW—page 49]
28A.220.020
Title 28A RCW: Common School Provisions
requirements jointly adopted by the superintendent of public
instruction and the director of licensing.
(4) "Realistic level of effort" means the classroom and
laboratory student learning experiences considered acceptable
to the superintendent of public instruction that must be
satisfactorily accomplished by the student in order to
successfully complete the traffic safety education course.
[1990 c 33 § 218; 1979 c 158 § 195; 1977 c 76 § 2; 1969
ex.s. c 218 § 1; 1963 c 39 § 2. Formerly RCW 28A.08.010,
46.81.010.]
Severability—1977 c 76: See note following RCW 28A.220.010.
28A.220.030 Administration of program—Powers
and duties of school officials. (1) The superintendent of
public instruction is authorized to establish a section of
traffic safety education, and through such section shall:
Define a "realistic level of effort" required to provide an
effective traffic safety education course, establish a level of
driving competency required of each student to successfully
complete the course, and ensure that an effective statewide
program is implemented and sustained, administer, supervise,
and develop the traffic safety education program and shall
assist local school districts in the conduct of their traffic
safety education programs. The superintendent shall adopt
necessary rules and regulations governing the operation and
scope of the traffic safety education program; and each
school district shall submit a report to the superintendent on
the condition of its traffic safety education program:
PROVIDED, That the superintendent shall monitor the
quality of the program and carry out the purposes of this
chapter.
(2) The board of directors of any school district maintaining a secondary school which includes any of the grades
10 to 12, inclusive, may establish and maintain a traffic
safety education course. If a school district elects to offer a
traffic safety education course and has within its boundaries
a private accredited secondary school which includes any of
the grades 10 to 12, inclusive, at least one class in traffic
safety education shall be given at times other than regular
school hours if there is sufficient demand therefor.
(3) The board of directors of a school district, or
combination of school districts, may contract with any
drivers’ school licensed under the provisions of chapter
46.82 RCW to teach the laboratory phase of the traffic safety
education course. Instructors provided by any such contracting drivers’ school must be properly qualified teachers of
traffic safety education under the joint qualification requirements adopted by the superintendent of public instruction
and the director of licensing.
(4) The superintendent shall establish a required
minimum number of hours of continuing traffic safety
education for traffic safety education instructors. The superintendent may phase in the requirement over not more than
five years. [2000 c 115 § 9; 1979 c 158 § 196; 1977 c 76
§ 3; 1969 ex.s. c 218 § 2; 1963 c 39 § 3. Formerly RCW
28A.08.020, 46.81.020.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Severability—1977 c 76: See note following RCW 28A.220.010.
[Title 28A RCW—page 50]
28A.220.040 Fiscal support—Reimbursement to
school districts—Enrollment fees—Deposit. (1) Each
school district shall be reimbursed from funds appropriated
for traffic safety education.
(a) The state superintendent shall determine the perpupil reimbursement amount for the traffic safety education
course to be funded by the state. Each school district
offering an approved standard traffic safety education course
shall be reimbursed or granted an amount up to the level
established by the superintendent of public instruction as
may be appropriated.
(b) The state superintendent may provide per-pupil
reimbursements to school districts only where all the traffic
educators have satisfied the continuing education requirement
of RCW 28A.220.030(4).
(2) The board of directors of any school district or
combination of school districts may establish a traffic safety
education fee, which fee when imposed shall be required to
be paid by any duly enrolled student in any such school
district prior to or while enrolled in a traffic safety education
course. Traffic safety education fees collected by a school
district shall be deposited with the county treasurer to the
credit of such school district, to be used to pay costs of the
traffic safety education course. [2000 c 115 § 10; 1984 c
258 § 331; 1977 c 76 § 4; 1969 ex.s. c 218 § 6; 1967 ex.s.
c 147 § 5; 1963 c 39 § 8. Formerly RCW 28A.08.070,
46.81.070.]
Finding—2000 c 115: See note following RCW 46.20.075.
Effective date—2000 c 115 §§ 1-10: See note following RCW
46.20.075.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—1977 c 76: See note following RCW 28A.220.010.
Traffic safety commission: Chapter 43.59 RCW.
28A.220.050 Information on proper use of left-hand
lane. The superintendent of public instruction shall include
information on the proper use of the left-hand lane on
multilane highways in instructional material used in traffic
safety education courses. [1986 c 93 § 4. Formerly RCW
28A.08.080.]
Keep right except when passing, etc: RCW 46.61.100.
28A.220.060 Information on effects of alcohol and
drug use. The superintendent of public instruction shall
include information on the effects of alcohol and drug use on
motor vehicle operators, including information on drug and
alcohol related traffic injury and mortality rates in the state
of Washington, and current penalties for driving under the
influence of drugs or alcohol in instructional material used
in traffic safety education courses. [1991 c 217 § 2.]
28A.220.070 Rules. The superintendent of public
instruction, in consultation with the department of licensing,
shall adopt rules for implementing RCW 46.20.075(1)(d).
[2000 c 115 § 11.]
Sunset Act application: See note following RCW 46.20.075.
Finding—2000 c 115: See note following RCW 46.20.075.
(2002 Ed.)
Traffic Safety
28A.220.900 Purpose. It is the purpose of this act to
provide the financial assistance necessary to enable each
high school district to offer a course in traffic safety education and by that means to develop in the youth of this state
a knowledge of the motor vehicle laws, an acceptance of
personal responsibility on the public highways, and an
understanding of the causes and consequences of traffic
accidents, with an emphasis on the consequences, both
physical and legal, of the use of drugs or alcohol in relation
to operating a motor vehicle. The course in traffic safety
education shall further provide to the youthful drivers of this
state training in the skills necessary for the safe operation of
motor vehicles. [1991 c 217 § 1; 1969 ex.s. c 218 § 7; 1963
c 39 § 1. Formerly RCW 28A.08.900, 46.81.900.]
28A.225.310
28A.225.330
28A.220.900
Attendance in school district of choice—Impact on
existing cooperative arrangements.
Enrolling students from other districts—Requests for
information and permanent records—Withheld
transcripts, effect—Immunity from liability—
Notification to teachers and security personnel—
Rules.
28A.225.005 Compulsory education, requirements—
Informing students and parents annually. Each school
within a school district shall inform the students and the
parents of the students enrolled in the school about the
compulsory education requirements under this chapter. The
school shall distribute the information at least annually.
[1992 c 205 § 201.]
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Chapter 28A.225
COMPULSORY SCHOOL ATTENDANCE
AND ADMISSION
Sections
28A.225.005
28A.225.010
28A.225.015
28A.225.020
28A.225.025
28A.225.030
28A.225.031
28A.225.035
28A.225.055
28A.225.060
28A.225.080
28A.225.090
28A.225.095
28A.225.110
28A.225.115
28A.225.140
28A.225.151
28A.225.160
28A.225.170
28A.225.200
28A.225.210
28A.225.215
28A.225.220
28A.225.225
28A.225.230
28A.225.240
28A.225.250
28A.225.260
28A.225.270
28A.225.280
28A.225.290
28A.225.300
(2002 Ed.)
Compulsory education, requirements—Informing students and parents annually.
Attendance mandatory—Age—Exceptions.
Attendance mandatory—Six or seven year olds—
Unexcused absences—Petition.
School’s duties upon child’s failure to attend school.
Community truancy boards.
Petition to juvenile court for violations by a parent or
child—School district responsibilities.
Alcohol or controlled substances testing—Authority to
order.
Petition to juvenile court—Contents—Court action—
Referral to community truancy board—Transfer of
jurisdiction upon relocation.
Excused absences—Search and rescue activities.
Custody and disposition of child absent from school
without excuse.
Employment permits.
Court orders—Penalties—Parents’ defense.
Authority of court commissioners and family law
commissioners to hear cases under this chapter.
Fines applied to support of schools.
Educational services—Funding for children referred to
community truancy board.
Enforcing officers not personally liable for costs.
Reports.
Qualification for admission to district’s schools—Fees
for preadmission screening.
Children on United States reservations, admission to
schools—United States authorities to cooperate.
Education of pupils in another district—Limitation as
to state apportionment—Exemption.
Admission of district pupils tuition free.
Enrollment of children without legal residences.
Adults, children from other districts, agreements for
attending school—Tuition.
Applications from nonresident students or students
receiving home-based instruction to attend district
school—Acceptance and rejection standards—
Notification.
Appeal from certain decisions to deny student’s request to attend nonresident district—Procedure.
Apportionment credit.
Cooperative programs among school districts—Rules.
Reciprocity exchanges with other states.
Intradistrict enrollment options policies.
Transfer students’ eligibility for extracurricular activities.
Enrollment options information booklet.
Enrollment options information to parents.
28A.225.010 Attendance mandatory—Age—
Exceptions. (1) All parents in this state of any child eight
years of age and under eighteen years of age shall cause
such child to attend the public school of the district in which
the child resides and such child shall have the responsibility
to and therefore shall attend for the full time when such
school may be in session unless:
(a) The child is attending an approved private school for
the same time or is enrolled in an extension program as
provided in RCW 28A.195.010(4);
(b) The child is receiving home-based instruction as
provided in subsection (4) of this section;
(c) The child is attending an education center as
provided in chapter 28A.205 RCW;
(d) The school district superintendent of the district in
which the child resides shall have excused such child from
attendance because the child is physically or mentally unable
to attend school, is attending a residential school operated by
the department of social and health services, is incarcerated
in an adult correctional facility, or has been temporarily
excused upon the request of his or her parents for purposes
agreed upon by the school authorities and the parent:
PROVIDED, That such excused absences shall not be permitted if deemed to cause a serious adverse effect upon the
student’s educational progress: PROVIDED FURTHER,
That students excused for such temporary absences may be
claimed as full time equivalent students to the extent they
would otherwise have been so claimed for the purposes of
RCW 28A.150.250 and 28A.150.260 and shall not affect
school district compliance with the provisions of RCW
28A.150.220; or
(e) The child is sixteen years of age or older and:
(i) The child is regularly and lawfully employed and
either the parent agrees that the child should not be required
to attend school or the child is emancipated in accordance
with chapter 13.64 RCW;
(ii) The child has already met graduation requirements
in accordance with state board of education rules and
regulations; or
(iii) The child has received a certificate of educational
competence under rules and regulations established by the
state board of education under RCW 28A.305.190.
(2) A parent for the purpose of this chapter means a
parent, guardian, or person having legal custody of a child.
[Title 28A RCW—page 51]
28A.225.010
Title 28A RCW: Common School Provisions
(3) An approved private school for the purposes of this
chapter and chapter 28A.200 RCW shall be one approved
under regulations established by the state board of education
pursuant to RCW 28A.305.130.
(4) For the purposes of this chapter and chapter 28A.200
RCW, instruction shall be home-based if it consists of
planned and supervised instructional and related educational
activities, including a curriculum and instruction in the basic
skills of occupational education, science, mathematics, language, social studies, history, health, reading, writing,
spelling, and the development of an appreciation of art and
music, provided for a number of hours equivalent to the total
annual program hours per grade level established for approved private schools under RCW 28A.195.010 and
28A.195.040 and if such activities are:
(a) Provided by a parent who is instructing his or her
child only and are supervised by a certificated person. A
certificated person for purposes of this chapter and chapter
28A.200 RCW shall be a person certified under chapter
28A.410 RCW. For purposes of this section, "supervised by
a certificated person" means: The planning by the certificated person and the parent of objectives consistent with this
subsection; a minimum each month of an average of one
contact hour per week with the child being supervised by the
certificated person; and evaluation of such child’s progress
by the certificated person. The number of children supervised by the certificated person shall not exceed thirty for
purposes of this subsection; or
(b) Provided by a parent who is instructing his or her
child only and who has either earned forty-five college level
quarter credit hours or its equivalent in semester hours or has
completed a course in home-based instruction at a
postsecondary institution or a vocational-technical institute;
or
(c) Provided by a parent who is deemed sufficiently
qualified to provide home-based instruction by the superintendent of the local school district in which the child resides.
(5) The legislature recognizes that home-based instruction is less structured and more experiential than the instruction normally provided in a classroom setting. Therefore,
the provisions of subsection (4) of this section relating to the
nature and quantity of instructional and related educational
activities shall be liberally construed. [1998 c 244 § 14;
1996 c 134 § 1; 1990 c 33 § 219; 1986 c 132 § 1; 1985 c
441 § 1; 1980 c 59 § 1; 1979 ex.s. c 201 § 4; 1973 c 51 §
1; 1972 ex.s. c 10 § 2. Prior: 1971 ex.s. c 215 § 2; 1971
ex.s. c 51 § 1; 1969 ex.s. c 109 § 2; 1969 ex.s. c 223 §
28A.27.010; prior: 1909 p 364 § 1; RRS § 5072; prior:
1907 c 240 § 7; 1907 c 231 § 1; 1905 c 162 § 1; 1903 c 48
§ 1; 1901 c 177 § 11; 1899 c 140 § 1; 1897 c 118 § 71.
Formerly RCW 28A.27.010, 28.27.010.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
Severability—1985 c 441: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 441 § 6.]
Severability—1973 c 51: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 51 § 5.]
Private schools: RCW 28A.305.130(6), 28A.195.010 through 28A.195.050.
Work permits for minors required: RCW 49.12.123.
[Title 28A RCW—page 52]
28A.225.015 Attendance mandatory—Six or seven
year olds—Unexcused absences—Petition. (1) If a parent
enrolls a child who is six or seven years of age in a public
school, the child is required to attend and that parent has the
responsibility to ensure the child attends for the full time that
school is in session. An exception shall be made to this
requirement for children whose parents formally remove
them from enrollment if the child is less than eight years old
and a petition has not been filed against the parent under
subsection (3) of this section. The requirement to attend
school under this subsection does not apply to a child
enrolled in a public school part-time for the purpose of
receiving ancillary services. A child required to attend
school under this subsection may be temporarily excused
upon the request of his or her parent for purposes agreed
upon by the school district and parent.
(2) If a six or seven year-old child is required to attend
public school under subsection (1) of this section and that
child has unexcused absences, the public school in which the
child is enrolled shall:
(a) Inform the child’s custodial parent, parents, or
guardian by a notice in writing or by telephone whenever the
child has failed to attend school after one unexcused absence
within any month during the current school year;
(b) Request a conference or conferences with the
custodial parent, parents, or guardian and child at a time
reasonably convenient for all persons included for the
purpose of analyzing the causes of the child’s absences after
two unexcused absences within any month during the current
school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second
unexcused absence, then the school district may schedule this
conference on that day; and
(c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting
the child’s school program or school or course assignment,
providing more individualized or remedial instruction,
offering assistance in enrolling the child in available alternative schools or programs, or assisting the parent or child to
obtain supplementary services that may help eliminate or
ameliorate the cause or causes for the absence from school.
(3) If a child required to attend public school under
subsection (1) of this section has seven unexcused absences
in a month or ten unexcused absences in a school year, the
school district shall file a petition for civil action as provided
in RCW 28A.225.035 against the parent of the child.
(4) This section does not require a six or seven year old
child to enroll in a public or private school or to receive
home-based instruction. This section only applies to six or
seven year old children whose parents enroll them full time
in public school and do not formally remove them from
enrollment as provided in subsection (1) of this section.
[1999 c 319 § 6.]
28A.225.020 School’s duties upon child’s failure to
attend school. (1) If a child required to attend school under
RCW 28A.225.010 fails to attend school without valid
justification, the public school in which the child is enrolled
shall:
(a) Inform the child’s custodial parent, parents, or
guardian by a notice in writing or by telephone whenever the
(2002 Ed.)
Compulsory School Attendance and Admission
child has failed to attend school after one unexcused absence
within any month during the current school year. School
officials shall inform the parent of the potential consequences of additional unexcused absences;
(b) Schedule a conference or conferences with the
custodial parent, parents, or guardian and child at a time
reasonably convenient for all persons included for the
purpose of analyzing the causes of the child’s absences after
two unexcused absences within any month during the current
school year. If a regularly scheduled parent-teacher conference day is to take place within thirty days of the second
unexcused absence, then the school district may schedule this
conference on that day; and
(c) Take steps to eliminate or reduce the child’s absences. These steps shall include, where appropriate, adjusting
the child’s school program or school or course assignment,
providing more individualized or remedial instruction,
providing appropriate vocational courses or work experience,
referring the child to a community truancy board, if available, requiring the child to attend an alternative school or
program, or assisting the parent or child to obtain supplementary services that might eliminate or ameliorate the cause
or causes for the absence from school. If the child’s parent
does not attend the scheduled conference, the conference
may be conducted with the student and school official.
However, the parent shall be notified of the steps to be taken
to eliminate or reduce the child’s absence.
(2) For purposes of this chapter, an "unexcused absence"
means that a child:
(a) Has failed to attend the majority of hours or periods
in an average school day or has failed to comply with a
more restrictive school district policy; and
(b) Has failed to meet the school district’s policy for excused absences.
(3) If a child transfers from one school district to
another during the school year, the receiving school or
school district shall include the unexcused absences accumulated at the previous school or from the previous school district for purposes of this section, RCW 28A.225.030, and
28A.225.015. [1999 c 319 § 1; 1996 c 134 § 2; 1995 c 312
§ 67; 1992 c 205 § 202; 1986 c 132 § 2; 1979 ex.s. c 201 §
1. Formerly RCW 28A.27.020.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
28A.225.025 Community truancy boards. For
purposes of this chapter, "community truancy board" means
a board composed of members of the local community in
which the child attends school. Juvenile courts may establish and operate community truancy boards. If the juvenile
court and the school district agree, a school district may
establish and operate a community truancy board under the
jurisdiction of the juvenile court. Juvenile courts may create
a community truancy board or may use other entities that
exist or are created, such as diversion units. However, a
diversion unit or other existing entity must agree before it is
used as a truancy board. Duties of a community truancy
board shall include, but not be limited to, recommending
methods for improving school attendance such as assisting
the parent or the child to obtain supplementary services that
(2002 Ed.)
28A.225.020
might eliminate or ameliorate the causes for the absences or
suggesting to the school district that the child enroll in
another school, an alternative education program, an education center, a skill center, a dropout prevention program, or
another public or private educational program. [1999 c 319
§ 5; 1996 c 134 § 9; 1995 c 312 § 66.]
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.030 Petition to juvenile court for violations
by a parent or child—School district responsibilities. (1)
If a child is required to attend school under RCW
28A.225.010 and if the actions taken by a school district
under RCW 28A.225.020 are not successful in substantially
reducing an enrolled student’s absences from public school,
not later than the seventh unexcused absence by a child
within any month during the current school year or not later
than the tenth unexcused absence during the current school
year the school district shall file a petition and supporting
affidavit for a civil action with the juvenile court alleging a
violation of RCW 28A.225.010: (a) By the parent; (b) by
the child; or (c) by the parent and the child. Except as
provided in this subsection, no additional documents need be
filed with the petition.
(2) The district shall not later than the fifth unexcused
absence in a month:
(a) Enter into an agreement with a student and parent
that establishes school attendance requirements;
(b) Refer a student to a community truancy board, if
available, as defined in RCW 28A.225.025. The community
truancy board shall enter into an agreement with the student
and parent that establishes school attendance requirements
and take other appropriate actions to reduce the child’s
absences; or
(c) File a petition under subsection (1) of this section.
(3) The petition may be filed by a school district
employee who is not an attorney.
(4) If the school district fails to file a petition under this
section, the parent of a child with five or more unexcused
absences in any month during the current school year or
upon the tenth unexcused absence during the current school
year may file a petition with the juvenile court alleging a
violation of RCW 28A.225.010.
(5) Petitions filed under this section may be served by
certified mail, return receipt requested. If such service is
unsuccessful, or the return receipt is not signed by the
addressee, personal service is required. [1999 c 319 § 2;
1996 c 134 § 3; 1995 c 312 § 68; 1992 c 205 § 203; 1990
c 33 § 220; 1986 c 132 § 3; 1979 ex.s. c 201 § 2. Formerly
RCW 28A.27.022.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
28A.225.031 Alcohol or controlled substances
testing—Authority to order. The authority of a court to
issue an order for testing to determine whether the child has
consumed or used alcohol or controlled substances applies to
all persons subject to a petition under RCW 28A.225.030
regardless of whether the petition was filed before July 27,
1997. [1997 c 68 § 3.]
[Title 28A RCW—page 53]
28A.225.035
Title 28A RCW: Common School Provisions
28A.225.035 Petition to juvenile court—Contents—
Court action—Referral to community truancy board—
Transfer of jurisdiction upon relocation. (1) A petition
for a civil action under RCW 28A.225.030 or 28A.225.015
shall consist of a written notification to the court alleging
that:
(a) The child has unexcused absences during the current
school year;
(b) Actions taken by the school district have not been
successful in substantially reducing the child’s absences from
school; and
(c) Court intervention and supervision are necessary to
assist the school district or parent to reduce the child’s
absences from school.
(2) The petition shall set forth the name, date of birth,
school, address, gender, race, and ethnicity of the child and
the names and addresses of the child’s parents.
(3) The petition shall set forth facts that support the
allegations in this section and shall generally request relief
available under this chapter and provide information about
what the court might order under RCW 28A.225.090.
(4) When a petition is filed under RCW 28A.225.030 or
28A.225.015, the juvenile court shall schedule a hearing at
which the court shall consider the petition, or if the court
determines that a referral to an available community truancy
board would substantially reduce the child’s unexcused
absences, the court may refer the case to a community
truancy board under the jurisdiction of the juvenile court.
(5) If a referral is made to a community truancy board,
the truancy board must meet with the child, a parent, and the
school district representative and enter into an agreement
with the petitioner and respondent regarding expectations and
any actions necessary to address the child’s truancy within
thirty days of the referral. If the petition is based on RCW
28A.225.015, the child shall not be required to attend and
the agreement under this subsection shall be between the
truancy board, the school district, and the child’s parent.
The agreement shall be presented to the juvenile court for its
approval.
(6) The court shall approve the agreement by order or
schedule a hearing. The court may, if the school district and
community truancy board agree, permit the truancy board to
provide continued supervision over the student, or parent if
the petition is based on RCW 28A.225.015, and report on
compliance with the order.
(7) If the truancy board fails to reach an agreement, the
truancy board shall return the case to the juvenile court for
a hearing.
(8) Notwithstanding the provisions in subsection (4) of
this section, a hearing shall not be required if other actions
by the court would substantially reduce the child’s unexcused absences. When a juvenile court hearing is held, the
court shall:
(a) Separately notify the child, the parent of the child,
and the school district of the hearing;
(b) Notify the parent and the child of their rights to
present evidence at the hearing; and
(c) Notify the parent and the child of the options and
rights available under chapter 13.32A RCW.
(9) The court may require the attendance of the child if
eight years old or older, the parents, and the school district
at any hearing on a petition filed under RCW 28A.225.030.
[Title 28A RCW—page 54]
(10) A school district is responsible for determining who
shall represent the school district at hearings on a petition
filed under RCW 28A.225.030 or 28A.225.015.
(11) The court may permit the first hearing to be held
without requiring that either party be represented by legal
counsel, and to be held without a guardian ad litem for the
child under RCW 4.08.050. At the request of the school
district, the court shall permit a school district representative
who is not an attorney to represent the school district at any
future hearings.
(12) If the allegations in the petition are established by
a preponderance of the evidence, the court shall grant the
petition and enter an order assuming jurisdiction to intervene
for the period of time determined by the court, after considering the facts alleged in the petition and the circumstances
of the juvenile, to most likely cause the juvenile to return to
and remain in school while the juvenile is subject to this
chapter. In no case may the order expire before the end of
the school year in which it is entered.
(13) If the court assumes jurisdiction, the school district
shall regularly report to the court any additional unexcused
absences by the child.
(14) Community truancy boards and the courts shall
coordinate, to the extent possible, proceedings and actions
pertaining to children who are subject to truancy petitions
and at-risk youth petitions in RCW 13.32A.191 or child in
need of services petitions in RCW 13.32A.140.
(15) If after a juvenile court assumes jurisdiction in one
county the child relocates to another county, the juvenile
court in the receiving county shall, upon the request of a
school district or parent, assume jurisdiction of the petition
filed in the previous county. [2001 c 162 § 1; 1999 c 319
§ 3; 1997 c 68 § 1. Prior: 1996 c 134 § 4; 1996 c 133 §
31; 1995 c 312 § 69.]
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.055 Excused absences—Search and rescue
activities. The legislature finds that state-recognized search
and rescue activities, as defined in chapter 38.52 RCW and
the rules interpreting the chapter, are recognized as activities
deserving of excuse from school. Therefore, the legislature
strongly encourages that excused absences be granted to
students for up to five days each year to participate in search
and rescue activities, subject to approval by the student’s
parent and the principal of the student’s school, and provided
that the activities do not cause a serious adverse effect upon
the student’s educational progress. [2002 c 214 § 1.]
28A.225.060 Custody and disposition of child absent
from school without excuse. Any school district official,
sheriff, deputy sheriff, marshal, police officer, or any other
officer authorized to make arrests, may take into custody
without a warrant a child who is required under the provisions of RCW 28A.225.010 through 28A.225.140 to attend
school and is absent from school without an approved
excuse, and shall deliver the child to: (1) The custody of a
person in parental relation to the child; (2) the school from
which the child is absent; or (3) a program designated by the
school district. [1995 c 312 § 73; 1990 c 33 s 223; 1979
(2002 Ed.)
Compulsory School Attendance and Admission
ex.s. c 201 s 5; 1977 ex.s. c 291 s 52; 1969 ex.s. c 223 s
28A.27.070. Prior: 1909 c 97 p 366 s 5; RRS s 5076;
prior: 1907 c 231 s 5; 1905 c 162 s 5. Formerly RCW
28A.27.070, 28.27.070.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—Severability—1977 ex.s. c 291: See notes
following RCW 13.04.005.
28A.225.080 Employment permits. Except as
otherwise provided in this code, no child under the age of
fifteen years shall be employed for any purpose by any person, company or corporation, in this state during the hours
which the public schools of the district in which such child
resides are in session, unless the said child shall present a
certificate from a school superintendent as provided for in
RCW 28A.225.010, excusing the said child from attendance
in the public schools and setting forth the reason for such
excuse, the residence and age of the child, and the time for
which such excuse is given. Every owner, superintendent,
or overseer of any establishment, company or corporation
shall keep such certificate on file so long as such child is
employed by him or her. The form of said certificate shall
be furnished by the superintendent of public instruction.
Proof that any child under fifteen years of age is employed
during any part of the period in which public schools of the
district are in session, shall be deemed prima facie evidence
of a violation of this section. [1990 c 33 § 225; 1969 ex.s.
c 223 § 28A.27.090. Prior: 1909 c 97 p 365 § 2; RRS §
5073; prior: 1907 c 231 § 2; 1905 c 162 § 2; 1903 c 48 §
2. Formerly RCW 28A.27.090, 28.27.090.]
28A.225.090 Court orders—Penalties—Parents’
defense. (1) A court may order a child subject to a petition
under RCW 28A.225.035 to do one or more of the following:
(a) Attend the child’s current school, and set forth
minimum attendance requirements, including suspensions;
(b) If there is space available and the program can
provide educational services appropriate for the child, order
the child to attend another public school, an alternative
education program, center, a skill center, dropout prevention
program, or another public educational program;
(c) Attend a private nonsectarian school or program
including an education center. Before ordering a child to
attend an approved or certified private nonsectarian school
or program, the court shall: (i) Consider the public and
private programs available; (ii) find that placement is in the
best interest of the child; and (iii) find that the private school
or program is willing to accept the child and will not charge
any fees in addition to those established by contract with the
student’s school district. If the court orders the child to
enroll in a private school or program, the child’s school
district shall contract with the school or program to provide
educational services for the child. The school district shall
not be required to contract for a weekly rate that exceeds the
state general apportionment dollars calculated on a weekly
basis generated by the child and received by the district. A
school district shall not be required to enter into a contract
that is longer than the remainder of the school year. A
school district shall not be required to enter into or continue
a contract if the child is no longer enrolled in the district;
(2002 Ed.)
28A.225.060
(d) Be referred to a community truancy board, if
available; or
(e) Submit to testing for the use of controlled substances
or alcohol based on a determination that such testing is
appropriate to the circumstances and behavior of the child
and will facilitate the child’s compliance with the mandatory
attendance law and, if any test ordered under this subsection
indicates the use of controlled substances or alcohol, order
the minor to abstain from the unlawful consumption of
controlled substances or alcohol and adhere to the recommendations of the drug assessment at no expense to the
school.
(2) If the child fails to comply with the court order, the
court may order the child to be subject to detention, as
provided in RCW 7.21.030(2)(e), or may impose alternatives
to detention such as community restitution. Failure by a
child to comply with an order issued under this subsection
shall not be subject to detention for a period greater than that
permitted pursuant to a civil contempt proceeding against a
child under chapter 13.32A RCW.
(3) Any parent violating any of the provisions of either
RCW 28A.225.010, 28A.225.015, or 28A.225.080 shall be
fined not more than twenty-five dollars for each day of
unexcused absence from school. It shall be a defense for a
parent charged with violating RCW 28A.225.010 to show
that he or she exercised reasonable diligence in attempting
to cause a child in his or her custody to attend school or that
the child’s school did not perform its duties as required in
RCW 28A.225.020. The court may order the parent to
provide community restitution instead of imposing a fine.
Any fine imposed pursuant to this section may be suspended
upon the condition that a parent charged with violating RCW
28A.225.010 shall participate with the school and the child
in a supervised plan for the child’s attendance at school or
upon condition that the parent attend a conference or
conferences scheduled by a school for the purpose of analyzing the causes of a child’s absence.
(4) If a child continues to be truant after entering into
a court-approved order with the truancy board under RCW
28A.225.035, the juvenile court shall find the child in
contempt, and the court may order the child to be subject to
detention, as provided in RCW 7.21.030(2)(e), or may
impose alternatives to detention such as meaningful community restitution. Failure by a child to comply with an order
issued under this subsection may not subject a child to
detention for a period greater than that permitted under a
civil contempt proceeding against a child under chapter
13.32A RCW.
(5) Subsections (1), (2), and (4) of this section shall not
apply to a six or seven year-old child required to attend
public school under RCW 28A.225.015. [2002 c 175 § 29.
Prior: 2000 c 162 § 15; 2000 c 162 § 6; 2000 c 61 § 1;
1999 c 319 § 4; 1998 c 296 § 39; 1997 c 68 § 2; prior:
1996 c 134 § 6; 1996 c 133 § 32; 1995 c 312 § 74; 1992 c
205 § 204; 1990 c 33 § 226; 1987 c 202 § 189; 1986 c 132
§ 5; 1979 ex.s. c 201 § 6; 1969 ex.s. c 223 § 28A.27.100;
prior: 1909 c 97 p 365 § 3; RRS § 5074; prior: 1907 c 231
§ 3; 1905 c 162 § 3. Formerly RCW 28A.27.100,
28.27.100.]
Effective date—2002 c 175: See note following RCW 7.80.130.
Effective date—2000 c 162 §§ 11-17: See note following RCW
13.32A.060.
[Title 28A RCW—page 55]
28A.225.090
Title 28A RCW: Common School Provisions
Findings—Intent—1998 c 296 §§ 36-39: See note following RCW
7.21.030.
Findings—Intent—Part headings not law—Short title—1998 c 296:
See notes following RCW 74.13.025.
Findings—Short title—Intent—Construction—1996 c 133: See
notes following RCW 13.32A.197.
Short title—1995 c 312: See note following RCW 13.32A.010.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
Intent—1987 c 202: See note following RCW 2.04.190.
28A.225.095 Authority of court commissioners and
family law commissioners to hear cases under this
chapter. In any judicial district having a court commissioner, the court commissioner shall have the power, authority,
and jurisdiction, concurrent with a juvenile court judge, to
hear all cases under RCW 28A.225.030, 28A.225.090, and
28A.225.035 and to enter judgment and make orders with
the same power, force, and effect as any judge of the
juvenile court, subject to motion or demand by any party
within ten days from the entry of the order or judgment by
the court commissioner as provided in RCW 2.24.050. In
any judicial district having a family law commissioner
appointed pursuant to chapter 26.12 RCW, the family law
commissioner shall have the power, authority, and jurisdiction, concurrent with a juvenile court judge, to hear cases
under RCW 28A.225.030, 28A.225.090, and 28A.225.035
and to enter judgment and make orders with the same power,
force, and effect as any judge of the juvenile court, subject
to motion or demand by any party within ten days from the
entry of the order or judgment by the court commissioner as
provided in RCW 2.24.050. [1995 c 312 § 71.]
Effective dates—1995 c 312 §§ 71 and 82: "(1) Section 71 of this
act shall take effect September 1, 1995.
(2) Section 82 of this act shall take effect September 1, 1996." [1995
c 312 § 85.]
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.110 Fines applied to support of schools.
Notwithstanding the provisions of RCW 10.82.070, fifty
percent of all fines except as otherwise provided in RCW
28A.225.010 through 28A.225.140 shall be applied to the
support of the public schools in the school district where
such offense was committed: PROVIDED, That all fees,
fines, forfeitures, and penalties collected or assessed by a
district court because of the violation of a state law shall be
remitted as provided in chapter 3.62 RCW, and fifty percent
shall be paid to the county treasurer who shall deposit such
amount to the credit of the courts in the county for the
exclusive purpose of enforcing the provisions of RCW
28A.225.010 through 28A.225.140. [1995 c 312 § 75; 1990
c 33 § 228; 1987 c 202 § 191; 1969 ex.s. c 199 § 54; 1969
ex.s. c 223 § 28A.27.104. Prior: 1909 c 97 p 368 § 11;
RRS § 5082; prior: 1907 c 231 § 12; 1905 c 162 § 11.
Formerly RCW 28A.27.104, 28.27.104, 28.27.100, part.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Intent—1987 c 202: See note following RCW 2.04.190.
28A.225.115 Educational services—Funding for
children referred to community truancy board. The
superintendent of public instruction, subject to available
funding, shall allocate funds to provide educational services
[Title 28A RCW—page 56]
for children who have been referred to a community truancy
board or to the courts under RCW 28A.225.030. The funds
shall be used on behalf of such children for enrollment in
skill centers, education centers, alternative programs, and in
other public or private educational programs. Decisions
regarding the expenditure of the funds shall be made by the
community truancy board or the courts, whichever is applicable. The amount of the assistance for each child shall be
determined in accordance with the omnibus appropriations
act. These funds shall be in excess of any other funds
provided through RCW 28A.150.260 as basic education and
other state, federal, or local sources. [1996 c 134 § 11.]
28A.225.140 Enforcing officers not personally liable
for costs. No officer performing any duty under any of the
provisions of RCW 28A.225.010 through 28A.225.140, or
under the provisions of any rules that may be passed in
pursuance hereof, shall in any wise become liable for any
costs that may accrue in the performance of any duty
prescribed by RCW 28A.225.010 through 28A.225.140.
[1990 c 33 § 231; 1969 ex.s. c 223 § 28A.27.130. Prior:
1909 c 97 p 368 § 12; RRS § 5083; prior: 1907 c 231 § 13;
1905 c 162 § 12. Formerly RCW 28A.27.130, 28.27.130.]
28A.225.151 Reports. (1) As required under subsection (2) of this section, each school shall document the
actions taken under RCW 28A.225.030 and report this
information to the school district superintendent who shall
compile the data for all the schools in the district and
prepare an annual school district report for each school year
and submit the report to the superintendent of public
instruction. The reports shall be made upon forms furnished
by the superintendent of public instruction and shall be
transmitted as determined by the superintendent of public
instruction.
(2) The reports under subsection (1) of this section shall
include:
(a) The number of enrolled students and the number of
unexcused absences;
(b) Documentation of the steps taken by the school
district under each subsection of RCW 28A.225.020 at the
request of the superintendent of public instruction. Each
year, by May 1st, the superintendent of public instruction
shall select ten school districts to submit the report at the
end of the following school year. The ten districts shall
represent different areas of the state and be of varied sizes.
In addition, the superintendent of public instruction shall
require any district that fails to keep appropriate records to
submit a full report to the superintendent of public instruction under this subsection. All school districts shall document steps taken under RCW 28A.225.020 in each student’s
record, and make those records available upon request
consistent with the laws governing student records;
(c) The number of enrolled students with ten or more
unexcused absences in a school year or five or more unexcused absences in a month during a school year;
(d) A description of any programs or schools developed
to serve students who have had five or more unexcused
absences in a month or ten in a year including information
about the number of students in the program or school and
the number of unexcused absences of students during and
(2002 Ed.)
Compulsory School Attendance and Admission
after participation in the program. The school district shall
also describe any placements in an approved private nonsectarian school or program or certified program under a court
order under RCW 28A.225.090; and
(e) The number of petitions filed by a school district
with the juvenile court.
(3) A report required under this section shall not
disclose the name or other identification of a child or parent.
(4) The superintendent of public instruction shall collect
these reports from all school districts and prepare an annual
report for each school year to be submitted to the legislature
no later than December 15th of each year. [1996 c 134 § 5;
1995 c 312 § 72.]
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.225.160 Qualification for admission to district’s
schools—Fees for preadmission screening. Except as
otherwise provided by law, it is the general policy of the
state that the common schools shall be open to the admission
of all persons who are five years of age and less than
twenty-one years residing in that school district. Except as
otherwise provided by law or rules adopted by the state
board of education, districts may establish uniform entry
qualifications, including but not limited to birth date requirements, for admission to kindergarten and first grade programs of the common schools. Such rules may provide for
exceptions based upon the ability, or the need, or both, of an
individual student. For the purpose of complying with any
rule adopted by the state board of education which authorizes a preadmission screening process as a prerequisite to
granting exceptions to the uniform entry qualifications, a
school district may collect fees to cover expenses incurred in
the administration of any preadmission screening process:
PROVIDED, That in so establishing such fee or fees, the
district shall adopt regulations for waiving and reducing such
fees in the cases of those persons whose families, by reason
of their low income, would have difficulty in paying the entire amount of such fees. [1999 c 348 § 5; 1986 c 166 § 1;
1979 ex.s. c 250 § 4; 1977 ex.s. c 359 § 14; 1969 ex.s. c
223 § 28A.58.190. Prior: 1909 c 97 p 261 § 1, part; RRS
§ 4680, part; prior: 1897 c 118 § 64, part; 1890 p 371 § 44,
part. Formerly RCW 28A.58.190, 28.58.190 part,
28.01.060.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
Effective date—Severability—1977 ex.s. c 359: See notes following
RCW 28A.150.200.
Basic Education Act, RCW 28A.225.160 as part of: RCW 28A.150.200.
28A.225.170 Children on United States reservations,
admission to schools—United States authorities to
cooperate. Any child who is of school age and otherwise
eligible residing within the boundaries of any military, naval,
lighthouse, or other United States reservation, national park
or national forest or residing upon rented or leased undeeded
lands within any Indian reservation within the state of
Washington, shall be admitted to the public school, or
schools, of any contiguous district without payment of
tuition: PROVIDED, That the United States authorities in
charge of such reservation or park shall cooperate fully with
(2002 Ed.)
28A.225.151
state, county, and school district authorities in the enforcement of the laws of this state relating to the compulsory
attendance of children of school age, and all laws relating to
and regulating school attendance. [1969 ex.s. c 223 §
28A.58.210. Prior: 1945 c 141 § 10; 1933 c 28 § 10; 1925
ex.s. c 93 § 1; Rem. Supp. 1945 § 4680-1. Formerly RCW
28A.58.210, 28.58.210, 28.27.140.]
28A.225.200 Education of pupils in another district—Limitation as to state apportionment—Exemption.
(1) A local district may be authorized by the educational
service district superintendent to transport and educate its
pupils in other districts for one year, either by payment of a
compensation agreed upon by such school districts, or under
other terms mutually satisfactory to the districts concerned
when this will afford better educational facilities for the
pupils and when a saving may be effected in the cost of
education: PROVIDED, That notwithstanding any other
provision of law, the amount to be paid by the state to the
resident school district for apportionment purposes and
otherwise payable pursuant to RCW 28A.150.100,
28A.150.250 through 28A.150.290, 28A.150.350 through
28A.150.410, 28A.160.150 through 28A.160.200,
*28A.160.220, 28A.300.170, and 28A.500.010 shall not be
greater than the regular apportionment for each high school
student of the receiving district. Such authorization may be
extended for an additional year at the discretion of the
educational service district superintendent.
(2) Subsection (1) of this section shall not apply to districts participating in a cooperative project established under
RCW 28A.340.030 which exceeds two years in duration.
[1990 c 33 § 234; 1988 c 268 § 6; 1979 ex.s. c 140 § 1;
1975 1st ex.s. c 275 § 111; 1969 ex.s. c 176 § 141; 1969
ex.s. c 223 § 28A.58.225. Prior: 1965 ex.s. c 154 § 10.
Formerly RCW 28A.58.225, 28.24.110.]
*Reviser’s note: RCW 28A.160.220 was recodified as RCW
28A.300.035 pursuant to 1994 c 113 § 2.
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Severability—1979 ex.s. c 140: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 140 § 4.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.225.210 Admission of district pupils tuition
free. Every school district shall admit on a tuition free basis
all persons of school age who reside within this state, and do
not reside within another school district carrying the grades
for which they are eligible to enroll: PROVIDED, That
nothing in this section shall be construed as affecting RCW
28A.225.220 or 28A.225.250. [1990 c 33 § 235; 1983 c 3
§ 37; 1969 c 130 § 9; 1969 ex.s. c 223 § 28A.58.230. Prior:
1917 c 21 § 9; RRS § 4718. Formerly RCW 28A.58.230,
28.58.230.]
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
Education of children with disabilities: RCW 28A.155.050.
28A.225.215 Enrollment of children without legal
residences. (1) A school district shall not require proof of
[Title 28A RCW—page 57]
28A.225.215
Title 28A RCW: Common School Provisions
residency or any other information regarding an address for
any child who is eligible by reason of age for the services of
the school district if the child does not have a legal residence.
(2) A school district shall enroll a child without a legal
residence under subsection (1) of this section at the request
of the child or parent or guardian of the child. [1989 c 118
§ 1. Formerly RCW 28A.58.235.]
28A.225.220 Adults, children from other districts,
agreements for attending school—Tuition. (1) Any board
of directors may make agreements with adults choosing to
attend school, and may charge the adults reasonable tuition.
(2) A district is strongly encouraged to honor the
request of a parent or guardian for his or her child to attend
a school in another district or the request of a parent or
guardian for his or her child to transfer as a student receiving home-based instruction.
(3) A district shall release a student to a nonresident
district that agrees to accept the student if:
(a) A financial, educational, safety, or health condition
affecting the student would likely be reasonably improved as
a result of the transfer; or
(b) Attendance at the school in the nonresident district
is more accessible to the parent’s place of work or to the
location of child care; or
(c) There is a special hardship or detrimental condition.
(4) A district may deny the request of a resident student
to transfer to a nonresident district if the release of the
student would adversely affect the district’s existing desegregation plan.
(5) For the purpose of helping a district assess the
quality of its education program, a resident school district
may request an optional exit interview or questionnaire with
the parents or guardians of a child transferring to another
district. No parent or guardian may be forced to attend such
an interview or complete the questionnaire.
(6) Beginning with the 1993-94 school year, school
districts may not charge transfer fees or tuition for nonresident students enrolled under subsection (3) of this section
and RCW 28A.225.225. Reimbursement of a high school
district for cost of educating high school pupils of a nonhigh
school district shall not be deemed a transfer fee as affecting
the apportionment of current state school funds. [1995 c 335
§ 602; 1995 c 52 § 2; 1993 c 336 § 1008; 1990 1st ex.s. c
9 § 201; 1969 c 130 § 10; 1969 ex.s. c 223 § 28A.58.240.
Prior: 1963 c 47 § 2; prior: 1921 c 44 § 1, part; 1899 c
142 § 8, part; RRS § 4780, part. Formerly RCW
28A.58.240, 28.58.240.]
Reviser’s note: This section was amended by 1995 c 52 § 2 and by
1995 c 335 § 602, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Finding—1990 1st ex.s. c 9: "The legislature finds that academic
achievement of Washington students can and should be improved. The
legislature further finds that student success depends, in large part, on
increased parental involvement in their children’s education.
[Title 28A RCW—page 58]
In order to take another step toward improving education in Washington, it is the purpose of this act to enhance the ability of parents to exercise
choice in where they prefer their children attend school; inform parents of
their options under local policies and state law for the intradistrict and
interdistrict enrollment of their children; and provide additional program
opportunities for secondary students." [1990 1st ex.s. c 9 § 101.]
Severability—1990 1st ex.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 1st ex.s. c 9 § 502.]
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
28A.225.225 Applications from nonresident students
or students receiving home-based instruction to attend
district school—Acceptance and rejection standards—
Notification. (1) All districts accepting applications from
nonresident students or from students receiving home-based
instruction for admission to the district’s schools shall
consider equally all applications received. Each school
district shall adopt a policy establishing rational, fair, and
equitable standards for acceptance and rejection of applications by June 30, 1990. The policy may include rejection of
a nonresident student if:
(a) Acceptance of a nonresident student would result in
the district experiencing a financial hardship;
(b) The student’s disciplinary records indicate a history
of convictions for offenses or crimes, violent or disruptive
behavior, or gang membership; or
(c) The student has been expelled or suspended from a
public school for more than ten consecutive days. Any
policy allowing for readmission of expelled or suspended
students under this subsection (1)(c) must apply uniformly to
both resident and nonresident applicants.
For purposes of subsection (1)(b) of this section, "gang"
means a group which: (i) Consists of three or more persons;
(ii) has identifiable leadership; and (iii) on an ongoing basis,
regularly conspires and acts in concert mainly for criminal
purposes.
(2) The district shall provide to applicants written
notification of the approval or denial of the application in a
timely manner. If the application is rejected, the notification
shall include the reason or reasons for denial and the right to
appeal under RCW 28A.225.230(3). [1999 c 198 § 2; 1997
c 265 § 3; 1995 c 52 § 3; 1994 c 293 § 1; 1990 1st ex.s. c
9 § 203.]
Severability—1997 c 265: See note following RCW 13.40.160.
Captions, headings not law—1990 1st ex.s. c 9: "Part headings and
section headings do not constitute any part of the law." [1990 1st ex.s. c
9 § 501.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.230 Appeal from certain decisions to deny
student’s request to attend nonresident district—
Procedure. (1) The decision of a school district within
which a student under the age of twenty-one years resides or
of a school district within which such a student under the
age of twenty-one years was last enrolled and is considered
to be a resident for attendance purposes by operation of law,
to deny such student’s request for release to a nonresident
school district pursuant to RCW 28A.225.220 may be
appealed to the superintendent of public instruction or his or
(2002 Ed.)
Compulsory School Attendance and Admission
her designee: PROVIDED, That the school district of
proposed transfer is willing to accept the student.
(2) The superintendent of public instruction or his or her
designee shall hear the appeal and examine the evidence.
The superintendent of public instruction may order the
resident district to release such a student who is under the
age of twenty-one years if the requirements of RCW
28A.225.220 have been met. The decision of the superintendent of public instruction may be appealed to superior court
pursuant to chapter 34.05 RCW, the administrative procedure
act, as now or hereafter amended.
(3) The decision of a school district to deny the request
for accepting the transfer of a nonresident student under
RCW 28A.225.225 may be appealed to the superintendent of
public instruction or his or her designee. The superintendent
or his or her designee shall hear the appeal and examine the
evidence. The superintendent of public instruction may
order the district to accept the nonresident student if the
district did not comply with the standards and procedures
adopted under RCW 28A.225.225. The decision of the
superintendent of public instruction may be appealed to the
superior court under chapter 34.05 RCW. [1990 1st ex.s. c
9 § 204; 1990 c 33 § 236; 1977 c 50 § 1; 1975 1st ex.s. c
66 § 1. Formerly RCW 28A.58.242.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
Severability—1975 1st ex.s. c 66: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1975 1st ex.s. c 66 § 4.]
Designation of high school district nonhigh district students shall attend—
Effect when attendance otherwise: RCW 28A.540.110.
28A.225.240 Apportionment credit. If a student
under the age of twenty-one years is allowed to enroll in any
common school outside the school district within which the
student resides or a school district of which the student is
considered to be a resident for attendance purposes by
operation of law, the student’s attendance shall be credited
to the nonresident school district of enrollment for state
apportionment and all other purposes. [1975 1st ex.s. c 66
§ 2. Formerly RCW 28A.58.243.]
Severability—1975 1st ex.s. c 66: See note following RCW
28A.225.230.
28A.225.250 Cooperative programs among school
districts—Rules. (1) The state superintendent of public
instruction is directed and authorized to develop and adopt
rules governing cooperative programs between and among
school districts and educational service districts that the
superintendent deems necessary to assure:
(a) Correct calculation of state apportionment payments;
(b) Proper budgeting and accounting for interdistrict
cooperative program revenues and expenditures;
(c) Reporting of student, personnel, and fiscal data to
meet state needs; and
(d) Protection of the right of residents of Washington
under twenty-one years of age to a tuition-free program of
basic education.
(2) Unless specifically authorized in law, interdistrict
cooperative programs shall not be designed to systematically
increase state allocation above amounts required if services
(2002 Ed.)
28A.225.230
were provided by the resident school district. [1995 c 335
§ 603; 1969 c 130 § 11. Formerly RCW 28A.58.243.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Education of children with disabilities: RCW 28A.155.040, 28A.155.050.
28A.225.260 Reciprocity exchanges with other
states. If the laws of another state permit its school districts
to extend similar privileges to pupils resident in this state,
the board of directors of any school district contiguous to a
school district in such other state may make agreements with
the officers of the school district of that state for the attendance of any pupils resident therein upon the payment of
tuition.
If a district accepts out-of-state pupils whose resident
district is contiguous to a Washington school district, such
district shall charge and collect the cost for educating such
pupils and shall not include such out-of-state pupils in the
computation of the district’s share of state and/or county
funds.
The board of directors of any school district which is
contiguous to a school district in another state may make
agreements for and pay tuition for any children of their
district desiring to attend school in the contiguous district of
the other state. The tuition to be paid for the attendance of
resident pupils in an out-of-state school as provided in this
section shall be no greater than the cost of educating such
elementary or secondary pupils, as the case may be, in the
out-of-state educating district. [1969 ex.s. c 223 §
28A.58.250. Prior: 1963 c 47 § 3; prior: 1921 c 44 § 1,
part; 1899 c 142 § 8, part; RRS § 4780, part. Formerly
RCW 28A.58.250, 28.58.250.]
Education of children with disabilities: RCW 28A.155.040.
28A.225.270 Intradistrict enrollment options
policies. Each school district in the state shall adopt and
implement a policy allowing intradistrict enrollment options
no later than June 30, 1990. Each district shall establish its
own policy establishing standards on how the intradistrict
enrollment options will be implemented. [1990 1st ex.s. c
9 § 205.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.280 Transfer students’ eligibility for
extracurricular activities. Eligibility of transfer students
under RCW 28A.225.220 and 28A.225.225 for participation
in extracurricular activities shall be subject to rules adopted
by the Washington interscholastic activities association as
authorized by the state board of education. [1990 1st ex.s.
c 9 § 206.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.290 Enrollment options information
booklet. (1) The superintendent of public instruction shall
prepare and annually distribute an information booklet
[Title 28A RCW—page 59]
28A.225.290
Title 28A RCW: Common School Provisions
outlining parents’ and guardians’ enrollment options for their
children.
(2) Before the 1991-92 school year, the booklet shall be
distributed to all school districts by the office of the superintendent of public instruction. School districts shall have a
copy of the information booklet available for public inspection at each school in the district, at the district office, and
in public libraries.
(3) The booklet shall include:
(a) Information about enrollment options and program
opportunities, including but not limited to programs in RCW
28A.225.220, 28A.185.040, 28A.225.200 through
28A.225.215, 28A.225.230 through 28A.225.250,
*28A.175.090, 28A.340.010 through 28A.340.070 (small
high school cooperative projects), and 28A.335.160.
(b) Information about the running start - community
college or vocational-technical institute choice program
under RCW 28A.600.300 through **28A.600.395; and
(c) Information about the seventh and eighth grade
choice program under RCW 28A.230.090. [1990 1st ex.s.
c 9 § 207.]
Reviser’s note: *(1) RCW 28A.175.090 expired December 31, 1994.
**(2) RCW 28A.600.395 was repealed by 1994 c 205 § 12.
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.300 Enrollment options information to
parents. Each school district board of directors annually
shall inform parents of the district’s intradistrict and interdistrict enrollment options and parental involvement opportunities. Information on intradistrict enrollment options and
interdistrict acceptance policies shall be provided to nonresidents on request. [1990 1st ex.s. c 9 § 208.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.310 Attendance in school district of
choice—Impact on existing cooperative arrangements.
Any school district board of directors may make arrangements with the board of directors of other districts for
children to attend the school district of choice. Nothing
under RCW 28A.225.220 and 28A.225.225 is intended to
adversely affect agreements between school districts in effect
on April 11, 1990. [1990 1st ex.s. c 9 § 209.]
Captions, headings not law—1990 1st ex.s. c 9: See note following
RCW 28A.225.225.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.225.330 Enrolling students from other districts—Requests for information and permanent records—Withheld transcripts, effect—Immunity from
liability—Notification to teachers and security personnel—Rules. (1) When enrolling a student who has attended
school in another school district, the school enrolling the
student may request the parent and the student to briefly
indicate in writing whether or not the student has:
[Title 28A RCW—page 60]
(a) Any history of placement in special educational
programs;
(b) Any past, current, or pending disciplinary action;
(c) Any history of violent behavior, or behavior listed in
RCW 13.04.155;
(d) Any unpaid fines or fees imposed by other schools;
and
(e) Any health conditions affecting the student’s
educational needs.
(2) The school enrolling the student shall request the
school the student previously attended to send the student’s
permanent record including records of disciplinary action,
history of violent behavior or behavior listed in RCW
13.04.155, attendance, immunization records, and academic
performance. If the student has not paid a fine or fee under
RCW 28A.635.060, or tuition, fees, or fines at approved
private schools the school may withhold the student’s official
transcript, but shall transmit information about the student’s
academic performance, special placement, immunization
records, records of disciplinary action, and history of violent
behavior or behavior listed in RCW 13.04.155. If the
official transcript is not sent due to unpaid tuition, fees, or
fines, the enrolling school shall notify both the student and
parent or guardian that the official transcript will not be sent
until the obligation is met, and failure to have an official
transcript may result in exclusion from extracurricular
activities or failure to graduate.
(3) If information is requested under subsection (2) of
this section, the information shall be transmitted within two
school days after receiving the request and the records shall
be sent as soon as possible. Any school district or district
employee who releases the information in compliance with
this section is immune from civil liability for damages unless
it is shown that the school district employee acted with gross
negligence or in bad faith. The state board of education
shall provide by rule for the discipline under chapter
28A.410 RCW of a school principal or other chief administrator of a public school building who fails to make a good
faith effort to assure compliance with this subsection.
(4) Any school district or district employee who releases
the information in compliance with federal and state law is
immune from civil liability for damages unless it is shown
that the school district or district employee acted with gross
negligence or in bad faith.
(5) When a school receives information under this
section or RCW 13.40.215 that a student has a history of
disciplinary actions, criminal or violent behavior, or other
behavior that indicates the student could be a threat to the
safety of educational staff or other students, the school shall
provide this information to the student’s teachers and
security personnel. [1999 c 198 § 3; 1997 c 266 § 4. Prior:
1995 c 324 § 2; 1995 c 311 § 25; 1994 c 304 § 2.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Effective date—1994 c 304: See note following RCW 28A.635.060.
(2002 Ed.)
Compulsory Course Work and Activities
Chapter 28A.230
COMPULSORY COURSE WORK AND ACTIVITIES
Sections
28A.230.010
Course content requirements—Duties of school district
boards of directors.
28A.230.020
Common school curriculum—Fundamentals in conduct.
28A.230.030
Students taught in English language—Exception.
28A.230.040
Physical education in grades one through eight.
28A.230.050
Physical education in high schools.
28A.230.060
Waiver of course of study in Washington’s history and
government.
28A.230.070
AIDS education in public schools—Limitations—
Program adoption—Model curricula—Student’s
exclusion from participation.
28A.230.080
Prevention of child abuse and neglect—Written policy—Participation in and establishment of programs.
28A.230.090
High school graduation requirements or equivalencies—Reevaluation and report by state board of
education—Credit for courses taken before attending high school—Postsecondary credit equivalencies.
28A.230.100
Rules implementing RCW 28A.230.090 to be adopted—Temporary exemptions—Special alterations—
Competency testing.
28A.230.120
High school diplomas—Issuance—Option to receive
final transcripts—Notice.
28A.230.130
Program to help students meet minimum entrance
requirements at baccalaureate-granting institutions—Exceptions.
28A.230.140
United States flag—Procurement, display, exercises—
National anthem.
28A.230.150
Temperance and Good Citizenship Day—Aids in programming.
28A.230.160
Educational activities in observance of Veterans’ Day.
28A.230.170
Study of constitutions compulsory—Rules to implement.
28A.230.180
Educational and career opportunities in the military,
student access to information on, when.
28A.230.190
Third grade achievement test.
28A.230.193
Sixth grade achievement test.
28A.230.195
Test or assessment scores—Adjustments to instructional practices—Notification to parents.
28A.230.230
Annual assessment of ninth grade students—Inventory
for high school and beyond for use by eighth
grade students.
28A.230.250
Coordination of procedures and content of assessments.
28A.230.260
Annual report to the legislature.
AIDS prevention education: Chapter 70.24 RCW.
28A.230.010 Course content requirements—Duties
of school district boards of directors. School district
boards of directors shall identify and offer courses with
content that meet or exceed: (1) The basic education skills
identified in RCW 28A.150.210; (2) the graduation requirements under RCW 28A.230.090; and (3) the courses required
to meet the minimum college entrance requirements under
RCW 28A.230.130. Such courses may be applied or
theoretical, academic or vocational. [1990 c 33 § 237; 1984
c 278 § 2. Formerly RCW 28A.05.005.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.230.020 Common school curriculum—
Fundamentals in conduct. All common schools shall give
instruction in reading, penmanship, orthography, written and
mental arithmetic, geography, the history of the United
States, English grammar, physiology and hygiene with
(2002 Ed.)
Chapter 28A.230
special reference to the effects of alcohol and drug abuse on
the human system, science with special reference to the
environment, and such other studies as may be prescribed by
rule or regulation of the state board of education. All
teachers shall stress the importance of the cultivation of
manners, the fundamental principles of honesty, honor,
industry and economy, the minimum requisites for good
health including the beneficial effect of physical exercise and
methods to prevent exposure to and transmission of sexually
transmitted diseases, and the worth of kindness to all living
creatures and the land. The prevention of child abuse may
be offered as part of the curriculum in the common schools.
[1991 c 116 § 6; 1988 c 206 § 403; 1987 c 232 § 1; 1986 c
149 § 4; 1969 c 71 § 3; 1969 ex.s. c 223 § 28A.05.010.
Prior: 1909 p 262 § 2; RRS § 4681; prior: 1897 c 118 §
65; 1895 c 5 § 1; 1890 p 372 § 45; 1886 p 19 § 52.
Formerly RCW 28A.05.010, 28.05.010, and 28.05.020.]
Effective date—1988 c 206 §§ 402, 403: See note following RCW
28A.230.070.
Severability—1988 c 206: See RCW 70.24.900.
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child
abuse and neglect prevention: RCW 28A.230.080.
28A.230.030 Students taught in English language—
Exception. All students in the common schools of the state
of Washington shall be taught in the English language:
PROVIDED, That nothing in this section shall preclude the
teaching of students in a language other than English when
such instruction will aid the educational advancement of the
student. [1969 c 71 § 4. Formerly RCW 28A.05.015.]
28A.230.040 Physical education in grades one
through eight. Every pupil attending grades one through
eight of the public schools shall receive instruction in physical education as prescribed by rule or regulation of the state
board of education: PROVIDED, That individual pupils or
students may be excused on account of physical disability,
religious belief or participation in directed athletics. [1984
c 52 § 1; 1969 ex.s. c 223 § 28A.05.030. Prior: 1919 c 89
§ 1; RRS § 4682. Formerly RCW 28A.05.030, 28.05.030.]
28A.230.050 Physical education in high schools. All
high schools of the state shall emphasize the work of
physical education, and carry into effect all physical education requirements established by rule or regulation of the
state board of education: PROVIDED, That individual
students may be excused from participating in physical
education otherwise required under this section on account
of physical disability, employment or religious belief, or
because of participation in directed athletics or military
science and tactics or for other good cause. [1985 c 384 §
3; 1984 c 52 § 2; 1969 ex.s. c 223 § 28A.05.040. Prior:
1963 c 235 § 1, part; prior: (i) 1923 c 78 § 1, part; 1919 c
89 § 2, part; RRS § 4683, part. (ii) 1919 c 89 § 5, part;
RRS § 4686, part. Formerly RCW 28A.05.040, 28.05.040,
part.]
28A.230.060 Waiver of course of study in
Washington’s history and government. Students in the
[Title 28A RCW—page 61]
28A.230.060
Title 28A RCW: Common School Provisions
twelfth grade who have not completed a course of study in
Washington’s history and state government because of
previous residence outside the state may have the requirement in RCW 28A.230.090 waived by their principal. [1991
c 116 § 7; 1969 ex.s. c 57 § 2; 1969 ex.s. c 223 §
28A.05.050. Prior: 1967 c 64 § 1, part; 1963 c 31 § 1,
part; 1961 c 47 § 2, part; 1941 c 203 § 1, part; Rem. Supp.
1941 § 4898-3, part. Formerly RCW 28A.05.050,
28.05.050.]
28A.230.070 AIDS education in public schools—
Limitations—Program adoption—Model curricula—
Student’s exclusion from participation. (1) The lifethreatening dangers of acquired immunodeficiency syndrome
(AIDS) and its prevention shall be taught in the public
schools of this state. AIDS prevention education shall be
limited to the discussion of the life-threatening dangers of
the disease, its spread, and prevention. Students shall
receive such education at least once each school year
beginning no later than the fifth grade.
(2) Each district board of directors shall adopt an AIDS
prevention education program which is developed in consultation with teachers, administrators, parents, and other
community members including, but not limited to, persons
from medical, public health, and mental health organizations
and agencies so long as the curricula and materials developed for use in the AIDS education program either (a) are
the model curricula and resources under subsection (3) of
this section, or (b) are developed by the school district and
approved for medical accuracy by the office on AIDS
established in RCW 70.24.250. If a district elects to use
curricula developed by the school district, the district shall
submit to the office on AIDS a copy of its curricula and an
affidavit of medical accuracy stating that the material in the
district-developed curricula has been compared to the model
curricula for medical accuracy and that in the opinion of the
district the district-developed materials are medically
accurate. Upon submission of the affidavit and curricula, the
district may use these materials until the approval procedure
to be conducted by the office of AIDS has been completed.
(3) Model curricula and other resources available from
the superintendent of public instruction may be reviewed by
the school district board of directors, in addition to materials
designed locally, in developing the district’s AIDS education
program. The model curricula shall be reviewed for medical
accuracy by the office on AIDS established in RCW
70.24.250 within the department of social and health
services.
(4) Each school district shall, at least one month before
teaching AIDS prevention education in any classroom,
conduct at least one presentation during weekend and
evening hours for the parents and guardians of students
concerning the curricula and materials that will be used for
such education. The parents and guardians shall be notified
by the school district of the presentation and that the curricula and materials are available for inspection. No student
may be required to participate in AIDS prevention education
if the student’s parent or guardian, having attended one of
the district presentations, objects in writing to the participation.
[Title 28A RCW—page 62]
(5) The office of the superintendent of public instruction
with the assistance of the office on AIDS shall update AIDS
education curriculum material as newly discovered medical
facts make it necessary.
(6) The curriculum for AIDS prevention education shall
be designed to teach students which behaviors place a person
dangerously at risk of infection with the human immunodeficiency virus (HIV) and methods to avoid such risk including,
at least:
(a) The dangers of drug abuse, especially that involving
the use of hypodermic needles; and
(b) The dangers of sexual intercourse, with or without
condoms.
(7) The program of AIDS prevention education shall
stress the life-threatening dangers of contracting AIDS and
shall stress that abstinence from sexual activity is the only
certain means for the prevention of the spread or contraction
of the AIDS virus through sexual contact. It shall also teach
that condoms and other artificial means of birth control are
not a certain means of preventing the spread of the AIDS
virus and reliance on condoms puts a person at risk for
exposure to the disease. [1994 c 245 § 7; 1988 c 206 § 402.
Formerly RCW 28A.05.055.]
Effective date—1988 c 206 §§ 402 and 403: "Sections 402 and 403
of this act shall take effect July 1, 1988." [1988 c 206 § 404.]
Severability—1988 c 206: See RCW 70.24.900.
28A.230.080 Prevention of child abuse and neglect—Written policy—Participation in and establishment
of programs. (1) Every school district board of directors
shall develop a written policy regarding the district’s role
and responsibility relating to the prevention of child abuse
and neglect.
(2) Every school district shall, within the resources
available to it: (a) Participate in the primary prevention
program established under RCW 28A.300.160; (b) develop
and implement its own child abuse and neglect education
and prevention program; or (c) continue with an existing
local child abuse and neglect education and prevention
program. [1990 c 33 § 238; 1987 c 489 § 6. Formerly
RCW 28A.58.255.]
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.230.090 High school graduation requirements
or equivalencies—Reevaluation and report by state board
of education—Credit for courses taken before attending
high school—Postsecondary credit equivalencies. (1) The
state board of education shall establish high school graduation requirements or equivalencies for students. Any course
in Washington state history and government used to fulfill
high school graduation requirements is encouraged to include
information on the culture, history, and government of the
American Indian peoples who were the first inhabitants of
the state.
(2) In recognition of the statutory authority of the state
board of education to establish and enforce minimum high
school graduation requirements, the state board shall periodically reevaluate the graduation requirements and shall report
such findings to the legislature in a timely manner as determined by the state board.
(2002 Ed.)
Compulsory Course Work and Activities
(3) Pursuant to any requirement for instruction in
languages other than English established by the state board
of education or a local school district, or both, for purposes
of high school graduation, students who receive instruction
in American sign language or one or more American Indian
languages shall be considered to have satisfied the state or
local school district graduation requirement for instruction in
one or more languages other than English.
(4) If requested by the student and his or her family, a
student who has completed high school courses before
attending high school shall be given high school credit which
shall be applied to fulfilling high school graduation requirements if:
(a) The course was taken with high school students, if
the academic level of the course exceeds the requirements
for seventh and eighth grade classes, and the student has
successfully passed by completing the same course requirements and examinations as the high school students enrolled
in the class; or
(b) The academic level of the course exceeds the
requirements for seventh and eighth grade classes and the
course would qualify for high school credit, because the
course is similar or equivalent to a course offered at a high
school in the district as determined by the school district
board of directors.
(5) Students who have taken and successfully completed
high school courses under the circumstances in subsection
(4) of this section shall not be required to take an additional
competency examination or perform any other additional
assignment to receive credit. Subsection (4) of this section
shall also apply to students enrolled in high school on April
11, 1990, who took the courses before attending high school.
(6) At the college or university level, five quarter or
three semester hours equals one high school credit. [1997 c
222 § 2; 1993 c 371 § 3. Prior: 1992 c 141 § 402; 1992 c
60 § 1; 1990 1st ex.s. c 9 § 301; 1988 c 172 § 1; 1985 c
384 § 2; 1984 c 278 § 6. Formerly RCW 28A.05.060.]
Intent—1997 c 222: "In 1994, the legislature directed the higher
education board and the state board of education to convene a task force to
examine and provide recommendations on establishing credit equivalencies.
In November 1994, the task force recommended unanimously that the state
board of education maintain the definition of five quarter or three semester
college credits as equivalent to one high school credit. Therefore, the
legislature intends to adopt the recommendations of the task force." [1997
c 222 § 1.]
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
Severability—1984 c 278: See note following RCW 28A.320.220.
28A.230.100 Rules implementing RCW 28A.230.090
to be adopted—Temporary exemptions—Special alterations—Competency testing. The state board of education
shall adopt rules pursuant to chapter 34.05 RCW, to implement the course requirements set forth in RCW
28A.230.090. The rules shall include, as the state board
deems necessary, granting equivalencies for and temporary
exemptions from the course requirements in RCW
28A.230.090 and special alterations of the course requirements in RCW 28A.230.090. In developing such rules the
state board shall recognize the relevance of vocational and
applied courses and allow such courses to fulfill in whole or
(2002 Ed.)
28A.230.090
in part the courses required for graduation in RCW
28A.230.090. The rules may include provisions for competency testing in lieu of such courses required for graduation
in RCW 28A.230.090 or demonstration of specific skill
proficiency or understanding of concepts through work or
experience. [1991 c 116 § 8; 1990 c 33 § 239; 1985 c 384
§ 1. Formerly RCW 28A.05.062.]
28A.230.120 High school diplomas—Issuance—
Option to receive final transcripts—Notice. (1) School
districts shall issue diplomas to students signifying graduation from high school upon the students’ satisfactory
completion of all local and state graduation requirements.
Districts shall grant students the option of receiving a final
transcript in addition to the regular diploma.
(2) School districts or schools of attendance shall establish policies and procedures to notify senior students of the
transcript option and shall direct students to indicate their
decisions in a timely manner. School districts shall make
appropriate provisions to assure that students who choose to
receive a copy of their final transcript shall receive such
transcript after graduation.
(3)(a) A school district may issue a high school diploma
to a person who:
(i) Is an honorably discharged member of the armed
forces of the United States;
(ii) Was scheduled to graduate from high school after
1940 and before 1951; and
(iii) Left high school before graduation to serve in
World War II.
(b) A school district may issue a diploma to or on
behalf of a person otherwise eligible under (a) of this
subsection notwithstanding the fact that the person holds a
high school equivalency certification or is deceased.
(c) The superintendent of public instruction shall adopt
a form for a diploma application to be used by a veteran or
a person acting on behalf of a deceased veteran under this
subsection (3). The superintendent of public instruction shall
specify what constitutes acceptable evidence of eligibility for
a diploma. [2002 c 35 § 1; 1984 c 178 § 2. Formerly RCW
28A.58.108.]
High school transcripts: RCW 28A.305.220.
28A.230.130 Program to help students meet minimum entrance requirements at baccalaureate-granting
institutions—Exceptions. (1) All public high schools of the
state shall provide a program, directly or in cooperation with
a community college or another school district, for students
whose educational plans include application for entrance to
a baccalaureate-granting institution after being granted a high
school diploma. The program shall help these students to
meet at least the minimum entrance requirements under
RCW 28B.10.050.
(2) The state board of education, upon request from
local school districts, may grant temporary exemptions from
the requirements to provide the program described in
subsection (1) of this section for reasons relating to school
district size and the availability of staff authorized to teach
subjects which must be provided. [1991 c 116 § 9; 1988 c
172 § 2; 1984 c 278 § 16. Formerly RCW 28A.05.070.]
[Title 28A RCW—page 63]
28A.230.130
Title 28A RCW: Common School Provisions
Effective date—1984 c 278: "Sections 16, 18, and 19 of this act shall
take effect July 1, 1986." [1984 c 278 § 23.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.230.140 United States flag—Procurement,
display, exercises—National anthem. The board of
directors of every school district shall cause a United States
flag being in good condition to be displayed during school
hours upon or near every public school plant, except during
inclement weather. They shall cause appropriate flag
exercises to be held in each classroom at the beginning of
the school day, and in every school at the opening of all
school assemblies, at which exercises those pupils so
desiring shall recite the following salute to the flag: "I
pledge allegiance to the flag of the United States of America
and to the republic for which it stands, one nation under
God, indivisible, with liberty and justice for all". Students
not reciting the pledge shall maintain a respectful silence.
The salute to the flag or the national anthem shall be rendered immediately preceding interschool events when
feasible. [1981 c 130 § 1; 1969 ex.s. c 223 § 28A.02.030.
Prior: (i) 1961 c 238 § 1; 1955 c 8 § 1; 1919 c 90 § 4;
1915 c 71 § 1; 1909 c 97 p 286 § 3; 1897 c 118 § 180; RRS
§ 4777. Formerly RCW 28.02.030. (ii) 1955 c 8 § 2; 1919
c 90 § 5; RRS § 4778. Formerly RCW 28A.02.030,
28.87.180.]
Display of national and state flags: RCW 1.20.015.
28A.230.150 Temperance and Good Citizenship
Day—Aids in programming. On January 16th of each year
or the preceding Friday when January 16th falls on a
nonschool day, there shall be observed within each public
school "Temperance and Good Citizenship Day". Annually
the state superintendent of public instruction shall duly
prepare and publish for circulation among the teachers of the
state a program for use on such day embodying topics
pertinent thereto and may from year to year designate
particular laws for special observance. [1969 ex.s. c 223 §
28A.02.090. Prior: (i) 1923 c 76 § 1; RRS § 4901-1. (ii)
1923 c 76 § 2; RRS § 4901-2. Formerly RCW 28A.02.090,
28.02.090, and 28.02.095.]
28A.230.160 Educational activities in observance of
Veterans’ Day. During the school week preceding the
eleventh day of November of each year, there shall be
presented in each common school as defined in RCW
28A.150.020 educational activities suitable to the observance
of Veterans’ Day.
The responsibility for the preparation and presentation
of the activities approximating at least sixty minutes total
throughout the week shall be with the principal or head
teacher of each school building and such program shall
embrace topics tending to instill a loyalty and devotion to
the institutions and laws of this state and nation.
The superintendent of public instruction and each
educational service district superintendent, by advice and
suggestion, shall aid in the preparation of these activities if
such aid be solicited. [1990 c 33 § 241; 1985 c 60 § 1;
1977 ex.s. c 120 § 2; 1975 1st ex.s. c 275 § 45; 1970 ex.s.
c 15 § 12. Prior: 1969 ex.s. c 283 § 24; 1969 ex.s. c 176
§ 101; 1969 ex.s. c 223 § 28A.02.070; prior: 1955 c 20 §
[Title 28A RCW—page 64]
3; prior: (i) 1939 c 21 § 1; 1921 c 56 § 1; RRS § 4899. (ii)
1921 c 56 § 2; RRS § 4900. (iii) 1921 c 56 § 3; RRS §
4901. Formerly RCW 28A.02.070, 28.02.070.]
Severability—1977 ex.s. c 120: See note following RCW 4.28.080.
Severability—1970 ex.s. c 15: "If any provision of this 1970
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1970 ex.s. c 15 § 32.]
Effective date—1970 ex.s. c 15 § 12: "Notwithstanding any other
provision of this 1970 amendatory act, the provisions of section 12 hereof
shall not take effect until January 1, 1971 and only if at such time or
thereafter chapter 223, Laws of 1969 ex. sess. is effective." [1970 ex.s. c
15 § 13.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.230.170 Study of constitutions compulsory—
Rules to implement. The study of the Constitution of the
United States and the Constitution of the state of Washington
shall be a condition prerequisite to graduation from the public and private high schools of this state. The state board of
education acting upon the advice of the superintendent of
public instruction shall provide by rule or regulation for the
implementation of this section. [1985 c 341 § 1; 1969 ex.s.
c 223 § 28A.02.080. Prior: (i) 1925 ex.s. c 134 § 1; RRS
§ 4898-1. (ii) 1925 ex.s. c 134 § 2; RRS § 4898-2. Formerly RCW 28A.02.080, 28.02.080, and 28.02.081.]
28A.230.180 Educational and career opportunities
in the military, student access to information on, when.
If the board of directors of a school district provides access
to the campus and the student information directory to persons or groups which make students aware of occupational
or educational options, the board shall provide access on the
same basis to official recruiting representatives of the
military forces of the state and the United States for the purpose of informing students of educational and career opportunities available in the military. [1980 c 96 § 1. Formerly
RCW 28A.58.535.]
28A.230.190 Third grade achievement test. (1)
School districts shall assess students for second grade
reading accuracy and fluency skills starting in the 1998-99
school year as provided in RCW 28A.300.320.
(2) The superintendent of public instruction shall
prepare and conduct, with the assistance of school districts,
a norm-referenced standardized achievement test to be given
annually to all pupils in grade three. The test shall assess
students’ basic skills in reading and mathematics. Results of
such tests and relevant student, school, and district characteristics shall be compiled annually by the superintendent of
public instruction, who shall make those results available
annually to the public, to the legislature, to all local school
districts, and subsequently to parents of those children tested.
The results shall allow parents to ascertain the achievement
levels of their children as compared with the other students
within the district, the state, and the nation. [1999 c 373 §
201; 1998 c 319 § 202; 1997 c 262 § 5; 1990 c 101 § 6;
1985 c 403 § 1; 1984 c 278 § 8; 1975-’76 2nd ex.s. c 98 §
1. Formerly RCW 28A.03.360.]
(2002 Ed.)
Compulsory Course Work and Activities
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Part headings not law—1998 c 319: See note following RCW
28A.300.320.
Intent—1997 c 262: See note following RCW 28A.300.310.
Contingency—Effective date—1985 c 403: "If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by the legislature by July 1, 1987, the amendment to RCW 28A.03.360 by
section 1 of this act shall be null and void. This act shall be of no effect
until such specific funding is provided. If such funding is so provided, this
act shall take effect when the legislation providing the funding takes effect."
[1985 c 403 § 2.]
Reviser’s note: (1) 1985 ex.s. c 6 § 501 provides specific funding for
the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Severability—1984 c 278: See note following RCW 28A.185.010.
Implementation—Funding required—1984 c 278: "Implementation
of sections 5, 11, and 21 of this act and the amendment to RCW
28A.03.360 by section 8 of this act are each subject to funds being
appropriated or available for such purpose or purposes." [1984 c 278 § 22.]
Effective date—1975-’76 2nd ex.s. c 98: "This 1976 amendatory act
shall take effect on July 1, 1976." [1975-’76 2nd ex.s. c 98 § 3.]
28A.230.193 Sixth grade achievement test. The
superintendent of public instruction shall prepare and
conduct, with the assistance of school districts, a normreferenced standardized achievement test to be given annually to all pupils in grade six. The test shall assess students’
basic skills in reading/language arts and mathematics.
Results of such tests and relevant student, school, and district
characteristics shall be compiled by the superintendent of
public instruction, who shall make those results available
annually to the public, to the legislature, to all local school
districts, and subsequently to parents of those children tested.
The results shall allow parents to ascertain the achievement
levels of their children as compared with the other students
within the district, the state, and the nation. [1999 c 373 §
301.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
28A.230.195 Test or assessment scores—
Adjustments to instructional practices—Notification to
parents. (1) If students’ scores on the test or assessments
under RCW 28A.230.190, 28A.230.230, and *28A.630.885
indicate that students need help in identified areas, the school
district shall evaluate its instructional practices and make
appropriate adjustments.
(2) Each school district shall notify the parents of each
student of their child’s performance on the test and assessments conducted under this chapter. [1999 c 373 § 603;
1992 c 141 § 401.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
28A.230.230 Annual assessment of ninth grade
students—Inventory for high school and beyond for use
by eighth grade students. (1) The superintendent of public
instruction shall prepare and conduct, with the assistance of
school districts, an annual assessment of all students in the
(2002 Ed.)
28A.230.190
ninth grade. The purposes of the assessment are to assist
students, parents, and teachers in the planning and selection
of appropriate high school courses for students and to
provide information about students’ current academic
proficiencies both in the basic skills of reading/language arts
and mathematics, and in the reasoning and thinking skills
essential for successful entry into those courses required for
high school graduation. The assessment shall also include
the collection of information about students’ interests and
plans for high school and beyond and shall include the
collection of other related student and school information.
The superintendent of public instruction shall make the
results of the assessment and relevant student, school, and
district characteristics available annually to the public, to the
legislature, and to all school districts, which shall in turn
make them available to students, parents, and teachers in a
timely fashion.
(2) Upon request, the superintendent of public instruction shall make available to requesting school districts the
inventory used to collect information about students’
interests and plans for high school and beyond for use by
students in the eighth grade. To the extent funds are
appropriated, the superintendent shall provide the inventory,
tabulation services, and reporting at no cost or at reduced
cost to school districts. [1999 c 373 § 401; 1990 c 101 § 2.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
28A.230.250 Coordination of procedures and
content of assessments. The superintendent of public
instruction shall coordinate both the procedures and the
content of the tests and assessments required by the state to
maximize the value of the information provided to students
as they progress and to teachers and parents about students’
talents, interests, and academic needs or deficiencies so that
appropriate programs can be provided to enhance the
likelihood of students’ success both in school and beyond.
[1999 c 373 § 602; 1990 c 101 § 4.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
28A.230.260 Annual report to the legislature. The
superintendent of public instruction shall report annually to
the legislature on the results of the achievement levels of
students in grades eight and eleven. [1990 c 101 § 5.]
Chapter 28A.235
FOOD SERVICES
Sections
28A.235.010
28A.235.020
28A.235.030
28A.235.040
28A.235.050
28A.235.060
28A.235.070
28A.235.080
Superintendent of public instruction authorized to
receive and disburse federal funds.
Payment of costs—Federal food services revolving
fund—Disbursements.
Rules.
Acquisition authorized.
Contracts for—Other law applicable to.
Advancement of costs from revolving fund moneys—
Reimbursement by school district to include transaction expense.
Revolving fund created.
Revolving fund—Administration of fund—Use—
School district requisition as prerequisite.
[Title 28A RCW—page 65]
Chapter 28A.235
Title 28A RCW: Common School Provisions
28A.235.090
Revolving fund—Depositories for fund, bond or security for—Manner of payments from fund.
28A.235.100
Rules.
28A.235.110
Suspension of laws, rules, inconsistent herewith.
28A.235.120
Meal programs—Establishment and operation—
Personnel—Agreements.
28A.235.130
Milk for children at school expense.
28A.235.140
School breakfast programs.
28A.235.145
School breakfast and lunch programs—Use of state
funds.
28A.235.150
School breakfast and lunch programs—Grants to increase participation—Increased state support.
28A.235.155
Federal summer food service program—Administration
of funds—Grants.
Food donation and distribution—Liability: Chapter 69.80 RCW.
28A.235.010 Superintendent of public instruction
authorized to receive and disburse federal funds. The
superintendent of public instruction is hereby authorized to
receive and disburse federal funds made available by acts of
congress for the assistance of private nonprofit organizations
in providing food services to children and adults according
to the provisions of 20 U.S.C. Sec. 1751 et seq., the national
school lunch act as amended, and 20 U.S.C. Sec. 1771, et
seq., the child nutrition act of 1966, as amended. [1987 c
193 § 1. Formerly RCW 28A.29.010.]
28A.235.020 Payment of costs—Federal food
services revolving fund—Disbursements. All reasonably
ascertainable costs of performing the duties assumed and
performed under RCW 28A.235.010 through 28A.235.030
and 28A.235.140 by either the superintendent of public
instruction or another state or local governmental entity in
support of the superintendent of public instruction’s duties
under RCW 28A.235.010 through 28A.235.030 and
28A.235.140 shall be paid exclusively with federal funds
and, if any, private gifts and grants. The federal food
services revolving fund is hereby established in the custody
of the state treasurer. The office of the superintendent of
public instruction shall deposit in the fund federal funds
received under RCW 28A.235.010, recoveries of such funds,
and gifts or grants made to the revolving fund. Disbursements from the fund shall be on authorization of the superintendent of public instruction or the superintendent’s designee.
The fund is subject to the allotment procedure provided
under chapter 43.88 RCW, but no appropriation is required
for disbursements. The superintendent of public instruction
is authorized to expend from the federal food services
revolving fund such funds as are necessary to implement
RCW 28A.235.010 through 28A.235.030 and 28A.235.140.
[1990 c 33 § 242; 1987 c 193 § 2. Formerly RCW
28A.29.020.]
28A.235.030 Rules. The superintendent shall have the
power to promulgate such rules in accordance with chapter
34.05 RCW as are necessary to implement this chapter.
[1987 c 193 § 3. Formerly RCW 28A.29.030.]
28A.235.040 Acquisition authorized. Notwithstanding any other provision of law or chapter 39.32 RCW, the
state superintendent of public instruction is hereby authorized
to purchase, or otherwise acquire from the government of the
United States or any property or commodity disposal agency
[Title 28A RCW—page 66]
thereof, surplus or donated food commodities for the use by
any school district for their hot lunch program. [1969 ex.s.
c 223 § 28A.30.010. Prior: 1967 ex.s. c 92 § 1. Formerly
RCW 28A.30.010, 28.30.010.]
28A.235.050 Contracts for—Other law applicable
to. The state superintendent of public instruction is hereby
authorized to enter into any contract with the United States
of America, or any agency thereof, for the purchase of any
surplus or donated food commodities, without regard to the
provisions of any other law requiring the advertising, giving
notice, inviting or receiving bids, or which may require the
delivery of purchases before payment. [1969 ex.s. c 223 §
28A.30.020. Prior: 1967 ex.s. c 92 § 7. Formerly RCW
28A.30.020, 28.30.020.]
28A.235.060 Advancement of costs from revolving
fund moneys—Reimbursement by school district to
include transaction expense. In purchasing or otherwise
acquiring surplus or donated commodities on the requisition
of a school district the superintendent may advance the
purchase price and other cost of acquisition thereof from the
surplus and donated food commodities revolving fund and
the superintendent shall in due course bill the proper school
district for the amount paid by him or her for the commodities plus a reasonable amount to cover the expenses incurred
by the superintendent’s office in connection with the
transaction. All payments received for surplus or donated
commodities from school districts shall be deposited by the
superintendent in the surplus and donated food commodities
revolving fund. [1990 c 33 § 243; 1969 ex.s. c 223 §
28A.30.030. Prior: 1967 ex.s. c 92 § 4. Formerly RCW
28A.30.030, 28.30.030.]
28A.235.070 Revolving fund created. There is
created in the office of the state superintendent of public
instruction a revolving fund to be designated the surplus and
donated food commodities revolving fund. [1985 c 341 §
10; 1979 ex.s. c 20 § 1; 1969 ex.s. c 223 § 28A.30.040.
Prior: 1967 ex.s. c 92 § 2. Formerly RCW 28A.30.040,
28.30.040.]
28A.235.080 Revolving fund—Administration of
fund—Use—School district requisition as prerequisite.
The surplus and donated food commodities revolving fund
shall be administered by the state superintendent of public
instruction and be used solely for the purchase or other
acquisition, including transportation, storage and other cost,
of surplus or donable food commodities from the federal
government. The superintendent may purchase or otherwise
acquire such commodities only after requisition by a school
district requesting such commodities. [1969 ex.s. c 223 §
28A.30.050. Prior: 1967 ex.s. c 92 § 3. Formerly RCW
28A.30.050, 28.30.050.]
28A.235.090 Revolving fund—Depositories for fund,
bond or security for—Manner of payments from fund.
The surplus and donated food commodities revolving fund
shall be deposited by the superintendent in such banks as he
or she may select, but any such depository shall furnish a
surety bond executed by a surety company or companies
(2002 Ed.)
Food Services
authorized to do business in the state of Washington, or
collateral eligible as security for deposit of state funds, in at
least the full amount of the deposit in each depository bank.
Moneys shall be paid from the surplus and donated food
commodities revolving fund by voucher and check in such
form and in such manner as shall be prescribed by the
superintendent. [1990 c 33 § 244; 1969 ex.s. c 223 §
28A.30.060. Prior: 1967 ex.s. c 92 § 5. Formerly RCW
28A.30.060, 28.30.060.]
28A.235.100 Rules. The superintendent of public
instruction shall have power to adopt rules as may be
necessary to effectuate the purposes of this chapter. [1993
c 333 § 5; 1990 c 33 § 245; 1969 ex.s. c 223 § 28A.30.070.
Prior: 1967 ex.s. c 92 § 6. Formerly RCW 28A.30.070,
28.30.070.]
28A.235.110 Suspension of laws, rules, inconsistent
herewith. Any provision of law, or any resolution, rule or
regulation which is inconsistent with the provisions of RCW
28A.235.040 through 28A.235.110 is suspended to the extent
such provision is inconsistent herewith. [1990 c 33 § 246;
1969 ex.s. c 223 § 28A.30.080. Prior: 1967 ex.s. c 92 § 8.
Formerly RCW 28A.30.080, 28.30.080.]
28A.235.120 Meal programs—Establishment and
operation—Personnel—Agreements. The directors of any
school district may establish, equip and operate meal
programs in school buildings for pupils; certificated and
classified employees; volunteers; public agencies, political
subdivisions, or associations that serve public entities while
using school facilities; other local, state, or federal child
nutrition programs; and for school or employee functions:
PROVIDED, That the expenditures for food supplies shall
not exceed the estimated revenues from the sale of meals,
federal aid, Indian education fund lunch aid, or other anticipated revenue, including donations, to be received for that
purpose: PROVIDED FURTHER, That the directors of any
school district may provide for the use of kitchens and
lunchrooms or other facilities in school buildings to furnish
meals to elderly persons at cost as provided in RCW
28A.623.020: PROVIDED, FURTHER, That the directors
of any school district may provide for the use of kitchens
and lunchrooms or other facilities in school buildings to
furnish meals at cost as provided in RCW 28A.623.030 to
children who are participating in educational or training or
care programs or activities conducted by private, nonprofit
organizations and entities and to students who are attending
private elementary and secondary schools. Operation for the
purposes of this section shall include the employment and
discharge for sufficient cause of personnel necessary for
preparation of food or supervision of students during lunch
periods and fixing their compensation, payable from the
district general fund, or entering into agreement with a
private agency for the establishment, management and/or
operation of a food service program or any part thereof.
[2002 c 36 § 1; 1997 c 13 § 4; 1990 c 33 § 247; 1979 ex.s.
c 140 § 3; 1979 c 58 § 1; 1973 c 107 § 2; 1969 ex.s. c 223
§ 28A.58.136. Prior: (i) 1947 c 31 § 1; 1943 c 51 § 1;
1939 c 160 § 1; Rem. Supp. 1947 § 4706-1. Formerly RCW
(2002 Ed.)
28A.235.090
28A.58.136, 28.58.260. (ii) 1943 c 51 § 2; Rem. Supp. 1943
§ 4706-2. Formerly RCW 28.58.270.]
Severability—1979 ex.s. c 140: See note following RCW
28A.225.200.
Severability—1979 c 58: See note following RCW 28A.623.030.
Nonprofit meal program for elderly—Purpose: RCW 28A.623.010.
28A.235.130 Milk for children at school expense.
The board of directors of any school district may cause to be
furnished free of charge, in a suitable receptacle on each and
every school day to such children in attendance desiring or
in need of the same, not less than one-half pint of milk. The
cost of supplying such milk shall be paid for in the same
manner as other items of expense incurred in the conduct
and operation of said school, except that available federal or
state funds may be used therefor. [1969 ex.s. c 223 §
28A.31.020. Prior: 1935 c 15 § 1; 1923 c 152 § 1; 1921 c
190 § 1; RRS § 4806. Formerly RCW 28A.31.020,
28.31.020.]
Food services—Use of federal funds: Chapter 28A.235 RCW.
28A.235.140 School breakfast programs. (1) For the
purposes of this section:
(a) "Free or reduced-price lunches" means lunches
served by a school district that qualify for federal reimbursement as free or reduced-price lunches under the national
school lunch program.
(b) "School breakfast program" means a program
meeting federal requirements defined in 42 U.S.C. Sec.
1773.
(c) "Severe-need school" means a school that qualifies
for a severe-need school reimbursement rate from federal
funds for school breakfasts served to children from lowincome families.
(2) School districts shall be required to develop and
implement plans for a school breakfast program in severeneed schools, pursuant to the schedule in this section. For
the second year prior to the implementation of the district’s
school breakfast program, and for each subsequent school
year, each school district shall submit data enabling the
superintendent of public instruction to determine which
schools within the district will qualify as severe-need
schools. In developing its plan, each school district shall
consult with an advisory committee including school staff
and community members appointed by the board of directors
of the district.
(3) Using district-wide data on school lunch participation during the 1988-89 school year, the superintendent of
public instruction shall adopt a schedule for implementation
of school breakfast programs in severe-need schools as
follows:
(a) School districts where at least forty percent of
lunches served to students are free or reduced-price lunches
shall submit a plan for implementation of a school breakfast
program in severe-need schools to the superintendent of
public instruction no later than July 1, 1990. Each such
district shall implement a school breakfast program in all
severe-need schools no later than the second day of school
in the 1990-91 school year and in each school year thereafter.
[Title 28A RCW—page 67]
28A.235.140
Title 28A RCW: Common School Provisions
(b) School districts where at least twenty-five but less
than forty percent of lunches served to students are free or
reduced-price lunches shall submit a plan for implementation
of a school breakfast program in severe-need schools to the
superintendent of public instruction no later than July 1,
1991. Each such district shall implement a school breakfast
program in all severe-need schools no later than the second
day of school in the 1991-92 school year and in each school
year thereafter.
(c) School districts where less than twenty-five percent
of lunches served to students are free or reduced-price
lunches shall submit a plan for implementation of a school
breakfast program in severe-need schools to the superintendent of public instruction no later than July 1, 1992.
Each such district shall implement a school breakfast
program in all severe-need schools no later than the second
day of school in the 1992-93 school year and in each school
year thereafter.
(d) School districts that did not offer a school lunch
program in the 1988-89 school year are encouraged to
implement such a program and to provide a school breakfast
program in all severe-need schools when eligible.
(4) The requirements in this section shall lapse if the
federal reimbursement rate for breakfasts served in severeneed schools is eliminated.
(5) Students who do not meet family-income criteria for
free breakfasts shall be eligible to participate in the school
breakfast programs established under this section, and school
districts may charge for the breakfasts served to these
students. Requirements that school districts have school
breakfast programs under this section shall not create or
imply any state funding obligation for these costs. The
legislature does not intend to include these programs within
the state’s obligation for basic education funding under
Article IX of the Constitution. [1993 c 333 § 1; 1989 c 239
§ 2. Formerly RCW 28A.29.040.]
Study—1989 c 239: "The superintendent of public instruction shall
conduct a study of the costs and feasibility of expanding the school
breakfast program to include schools where more than twenty-five but less
than forty percent of lunches served are free or reduced-price lunches. The
study shall consider the total cost of the program, including but not limited
to food costs, staff salaries and benefits, and additional pupil transportation
costs. The superintendent of public instruction shall submit to the
legislature prior to January 15, 1992, a report on the results of this study,
including recommendations on whether to expand the school breakfast
program to include these schools." [1989 c 239 § 3.]
applicable federal funds before applying for funds under this
subsection.
(2) To the extent funds are appropriated, the superintendent of public instruction shall increase the state support for
school breakfasts and lunches. [1993 c 333 § 3.]
28A.235.155 Federal summer food service program—Administration of funds—Grants. (1) The
superintendent of public instruction shall administer funds
for the federal summer food service program.
(2) The superintendent of public instruction may award
grants, to the extent funds are appropriated, to eligible
organizations to help start new summer food service programs for children or to help expand summer food services
for children. [1993 c 333 § 4.]
Chapter 28A.300
SUPERINTENDENT OF PUBLIC INSTRUCTION
Sections
28A.300.010
28A.300.020
28A.300.030
28A.300.035
28A.300.040
28A.300.0451
28A.300.050
28A.300.060
28A.300.065
28A.300.070
28A.300.080
28A.300.090
28A.300.100
28A.300.115
28A.300.118
28A.300.120
28A.300.130
28A.235.145 School breakfast and lunch programs—Use of state funds. State funds received by school
districts under this chapter for school breakfast and lunch
programs shall be used to support the operating costs of the
program, including labor, unless specific appropriations for
nonoperating costs are provided. [1993 c 333 § 2.]
28A.235.150 School breakfast and lunch programs—Grants to increase participation—Increased state
support. (1) To the extent funds are appropriated, the
superintendent of public instruction may award grants to
school districts to increase participation in school breakfast
and lunch programs, to improve program quality, and to
improve the equipment and facilities used in the programs.
School districts shall demonstrate that they have applied for
[Title 28A RCW—page 68]
28A.300.135
28A.300.150
28A.300.160
28A.300.164
28A.300.170
28A.300.175
28A.300.190
Election—Term of office.
Assistant superintendents, deputy superintendent, assistants—Terms for exempt personnel.
Assistance of educational service district boards and
superintendents—Scope.
Assistance of certificated or classified employee—
Reimbursement for substitute.
Powers and duties.
Reimbursement for substitute if employee serves state
board or superintendent.
Assistance to state board for activities involving professional educator excellence.
Studies and adoption of classifications for school district budgets—Publication.
Classification and numbering system of school districts.
Receipt of federal funds for school purposes—
Superintendent of public instruction to administer.
Vocational agriculture education—Intent.
Vocational agriculture education—Service area established—Duties.
Vocational agriculture education—Superintendent to
adopt rules.
Holocaust instruction—Preparation and availability of
instructional materials.
College credit program information—Notification to
schools and parents.
Administrative hearing—Contract to conduct authorized—Final decision.
Center for the improvement of student learning—
Educational improvement and research—
Clearinghouse for academic achievement and
accountability commission and for information
regarding educational improvement and parental
involvement programs.
Center for the improvement of student learning account.
Information on child abuse and neglect prevention
curriculum—Superintendent’s duties.
Development of coordinated primary prevention program for child abuse and neglect—Office as lead
agency.
Energy information program.
State general fund—Estimates for state support to
public schools, from.
Recovery of payments to recipients of state money—
Basis—Resolution of audit findings—Rules.
Coordination of video telecommunications programming in schools.
(2002 Ed.)
Superintendent of Public Instruction
28A.300.220
Chapter 28A.300
Cooperation with work force training and education
coordinating board.
28A.300.230
Findings—Integration of vocational and academic
education.
28A.300.235
Development of model curriculum integrating vocational and academic education.
28A.300.240
International student exchange.
28A.300.250
Participation in federal nutrition programs—
Superintendent’s duties.
28A.300.270
Violence prevention training.
28A.300.275
Alternative school start-up grants—School safety
grants—Report to legislative committees.
28A.300.280
Conflict resolution program.
28A.300.285
Harassment, intimidation, and bullying prevention
policies—Model policy and training materials—
Posting on web site—Authority to update.
28A.300.290
Effective reading programs—Identification.
28A.300.295
Identified programs—Grants for in-service training and
instructional materials.
28A.300.300
Effective reading programs—Information—
Development and implementation of strategies.
28A.300.310
Second grade reading assessment—Selection of reading passages—Costs.
28A.300.320
Second grade reading assessment—Pilot projects—
Assessment selection—Assessment results.
28A.300.330
Primary grade reading grant program.
28A.300.340
Primary grade reading grant program—Timelines—
Rules.
28A.300.350
Excellence in mathematics training program.
28A.300.360
Grants for programs and services—Truant, at-risk, and
expelled students.
28A.300.370
World War II oral history project.
28A.300.380
Career and technical student organizations—Support
services.
28A.300.390
Washington civil liberties public education program—
Findings.
28A.300.395
Washington civil liberties public education program—
Intent.
28A.300.400
Washington civil liberties public education program—
Definition.
28A.300.405
Washington civil liberties public education program—
Created—Purpose.
28A.300.410
Washington civil liberties public education program—
Grants—Acceptance of gifts, grants, or endowments.
28A.300.412
Washington civil liberties public education program—
Report.
28A.300.415
Washington civil liberties public education program—
Short title.
28A.300.420
Student court programs.
28A.300.430
Collaboration with children’s system of care demonstration sites.
28A.300.800
Education of school-age children in short-term foster
care—Working group—Recommendations to legislature.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
Council for the prevention of child abuse and neglect, superintendent or
designee as member: RCW 43.121.020.
Driving instructor’s licensing, adoption by superintendent of rules: RCW
46.82.320.
Interagency agreement on fetal alcohol exposure programs: RCW
70.96A.510.
Occupational forecast—Agency consultation: RCW 50.38.030.
State investment board, appointment of member by superintendent: RCW
43.33A.020.
[1990 c 33 § 250; 1969 ex.s. c 223 § 28A.03.010. Prior:
1909 c 97 p 231 § 1; RRS § 4521; prior: 1897 c 118 § 20;
1891 c 127 § 1; 1890 p 348 § 3; Code 1881 § 3154; 1873
p 419 § 1; 1861 p 55 § 1. Formerly RCW 28A.03.010,
28.03.010, 43.11.010.]
28A.300.010 Election—Term of office. A superintendent of public instruction shall be elected by the qualified
electors of the state, on the first Tuesday after the first
Monday in November of the year in which state officers are
elected, and shall hold his or her office for the term of four
years, and until his or her successor is elected and qualified.
28A.300.035 Assistance of certificated or classified
employee—Reimbursement for substitute. If the superintendent of public instruction or the state board of education,
in carrying out their powers and duties under Title 28A
RCW, request the service of any certificated or classified
employee of a school district upon any committee formed for
(2002 Ed.)
28A.300.020 Assistant superintendents, deputy
superintendent, assistants—Terms for exempt personnel.
The superintendent of public instruction may appoint
assistant superintendents of public instruction, a deputy
superintendent of public instruction, and may employ such
other assistants and clerical help as are necessary to carry
out the duties of the superintendent and the state board of
education. However, the superintendent shall employ
without undue delay the executive director of the state board
of education and other state board of education office assistants and clerical help, appointed by the state board under
RCW 28A.305.110, whose positions are allotted and funded
in accordance with moneys appropriated exclusively for the
operation of the state board of education. The rate of
compensation and termination of any such executive director,
state board office assistants, and clerical help shall be subject
to the prior consent of the state board of education. The
assistant superintendents, deputy superintendent, and such
other officers and employees as are exempted from the
provisions of chapter 41.06 RCW, shall serve at the pleasure
of the superintendent or at the pleasure of the superintendent
and the state board of education as provided in this section.
Expenditures by the superintendent of public instruction for
direct and indirect support of the state board of education are
valid operational expenditures by and in behalf of the office
of the superintendent of public instruction. [1996 c 25 § 2;
1969 ex.s. c 223 § 28A.03.020. Prior: 1967 c 158 § 3;
1909 c 97 p 234 § 4; RRS § 4524; prior: 1905 c 56 § 1;
1903 c 104 § 10; 1897 c 118 § 23; 1890 p 351 § 5.
Formerly RCW 28A.03.020, 28.03.020, 43.11.020.]
28A.300.030 Assistance of educational service
district boards and superintendents—Scope. The superintendent of public instruction, by rule or regulation, may
require the assistance of educational service district boards
and/or superintendents in the performance of any duty,
authority, or power imposed upon or granted to the superintendent of public instruction by law or by the Constitution of
the state of Washington, upon such terms and conditions as
the superintendent of public instruction shall establish. Such
authority to assist the superintendent of public instruction
shall be limited to the service function of information
collection and dissemination and the attestment to the
accuracy and completeness of submitted information. [1975
1st ex.s. c 275 § 46; 1971 ex.s. c 282 § 29. Formerly RCW
28A.03.028.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
[Title 28A RCW—page 69]
28A.300.035
Title 28A RCW: Common School Provisions
the purpose of furthering education within the state, or
within any school district therein, and such service would
result in a need for a school district to employ a substitute
for such certificated or classified employee during such
service, payment for such a substitute may be made by the
superintendent of public instruction from funds appropriated
by the legislature for the current use of the common schools
and such payments shall be construed as amounts needed for
state support to the common schools under RCW
28A.150.380. If such substitute is paid by the superintendent
of public instruction, no deduction shall be made from the
salary of the certificated or classified employee. In no event
shall a school district deduct from the salary of a certificated
or classified employee serving on such committee more than
the amount paid the substitute employed by the district.
[1994 c 113 § 1; 1990 c 33 § 147; 1973 1st ex.s. c 3 § 1.
Formerly RCW 28A.160.220, 28A.41.180.]
28A.300.040 Powers and duties. In addition to any
other powers and duties as provided by law, the powers and
duties of the superintendent of public instruction shall be:
(1) To have supervision over all matters pertaining to
the public schools of the state;
(2) To report to the governor and the legislature such
information and data as may be required for the management
and improvement of the schools;
(3) To prepare and have printed such forms, registers,
courses of study, rules for the government of the common
schools, and such other material and books as may be
necessary for the discharge of the duties of teachers and
officials charged with the administration of the laws relating
to the common schools, and to distribute the same to
educational service district superintendents;
(4) To travel, without neglecting his or her other official
duties as superintendent of public instruction, for the purpose
of attending educational meetings or conventions, of visiting
schools, of consulting educational service district superintendents or other school officials;
(5) To prepare and from time to time to revise a manual
of the Washington state common school code, copies of
which shall be provided in such numbers as determined by
the superintendent of public instruction at no cost to those
public agencies within the common school system and which
shall be sold at approximate actual cost of publication and
distribution per volume to all other public and nonpublic
agencies or individuals, said manual to contain Titles 28A
and 28C RCW, rules related to the common schools, and
such other matter as the state superintendent or the state
board of education shall determine. Proceeds of the sale of
such code shall be transmitted to the public printer who shall
credit the state superintendent’s account within the state
printing plant revolving fund by a like amount;
(6) To act as ex officio member and the chief executive
officer of the state board of education;
(7) To file all papers, reports and public documents
transmitted to the superintendent by the school officials of
the several counties or districts of the state, each year
separately. Copies of all papers filed in the superintendent’s
office, and the superintendent’s official acts, may, or upon
request, shall be certified by the superintendent and attested
[Title 28A RCW—page 70]
by the superintendent’s official seal, and when so certified
shall be evidence of the papers or acts so certified to;
(8) To require annually, on or before the 15th day of
August, of the president, manager, or principal of every
educational institution in this state, a report as required by
the superintendent of public instruction; and it is the duty of
every president, manager or principal, to complete and return
such forms within such time as the superintendent of public
instruction shall direct;
(9) To keep in the superintendent’s office a record of all
teachers receiving certificates to teach in the common
schools of this state;
(10) To issue certificates as provided by law;
(11) To keep in the superintendent’s office at the capital
of the state, all books and papers pertaining to the business
of the superintendent’s office, and to keep and preserve in
the superintendent’s office a complete record of statistics, as
well as a record of the meetings of the state board of
education;
(12) With the assistance of the office of the attorney
general, to decide all points of law which may be submitted
to the superintendent in writing by any educational service
district superintendent, or that may be submitted to the
superintendent by any other person, upon appeal from the
decision of any educational service district superintendent;
and the superintendent shall publish his or her rulings and
decisions from time to time for the information of school
officials and teachers; and the superintendent’s decision shall
be final unless set aside by a court of competent jurisdiction;
(13) To administer oaths and affirmations in the
discharge of the superintendent’s official duties;
(14) To deliver to his or her successor, at the expiration
of the superintendent’s term of office, all records, books,
maps, documents and papers of whatever kind belonging to
the superintendent’s office or which may have been received
by the superintendent’s for the use of the superintendent’s
office;
(15) To administer family services and programs to
promote the state’s policy as provided in RCW 74.14A.025;
(16) To perform such other duties as may be required
by law. [1999 c 348 § 6; 1992 c 198 § 6; 1991 c 116 § 2;
1990 c 33 § 251; 1982 c 160 § 2; 1981 c 249 § 1; 1977 c 75
§ 17; 1975 1st ex.s. c 275 § 47; 1971 ex.s. c 100 § 1; 1969
ex.s. c 176 § 102; 1969 ex.s. c 223 § 28A.03.030. Prior:
1967 c 158 § 4; 1909 c 97 p 231 § 3; RRS § 4523; prior:
1907 c 240 § 1; 1903 c 104 § 9; 1901 c 177 § 5; 1901 c 41
§ 1; 1899 c 142 § 4; 1897 c 118 § 22; 1891 c 127 §§ 1, 2;
1890 pp 348-351 §§ 3, 4; Code 1881 §§ 3155-3160; 1873 p
419 §§ 2-6; 1861 p 55 §§ 2, 3, 4. Formerly RCW
28A.03.030, 28.03.030, 43.11.030.]
Intent—1999 c 348: See note following RCW 28A.205.010.
Severability—Effective date—1992 c 198: See RCW 70.190.910
and 70.190.920.
Severability—1982 c 160: See note following RCW 28A.305.100.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Studies—1969 ex.s. c 283: "The superintendent of public instruction
is directed to develop, prepare and make available information as follows:
(1) A budgetary study of the fiscal impact which would result from
payment to substitute teachers, who are on a continuing basis of twelve or
more days within any calendar month, at a rate of pay commensurate with
their training and experience and at a per diem salary in proportion to the
salary for which that teacher would be eligible as a full time teacher;
(2002 Ed.)
Superintendent of Public Instruction
(2) A study showing the percentage of high school graduates who go
on to an institution of higher education, including community colleges, the
distribution of such students, and the percentage thereof which continue in
higher education through the various grades or years thereof; and
(3) A study of the fiscal impact of establishing one hundred and eighty
days as the base salary period for all contracts with certificated employees."
[1969 ex.s. c 283 § 8.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28A.300.0451 Reimbursement for substitute if
employee serves state board or superintendent. See RCW
28A.300.035.
28A.300.050 Assistance to state board for activities
involving professional educator excellence. The superintendent of public instruction shall provide technical assistance to the state board of education in the conduct of the
activities described in *sections 202 through 232 of this act.
[1990 c 33 § 252; 1987 c 525 § 227. Formerly RCW
28A.03.375.]
*Reviser’s note: In addition to vetoed and temporary uncodified
sections, "sections 202 through 232 of this act" [1987 c 525] includes the
enactment of RCW 28A.04.122, 28A.70.010, 28A.04.167, 28A.70.400
through 28A.70.408, 28A.70.040, 28A.04.170, 28A.04.172, 28A.70.042,
28A.04.174, 28A.04.176, 28A.70.900, 28A.04.178, and 28A.03.375.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 525 § 305.]
28A.300.040
dent shall make an order in conformity with his or her findings and alter the records of his or her office accordingly.
Thereafter, the board of directors of the district shall
organize in the manner provided by law for the organization
of the board of a district of the class to which the district
then belongs.
(4) Notwithstanding any other provision of chapter 43,
Laws of 1975, the educational service district superintendent,
with the concurrence of the superintendent of public instruction, may delay approval of a change in classification of any
school district for a period not exceeding three years when,
in fact, the student enrollment of the district within any such
time period does not exceed ten percent, either in a decrease
or increase thereof. [1999 c 315 § 202.]
Part headings and captions not law—1999 c 315: See RCW
28A.315.901.
28A.300.070 Receipt of federal funds for school
purposes—Superintendent of public instruction to
administer. The state of Washington and/or any school district is hereby authorized to receive federal funds made or
hereafter made available by acts of congress for the assistance of school districts in providing physical facilities
and/or maintenance and operation of schools, or for any
other educational purpose, according to provisions of such
acts, and the state superintendent of public instruction shall
represent the state in the receipt and administration of such
funds. [1969 ex.s. c 223 § 28A.02.100. Prior: 1943 c 220
§ 4; Rem. Supp. 1943 § 5109-4. Formerly RCW
28A.02.100, 28.02.100.]
28A.300.060 Studies and adoption of classifications
for school district budgets—Publication. The superintendent of public instruction and the state auditor jointly, and in
cooperation with the senate and house committees on
education, shall conduct appropriate studies and adopt classifications or revised classifications under RCW
28A.505.100, defining what expenditures shall be charged to
each budget class including administration. The studies and
classifications shall be published in the form of a manual or
revised manual, suitable for use by the governing bodies of
school districts, by the superintendent of public instruction,
and by the legislature. [1991 c 116 § 3; 1990 c 33 § 253;
1975-’76 2nd ex.s. c 118 § 23; 1975 1st ex.s. c 5 § 1.
Formerly RCW 28A.03.350.]
28A.300.080 Vocational agriculture education—
Intent. The legislature recognizes that agriculture is the
most basic and singularly important industry in the state, that
agriculture is of central importance to the welfare and
economic stability of the state, and that the maintenance of
this vital industry requires a continued source of trained and
qualified individuals who qualify for employment in agriculture and agribusiness. The legislature declares that it is
within the best interests of the people and state of Washington that a comprehensive vocational education program in
agriculture be maintained in the state’s secondary school
system. [1983 1st ex.s. c 34 § 1. Formerly RCW
28A.03.415.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.300.090 Vocational agriculture education—
Service area established—Duties. (1) A vocational
agriculture education service area within the office of the
superintendent of public instruction shall be established.
Adequate staffing of individuals trained or experienced in the
field of vocational agriculture shall be provided for the
vocational agriculture education service area for coordination
of the state program and to provide assistance to local school
districts for the coordination of the activities of student
agricultural organizations and associations.
(2) The vocational agriculture education service area
shall:
(a) Assess needs in vocational agriculture education,
assist local school districts in establishing vocational agriculture programs, review local school district applications for
approval of vocational agriculture programs, evaluate
28A.300.065 Classification and numbering system
of school districts. (1) The superintendent of public
instruction is responsible for the classification and numbering
system of school districts.
(2) Any school district in the state that has a student
enrollment in its public schools of two thousand pupils or
more, as shown by evidence acceptable to the educational
service district superintendent and the superintendent of
public instruction, is a school district of the first class. Any
other school district is a school district of the second class.
(3) Whenever the educational service district superintendent finds that the classification of a school district should
be changed, and upon the approval of the superintendent of
public instruction, the educational service district superinten(2002 Ed.)
[Title 28A RCW—page 71]
28A.300.090
Title 28A RCW: Common School Provisions
existing programs, plan research and studies for the improvement of curriculum materials for specialty areas of vocational agriculture. Standards and criteria developed under this
subsection shall satisfy the mandates of federally-assisted
vocational education;
(b) Develop in-service programs for teachers and
administrators of vocational agriculture, review application
for vocational agriculture teacher certification, and assist in
teacher recruitment and placement in vocational agriculture
programs;
(c) Serve as a liaison with the Future Farmers of
America, representatives of business, industry, and appropriate public agencies, and institutions of higher education in
order to disseminate information, promote improvement of
vocational agriculture programs, and assist in the development of adult and continuing education programs in vocational agriculture; and
(d) Establish an advisory task force committee of
agriculturists, who represent the diverse areas of the agricultural industry in Washington, which shall make annual
recommendations including, but not limited to, the development of curriculum, staffing, strategies for the purpose of
establishing a source of trained and qualified individuals in
agriculture, and strategies for articulating the state program
in vocational agriculture education, including youth leadership throughout the state school system. [1983 1st ex.s. c 34
§ 2. Formerly RCW 28A.03.417.]
28A.300.100 Vocational agriculture education—
Superintendent to adopt rules. The superintendent of
public instruction, pursuant to chapter 34.05 RCW, shall
adopt such rules as are necessary to carry out the provisions
of RCW 28A.300.090. [1990 c 33 § 254; 1983 1st ex.s. c
34 § 3. Formerly RCW 28A.03.419.]
28A.300.115 Holocaust instruction—Preparation
and availability of instructional materials. (1) Every
public high school is encouraged to include in its curriculum
instruction on the events of the period in modern world history known as the Holocaust, during which six million Jews
and millions of non-Jews were exterminated. The instruction
may also include other examples from both ancient and
modern history where subcultures or large human populations have been eradicated by the acts of humankind. The
studying of this material is a reaffirmation of the commitment of free peoples never again to permit such occurrences.
(2) The superintendent of public instruction may prepare
and make available to all school districts instructional
materials for use as guidelines for instruction under this
section. [1992 c 24 § 1.]
28A.300.118 College credit program information—
Notification to schools and parents. (1) Beginning with
the 2000-01 school year, the superintendent of public instruction shall notify senior high schools and any other public
school that includes ninth grade of the names and contact
information of public and private entities offering programs
leading to college credit, including information about online
advanced placement classes, if the superintendent has
[Title 28A RCW—page 72]
knowledge of such entities and if the cost of reporting these
entities is minimal.
(2) Beginning with the 2000-01 school year, each senior
high school and any other public school that includes ninth
grade shall publish annually and deliver to each parent with
children enrolled in ninth through twelfth grades, information
concerning the entrance requirements and the availability of
programs in the local area that lead to college credit,
including classes such as advanced placement, running start,
tech-prep, skill centers, college in the high school, and
international baccalaureate programs. The information may
be included with other information the school regularly mails
to parents. In addition, each senior high school and any
other public school that includes ninth grade shall enclose
information of the names and contact information of other
public or private entities offering such programs, including
online advanced placement programs, to its ninth through
twelfth grade students if the school has knowledge of such
entities. [2000 c 126 § 1.]
Reviser’s note: 2000 c 126 directed that this section be added to
chapter 28A.320 RCW. This section has been codified in chapter 28A.300
RCW, which relates more directly to duties of the superintendent of public
instruction.
28A.300.120 Administrative hearing—Contract to
conduct authorized—Final decision. Whenever a statute
or rule provides for a formal administrative hearing before
the superintendent of public instruction under chapter 34.05
RCW, the superintendent of public instruction may contract
with the office of administrative hearings to conduct the
hearing under chapter 34.12 RCW and may delegate to a
designee of the superintendent of public instruction the
authority to render the final decision. [1985 c 225 § 1.
Formerly RCW 28A.03.500.]
28A.300.130 Center for the improvement of student
learning—Educational improvement and research—
Clearinghouse for academic achievement and accountability commission and for information regarding educational improvement and parental involvement programs.
(1) Expanding activity in educational research, educational
restructuring, and educational improvement initiatives has
produced and continues to produce much valuable information. The legislature finds that such information should be
shared with the citizens and educational community of the
state as widely as possible. To facilitate access to information and materials on educational improvement and research,
the superintendent of public instruction, to the extent funds
are appropriated, shall establish the center for the improvement of student learning. The primary purpose of the center
is to provide assistance and advice to parents, school board
members, educators, and the public regarding strategies for
assisting students in learning the essential academic learning
requirements pursuant to *RCW 28A.630.885. The center
shall work in conjunction with the academic achievement
and accountability commission, educational service districts,
institutions of higher education, and education, parent,
community, and business organizations.
(2) The center, in conjunction with other staff in the
office of the superintendent of public instruction, shall:
(2002 Ed.)
Superintendent of Public Instruction
(a) Serve as a clearinghouse for the completed work and
activities of the academic achievement and accountability
commission;
(b) Serve as a clearinghouse for information regarding
successful educational improvement and parental involvement programs in schools and districts, and information
about efforts within institutions of higher education in the
state to support educational improvement initiatives in
Washington schools and districts;
(c) Provide best practices research and advice that can
be used to help schools develop and implement: Programs
and practices to improve instruction of the essential academic learning requirements under **section 701 of this act;
systems to analyze student assessment data, with an emphasis on systems that will combine the use of state and local
data to monitor the academic progress of each and every
student in the school district; comprehensive, school-wide
improvement plans; school-based shared decision-making
models; programs to promote lifelong learning and community involvement in education; school-to-work transition
programs; programs to meet the needs of highly capable
students; programs and practices to meet the diverse needs
of students based on gender, racial, ethnic, economic, and
special needs status; research, information, and technology
systems; and other programs and practices that will assist
educators in helping students learn the essential academic
learning requirements;
(d) Develop and distribute, in conjunction with the
academic achievement and accountability commission,
parental involvement materials, including instructional guides
developed to inform parents of the essential academic
learning requirements. The instructional guides also shall
contain actions parents may take to assist their children in
meeting the requirements, and should focus on reaching
parents who have not previously been involved with their
children’s education;
(e) Identify obstacles to greater parent and community
involvement in school shared decision-making processes and
recommend strategies for helping parents and community
members to participate effectively in school shared decisionmaking processes, including understanding and respecting the
roles of school building administrators and staff;
(f) Develop and maintain an internet web site to
increase the availability of information, research, and other
materials;
(g) Take other actions to increase public awareness of
the importance of parental and community involvement in
education;
(h) Work with appropriate organizations to inform
teachers, district and school administrators, and school
directors about the waivers available and the broadened
school board powers under RCW 28A.320.015;
(i) Provide training and consultation services, including
conducting regional summer institutes;
(j) Address methods for improving the success rates of
certain ethnic and racial student groups; and
(k) Perform other functions consistent with the purpose
of the center as prescribed in subsection (1) of this section.
(3) The superintendent of public instruction, after
consultation with the academic achievement and accountability commission, shall select and employ a director for the
center.
(2002 Ed.)
28A.300.130
(4) The superintendent may enter into contracts with
individuals or organizations including but not limited to:
School districts; educational service districts; educational
organizations; teachers; higher education faculty; institutions
of higher education; state agencies; business or communitybased organizations; and other individuals and organizations
to accomplish the duties and responsibilities of the center.
In carrying out the duties and responsibilities of the center,
the superintendent, whenever possible, shall use practitioners
to assist agency staff as well as assist educators and others
in schools and districts. [1999 c 388 § 401; 1996 c 273 § 5;
1993 c 336 § 501; 1986 c 180 § 1. Formerly RCW
28A.03.510.]
Reviser’s note: *(1) RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
**(2) "Section 701 of this act" refers to a section in a version of
Senate Bill No. 5418 that was not enacted into law.
Transfer of powers, duties, and functions—Part headings and
captions not law—Severability—1999 c 388: See RCW 28A.655.900
through 28A.655.902.
Effective date—1996 c 273: See note following RCW 28A.300.290.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Definitions: RCW 28A.655.010.
28A.300.135 Center for the improvement of student
learning account. (1) The center for the improvement of
student learning account is hereby established in the custody
of the state treasurer. The superintendent of public instruction shall deposit in the account all moneys received
from gifts, grants, or endowments for the center for the
improvement of student learning. Moneys in the account
may be spent only for activities of the center. Disbursements from the account shall be on authorization of the
superintendent of public instruction or the superintendent’s
designee. The account is subject to the allotment procedure
provided under chapter 43.88 RCW, but no appropriation is
required for disbursements.
(2) The superintendent of public instruction may receive
such gifts, grants, and endowments from public or private
sources as may be made from time to time, in trust or
otherwise, for the use and benefit of the purposes of the
center for the improvement of student learning and expend
the same or any income therefrom according to the terms of
the gifts, grants, or endowments. [1993 c 336 § 502.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.300.150 Information on child abuse and neglect
prevention curriculum—Superintendent’s duties. The
superintendent of public instruction shall collect and disseminate to school districts information on child abuse and
neglect prevention curriculum. The superintendent of public
instruction and the departments of social and health services
and community, trade, and economic development shall
share relevant information. [1994 c 245 § 8; 1987 c 489 §
2. Formerly RCW 28A.03.512.]
Intent—1987 c 489: "It is the intent of the legislature to make child
abuse and neglect primary prevention education and training available to
children, including preschool age children, parents, school employees, and
licensed day care providers." [1987 c 489 § 1.]
[Title 28A RCW—page 73]
28A.300.160
Title 28A RCW: Common School Provisions
28A.300.160 Development of coordinated primary
prevention program for child abuse and neglect—Office
as lead agency. (1) The office of the superintendent of
public instruction shall be the lead agency and shall assist
the department of social and health services, the department
of community, trade, and economic development, and school
districts in establishing a coordinated primary prevention
program for child abuse and neglect.
(2) In developing the program, consideration shall be
given to the following:
(a) Parent, teacher, and children’s workshops whose
information and training is:
(i) Provided in a clear, age-appropriate, nonthreatening
manner, delineating the problem and the range of possible
solutions;
(ii) Culturally and linguistically appropriate to the
population served;
(iii) Appropriate to the geographic area served; and
(iv) Designed to help counteract common stereotypes
about child abuse victims and offenders;
(b) Training for school age children’s parents and school
staff, which includes:
(i) Physical and behavioral indicators of abuse;
(ii) Crisis counseling techniques;
(iii) Community resources;
(iv) Rights and responsibilities regarding reporting;
(v) School district procedures to facilitate reporting and
apprise supervisors and administrators of reports; and
(vi) Caring for a child’s needs after a report is made;
(c) Training for licensed day care providers and parents
that includes:
(i) Positive child guidance techniques;
(ii) Physical and behavioral indicators of abuse;
(iii) Recognizing and providing safe, quality day care;
(iv) Community resources;
(v) Rights and responsibilities regarding reporting; and
(vi) Caring for the abused or neglected child;
(d) Training for children that includes:
(i) The right of every child to live free of abuse;
(ii) How to disclose incidents of abuse and neglect;
(iii) The availability of support resources and how to
obtain help;
(iv) Child safety training and age-appropriate selfdefense techniques; and
(v) A period for crisis counseling and reporting immediately following the completion of each children’s workshop
in a school setting which maximizes the child’s privacy and
sense of safety.
(3) The primary prevention program established under
this section shall be a voluntary program and shall not be
part of the basic program of education.
(4) Parents shall be given notice of the primary prevention program and may refuse to have their children participate in the program. [1995 c 399 § 21; 1987 c 489 § 3.
Formerly RCW 28A.03.514.]
Intent—1987 c 489: See note following RCW 28A.300.150.
28A.300.164 Energy information program. The
office of the superintendent of public instruction shall
develop an energy information program for use in local
school districts. The program shall utilize existing curricu[Title 28A RCW—page 74]
lum which may include curriculum as developed by districts
or the state relating to the requirement under RCW
28A.230.020 that schools provide instruction in science with
special reference to the environment, and shall include but
not be limited to the following elements:
(1) The fundamental role energy plays in the national
and regional economy;
(2) Descriptions and explanations of the various sources
of energy which are used both regionally and nationally;
(3) Descriptions and explanations of the ways to use
various energy sources more efficiently; and
(4) Advantages and disadvantages to the various sources
of present and future supplies of energy.
Under this section the office of superintendent of public
instruction shall emphasize providing teacher training,
promoting the use of local energy experts in the classroom,
and dissemination of energy education curriculum. [1990 c
301 § 2.]
Findings—1990 c 301: "The legislature finds that the state is facing
an impending energy supply crisis. The legislature further finds that
keeping the importance of energy in the minds of state residents is essential
as a means to help avert a future energy supply crisis and that citizens need
to be aware of the importance and trade-offs associated with energy
efficiency, the implications of wasteful uses of energy, and the need for
long-term stable supplies of energy. One efficient and effective method of
informing the state’s citizens on energy issues is to begin in the school
system, where information may guide energy use decisions for decades into
the future." [1990 c 301 § 1.]
28A.300.170 State general fund—Estimates for state
support to public schools, from. At such time as the
governor shall determine under the provisions of chapter
43.88 RCW, the superintendent of public instruction shall
submit such detailed estimates and other information to the
governor and in such form as the governor shall determine
of the total estimated amount required for appropriation from
the state general fund for state support to public schools
during the ensuing biennium. [1980 c 6 § 2; 1969 ex.s. c
223 § 28A.41.040. Prior: 1945 c 141 § 11; Rem. Supp.
1945 § 4940-9. Formerly RCW 28A.41.040, 28.41.040.]
Severability—1980 c 6: See note following RCW 28A.515.320.
28A.300.175 Recovery of payments to recipients of
state money—Basis—Resolution of audit findings—Rules.
The superintendent of public instruction shall withhold or
recover state payments to school districts, educational service
districts, and other recipients of state money based on findings of the Washington state auditor. When an audit
questions enrollment, staffing, or other data reported to the
state and used in state apportionment calculations, the
superintendent of public instruction may require submission
of revised data, or as an alternative may adjust data based on
estimates, and shall revise apportionment calculations and
payments accordingly. The superintendent of public instruction shall adopt rules setting forth policies and procedures
for the resolution of monetary and nonmonetary audit
findings involving state money. [1997 c 167 § 1.]
28A.300.190 Coordination of video telecommunications programming in schools. The office of the superintendent of public instruction shall provide statewide coordination of video telecommunications programming for the
common schools. [1990 c 208 § 8.]
(2002 Ed.)
Superintendent of Public Instruction
28A.300.220 Cooperation with work force training
and education coordinating board. The superintendent
shall cooperate with the work force training and education
coordinating board in the conduct of the board’s responsibilities under RCW 28C.18.060 and shall provide information
and data in a format that is accessible to the board. [1991
c 238 § 78.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.230 Findings—Integration of vocational
and academic education. The legislature finds that the
needs of the work force and the economy necessitate
enhanced vocational education opportunities in secondary
education including curriculum which integrates vocational
and academic education. In order for the state’s work force
to be competitive in the world market, employees need
competencies in both vocational/technical skills and in core
essential competencies such as English, math, science/technology, geography, history, and critical thinking.
Curriculum which integrates vocational and academic
education reflects that many students learn best through
applied learning, and that students should be offered flexible
education opportunities which prepare them for both the
world of work and for higher education. [1991 c 238 §
140.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.235 Development of model curriculum
integrating vocational and academic education. The
superintendent of public instruction shall with the advice of
the work force training and education coordinating board
develop model curriculum integrating vocational and
academic education at the secondary level. The curriculum
shall integrate vocational education for gainful employment
with education in the academic subjects of English, math,
science/technology, geography, and history, and with
education in critical thinking. Upon completion, the model
curriculum shall be provided for consideration and use by
school districts. [1991 c 238 § 141.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.300.240 International student exchange. (1)
The superintendent of public instruction shall annually make
available to school districts and approved private schools,
from data supplied by the secretary of state, the names of
international student exchange visitor placement organizations registered under chapter 19.166 RCW to place students
in public schools in the state and a summary of the information the organizations have filed with the secretary of state
under chapter 19.166 RCW.
(2) The superintendent shall provide general information
and assistance to school districts regarding international
student exchange visitors, including, to the extent feasible
with available resources, information on the type of visa
required for enrollment, how to promote positive educational
experiences for visiting exchange students, and how to
integrate exchange students into the school environment to
(2002 Ed.)
28A.300.220
benefit the education of both the exchange students and
students in the state. [1991 c 128 § 11.]
Severability—Effective date—1991 c 128: See RCW 19.166.900
and 19.166.901.
28A.300.250 Participation in federal nutrition
programs—Superintendent’s duties. The superintendent
of public instruction shall aggressively solicit eligible
schools, child and adult day care centers, and other organizations to participate in the nutrition programs authorized by
the United States department of agriculture. [1991 c 366 §
402.]
Finding—1991 c 366: "Hunger and malnutrition threaten the future
of a whole generation of children in Washington. Children who are hungry
or malnourished are unable to function optimally in the classroom and are
thus at risk of lower achievement in school. The resultant diminished future
capacity of and opportunities for these children will affect this state’s
economic and social future. Thus, the legislature finds that the state has an
interest in helping families provide nutritious meals to children.
The legislature also finds that the state has an interest in helping
hungry and malnourished adults obtain necessary nourishment. Adequate
nourishment is necessary for physical health, and physical health is the
foundation of self-sufficiency. Adequate nourishment is especially critical
in the case of pregnant and lactating women, both to ensure that all mothers
and babies are as healthy as possible and to minimize the costs associated
with the care of low-birthweight babies." [1991 c 366 § 1.]
Finding—1991 c 366: "The legislature finds that the school breakfast
and lunch programs, the summer feeding program, and the child and adult
day care feeding programs authorized by the United States department of
agriculture are effective in addressing unmet nutritional needs. However,
some communities in the state do not participate in these programs. The
result is hunger, malnutrition, and inadequate nutrition education for
otherwise eligible persons living in nonparticipating communities." [1991
c 366 § 401.]
Parts and headings not law—1991 c 366: "Parts and headings as
used in this act constitute no part of the law." [1991 c 366 § 502.]
Severability—1991 c 366: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 366 § 503.]
Effective date—1991 c 366: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 366 § 504.]
28A.300.270 Violence prevention training. The
superintendent of public instruction shall, to the extent
funding is available, contract with school districts, educational service districts, and approved in-service providers to
conduct training sessions for school certificated and classified employees in conflict resolution and other violence
prevention topics. The training shall be developmentally and
culturally appropriate for the school populations being served
and be research based. The training shall not be based
solely on providing materials, but also shall include techniques on imparting these skills to students. The training
sessions shall be developed in coordination with school
districts, the superintendent of public instruction, parents, law
enforcement agencies, human services providers, and other
interested parties. The training shall be offered to school
districts and school staff requesting the training, and shall be
made available at locations throughout the state. [1994 sp.s.
c 7 § 602.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[Title 28A RCW—page 75]
28A.300.275
Title 28A RCW: Common School Provisions
28A.300.275 Alternative school start-up grants—
School safety grants—Report to legislative committees.
The sum of four million dollars, or as much thereof as may
be necessary, is appropriated from the general fund to the
superintendent of public instruction for the biennium ending
June 30, 2001, for:
(1) Alternative school start-up grants which are in
addition to the grants funded in the two million dollars
alternative school start-up appropriation contained in section
501(2)(l), chapter 309, Laws of 1999, and these grants shall
be awarded in the same manner and for the same purposes;
(2) School safety programs for prevention and intervention. School districts may apply for and administer these
grants independently or jointly with other school districts or
educational service districts. The funds may be expended
for proven-effective programs to improve safety in schools,
including: Security assessments of school facilities; violence
prevention and reporting training for staff as appropriate to
the particular duties and responsibilities of the specific staff,
including administrators; nonviolence and leadership training
for staff and students; and school safety plans. The educational service districts and school districts may contract for
any services under this subsection.
(3) The superintendent of public instruction shall report
to the education committees of the house of representatives
and senate on the number and types of programs administered through these grants by February 15, 2001, and
February 15th of every two years thereafter. [1999 sp.s. c
12 § 1.]
Effective date—1999 sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 1999." [1999 sp.s. c 12 § 5.]
28A.300.280 Conflict resolution program. The
superintendent of public instruction and the office of the
attorney general, in cooperation with the Washington state
bar association, shall develop a volunteer-based conflict resolution and mediation program for use in community groups
such as neighborhood organizations and the public schools.
The program shall use lawyers to train students who in turn
become trainers and mediators for their peers in conflict
resolution. [1994 sp.s. c 7 § 611.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.300.285 Harassment, intimidation, and bullying
prevention policies—Model policy and training materials—Posting on web site—Authority to update. (1) By
August 1, 2003, each school district shall adopt or amend if
necessary a policy, within the scope of its authority, that
prohibits the harassment, intimidation, or bullying of any
student. It is the responsibility of each school district to
share this policy with parents or guardians, students, volunteers, and school employees.
(2) "Harassment, intimidation, or bullying" means any
intentional written, verbal, or physical act, including but not
limited to one shown to be motivated by any characteristic
in RCW 9A.36.080(3), or other distinguishing characteristics,
when the intentional written, verbal, or physical act:
(a) Physically harms a student or damages the student’s
property; or
[Title 28A RCW—page 76]
(b) Has the effect of substantially interfering with a
student’s education; or
(c) Is so severe, persistent, or pervasive that it creates an
intimidating or threatening educational environment; or
(d) Has the effect of substantially disrupting the orderly
operation of the school.
Nothing in this section requires the affected student to
actually possess a characteristic that is a basis for the
harassment, intimidation, or bullying.
(3) The policy should be adopted or amended through
a process that includes representation of parents or guardians, school employees, volunteers, students, administrators,
and community representatives. It is recommended that each
such policy emphasize positive character traits and values,
including the importance of civil and respectful speech and
conduct, and the responsibility of students to comply with
the district’s policy prohibiting harassment, intimidation, or
bullying.
(4) By August 1, 2002, the superintendent of public
instruction, in consultation with representatives of parents,
school personnel, and other interested parties, shall provide
to school districts and educational service districts a model
harassment, intimidation, and bullying prevention policy and
training materials on the components that should be included
in any district policy. Training materials shall be disseminated in a variety of ways, including workshops and other
staff developmental activities, and through the office of the
superintendent of public instruction’s web site, with a link to
the safety center web page. On the web site:
(a) The office of the superintendent of public instruction
shall post its model policy, recommended training materials,
and instructional materials;
(b) The office of the superintendent of public instruction
has the authority to update with new technologies access to
this information in the safety center, to the extent resources
are made available; and
(c) Individual school districts shall have direct access to
the safety center web site to post a brief summary of their
policies, programs, partnerships, vendors, and instructional
and training materials, and to provide a link to the school
district’s web site for further information. [2002 c 207 § 2.]
Findings—2002 c 207: "The legislature declares that a safe and civil
environment in school is necessary for students to learn and achieve high
academic standards. The legislature finds that harassment, intimidation, or
bullying, like other disruptive or violent behavior, is conduct that disrupts
both a student’s ability to learn and a school’s ability to educate its students
in a safe environment.
Furthermore, the legislature finds that students learn by example. The
legislature commends school administrators, faculty, staff, and volunteers for
demonstrating appropriate behavior, treating others with civility and respect,
and refusing to tolerate harassment, intimidation, or bullying." [2002 c 207
§ 1.]
28A.300.290 Effective reading programs—
Identification. (1) The center for the improvement of
student learning, or its designee, shall develop and implement a process for identifying programs that have been
proven to be effective based upon valid research in teaching
elementary students to read. Additional programs shall be
reviewed after the initial identification of effective programs.
(2) In identifying effective reading programs, the center
for the improvement of student learning, or its designee,
shall consult primary education teachers, statewide reading
(2002 Ed.)
Superintendent of Public Instruction
organizations, institutions of higher education, the commission on student learning, parents, legislators, and other
appropriate individuals and organizations.
(3) In identifying effective reading programs, the
following criteria shall be used:
(a) Whether the program will help the student meet the
state-level and classroom-based assessments for reading;
(b) Whether the program has achieved documented
results for students on valid and reliable assessments;
(c) Whether the results of the program have been
replicated at different locations over a period of time;
(d) Whether the requirements and specifications for
implementing the program are clear so that potential users
can clearly determine the requirements of the program and
how to implement it;
(e) Whether, when considering the cost of implementing
the program, the program is cost-effective relative to other
similar types of programs;
(f) Whether the program addresses differing student
populations; and
(g) Other appropriate criteria and considerations.
(4) The initial identification of effective reading programs shall be completed and a list of the identified programs prepared by December 31, 1996. [1996 c 273 § 1.]
Effective date—1996 c 273: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 29, 1996]." [1996 c 273 § 6.]
28A.300.295 Identified programs—Grants for inservice training and instructional materials. The superintendent of public instruction shall establish a grant program
to provide incentives for teachers, schools, and school districts to use the identified programs on the approved list in
grades kindergarten through four. Schools, school districts,
and educational service districts may apply for grants.
Funds for the grants shall be used for in-service training and
instructional materials. Grants shall be awarded and funds
distributed not later than June 30, 1997, for programs in the
1996-97 and 1997-98 school years. Priority shall be given
to grant applications involving schools and school districts
with the lowest mean percentile scores on the statewide third
grade test required under RCW 28A.230.190 among grant
applicants. [1999 c 78 § 2; 1996 c 273 § 2.]
Effective date—1996 c 273: See note following RCW 28A.300.290.
28A.300.300 Effective reading programs—
Information—Development and implementation of
strategies. (1) After effective programs have been identified
in accordance with RCW 28A.300.290, the center for the
improvement of student learning, or its designee, shall
provide information and take other appropriate steps to
inform elementary school teachers, principals, curriculum
directors, superintendents, school board members, college
and university reading instruction faculty, and others of its
findings.
(2) The center, in cooperation with statewide organizations interested in improving literacy, also shall develop and
implement strategies to improve reading instruction in the
state, with a special emphasis on the instruction of reading
in the primary grades using the effective reading programs
that have been identified in accordance with RCW
(2002 Ed.)
28A.300.290
28A.300.290. The strategies may include, but should not be
limited to, expanding and improving reading instruction of
elementary school teachers in teacher preparation programs,
expanded in-service training in reading instruction, the
training of paraprofessionals and volunteers in reading
instruction, improving classroom-based assessment of
reading, and increasing statewide and regional technical
assistance in reading instruction. [1998 c 245 § 11; 1996 c
273 § 4.]
Effective date—1996 c 273: See note following RCW 28A.300.290.
28A.300.310 Second grade reading assessment—
Selection of reading passages—Costs. (1) The superintendent of public instruction shall identify a collection of
reading passages and assessment procedures that can be used
to measure second grade oral reading accuracy and fluency
skills. The purpose of the second grade reading assessment
is to provide information to parents, teachers, and school
administrators on the level of acquisition of oral reading
accuracy and fluency skills of each student at the beginning
of second grade. The assessment procedures and each of the
reading passages in the collection must:
(a) Provide a reliable and valid measure of a student’s
oral reading accuracy and fluency skills;
(b) Be able to be individually administered;
(c) Have been approved by a panel of nationally
recognized professionals in the area of beginning reading,
whose work has been published in peer-reviewed education
research journals, and professionals in the area of measurement and assessment; and
(d) Assess student skills in recognition of letter sounds,
phonemic awareness, word recognition, and reading connected text. Text used for the test of fluency must be ordered in
relation to difficulty.
(2) The superintendent of public instruction shall select
reading passages for use by schools and school districts
participating in pilot projects under RCW 28A.300.320
during the 1997-98 school year. The final collection must
be selected by June 30, 1998. The superintendent of public
instruction may add reading passages to the initial list if the
passages are comparable in format to the initial passages
approved by the expert panel in subsection (1) of this
section.
(3) The superintendent of public instruction shall
develop a per-pupil cost for the assessments in the collection
that details the costs for administering the assessments,
booklets, scoring, and training required to reliably administer
the test. To the extent funds are appropriated, the superintendent of public instruction shall pay for the cost of
administering and scoring the assessments, booklets or other
assessment material, and training required to administer the
test. [1999 c 373 § 101; 1997 c 262 § 2.]
Part headings not law—1999 c 373: "Part headings used in this act
are not any part of the law." [1999 c 373 § 601.]
Findings—1997 c 262: "The legislature acknowledges the definition
of reading as "Reading is the process of constructing meaning from written
text. It is the complex skill requiring the coordination of a number of
interrelated sources of information." Marilyn Adams, Becoming a Nation
of Readers 7. The legislature also acknowledges the role that reading
accuracy and fluency plays in the comprehension of text. The legislature
finds that one way to determine if a child’s inability to read is problematic
is to compare the child’s reading fluency and accuracy skills with that of
other children. To accomplish this objective, the legislature finds that
[Title 28A RCW—page 77]
28A.300.310
Title 28A RCW: Common School Provisions
assessments that test students’ reading fluency and accuracy skills must be
scientifically valid and reliable. The legislature further finds that early
identification of students with potential reading difficulties can provide
valuable information to parents, teachers, and school administrators. The
legislature finds that assessment of second grade students’ reading fluency
and accuracy skills can assist teachers in planning and implementing a
reading curriculum that addresses students’ deficiencies in reading." [1997
c 262 § 1.]
28A.300.320 Second grade reading assessment—
Pilot projects—Assessment selection—Assessment results.
(1) The superintendent of public instruction shall create a
pilot project to identify which second grade reading assessments selected under RCW 28A.300.310 will be included in
the final collection of assessments that must be available by
June 30, 1998.
(2) Schools and school districts may voluntarily participate in the second grade reading test pilot projects in the
1997-98 school year. Schools and school districts voluntarily participating in the pilot project test are not required to
have the results available by the fall parent-teacher conference.
(3)(a) Starting in the 1998-99 school year, school
districts must select an assessment from the collection
adopted by the superintendent of public instruction. Selection must be at the entire school district level.
(b) The second grade reading assessment selected by the
school district must be administered annually in the fall
beginning with the 1998-99 school year. Students who score
substantially below grade level when assessed in the fall
shall be assessed at least one more time during the second
grade. Assessment performance deemed to be "substantially
below grade level" is to be determined for each passage in
the collection by the superintendent of public instruction.
(c) If a student, while taking the assessment, reaches a
point at which the student’s performance will be considered
"substantially below grade level" regardless of the student’s
performance on the remainder of the assessment, the
assessment may be discontinued.
(d) Each school must have the assessment results
available by the fall parent-teacher conference. Schools
must notify parents about the second grade reading assessment during the conferences, inform the parents of their
students’ performance on the assessment, identify actions the
school intends to take to improve the child’s reading skills,
and provide parents with strategies to help the parents
improve their child’s score. [1999 c 373 § 102; 1998 c 319
§ 201; 1997 c 262 § 3.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Part headings not law—1998 c 319: "Part headings used in this act
are not any part of the law." [1998 c 319 § 401.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.330 Primary grade reading grant program.
(1) The superintendent of public instruction shall establish a
primary grade reading grant program. The purpose of the
grant program is to enhance teachers’ skills in using teaching
methods that have proven results gathered through quantitative research and to assist students in beginning reading.
(2) Schools and school districts may apply for primary
grade reading grants. To qualify for a grant, the grant
proposal shall provide that the grantee must:
[Title 28A RCW—page 78]
(a) Document that the instructional model the grantee
intends to implement, including teaching methods and
instructional materials, is based on results validated by quantitative methods;
(b) Agree to work with the independent contractor
identified under subsection (3) of this section to determine
the effectiveness of the instructional model selected and the
effectiveness of the staff development provided to implement
the selected model; and
(c) Provide evidence of a significant number of students
who are not achieving at grade level.
To the extent funds are appropriated, the superintendent
of public instruction shall make initial grants available by
September 1, 1997, for schools and school districts voluntarily participating in pilot projects under RCW 28A.300.320.
Subject to available funding, additional applications may be
submitted to the superintendent of public instruction by September 1, 1998, and by September 1st in subsequent years.
Grants will be awarded for two years.
(3) The superintendent of public instruction shall
contract with an independent contractor who has experience
in program evaluation and quantitative methods to evaluate
the impact of the grant activities on students’ reading skills
and the effectiveness of the staff development provided to
teachers to implement the instructional model selected by the
grantee. Five percent of the funds awarded for grants shall
be set aside for the purpose of the grant evaluation conducted by the independent contractor.
(4) The superintendent of public instruction shall submit
biennially to the legislature and the governor a report on the
primary grade reading grant program. The first report must
be submitted not later than December 1, 1999, and each
succeeding report must be submitted not later than December
1st of each odd-numbered year. Reports must include
information on how the schools and school districts used the
grant money, the instructional models used, how they were
implemented, and the findings of the independent contractor.
(5) The superintendent of public instruction shall
disseminate information to the school districts five years
after the beginning of the grant program regarding the results
of the effectiveness of the instructional models and implementation strategies.
(6) Funding under this section shall not become part of
the state’s basic program of education obligation as set forth
under Article IX of the state Constitution. [1997 c 262 § 4.]
Intent—1997 c 262: See note following RCW 28A.300.310.
28A.300.340 Primary grade reading grant program—Timelines—Rules. (1) The superintendent of public
instruction may use up to one percent of the appropriated
funds for administration of the primary grade reading grant
program established in chapter 262, Laws of 1997.
(2) The superintendent of public instruction shall adopt
timelines and rules as necessary under chapter 34.05 RCW
to administer the primary reading grant program in RCW
28A.300.310.
(3) Funding under this section shall not become a part
of the state’s basic program of education obligation as set
forth under Article IX of the state Constitution. [1997 c 262
§ 7.]
Intent—1997 c 262: See note following RCW 28A.300.310.
(2002 Ed.)
Superintendent of Public Instruction
28A.300.350 Excellence in mathematics training
program. (1) The excellence in mathematics training
program is established to improve the mathematics performance of elementary, middle, and junior high school
students. The purpose of the program is to improve
students’ proficiency in mathematics by enhancing teachers’
skills in using teaching methods that have been proven to be
effective based upon empirical research. The program shall
be administered by the office of the superintendent of public
instruction.
(2) The superintendent of public instruction, to the
extent funds are appropriated, shall establish training
programs in mathematics instruction and assessment for
educators working with elementary, middle, and junior high
school students. The programs shall be designed to prepare
educators to select and implement appropriate instructional
strategies and effective programs to improve mathematics
instruction. Funds, to the extent funds are appropriated,
shall be used to develop training programs and to provide
the training to the educators both through institutes and in
the classroom during the school year. In selecting educators
to participate in the program, the superintendent shall give
priority to educators from schools and school districts in
which a significant portion of the students performed below
standard on one or more mathematics assessments. [1999 c
347 § 2.]
Findings—Intent—1999 c 347: "The legislature finds that the
purpose of Washington’s accountability system is to improve student
learning and student achievement of the essential academic learning
standards. The legislature finds that only thirty-one percent of students who
took the 1998 fourth grade Washington assessment of student learning met
the standard for proficiency in mathematics. The legislature also finds that
only twenty percent of students who took the seventh grade trial assessment
met the standard for proficiency in mathematics. The legislature intends to
identify best practices in mathematics instruction for current and prospective
mathematics teachers in the elementary and middle grades, and to provide
training opportunities for teachers in using those instructional methods to
help students in the classroom." [1999 c 347 § 1.]
28A.300.360 Grants for programs and services—
Truant, at-risk, and expelled students. The superintendent
of public instruction shall provide, to the extent funds are
appropriated, start-up grants for alternative programs and services that provide instruction and learning for truant, at-risk,
and expelled students. Each grant application shall contain
proposed performance indicators and an evaluation plan to
measure the success of the program and its impact on
improved student learning. Applications shall contain the
applicant’s plan for maintaining the program and services
after the grant period. [1999 c 319 § 7.]
28A.300.370 World War II oral history project. (1)
The World War II oral history project is established for the
purpose of providing oral history presentations, documentation, and other materials to assist the office of the superintendent of public instruction and educators in the development of a curriculum for use in kindergarten through twelfth
grade.
(2) To the extent funds are appropriated or donated, the
project shall be administered by the office of the superintendent of public instruction. The office shall convene an
advisory committee to assist in the design and implementation of the project. The committee shall be composed of
(2002 Ed.)
28A.300.350
members of the World War II memorial educational foundation, the department of veterans affairs, the secretary of
state’s office, and legislators involved with and interested in
the development of the oral history project. The committee
may select its own chair and may expand its membership to
include the services of other individuals, agencies, or
organizations on the basis of need. The office shall provide
staffing and administrative support to the advisory committee.
(3) The project will preserve for the education of
Washington’s school children the memories and history of
our state’s citizens who served their state and country as
members of the armed forces or through national or community contributions during World War II. The project is
intended to preserve these memories and history through
audiotapes, videotapes, films, stories, printed transcripts,
digitally, and through other appropriate methods.
(4) As part of the project, the office of the superintendent of public instruction shall identify the requirements
regarding instructional guides to help educators use the
preserved material in age and grade appropriate ways.
(5) In its administration of the project, the office may
carry out its responsibilities through contracts with filming
and taping specialists, mini-grants to schools, contracts with
the World War II memorial educational foundation, and
through other means recommended by the foundation.
(6) By December 1, 2000, and every second year
thereafter in which the project has received funding, the
office shall report on the results of the project to the governor and the house of representatives and senate committees
on education. The December 2000 report shall include, but
need not be limited to, identification of the project’s implementation strategies and resource requirements, and any
curriculum standards developed through the project. [2000
c 112 § 2.]
Findings—Intent—2000 c 112: "The legislature finds that more than
two hundred fifty thousand of Washington’s citizens served their country in
the armed forces of the United States during World War II. The legislature
also finds that almost six thousand of those citizens sacrificed their lives to
secure our nation’s and the world’s peace and freedom. The legislature
finds that the hardships and sacrifices endured by the families and
communities of these service men and women were critical to the eventual
success of our nation’s defense. The legislature also finds the memories of
these stalwart patriots must be preserved to remind future generations of the
price the members of the greatest generation paid to preserve our democratic
way of life. The legislature further finds that to have a clearer reflection of
these sacrifices on behalf of freedom and democracy, it is necessary to
include the memories of all women and men of our armed forces, their
family members, and others involved in the war effort so that these
memories mirror our nation’s rich ethnic diversity. In addition, the
legislature recognizes the existence and contributions of the World War II
memorial educational foundation. Members of the foundation include
World War II veterans, and advisors from the office of veterans affairs, the
superintendent of public instruction, and the secretary of state. The
legislature intends to honor the veterans who served in World War II and
their supportive families by preserving their memories so Washington’s
school children will never forget the significant human costs of war and the
efforts of their ancestors to preserve and protect our country and the world
from tyranny. The legislature further intends that members of the World
War II memorial educational foundation have a strong advisory role in the
preservation of those memories and the creation of instructional materials
on the war." [2000 c 112 § 1.]
28A.300.380 Career and technical student organizations—Support services. (1) The superintendent of public
instruction shall maintain support for statewide coordination
[Title 28A RCW—page 79]
28A.300.380
Title 28A RCW: Common School Provisions
for career and technical student organizations by providing
program staff support that is available to assist in meeting
the needs of career and technical student organizations and
their members and students. The superintendent shall
provide at least one full-time equivalent program staff for
purposes of implementing this section. The superintendent
may provide additional support to the organizations through
contracting with independent coordinators.
(2) Career and technical student organizations eligible
for technical assistance and other support services under this
section are organizations recognized as career and technical
student organizations by:
(a) The United States department of education; or
(b) The superintendent of public instruction, if such
recognition is recommended by the Washington association
for career and technical education.
(3) Career and technical student organizations eligible
for technical assistance and other support services under this
section include, but are not limited to: The national FFA
organization; family, career, and community leaders of
America; skillsUSA; distributive education clubs of America;
future business leaders of America; and the technology
student association. [2000 c 84 § 2.]
Findings—2000 c 84: "(1) The legislature finds that career and
technical student organizations:
(a) Prepare students for career experiences beyond high school;
(b) Help students develop personal, leadership, technical, and
occupational skills;
(c) Are an integral component of vocational technical instruction
programs; and
(d) Directly help students achieve state learning goals, especially goals
three and four with respect to critical thinking, problem solving, and
decision-making skills.
(2) The legislature finds that career and technical student organizations
are best situated to fulfill their important purpose if they are in existence
pursuant to statute and receive ongoing assistance and support from the
office of superintendent of public instruction." [2000 c 84 § 1.]
28A.300.390 Washington civil liberties public
education program—Findings. The legislature finds that:
(1) In order to adequately prepare our youth for their
meaningful participation in our democratic institutions and
processes, there must be strong educational resources aimed
at teaching students and the public about the fragile nature
of our constitutional rights.
(2) The federal commission on wartime relocation and
internment of civilians was established by congress in 1980
to review the facts and circumstances surrounding executive
order 9066, issued on February 19, 1942, and the impact of
the executive order on American citizens and permanent
residents, and to recommend appropriate remedies.
The commission of [on] wartime relocation and internment of civilians issued a report of its findings in 1983 with
the reports "Personal Justice Denied" and "Personal Justice
Denied-Part II, Recommendations." The reports were based
on information gathered through twenty days of hearings in
cities across the country, particularly the west coast.
Testimony was heard from more than seven hundred fifty
witnesses, including evacuees, former government officials,
public figures, interested citizens, historians, and other
professionals who have studied the internment of JapaneseAmericans during World War II.
(3) The lessons to be learned from the internment of
Japanese-Americans during World War II are embodied in
[Title 28A RCW—page 80]
"Personal Justice Denied-Part II, Recommendations" which
found that executive order 9066 was not justified by military
necessity, and the decisions that followed from it were not
founded upon military considerations. These decisions
included the exclusion and detention of American citizens
and resident aliens of Japanese descent. The broad historical
causes that shaped these decisions were race prejudice, war
hysteria, and a failure of political leadership. Widespread
ignorance about Americans of Japanese descent contributed
to a policy conceived in haste and executed in an atmosphere
of fear and anger at Japan. A grave personal injustice was
done to the American citizens and resident aliens of Japanese
ancestry who, without individual review or any probative
evidence against them were excluded, removed, and detained
by the United States during World War II.
(4) A grave injustice was done to both citizens and
permanent residents of Japanese ancestry by the evacuation,
relocation, and internment of civilians during World War II.
These actions were carried out without adequate security
reasons and without any documented acts of espionage or
sabotage, and were motivated largely by racial prejudice,
wartime hysteria, and a failure of political leadership. The
excluded individuals of Japanese ancestry suffered enormous
damages, both material and intangible, and there were
incalculable losses in education and job training, all of which
resulted in significant human suffering for which appropriate
compensation has not been made. For these fundamental
violations of the basic civil liberties and constitutional rights
of these individuals of Japanese ancestry, the United States
congress apologized on behalf of the nation in the federal
civil liberties act of 1988. [2000 c 210 § 1.]
28A.300.395 Washington civil liberties public
education program—Intent. The legislature intends to
develop a grant program to fund public educational activities
and development of educational materials to ensure that the
events surrounding the exclusion, forced removal, and
internment of civilians and permanent resident aliens of
Japanese ancestry will be remembered, and so that the
causes and circumstances of this and similar events may be
illuminated and understood. [2000 c 210 § 2.]
28A.300.400 Washington civil liberties public
education program—Definition. As used in RCW
28A.300.390 through 28A.300.415, "program" means the
Washington civil liberties public education program, unless
the context clearly requires otherwise. [2000 c 210 § 3.]
28A.300.405 Washington civil liberties public
education program—Created—Purpose. Consistent with
the legislative findings in RCW 28A.300.390, the legislature
shall establish the Washington civil liberties public education
program. The program provides grants for the purpose of
establishing a legacy of remembrance as part of a continuing
process of recovery from the World War II exclusion and
detention of individuals of Japanese ancestry. The program
is created to do one or both of the following:
(1) Educate the public regarding the history and the
lessons of the World War II exclusion, removal, and detention of persons of Japanese ancestry through the development, coordination, and distribution of new educational
(2002 Ed.)
Superintendent of Public Instruction
materials and the development of curriculum materials to
complement and augment resources currently available on
this subject matter; and
(2) Develop videos, plays, presentations, speaker
bureaus, and exhibitions for presentation to elementary
schools, secondary schools, community colleges, and to other
interested parties. [2000 c 210 § 4.]
28A.300.410 Washington civil liberties public
education program—Grants—Acceptance of gifts, grants,
or endowments. (1) The superintendent of public instruction shall allocate grants under the program established in
RCW 28A.300.390 through 28A.300.415 from private
donations or within amounts appropriated for this specific
purpose. The grants shall be awarded on a competitive
basis.
(2) The superintendent of public instruction may
contract with independent review panelists and establish an
advisory panel to evaluate and make recommendations to the
superintendent of public instruction based on grant applications.
(3) The superintendent of public instruction shall select
grant recipients from applicants who meet all of the following criteria:
(a) The capability to administer and complete the
proposed project within specified deadlines and within the
specified budget;
(b) The experience, knowledge, and qualifications
necessary to conduct quality educational activities regarding
the exclusion and detention of Japanese-Americans during
World War II;
(c) Projects that relate the Japanese-American exclusion
and detention experience with civil rights included in the
Declaration of Independence and the Constitution so that this
event may be illuminated and understood in order to prevent
similar violations of civil rights in the future;
(d) Projects that are designed to maximize the long-term
educational impact of this chapter;
(e) Projects that build upon, contribute to, and expand
upon the existing body of educational and research materials
on the exclusion and detention of Japanese-Americans during
World War II; and
(f) Projects that include the variety of experiences
regarding the exclusion and detention of Japanese-Americans
and its impact before, during, and after World War II
including those Japanese-Americans who served in the
military and those who were interned in department of
justice camps.
(4) Applicants for grants under the program are encouraged to do each of the following:
(a) Involve former detainees, those excluded from the
military area, and their descendants in the development and
implementation of projects;
(b) Develop a strategy and plan for raising the level of
awareness and understanding among the American public
regarding the exclusion and detention of Japanese-Americans
during World War II so that the causes and circumstances of
this and similar events may be illuminated and understood;
(c) Develop a strategy and plan for reaching the broad,
multicultural population through project activities;
(2002 Ed.)
28A.300.405
(d) Develop local and regional consortia of organizations and individuals engaged in similar educational, research, and development efforts;
(e) Coordinate and collaborate with organizations and
individuals engaging in similar educational, research, and
development endeavors to maximize the effect of grants;
(f) Utilize creative and innovative methods and approaches in the research, development, and implementation
of their projects;
(g) Seek matching funds, in-kind contributions, or other
sources of support to supplement their proposal;
(h) Use a variety of media, including new technology,
and the arts to creatively and strategically appeal to a broad
audience while enhancing and enriching community-based
educational efforts;
(i) Include in the grant application, scholarly inquiry
related to the variety of experiences and impact of the
exclusion and detention of persons of Japanese ancestry
during World War II; and
(j) Add relevant materials to or catalogue relevant
materials in libraries and other repositories for the creation,
publication, and distribution of bibliographies, curriculum
guides, oral histories, and other resource directories and
supporting the continued development of scholarly work on
this subject by making a broad range of archival, library, and
research materials more accessible to the American public.
(5) The superintendent of public instruction may adopt
other criteria as it deems appropriate for its review of grant
proposals. In reviewing projects for funding, scoring shall
be based on an evaluation of all application materials
including narratives, attachments, support letters, supplementary materials, and other materials that may be requested of
applicants.
(6)(a) In the review process, the superintendent of public
instruction shall assign the following order of priority to the
criteria set forth in subsection (3) of this section:
(i) Subsection (3)(a) through (d) of this section, inclusive, shall be given highest priority; and
(ii) Subsection (3)(e) through [and] (f) of this section,
inclusive, shall be given second priority.
(b) The superintendent of public instruction shall
consider the overall breadth and variety of the field of
applicants to determine the projects that would best fulfill its
program and mission. Final grant awards may be for the full
amount of the grant requests or for a portion of the grant request.
(7) The superintendent of public instruction shall
determine the types of applicants eligible to apply for grants
under this program.
(8) The office may accept gifts, grants, or endowments
from public or private sources for the program and may
spend any gifts, grants, or endowments or income from
public or private sources according to their terms. [2000 c
210 § 5.]
28A.300.412 Washington civil liberties public
education program—Report. On or before January 1,
2002, the superintendent of public instruction shall report to
the governor and the appropriate fiscal and policy committees of each house of the legislature on the types of grants
awarded and the accomplishments of the program established
[Title 28A RCW—page 81]
28A.300.412
Title 28A RCW: Common School Provisions
under RCW 28A.300.390 through 28A.300.410. [2000 c 210
§ 6.]
28A.300.415 Washington civil liberties public
education program—Short title. RCW 28A.300.390
through 28A.300.415 shall be known as the Washington civil
liberties public education act. [2000 c 210 § 7.]
28A.300.420 Student court programs. The office of
the superintendent of public instruction shall encourage
school districts to implement, expand, or use student court
programs for students who commit violations of school rules
and policies. Program operations of student courts may be
funded by government and private grants. Student court
programs are limited to those that:
(1) Are developed using the guidelines for creating and
operating student court programs developed by nationally
recognized student court projects;
(2) Target violations of school rules by students enrolled
in public or private school; and
(3) Emphasize the following principles:
(a) Youth must be held accountable for their problem
behavior;
(b) Youth must be educated about the impact their
actions have on themselves and others including the school,
school personnel, their classmates, their families, and their
community;
(c) Youth must develop skills to resolve problems with
their peers more effectively; and
(d) Youth should be provided a meaningful forum to
practice and enhance newly developed skills. [2002 c 237
§ 17.]
28A.300.430 Collaboration with children’s system
of care demonstration sites. It is the expectation of the
legislature that local school districts shall collaborate with
each children’s system of care demonstration site established
under RCW 74.55.010. [2002 c 309 § 6.]
28A.300.800 Education of school-age children in
short-term foster care—Working group—
Recommendations to legislature. (1) Within existing
resources, the department of social and health services, in
cooperation with the office of the superintendent of public
instruction, shall convene a working group to prepare a plan
for the legislature which addresses educational stability and
continuity for school-age children who enter into short-term
foster care. The working group shall be comprised of
representatives from:
(a) The children’s administration of the department of
social and health services;
(b) The special education, transportation, and apportionment divisions of the office of the superintendent of public
instruction;
(c) The Washington state institute for public policy;
(d) School districts;
(e) Organizations that regularly advocate for foster
children;
(f) Foster parents; and
(g) Other individuals with related expertise as deemed
appropriate by the working group.
[Title 28A RCW—page 82]
(2)(a) The working group shall develop a plan for
assuring that the best interests of the child are a primary
consideration in the school placement of a child in
short-term foster care. The plan must:
(i) Determine the current status of school placement for
children placed in short-term foster care;
(ii) Identify options and possible funding sources from
existing resources which could be made available to assure
that children placed in short-term foster care are able to
remain in the school where they were enrolled prior to
placement;
(iii) Submit recommendations to the legislature by
November 1, 2002, to assure the best interest of the child
receives primary consideration in school placement decisions.
(b) The plan shall be developed within existing resources. [2002 c 326 § 1.]
Effective date—2002 c 326: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 326 § 3.]
Chapter 28A.305
STATE BOARD OF EDUCATION
Sections
28A.305.010
28A.305.020
28A.305.030
Composition of board.
Call and notice of elections.
Elections in new congressional districts—Call and
conduct of—Member terms—Transitional measures to reduce number of members from each
district.
28A.305.040
Declarations of candidacy—Qualifications of candidates—Members restricted from service on local
boards—Forfeiture of office.
28A.305.050
Qualifications of voters—Ballots—Voting instructions—Candidates’ biographical data.
28A.305.060
Election procedure—Certificate.
28A.305.070
Action to contest election—Grounds—Procedure.
28A.305.080
Terms of office.
28A.305.090
Vacancies, filling.
28A.305.100
Superintendent as ex officio member and chief executive officer of board.
28A.305.110
Executive director—Secretary of board.
28A.305.120
Meetings—Compensation and travel expenses of members.
28A.305.130
Powers and duties generally.
28A.305.140
Waiver from provisions of RCW 28A.150.200 through
28A.150.220 authorized.
28A.305.145
Application process for waivers under RCW
28A.305.140.
28A.305.160
Rules incorporating due process guarantees of pupils—
Informal due process procedures when suspension
of students.
28A.305.170
Rules authorizing national guard high school career
training and national guard youth challenge program.
28A.305.190
Eligibility to take general educational development
test.
28A.305.200
Seal.
28A.305.210
Assistance of educational service district boards and
superintendents—Scope.
28A.305.220
Development of standardized high school transcripts—
School districts to inform students of importance.
28A.305.280
Forum for education issues.
28A.305.285
Forum for education issues—Task force.
Assistance of certificated or classified employee—Reimbursement for
substitute: RCW 28A.300.035.
Corporal punishment prohibited—Adoption of policy: RCW 28A.150.300.
(2002 Ed.)
State Board of Education
Reimbursement for substitute if employee serves state board or superintendent: RCW 28A.300.035.
28A.305.010 Composition of board. The state board
of education shall be comprised of one member from each
congressional district of the state, not including any congressional district at large, elected by the members of the boards
of directors of school districts thereof, as hereinafter in this
chapter provided, the superintendent of public instruction and
one member elected at large, as provided in this chapter, by
the members of the boards of directors of all private schools
in the state meeting the requirements of RCW 28A.195.010.
The member representing private schools shall not vote on
matters affecting public schools. If there is a dispute about
whether or not an issue directly affects public schools, the
dispute shall be settled by a majority vote of the other
members of the board. [1992 c 56 § 1; 1990 c 33 § 257;
1988 c 255 § 1; 1980 c 179 § 1; 1969 ex.s. c 223 §
28A.04.010. Prior: 1955 c 218 § 1; 1947 c 258 § 1; 1925
ex.s. c 65 § 1; 1909 c 97 p 234 § 1; RRS § 4525; prior:
1907 c 240 § 2; 1901 c 177 § 6; 1897 c 118 § 24; 1890 p
352 § 6; Code 1881 § 3163. Formerly RCW 28A.04.010,
28.04.010, 43.63.010.]
Severability—1988 c 255: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 255 § 4.]
Severability—1980 c 179: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1980 c 179 § 8.]
28A.305.020 Call and notice of elections. Not later
than the twenty-fifth day of August of each year, the
superintendent of public instruction shall call for the following elections to be held: An election in each congressional
district within which resides a member of the state board of
education whose term of membership will end on the second
Monday of January next following, and an election of the
member of the state board of education representing private
schools if the term of membership will end on the second
Monday of January next following. The superintendent of
public instruction shall give written notice thereof to each
member of the board of directors of each common school
district in such congressional district, and to the chair of the
board of directors of each private school who shall distribute
said notice to each member of the private school board.
Such notice shall include the election calendar and rules and
regulations established by the superintendent of public
instruction for the conduct of the election. [1990 c 33 §
258; 1988 c 255 § 2; 1981 c 38 § 1; 1969 ex.s. c 223 §
28A.04.020. Prior: 1955 c 218 § 2; 1947 c 258 § 2; Rem.
Supp. 1947 § 4525-1. Formerly RCW 28A.04.020,
28.04.020, 43.63.020.]
Severability—1988 c 255: See note following RCW 28A.305.010.
Severability—1981 c 38: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 38 § 5.]
28A.305.030 Elections in new congressional districts—Call and conduct of—Member terms—
Transitional measures to reduce number of members
(2002 Ed.)
Chapter 28A.305
from each district. (1) Whenever any new and additional
congressional district is created, except a congressional
district at large, the superintendent of public instruction shall
call an election in such district at the time of making the call
provided for in RCW 28A.305.020. Such election shall be
conducted as other elections provided for in this chapter. At
the first such election one member of the state board of
education shall be elected for a term of four years.
(2) The terms of office of members of the state board
of education who are elected from the various congressional
districts shall not be affected by the creation of either new
or new and additional districts. In such an event, each board
member may continue to serve in office for the balance of
the term for which he or she was elected or appointed:
PROVIDED, That the board member continues to reside
within the boundaries of the congressional district as they
existed at the time of his or her election or appointment.
Vacancies which occur in a board member position during
the balance of any such term shall be filled pursuant to
RCW 28A.305.090 by a successor who resides within the
boundaries of the congressional district from which the
member whose office was vacated was elected as they
existed at the time of his or her election. At the election
immediately preceding expiration of the term of office of
each board member provided for in this subsection following
the creation of either new or new and additional congressional districts, and thereafter, a successor shall be elected from
the congressional district which corresponds in number with
the congressional district from which the incumbent was
appointed or elected.
(3) Notwithstanding any other provision of this section
or chapter, in order to reduce the number of state board of
education members elected from each congressional district
from two members to one member the following transitional
measures shall govern board member terms, elections, and
voting:
(a) The terms of office for each of the sixteen state
board of education members and positions representing the
first through the eighth congressional districts shall terminate
in a sequence commencing with the terms of the four
members and positions representing the third and sixth
congressional districts as of the second Monday of January
1993, followed by the terms of the six members and positions representing the first, fourth, and seventh congressional
districts as of the second Monday of January 1994, and
ending with the termination of the terms of the six members
and positions representing the second, fifth, and eighth
congressional districts as of the second Monday of January
1995;
(b) An election shall be conducted under RCW
28A.305.040 through 28A.305.060 each year preceding the
termination of one or more terms under (a) of this subsection
for the purpose of electing one state board of education
member from each correspondingly numbered congressional
district for a term of four years;
(c) If for any reason a vacancy occurs in one of two
positions representing a congressional district before the
termination of the term for the position under (a) of this
subsection, no replacement may be appointed or elected and
the position shall be deemed eliminated; and
(d) During the transition period from the second
Monday of January 1993, to the second Monday of January
[Title 28A RCW—page 83]
28A.305.030
Title 28A RCW: Common School Provisions
1995, a vote on any matter before the state board of education by any one of two members representing the same
congressional district shall be equal to one-half [of] a vote
and a vote by any other member shall be equal to one full
vote. Thereafter, the vote of each member shall be equal to
one full vote. [1992 c 56 § 3; 1990 c 33 § 259; 1982 1st
ex.s. c 7 § 1; 1969 ex.s. c 223 § 28A.04.030. Prior: 1955
c 218 § 3. Formerly RCW 28A.04.030, 28.04.030,
43.63.021.]
Severability—1982 1st ex.s. c 7: "If any provision of this amendatory act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 1st ex.s. c 7 § 3.]
28A.305.040 Declarations of candidacy—
Qualifications of candidates—Members restricted from
service on local boards—Forfeiture of office. (1) Candidates for membership on the state board of education shall
file declarations of candidacy with the superintendent of
public instruction on forms prepared by the superintendent.
Declarations of candidacy may be filed by person or by mail
not earlier than the first day of September, or later than the
sixteenth day of September. The superintendent of public
instruction may not accept any declaration of candidacy that
is not on file in the superintendent’s office or is not postmarked before the seventeenth day of September, or if not
postmarked or the postmark is not legible, if received by
mail after the twenty-first day of September. No person
employed in any school, college, university, or other educational institution or any educational service district
superintendent’s office or in the office of superintendent of
public instruction shall be eligible for membership on the
state board of education and each member elected who is not
representative of the private schools in this state and thus not
running-at-large must be a resident of the congressional
district from which he or she was elected. No member of a
board of directors of a local school district or private school
shall continue to serve in that capacity after having been
elected to the state board.
(2) The prohibitions against membership upon the board
of directors of a school district or school and against
employment, as well as the residence requirement, established by this section, are conditions to the eligibility of state
board members to serve as such which apply throughout the
terms for which they have been elected or appointed. Any
state board member who hereafter fails to meet one or more
of the conditions to eligibility shall be deemed to have
immediately forfeited his or her membership upon the board
for the balance of his or her term: PROVIDED, That such
a forfeiture of office shall not affect the validity of board
actions taken prior to the date of notification to the board
during an open public meeting of the violation. [1990 c 33
§ 260; 1982 1st ex.s. c 7 § 2; 1980 c 179 § 4; 1975 1st ex.s.
c 275 § 49; 1971 c 48 § 1; 1969 ex.s. c 223 § 28A.04.040.
Prior: 1967 ex.s. c 67 § 6; 1955 c 218 § 5. Formerly RCW
28A.04.040, 28.04.040, 43.63.023.]
Severability—1982 1st ex.s. c 7: See note following RCW
28A.305.030.
Severability—1980 c 179: See note following RCW 28A.305.010.
Severability—1971 c 48: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 48 § 55.]
[Title 28A RCW—page 84]
28A.305.050 Qualifications of voters—Ballots—
Voting instructions—Candidates’ biographical data.
Each member of the board of directors of each school
district in each congressional district shall be eligible to vote
for the candidates who reside in his or her congressional
district. Each chair of the board of directors of each eligible
private school shall cast a vote for the candidate receiving a
majority in an election to be held as follows: Each member
of the board of directors of each eligible private school shall
vote for candidates representing the private schools in an
election of the board, the purpose of which is to determine
the board’s candidate for the member representing private
schools on the state board. Not later than the first day of
October the superintendent of public instruction shall mail to
each member of each common school district board of
directors and to each chair of the board of directors of each
private school, the proper ballot and voting instructions for
his or her congressional district together with biographical
data concerning each candidate listed on such ballot, which
data shall have been prepared by the candidate. [1990 c 33
§ 261; 1988 c 255 § 3; 1981 c 38 § 2; 1969 ex.s. c 223 §
28A.04.050. Prior: 1955 c 218 § 6. Formerly RCW
28A.04.050, 28.04.050, 43.63.025.]
Severability—1988 c 255: See note following RCW 28A.305.010.
Severability—1981 c 38: See note following RCW 28A.305.020.
28A.305.060 Election procedure—Certificate. Each
member of the state board of education shall be elected by
a majority of the electoral points accruing from all the votes
cast at the election for all candidates for the position. All
votes shall be cast by mail addressed to the superintendent
of public instruction and no votes shall be accepted for
counting if postmarked after the sixteenth day of October, or
if not postmarked or the postmark is not legible, if received
by mail after the twenty-first day of October following the
call of the election. The superintendent of public instruction
and an election board comprised of three persons appointed
by the state board of education shall count and tally the
votes and the electoral points accruing therefrom not later
than the twenty-fifth day of October. The votes shall be
counted and tallied and electoral points determined in the
following manner for the ballot cast by common school
district board directors: Each vote cast by a school director
shall be accorded as many electoral points as there are enrolled students in that director’s school district as determined
by the enrollment reports forwarded to the state superintendent of public instruction for apportionment purposes for the
month of September of the year of election: PROVIDED,
That school directors from a school district which has more
than five directors shall have their electoral points based
upon enrollment recomputed by multiplying such number by
a fraction, the denominator of which shall be the number of
directors in such district, and the numerator of which shall
be five; the electoral points shall then be tallied for each
candidate as the votes are counted; and it shall be the
majority of electoral points which determines the winning
candidate. The votes shall be counted and electoral points
determined in the following manner for the ballots cast by
chairs of the board of directors of each private school: Each
vote cast by a private school board shall be accorded as
many electoral points as the number of enrolled students in
(2002 Ed.)
State Board of Education
the respective school as determined by enrollment reports
forwarded to the superintendent of public instruction for the
month of September in the year previous to the year of
election and it shall be the majority of electoral points which
determines the winning candidate. If no candidate receives
a majority of the electoral points cast, then, not later than the
first day of November, the superintendent of public instruction shall call a second election to be conducted in the same
manner and at which the candidates shall be the two candidates receiving the highest number of electoral points
accruing from such votes cast. No vote cast at such second
election shall be received for counting if postmarked after
the sixteenth day of November, or if not postmarked or the
postmark is not legible, if received by mail after the twentyfirst day of November and the votes shall be counted as
hereinabove provided on the twenty-fifth day of November.
The candidate receiving a majority of electoral points
accruing from the votes at any such second election shall be
declared elected. In the event of a tie in such second
election, the candidate elected shall be determined by a
chance drawing of a nature established by the superintendent
of public instruction. Within ten days following the count of
votes in an election at which a member of the state board of
education is elected, the superintendent of public instruction
shall certify to the secretary of state the name or names of
the persons elected to be members of the state board of
education. [1990 c 33 § 262; 1981 c 38 § 3; 1980 c 179 §
5; 1975 c 19 § 2; 1969 ex.s. c 283 § 25; 1969 ex.s. c 223 §
28A.04.060. Prior: 1967 c 158 § 1; 1955 c 218 § 4; 1947
c 258 § 3; Rem. Supp. 1947 § 4525-2. Formerly RCW
28A.04.060, 28.04.060, 43.63.030.]
Severability—1981 c 38: See note following RCW 28A.305.020.
Severability—1980 c 179: See note following RCW 28A.305.010.
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28A.305.070 Action to contest election—Grounds—
Procedure. Any common school district board member or
any private school board member eligible to vote for a candidate for membership on the state board of education or any
candidate for the position, within ten days after the state
superintendent of public instruction’s certification of election,
may contest the election of the candidate for any of the
following causes:
(1) For malconduct on the part of the state superintendent of public instruction or any member of the election
board with respect to such election;
(2) Because the person whose right is being contested
was not eligible for membership on the state board of
education at the time the person was certified as elected;
(3) Because the person whose right is being contested
gave a bribe or reward to a voter or to an inspector, judge or
clerk of the election for the purpose of procuring the
person’s election, or offered to do so;
(4) On account of illegal votes.
An action contesting an election pursuant to this section
shall be conducted in compliance with RCW 29.65.020 and
29.65.040 through 29.65.120, as now or hereafter amended.
[1980 c 179 § 6; 1975 c 19 § 1. Formerly RCW
28A.04.065.]
(2002 Ed.)
28A.305.060
Severability—1980 c 179: See note following RCW 28A.305.010.
28A.305.080 Terms of office. The term of office of
each member of the state board of education shall begin on
the second Monday in January next following the election at
which he or she was elected, and he or she shall hold office
for the term for which he or she was elected and until his or
her successor is elected and qualified. Except as otherwise
provided in RCW 28A.305.030, each member of the state
board of education shall be elected for a term of four years.
[1992 c 56 § 2; 1990 c 33 § 263; 1969 ex.s. c 223 §
28A.04.070. Prior: 1955 c 218 § 7; 1947 c 258 § 9; Rem.
Supp. 1947 § 4525-8. Formerly RCW 28A.04.070,
28.04.070, 43.63.090.]
28A.305.090 Vacancies, filling. Whenever there shall
be a vacancy upon the state board of education, from any
cause whatever, it shall be the duty of the remaining
members of the board to fill such vacancy by appointment,
and the person so appointed shall continue in office until his
or her successor has been specially elected, as hereinafter in
this section provided, and has qualified. Whenever a
vacancy occurs, the superintendent of public instruction shall
call, in the month of August next following the date of the
occurrence of such vacancy, a special election to be held in
the same manner as other elections provided for in this
chapter, at which election a successor shall be elected to
hold office for the unexpired term of the member whose
office was vacated. [1990 c 33 § 264; 1969 ex.s. c 223 §
28A.04.080. Prior: 1955 c 218 § 8; 1947 c 258 § 10; Rem.
Supp. 1947 § 4525-9. Formerly RCW 28A.04.080,
28.04.080, 43.63.100.]
28A.305.100 Superintendent as ex officio member
and chief executive officer of board. The state board of
education shall annually elect a president and vice president.
The superintendent of public instruction shall be an ex
officio member and the chief executive officer of the board.
As such ex officio member the superintendent shall have the
right to vote only when there is a question before the board
upon which no majority opinion has been reached among the
board members present and voting thereon and the
superintendent’s vote is essential for action thereon. The
superintendent, as chief executive officer of the board, shall
furnish all necessary record books and forms for its use, and
shall represent the board in directing the work of school
inspection. [1982 c 160 § 1; 1969 ex.s. c 223 § 28A.04.090.
Prior: 1967 c 158 § 2; 1909 c 97 p 235 § 2; RRS § 4526.
Formerly RCW 28A.04.090, 28.04.090, 43.63.110.]
Severability—1982 c 160: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 160 § 4.]
28A.305.110 Executive director—Secretary of
board. The state board of education may appoint an
executive director who shall also serve as secretary of the
board. The state board of education may also appoint other
state board office assistants and clerical persons to perform
duties in support of the activities of the state board and such
other duties including duties involving supervision over
[Title 28A RCW—page 85]
28A.305.110
Title 28A RCW: Common School Provisions
matters pertaining to the public schools as the superintendent
of public instruction may delegate to the state board. The
secretary shall keep a correct record of board proceedings
and, upon request, furnish to any person a copy of such
proceedings. The executive director, his or her confidential
secretary, and administrative assistants in the offices of the
state board of education and superintendent of public instruction designated by the superintendent are exempt from civil
service, together with other staff as now or hereafter designated as exempt in accordance with chapter 41.06 RCW.
[1996 c 25 § 1; 1990 c 33 § 265; 1982 c 160 § 3; 1969 ex.s.
c 223 § 28A.04.100. Prior: 1909 c 97 p 235 § 3; RRS §
4527. Formerly RCW 28A.04.100, 28.04.100, 43.63.120.]
Severability—1982 c 160: See note following RCW 28A.305.100.
Records of meetings kept by superintendent of public instruction: RCW
28A.300.040.
28A.305.120 Meetings—Compensation and travel
expenses of members. The state board of education shall
hold an annual meeting and such other regular meetings at
such time and place within the state as the board shall
determine and may hold such special meetings as may be
deemed necessary for the transaction of public business, such
special meetings to be called by the superintendent of public
instruction, or by a majority of the board. The persons
serving as members of the state board of education shall be
compensated in accordance with RCW 43.03.240 and shall
be reimbursed by the superintendent of public instruction for
travel expenses in accordance with RCW 43.03.050 and
43.03.060 incurred in the performance of their duties which
expenses shall be paid by the state treasurer on warrants out
of funds appropriated or otherwise available, upon the order
of the superintendent. [1984 c 287 § 60; 1975-’76 2nd ex.s.
c 34 § 67; 1973 c 106 § 13; 1969 ex.s. c 223 § 28A.04.110.
Prior: 1909 c 97 p 235 § 4; RRS § 4528. Formerly RCW
28A.04.110, 28.04.110, 43.63.130.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Records of meetings kept by superintendent of public instruction: RCW
28A.300.040.
State treasurer to issue state warrants: RCW 43.88.160.
28A.305.130 Powers and duties generally. In
addition to any other powers and duties as provided by law,
the state board of education shall:
(1) Approve or disapprove the program of courses
leading to teacher, school administrator, and school specialized personnel certification offered by all institutions of
higher education within the state which may be accredited
and whose graduates may become entitled to receive such
certification.
(2) Conduct every five years a review of the program
approval standards, including the minimum standards for
teachers, administrators, and educational staff associates, to
reflect research findings and assure continued improvement
of preparation programs for teachers, administrators, and
educational staff associates.
(3) Investigate the character of the work required to be
performed as a condition of entrance to and graduation from
any institution of higher education in this state relative to
[Title 28A RCW—page 86]
such certification as provided for in subsection (1) of this
section, and prepare a list of accredited institutions of higher
education of this and other states whose graduates may be
awarded such certificates.
(4)(a) The state board of education shall adopt rules to
allow a teacher certification candidate to fulfill, in part,
teacher preparation program requirements through work
experience as a classified teacher’s aide in a public school or
private school meeting the requirements of RCW
28A.195.010. The rules shall include, but are not limited to,
limitations based upon the recency of the teacher preparation
candidate’s teacher aide work experience, and limitations
based on the amount of work experience that may apply
toward teacher preparation program requirements under this
chapter.
(b) The state board of education shall require that at the
time of the individual’s enrollment in a teacher preparation
program, the supervising teacher and the building principal
shall jointly provide to the teacher preparation program of
the higher education institution at which the teacher candidate is enrolled, a written assessment of the performance of
the teacher candidate. The assessment shall contain such
information as determined by the state board of education
and shall include: Evidence that at least fifty percent of the
candidate’s work as a classified teacher’s aide was involved
in instructional activities with children under the supervision
of a certificated teacher and that the candidate worked a
minimum of six hundred thirty hours for one school year;
the type of work performed by the candidate; and a recommendation of whether the candidate’s work experience as a
classified teacher’s aide should be substituted for teacher
preparation program requirements. In compliance with such
rules as may be established by the state board of education
under this section, the teacher preparation programs of the
higher education institution where the candidate is enrolled
shall make the final determination as to what teacher
preparation program requirements may be fulfilled by teacher
aide work experience.
(5) Supervise the issuance of such certificates as
provided for in subsection (1) of this section and specify the
types and kinds of certificates necessary for the several
departments of the common schools by rule or regulation in
accordance with RCW 28A.410.010.
(6) Accredit, subject to such accreditation standards and
procedures as may be established by the state board of
education, all schools that apply for accreditation, and
approve, subject to the provisions of RCW 28A.195.010,
private schools carrying out a program for any or all of the
grades kindergarten through twelve: PROVIDED, That no
private school may be approved that operates a kindergarten
program only: PROVIDED FURTHER, That no public or
private schools shall be placed upon the list of accredited
schools so long as secret societies are knowingly allowed to
exist among its students by school officials: PROVIDED
FURTHER, That the state board may elect to require all or
certain classifications of the public schools to conduct and
participate in such preaccreditation examination and evaluation processes as may now or hereafter be established by the
board.
(7) Make rules and regulations governing the establishment in any existing nonhigh school district of any secondary program or any new grades in grades nine through
(2002 Ed.)
State Board of Education
twelve. Before any such program or any new grades are
established the district must obtain prior approval of the state
board.
(8) Prepare such outline of study for the common
schools as the board shall deem necessary, and prescribe
such rules for the general government of the common
schools, as shall seek to secure regularity of attendance,
prevent truancy, secure efficiency, and promote the true
interest of the common schools.
(9) Continuously reevaluate courses and adopt and
enforce regulations within the common schools so as to meet
the educational needs of students and articulate with the
institutions of higher education and unify the work of the
public school system.
(10) Carry out board powers and duties relating to the
organization and reorganization of school districts under
*RCW 28A.315.010 through 28A.315.680 and 28A.315.900.
(11) Hear and decide appeals as otherwise provided by
law.
The state board of education is given the authority to
promulgate information and rules dealing with the prevention
of child abuse for purposes of curriculum use in the common
schools. [2002 c 205 § 3; 1997 c 13 § 5; 1996 c 83 § 1;
1995 c 369 § 9; 1991 c 116 § 11; 1990 c 33 § 266. Prior:
1987 c 464 § 1; 1987 c 39 § 1; prior: 1986 c 266 § 86;
1986 c 149 § 3; 1984 c 40 § 2; 1979 ex.s. c 173 § 1;
1975-’76 2nd ex.s. c 92 § 1; 1975 1st ex.s. c 275 § 50; 1974
ex.s. c 92 § 1; 1971 ex.s. c 215 § 1; 1971 c 48 § 2; 1969
ex.s. c 223 § 28A.04.120; prior: 1963 c 32 § 1; 1961 c 47
§ 1; prior: (i) 1933 c 80 § 1; 1915 c 161 § 1; 1909 c 97 p
236 § 5; 1907 c 240 § 3; 1903 c 104 § 12; 1897 c 118 § 27;
1895 c 150 § 1; 1890 p 352 § 8; Code 1881 § 3165; RRS §
4529. (ii) 1919 c 89 § 3; RRS § 4684. (iii) 1909 c 97 p
238 § 6; 1897 c 118 § 29; RRS § 4530. Formerly RCW
28A.04.120, 28.04.120, 28.58.280, 28.58.281, 28.58.282,
43.63.140.]
*Reviser’s note: RCW 28A.315.010 through 28A.315.680 and
28A.315.900 were repealed or recodified by 1999 c 315.
Findings—Severability—Effective dates—2002 c 205 §§ 2, 3, and
4: See notes following RCW 28A.320.125.
Effective date—1995 c 369: See note following RCW 43.43.930.
Severability—1986 c 266: See note following RCW 38.52.005.
Severability—1984 c 40: See note following RCW 28A.195.050.
Severability—1975-’76 2nd ex.s. c 92: "If any provision of this 1976
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 92 § 6.]
Child abuse and neglect—Development of primary prevention program:
RCW 28A.300.160.
Districts to develop programs and establish programs regarding child
abuse and neglect prevention: RCW 28A.225.200.
Professional certification not to be required of superintendents, deputy or
assistant superintendents: RCW 28A.410.120.
Use of force on children—Policy—Actions presumed unreasonable: RCW
9A.16.100.
28A.305.140 Waiver from provisions of RCW
28A.150.200 through 28A.150.220 authorized. The state
board of education may grant waivers to school districts
from the provisions of RCW 28A.150.200 through
28A.150.220 on the basis that such waiver or waivers are
necessary to implement successfully a local plan to provide
for all students in the district an effective education system
(2002 Ed.)
28A.305.130
that is designed to enhance the educational program for each
student. The local plan may include alternative ways to
provide effective educational programs for students who
experience difficulty with the regular education program.
The state board shall adopt criteria to evaluate the need
for the waiver or waivers. [1990 c 33 § 267; (1992 c 141 §
302 expired September 1, 2000); 1985 c 349 § 6. Formerly
RCW 28A.04.127.]
Contingent expiration date—1992 c 141 § 302: "Section 302,
chapter 141, Laws of 1992 shall expire September 1, 2000, unless by
September 1, 2000, a law is enacted stating that a school accountability and
academic assessment system is not in place." [1994 c 245 § 11; 1992 c 141
§ 508.] That law was not enacted by September 1, 2000.
Severability—1985 c 349: See note following RCW 28A.150.260.
28A.305.145 Application process for waivers under
RCW 28A.305.140. School districts may use the application
process in *RCW 28A.300.138 to apply for waivers under
RCW 28A.305.140. [1993 c 336 § 302.]
*Reviser’s note: RCW 28A.300.138 was repealed by 1999 c 388 §
603.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.305.160 Rules incorporating due process
guarantees of pupils—Informal due process procedures
when suspension of students. (1) The state board of
education shall adopt and distribute to all school districts
lawful and reasonable rules prescribing the substantive and
procedural due process guarantees of pupils in the common
schools. Such rules shall authorize a school district to use
informal due process procedures in connection with the
short-term suspension of students to the extent constitutionally permissible: PROVIDED, That the state board deems the
interest of students to be adequately protected. When a
student suspension or expulsion is appealed, the rules shall
authorize a school district to impose the suspension or
expulsion temporarily after an initial hearing for no more
than ten consecutive school days or until the appeal is decided, whichever is earlier. Any days that the student is
temporarily suspended or expelled before the appeal is
decided shall be applied to the term of the student suspension or expulsion and shall not limit or extend the term of
the student suspension or expulsion.
(2) Short-term suspension procedures may be used for
suspensions of students up to and including, ten consecutive
school days. [1996 c 321 § 2; 1975-’76 2nd ex.s. c 97 § 1;
1971 ex.s. c 268 § 2. Formerly RCW 28A.04.132.]
28A.305.170 Rules authorizing national guard high
school career training and national guard youth challenge program. (1) In addition to any other powers and
duties as provided by law, the state board of education shall
adopt rules governing and authorizing the acceptance of
national guard high school career training and the national
guard youth challenge program in lieu of either required high
school credits or elective high school credits.
(2) With the exception of students enrolled in the
national guard youth challenge program, students enrolled in
such national guard programs shall be considered enrolled in
[Title 28A RCW—page 87]
28A.305.170
Title 28A RCW: Common School Provisions
the common school last attended preceding enrollment in
such national guard program.
(3) The board shall adopt rules to ensure that students
who successfully complete the national guard youth challenge program are granted an appropriate number of high
school credits, based on the students’ levels of academic
proficiency as measured by the program. [2002 c 291 § 3;
1975 1st ex.s. c 262 § 1. Formerly RCW 28A.04.133.]
28A.305.190 Eligibility to take general educational
development test. The state board of education shall adopt
rules governing the eligibility of a child sixteen years of age
and under nineteen years of age to take the general educational development test if the child provides a substantial and
warranted reason for leaving the regular high school education program, or if the child was home-schooled. [1993 c
218 § 1; 1991 c 116 § 5; 1973 c 51 § 2. Formerly RCW
28A.04.135.]
Severability—1973 c 51: See note following RCW 28A.225.010.
Waiver of fees or residency requirements at community colleges for students
completing a high school education: RCW 28B.15.520.
28A.305.200 Seal. The state board of education shall
adopt a seal which shall be kept in the office of the superintendent of public instruction. [1969 ex.s. c 223 §
28A.04.140. Prior: 1909 c 97 p 238 § 7; RRS § 4531.
Formerly RCW 28A.04.140, 28.04.140, 28.01.040, part,
43.63.160.]
28A.305.210 Assistance of educational service
district boards and superintendents—Scope. The state
board of education, by rule or regulation, may require the
assistance of educational service district boards and/or
superintendents in the performance of any duty, authority, or
power imposed upon or granted to the state board of
education by law, upon such terms and conditions as the
state board of education shall establish. Such authority to
assist the state board of education shall be limited to the
service function of information collection and dissemination
and the attestment to the accuracy and completeness of
submitted information. [1975 1st ex.s. c 275 § 51; 1971
ex.s. c 282 § 30. Formerly RCW 28A.04.145.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.305.220 Development of standardized high
school transcripts—School districts to inform students of
importance. (1) The state board of education shall develop
for use by all public school districts a standardized high
school transcript. The state board of education shall establish clear definitions for the terms "credits" and "hours" so
that school programs operating on the quarter, semester, or
trimester system can be compared.
(2) Transcripts are important documents to students who
will apply for admission to postsecondary institutions of
higher education. Transcripts are also important to students
who will seek employment upon or prior to graduation from
high school. It is recognized that student transcripts may be
the only record available to employers in their decisionmaking processes regarding prospective employees. The
superintendent of public instruction shall require school
[Title 28A RCW—page 88]
districts to inform annually all high school students that prospective employers may request to see transcripts and that
the prospective employee’s decision to release transcripts can
be an important part of the process of applying for employment. [1984 c 178 § 1. Formerly RCW 28A.04.155.]
High school diplomas—Receiving final transcript optional: RCW
28A.230.120.
28A.305.280 Forum for education issues. In
exercising the state board of education’s authority to establish high school credit equivalencies for credits earned at
institutions of higher education, the state board of education
has highlighted the need for an ongoing forum that encourages the various education entities to provide each other with
advice and counsel as rules and policies are adopted that
have implications for students in all sectors of the state’s
education system. The legislature appreciates the willingness
of the state board of education to consider any recommendations from the task force created in RCW 28A.305.285 and
to delay until September 1995, implementation of its rule
establishing course equivalencies. Ultimately the issue of
credit equivalencies must be decided within the broad
context of education reform and the desire of the legislature
to provide options for students to move through the system
without meeting bureaucratic barriers to individual educational success. [1994 c 222 § 1.]
Effective date—1994 c 222: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 1, 1994]." [1994 c 222 § 4.]
28A.305.285 Forum for education issues—Task
force. By May 1, 1994, or as soon as possible thereafter,
the higher education coordinating board and the state board
of education shall convene a task force creating a forum for
ongoing discussion of curriculum issues that transect higher
education and the common schools. In selecting members
of the task force, the boards shall consult the office of the
superintendent of public instruction, the commission on student learning, the state board for community and technical
colleges, the work force training and education coordinating
board, the Washington council on high school-college
relations, representatives of the four-year institutions, representatives of the school directors, the school and district
administrators, teachers, higher education faculty, students,
counselors, vocational directors, parents, and other interested
organizations. The process shall be designed to provide
advice and counsel to the appropriate boards on topics that
may include but are not limited to: (1) The changing nature
of educational instruction and crediting, and awarding
appropriate credit for knowledge and competencies learned
in a variety of ways in both institutions of higher education
and high schools; (2) options for students to enroll in
programs and institutions that will best meet the students’
needs and educational goals; and (3) articulation agreements
between institutions of higher education and high schools.
[1997 c 222 § 3; 1994 c 222 § 2.]
Intent—1997 c 222: See note following RCW 28A.230.090.
Effective date—1994 c 222: See note following RCW 28A.305.280.
(2002 Ed.)
Educational Service Districts
Chapter 28A.310
EDUCATIONAL SERVICE DISTRICTS
Sections
28A.310.010
28A.310.020
28A.310.030
28A.310.040
28A.310.050
28A.310.060
28A.310.070
28A.310.080
28A.310.090
28A.310.100
28A.310.110
28A.310.120
28A.310.130
28A.310.140
28A.310.150
28A.310.160
28A.310.170
28A.310.180
28A.310.190
28A.310.200
28A.310.210
28A.310.220
28A.310.230
28A.310.240
28A.310.250
28A.310.260
28A.310.270
28A.310.280
28A.310.290
28A.310.300
28A.310.310
28A.310.320
28A.310.330
28A.310.340
(2002 Ed.)
Purpose.
Changes in number of, boundaries—Initiating, hearings, considerations—Superintendent’s duties.
ESD board—Members—Number, from board-member
districts—Board-member district boundaries, determination of, changes in.
ESD board—Members—Terms.
ESD board—Members—Terms, when nine member
board.
ESD board—Members—Terms, begin when—
Vacancies, filling of.
ESD board—Members—Restriction on other service.
ESD board—Members—Elections, calling and notice
of.
ESD board—Members—Elections, filing of declarations of candidacy.
ESD board—Members—Elections, procedure—
Certification of results.
ESD board—Members—Elections, contest of.
ESD board—Return to seven member board.
ESD board—Vacation of board member position because of failure to attend meetings.
School district to be entirely within single educational
service district.
ESD board—Members, qualification, oath, bond—
Organization—Quorum.
ESD board—Reimbursement of members for expenses.
ESD superintendent—Appointment, procedure—Term,
salary, discharge—ESD superintendent review
committee.
ESD board—Compliance with rules and regulations—
Depository and distribution center—Cooperative
service programs, joint purchasing programs, and
direct student service programs including pupil
transportation.
ESD board—Teachers’ institutes, directors’ meetings—
Cooperation with state supervisor—Certification of
data.
ESD board—District budgets—Meetings—Personnel
approval—Employee bonds—School district
boundary transcripts—Acquisition and disposal of
property—Cooperative and informational services—Bylaws, rules—Contractual authority.
ESD board—Payment of member expenses—Payment
of dues into statewide association of board members, restrictions.
ESD board—Delegation of powers and duties to superintendent.
Assistant superintendents and other personnel—
Appointment, salaries, duties.
Employee leave policy required.
Certificated employees of district—Contracts of employment—Nonrenewal of contracts—Notice.
Certificated employees of district—Adverse change in
contract status—Notice—Probable cause—
Review—Appeal.
ESD superintendent’s powers and duties—Chief executive officer.
ESD superintendent’s powers and duties—Records and
reports.
ESD superintendent’s powers and duties—Oaths and
affirmations.
ESD superintendent’s powers and duties—Generally.
Headquarters office—Records transferred, state board
duties.
ESD superintendents, employees—Travel expenses and
subsistence—Advance payment.
Budgeting procedures for districts.
Identification of core services for budget purposes—
Generally.
Chapter 28A.310
28A.310.350
Identification of core services for budget purposes—
Specific services listed.
28A.310.360
Identification of core services for budget purposes—
Formula utilized for ESD’s biennial budget request.
28A.310.370
District budget—State funds, allocation of—District
general expense fund—Created, deposits, expenditures.
28A.310.390
District budget request—Procedure for approval.
28A.310.400
Legal services.
28A.310.410
Ex officio treasurer of district.
28A.310.420
County or intermediate district superintendent and
board employees to terminate or transfer employment—Benefits retained.
28A.310.430
Local school district superintendents to advise board
and superintendent.
28A.310.440
ESD as self-insurer—Authority.
28A.310.460
Contracts to lease building space and portable buildings and lease or have maintained security systems, computers and other equipment.
28A.310.470
Delegation to ESD of SPI program, project or service—Contract.
28A.310.480
Delegation to ESD of state board of education program, project or service—Contract.
28A.310.490
ESD employee attendance incentive program—
Remuneration or benefit plan for unused sick
leave.
Chapter not to apply to certain materials printed in educational service
district: RCW 82.04.600.
Interlocal cooperation act: Chapter 39.34 RCW.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
Regional educational technology support centers—Advisory councils: See
RCW 28A.650.020.
Special education medical services: RCW 74.09.5253.
28A.310.010 Purpose. It shall be the intent and
purpose of this chapter to establish educational service
districts as regional agencies which are intended to:
(1) Provide cooperative and informational services to
local school districts;
(2) Assist the superintendent of public instruction and
the state board of education in the performance of their
respective statutory or constitutional duties; and
(3) Provide services to school districts and to the school
for the deaf and the school for the blind to assure equal
educational opportunities. [1988 c 65 § 1; 1977 ex.s. c 283
§ 1; 1975 1st ex.s. c 275 § 1; 1971 ex.s. c 282 § 1; 1969
ex.s. c 176 § 1. Formerly RCW 28A.21.010, 28.19.500.]
Severability—1977 ex.s. c 283: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 283 § 26.]
Severability—1971 ex.s. c 282: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 282 § 45.]
Rights preserved—1969 ex.s. c 176: "The amendment or repeal of
any section referred to herein shall not be construed as affecting any
existing right acquired under the provisions of the statutes amended or
repealed nor any rule, regulation or order adopted pursuant thereto nor as
affecting any proceeding as instituted thereunder." [1969 ex.s. c 176 § 160.]
Severability—1969 ex.s. c 176: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 176 § 161.]
[Title 28A RCW—page 89]
28A.310.020
Title 28A RCW: Common School Provisions
28A.310.020 Changes in number of, boundaries—
Initiating, hearings, considerations—Superintendent’s
duties. The state board of education upon its own initiative,
or upon petition of any educational service district board, or
upon petition of at least half of the district superintendents
within an educational service district, or upon request of the
superintendent of public instruction, may make changes in
the number and boundaries of the educational service
districts, including an equitable adjustment and transfer of
any and all property, assets, and liabilities among the
educational service districts whose boundaries and duties and
responsibilities are increased and/or decreased by such
changes, consistent with the purposes of RCW 28A.310.010:
PROVIDED, That no reduction in the number of educational
service districts will take effect after June 30, 1995, without
a majority approval vote by the affected school directors
voting in such election by mail ballot. Prior to making any
such changes, the state board shall hold at least one public
hearing on such proposed action and shall consider any
recommendations on such proposed action.
The state board in making any change in boundaries
shall give consideration to, but not be limited by, the
following factors: Size, population, topography, and climate
of the proposed district.
The superintendent of public instruction shall furnish
personnel, material, supplies, and information necessary to
enable educational service district boards and superintendents
to consider the proposed changes. [1994 sp.s. c 6 § 513;
1993 sp.s. c 24 § 522; 1990 c 33 § 270; 1977 ex.s. c 283 §
2; 1971 ex.s. c 282 § 2; 1969 ex.s. c 176 § 2. Formerly
RCW 28A.21.020, 28.19.505.]
Severability—1994 sp.s. c 6: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 sp.s. c 6 § 904.]
Effective date—1994 sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [April 6, 1994]." [1994 sp.s. c 6 § 905.]
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.030 ESD board—Members—Number, from
board-member districts—Board-member district boundaries, determination of, changes in. Except as otherwise
provided in this chapter, in each educational service district
there shall be an educational service district board consisting
of seven members elected by the school directors of the
educational service district, one from each of seven educational service district board-member districts. Board-member
districts in districts reorganized under RCW 28A.310.020, or
as provided for in RCW 28A.310.120 and under this section,
shall be initially determined by the state board of education.
If a reorganization pursuant to RCW 28A.310.020 places the
residence of a board member into another or newly created
educational service district, such member shall serve on the
board of the educational service district of residence and at
[Title 28A RCW—page 90]
the next election called by the secretary to the state board of
education pursuant to RCW 28A.310.080 a new seven
member board shall be elected. If the redrawing of boardmember district boundaries pursuant to this chapter shall
cause the resident board-member district of two or more
board members to coincide, such board members shall
continue to serve on the board and at the next election called
by the secretary to the state board of education a new board
shall be elected. The board-member districts shall be
arranged so far as practicable on a basis of equal population,
with consideration being given existing board members of
existing educational service district boards. Each educational
service district board member shall be elected by the school
directors of each school district within the educational
service district. Beginning in 1971 and every ten years
thereafter, educational service district boards shall review
and, if necessary, shall change the boundaries of boardmember districts so as to provide so far as practicable equal
representation according to population of such board-member
districts and to conform to school district boundary changes:
PROVIDED, That all board-member district boundaries, to
the extent necessary to conform with this chapter, shall be
immediately redrawn for the purposes of the next election
called by the secretary to the state board of education
following any reorganization pursuant to this chapter. Such
district board, if failing to make the necessary changes prior
to June 1 of the appropriate year, shall refer for settlement
questions on board-member district boundaries to the state
board of education, which, after a public hearing, shall
decide such questions. [1990 c 33 § 271; 1977 ex.s. c 283
§ 14; 1975 1st ex.s. c 275 § 3; 1974 ex.s. c 75 § 1; 1971
ex.s. c 282 § 3; 1969 ex.s. c 176 § 3. Formerly RCW
28A.21.030, 28.19.510.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 75 § 24.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
City, town, and district general elections—Exceptions—Special elections:
RCW 29.13.020.
County auditor designated supervisor of certain elections: RCW 29.04.020.
Notice of election—Certification of measures—Validation of certain school
bond elections: RCW 29.27.080.
28A.310.040 ESD board—Members—Terms. The
term of office for each board member shall be four years
and until a successor is duly elected and qualified. For the
first election or an election following reorganization, boardmember district positions numbered one, three, five, and
seven in each educational service district shall be for a term
of four years and positions numbered two, four, and six shall
be for a term of two years. [1975 1st ex.s. c 275 § 5; 1974
ex.s. c 75 § 4. Formerly RCW 28A.21.0303.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
(2002 Ed.)
Educational Service Districts
28A.310.050 ESD board—Members—Terms, when
nine member board. Any educational service district board
may elect by resolution of the board to increase the board
member size to nine board members. In such case positions
number eight and nine shall be filled at the next election
called by the secretary to the state board of education,
position numbered eight to be for a term of two years,
position numbered nine to be for a term of four years.
Thereafter the terms for such positions shall be for four
years. [1977 ex.s. c 283 § 19; 1975 1st ex.s. c 275 § 6;
1974 ex.s. c 75 § 5. Formerly RCW 28A.21.0304.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.060 ESD board—Members—Terms, begin
when—Vacancies, filling of. The term of every educational
service district board member shall begin on the second
Monday in January next following the election at which he
or she was elected: PROVIDED, That a person elected to
less than a full term pursuant to this section shall take office
as soon as the election returns have been certified and he or
she has qualified. In the event of a vacancy in the board
from any cause, such vacancy shall be filled by appointment
of a person from the same board-member district by the
educational service district board. In the event that there are
more than three vacancies in a seven-member board or four
vacancies in a nine-member board, the state board of
education shall fill by appointment sufficient vacancies so
that there shall be a quorum of the board serving. Each
appointed board member shall serve until his or her successor has been elected at the next election called by the
secretary to the state board of education and has qualified.
[1977 ex.s. c 283 § 20; 1975 1st ex.s. c 275 § 7; 1974 ex.s.
c 75 § 6. Formerly RCW 28A.21.0305.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.070 ESD board—Members—Restriction on
other service. No person shall serve as an employee of a
school district or as a member of a board of directors of a
common school district or as a member of the state board of
education and as a member of an educational service district
board at the same time. [1975 1st ex.s. c 275 § 8; 1974
ex.s. c 75 § 7. Formerly RCW 28A.21.0306.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.080 ESD board—Members—Elections,
calling and notice of. On or before the twenty-fifth day of
August, 1978, and not later than the twenty-fifth day of
August of every subsequent year, the secretary to the state
board of education shall call an election to be held in each
educational service district within which resides a member
of the board of the educational service district whose term of
office expires on the second Monday of January next
following, and shall give written notice thereof to each
member of the board of directors of each school district in
such educational service district. Such notice shall include
(2002 Ed.)
28A.310.050
instructions, rules, and regulations established by the state
board of education for the conduct of the election. [1977
ex.s. c 283 § 15. Formerly RCW 28A.21.031.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.090 ESD board—Members—Elections,
filing of declarations of candidacy. Candidates for
membership on an educational service district board shall file
declarations of candidacy with the secretary to the state
board of education on forms prepared by the secretary.
Declarations of candidacy may be filed by person or by mail
not earlier than the first day of September, nor later than the
sixteenth day of September. The secretary to the state board
of education may not accept any declaration of candidacy
that is not on file in his or her office or is not postmarked
before the seventeenth day of September. [1977 ex.s. c 283
§ 16. Formerly RCW 28A.21.032.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.100 ESD board—Members—Elections,
procedure—Certification of results. Each member of an
educational service district board shall be elected by a
majority of the votes cast at the election for all candidates
for the position. All votes shall be cast by mail addressed
to the secretary to the state board of education and no votes
shall be accepted for counting if postmarked after the
sixteenth day of October or if not postmarked or the postmark is not legible, if received by mail after the twenty-first
day of October following the call of the election. The
secretary to the state board of education and an election
board comprised of three persons appointed by the state
board of education shall count and tally the votes not later
than the twenty-fifth day of October in the following
manner: Each vote cast by a school director shall be
accorded as one vote. If no candidate receives a majority of
the votes cast, then, not later than the first day of November,
the secretary to the state board of education shall call a
second election to be conducted in the same manner and at
which the candidates shall be the two candidates receiving
the highest number of votes cast. No vote cast at such
second election shall be received for counting if postmarked
after the sixteenth day of November or if not postmarked or
the postmark is not legible, if received by mail after the
twenty-first day of November and the votes shall be counted
as hereinabove provided on the twenty-fifth day of November. The candidate receiving a majority of votes at any such
second election shall be declared elected. In the event of a
tie in such second election, the candidate elected shall be
determined by a chance drawing of a nature established by
the secretary to the state board of education. Within ten
days following the count of votes in an election at which a
member of an educational service district board is elected,
the secretary to the state board of education shall certify to
the county auditor of the headquarters county of the educational service district the name or names of the persons
elected to be members of the educational service district
board. [1980 c 179 § 7; 1977 ex.s. c 283 § 17. Formerly
RCW 28A.21.033.]
Severability—1980 c 179: See note following RCW 28A.305.010.
[Title 28A RCW—page 91]
28A.310.100
Title 28A RCW: Common School Provisions
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.110 ESD board—Members—Elections,
contest of. Any common school district board member
eligible to vote for a candidate for membership on an
educational service district or any candidate for the position,
within ten days after the secretary to the state board of
education’s certification of election, may contest the election
of the candidate pursuant to RCW 28A.305.070. [1990 c 33
§ 272; 1977 ex.s. c 283 § 18. Formerly RCW 28A.21.034.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.120 ESD board—Return to seven member
board. Any educational service district board which elects
under RCW 28A.310.050 to increase the size of the educational service district board from seven to nine members,
after at least four years, may elect by resolution of the board
to return to a membership of seven educational service board
members. In such case, at the next election a new board
consisting of seven educational service board members shall
be elected in accordance with the provisions of this chapter.
[1990 c 33 § 273; 1977 ex.s. c 283 § 21; 1975 1st ex.s. c
275 § 9; 1974 ex.s. c 75 § 8; 1971 ex.s. c 282 § 4. Formerly RCW 28A.21.035.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.130 ESD board—Vacation of board
member position because of failure to attend meetings.
Absence of any educational service district board member
from four consecutive regular meetings of the board, unless
excused on account of sickness or otherwise authorized by
resolution of the board, shall be sufficient cause for the
members of the educational service district board to declare
by resolution that such board member position is vacated.
[1975 1st ex.s. c 275 § 10; 1971 ex.s. c 282 § 5. Formerly
RCW 28A.21.037.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.140 School district to be entirely within
single educational service district. Every school district
must be included entirely within a single educational service
district. If the boundaries of any school district within an
educational service district are changed in any manner so as
to extend the school district beyond the boundaries of that
educational service district, the state board shall change the
boundaries of the educational service districts so affected in
a manner consistent with the purposes of RCW 28A.310.010
and this section. [1990 c 33 § 274; 1975 1st ex.s. c 275 §
11; 1971 ex.s. c 282 § 6; 1969 ex.s. c 176 § 4. Formerly
RCW 28A.21.040, 28.19.515.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
[Title 28A RCW—page 92]
28A.310.150 ESD board—Members, qualification,
oath, bond—Organization—Quorum. Every candidate for
membership on a educational service district board shall be
a registered voter and a resident of the board-member district
for which such candidate files. On or before the date for
taking office, every member shall make an oath or affirmation to support the Constitution of the United States and the
state of Washington and to faithfully discharge the duties of
the office according to the best of such member’s ability.
The members of the board shall not be required to give bond
unless so directed by the state board of education. At the
first meeting of newly elected members and after the
qualification for office of the newly elected members, each
educational service district board shall reorganize by electing
a chair and a vice chair. A majority of all of the members
of the board shall constitute a quorum. [1990 c 33 § 275;
1977 ex.s. c 283 § 22; 1975 1st ex.s. c 275 § 12; 1971 ex.s.
c 282 § 7; 1969 ex.s. c 176 § 5. Formerly RCW
28A.21.050, 28.19.520.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.160 ESD board—Reimbursement of
members for expenses. The actual expenses of educational
service board members in going to, returning from and
attending meetings called or held pursuant to district business or while otherwise engaged in the performance of their
duties under this chapter shall be paid; all such claims shall
be approved by the educational service district board and
paid from the budget of the educational service district.
[1977 ex.s. c 283 § 3; 1975-’76 2nd ex.s. c 34 § 68; 1975
1st ex.s. c 275 § 13; 1971 ex.s. c 282 § 8; 1969 ex.s. c 176
§ 6. Formerly RCW 28A.21.060, 28.19.525.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.170 ESD superintendent—Appointment,
procedure—Term, salary, discharge—ESD superintendent review committee. (1) Every educational service
district board shall employ and set the salary of an educational service district superintendent who shall be employed
by a written contract for a term to be fixed by the board, but
not to exceed three years, and who may be discharged for
sufficient cause.
(2) There is hereby established within each educational
service district an educational service district superintendent
review committee. Such review committee shall be composed of a subcommittee of the board, two school district
superintendents from within the educational service district
selected by the educational service district board, and a
representative of the state superintendent of public instruction selected by the state superintendent of public instruction.
(2002 Ed.)
Educational Service Districts
(3) Prior to the employment by the educational service
district board of a new educational service district superintendent, the review committee shall screen all applicants
against the established qualifications for the position and
recommend to the board a list of three or more candidates.
The educational service district board shall either select the
new superintendent from the list of three or more candidates,
ask the review committee to add additional names to the list,
or reject the entire list and ask the review committee to
submit three or more additional candidates for consideration.
The educational service district board shall repeat this
process until a superintendent is selected. [2001 c 182 § 1;
1985 c 341 § 7; 1977 ex.s. c 283 § 4. Formerly RCW
28A.21.071.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.180 ESD board—Compliance with rules
and regulations—Depository and distribution center—
Cooperative service programs, joint purchasing programs, and direct student service programs including
pupil transportation. In addition to other powers and
duties as provided by law, every educational service district
board shall:
(1) Comply with rules or regulations of the state board
of education and the superintendent of public instruction.
(2) If the district board deems necessary, establish and
operate for the schools within the boundaries of the educational service district a depository and distribution center for
films, tapes, charts, maps, and other instructional material as
recommended by the school district superintendents within
the service area of the educational service district: PROVIDED, That the district may also provide the services of
the depository and distribution center to private schools
within the district so long as such private schools pay such
fees that reflect actual costs for services and the use of
instructional materials as may be established by the educational service district board.
(3) Establish cooperative service programs for school
districts within the educational service district and joint
purchasing programs for schools within the educational
service district pursuant to RCW 28A.320.080(3): PROVIDED, That on matters relating to cooperative service programs
the board and superintendent of the educational service
district shall seek the prior advice of the superintendents of
local school districts within the educational service district.
(4) Establish direct student service programs for school
districts within the educational service district including pupil
transportation. However, for the provision of state-funded
pupil transportation for special education cooperatives
programs for special education conducted under RCW
28A.155.010 through 28A.155.100, the educational service
district, with the consent of the participating school districts,
shall be entitled to receive directly state apportionment funds
for that purpose: PROVIDED, That the board of directors
and superintendent of a local school district request the
educational service district to perform said service or
services: PROVIDED FURTHER, That the educational
service district board of directors and superintendents agree
to provide the requested services: PROVIDED, FURTHER,
That the provisions of chapter 39.34 RCW are strictly
adhered to: PROVIDED FURTHER, That the educational
(2002 Ed.)
28A.310.170
service district board of directors may contract with the
school for the deaf and the school for the blind to provide
transportation services. [1990 c 33 § 276; 1988 c 65 § 2;
1987 c 508 § 3; 1982 c 46 § 1; 1979 ex.s. c 66 § 1; 1975
1st ex.s. c 275 § 16; 1971 ex.s. c 282 § 11. Formerly RCW
28A.21.086.]
Severability—1979 ex.s. c 66: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 66 § 3.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.190 ESD board—Teachers’ institutes,
directors’ meetings—Cooperation with state supervisor—
Certification of data. In addition to other powers and
duties as provided by law, every educational service district
board shall:
(1) If the district board deems necessary, hold each year
one or more teachers’ institutes as provided for in RCW
28A.415.010 and one or more school directors’ meetings.
(2) Cooperate with the state supervisor of special aid for
children with disabilities as provided in RCW 28A.155.010
through 28A.155.100.
(3) Certify statistical data as basis for apportionment
purposes to county and state officials as provided in chapter
28A.545 RCW.
(4) Perform such other duties as may be prescribed by
law or rule of the state board of education and/or the
superintendent of public instruction as provided in RCW
28A.300.030 and 28A.305.210. [1995 c 77 § 20; 1990 c 33
§ 277; 1983 c 56 § 2; 1981 c 103 § 2; 1975 1st ex.s. c 275
§ 17; 1971 ex.s. c 282 § 12. Formerly RCW 28A.21.088.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.200 ESD board—District budgets—
Meetings—Personnel approval—Employee bonds—School
district boundary transcripts—Acquisition and disposal
of property—Cooperative and informational services—
Bylaws, rules—Contractual authority. In addition to other
powers and duties as provided by law, every educational
service district board shall:
(1) Approve the budgets of the educational service
district in accordance with the procedures provided for in
this chapter.
(2) Meet regularly according to the schedule adopted at
the organization meeting and in special session upon the call
of the chair or a majority of the board.
(3) Approve the selection of educational service district
personnel and clerical staff as provided in RCW
28A.310.230.
(4) Fix the amount of and approve the bonds for those
educational service district employees designated by the
board as being in need of bonding.
(5) Keep in the educational service district office a full
and correct transcript of the boundaries of each school
district within the educational service district.
(6) Acquire by borrowing funds or by purchase, lease,
devise, bequest, and gift and otherwise contract for real and
personal property necessary for the operation of the educa[Title 28A RCW—page 93]
28A.310.200
Title 28A RCW: Common School Provisions
tional service district and to the execution of the duties of
the board and superintendent thereof and sell, lease, or
otherwise dispose of that property not necessary for district
purposes. No real property shall be acquired or alienated
without the prior approval of the state board of education
and the acquisition or alienation of all such property shall be
subject to such provisions as the board may establish. When
borrowing funds for the purpose of acquiring property, the
educational service district board shall pledge as collateral
the property to be acquired. Borrowing shall be evidenced
by a note or other instrument between the district and the
lender.
(7) Under RCW 28A.310.010, upon the written request
of the board of directors of a local school district or districts
served by the educational service district, the educational
service district board of directors may provide cooperative
and informational services not in conflict with other law that
provide for the development and implementation of programs, activities, services, or practices that support the
education of preschool through twelfth grade students in the
public schools or that support the effective, efficient, or safe
management and operation of the school district or districts
served by the educational service district.
(8) Adopt such bylaws and rules and regulations for its
own operation as it deems necessary or appropriate.
(9) Enter into contracts, including contracts with
common and educational service districts and the school for
the deaf and the school for the blind for the joint financing
of cooperative service programs conducted pursuant to RCW
28A.310.180(3), and employ consultants and legal counsel
relating to any of the duties, functions, and powers of the
educational service districts. [2001 c 143 § 1; 1993 c 298
§ 1. Prior: 1990 c 159 § 1; 1990 c 33 § 278; 1988 c 65 §
3; 1983 c 56 § 3; 1975 1st ex.s. c 275 § 18; 1971 ex.s. c
282 § 13; 1971 c 53 § 1; 1969 ex.s. c 176 § 9. Formerly
RCW 28A.21.090, 28.19.540.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—1971 c 53: See note following RCW 28A.323.060.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.210 ESD board—Payment of member
expenses—Payment of dues into statewide association of
board members, restrictions. In addition to other powers
and duties prescribed by law every educational service
district board shall be authorized to:
(1) Pay the expenses of its members in accordance with
law for attendance at statewide meetings of educational
service district board members.
(2) Pay dues from educational service district funds in
an amount not to exceed one hundred dollars per board
member per year for membership in a statewide association
of educational service district board members: PROVIDED,
That dues to such an association shall not be paid unless the
formation of such an association, including its constitution
and bylaws, is approved by a resolution passed by at least
two-thirds of the educational service district boards within
the state: PROVIDED FURTHER, That such association if
formed shall not employ any staff but shall contract either
with the Washington state school directors’ association or
[Title 28A RCW—page 94]
with the superintendent of public instruction for staff and
informational services. [1975 1st ex.s. c 275 § 19; 1971
ex.s. c 282 § 14. Formerly RCW 28A.21.092.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.220 ESD board—Delegation of powers and
duties to superintendent. Each educational service district
board, by written order filed in the headquarters office, may
delegate to the educational service district superintendent any
of the powers and duties vested in or imposed upon the
board by law or rule or regulation of the state board of
education and/or the superintendent of public instruction.
Such delegated powers and duties shall not be in conflict
with rules or regulations of the superintendent of public
instruction or the state board of education and may be
exercised by the educational service district superintendent
in the name of the board. [1975 1st ex.s. c 275 § 20; 1974
ex.s. c 75 § 9; 1971 ex.s. c 282 § 15. Formerly RCW
28A.21.095.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.230 Assistant superintendents and other
personnel—Appointment, salaries, duties. The educational
service district superintendent may appoint with the consent
of the educational service district board assistant superintendents and such other professional personnel and clerical
help as may be necessary to perform the work of the office
at such salaries as may be determined by the educational
service district board and shall pay such salaries out of the
budget of the district. In the absence of the educational
service district superintendent a designated assistant superintendent shall perform the duties of the office. The educational service district superintendent shall have the authority
to appoint on an acting basis an assistant superintendent to
perform any of the duties of the office. [1975 1st ex.s. c
275 § 21; 1974 ex.s. c 75 § 10; 1971 ex.s. c 282 § 16; 1969
ex.s. c 176 § 10. Formerly RCW 28A.21.100, 28.19.545.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Job sharing: RCW 28A.405.070.
28A.310.240 Employee leave policy required. (1)
Every educational service district board shall adopt written
policies granting leaves to persons under contracts of
employment with the district in positions requiring either
certification or classified qualifications, including but not
limited to leaves for attendance at official or private institutes and conferences and sabbatical leaves for employees in
positions requiring certification qualification, and leaves for
illness, injury, bereavement, and emergencies for both
certificated and classified employees, with such compensation as the board prescribes. The board shall adopt written
policies granting annual leave with compensation for illness,
injury, and emergencies as follows:
(2002 Ed.)
Educational Service Districts
(a) For persons under contract with the district for a full
fiscal year, at least ten days;
(b) For persons under contract with the district as parttime employees, at least that portion of ten days as the total
number of days contracted for bears to one hundred eighty
days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve
days per fiscal year. Provisions of any contract in force on
July 23, 1989, which conflict with requirements of this
subsection shall continue in effect until contract expiration;
after expiration, any new contract executed between the
parties shall be consistent with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation the person
would have received had the person not taken the leave
provided in this section;
(e) Leave provided in this section not taken shall
accumulate from fiscal year to fiscal year up to a maximum
of one hundred eighty days for the purposes of RCW
28A.310.490, and for leave purposes up to a maximum of
the number of contract days agreed to in a given contract,
but not greater than one fiscal year. Such accumulated time
may be taken at any time during the fiscal year, or up to
twelve days per year may be used for the purpose of
payments for unused sick leave; and
(f) Accumulated leave under this section shall be
transferred to educational service districts, school districts,
and the office of the superintendent of public instruction, and
from any such district or office to another such district or
office. An intervening customary summer break in employment or the performance of employment duties shall not
preclude such a transfer.
(2) Leave accumulated by a person in a district prior to
leaving the district may, under rules of the board, be granted
to the person when the person returns to the employment of
the district.
(3) Leave for illness or injury accumulated before July
23, 1989, under the administrative practices of an educational service district, and such leave transferred before July 23,
1989, to or from an educational service district, school
district, or the office of the superintendent of public instruction under the administrative practices of the district or
office, is declared valid and shall be added to such leave for
illness or injury accumulated after July 23, 1989. [1997 c 13
§ 6; 1990 c 33 § 279; 1989 c 208 § 1. Formerly RCW
28A.21.102.]
28A.310.250 Certificated employees of district—
Contracts of employment—Nonrenewal of contracts—
Notice. No certificated employee of an educational service
district shall be employed as such except by written contract,
which shall be in conformity with the laws of this state.
Every such contract shall be made in duplicate, one copy of
which shall be retained by the educational service district
superintendent and the other shall be delivered to the
employee.
Every educational service district superintendent or
board determining that there is probable cause or causes that
the employment contract of a certificated employee thereof
(2002 Ed.)
28A.310.240
is not to be renewed for the next ensuing term shall be
notified in writing on or before May 15th preceding the
commencement of such term of that determination or if the
omnibus appropriations act has not passed the legislature by
May 15th, then notification shall be no later than June 1st,
which notification shall specify the cause or causes for
nonrenewal of contract. Such notice shall be served upon
that employee personally, or by certified or registered mail,
or by leaving a copy of the notice at the house of his or her
usual abode with some person of suitable age and discretion
then resident therein. The procedure and standards for the
review of the decision of the hearing officer, superintendent
or board and appeal therefrom shall be as prescribed for
nonrenewal cases of teachers in RCW 28A.405.210,
28A.405.300 through 28A.405.380, and 28A.645.010.
Appeals may be filed in the superior court of any county in
the educational service district. [1996 c 201 § 4; 1990 c 33
§ 280; 1977 ex.s. c 283 § 7; 1975 1st ex.s. c 275 § 22; 1974
ex.s. c 75 § 11; 1971 c 48 § 6; 1969 ex.s. c 34 § 19.
Formerly RCW 28A.21.105.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.310.260 Certificated employees of district—
Adverse change in contract status—Notice—Probable
cause—Review—Appeal. Every educational service district
superintendent or board determining that there is probable
cause or causes for a certificated employee or superintendent, hereinafter referred to as employee, of that educational
service district to be discharged or otherwise adversely
affected in his or her contract status shall notify such
employee in writing of its decision, which notice shall
specify the cause or causes for such action. Such notice
shall be served upon that employee personally, or by certified or registered mail, or by leaving a copy of the notice at
the house of his or her usual abode with some person of
suitable age and discretion then resident therein. The
procedure and standards for review of the decision of the
superintendent or board and appeal therefrom shall be as
prescribed in discharge cases of teachers in RCW
28A.405.210, 28A.405.300 through 28A.405.380, and
28A.645.010. The board and the educational service district
superintendent, respectively, shall have the duties of the
boards of directors and superintendents of school districts in
RCW 28A.405.210, 28A.405.300 through 28A.405.380, and
28A.645.010. Appeals may be filed in the superior court of
any county in the educational service district. [1990 c 33 §
281; 1977 ex.s. c 283 § 8; 1975 1st ex.s. c 275 § 23; 1974
ex.s. c 75 § 12; 1971 c 48 § 7; 1969 ex.s. c 34 § 20.
Formerly RCW 28A.21.106.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.310.270 ESD superintendent’s powers and
duties—Chief executive officer. In addition to other
[Title 28A RCW—page 95]
28A.310.270
Title 28A RCW: Common School Provisions
powers and duties as provided by law, each educational
service district superintendent shall:
(1) Serve as chief executive officer of the educational
service district and secretary of the educational service
district board.
(2) Visit the schools in the educational service district,
counsel with directors and staff, and assist in every possible
way to advance the educational interest in the educational
service district. [1975 1st ex.s. c 275 § 24; 1974 ex.s. c 75
§ 13; 1972 ex.s. c 3 § 1; 1971 ex.s. c 282 § 17; 1969 ex.s.
c 176 § 11. Formerly RCW 28A.21.110, 28.19.550.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.280 ESD superintendent’s powers and
duties—Records and reports. In addition to other powers
and duties as provided by law, each educational service
district superintendent shall:
(1) Perform such record keeping, including such annual
reports as may be required, and liaison and informational
services to local school districts and the superintendent of
public instruction as required by rule or regulation of the
superintendent of public instruction or state board of education: PROVIDED, That the superintendent of public
instruction and the state board of education may require
some or all of the school districts to report information
directly when such reporting procedures are deemed desirable or feasible.
(2) Keep records of official acts of the educational
service district board and superintendents in accordance with
*RCW 28A.21.120, as now or hereafter amended.
(3) Preserve carefully all reports of school officers and
teachers and deliver to the successor of the office all records,
books, documents, and papers belonging to the office either
personally or through a personal representative, taking a
receipt for the same, which shall be filed in the office of the
county auditor in the county where the office is located.
[1975 1st ex.s. c 275 § 25; 1974 ex.s. c 75 § 14. Formerly
RCW 28A.21.111.]
*Reviser’s note: RCW 28A.21.120 was recodified as RCW
28A.310.310 pursuant to 1990 c 33 § 4.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.290 ESD superintendent’s powers and
duties—Oaths and affirmations. In addition to other
powers and duties as provided by law, each educational
service district superintendent shall:
(1) Administer oaths and affirmations to school directors, teachers, and other persons on official matters connected with or relating to schools, when appropriate, but not
make or collect any charge or fee for so doing.
(2) Require the oath of office of all school district
officers be filed as provided in *RCW 28A.315.500 and
furnish a directory of all such officers to the county auditor
and to the county treasurer of the county in which the school
district is located as soon as such information can be
obtained after the election or appointment of such officers is
[Title 28A RCW—page 96]
determined and their oaths placed on file. [1990 c 33 § 282;
1975 1st ex.s. c 275 § 26; 1974 ex.s. c 75 § 15. Formerly
RCW 28A.21.112.]
*Reviser’s note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.300 ESD superintendent’s powers and
duties—Generally. In addition to other powers and duties
as provided by law, each educational service district superintendent shall:
(1) Assist the school districts in preparation of their
budgets as provided in chapter 28A.505 RCW.
(2) Enforce the provisions of the compulsory attendance
law as provided in RCW 28A.225.010 through 28A.225.140,
28A.200.010, and 28A.200.020.
(3) Perform duties relating to capital fund aid by
nonhigh districts as provided in chapter 28A.540 RCW.
(4) Carry out the duties and issue orders creating new
school districts and transfers of territory as provided in
chapter 28A.315 RCW.
(5) Perform the limited duties as provided in chapter
28A.193 RCW.
(6) Perform all other duties prescribed by law and the
educational service district board. [1998 c 244 § 13; 1990
c 33 § 283; 1975 1st ex.s. c 275 § 27; 1974 ex.s. c 75 § 16.
Formerly RCW 28A.21.113.]
Effective date—Severability—1998 c 244: See RCW 28A.193.900
and 28A.193.901.
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.310 Headquarters office—Records transferred, state board duties. The educational service district
board shall designate the headquarters office of the educational service district. Educational service districts shall
provide for their own office space, heating, contents insurance, electricity, and custodial services, which may be
obtained through contracting with any board of county
commissioners. Official records of the educational service
district board and superintendent, including each of the
county superintendents abolished by chapter 176, Laws of
1969 ex. sess., shall be kept by the educational service
district superintendent. Whenever the boundaries of any of
the educational service districts are reorganized pursuant to
RCW 28A.310.020, the state board of education shall
supervise the transferral of such records so that each educational service district superintendent shall receive those
records relating to school districts within the appropriate
educational service district. [1990 c 33 § 284; 1985 c 341
§ 8; 1975 1st ex.s. c 275 § 28; 1974 ex.s. c 75 § 17; 1971
ex.s. c 282 § 18; 1969 ex.s. c 176 § 12. Formerly RCW
28A.21.120, 28.19.555.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
(2002 Ed.)
Educational Service Districts
28A.310.320 ESD superintendents, employees—
Travel expenses and subsistence—Advance payment. For
all actual and necessary travel in the performance of official
duties and while in attendance upon meetings and conferences, each educational service district superintendent and
employee shall be reimbursed for their travel expenses in the
amounts provided in RCW 43.03.050 and 43.03.060 as now
existing or hereafter amended. All claims shall be approved
by the educational service district board and paid from the
funds budgeted by the district. Each educational service
district superintendent and employee may be advanced
sufficient sums to cover their anticipated expenses in
accordance with rules and regulations promulgated by the
state auditor and which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
[1975-’76 2nd ex.s. c 34 § 69; 1975 1st ex.s. c 275 § 29;
1971 ex.s. c 282 § 19; 1969 ex.s. c 176 § 13. Formerly
RCW 28A.21.130, 28.19.560.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.330 Budgeting procedures for districts.
The superintendent of public instruction by rule and regulation shall adopt budgeting procedures for educational service
districts modeled after the statutory procedures for school
districts as provided in chapter 28A.505 RCW and in
accordance with RCW 28A.310.340, 28A.310.350, and
28A.310.360. [1990 c 33 § 285; 1977 ex.s. c 283 § 12;
1975 1st ex.s. c 275 § 30; 1971 ex.s. c 282 § 20. Formerly
RCW 28A.21.135.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.310.340 Identification of core services for
budget purposes—Generally. It is the intent of the
legislature that a basic core of uniform services be provided
by educational service districts and be identified in statute so
that biennial budget requests for educational service districts
may be based upon measurable goals and needs. Educational service districts as noted in RCW 28A.310.010, are
intended primarily to:
(1) Provide cooperative and informational services to
local districts and to perform functions for those districts
when such functions are more effectively or economically
administered from the regional level;
(2) Assist the state educational agencies, office of
superintendent of public instruction and the state board of
education in the legal performance of their duties; and
(3) Assist in providing pupils with equal educational
opportunities.
The purpose of RCW 28A.310.350 and 28A.310.360 is
to further identify those core services in order to prepare
educational service district budgets for the 1979-81 biennium, and those bienniums beyond. [1990 c 33 § 286; 1977
ex.s. c 283 § 9. Formerly RCW 28A.21.136.]
(2002 Ed.)
28A.310.320
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.350 Identification of core services for
budget purposes—Specific services listed. The basic core
services and cost upon which educational service districts are
budgeted shall include, but not be limited to, the following:
(1) Educational service district administration and
facilities such as office space, maintenance and utilities;
(2) Cooperative administrative services such as assistance in carrying out procedures to abolish sex and race bias
in school programs, fiscal services, grants management
services, special education services and transportation
services;
(3) Personnel services such as certification/registration
services;
(4) Learning resource services such as audio visual aids;
(5) Cooperative curriculum services such as health
promotion and health education services, in-service training,
workshops and assessment; and
(6) Special needs of local education agencies. [1977
ex.s. c 283 § 10. Formerly RCW 28A.21.137.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.360 Identification of core services for
budget purposes—Formula utilized for ESD’s biennial
budget request. The superintendent of public instruction,
pursuant to RCW 28A.310.330 shall prepare the biennial
budget request for the operation of educational service
districts based upon a formula using the following factors:
(1) The core service cost itemized in RCW 28A.310.350
which shall receive primary weighting for formula purposes;
(2) A weighting factor constituting a geographical factor
which shall be used to weight the larger sized educational
service districts for formula purposes; and
(3) A weighting factor which shall be based on the
number and size of local school districts within each
educational service district for formula purposes.
The sum of subsection (1) of this section, together with
the weighting factors of subsections (2) and (3) of this
section for each educational service district, shall reflect the
variables among the educational service districts and when
combined, a total budget for all educational service districts
shall be the result. [1990 c 33 § 287; 1977 ex.s. c 283 § 11.
Formerly RCW 28A.21.138.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.370 District budget—State funds, allocation
of—District general expense fund—Created, deposits,
expenditures. The superintendent of public instruction shall
examine and revise the biennial budget request of each
educational service district and shall fix the amount to be
requested in state funds for the educational service district
system from the legislature. Once funds have been appropriated by the legislature, the superintendent of public
instruction shall fix the annual budget of each educational
service district and shall allocate quarterly the state’s portion
from funds appropriated for that purpose to the county
treasurer of the headquarters county of the educational
[Title 28A RCW—page 97]
28A.310.370
Title 28A RCW: Common School Provisions
service district for deposit to the credit of the educational
service district general expense fund.
In each educational service district, there shall be an
educational service district general expense fund into which
there shall be deposited such moneys as are allocated by the
superintendent of public instruction under provisions of this
chapter and other funds of the educational service district,
and such moneys shall be expended according to the method
used by first or second class school districts, whichever is
deemed most feasible by the educational service district
board. No vouchers for warrants other than moneys being
distributed to the school districts shall be approved for
expenditures not budgeted by the educational service district
board. [1983 c 56 § 4; 1975 1st ex.s. c 275 § 31; 1971 ex.s.
c 282 § 22; 1969 ex.s. c 176 § 14. Formerly RCW
28A.21.140, 28.19.565.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.390 District budget request—Procedure for
approval. The biennial budget request of each educational
service district shall be approved by the respective educational service district board and then forwarded to the
superintendent of public instruction for revision and approval
as provided in RCW 28A.310.370. [1990 c 33 § 288; 1975
1st ex.s. c 275 § 33; 1971 ex.s. c 282 § 21; 1969 ex.s. c 176
§ 17. Formerly RCW 28A.21.170, 28.19.580.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.400 Legal services. The superintendent of
public instruction shall be responsible for the provision of
legal services to all educational service districts: PROVIDED, That any educational service district board may contract
with any county for the legal services of its prosecuting
attorney. [1975 1st ex.s. c 275 § 35; 1974 ex.s. c 75 § 23.
Formerly RCW 28A.21.195.]
Severability—1974 ex.s. c 75: See note following RCW
28A.310.030.
28A.310.410 Ex officio treasurer of district. The
county treasurer of the county in which the headquarters
office of the educational service district is located shall serve
as the ex officio treasurer of the district. The treasurer shall
keep all funds and moneys of the district separate and apart
from all other funds and moneys in the treasurer’s custody
and shall disburse such moneys only upon proper order of
the educational service district board or superintendent.
[1990 c 33 § 289; 1975 1st ex.s. c 275 § 36; 1969 ex.s. c
176 § 21. Formerly RCW 28A.21.200, 28.19.595.]
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.420 County or intermediate district
superintendent and board employees to terminate or
transfer employment—Benefits retained. As of July 1,
1969, employees of the various offices of county or interme[Title 28A RCW—page 98]
diate district superintendent and county or intermediate
district board shall terminate their employment therein, or
such employees, at their election, may transfer their employment to the new intermediate school district in which their
respective county is located. If such employment is so
transferred, each employee shall retain the same leave
benefits and other benefits that he or she had in his or her
previous position. If the intermediate school district has a
different system of computing leave benefits and other
benefits, then the employee shall be granted the same leave
and other benefits as a person will receive who would have
had similar occupational status and total years of service
with the new intermediate school district. [1990 c 33 § 290;
1969 ex.s. c 176 § 22. Formerly RCW 28A.21.210,
28.19.600.]
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.430 Local school district superintendents
to advise board and superintendent. The superintendents
of all local school districts within an educational service
district shall serve in an advisory capacity to the educational
service district board and superintendent in matters pertaining to budgets, programs, policy, and staff. [1975 1st ex.s.
c 275 § 37; 1971 ex.s. c 282 § 28; 1969 ex.s. c 176 § 23.
Formerly RCW 28A.21.220, 28.19.605.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Severability—Rights preserved—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.310.440 ESD as self-insurer—Authority. The
board of directors of any educational service district is
authorized to enter into agreements with the board of
directors of any local school district and/or other educational
service districts to form a self-insurance group for the purpose of qualifying as a self-insurer under chapter 51.14
RCW. [1982 c 191 § 9. Formerly RCW 28A.21.255.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Educational service districts as self-insurers: RCW 51.14.150 and
51.14.160.
28A.310.460 Contracts to lease building space and
portable buildings and lease or have maintained security
systems, computers and other equipment. The board of
any educational service district may enter into contracts for
their respective districts for periods not exceeding twenty
years in duration with public and private persons, organizations, and entities for the following purposes:
(1) To rent or lease building space, portable buildings,
security systems, computers and other equipment; and
(2) To have maintained and repaired security systems,
computers and other equipment.
The budget of each educational service district shall
identify that portion of each contractual liability incurred
pursuant to this section extending beyond the fiscal year by
amount, duration, and nature of the contracted service and/or
item in accordance with rules and regulations of the superintendent of public instruction adopted pursuant to RCW
28A.310.330 and 28A.505.140. [1990 c 33 § 291; 1987 c
508 § 2; 1977 ex.s. c 210 § 2. Formerly RCW 28A.21.310.]
(2002 Ed.)
Educational Service Districts
Severability—1977 ex.s. c 210: See note following RCW
28A.335.170.
28A.310.470 Delegation to ESD of SPI program,
project or service—Contract. The superintendent of public
instruction may delegate to any educational service district
or combination of educational service districts all or any
portion of a program, project, or service authorized or
directed by the legislature to be performed by the superintendent of public instruction: PROVIDED, That any such
delegation shall be by contract pursuant to chapter 39.34
RCW, as now or hereafter amended. [1977 ex.s. c 283 § 5.
Formerly RCW 28A.21.350.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.480 Delegation to ESD of state board of
education program, project or service—Contract. The
state board of education may delegate to any educational
service district or combination of educational service districts
all or any portion of a program, project, or service authorized or directed by the legislature to be performed by the
state board of education: PROVIDED, That any such
delegation shall be by contract pursuant to chapter 39.34
RCW, as now or hereafter amended. [1977 ex.s. c 283 § 6.
Formerly RCW 28A.21.355.]
Severability—1977 ex.s. c 283: See note following RCW
28A.310.010.
28A.310.490 ESD employee attendance incentive
program—Remuneration or benefit plan for unused sick
leave. Every educational service district board of directors
shall establish an attendance incentive program for all
certificated and classified employees in the following
manner.
(1) In January of the year following any year in which
a minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year
at a rate equal to one day’s monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four
days for every one day’s monetary compensation. No
employee may receive compensation under this section for
any portion of leave for illness or injury accumulated at a
rate in excess of one day per month.
(2) At the time of separation from educational service
district employment due to retirement or death an eligible
employee or the employee’s estate shall receive remuneration
at a rate equal to one day’s current monetary compensation
of the employee for each four full days accrued leave for
illness or injury.
(3) In lieu of remuneration for unused leave for illness
or injury as provided for in subsections (1) and (2) of this
section, an educational service district board of directors
may, with equivalent funds, provide eligible employees a
benefit plan that provides reimbursement for medical
expenses. Any benefit plan adopted after July 28, 1991,
shall require, as a condition of participation under the plan,
(2002 Ed.)
28A.310.460
that the employee sign an agreement with the district to hold
the district harmless should the United States government
find that the district or the employee is in debt to the United
States as a result of the employee not paying income taxes
due on the equivalent funds placed into the plan, or as a
result of the district not withholding or deducting any tax,
assessment, or other payment on such funds as required
under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[1997 c 13 § 7; 1991 c 92 § 1; 1989 c 69 § 1; 1985 c 341
§ 9; 1980 c 182 § 6. Formerly RCW 28A.21.360.]
Severability—1980 c 182: See note following RCW 41.04.340.
Chapter 28A.315
ORGANIZATION AND REORGANIZATION OF
SCHOOL DISTRICTS
Sections
28A.315.005
28A.315.015
28A.315.025
28A.315.035
28A.315.045
28A.315.055
28A.315.065
28A.315.075
28A.315.085
28A.315.095
28A.315.105
28A.315.115
28A.315.125
28A.315.135
28A.315.145
28A.315.155
28A.315.165
28A.315.175
28A.315.185
28A.315.195
28A.315.205
28A.315.215
28A.315.225
28A.315.235
28A.315.245
28A.315.255
28A.315.265
28A.315.275
28A.315.285
28A.315.295
Governance structure.
Purpose—Policy.
Definitions.
Organization of school districts.
Reorganization.
Conflicting or incorrectly described school district
boundaries.
District boundary changes—Submission to county
auditor.
Effect of 1999 c 315—Existing provisions not affected.
Personnel and supplies—Reimbursement.
Regional committees—Powers and duties.
Regional committees—Created.
Regional committees—Membership limitation.
Regional committees—Election of members—
Qualifications.
Regional committees—Vacancies.
Regional committees—Terms of members.
Regional committees—Members’ expenses reimbursed.
Regional committees—Organization, meetings, quorum.
State board—Powers and duties.
Annual training.
Transfer of territory by petition—Requirements—
Rules—Costs.
Transfer of territory by petition—Regional committee
responsibilities—Rules—Appeals.
Transfer of territory by agreement or order—
Approval—Order.
Dissolution and annexation of certain districts—
Annexation of nondistrict property.
Consolidation—Petition.
Adjustment of assets and liabilities.
Adjustment of indebtedness.
Adjustment of bonded indebtedness—Order—Special
elections.
Notice of elections.
Special election—Determination—Order—
Certification.
Rejection of proposal.
[Title 28A RCW—page 99]
Chapter 28A.315
Title 28A RCW: Common School Provisions
28A.315.305
School district organizational changes—Corporate
existence—Payment of bonded indebtedness—
Levy authority.
28A.315.315
Appeal.
28A.315.901
Part headings and captions not law—1999 c 315.
Redistricting by local governments and municipal corporations—Census
information for—Plan, prepared when, criteria for, hearing on,
request for review of, certification, remand—Sanctions when review
request frivolous: RCW 29.70.100.
School district boundary changes—Excess levies: RCW 84.09.037.
(d) Promoting a wiser use of public funds through
improvement in the school district system of the educational
service districts and the state; and
(e) Other criteria or considerations as may be established in rule by the state board of education.
(3) It is neither the intent nor purpose of this chapter to
apply to organizational changes and the procedure therefor
relating to capital fund aid by nonhigh school districts as
provided for in chapter 28A.540 RCW. [1999 c 315 § 101.]
28A.315.005 Governance structure. (1) Under the
constitutional framework and the laws of the state of
Washington, the governance structure for the state’s public
common school system is comprised of the following bodies:
The legislature, the governor, the superintendent of public
instruction, the state board of education, the educational
service district boards of directors, and local school district
boards of directors. The respective policy and administrative
roles of each body are determined by the state Constitution
and statutes.
(2) Local school districts are political subdivisions of
the state and the organization of such districts, including the
powers, duties, and boundaries thereof, may be altered or
abolished by laws of the state of Washington. [1999 c 315
§ 1.]
28A.315.025 Definitions. As used in this chapter:
(1) "Change in the organization and extent of school
districts" means the formation and establishment of new
school districts, the dissolution of existing school districts,
the alteration of the boundaries of existing school districts,
or all of them.
(2) "Regional committee" means the regional committee
on school district organization created by this chapter.
(3) "State board" means the state board of education.
(4) "School district" means the territory under the
jurisdiction of a single governing board designated and
referred to as the board of directors.
(5) "Educational service district superintendent" means
the educational service district superintendent as provided for
in RCW 28A.310.170 or his or her designee. [1990 c 33 §
293; 1985 c 385 § 1; 1983 c 3 § 33; 1975 1st ex.s. c 275 §
78; 1971 c 48 § 25; 1969 ex.s. c 223 § 28A.57.020. Prior:
1955 c 395 § 1; 1947 c 266 § 2; Rem. Supp. 1947 §
4693-21. Formerly RCW 28A.315.020, 28A.57.020,
28.57.020.]
28A.315.015 Purpose—Policy. (1) It is the purpose
of this chapter to:
(a) Incorporate into a single, comprehensive, school
district organization law all essential provisions governing:
(i) The formation and establishment of new school
districts;
(ii) The alteration of the boundaries of existing districts;
and
(iii) The adjustment of the assets and liabilities of
school districts when changes are made under this chapter;
and
(b) Establish methods and procedures whereby changes
in the school district system may be brought about by the
people concerned and affected.
(2) It is the state’s policy that decisions on proposed
changes in school district organization should be made,
whenever possible, by negotiated agreement between the
affected school districts. If the districts cannot agree, the
decision shall be made by the regional committees on school
district organization, based on the committees’ best judgment, taking into consideration the following factors and
factors under RCW 28A.315.205:
(a) A balance of local petition requests and the needs of
the statewide community at large in a manner that advances
the best interest of public education in the affected school
districts and communities, the educational service district,
and the state;
(b) Responsibly serving all of the affected citizens and
students by contributing to logical service boundaries and
recognizing a changing economic pattern within the educational service districts of the state;
(c) Enhancing the educational opportunities of pupils in
the territory by reducing existing disparities among the
affected school districts’ ability to provide operating and
capital funds through an equitable adjustment of the assets
and liabilities of the affected districts;
[Title 28A RCW—page 100]
Severability—1985 c 385: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 385 § 41.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.315.035 Organization of school districts. A
school district shall be organized in form and manner as
hereinafter in this chapter provided, and shall be known as
. . . . . . (insert here the name of the district) School District
No. . . . ., . . . . . . county, state of Washington: PROVIDED, That all school districts now existing as shown by
the records of the educational service district superintendent
are hereby recognized as legally organized districts: PROVIDED FURTHER, That all school districts existing on
April 25, 1969 as shown by the records of the county or
intermediate district superintendents are hereby recognized
as legally organized districts. [1975 1st ex.s. c 275 § 88;
1969 ex.s. c 176 § 124; 1969 ex.s. c 223 § 28A.57.130.
Prior: 1947 c 266 § 3; Rem. Supp. 1947 § 4693-22.
Formerly RCW 28A.315.220, 28A.57.130, 28.57.130.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.315.045 Reorganization. (1) A new school
district may be formed comprising contiguous territory lying
in either a single county or in two or more counties. The
new district may comprise:
(a) Two or more whole school districts;
(b) Parts of two or more school districts; and/or
(2002 Ed.)
Organization and Reorganization of School Districts
(c) Territory that is not a part of any school district if
such territory is contiguous to the district to which it is
transferred.
(2) The boundaries of existing school districts may be
altered:
(a) By the transfer of territory from one district to
another district;
(b) By the consolidation of one or more school districts
with one or more school districts; or
(c) By the dissolution and annexation to a district of a
part or all of one or more other districts or of territory that
is not a part of any school district: PROVIDED, That such
territory shall be contiguous to the district to which it is
transferred or annexed.
(3) Territory may be transferred or annexed to or
consolidated with an existing school district without regard
to county boundaries. [1999 c 315 § 201.]
28A.315.055 Conflicting or incorrectly described
school district boundaries. In case the boundaries of any
of the school districts are conflicting or incorrectly described, the educational service district board of directors,
after due notice and a public hearing, shall change, harmonize, and describe them and shall so certify, with a complete
transcript of boundaries of all districts affected, such action
to the state board for its approval or revision. Upon receipt
of notification of state board action, the educational service
district superintendent shall transmit to the county legislative
authority of the county or counties in which the affected
districts are located a complete transcript of the boundaries
of all districts affected. [1999 c 315 § 203.]
28A.315.065 District boundary changes—
Submission to county auditor. (1) Any district boundary
changes shall be submitted to the county auditor by the
educational service district superintendent within thirty days
after the changes have been approved in accordance with this
chapter. The superintendent shall submit both legal descriptions and maps.
(2) Any boundary changes submitted to the county
auditor after the fourth Monday in June of odd-numbered
years does not take effect until the following calendar year.
[1999 c 315 § 204.]
28A.315.075 Effect of 1999 c 315—Existing provisions not affected. (1) Any proposed change in school
district organization initiated before July 25, 1999, shall be
considered under the laws and rules in effect before July 25,
1999. Chapter 315, Laws of 1999 applies to any proposed
change in school district organization initiated on or after
July 25, 1999.
(2) For purposes of this section, "initiated" means the
filing of a petition, the motion of a school board, or the
report of an educational service district. This section does
not preclude the filing of a new petition on or after July 25,
1999, where the same or a similar proposal was filed before
July 25, 1999. [1999 c 315 § 205.]
28A.315.085
Personnel and supplies—
Reimbursement. (1) The superintendent of public instruction shall furnish to the state board and to regional commit(2002 Ed.)
28A.315.045
tees the services of employed personnel and the materials
and supplies necessary to enable them to perform the duties
imposed upon them by this chapter and shall reimburse the
members thereof for expenses necessarily incurred by them
in the performance of their duties, such reimbursement for
regional committee members to be in accordance with RCW
28A.315.155, and such reimbursement for state board members to be in accordance with RCW 28A.305.120.
(2) Costs that may be incurred by an educational service
district in association with school district negotiations under
RCW 28A.315.195 and supporting the regional committee
under RCW 28A.315.205 shall be reimbursed by the state
from such funds as are appropriated for these purposes.
[1999 c 315 § 206.]
28A.315.095 Regional committees—Powers and
duties. The powers and duties of each regional committee
are to:
(1) Hear and approve or disapprove proposals for
changes in the organization and extent of school districts in
the educational service districts when a hearing on a proposal has been requested under RCW 28A.315.195;
(2) Act on notices and proposals from the educational
service district under RCW 28A.315.225;
(3) Make an equitable adjustment of the property and
other assets and of the liabilities, including bonded indebtedness and excess tax levies as otherwise authorized under this
section, as to the old school districts and the new district or
districts, if any, involved in or affected by a proposed
change in the organization and extent of the school districts;
(4) Make an equitable adjustment of the bonded
indebtedness outstanding against any of the old and new
districts whenever in its judgment such adjustment is advisable, as to all of the school districts involved in or affected
by any change heretofore or hereafter effected;
(5) Provide that territory transferred from a school
district by a change in the organization and extent of school
districts shall either remain subject to, or be relieved of, any
one or more excess tax levies that are authorized for the
school district under RCW 84.52.053 before the effective
date of the transfer of territory from the school district;
(6) Provide that territory transferred to a school district
by a change in the organization and extent of school districts
shall either be made subject to, or be relieved of, any one or
more excess tax levies that are authorized for the school
district under RCW 84.52.053 before the effective date of
the transfer of territory to the school district;
(7) Establish the date by which a committee-approved
transfer of territory shall take effect;
(8) Hold and keep a record of a public hearing or public
hearings (a) on every proposal for the formation of a new
school district or for the transfer from one existing district to
another of any territory in which children of school age
reside or for annexation of territory when the conditions set
forth in *RCW 28A.315.290 or 28A.315.320 prevail; and (b)
on every proposal for adjustment of the assets and of the
liabilities of school districts provided for in this chapter.
Three members of the regional committee or two members
of the committee and the educational service district superintendent may be designated by the committee to hold any
public hearing that the committee is required to hold. The
[Title 28A RCW—page 101]
28A.315.095
Title 28A RCW: Common School Provisions
regional committee shall cause notice to be given, at least
ten days prior to the date appointed for any such hearing, in
one or more newspapers of general circulation within the
geographical boundaries of the school districts affected by
the proposed change or adjustment. In addition notice may
be given by radio and television, or either thereof, when in
the committee’s judgment the public interest will be served
thereby; and
(9) Prepare and submit to the superintendent of public
instruction from time to time or, upon his or her request,
reports and recommendations respecting the urgency of need
for school plant facilities, the kind and extent of the facilities
required, and the development of improved local school
administrative units and attendance areas in the case of
school districts that seek state assistance in providing school
plant facilities. [1999 c 315 § 301.]
*Reviser’s note: RCW 28A.315.290 and 28A.315.320 were repealed
by 1999 c 315 § 801. Later enactment of RCW 28A.315.320, see RCW
28A.315.225.
28A.315.105 Regional committees—Created. There
is hereby created in each educational service district a
committee which shall be known as the regional committee
on school district organization, which committee shall be
composed of not less than seven nor more than nine registered voters of the educational service district, the number to
correspond with the number of board member districts
established for the governance of the educational service
district in which the regional committee is located. One
member of the regional committee shall be elected from the
registered voters of each such educational service district
board member district. [1985 c 385 § 2; 1969 ex.s. c 223 §
28A.57.030. Prior: 1947 c 266 § 11, part; Rem. Supp. 1947
§ 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28A.315.040,
28A.57.030, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.315.115 Regional committees—Membership
limitation. Persons possessing the status of any of the
following positions shall not be eligible to be a member of
a regional committee: The superintendent of public instruction, a member of the state board of education, an educational service district superintendent, a member of a board of
directors of a school district, a member of an educational
service district board, a member of a governing board of
either a private school or a private school district which
conducts any grades kindergarten through twelve, officers
appointed by any such governing board, and employees of a
school district, an educational service district, the office of
the superintendent of public instruction, a private school, or
a private school district. [1985 c 385 § 3; 1975 1st ex.s. c
275 § 79; 1969 ex.s. c 176 § 115; 1969 ex.s. c 223 §
28A.57.031. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947
§ 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28A.315.050,
28A.57.031, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
[Title 28A RCW—page 102]
28A.315.125 Regional committees—Election of
members—Qualifications. The members of each regional
committee shall be elected in the following manner:
(1) On or before the 25th day of September, 1994, and
not later than the 25th day of September of every subsequent
even-numbered year, each superintendent of an educational
service district shall call an election to be held in each
educational service district within which resides a member
of a regional committee whose term of office expires on the
second Monday of January next following, and shall give
written notice thereof to each member of the board of
directors of each school district in the educational service
district. Such notice shall include instructions, and the rules
and regulations established by the state board of education
for the conduct of the election. The state board of education
is hereby empowered to adopt rules pursuant to chapter
34.05 RCW which establish standards and procedures which
the state board deems necessary to conduct elections pursuant to this section; to conduct run-off elections in the event
an election for a position is indecisive; and to decide run-off
elections which result in tie votes, in a fair and orderly
manner.
(2) Candidates for membership on a regional committee
shall file a declaration of candidacy with the superintendent
of the educational service district wherein they reside.
Declarations of candidacy may be filed by person or by mail
not earlier than the 1st day of October, and not later than the
15th day of October of each even-numbered year. The
superintendent may not accept any declaration of candidacy
that is not on file in his or her office or not postmarked
before the 16th day of October, or if not postmarked or the
postmark is not legible, if received by mail after the 20th
day of October of each even-numbered year.
(3) Each member of the regional committee shall be
elected by a majority of the votes cast for all candidates for
the position by the members of the boards of directors of
school districts in the educational service district. All votes
shall be cast by mail ballot addressed to the superintendent
of the educational service district wherein the school director
resides. No votes shall be accepted for counting if postmarked after the 16th day of November or if not postmarked
or the postmark is not legible, if received by mail after the
21st day of November of each even-numbered year. An
election board comprised of three persons appointed by the
board of the educational service district shall count and tally
the votes not later than the 25th day of November or the
next business day if the 25th falls on a Saturday, Sunday, or
legal holiday of each even-numbered year. Each vote cast
by a school director shall be recorded as one vote. Within
ten days following the count of votes, the educational service
district superintendent shall certify to the superintendent of
public instruction the name or names of the person(s) elected
to be members of the regional committee.
(4) In the event of a change in the number of educational service districts or in the number of educational service
district board members pursuant to chapter 28A.310 RCW a
new regional committee shall be elected for each affected
educational service district at the next election conducted
pursuant to this section. Those persons who were serving on
a regional committee within an educational service district
affected by a change in the number of districts or board
members shall continue to constitute the regional committee
(2002 Ed.)
Organization and Reorganization of School Districts
for the educational service district within which they are
registered to vote until the majority of a new board has been
elected and certified.
(5) No member of a regional committee shall continue
to serve thereon if he or she ceases to be a registered voter
of the educational service district board member district or
if he or she is absent from three consecutive meetings of the
committee without an excuse acceptable to the committee.
[1993 c 416 § 2; 1990 c 33 § 295; 1985 c 385 § 4; 1975-’76
2nd ex.s. c 15 § 1. Prior: 1975 1st ex.s. c 275 § 80; 1975
c 43 § 3; 1969 ex.s. c 176 § 116; 1969 ex.s. c 223 §
28A.57.032; prior: 1947 c 226 § 11, part; Rem. Supp. 1947
§ 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
1941 § 4709-3, part. Formerly RCW 28A.315.060,
28A.57.032, 28.57.030, part.]
Effective date—1993 c 416: "This act shall take effect September 1,
1994." [1993 c 416 § 4.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.315.135 Regional committees—Vacancies. In
case of a vacancy from any cause on a regional committee,
the remaining members of the committee shall fill such vacancy by appointment pursuant to a majority vote of the
remaining members: PROVIDED, That should there exist
fewer members on a regional committee than constitutes a
majority of the legally established committee member
positions, the educational service district board members of
the district in which the committee is located, by the vote of
a majority of the members in its legally established number
of board member positions, shall appoint a sufficient number
of committee members to constitute a legal majority on the
committee. Appointees to fill vacancies shall meet the
requirements provided by law for committee members and
shall serve until the next regular election for members of
regional committees at which time a successor shall be
elected for the balance of the unexpired term. [1985 c 385
§ 5; 1975 1st ex.s. c 275 § 81; 1969 ex.s. c 176 § 117; 1969
ex.s. c 223 § 28A.57.033. Prior: 1947 c 266 § 11, part;
Rem. Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3,
part; Rem. Supp. 1941 § 4709-3, part. Formerly RCW
28A.315.070, 28A.57.033, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.315.145 Regional committees—Terms of
members. The terms of members of the regional committees shall be for four years and until their successors are
certified as elected. For the 1994 election conducted
pursuant to *RCW 28A.315.030 and the election of a new
regional committee following a change in the number of
educational service districts or board members, regional
committee member positions one, three, five, seven, and nine
shall be for a term of two years, positions two, four, six, and
eight shall be for a term of four years. [1993 c 416 § 3;
1990 c 33 § 296; 1985 c 385 § 6; 1969 ex.s. c 223 §
28A.57.034. Prior: 1947 c 226 § 11, part; Rem. Supp. 1947
§ 4693-30, part; prior: 1941 c 248 § 3, part; Rem. Supp.
(2002 Ed.)
28A.315.125
1941 § 4709-3, part. Formerly RCW 28A.315.080,
28A.57.034, 28.57.030, part.]
*Reviser’s note: RCW 28A.315.030 was repealed by 1999 c 315 §
801.
Effective date—1993 c 416: See note following RCW 28A.315.125.
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.315.155 Regional committees—Members’
expenses reimbursed. Members of each regional committee
shall serve without compensation but shall be reimbursed for
expenses necessarily incurred in the performance of their
duties. [1985 c 385 § 7; 1969 ex.s. c 176 § 118; 1969 ex.s.
c 223 § 28A.57.035. Prior: 1947 c 266 § 11, part; Rem.
Supp. 1947 § 4693-30, part; prior: 1941 c 248 § 3, part;
Rem. Supp. 1941 § 4709-3, part. Formerly RCW
28A.315.090, 28A.57.035, 28.57.030, part.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.315.165 Regional committees—Organization,
meetings, quorum. Each regional committee shall organize
by electing from its membership a chair and a vice chair.
The educational service district superintendent shall be the
secretary of the committee. Meetings of the committee shall
be held upon call of the chair or of a majority of the
members thereof. A majority of the committee shall
constitute a quorum. [1990 c 33 § 297; 1985 c 385 § 8;
1975 1st ex.s. c 275 § 82; 1969 ex.s. c 176 § 119; 1969 ex.s.
c 223 § 28A.57.040. Prior: 1947 c 266 § 12; Rem. Supp.
1947 § 4693-31; prior: 1941 c 248 § 4; Rem. Supp. 1941 §
4709-4. Formerly RCW 28A.315.100, 28A.57.040,
28.57.040.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.315.175 State board—Powers and duties. The
powers and duties of the state board with respect to this
chapter shall be:
(1) To aid regional committees in the performance of
their duties by furnishing them with plans of procedure,
standards, data, maps, forms, and other necessary materials
and services essential to a study and understanding of the
problems of school district organization in their respective
educational service districts.
(2) To hear appeals as provided in RCW 28A.315.205.
[1999 c 315 § 302.]
28A.315.185 Annual training. To the extent funds
are appropriated, the superintendent of public instruction, in
cooperation with the educational service districts and the
Washington state school directors’ association, shall conduct
an annual training meeting for the regional committees, state
board members, educational service district superintendents,
and local school district superintendents and boards of
directors. Training may also be provided upon request.
[1999 c 315 § 303.]
28A.315.195 Transfer of territory by petition—
Requirements—Rules—Costs. (1) A proposed change in
[Title 28A RCW—page 103]
28A.315.195
Title 28A RCW: Common School Provisions
school district organization by transfer of territory from one
school district to another may be initiated by a petition in
writing presented to the educational service district superintendent:
(a) Signed by at least ten percent of the registered voters
residing in the territory proposed to be transferred; or
(b) Signed by a majority of the members of the board
of directors of one of the districts affected by a proposed
transfer of territory.
(2) The petition shall state the name and number of each
district affected, describe the boundaries of the territory
proposed to be transferred, and state the reasons for desiring
the change and the number of children of school age, if any,
residing in the territory.
(3) The educational service district superintendent shall
not complete any transfer of territory under this section that
involves ten percent or more of the common school student
population of the entire district from which the transfer is
proposed, unless the educational service district superintendent has first called and held a special election of the
voters of the entire school district from which the transfer of
territory is proposed. The purpose of the election is to
afford those voters an opportunity to approve or reject the
proposed transfer. A simple majority shall determine
approval or rejection.
(4) The state board may establish rules limiting the
frequency of petitions that may be filed pertaining to
territory included in whole or in part in a previous petition.
(5) Upon receipt of the petition, the educational service
district superintendent shall notify in writing the affected
districts that:
(a) Each school district board of directors, whether or
not initiating a proposed transfer of territory, is required to
enter into negotiations with the affected district or districts;
(b) In the case of a citizen-initiated petition, the affected
districts must negotiate on the entire proposed transfer of
territory;
(c) The districts have ninety calendar days in which to
agree to the proposed transfer of territory;
(d) The districts may request and shall be granted by the
educational service district superintendent one thirty-day
extension to try to reach agreement; and
(e) Any district involved in the negotiations may at any
time during the ninety-day period notify the educational
service district superintendent in writing that agreement will
not be possible.
(6) If the negotiating school boards cannot come to
agreement about the proposed transfer of territory, the
educational service district superintendent, if requested by
the affected districts, shall appoint a mediator. The mediator
has thirty days to work with the affected school districts to
see if an agreement can be reached on the proposed transfer
of territory.
(7) If the affected school districts cannot come to
agreement about the proposed transfer of territory, and the
districts do not request the services of a mediator or the
mediator was unable to bring the districts to agreement,
either district may file with the educational service district
superintendent a written request for a hearing by the regional
committee.
(8) If the affected school districts cannot come to
agreement about the proposed transfer of territory initiated
[Title 28A RCW—page 104]
by citizen petition, and the districts do not request the
services of a mediator or the mediator was unable to bring
the districts to agreement, the district in which the citizens
who filed the petition reside shall file with the educational
service district superintendent a written request for a hearing
by the regional committee, unless a majority of the citizen
petitioners request otherwise.
(9) Upon receipt of a notice under subsection (7) or (8)
of this section, the educational service district superintendent
shall notify the chair of the regional committee in writing
within ten days.
(10) Costs incurred by school districts under this section
shall be reimbursed by the state from such funds as are
appropriated for this purpose. [1999 c 315 § 401.]
28A.315.205 Transfer of territory by petition—
Regional committee responsibilities—Rules—Appeals. (1)
The chair of the regional committee shall schedule a hearing
on the proposed transfer of territory at a location in the
educational service district within sixty calendar days of
being notified under RCW 28A.315.195 (7) or (8).
(2) Within thirty calendar days of the hearing under
subsection (1) of this section, or final hearing if more than
one is held by the committee, the committee shall issue its
written findings and decision to approve or disapprove the
proposed transfer of territory. The educational service
district superintendent shall transmit a copy of the
committee’s decision to the superintendents of the affected
school districts within ten calendar days.
(3) In carrying out the purposes of RCW 28A.315.015
and in making decisions as authorized under RCW
28A.315.095(1), the regional committee shall base its
judgment upon whether and to the extent the proposed
change in school district organization complies with RCW
28A.315.015(2) and rules adopted by the state board under
chapter 34.05 RCW.
(4) State board rules under subsection (3) of this section
shall provide for giving consideration to all of the following:
(a) The annual school performance reports required
under *RCW 28A.320.205 in the affected districts and
improvement of the educational opportunities of pupils in the
territory proposed for a change in school district organization;
(b) The safety and welfare of pupils. For the purposes
of this subsection, "safety" means freedom or protection
from danger, injury, or damage and "welfare" means a
positive condition or influence regarding health, character,
and well-being;
(c) The history and relationship of the property affected
to the students and communities affected, including, for
example, inclusion within a single school district, for school
attendance and corresponding tax support purposes, of entire
master planned communities that were or are to be developed pursuant to an integrated commercial and residential
development plan with over one thousand dwelling units;
(d) Whether or not geographic accessibility warrants a
favorable consideration of a recommended change in school
district organization, including remoteness or isolation of
places of residence and time required to travel to and from
school; and
(2002 Ed.)
Organization and Reorganization of School Districts
(e) All funding sources of the affected districts, equalization among school districts of the tax burden for general
fund and capital purposes through a reduction in disparities
in per pupil valuation when all funding sources are considered, improvement in the economies in the administration
and operation of schools, and the extent the proposed change
would potentially reduce or increase the individual and
aggregate transportation costs of the affected school districts.
(5)(a)(i) A petitioner or school district may appeal a
decision by the regional committee to approve a change in
school district organization to the state board based on the
claim that the regional committee failed to follow the
applicable statutory and regulatory procedures or acted in an
arbitrary and capricious manner. Any such appeal shall be
based on the record and the appeal must be filed within
thirty days of the final decision of the regional committee.
(ii) If the state board finds that all applicable procedures
were not followed or that the regional committee acted in an
arbitrary and capricious manner, it shall refer the matter back
to the regional committee with an explanation of the board’s
findings. The regional committee shall rehear the proposal.
(iii) If the state board finds that all applicable procedures were followed or that the regional committee did not
act in an arbitrary and capricious manner, depending on the
appeal, the educational service district shall be notified and
directed to implement the changes.
(b) Any school district or citizen petitioner affected by
a final decision of the regional committee may seek judicial
review of the committee’s decision in accordance with RCW
34.05.570. [1999 c 315 § 402.]
*Reviser’s note: RCW 28A.320.205 was recodified as RCW
28A.655.110 pursuant to 1999 c 388 § 607.
28A.315.215 Transfer of territory by agreement or
order—Approval—Order. (1) Upon receipt by the
educational service district superintendent of a written agreement by two or more school districts to the transfer of
territory between the affected districts, the superintendent
shall make an order establishing all approved changes
involving the alteration of the boundaries of the affected districts. The order shall also establish all approved terms of
the equitable adjustment of assets and liabilities involving
the affected districts. The superintendent shall certify his or
her action to each county auditor, each county treasurer, each
county assessor, and the superintendents of all school
districts affected by the action.
(2) Upon receipt by the educational service district
superintendent of a written order by the regional committee
approving the transfer of territory between two or more
school districts, the superintendent shall make an order
establishing all approved changes involving the alteration of
the boundaries of the affected districts. The order may not
be implemented before the period of appeal authorized under
RCW 28A.315.205(5)(a)(i) has ended. The order shall also
establish all approved terms of the equitable adjustment of
assets and liabilities involving the affected districts. The
superintendent shall certify his or her action to each county
auditor, each county treasurer, each county assessor, and the
superintendents of all school districts affected by the action.
[1999 c 315 § 403.]
(2002 Ed.)
28A.315.205
28A.315.225 Dissolution and annexation of certain
districts—Annexation of nondistrict property. In case any
school district has an average enrollment of fewer than five
kindergarten through eighth grade pupils during the preceding school year or has not made a reasonable effort to
maintain, during the preceding school year at least the
minimum term of school required by law, the educational
service district superintendent shall report that fact to the
regional committee, which committee shall dissolve the
school district and annex the territory thereof to some other
district or districts. For the purposes of this section, in
addition to any other finding, "reasonable effort" shall be
deemed to mean the attempt to make up whatever days are
short of the legal requirement by conducting of school
classes on any days to include available holidays, though not
to include Saturdays and Sundays, prior to June 15th of that
year. School districts operating an extended school year
program, most commonly implemented as a 45-15 plan, shall
be deemed to be making a reasonable effort. In the event
any school district has suffered any interruption in its normal
school calendar due to a strike or other work stoppage or
slowdown by any of its employees that district shall not be
subject to this section. In case any territory is not a part of
any school district, the educational service district superintendent shall present to the regional committee a proposal for
the annexation of the territory to some contiguous district or
districts. [1999 c 315 § 501.]
28A.315.235 Consolidation—Petition. (1) A proposed change in school district organization by consolidation
of territory from two or more school districts to form a new
school district may be initiated by:
(a) A written petition presented to the educational
service district superintendent signed by ten or more registered voters residing:
(i) In each whole district and in each part of a district
proposed to be included in any single new district; or
(ii) In the territory of a proposed new district that
comprises a part of only one or more districts and approved
by the boards of directors of the affected school districts;
(b) A written petition presented to the educational
service district superintendent signed by ten percent or more
of the registered voters residing in such affected areas or
area without the approval of the boards of directors of the
affected school districts.
(2) The petition shall state the name and number of each
district involved in or affected by the proposal to form the
new district and shall describe the boundaries of the proposed new district. No more than one petition for consolidation of the same two school districts or parts thereof
shall be considered during a school fiscal year.
(3) The educational service district superintendent may
not complete any consolidation of territory under this section
unless he or she has first called and held a special election
of the voters of the affected districts to afford those voters
an opportunity to approve or reject the proposed consolidation. A simple majority shall determine approval or rejection.
(4) If a proposed change in school district organization
by consolidation of territory has been approved under this
section, the educational service district superintendent shall
[Title 28A RCW—page 105]
28A.315.235
Title 28A RCW: Common School Provisions
make an order establishing all approved changes involving
the alteration of the boundaries of the affected districts. The
order shall also establish all approved terms of the equitable
adjustment of assets and liabilities involving the affected
districts. The superintendent shall certify his or her action
to each county auditor, each county treasurer, each county
assessor, and the superintendents of all school districts
affected by the action. [1999 c 315 § 601.]
28A.315.245 Adjustment of assets and liabilities. In
determining an equitable adjustment of assets and liabilities,
the negotiating school districts and the regional committee
shall consider the following factors:
(1) The number of school age children residing in each
school district and in each part of a district involved or
affected by the proposed change in school district organization;
(2) The assessed valuation of the property located in
each school district and in each part of a district involved or
affected by the proposed change in school district organization;
(3) The purpose for which the bonded indebtedness of
any school district involved or affected by the proposed
change in school district organization was incurred;
(4) The history and relationship of the property affected
to the students and communities affected by the proposed
change in school district organization;
(5) Additional burdens to the districts affected by the
proposed change in school district organization as a result of
the proposed organization;
(6) The value, location, and disposition of all improvements located in the school districts involved or affected by
the proposed change in school district organization;
(7) The consideration of all other sources of funding;
and
(8) Any other factors that in the judgment of the school
districts or regional committee are important or essential to
the making of an equitable adjustment of assets and liabilities. [1999 c 315 § 701.]
28A.315.255 Adjustment of indebtedness. (1) The
fact of the issuance of bonds by a school district, heretofore
or hereafter, does not prevent changes in the organization
and extent of school districts, regardless of whether or not
such bonds or any part thereof are outstanding at the time of
change.
(2) In case of any change:
(a) The bonded indebtedness outstanding against any
school district involved in or affected by such change shall
be adjusted equitably among the old school districts and the
new district or districts, if any, involved or affected; and
(b) The property and other assets and the liabilities other
than bonded indebtedness of any school district involved in
or affected by any such change shall also be adjusted in the
manner and to the effect provided for in this section, except
if all the territory of an old school district is included in a
single new district or is annexed to a single existing district,
in which event the title to the property and other assets and
the liabilities other than bonded indebtedness of the old
district vests in and becomes the assets and liabilities of the
[Title 28A RCW—page 106]
new district or of the existing district, as applicable. [1999
c 315 § 702.]
28A.315.265 Adjustment of bonded indebtedness—
Order—Special elections. If adjustments of bonded
indebtedness are made between or among school districts in
connection with the alteration of the boundaries of the school
districts under this chapter, the order of the educational
service district superintendent establishing the terms of
adjustment of bonded indebtedness shall provide and specify:
(1) In every case where bonded indebtedness is transferred from one school district to another school district:
(a) That such bonded indebtedness is assumed by the
school district to which it is transferred;
(b) That thereafter such bonded indebtedness shall be
the obligation of the school district to which it is transferred;
(c) That, if the terms of adjustment so provide, any
bonded indebtedness thereafter incurred by such transferee
school district through the sale of bonds authorized before
the date its boundaries were altered shall be the obligation of
such school district including the territory added thereto; and
(d) That taxes shall be levied thereafter against the
taxable property located within such school district as it is
constituted after its boundaries were altered, the taxes to be
levied at the times and in the amounts required to pay the
principal of and the interest on the bonded indebtedness
assumed or incurred, as the same become due and payable.
(2) In computing the debt limitation of any school
district from which or to which bonded indebtedness has
been transferred, the amount of transferred bonded indebtedness at any time outstanding:
(a) Shall be an offset against and deducted from the
total bonded indebtedness, if any, of the school district from
which the bonded indebtedness was transferred; and
(b) Shall be deemed to be bonded indebtedness solely
of the transferee school district that assumed the indebtedness.
(3) In every case where adjustments of bonded indebtedness do not provide for transfer of bonded indebtedness from
one school district to another school district:
(a) That the existing bonded indebtedness of each school
district, the boundaries of which are altered and any bonded
indebtedness incurred by each such school district through
the sale of bonds authorized before the date its boundaries
were altered is the obligation of the school district in its
reduced or enlarged form, as the case may be; and
(b) That taxes shall be levied thereafter against the
taxable property located within each such school district in
its reduced or enlarged form, as the case may be, at the
times and in the amounts required to pay the principal of and
interest on such bonded indebtedness as the same become
due and payable.
(4) If a change in school district organization approved
by the regional committee concerns a proposal to form a
new school district or a proposal for adjustment of bonded
indebtedness involving an established school district and one
or more former school districts now included therein
pursuant to a vote of the people concerned, a special election
of the voters residing within the territory of the proposed
new district, or of the established district involved in a
proposal for adjustment of bonded indebtedness as the case
(2002 Ed.)
Organization and Reorganization of School Districts
may be, shall be held for the purpose of affording those
voters an opportunity to approve or reject such proposals as
concern or affect them.
(5) In a case involving both the question of the formation of a new school district and the question of adjustment
of bonded indebtedness, the questions may be submitted to
the voters either in the form of a single proposition or as
separate propositions, whichever seems expedient to the
educational service district superintendent. When the
regional committee has passed appropriate resolutions for the
questions to be submitted and the educational service district
superintendent has given notice thereof to the county auditor,
the special election shall be called and conducted, and the
returns canvassed as in regular school district elections.
[1999 c 315 § 703.]
28A.315.275 Notice of elections. Notice of special
elections as provided for in RCW 28A.315.265 shall be
given by the county auditor as provided in RCW 29.27.080.
The notice of election shall state the purpose for which the
election has been called and contain a description of the
boundaries of the proposed new district and a statement of
any terms of adjustment of bonded indebtedness on which to
be voted. [1999 c 315 § 704.]
28A.315.285 Special election—Determination—
Order—Certification. (1) If a special election is held to
vote on a proposal or alternate proposals to form a new
school district, the votes cast by the registered voters in each
component district shall be tabulated separately. Any such
proposition shall be considered approved only if it receives
a majority of the votes cast in each separate district voting
thereon.
(2) If a special election is held to vote on a proposal for
adjustment of bonded indebtedness, the entire vote cast by
the registered voters of the proposed new district or of the
established district as the case may be shall be tabulated.
Any such proposition shall be considered approved if sixty
percent or more of all votes cast thereon are in the affirmative.
(3) In the event of approval of a proposition or propositions voted on at a special election, the educational service
district superintendent shall:
(a) Make an order establishing such new school district
or such terms of adjustment of bonded indebtedness or both,
as were approved by the registered voters and shall also
order such other terms of adjustment, if there are any, of
property and other assets and of liabilities other than bonded
indebtedness as have been approved by the state council; and
(b) Certify his or her action to the county and school
district officials specified in RCW 28A.315.215. The
educational service district superintendent may designate,
with the approval of the superintendent of public instruction,
a name and number different from that of any component
thereof, but must designate the new district by name and
number different from any other district in existence in the
county.
(4) The educational service district superintendent shall
fix as the effective date of any order or orders he or she is
required to make by this chapter, the date specified in the
order of final approval of any change in the organization and
(2002 Ed.)
28A.315.265
extent of school districts or of any terms of adjustment of
the assets and liabilities of school districts subject, for taxing
purposes, to the redrawing of taxing district boundaries under
RCW 84.09.030, by the regional committee.
(5) Upon receipt of certification under this section, the
superintendent of each school district that is included in the
new district shall deliver to the superintendent of the new
school district those books, papers, documents, records, and
other materials pertaining to the territory transferred. [1999
c 315 § 705.]
28A.315.295 Rejection of proposal. If a proposal for
the formation of a new school district and for adjustment of
bonded indebtedness, or either, is rejected by the registered
voters at a special election, the matter is terminated. [1999
c 315 § 706.]
28A.315.305 School district organizational changes—Corporate existence—Payment of bonded indebtedness—Levy authority. (1) Each school district involved
in or affected by any change made in the organization and
extent of school districts under this chapter retains its
corporate existence insofar as is necessary for the purpose,
until the bonded indebtedness outstanding against it on and
after the effective date of the change has been paid in full.
This section may not be construed to prevent, after the
effective date of the change, such adjustments of bonded
indebtedness as are provided for in this chapter.
(2) The county legislative authority shall provide, by
appropriate levies on the taxable property of each school
district, for the payment of the bonded indebtedness outstanding against it after any of the changes or adjustments
under this chapter have been effected.
(3) In case any such changes or adjustments involve a
joint school district, the tax levy for the payment of any
bonded indebtedness outstanding against the joint district,
after the changes or adjustments are effected, shall be made
and the proceeds thereof shall be transmitted, credited, and
paid out in conformity with the provisions of law applicable
to the payment of the bonded indebtedness of joint school
districts. [1999 c 315 § 707.]
28A.315.315 Appeal. An appeal may be taken, as
provided for in RCW 28A.645.010, to the superior court of
the county in which a school district or any part thereof is
situated on any question of adjustment of property and other
assets and of liabilities provided for in this chapter. If the
court finds the terms of the adjustment in question not
equitable, the court shall make an adjustment that is equitable. [1990 c 33 § 305; 1983 c 3 § 34; 1969 ex.s. c 223 §
28A.57.120. Prior: 1947 c 266 § 40; Rem. Supp. 1947 §
4693-59. Formerly RCW 28A.315.210, 28A.57.120,
28.57.120.]
Boundary change, copy of decision to county assessor: RCW 28A.645.040.
28A.315.901 Part headings and captions not law—
1999 c 315. Part headings and section captions used in this
act are not any part of the law. [1999 c 315 § 808.]
[Title 28A RCW—page 107]
Chapter 28A.320
Title 28A RCW: Common School Provisions
Chapter 28A.320
PROVISIONS APPLICABLE TO ALL DISTRICTS
Sections
DISTRICT POWERS
28A.320.010
28A.320.015
28A.320.020
28A.320.025
28A.320.030
28A.320.035
28A.320.040
28A.320.050
28A.320.060
28A.320.070
28A.320.080
28A.320.090
28A.320.100
28A.320.110
28A.320.120
28A.320.125
28A.320.128
28A.320.130
28A.320.135
28A.320.140
28A.320.155
28A.320.165
Corporate powers.
School boards of directors—Powers—Notice of adoption of policy.
Liability for debts and judgments.
School district name change.
Gifts, conveyances, etc., for scholarship and student
aid purposes, receipt and administration.
Contracting out—Board’s powers and duties—Goods
and services.
Bylaws for board and school government.
Reimbursement of expenses of directors, other school
representatives, and superintendent candidates—
Advancing anticipated expenses.
Officers, employees or agents of school districts or
educational service districts, insurance to protect
and hold personally harmless.
School district as self-insurer—Authority.
Commencement exercises—Lip reading instruction—
Joint purchasing, including issuing interest bearing
warrants and agreements with private schools—
Budgets.
Preparing and distributing information on district’s
instructional program, operation and maintenance—Limitation.
Actions against officers, employees or agents of school
districts and educational service districts—Defense,
costs, fees—Payment of obligation.
Information and research services.
Cooperation with technical colleges—Jurisdiction over
property—Administrative charges—Discrimination
against employees of technical colleges prohibited—Dispute resolution.
Safe school plans—Development—Progress reports—
Rules.
Notice and disclosure policies—Threats of violence—
Student conduct—Immunity for good faith notice—Penalty.
Weapons incidents—Reporting.
Telecommunication devices—Limits on possession—
Policies.
Schools with special standards—Dress codes.
Criminal history record information—School volunteers.
Notice of pesticide use.
PROGRAM EVALUATION
28A.320.200
28A.320.230
28A.320.240
Self-study process by school districts—
Requirements—Rules.
Instructional materials—Instructional materials committee.
Operation and stocking of libraries.
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.320.300
28A.320.310
28A.320.320
28A.320.330
Investment of funds, including funds received by
ESD—Authority—Procedure.
Investment of building funds—Restrictions.
Investment of funds of district—Service fee.
School funds enumerated—Deposits—Uses.
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.320.400
28A.320.410
28A.320.420
28A.320.430
28A.320.440
Elections—Qualifications of electors—Voting place.
Elections—Elections to be conducted according to
Title 29 RCW.
Special meetings of voters—Authorized—Purpose.
Special meetings of voters—Place, notice, procedure,
record.
Special meetings of voters—Directors to follow
electors’ decision.
[Title 28A RCW—page 108]
SUMMER SCHOOL, NIGHT SCHOOL,
EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500
Summer and/or other student vacation period programs—Authorized—Tuition and fees.
28A.320.510
Night schools, summer schools, meetings, use of facilities for.
28A.320.520
School credit for participation in youth court.
Assistance of certificated or classified employee—Reimbursement for
substitute: RCW 28A.300.035.
DISTRICT POWERS
28A.320.010 Corporate powers. A school district
shall constitute a body corporate and shall possess all the
usual powers of a public corporation, and in that name and
style may sue and be sued and transact all business necessary for maintaining school and protecting the rights of the
district, and enter into such obligations as are authorized
therefor by law. [1969 ex.s. c 223 § 28A.58.010. Prior: (i)
1909 c 97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c
118 § 44, part; 1891 c 127 § 11, part; 1890 p 366 § 30, part.
Formerly RCW 28.58.040, part. (ii) 1947 c 266 § 6, part;
Rem. Supp. 1947 § 4693-25, part; prior: 1909 c 97 p 265
§ 2, part. Formerly RCW 28A.58.010, 28.57.135,
28.58.010.]
28A.320.015 School boards of directors—Powers—
Notice of adoption of policy. (1) The board of directors of
each school district may exercise the following:
(a) The broad discretionary power to determine and
adopt written policies not in conflict with other law that
provide for the development and implementation of programs, activities, services, or practices that the board
determines will:
(i) Promote the education of kindergarten through
twelfth grade students in the public schools; or
(ii) Promote the effective, efficient, or safe management
and operation of the school district;
(b) Such powers as are expressly authorized by law; and
(c) Such powers as are necessarily or fairly implied in
the powers expressly authorized by law.
(2) Before adopting a policy under subsection (1)(a) of
this section, the school district board of directors shall
comply with the notice requirements of the open public
meetings act, chapter 42.30 RCW, and shall in addition
include in that notice a statement that sets forth or reasonably describes the proposed policy. The board of directors
shall provide a reasonable opportunity for public written and
oral comment and consideration of the comment by the
board of directors. [1992 c 141 § 301.]
Findings—Part headings—Severability—1992 c 141: See note
following RCW 28A.410.040.
28A.320.020 Liability for debts and judgments.
Every school district shall be liable for any debts legally due,
and for judgments against the district, and such district shall
pay any such judgment or liability out of the proper school
funds to the credit of the district. [1969 ex.s. c 223 §
28A.58.020. Prior: 1909 c 97 p 287 § 4; RRS § 4779;
prior: 1897 c 118 § 41; 1890 p 365 § 27. Formerly RCW
28A.58.020, 28.58.020.]
(2002 Ed.)
Provisions Applicable to all Districts
28A.320.025 School district name change. (1) The
board of directors may change the name of the school
district if:
(a) Either ten percent of the registered voters of the
district file a petition requesting that the name of the school
district be changed and submit the proposed new name with
the request to the board or the board passes a motion to hold
a hearing to change the school district name;
(b) After receiving the petition or adopting the motion,
the board holds a hearing within one month after the petition
was submitted to the board. The board shall publish notice
of the hearing and the proposed new name once a week for
three consecutive weeks in a newspaper of general circulation within the school district. At the hearing, other names
may be proposed and considered by the board without
additional notice requirements; and
(c) A majority of the board votes to adopt the new
name.
(2) If the board adopts the new name, the new name
shall be recorded in the school district office and with the
educational service district superintendent, the superintendent
of public instruction, the state board of education, and the
secretary of state. [1999 c 101 § 1.]
28A.320.030 Gifts, conveyances, etc., for scholarship
and student aid purposes, receipt and administration.
The board of directors of any school district may accept,
receive and administer for scholarship and student aid
purposes such gifts, grants, conveyances, devises and
bequests of personal or real property, in trust or otherwise,
for the use or benefit of the school district or its students;
and sell, lease, rent or exchange and invest or expend the
same or the proceeds, rents, profits and income thereof
according to the terms and conditions thereof, if any, for the
foregoing purposes; and enter into contracts and adopt
regulations deemed necessary by the board to provide for the
receipt and expenditure of the foregoing. [1974 ex.s. c 8 §
1. Formerly RCW 28A.58.030.]
28A.320.035 Contracting out—Board’s powers and
duties—Goods and services. (1) The board of directors of
a school district may contract with other school districts,
educational service districts, public or private organizations,
agencies, schools, or individuals to implement the board’s
powers and duties. The board of directors of a school
district may contract for goods and services, including but
not limited to contracts for goods and services as specifically
authorized in statute or rule, as well as other educational,
instructional, and specialized services. When a school
district board of directors contracts for educational, instructional, or specialized services, the purpose of the contract
must be to improve student learning or achievement.
(2) A contract under subsection (1) of this section may
not be made with a religious or sectarian organization or
school where the contract would violate the state or federal
Constitution. [1997 c 267 § 1.]
28A.320.040 Bylaws for board and school government. Every board of directors shall have power to make
such bylaws for their own government, and the government
of the common schools under their charge, as they deem
(2002 Ed.)
28A.320.025
expedient, not inconsistent with the provisions of this title,
or rules and regulations of the superintendent of public
instruction or the state board of education. [1969 ex.s. c 223
§ 28A.58.110. Prior: 1909 c 97 p 287 § 6; RRS § 4781;
prior: 1897 c 118 § 43; 1890 p 366 § 29. Formerly RCW
28A.58.110, 28.58.110.]
28A.320.050 Reimbursement of expenses of directors, other school representatives, and superintendent
candidates—Advancing anticipated expenses. The actual
expenses of school directors in going to, returning from and
attending upon directors’ meetings or other meetings called
or held pursuant to statute shall be paid. Likewise, the
expenses of school superintendents and other school representatives chosen by the directors to attend any conferences
or meetings or to attend to any urgent business at the behest
of the state superintendent of public instruction or the board
of directors shall be paid. The board of directors may pay
the actual and necessary expenses for travel, lodging and
meals a superintendent candidate incurs when he or she
attends an employment interview in the school district. The
school directors, school superintendents, other school
representatives or superintendent candidates may be advanced sufficient sums to cover their anticipated expenses in
accordance with rules and regulations promulgated by the
state auditor and which shall substantially conform to the
procedures provided in RCW 43.03.150 through 43.03.210.
[1977 c 73 § 1; 1969 ex.s. c 26 § 2; 1969 ex.s. c 223 §
28A.58.310. Prior: 1961 c 268 § 15; prior: 1919 c 90 § 6,
part; 1909 c 97 p 287 § 8, part; RRS § 4783, part. Formerly
RCW 28A.58.310, 28.58.310.]
28A.320.060 Officers, employees or agents of school
districts or educational service districts, insurance to
protect and hold personally harmless. Any school district
board of directors and educational service district board are
authorized to purchase insurance to protect and hold personally harmless any director, officer, employee or agent of
the respective school district or educational service district
from any action, claim or proceeding instituted against him
or her arising out of the performance or failure of performance of duties for or employment with such institution and
to hold him or her harmless from any expenses connected
with the defense, settlement or monetary judgments from
such actions. [1990 c 33 § 330; 1975 1st ex.s. c 275 § 116;
1972 ex.s. c 142 § 2. Formerly RCW 28A.58.630.]
28A.320.070 School district as self-insurer—
Authority. Any school district board of directors is authorized to enter into agreements with the board of directors of
other school districts and/or educational service districts to
form a self-insurance group for the purpose of qualifying as
a self-insurer under chapter 51.14 RCW. [1982 c 191 § 10.
Formerly RCW 28A.58.410.]
Severability—1982 c 191: See note following RCW 28A.335.210.
School districts as self-insurers: RCW 51.14.150 and 51.14.160.
28A.320.080 Commencement exercises—Lip reading
instruction—Joint purchasing, including issuing interest
bearing warrants and agreements with private schools—
[Title 28A RCW—page 109]
28A.320.080
Title 28A RCW: Common School Provisions
Budgets. Every board of directors, unless otherwise
specifically provided by law, shall:
(1) Provide for the expenditure of a reasonable amount
for suitable commencement exercises;
(2) In addition to providing free instruction in lip
reading for children disabled by defective hearing, make
arrangements for free instruction in lip reading to adults
disabled by defective hearing whenever in its judgment such
instruction appears to be in the best interests of the school
district and adults concerned;
(3) Join with boards of directors of other school districts
or an educational service district pursuant to RCW
28A.310.180(3), or both such school districts and educational
service district in buying supplies, equipment and services by
establishing and maintaining a joint purchasing agency, or
otherwise, when deemed for the best interests of the district,
any joint agency formed hereunder being herewith authorized
and empowered to issue interest bearing warrants in payment
of any obligation owed: PROVIDED, HOWEVER, That
those agencies issuing interest bearing warrants shall assign
accounts receivable in an amount equal to the amount of the
outstanding interest bearing warrants to the county treasurer
issuing such interest bearing warrants: PROVIDED FURTHER, That the joint purchasing agency shall consider the
request of any one or more private schools requesting the
agency to jointly buy supplies, equipment, and services
including but not limited to school bus maintenance services,
and, after considering such request, may cooperate with and
jointly make purchases with private schools of supplies,
equipment, and services, including but not limited to school
bus maintenance services, so long as such private schools
pay in advance their proportionate share of the costs or
provide a surety bond to cover their proportionate share of
the costs involved in such purchases;
(4) Consider the request of any one or more private
schools requesting the board to jointly buy supplies, equipment and services including but not limited to school bus
maintenance services, and, after considering such request,
may provide such joint purchasing services: PROVIDED,
That such private schools pay in advance their proportionate
share of the costs or provide a surety bond to cover their
proportionate share of the costs involved in such purchases;
and
(5) Prepare budgets as provided for in chapter 28A.505
RCW. [1995 c 77 § 21; 1990 c 33 § 331; 1986 c 77 § 1;
1983 c 125 § 1; 1981 c 308 § 1; 1979 ex.s. c 66 § 2; 1971
c 26 § 1; 1969 c 53 § 2; 1969 ex.s. c 223 § 28A.58.107.
Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967
c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c 104 § 1,
part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961 c 237 §
1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part; prior: 1943
c 52 § 1, part; 1941 c 179 § 1, part; 1939 c 131 § 1, part;
1925 ex.s. c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 §
1, part; 1909 c 97 p 285 § 2, part; 1907 c 240 § 5, part;
1903 c 104 § 17, part; 1901 c 41 § 3, part; 1897 c 118 § 40,
part; 1890 p 364 § 26, part; Rem. Supp. 1943 § 4776, part.
Formerly RCW 28A.58.107, 28.58.100(7), (13) and (14).]
Severability—1981 c 308: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 308 § 3.]
[Title 28A RCW—page 110]
Severability—1979 ex.s. c 66: See note following RCW
28A.310.180.
28A.320.090 Preparing and distributing information
on district’s instructional program, operation and
maintenance—Limitation. The board of directors of any
school district shall have authority to authorize the expenditure of funds for the purpose of preparing and distributing
information to the general public to explain the instructional
program, operation and maintenance of the schools of the
district: PROVIDED, That nothing contained herein shall be
construed to authorize preparation and distribution of
information to the general public for the purpose of influencing the outcome of a school district election. [1969 ex.s. c
283 § 11. Formerly RCW 28A.58.610, 28.58.610.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28A.320.100 Actions against officers, employees or
agents of school districts and educational service districts—Defense, costs, fees—Payment of obligation.
Whenever any action, claim or proceeding is instituted
against any director, officer, employee or agent of a school
district or educational service district arising out of the
performance or failure of performance of duties for, or
employment with any such district, the board of directors of
the school district or educational service district board, as the
case may be, may grant a request by such person that the
prosecuting attorney and/or attorney of the district’s choosing
be authorized to defend said claim, suit or proceeding, and
the costs of defense, attorney’s fees, and any obligation for
payment arising from such action may be paid from the
school district’s general fund, or in the case of an educational service district, from any appropriation made for the
support of the educational service district, to which said
person is attached: PROVIDED, That costs of defense
and/or judgment against such person shall not be paid in any
case where the court has found that such person was not
acting in good faith or within the scope of his or her
employment with or duties for the district. [1990 c 33 §
332; 1975 1st ex.s. c 275 § 115; 1972 ex.s. c 142 § 1.
Formerly RCW 28A.58.620.]
28A.320.110 Information and research services. For
the purpose of obtaining information on school organization,
administration, operation, finance and instruction, school
districts and educational service districts may contract for or
purchase information and research services from public
universities, colleges and other public bodies, or from private
individuals or agencies. For the same purpose, school
districts and educational service district superintendents may
become members of any nonprofit organization whose
principal purpose is to provide such services. Charges
payable for such services and membership fees payable to
such organizations may be based on the cost of providing
such services, on the benefit received by the participating
school districts measured by enrollment, or on any other
reasonable basis, and may be paid before, during, or after the
receipt of such services or the participation as members of
such organizations. [1975 1st ex.s. c 275 § 112; 1971 ex.s.
c 93 § 4; 1969 ex.s. c 176 § 142; 1969 ex.s. c 223 §
(2002 Ed.)
Provisions Applicable to all Districts
28A.58.530. Prior: 1963 c 30 § 1. Formerly RCW
28A.58.530, 28.58.530.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.320.120 Cooperation with technical colleges—
Jurisdiction over property—Administrative charges—
Discrimination against employees of technical colleges
prohibited—Dispute resolution. As of May 17, 1991,
school districts shall not remove facilities, equipment, or
property from the jurisdiction or use of the technical colleges. This shall include direct and indirect funds other than
those indirect charges provided for in the 1990-91 appropriations act. School districts shall not increase direct or indirect
charges for central district administrative support for technical college programs above the percentage rate charged in
the 1990-91 school year. This provision on administrative
charges for technical college programs shall apply to any
state and federal grants, tuition, and other revenues generated
by technical college programs. School districts and the
superintendent of public instruction shall cooperate fully with
the technical colleges and the state board for community and
technical colleges with regard to the implementation of
chapter 238, Laws of 1991. No employee of a technical
college may be discriminated against based on actions or
opinions expressed on issues surrounding chapter 238, Laws
of 1991. Any dispute related to issues contained in this
section shall be resolved under RCW 28B.50.302. [1991 c
238 § 142.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.320.125 Safe school plans—Development—
Progress reports—Rules. (1) By June 1, 2002, within
existing resources, the superintendent of public instruction,
in consultation with representatives from the emergency
management division of the state military department,
educators, classified staff, principals, superintendents, administrators, the American society for industrial security, the
state criminal justice training commission, the Washington
association of sheriffs and police chiefs, and others as
determined by the superintendent, shall provide guidance to
school districts in developing comprehensive safe school
plans for each school. This guidance shall include, but shall
not be limited to, a comprehensive school safety checklist to
use as a tool when developing their own individual comprehensive safe school plans, and successful models of comprehensive safe school plans that include prevention, intervention, all-hazards/crisis response, and postcrisis recovery.
(2) Schools and school districts shall consider the
guidance, including the comprehensive school safety checklist and the model comprehensive safe school plans, when
developing their own individual comprehensive safe school
plans.
(3) The superintendent of public instruction, in consultation with school district superintendents, shall establish
timelines for school districts to develop individual comprehensive safe school plans. The superintendent of public
instruction shall require school districts to periodically report
progress on their comprehensive safe school plans.
(2002 Ed.)
28A.320.110
(4) The superintendent of public instruction may adopt
rules to implement provisions of this section. These rules
may include, but are not limited to, provisions for periodic
drills and testing, evacuations, lockdowns, or other components of a comprehensive safe school plan. [2002 c 205 §
2.]
Findings—2002 c 205: "Following the tragic events of September 11,
2001, the government’s primary role in protecting the health, safety, and
well-being of its citizens has been underscored. The legislature recognizes
that there is a need to focus on the development and implementation of
comprehensive safe school plans for each public school. The legislature
recognizes that comprehensive safe school plans for each public school are
an integral part of rebuilding public confidence. In developing these plans,
the legislature finds that a coordinated effort is essential to ensure the most
effective response to any type of emergency. Further, the legislature
recognizes that comprehensive safe school plans for each public school are
of paramount importance and will help to assure students, parents,
guardians, school employees, and school administrators that our schools
provide the safest possible learning environment." [2002 c 205 § 1.]
Severability—2002 c 205: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 205 § 5.]
Effective dates—2002 c 205 §§ 2, 3, and 4: "(1) Sections 2 and 4
of this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [March 27, 2002].
(2) Section 3 of this act takes effect September 1, 2002." [2002 c 205
§ 6.]
28A.320.128 Notice and disclosure policies—Threats
of violence—Student conduct—Immunity for good faith
notice—Penalty. (1) By September 1, 2003, each school
district board of directors shall adopt a policy that addresses
the following issues:
(a) Procedures for providing notice of threats of violence or harm to the student or school employee who is the
subject of the threat. The policy shall define "threats of
violence or harm";
(b) Procedures for disclosing information that is provided to the school administrators about a student’s conduct,
including but not limited to the student’s prior disciplinary
records, official juvenile court records, and history of
violence, to classroom teachers, school staff, and school
security who, in the judgment of the principal, should be
notified; and
(c) Procedures for determining whether or not any
threats or conduct established in the policy may be grounds
for suspension or expulsion of the student.
(2) The superintendent of public instruction, in consultation with educators and representatives of law enforcement,
classified staff, and organizations with expertise in violence
prevention and intervention, shall adopt a model policy that
includes the issues listed in subsection (1) of this section by
January 1, 2003. The model policy shall be posted on the
superintendent of public instruction’s web site. The school
districts, in drafting their own policies, shall review the
model policy.
(3) School districts, school district boards of directors,
school officials, and school employees providing notice in
good faith as required and consistent with the board’s
policies adopted under this section are immune from any
liability arising out of such notification.
(4) A person who intentionally and in bad faith or
maliciously, knowingly makes a false notification of a threat
[Title 28A RCW—page 111]
28A.320.128
Title 28A RCW: Common School Provisions
under this section is guilty of a misdemeanor punishable
under RCW 9A.20.021. [2002 c 206 § 1.]
28A.320.130 Weapons incidents—Reporting. Each
school district and each private school approved under
chapter 28A.195 RCW shall report to the superintendent of
public instruction by January 31st of each year all known
incidents involving the possession of weapons on school
premises, on transportation systems, or in areas of facilities
while being used exclusively by public or private schools, in
violation of RCW 9.41.280 in the year preceding the report.
The superintendent shall compile the data and report it to the
house of representatives, the senate, and the governor. [1993
c 347 § 2.]
28A.320.135 Telecommunication devices—Limits on
possession—Policies. School district boards of directors
may adopt policies that limit the possession of (1) paging
telecommunication devices by students that emit audible
signals, vibrate, display a message, or otherwise summons or
delivers a communication to the possessor, and (2) portable
or cellular telephones. [1997 c 266 § 10.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.320.140 Schools with special standards—Dress
codes. (1) School district boards of directors may establish
schools or programs which parents may choose for their
children to attend in which: (a) Students are required to
conform to dress and grooming codes, including requiring
that students wear uniforms; (b) parents are required to
participate in the student’s education; or (c) discipline
requirements are more stringent than in other schools in the
district.
(2) School district boards of directors may establish
schools or programs in which: (a) Students are required to
conform to dress and grooming codes, including requiring
that students wear uniforms; (b) parents are regularly
counseled and encouraged to participate in the student’s
education; or (c) discipline requirements are more stringent
than in other schools in the district. School boards may
require that students who are subject to suspension or
expulsion attend these schools or programs as a condition of
continued enrollment in the school district.
(3) If students are required to wear uniforms in these
programs or schools, school districts shall accommodate
students so that the uniform requirement is not an unfair
barrier to school attendance and participation.
(4) Nothing in this section impairs or reduces in any
manner whatsoever the authority of a board under other law
to impose a dress and appearance code. However, if a board
requires uniforms under such other authority, it shall
accommodate students so that the uniform requirement is not
an unfair barrier to school attendance and participation.
(5) School district boards of directors may adopt dress
and grooming code policies which prohibit students from
wearing gang-related apparel. If a dress and grooming code
policy contains this provision, the school board must also
establish policies to notify students and parents of what
clothing and apparel is considered to be gang-related apparel.
[Title 28A RCW—page 112]
This notice must precede any disciplinary action resulting
from a student wearing gang-related apparel.
(6) School district boards of directors may not adopt a
dress and grooming code policy which precludes students
who participate in nationally recognized youth organizations
from wearing organization uniforms on days that the
organization has a scheduled activity or prohibit students
from wearing clothing in observance of their religion. [1997
c 266 § 14; 1994 sp.s. c 7 § 612.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
28A.320.155 Criminal history record information—
School volunteers. If a volunteer alerts a school district that
the volunteer has undergone a criminal records check in
accordance with applicable state law, including RCW
10.97.050, 28A.400.303, 28A.410.010, or 43.43.830 through
43.43.845, within the two years before the time the volunteer
is volunteering in the school, then the school may request
that the volunteer furnish the school with a copy of the
criminal history record information or sign a release to the
business, school, organization, criminal justice agency, or
juvenile justice or care agency, or other state agency that
originally obtained the criminal history record information to
permit the record information to be shared with the school.
Once the school requests the information from the business,
school, organization, or agency the information shall be
furnished to the school. Any business, school, organization,
agency, or its employee or official that shares the criminal
history record information with the requesting school in
accordance with this section is immune from criminal and
civil liability for dissemination of the information.
If the criminal history record information is shared, the
school must require the volunteer to sign a disclosure
statement indicating that there has been no conviction since
the completion date of the most recent criminal background
inquiry. [1999 c 21 § 1.]
28A.320.165 Notice of pesticide use. Schools as
defined in RCW 17.21.415 shall provide notice of pesticide
use to parents or guardians of students and employees
pursuant to chapter 17.21 RCW. [2001 c 333 § 4.]
Effective date—2001 c 333: See note following RCW 17.21.020.
PROGRAM EVALUATION
28A.320.200 Self-study process by school districts—
Requirements—Rules.
Reviser’s note: RCW 28A.320.200 was amended by 1995 c 335 §
502 without reference to its repeal by 1992 c 141 § 506. It has been
decodified for publication purposes under RCW 1.12.025.
28A.320.230 Instructional materials—Instructional
materials committee. Every board of directors, unless
otherwise specifically provided by law, shall:
(1) Prepare, negotiate, set forth in writing and adopt,
policy relative to the selection or deletion of instructional
materials. Such policy shall:
(2002 Ed.)
Provisions Applicable to all Districts
(a) State the school district’s goals and principles
relative to instructional materials;
(b) Delegate responsibility for the preparation and
recommendation of teachers’ reading lists and specify the
procedures to be followed in the selection of all instructional
materials including text books;
(c) Establish an instructional materials committee to be
appointed, with the approval of the school board, by the
school district’s chief administrative officer. This committee
shall consist of representative members of the district’s
professional staff, including representation from the district’s
curriculum development committees, and, in the case of
districts which operate elementary school(s) only, the
educational service district superintendent, one of whose responsibilities shall be to assure the correlation of those
elementary district adoptions with those of the high school
district(s) which serve their children. The committee may
include parents at the school board’s discretion: PROVIDED, That parent members shall make up less than one-half
of the total membership of the committee;
(d) Provide for reasonable notice to parents of the
opportunity to serve on the committee and for terms of
office for members of the instructional materials committee;
(e) Provide a system for receiving, considering and
acting upon written complaints regarding instructional
materials used by the school district;
(f) Provide free text books, supplies and other instructional materials to be loaned to the pupils of the school,
when, in its judgment, the best interests of the district will
be subserved thereby and prescribe rules and regulations to
preserve such books, supplies and other instructional materials from unnecessary damage.
Recommendation of instructional materials shall be by
the district’s instructional materials committee in accordance
with district policy. Approval or disapproval shall be by the
local school district’s board of directors.
Districts may pay the necessary travel and subsistence
expenses for expert counsel from outside the district. In
addition, the committee’s expenses incidental to visits to
observe other districts’ selection procedures may be reimbursed by the school district.
Districts may, within limitations stated in board policy,
use and experiment with instructional materials for a period
of time before general adoption is formalized.
Within the limitations of board policy, a school district’s
chief administrator may purchase instructional materials to
meet deviant needs or rapidly changing circumstances.
(2) Establish a depreciation scale for determining the
value of texts which students wish to purchase. [1989 c 371
§ 1; 1979 ex.s. c 134 § 2; 1975 1st ex.s. c 275 § 109; 1971
c 48 § 29; 1969 ex.s. c 223 § 28A.58.103. Prior: 1969 c 53
§ 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part;
1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 §
1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c
66 § 1, part; 1955 c 68 § 2, part. Formerly RCW
28A.58.103, 28.58.100 (8) and (9).]
Severability—1971 c 48: See note following RCW 28A.305.040.
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
Surplus texts and other educational aids, notice of availability—Student
priority as to texts: RCW 28A.335.180.
(2002 Ed.)
28A.320.230
28A.320.240 Operation and stocking of libraries.
Every board of directors shall provide for the operation and
stocking of such libraries as the board deems necessary for
the proper education of the district’s students or as otherwise
required by law or rule or regulation of the superintendent of
public instruction or the state board of education. [1969
ex.s. c 223 § 28A.58.104. Prior: (i) 1909 c 97 p 299 § 7;
RRS § 4817. Formerly RCW 28.63.040. (ii) 1909 c 97 p
302 § 7; RRS § 4829. Formerly RCW 28A.58.104,
28.63.042.]
DEPOSIT, INVESTMENT, AND USE OF PROCEEDS
28A.320.300 Investment of funds, including funds
received by ESD—Authority—Procedure. Any common
school district board of directors is empowered to direct and
authorize, and to delegate authority to an employee, officer,
or agent of the common school district or the educational
service district to direct and authorize, the county treasurer
to invest funds described in RCW 28A.320.310 and
28A.320.320 and funds from state and federal sources as are
then or thereafter received by the educational service district,
and such funds from county sources as are then or thereafter
received by the county treasurer, for distribution to the
common school districts. Funds from state, county and
federal sources which are so invested may be invested only
for the period the funds are not required for the immediate
necessities of the common school district as determined by
the school district board of directors or its delegatee, and
shall be invested in behalf of the common school district
pursuant to the terms of RCW 28A.320.310, 28A.320.320,
36.29.020, 36.29.022, or 36.29.024 as the nature of the funds
shall dictate. A grant of authority by a common school district pursuant to this section shall be by resolution of the
board of directors and shall specify the duration and extent
of the authority so granted. Any authority delegated to an
educational service district pursuant to this section may be
redelegated pursuant to RCW 28A.310.220. [1999 c 18 § 1;
1990 c 33 § 335; 1982 c 191 § 5; 1975 c 47 § 1. Formerly
RCW 28A.58.430.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.320.310 Investment of building funds—
Restrictions. The board of directors of any school district
of the state of Washington which now has, or hereafter shall
have, funds in the capital projects fund of the district in the
office of the county treasurer which in the judgment of said
board are not required for the immediate necessities of the
district, may invest and reinvest all, or any part, of such
funds pursuant to RCW 35.39.030, 36.29.020, 36.29.022,
36.29.024, 39.59.020, 39.59.030, and 43.84.080: PROVIDED, That nothing herein authorized, or the type and character of the securities thus specified, shall have in itself the
effect of delaying any program of building for which said
funds shall have been authorized. Said funds and said
securities and the profit and interest thereon, and the
proceeds thereof, shall be held by the county treasurer to the
credit and benefit of the capital projects fund of the district
in the county treasurer’s office. [1999 c 18 § 2; 1990 c 33
[Title 28A RCW—page 113]
28A.320.310
Title 28A RCW: Common School Provisions
§ 336; 1985 c 7 § 95; 1971 c 8 § 4. Prior: 1945 c 29 § 1.
Formerly RCW 28A.58.435.]
Severability—1971 c 8: "If any provision of this 1971 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 c 8 § 7.]
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.320.320 Investment of funds of district—
Service fee. The county treasurer, or the trustee, guardian,
or any other custodian of any school fund, when authorized
to do so by the board of directors of any school district,
shall invest or reinvest any school funds of such district in
investment securities pursuant to RCW 36.29.020 and
36.29.022. The county treasurer shall have the power to
select the particular investment in which said funds may be
invested. All earnings and income from such investments
shall inure to the benefit of any school fund designated by
the board of directors of the school district which such board
may lawfully designate: PROVIDED, That any interest or
earnings being credited to a fund different from that which
earned the interest or earnings shall only be expended for
instructional supplies, equipment or capital outlay purposes.
This section shall apply to all funds which may be lawfully
so invested or reinvested which in the judgment of the
school board are not required for the immediate necessities
of the district.
Five percent of the interest or earnings, with an annual
minimum of ten dollars or annual maximum of fifty dollars,
on any transactions authorized by each resolution of the
board of school directors shall be paid as an investment
service fee to the office of county treasurer when the interest
or earnings becomes available to the school district or an
amount as determined pursuant to RCW 36.29.022 and
36.29.024. [1999 c 18 § 3; 1983 c 66 § 1; 1969 ex.s. c 223
§ 28A.58.440. Prior: 1965 c 111 § 1; 1961 c 123 § 1.
Formerly RCW 28A.58.440, 28.58.440.]
Severability—1983 c 66: See note following RCW 39.58.010.
Investment of idle building funds—1945 act: 1945 c 29 § 1.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.320.330 School funds enumerated—Deposits—
Uses. School districts shall establish the following funds in
addition to those provided elsewhere by law:
(1) A general fund for maintenance and operation of the
school district to account for all financial operations of the
school district except those required to be accounted for in
another fund.
(2) A capital projects fund shall be established for major
capital purposes. All statutory references to a "building
fund" shall mean the capital projects fund so established.
Money to be deposited into the capital projects fund shall
include, but not be limited to, bond proceeds, proceeds from
excess levies authorized by RCW 84.52.053, state apportionment proceeds as authorized by RCW 28A.150.270, and
earnings from capital projects fund investments as authorized
by RCW 28A.320.310 and 28A.320.320.
Money derived from the sale of bonds, including interest
earnings thereof, may only be used for those purposes
described in RCW 28A.530.010, except that accrued interest
paid for bonds shall be deposited in the debt service fund.
[Title 28A RCW—page 114]
Money to be deposited into the capital projects fund
shall include but not be limited to rental and lease proceeds
as authorized by RCW 28A.335.060, and proceeds from the
sale of real property as authorized by RCW 28A.335.130.
Money legally deposited into the capital projects fund
from other sources may be used for the purposes described
in RCW 28A.530.010, and for the purposes of:
(a) Major renovation, including the replacement of
facilities and systems where periodical repairs are no longer
economical. Major renovation and replacement shall
include, but shall not be limited to, roofing, heating and
ventilating systems, floor covering, and electrical systems.
(b) Renovation and rehabilitation of playfields, athletic
fields, and other district real property.
(c) The conduct of preliminary energy audits and energy
audits of school district buildings. For the purpose of this
section:
(i) "Preliminary energy audits" means a determination
of the energy consumption characteristics of a building,
including the size, type, rate of energy consumption, and
major energy using systems of the building.
(ii) "Energy audit" means a survey of a building or
complex which identifies the type, size, energy use level, and
major energy using systems; which determines appropriate
energy conservation maintenance or operating procedures
and assesses any need for the acquisition and installation of
energy conservation measures, including solar energy and
renewable resource measures.
(iii) "Energy capital improvement" means the installation, or modification of the installation, of energy conservation measures in a building which measures are primarily
intended to reduce energy consumption or allow the use of
an alternative energy source.
(d) Those energy capital improvements which are
identified as being cost-effective in the audits authorized by
this section.
(e) Purchase or installation of additional major items of
equipment and furniture: PROVIDED, That vehicles shall
not be purchased with capital projects fund money.
(f) Costs associated with implementing technology
systems, facilities, and projects, including acquiring hardware, licensing software, and on-line applications and
training related to the installation of the foregoing. However, the software or applications must be an integral part of
the district’s technology systems, facilities, or projects.
(3) A debt service fund to provide for tax proceeds,
other revenues, and disbursements as authorized in chapter
39.44 RCW.
(4) An associated student body fund as authorized by
RCW 28A.325.030.
(5) Advance refunding bond funds and refunded bond
funds to provide for the proceeds and disbursements as
authorized in chapter 39.53 RCW. [2002 c 275 § 2; 1990 c
33 § 337; 1983 c 59 § 13; 1982 c 191 § 6; 1981 c 250 § 2.
Formerly RCW 28A.58.441.]
Declaration—2002 c 275: "The legislature recognizes and acknowledges that technology has become an integral part of the facilities and
educational delivery systems in our schools. In order to prepare our state’s
students to participate fully in our state’s economy, substantial capital
investments must continue to be made in our schools’ comprehensive
technology systems, facilities, and projects. These investments are declared
to be a major capital purpose." [2002 c 275 § 1.]
(2002 Ed.)
Provisions Applicable to all Districts
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1982 c 191: See note following RCW 28A.335.210.
Effective date—1981 c 250: See note following RCW 28A.335.060.
ELECTORS—QUALIFICATIONS, VOTING PLACE,
AND SPECIAL MEETINGS
28A.320.400 Elections—Qualifications of electors—
Voting place. Qualifications of electors at all school
elections shall be the same as at a general state or county
election. Except as otherwise provided by law, only those
electors residing within the district shall be entitled to vote,
and an elector may vote only at the polling place designated
by the proper election official. [1969 ex.s. c 223 §
28A.58.520. Prior: 1941 c 12 § 1; Rem. Supp. 1941 §
5025-1. Formerly RCW 28A.58.520, 28.58.520.]
28A.320.410 Elections—Elections to be conducted
according to Title 29 RCW. All school district elections,
regular or special, shall be conducted according to the
election laws of the state as contained in Title 29 RCW, and
in the event of a conflict as to the application of the laws of
this title or Title 29 RCW, the latter shall prevail. [1969
ex.s. c 223 § 28A.58.521. Prior: 1965 c 123 § 8. Formerly
RCW 28A.58.521, 28.58.521.]
28A.320.420 Special meetings of voters—
Authorized—Purpose. Any board of directors at its discretion may, and, upon a petition of a majority of the legal
voters of their district, shall call a special meeting of the
voters of the district, to determine the length of time in
excess of the minimum length of time prescribed by law that
such school shall be maintained in the district during the
year; to determine whether or not the district shall purchase
any schoolhouse site or sites, and to determine the location
thereof; or to determine whether or not the district shall
build one or more schoolhouses or school facilities; or to
determine whether or not the district shall sell any real or
personal property belonging to the district, borrow money or
establish and maintain a school district library. [1982 c 158
§ 4; 1969 ex.s. c 223 § 28A.58.370. Prior: 1909 c 97 p 349
§ 1; RRS § 5028; prior: 1901 c 177 § 18; 1897 c 118 §
156. Formerly RCW 28A.58.370, 28.58.370.]
Severability—1982 c 158: See note following RCW 28A.150.220.
28A.320.430 Special meetings of voters—Place,
notice, procedure, record. All such special meetings shall
be held at such schoolhouse or place as the board of directors may determine. The voting shall be by ballot, the
ballots to be of white paper of uniform size and quality. At
least ten days’ notice of such special meeting shall be given
by the school district superintendent, in the manner that notice is required to be given of the annual school election,
which notice shall state the object or objects for which the
meeting is to be held, and no other business shall be
transacted at such meeting than such as is specified in the
notice. The school district superintendent shall be the
secretary of the meeting, and the chairman of the board of
directors or, in his absence, the senior director present, shall
be chairman of the meeting: PROVIDED, That in the
(2002 Ed.)
28A.320.330
absence of one or all of said officials, the qualified electors
present may elect a chairman or secretary, or both chairman
and secretary, of said meeting as occasion may require, from
among their number. The secretary of the meeting shall
make a record of the proceedings of the meeting, and when
the secretary of such meeting has been elected by the
qualified voters present, he or she shall within ten days
thereafter, file the record of the proceedings, duly certified,
with the superintendent of the district, and said records shall
become a part of the records of the district, and be preserved
as other records. [1990 c 33 § 338; 1969 ex.s. c 223 §
28A.58.380. Prior: 1909 c 97 p 350 § 2; RRS § 5029;
prior: 1897 c 118 § 157. Formerly RCW 28A.58.380,
28.58.380, 28.58.390, part.]
28A.320.440 Special meetings of voters—Directors
to follow electors’ decision. It shall be the duty of every
board of directors to carry out the directions of the electors
of their districts as expressed at any such meeting. [1969
ex.s. c 223 § 28A.58.390. Prior: 1909 c 97 p 350 § 3; RRS
§ 5030; prior: 1897 c 118 § 158. Formerly RCW
28A.58.390, 28.58.390.]
SUMMER SCHOOL, NIGHT SCHOOL,
EXTRACURRICULAR ACTIVITIES, AND ATHLETICS
28A.320.500 Summer and/or other student vacation
period programs—Authorized—Tuition and fees. Every
school district board of directors is authorized to establish
and operate summer and/or other student vacation period
programs and to assess such tuition and special fees as it
deems necessary to offset the maintenance and operation
costs of such programs in whole or part. A summer and/or
other student vacation period program may consist of such
courses and activities as the school district board shall
determine to be appropriate: PROVIDED, That such courses
and activities shall not conflict with the provisions of RCW
28A.305.130. Attendance shall be voluntary. [1990 c 33 §
339; 1974 ex.s. c 161 § 1. Formerly RCW 28A.58.080.]
28A.320.510 Night schools, summer schools, meetings, use of facilities for. Every board of directors, unless
otherwise specifically provided by law, shall:
(1) Authorize school facilities to be used for night
schools and establish and maintain the same whenever
deemed advisable;
(2) Authorize school facilities to be used for summer
schools or for meetings, whether public, literary, scientific,
religious, political, mechanical, agricultural or whatever,
upon approval of the board under such rules or regulations
as the board of directors may adopt, which rules or regulations may require a reasonable rental for the use of such
facilities. [1969 ex.s. c 223 § 28A.58.105. Prior: 1969 c
53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part;
1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 §
1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c
66 § 1, part; 1955 c 68 § 2, part. Formerly RCW
28A.58.105, 28.58.100 (10) and (12).]
28A.320.520 School credit for participation in youth
court. Local school boards may provide for school credit
[Title 28A RCW—page 115]
28A.320.520
Title 28A RCW: Common School Provisions
for participation as a member of a youth court as defined in
RCW 3.72.005 or 13.40.020 or a student court pursuant to
RCW 28A.300.420. [2002 c 237 § 18.]
Chapter 28A.323
JOINT SCHOOL DISTRICTS—SCHOOL
DISTRICTS IN TWO OR MORE EDUCATIONAL
SERVICE DISTRICTS
Sections
28A.323.010
28A.323.020
28A.323.030
28A.323.040
28A.323.050
28A.323.060
28A.323.070
28A.323.080
28A.323.090
28A.323.100
Joint school districts—Defined—Designation.
School districts in two or more educational service
districts—Change or adjustment of districts.
School districts in two or more educational service
districts—Proposed change or adjustment—
Procedure when one committee does not approve
or fails to act—Temporary committee.
Joint school districts—Administration—County to
which joint school district considered as belonging.
Joint school districts—Elections for director.
Joint school districts—Directors—Vacancies.
Joint school districts—Powers and duties.
Joint school districts—Assessed valuation—
Certification.
Joint school districts—Levy of tax.
Joint school districts—Levy of tax—Remittance to
district treasurer.
28A.323.010 Joint school districts—Defined—
Designation. Any school district composed of territory
lying in more than one county shall be known as a joint
school district, and shall be designated by number in
accordance with rules and regulations promulgated under
*RCW 28A.305.150. [1990 c 33 § 309; 1973 c 47 § 1;
1969 ex.s. c 223 § 28A.57.230. Prior: 1947 c 266 § 25;
Rem. Supp. 1947 § 4693-44; prior: 1909 c 97 p 264 § 6;
RRS § 4699; prior: 1897 c 118 § 13. Formerly RCW
28A.315.350, 28A.57.230, 28.57.230.]
*Reviser’s note: RCW 28A.305.150 was repealed by 1999 c 315 §
801. Later enactment, see RCW 28A.300.065.
Severability—1973 c 47: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 47 § 6.]
28A.323.020 School districts in two or more educational service districts—Change or adjustment of districts. The duties in this chapter imposed upon and required
to be performed by a regional committee and by an educational service district superintendent in connection with a
change in the organization and extent of school districts
and/or with the adjustment of the assets and liabilities of
school districts and with all matters related to such change
or adjustment whenever territory lying in a single educational service district is involved shall be performed jointly by
the regional committees and by the superintendents of the
several educational service districts as required whenever
territory lying in more than one educational service district
is involved in a proposed change in the organization and
extent of school districts: PROVIDED, That a regional
committee may designate three of its members, or two of its
members and the educational service district superintendent,
as a subcommittee to serve in lieu of the whole committee,
[Title 28A RCW—page 116]
but action by a subcommittee shall not be binding unless
approved by a majority of the regional committee. Proposals
for changes in the organization and extent of school districts
and proposed terms of adjustment of assets and liabilities
thus prepared and approved shall be submitted to the state
board by the regional committee of the educational service
district in which is located the part of the proposed or
enlarged district having the largest number of common
school pupils residing therein. [1985 c 385 § 25; 1975 1st
ex.s. c 275 § 95; 1973 c 47 § 2; 1969 ex.s. c 176 § 131;
1969 ex.s. c 223 § 28A.57.240. Prior: 1947 c 266 § 26;
Rem. Supp. 1947 § 4693-45. Formerly RCW 28A.315.360,
28A.57.240, 28.57.240.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1973 c 47: See note following RCW 28A.323.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.323.030 School districts in two or more educational service districts—Proposed change or adjustment—Procedure when one committee does not approve
or fails to act—Temporary committee. Whenever a
proposed change in the organization and extent of school
districts or an adjustment of the assets and liabilities of
school districts, or both, or any other matters related to such
change or adjustment involve school districts in two or more
educational service districts, and a majority of at least one of
the regional committees involved approve a proposal but the
proposal is not approved by the other regional committee or
committees or one or more of said committees fails or
refuses to act upon the proposal within sixty days of its
receipt, the regional committee or committees approving the
proposal shall certify the proposal and its approval to the
state superintendent of public instruction. Upon receipt of a
properly certified proposal, the state superintendent of public
instruction shall appoint a temporary committee composed of
five persons. The members of the temporary committee
shall be selected from the membership of any regional
committee in this state except that no member shall be
appointed from any educational service district in which
there is situated a school district that would be affected by
the proposed change. Said committee shall meet at the call
of the state superintendent of public instruction and organize
by electing a chair and secretary. Thereupon, this temporary
committee shall have jurisdiction of the proposal and shall
treat the same as a proposal initiated on its own motion.
Said committee shall have the powers and duties imposed
upon and required to be performed by a regional committee
under the provisions of this chapter and the secretary of the
committee shall have the powers and duties imposed upon
and required to be performed by the educational service
district superintendents under the provisions of this chapter.
It shall be the duty of the educational service district superintendents of the educational service districts in which the
school districts that would be affected by the proposed
change are situated to assist the temporary committee by
supplying said committee with information from the records
and files of their offices and with a proper and suitable place
for holding meetings. [1990 c 33 § 310; 1985 c 385 § 26;
1975 1st ex.s. c 275 § 96; 1969 ex.s. c 176 § 132; 1969 ex.s.
(2002 Ed.)
Joint School Districts—School Districts in Two or More Educational Service Districts
c 223 § 28A.57.245. Prior: 1959 c 268 § 5. Formerly
RCW 28A.315.370, 28A.57.245, 28.57.245.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.323.040
Joint school districts—
Administration—County to which joint school district
considered as belonging. For all purposes essential to the
maintenance, operation, and administration of the schools of
a district, including the apportionment of current state and
county school funds, the county in which a joint school
district shall be considered as belonging shall be as designated by the state board of education. Prior to making such
designation, the state board of education shall hold at least
one public hearing on the matter, at which time the recommendation of the joint school district shall be presented
and, in addition to such recommendation, the state board
shall consider the following prior to its designation:
(1) Service needs of such district;
(2) Availability of services;
(3) Geographic location of district and servicing
agencies; and
(4) Relationship to contiguous school districts. [1973 c
47 § 3; 1969 ex.s. c 223 § 28A.57.250. Prior: 1947 c 266
§ 27; Rem. Supp. 1947 § 4693-46. Formerly RCW
28A.315.380, 28A.57.250, 28.57.250.]
Severability—1973 c 47: See note following RCW 28A.323.010.
28A.323.050 Joint school districts—Elections for
director. The registered voters residing within a joint
school district shall be entitled to vote on the office of
school director of their district.
Jurisdiction of any such election shall rest with the
county auditor of the county administering such joint district
as provided in *RCW 28A.315.380.
At each general election, or upon approval of a request
for a special election as provided for in RCW 29.13.020,
such county auditor shall:
(1) See that there shall be at least one polling place in
each county;
(2) At least twenty days prior to the elections concerned,
certify in writing to the superintendent of the school district
the number and location of the polling places established by
such auditor for such regular or special elections; and
(3) Do all things otherwise required by law for the
conduct of such election.
It is the intention of this section that the qualified
electors of a joint school district shall not be forced to go to
a different polling place on the same day when other
elections are being held to vote for school directors of their
district. [1990 c 33 § 311; 1983 c 56 § 6; 1975 1st ex.s. c
275 § 97; 1973 c 47 § 4; 1969 ex.s. c 176 § 133; 1969 ex.s.
c 223 § 28A.57.255. Prior: 1961 c 130 § 23. Formerly
RCW 28A.315.390, 28A.57.255, 28.57.255.]
*Reviser’s note: RCW 28A.315.380 was recodified as RCW
28A.323.040 pursuant to 1999 c 315 § 803.
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1973 c 47: See note following RCW 28A.323.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
(2002 Ed.)
28A.323.030
28A.323.060 Joint school districts—Directors—
Vacancies. A vacancy in the office of director of a joint
district shall be filled in the manner provided by *RCW
28A.315.530 for filling vacancies, such appointment to be
valid only until a director is elected and qualified to fill such
vacancy at the next regular district election. [1990 c 33 §
312; 1973 c 47 § 5; 1971 c 53 § 3; 1969 ex.s. c 176 § 134;
1969 ex.s. c 223 § 28A.57.260. Prior: 1947 c 266 § 28;
Rem. Supp. 1947 § 4693-47. Formerly RCW 28A.315.400,
28A.57.260, 28.57.260.]
*Reviser’s note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
Severability—1973 c 47: See note following RCW 28A.323.010.
Severability—1971 c 53: "If any provision of this 1971 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 c 53 § 6.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.323.070 Joint school districts—Powers and
duties. A joint school district and the officers thereof shall
possess all the powers and be subject to all of the duties
vested in or imposed upon other school districts of the same
class and upon the officers thereof, except as otherwise
provided by law. Whenever the laws relating to school
districts shall provide for any action by a county officer,
such action, if required to be performed in behalf of a joint
school district, shall be performed by the proper officer of
the county to which the joint district belongs, except as
otherwise provided by law. [1969 ex.s. c 223 § 28A.57.270.
Prior: 1947 c 266 § 29; Rem. Supp. 1947 § 4693-48.
Formerly RCW 28A.315.410, 28A.57.270, 28.57.270.]
28A.323.080 Joint school districts—Assessed
valuation—Certification. It shall be the duty of the
assessor of each county, a part of which is included within
a joint school district, to certify annually to the auditor of the
assessor’s county and to the auditor of the county to which
the joint district belongs, for the board of county commissioners thereof, the aggregate assessed valuation of all
taxable property in the assessor’s county situated in such
joint school district, as the same appears from the last
assessment roll of the assessor’s county. [1990 c 33 § 313;
1969 ex.s. c 223 § 28A.57.280. Prior: 1947 c 266 § 30;
Rem. Supp. 1947 § 4693-49; prior: 1927 c 286 § 1; 1925
ex.s. c 77 § 8; RRS § 4753-8. Formerly RCW 28A.315.420,
28A.57.280, 28.57.280.]
28A.323.090 Joint school districts—Levy of tax.
The amount of tax to be levied upon the taxable property of
that part of a joint school district lying in one county shall
be in such ratio to the whole amount levied upon the
property in the entire joint district as the assessed valuation
of the property lying in such county bears to the assessed
valuation of the property in the entire joint district. [1983 c
56 § 7; 1975 1st ex.s. c 275 § 98; 1969 ex.s. c 176 § 135;
1969 ex.s. c 223 § 28A.57.290. Prior: 1947 c 266 § 31;
Rem. Supp. 1947 § 4693-50; prior: (i) 1925 ex.s. c 77 § 10;
[Title 28A RCW—page 117]
28A.323.090
Title 28A RCW: Common School Provisions
RRS § 4753-10. (ii) 1927 c 286 § 2; RRS § 4753-11.
Formerly RCW 28A.315.430, 28A.57.290, 28.57.290.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.323.100 Joint school districts—Levy of tax—
Remittance to district treasurer. Upon receipt of the
aforesaid certificate, it shall be the duty of the county
legislative authority of each county to levy on all taxable
property of that part of the joint school district which lies
within the county a tax sufficient to raise the amount
necessary to meet the county’s proportionate share of the
estimated expenditures of the joint district, as shown by the
certificate of the educational service district superintendent
of the district to which the joint school district belongs.
Such taxes shall be levied and collected in the same manner
as other taxes are levied and collected, and the proceeds
thereof shall be forwarded monthly by the treasurer of each
county, other than the county to which the joint district
belongs, to the treasurer of the county to which such district
belongs and shall be placed to the credit of said district.
The treasurer of the county to which a joint school district
belongs is hereby declared to be the treasurer of such
district. [1994 c 301 § 3; 1975 1st ex.s. c 275 § 99; 1969
ex.s. c 176 § 136; 1969 ex.s. c 223 § 28A.57.300. Prior:
1947 c 266 § 32; Rem. Supp. 1947 § 4693-51. Formerly
RCW 28A.315.440, 28A.57.300, 28.57.300.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Chapter 28A.325
ASSOCIATED STUDENT BODIES
Sections
28A.325.010
28A.325.020
28A.325.030
Fees for optional noncredit extracurricular events—
Disposition.
Associated student bodies—Powers and responsibilities
affecting.
Associated student body program fund—Fund-raising
activities—Nonassociated student body program
fund moneys.
28A.325.010 Fees for optional noncredit extracurricular events—Disposition. The board of directors of any
common school district may establish and collect a fee from
students and nonstudents as a condition to their attendance
at any optional noncredit extracurricular event of the district
which is of a cultural, social, recreational, or athletic nature:
PROVIDED, That in so establishing such fee or fees, the
district shall adopt regulations for waiving and reducing such
fees in the cases of those students whose families, by reason
of their low income, would have difficulty in paying the entire amount of such fees and may likewise waive or reduce
such fees for nonstudents of the age of sixty-five or over
who, by reason of their low income, would have difficulty
in paying the entire amount of such fees. An optional
comprehensive fee may be established and collected for any
combination or all of such events or, in the alternative, a fee
may be established and collected as a condition to attendance
at any single event. Fees collected pursuant to this section
shall be deposited in the associated student body program
[Title 28A RCW—page 118]
fund of the school district, and may be expended to defray
the costs of optional noncredit extracurricular events of such
a cultural, social, recreational, or athletic nature, or to
otherwise support the activities and programs of associated
student bodies. [1977 ex.s. c 170 § 1; 1975 1st ex.s. c 284
§ 1. Formerly RCW 28A.58.113.]
Severability—1975 1st ex.s. c 284: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of its provisions to other persons or circumstances is not affected." [1975 1st ex.s. c 284 § 4.]
28A.325.020 Associated student bodies—Powers and
responsibilities affecting. As used in this section, an
"associated student body" means the formal organization of
the students of a school formed with the approval of and
regulation by the board of directors of the school district in
conformity to the rules and regulations promulgated by the
superintendent of public instruction: PROVIDED, That the
board of directors of a school district may act or delegate the
authority to an employee of the district to act as the associated student body for any school plant facility within the
district containing no grade higher than the sixth grade.
The superintendent of public instruction, after consultation with appropriate school organizations and students, shall
promulgate rules and regulations to designate the powers and
responsibilities of the boards of directors of the school
districts of the state of Washington in developing efficient
administration, management, and control of moneys, records,
and reports of the associated student bodies organized in the
public schools of the state. [1984 c 98 § 1; 1975 1st ex.s.
c 284 § 3; 1973 c 52 § 1. Formerly RCW 28A.58.115.]
Severability—1975 1st ex.s. c 284: See note following RCW
28A.325.010.
28A.325.030 Associated student body program
fund—Fund-raising activities—Nonassociated student
body program fund moneys. (1)(a) There is hereby created
a fund on deposit with each county treasurer for each school
district of the county having an associated student body as
defined in RCW 28A.325.020. Such fund shall be known as
the associated student body program fund. Rules adopted by
the superintendent of public instruction under RCW
28A.325.020 shall require separate accounting for each associated student body’s transactions in the school district’s
associated student body program fund.
(b) All moneys generated through the programs and
activities of any associated student body shall be deposited
in the associated student body program fund. Such funds
may be invested for the sole benefit of the associated student
body program fund in items enumerated in RCW
28A.320.320 and the county treasurer may assess a fee as
provided therein. Disbursements from such fund shall be
under the control and supervision, and with the approval, of
the board of directors of the school district, and shall be by
warrant as provided in chapter 28A.350 RCW: PROVIDED,
That in no case shall such warrants be issued in an amount
greater than the funds on deposit with the county treasurer
in the associated student body program fund. To facilitate
the payment of obligations, an imprest bank account or
accounts may be created and replenished from the associated
student body program fund.
(2002 Ed.)
Associated Student Bodies
(c) The associated student body program fund shall be
budgeted by the associated student body, subject to approval
by the board of directors of the school district. All disbursements from the associated student body program fund or any
imprest bank account established thereunder shall have the
prior approval of the appropriate governing body representing the associated student body. Notwithstanding the
provisions of RCW 43.09.210, it shall not be mandatory that
expenditures from the district’s general fund in support of
associated student body programs and activities be reimbursed by payments from the associated student body
program fund.
(2) Subject to applicable school board policies, student
groups may conduct fund-raising activities, including but not
limited to soliciting donations, in their private capacities for
the purpose of generating nonassociated student body fund
moneys. The school board policy shall include provisions to
ensure appropriate accountability for these funds.
Nonassociated student body program fund moneys generated
and received by students for private purposes to use for
scholarship, student exchange, and/or charitable purposes
shall be held in trust in one or more separate accounts within
an associated student body program fund and be disbursed
for such purposes as the student group conducting the fundraising activity shall determine: PROVIDED, That the
school district shall either withhold an amount from such
moneys as will pay the district for its direct costs in providing the service or otherwise be compensated for its cost for
such service. Nonassociated student body program fund
moneys shall not be deemed public moneys under section 7,
Article VIII of the state Constitution. Notice shall be given
identifying the intended use of the proceeds. The notice
shall also state that the proceeds are nonassociated student
body funds to be held in trust by the school district exclusively for the intended purpose. "Charitable purpose" under
this section does not include any activity related to assisting
a campaign for election of a person to an office or for the
promotion or opposition to a ballot proposition. [2000 c 157
§ 2; 1990 c 33 § 340; 1984 c 98 § 2; 1982 c 231 § 1; 1977
ex.s. c 160 § 1; 1975 1st ex.s. c 284 § 2. Formerly RCW
28A.58.120.]
Findings—Intent—2000 c 157: "The legislature finds that current
law permits associated student bodies to conduct fund-raising activities,
including but not limited to soliciting donations, to raise money for school
sports programs and school clubs. However, students also want to conduct
fund-raising activities for charitable causes, such as to fund scholarships and
student exchange programs, assist families whose homes have been
destroyed, to fund community projects, and to rebuild the Statue of Liberty.
The legislature further finds that current law is not clear how student
groups may raise funds for charitable purposes, whether proceeds from any
fund-raising activities can be used for charitable purposes or only donations
may be used for charitable purposes, and whether recipients must be "poor
or infirm." This has resulted in considerable confusion on the part of
students regarding what type of fund-raising is permissible when funds are
raised for charitable purposes by student groups.
It is the intent of the legislature to allow students to broaden the types
of fund-raisers that they may conduct for charitable purposes in their private
nonassociated student body capacities, and ensure that these funds will be
separate from student body funds to avoid constitutional issues pertaining
to the gifting of public funds." [2000 c 157 § 1.]
Severability—1982 c 231: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 231 § 2.]
Severability—1975 1st ex.s. c 284: See note following RCW
28A.325.010.
(2002 Ed.)
28A.325.030
Establishment of associated student body fund: RCW 28A.320.330.
Chapter 28A.330
PROVISIONS APPLICABLE TO
SCHOOL DISTRICTS
Sections
PROVISIONS APPLICABLE ONLY
TO FIRST CLASS DISTRICTS
28A.330.010
28A.330.020
28A.330.030
28A.330.040
28A.330.050
28A.330.060
28A.330.070
28A.330.080
28A.330.090
28A.330.100
28A.330.110
Board president, vice president or president pro tempore—Secretary.
Certain board elections, manner and vote required—
Selection of personnel, manner.
Duties of president.
Duties of vice president.
Duties of superintendent as secretary of the board.
Superintendent’s bond and oath.
Office of board—Records available for public inspection.
Payment of claims—Signing of warrants.
Auditing committee and expenditures.
Additional powers of board.
Insurance reserve—Funds.
PROVISIONS APPLICABLE ONLY
TO SECOND CLASS DISTRICTS
28A.330.200
Organization of board—Assumption of
superintendent’s duties by board member, when.
28A.330.210
Notice to ESD superintendent of change of chairman
or superintendent.
28A.330.220
Attorney may be employed.
28A.330.230
Drawing and issuance of warrants.
28A.330.240
Employment contracts.
Missing children, participation by local school districts in providing
information: RCW 13.60.030.
PROVISIONS APPLICABLE ONLY
TO FIRST CLASS DISTRICTS
28A.330.010 Board president, vice president or
president pro tempore—Secretary. At the first meeting of
the members of the board they shall elect a president and
vice president from among their number who shall serve for
a term of one year or until their successors are elected. In
the event of the temporary absence or disability of both the
president and vice president, the board of directors may elect
a president pro tempore who shall discharge all the duties of
president during such temporary absence or disability.
The superintendent of such school district shall act as
secretary to the board in accordance with the provisions of
RCW 28A.400.030. [1990 c 33 § 341; 1969 ex.s. c 223 §
28A.59.030. Prior: 1953 c 111 § 6; prior: 1909 c 97 p 290
§ 3, part; RRS § 4792, part. Formerly RCW 28A.59.030,
28.62.030.]
28A.330.020 Certain board elections, manner and
vote required—Selection of personnel, manner. The
election of the officers of the board of directors or to fill any
vacancy as provided in *RCW 28A.315.530, and the
selection of the school district superintendent shall be by oral
call of the roll of all the members, and no person shall be
declared elected or selected unless he or she receives a
majority vote of all the members of the board. Selection of
other certificated and classified personnel shall be made in
such manner as the board shall determine. [1997 c 13 § 8;
[Title 28A RCW—page 119]
28A.330.020
Title 28A RCW: Common School Provisions
1990 c 33 § 342; 1969 ex.s. c 223 § 28A.59.040. Prior:
1909 c 97 p 290 § 4; RRS § 4793. Formerly RCW
28A.59.040, 28.62.040.]
*Reviser’s note: RCW 28A.315.530 was recodified as RCW
28A.343.370 pursuant to 1999 c 315 § 804.
28A.330.030 Duties of president. It shall be the duty
of the president to preside at all meetings of the board, and
to perform such other duties as the board may prescribe.
[1969 ex.s. c 223 § 28A.59.050. Prior: 1909 c 97 p 290 §
5; RRS § 4794. Formerly RCW 28A.59.050, 28.62.050.]
28A.330.040 Duties of vice president. It shall be the
duty of the vice president to perform all the duties of
president in case of the president’s absence or disability.
[1990 c 33 § 343; 1969 ex.s. c 223 § 28A.59.060. Prior:
1909 c 97 p 291 § 6; RRS § 4795. Formerly RCW
28A.59.060, 28.62.060.]
28A.330.050 Duties of superintendent as secretary
of the board. In addition to the duties as prescribed in
RCW 28A.400.030, the school district superintendent, as
secretary of the board, may be authorized by the board to act
as business manager, purchasing agent, and/or superintendent
of buildings and janitors, and charged with the special care
of school buildings and other property of the district, and he
or she shall perform other duties as the board may direct.
[1990 c 33 § 344; 1969 ex.s. c 223 § 28A.59.070. Prior:
1919 c 90 § 8; 1909 c 97 p 291 § 7; RRS § 4796. Formerly
RCW 28A.59.070, 28.62.070.]
28A.330.060 Superintendent’s bond and oath.
Before entering upon the discharge of the superintendent’s
duties, the superintendent as secretary of the board shall give
bond in such sum as the board of directors may fix from
time to time, but for not less than five thousand dollars, with
good and sufficient sureties, and shall take and subscribe an
oath or affirmation, before a proper officer that he or she
will support the Constitution of the United States and of the
state of Washington and faithfully perform the duties of the
office, a copy of which oath or affirmation shall be filed
with the educational service district superintendent. [1990 c
33 § 345; 1975 1st ex.s. c 275 § 117; 1971 c 48 § 33; 1969
ex.s. c 223 § 28A.59.080. Prior: 1909 c 97 p 291 § 8; RRS
§ 4797. Formerly RCW 28A.59.080, 28.62.080.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.070 Office of board—Records available for
public inspection. The board of directors shall maintain an
office where all records, vouchers and other important papers
belonging to the board may be preserved. Such records,
vouchers, and other important papers at all reasonable times
shall be available for public inspection. The regular meetings shall be held within the district boundaries. [1989 c
232 § 1; 1969 ex.s. c 223 § 28A.59.100. Prior: 1909 c 97
p 291 § 10; RRS § 4799; prior: 1897 c 118 § 87; 1890 p
389 § 14. Formerly RCW 28A.59.100, 28.62.100.]
28A.330.080 Payment of claims—Signing of warrants. Moneys of such school districts shall be paid out
[Title 28A RCW—page 120]
only upon orders for warrants signed by the president, or a
majority of the board of directors and countersigned by the
secretary: PROVIDED, That when, in the judgment of the
board of directors, the orders for warrants issued by the
district monthly shall have reached such numbers that the
signing of each warrant by the president personally imposes
too great a task on the president, the board of directors, after
auditing all payrolls and bills as provided by RCW
28A.330.090, may authorize the issuing of one general
certificate to the county treasurer, to be signed by the
president, authorizing said treasurer to pay all the warrants
specified by date, number, name and amount, and the funds
on which said warrants shall be drawn; thereupon the
secretary of said board shall be authorized to draw and sign
said orders for warrants. [1990 c 33 § 346; 1969 ex.s. c 223
§ 28A.59.110. Prior: 1909 c 97 p 292 § 11; RRS § 4800.
Formerly RCW 28A.59.110, 28.62.110.]
28A.330.090 Auditing committee and expenditures.
All accounts shall be audited by a committee of board
members chosen in such manner as the board so determines
to be styled the "auditing committee," and, except as
otherwise provided by law, no expenditure greater than three
hundred dollars shall be voted by the board except in accordance with a written contract, nor shall any money or
appropriation be paid out of the school fund except on a
recorded affirmative vote of a majority of all members of the
board: PROVIDED, That nothing herein shall be construed
to prevent the board from making any repairs or improvements to the property of the district through their shop and
repair department as otherwise provided in RCW
28A.335.190. [1990 c 33 § 347; 1983 c 56 § 9; 1975 1st
ex.s. c 275 § 118; 1971 c 48 § 34; 1969 ex.s. c 223 §
28A.59.150. Prior: 1909 c 97 p 292 § 14; RRS § 4803.
Formerly RCW 28A.59.150, 28.62.150, 28.62.160.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.100 Additional powers of board. Every
board of directors of a school district of the first class, in
addition to the general powers for directors enumerated in
this title, shall have the power:
(1) To employ for a term of not exceeding three years
a superintendent of schools of the district, and for cause to
dismiss him or her; and to fix his or her duties and compensation.
(2) To employ, and for cause dismiss one or more
assistant superintendents and to define their duties and fix
their compensation.
(3) To employ a business manager, attorneys, architects,
inspectors of construction, superintendents of buildings and
a superintendent of supplies, all of whom shall serve at the
board’s pleasure, and to prescribe their duties and fix their
compensation.
(4) To employ, and for cause dismiss, supervisors of
instruction and to define their duties and fix their compensation.
(5) To prescribe a course of study and a program of
exercises which shall be consistent with the course of study
prepared by the state board of education for the use of the
common schools of this state.
(2002 Ed.)
Provisions Applicable to School Districts
(6) To, in addition to the minimum requirements
imposed by this title establish and maintain such grades and
departments, including night, high, kindergarten, vocational
training and, except as otherwise provided by law, industrial
schools, and schools and departments for the education and
training of any class or classes of youth with disabilities, as
in the judgment of the board, best shall promote the interests
of education in the district.
(7) To determine the length of time over and above one
hundred eighty days that school shall be maintained:
PROVIDED, That for purposes of apportionment no district
shall be credited with more than one hundred and eightythree days’ attendance in any school year; and to fix the time
for annual opening and closing of schools and for the daily
dismissal of pupils before the regular time for closing
schools.
(8) To maintain a shop and repair department, and to
employ, and for cause dismiss, a foreman and the necessary
help for the maintenance and conduct thereof.
(9) To provide free textbooks and supplies for all
children attending school.
(10) To require of the officers or employees of the
district to give a bond for the honest performance of their
duties in such penal sum as may be fixed by the board with
good and sufficient surety, and to cause the premium for all
bonds required of all such officers or employees to be paid
by the district: PROVIDED, That the board may, by written
policy, allow that such bonds may include a deductible
proviso not to exceed two percent of the officer’s or
employee’s annual salary.
(11) To prohibit all secret fraternities and sororities
among the students in any of the schools of the said districts.
(12) To appoint a practicing physician, resident of the
school district, who shall be known as the school district
medical inspector, and whose duty it shall be to decide for
the board of directors all questions of sanitation and health
affecting the safety and welfare of the public schools of the
district who shall serve at the board’s pleasure: PROVIDED, That children shall not be required to submit to vaccination against the will of their parents or guardian. [1995 c
335 § 503; 1995 c 77 § 22; 1991 c 116 § 17; 1990 c 33 §
348; 1983 c 2 § 7. Prior: 1982 c 191 § 11; 1982 c 158 §
6; 1969 ex.s. c 223 § 28A.59.180; prior: 1919 c 90 § 9;
1909 c 97 p 293 § 16; RRS § 4805. Formerly RCW
28A.59.180, 28.62.180, 28.31.070.]
Reviser’s note: This section was amended by 1995 c 77 § 22 and by
1995 c 335 § 503, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 c 191: See note following RCW 28A.335.210.
Severability—1982 c 158: See note following RCW 28A.150.220.
28A.330.110 Insurance reserve—Funds. School
districts of the first class, when in the judgment of the board
of directors it be deemed expedient, shall have power to
create and maintain an insurance reserve for said districts, to
be used to meet losses specified by the board of directors of
the school districts.
(2002 Ed.)
28A.330.100
Funds required for maintenance of such an insurance
reserve shall be budgeted and allowed as are other moneys
required for the support of the school district. [1983 c 59 §
16; 1982 c 191 § 12; 1969 ex.s. c 223 § 28A.59.185. Prior:
(i) 1911 c 79 § 1; RRS § 4707. Formerly RCW 28.59.010.
(ii) 1911 c 79 § 2; RRS § 4708. Formerly RCW 28.59.020.
(iii) 1941 c 187 § 1; 1911 c 79 § 3; Rem. Supp. 1941 §
4709. Formerly RCW 28A.59.185, 28.59.030.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1982 c 191: See note following RCW 28A.335.210.
PROVISIONS APPLICABLE ONLY
TO SECOND CLASS DISTRICTS
28A.330.200 Organization of board—Assumption of
superintendent’s duties by board member, when. The
term of office of directors of districts of the second class
shall begin, and the board shall organize, as provided in
*RCW 28A.315.500. At the first meeting of the members
of the board they shall elect a chair from among their
number who shall serve for a term of one year or until his
or her successor is elected. The school district superintendent as defined in RCW 28A.150.080 shall serve as secretary
to the board. Whenever a district shall be without the
services of such a superintendent and the business of the
district necessitates action thereby, the board shall appoint
any member thereof to carry out the superintendent’s powers
and duties for the district. [1990 c 33 § 349; 1988 c 187 §
2; 1975 c 43 § 14; 1969 ex.s. c 223 § 28A.60.010. Prior:
1953 c 111 § 1; prior: (i) 1909 c 97 p 298 § 5; RRS §
4815. (ii) 1909 c 97 p 301 § 5; RRS § 4827. Formerly
RCW 28A.60.010, 28.63.010.]
*Reviser’s note: RCW 28A.315.500 was recodified as RCW
28A.343.360 pursuant to 1999 c 315 § 804.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.330.210 Notice to ESD superintendent of
change of chairman or superintendent. Every school
district superintendent in districts of the second class shall
within ten days after any change in the office of chair or
superintendent, notify the educational service district superintendent of such change. [1990 c 33 § 350; 1975-’76 2nd
ex.s. c 15 § 11. Prior: 1975 1st ex.s. c 275 § 119; 1975 c
43 § 15; 1971 c 48 § 35; 1969 ex.s. c 223 § 28A.60.070;
prior: 1909 c 97 p 304 § 1; RRS § 4841; prior: 1903 c 104
§ 19. Formerly RCW 28A.60.070, 28.63.070.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.330.220 Attorney may be employed. The board
of directors of every second class district in addition to their
other powers are authorized to employ an attorney and to
prescribe the attorney’s duties and fix the attorney’s compensation. [1990 c 33 § 351; 1975 c 43 § 19; 1971 c 8 § 5.
Prior: 1967 c 220 § 1. Formerly RCW 28A.60.310,
28.63.340.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
[Title 28A RCW—page 121]
28A.330.220
Title 28A RCW: Common School Provisions
Severability—1971 c 8: See note following RCW 28A.320.310.
28A.330.230 Drawing and issuance of warrants.
Second class school districts, subject to the approval of the
superintendent of public instruction, may draw and issue
warrants for the payment of moneys upon approval of a
majority of the board of directors, such warrants to be signed
by the chair of the board and countersigned by the secretary:
PROVIDED, That when, in the judgment of the board of
directors, the orders for warrants issued by the district
monthly shall have reached such numbers that the signing of
each warrant by the chair of the board personally imposes
too great a task on the chair, the board of directors, after
auditing all payrolls and bills, may authorize the issuing of
one general certificate to the county treasurer, to be signed
by the chair of the board, authorizing said treasurer to pay
all the warrants specified by date, number, name and
amount, and the funds on which said warrants shall be
drawn; thereupon the secretary of said board shall be
authorized to draw and sign said orders for warrants. [1990
c 33 § 352; 1983 c 56 § 10; 1975 c 43 § 21; 1973 c 111 §
1. Formerly RCW 28A.60.328.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: "If any provision of this 1973 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1973 c 111 § 6.]
28A.330.240 Employment contracts. The board of
directors of each second class school district shall adopt a
written policy governing procedures for the letting of any
employment contract authorized under RCW 42.23.030.
This policy shall include provisions to ensure fairness and
the appearance of fairness in all matters pertaining to
employment contracts so authorized. [1989 c 263 § 2.
Formerly RCW 28A.60.360.]
Severability—1989 c 263: See note following RCW 42.23.030.
Chapter 28A.335
SCHOOL DISTRICTS’ PROPERTY
Sections
28A.335.010
28A.335.020
28A.335.030
28A.335.040
28A.335.050
28A.335.060
28A.335.070
28A.335.080
28A.335.090
28A.335.100
School buildings, maintenance, furnishing and insuring.
School closures—Policy of citizen involvement required—Summary of effects—Hearings—Notice.
Emergency school closures exempt from RCW
28A.335.020.
Surplus school property, rental, lease, or use of—
Authorized—Limitations.
Surplus school property, rental, lease or use of—Joint
use—Compensation—Conditions generally.
Surplus school property—Rental, lease or use of—
Disposition of moneys received from.
Surplus school property, rental, lease or use of—
Existing contracts not impaired.
Surplus school property, rental, lease or use of—
Community use not impaired.
Conveyance and acquisition of property—
Management—Appraisal.
School district associations, right to mortgage or convey money security interest in association property—Limitations.
[Title 28A RCW—page 122]
28A.335.110
28A.335.120
Real property—Annexation to city or town.
Real property—Sale—Notice of and hearing on—
Appraisal required—Broker or real estate appraiser
services—Real estate sales contracts, limitation.
28A.335.130
Real property—Sale—Use of proceeds.
28A.335.140
Expenditure of funds on county, city building authorized—Conditions.
28A.335.150
Permitting use and rental of playgrounds, athletic
fields or athletic facilities.
28A.335.155
Use of buildings for youth programs—Limited immunity.
28A.335.160
Joint educational facilities, services or programs—
Rules.
28A.335.170
Contracts to lease building space and portable buildings, rent or have maintained security systems,
computers, and other equipment, and provide pupil
transportation services.
28A.335.180
Surplus texts and other educational aids, notice of
availability—Student priority as to texts.
28A.335.190
Advertising for bids—Competitive bid procedures—
Telephone or written quotation solicitation, limitations—Emergencies.
28A.335.200
Conditional sales contracts for acquisition of property
or property rights.
28A.335.205
Assistive devices—Transfer for benefit of children
with disabilities—Record, inventory.
28A.335.210
Purchase of works of art—Procedure.
28A.335.220
Eminent domain.
28A.335.230
Vacant school plant facilities—Lease by contiguous
district, when required—Eligibility for matching
funds.
28A.335.240
Schoolhouses, teachers’ cottages—Purchase of realty
for district purposes.
28A.335.250
School property used for public purposes.
28A.335.260
School property used for public purposes—Community
buildings.
28A.335.270
School property used for public purposes—Special
state commission to pass on plans.
28A.335.280
School property used for public purposes—Limit on
expenditures.
28A.335.290
Housing for superintendent—Authorized—Limitation.
28A.335.300
Playground matting.
28A.335.320
Enhanced 911 service—Common and public school
service required.
Chapter not to apply to certain materials printed in school districts: RCW
82.04.600.
Contracts with community service organizations for public improvements:
RCW 35.21.278.
Determination if lands purchased or leased by school districts are used as
school sites—Reversion: RCW 79.01.780.
Dissolution of inactive port districts, assets to school districts: RCW
53.47.040.
Interlocal cooperation act: Chapter 39.34 RCW.
School districts, purchase of leased lands with improvements: RCW
79.01.770 through 79.01.778.
Subcontractors to be identified by bidder, when: RCW 39.30.060.
28A.335.010 School buildings, maintenance, furnishing and insuring. Every board of directors, unless otherwise specifically provided by law, shall:
(1) Cause all school buildings to be properly heated,
lighted and ventilated and maintained in a clean and sanitary
condition; and
(2) Maintain and repair, furnish and insure such school
buildings. [1969 ex.s. c 223 § 28A.58.102. Prior: 1969 c
53 § 1, part; 1967 ex.s. c 29 § 1, part; 1967 c 12 § 1, part;
1965 ex.s. c 49 § 1, part; 1963 c 104 § 1, part; 1963 c 5 §
1, part; 1961 c 305 § 1, part; 1961 c 237 § 1, part; 1961 c
66 § 1, part; 1955 c 68 § 2, part. Formerly RCW
28A.58.102, 28.58.100(3), part, and (4) part.]
(2002 Ed.)
School Districts’ Property
Energy audits and energy capital improvements: RCW 28A.320.330.
28A.335.020 School closures—Policy of citizen
involvement required—Summary of effects—Hearings—
Notice. Before any school closure, a school district board of
directors shall adopt a policy regarding school closures
which provides for citizen involvement before the school
district board of directors considers the closure of any school
for instructional purposes. The policy adopted shall include
provisions for the development of a written summary
containing an analysis as to the effects of the proposed
school closure. The policy shall also include a requirement
that during the ninety days before a school district’s final
decision upon any school closure, the school board of
directors shall conduct hearings to receive testimony from
the public on any issues related to the closure of any school
for instructional purposes. The policy shall require separate
hearings for each school which is proposed to be closed.
The policy adopted shall provide for reasonable notice
to the residents affected by the proposed school closure. At
a minimum, the notice of any hearing pertaining to a
proposed school closure shall contain the date, time, place,
and purpose of the hearing. Notice of each hearing shall be
published once each week for two consecutive weeks in a
newspaper of general circulation in the area where the
school, subject to closure, is located. The last notice of
hearing shall be published not later than seven days immediately before the final hearing. [1983 c 109 § 2. Formerly
RCW 28A.58.031.]
Application of RCW 43.21C.030(2)(c) to school closures: RCW
43.21C.038.
28A.335.030 Emergency school closures exempt
from RCW 28A.335.020. A school district may close a
school for emergency reasons, as set forth in RCW
28A.150.290(2) (a) and (b), without complying with the
requirements of RCW 28A.335.020. [1990 c 33 § 353; 1983
c 109 § 3. Formerly RCW 28A.58.032.]
28A.335.040 Surplus school property, rental, lease,
or use of—Authorized—Limitations. (1) Every school
district board of directors is authorized to permit the rental,
lease, or occasional use of all or any portion of any surplus
real property owned or lawfully held by the district to any
person, corporation, or government entity for profit or
nonprofit, commercial or noncommercial purposes: PROVIDED, That the leasing or renting or use of such property
is for a lawful purpose and does not interfere with conduct
of the district’s educational program and related activities:
PROVIDED FURTHER, That the lease or rental agreement
entered into shall include provisions which permit the
recapture of the leased or rented surplus property of the
district should such property be needed for school purposes
in the future except in such cases where, due to proximity to
an international airport, land use has been so permanently
altered as to preclude the possible use of the property for a
school housing students and the school property has been
heavily impacted by surrounding land uses so that a school
housing students would no longer be appropriate in that area.
(2) Authorization to rent, lease or permit the occasional
use of surplus school property under this section, RCW
(2002 Ed.)
28A.335.010
28A.335.050 and 28A.335.090 is conditioned on the establishment by each school district board of directors of a policy governing the use of surplus school property.
(3) The board of directors of any school district desiring
to rent or lease any surplus real property owned by the
school district shall publish a written notice in a newspaper
of general circulation in the school district for rentals or
leases totalling ten thousand dollars or more in value.
School districts shall not rent or lease the property for at
least forty-five days following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the rental or lease
of surplus real property and to have such bids considered
along with all other bids: PROVIDED, That the school
board may establish reasonable conditions for the use of
such real property to assure the safe and proper operation of
the property in a manner consistent with board policies.
[1991 c 116 § 12. Prior: 1990 c 96 § 1; 1990 c 33 § 354;
1981 c 306 § 2; 1980 c 115 § 2. Formerly RCW
28A.58.033.]
Severability—1981 c 306: See note following RCW 28A.335.180.
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.050 Surplus school property, rental, lease
or use of—Joint use—Compensation—Conditions generally. (1) Authorization to rent, lease, or permit the occasional use of surplus school property under RCW
28A.335.040 may include the joint use of school district
property, which is in part used for school purposes, by any
combination of persons, corporations or government entities
for other than common school purposes: PROVIDED, That
any such joint use shall comply with existing local zoning
ordinances.
(2) Authorization to rent, lease, or permit the occasional
use of surplus school property under RCW 28A.335.040
shall be conditioned on the payment by all users, lessees or
tenants, assessed on a basis that is nondiscriminatory within
classes of users, of such reasonable compensation and under
such terms as regulations adopted by the board of directors
shall provide.
(3) Nothing in RCW 28A.335.040 and 28A.335.090
shall prohibit a school board of directors and a lessee or
tenant from agreeing to conditions to the lease otherwise
lawful, including conditions of reimbursement or partial
reimbursement of costs associated with the lease or rental of
the property. [1990 c 33 § 355; 1980 c 115 § 3. Formerly
RCW 28A.58.034.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.060 Surplus school property—Rental, lease
or use of—Disposition of moneys received from. Each
school district’s board of directors shall deposit moneys
derived from the lease, rental or occasional use of surplus
school property as follows:
(1) Moneys derived from real property shall be deposited into the district’s debt service fund and/or capital projects
fund except for moneys required to be expended for general
maintenance, utility, insurance costs, and any other costs
associated with the lease or rental of such property, which
moneys shall be deposited in the district’s general fund;
[Title 28A RCW—page 123]
28A.335.060
Title 28A RCW: Common School Provisions
(2) Moneys derived from pupil transportation vehicles
shall be deposited in the district’s transportation vehicle
fund;
(3) Moneys derived from other personal property shall
be deposited in the district’s general fund. [1989 c 86 § 2;
1983 c 59 § 15; 1982 c 191 § 4; 1981 c 250 § 4; 1980 c 115
§ 4. Formerly RCW 28A.58.035.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Effective date—1982 c 191 §§ 3 and 4: See note following RCW
28A.335.170.
Severability—1982 c 191: See note following RCW 28A.335.210.
Effective date—1981 c 250: "The effective date of this amendatory
act shall be September 1, 1981." [1981 c 250 § 5.]
Severability—1980 c 115: See note following RCW 28A.335.090.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.335.070 Surplus school property, rental, lease
or use of—Existing contracts not impaired. The provisions of contracts for the use, rental or lease of school
district real property executed prior to June 12, 1980, which
were lawful at the time of execution shall not be impaired by
such new terms and conditions to the rental, lease or
occasional use of school property as may now be established
by RCW 28A.335.040, 28A.335.050, and 28A.335.090.
[1990 c 33 § 356; 1980 c 115 § 5. Formerly RCW
28A.58.036.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.080 Surplus school property, rental, lease
or use of—Community use not impaired. Nothing in
RCW 28A.335.040 through 28A.335.070 shall preclude
school district boards of directors from making available
school property for community use in accordance with the
provisions of RCW 28A.335.150, 28A.320.510, or
28A.335.250, and school district administrative policy
governing such use. [1990 c 33 § 357; 1980 c 115 § 6.
Formerly RCW 28A.58.037.]
Severability—1980 c 115: See note following RCW 28A.335.090.
28A.335.090 Conveyance and acquisition of property—Management—Appraisal. (1) The board of directors
of each school district shall have exclusive control of all
school property, real or personal, belonging to the district;
said board shall have power, subject to RCW 28A.335.120,
in the name of the district, to convey by deed all the interest
of their district in or to any real property of the district
which is no longer required for school purposes. Except as
otherwise specially provided by law, and RCW 28A.335.120,
the board of directors of each school district may purchase,
lease, receive and hold real and personal property in the
name of the district, and rent, lease or sell the same, and all
conveyances of real estate made to the district shall vest title
in the district.
(2) Any purchase of real property by a school district
shall be preceded by a market value appraisal by a professionally designated real estate appraiser as defined in RCW
74.46.020 or by a general real estate appraiser certified under
chapter 18.140 RCW who was selected by the board of
directors. [2001 c 183 § 1; 1995 c 358 § 1; 1990 c 33 §
358; 1981 c 306 § 3; 1980 c 115 § 1; 1969 ex.s. c 223 §
[Title 28A RCW—page 124]
28A.58.040. Prior: (i) 1947 c 266 § 6, part; Rem. Supp.
1947 § 4693-25, part; prior: 1909 p 265 § 2, part. Formerly
RCW 28.57.135, part. (ii) 1969 c 53 § 1, part; 1967 ex.s. c
29 § 1, part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part;
1963 c 104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1,
part; 1961 c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 §
2, part. Formerly RCW 28.58.100(3) and (5), part. (iii)
1909 c 97 p 287 § 7, part; RRS § 4782, part; prior: 1897 c
118 § 44, part; 1891 c 127 § 11, part; 1890 p 366 § 30, part.
Formerly RCW 28A.58.040, 28.58.040.]
Severability—1981 c 306: See note following RCW 28A.335.180.
Severability—1980 c 115: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1980 c 115 § 9.]
28A.335.100 School district associations, right to
mortgage or convey money security interest in association
property—Limitations. Any association established by
school districts pursuant to the interlocal cooperation act,
chapter 39.34 RCW for the purpose of jointly and cooperatively purchasing school supplies, materials and equipment,
if otherwise authorized for school district purposes to
purchase personal or real property, is hereby authorized,
subject to rules and regulations of the state board of education, to mortgage, or convey a purchase money security
interest in real or personal property of such association of
every kind, character or description whatsoever, or any
interest in such personal or real property: PROVIDED, That
any such association shall be prohibited from causing any
creditor of the association to acquire any rights against the
property, properties or assets of any of its constituent school
districts and any creditor of such association shall be entitled
to look for payment of any obligation incurred by such
association solely to the assets and properties of such
association. [1975-’76 2nd ex.s. c 23 § 1. Formerly RCW
28A.58.0401.]
28A.335.110 Real property—Annexation to city or
town. In addition to other powers and duties as provided by
law, every board of directors, if seeking to have school
property annexed to a city or town and if such school
property constitutes the whole of such property in the
annexation petition, shall be allowed to petition therefor
under RCW 35.13.125 and 35.13.130. [1971 c 69 § 3. Formerly RCW 28A.58.044.]
Severability—1971 c 69: See note following RCW 35.13.125.
28A.335.120 Real property—Sale—Notice of and
hearing on—Appraisal required—Broker or real estate
appraiser services—Real estate sales contracts, limitation.
(1) The board of directors of any school district of this state
may:
(a) Sell for cash, at public or private sale, and convey
by deed all interest of the district in or to any of the real
property of the district which is no longer required for
school purposes; and
(b) Purchase real property for the purpose of locating
thereon and affixing thereto any house or houses and
appurtenant buildings removed from school sites owned by
the district and sell for cash, at public or private sale, and
(2002 Ed.)
School Districts’ Property
convey by deed all interest of the district in or to such
acquired and improved real property.
(2) When the board of directors of any school district
proposes a sale of school district real property pursuant to
this section and the value of the property exceeds seventy
thousand dollars, the board shall publish a notice of its
intention to sell the property. The notice shall be published
at least once each week during two consecutive weeks in a
legal newspaper with a general circulation in the area in
which the school district is located. The notice shall
describe the property to be sold and designate the place
where and the day and hour when a hearing will be held.
The board shall hold a public hearing upon the proposal to
dispose of the school district property at the place and the
day and hour fixed in the notice and admit evidence offered
for and against the propriety and advisability of the proposed
sale.
(3) The board of directors of any school district desiring
to sell surplus real property shall publish a notice in a
newspaper of general circulation in the school district.
School districts shall not sell the property for at least fortyfive days following the publication of the newspaper notice.
(4) Private schools shall have the same rights as any
other person or entity to submit bids for the purchase of
surplus real property and to have such bids considered along
with all other bids.
(5) Any sale of school district real property authorized
pursuant to this section shall be preceded by a market value
appraisal by a professionally designated real estate appraiser
as defined in RCW 74.46.020 or a general real estate
appraiser certified under chapter 18.140 RCW selected by
the board of directors and no sale shall take place if the sale
price would be less than ninety percent of the appraisal made
by the real estate appraiser: PROVIDED, That if the
property has been on the market for one year or more the
property may be reappraised and sold for not less than
seventy-five percent of the reappraised value with the
unanimous consent of the board.
(6) If in the judgment of the board of directors of any
district the sale of real property of the district not needed for
school purposes would be facilitated and greater value
realized through use of the services of licensed real estate
brokers, a contract for such services may be negotiated and
concluded: PROVIDED, That the use of a licensed real
estate broker will not eliminate the obligation of the board
of directors to provide the notice described in this section:
PROVIDED FURTHER, That the fee or commissions
charged for any broker services shall not exceed seven
percent of the resulting sale value for a single parcel:
PROVIDED FURTHER, That any professionally designated
real estate appraiser as defined in RCW 74.46.020 or a
general real estate appraiser certified under chapter 18.140
RCW selected by the board to appraise the market value of
a parcel of property to be sold may not be a party to any
contract with the school district to sell such parcel of
property for a period of three years after the appraisal.
(7) If in the judgment of the board of directors of any
district the sale of real property of the district not needed for
school purposes would be facilitated and greater value
realized through sale on contract terms, a real estate sales
contract may be executed between the district and buyer:
PROVIDED, That the terms and conditions of any such sales
(2002 Ed.)
28A.335.120
contract must comply with rules and regulations of the state
board of education, herein authorized, governing school
district real property contract sales. [2001 c 183 § 2; 1995
c 358 § 2; 1991 c 116 § 13; 1984 c 103 § 1; 1981 c 306 §
4; 1979 ex.s. c 16 § 1; 1975 1st ex.s. c 243 § 1; 1969 ex.s.
c 223 § 28A.58.045. Prior: 1963 c 67 § 1; 1953 c 225 § 1.
Formerly RCW 28A.58.045, 28.58.045.]
Severability—1981 c 306: See note following RCW 28A.335.180.
28A.335.130 Real property—Sale—Use of proceeds.
The proceeds from any sale of school district real property
by a board of directors shall be deposited to the debt service
fund and/or the capital projects fund, except for amounts
required to be expended for the costs associated with the sale
of such property, which moneys may be deposited into the
fund from which the expenditure was incurred. [1983 c 59
§ 14; 1981 c 250 § 3; 1975-’76 2nd ex.s. c 80 § 1; 1975 1st
ex.s. c 243 § 2. Formerly RCW 28A.58.0461.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Effective date—1981 c 250: See note following RCW 28A.335.060.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
28A.335.140 Expenditure of funds on county, city
building authorized—Conditions. Notwithstanding any
other provision of law, every school district board of
directors may expend local funds held for capital projects or
improvements for improvements on any building owned by
a city or county in which the district or any part thereof is
located if an agreement is entered into with such city or
county whereby the school district receives a beneficial use
of such building commensurate to the amount of funds
expended thereon by the district. [1971 ex.s. c 238 § 3.
Formerly RCW 28A.58.047.]
28A.335.150 Permitting use and rental of playgrounds, athletic fields or athletic facilities. Boards of
directors of school districts are hereby authorized to permit
the use of, and to rent school playgrounds, athletic fields, or
athletic facilities, by, or to, any person or corporation for any
athletic contests or athletic purposes.
Permission to use and/or rent said school playgrounds,
athletic fields, or athletic facilities shall be for such compensation and under such terms as regulations of the board of
directors adopted from time to time so provide. [1969 ex.s.
c 223 § 28A.58.048. Prior: (i) 1935 c 99 § 1; Rem. Supp.
§ 4776-1. Formerly RCW 28.58.048. (ii) 1935 c 99 § 2;
RRS § 4776-2. Formerly RCW 28A.58.048, 28.58.050.]
28A.335.155 Use of buildings for youth programs—
Limited immunity. In order to facilitate school districts
permitting the use of school buildings for use by private
nonprofit groups operating youth programs, school districts
shall have a limited immunity in accordance with RCW
4.24.660. Nothing in RCW 4.24.660, including a school
district’s failure to require a private nonprofit group to have
liability insurance, broadens the scope of a school district’s
liability. [1999 c 316 § 2.]
Intent—1999 c 316: "The legislature intends to expand the opportunities of children to take advantage of services of private nonprofit groups
by encouraging the groups’ use of public school district facilities to provide
[Title 28A RCW—page 125]
28A.335.155
Title 28A RCW: Common School Provisions
programs to serve youth in the facilities. The legislature intends the very
limited grant of immunity provided in this act to encourage such use, but
only under the circumstances set forth in this act." [1999 c 316 § 1.]
Effective date—1999 c 316: "This act takes effect January 1, 2000."
[1999 c 316 § 4.]
Severability—1982 c 191: See note following RCW 28A.335.210.
Severability—1977 ex.s. c 210: "If any provision of this 1977 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 ex.s. c 210 § 3.]
28A.335.160 Joint educational facilities, services or
programs—Rules. Any school district may cooperate with
one or more school districts in the joint financing, planning,
construction, equipping and operating of any educational
facility otherwise authorized by law: PROVIDED, That any
cooperative financing plan involving the construction of
school plant facilities must be approved by the state board of
education pursuant to such rules as may now or hereafter be
promulgated relating to state approval of school construction.
[1995 c 335 § 604; 1990 c 33 § 359; 1969 c 130 § 12.
Formerly RCW 28A.58.075.]
28A.335.180 Surplus texts and other educational
aids, notice of availability—Student priority as to texts.
(1) Notwithstanding any other provision of law, school
districts, educational service districts, or any other state or
local governmental agency concerned with education, when
declaring texts and other books, equipment, materials or
relocatable facilities as surplus, shall, prior to other disposal
thereof, serve notice in writing in a newspaper of general
circulation in the school district and to any public school
district or private school in Washington state annually
requesting such a notice, that the same is available for sale,
rent, or lease to public school districts or approved private
schools, at depreciated cost or fair market value, whichever
is greater: PROVIDED, That students wishing to purchase
texts pursuant to RCW 28A.320.230(2) shall have priority as
to such texts. The notice requirement in this section does
not apply to the sale or transfer of assistive devices under
RCW 28A.335.205 or chapter 72.40 RCW. Such districts or
agencies shall not otherwise sell, rent or lease such surplus
property to any person, firm, organization, or nongovernmental agency for at least thirty days following publication of
notice in a newspaper of general circulation in the school
district.
(2) In lieu of complying with subsection (1) of this
section, school districts and educational service districts may
elect to grant surplus personal property to a federal, state, or
local governmental entity, or to indigent persons, at no cost
on the condition the property be used for preschool through
twelfth grade educational purposes, or elect to loan surplus
personal property to a nonreligious, nonsectarian private
entity on the condition the property be used for the preschool
through twelfth grade education of members of the public on
a nondiscriminatory basis. [1997 c 264 § 1; 1997 c 104 §
1; 1991 c 116 § 1; 1990 c 33 § 361; 1981 c 306 § 1; 1977
ex.s. c 303 § 1. Formerly RCW 28A.02.110.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Conditional sales contracts for acquisition of property or property rights:
RCW 28A.335.200.
Education of children with disabilities: RCW 28A.155.040.
28A.335.170 Contracts to lease building space and
portable buildings, rent or have maintained security
systems, computers, and other equipment, and provide
pupil transportation services. The board of directors of
any school district may enter into contracts for their respective districts with public and private persons, organizations,
and entities for the following purposes:
(1) To rent or lease building space and portable buildings for periods not exceeding ten years in duration;
(2) To rent security systems, computers, and other
equipment or to have maintained and repaired security
systems, computers, and other equipment for periods not
exceeding five years in duration; and
(3) To provide pupil transportation services for periods
not exceeding five years in duration.
No school district may enter into a contract for pupil
transportation unless it has notified the superintendent of
public instruction that, in the best judgment of the district,
the cost of contracting will not exceed the projected cost of
operating its own pupil transportation.
The budget of each school district shall identify that
portion of each contractual liability incurred pursuant to this
section extending beyond the fiscal year by amount, duration, and nature of the contracted service and/or item in
accordance with rules and regulations of the superintendent
of public instruction adopted pursuant to RCW 28A.505.140
and 28A.310.330.
The provisions of this section shall not have any effect
on the length of contracts for school district employees
specified by RCW 28A.400.300 and 28A.405.210. [1999 c
386 § 1; 1990 c 33 § 360; 1987 c 141 § 1; 1985 c 7 § 93;
1982 c 191 § 3; 1977 ex.s. c 210 § 1. Formerly RCW
28A.58.131.]
Severability—1987 c 141: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 141 § 3.]
Effective date—1982 c 191 §§ 3 and 4: "The effective date of
sections 3 and 4 of this amendatory act shall be September 1, 1982." [1982
c 191 § 13.]
[Title 28A RCW—page 126]
Reviser’s note: This section was amended by 1997 c 104 § 1 and by
1997 c 264 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1981 c 306: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 306 § 5.]
Disposal of obsolete or surplus reading materials by school districts and
libraries: RCW 39.33.070.
28A.335.190 Advertising for bids—Competitive bid
procedures—Telephone or written quotation solicitation,
limitations—Emergencies. (1) When, in the opinion of the
board of directors of any school district, the cost of any
furniture, supplies, equipment, building, improvements, or
repairs, or other work or purchases, except books, will equal
or exceed the sum of fifty thousand dollars, complete plans
and specifications for such work or purchases shall be
prepared and notice by publication given in at least one
newspaper of general circulation within the district, once
each week for two consecutive weeks, of the intention to
(2002 Ed.)
School Districts’ Property
receive bids therefor and that specifications and other
information may be examined at the office of the board or
any other officially designated location: PROVIDED, That
the board without giving such notice may make improvements or repairs to the property of the district through the
shop and repair department of such district when the total of
such improvements or repair does not exceed the sum of (a)
fifteen thousand dollars, for districts with fifteen thousand
five hundred or more full-time equivalent students; or (b) for
districts with fewer than fifteen thousand five hundred fulltime equivalent students, fifteen thousand dollars if more
than one craft or trade is involved with the school district
improvement or repair, or ten thousand dollars if a single
craft or trade is involved with the school district improvement or repair. The cost of any public work, improvement
or repair for the purposes of this section shall be the aggregate of all amounts to be paid for labor, material, and
equipment on one continuous or interrelated project where
work is to be performed simultaneously or in close sequence.
The bids shall be in writing and shall be opened and read in
public on the date and in the place named in the notice and
after being opened shall be filed for public inspection.
(2) Every purchase of furniture, equipment or supplies,
except books, the cost of which is estimated to be in excess
of fifteen thousand dollars, shall be on a competitive basis.
The board of directors shall establish a procedure for
securing telephone and/or written quotations for such purchases. Whenever the estimated cost is from fifteen thousand dollars up to fifty thousand dollars, the procedure shall
require quotations from at least three different sources to be
obtained in writing or by telephone, and recorded for public
perusal. Whenever the estimated cost is in excess of fifty
thousand dollars, the public bidding process provided in
subsection (1) of this section shall be followed.
(3) Every building, improvement, repair or other public
works project, the cost of which is estimated to be in excess
of (a) fifteen thousand dollars, for districts with fifteen
thousand five hundred or more full-time equivalent students;
or (b) for districts with fewer than fifteen thousand five
hundred full-time equivalent students, fifteen thousand
dollars if more than one craft or trade is involved with the
school district improvement or repair, or ten thousand dollars
if a single craft or trade is involved with the school district
improvement or repair, shall be on a competitive bid process.
Whenever the estimated cost of a public works project is
fifty thousand dollars or more, the public bidding process
provided in subsection (1) of this section shall be followed
unless the contract is let using the small works roster process
in RCW 39.04.155 or under any other procedure authorized
for school districts. One or more school districts may
authorize an educational service district to establish and
operate a small works roster for the school district under the
provisions of RCW 39.04.155.
(4) The contract for the work or purchase shall be
awarded to the lowest responsible bidder as defined in RCW
43.19.1911 but the board may by resolution reject any and
all bids and make further calls for bids in the same manner
as the original call. On any work or purchase the board
shall provide bidding information to any qualified bidder or
the bidder’s agent, requesting it in person.
(5) In the event of any emergency when the public
interest or property of the district would suffer material
(2002 Ed.)
28A.335.190
injury or damage by delay, upon resolution of the board
declaring the existence of such an emergency and reciting
the facts constituting the same, the board may waive the
requirements of this section with reference to any purchase
or contract: PROVIDED, That an "emergency", for the
purposes of this section, means a condition likely to result in
immediate physical injury to persons or to property of the
school district in the absence of prompt remedial action.
(6) This section does not apply to the direct purchase of
school buses by school districts and educational services in
accordance with RCW 28A.160.195. [2000 c 138 § 201;
1995 1st sp.s. c 10 § 3; 1994 c 212 § 1; 1990 c 33 § 362;
1985 c 324 § 1; 1980 c 61 § 1; 1975-’76 2nd ex.s. c 26 § 1;
1969 ex.s. c 49 § 2; 1969 ex.s. c 223 § 28A.58.135. Prior:
1961 c 224 § 1. Formerly RCW 28A.58.135, 28.58.135.]
Purpose—Part headings not law—2000 c 138: See notes following
RCW 39.04.155.
Alternative public works contracting procedures: Chapter 39.10 RCW.
28A.335.200 Conditional sales contracts for acquisition of property or property rights. Any school district
may execute an executory conditional sales contract with any
other municipal corporation, the state or any of its political
subdivisions, the government of the United States or any
private party for the purchase of any real or personal
property, or property rights, in connection with the exercise
of any powers or duties which they now or hereafter are
authorized to exercise, if the entire amount of the purchase
price specified in such contract does not result in a total
indebtedness in excess of the limitation authorized by
chapter 39.36 RCW, as now or hereafter amended, to be
incurred without the assent of the voters: PROVIDED, That
if such a proposed contract would result in a total indebtedness in excess of the limitation authorized by chapter 39.36
RCW, as now or hereafter amended, to be incurred without
the assent of the voters, a proposition in regard to whether
or not such a contract may be executed shall be submitted to
the voters for approval or rejection in the same manner that
bond issues for capital purposes are submitted to the voters:
PROVIDED FURTHER, That any school district may jointly
with another school district execute contracts authorized by
this section. [1970 ex.s. c 42 § 11; 1969 ex.s. c 223 §
28A.58.550. Prior: 1965 c 62 § 1. Formerly RCW
28A.58.550, 28.58.550.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Transportation vehicle fund—Deposits in—Use—Rules for establishment
and use: RCW 28A.160.130.
28A.335.205 Assistive devices—Transfer for benefit
of children with disabilities—Record, inventory. Notwithstanding any other provision of law, the office of the
superintendent of public instruction, the Washington state
school for the blind, the Washington state school for the
deaf, school districts, educational service districts, and all
other state or local governmental agencies concerned with
education may loan, lease, sell, or transfer assistive devices
for the use and benefit of children with disabilities to children with disabilities or their parents or to any other public
or private nonprofit agency providing services to or on
behalf of individuals with disabilities including but not
limited to any agency providing educational, health, or
[Title 28A RCW—page 127]
28A.335.205
Title 28A RCW: Common School Provisions
rehabilitation services. The notice requirement in RCW
28A.335.180 does not apply to the loan, lease, sale, or
transfer of such assistive devices. The sale or transfer of
such devices is authorized under this section regardless of
whether or not the devices have been declared surplus. The
sale or transfer shall be recorded in an agreement between
the parties and based upon the item’s depreciated value.
For the purposes of this section, "assistive device"
means any item, piece of equipment, or product system,
whether acquired commercially off-the-shelf, modified, or
customized, that is used to increase, maintain, or improve
functional capabilities of children with disabilities.
For the purpose of implementing this section, each
educational agency shall establish and maintain an inventory
of assistive technology devices in its possession that exceed
one hundred dollars and, for each such device, shall establish
a value, which shall be adjusted annually to reflect depreciation.
This section shall not enhance or diminish the obligation
of school districts to provide assistive technology to children
with disabilities where needed to achieve a free and appropriate public education and equal opportunity in accessing
academic and extracurricular activities. [1997 c 104 § 2.]
28A.335.210 Purchase of works of art—Procedure.
The state board of education and superintendent of public
instruction shall allocate, as a nondeductible item, out of any
moneys appropriated for state assistance to school districts
for the original construction of any school plant facility the
amount of one-half of one percent of the appropriation to be
expended by the Washington state arts commission for the
acquisition of works of art. The works of art may be placed
in accordance with Article IX, sections 2 and 3 of the state
Constitution on public lands, integral to or attached to a
public building or structure, detached within or outside a
public building or structure, part of a portable exhibition or
collection, part of a temporary exhibition, or loaned or
exhibited in other public facilities. The Washington state
arts commission shall, in consultation with the superintendent
of public instruction, determine the amount to be made
available for the purchase of works of art under this section,
and payments therefor shall be made in accordance with law.
The designation of projects and sites, selection, contracting,
purchase, commissioning, reviewing of design, execution and
placement, acceptance, maintenance, and sale, exchange, or
disposition of works of art shall be the responsibility of the
Washington state arts commission in consultation with the
superintendent of public instruction and representatives of
school district boards of directors. However, the costs to
carry out the Washington state arts commission’s responsibility for maintenance shall not be funded from the moneys
referred to under this section, RCW 43.17.200, 43.19.455, or
28B.10.025, but shall be contingent upon adequate appropriations being made for that purpose: PROVIDED, That the
superintendent of public instruction and the school district
board of directors of the districts where the sites are selected
shall have the right to:
(1) Waive its use of the one-half of one percent of the
appropriation for the acquisition of works of art before the
selection process by the Washington state arts commission;
[Title 28A RCW—page 128]
(2) Appoint a representative to the body established by
the Washington state arts commission to be part of the
selection process with full voting rights;
(3) Reject the results of the selection process;
(4) Reject the placement of a completed work or works
of art on school district premises if such works are portable.
Rejection at any point before or after the selection
process shall not cause the loss of or otherwise endanger
state construction funds available to the local school district.
Any works of art rejected under this section shall be applied
to the provision of works of art under this chapter, at the
discretion of the Washington state arts commission, notwithstanding any contract or agreement between the affected
school district and the artist involved. In addition to the cost
of the works of art the one-half of one percent of the
appropriation as provided herein shall be used to provide for
the administration by the Washington state arts commission
and all costs for installation of the work of art. For the
purpose of this section building shall not include sheds,
warehouses or other buildings of a temporary nature.
The executive director of the arts commission, the
superintendent of public instruction and the Washington state
school directors association shall appoint a study group to
review the operations of the one-half of one percent for
works of art under this section. [1983 c 204 § 7; 1982 c
191 § 2; 1974 ex.s. c 176 § 5. Formerly RCW 28A.58.055.]
Implementation—1983 c 204 § 7: "Implementation of section 7 of
this 1983 act shall become effective upon approval by the arts commission,
the superintendent of public instruction and the Washington state school
directors association." [1983 c 204 § 10.] "Section 7 of this 1983 act," was
the 1983 c 204 amendment to RCW 28A.58.055, now recodified as RCW
28A.335.210.
Severability—1983 c 204: See note following RCW 43.46.090.
Severability—1982 c 191: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1982 c 191 § 14.]
Acquisition of works of art for public buildings and lands—Visual arts
program established: RCW 43.46.090.
Allocation of moneys for acquisition of works of art—Expenditure by arts
commission—Conditions: RCW 43.17.200.
Purchase of works of art—Interagency reimbursement for expenditure by
visual arts program: RCW 43.17.205.
State art collection: RCW 43.46.095.
28A.335.220 Eminent domain. The board of directors of any school district may proceed to condemn and
appropriate not more than fifteen acres of land for any
elementary school purpose; not more than twenty-five acres
for any junior high school purpose; not more than forty acres
for any senior high school purpose; except as otherwise
provided by law, not more than seventy-five acres for any
vocational technical school purpose; and not more than
fifteen acres for any other school district purpose. Such
condemnation proceedings shall be in accordance with
chapters 8.16 and 8.25 RCW and such other laws of this
state providing for appropriating private property for public
use by school districts. [1969 ex.s. c 223 § 28A.58.070.
Prior: 1963 c 41 § 1; 1957 c 155 § 1; 1949 c 54 § 1; 1909
c 97 p 289 § 13; Rem. Supp. 1949 § 4788. Formerly RCW
28A.58.070, 28.58.070.]
(2002 Ed.)
School Districts’ Property
28A.335.230 Vacant school plant facilities—Lease
by contiguous district, when required—Eligibility for
matching funds. School districts shall be required to lease
for a reasonable fee vacant school plant facilities from a
contiguous school district wherever possible.
No school district with unhoused students may be
eligible for the state matching funds for the construction of
school plant facilities if:
(1) The school district contiguous to the school district
applying for the state matching percentage has vacant school
plant facilities;
(2) The superintendent of public instruction and the state
board of education have determined the vacant school plant
facilities available in the contiguous district will fulfill the
needs of the applicant district in housing unhoused students.
In determining whether the contiguous district school plant
facilities meet the needs of the applicant district, consideration shall be given, but not limited to the geographic location of the vacant facilities as they relate to the applicant district; and
(3) A lease of the vacant school plant facilities can be
negotiated. [1987 c 112 § 1. Formerly RCW 28A.47.105.]
Surplus school property: RCW 28A.335.040 through 28A.335.080.
28A.335.240 Schoolhouses, teachers’ cottages—
Purchase of realty for district purposes. The board of
directors of a second class school district shall build schoolhouses and teachers’ cottages when directed by a vote of the
district to do so. The board of directors of a second class
school district may purchase real property for any school
district purpose. [1969 ex.s. c 223 § 28A.60.181. Prior:
1963 c 61 § 1; 1959 c 169 § 1. Formerly RCW 28A.60.181,
28.63.181.]
Borrowing money, issuing bonds, for schoolhouse sites, playgrounds,
erecting buildings and equipping same: RCW 28A.530.010.
Real property—Sale—Purchase to relocate and sell buildings: RCW
28A.335.120.
28A.335.250 School property used for public
purposes. School boards in each district of the second class
may provide for the free, comfortable and convenient use of
the school property to promote and facilitate frequent meetings and association of the people in discussion, study,
improvement, recreation and other community purposes, and
may acquire, assemble and house material for the dissemination of information of use and interest to the farm, the
home and the community, and facilities for experiment and
study, especially in matters pertaining to the growing of
crops, the improvement and handling of livestock, the
marketing of farm products, the planning and construction of
farm buildings, the subjects of household economies, home
industries, good roads, and community vocations and
industries; and may call meetings for the consideration and
discussion of any such matters, employ a special supervisor,
or leader, if need be, and provide suitable dwellings and
accommodations for teachers, supervisors and necessary
assistants. [1975 c 43 § 16; 1969 ex.s. c 223 § 28A.60.190.
Prior: 1913 c 129 § 1; RRS § 4837. Formerly RCW
28A.60.190, 28.63.190.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
(2002 Ed.)
28A.335.230
28A.335.260 School property used for public
purposes—Community buildings. Each school district of
the second class, by itself or in combination with any other
district or districts, shall have power, when in the judgment
of the school board it shall be deemed expedient, to reconstruct, remodel, or build schoolhouses, and to erect, purchase, lease or otherwise acquire other improvements and
real and personal property, and establish a communal
assembly place and appurtenances, and supply the same with
suitable and convenient furnishings and facilities for the uses
mentioned in RCW 28A.335.250. [1990 c 33 § 363; 1975
c 43 § 17; 1969 ex.s. c 223 § 28A.60.200. Prior: 1913 c
129 § 2; RRS § 4838. Formerly RCW 28A.60.200,
28.63.200.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.335.270 School property used for public
purposes—Special state commission to pass on plans.
Plans of any second class district or combination of districts
for the carrying out of the powers granted by RCW
28A.335.250 through 28A.335.280 shall be submitted to and
approved by a board of supervisors composed of members,
as follows: The superintendent of public instruction; the
head of the extension department of Washington State
University; the head of the extension department of the
University of Washington; and the educational service
district superintendent; these to choose one member from
such county in which the facilities are proposed to be
located, and two members, from the district or districts
concerned. [1990 c 33 § 364; 1975-’76 2nd ex.s. c 15 § 12.
Prior: 1975 1st ex.s. c 275 § 121; 1975 c 43 § 18; 1973 1st
ex.s. c 154 § 46; 1971 c 48 § 37; 1969 ex.s. c 223 §
28A.60.210; prior: 1913 c 129 § 3; RRS § 4839. Formerly
RCW 28A.60.210, 28.63.210.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.335.280 School property used for public
purposes—Limit on expenditures. No real or personal
property or improvements shall be purchased, leased,
exchanged, acquired or sold, nor any schoolhouses built,
remodeled or removed, nor any indebtedness incurred or
money expended for any of the purposes of RCW
28A.335.250 through 28A.335.280 except in the manner
otherwise provided by law for the purchase, lease, exchange,
acquisition and sale of school property, the building, remodeling and removing of schoolhouses and the incurring of
indebtedness and expenditure of money for school purposes.
[1990 c 33 § 365; 1969 ex.s. c 223 § 28A.60.220. Prior:
1913 c 129 § 4; RRS § 4840. Formerly RCW 28A.60.220,
28.63.220.]
28A.335.290 Housing for superintendent—
Authorized—Limitation. Notwithstanding any other
provision of law, any second class school district with an enrollment of three hundred students or less may provide
[Title 28A RCW—page 129]
28A.335.290
Title 28A RCW: Common School Provisions
housing for the superintendent of the school district, or any
person acting in the capacity of superintendent, by such
means and with such moneys as the school district shall
determine: PROVIDED, That any second class school
district presently providing such housing may continue to
provide the same: PROVIDED FURTHER, That if such
housing is exempt from real property taxation by virtue of
school district ownership, the school district shall charge for
such housing, rent at least equal to the amount of real
property tax for which such housing would be liable were it
not so owned. [1984 c 40 § 10; 1975 1st ex.s. c 41 § 1.
Formerly RCW 28A.60.350.]
Severability—1984 c 40: See note following RCW 28A.195.050.
28A.335.300 Playground matting. Every school
board of directors shall consider the purchase of playground
matting manufactured from shredded waste tires in undertaking construction or maintenance of playgrounds. The
department of general administration shall upon request
assist in the development of product specifications and vendor identification. [1991 c 297 § 18.]
Captions not law—1991 c 297: See RCW 43.19A.900.
28A.335.320 Enhanced 911 service—Common and
public school service required. By January 1, 1997, or one
year after enhanced 911 service becomes available or a
private switch automatic location identification service
approved by the Washington utilities and transportation
commission is available from the serving local exchange
telecommunications company, whichever is later, all common and public schools located in counties that provide
enhanced 911 service shall provide persons using school
facilities direct access to telephones that are connected to the
public switched network such that calls to 911 result in
automatic location identification for each telephone in a
format that is compatible with the existing and planned
county enhanced 911 system during all times that the facility
is in use. Any school district acquiring a private telecommunications system that allows connection to the public
switched network after January 1, 1997, shall assure that the
telecommunications system is connected to the public
switched network such that calls to 911 result in automatic
location identification for each telephone in a format that is
compatible with the existing or planned county enhanced 911
system. [1995 c 243 § 4.]
Reviser’s note: 1995 c 243 directed that this section be added to
chapter 28A.150 RCW. This section has been codified in chapter 28A.335
RCW, which relates more directly to school district facilities.
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
Chapter 28A.340
SMALL HIGH SCHOOL
COOPERATIVE PROJECTS
Sections
28A.340.010
28A.340.020
28A.340.030
28A.340.040
Increased curriculum programs and opportunities.
Eligibility—Participation.
Application—Review by the superintendent of public
instruction.
Adoption of salary schedules—Computation of fringe
benefits.
[Title 28A RCW—page 130]
28A.340.060
28A.340.070
Rules.
Allocation of state funds for technical assistance—
Contracting with agencies for technical assistance.
28A.340.010 Increased curriculum programs and
opportunities. Eligible school districts as defined under
RCW 28A.340.020 are encouraged to establish cooperative
projects with a primary purpose to increase curriculum
programs and opportunities among the participating districts,
by expanding the opportunity for students in the participating
districts to take vocational and academic courses as may be
generally more available in larger school districts, and to
enhance student learning. [1990 c 33 § 366; 1988 c 268 §
2. Formerly RCW 28A.100.080.]
Findings—1988 c 268: "The legislature finds that partnerships among
school districts can: Increase curriculum offerings for students, encourage
creative educational programming and staffing, and result in the costeffective delivery of educational programs. It is the intent of the legislature
to establish a program to facilitate and encourage such partnerships among
small school districts." [1988 c 268 § 1.]
Severability—1988 c 268: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 268 § 12.]
28A.340.020 Eligibility—Participation. School
districts eligible for funding as a small high school district
pursuant to the state operating appropriations act shall be
eligible to participate in a cooperative project: PROVIDED,
That the superintendent of public instruction may adopt rules
permitting second class school districts that are not eligible
for funding as a small high school district in the state operating appropriations act to participate in a cooperative
project.
Two or more school districts may participate in a
cooperative project pursuant to RCW 28A.340.020 through
28A.340.070. [1990 c 33 § 367; 1988 c 268 § 3. Formerly
RCW 28A.100.082.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.030 Application—Review by the superintendent of public instruction. (1) Eligible school districts
desiring to form a cooperative project pursuant to RCW
28A.340.020 through 28A.340.070 shall submit to the
superintendent of public instruction an application for review
as a cooperative project. The application shall include, but
not be limited to, the following information:
(a) A description of the cooperative project, including
the programs, services, and administrative activities that will
be operated jointly;
(b) The improvements in curriculum offerings and
educational opportunities expected to result from the establishment of the proposed cooperative project;
(c) A list of any statutory requirements or administrative rules which are considered financial disincentives to the
establishment of cooperative projects and which would
impede the operation of the proposed cooperative project;
and the financial impact to the school districts and the state
expected to result by the granting of a waiver from such
statutory requirements or administrative rules;
(d) An assessment of community support for the
proposed cooperative project, which assessment shall include
(2002 Ed.)
Small High School Cooperative Projects
each community affected by the proposed cooperative
project; and
(e) A plan for evaluating the educational and costeffectiveness of the proposed cooperative project, including
curriculum offerings and staffing patterns.
(2) The superintendent of public instruction shall
review the application before the applicant school districts
may commence the proposed cooperative project.
In reviewing applications, the superintendent shall be
limited to: (a) The granting of waivers from statutory
requirements, for which the superintendent of public instruction has the express power to implement pursuant to the
adoption of rules, or administrative rules that need to be
waived in order for the proposed cooperative project to be
implemented: PROVIDED, That no statutory requirement or
administrative rule dealing with health, safety, or civil rights
may be waived; and (b) ensuring the technical accuracy of
the application.
Any waiver granted by the superintendent of public
instruction shall be reviewed and may be renewed by the
superintendent every five years subject to the participating
districts submitting a new application pursuant to this section.
(3) If additional eligible school districts wish to participate in an existing cooperative project the cooperative
project as a whole shall reapply for review by the superintendent of public instruction. [1990 c 33 § 368; 1988 c 268
§ 4. Formerly RCW 28A.100.084.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
school district, the rules shall provide that the affected
students are attending school in the district in which they
reside for the purposes of RCW 28A.150.250 and
28A.150.260 and chapter 28A.545 RCW. [1990 c 33 § 371;
1988 c 268 § 8. Formerly RCW 28A.100.090.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.340.070 Allocation of state funds for technical
assistance—Contracting with agencies for technical
assistance. (1) The superintendent of public instruction may
allocate state funds, as may be appropriated, to provide
technical assistance to eligible school districts interested in
developing and implementing a cooperative project.
(2) The superintendent of public instruction may
contract with other agencies to provide some or all of the
technical assistance under subsection (1) of this section.
[1988 c 268 § 9. Formerly RCW 28A.100.092.]
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
Chapter 28A.343
SCHOOL DIRECTOR DISTRICTS
Sections
28A.343.010
28A.343.020
28A.343.030
28A.340.040 Adoption of salary schedules—
Computation of fringe benefits. (1) School districts
participating in a cooperative project pursuant to RCW
28A.340.030 may adopt identical salary schedules following
compliance with chapter 41.59 RCW: PROVIDED, That if
the districts participating in a cooperative project adopt
identical salary schedules, the participating districts shall be
considered a single school district for purposes of establishing compliance with the salary limitations of RCW
28A.400.200(3) but not for the purposes of allocation of
state funds.
(2) For purposes of computing fringe benefit contributions for purposes of establishing compliance with RCW
28A.400.200(3)(b), the districts participating in a cooperative
project pursuant to RCW 28A.340.030 may use the greater
of: (a) The highest amount provided in the 1986-87 school
year by a district participating in the cooperative project; or
(b) the amount authorized for such purposes in the state
operating appropriations act in effect at the time. [1990 c 33
§ 369; 1988 c 268 § 5. Formerly RCW 28A.100.086.]
28A.343.040
28A.343.050
28A.343.060
Findings—Severability—1988 c 268: See notes following RCW
28A.340.010.
28A.343.620
28A.343.070
(2002 Ed.)
Director candidates in undivided districts—Indication
of term sought—How elected.
Certain school districts—Election for formation of new
school district.
Certain school districts—Election to authorize division
in school districts not already divided into
directors’ districts.
Division or redivision of district into director districts.
Dissolution of directors’ districts.
District boundary changes—Submission to county
auditor.
Map and record of directors’ districts.
ELECTIONS
28A.343.300
28A.343.310
28A.343.320
28A.343.330
28A.343.340
28A.343.350
28A.343.360
28A.343.370
28A.343.380
28A.343.390
28A.343.400
Directors—Terms—Number.
Terms for directors in divided districts.
Declarations of candidacy—Positions as separate offices.
Ballots—Form.
When elected—Eligibility.
Residency.
Oath of office.
Vacancies.
Meetings.
Quorum—Failure to attend meetings.
Compensation—Waiver.
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600
28A.343.610
28A.343.630
28A.340.060 Rules. (1) The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of RCW 28A.340.010
through 28A.340.070.
(2) When the joint operation of programs or services
includes the teaching of all or substantially all of the
curriculum for a particular grade or grades in only one local
28A.340.030
28A.343.640
28A.343.650
28A.343.660
Certain first class districts—Staggered terms.
First class districts having city with population of
400,000 people or more—Directors’ terms.
First class districts containing no former first class
district—Number and terms of directors.
First class districts containing only one former first
class district—Number and terms of directors.
First class districts containing more than one former
first class district—Number and terms of directors.
New first class district having city with population of
400,000 people or more—Number and terms of
directors.
First class districts having city with population of
400,000 people or more—Boundaries of director
districts—Candidate eligibility—Declaration of
[Title 28A RCW—page 131]
Chapter 28A.343
Title 28A RCW: Common School Provisions
candidacy—Primary limited to district voters—
Terms of directors.
28A.343.670
First class districts having city with population of
400,000 people or more—Initial director district
boundaries—Appointments to fill vacancies for
new director districts—Director district numbers.
28A.343.680
New second class districts—Number and terms of
directors.
Reviser’s note: 1999 c 315 §§ 804, 805, and 806 directed that
numerous sections in chapter 28A.315 RCW be recodified in three new
chapters in Title 28A RCW. These sections have been recodified in chapter
28A.343 RCW with subheadings.
28A.343.010 Director candidates in undivided
districts—Indication of term sought—How elected.
Whenever the directors to be elected in a school district that
is not divided into directors’ districts are not all to be elected
for the same term of years, the county auditor shall distinguish them and designate the same as provided for in *RCW
29.21.140, and assign position numbers thereto as provided
in **RCW 28A.315.470 and each candidate shall indicate on
his or her declaration of candidacy the term for which he or
she seeks to be elected and position number for which he or
she is filing. The candidate receiving the largest number of
votes for each position shall be deemed elected. [1990 c 33
§ 317; 1969 ex.s. c 223 § 28A.57.334. Prior: 1959 c 268
§ 12. Formerly RCW 28A.315.560, 28A.57.334, 28.57.420.]
Reviser’s note: *(1) RCW 29.21.140 was recodified as RCW
29.15.140 pursuant to 1990 c 59 § 110, effective July 1, 1992.
**(2) RCW 28A.315.470 was recodified as RCW 28A.343.320
pursuant to 1999 c 315 § 804.
28A.343.020 Certain school districts—Election for
formation of new school district. Whenever an election
shall be held for the purpose of securing the approval of the
voters for the formation of a new school district other than
a school district of the first class having within its boundaries a city with a population of four hundred thousand
people or more, if requested by one of the boards of directors of the school districts affected, there shall also be submitted to the voters at the same election a proposition to
authorize the board of directors to divide the school district,
if formed, into five directors’ districts in first class school
districts and a choice of five directors’ districts or no fewer
than three directors’ districts with the balance of the directors to be elected at large in second class school districts.
Such director districts in second class districts, if approved,
shall not become effective until the regular school election
following the next regular school election at which time a
new board of directors shall be elected as provided in *RCW
28A.315.550. Such director districts in first class districts,
if approved, shall not become effective until the next regular
school election at which time a new board of directors shall
be elected as provided in *RCW 28A.315.600, 28A.315.610,
and 28A.315.620. Each of the five directors shall be elected
from among the residents of the respective director district,
or from among the residents of the entire school district in
the case of directors at large, by the electors of the entire
school district. [1991 c 363 § 22; 1991 c 288 § 3. Prior:
1990 c 161 § 5; 1990 c 33 § 319; 1985 c 385 § 27; 1979
ex.s. c 183 § 2; 1975 c 43 § 8; 1973 2nd ex.s. c 21 § 2;
1971 c 67 § 2; 1969 ex.s. c 223 § 28A.57.342; prior: 1959
c 268 § 4. Formerly RCW 28A.315.580, 28A.57.342,
28.57.342.]
[Title 28A RCW—page 132]
Reviser’s note: *(1) RCW 28A.315.550, 28A.315.600, 28A.315.610,
and 28A.315.620 were recodified as RCW 28A.343.680, 28A.343.620,
28A.343.630, and 28A.343.640, respectively, pursuant to 1999 c 315 § 805.
(2) This section was amended by 1991 c 288 § 3 and by 1991 c 363
§ 22, each without reference to the other. Both amendments are incorporated in the publication of this section pursuant to RCW 1.12.025(2). For rule
of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—1979 ex.s. c 183: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on July 1, 1979." [1979 ex.s. c 183 § 12.]
Severability—1979 ex.s. c 183: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 183 § 13.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.030 Certain school districts—Election to
authorize division in school districts not already divided
into directors’ districts. The board of directors of every
first class school district other than a school district of the
first class having within its boundaries a city with a population of four hundred thousand people or more which is not
divided into directors’ districts may submit to the voters at
any regular school district election a proposition to authorize
the board of directors to divide the district into directors’
districts or for second class school districts into director
districts or a combination of no fewer than three director
districts and no more than two at large positions. If a
majority of the votes cast on the proposition is affirmative,
the board of directors shall proceed to divide the district into
directors’ districts following the procedure established in
RCW 29.70.100. Such director districts, if approved, shall
not become effective until the next regular school election
when a new five member board of directors shall be elected,
one from each of the director districts from among the
residents of the respective director district, or from among
the residents of the entire school district in the case of
directors at large, by the electors of the entire district, two
for a term of two years and three for a term of four years,
unless such district elects its directors for six years, in which
case, one for a term of two years, two for a term of four
years, and two for a term of six years. [1991 c 363 § 23;
1991 c 288 § 4; 1990 c 161 § 6; 1985 c 385 § 28; 1979
ex.s. c 183 § 3; 1975 c 43 § 9; 1973 2nd ex.s. c 21 § 3;
1971 c 67 § 8; 1969 ex.s. c 223 § 28A.57.344. Prior: 1959
c 268 § 3. Formerly RCW 28A.315.590, 28A.57.344,
28.57.344.]
Reviser’s note: This section was amended by 1991 c 288 § 4 and by
1991 c 363 § 23, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1985 c 385: See note following RCW 28A.315.025.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
(2002 Ed.)
School Director Districts
28A.343.040 Division or redivision of district into
director districts. It is the responsibility of each school
district board of directors to prepare for the division or
redivision of the district into director districts no later than
eight months after any of the following:
(1) Receipt of federal decennial census data from the
redistricting commission established in RCW 44.05.030;
(2) Consolidation of two or more districts into one
district under *RCW 28A.315.270;
(3) Transfer of territory to or from the district under
*RCW 28A.315.280;
(4) Annexation of territory to or from the district under
*RCW 28A.315.290 or 28A.315.320; or
(5) Approval by a majority of the registered voters
voting on a proposition authorizing the division of the
district into director districts pursuant to **RCW
28A.315.590.
The districting or redistricting plan shall be consistent
with the criteria and adopted according to the procedure
established under RCW 29.70.100. [1991 c 288 § 1.
Formerly RCW 28A.315.593.]
Reviser’s note: *(1) RCW 28A.315.270, 28A.315.280, 28A.315.290,
and 28A.315.320 were repealed by 1999 c 315 § 801. Later enactment of
RCW 28A.315.270, 28A.315.280, and 28A.315.320, see RCW 28A.315.195,
28A.315.215, and 28A.315.225, respectively.
**(2) RCW 28A.315.590 was recodified as RCW 28A.343.030
pursuant to 1999 c 315 § 806.
28A.343.050 Dissolution of directors’ districts.
Upon receipt by the educational service district superintendent of a resolution adopted by the board of directors or a
written petition from a second class school district signed by
at least twenty percent of the registered voters of a school
district previously divided into directors’ districts, which
resolution or petition shall request dissolution of the existing
directors’ districts and reapportionment of the district into no
fewer than three directors’ districts and with no more than
two directors at large, the superintendent, after formation of
the question to be submitted to the voters, shall give notice
thereof to the county auditor who shall call and hold a
special election of the voters of the entire school district to
approve or reject such proposal, such election to be called,
conducted and the returns canvassed as in regular school
district elections.
If approval of a majority of those registered voters
voting in said election is acquired, at the expiration of terms
of the incumbent directors of such school district their
successors shall be elected in the manner approved. [1990
c 161 § 3; 1990 c 33 § 326; 1975-’76 2nd ex.s. c 15 § 9.
Prior: 1975 1st ex.s. c 275 § 107; 1975 c 43 § 13; 1971 c
48 § 27; 1969 ex.s. c 223 § 28A.57.415. Formerly RCW
28A.315.660, 28A.57.415.]
Reviser’s note: This section was amended by 1990 c 33 § 326 and
by 1990 c 161 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.343.060 District boundary changes—
Submission to county auditor. (1) Any district boundary
changes, including changes in director district boundaries,
(2002 Ed.)
28A.343.040
shall be submitted to the county auditor by the school district
board of directors within thirty days after the changes have
been approved by the board. The board shall submit both
legal descriptions and maps.
(2) Any boundary changes submitted to the county
auditor after the fourth Monday in June of odd-numbered
years shall not take effect until the following year. [1991 c
288 § 9. Formerly RCW 28A.315.597.]
28A.343.070 Map and record of directors’ districts.
Each educational service district superintendent shall prepare
and keep in his or her office (1) a map showing the boundaries of the directors’ districts of all school districts in or
belonging to his or her educational service district that are so
divided, and (2) a record of the action taken by the regional
committee in establishing such boundaries. [1990 c 33 §
324; 1985 c 385 § 29; 1975 1st ex.s. c 275 § 106; 1969 ex.s.
c 176 § 140; 1969 ex.s. c 223 § 28A.57.390. Prior: 1947
c 266 § 38; Rem. Supp. 1947 § 4693-57. Formerly RCW
28A.315.640, 28A.57.390, 28.57.390.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
ELECTIONS
28A.343.300 Directors—Terms—Number. The
governing board of a school district shall be known as the
board of directors of the district.
Unless otherwise specifically provided, as in RCW
29.13.060, each member of a board of directors shall be
elected by ballot by the registered voters of the school
district and shall hold office for a term of four years and
until a successor is elected and qualified. Terms of school
directors shall be staggered, and insofar as possible, not
more than a majority of one shall be elected to full terms at
any regular election. In case a member or members of a
board of directors are to be elected to fill an unexpired term
or terms, the ballot shall specify the term for which each
such member is to be elected.
Except for a school district of the first class having
within its boundaries a city with a population of four
hundred thousand people or more which shall have a board
of directors of seven members, the board of directors of
every school district of the first class or school district of the
second class shall consist of five members. [1991 c 363 §
20; 1980 c 35 § 1; 1980 c 47 § 1. Prior: 1979 ex.s. c 183
§ 1; 1979 ex.s. c 126 § 4; 1975 c 43 § 5; 1973 2nd ex.s. c
21 § 1; 1969 c 131 § 8; 1969 ex.s. c 223 § 28A.57.312;
prior: 1957 c 67 § 1; 1955 c 55 § 11; 1947 c 266 § 10;
Rem. Supp. 1947 § 4693-29; prior: 1909 pp 289, 290 §§
1,2; RRS §§ 4790, 4791. Formerly RCW 28A.315.450,
28A.57.312, 28.57.338, 28.58.080.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 35 § 10.]
Severability—1980 c 47: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
[Title 28A RCW—page 133]
28A.343.300
Title 28A RCW: Common School Provisions
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 47 § 5.]
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.330 Ballots—Form. Except as provided in
RCW 29.21.010, the positions of school directors and the
candidates therefor shall appear separately on the nonpartisan
ballot in substantially the following form:
28A.343.310 Terms for directors in divided districts. Whenever all directors to be elected in a school
district that is divided into directors’ districts are not all to
be elected for the same term of years, the county auditor,
prior to the date set by law for filing a declaration of
candidacy for the office of director, shall determine by lot
the directors’ districts from which directors shall be elected
for a term of two years and the directors’ districts from
which directors shall be elected for a term of four years. In
districts with a combination of directors’ districts and
directors at large, the county auditor shall determine the
terms of office in such a manner that two-year terms and
four-year terms are distributed evenly to the extent possible
between the director district and at large positions. Each
candidate shall indicate on his or her declaration of candidacy the directors’ district from which he or she seeks to be
elected or whether the candidate is seeking election as a
director at large. [1990 c 161 § 7; 1990 c 33 § 325; 1969
ex.s. c 223 § 28A.57.410. Prior: 1959 c 268 § 11. Formerly RCW 28A.315.650, 28A.57.410, 28.57.410.]
To vote for a person make a cross (X) in the square at
the right of the name of the person for whom you desire to
vote.
Reviser’s note: This section was amended by 1990 c 33 § 325 and
by 1990 c 161 § 7, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
28A.343.320 Declarations of candidacy—Positions
as separate offices. Candidates for the position of school
director shall file their declarations of candidacy as provided
in Title 29 RCW.
The positions of school directors in each district shall be
dealt with as separate offices for all election purposes, and
where more than one position is to be filled, each candidate
shall file for one of the positions so designated: PROVIDED, That in school districts containing director districts, or
a combination of director districts and director at large
positions, candidates shall file for such director districts or
at large positions. Position numbers shall be assigned to
correspond to director district numbers to the extent possible.
[1990 c 161 § 4; 1990 c 59 § 98; 1969 ex.s. c 223 §
28A.57.314. Prior: 1963 c 223 § 1. Formerly RCW
28A.315.470, 28A.57.314, 28.58.082.]
Reviser’s note: This section was amended by 1990 c 59 § 98 and by
1990 c 161 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Commencement of terms of office: RCW 29.13.020, 29.13.050.
Nonpartisan primaries and elections: Chapter 29.21 RCW.
School district elections
in counties with a population of less than two hundred ten thousand, times
for holding: RCW 29.13.020.
in counties with a population of two hundred ten thousand or more, times
for holding: RCW 29.13.020, 29.13.060.
Terms of office: RCW 29.13.020, 29.13.050, 29.13.060.
[Title 28A RCW—page 134]
SCHOOL DIRECTOR ELECTION BALLOT
District No. . . . .
Date . . . . . .
School District Directors
Position No. 1
Vote for One
................................
................................
................................
Position No. 2
Vote for One
................................
................................
................................
To Fill Unexpired Term
Position No. 3
2 (or 4) year term
Vote for One
................................
................................
................................
The names of candidates shall appear upon the ballot in
order of filing for each position. There shall be no rotation
of names in the printing of such ballots. [1969 ex.s. c 223
§ 28A.57.316. Prior: 1963 c 223 § 2. Formerly RCW
28A.315.480, 28A.57.316, 28.58.083.]
28A.343.340 When elected—Eligibility. Directors of
school districts shall be elected at regular school elections.
No person shall be eligible to the office of school director
who is not a citizen of the United States and the state of
Washington and a registered voter of either the school
district or director district, as the case may be. [1969 ex.s.
c 223 § 28A.57.318. Prior: 1909 c 97 p 285 § 1; RRS §
4775; prior: 1903 c 104 § 16; 1901 c 41 § 2; 1899 c 142 §
7; 1897 c 118 § 39; 1893 c 107 § 2; 1890 p 364 § 25.
Formerly RCW 28A.315.490, 28A.57.318, 28.58.090.]
28A.343.350 Residency. Notwithstanding RCW
42.12.010(4), a school director elected from a director
district may continue to serve as a director from the district
even though the director no longer resides in the director
district, but continues to reside in the school district, under
the following conditions:
(1) If, as a result of redrawing the director district
boundaries, the director no longer resides in the director
district, the director shall retain his or her position for the
remainder of his or her term of office; and
(2002 Ed.)
School Director Districts
(2) If, as a result of the director changing his or her
place of residence the director no longer resides in the
director district, the director shall retain his or her position
until a successor is elected and assumes office as follows:
(a) If the change in residency occurs after the opening of the
regular filing period provided under RCW 29.15.020, in the
year two years after the director was elected to office, the
director shall remain in office for the remainder of his or her
term of office; or (b) if the change in residency occurs prior
to the opening of the regular filing period provided under
RCW 29.15.020, in the year two years after the director was
elected to office, the director shall remain in office until a
successor assumes office who has been elected to serve the
remainder of the unexpired term of office at the school
district general election held in that year. [1999 c 194 § 1.]
Reviser’s note: 1999 c 194 § 1 directed that this section be added to
chapter 28A.315 RCW. Chapter 28A.315 RCW was reorganized and
partially recodified by 1999 c 315, therefore codification in chapter 28A.343
RCW is more appropriate.
28A.343.360 Oath of office. Every person elected or
appointed to the office of school director, before entering
upon the discharge of the duties thereof, shall take an oath
or affirmation to support the Constitution of the United
States and the state of Washington and to faithfully discharge the duties of the office according to the best of his or
her ability. In case any official has a written appointment or
commission, the official’s oath or affirmation shall be
endorsed thereon and sworn to before any officer authorized
to administer oaths. School officials are hereby authorized
to administer all oaths or affirmations pertaining to their
respective offices without charge or fee. All oaths of office,
when properly made, shall be filed with the county auditor.
Every person elected to the office of school director shall
begin his or her term of office at the first official meeting of
the board of directors following certification of the election
results. [1990 c 33 § 314; 1988 c 187 § 1; 1986 c 167 § 16;
1969 ex.s. c 223 § 28A.57.322. Prior: 1909 c 97 p 288 §
11; RRS § 4786; prior: 1897 c 118 § 61; 1890 p 380 § 70.
Formerly RCW 28A.315.500, 28A.57.322, 28.58.095,
28.63.015, 28.63.017, 42.04.030.]
Severability—1986 c 167: See note following RCW 29.01.055.
28A.343.370 Vacancies. (1) In case of a vacancy
from any cause on the board of directors of a school district
other than a reconstituted board resulting from reorganized
school districts, a majority of the legally established number
of board members shall fill such vacancy by appointment:
PROVIDED, That should there exist fewer board members
on the board of directors of a school district than constitutes
a majority of the legally established number of board
members, the educational service district board members of
the district in which the school district is located by the vote
of a majority of its legally established number of board
members shall appoint a sufficient number of board members
to constitute a legal majority on the board of directors of
such school district; and the remaining vacancies on such
board of directors shall be filled by such board of directors
in accordance with the provisions of this section: PROVIDED FURTHER, That should any board of directors for
whatever reason fail to fill a vacancy within ninety days
from the creation of such vacancy, the members of the
(2002 Ed.)
28A.343.350
educational service district board of the district in which the
school district is located by majority vote shall fill such
vacancy.
(2) Appointees to fill vacancies on boards of directors
of school districts shall meet the requirements provided by
law for school directors and shall serve until the next regular
school district election, at which time a successor shall be
elected for the unexpired term.
(3) If a vacancy will be created by a board member who
has submitted a resignation, that board member may not vote
on the selection of his or her replacement. [1991 c 60 § 1;
1975 1st ex.s. c 275 § 100; 1971 c 53 § 2; 1969 ex.s. c 176
§ 156; 1969 ex.s. c 223 § 28A.57.326. Prior: (i) 1909 c 97
p 292 § 12; RRS 4801; prior: 1907 c 31 § 3; 1897 c 118 §
89; 1890 p 390 § 16. Formerly RCW 28.62.120. (ii) 1909
c 97 p 298 § 3; RRS § 4813. Formerly RCW 28.63.020.
(iii) 1909 c 97 p 301 § 3; RRS § 4825. Formerly RCW
28.63.022. (iv) 1959 c 216 § 7, part; 1955 c 157 § 14, part;
prior: 1909 p 281 § 4, part; 1903 c 104 § 14, part; 1899 c
142 § 6, part; 1897 c 118 § 33, part; 1891 c 127 § 3, part;
1890 p 355 § 11, part; RRS § 4770, part. Formerly RCW
28A.315.530, 28A.57.326, 28.19.060, part.]
Severability—1971 c 53: See note following RCW 28A.323.060.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.343.380 Meetings. Regular meetings of the
board of directors of any school district shall be held
monthly or more often at such a time as the board of directors by resolution shall determine or the bylaws of the board
may prescribe. Special or deferred meetings may be held
from time to time as circumstances may demand, at the call
of the president, if a first class district, or the chair of the
board, if a second class district, or on petition of a majority
of the members of the board. All meetings shall be open to
the public unless the board shall otherwise order an executive session as provided in RCW 42.30.110. [1990 c 33 §
315; 1983 c 3 § 35; 1975 c 43 § 6; 1969 ex.s. c 223 §
28A.57.324. Prior: (i) 1909 c 97 p 291 § 9; RRS § 4798;
prior: 1897 c 118 § 86; 1890 p 389 § 13. Formerly RCW
28.62.090. (ii) 1965 ex.s. c 87 § 1; 1909 c 97 p 299 § 6;
RRS § 4816. Formerly RCW 28.63.030. (iii) 1965 ex.s. c
87 § 2; 1909 c 97 p 302 § 6; RRS § 4828. Formerly RCW
28A.315.510, 28A.57.324, 28.63.032.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.390 Quorum—Failure to attend meetings.
A majority of all members of the board of directors shall
constitute a quorum. Absence of any board member from
four consecutive regular meetings of the board, unless on
account of sickness or authorized by resolution of the board,
shall be sufficient cause for the remaining members of the
board to declare by resolution that such board member
position is vacated. In addition, vacancies shall occur as
provided in RCW 42.12.010. [1994 c 223 § 5; 1971 c 53 §
4. Formerly RCW 28A.315.520, 28A.57.325.]
Severability—1971 c 53: See note following RCW 28A.323.060.
28A.343.400 Compensation—Waiver. Each member
of the board of directors of a school district may receive
[Title 28A RCW—page 135]
28A.343.400
Title 28A RCW: Common School Provisions
compensation of fifty dollars per day or portion thereof for
attending board meetings and for performing other services
on behalf of the school district, not to exceed four thousand
eight hundred dollars per year, if the district board of
directors has authorized by board resolution, at a regularly
scheduled meeting, the provision of such compensation. A
board of directors of a school district may authorize such
compensation only from locally collected excess levy funds
available for that purpose, and compensation for board
members shall not cause the state to incur any present or future funding obligation.
Any director may waive all or any portion of his or her
compensation under this section as to any month or months
during his or her term of office, by a written waiver filed
with the district as provided in this section. The waiver, to
be effective, must be filed any time after the director’s
election and before the date on which the compensation
would otherwise be paid. The waiver shall specify the
month or period of months for which it is made.
The compensation provided in this section shall be in
addition to any reimbursement for expenses paid to such
directors by the school district. [1987 c 307 § 2. Formerly
RCW 28A.315.540, 28A.57.327.]
Intent—1987 c 307: "The legislature declares it is the policy of the
state to:
(1) Ensure, for the sake of educational excellence, that the electorate
has the broadest possible field in which to choose qualified candidates for
its school boards;
(2) Ensure that the opportunity to serve on school boards be open to
all, regardless of financial circumstances; and
(3) Ensure that the time-consuming and demanding service as directors
not be limited to those able or willing to make substantial personal and
financial sacrifices." [1987 c 307 § 1.]
Effective date—1987 c 307: "This act shall take effect on September
1, 1987." [1987 c 307 § 3.]
PROVISIONS RELATING TO CERTAIN DISTRICTS
28A.343.600 Certain first class districts—Staggered
terms. Any first class school district having a board of
directors of five members as provided in *RCW
28A.315.450 and which elects directors for a term of six
years under the provisions of RCW 29.13.060 shall cause the
office of at least one director and no more than two directors
to be up for election at each regular school district election
held hereafter and, except as provided in **RCW
28A.315.680, any first class school district having a board of
directors of seven members as provided in *RCW
28A.315.450 shall cause the office of two directors and no
more than three directors to be up for election at each
regular school district election held hereafter. [1990 c 33 §
318; 1969 c 131 § 11; 1969 ex.s. c 223 § 28A.57.336.
Prior: 1959 c 268 § 13. Formerly RCW 28A.315.570,
28A.57.336, 28.57.430.]
Reviser’s note: *(1) RCW 28A.315.450 was recodified as RCW
28A.343.300 pursuant to 1999 c 315 § 804.
**(2) RCW 28A.315.680 was recodified as RCW 28A.343.670
pursuant to 1999 c 315 § 805.
28A.343.610 First class districts having city with
population of 400,000 people or more—Directors’ terms.
After July 1, 1979, the election of directors of any first class
school district having within its boundaries a city with a
[Title 28A RCW—page 136]
population of four hundred thousand people or more, shall
be to four year terms. The initial four year terms required
by this section shall commence upon the expiration of terms
in existence at July 1, 1979. Nothing in chapter 183, Laws
of 1979 ex. sess. shall affect the term of office of any
incumbent director of any such first class school district.
[1991 c 363 § 21; 1979 ex.s. c 183 § 10. Formerly RCW
28A.315.460, 28A.57.313.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Directors—Number and terms of in new first class district having city with
population of 400,000 people or more: RCW 28A.343.650.
28A.343.620 First class districts containing no
former first class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
no former first class district, the directors of the old school
districts who reside within the limits of the new district shall
meet at the call of the educational service district superintendent and shall constitute the board of directors of the new
district. If fewer than five such directors reside in such new
district, they shall become directors of said district and the
educational service district board shall appoint the number of
additional directors to constitute a board of five directors for
the district. Vacancies, once such a board has been reconstituted, shall not be filled unless the number of remaining
board members is less than five, and such vacancies shall be
filled in the manner otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and
thereafter shall have all the powers and authority conferred
by law upon boards of directors of first class school districts
until the next regular school election in the district at which
election their successors shall be elected and qualified. At
such election no more than five directors shall be elected
either at large or by director districts, as the case may be,
two for a term of two years and three for a term of four
years: PROVIDED, That if such first class district is in a
county with a population of two hundred ten thousand or
more and contains a city of the first class, two directors shall
be elected for a term of three years and three directors shall
be elected for a term of six years. [1991 c 363 § 24; 1990
c 33 § 320; 1980 c 35 § 3; 1979 ex.s. c 126 § 6; 1975 1st
ex.s. c 275 § 102; 1971 c 67 § 3. Formerly RCW
28A.315.600, 28A.57.355.]
*Reviser’s note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
28A.343.630 First class districts containing only one
former first class district—Number and terms of directors. Upon the establishment of a new school district of the
first class as provided for in *RCW 28A.315.580 containing
only one former first class district, the directors of the
former first class district and two directors representative of
former second class districts selected by a majority of the
(2002 Ed.)
School Director Districts
board members of former second class districts shall meet at
the call of the educational service district superintendent and
shall constitute the board of directors of the new district.
Vacancies, once such a board has been reconstituted, shall
not be filled unless the number of remaining board members
is less than five, and such vacancies shall be filled in the
manner otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and
thereafter shall have all the powers and authority conferred
by law upon boards of directors of first class school districts
until the next regular school election in the district at which
election their successors shall be elected and qualified. At
such election no more than five directors shall be elected
either at large or by director districts, as the case may be,
two for a term of two years and three for a term of four
years: PROVIDED, That if such first class district is in a
county with a population of two hundred ten thousand or
more and contains a city of the first class, two directors shall
be elected for a term of three years and three directors shall
be elected for a term of six years. [1991 c 363 § 25; 1990
c 33 § 321; 1980 c 35 § 4; 1979 ex.s. c 126 § 7; 1975-’76
2nd ex.s. c 15 § 6. Prior: 1975 1st ex.s. c 275 § 103; 1975
c 43 § 10; 1971 c 67 § 4. Formerly RCW 28A.315.610,
28A.57.356.]
*Reviser’s note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.640 First class districts containing more
than one former first class district—Number and terms
of directors. Upon the establishment of a new school district of the first class as provided for in *RCW 28A.315.580
containing more than one former first class district, the
directors of the largest former first class district and three
directors representative of the other former first class
districts selected by a majority of the board members of the
former first class districts and two directors representative of
former second class districts selected by a majority of the
board members of former second class districts shall meet at
the call of the educational service district superintendent and
shall constitute the board of directors of the new district.
Vacancies once such a board has been reconstituted shall not
be filled unless the number of remaining board members is
less than seven, and such vacancies shall be filled in the
manner otherwise provided by law.
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and
thereafter shall have all of the powers and authority conferred by law upon boards of first class districts until the
next regular school election and until their successors are
elected and qualified. At such election other than districts
electing directors for six-year terms as provided in RCW
29.13.060, as now or hereafter amended, five directors shall
be elected either at large or by director districts, as the case
may be, two for a term of two years and three for a term of
four years. At such election for districts electing directors
(2002 Ed.)
28A.343.630
for six years other than a district having within its boundaries a city with a population of four hundred thousand
people or more and electing directors for six year terms, five
directors shall be elected either at large or by director
districts, as the case may be, one for a term of two years,
two for a term of four years, and two for a term of six years.
[1991 c 363 § 26; 1990 c 33 § 322; 1980 c 35 § 5; 1980 c
47 § 2. Prior: 1979 ex.s. c 183 § 4; 1979 ex.s. c 126 § 8;
1975-’76 2nd ex.s. c 15 § 7; prior: 1975 1st ex.s. c 275 §
104; 1975 c 43 § 11; 1973 2nd ex.s. c 21 § 10; 1973 c 19 §
1; 1971 c 67 § 5. Formerly RCW 28A.315.620,
28A.57.357.]
*Reviser’s note: RCW 28A.315.580 was recodified as RCW
28A.343.020 pursuant to 1999 c 315 § 806.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1980 c 35: See note following RCW 28A.343.300.
Severability—1980 c 47: See note following RCW 28A.343.300.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.343.650 New first class district having city with
population of 400,000 people or more—Number and
terms of directors. Upon the establishment of a new school
district of the first class having within its boundaries a city
with a population of four hundred thousand people or more,
the directors of the largest former first class district and
three directors representative of the other former first class
districts selected by a majority of the board members of the
former first class districts and two directors representative of
former second class districts selected by a majority of the
board members of former second class districts shall meet at
the call of the educational service district superintendent and
shall constitute the board of directors of the new district.
Each board of directors so constituted shall proceed at once
to organize in the manner prescribed by law and thereafter
shall have all the powers and duties conferred by law upon
boards of first class districts, until the next regular school
election and until their successors are elected and qualified.
Such duties shall include establishment of new director
districts as provided for in *RCW 28A.315.670. At the next
regular school election seven directors shall be elected by
director districts, two for a term of two years, two for a term
of four years and three for a term of six years. Thereafter
their terms shall be as provided in *RCW 28A.315.460.
Vacancies once such a board has been reconstituted
shall not be filled unless the number of remaining board
members is less than seven, and such vacancies shall be
filled in the manner otherwise provided by law. [1991 c 363
§ 27; 1990 c 33 § 323; 1980 c 35 § 6; 1980 c 47 § 3. Prior:
1979 ex.s. c 183 § 5; 1979 ex.s. c 126 § 9; 1975-’76 2nd
ex.s. c 15 § 8; prior: 1975 1st ex.s. c 275 § 105; 1975 c 43
§ 12; 1973 2nd ex.s. c 21 § 4; 1971 c 67 § 6. Formerly
RCW 28A.315.630, 28A.57.358.]
*Reviser’s note: RCW 28A.315.670 and 28A.315.460 were
recodified as RCW 28A.343.660 and 28A.343.610, respectively, pursuant
to 1999 c 315 § 805.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
[Title 28A RCW—page 137]
28A.343.650
Title 28A RCW: Common School Provisions
Severability—1980 c 35: See note following RCW 28A.343.300.
Severability—1980 c 47: See note following RCW 28A.343.300.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Directors—First class districts having city with population of 400,000
people or more—Terms: RCW 28A.343.610.
28A.343.660 First class districts having city with
population of 400,000 people or more—Boundaries of
director districts—Candidate eligibility—Declaration of
candidacy—Primary limited to district voters—Terms of
directors. Notwithstanding any other provision of law, any
school district of the first class having within its boundaries
a city with a population of four hundred thousand people or
more shall be divided into seven director districts. The
boundaries of such director districts shall be established by
the members of the school board, such boundaries to be
established so that each such district shall comply, as nearly
as practicable, with the criteria established in RCW
29.70.100. Boundaries of such director districts shall be
adjusted by the school board following the procedure
established in RCW 29.70.100 after each federal decennial
census if population change shows the need thereof to
comply with the criteria of RCW 29.70.100. No person
shall be eligible for the position of school director in any
such director district unless such person resides in the
particular director district. Residents in the particular
director district desiring to be a candidate for school director
shall file their declarations of candidacy for such director
district and for the position of director in that district and
shall be voted upon, in any primary required to be held for
the position under Title 29 RCW, by the registered voters of
that particular director district. In the general election, each
position shall be voted upon by all the registered voters in
the school district. The order of the names of candidates
shall appear on the primary and general election ballots as
required for nonpartisan positions under Title 29 RCW.
Except as provided in *RCW 28A.315.680, every such
director so elected in school districts divided into seven
director districts shall serve for a term of four years as
otherwise provided in *RCW 28A.315.460. [1991 c 363 §
28; 1991 c 288 §§ 5, 6. Prior: 1990 c 59 § 99; 1990 c 33
§ 327; 1979 ex.s. c 183 § 6; 1973 2nd ex.s. c 21 § 5; 1969
c 131 § 9. Formerly RCW 28A.315.670, 28A.57.425.]
Reviser’s note: *(1) RCW 28A.315.680 and 28A.315.460 were
recodified as RCW 28A.343.670 and 28A.343.610, respectively, pursuant
to 1999 c 315 § 805.
(2) This section was amended by 1991 c 288 §§ 5 and 6 and by 1991
c 363 § 28, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: "(1)
Sections 28, 29, 33, and 131 of this act shall take effect July 1, 1992.
(2) Section 47 of this act shall take effect July 1, 1993." [1991 c 363
§ 165.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1991 c 288 §§ 6 and 8: "Sections 6 and 8 of this act
shall take effect July 1, 1992." [1991 c 288 § 12.]
Expiration date—1991 c 288 §§ 5 and 7: "Sections 5 and 7 of this
act shall expire July 1, 1992." [1991 c 288 § 11.]
[Title 28A RCW—page 138]
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
28A.343.670 First class districts having city with
population of 400,000 people or more—Initial director
district boundaries—Appointments to fill vacancies for
new director districts—Director district numbers. The
school boards of any school district of the first class having
within its boundaries a city with a population of four
hundred thousand people or more shall establish the director
district boundaries. Appointment of a board member to fill
any vacancy existing for a new director district prior to the
next regular school election shall be by the school board.
Prior to the next regular election in the school district and
the filing of declarations of candidacy therefor, the incumbent school board shall designate said director districts by
number. Directors appointed to fill vacancies as above
provided shall be subject to election, one for a six-year term,
and one for a two-year term and thereafter the term of their
respective successors shall be for four years. The term of
office of incumbent members of the board of such district
shall not be affected by *RCW 28A.315.450, 28A.315.460,
28A.315.570, 28A.315.670, and 28A.315.680. [1995 c 335
§ 106. Prior: 1991 c 363 § 29; 1991 c 288 §§ 7, 8; prior:
1990 c 59 § 72; 1990 c 33 § 328; 1983 c 3 § 36; 1979 ex.s.
c 183 § 7; 1973 2nd ex.s. c 21 § 6; 1969 c 131 § 10.
Formerly RCW 28A.315.680, 28A.57.435.]
*Reviser’s note: RCW 28A.315.450, 28A.315.460, 28A.315.570,
28A.315.670, and 28A.315.680 were recodified as RCW 28A.343.300,
28A.343.610, 28A.343.600, 28A.343.660, and 28A.343.670, respectively,
pursuant to 1999 c 315 §§ 804 and 805.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Effective dates—1991 c 363 §§ 28, 29, 33, 47, and 131: See note
following RCW 28A.343.660.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Effective date—1991 c 288 §§ 6 and 8: See note following RCW
28A.343.660.
Intent—Effective date—1990 c 59: See notes following RCW
29.01.006.
Effective date—Severability—1979 ex.s. c 183: See notes following
RCW 28A.343.020.
28A.343.680 New second class districts—Number
and terms of directors. Upon the establishment of a new
school district of the second class, the directors of the old
school districts who reside within the limits of the new
district shall meet at the call of the educational service
district superintendent and shall constitute the board of
directors of the new district. If fewer than five such
directors reside in any such new second class school district,
they shall become directors of said district, and the educational service district board shall appoint the number of
additional directors required to constitute a board of five
directors for the new second class district. Vacancies once
such a board has been reconstituted shall not be filled unless
the number of remaining board members is less than five in
a second class district, and such vacancies shall be filled in
the manner otherwise provided by law.
(2002 Ed.)
School Director Districts
Each board of directors so constituted shall proceed at
once to organize in the manner prescribed by law and
thereafter shall have all the powers and authority conferred
by law upon boards of directors of other districts of the same
class. Each initial director shall hold office until his or her
successor is elected and qualified: PROVIDED, That the
election of the successor shall be held during the second
district general election after the initial directors have
assumed office. At such election, no more than five directors shall be elected either at large or by director districts, as
the case may be, two for a term of two years and three for
a term of four years. Directors thereafter elected and
qualified shall serve such terms as provided for in *RCW
28A.315.450. [1990 c 33 § 316; 1980 c 35 § 2; 1979 ex.s.
c 126 § 5; 1975-’76 2nd ex.s. c 15 § 5. Prior: 1975 1st
ex.s. c 275 § 101; 1975 c 43 § 7; 1971 c 67 § 1; 1969 ex.s.
c 176 § 137; 1969 ex.s. c 223 § 28A.57.328; prior: 1959 c
268 § 7, part; 1947 c 266 § 24, part; Rem. Supp. 1947 §
4693-43, part. Formerly RCW 28A.315.550, 28A.57.328,
28.57.350, part.]
*Reviser’s note: RCW 28A.315.450 was recodified as RCW
28A.343.300 pursuant to 1999 c 315 § 804.
Severability—1980 c 35: See note following RCW 28A.343.300.
Purpose—1979 ex.s. c 126: See RCW 29.04.170(1).
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Chapter 28A.345
WASHINGTON STATE SCHOOL
DIRECTORS’ ASSOCIATION
Sections
28A.345.010
28A.345.020
28A.345.030
28A.345.040
28A.345.050
28A.345.060
Association created.
Membership.
Powers of association.
Coordination of policies—Report.
Association dues—Payment.
Audit of staff classifications and employees’ salaries—
Contract with department of personnel—Copies.
28A.345.902
Effective date—1983 c 187.
Motor vehicle transportation services—Washington state school directors’
association defined as state agency for purposes of: RCW 43.19.560.
28A.345.010 Association created. The public
necessity for the coordination of programs and procedures
pertaining to policymaking and to control and management
among the school districts of the state is hereby recognized,
and in the furtherance of such coordination there is hereby
created for said purpose an agency of the state to be known
as the Washington state school directors’ association,
hereinafter designated as the school directors’ association.
[1969 ex.s. c 223 § 28A.61.010. Prior: 1947 c 169 § 1;
Rem. Supp. 1947 § 4709-20. Formerly RCW 28A.61.010,
28.58.320.]
28A.345.020 Membership. The membership of the
school directors’ association shall comprise the members of
the boards of directors of the school districts of the state.
[1969 ex.s. c 223 § 28A.61.020. Prior: 1947 c 169 § 2;
(2002 Ed.)
28A.343.680
Rem. Supp. 1947 § 4709-21. Formerly RCW 28A.61.020,
28.58.330.]
28A.345.030 Powers of association. The school
directors’ association shall have the power:
(1) To prepare and adopt, amend and repeal a constitution and rules and regulations, and bylaws for its own
organization including county or regional units and for its
government and guidance: PROVIDED, That action taken
with respect thereto is consistent with the provisions of this
chapter or with other provisions of law;
(2) To arrange for and call such meetings of the
association or of the officers and committees thereof as are
deemed essential to the performance of its duties;
(3) To provide for the compensation of members of the
board of directors in accordance with RCW 43.03.240, and
for payment of travel and subsistence expenses incurred by
members and/or officers of the association and association
staff while engaged in the performance of duties under
direction of the association in the manner provided by RCW
28A.320.050;
(4) To employ an executive director and other staff and
pay such employees out of the funds of the association;
(5) To conduct studies and disseminate information
therefrom relative to increased efficiency in local school
board administration;
(6) To buy, lease, sell, or exchange such personal and
real property as necessary for the efficient operation of the
association and to borrow money, issue deeds of trust or
other evidence of indebtedness, or enter into contracts for the
purchase, lease, remodeling, or equipping of office facilities
or the acquisition of sites for such facilities;
(7) To purchase liability insurance for school directors,
which insurance may indemnify said directors against any or
all liabilities for personal or bodily injuries and property
damage arising from their acts or omissions while performing or while in good faith purporting to perform their official
duties as school directors;
(8) To provide advice and assistance to local boards to
promote their primary duty of representing the public
interest;
(9) Upon request by a local school district board(s) of
directors, to make available on a cost reimbursable contract
basis (a) specialized services, (b) research information, and
(c) consultants to advise and assist district board(s) in
particular problem areas: PROVIDED, That such services,
information, and consultants are not already available from
other state agencies, educational service districts, or from the
information and research services authorized by RCW
28A.320.110. [1991 c 66 § 1; 1990 c 33 § 372; 1989 c 325
§ 1; 1983 c 187 § 1; 1979 c 151 § 13; 1974 ex.s. c 101 § 1;
1969 ex.s. c 184 § 4; 1969 ex.s. c 223 § 28A.61.030. Prior:
1947 c 169 § 3; Rem. Supp. 1947 § 4709-22. Formerly
RCW 28A.61.030, 28.58.340.]
Effective date—1989 c 325: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 30,
1989." [1989 c 325 § 3.]
28A.345.040 Coordination of policies—Report. It
shall be the duty of the school directors’ association (1) to
take such action as the association deems advisable to effect
[Title 28A RCW—page 139]
28A.345.040
Title 28A RCW: Common School Provisions
a coordination of policymaking, control, and management of
the school districts of the state; and (2) to prepare and submit to the superintendent of public instruction annually, and
oftener if deemed advisable by the association, reports and
recommendations respecting the aforesaid matters and any
other matters which in the judgment of the association
pertain to an increase in the efficiency of the common school
system. [1969 ex.s. c 223 § 28A.61.040. Prior: 1947 c 169
§ 4; Rem. Supp. 1947 § 4709-23. Formerly RCW
28A.61.040, 28.58.350.]
28A.345.050 Association dues—Payment. The
school directors’ association may establish a graduated
schedule of dues for members of the association based upon
the number of certificated personnel in each district. Dues
shall be established for the directors of each district as a
group. The total of all dues assessed shall not exceed
twenty-seven cents for each one thousand dollars of the
statewide total of all school districts’ general fund receipts.
The board of directors of a school district shall make
provision for payment out of the general fund of the district
of the dues of association members resident in the district,
which payment shall be made in the manner provided by law
for the payment of other claims against the general fund of
the district. The dues for each school district shall be due
and payable on the first day of January of each year. [1983
c 187 § 2; 1969 c 125 § 2; 1969 ex.s. c 223 § 28A.61.050.
Prior: 1967 ex.s. c 8 § 76; 1965 c 103 § 1; 1957 c 281 § 1;
1953 c 226 § 1; 1947 c 169 § 5; Rem. Supp. 1947 §
4709-24. Formerly RCW 28A.61.050, 28.58.360.]
28A.345.060 Audit of staff classifications and
employees’ salaries—Contract with department of
personnel—Copies. The association shall contract with the
department of personnel for the department of personnel to
audit in odd-numbered years the association’s staff classifications and employees’ salaries. The association shall give
copies of the audit reports to the office of financial management and the committees of each house of the legislature
dealing with common schools. [1986 c 158 § 3; 1983 c 187
§ 4. Formerly RCW 28A.61.070.]
28A.345.902 Effective date—1983 c 187. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect June 30,
1983. [1983 c 187 § 8. Formerly RCW 28A.61.910.]
Chapter 28A.350
SCHOOL DISTRICT WARRANTS—
AUDITOR’S DUTIES
Sections
28A.350.010
28A.350.020
28A.350.030
28A.350.040
28A.350.050
28A.350.060
Registering warrants—All districts.
Registering warrants—Second class districts.
Auditing accounts—All districts.
Auditor to draw and issue warrants—Second class
districts.
Teacher must qualify before warrant drawn and issued
or registered—All districts.
Liability of auditor for warrants exceeding budget—
All districts.
[Title 28A RCW—page 140]
28A.350.070
Orders for warrants not transferable—Second class
districts.
28A.350.010 Registering warrants—All districts.
The county auditor shall register in the auditor’s own office,
and present to the treasurer for registration in the office of
the county treasurer, all warrants of first class districts, and
all warrants of second class districts electing to draw and
issue their own warrants under RCW 28A.330.230 received
from school district superintendents or district secretaries
before delivery of the same to claimants. [1990 c 33 § 373;
1975 c 43 § 27; 1973 c 111 § 2; 1969 ex.s. c 223 §
28A.66.010. Prior: 1911 c 78 § 1, part; RRS § 4864.
Formerly RCW 28A.66.010, 28.66.010.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
28A.350.020 Registering warrants—Second class
districts. The county auditor shall cause all school warrants
of second class districts issued by the auditor to be registered
in the treasurer’s office and shall retain the vouchers on file
in the auditor’s office. [1990 c 33 § 374; 1975 c 43 § 28;
1969 ex.s. c 223 § 28A.66.020. Prior: 1911 c 78 § 1, part;
RRS § 4863. Formerly RCW 28A.66.020, 28.66.020.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
28A.350.030 Auditing accounts—All districts. The
county auditors of the several counties of this state shall
audit all accounts of the several school districts of their
respective counties, the same as other accounts are audited
with the other departments of the county. [1969 ex.s. c 223
§ 28A.66.030. Prior: 1909 c 97 p 308 § 2; RRS § 4858.
Formerly RCW 28A.66.030, 28.66.030.]
28A.350.040 Auditor to draw and issue warrants—
Second class districts. The county auditor shall draw and
issue warrants for the payment of all salaries, expenses and
accounts against second class districts, except those who
draw and issue their own warrants pursuant to RCW
28A.330.230 upon the written order of the majority of the
members of the school board of each district. [1990 c 33 §
375; 1975 c 43 § 29; 1973 c 111 § 3; 1969 ex.s. c 223 §
28A.66.040. Prior: 1909 c 97 p 308 § 3; RRS § 4859.
Formerly RCW 28A.66.040, 28.66.040.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Severability—1973 c 111: See note following RCW 28A.330.230.
28A.350.050 Teacher must qualify before warrant
drawn and issued or registered—All districts. No warrant
shall be drawn and issued or registered by the county auditor
for the payment of any teacher who is not qualified within
the meaning of the law of this state. [1973 c 72 § 1; 1971
c 48 § 45; 1969 ex.s. c 223 § 28A.66.050. Prior: 1909 c 97
p 308 § 4; RRS § 4860. Formerly RCW 28A.66.050,
28.66.050.]
Severability—1971 c 48: See note following RCW 28A.305.040.
(2002 Ed.)
School District Warrants—Auditor’s Duties
28A.350.060 Liability of auditor for warrants
exceeding budget—All districts. Any county auditor
issuing or causing to be issued a district warrant for any sum
in excess of total disbursements of a district’s annual budget
shall be personally liable therefor, and shall reimburse the
district in double the amount of any such sum. [1975-’76
2nd ex.s. c 118 § 31; 1969 ex.s. c 223 § 28A.66.070. Prior:
1959 c 216 § 22; prior: 1933 c 28 § 2, part; 1909 c 97 p
288 § 9, part; 1897 c 118 § 46, part; 1893 c 107 § 3, part;
RRS § 4784, part. Formerly RCW 28A.66.070, 28.66.070.]
28A.400.280
28A.400.285
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.400.310
28A.350.070 Orders for warrants not transferable—
Second class districts. An order for a warrant issued by
any board of directors of second class school districts shall
not be transferable, and the county auditor shall issue no
warrant except to individuals or firms designated in original
district orders. [1975 c 43 § 30; 1969 ex.s. c 223 §
28A.66.080. Prior: 1959 c 216 § 23; prior: 1933 c 28 § 2,
part; 1909 c 97 p 288 § 9, part; 1897 c 118 § 46, part; 1893
c 107 § 3, part; RRS § 4784, part. Formerly RCW
28A.66.080, 28.66.080.]
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
Chapter 28A.400
EMPLOYEES
Sections
SUPERINTENDENTS
28A.400.010
28A.400.020
28A.400.030
Employment of superintendent—Superintendent’s
qualifications, general powers, term, contract renewal.
Directors’ and superintendents’ signatures filed with
auditor.
Superintendent’s duties.
PRINCIPALS
28A.400.100
28A.400.110
Principals and vice principals—Employment of—
Qualifications—Duties.
Principal to assure appropriate student discipline—
Building discipline standards—Classes to improve
classroom management skills.
SALARY AND COMPENSATION
28A.400.200
28A.400.205
28A.400.206
28A.400.210
28A.400.212
28A.400.220
28A.400.230
28A.400.240
28A.400.250
28A.400.260
28A.400.270
28A.400.275
(2002 Ed.)
Salaries and compensation for employees—Minimum
amounts—Limitations—Supplemental contracts.
Cost-of-living increases for employees.
Cost-of-living increases—Duty of state.
Employee attendance incentive program—
Remuneration or benefit plan for unused sick
leave.
Employee attendance incentive program—Effect of
early retirement.
Employee salary or compensation—Limitations respecting.
Deposit of cumulative total of earnings of group of
employees—Authorized—Conditions.
Deferred compensation plan for school district or
educational service district employees—
Limitations.
Tax deferred annuities.
Pension benefits or annuity benefits for certain classifications of employees—Procedure.
Employee benefit—Definitions.
Employee benefits—Contracts.
28A.350.060
Employee benefits—Employer contributions.
Contracts for services performed by classified employees.
HIRING AND DISCHARGE
28A.400.300
28A.400.303
28A.400.305
28A.400.306
28A.400.315
28A.400.320
28A.400.330
28A.400.340
Hiring and discharging of employees—Seniority and
leave benefits, transfers between school districts.
Record checks for employees.
Record check information—Access—Rules.
Fingerprints accepted by the state patrol—Fingerprints
forwarded to the federal bureau of investigation—
Conditions.
Law against discrimination applicable to districts’
employment practices.
Employment contracts.
Crimes against children—Mandatory termination of
classified employees—Appeal.
Crimes against children—Contractor employees—
Termination of contract.
Notice of discharge to contain notice of right to appeal
if available.
INSURANCE
28A.400.350
Liability, life, health, health care, accident, disability,
and salary insurance authorized—When required—
Premiums.
28A.400.360
Liability insurance for officials and employees authorized.
28A.400.370
Mandatory insurance protection for employees.
28A.400.380
Leave sharing program.
28A.400.391
Insurance for retired and disabled employees—
Application—Rules.
28A.400.395
Insurance for retired employees and their dependents—
Method of payment of premium.
28A.400.400
District contributions to the public employees’ and
retirees’ insurance account.
28A.400.410
Payment to the public employees’ and retirees’ insurance account.
Educational employment relations act: Chapter 41.59 RCW.
Reporting of harassment, intimidation, or bullying: RCW 28A.600.480.
SUPERINTENDENTS
28A.400.010 Employment of superintendent—
Superintendent’s qualifications, general powers, term,
contract renewal. In all districts the board of directors shall
elect a superintendent who shall have such qualification as
the local school board alone shall determine. The superintendent shall have supervision over the several departments
of the schools thereof and carry out such other powers and
duties as prescribed by law. Notwithstanding the provisions
of RCW 28A.400.300(1), the board may contract with such
superintendent for a term not to exceed three years when
deemed in the best interest of the district. The right to
renew a contract of employment with any school superintendent shall rest solely with the discretion of the school
board employing such school superintendent. Regarding
such renewal of contracts of school superintendents the
provisions of RCW 28A.405.210, 28A.405.240, and
28A.645.010 shall be inapplicable. [1990 c 33 § 376; 1985
c 7 § 94; 1975-’76 2nd ex.s. c 114 § 10; 1975-’76 2nd ex.s.
c 15 § 10. Prior: 1975 1st ex.s. c 254 § 2; 1975-’76 1st
ex.s. c 137 § 1; 1969 ex.s. c 223 § 28A.58.137; prior: (i)
1909 c 97 p 300 § 11; RRS § 4821. Formerly RCW
28.63.060. (ii) 1909 c 97 p 302 § 8; RRS § 4830. Formerly
RCW 28.63.062. (iii) 1909 c 97 p 302 § 9; RRS § 4831.
Formerly RCW 28.63.064. (iv) 1909 c 97 p 290 § 4, part;
[Title 28A RCW—page 141]
28A.400.010
Title 28A RCW: Common School Provisions
RRS § 4793, part. Formerly RCW 28A.58.137, 28.62.040,
part.]
PRINCIPALS
Savings—1975-’76 2nd ex.s. c 114: "Nothing in this 1976 amendatory act shall be construed to annul or to modify or to preclude the continuation of any lawful agreement entered into prior to the effective date of this
1976 amendatory act." [1975-’76 2nd ex.s. c 114 § 11.]
Severability—1975-’76 2nd ex.s. c 114: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 114
§ 12.]
Reimbursement of expenses of directors, other school representatives, and
superintendent candidates—Advancing anticipated expenses: RCW
28A.320.050.
28A.400.100 Principals and vice principals—
Employment of—Qualifications—Duties. School districts
may employ public school principals and/or vice principals
to supervise the operation and management of the school to
which they are assigned. Such persons shall hold valid
administrative certificates and shall hold or have held either
valid teacher certificates or valid educational staff associate
certificates. Persons who hold or have held valid educational
staff associate certificates must also have demonstrated successful school-based experience in an instructional role with
students. Persons whose certificates were revoked, suspended, or surrendered may not be employed as public school
principals or vice principals. In addition to such other duties
as shall be prescribed by law and by the job description
adopted by the board of directors, each principal shall:
(1) Assume administrative authority, responsibility and
instructional leadership, under the supervision of the school
district superintendent, and in accordance with the policies
of the school district board of directors, for the planning,
management, supervision and evaluation of the educational
program of the attendance area for which he or she is
responsible.
(2) Submit recommendations to the school district
superintendent regarding appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the
attendance area for which he or she is responsible.
(3) Submit recommendations to the school district
superintendent regarding the fiscal needs to maintain and
improve the instructional program of the attendance area for
which he or she is responsible.
(4) Assume administrative authority and responsibility
for the supervision, counseling and discipline of pupils in the
attendance area for which he or she is responsible. [2002 c
78 § 1; 1977 ex.s. c 272 § 1. Formerly RCW 28A.58.160.]
28A.400.020 Directors’ and superintendents’
signatures filed with auditor. Every school district director
and school district superintendent, on assuming the duties of
his or her office, shall place his or her signature, certified to
by some school district official, on file in the office of the
county auditor. [1990 c 33 § 377; 1969 ex.s. c 223 §
28A.58.140. Prior: 1909 c 97 p 289 § 12; RRS § 4787;
prior: 1897 c 118 § 61; 1890 p 380 § 70. Formerly RCW
28A.58.140, 28.58.140.]
28A.400.030 Superintendent’s duties. In addition to
such other duties as a district school board shall prescribe
the school district superintendent shall:
(1) Attend all meetings of the board of directors and
cause to have made a record as to the proceedings thereof.
(2) Keep such records and reports and in such form as
the district board of directors require or as otherwise
required by law or rule or regulation of higher administrative
agencies and turn the same over to his or her successor.
(3) Keep accurate and detailed accounts of all receipts
and expenditures of school money. At each annual school
meeting the superintendent must present his or her record
book of board proceedings for public inspection, and shall
make a statement of the financial condition of the district
and such record book must always be open for public
inspection.
(4) Give such notice of all annual or special elections as
otherwise required by law; also give notice of the regular
and special meetings of the board of directors.
(5) Sign all orders for warrants ordered to be issued by
the board of directors.
(6) Carry out all orders of the board of directors made
at any regular or special meeting. [1991 c 116 § 14; 1990
c 33 § 378; 1983 c 56 § 8; 1977 ex.s. c 80 § 30; 1975-’76
2nd ex.s. c 118 § 30; 1975 1st ex.s. c 275 § 110; 1971 c 48
§ 30; 1969 ex.s. c 223 § 28A.58.150. Prior: 1909 c 97 p
304 § 2; RRS § 4842; prior: 1907 c 163 § 3; 1899 c 142 §
10; 1897 c 118 § 49; 1893 c 107 § 5; 1891 c 127 § 12; 1890
p 367 § 34; Code 1881 §§ 3194, 3195, 3196, 3197; 1873 p
428 §§ 10, 11, 12, 13. Formerly RCW 28A.58.150,
28.58.150.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Severability—1971 c 48: See note following RCW 28A.305.040.
[Title 28A RCW—page 142]
Severability—1977 ex.s. c 272: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 272 § 2.]
28A.400.110 Principal to assure appropriate student
discipline—Building discipline standards—Classes to
improve classroom management skills. Within each
school the school principal shall determine that appropriate
student discipline is established and enforced. In order to
assist the principal in carrying out the intent of this section,
the principal and the certificated employees in a school
building shall confer at least annually in order to develop
and/or review building disciplinary standards and uniform
enforcement of those standards. Such building standards
shall be consistent with the provisions of RCW
28A.600.020(3).
School principals and certificated employees shall also
confer annually, to establish criteria for determining when
certificated employees must complete classes to improve
classroom management skills. [1997 c 266 § 12; 1990 c 33
§ 379; 1980 c 171 § 2; 1975-’76 2nd ex.s. c 97 § 3.
Formerly RCW 28A.58.201.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
(2002 Ed.)
Employees
28A.400.200
SALARY AND COMPENSATION
§ 225. Prior: 1990 1st ex.s. c 11 § 2; 1990 c 33 § 381;
1987 1st ex.s. c 2 § 205. Formerly RCW 28A.58.0951.]
28A.400.200 Salaries and compensation for employees—Minimum amounts—Limitations—Supplemental
contracts. (1) Every school district board of directors shall
fix, alter, allow, and order paid salaries and compensation
for all district employees in conformance with this section.
(2)(a) Salaries for certificated instructional staff shall not
be less than the salary provided in the appropriations act in
the statewide salary allocation schedule for an employee with
a baccalaureate degree and zero years of service; and
(b) Salaries for certificated instructional staff with a
masters degree shall not be less than the salary provided in
the appropriations act in the statewide salary allocation
schedule for an employee with a masters degree and zero
years of service;
(3)(a) The actual average salary paid to certificated instructional staff shall not exceed the district’s average
certificated instructional staff salary used for the state basic
education allocations for that school year as determined
pursuant to RCW 28A.150.410.
(b) Fringe benefit contributions for certificated instructional staff shall be included as salary under (a) of this
subsection only to the extent that the district’s actual average
benefit contribution exceeds the amount of the insurance
benefits allocation provided per certificated instructional staff
unit in the state operating appropriations act in effect at the
time the compensation is payable. For purposes of this
section, fringe benefits shall not include payment for unused
leave for illness or injury under RCW 28A.400.210; employer contributions for old age survivors insurance, workers’
compensation, unemployment compensation, and retirement
benefits under the Washington state retirement system; or
employer contributions for health benefits in excess of the
insurance benefits allocation provided per certificated
instructional staff unit in the state operating appropriations
act in effect at the time the compensation is payable. A
school district may not use state funds to provide employer
contributions for such excess health benefits.
(c) Salary and benefits for certificated instructional staff
in programs other than basic education shall be consistent
with the salary and benefits paid to certificated instructional
staff in the basic education program.
(4) Salaries and benefits for certificated instructional
staff may exceed the limitations in subsection (3) of this
section only by separate contract for additional time, additional responsibilities, or incentives. Supplemental contracts
shall not cause the state to incur any present or future
funding obligation. Supplemental contracts shall be subject
to the collective bargaining provisions of chapter 41.59 RCW
and the provisions of RCW 28A.405.240, shall not exceed
one year, and if not renewed shall not constitute adverse
change in accordance with RCW 28A.405.300 through
28A.405.380. No district may enter into a supplemental
contract under this subsection for the provision of services
which are a part of the basic education program required by
Article IX, section 3 of the state Constitution.
(5) Employee benefit plans offered by any district shall
comply with RCW 28A.400.350 and 28A.400.275 and
28A.400.280. [2002 c 353 § 2; 1997 c 141 § 2; 1993 c 492
Effective date—2002 c 353: See note following RCW 28A.150.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1990 1st ex.s. c 11: "The legislature recognizes the rising
costs of health insurance premiums for school employees, and the increasing
need to ensure effective use of state benefit dollars to obtain basic coverage
for employees and their dependents. In school districts that do not pool
benefit allocations among employees, increases in premium rates create
particular hardships for employees with families. For many of these
employees, the increases translate directly into larger payroll deductions
simply to maintain basic benefits.
The goal of this act is to provide access for school employees to basic
coverage, including coverage for dependents, while minimizing employees’
out-of-pocket premium costs. Unnecessary utilization of medical services
can contribute to rising health insurance costs. Therefore, the legislature
intends to encourage plans that promote appropriate utilization without
creating major barriers to access to care. The legislature also intends that
school districts pool state benefit allocations so as to eliminate major
differences in out-of-pocket premium expenses for employees who do and
do not need coverage for dependents." [1990 1st ex.s. c 11 § 1.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
(2002 Ed.)
28A.400.205 Cost-of-living increases for employees.
(1) School district employees shall be provided an annual
salary cost-of-living increase in accordance with this section.
(a) The cost-of-living increase shall be calculated by applying the rate of the yearly increase in the cost-of-living
index to any state-funded salary base used in state funding
formulas for teachers and other school district employees.
Beginning with the 2001-02 school year, and for each
subsequent school year, each school district shall be provided
a cost-of-living allocation sufficient to grant this cost-ofliving increase for the salaries, including mandatory salaryrelated benefits, of all employees of the district.
(b) A school district shall distribute its cost-of-living
allocation for salaries and salary-related benefits in accordance with the district’s salary schedules, collective bargaining agreements, and compensation policies. No later than
the end of the school year, each school district shall certify
to the superintendent of public instruction that it has spent
funds provided for cost-of-living increases on salaries and
salary-related benefits.
(c) Any funded cost-of-living increase shall be included
in the salary base used to determine cost-of-living increases
for all school employees in subsequent years. For teachers
and other certificated instructional staff, the rate of the
annual cost-of-living increase funded for certificated instructional staff shall be applied to the base salary used with the
statewide salary allocation schedule established under RCW
28A.150.410 and to any other salary models used to recognize school district personnel costs.
(d) Beginning with the 2001-02 school year, the state
shall fully fund the cost-of-living increase in this section as
part of its obligation to meet the basic education requirements under Article IX of the Washington Constitution.
(2) For the purposes of this section, "cost-of-living
index" means, for any school year, the previous calendar
year’s annual average consumer price index, using the
official current base, compiled by the bureau of labor
statistics, United States department of labor for the state of
[Title 28A RCW—page 143]
28A.400.205
Title 28A RCW: Common School Provisions
Washington. If the bureau of labor statistics develops more
than one consumer price index for areas within the state, the
index covering the greatest number of people, covering areas
exclusively within the boundaries of the state, and including
all items shall be used for the cost-of-living index in this
section. [2001 c 4 § 2 (Initiative Measure No. 732, approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 4 § 5 (Initiative Measure
No. 732, approved November 7, 2000).]
28A.400.206 Cost-of-living increases—Duty of state.
The Washington Constitution establishes "the paramount
duty of the state to make ample provision for the education
of all children." Providing quality education for all children
in Washington requires well-qualified and experienced
teachers and other school employees. However, salaries for
educators have not kept up with the increased cost-of-living
in the state. The failure to keep up with inflation threatens
Washington’s ability to compete with other states to attract
first-rate teachers to Washington classrooms and to keep
well-qualified educators from leaving for other professions.
The state must provide a fair and reasonable cost-of-living
increase to help ensure that the state attracts and keeps the
best teachers and school employees for the children of
Washington. [2001 c 4 § 1 (Initiative Measure No. 732,
approved November 7, 2000).]
Severability—2001 c 4 (Initiative Measure No. 732): See note
following RCW 28A.400.205.
28A.400.210 Employee attendance incentive program—Remuneration or benefit plan for unused sick
leave. Every school district board of directors may, in
accordance with chapters 41.56 and 41.59 RCW, establish an
attendance incentive program for all certificated and classified employees in the following manner, including covering
persons who were employed during the 1982-’83 school
year:
(1) In January of the year following any year in which
a minimum of sixty days of leave for illness or injury is
accrued, and each January thereafter, any eligible employee
may exercise an option to receive remuneration for unused
leave for illness or injury accumulated in the previous year
at a rate equal to one day’s monetary compensation of the
employee for each four full days of accrued leave for illness
or injury in excess of sixty days. Leave for illness or injury
for which compensation has been received shall be deducted
from accrued leave for illness or injury at the rate of four
days for every one day’s monetary compensation. No
employee may receive compensation under this section for
any portion of leave for illness or injury accumulated at a
rate in excess of one day per month.
(2) Except as provided in RCW 28A.400.212, at the
time of separation from school district employment an
eligible employee or the employee’s estate shall receive
remuneration at a rate equal to one day’s current monetary
compensation of the employee for each four full days
accrued leave for illness or injury. For purposes of this subsection, "eligible employee" means (a) employees who
separate from employment due to retirement or death; (b)
[Title 28A RCW—page 144]
employees who separate from employment and who are at
least age fifty-five and have at least ten years of service
under the teachers’ retirement system plan 3 as defined in
RCW 41.32.010(40), or under the Washington school
employees’ retirement system plan 3 as defined in *RCW
41.35.010(31); or (c) employees who separate from employment and who are at least age fifty-five and have at least
fifteen years of service under the teachers’ retirement system
plan 2 as defined in RCW 41.32.010(39), under the Washington school employees’ retirement system plan 2 as
defined in *RCW 41.35.010(30), or under the public
employees’ retirement system plan 2 as defined in RCW
41.40.010(34).
(3) In lieu of remuneration for unused leave for illness
or injury as provided in subsections (1) and (2) of this
section, a school district board of directors may, with
equivalent funds, provide eligible employees a benefit plan
that provides reimbursement for medical expenses. Any
benefit plan adopted after July 28, 1991, shall require, as a
condition of participation under the plan, that the employee
sign an agreement with the district to hold the district harmless should the United States government find that the
district or the employee is in debt to the United States as a
result of the employee not paying income taxes due on the
equivalent funds placed into the plan, or as a result of the
district not withholding or deducting any tax, assessment, or
other payment on such funds as required under federal law.
Moneys or benefits received under this section shall not
be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
The superintendent of public instruction in its administration hereof, shall promulgate uniform rules and regulations
to carry out the purposes of this section.
Should the legislature revoke any benefits granted under
this section, no affected employee shall be entitled thereafter
to receive such benefits as a matter of contractual right.
[2000 c 231 § 1; 1997 c 13 § 9; 1992 c 234 § 12; 1991 c 92
§ 2; 1989 c 69 § 2; 1983 c 275 § 2. Formerly RCW
28A.58.096.]
*Reviser’s note: RCW 41.35.010 was amended by 2001 c 180 § 3,
changing subsections (30) and (31) to subsections (29) and (30), respectively.
Intent—Construction—1983 c 275: "This act is intended to
effectuate the legislature’s intent in the original enactment of chapter 182,
Laws of 1980 and constitutes a readoption of the relevant portions of that
law. This act shall be construed as being in effect since June 12, 1980."
[1983 c 275 § 5.]
28A.400.212 Employee attendance incentive program—Effect of early retirement. An employee of a
school district that has established an attendance incentive
program under RCW 28A.400.210 who retires under section
1 or 3, chapter 234, Laws of 1992, section 1 or 3, chapter
86, Laws of 1993, or section 4 or 6, chapter 519, Laws of
1993, shall receive, at the time of his or her separation from
school district employment, not less than one-half of the
remuneration for accrued leave for illness or injury payable
to him or her under the district’s incentive program. The
school district board of directors may, at its discretion, pay
the remainder of such an employee’s remuneration for
accrued leave for illness or injury after the time of the
employee’s separation from school district employment, but
(2002 Ed.)
Employees
the employee or the employee’s estate is entitled to receive
the remainder of the remuneration no later than the date the
employee would have been eligible to retire under the
provisions of RCW 41.40.180 or 41.32.480 had the employee continued to work for the district until eligible to retire,
or three years following the date of the employee’s separation from school district employment, whichever occurs first.
A district exercising its discretion under this section to pay
the remainder of the remuneration after the time of the
employee’s separation from school district employment shall
establish a policy and procedure for paying the remaining
remuneration that applies to all affected employees equally
and without discrimination. Any remuneration paid shall be
based on the number of days of leave the employee had
accrued and the compensation the employee received at the
time he or she retired under section 1 or 3, chapter 234,
Laws of 1992, section 1 or 3, chapter 86, Laws of 1993, or
section 4 or 6, chapter 519, Laws of 1993. [1993 c 519 §
14; 1993 c 86 § 8; 1992 c 234 § 13.]
Reviser’s note: This section was amended by 1993 c 86 § 8 and by
1993 c 519 § 14, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Part headings not law—1993 c 519: "Part headings as used in this
act do not constitute any part of the law." [1993 c 519 § 24.]
Effective date—1993 c 519: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 18, 1993]." [1993 c 519 § 25.]
Effective date—1993 c 86: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 21, 1993]." [1993 c 86 § 9.]
28A.400.220 Employee salary or compensation—
Limitations respecting. (1) No school district board of
directors or administrators may:
(a) Increase an employee’s salary or compensation to
include a payment in lieu of providing a fringe benefit; or
(b) Allow any payment to an employee which is
partially or fully conditioned on the termination or retirement
of the employee, except as provided in subsection (2) of this
section.
(2) A school district board of directors may compensate
an employee for termination of the employee’s contract in
accordance with the termination provisions of the contract.
If no such provisions exist the compensation must be
reasonable based on the proportion of the uncompleted
contract. Compensation received under this subsection shall
not be included for the purposes of computing a retirement
allowance under any public retirement system in this state.
(3) Provisions of any contract in force on March 27,
1982, which conflict with the requirements of this section
shall continue in effect until contract expiration. After
expiration, any new contract including any renewal, extension, amendment or modification of an existing contract
executed between the parties shall be consistent with this
section. [1989 c 11 § 5; 1982 1st ex.s. c 10 § 1. Formerly
RCW 28A.58.098.]
Severability—1989 c 11: See note following RCW 9A.56.220.
Severability—1982 1st ex.s. c 10: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 10 § 3.]
(2002 Ed.)
28A.400.212
28A.400.230 Deposit of cumulative total of earnings
of group of employees—Authorized—Conditions. Any
school district authorized to draw and issue their own
warrants may deposit the cumulative total of the net earnings
of any group of employees in one or more banks within the
state such group or groups may designate, to be credited to
the individuals composing such groups, by a single warrant
to each bank so designated or by other commercially
acceptable methods: PROVIDED, That any such collective
authorization shall be made in writing by a minimum of
twenty-five employees or ten percent of the employees,
whichever is less. [1973 c 111 § 5. Formerly RCW
28A.58.730.]
Severability—1973 c 111: See note following RCW 28A.330.230.
28A.400.240 Deferred compensation plan for school
district or educational service district employees—
Limitations. In addition to any other powers and duties,
any school district or educational service district may
contract with any classified or certificated employee to defer
a portion of that employee’s income, which deferred portion
shall in no event exceed the appropriate internal revenue
service exclusion allowance for such plans, and shall
subsequently with the consent of the employee, deposit or
invest in a credit union, savings and loan association, bank,
mutual savings bank, or purchase life insurance, shares of an
investment company, or a fixed and/or variable annuity
contract, for the purpose of funding a deferred compensation
program for the employee, from any life underwriter or
registered representative duly licensed by this state who
represents an insurance company or an investment company
licensed to contract business in this state. In no event shall
the total investments or payments, and the employee’s
nondeferred income for any year exceed the total annual
salary, or compensation under the existing salary schedule or
classification plan applicable to such employee in such year.
Any income deferred under such a plan shall continue to be
included as regular compensation, for the purpose of
computing the retirement and pension benefits earned by any
employee, but any sum so deducted shall not be included in
the computation of any taxes withheld on behalf of any such
employee. [2001 c 266 § 1; 1975 1st ex.s. c 205 § 1; 1974
ex.s. c 11 § 1. Formerly RCW 28A.58.740.]
28A.400.250 Tax deferred annuities. The board of
directors of any school district, the Washington state
teachers’ retirement system, the superintendent of public
instruction, and educational service district superintendents
are authorized to provide and pay for tax deferred annuities
for their respective employees in lieu of a portion of salary
or wages as authorized under the provisions of 26 U.S.C.,
section 403(b), as amended by Public Law 87-370, 75 Stat.
796, as now or hereafter amended. The superintendent of
public instruction and educational service district superintendents, if eligible, may also be provided with such annuities.
At the request of at least five employees, the employees’
employer shall arrange for the purchase of tax deferred
annuity contracts which meet the requirements of 26 U.S.C.,
section 403(b), as now or hereafter amended, for the employees from any company the employees may choose that is
authorized to do business in this state through a Washington[Title 28A RCW—page 145]
28A.400.250
Title 28A RCW: Common School Provisions
licensed insurance agent that the employees may select.
Payroll deductions shall be made in accordance with the
arrangements for the purpose of paying the entire premium
due and to become due under the contracts. Employees’
rights under the annuity contract are nonforfeitable except
for the failure to pay premiums.
The board of directors of any school district, the
Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district
superintendents shall not restrict, except as provided in this
section, employees’ right to select the tax deferred annuity
of their choice or the agent, broker, or company licensed by
the state of Washington through which the tax deferred
annuity is placed or purchased, and shall not place limitations on the time or place that the employees make the
selection.
The board of directors of any school district, the
Washington state teachers’ retirement system, the superintendent of public instruction, and educational service district
superintendents may each adopt rules regulating the sale of
tax deferred annuities which: (1) Prohibit solicitation of
employees for the purposes of selling tax deferred annuities
on school premises during normal school hours; (2) only
permit the solicitation of tax deferred annuities by agents,
brokers, and companies licensed by the state of Washington;
and (3) require participating companies to execute reasonable
agreements protecting the respective employers from any
liability attendant to procuring tax deferred annuities. [1984
c 228 § 1; 1975 1st ex.s. c 275 § 113; 1971 c 48 § 31; 1969
c 97 § 2; 1969 ex.s. c 223 § 28A.58.560. Prior: 1965 c 54
§ 1, part. Formerly RCW 28A.58.560, 28.02.120, part.]
butions, as well as the characteristics of benefit providers
and the specific benefits or coverage offered. It shall not
include coverage offered to district employees for which
there is no contribution from public funds.
(2) "Fringe benefit" does not include liability coverage,
old-age survivors’ insurance, workers’ compensation,
unemployment compensation, retirement benefits under the
Washington state retirement system, or payment for unused
leave for illness or injury under RCW 28A.400.210.
(3) "Basic benefits" are determined through local
bargaining and are limited to medical, dental, vision, group
term life, and group long-term disability insurance coverage.
(4) "Benefit providers" include insurers, third party
claims administrators, direct providers of employee fringe
benefits, health maintenance organizations, health care
service contractors, and the Washington state health care authority or any plan offered by the authority.
(5) "Group term life insurance coverage" means term
life insurance coverage provided for, at a minimum, all fulltime employees in a bargaining unit or all full-time
nonbargaining group employees.
(6) "Group long-term disability insurance coverage"
means long-term disability insurance coverage provided for,
at a minimum, all full-time employees in a bargaining unit
or all full-time nonbargaining group employees. [1990 1st
ex.s. c 11 § 4.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.260 Pension benefits or annuity benefits
for certain classifications of employees—Procedure.
Notwithstanding any other provision of law, any school
district shall have the authority to provide for all employees
within an employment classification pension benefits or
annuity benefits as may already be established and in effect
by other employers of a similar classification of employees,
and payment therefor may be made by making contributions
to such pension plans or funds already established and in
effect by the other employers and in which the school
district is permitted to participate for such particular classifications of its employees by the trustees or other persons responsible for the administration of such established plans or
funds.
Notwithstanding provisions of RCW 41.40.023(4), the
coverage under such private plan shall not exclude such
employees from simultaneous coverage under the Washington public employees’ retirement system. [1972 ex.s. c 27
§ 1. Formerly RCW 28A.58.565.]
28A.400.270 Employee benefit—Definitions. Unless
the context clearly requires otherwise, the definitions in this
section apply throughout RCW 28A.400.275 and
28A.400.280.
(1) "School district employee benefit plan" means the
overall plan used by the district for distributing fringe benefit
subsidies to employees, including the method of determining
employee coverage and the amount of employer contri-
28A.400.275 Employee benefits—Contracts. (1)
Any contract for employee benefits executed after April 13,
1990, between a school district and a benefit provider or
employee bargaining unit is null and void unless it contains
an agreement to abide by state laws relating to school district
employee benefits. The term of the contract may not exceed
one year.
(2) School districts shall annually submit to the Washington state health care authority summary descriptions of all
benefits offered under the district’s employee benefit plan.
The districts shall also submit data to the health care
authority specifying the total number of employees and, for
each employee, types of coverage or benefits received
including numbers of covered dependents, the number of
eligible dependents, the amount of the district’s contribution,
additional premium costs paid by the employee through
payroll deductions, and the age and sex of the employee and
each dependent. The plan descriptions and the data shall be
submitted in a format and according to a schedule established by the health care authority.
(3) Any benefit provider offering a benefit plan by
contract with a school district under subsection (1) of this
section shall agree to make available to the school district
the benefit plan descriptions and, where available, the
demographic information on plan subscribers that the district
is required to report to the Washington state health care
authority under this section.
(4) This section shall not apply to benefit plans offered
in the 1989-90 school year. [1990 1st ex.s. c 11 § 5.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
Severability—1971 c 48: See note following RCW 28A.305.040.
[Title 28A RCW—page 146]
28A.400.280 Employee benefits—Employer contributions. (1) Except as provided in subsection (2) of this
(2002 Ed.)
Employees
section, school districts may provide employer fringe benefit
contributions after October 1, 1990, only for basic benefits.
However, school districts may continue payments under
contracts with employees or benefit providers in effect on
April 13, 1990, until the contract expires.
(2) School districts may provide employer contributions
after October 1, 1990, for optional benefit plans, in addition
to basic benefits, only for employees included in pooling
arrangements under this subsection. Optional benefit plans
may not include employee beneficiary accounts that can be
liquidated by the employee on termination of employment.
Optional benefit plans may be offered only if:
(a) The school district pools benefit allocations among
employees using a pooling arrangement that includes at least
one employee bargaining unit and/or all nonbargaining group
employees;
(b) Each full-time employee included in the pooling
arrangement is offered basic benefits, including coverage for
dependents, without a payroll deduction for premium
charges;
(c) Each full-time employee included in the pooling
arrangement, regardless of the number of dependents
receiving basic coverage, receives the same additional
employer contribution for other coverage or optional benefits; and
(d) For part-time employees included in the pooling
arrangement, participation in optional benefit plans shall be
governed by the same eligibility criteria and/or proration of
employer contributions used for allocations for basic benefits.
(3) Savings accruing to school districts due to limitations on benefit options under this section shall be pooled
and made available by the districts to reduce out-of-pocket
premium expenses for employees needing basic coverage for
dependents. School districts are not intended to divert state
benefit allocations for other purposes. [1990 1st ex.s. c 11
§ 6.]
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
28A.400.285 Contracts for services performed by
classified employees. (1) When a school district or educational service district enters into a contract for services that
had been previously performed by classified school employees, the contract shall contain a specific clause requiring the
contractor to provide for persons performing such services
under the contract, health benefits that are similar to those
provided for school employees who would otherwise perform
the work, but in no case are such health benefits required to
be greater than the benefits provided for basic health care
services under chapter 70.47 RCW.
(2) Decisions to enter into contracts for services by a
school district or educational service district may only be
made: (a) After the affected district has conducted a
feasibility study determining the potential costs and benefits,
including the impact on district employees who would otherwise perform the work, that would result from contracting
for the services; (b) after the decision to contract for the
services has been reviewed and approved by the superintendent of public instruction; and (c) subject to any
applicable requirements for collective bargaining. The
factors to be considered in the feasibility study shall be
(2002 Ed.)
28A.400.280
developed in consultation with representatives of the affected
employees and may include both long-term and short-term
effects of the proposal to contract for services.
(3) This section applies only if a contract is for services
performed by classified school employees on or after July
25, 1993.
(4) This section does not apply to:
(a) Temporary, nonongoing, or nonrecurring service
contracts; or
(b) Contracts for services previously performed by
employees in director/supervisor, professional, and technical
positions.
(5) For the purposes of subsection (4) of this section:
(a) "Director/supervisor position" means a position in
which an employee directs staff members and manages a
function, a program, or a support service.
(b) "Professional position" means a position for which
an employee is required to have a high degree of knowledge
and skills acquired through a baccalaureate degree or its
equivalent.
(c) "Technical position" means a position for which an
employee is required to have a combination of knowledge
and skills that can be obtained through approximately two
years of posthigh school education, such as from a community or technical college, or by on-the-job training. [1997 c
267 § 2; 1993 c 349 § 1.]
HIRING AND DISCHARGE
28A.400.300 Hiring and discharging of employees—
Seniority and leave benefits, transfers between school
districts. Every board of directors, unless otherwise specially provided by law, shall:
(1) Employ for not more than one year, and for sufficient cause discharge all certificated and classified employees;
(2) Adopt written policies granting leaves to persons
under contracts of employment with the school district(s) in
positions requiring either certification or classified qualifications, including but not limited to leaves for attendance at
official or private institutes and conferences and sabbatical
leaves for employees in positions requiring certification
qualification, and leaves for illness, injury, bereavement and,
emergencies for both certificated and classified employees,
and with such compensation as the board of directors
prescribe: PROVIDED, That the board of directors shall
adopt written policies granting to such persons annual leave
with compensation for illness, injury and emergencies as
follows:
(a) For such persons under contract with the school
district for a full year, at least ten days;
(b) For such persons under contract with the school
district as part time employees, at least that portion of ten
days as the total number of days contracted for bears to one
hundred eighty days;
(c) For certificated and classified employees, annual
leave with compensation for illness, injury, and emergencies
shall be granted and accrue at a rate not to exceed twelve
days per year; provisions of any contract in force on June
12, 1980, which conflict with requirements of this subsection
shall continue in effect until contract expiration; after
[Title 28A RCW—page 147]
28A.400.300
Title 28A RCW: Common School Provisions
expiration, any new contract executed between the parties
shall be consistent with this subsection;
(d) Compensation for leave for illness or injury actually
taken shall be the same as the compensation such person
would have received had such person not taken the leave
provided in this proviso;
(e) Leave provided in this proviso not taken shall
accumulate from year to year up to a maximum of one
hundred eighty days for the purposes of RCW 28A.400.210
and 28A.400.220, and for leave purposes up to a maximum
of the number of contract days agreed to in a given contract,
but not greater than one year. Such accumulated time may
be taken at any time during the school year or up to twelve
days per year may be used for the purpose of payments for
unused sick leave.
(f) Sick leave heretofore accumulated under section 1,
chapter 195, Laws of 1959 (former RCW 28.58.430) and
sick leave accumulated under administrative practice of
school districts prior to the effective date of section 1, chapter 195, Laws of 1959 (former RCW 28.58.430) is hereby
declared valid, and shall be added to leave for illness or
injury accumulated under this proviso;
(g) Any leave for injury or illness accumulated up to a
maximum of forty-five days shall be creditable as service
rendered for the purpose of determining the time at which an
employee is eligible to retire, if such leave is taken it may
not be compensated under the provisions of RCW
28A.400.210 and 28A.310.490;
(h) Accumulated leave under this proviso shall be
transferred to and from one district to another, the office of
superintendent of public instruction and offices of educational service district superintendents and boards, to and from
such districts and such offices;
(i) Leave accumulated by a person in a district prior to
leaving said district may, under rules and regulations of the
board, be granted to such person when the person returns to
the employment of the district.
When any certificated or classified employee leaves one
school district within the state and commences employment
with another school district within the state, the employee
shall retain the same seniority, leave benefits and other
benefits that the employee had in his or her previous
position: PROVIDED, That classified employees who
transfer between districts after July 28, 1985, shall not retain
any seniority rights other than longevity when leaving one
school district and beginning employment with another. If
the school district to which the person transfers has a
different system for computing seniority, leave benefits, and
other benefits, then the employee shall be granted the same
seniority, leave benefits and other benefits as a person in that
district who has similar occupational status and total years of
service. [1997 c 13 § 10; 1990 c 33 § 382. Prior: 1985 c
210 § 1; 1985 c 46 § 1; 1983 c 275 § 3. Formerly RCW
28A.58.099.]
Intent—Construction—1983 c 275: See note following RCW
28A.400.210.
28A.400.303 Record checks for employees. School
districts, educational service districts, the state school for the
deaf, the state school for the blind, and their contractors
hiring employees who will have regularly scheduled unsupervised access to children shall require a record check through
[Title 28A RCW—page 148]
the Washington state patrol criminal identification system
under RCW 43.43.830 through 43.43.834, 10.97.030, and
10.97.050 and through the federal bureau of investigation
before hiring an employee. The record check shall include
a fingerprint check using a complete Washington state criminal identification fingerprint card. The requesting entity
shall provide a copy of the record report to the applicant.
When necessary, applicants may be employed on a conditional basis pending completion of the investigation. If the
applicant has had a record check within the previous two
years, the district, the state school for the deaf, the state
school for the blind, or contractor may waive the requirement. The district, pursuant to chapter 41.59 or 41.56 RCW,
the state school for the deaf, the state school for the blind,
or contractor hiring the employee shall determine who shall
pay costs associated with the record check. [2001 c 296 §
3; 1992 c 159 § 2.]
Intent—2001 c 296: See note following RCW 9.96A.060.
Findings—1992 c 159: "The legislature finds that additional
safeguards are necessary to ensure the safety of Washington’s school
children. The legislature further finds that the results from state patrol
record checks are more complete when fingerprints of individuals are
provided, and that information from the federal bureau of investigation also
is necessary to obtain information on out-of-state criminal records. The
legislature further finds that confidentiality safeguards in state law are in
place to ensure that the rights of applicants for certification or jobs and
newly hired employees are protected." [1992 c 159 § 1.]
Criminal history record information—School volunteers: RCW
28A.320.155.
28A.400.305 Record check information—Access—
Rules. The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW on record
check information. The rules shall include, but not be
limited to the following:
(1) Written procedures providing a school district, state
school for the deaf, or state school for the blind employee or
applicant for certification or employment access to and
review of information obtained based on the record check
required under RCW 28A.400.303; and
(2) Written procedures limiting access to the superintendent of public instruction record check data base to only
those individuals processing record check information at the
office of the superintendent of public instruction, the appropriate school district or districts, the state school for the deaf,
the state school for the blind, and the appropriate educational
service district or districts. [2001 c 296 § 4; 1996 c 126 §
5.]
Intent—2001 c 296: See note following RCW 9.96A.060.
Effective date—1996 c 126: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 21, 1996]." [1996 c 126 § 7.]
28A.400.306 Fingerprints accepted by the state
patrol—Fingerprints forwarded to the federal bureau of
investigation—Conditions. The state patrol shall accept
fingerprints obtained under this chapter only if it can ensure
that the patrol will not retain a record of the fingerprints
after the check is complete. It shall not forward fingerprints
obtained under this chapter to the federal bureau of investigation unless it can ensure that the federal bureau of investi(2002 Ed.)
Employees
gation will not retain a record of the fingerprints after the
check is complete. [1995 c 335 § 504; 1992 c 159 § 9.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Findings—1992 c 159: See note following RCW 28A.400.303.
28A.400.310 Law against discrimination applicable
to districts’ employment practices. The provisions of
chapter 49.60 RCW as now or hereafter amended shall be
applicable to the employment of any certificated or classified
employee by any school district organized in this state.
[1997 c 13 § 11; 1969 ex.s. c 223 § 28A.02.050. Prior: (i)
1937 c 52 § 1; RRS § 4693-1. Formerly RCW 28.02.050.
(ii) 1937 c 52 § 2; RRS § 4693-2. Formerly RCW
28A.02.050, 28.02.051.]
28A.400.315 Employment contracts. Employment
contracts entered into between an employer and a superintendent, or administrator as defined in RCW 28A.405.230,
under RCW 28A.400.010, 28A.400.300, or 28A.405.210:
(1) Shall end no later than June 30th of the calendar
year that the contract expires except that, a contract entered
into after June 30th of a given year may expire during that
same calendar year; and
(2) Shall not be revised or entered into retroactively.
[1990 c 8 § 6.]
Findings—1990 c 8: See note following RCW 41.50.065.
28A.400.320 Crimes against children—Mandatory
termination of classified employees—Appeal. (1) The
school district board of directors shall immediately terminate
the employment of any classified employee who has contact
with children during the course of his or her employment
upon a guilty plea or conviction of any felony crime involving the physical neglect of a child under chapter 9A.42
RCW, the physical injury or death of a child under chapter
9A.32 or 9A.36 RCW (except motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under
chapter 9.68A RCW, sexual offenses under chapter 9A.44
RCW where a minor is the victim, promoting prostitution of
a minor under chapter 9A.88 RCW, the sale or purchase of
a minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction.
(2) The employee shall have a right of appeal under
chapter 28A.645 RCW including any right of appeal under
a collective bargaining agreement. [1990 c 33 § 383; 1989
c 320 § 3. Formerly RCW 28A.58.1001.]
Severability—1989 c 320: See note following RCW 28A.410.090.
Crimes against children—Notification of conviction or guilty plea of school
employee: RCW 43.43.845.
28A.400.330 Crimes against children—Contractor
employees—Termination of contract. The school district
board of directors shall include in any contract for services
with an entity or individual other than an employee of the
school district a provision requiring the contractor to prohibit
any employee of the contractor from working at a public
school who has contact with children at a public school
during the course of his or her employment and who has
pled guilty to or been convicted of any felony crime involving the physical neglect of a child under chapter 9A.42
(2002 Ed.)
28A.400.306
RCW, the physical injury or death of a child under chapter
9A.32 or 9A.36 RCW (except motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under
chapter 9.68A RCW, sexual offenses under chapter 9A.44
RCW where a minor is the victim, promoting prostitution of
a minor under chapter 9A.88 RCW, the sale or purchase of
a minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction. The contract shall also contain
a provision that any failure to comply with this section shall
be grounds for the school district immediately terminating
the contract. [1989 c 320 § 4. Formerly RCW
28A.58.1002.]
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.400.340 Notice of discharge to contain notice of
right to appeal if available. Any notice of discharge given
to a classified or certificated employee, if that employee has
a right to appeal the discharge, shall contain notice of that
right, notice that a description of the appeal process is
available, and how the description of the appeal process may
be obtained. [1991 c 102 § 1.]
INSURANCE
28A.400.350 Liability, life, health, health care,
accident, disability, and salary insurance authorized—
When required—Premiums. (1) The board of directors of
any of the state’s school districts or educational service
districts may make available liability, life, health, health
care, accident, disability and salary protection or insurance
or any one of, or a combination of the enumerated types of
insurance, or any other type of insurance or protection, for
the members of the boards of directors, the students, and
employees of the school district or educational service
district, and their dependents. Such coverage may be provided by contracts with private carriers, with the state health
care authority after July 1, 1990, pursuant to the approval of
the authority administrator, or through self-insurance or selffunding pursuant to chapter 48.62 RCW, or in any other
manner authorized by law.
(2) Whenever funds are available for these purposes the
board of directors of the school district or educational
service district may contribute all or a part of the cost of
such protection or insurance for the employees of their
respective school districts or educational service districts and
their dependents. The premiums on such liability insurance
shall be borne by the school district or educational service
district.
After October 1, 1990, school districts may not contribute to any employee protection or insurance other than
liability insurance unless the district’s employee benefit plan
conforms to RCW 28A.400.275 and 28A.400.280.
(3) For school board members, educational service
district board members, and students, the premiums due on
such protection or insurance shall be borne by the assenting
school board member, educational service district board
member, or student. The school district or educational
service district may contribute all or part of the costs,
including the premiums, of life, health, health care, accident
or disability insurance which shall be offered to all students
participating in interschool activities on the behalf of or as
[Title 28A RCW—page 149]
28A.400.350
Title 28A RCW: Common School Provisions
representative of their school, school district, or educational
service district. The school district board of directors and
the educational service district board may require any student
participating in extracurricular interschool activities to, as a
condition of participation, document evidence of insurance
or purchase insurance that will provide adequate coverage,
as determined by the school district board of directors or the
educational service district board, for medical expenses
incurred as a result of injury sustained while participating in
the extracurricular activity. In establishing such a requirement, the district shall adopt regulations for waiving or
reducing the premiums of such coverage as may be offered
through the school district or educational service district to
students participating in extracurricular activities, for those
students whose families, by reason of their low income,
would have difficulty paying the entire amount of such
insurance premiums. The district board shall adopt regulations for waiving or reducing the insurance coverage
requirements for low-income students in order to assure such
students are not prohibited from participating in extracurricular interschool activities.
(4) All contracts for insurance or protection written to
take advantage of the provisions of this section shall provide
that the beneficiaries of such contracts may utilize on an
equal participation basis the services of those practitioners
licensed pursuant to chapters 18.22, 18.25, 18.53, 18.57, and
18.71 RCW. [2001 c 266 § 2. Prior: 1995 1st sp.s. c 6 §
18; 1995 c 126 § 1; 1993 c 492 § 226; prior: 1990 1st ex.s.
c 11 § 3; 1990 c 74 § 1; 1988 c 107 § 16; 1985 c 277 § 8;
1977 ex.s. c 255 § 1; 1973 1st ex.s. c 9 § 1; 1971 ex.s. c
269 § 2; 1971 c 8 § 3; 1969 ex.s. c 237 § 3; 1969 ex.s. c
223 § 28A.58.420; prior: 1967 c 135 § 2, part; 1959 c 187
§ 1, part. Formerly RCW 28A.58.420, 28.76.410, part.]
Effective date—1995 1st sp.s. c 6: See note following RCW
28A.400.410.
Findings—Intent—1993 c 492: See notes following RCW 43.72.005.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1990 1st ex.s. c 11: See note following RCW 28A.400.200.
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
Retrospective application—1985 c 277: See note following RCW
48.01.050.
Severability—1971 ex.s. c 269: "If any provision of this 1971 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1971 ex.s. c 269 § 4.]
Hospitalization and medical insurance authorized: RCW 41.04.180.
Operation of student transportation program responsibility of local
district—Scope—Transporting of elderly—Insurance: RCW
28A.160.010.
Retirement allowance deductions for health care benefit plans: RCW
41.04.235.
28A.400.360 Liability insurance for officials and
employees authorized. The board of directors of each
school district may purchase liability insurance with such
limits as they may deem reasonable for the purpose of
protecting their officials and employees against liability for
personal or bodily injuries and property damage arising from
their acts or omissions while performing or in good faith
[Title 28A RCW—page 150]
purporting to perform their official duties. [1973 c 125 § 1.
Formerly RCW 28A.58.423.]
28A.400.370 Mandatory insurance protection for
employees. Notwithstanding any other provision of law,
after August 9, 1971 boards of directors of all school districts shall provide their employees with insurance protection
covering those employees while engaged in the maintenance
of order and discipline and the protection of school personnel and students and the property thereof when that is
deemed necessary by such employees. Such insurance
protection must include as a minimum, liability insurance
covering injury to persons and property, and insurance
protecting those employees from loss or damage of their
personal property incurred while so engaged. [1971 ex.s. c
269 § 1. Formerly RCW 28A.58.425.]
Severability—1971 ex.s. c 269: See note following RCW
28A.400.350.
28A.400.380 Leave sharing program. Every school
district board of directors and educational service district
superintendent may, in accordance with RCW 41.04.650
through 41.04.665, establish and administer a leave sharing
program for their certificated and classified employees. For
employees of school districts and educational service
districts, the superintendent of public instruction shall adopt
standards: (1) Establishing appropriate parameters for the
program which are consistent with the provisions of RCW
41.04.650 through 41.04.665; and (2) establishing procedures
to ensure that the program does not significantly increase the
cost of providing leave. [1997 c 13 § 12; 1990 c 23 § 4;
1989 c 93 § 6. Formerly RCW 28A.58.0991.]
Severability—1989 c 93: See note following RCW 41.04.650.
28A.400.391 Insurance for retired and disabled
employees—Application—Rules. (1) Every group disability insurance policy, health care service contract, health maintenance agreement, and health and welfare benefit plan
obtained or created to provide benefits to employees of
school districts and their dependents shall contain provisions
that permit retired and disabled employees to continue
medical, dental, or vision coverage under the group policy,
contract, agreement, or plan until September 30, 1993, or
until the employee becomes eligible for federal medicare
coverage, whichever occurs first. The terms and conditions
for election and maintenance of such continued coverage
shall conform to the standards established under the federal
consolidated omnibus budget reconciliation act of 1985, as
amended. The period of continued coverage provided under
this section shall run concurrently with any period of
coverage guaranteed under the federal consolidated omnibus
budget reconciliation act of 1985, as amended.
(2) This section applies to:
(a) School district employees who retired or lost
insurance coverage due to disability after July 28, 1991;
(b) School district employees who retired or lost
insurance coverage due to disability within the eighteenmonth period ending on July 28, 1991; and
(c) School district employees who retired or lost
insurance coverage due to disability prior to January 28,
(2002 Ed.)
Employees
1990, and who were covered by their employing district’s
insurance plan on January 1, 1991.
(3) For the purposes of this section "retired employee"
means an employee who separates from district service and
is eligible at the time of separation from service to receive,
immediately following separation from service, a retirement
allowance under chapter 41.32 or 41.40 RCW.
(4) The superintendent of public instruction shall adopt
administrative rules to implement this section. [1993 c 386
§ 2; 1992 c 152 § 1.]
Intent—1993 c 386: "It is the legislature’s intent to increase access
to health insurance for retired and disabled school employees and also to
improve equity between state employees and school employees by providing
for the reduction of health insurance premiums charged to retired school
employees through a subsidy charged against health insurance allocations
for active employees. It is further the legislature’s intent to improve the
cost-effectiveness of state-purchased health care by managing programs for
public employees, in this case retired school employees, through the state
health care authority." [1993 c 386 § 1.]
Effective date—1993 c 386 §§ 1, 2, 4-6, 8-10, and 12-16: "Sections
1, 2, 4 through 6, 8 through 10, and 12 through 16 of this act are necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [May 15, 1993]." [1993 c 386 § 18.]
28A.400.391
Chapter 28A.405
CERTIFICATED EMPLOYEES
Sections
QUALIFICATIONS
28A.405.030
28A.405.040
28A.405.050
28A.405.060
28A.405.070
CRITERIA FOR EVALUATION AND MODEL PROGRAMS
28A.405.100
28A.405.110
28A.405.120
28A.405.130
28A.405.140
Minimum criteria for the evaluation of certificated
employees, including administrators—Procedure—
Scope—Penalty.
Evaluations—Legislative findings.
Training for evaluators.
Training in evaluation procedures required.
Assistance for teacher may be required after evaluation.
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200
28A.405.210
28A.400.395 Insurance for retired employees and
their dependents—Method of payment of premium. A
group disability insurance policy, health care service contract, health maintenance agreement, or health and welfare
benefit plan that provides benefits to retired school district
employees and eligible dependents shall not require the
beneficiary to make payment by monthly deduction from the
beneficiary’s state retirement allowance if the payment
exceeds the retirement allowance. In such cases, the
payment may be made directly by the individual beneficiary.
[1992 c 152 § 3.]
Must teach morality and patriotism.
Disqualification for failure to emphasize patriotism.
Noncompliance with RCW 28A.405.040—Penalties.
Course of study and regulations—Enforcement—
Withholding salary warrant for failure.
Job sharing.
28A.405.220
28A.405.230
28A.405.240
28A.405.250
Annual salary schedules as basis for salaries of certificated employees.
Conditions and contracts of employment—
Determination of probable cause for nonrenewal of
contracts—Nonrenewal due to enrollment decline
or revenue loss—Notice—Opportunity for hearing.
Conditions and contracts of employment—Nonrenewal
of provisional employees—Notice—Procedure.
Conditions and contracts of employment—Transfer of
administrator to subordinate certificated position—
Notice—Procedure.
Conditions and contracts of employment—
Supplemental contracts, when—Continuing contract provisions not applicable to.
Certificated employees, applicants for certificated
position, not to be discriminated against—Right to
inspect personnel file.
HIRING AND DISCHARGE
28A.400.400 District contributions to the public
employees’ and retirees’ insurance account.
Reviser’s note: RCW 28A.400.400 was amended by 1994 c 153 §
11 without reference to its repeal by 1994 c 153 § 15, effective October 1,
1995. It has been decodified for publication purposes pursuant to RCW
1.12.025.
28A.405.300
28A.405.310
28A.405.320
28A.400.410 Payment to the public employees’ and
retirees’ insurance account. (1) In a manner prescribed by
the state health care authority, school districts and educational service districts shall remit to the health care authority for
deposit in the public employees’ and retirees’ insurance
account established in RCW 41.05.120 the amount specified
for remittance in the omnibus appropriations act.
(2) The remittance requirements specified in this section
shall not apply to employees of a school district or educational service district who receive insurance benefits through
contracts with the health care authority. [1995 1st sp.s. c 6
§ 1.]
Effective date—1995 1st sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 6 § 23.]
28A.405.330
28A.405.340
28A.405.350
28A.405.360
28A.405.370
28A.405.380
Adverse change in contract status of certificated employee—Determination of probable cause—
Notice—Opportunity for hearing.
Adverse change in contract status of certificated employee, including nonrenewal of contract—
Hearings—Procedure.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Notice—Service—Filing—Contents.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Certification and filing with court of transcript.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Scope.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Costs, attorney’s fee and damages.
Adverse change in contract status of certificated employee, including nonrenewal of contract—
Appellate review.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Other statutes not applicable.
Adverse change in contract status of certificated employee, including nonrenewal of contract—Appeal
from—Direct judicial appeal, when.
SALARY AND COMPENSATION
28A.405.400
(2002 Ed.)
Payroll deductions authorized for employees.
[Title 28A RCW—page 151]
Chapter 28A.405
Title 28A RCW: Common School Provisions
28A.405.410
Payroll deductions authorized for certificated employees—Savings.
28A.405.460
28A.405.465
Lunch period for certificated employees.
Use of classified personnel to supervise in
noninstructional activities.
MISCELLANEOUS PROVISIONS
TERMINATION OF CERTIFICATED STAFF
28A.405.470
Crimes against children—Mandatory termination of
certified employees—Appeal.
28A.405.900
Certain certificated employees exempt from chapter
provisions.
Assistance of certificated or classified employee—Reimbursement for
substitute: RCW 28A.300.035.
Conditional scholarship program for future teachers: Chapter 28B.102
RCW.
Educational employment relations act: Chapter 41.59 RCW.
Any certificated employee who wilfully refuses or
neglects to enforce the course of study or the rules and
regulations as above in this section required, shall not be
allowed by the directors any warrant for salary due until said
person shall have complied with said requirements. [1975
1st ex.s. c 275 § 132; 1971 c 48 § 49; 1969 ex.s. c 223 §
28A.67.060. Prior: (i) 1909 c 97 p 307 § 4; RRS § 4850;
prior: 1899 c 142 § 11; 1897 c 118 § 54; 1886 p 18 § 47.
Formerly RCW 28.67.060. (ii) 1909 c 97 p 360 § 8; RRS
§ 5051; prior: 1903 c 156 § 8; 1897 c 118 § 166. Formerly
RCW 28A.67.060, 28.87.150.]
28A.405.070 Job sharing. Effective December 31,
1995, school and educational service districts shall have a
policy on the sharing of jobs by district employees. [1995
c 335 § 701; 1989 c 206 § 1. Formerly RCW 28A.58.580.]
QUALIFICATIONS
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.405.030 Must teach morality and patriotism.
It shall be the duty of all teachers to endeavor to impress on
the minds of their pupils the principles of morality, truth,
justice, temperance, humanity and patriotism; to teach them
to avoid idleness, profanity and falsehood; to instruct them
in the principles of free government, and to train them up to
the true comprehension of the rights, duty and dignity of
American citizenship. [1969 ex.s. c 223 § 28A.67.110.
Prior: 1909 c 97 p 308 § 8; RRS § 4855; prior: 1897 c 118
§ 58; 1890 p 371 § 42; 1886 p 19 § 50; Code 1881 § 3203.
Formerly RCW 28A.67.110, 28.67.110.]
CRITERIA FOR EVALUATION AND
MODEL PROGRAMS
28A.405.040 Disqualification for failure to emphasize patriotism. No person, whose certificate or permit
authorizing him or her to teach in the common schools of
this state has been revoked due to his or her failure to
endeavor to impress on the minds of his or her pupils the
principles of patriotism, or to train them up to the true
comprehension of the rights, duty and dignity of American
citizenship, shall be permitted to teach in any common
school in this state. [1990 c 33 § 384; 1969 ex.s. c 223 §
28A.67.030. Prior: 1919 c 38 § 2; RRS § 4846. Formerly
RCW 28A.67.030, 28.67.030.]
28A.405.050
Noncompliance with RCW
28A.405.040—Penalties. Any person teaching in any school
in violation of RCW 28A.405.040, and any school director
knowingly permitting any person to teach in any school in
violation of RCW 28A.405.040, shall be guilty of a misdemeanor. [1991 c 115 § 1; 1990 c 33 § 385; 1969 ex.s. c
223 § 28A.67.035. Prior: 1919 c 38 § 3; RRS § 4847.
Formerly RCW 28A.67.035, 28.67.035, 28.67.120.]
28A.405.060 Course of study and regulations—
Enforcement—Withholding salary warrant for failure.
Certificated employees shall faithfully enforce in the common schools the course of study and regulations prescribed,
whether regulations of the district, the superintendent of
public instruction, or the state board of education, and shall
furnish promptly all information relating to the common
schools which may be requested by the educational service
district superintendent.
[Title 28A RCW—page 152]
28A.405.100 Minimum criteria for the evaluation of
certificated employees, including administrators—
Procedure—Scope—Penalty. (1) The superintendent of
public instruction shall establish and may amend from time
to time minimum criteria for the evaluation of the professional performance capabilities and development of certificated classroom teachers and certificated support personnel.
For classroom teachers the criteria shall be developed in the
following categories: Instructional skill; classroom management, professional preparation and scholarship; effort toward
improvement when needed; the handling of student discipline
and attendant problems; and interest in teaching pupils and
knowledge of subject matter.
Every board of directors shall, in accordance with
procedure provided in RCW 41.59.010 through 41.59.170,
41.59.910 and 41.59.920, establish evaluative criteria and
procedures for all certificated classroom teachers and
certificated support personnel. The evaluative criteria must
contain as a minimum the criteria established by the superintendent of public instruction pursuant to this section and
must be prepared within six months following adoption of
the superintendent of public instruction’s minimum criteria.
The district must certify to the superintendent of public
instruction that evaluative criteria have been so prepared by
the district.
Except as provided in subsection (5) of this section, it
shall be the responsibility of a principal or his or her
designee to evaluate all certificated personnel in his or her
school. During each school year all classroom teachers and
certificated support personnel, hereinafter referred to as
"employees" in this section, shall be observed for the
purposes of evaluation at least twice in the performance of
their assigned duties. Total observation time for each
employee for each school year shall be not less than sixty
minutes. Following each observation, or series of observations, the principal or other evaluator shall promptly document the results of the observation in writing, and shall
provide the employee with a copy thereof within three days
after such report is prepared. New employees shall be
(2002 Ed.)
Certificated Employees
observed at least once for a total observation time of thirty
minutes during the first ninety calendar days of their
employment period.
At any time after October 15th, an employee whose
work is judged unsatisfactory based on district evaluation
criteria shall be notified in writing of the specific areas of
deficiencies along with a reasonable program for improvement. During the period of probation, the employee may not
be transferred from the supervision of the original evaluator.
Improvement of performance or probable cause for
nonrenewal must occur and be documented by the original
evaluator before any consideration of a request for transfer
or reassignment as contemplated by either the individual or
the school district. A probationary period of sixty school
days shall be established. The establishment of a probationary period does not adversely affect the contract status of an
employee within the meaning of RCW 28A.405.300. The
purpose of the probationary period is to give the employee
opportunity to demonstrate improvements in his or her areas
of deficiency. The establishment of the probationary period
and the giving of the notice to the employee of deficiency
shall be by the school district superintendent and need not be
submitted to the board of directors for approval. During the
probationary period the evaluator shall meet with the
employee at least twice monthly to supervise and make a
written evaluation of the progress, if any, made by the
employee. The evaluator may authorize one additional
certificated employee to evaluate the probationer and to aid
the employee in improving his or her areas of deficiency;
such additional certificated employee shall be immune from
any civil liability that might otherwise be incurred or
imposed with regard to the good faith performance of such
evaluation. The probationer may be removed from probation
if he or she has demonstrated improvement to the satisfaction of the principal in those areas specifically detailed in
his or her initial notice of deficiency and subsequently
detailed in his or her improvement program. Lack of
necessary improvement during the established probationary
period, as specifically documented in writing with notification to the probationer and shall constitute grounds for a
finding of probable cause under RCW 28A.405.300 or
28A.405.210.
Immediately following the completion of a probationary
period that does not produce performance changes detailed
in the initial notice of deficiencies and improvement program, the employee may be removed from his or her
assignment and placed into an alternative assignment for the
remainder of the school year. This reassignment may not
displace another employee nor may it adversely affect the
probationary employee’s compensation or benefits for the
remainder of the employee’s contract year. If such reassignment is not possible, the district may, at its option, place the
employee on paid leave for the balance of the contract term.
(2) Every board of directors shall establish evaluative
criteria and procedures for all superintendents, principals,
and other administrators. It shall be the responsibility of the
district superintendent or his or her designee to evaluate all
administrators. Such evaluation shall be based on the
administrative position job description. Such criteria, when
applicable, shall include at least the following categories:
Knowledge of, experience in, and training in recognizing
good professional performance, capabilities and development;
(2002 Ed.)
28A.405.100
school administration and management; school finance;
professional preparation and scholarship; effort toward
improvement when needed; interest in pupils, employees,
patrons and subjects taught in school; leadership; and ability
and performance of evaluation of school personnel.
(3) Each certificated employee shall have the opportunity for confidential conferences with his or her immediate
supervisor on no less than two occasions in each school
year. Such confidential conference shall have as its sole
purpose the aiding of the administrator in his or her assessment of the employee’s professional performance.
(4) The failure of any evaluator to evaluate or supervise
or cause the evaluation or supervision of certificated employees or administrators in accordance with this section, as now
or hereafter amended, when it is his or her specific assigned
or delegated responsibility to do so, shall be sufficient cause
for the nonrenewal of any such evaluator’s contract under
RCW 28A.405.210, or the discharge of such evaluator under
RCW 28A.405.300.
(5) After an employee has four years of satisfactory
evaluations under subsection (1) of this section, a school
district may use a short form of evaluation, a locally
bargained evaluation emphasizing professional growth, an
evaluation under subsection (1) of this section, or any
combination thereof. The short form of evaluation shall
include either a thirty minute observation during the school
year with a written summary or a final annual written
evaluation based on the criteria in subsection (1) of this
section and based on at least two observation periods during
the school year totaling at least sixty minutes without a
written summary of such observations being prepared.
However, the evaluation process set forth in subsection (1)
of this section shall be followed at least once every three
years unless this time is extended by a local school district
under the bargaining process set forth in chapter 41.59
RCW. The employee or evaluator may require that the
evaluation process set forth in subsection (1) of this section
be conducted in any given school year. No evaluation other
than the evaluation authorized under subsection (1) of this
section may be used as a basis for determining that an
employee’s work is unsatisfactory under subsection (1) of
this section or as probable cause for the nonrenewal of an
employee’s contract under RCW 28A.405.210 unless an
evaluation process developed under chapter 41.59 RCW
determines otherwise. [1997 c 278 § 1; 1994 c 115 § 1;
1990 c 33 § 386; 1985 c 420 § 6; 1975-’76 2nd ex.s. c 114
§ 3; 1975 1st ex.s. c 288 § 22; 1969 ex.s. c 34 § 22.
Formerly RCW 28A.67.065.]
Effective date—1994 c 115: "This act shall take effect September 1,
1994." [1994 c 115 § 2.]
Severability—1985 c 420: See note following RCW 28A.405.110.
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
Effective date—1975 1st ex.s. c 288: See RCW 41.59.940.
Severability—1975 1st ex.s. c 288: See RCW 41.59.950.
Construction of chapter—Employee’s rights preserved: See RCW
41.59.920.
Construction of chapter—Employer’s responsibilities and rights
preserved: See RCW 41.59.930.
Criteria used for evaluation of staff members to be included in guide: RCW
28A.150.230.
[Title 28A RCW—page 153]
28A.405.100
Title 28A RCW: Common School Provisions
RCW 28A.405.100 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.110 Evaluations—Legislative findings. The
legislature recognizes the importance of teachers in the
educational system. Teachers are the fundamental element
in assuring a quality education for the state’s and the
nation’s children. Teachers, through their direct contact with
children, have a great impact on the development of the
child. The legislature finds that this important role of the
teacher requires an assurance that teachers are as successful
as possible in attaining the goal of a well-educated society.
The legislature finds, therefore, that the evaluation of those
persons seeking to enter the teaching profession is no less
important than the evaluation of those persons currently
teaching. The evaluation of persons seeking teaching
credentials should be strenuous while making accommodations uniquely appropriate to the applicants. Strenuous
teacher training and preparation should be complemented by
examinations of prospective teachers prior to candidates
being granted official certification by the state board of
education. Teacher preparation program entrance evaluations, teacher training, teacher preparation program exit
examinations, official certification, in-service training, and
ongoing evaluations of individual progress and professional
growth are all part of developing and maintaining a strong
precertification and postcertification professional education
system.
The legislature further finds that an evaluation system
for teachers has the following elements, goals, and objectives: (1) An evaluation system must be meaningful, helpful,
and objective; (2) an evaluation system must encourage
improvements in teaching skills, techniques, and abilities by
identifying areas needing improvement; (3) an evaluation
system must provide a mechanism to make meaningful
distinctions among teachers and to acknowledge, recognize,
and encourage superior teaching performance; and (4) an
evaluation system must encourage respect in the evaluation
process by the persons conducting the evaluations and the
persons subject to the evaluations through recognizing the
importance of objective standards and minimizing subjectivity. [1985 c 420 § 1. Formerly RCW 28A.67.205.]
Contingency—Effective date—1985 c 420: "If specific funding for
the purposes of this act, referencing this act by bill number, is not provided
by the legislature by July 1, 1987, sections 1 through 5 and 7 through 10
of this act shall be null and void. This act shall be of no effect unless such
specific funding is so provided. If such funding is so provided, this act
shall take effect when the legislation providing the funding takes effect."
[1985 c 420 § 11.]
Reviser’s note: (1) 1985 ex.s. c 6 § 501 provides specific funding for
the purposes of this act.
(2) 1985 ex.s. c 6 took effect June 27, 1985.
Severability—1985 c 420: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 420 § 12.]
28A.405.120 Training for evaluators. School
districts shall require each administrator, each principal, or
other supervisory personnel who has responsibility for
evaluating classroom teachers to have training in evaluation
procedures. [1995 c 335 § 401; 1985 c 420 § 3. Formerly
RCW 28A.67.210.]
[Title 28A RCW—page 154]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
28A.405.130 Training in evaluation procedures
required. No administrator, principal, or other supervisory
personnel may evaluate a teacher without having received
training in evaluation procedures. [1985 c 420 § 4. Formerly RCW 28A.67.215.]
Effective date—1985 c 420 § 4: "Section 4 of this act shall take
effect September 1, 1986." [1985 c 420 § 10.]
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
28A.405.140 Assistance for teacher may be required
after evaluation. After an evaluation conducted pursuant to
RCW 28A.405.100, the principal or the evaluator may
require the teacher to take in-service training provided by the
district in the area of teaching skills needing improvement,
and may require the teacher to have a mentor for purposes
of achieving such improvement. [1993 c 336 § 403; 1990
c 33 § 387; 1985 c 420 § 5. Formerly RCW 28A.67.220.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Contingency—Effective date—Severability—1985 c 420: See notes
following RCW 28A.405.110.
CONDITIONS AND CONTRACTS OF EMPLOYMENT
28A.405.200 Annual salary schedules as basis for
salaries of certificated employees. Every school district by
action of its board of directors shall adopt annual salary
schedules and reproduce the same by printing, mimeographing or other reasonable method, which shall be the
basis for salaries for all certificated employees in the district.
[1969 ex.s. c 283 § 1. Formerly RCW 28A.67.066,
28.67.066.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28A.405.210 Conditions and contracts of employment—Determination of probable cause for nonrenewal
of contracts—Nonrenewal due to enrollment decline or
revenue loss—Notice—Opportunity for hearing. No
teacher, principal, supervisor, superintendent, or other
certificated employee, holding a position as such with a
school district, hereinafter referred to as "employee", shall be
employed except by written order of a majority of the
directors of the district at a regular or special meeting
thereof, nor unless he or she is the holder of an effective
teacher’s certificate or other certificate required by law or
the state board of education for the position for which the
employee is employed.
The board shall make with each employee employed by
it a written contract, which shall be in conformity with the
laws of this state, and except as otherwise provided by law,
limited to a term of not more than one year. Every such
contract shall be made in duplicate, one copy to be retained
by the school district superintendent or secretary and one
copy to be delivered to the employee. No contract shall be
(2002 Ed.)
Certificated Employees
offered by any board for the employment of any employee
who has previously signed an employment contract for that
same term in another school district of the state of Washington unless such employee shall have been released from his
or her obligations under such previous contract by the board
of directors of the school district to which he or she was
obligated. Any contract signed in violation of this provision
shall be void.
In the event it is determined that there is probable cause
or causes that the employment contract of an employee
should not be renewed by the district for the next ensuing
term such employee shall be notified in writing on or before
May 15th preceding the commencement of such term of that
determination, or if the omnibus appropriations act has not
passed the legislature by May 15th, then notification shall be
no later than June 1st, which notification shall specify the
cause or causes for nonrenewal of contract. Such determination of probable cause for certificated employees, other than
the superintendent, shall be made by the superintendent.
Such notice shall be served upon the employee personally,
or by certified or registered mail, or by leaving a copy of the
notice at the house of his or her usual abode with some
person of suitable age and discretion then resident therein.
Every such employee so notified, at his or her request made
in writing and filed with the president, chair or secretary of
the board of directors of the district within ten days after
receiving such notice, shall be granted opportunity for
hearing pursuant to RCW 28A.405.310 to determine whether
there is sufficient cause or causes for nonrenewal of contract:
PROVIDED, That any employee receiving notice of
nonrenewal of contract due to an enrollment decline or loss
of revenue may, in his or her request for a hearing, stipulate
that initiation of the arrangements for a hearing officer as
provided for by RCW 28A.405.310(4) shall occur within ten
days following July 15 rather than the day that the employee
submits the request for a hearing. If any such notification or
opportunity for hearing is not timely given, the employee
entitled thereto shall be conclusively presumed to have been
reemployed by the district for the next ensuing term upon
contractual terms identical with those which would have
prevailed if his or her employment had actually been
renewed by the board of directors for such ensuing term.
This section shall not be applicable to "provisional
employees" as so designated in RCW 28A.405.220; transfer
to a subordinate certificated position as that procedure is set
forth in RCW 28A.405.230 shall not be construed as a
nonrenewal of contract for the purposes of this section.
[1996 c 201 § 1; 1990 c 33 § 390. Prior: 1983 c 83 § 1;
1983 c 56 § 11; 1975-’76 2nd ex.s. c 114 § 4; 1975 1st ex.s.
c 275 § 133; 1973 c 49 § 2; 1970 ex.s. c 15 § 16; prior:
1969 ex.s. c 176 § 143; 1969 ex.s. c 34 § 12; 1969 ex.s. c
15 § 2; 1969 ex.s. c 223 § 28A.67.070; prior: 1961 c 241
§ 1; 1955 c 68 § 3; prior: (i) 1909 c 97 p 307 § 5; 1897 c
118 § 55; 1891 c 127 § 14; 1890 p 369 § 37; 1886 p 18 §
47; Code 1881 § 3200; RRS § 4851. (ii) 1943 c 52 § 1,
part; 1941 c 179 § 1, part; 1939 c 131 § 1, part; 1925 ex.s.
c 57 § 1, part; 1919 c 89 § 3, part; 1915 c 44 § 1, part; 1909
c 97 p 285 § 2, part; 1907 c 240 § 5, part; 1903 c 104 § 17,
part; 1901 c 41 § 3, part; 1897 c 118 § 40, part; 1890 p 364
§ 26, part; Rem. Supp. 1943 § 4776, part. Formerly RCW
28A.67.070, 28.67.070.]
28A.405.210
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Penalty: RCW 28A.405.100.
School superintendent—RCW 28A.405.210 not applicable to contract
renewal: RCW 28A.400.010.
28A.405.220 Conditions and contracts of employment—Nonrenewal of provisional employees—Notice—
Procedure. Notwithstanding the provisions of RCW
28A.405.210, every person employed by a school district in
a teaching or other nonsupervisory certificated position shall
be subject to nonrenewal of employment contract as provided in this section during the first two years of employment
by such district, unless the employee has previously completed at least two years of certificated employment in another
school district in the state of Washington, in which case the
employee shall be subject to nonrenewal of employment
contract pursuant to this section during the first year of
employment with the new district. Employees as defined in
this section shall hereinafter be referred to as "provisional
employees".
In the event the superintendent of the school district
determines that the employment contract of any provisional
employee should not be renewed by the district for the next
ensuing term such provisional employee shall be notified
thereof in writing on or before May 15th preceding the
commencement of such school term, or if the omnibus
appropriations act has not passed the legislature by May
15th, then notification shall be no later than June 1st, which
notification shall state the reason or reasons for such
determination. Such notice shall be served upon the provisional employee personally, or by certified or registered
mail, or by leaving a copy of the notice at the place of his
or her usual abode with some person of suitable age and
discretion then resident therein. The determination of the superintendent shall be subject to the evaluation requirements
of RCW 28A.405.100.
Every such provisional employee so notified, at his or
her request made in writing and filed with the superintendent
of the district within ten days after receiving such notice,
shall be given the opportunity to meet informally with the
superintendent for the purpose of requesting the superintendent to reconsider his or her decision. Such meeting shall be
held no later than ten days following the receipt of such request, and the provisional employee shall be given written
notice of the date, time and place of meeting at least three
days prior thereto. At such meeting the provisional employee shall be given the opportunity to refute any facts upon
which the superintendent’s determination was based and to
make any argument in support of his or her request for
reconsideration.
Within ten days following the meeting with the provisional employee, the superintendent shall either reinstate the
provisional employee or shall submit to the school district
board of directors for consideration at its next regular
meeting a written report recommending that the employment
contract of the provisional employee be nonrenewed and
Severability—1983 c 56: See note following RCW 28A.195.010.
(2002 Ed.)
[Title 28A RCW—page 155]
28A.405.220
Title 28A RCW: Common School Provisions
stating the reason or reasons therefor. A copy of such report
shall be delivered to the provisional employee at least three
days prior to the scheduled meeting of the board of directors.
In taking action upon the recommendation of the superintendent, the board of directors shall consider any written
communication which the provisional employee may file
with the secretary of the board at any time prior to that
meeting.
The board of directors shall notify the provisional
employee in writing of its final decision within ten days
following the meeting at which the superintendent’s recommendation was considered. The decision of the board of
directors to nonrenew the contract of a provisional employee
shall be final and not subject to appeal.
This section applies to any person employed by a school
district in a teaching or other nonsupervisory certificated
position after June 25, 1976. This section provides the
exclusive means for nonrenewing the employment contract
of a provisional employee and no other provision of law
shall be applicable thereto, including, without limitation,
RCW 28A.405.210 and chapter 28A.645 RCW. [1996 c 201
§ 2; 1992 c 141 § 103; 1990 c 33 § 391; 1975-’76 2nd ex.s.
c 114 § 1. Formerly RCW 28A.67.072.]
Effective date—1992 c 141 § 103: "Section 103 of this act shall take
effect July 1, 1992." [1992 c 141 § 105.]
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
28A.405.230 Conditions and contracts of employment—Transfer of administrator to subordinate certificated position—Notice—Procedure. Any certificated
employee of a school district employed as an assistant
superintendent, director, principal, assistant principal,
coordinator, or in any other supervisory or administrative
position, hereinafter in this section referred to as "administrator", shall be subject to transfer, at the expiration of the
term of his or her employment contract, to any subordinate
certificated position within the school district. "Subordinate
certificated position" as used in this section, shall mean any
administrative or nonadministrative certificated position for
which the annual compensation is less than the position
currently held by the administrator.
Every superintendent determining that the best interests
of the school district would be served by transferring any
administrator to a subordinate certificated position shall
notify that administrator in writing on or before May 15th
preceding the commencement of such school term of that
determination, or if the omnibus appropriations act has not
passed the legislature by May 15th, then notification shall be
no later than June 1st, which notification shall state the
reason or reasons for the transfer, and shall identify the
subordinate certificated position to which the administrator
will be transferred. Such notice shall be served upon the
administrator personally, or by certified or registered mail,
or by leaving a copy of the notice at the place of his or her
usual abode with some person of suitable age and discretion
then resident therein.
Every such administrator so notified, at his or her
request made in writing and filed with the president or chair,
or secretary of the board of directors of the district within
[Title 28A RCW—page 156]
ten days after receiving such notice, shall be given the
opportunity to meet informally with the board of directors in
an executive session thereof for the purpose of requesting the
board to reconsider the decision of the superintendent. Such
board, upon receipt of such request, shall schedule the
meeting for no later than the next regularly scheduled
meeting of the board, and shall notify the administrator in
writing of the date, time and place of the meeting at least
three days prior thereto. At such meeting the administrator
shall be given the opportunity to refute any facts upon which
the determination was based and to make any argument in
support of his or her request for reconsideration. The
administrator and the board may invite their respective legal
counsel to be present and to participate at the meeting. The
board shall notify the administrator in writing of its final
decision within ten days following its meeting with the
administrator. No appeal to the courts shall lie from the
final decision of the board of directors to transfer an administrator to a subordinate certificated position: PROVIDED,
That in the case of principals such transfer shall be made at
the expiration of the contract year and only during the first
three consecutive school years of employment as a principal
by a school district; except that if any such principal has
been previously employed as a principal by another school
district in the state of Washington for three or more consecutive school years the provisions of this section shall
apply only to the first full school year of such employment.
This section applies to any person employed as an
administrator by a school district on June 25, 1976 and to all
persons so employed at any time thereafter. This section
provides the exclusive means for transferring an administrator to a subordinate certificated position at the expiration of
the term of his or her employment contract. [1996 c 201 §
3; 1990 c 33 § 392; 1975-’76 2nd ex.s. c 114 § 9. Formerly
RCW 28A.67.073.]
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
28A.405.240 Conditions and contracts of employment—Supplemental contracts, when—Continuing
contract provisions not applicable to. No certificated
employee shall be required to perform duties not described
in the contract unless a new or supplemental contract is
made, except that in an unexpected emergency the board of
directors or school district administration may require the
employee to perform other reasonable duties on a temporary
basis.
No supplemental contract shall be subject to the
continuing contract provisions of this title. [1990 c 33 §
393; 1985 c 341 § 15; 1969 ex.s. c 283 § 2. Formerly RCW
28A.67.074, 28.67.074.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
RCW 28A.405.240 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.250 Certificated employees, applicants for
certificated position, not to be discriminated against—
Right to inspect personnel file. The board of directors of
any school district, its employees or agents shall not discriminate in any way against any applicant for a certificated
position or any certificated employee
(2002 Ed.)
Certificated Employees
(1) On account of his or her membership in any lawful
organization, or
(2) For the orderly exercise during off-school hours of
any rights guaranteed under the law to citizens generally, or
(3) For family relationship, except where covered by
chapter 42.23 RCW.
The school district personnel file on any certificated
employee in the possession of the district, its employees, or
agents shall not be withheld at any time from the inspection
of that employee. [1990 c 33 § 394; 1969 ex.s. c 34 § 21.
Formerly RCW 28A.58.445.]
Code of ethics for municipal officers—Contract interests: Chapter 42.23
RCW.
HIRING AND DISCHARGE
28A.405.300 Adverse change in contract status of
certificated employee—Determination of probable
cause—Notice—Opportunity for hearing. In the event it
is determined that there is probable cause or causes for a
teacher, principal, supervisor, superintendent, or other
certificated employee, holding a position as such with the
school district, hereinafter referred to as "employee", to be
discharged or otherwise adversely affected in his or her
contract status, such employee shall be notified in writing of
that decision, which notification shall specify the probable
cause or causes for such action. Such determinations of
probable cause for certificated employees, other than the
superintendent, shall be made by the superintendent. Such
notices shall be served upon that employee personally, or by
certified or registered mail, or by leaving a copy of the
notice at the house of his or her usual abode with some
person of suitable age and discretion then resident therein.
Every such employee so notified, at his or her request made
in writing and filed with the president, chair of the board or
secretary of the board of directors of the district within ten
days after receiving such notice, shall be granted opportunity
for a hearing pursuant to RCW 28A.405.310 to determine
whether or not there is sufficient cause or causes for his or
her discharge or other adverse action against his or her
contract status.
In the event any such notice or opportunity for hearing
is not timely given, or in the event cause for discharge or
other adverse action is not established by a preponderance of
the evidence at the hearing, such employee shall not be
discharged or otherwise adversely affected in his or her
contract status for the causes stated in the original notice for
the duration of his or her contract.
If such employee does not request a hearing as provided
herein, such employee may be discharged or otherwise
adversely affected as provided in the notice served upon the
employee.
Transfer to a subordinate certificated position as that
procedure is set forth in RCW 28A.405.230 shall not be
construed as a discharge or other adverse action against
contract status for the purposes of this section. [1990 c 33
§ 395; 1975-’76 2nd ex.s. c 114 § 2; 1973 c 49 § 1; 1969
ex.s. c 34 § 13; 1969 ex.s. c 223 § 28A.58.450. Prior: 1961
c 241 § 2. Formerly RCW 28A.58.450, 28.58.450.]
Savings—Severability-1975-’76 2nd ex.s. c 114: See notes following
RCW 28A.400.010.
(2002 Ed.)
28A.405.250
Minimum criteria for the evaluation of certificated employees, including
administrators—Procedure—Scope—Penalty: RCW 28A.405.100.
RCW 28A.405.300 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
Transfer of administrator to subordinate certificated position—Procedure:
RCW 28A.405.230.
28A.405.310 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Hearings—Procedure. (1) Any employee receiving a
notice of probable cause for discharge or adverse effect in
contract status pursuant to RCW 28A.405.300, or any
employee, with the exception of provisional employees as
defined in RCW 28A.405.220, receiving a notice of probable
cause for nonrenewal of contract pursuant to RCW
28A.405.210, shall be granted the opportunity for a hearing
pursuant to this section.
(2) In any request for a hearing pursuant to RCW
28A.405.300 or 28A.405.210, the employee may request
either an open or closed hearing. The hearing shall be open
or closed as requested by the employee, but if the employee
fails to make such a request, the hearing officer may
determine whether the hearing shall be open or closed.
(3) The employee may engage counsel who shall be
entitled to represent the employee at the prehearing conference held pursuant to subsection (5) of this section and at all
subsequent proceedings pursuant to this section. At the
hearing provided for by this section, the employee may
produce such witnesses as he or she may desire.
(4) In the event that an employee requests a hearing
pursuant to RCW 28A.405.300 or 28A.405.210, a hearing
officer shall be appointed in the following manner: Within
fifteen days following the receipt of any such request the
board of directors of the district or its designee and the
employee or employee’s designee shall each appoint one
nominee. The two nominees shall jointly appoint a hearing
officer who shall be a member in good standing of the
Washington state bar association or a person adhering to the
arbitration standards established by the public employment
relations commission and listed on its current roster of
arbitrators. Should said nominees fail to agree as to who
should be appointed as the hearing officer, either the board
of directors or the employee, upon appropriate notice to the
other party, may apply to the presiding judge of the superior
court for the county in which the district is located for the
appointment of such hearing officer, whereupon such
presiding judge shall have the duty to appoint a hearing
officer who shall, in the judgment of such presiding judge,
be qualified to fairly and impartially discharge his or her
duties. Nothing herein shall preclude the board of directors
and the employee from stipulating as to the identity of the
hearing officer in which event the foregoing procedures for
the selection of the hearing officer shall be inapplicable.
The district shall pay all fees and expenses of any hearing
officer selected pursuant to this subsection.
(5) Within five days following the selection of a hearing
officer pursuant to subsection (4) of this section, the hearing
officer shall schedule a prehearing conference to be held
within such five day period, unless the board of directors
and employee agree on another date convenient with the
hearing officer. The employee shall be given written notice
of the date, time, and place of such prehearing conference at
[Title 28A RCW—page 157]
28A.405.310
Title 28A RCW: Common School Provisions
least three days prior to the date established for such
conference.
(6) The hearing officer shall preside at any prehearing
conference scheduled pursuant to subsection (5) of this
section and in connection therewith shall:
(a) Issue such subpoenas or subpoenas duces tecum as
either party may request at that time or thereafter; and
(b) Authorize the taking of prehearing depositions at the
request of either party at that time or thereafter; and
(c) Provide for such additional methods of discovery as
may be authorized by the civil rules applicable in the
superior courts of the state of Washington; and
(d) Establish the date for the commencement of the
hearing, to be within ten days following the date of the
prehearing conference, unless the employee requests a continuance, in which event the hearing officer shall give due
consideration to such request.
(7) The hearing officer shall preside at any hearing and
in connection therewith shall:
(a) Make rulings as to the admissibility of evidence
pursuant to the rules of evidence applicable in the superior
court of the state of Washington.
(b) Make other appropriate rulings of law and procedure.
(c) Within ten days following the conclusion of the
hearing transmit in writing to the board and to the employee,
findings of fact and conclusions of law and final decision.
If the final decision is in favor of the employee, the employee shall be restored to his or her employment position and
shall be awarded reasonable attorneys’ fees.
(8) Any final decision by the hearing officer to
nonrenew the employment contract of the employee, or to
discharge the employee, or to take other action adverse to
the employee’s contract status, as the case may be, shall be
based solely upon the cause or causes specified in the notice
of probable cause to the employee and shall be established
by a preponderance of the evidence at the hearing to be
sufficient cause or causes for such action.
(9) All subpoenas and prehearing discovery orders shall
be enforceable by and subject to the contempt and other
equity powers of the superior court of the county in which
the school district is located upon petition of any aggrieved
party.
(10) A complete record shall be made of the hearing
and all orders and rulings of the hearing officer and school
board. [1990 c 33 § 396; 1987 c 375 § 1; 1977 ex.s. c 7 §
1; 1975-’76 2nd ex.s. c 114 § 5. Formerly RCW
28A.58.455.]
Severability—1977 ex.s. c 7: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 7 § 2.]
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
28A.405.320 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Notice—Service—Filing—Contents. Any
teacher, principal, supervisor, superintendent, or other certificated employee, desiring to appeal from any action or failure
to act upon the part of a school board relating to the discharge or other action adversely affecting his or her contract
[Title 28A RCW—page 158]
status, or failure to renew that employee’s contract for the
next ensuing term, within thirty days after his or her receipt
of such decision or order, may serve upon the chair of the
school board and file with the clerk of the superior court in
the county in which the school district is located a notice of
appeal which shall set forth also in a clear and concise
manner the errors complained of. [1990 c 33 § 397; 1969
ex.s. c 34 § 14; 1969 ex.s. c 223 § 28A.58.460. Prior: 1961
c 241 § 3. Formerly RCW 28A.58.460, 28.58.460.]
RCW 28A.405.320 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.330 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Certification and filing with court of transcript. The clerk of the superior court, within ten days of
receipt of the notice of appeal shall notify in writing the
chair of the school board of the taking of the appeal, and
within twenty days thereafter the school board shall at its
expense file the complete transcript of the evidence and the
papers and exhibits relating to the decision complained of,
all properly certified to be correct. [1990 c 33 § 398; 1969
ex.s. c 223 § 28A.58.470. Prior: 1961 c 241 § 4. Formerly
RCW 28A.58.470, 28.58.470.]
RCW 28A.405.330 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.340 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Scope. Any appeal to the superior court by
an employee shall be heard by the superior court without a
jury. Such appeal shall be heard expeditiously. The
superior court’s review shall be confined to the verbatim
transcript of the hearing and the papers and exhibits admitted
into evidence at the hearing, except that in cases of alleged
irregularities in procedure not shown in the transcript or
exhibits and in cases of alleged abridgment of the
employee’s constitutional free speech rights, the court may
take additional testimony on the alleged procedural irregularities or abridgment of free speech rights. The court shall
hear oral argument and receive written briefs offered by the
parties.
The court may affirm the decision of the board or
hearing officer or remand the case for further proceedings;
or it may reverse the decision if the substantial rights of the
employee may have been prejudiced because the decision
was:
(1) In violation of constitutional provisions; or
(2) In excess of the statutory authority or jurisdiction of
the board or hearing officer; or
(3) Made upon unlawful procedure; or
(4) Affected by other error of law; or
(5) Clearly erroneous in view of the entire record as
submitted and the public policy contained in the act of the
legislature authorizing the decision or order; or
(6) Arbitrary or capricious. [1975-’76 2nd ex.s. c 114
§ 6; 1969 ex.s. c 34 § 15; 1969 ex.s. c 223 § 28A.58.480.
Prior: 1961 c 241 § 5. Formerly RCW 28A.58.480,
28.58.480.]
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
(2002 Ed.)
Certificated Employees
RCW 28A.405.340 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.350 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Costs, attorney’s fee and damages. If the
court enters judgment for the employee, and if the court
finds that the probable cause determination was made in bad
faith or upon insufficient legal grounds, the court in its
discretion may award to the employee a reasonable
attorneys’ fee for the preparation and trial of his or her
appeal, together with his or her taxable costs in the superior
court. If the court enters judgment for the employee, in
addition to ordering the school board to reinstate or issue a
new contract to the employee, the court may award damages
for loss of compensation incurred by the employee by reason
of the action of the school district. [1990 c 33 § 399;
1975-’76 2nd ex.s. c 114 § 7; 1969 ex.s. c 34 § 16; 1969
ex.s. c 223 § 28A.58.490. Prior: 1961 c 241 § 6. Formerly
RCW 28A.58.490, 28.58.490.]
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
RCW 28A.405.350 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.360 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appellate review. Either party to the proceedings in the
superior court may seek appellate review of the decision as
any other civil action. [1988 c 202 § 26; 1971 c 81 § 71;
1969 ex.s. c 223 § 28A.58.500. Prior: 1961 c 241 § 7.
Formerly RCW 28A.58.500, 28.58.500.]
Severability—1988 c 202: See note following RCW 2.24.050.
RCW 28A.405.360 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.405.370 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Other statutes not applicable. The provisions of chapter 28A.645 RCW shall not be applicable to
RCW 28A.405.300 through 28A.405.360. [1990 c 33 § 400;
1969 ex.s. c 223 § 28A.58.510. Prior: 1961 c 241 § 8.
Formerly RCW 28A.58.510, 28.58.510.]
RCW 28A.405.370 not applicable to contract renewal of school superintendents: RCW 28A.400.010.
28A.405.380 Adverse change in contract status of
certificated employee, including nonrenewal of contract—
Appeal from—Direct judicial appeal, when. In the event
that an employee, with the exception of a provisional
employee as defined in RCW 28A.405.220, receives a notice
of probable cause pursuant to RCW 28A.405.300 or
28A.405.210 stating that by reason of a lack of sufficient
funds or loss of levy election the employment contract of
such employee should not be renewed for the next ensuing
school term or that the same should be adversely affected,
the employee may appeal any said probable cause determination directly to the superior court of the county in which the
school district is located. Such appeal shall be perfected by
serving upon the secretary of the school board and filing
with the clerk of the superior court a notice of appeal within
ten days after receiving the probable cause notice. The
(2002 Ed.)
28A.405.340
notice of appeal shall set forth in a clear and concise manner
the action appealed from. The superior court shall determine
whether or not there was sufficient cause for the action as
specified in the probable cause notice, which cause must be
proven by a preponderance of the evidence, and shall base
its determination solely upon the cause or causes stated in
the notice of the employee. The appeal provided in this
section shall be tried as an ordinary civil action: PROVIDED, That the board of directors’ determination of priorities
for the expenditure of funds shall be subject to superior court
review pursuant to the standards set forth in RCW
28A.405.340: PROVIDED FURTHER, That the provisions
of RCW 28A.405.350 and 28A.405.360 shall be applicable
thereto. [1990 c 33 § 401; 1975-’76 2nd ex.s. c 114 § 8;
1973 c 49 § 3; 1969 ex.s. c 34 § 18. Formerly RCW
28A.58.515.]
Savings—Severability—1975-’76 2nd ex.s. c 114: See notes
following RCW 28A.400.010.
RCW 28A.405.380 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
SALARY AND COMPENSATION
28A.405.400 Payroll deductions authorized for
employees. In addition to other deductions permitted by
law, any person authorized to disburse funds in payment of
salaries or wages to employees of school districts, upon
written request of at least ten percent of the employees, shall
make deductions as they authorize, subject to the limitations
of district equipment or personnel. Any person authorized
to disburse funds shall not be required to make other deductions for employees if fewer than ten percent of the
employees make the request for the same payee. Moneys so
deducted shall be paid or applied monthly by the school
district for the purposes specified by the employee. The
employer may not derive any financial benefit from such
deductions. A deduction authorized before July 28, 1991,
shall be subject to the law in effect at the time the deduction
was authorized. [1991 c 116 § 18; 1972 ex.s. c 39 § 1.
Formerly RCW 28A.67.095.]
28A.405.410 Payroll deductions authorized for
certificated employees—Savings. Nothing in RCW
28A.405.400 shall be construed to annul or modify any
lawful agreement heretofore entered into between any school
district and any representative of its employees or other
existing lawful agreements and obligations in effect on May
23, 1972. [1990 c 33 § 402; 1972 ex.s. c 39 § 2. Formerly
RCW 28A.67.096.]
MISCELLANEOUS PROVISIONS
28A.405.460 Lunch period for certificated employees. All certificated employees of school districts shall be
allowed a reasonable lunch period of not less than thirty
continuous minutes per day during the regular school lunch
periods and during which they shall have no assigned duties:
PROVIDED, That local districts may work out other
arrangements with the consent of all affected parties. [1995
c 335 § 702; 1991 c 116 § 15; 1969 ex.s. c 223 §
[Title 28A RCW—page 159]
28A.405.460
Title 28A RCW: Common School Provisions
28A.58.275. Prior: 1965 c 18 § 1. Formerly RCW
28A.58.275, 28.58.275.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.405.465 Use of classified personnel to supervise
in noninstructional activities. Any school district may
employ classified personnel to supervise school children in
noninstructional activities, and in instructional activities
while under the supervision of a certificated employee.
[1997 c 13 § 13; 1991 c 116 § 16.]
TERMINATION OF CERTIFICATED STAFF
28A.405.470 Crimes against children—Mandatory
termination of certified employees—Appeal. The school
district shall immediately terminate the employment of any
person whose certificate or permit authorized under chapter
28A.405 or 28A.410 RCW is subject to revocation under
RCW 28A.410.090(2) upon a guilty plea or conviction of
any felony crime involving the physical neglect of a child
under chapter 9A.42 RCW, the physical injury or death of a
child under chapter 9A.32 or 9A.36 RCW (except motor
vehicle violations under chapter 46.61 RCW), sexual
exploitation of a child under chapter 9.68A RCW, sexual
offenses under chapter 9A.44 RCW where a minor is the
victim, promoting prostitution of a minor under chapter
9A.88 RCW, the sale or purchase of a minor child under
RCW 9A.64.030, or violation of similar laws of another
jurisdiction. Employment shall remain terminated unless the
employee successfully prevails on appeal. This section shall
only apply to employees holding a certificate or permit who
have contact with children during the course of their employment. [1990 c 33 § 405; 1989 c 320 § 5. Formerly RCW
28A.58.1003.]
Chapter 28A.410
CERTIFICATION
Sections
28A.410.010
28A.410.025
28A.410.032
28A.410.035
28A.410.040
28A.410.050
28A.410.060
28A.410.070
28A.410.080
28A.410.090
28A.410.095
28A.410.100
28A.410.105
28A.410.106
28A.410.110
28A.410.120
28A.410.200
28A.410.210
28A.410.220
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.410.230
28A.405.900 Certain certificated employees exempt
from chapter provisions. Certificated employees subject to
the provisions of RCW 28A.310.250, 28A.405.100,
28A.405.210, and 28A.405.220 shall not include those
certificated employees hired to replace certificated employees
who have been granted sabbatical, regular, or other leave by
school districts, and shall not include retirees hired for
postretirement employment under the provisions of chapter
10, Laws of 2001 2nd sp. sess.
It is not the intention of the legislature that this section
apply to any regularly hired certificated employee or that the
legal or constitutional rights of such employee be limited,
abridged, or abrogated. [2002 c 26 § 1; 2001 2nd sp.s. c 10
§ 2; 1990 c 33 § 404; 1972 ex.s. c 142 § 3. Formerly RCW
28A.67.900.]
Effective dates—2001 2nd sp.s. c 10: See note following RCW
41.40.037.
[Title 28A RCW—page 160]
28A.410.240
Certification—State board duty—Rules and regulations—Record check—Lapsed certificates—
Superintendent of public instruction as administrator.
Qualifications—Certificate or permit required.
Qualifications—Teachers of visually impaired—Rules.
Qualifications—Coursework on issues of abuse.
Initial-level certificates.
Baccalaureate and masters degree equivalency requirements for vocational instructors—Rules.
Fee for certification—Disposition.
Registration of certificates.
School year—For certification or qualification purposes.
Revocation or suspension of certificate or permit to
teach—Investigation by superintendent of public
instruction—Mandatory revocation for crimes
against children.
Violation or noncompliance—Investigatory powers of
superintendent of public instruction—Court orders—Contempt.
Revocation of authority to teach—Hearings and appeals.
Certificate or permit suspension—Nonpayment or
default on educational loan or scholarship.
Certificate or permit suspension—Noncompliance with
support order—Reissuance.
Limitation on reinstatement after revocation—
Reinstatement prohibited for crimes against children.
Professional certification not to be required of superintendents, deputy or assistant superintendents.
Washington professional educator standards board—
Creation—Membership—Executive director.
Washington professional educator standards board—
Powers and duties.
Washington professional educator standards board—
Basic skills assessment—Assessment of subject
knowledge—Administration of section—Rulemaking authority.
Washington professional educator standards board—
Review of proposed assessments before implementation.
Washington professional educator standards board—
Reports.
28A.410.010 Certification—State board duty—Rules
and regulations—Record check—Lapsed certificates—
Superintendent of public instruction as administrator.
The state board of education shall establish, publish, and
enforce rules and regulations determining eligibility for and
certification of personnel employed in the common schools
of this state, including certification for emergency or
temporary, substitute or provisional duty and under such
certificates or permits as the board shall deem proper or as
otherwise prescribed by law. The rules shall require that the
initial application for certification shall require a record
check of the applicant through the Washington state patrol
criminal identification system and through the federal bureau
of investigation at the applicant’s expense. The record check
shall include a fingerprint check using a complete Washington state criminal identification fingerprint card. The
superintendent of public instruction may waive the record
check for any applicant who has had a record check within
the two years before application. The rules shall permit a
holder of a lapsed certificate but not a revoked or suspended
(2002 Ed.)
Certification
certificate to be employed on a conditional basis by a school
district with the requirement that the holder must complete
any certificate renewal requirements established by the state
board of education within two years of initial reemployment.
In establishing rules pertaining to the qualifications of
instructors of American sign language the state board shall
consult with the national association of the deaf, "sign
instructors guidance network" (s.i.g.n.), and the Washington
state association of the deaf for evaluation and certification
of sign language instructors.
The superintendent of public instruction shall act as the
administrator of any such rules and regulations and have the
power to issue any certificates or permits and revoke the
same in accordance with board rules and regulations. [2001
c 263 § 1. Prior: 1992 c 159 § 3; 1992 c 60 § 2; prior:
1988 c 172 § 3; 1988 c 97 § 1; 1987 c 486 § 8; 1975-’76
2nd ex.s. c 92 § 2; 1969 ex.s. c 223 § 28A.70.005. Formerly RCW 28A.70.005.]
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1988 c 97: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 97 § 3.]
Severability—1975-’76 2nd ex.s. c 92: See note following RCW
28A.305.130.
28A.410.025 Qualifications—Certificate or permit
required. No person shall be accounted as a qualified
teacher within the meaning of the school law who is not the
holder of a valid teacher’s certificate or permit issued by
lawful authority of this state. [1969 ex.s. c 223 §
28A.67.010. Prior: 1909 c 97 p 306 § 1; RRS § 4844;
prior: 1907 c 240 § 6; 1897 c 118 § 51; 1891 c 127 § 14;
1890 p 369 § 37; 1886 p 18 § 47; 1873 p 430 § 15.
Formerly RCW 28A.405.010, 28A.67.010, 28.67.010.]
28A.410.032 Qualifications—Teachers of visually
impaired—Rules. Teachers of visually impaired students
shall be qualified according to rules adopted by the state
board of education. [1996 c 135 § 4.]
Reviser’s note: 1996 c 135 directed that this section be added to
chapter 28A.405 RCW. However, the code reviser has determined that it
is more appropriate to codify this section as part of chapter 28A.410 RCW.
Findings—1996 c 135: See note following RCW 28A.155.105.
28A.410.035 Qualifications—Coursework on issues
of abuse. To receive initial certification as a teacher in this
state after August 31, 1991, an applicant shall have successfully completed a course on issues of abuse. The content of
the course shall discuss the identification of physical,
emotional, sexual, and substance abuse, information on the
impact of abuse on the behavior and learning abilities of
students, discussion of the responsibilities of a teacher to
report abuse or provide assistance to students who are the
victims of abuse, and methods for teaching students about
abuse of all types and their prevention. [1990 c 90 § 1.
Formerly RCW 28A.405.025.]
28A.410.040 Initial-level certificates. The state board
of education shall adopt rules providing that, except as
provided in this section, all individuals qualifying for an
initial-level teaching certificate after August 31, 1992, shall
(2002 Ed.)
28A.410.010
possess a baccalaureate degree in the arts, sciences, and/or
humanities and have fulfilled the requirements for teacher
certification pursuant to RCW 28A.305.130 (1) and (2).
However, candidates for grades preschool through eight
certificates shall have fulfilled the requirements for a major
as part of their baccalaureate degree. If the major is in early
childhood education, elementary education, or special education, the candidate must have at least thirty quarter hours or
twenty semester hours in one academic field. [1992 c 141
§ 101; 1990 c 33 § 406. Prior: 1989 c 402 § 1; 1989 c 29
§ 1; 1987 c 525 § 212. Formerly RCW 28A.70.040.]
Findings—1992 c 141: "The legislature finds that the educational
needs of students when they leave the public school system has [have]
increased dramatically in the past two decades. If young people are to
prosper in our democracy and if our nation is to grow economically, it is
imperative that the overall level of learning achieved by students be
significantly increased.
To achieve this higher level of learning, the legislature finds that the
state of Washington needs to develop a performance-based school system.
Instead of maintaining burdensome state accountability laws and rules that
dictate educational offerings, the state needs to hold schools accountable for
their performance based on what their students learn.
The legislature further finds moving toward a performance-based
accountability system will require repealing state laws and rules that inhibit
the freedom of school boards and professional educators to carry out their
work, and also will require that significantly more decisions be made at the
school district and school building levels. In addition, it will be necessary
to set high expectations for students, to identify what is expected of all
students, and to develop a rigorous academic assessment system to
determine if these expectations have been achieved.
The legislature further finds that the governor’s council on education
reform and funding will, by December 1992, identify broad student learning
goals. Subject to decisions made by the 1993 legislature, the legislature
finds that it is critical that an organization be established to continue the
council’s work in identifying necessary student skills and knowledge, to
develop student assessment and school accountability systems, and to take
other steps necessary to develop a performance-based education system.
The legislature further finds that there is a need for high quality
professional development as the state implements a performance-based
system. Professional development must be available to schools and school
districts to maintain quality control and to assure access to proven research
on effective teaching." [1992 c 141 § 1.]
Part headings—1992 c 141: "Part headings as used in this act
constitute no part of the law." [1992 c 141 § 601.]
Severability—1992 c 141: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 141 § 602.]
Intent—1987 c 525 §§ 201-233: "The legislature intends to enhance
the education of the state’s youth by improving the quality of teaching. The
legislature intends to establish a framework for teacher and principal
preparation programs and to recognize teaching as a profession.
The legislature finds that the quality of teacher preparation programs
is enhanced when a planned, sequenced approach is used that provides for
the application of practice to academic course work.
The legislature supports better integration of the elements of teacher
preparation programs including knowledge of subject matter, teaching
methods, and actual teaching experiences.
The legislature finds that establishing: (1) A teaching internship
program; (2) a post-baccalaureate program resulting in a masters degree; (3)
stronger requirements for earning principal credentials; and (4) a review of
the preparation standards for school principals and educational staff
associates are appropriate next steps in enhancing the quality of educational
personnel in Washington." [1987 c 525 § 201.]
Short title—1987 c 525 §§ 202-233: "Sections 202 through 233 of
this act shall be known as the professional educator excellence act of 1987."
[1987 c 525 § 234.]
Severability—1987 c 525: See note following RCW 28A.300.050.
28A.410.050 Baccalaureate and masters degree
equivalency requirements for vocational instructors—
[Title 28A RCW—page 161]
28A.410.050
Title 28A RCW: Common School Provisions
Rules. The state board of education shall develop and adopt
rules establishing baccalaureate and masters degree equivalency standards for vocational instructors performing
instructional duties and acquiring certification after August
31, 1992. [1992 c 141 § 102; 1989 c 29 § 2; 1987 c 525 §
215. Formerly RCW 28A.70.042.]
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
Intent—Short title—1987 c 525 §§ 202-233: See notes following
RCW 28A.410.040.
Severability—1987 c 525: See note following RCW 28A.300.050.
28A.410.060 Fee for certification—Disposition. The
fee for any certificate, or any renewal thereof, issued by the
authority of the state of Washington, and authorizing the
holder to teach or perform other professional duties in the
public schools of the state shall be not less than one dollar
or such reasonable fee therefor as the state board of education by rule or regulation shall deem necessary therefor. The
fee must accompany the application and cannot be refunded
unless the application is withdrawn before it is finally
considered. The educational service district superintendent,
or other official authorized to receive such fee, shall within
thirty days transmit the same to the treasurer of the county
in which the office of the educational service district
superintendent is located, to be by him or her placed to the
credit of said school district or educational service district:
PROVIDED, That if any school district collecting fees for
the certification of professional staff does not hold a professional training institute separate from the educational service
district then all such moneys shall be placed to the credit of
the educational service district.
Such fees shall be used solely for the purpose of
precertification professional preparation, program evaluation,
and professional in-service training programs in accord with
rules and regulations of the state board of education herein
authorized. [1990 c 33 § 407; 1975-’76 2nd ex.s. c 92 § 3;
1975-’76 2nd ex.s. c 15 § 17. Prior: 1975 1st ex.s. c 275
§ 134; 1975 1st ex.s. c 192 § 1; 1969 ex.s. c 176 § 144;
1969 ex.s. c 223 § 28A.70.110; prior: 1965 c 139 § 20;
1909 c 97 p 336 § 3; RRS § 4968; prior: 1897 c 118 § 142.
Formerly RCW 28A.70.110, 28.70.110, 28.70.120.]
Severability—1975-’76 2nd ex.s. c 92: See note following RCW
28A.305.130.
Severability—1975 1st ex.s. c 192: "If any provision of this
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 192 § 3.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.410.070 Registration of certificates. All
certificates issued by the superintendent of public instruction
shall be valid and entitle the holder thereof to employment
in any school district of the state upon being registered by
the school district if designated to do so by the school
district, which fact shall be evidenced on the certificate in
the words, "Registered for use in . . . . . . district," together
with the date of registry, and an official signature of the
person registering the same: PROVIDED, That a copy of
the original certificate duly certified by the superintendent of
public instruction may be used for the purpose of registry
[Title 28A RCW—page 162]
and endorsement in lieu of the original. [1983 c 56 § 12;
1975-’76 2nd ex.s. c 92 § 4; 1975 1st ex.s. c 275 § 135;
1971 c 48 § 50; 1969 ex.s. c 223 § 28A.70.130. Prior:
1909 c 97 p 338 § 11; RRS § 4976; prior: 1897 c 118 §
147. Formerly RCW 28A.70.130, 28.70.130.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Severability—1975-’76 2nd ex.s. c 92: See note following RCW
28A.305.130.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.410.080 School year—For certification or
qualification purposes. The school year for all matters
pertaining to teacher certification or for computing experience in teaching shall consist of not fewer than one hundred
eighty school days. [1969 ex.s. c 223 § 28A.01.025. Prior:
1909 c 97 p 262 § 3, part; RRS § 4687, part; prior: 1903 c
104 § 22, part. Formerly RCW 28A.01.025, 28.01.010,
part.]
28A.410.090 Revocation or suspension of certificate
or permit to teach—Investigation by superintendent of
public instruction—Mandatory revocation for crimes
against children. (1) Any certificate or permit authorized
under the provisions of this chapter, chapter 28A.405 RCW,
or rules promulgated thereunder may be revoked or suspended by the authority authorized to grant the same based
upon a criminal records report authorized by law, or upon
the complaint of any school district superintendent, educational service district superintendent, or private school
administrator for immorality, violation of written contract,
unprofessional conduct, intemperance, or crime against the
law of the state.
If the superintendent of public instruction has reasonable
cause to believe that an alleged violation of this chapter or
rules adopted under it has occurred, but no complaint has
been filed pursuant to this chapter, and that a school district
superintendent, educational service district superintendent, or
private school administrator has sufficient notice of the
alleged violation and opportunity to file a complaint, the superintendent of public instruction may cause an investigation
to be made of the alleged violation, together with such other
matters that may be disclosed in the course of the investigation related to certificated personnel.
(2) Any such certificate or permit authorized under this
chapter or chapter 28A.405 RCW shall be revoked by the
authority authorized to grant the certificate upon a guilty
plea or the conviction of any felony crime involving the
physical neglect of a child under chapter 9A.42 RCW, the
physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (excepting motor vehicle violations under
chapter 46.61 RCW), sexual exploitation of a child under
chapter 9.68A RCW, sexual offenses under chapter 9A.44
RCW where a minor is the victim, promoting prostitution of
a minor under chapter 9A.88 RCW, the sale or purchase of
a minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction. The person whose certificate is
in question shall be given an opportunity to be heard.
Mandatory permanent revocation upon a guilty plea or the
conviction of felony crimes specified under this subsection
shall apply to such convictions or guilty pleas which occur
after July 23, 1989. Revocation of any certificate or permit
(2002 Ed.)
Certification
authorized under this chapter or chapter 28A.405 RCW for
a guilty plea or criminal conviction occurring prior to July
23, 1989, shall be subject to the provisions of subsection (1)
of this section. [1996 c 126 § 2; 1992 c 159 § 4; 1990 c 33
§ 408; 1989 c 320 § 1; 1975 1st ex.s. c 275 § 137; 1974
ex.s. c 55 § 2; 1971 c 48 § 51; 1969 ex.s. c 223 §
28A.70.160. Prior: 1909 c 97 p 345 § 1; RRS § 4992;
prior: 1897 c 118 § 148. Formerly RCW 28A.70.160,
28.70.160.]
Effective date—1996 c 126: See note following RCW 28A.400.305.
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1989 c 320: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 320 § 7.]
Severability—1971 c 48: See note following RCW 28A.305.040.
Crimes against children—Notification of conviction or guilty plea of school
employee: RCW 43.43.845.
28A.410.095 Violation or noncompliance—
Investigatory powers of superintendent of public instruction—Court orders—Contempt. (1) The superintendent of public instruction may initiate and conduct investigations as may be reasonably necessary to establish the
existence of any alleged violations of or noncompliance with
this chapter or any rules adopted under it. For the purpose
of any investigation or proceeding under this chapter, the
superintendent or any officer designated by the superintendent may administer oaths and affirmations, subpoena
witnesses and compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records that
the superintendent deems relevant and material to the
inquiry.
(2) If any person fails to obey a subpoena or obeys a
subpoena but refuses to give evidence, any court of competent jurisdiction, upon application by the superintendent, may
issue to that person an order requiring him or her to appear
before the court and to show cause why he or she should not
be compelled to obey the subpoena, and give evidence
material to the matter under investigation. The failure to
obey an order of the court may be punishable as contempt.
[1992 c 159 § 5.]
Findings—1992 c 159: See note following RCW 28A.400.303.
28A.410.100 Revocation of authority to teach—
Hearings and appeals. Any teacher whose certificate to
teach has been questioned under RCW 28A.410.090 shall
have a right to be heard by the issuing authority before his
or her certificate is revoked. Any teacher whose certificate
to teach has been revoked shall have a right of appeal to the
state board of education if notice of appeal is given by
written affidavit to the board within thirty days after the certificate is revoked.
An appeal to the state board of education within the
time specified shall operate as a stay of revocation proceedings until the next regular or special meeting of said board
and until the board’s decision has been rendered. [1992 c
159 § 6; 1990 c 33 § 409; 1975 1st ex.s. c 275 § 138; 1971
c 48 § 52; 1969 ex.s. c 223 § 28A.70.170. Prior: 1909 c 97
p 346 § 3; RRS § 4994. Formerly RCW 28A.70.170,
28.70.170.]
(2002 Ed.)
28A.410.090
Findings—1992 c 159: See note following RCW 28A.400.303.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.410.105 Certificate or permit suspension—
Nonpayment or default on educational loan or scholarship. The authorizing authority shall suspend the certificate
or permit of any person who has been certified by a lending
agency and reported to the authorizing authority for nonpayment or default on a federally or state-guaranteed educational
loan or service-conditional scholarship. Prior to the suspension, the agency must provide the person an opportunity for
a brief adjudicative proceeding under RCW 34.05.485
through 34.05.494 and issue a finding of nonpayment or
default on a federally or state-guaranteed educational loan or
service-conditional scholarship. The person’s certificate or
permit shall not be reissued until the person provides the authorizing authority a written release issued by the lending
agency stating that the person is making payments on the
loan in accordance with a repayment agreement approved by
the lending agency. If the person has continued to meet all
other requirements for certification or permit during the
suspension, reinstatement shall be automatic upon receipt of
the notice and payment of any reinstatement fee the authorizing authority may impose. [1996 c 293 § 27.]
Severability—1996 c 293: See note following RCW 18.04.420.
28A.410.106 Certificate or permit suspension—
Noncompliance with support order—Reissuance. Any
certificate or permit authorized under this chapter or chapter
28A.405 RCW shall be suspended by the authority authorized to grant the certificate or permit if the department of
social and health services certifies that the person is not in
compliance with a support order or a *residential or visitation order as provided in RCW 74.20A.320. If the person
continues to meet other requirements for reinstatement
during the suspension, reissuance of the certificate or permit
shall be automatic after the person provides the authority a
release issued by the department of social and health services
stating that the person is in compliance with the order.
[1997 c 58 § 842.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
28A.410.110 Limitation on reinstatement after
revocation—Reinstatement prohibited for crimes against
children. In case any certificate or permit authorized under
this chapter or chapter 28A.405 RCW is revoked, the holder
shall not be eligible to receive another certificate or permit
for a period of twelve months after the date of revocation.
However, if the certificate or permit authorized under this
chapter or chapter 28A.405 RCW was revoked because of a
guilty plea or the conviction of a felony crime involving the
physical neglect of a child under chapter 9A.42 RCW, the
[Title 28A RCW—page 163]
28A.410.110
Title 28A RCW: Common School Provisions
physical injury or death of a child under chapter 9A.32 or
9A.36 RCW (except motor vehicle violations under chapter
46.61 RCW), sexual exploitation of a child under chapter
9.68A RCW, sexual offenses under chapter 9A.44 RCW
where a minor is the victim, promoting prostitution of a
minor under chapter 9A.88 RCW, the sale or purchase of a
minor child under RCW 9A.64.030, or violation of similar
laws of another jurisdiction, the certificate or permit shall
not be reinstated. [1990 c 33 § 410; 1989 c 320 § 2; 1969
ex.s. c 223 § 28A.70.180. Prior: 1909 c 97 p 346 § 2; RRS
§ 4993. Formerly RCW 28A.70.180, 28.70.180.]
Severability—1989 c 320: See note following RCW 28A.410.090.
28A.410.120 Professional certification not to be
required of superintendents, deputy or assistant superintendents. Notwithstanding any other provision of this title,
the state board of education or superintendent of public
instruction shall not require any professional certification or
other qualifications of any person elected superintendent of
a local school district by that district’s board of directors, or
any person hired in any manner to fill a position designated
as, or which is, in fact, deputy superintendent, or assistant
superintendent. [1990 c 33 § 411; 1975 1st ex.s. c 254 § 3.
Formerly RCW 28A.02.260.]
Severability—1975 1st ex.s. c 254: "If any provision of this 1975
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 254 § 4.]
28A.410.200 Washington professional educator
standards board—Creation—Membership—Executive director. (1)(a) The Washington professional educator
standards board is created, consisting of nineteen members
to be appointed by the governor to four-year terms and the
superintendent of public instruction, who shall be an ex officio, nonvoting member.
(b) As the four-year terms of the first appointees expire
or vacancies to the board occur for the first time, the
governor shall appoint or reappoint the members of the
board to one-year to four-year staggered terms. Once the
one-year to three-year terms expire, all subsequent terms
shall be for four years, with the terms expiring on June 30th
of the applicable year. The terms shall be staggered in such
a way that, where possible, the terms of members representing a specific group do not expire simultaneously.
(c) No person may serve as a member of the board for
more than two consecutive full four-year terms.
(d) The governor shall annually appoint the chair of the
board from among the teachers and principals on the board.
No board member may serve as chair for more than two
consecutive years.
(2) Seven of the members shall be public school
teachers, one shall be a private school teacher, three shall
represent higher education educator preparation programs,
four shall be school administrators, two shall be educational
staff associates, one shall be a parent, and one shall be a
member of the public.
(3) Public school teachers appointed to the board must:
(a) Have at least three years of teaching experience in
a Washington public school;
(b) Be currently certificated and actively employed in a
teaching position; and
[Title 28A RCW—page 164]
(c) Include one teacher currently teaching at the elementary school level, one at the middle school level, one at the
high school level, and one vocationally certificated.
(4) Private school teachers appointed to the board must:
(a) Have at least three years of teaching experience in
a Washington approved private school; and
(b) Be currently certificated and actively employed in a
teaching position in an approved private school.
(5) Appointees from higher education educator preparation programs must include two representatives from
institutions of higher education as defined in RCW
28B.10.016 and one representative from an institution of
higher education as defined in RCW 28B.07.020(4).
(6) School administrators appointed to the board must:
(a) Have at least three years of administrative experience in a Washington public school district;
(b) Be currently certificated and actively employed in a
school administrator position; and
(c) Include two public school principals, one Washington approved private school principal, and one superintendent.
(7) Educational staff associates appointed to the board
must:
(a) Have at least three years of educational staff
associate experience in a Washington public school district;
and
(b) Be currently certificated and actively employed in an
educational staff associate position.
(8) Each major caucus of the house of representatives
and the senate shall submit a list of at least one public
school teacher. In making the public school teacher appointments, the governor shall select one nominee from each list
provided by each caucus. The governor shall appoint the
remaining members of the board from a list of qualified
nominees submitted to the governor by organizations
representative of the constituencies of the board, from
applications from other qualified individuals, or from both
nominees and applicants.
(9) All appointments to the board made by the governor
shall be subject to confirmation by the senate.
(10) The governor shall appoint the members of the
initial board no later than June 1, 2000.
(11) In appointing board members, the governor shall
consider the diversity of the population of the state.
(12) Each member of the board shall be compensated in
accordance with RCW 43.03.240 and shall be reimbursed for
travel expenses incurred in carrying out the duties of the
board in accordance with RCW 43.03.050 and 43.03.060.
(13) The governor may remove a member of the board
for neglect of duty, misconduct, malfeasance or misfeasance
in office, or for incompetency or unprofessional conduct as
defined in chapter 18.130 RCW. In such a case, the
governor shall file with the secretary of state a statement of
the causes for and the order of removal from office, and the
secretary of state shall send a certified copy of the statement
of causes and order of removal to the last known post office
address of the member.
(14) If a vacancy occurs on the board, the governor
shall appoint a replacement member from the nominees as
specified in subsection (8) of this section to fill the remainder of the unexpired term. When filling a vacancy of a
member nominated by a major caucus of the legislature, the
(2002 Ed.)
Certification
governor shall select the new member from a list of at least
one name submitted by the same caucus that provided the
list from which the retiring member was appointed.
(15) Members of the board shall hire an executive
director and an administrative assistant to reside in the office
of the superintendent of public instruction for administrative
purposes only. [2002 c 92 § 1; 2000 c 39 § 102.]
Findings—2000 c 39: "The legislature finds and declares:
(1) Creation of a public body whose focus is educator quality would
be likely to bring greater focus and attention to the profession;
(2) Professional educator standards boards are consumer protection
boards, establishing assessment policies to ensure the public that its new
practitioners have the knowledge to be competent;
(3) The highest possible standards for all educators are essential in
ensuring attainment of high academic standards by all students;
(4) Teacher assessment for certification can guard against admission
to the teaching profession of persons who have not demonstrated that they
are knowledgeable in the subjects they will be assigned to teach; and
(5) Teacher assessment for certification should be implemented as an
additional element to the system of teacher preparation and certification."
[2000 c 39 § 101.]
Part headings and section captions not law—2000 c 39: "Part
headings and section captions used in this act are not any part of the law."
[2000 c 39 § 301.]
28A.410.210 Washington professional educator
standards board—Powers and duties. The Washington
professional educator standards board shall:
(1) Serve as an advisory body to the superintendent of
public instruction and as the sole advisory body to the state
board of education on issues related to educator recruitment,
hiring, preparation, certification including high quality
alternative routes to certification, mentoring and support,
professional growth, retention, governance, prospective
teacher pedagogy assessment, prospective principal assessment, educator evaluation including but not limited to peer
evaluation, and revocation and suspension of licensure;
(2) Submit annual reports and recommendations,
beginning December 1, 2000, to the governor, the education
and fiscal committees of the legislature, the state board of
education, and the superintendent of public instruction
concerning duties and activities within the board’s advisory
capacity. The Washington professional educator standards
board shall submit a separate report by December 1, 2000,
to the governor, the education and fiscal committees of the
legislature, the state board of education, and the superintendent of public instruction providing recommendations for at
least two high quality alternative routes to teacher certification. In its deliberations, the board shall consider at least
one route that permits persons with substantial subject matter
expertise to achieve residency certification through an onthe-job training program provided by a school district; and
(3) Establish the prospective teacher assessment system
for basic skills and subject knowledge that shall be required
to obtain residency certification pursuant to RCW
28A.410.220 through 28A.410.240. [2000 c 39 § 103.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.220 Washington professional educator
standards board—Basic skills assessment—Assessment of
subject knowledge—Administration of section—Rulemaking authority. (1)(a) Beginning not later than September 1, 2001, the Washington professional educator standards
(2002 Ed.)
28A.410.200
board shall make available and pilot a means of assessing an
applicant’s knowledge in the basic skills. For the purposes
of this section, "basic skills" means the subjects of at least
reading, writing, and mathematics. Beginning September 1,
2002, except as provided in (c) of this subsection and
subsection (3) of this section, passing this assessment shall
be required for admission to approved teacher preparation
programs and for persons from out-of-state applying for a
Washington state residency teaching certificate.
(b) On an individual student basis, approved teacher
preparation programs may admit into their programs a
candidate who has not achieved the minimum basic skills
assessment score established by the Washington professional
educator standards board. Individuals so admitted may not
receive residency certification without passing the basic
skills assessment under this section.
(c) The Washington professional educator standards
board may establish criteria to ensure that persons from outof-state who are applying for residency certification and
persons applying to master’s degree level teacher preparation
programs can demonstrate to the board’s satisfaction that
they have the requisite basic skills based upon having
completed another basic skills assessment acceptable to the
Washington professional educator standards board or by
some other alternative approved by the Washington professional educator standards board.
(2) Beginning not later than September 1, 2002, the
Washington professional educator standards board shall
provide for the initial piloting and implementation of a
means of assessing an applicant’s knowledge in the subjects
for which the applicant has applied for an endorsement to his
or her residency or professional teaching certificate. The
assessment of subject knowledge shall not include instructional methodology. Beginning September 1, 2005,
passing this assessment shall be required to receive an
endorsement for certification purposes.
(3) The Washington professional educator standards
board may permit exceptions from the assessment requirements under subsections (1) and (2) of this section on a
case-by-case basis.
(4) The Washington professional educator standards
board shall provide for reasonable accommodations for
individuals who are required to take the assessments in
subsection (1) or (2) of this section if the individuals have
learning or other disabilities.
(5) With the exception of applicants exempt from the
requirements of subsections (1) and (2) of this section, an
applicant must achieve a minimum assessment score or
scores established by the Washington professional educator
standards board on each of the assessments under subsections (1) and (2) of this section.
(6) The Washington professional educator standards
board and superintendent of public instruction, as determined
by the Washington professional educator standards board,
may contract with one or more third parties for:
(a) The development, purchase, administration, scoring,
and reporting of scores of the assessments established by the
Washington professional educator standards board under
subsections (1) and (2) of this section;
(b) Related clerical and administrative activities; or
(c) Any combination of the purposes in this subsection.
[Title 28A RCW—page 165]
28A.410.220
Title 28A RCW: Common School Provisions
(7) Applicants for admission to a Washington teacher
preparation program and applicants for residency and
professional certificates who are required to successfully
complete one or more of the assessments under subsections
(1) and (2) of this section, and who are charged a fee for the
assessment by a third party contracted with under subsection
(6) of this section, shall pay the fee charged by the contractor directly to the contractor. Such fees shall be reasonably
related to the actual costs of the contractor in providing the
assessment.
(8) The superintendent of public instruction is responsible for supervision and providing support services to
administer this section.
(9) The Washington professional educator standards
board shall collaboratively select or develop and implement
the assessments and minimum assessment scores required
under this section with the superintendent of public instruction and shall provide opportunities for representatives of
other interested educational organizations to participate in the
selection or development and implementation of such
assessments in a manner deemed appropriate by the Washington professional educator standards board.
(10) The Washington professional educator standards
board shall adopt rules under chapter 34.05 RCW that are
reasonably necessary for the effective and efficient implementation of this section. [2002 c 92 § 2; 2000 c 39 § 201.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.230 Washington professional educator
standards board—Review of proposed assessments before
implementation. The Washington professional educator
standards board shall report the proposed assessments to the
legislative education committees for review and comment
prior to implementing the assessments by contractual
agreement with the selected vendor or vendors. [2000 c 39
§ 202.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
28A.410.240 Washington professional educator
standards board—Reports. (1) By December 1, 2003, and
annually thereafter, the Washington professional educator
standards board shall prepare a report that includes the
following information:
(a) The range of scores on the basic skills assessment
under RCW 28A.410.220(1) for persons who passed the
assessment and were admitted to a Washington preparation
program; and
(b) The range of scores on the subject assessments
under RCW 28A.410.220(2) for persons who passed the
assessments and earned an endorsement.
(2) The information under subsection (1) of this section
shall be reported for the individual public and private
colleges and universities in Washington, as well as reported
on an aggregate basis. The report shall also include results
disaggregated demographically. The report shall include information on the number and percentage of candidates
exempted from assessments, demographic information on
candidates exempted, institutions attended and endorsements
sought by exempted candidates, and reasons for exclusion
[Title 28A RCW—page 166]
from the required assessments. The report shall be made
available through the state library, on the website of the
office of superintendent of public instruction, and placed on
the legislative alert list. [2000 c 39 § 203.]
Findings—Part headings and section captions not law—2000 c 39:
See notes following RCW 28A.410.200.
Chapter 28A.415
INSTITUTES, WORKSHOPS, AND TRAINING
(Formerly: Teachers’ institutes, workshops, and
other in-service training)
Sections
28A.415.010
28A.415.020
28A.415.023
28A.415.025
28A.415.030
28A.415.040
28A.415.060
28A.415.100
28A.415.105
28A.415.125
28A.415.130
28A.415.135
28A.415.140
28A.415.145
28A.415.200
28A.415.205
28A.415.250
28A.415.260
28A.415.270
28A.415.280
28A.415.300
28A.415.310
28A.415.330
Center for improvement of teaching—Improvement of
teaching coordinating council—Teachers’ institutes
and workshops.
Credit on salary schedule for approved in-service
training, continuing education, and internship.
Credit on salary schedule for approved in-service
training, continuing education, or internship—
Course content—Rules.
Internship clock hours—Rules.
In-Service Training Act of 1977—Purpose.
In-Service Training Act of 1977—Administration of
funds—Rules—Requirements for local districts—
In-service training task force.
Credits for educational staff associates to fulfill continuing education requirements.
Student teaching centers—Legislative recognition—
Intent.
Definitions.
Network of student teaching centers.
Allocation of funds for student teaching centers.
Alternative means of teacher placement.
Field experiences.
Rules.
Minority teacher recruitment program—Intent.
Minority teacher recruitment program.
Teacher assistance program—Provision for mentor
teachers.
Pilot program using full-time mentor teachers.
Principal internship support program.
Superintendent and program administrator internship
support program.
Rules.
Paraprofessional training program.
Professional development institutes—Managing disruptive students.
28A.415.010 Center for improvement of teaching—
Improvement of teaching coordinating council—
Teachers’ institutes and workshops. It shall be the
responsibility of each educational service district board to
establish a center for the improvement of teaching. The center shall administer, coordinate, and act as fiscal agent for
such programs related to the recruitment and training of
certificated and classified K-12 education personnel as may
be delegated to the center by the superintendent of public
instruction under RCW 28A.310.470, or the state board of
education under RCW 28A.310.480. To assist in these
activities, each educational service district board shall
establish an improvement of teaching coordinating council to
include, at a minimum, representatives as specified in RCW
28A.415.040. An existing in-service training task force,
established pursuant to RCW 28A.415.040, may serve as the
improvement of teaching coordinating council. The educational service district board shall ensure coordination of pro(2002 Ed.)
Institutes, Workshops, and Training
grams established pursuant to RCW 28A.415.030,
28A.410.060, and 28A.415.250.
The educational service district board may arrange each
year for the holding of one or more teachers’ institutes
and/or workshops for professional staff preparation and inservice training in such manner and at such time as the
board believes will be of benefit to the teachers and other
professional staff of school districts within the educational
service district and shall comply with rules and regulations
of the state board of education pursuant to RCW
28A.410.060 or the superintendent of public instruction or
state board of education pursuant to RCW 28A.415.250.
The board may provide such additional means of teacher and
other professional staff preparation and in-service training as
it may deem necessary or appropriate and there shall be a
proper charge against the educational service district general
expense fund when approved by the educational service
district board.
Educational service district boards of contiguous
educational service districts, by mutual arrangements, may
hold joint institutes and/or workshops, the expenses to be
shared in proportion to the numbers of certificated personnel
as shown by the last annual reports of the educational
service districts holding such joint institutes or workshops.
In local school districts employing more than one
hundred teachers and other professional staff, the school
district superintendent may hold a teachers’ institute of one
or more days in such district, said institute when so held by
the school district superintendent to be in all respects
governed by the provisions of this title and state board of
education rules and regulations relating to teachers’ institutes
held by educational service district superintendents. [1991
c 285 § 1; 1990 c 33 § 414; 1975-’76 2nd ex.s. c 15 § 18.
Prior: 1975 1st ex.s. c 275 § 139; 1975 1st ex.s. c 192 § 2;
1971 ex.s. c 282 § 31; 1969 ex.s. c 176 § 146; 1969 ex.s. c
223 § 28A.71.100; prior: 1965 c 139 § 21. Formerly RCW
28A.71.100, 28.71.100.]
Severability—1975 1st ex.s. c 192: See note following RCW
28A.410.060.
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
Transitional bilingual instruction program—In-service training: RCW
28A.180.040(5).
28A.415.020 Credit on salary schedule for approved
in-service training, continuing education, and internship.
(1) Certificated personnel shall receive for each ten clock
hours of approved in-service training attended the equivalent
of a one credit college quarter course on the salary schedule
developed by the legislative evaluation and accountability
program committee.
(2) Certificated personnel shall receive for each ten
clock hours of approved continuing education earned, as
continuing education is defined by rule adopted by the state
board of education, the equivalent of a one credit college
quarter course on the salary schedule developed by the
legislative evaluation and accountability program committee.
(3) Certificated personnel shall receive for each forty
clock hours of participation in an approved internship with
a business, an industry, or government, as an internship is
(2002 Ed.)
28A.415.010
defined by rule of the state board of education in accordance
with RCW 28A.415.025, the equivalent of a one credit
college quarter course on the salary schedule developed by
the legislative evaluation and accountability program
committee.
(4) An approved in-service training program shall be a
program approved by a school district board of directors,
which meet standards adopted by the state board of education, and the development of said program has been
participated in by an in-service training task force whose
membership is the same as provided under RCW
28A.415.040, or a program offered by an education agency
approved to provide in-service for the purposes of continuing
education as provided for under rules adopted by the state
board of education, or both.
(5) Clock hours eligible for application to the salary
schedule developed by the legislative evaluation and accountability program committee as described in subsections (1)
and (2) of this section, shall be those hours acquired after
August 31, 1987. Clock hours eligible for application to the
salary schedule as described in subsection (3) of this section
shall be those hours acquired after December 31, 1995.
[1995 c 284 § 2; 1990 c 33 § 415; 1987 c 519 § 1. Formerly RCW 28A.71.110.]
Findings—1995 c 284: "The legislature finds that if students are to
succeed in an increasingly competitive economy, they will need to be taught
by teachers who are aware of the technological innovations and changes that
are occurring throughout business, industry, and government. Having
teachers who are more aware of these changes will lead to improvements
in curriculum and instruction, thereby making public schools more relevant
to the future career and personal needs of our students." [1995 c 284 § 1.]
28A.415.023 Credit on salary schedule for approved
in-service training, continuing education, or internship—
Course content—Rules. (1) Credits earned by certificated
instructional staff after September 1, 1995, shall be eligible
for application to the salary schedule developed by the
legislative evaluation and accountability program committee
only if the course content:
(a) Is consistent with a school-based plan for mastery of
student learning goals as referenced in *RCW 28A.320.205,
the annual school performance report, for the school in
which the individual is assigned;
(b) Pertains to the individual’s current assignment or
expected assignment for the subsequent school year;
(c) Is necessary to obtain an endorsement as prescribed
by the state board of education;
(d) Is specifically required to obtain advanced levels of
certification; or
(e) Is included in a college or university degree program
that pertains to the individual’s current assignment, or
potential future assignment, as a certified instructional staff.
(2) For the purpose of this section, "credits" mean
college quarter hour credits and equivalent credits for
approved in-service, approved continuing education, or
approved internship hours computed in accordance with
RCW 28A.415.020.
(3) The superintendent of public instruction shall adopt
rules and standards consistent with the limits established by
this section for certificated instructional staff. [1997 c 90 §
1.]
*Reviser’s note: RCW 28A.320.205 was recodified as RCW
28A.655.110 pursuant to 1999 c 388 § 607.
[Title 28A RCW—page 167]
28A.415.025
Title 28A RCW: Common School Provisions
28A.415.025 Internship clock hours—Rules. The
state board of education shall establish rules for awarding
clock hours for participation of certificated personnel in
internships with business, industry, or government. To
receive clock hours for an internship, the individual must
demonstrate that the internship will provide beneficial skills
and knowledge in an area directly related to his or her
current assignment, or to his or her assignment for the
following school year. An individual may not receive more
than the equivalent of two college quarter credits for
internships during a calendar-year period. The total number
of credits for internships that an individual may earn to
advance on the salary schedule developed by the legislative
evaluation and accountability program committee or its
successor agency is limited to the equivalent of fifteen
college quarter credits. [1995 c 284 § 3.]
Findings—1995 c 284: See note following RCW 28A.415.020.
28A.415.030 In-Service Training Act of 1977—
Purpose. In order to provide for the improvement of the
instructional process in the public schools and maintain and
improve the skills of public school certificated and classified
personnel, there is hereby adopted an act to be known as the
"In-Service Training Act of 1977". [1977 ex.s. c 189 § 1.
Formerly RCW 28A.71.200.]
Severability—1977 ex.s. c 189: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1977 ex.s. c 189 § 4.]
28A.415.040 In-Service Training Act of 1977—
Administration of funds—Rules—Requirements for local
districts—In-service training task force. The superintendent of public instruction is hereby empowered to administer
funds now or hereafter appropriated for the conduct of inservice training programs for public school certificated and
classified personnel and to supervise the conduct of such
programs. The superintendent of public instruction shall
adopt rules in accordance with chapter 34.05 RCW that
provide for the allocation of such funds to public school
district or educational service district applicants on such
conditions and for such training programs as he or she
deems to be in the best interest of the public school system:
PROVIDED, That each district requesting such funds shall
have:
(1) Conducted a district needs assessment, including
plans developed at the building level, to be reviewed and
updated at least every two years, of certificated and classified personnel to determine identified strengths and weakness
of personnel that would be strengthened by such in-service
training program;
(2) Demonstrate that the plans are consistent with the
goals of basic education;
(3) Established an in-service training task force and
demonstrated to the superintendent of public instruction that
the task force has participated in identifying in-service
training needs and goals; and
(4) Demonstrated to the superintendent of public
instruction its intention to implement the recommendations
of the needs assessment and thereafter the progress it has
made in providing in-service training as identified in the
needs assessment.
[Title 28A RCW—page 168]
The task force required by this section shall be composed of representatives from the ranks of administrators,
building principals, teachers, classified and support personnel
employed by the applicant school district or educational
service district, from the public, and from an institution(s) of
higher education, in such numbers as shall be established by
the school district board of directors or educational service
district board of directors. [1987 c 525 § 301; 1985 c 214
§ 1; 1979 c 149 § 10; 1977 ex.s. c 189 § 2. Formerly RCW
28A.71.210.]
Severability—1987 c 525: See note following RCW 28A.630.100.
Severability—1979 c 149: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 149 § 11.]
Severability—1977 ex.s. c 189: See note following RCW
28A.300.050.
28A.415.060 Credits for educational staff associates
to fulfill continuing education requirements. The state
board of education rules for continuing education shall
provide that educational staff associates may use credits or
clock hours that satisfy the continuing education requirements for their state professional licensure, if any, to fulfill
the continuing education requirements established by the
state board of education. [1991 c 155 § 1.]
28A.415.100 Student teaching centers—Legislative
recognition—Intent. (1) The legislature recognizes that:
(a) Strong teacher preparation programs are vital to the
success of the state’s entire education system;
(b) Clinical field experiences, particularly student
teaching, are critical to the developmental preparation of
teacher candidates and to the success of teacher preparation
programs;
(c) Schools, school districts, educational service districts,
and institutions of higher education benefit mutually from
cooperative relationships that provide teacher candidates with
appropriate, necessary, and successful student teaching
experiences that establish continuity between the theory and
practice of teaching;
(d) Positive student teaching experiences result from the
careful match between cooperating teachers and student
teachers;
(e) Teacher candidates should have student teaching
opportunities and other field experiences that are reflective
of the diversity existing among schools and school districts
statewide; and
(f) School districts statewide should have access to
student teachers.
(2) Therefore, in support of quality, professional,
research-based training of prospective teachers, it is the
intent of the legislature to continue its support of evolving
partnerships among schools, school districts, educational
service districts, community colleges, and colleges and
universities, that are:
(a) Benefiting the teaching profession;
(b) Enhancing the ability of all new teachers to assume
initial teaching responsibilities with greater confidence and
a higher level of training;
(c) Providing important and positive mentoring opportunities for experienced teachers; and
(2002 Ed.)
Institutes, Workshops, and Training
28A.415.100
(d) Strengthening cooperation and communication
between the precollegiate and collegiate sectors of the state
education system. [1991 c 258 § 1.]
(4) Expand access to each other and opportunities for
collaboration in teacher education between colleges and
universities and school districts. [1991 c 258 § 6.]
28A.415.105 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout RCW 28A.415.125 through 28A.415.140.
(1) "Cooperating organizations" means that at least one
school district, one college or university, and one educational
service district are involved jointly with the development of
a student teaching center.
(2) "Cooperating teacher" means a teacher who holds a
continuing certificate and supervises and coaches a student
teacher.
(3) "Field experience" means opportunities for observation, tutoring, microteaching, extended practicums, and
clinical and laboratory experiences which do not fall within
the meaning of student teaching.
(4) "School setting" means a classroom in a public,
common school in the state of Washington.
(5) "Student teacher" means a candidate for initial
teacher certification who is in a state board of educationapproved, or regionally or nationally accredited teacher
preparation program in a school setting as part of the fieldbased component of their preparation program.
(6) "Student teaching" means the full quarter or semester in a school setting during which the student teacher
observes the cooperating teacher, participates in instructional
activities, and assumes both part-time and full-time teaching
responsibilities under the supervision of the cooperating
teacher.
(7) "Student teaching center" means the program
established to provide student teachers in a geographic
region of the state with special support and training as part
of their teacher preparation program.
(8) "Supervisor or university supervisor" means the
regular or adjunct faculty member, or college or universityapproved designee, who assists and supervises the work of
cooperating teachers and student teachers. [1995 c 335 §
403; 1991 c 258 § 2.]
28A.415.130 Allocation of funds for student teaching centers. Funds for the student teaching centers shall be
allocated by the superintendent of public instruction among
the educational service district regions on the basis of
student teaching placements. The fiscal agent for each
center shall be either an educational service district or a state
institution of higher education. Prospective fiscal agents
shall document to the state board of education the following
information:
(1) The existing or proposed center was developed
jointly through a process including participation by at least
one school district, one college or university, and one
educational service district;
(2) Primary administration for each center shall be the
responsibility of one or more of the cooperating organizations;
(3) Assurance that the training center program provides
appropriate and necessary training in observation, supervision, and assistance skills and techniques for:
(a) Cooperating teachers;
(b) Other school building personnel; and
(c) School district employees. [1991 c 258 § 7.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.415.125 Network of student teaching centers.
The state board of education, from appropriated funds, shall
establish a network of student teaching centers to support the
continuing development of the field-based component of
teacher preparation programs. The purpose of the training
centers is to:
(1) Expand opportunities for student teacher placements
in school districts statewide, with an emphasis on those
populations and locations that are unserved or underserved;
(2) Provide cooperating teachers for all student teachers
during their student internship for up to two academic
quarters;
(3) Enhance the student teaching component of teacher
preparation programs, including a placement of student
teachers in special education and multi-ethnic school
settings; and
(2002 Ed.)
28A.415.135 Alternative means of teacher placement. The student teaching centers shall be an alternative
means of placing teachers into school districts throughout the
state. Nothing in RCW 28A.415.100 through 28A.415.140
or 28A.415.250 precludes a higher education institution that
is not a participant in a training center from placing student
teachers into a district that may be participating formally
with other institutions in a student teaching center program,
or placing student teachers into districts pursuant to an
agreement between the institution and district. [1991 c 258
§ 8.]
28A.415.140 Field experiences. Field experiences
may be provided through a student teaching center. The cost
of providing such experiences and opportunities shall be the
sole responsibility of the participants cooperating in the
operation of the center. [1991 c 258 § 9.]
28A.415.145 Rules. The state board of education and
the superintendent of public instruction shall adopt rules as
necessary under chapter 34.05 RCW to carry out the
purposes of RCW 28A.415.100 through 28A.415.140. [1991
c 258 § 10.]
28A.415.200 Minority teacher recruitment program—Intent. The legislature finds that it is important to
have a teaching force that reflects the rich diversity of the
students served in the public schools. The legislature further
finds that certain groups, as characterized by ethnic background, are traditionally underrepresented in the teaching
profession in the state of Washington and that the ethnic
diversity of the student population in the state of Washington
is increasing. The legislature intends to increase the number
of people from underrepresented groups entering our
[Title 28A RCW—page 169]
28A.415.200
Title 28A RCW: Common School Provisions
teaching force. [1989 c 146 § 1. Formerly RCW
28A.305.260, 28A.67.250.]
28A.415.205 Minority teacher recruitment program.
(1) The Washington state minority teacher recruitment
program is established. The program shall be administered
by the state board of education. The state board of education shall consult with the higher education coordinating
board, representatives of institutions of higher education,
education organizations having an interest in teacher recruitment issues, the superintendent of public instruction, the
state board for community and technical colleges, the
department of employment security, and the work force
training and education coordinating board. The program
shall be designed to recruit future teachers from students in
the targeted groups who are in the ninth through twelfth
grades and from adults in the targeted groups who have entered other occupations.
(2) The program shall include the following:
(a) Encouraging students in targeted groups in grades
nine through twelve to acquire the academic and related
skills necessary to prepare for the study of teaching at an
institution of higher education;
(b) Promoting teaching career opportunities to develop
an awareness of opportunities in the education profession;
(c) Providing opportunities for students to experience
the application of regular high school course work to
activities related to a teaching career; and
(d) Providing for increased cooperation among institutions of higher education including community colleges, the
superintendent of public instruction, the state board of
education, and local school districts in working toward the
goals of the program. [1991 c 238 § 75; 1989 c 146 § 2.
Formerly RCW 28A.305.270, 28A.67.260.]
Effective dates—Severability—1991 c 238: See RCW 28B.50.917
and 28B.50.918.
28A.415.250 Teacher assistance program—
Provision for mentor teachers. The superintendent of
public instruction shall adopt rules to establish and operate
a teacher assistance program. For the purposes of this
section, the terms "mentor teachers," "beginning teachers,"
and "experienced teachers" may include any person possessing any one of the various certificates issued by the
superintendent of public instruction under RCW
28A.410.010. The program shall provide for:
(1) Assistance by mentor teachers who will provide a
source of continuing and sustained support to beginning
teachers, or experienced teachers who are having difficulties,
or both, both in and outside the classroom. A mentor
teacher may not be involved in evaluations under RCW
28A.405.100 of a teacher who receives assistance from said
mentor teacher under the teacher assistance program established under this section. The mentor teachers shall also
periodically inform their principals respecting the contents of
training sessions and other program activities;
(2) Stipends for mentor teachers and beginning and
experienced teachers which shall not be deemed compensation for the purposes of salary lid compliance under RCW
28A.400.200: PROVIDED, That stipends shall not be
subject to the continuing contract provisions of this title;
[Title 28A RCW—page 170]
(3) Workshops for the training of mentor and beginning
teachers;
(4) The use of substitutes to give mentor teachers,
beginning teachers, and experienced teachers opportunities to
jointly observe and evaluate teaching situations and to give
mentor teachers opportunities to observe and assist beginning
and experienced teachers in the classroom;
(5) Mentor teachers who are superior teachers based on
their evaluations, pursuant to RCW *28A.405.010 through
28A.405.240, and who hold valid continuing certificates;
(6) Mentor teachers shall be selected by the district and
may serve as mentors up to and including full time. If a
bargaining unit, certified pursuant to RCW 41.59.090 exists
within the district, classroom teachers representing the
bargaining unit shall participate in the mentor teacher
selection process; and
(7) Periodic consultation by the superintendent of public
instruction or the superintendent’s designee with representatives of educational organizations and associations, including
educational service districts and public and private institutions of higher education, for the purposes of improving
communication and cooperation and program review. [1993
c 336 § 401; 1991 c 116 § 19; 1990 c 33 § 403; 1987 c 507
§ 1; 1985 c 399 § 1. Formerly RCW 28A.405.450,
28A.67.240.]
*Reviser’s note: RCW 28A.405.010 was recodified as RCW
28A.410.025 pursuant to 1995 c 335 § 305.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
Effective date—1987 c 507: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 15,
1987." [1987 c 507 § 4.]
28A.415.260 Pilot program using full-time mentor
teachers. (1) To the extent specific funds are appropriated
for the pilot program in this section, the superintendent of
public instruction shall establish a pilot program to support
the pairing of full-time mentor teachers with experienced
teachers who are having difficulties and full-time mentor
teachers with beginning teachers under RCW 28A.415.250.
(2) The superintendent of public instruction shall appoint
an oversight committee, which shall include teachers and
administrators from the pilot districts, that shall be involved
in the evaluation of the pilot program under this section.
(3) The superintendent of public instruction shall adopt
rules as necessary under chapter 34.05 RCW to implement
the pilot program established under subsection (1) of this
section. [1998 c 245 § 12; 1993 c 336 § 402.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.270 Principal internship support program.
(1) To the extent funds are appropriated, the Washington
state principal internship support program is created beginning in the 1994-95 school year. The purpose of the
program is to provide funds to school districts to provide
partial release time for district employees who are in a
principal preparation program to complete an internship with
a mentor principal. Funds may be used in a variety of ways
(2002 Ed.)
Institutes, Workshops, and Training
to accommodate flexible implementation in releasing the
intern to meet program requirements.
(2) Participants in the principal internship support
program shall be selected as follows:
(a) The candidate shall be enrolled in a state
board-approved school principal preparation program;
(b) The candidate shall apply in writing to his or her
local school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the principal internship
support program and shall notify its educational service
district of the school district’s selected applicants. When
submitting the names of applicants, the school district shall
identify a mentor principal for each principal intern applicant, and shall agree to provide the internship applicant
release time not to exceed the equivalent of forty-five
student days by means of this funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of
providing a substitute teacher for the equivalent of forty-five
school days.
(4) Funds appropriated for the principal internship
support program shall be allocated by the superintendent of
public instruction to the educational service districts based
on the percentage of full-time equivalent public school
students enrolled in school districts in each educational service district. If it is not possible to find qualified candidates
within the educational service district, the positions remain
unfilled, and any unspent funds shall revert to the superintendent of public instruction for supplementary direct disbursement.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(5) Once principal internship participants have been
selected, the educational service districts shall allocate the
funds to the appropriate school districts. The funds shall be
used to pay for partial release time while the school district
employee is completing the principal internship.
(6) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of
public instruction. [1996 c 233 § 1; 1993 c 336 § 404.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.280 Superintendent and program administrator internship support program. (1) To the extent
funds are appropriated, the Washington state superintendent
and program administrator internship support program is
created beginning in the 1994-95 school year. The purpose
of the program is to provide funds to school districts to
provide partial release time for district employees who are in
a superintendent or program administrator preparation
(2002 Ed.)
28A.415.270
program to complete an internship with a mentor administrator. Funds may be used in a variety of ways to accommodate flexible implementation in releasing the intern to meet
program requirements.
(2) Participants in the superintendent and program
administrator internship support program shall be selected as
follows:
(a) The candidate shall be enrolled in a state boardapproved school district superintendent or program administrator preparation program;
(b) The candidate shall apply in writing to his or her
local school district;
(c) Each school district shall determine which applicants
meet its criteria for participation in the internship support
program and shall notify its educational service district of
the school district’s selected applicants. When submitting
the names of applicants, the school district shall identify a
mentor administrator for each intern applicant and shall
agree to provide the internship applicant release time not to
exceed the equivalent of forty-five student days by means of
this funding source; and
(d) Educational service districts, with the assistance of
an advisory board, shall select internship participants.
(3)(a) The maximum amount of state funding for each
internship shall not exceed the actual daily rate cost of
providing a substitute teacher for the equivalent of forty-five
school days.
(b) Funds appropriated for the internship support
program shall be allocated by the superintendent of public
instruction to the educational service districts based on the
percentage of full-time equivalent public school students enrolled in school districts in each educational service district.
(c) Once internship participants have been selected, the
educational service districts shall allocate the funds to the
appropriate school districts. The funds shall be used to pay
for partial release time while the school district employee is
completing the internship.
(d) If an educational service district has unfilled
superintendent or program administrator internship positions,
the positions and unspent funds shall revert to the superintendent of public instruction for supplementary direct
disbursement among the educational service districts.
The superintendent of public instruction shall allocate
any remaining unfilled positions and unspent funds among
the educational service districts that have qualified candidates but not enough positions for them.
This subsection does not preclude the superintendent of
public instruction from permitting the affected educational
service districts to make the supplementary selections.
(e) Educational service districts may be reimbursed for
costs associated with implementing the program. Reimbursement rates shall be determined by the superintendent of
public instruction. [1996 c 233 § 2; 1993 c 336 § 405.]
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.300 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to administer the principal and superintendent and
[Title 28A RCW—page 171]
28A.415.300
Title 28A RCW: Common School Provisions
program administrator internship support programs. [1993
c 336 § 407.]
Reviser’s note: 1993 c 336 directed that this section be added to
chapter 28A.300 RCW. This section has been codified in chapter 28A.415
RCW, which relates more directly to educators’ training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.310 Paraprofessional training program.
(1) The paraprofessional training program is created. The
primary purpose of the program is to provide training for
classroom assistants to assist them in helping students
achieve the student learning goals under RCW 28A.150.210.
Another purpose of the program is to provide training to
certificated personnel who work with classroom assistants.
(2) The superintendent of public instruction may allocate
funds, to the extent funds are appropriated for this program,
to educational service districts, school districts, and other
organizations for providing the training in subsection (1) of
this section. [1993 c 336 § 408.]
Reviser’s note: 1993 c 336 directed that this section be added to
chapter 28A.300 RCW. This section has been codified in chapter 28A.415
RCW, which relates more directly to educators’ training.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.415.330 Professional development institutes—
Managing disruptive students. (1) To the extent funds are
appropriated, the superintendent of public instruction shall
conduct professional development institutes to provide
opportunities for teachers, principals, and other school staff
to learn effective research-based strategies for handling
disruptive students. The institutes shall be conducted during
the summer of 2000. The training institutes shall emphasize
methods for handling disruptions in regular classrooms and
how to design and implement alternative learning settings
and programs that have been proven to be effective in
providing for the educational needs of students who exhibit
frequent and prolonged disruptive behavior when placed in
a regular classroom setting.
(2) The superintendent may enter into contracts with
public or private entities that provide training in effective
research-based methods for dealing with disruptive students.
In developing the institutes, the superintendent shall work
with school staff who have had experience working effectively with disruptive students. The institutes shall be open
to teams of teachers, principals, and other school staff from
each school district choosing to participate. However, as a
condition of participating in the institutes, school district
teams shall be required to develop during or immediately
following the institute a district plan for carrying out the
purposes of this section. Elementary schools and junior high
and middle schools in districts that send teams to participate
in institutes conducted under this section are encouraged to
formulate school building-level plans for addressing the
educational needs of disruptive students and the needs of
students and teachers in the regular classrooms for an orderly
and disciplined environment that is optimally conducive to
learning. Individual participants in the institutes shall agree
to provide assistance as needed to other school staff in their
[Title 28A RCW—page 172]
school building or school district, consistent with their other
normal duties.
(3) Beginning with the 1999-2000 school year, elementary and junior high schools are encouraged to provide staff
from both the regular education and special education
programs opportunities to work together to share successful
practices for managing disruptive students. [1999 c 166 §
2.]
Findings—1999 c 166: "The legislature finds that disruptive students
can significantly impede effective teaching and learning in the classroom.
Training in effective strategies for handling disruptive students will help
principals, teachers, and other staff gain additional skills to provide a
classroom environment that is conducive to teaching and learning. Schools
and school districts should be encouraged to provide staff with the training
necessary to respond to disruptions effectively." [1999 c 166 § 1.]
Chapter 28A.500
LOCAL EFFORT ASSISTANCE
Sections
28A.500.010
28A.500.020
28A.500.030
28A.500.040
28A.500.900
Local effort assistance funds—Purpose—Not basic
education allocation.
Definitions.
Allocation of state matching funds—Determination.
Distribution of funds.
Effective date—1999 c 317.
28A.500.010 Local effort assistance funds—
Purpose—Not basic education allocation. Commencing
with calendar year 2000, in addition to a school district’s
other general fund allocations, each eligible district shall be
provided local effort assistance funds. The purpose of these
funds is to mitigate the effect that above average property
tax rates might have on the ability of a school district to
raise local revenues to supplement the state’s basic program
of education. These funds serve to equalize the property tax
rates that individual taxpayers would pay for such levies and
to provide tax relief to taxpayers in high tax rate school
districts. Such funds are not part of the district’s basic
education allocation. [1999 c 317 § 1; 1997 c 259 § 4; 1993
c 410 § 1; (1993 c 465 § 2 expired December 31, 1995);
1992 c 49 § 2; 1987 1st ex.s. c 2 § 102. Formerly RCW
28A.41.155.]
Funding not related to basic education—1997 c 259: See note
following RCW 84.52.0531.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.500.020 Definitions. (1) Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(a) "Prior tax collection year" means the year immediately preceding the year in which the local effort assistance
shall be allocated.
(b) "Statewide average twelve percent levy rate" means
twelve percent of the total levy bases as defined in RCW
84.52.0531(3) summed for all school districts, and divided
by the total assessed valuation for excess levy purposes in
the prior tax collection year for all districts as adjusted to
one hundred percent by the county indicated ratio established
in RCW 84.48.075.
(c) The "district’s twelve percent levy amount" means
the school district’s maximum levy authority after transfers
(2002 Ed.)
Local Effort Assistance
determined under RCW 84.52.0531(2) (a) through (c)
divided by the district’s maximum levy percentage determined under RCW 84.52.0531(4) multiplied by twelve
percent.
(d) The "district’s twelve percent levy rate" means the
district’s twelve percent levy amount divided by the district’s
assessed valuation for excess levy purposes for the prior tax
collection year as adjusted to one hundred percent by the
county indicated ratio.
(e) "Districts eligible for local effort assistance" means
those districts with a twelve percent levy rate that exceeds
the statewide average twelve percent levy rate.
(2) Unless otherwise stated all rates, percents, and
amounts are for the calendar year for which local effort
assistance is being calculated under this chapter. [1999 c
317 § 2.]
28A.500.030 Allocation of state matching funds—
Determination. Allocation of state matching funds to
eligible districts for local effort assistance shall be determined as follows:
(1) Funds raised by the district through maintenance and
operation levies shall be matched with state funds using the
following ratio of state funds to levy funds:
(a) The difference between the district’s twelve percent
levy rate and the statewide average twelve percent levy rate;
to
(b) The statewide average twelve percent levy rate.
(2) The maximum amount of state matching funds for
districts eligible for local effort assistance shall be the
district’s twelve percent levy amount, multiplied by the
following percentage:
(a) The difference between the district’s twelve percent
levy rate and the statewide average twelve percent levy rate;
divided by
(b) The district’s twelve percent levy rate.
(3) Calendar year 2003 allocations and maximum
eligibility under this chapter shall be multiplied by 0.99.
[2002 c 317 § 4; 1999 c 317 § 3.]
Effective date—2002 c 317: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 317 § 6.]
28A.500.040 Distribution of funds. Local effort
assistance funds shall be distributed to qualifying districts as
follows:
(1) Thirty percent in April;
(2) Twenty-three percent in May;
(3) Two percent in June;
(4) Seventeen percent in August;
(5) Nine percent in October;
(6) Seventeen percent in November; and
(7) Two percent in December. [1999 c 317 § 4.]
28A.500.900 Effective date—1999 c 317. This act
takes effect January 1, 2000. [1999 c 317 § 5.]
(2002 Ed.)
28A.500.020
Chapter 28A.505
SCHOOL DISTRICTS’ BUDGETS
Sections
28A.505.010
28A.505.020
28A.505.030
28A.505.040
28A.505.050
28A.505.060
28A.505.070
28A.505.080
28A.505.090
28A.505.100
28A.505.110
28A.505.120
28A.505.130
28A.505.140
28A.505.150
28A.505.160
28A.505.170
28A.505.180
28A.505.200
28A.505.210
Definitions.
Districts must utilize methods of revenue and expenditure recognition.
District fiscal year.
Budget—Notice of completion—Copies—Review by
educational service districts.
Budget—Notice of meeting to adopt.
Budget—Hearing and adoption of—Copies filed with
ESD’s.
Budget review committee—Members—Review of
budget, limitations.
Budget—Disposition of copies.
Budget—Format, classifications, mandatory.
Budget—Contents—Display of salaries.
Budget—Including receivables collectible in future
years—Limitations.
Withholding state funds upon district noncompliance—
Notice of.
Budget—Requirements for balancing estimated expenditures.
Rules and regulations for budgetary procedures—
Review when superintendent determines budget
irregularity—Revised budget, state board’s financial plan until adoption.
Budgeted expenditures as appropriations—Interim
expenditures—Transfer between budget classes—
Liability for nonbudgeted expenditures.
Appropriations lapse at end of fiscal year—Exception.
First class school districts—Emergency or additional
appropriation resolutions—Procedure.
Second class school districts—Additional appropriation
resolutions—Procedure.
Repayment of federal moneys—Federal disallowance
determination.
Student achievement funds—Use and accounting of
funds—Public hearing—Report.
28A.505.010 Definitions. The following terms when
used in this chapter shall have the following meanings,
unless where used the context thereof shall clearly indicate
to the contrary:
(1) "Revenue" means an addition to assets of a fund of
a school district during a fiscal period that is available to
finance the fund’s expenditures during the fiscal period.
Revenue does not accompany the increase of liabilities or
represent refunds of previous disbursements. Revenue may
be in the form of cash or in the form of noncash assets such
as donated commodities. Revenue for accrual basis expenditure funds is limited to amounts received in cash or noncash
donations plus or minus adjustments for revenue accruals.
(2) "Accrual basis expenditures" mean expenditures
incurred during a given fiscal period, whether paid or
unpaid.
(3) "Cash basis expenditures" mean actual disbursements
during a given fiscal period except for debt service, regardless of when liabilities are incurred, or the period of
incurrence of expenditures.
(4) "Cash basis revenue" means actual receipt of
revenue not adjusted for revenue accruals.
(5) "Revenue accruals" means those revenues anticipated
to be received in cash after the close of the fiscal period that
represent reimbursement for expenditures incurred by the end
of the fiscal period.
[Title 28A RCW—page 173]
28A.505.010
Title 28A RCW: Common School Provisions
(6) "Appropriation" means the maximum authorization
during a given fiscal period to incur expenditures.
(7) "Disbursements" mean payments in cash, including
but not limited to issuance of warrants. [1983 c 59 § 1;
1975-’76 2nd ex.s. c 118 § 1. Formerly RCW 28A.65.400.]
Application—Effective date—1983 c 59: "This act shall apply to
school district budgets, financial statements, and bookkeeping and accounting procedures, practices, and principles beginning with fiscal year 1983-’84
starting September 1, 1983. This act shall take effect September 1, 1983."
[1983 c 59 § 19.]
Severability—1983 c 59: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 59 § 20.]
Severability—1975-’76 2nd ex.s. c 118: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 118
§ 37.]
28A.505.020 Districts must utilize methods of
revenue and expenditure recognition. All school districts
must utilize the following methods of revenue and expenditure recognition in budgeting, accounting and financial reporting:
(1) Recognize revenue as defined in RCW
28A.505.010(1) for all funds: PROVIDED, That school districts that elect the cash basis of expenditure recognition
under subsection (2) of this section shall recognize revenue
on the cash basis.
(2) Recognition of expenditures for all funds shall be on
the accrual basis: PROVIDED, That school districts with
under one thousand full time equivalent students for the
preceding fiscal year may make a uniform election for all
funds, except debt service funds, to be on the cash basis of
expenditure recognition. Notification of such election shall
be given to the state superintendent of public instruction in
the budget of the school district and shall remain in effect
for one full fiscal year. [1990 c 33 § 416; 1983 c 59 § 2;
1980 c 18 § 1; 1975-’76 2nd ex.s. c 118 § 2. Formerly
RCW 28A.65.405.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.030 District fiscal year. Beginning September 1, 1977 the fiscal year for all school districts shall be
September 1 through August 31. [1975-’76 2nd ex.s. c 118
§ 3. Formerly RCW 28A.65.410.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.040 Budget—Notice of completion—
Copies—Review by educational service districts. On or
before the tenth day of July in each year, all school districts
shall prepare their budget for the ensuing fiscal year. The
budget shall set forth the complete financial plan of the
district for the ensuing fiscal year.
Upon completion of their budgets, every school district
shall publish a notice stating that the district has completed
the budget, placed it on file in the school district administration office, and that a copy thereof will be furnished to any
[Title 28A RCW—page 174]
person who calls upon the district for it. The district shall
provide a sufficient number of copies of the budget to meet
the reasonable demands of the public. School districts shall
submit one copy of their budget to their educational service
districts for review and comment by July 10th. The superintendent of public instruction may delay the date in this
section if the state’s operating budget is not finally approved
by the legislature until after June 1st. [1995 c 121 § 1;
1975-’76 2nd ex.s. c 118 § 4. Formerly RCW 28A.65.415.]
Effective date—1995 c 121: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 20, 1995]." [1995 c 121 § 3.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.050 Budget—Notice of meeting to adopt.
Upon completion of their budgets as provided in RCW
28A.505.040, every school district shall publish a notice
stating that the board of directors will meet for the purpose
of fixing and adopting the budget of the district for the
ensuing fiscal year. Such notice shall designate the date,
time, and place of said meeting which shall occur no later
than the thirty-first day of August for first class school
districts, and the first day of August for second class school
districts. The notice shall also state that any person may
appear thereat and be heard for or against any part of such
budget. Said notice shall be published at least once each
week for two consecutive weeks in a newspaper of general
circulation in the district, or, if there be none, in a newspaper of general circulation in the county or counties in which
such district is a part. The last notice shall be published no
later than seven days immediately prior to the hearing.
[1995 c 121 § 2; 1990 c 33 § 417; 1983 c 59 § 3; 1975-’76
2nd ex.s. c 118 § 5. Formerly RCW 28A.65.420.]
Effective date—1995 c 121: See note following RCW 28A.505.040.
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.060 Budget—Hearing and adoption of—
Copies filed with ESD’s. On the date given in said notice
as provided in RCW 28A.505.050 the school district board
of directors shall meet at the time and place designated.
Any person may appear thereat and be heard for or against
any part of such budget. Such hearing may be continued not
to exceed a total of two days: PROVIDED, That the budget
must be adopted no later than August 31st in first class
school districts, and not later than August 1st in second class
school districts.
Upon conclusion of the hearing, the board of directors
shall fix and determine the appropriation from each fund
contained in the budget separately, and shall by resolution
adopt the budget and the appropriations as so finally determined, and enter the same in the official minutes of the
board: PROVIDED, That first class school districts shall file
copies of their adopted budget with their educational service
district no later than September 3rd, and second class school
districts shall forward copies of their adopted budget to their
educational service district no later than August 3rd for
review, alteration and approval as provided for in RCW
(2002 Ed.)
School Districts’ Budgets
28A.505.070 by the budget review committee. [1990 c 33
§ 418; 1983 c 59 § 4; 1975-’76 2nd ex.s. c 118 § 6.
Formerly RCW 28A.65.425.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.070 Budget review committee—Members—
Review of budget, limitations. The budget review committee shall fix and approve the amount of the appropriation
from each fund of the budget of second class districts not
later than August 31st. No budget review committee shall
knowingly approve any budget or appropriation that is in
violation of this chapter or rules and regulations adopted by
the superintendent of public instruction in accordance with
RCW 28A.505.140(1). A copy of said budget shall be
returned to the local school districts no later than September
10th.
Members of the budget review committee as referred to
in this section shall consist of the educational service district
superintendent or a representative thereof, a member of the
local school district board of directors or a representative
thereof, and a representative of the superintendent of public
instruction. [1990 c 33 § 419; 1975-’76 2nd ex.s. c 118 §
7. Formerly RCW 28A.65.430.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.080 Budget—Disposition of copies. Copies
of the budgets for all local school districts shall be filed with
the superintendent of public instruction no later than September 10th. One copy will be retained by the educational
service district. [1984 c 128 § 8; 1983 c 59 § 5; 1975-’76
2nd ex.s. c 118 § 8. Formerly RCW 28A.65.435.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.090 Budget—Format, classifications,
mandatory. Every school district budget shall be prepared,
submitted and adopted in the format prescribed by the office
of the superintendent of public instruction. The budget
classifications contained in said format shall be in accordance with the accounting manual for public school districts,
published by the office of the superintendent of public
instruction and the office of the state auditor. Budgets
prepared and adopted in a format other than that prescribed
by the office of the superintendent of public instruction shall
not be official and will have no legal effect. [1983 c 59 §
6; 1975-’76 2nd ex.s. c 118 § 9. Formerly RCW
28A.65.440.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.100 Budget—Contents—Display of salaries.
The budget shall set forth the estimated revenues for the
ensuing fiscal year, the estimated revenues for the fiscal year
current at the time of budget preparation, the actual revenues
(2002 Ed.)
28A.505.060
for the last completed fiscal year, and the reserved and
unreserved fund balances for each year. The estimated
revenues from all sources for the ensuing fiscal year shall
not include any revenue not anticipated to be available
during that fiscal year: PROVIDED, That school districts,
pursuant to RCW 28A.505.110 can be granted permission by
the superintendent of public instruction to include as revenues in their budgets, receivables collectible in future fiscal
years.
The budget shall set forth by detailed items or classes
the estimated expenditures for the ensuing fiscal year, the
estimated expenditures for the fiscal year current at the time
of budget preparation, and the actual expenditures for the last
completed fiscal year. Total salary amounts, full-time
equivalents, and the high, low, and average annual salaries,
shall be displayed by job classification within each budget
classification. If individual salaries within each job classification are not displayed, districts shall provide the individual
salaries together with the title or position of the recipient and
the total amounts of salary under each budget class upon request. Salary schedules shall be displayed. In districts
where negotiations have not been completed, the district may
budget the salaries at the current year’s rate and restrict fund
balance for the amount of anticipated increase in salaries, so
long as an explanation shall be attached to the budget on
such restriction of fund balance. [1990 c 33 § 420; 1983 c
59 § 7; 1975-’76 2nd ex.s. c 118 § 10. Formerly RCW
28A.65.445.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.110 Budget—Including receivables collectible in future years—Limitations. When a school district
board is unable to prepare a budget or budget extension
pursuant to RCW 28A.505.170 or 28A.505.180 in which the
estimated revenues for the budgeted fiscal year plus the
estimated fund balance at the beginning of the budgeted
fiscal year less the ending reserved fund balance for the budgeted fiscal year do not at least equal the estimated expenditures for the budgeted fiscal year, the school district board
may deliver a petition in writing, at least twenty days before
the budget or budget extension is scheduled for adoption, to
the superintendent of public instruction requesting permission
to include receivables collectible in future years, in order to
balance the budget. If such permission is granted, it shall be
in writing, and it shall contain conditions, binding on the
district, designed to improve the district’s financial condition.
Any budget or appropriation adopted by the board of
directors without written permission from the superintendent
of public instruction that contains estimated expenditures in
excess of the total of estimated revenue for the budgeted
fiscal year plus estimated fund balance at the beginning of
the budgeted fiscal year less ending reserve fund balance for
the budgeted fiscal year shall be null and void and shall not
be considered an appropriation. [1990 c 33 § 421; 1983 c
59 § 8; 1975-’76 2nd ex.s. c 118 § 11. Formerly RCW
28A.65.450.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
[Title 28A RCW—page 175]
28A.505.110
Title 28A RCW: Common School Provisions
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.120 Withholding state funds upon district
noncompliance—Notice of. If a local school district fails
to comply with any binding restrictions issued by the
superintendent of public instruction, the allocation of state
funds for support of the local school district may be withheld, pending an investigation of the reason for such noncompliance by the office of the superintendent of public
instruction. Written notice of the intent to withhold state
funds, with reasons stated for this action, shall be made to
the school district by the office of the superintendent of
public instruction before any portion of the state allocation
is withheld. [1975-’76 2nd ex.s. c 118 § 12. Formerly
RCW 28A.65.455.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.130 Budget—Requirements for balancing
estimated expenditures. For each fund contained in the
school district budget the estimated expenditures for the
budgeted fiscal year must not be greater than the total of the
estimated revenues for the budgeted fiscal year, the estimated fund balance at the beginning of the budgeted fiscal year
less the estimated reserve fund balance at the end of the
budgeted fiscal year, and the projected revenue from
receivables collectible on future years as approved by the
superintendent of public instruction for inclusion in the
budget.
The proceeds of any interfund loan must not be used to
balance the budget of the borrowing fund. [1983 c 59 § 9;
1975-’76 2nd ex.s. c 118 § 13. Formerly RCW
28A.65.460.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.140 Rules and regulations for budgetary
procedures—Review when superintendent determines
budget irregularity—Revised budget, state board’s
financial plan until adoption. (1) Notwithstanding any
other provision of law, the superintendent of public instruction is hereby directed to promulgate such rules and regulations as will insure proper budgetary procedures and practices, including monthly financial statements consistent with the
provisions of RCW 43.09.200, and this chapter.
(2) If the superintendent of public instruction determines
upon a review of the budget of any district that said budget
does not comply with the budget procedures established by
this chapter or by rules and regulations promulgated by the
superintendent of public instruction, or the provisions of
RCW 43.09.200, the superintendent shall give written notice
of this determination to the board of directors of the local
school district.
(3) The local school district, notwithstanding any other
provision of law, shall, within thirty days from the date the
superintendent of public instruction issues a notice pursuant
to subsection (2) of this section, submit a revised budget
which meets the requirements of RCW 43.09.200, this
chapter, and the rules and regulations of the superintendent
[Title 28A RCW—page 176]
of public instruction: PROVIDED, That if the district fails
or refuses to submit a revised budget which in the determination of the superintendent of public instruction meets the
requirements of RCW 43.09.200, this chapter, and the rules
and regulations of the superintendent of public instruction,
the matter shall be submitted to the state board of education,
which board shall meet and adopt a financial plan which
shall be in effect until a budget can be adopted and submitted by the district in compliance with this section. [1990 c
33 § 422; 1983 c 59 § 10; 1975-’76 2nd ex.s. c 118 § 14.
Formerly RCW 28A.65.465.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.150 Budgeted expenditures as appropriations—Interim expenditures—Transfer between budget
classes—Liability for nonbudgeted expenditures. Total
budgeted expenditures for each fund as adopted in the
budget of a school district shall constitute the appropriations
of the district for the ensuing fiscal year and the board of
directors shall be limited in the incurring of expenditures to
the grand total of such appropriations. The board of
directors shall incur no expenditures for any purpose in
excess of the appropriation for each fund: PROVIDED,
That no board of directors shall be prohibited from incurring
expenditures for the payment of regular employees, for the
necessary repairs and upkeep of the school plant, for the
purchase of books and supplies, and for their participation in
joint purchasing agencies authorized in RCW 28A.320.080
during the interim while the budget is being settled under
RCW 28A.505.140: PROVIDED FURTHER, That transfers
between budget classes may be made by the school district’s
chief administrative officer or finance officer, subject to such
restrictions as may be imposed by the school district board
of directors.
Directors, officers or employees who knowingly or
negligently violate or participate in a violation of this section
by the incurring of expenditures in excess of any appropriation(s) shall be held civilly liable, jointly and severally, for
such expenditures in excess of such appropriation(s),
including consequential damages following therefrom, for
each such violation. If as a result of any civil or criminal
action the violation is found to have been done knowingly,
such director, officer, or employee who is found to have
participated in such breach shall immediately forfeit his or
her office or employment, and the judgment in any such
action shall so provide.
Nothing in this section shall be construed to limit the
duty of the attorney general to carry out the provisions of
RCW 43.09.260, as now or hereafter amended. [1990 c 33
§ 423; 1975-’76 2nd ex.s. c 118 § 15. Formerly RCW
28A.65.470.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.160 Appropriations lapse at end of fiscal
year—Exception. All appropriations for any school district
upon which their budget is based shall lapse at the end of
the fiscal year. At the expiration of said period all appropriations shall become null and void and any claim presented
(2002 Ed.)
School Districts’ Budgets
thereafter against any such appropriation for the fiscal year
just closed shall be provided for in the appropriation for the
next fiscal year: PROVIDED, That this shall not prevent
payments upon incompleted improvements in progress at the
close of the fiscal year. [1975-’76 2nd ex.s. c 118 § 16.
Formerly RCW 28A.65.475.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.170 First class school districts—Emergency
or additional appropriation resolutions—Procedure. (1)
Notwithstanding any other provision of this chapter, upon the
happening of any emergency in first class school districts
caused by fire, flood, explosion, storm, earthquake, epidemic,
riot, insurrection, or for the restoration to a condition of
usefulness of any school district property, the usefulness of
which has been destroyed by accident, and no provision has
been made for such expenditures in the adopted appropriation, the board of directors, upon the adoption by the vote
of the majority of all board members of a resolution stating
the facts constituting the emergency, may make an appropriation therefor without notice or hearing.
(2) Notwithstanding any other provision of this chapter,
if in first class districts it becomes necessary to increase the
amount of the appropriation, and if the reason is not one of
the emergencies specifically enumerated in subsection (1) of
this section, the school district board of directors, before
incurring expenditures in excess of the appropriation, shall
adopt a resolution stating the facts and the estimated amount
of appropriation to meet it.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided in RCW
28A.505.050. Its introduction and passage shall require the
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for
or against the adoption thereof.
Copies of all adopted appropriation resolutions shall be
filed with the educational service district who shall forward
one copy each to the office of the superintendent of public
instruction. One copy shall be retained by the educational
service district. [1990 c 33 § 424; 1984 c 128 § 9; 1983 c
59 § 11; 1975-’76 2nd ex.s. c 118 § 17. Formerly RCW
28A.65.480.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.180 Second class school districts—
Additional appropriation resolutions—Procedure.
Notwithstanding any other provision of this chapter, if a
second class school district needs to increase the amount of
the appropriation from any fund for any reason, the school
district board of directors, before incurring expenditures in
excess of appropriation, shall adopt a resolution stating the
facts and estimating the amount of additional appropriation
needed.
Such resolution shall be voted on at a public meeting,
notice to be given in the manner provided by RCW
28A.505.050. Its introduction and passage shall require the
(2002 Ed.)
28A.505.160
vote of a majority of all members of the school district board
of directors.
Any person may appear at the meeting at which the
appropriation resolution is to be voted on and be heard for
or against the adoption thereof.
Upon passage of the appropriation resolution the school
district shall petition the superintendent of public instruction
for approval to increase the amount of its appropriations in
the manner prescribed in rules and regulations for such
approval by the superintendent.
Copies of all appropriation resolutions approved by the
superintendent of public instruction shall be filed by the
office of the superintendent of public instruction with the
educational service district. [1990 c 33 § 425; 1984 c 128
§ 10; 1983 c 59 § 12; 1975-’76 2nd ex.s. c 118 § 18.
Formerly RCW 28A.65.485.]
Application—Effective date—Severability—1983 c 59: See notes
following RCW 28A.505.010.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
28A.505.200 Repayment of federal moneys—
Federal disallowance determination. Each school district
that receives federal moneys from or through the superintendent of public instruction shall comply with applicable
federal requirements and shall repay expenditures subsequently disallowed by the federal government together with
such interest as may be assessed by the federal government.
Once a federal disallowance determination, decision, or order
becomes final respecting federal moneys expended by a
school district, the superintendent of public instruction may
withhold all or a portion of the annual basic education
allocation amounts otherwise due and apportionable to the
school district as necessary to facilitate payment of the
principal and interest to the federal government. The
superintendent of public instruction may pay withheld basic
education allocation moneys:
(1) To the school district before the close of the
biennium and following the school district’s repayment of
moneys due the federal government, or the school district’s
commitment to an acceptable repayment plan, or both; or
(2) To the federal government, subject to the reappropriation of the withheld basic education allocation, moneys for
the purpose of payment to the federal government.
No withholding of basic education allocation moneys
may occur under this subsection until the superintendent of
public instruction has first determined that the withholding
should not substantially impair the school district’s financial
ability to provide the basic education program offerings
required by statute. [1990 c 103 § 1.]
28A.505.210 Student achievement funds—Use and
accounting of funds—Public hearing—Report. School
districts shall have the authority to decide the best use of
student achievement funds to assist students in meeting and
exceeding the new, higher academic standards in each
district consistent with the provisions of chapter 3, Laws of
2001.
(1) Student achievement funds shall be allocated for the
following uses:
[Title 28A RCW—page 177]
28A.505.210
Title 28A RCW: Common School Provisions
(a) To reduce class size by hiring certificated elementary
classroom teachers in grades K-4 and paying nonemployeerelated costs associated with those new teachers;
(b) To make selected reductions in class size in grades
5-12, such as small high school writing classes;
(c) To provide extended learning opportunities to
improve student academic achievement in grades K-12,
including, but not limited to, extended school year, extended
school day, before-and-after-school programs, special
tutoring programs, weekend school programs, summer
school, and all-day kindergarten;
(d) To provide additional professional development for
educators, including additional paid time for curriculum and
lesson redesign and alignment, training to ensure that
instruction is aligned with state standards and student needs,
reimbursement for higher education costs related to enhancing teaching skills and knowledge, and mentoring programs
to match teachers with skilled, master teachers. The funding
shall not be used for salary increases or additional compensation for existing teaching duties, but may be used for
extended year and extended day teaching contracts;
(e) To provide early assistance for children who need
prekindergarten support in order to be successful in school;
(f) To provide improvements or additions to school
building facilities which are directly related to the class size
reductions and extended learning opportunities under (a)
through (c) of this subsection.
(2) Annually on or before May 1st, the school district
board of directors shall meet at the time and place designated for the purpose of a public hearing on the proposed use
of these funds to improve student achievement for the
coming year. Any person may appear or by written submission have the opportunity to comment on the proposed plan
for the use of these funds. No later than August 31st, as a
part of the process under RCW 28A.505.060, each school
district shall adopt a plan for the use of these funds for the
upcoming school year. Annually, each school district shall
provide to the citizens of their district a public accounting of
the funds made available to the district during the previous
school year under chapter 3, Laws of 2001, how the funds
were used, and the progress the district has made in increasing student achievement, as measured by required state
assessments and other assessments deemed appropriate by
the district. Copies of this report shall be provided to the
superintendent of public instruction and to the academic
achievement and accountability commission. [2001 c 3 § 3
(Initiative Measure No. 728, approved November 7, 2000).]
schools, and school districts. However, the K-12 finance system has not
been changed to respond to the new standards and individual student needs.
To make higher student achievement a reality, schools need the
additional resources and flexibility to provide all students with more
individualized quality instruction, more time, and the extra support that they
may require. We need to ensure that curriculum, instruction methods, and
assessments of student performance are aligned with the new standards and
student needs. The current level of state funding does not provide adequate
resources to support higher academic achievement for all students. In fact,
inflation-adjusted per-student state funding has declined since the legislature
adopted the 1993 education reform act.
The erosion of state funding for K-12 education is directly at odds
with the state’s "paramount duty to make ample provision for the education
of all children...." Now is the time to invest some of our surplus state
revenues in K-12 education and redirect state lottery funds to education, as
was originally intended, so that we can fulfill the state’s paramount duty.
Conditions and needs vary across Washington’s two hundred ninetysix school districts. School boards accountable to their local communities
should therefore have the flexibility to decide which of the following
strategies will be most effective in increasing student performance and in
helping students meet the state’s new, higher academic standards:
(1) Major reductions in K-4 class size;
(2) Selected class size reductions in grades 5-12, such as small high
school writing classes;
(3) Extended learning opportunities for students who need or want
additional time in school;
(4) Investments in educators and their professional development;
(5) Early assistance for children who need prekindergarten support in
order to be successful in school; and
(6) Providing improvements or additions to facilities to support class
size reductions and extended learning opportunities.
Short title—2001 c 3 (Initiative Measure No. 728): "This act may
be known and cited as the K-12 2000 student achievement act." [2001 c 3
§ 1 (Initiative Measure No. 728, approved November 7, 2000).]
Purpose—Intent—2001 c 3 (Initiative Measure No. 728): "The
citizens of Washington state expect and deserve great public schools for our
generation of school children and for those who will follow. A quality
public education system is crucial for our state’s future economic success
and prosperity, and for our children and their children to lead successful
lives.
The purpose of this act is to improve public education and to achieve
higher academic standards for all students through smaller class sizes and
other improvements. A portion of the state’s surplus general fund revenues
is dedicated to this purpose.
In 1993, Washington state made a major commitment to improved
public education by passing the Washington education reform act. This act
established new, higher standards of academic achievement for all students.
It also established new levels of accountability for students, teachers,
TEACHER QUALITY
[Title 28A RCW—page 178]
REDUCING CLASS SIZE
Smaller classes in the early grades can significantly increase the
amount of learning that takes place in the classroom. Washington state now
ranks forty-eighth in the nation in its student-teacher ratio. This is
unacceptable.
Significant class size reductions will provide our children with more
individualized instruction and the attention they need and deserve and will
reduce behavioral problems in classrooms. The state’s long-term goal
should be to reduce class size in grades K-4 to no more than eighteen
students per teacher in a class.
The people recognize that class size reduction should be phased-in
over several years. It should be accompanied by the necessary funds for
school construction and modernization and for high-quality, well-trained
teachers.
EXTENDED LEARNING OPPORTUNITIES
Student achievement will also be increased if we expand learning
opportunities beyond our traditional-length school day and year. In many
school districts, educators and parents want a longer school day, a longer
school year, and/or all-day kindergarten to help students improve their
academic performance or explore new learning opportunities. In addition,
special programs such as before-and-after-school tutoring will help
struggling students catch and keep up with their classmates. Extended
learning opportunities will be increasingly important as attainment of a
certificate of mastery becomes a high school graduation requirement.
Key to every student’s academic success is a quality teacher in every
classroom. Washington state’s new standards for student achievement make
teacher quality more important than ever. We are asking our teachers to
teach more demanding curriculum in new ways, and we are holding our
educators and schools to new, higher levels of accountability for student
performance. Resources are needed to give teachers the content knowledge
and skills to teach to higher standards and to give school leaders the skills
to improve instruction and manage organizational change.
The ability of school districts throughout the state to attract and retain
the highest quality teaching corps by offering competitive salaries and
effective working conditions is an essential element of basic education. The
state legislature is responsible for establishing teacher salaries. It is
imperative that the legislature fund salary levels that ensure school districts’
ability to recruit and retain the highest quality teachers.
EARLY ASSISTANCE
(2002 Ed.)
School Districts’ Budgets
The importance of a child’s intellectual development in the first five
years has been established by widespread scientific research. This is
especially true for children with disabilities and special needs. Providing
assistance appropriate to children’s developmental needs will enhance the
academic achievement of these children in grades K-12. Early assistance
will also lessen the need for more expensive remedial efforts in later years.
NO SUPPLANTING OF EXISTING EDUCATION FUNDS
It is the intent of the people that existing state funding for education,
including all sources of such funding, shall not be reduced, supplanted, or
otherwise adversely impacted by appropriations or expenditures from the
student achievement fund created in RCW 43.135.045 or the education
construction fund.
INVESTING SURPLUS IN SCHOOLS UNTIL GOAL MET
It is the intent of the people to invest a portion of state surplus
revenues in their schools. This investment should continue until the state’s
contribution to funding public education achieves a reasonable goal. The
goal should reflect the state’s paramount duty to make ample provision for
the education of all children and our citizens’ desire that all students receive
a quality education. The people set a goal of per-student state funding for
the maintenance and operation of K-12 education being equal to at least
ninety percent of the national average per-student expenditure from all
sources. When this goal is met, further deposits to the student achievement
fund shall be required only to the extent necessary to maintain the ninetypercent level." [2001 c 3 § 2 (Initiative Measure No. 728, approved
November 7, 2000).]
Construction—2001 c 3 (Initiative Measure No. 728): "The
provisions of this act are to be liberally construed to effectuate the policies
and purposes of this act." [2001 c 3 § 11 (Initiative Measure No. 728,
approved November 7, 2000).]
Severability—2001 c 3 (Initiative Measure No. 728): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 3 § 12 (Initiative
Measure No. 728, approved November 7, 2000).]
Effective dates—2001 c 3 (Initiative Measure No. 728): "This act
takes effect January 1, 2001, except for section 4 of this act which takes
effect July 1, 2001." [2001 c 3 § 13 (Initiative Measure No. 728, approved
November 7, 2000).]
Chapter 28A.510
APPORTIONMENT TO DISTRICT—
DISTRICT ACCOUNTING
Sections
28A.510.250
28A.510.260
28A.510.270
By state superintendent.
Distribution by ESD superintendent.
County treasurer’s duties.
28A.510.250 By state superintendent. On or before
the last business day of September 1969 and each month
thereafter, the superintendent of public instruction shall
apportion from the state general fund to the several educational service districts of the state the proportional share of
the total annual amount due and apportionable to such
educational service districts for the school districts thereof as
follows:
September
October . .
November
December
January . .
February
March . . .
April . . . .
May
...
(2002 Ed.)
...
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. . 9%
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5.5%
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5.5%
28A.505.210
June . . . . . . . . . . . . . . . . . . . . . . . . . . 6.0%
July . . . . . . . . . . . . . . . . . . . . . . . . . 10.0%
August
. . . . . . . . . . . . . . . . . . . . . . 10.0%
The annual amount due and apportionable shall be the
amount apportionable for all apportionment credits estimated
to accrue to the schools during the apportionment year
beginning September first and continuing through August
thirty-first. Appropriations made for school districts for each
year of a biennium shall be apportioned according to the
schedule set forth in this section for the fiscal year starting
September 1st of the then calendar year and ending August
31st of the next calendar year. The apportionment from the
state general fund for each month shall be an amount which
will equal the amount due and apportionable to the several
educational service districts during such month: PROVIDED, That any school district may petition the superintendent
of public instruction for an emergency advance of funds
which may become apportionable to it but not to exceed ten
percent of the total amount to become due and apportionable
during the school districts apportionment year. The superintendent of public instruction shall determine if the emergency warrants such advance and if the funds are available
therefor. If the superintendent determines in the affirmative,
he or she may approve such advance and, at the same time,
add such an amount to the apportionment for the educational
service district in which the school district is located:
PROVIDED, That the emergency advance of funds and the
interest earned by school districts on the investment of
temporary cash surpluses resulting from obtaining such
advance of state funds shall be deducted by the superintendent of public instruction from the remaining amount
apportionable to said districts during that apportionment year
in which the funds are advanced. [1990 c 33 § 426; 1982 c
136 § 1; 1981 c 282 § 1; 1981 c 5 § 32; 1980 c 6 § 5; 1979
ex.s. c 237 § 1; 1975-’76 2nd ex.s. c 118 § 27; 1975 1st
ex.s. c 275 § 67; 1974 ex.s. c 89 § 1; 1972 ex.s. c 146 § 1;
1970 ex.s. c 15 § 15. Prior: 1969 ex.s. c 184 § 3; 1969
ex.s. c 176 § 108; 1969 ex.s. c 223 § 28A.48.010; prior:
1965 ex.s. c 162 § 1; 1959 c 276 § 3; prior: 1945 c 141 §
3, part; 1923 c 96 § 1; 1911 c 118 § 1; 1909 c 97 p 312 §§
1, 2, 3; Rem. Supp. 1945 § 4940-3, part. Formerly RCW
28A.48.010, 28.48.010.]
Certain 1982-83 school year monthly payments delayed—
Interest—1982 c 136: "For the 1982-83 school year, one-half of the
September, October, March, and April payments under RCW 28A.48.010
shall be made on the last business day of the respective month and the
remainder on the fifteenth day of the following month. Interest shall be
paid on the amounts deferred under this section at the rate for state
interfund loans as established by the state finance committee." [1982 c 136
§ 2.]
Effective date—1982 c 136: "Section 3 of this act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately [April 1, 1982]. The remainder to [of] this act shall
take effect September 1, 1982." [1982 c 136 § 5.]
Severability—1980 c 6: See note following RCW 28A.515.320.
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Effective date—1972 ex.s. c 146: "This 1972 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and section 1 shall take effect July 1, 1972, and section 2 shall take
effect immediately [February 25, 1972]." [1972 ex.s. c 146 § 3.]
[Title 28A RCW—page 179]
28A.510.250
Title 28A RCW: Common School Provisions
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
Student transportation allocation—Notice—Revised eligible student data,
when—Allocation payments, amounts, when: RCW 28A.160.190.
Vehicle acquisition—Reimbursement schedule—Maintenance and operation—Depreciation schedule: RCW 28A.160.200.
28A.510.260 Distribution by ESD superintendent.
Upon receiving the certificate of apportionment from the
superintendent of public instruction the educational service
district superintendent shall promptly apportion to the school
districts of his or her educational service district the amounts
then due and apportionable to such districts as certified by
the superintendent of public instruction. [1990 c 33 § 427;
1983 c 56 § 5; 1975 1st ex.s. c 275 § 68; 1969 ex.s. c 176
§ 109; 1969 ex.s. c 223 § 28A.48.030. Prior: 1965 ex.s. c
162 § 2; 1945 c 141 § 9; Rem. Supp. 1945 § 4940-8.
Formerly RCW 28A.48.030, 28.48.030.]
Severability—1983 c 56: See note following RCW 28A.195.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.510.270 County treasurer’s duties. The county
treasurer of each county of this state shall be ex officio
treasurer of the several school districts of their respective
counties, and, except as otherwise provided by law, it shall
be the duty of each county treasurer:
(1) To receive and hold all moneys belonging to such
school districts, and to pay them only for legally authorized
obligations of the district.
(2) To prepare and submit to each school district
superintendent in the county a written report of the state of
the finances of such district on the first day of each month,
which report shall be submitted not later than the seventh
business day of the month, which report shall contain the
balance on hand the first of the preceding month, the funds
paid in, warrants paid with interest thereon, if any, the
number of warrants issued and not paid, and the balance on
hand.
(3) The treasurer of each county shall submit a statement of all canceled warrants of districts to the respective
school district superintendents. The canceled warrants of
each district shall be preserved separately and shall at all
times be open to inspection by the school district superintendent or by any authorized accountant of such district. [1991
c 245 § 2; 1990 c 33 § 428; 1975-’76 2nd ex.s. c 118 § 28;
1975 1st ex.s. c 275 § 73; 1969 ex.s. c 176 § 114; 1969 ex.s.
c 223 § 28A.48.100. Prior: 1911 c 85 § 1; 1909 c 97 p 309
§ 1; RRS § 4867; prior: 1907 c 240 § 8; 1897 c 118 § 59;
1893 c 109 § 8; 1891 c 127 § 27; 1890 p 380 § 71; 1886 p
26 § 83; Code 1881 § 3236. Formerly RCW 28A.48.100,
28.48.100.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
[Title 28A RCW—page 180]
Chapter 28A.515
COMMON SCHOOL CONSTRUCTION FUND
Sections
28A.515.300
28A.515.310
28A.515.320
Permanent common school fund—Sources—Use.
Certain losses to permanent common school fund or
other state educational funds as funded debt
against state.
Common school construction fund—Sources—Use—
Excess moneys in, availability, repayment.
28A.515.300 Permanent common school fund—
Sources—Use. The principal of the common school fund as
the same existed on June 30, 1965, shall remain permanent
and irreducible. The said fund shall consist of the principal
amount thereof existing on June 30, 1965, and such additions
thereto as may be derived after June 30, 1965, from the following named sources, to wit: Appropriations and donations
by the state to this fund; donations and bequests by individuals to the state or public for common schools; the proceeds
of lands and other property which revert to the state by
escheat and forfeiture; the proceeds of all property granted
to the state, when the purpose of the grant is not specified,
or is uncertain; funds accumulated in the treasury of the state
for the disbursement of which provision has not been made
by law; the proceeds of the sale of stone, minerals or
property other than timber and other crops from school and
state lands, other than those granted for specific purposes; all
moneys received from persons appropriating stone, minerals
or property other than timber and other crops from school
and state lands other than those granted for specific purposes, and all moneys other than rental, recovered from persons
trespassing on said lands; five percent of the proceeds of the
sale of public lands lying within the state, which shall be
sold by the United States subsequent to the admission of the
state into the Union as approved by section 13 of the act of
congress enabling the admission of the state into the Union;
the principal of all funds arising from the sale of lands and
other property which have been, and hereafter may be,
granted to the state for the support of common schools and
such other funds as may be provided by legislative enactment. [1969 ex.s. c 223 § 28A.40.010. Prior: 1967 c 29 §
1; 1909 c 97 p 320 § 1; RRS § 4932; prior: 1897 c 118 §
109; 1890 p 373 § 50; 1886 p 20 § 57, part; Code 1881 §
3210, part; 1873 p 421 § 1. Formerly RCW 28A.40.010,
28.40.010.]
Banks and trust companies, liquidation and winding up
dividends unclaimed deposited in: RCW 30.44.150, 30.44.180.
personal property, proceeds deposited in: RCW 30.44.220.
Enlargement of, legislature may provide: State Constitution Art. 9 § 3
(Amendment 43).
Escheated estates deposited in: RCW 11.08.210.
Game and game fish lands
payments to in lieu of property taxes: RCW 77.12.203.
withdrawn from lease, payment of amount of lease into: RCW 77.12.360.
Interest deposited in current state school fund used for current expenses:
State Constitution Art. 9 § 3 (Amendment 43).
Investment of permanent common school fund: State Constitution Art. 16
§ 5 (Amendment 44).
Lands set aside and permanent funds established: Enabling act §§ 10
through 25.
Losses occasioned by default, fraud, etc., to become permanent debt against
state: State Constitution Art. 9 § 5.
(2002 Ed.)
Common School Construction Fund
Permanent and irreducible: State Constitution Art. 9 § 3 (Amendment 43),
RCW 28A.515.300.
Safe deposit box contents
rent unpaid, sale, proceeds deposited in: RCW 22.28.040.
unclaimed after liquidation and winding up of bank or trust company,
proceeds from sale deposited in: RCW 30.44.220.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
State land
acquired, lease and sale of, disposition of proceeds: RCW 79.01.612.
withdrawn for game purposes, payment of amount of lease into: RCW
77.12.360.
28A.515.310 Certain losses to permanent common
school fund or other state educational funds as funded
debt against state. All losses to the permanent common
school or any other state educational fund, which shall be
occasioned by defalcation, mismanagement or fraud of the
agents or officers controlling or managing the same, shall be
audited by the proper authorities of the state. The amount
so audited shall be a permanent funded debt against the state
in favor of the particular fund sustaining such loss, upon
which not less than six percent annual interest shall be paid.
[1969 ex.s. c 223 § 28A.40.020. Prior: 1909 c 97 p 321 §
2; RRS § 4933; prior: 1897 c 118 § 110, part; 1890 p 373
§ 51, part. Formerly RCW 28A.40.020, 28.40.020.]
28A.515.320 Common school construction fund—
Sources—Use—Excess moneys in, availability, repayment.
The common school construction fund is to be used exclusively for the purpose of financing the construction of
facilities for the common schools. The sources of said fund
shall be: (1) Those proceeds derived from sale or appropriation of timber and other crops from school and state land
other than those granted for specific purposes; (2) the
interest accruing on the permanent common school fund less
the allocations to the state treasurer’s service account [fund]
pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160 together with
all rentals and other revenue derived therefrom and from
land and other property devoted to the permanent common
school fund; (3) all moneys received by the state from the
United States under the provisions of section 191, Title 30,
United States Code, Annotated, and under section 810,
chapter 12, Title 16, (Conservation), United States Code,
Annotated, except moneys received before June 30, 2001,
and when thirty megawatts of geothermal power is certified
as commercially available by the receiving utilities and the
department of community, trade, and economic development,
eighty percent of such moneys, under the Geothermal Steam
Act of 1970 pursuant to RCW 43.140.030; and (4) such
other sources as the legislature may direct. That portion of
the common school construction fund derived from interest
on the permanent common school fund may be used to retire
such bonds as may be authorized by law for the purpose of
financing the construction of facilities for the common
schools.
The interest accruing on the permanent common school
fund less the allocations to the state treasurer’s service fund
pursuant to RCW 43.08.190 and the state investment board
expense account pursuant to RCW 43.33A.160 together with
all rentals and other revenues accruing thereto pursuant to
subsection (2) of this section prior to July 1, 1967, shall be
(2002 Ed.)
28A.515.300
exclusively applied to the current use of the common schools.
To the extent that the moneys in the common school
construction fund are in excess of the amount necessary to
allow fulfillment of the purpose of said fund, the excess
shall be available for deposit to the credit of the permanent
common school fund or available for the current use of the
common schools, as the legislature may direct. Any money
from the common school construction fund which is made
available for the current use of the common schools shall be
restored to the fund by appropriation, including interest
income foregone [forgone], before the end of the next fiscal
biennium following such use. [1996 c 186 § 503; 1991 sp.s.
c 13 § 58; 1991 c 76 § 2; 1981 c 158 § 6; 1981 c 4 § 1;
1980 c 6 § 1; 1969 ex.s. c 223 § 28A.40.100. Prior: 1967
c 29 § 3. Formerly RCW 28A.40.100, 28.40.100.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Severability—1981 c 4: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1981 c 4 § 10.]
Severability—1980 c 6: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1980 c 6 § 8.]
Current state school fund—Abolished—Moneys transferred: RCW
43.79.425.
Chapter 28A.520
FOREST RESERVE FUNDS DISTRIBUTION
Sections
28A.520.010
28A.520.020
Distribution of forest reserve funds—Procedure—
Proportional county area distribution, when.
Distribution of forest reserve funds—Revolving account created—Use—Apportionments from—As
affects basic education allocation.
28A.520.010 Distribution of forest reserve funds—
Procedure—Proportional county area distribution, when.
Of the moneys received by the state from the federal government in accordance with Title 16, section 500, United
States Code, fifty percent shall be spent by the counties on
public schools or public roads, and fifty percent shall be
spent by the counties on public schools as provided in RCW
28A.520.020(2), or for any other purposes as now or
hereafter authorized by federal law, in the counties in the
United States forest reserve from which such moneys were
received. Where the reserve is situated in more than one
county, the state treasurer shall determine the proportional
area of the counties therein. The state treasurer is authorized
and required to obtain the necessary information to enable
him or her to make that determination.
The state treasurer shall distribute to the counties,
according to the determined proportional area, the money to
be spent by the counties. The county legislative authority
shall expend the fifty percent received by the county for the
benefit of the public roads or public schools of the county,
or for any other purposes as now or hereafter authorized by
federal law. [1990 c 33 § 429; 1985 c 311 § 1; 1982 c 126
§ 1. Formerly RCW 28A.02.300.]
[Title 28A RCW—page 181]
28A.520.010
Title 28A RCW: Common School Provisions
Effective date—1982 c 126: "This act shall take effect July 1, 1983."
[1982 c 126 § 5.]
Severability—1982 c 126: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 126 § 4.]
28A.520.020 Distribution of forest reserve funds—
Revolving account created—Use—Apportionments
from—As affects basic education allocation. (1) There
shall be a fund known as the federal forest revolving
account. The state treasurer, who shall be custodian of the
revolving account, shall deposit into the revolving account
the funds for each county received by the state in accordance
with Title 16, section 500, United States Code. The state
treasurer shall distribute these moneys to the counties
according to the determined proportional area. The county
legislative authority shall expend fifty percent of the money
for the benefit of the public roads and other public purposes
as authorized by federal statute or public schools of such
county and not otherwise. Disbursements by the counties of
the remaining fifty percent of the money shall be as authorized by the superintendent of public instruction, or the
superintendent’s designee, and shall occur in the manner
provided in subsection (2) of this section.
(2) No later than thirty days following receipt of the
funds from the federal government, the superintendent of
public instruction shall apportion moneys distributed to
counties for schools to public school districts in the respective counties in proportion to the number of full time
equivalent students enrolled in each public school district to
the number of full time equivalent students enrolled in public
schools in the county. In apportioning these funds, the
superintendent of public instruction shall utilize the October
enrollment count.
(3) If the amount received by any public school district
pursuant to subsection (2) of this section is less than the
basic education allocation to which the district would
otherwise be entitled, the superintendent of public instruction
shall apportion to the district, in the manner provided by
RCW 28A.510.250, an amount which shall be the difference
between the amount received pursuant to subsection (2) of
this section and the basic education allocation to which the
district would otherwise be entitled.
(4) All federal forest funds shall be expended in
accordance with the requirements of Title 16, section 500,
United States Code, as now existing or hereafter amended.
[1991 sp.s. c 13 § 113; 1990 c 33 § 430; 1985 c 311 § 2;
1982 c 126 § 2. Formerly RCW 28A.02.310.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—Severability—1982 c 126: See notes following
RCW 28A.520.010.
Chapter 28A.525
BOND ISSUES
Sections
28A.525.010
28A.525.020
28A.525.030
28A.525.040
Statement of intent.
Duties of state board of education.
Modernization of existing school facilities.
Portable buildings or classrooms.
[Title 28A RCW—page 182]
28A.525.050
28A.525.055
28A.525.060
28A.525.070
28A.525.080
28A.525.090
28A.525.120
28A.525.122
28A.525.124
28A.525.126
28A.525.128
28A.525.130
28A.525.132
28A.525.134
28A.525.140
28A.525.142
28A.525.144
28A.525.146
28A.525.148
28A.525.150
28A.525.152
28A.525.154
28A.525.156
28A.525.158
Applications for aid—Rules and regulations—
Recommendations.
New construction—Eligibility for state assistance—
Inventory assessment exclusion.
Manual—Contents—Preparation and revision.
State superintendent to assist districts and state board.
Federal grants—Rules and regulations.
Construction management techniques—Rules—Use—
Information and training.
1967 bond issue for construction, modernization of
school plant facilities—Authorized—Sale, conditions—Form, terms, etc.
1967 bond issue for construction, modernization of
school plant facilities—Common school building
construction account—Created—Proceeds from
bond sale deposited in—Use.
1967 bond issue for construction, modernization of
school plant facilities—Bonds not general obligation of state—Bonds, interest on, source for payment of—Pledge.
1967 bond issue for construction, modernization of
school plant facilities—Common school building
bond redemption fund of 1967—Created—Use—
Transfer of funds to—Prior charge against certain
common school construction fund moneys.
1967 bond issue for construction, modernization of
school plant facilities—Legislature may provide
additional means of revenue—General credit of
state not pledged.
1967 bond issue for construction, modernization of
school plant facilities—Bonds are negotiable, legal
investment and security.
1967 bond issue for construction, modernization of
school plant facilities—Allotment of funds appropriated from common school building construction
account or common school construction fund—
Local responsibility—Duties, rules and regulations
of state board of education.
1967 bond issue for construction, modernization of
school plant facilities—Appropriations to state
board of education—Allocation of, limitations.
1969 bond issue for construction, modernization of
school plant facilities—Authorized—Sale, conditions—Form, terms.
1969 bond issue for construction, modernization of
school plant facilities—Proceeds from bond sale
deposited in common school building construction
account—Use.
1969 bond issue for construction, modernization of
school plant facilities—Bonds not general obligation of state—Bonds, interest on, source of payment of—Pledge.
1969 bond issue for construction, modernization of
school plant facilities—Common school building
bond redemption fund of 1967—Use—Transfer of
funds to—Prior charge against certain common
school construction fund moneys.
1969 bond issue for construction, modernization of
school plant facilities—Legislature may provide
additional means of revenue.
1969 bond issue for construction, modernization of
school plant facilities—Bonds are negotiable, legal
investment and security.
1969 bond issue for construction, modernization of
school plant facilities—Allotment of funds appropriated from common school building construction
account—Local responsibility—Duties of state
board of education.
1969 bond issue for construction, modernization of
school plant facilities—Appropriations to state
board of education—Allocation of, limitations.
Bonds authorized under RCW 28A.525.120 through
28A.525.154 may be refunded—Security.
Rescinding authority to issue balance of bonds authorized under RCW 28A.525.140 through
28A.525.154.
(2002 Ed.)
Bond Issues
28A.525.160
28A.525.162
28A.525.164
28A.525.166
28A.525.168
28A.525.170
28A.525.172
28A.525.174
28A.525.176
28A.525.178
28A.525.180
28A.525.182
28A.525.190
28A.525.200
28A.525.210
28A.525.212
28A.525.214
28A.525.216
28A.525.218
28A.525.220
28A.525.222
28A.525.230
28A.525.240
28A.525.250
28A.525.260
28A.525.270
28A.525.280
28A.525.290
28A.525.300
28A.525.310
(2002 Ed.)
1969 appropriation for construction, modernization of
school plant facilities.
Allotment of appropriations for school plant facilities
by state board—Local school district participation—Computing state matching percentage—
Rules.
Allotment of appropriations for school plant facilities—Duties of board.
Allotment of appropriations for school plant facilities—Basis of state aid for school plant.
Allotment of appropriations for school plant facilities—Taxable valuation and percentage of state
assistance to be used in determining eligibility.
Allotment of appropriations for school plant facilities—Additional allotment authorized—Effect of
allotment on future disbursements to district.
Allotment of appropriations for school plant facilities—Application by district for state assistance—
Studies and surveys by state board.
Allotment of appropriations for school plant facilities—Manual, other materials to guide and provide
information to district.
Allotment of appropriations for school plant facilities—State board to provide district with consultatory, advisory service.
Allotment of appropriations for school plant facilities—Modifiable basic or standard plans for school
buildings.
Allotment of appropriations for school plant facilities—Appropriation to be reduced by amount of
federal funds made available for school construction except to federally affected areas.
Allotment of appropriations for school plant facilities—Permissible allocations.
Board limited when prioritizes construction.
Specific RCW sections enumerated governing allocation and distribution of funds for school plant
facilities.
1984 bond issue for construction, modernization of
school plant facilities—Intent.
1984 bond issue for construction, modernization of
school plant facilities—Authorized—Sale.
1984 bond issue for construction, modernization of
school plant facilities—Proceeds deposited in
common school construction fund—Use.
1984 bond issue for construction, modernization of
school plant facilities—Proceeds—Administered
by state board of education.
1984 bond issue for construction, modernization of
school plant facilities—State general obligation
bond fund utilized for payment of principal and
interest—Committee’s and treasurer’s duties—
Form and condition of bonds.
1984 bond issue for construction, modernization of
school plant facilities—Legislature may provide
additional means for payment.
1984 bond issue for construction, modernization of
school plant facilities—Bonds as legal investment
for public funds.
Bonds authorized—Amount—As compensation for
sale of timber—Sale, conditions.
Bond anticipation notes—Authorized—Payment.
Form, terms, conditions, sale and covenants of bonds
and notes.
Disposition of proceeds from sale of bonds and
notes—Use.
State general obligation bond retirement fund utilized
for payment of bond principal and interest—
Procedure.
Bonds as legal investment for public funds.
Chapter provisions as limited by other statutes, covenants and proceedings.
Proceeds from sale of bonds as compensation for sale
of timber from trust lands.
Proceeds from voter-approved bonds, voter-approved
levies, and other funding—Use for installment
Chapter 28A.525
purchase contracts and leases with options to purchase.
28A.525.010 Statement of intent. It is hereby
declared to be the intent of the legislature that the following
provisions be enacted for the purpose of establishing and
providing for the operation of a program of state assistance
to school districts in providing school plant facilities. [1969
ex.s. c 223 § 28A.47.050. Prior: 1947 c 278 § 1; Rem.
Supp. 1947 § 4940-12. Formerly RCW 28A.47.050,
28.47.050.]
28A.525.020 Duties of state board of education.
The state board of education shall have the power and it
shall be its duty (1) to prescribe rules and regulations
governing the administration, control, terms, conditions, and
disbursements of allotments to school districts to assist them
in providing school plant facilities; (2) to approve allotments
to districts that apply for state assistance whenever the board
deems such action advisable and in so doing to give due
consideration to the findings, reports, and recommendations
of the superintendent of public instruction pertaining thereto;
(3) to authorize the payment of approved allotments by
warrant of the state treasurer; and (4) in the event that the
amount of state assistance applied for exceeds the funds
available for such assistance during any biennium, to make
allotments on the basis of the urgency of need for school
facilities in the districts that apply for assistance and/or to
prorate allotments among such districts in conformity with
procedures and regulations applicable thereto which shall be
established by the state board. [1969 ex.s. c 223 §
28A.47.060. Prior: 1947 c 278 § 2; Rem. Supp. 1947 §
4940-13. Formerly RCW 28A.47.060, 28.47.060.]
28A.525.030 Modernization of existing school
facilities. Whenever funds are appropriated for modernization of existing school facilities, the state board of education
is authorized to approve the use of such funds for modernization of existing facilities, modernization being limited to
major structural changes in such facilities and, as necessary
to bring such facilities into compliance with the barrier free
access requirements of section 504 of the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706) and rules implementing the act, both major and minor structural changes, and
may include as incidental thereto the replacement of fixtures,
fittings, furnishings and service systems of a building in
order to bring it up to a contemporary state consistent with
the needs of changing educational programs. The allocation
of such funds shall be made upon the same basis as funds
used for the financing of a new school plant project utilized
for a similar purpose. [1995 c 77 § 23; 1980 c 154 § 17;
1969 ex.s. c 223 § 28A.47.073. Prior: 1967 ex.s. c 21 § 1.
Formerly RCW 28A.47.073, 28.47.073.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
28A.525.040 Portable buildings or classrooms. State
matching funds shall not be denied to any school district
undertaking any construction, repairs or improvements for
school district purposes solely on the ground that said
construction, repairs and improvements are in connection
[Title 28A RCW—page 183]
28A.525.040
Title 28A RCW: Common School Provisions
with portable buildings or classrooms. [1969 ex.s. c 223 §
28A.47.075. Prior: 1953 c 158 § 1. Formerly RCW
28A.47.075, 28.47.075.]
28A.525.050 Applications for aid—Rules and
regulations—Recommendations. All applications by
school districts for state assistance in providing school plant
facilities shall be made to the superintendent of public
instruction in conformity with rules and regulations which
shall be prescribed by the state board of education. Studies
and surveys shall be conducted by the aforesaid officer for
the purpose of securing information relating to (1) the kind
and extent of the school plant facilities required and the
urgency of need for such facilities in districts that seek state
assistance, (2) the ability of such districts to provide capital
outlay funds by local effort, (3) the need for improvement of
school administrative units and school attendance areas
among or within such districts, and (4) any other pertinent
matters. Recommendations respecting action on the aforesaid applications shall be submitted to the state board of
education by the superintendent of public instruction together
with such reports of the findings, studies, and surveys made
by said officer as may be required by the state board. [1969
ex.s. c 223 § 28A.47.080. Prior: 1947 c 278 § 4; Rem.
Supp. 1947 § 4940-15. Formerly RCW 28A.47.080,
28.47.080.]
28A.525.055 New construction—Eligibility for state
assistance—Inventory assessment exclusion. The state
board of education, for purposes of determining eligibility
for state assistance for new construction, shall adopt rules
excluding from the inventory of available educational space
those spaces that have been constructed for educational and
community activities from grants received from other public
or private entities. [1994 c 219 § 11.]
Finding—1994 c 219: See note following RCW 43.88.030.
28A.525.060 Manual—Contents—Preparation and
revision. It shall be the duty of the superintendent of public
instruction, in consultation with the Washington state
department of social and health services, to prepare, and so
often as the superintendent deems necessary revise, a manual
for the information and guidance of local school district
authorities and others responsible for and concerned with the
designing, planning, maintenance, and operation of school
plant facilities for the common schools. In the preparation
and revision of the aforesaid manual due consideration shall
be given to the presentation of information regarding (1) the
need for cooperative state-local district action in planning
school plant facilities arising out of the cooperative plan for
financing said facilities provided for in RCW 28A.525.010
through 28A.525.080 and 28A.335.230; (2) procedures in
inaugurating and conducting a school plant planning program
for a school district; (3) standards for use in determining the
selection and development of school sites and in designing,
planning, and constructing school buildings to the end that
the health, safety, and educational well-being and development of school children will be served; (4) the planning of
readily expansible and flexible school buildings to meet the
requirements of an increasing school population and a
constantly changing educational program; (5) an acceptable
[Title 28A RCW—page 184]
school building maintenance program and the necessity
therefor; (6) the relationship of an efficient school building
operations service to the health and educational progress of
pupils; and (7) any other matters regarded by the aforesaid
officer as pertinent or related to the purposes and requirements of RCW 28A.525.010 through 28A.525.080 and
28A.335.230. [1990 c 33 § 431; 1979 c 141 § 36; 1969
ex.s. c 223 § 28A.47.090. Prior: 1947 c 278 § 5; Rem.
Supp. 1947 § 4940-16. Formerly RCW 28A.47.090,
28.47.090.]
28A.525.070 State superintendent to assist districts
and state board. The superintendent of public instruction
shall furnish (1) to school districts seeking state assistance
consultatory and advisory service in connection with the
development of school building programs and the planning
of school plant facilities for such district, and (2) to the state
board of education such service as may be required by the
board in the exercise of the powers and the performance of
the duties vested in and required to be performed by the
board. [1985 c 136 § 1; 1969 ex.s. c 223 § 28A.47.100.
Prior: 1947 c 278 § 6; Rem. Supp. 1947 § 4940-17.
Formerly RCW 28A.47.100, 28.47.100.]
28A.525.080 Federal grants—Rules and regulations.
Insofar as is permissible under acts of congress, funds made
available by the federal government for the purpose of
assisting school districts in providing school plant facilities
shall be made available to such districts in conformity with
rules and regulations which the state board of education shall
establish. [1969 ex.s. c 223 § 28A.47.120. Prior: 1947 c
278 § 8; Rem. Supp. 1947 § 4940-19. Formerly RCW
28A.47.120, 28.47.120.]
28A.525.090 Construction management techniques—Rules—Use—Information and training. (1) The
state board of education shall adopt rules for appropriate use
of the following construction management techniques: Value
engineering, constructibility review, building commissioning,
and construction management. Rules adopted under this
section shall:
(a) Define each technique as it applies to school
buildings;
(b) Describe the scope of work for each technique;
(c) Define the timing for implementing each technique
in the construction process;
(d) Determine the appropriate size of projects for the
use of each technique; and
(e) Determine standards for qualification and performance for each technique.
(2) Except as provided in rules adopted under subsection
(1)(d) of this section, in allocating state moneys provided
under this chapter, the state board of education shall include
in funding for each project, at the state matching percentage,
the cost of each of the construction management techniques
listed in subsection (1) of this section.
(3) When assigning priority and allocating state funds
for construction of common school facilities, the state board
of education shall consider the adequacy of the construction
management techniques used by a district and the compli(2002 Ed.)
Bond Issues
ance with the rules adopted under subsection (1) of this section.
(4) Except as provided in rules adopted under subsection
(1)(d) of this section, the construction management techniques in subsection (1) of this section shall be used on each
project submitted for approval by the state board of education.
(5)(a) School districts applying for state assistance for
school facilities shall:
(i) Cause value engineering, constructibility review, and
building commissioning to be performed by contract with a
professional firm specializing in those construction management techniques; and
(ii) Contract or employ personnel to perform professional construction management.
(b) All recommendations from the value engineering and
constructibility review construction techniques for a school
project shall be presented to the school district’s board of
directors for acceptance or rejection. If the board of
directors rejects a recommendation it shall provide a statement explaining the reasons for rejecting the recommendation and include the statement in the application for state
assistance to the state board of education.
(6) The office of the superintendent of public instruction
shall provide:
(a) An information and training program for school
districts on the use of the construction management techniques; and
(b) Consulting services to districts on the benefits and
best uses of these construction management techniques.
[1999 c 313 § 2.]
Findings—1999 c 313: "The legislature finds that certain construction
management techniques will improve the effectiveness of construction and
operation of new school buildings, and that such techniques, including value
engineering, constructibility reviews, building commissioning, and
professional construction management, will provide better value to the
taxpayers by reducing construction costs, improving building operations,
improving the building environment for the occupants, and reducing future
replacement costs." [1999 c 313 § 1.]
28A.525.120 1967 bond issue for construction,
modernization of school plant facilities—Authorized—
Sale, conditions—Form, terms, etc. For the purpose of
furnishing funds for state assistance to school districts in
providing common school plant facilities and modernization
of existing common school plant facilities, there shall be
issued and sold limited obligation bonds of the state of
Washington in the sum of twenty-two million dollars to be
paid and discharged in accordance with terms to be established by the finance committee. The issuance, sale and
retirement of said bonds shall be under the general supervision and control of the state finance committee: PROVIDED, That no part of the twenty-two million dollar bond
issue shall be sold unless there are insufficient funds in the
common school construction fund to meet appropriations
authorized by RCW 28A.525.120 through 28A.525.134 as
evidenced by a joint agreement entered into between the
governor and the superintendent of public instruction.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds, and the sale, issuance and redemption thereof. The covenants of said bonds may include but
(2002 Ed.)
28A.525.090
not be limited to a covenant for the creation, maintenance
and replenishment of a reserve account or accounts within
the common school building bond redemption fund of 1967
to secure the payment of the principal of and interest on said
bonds, into which it shall be pledged there will be paid, from
the same sources pledged for the payment of such principal
and interest, such amounts at such times which in the
opinion of the state finance committee are necessary for the
most advantageous sale of said bonds; a covenant that
additional bonds which may be authorized by the legislature
payable out of the same source or sources may be issued on
a parity with the bonds authorized in RCW 28A.525.120
through 28A.525.134 upon compliance with such conditions
as the state finance committee may deem necessary to effect
the most advantageous sale of the bonds authorized in RCW
28A.525.120 through 28A.525.134 and such additional
bonds; and if found reasonably necessary by the state finance
committee to accomplish the most advantageous sale of the
bonds authorized herein or any issue or series thereof, such
committee may select a trustee for the owners and holders of
such bonds or issue or series thereof and shall fix the rights,
duties, powers and obligations of such trustee. The money
in such reserve account or accounts and in such common
school construction fund may be invested in any investments
that are legal for the permanent common school fund of the
state, and any interest earned on or profits realized from the
sale of any such investments shall be deposited in such
common school building bond redemption fund of 1967.
None of the bonds herein authorized shall be sold for less
than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and upon any coupons attached
thereto. Such bonds shall be payable at such places as the
state finance committee may provide. [1990 c 33 § 440;
1970 ex.s. c 15 § 26; 1969 c 77 § 4; 1969 ex.s. c 223 §
28A.47.784. Prior: 1967 ex.s. c 56 § 1. Formerly RCW
28A.47.784.]
Severability—1970 ex.s. c 15: See note following RCW
28A.230.160.
28A.525.122 1967 bond issue for construction,
modernization of school plant facilities—Common school
building construction account—Created—Proceeds from
bond sale deposited in—Use. The common school building
construction account of the general fund is hereby created as
an account of the general fund and the proceeds from the
sale of the bonds authorized by RCW 28A.525.120 through
28A.525.134 shall be deposited therein and shall be used
exclusively for the purposes of carrying out the provisions of
RCW 28A.525.120 through 28A.525.134 and for payment of
the expense incurred in the printing, issuance and sale of
such bonds. [1990 c 33 § 441; 1969 ex.s. c 223 §
28A.47.785. Prior: 1967 ex.s. c 56 § 2. Formerly RCW
28A.47.785, 28.47.785.]
28A.525.124 1967 bond issue for construction,
modernization of school plant facilities—Bonds not
general obligation of state—Bonds, interest on, source for
[Title 28A RCW—page 185]
28A.525.124
Title 28A RCW: Common School Provisions
payment of—Pledge. Bonds issued under the provisions of
RCW 28A.525.120 through 28A.525.134 shall distinctly state
that they are not a general obligation bond of the state, but
are payable in the manner provided in RCW 28A.525.120
through 28A.525.134 from that portion of the common
school construction fund derived from the interest on the
permanent common school fund. That portion of the
common school construction fund derived from interest on
the permanent common school fund is hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 28A.525.120 through 28A.525.134.
[1990 c 33 § 442; 1969 ex.s. c 223 § 28A.47.786. Prior:
1967 ex.s. c 56 § 3. Formerly RCW 28A.47.786,
28.47.786.]
c 223 § 28A.47.788. Prior: 1967 ex.s. c 56 § 5. Formerly
RCW 28A.47.788.]
Common school construction fund: Chapter 28A.515 RCW.
28A.525.132 1967 bond issue for construction,
modernization of school plant facilities—Allotment of
funds appropriated from common school building
construction account or common school construction
fund—Local responsibility—Duties, rules and regulations
of state board of education. For the purpose of carrying
out the provisions of RCW 28A.525.120 through
28A.525.134 funds appropriated to the state board of
education from the common school building construction
account of the general fund or the common school construction fund shall be allotted by the state board of education in
accordance with the provisions of *RCW 28A.47.732
through 28A.47.748: PROVIDED, That no allotment shall
be made to a school district for the purpose aforesaid until
such district has provided funds for school building construction purposes through the issuance of bonds or through the
authorization of excess tax levies or both in an amount
equivalent to ten percent of its taxable valuation or such
amount as may be required by the state board of education.
The state board of education shall prescribe and make
effective such rules and regulations as are necessary to
equate insofar as possible the efforts made by school districts
to provide capital funds by the means aforesaid. [1990 c 33
§ 446; 1969 ex.s. c 223 § 28A.47.790. Prior: 1967 ex.s. c
56 § 7. Formerly RCW 28A.47.790, 28.47.790.]
28A.525.126 1967 bond issue for construction,
modernization of school plant facilities—Common school
building bond redemption fund of 1967—Created—Use—
Transfer of funds to—Prior charge against certain
common school construction fund moneys. The common
school building bond redemption fund of 1967 is hereby
created in the state treasury which fund shall be exclusively
devoted to the retirement of the bonds and interest authorized by RCW 28A.525.120 through 28A.525.134 and to the
retirement of and payment of interest on any additional
bonds which may be issued on a parity therewith. The state
finance committee shall, on or before June thirtieth of each
year, certify to the state treasurer the amount needed in the
ensuing twelve months to meet reserve account payments,
interest payments on and retirement of bonds payable out of
such common school building bond redemption fund of
1967. On July first of each year the state treasurer shall
transfer such amount to the common school building bond
redemption fund of 1967 from moneys in the common
school construction fund certified by the state finance
committee to be interest on the permanent common school
fund and such amount certified by the state finance committee to the state treasurer shall be a prior charge against that
portion of the common school construction fund derived
from interest on the permanent common school fund.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1990 c 33 § 443;
1969 c 77 § 5; 1969 ex.s. c 223 § 28A.47.787. Prior: 1967
ex.s. c 56 § 4. Formerly RCW 28A.47.787.]
28A.525.128 1967 bond issue for construction,
modernization of school plant facilities—Legislature may
provide additional means of revenue—General credit of
state not pledged. The legislature may provide additional
means for raising funds for the payment of interest and
principal of the bonds authorized by RCW 28A.525.120
through 28A.525.134 from any source or sources not
prohibited by the state Constitution and RCW 28A.525.120
through 28A.525.134 shall not be deemed to provide an
exclusive method of payment. The power given to the
legislature by this section is permissive and shall not be
construed to constitute a pledge of general credit of the state
of Washington. [1990 c 33 § 444; 1969 c 77 § 6; 1969 ex.s.
[Title 28A RCW—page 186]
28A.525.130 1967 bond issue for construction,
modernization of school plant facilities—Bonds are
negotiable, legal investment and security. The bonds
authorized in RCW 28A.525.120 through 28A.525.134 shall
be fully negotiable instruments and shall be legal investment
for all state funds or for funds under state control and all
funds of municipal corporations, and shall be legal security
for all state, county and municipal deposits. [1990 c 33 §
445; 1969 ex.s. c 223 § 28A.47.789. Prior: 1967 ex.s. c 56
§ 6. Formerly RCW 28A.47.789, 28.47.789.]
*Reviser’s note: RCW 28A.47.732 through 28A.47.748 were
repealed by 1983 c 189 § 1.
28A.525.134 1967 bond issue for construction,
modernization of school plant facilities—Appropriations
to state board of education—Allocation of, limitations.
There is hereby appropriated to the state board of education
the following sums, or so much thereof as may be necessary,
for the purpose of carrying out the provisions of RCW
28A.525.120 through 28A.525.134: (1) Twenty-two million
dollars from the common school building construction account and (2) twenty-nine million seven hundred forty-four
thousand five hundred and fifty-four dollars from the
common school construction fund including three million for
modernization of existing school facilities.
In accordance with RCW 28A.525.132, the state board
of education is authorized to allocate for the purposes of
carrying out the provisions of RCW 28A.525.120 through
28A.525.134 the sum of sixty-three million nine hundred
thousand dollars: PROVIDED, That expenditures against
such allocation shall not exceed the amount appropriated in
this section: PROVIDED FURTHER, That no part of the
(2002 Ed.)
Bond Issues
allocation provided in this section in excess of the total
amount appropriated by RCW 28A.525.120 through
28A.525.134 shall be allocated unless joint agreement of its
necessity shall be determined by the governor and the
superintendent of public instruction. [1990 c 33 § 447; 1969
ex.s. c 223 § 28A.47.791. Prior: 1967 ex.s. c 56 § 8.
Formerly RCW 28A.47.791, 28.47.791.]
28A.525.140 1969 bond issue for construction,
modernization of school plant facilities—Authorized—
Sale, conditions—Form, terms. For the purpose of
furnishing funds for state assistance to school districts in
providing common school plant facilities and modernization
of existing common school plant facilities, there shall be
issued and sold general obligation bonds of the state of
Washington in the sum of twenty-two million five hundred
thousand dollars to be paid and discharged in accordance
with terms to be established by the state finance committee.
The issuance, sale and retirement of said bonds shall be
under the general supervision and control of the state finance
committee: PROVIDED, That no part of the twenty-six
million four hundred thousand dollar bond issue shall be sold
unless there are insufficient funds in the common school
construction fund to meet appropriations authorized by RCW
28A.525.140 through 28A.525.154 as evidenced by a joint
agreement entered into between the governor and the
superintendent of public instruction.
The state finance committee is authorized to prescribe
the forms of such bonds; the provisions of sale of all or any
portion or portions of such bonds; the terms, provisions, and
covenants of said bonds, and the sale, issuance and redemption thereof. The covenants of said bonds may include but
not be limited to a covenant for the creation, maintenance
and replenishment of a reserve account or accounts within
the common school building bond redemption fund of 1967
to secure the payment of the principal of and interest on said
bonds, into which it shall be pledged there will be paid, from
the same sources pledged for the payment of such principal
and interest, such amounts at such times which in the
opinion of the state finance committee are necessary for the
most advantageous sale of said bonds; a covenant that
additional bonds which may be authorized by the legislature
payable out of the same source or sources may be issued on
a parity with the bonds authorized in RCW 28A.525.120
through 28A.525.134 and 28A.525.140 through 28A.525.154
upon compliance with such conditions as the state finance
committee may deem necessary to effect the most advantageous sale of the bonds authorized in RCW 28A.525.140
through 28A.525.154 and such additional bonds; and if
found reasonably necessary by the state finance committee
to accomplish the most advantageous sale of the bonds
authorized herein or any issue or series thereof, such
committee may select a trustee for the owners and holders of
such bonds or issue or series thereof and shall fix the rights,
duties, powers and obligations of such trustee. The money
in such reserve account or accounts and in such common
school construction fund may be invested in any investments
that are legal for the permanent common school fund of the
state, and any interest earned on or profits realized from the
sale of any such investments shall be deposited in such
common school building bond redemption fund of 1967.
(2002 Ed.)
28A.525.134
None of the bonds herein authorized shall be sold for less
than the par value thereof.
The committee may provide that the bonds, or any of
them, may be called prior to the maturity date thereof under
such terms, conditions, and provisions as it may determine
and may authorize the use of facsimile signatures in the
issuance of such bonds and upon any coupons attached
thereto. Such bonds shall be payable at such places as the
state finance committee may provide. [1990 c 33 § 448;
1985 ex.s. c 4 § 11; 1974 ex.s. c 108 § 1; 1971 ex.s. c 4 §
1; 1969 c 13 § 1. Formerly RCW 28A.47.792, 28.47.792.]
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
Severability—1969 c 13: "If any section, paragraph, sentence, clause,
phrase or word of this 1969 act shall be held to be invalid or unconstitutional, such 1969 act shall not affect nor impair the validity or constitutionality
of any other section, paragraph, sentence, clause, phrase or word of this
1969 act. It is hereby declared that had any section, paragraph, sentence,
clause, phrase or word as to which this 1969 act is declared invalid been
eliminated from the act at the time the same was considered, the act would
have nevertheless been enacted with such portions eliminated." [1969 c 13
§ 9.]
Rescinding authority to issue balance of bonds authorized under RCW
28A.525.140 through 28A.525.154: RCW 28A.525.158.
28A.525.142 1969 bond issue for construction,
modernization of school plant facilities—Proceeds from
bond sale deposited in common school building construction account—Use. The proceeds from the sale of the
bonds authorized herein shall be deposited in the common
school building construction account of the general fund and
shall be used exclusively for the purposes of carrying out the
provisions of *RCW 28A.47.742 through 28A.47.748, and
for payment of the expense incurred in the printing, issuance
and sale of such bonds. [1969 c 13 § 2. Formerly RCW
28A.47.793, 28.47.793.]
*Reviser’s note: RCW 28A.47.742 through 28A.47.748 were
repealed by 1983 c 189 § 1.
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.144 1969 bond issue for construction,
modernization of school plant facilities—Bonds not
general obligation of state—Bonds, interest on, source of
payment of—Pledge. Bonds issued under the provisions of
RCW 28A.525.140 through 28A.525.154 shall distinctly state
that they are a general obligation bond of the state of
Washington, shall pledge the full faith and credit of the state
to the payment of the principal thereof and the interest
thereon and shall contain an unconditional promise to pay
such principal and interest as the same shall become due.
The principal of and interest on such bonds shall be first
payable in the manner provided in RCW 28A.525.140
through 28A.525.154 from that portion of the common
school construction fund derived from the interest on the
permanent common school fund. That portion of the
common school construction fund derived from interest on
the permanent common school fund is hereby pledged to the
payment of any bonds and the interest thereon issued under
the provisions of RCW 28A.525.140 through 28A.525.154.
[1990 c 33 § 449; 1974 ex.s. c 108 § 2; 1969 c 13 § 3.
Formerly RCW 28A.47.794, 28.47.794.]
Severability—1969 c 13: See note following RCW 28A.525.140.
[Title 28A RCW—page 187]
28A.525.146
Title 28A RCW: Common School Provisions
28A.525.146 1969 bond issue for construction,
modernization of school plant facilities—Common school
building bond redemption fund of 1967—Use—Transfer
of funds to—Prior charge against certain common school
construction fund moneys. The common school building
bond redemption fund of 1967 has been created in the state
treasury which fund shall be exclusively devoted to the
retirement of the bonds and interest authorized by RCW
28A.525.120 through 28A.525.134 and 28A.525.140 through
28A.525.154 and to the retirement of and payment of interest
on any additional bonds which may be issued on a parity
therewith. The state finance committee shall, on or before
June thirtieth of each year, certify to the state treasurer the
amount needed in the ensuing twelve months to meet reserve
account payments, interest payments on and retirement of
bonds payable out of such common school building bond
redemption fund of 1967. On July first of each year the
state treasurer shall transfer such amount to the common
school building bond redemption fund of 1967 from moneys
in the common school construction fund certified by the state
finance committee to be interest on the permanent common
school fund and such amount certified by the state finance
committee to the state treasurer shall be a prior charge
against that portion of the common school construction fund
derived from interest on the permanent common school fund.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1990 c 33 § 450;
1971 ex.s. c 4 § 2; 1969 c 13 § 4. Formerly RCW
28A.47.795, 28.47.795.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.148 1969 bond issue for construction,
modernization of school plant facilities—Legislature may
provide additional means of revenue. The legislature may
provide additional means for raising funds for the payment
of interest and principal of the bonds authorized by RCW
28A.525.140 through 28A.525.154 from any source or
sources not prohibited by the state Constitution and RCW
28A.525.140 through 28A.525.154 shall not be deemed to
provide an exclusive method of payment. [1990 c 33 § 451;
1974 ex.s. c 108 § 3; 1971 ex.s. c 4 § 3; 1969 c 13 § 5.
Formerly RCW 28A.47.796, 28.47.796.]
state board of education. For the purpose of carrying out
the provisions of RCW 28A.525.140 through 28A.525.154
funds appropriated to the state board of education from the
common school building construction account of the general
fund shall be allotted by the state board of education in
accordance with the provisions of *RCW 28A.47.732
through 28A.47.748: PROVIDED, That no allotment shall
be made to a school district for the purpose aforesaid until
such district has provided funds for school building construction purposes through the issuance of bonds or through the
authorization of excess tax levies or both in an amount
equivalent to ten percent of its taxable valuation or such
amount as may be required by the state board of education.
The state board of education shall prescribe and make
effective such rules and regulations as are necessary to
equate insofar as possible the efforts made by school districts
to provide capital funds by the means aforesaid. [1990 c 33
§ 452; 1969 c 13 § 7. Formerly RCW 28A.47.798,
28.47.798.]
*Reviser’s note: RCW 28A.47.732 through 28A.47.748 were
repealed by 1983 c 189 § 1.
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.154 1969 bond issue for construction,
modernization of school plant facilities—Appropriations
to state board of education—Allocation of, limitations.
There is hereby appropriated to the state board of education
the following sums or so much thereof as may be necessary
for the purpose of carrying out the provisions of RCW
28A.525.140 through 28A.525.154: Twenty-six million four
hundred thousand dollars from the common school building
construction account of the general fund and five million
seven hundred and fifty-five thousand four hundred and
forty-six dollars from the common school construction fund.
In accordance with RCW 28A.525.152, the state board
of education is authorized to allocate for the purposes of
carrying out the provisions of RCW 28A.525.140 through
28A.525.154 the entire amount of such appropriation as
hereinabove in this section provided which is not already
allocated for that purpose: PROVIDED, That expenditures
against such allocation shall not exceed the amount appropriated in this section. [1990 c 33 § 453; 1969 c 13 § 8.
Formerly RCW 28A.47.799, 28.47.799.]
Severability—1969 c 13: See note following RCW 28A.525.140.
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.150 1969 bond issue for construction,
modernization of school plant facilities—Bonds are
negotiable, legal investment and security. The bonds
herein authorized shall be fully negotiable instruments and
shall be legal investment for all state funds or for funds
under state control and all funds of municipal corporations,
and shall be legal security for all state, county and municipal
deposits. [1969 c 13 § 6. Formerly RCW 28A.47.797,
28.47.797.]
Severability—1969 c 13: See note following RCW 28A.525.140.
28A.525.152 1969 bond issue for construction,
modernization of school plant facilities—Allotment of
funds appropriated from common school building
construction account—Local responsibility—Duties of
[Title 28A RCW—page 188]
28A.525.156 Bonds authorized under RCW
28A.525.120 through 28A.525.154 may be refunded—
Security. Any or all of the heretofore issued and outstanding bonds authorized by RCW 28A.525.120 through
28A.525.134 and 28A.525.140 through 28A.525.154 may be
refunded by the issuance of general obligation bonds of the
state of Washington pursuant to the provisions of chapter
39.53 RCW as heretofore or hereafter amended. Any such
refunding general obligation bonds shall be additionally
secured as to the payment thereof by a pledge of interest on
the permanent common school fund. [1990 c 33 § 454;
1974 ex.s. c 108 § 4. Formerly RCW 28A.47.7991.]
28A.525.158 Rescinding authority to issue balance
of bonds authorized under RCW 28A.525.140 through
28A.525.154. Authority to issue the balance of general obli(2002 Ed.)
Bond Issues
gation bonds authorized by chapter 13, Laws of 1969 and
unissued in the amount of three million nine hundred
thousand dollars is hereby rescinded. [1979 ex.s. c 241 §
13. Formerly RCW 28A.47.7992.]
Effective date—1979 ex.s. c 241: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [June 15, 1979]." [1979 ex.s. c 241 § 15.]
Severability—1979 ex.s. c 241: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 241 § 14.]
28A.525.160 1969 appropriation for construction,
modernization of school plant facilities. For the purpose
of furnishing funds for state assistance to school districts in
providing common school plant facilities and modernization
of existing common school plant facilities, there is hereby
appropriated from the common school construction fund the
sum of thirty-seven million, four thousand, four hundred
twenty-seven dollars. [1969 ex.s. c 244 § 1. Formerly
RCW 28A.47.800, 28.47.800.]
Severability—1969 ex.s. c 244: "If any section, paragraph, sentence,
clause, phrase or word of this act should be held to be invalid or unconstitutional, such act shall not affect nor impair the validity or constitutionality
of any other section, paragraph, sentence, clause, phrase or word of this act.
It is hereby declared that had any section, paragraph, sentence, clause,
phrase or word as to which this act is declared invalid been eliminated from
the act at the time the same was considered, the act would have nevertheless
been enacted with such portions eliminated." [1969 ex.s. c 244 § 16.]
28A.525.162 Allotment of appropriations for school
plant facilities by state board—Local school district
participation—Computing state matching percentage—
Rules. (1) Funds appropriated to the state board of education from the common school construction fund shall be
allotted by the state board of education in accordance with
student enrollment and the provisions of RCW 28A.525.200.
(2) No allotment shall be made to a school district until
such district has provided matching funds equal to or greater
than the difference between the total approved project cost
and the amount of state assistance to the district for financing the project computed pursuant to RCW 28A.525.166,
with the following exceptions:
(a) The state board may waive the matching requirement
for districts which have provided funds for school building
construction purposes through the authorization of bonds or
through the authorization of excess tax levies or both in an
amount equivalent to two and one-half percent of the value
of its taxable property, as defined in RCW 39.36.015.
(b) No such matching funds shall be required as a
condition to the allotment of funds for the purpose of
making major or minor structural changes to existing school
facilities in order to bring such facilities into compliance
with the barrier free access requirements of section 504 of
the federal rehabilitation act of 1973 (29 U.S.C. Sec. 706)
and rules implementing the act.
(3) For the purpose of computing the state matching
percentage under RCW 28A.525.166 when a school district
is granted authority to enter into contracts, adjusted valuation
per pupil shall be calculated using headcount student enrollments from the most recent October enrollment reports
(2002 Ed.)
28A.525.158
submitted by districts to the superintendent of public
instruction, adjusted as follows:
(a) In the case of projects for which local bonds were
approved after May 11, 1989:
(i) For districts which have been designated as serving
high school districts under RCW 28A.540.110, students
residing in the nonhigh district so designating shall be
excluded from the enrollment count if the student is enrolled
in any grade level not offered by the nonhigh district;
(ii) The enrollment of nonhigh school districts shall be
increased by the number of students residing within the
district who are enrolled in a serving high school district so
designated by the nonhigh school district under RCW
28A.540.110, including only students who are enrolled in
grade levels not offered by the nonhigh school district; and
(iii) The number of preschool students with disabilities
included in the enrollment count shall be multiplied by onehalf;
(b) In the case of construction or modernization of high
school facilities in districts serving students from nonhigh
school districts, the adjusted valuation per pupil shall be
computed using the combined adjusted valuations and
enrollments of each district, each weighted by the percentage
of the district’s resident high school students served by the
high school district; and
(c) The number of kindergarten students included in the
enrollment count shall be multiplied by one-half.
(4) The state board of education shall prescribe and
make effective such rules as are necessary to equate insofar
as possible the efforts made by school districts to provide
capital funds by the means aforesaid.
(5) For the purposes of this section, "preschool students
with disabilities" means developmentally disabled children of
preschool age who are entitled to services under RCW
28A.155.010 through 28A.155.100 and are not included in
the kindergarten enrollment count of the district. [1995 c 77
§ 24; 1990 c 33 § 455; 1989 c 321 § 1; 1980 c 154 § 18;
1974 ex.s. c 56 § 1; 1970 ex.s. c 42 § 5; 1969 ex.s. c 244 §
2. Formerly RCW 28A.47.801, 28.47.801.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Severability—1974 ex.s. c 56: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 56 § 9.]
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.164 Allotment of appropriations for school
plant facilities—Duties of board. In allotting the state
funds provided by RCW 28A.525.160 through 28A.525.182,
the state board of education shall:
(1) Prescribe rules and regulations not inconsistent with
RCW 28A.525.160 through 28A.525.182 governing the
administration, control, terms, conditions, and disbursement
of allotments to school districts to assist them in providing
school plant facilities;
(2) Approve, whenever the board deems such action
advisable, allotments to districts that apply for state assistance;
[Title 28A RCW—page 189]
28A.525.164
Title 28A RCW: Common School Provisions
(3) Authorize the payment of approved allotments by
warrant of the state treasurer; and
(4) In the event that the amount of state assistance
applied for pursuant to the provisions hereof exceeds the
funds available for such assistance during any biennium,
make allotments on the basis of the urgency of need for
school facilities in the districts that apply for assistance or
prorate allotments among such districts in conformity with
procedures and regulations applicable thereto which shall be
established by the board. [1990 c 33 § 456; 1989 c 321 §
2; 1974 ex.s. c 56 § 2; 1969 ex.s. c 244 § 3. Formerly
RCW 28A.47.802, 28.47.802.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.166 Allotment of appropriations for school
plant facilities—Basis of state aid for school plant.
Allocations to school districts of state funds provided by
RCW 28A.525.160 through 28A.525.182 shall be made by
the state board of education and the amount of state assistance to a school district in financing a school plant project
shall be determined in the following manner:
(1) The boards of directors of the districts shall determine the total cost of the proposed project, which cost may
include the cost of acquiring and preparing the site, the cost
of constructing the building or of acquiring a building and
preparing the same for school use, the cost of necessary
equipment, taxes chargeable to the project, necessary
architects’ fees, and a reasonable amount for contingencies
and for other necessary incidental expenses: PROVIDED,
That the total cost of the project shall be subject to review
and approval by the state board of education.
(2) The state matching percentage for a school district
shall be computed by the following formula:
The ratio of the school district’s adjusted valuation per
pupil divided by the ratio of the total state adjusted valuation
per pupil shall be subtracted from three, and then the result
of the foregoing shall be divided by three plus (the ratio of
the school district’s adjusted valuation per pupil divided by
the ratio of the total state adjusted valuation per pupil).
District adjusted
Total state ad3-valuation per
÷ justed valuation
Computed
pupil
per pupil
State
State = –––––––––––––––––––––––––––––––––– = –%AssistRatio
District adjusted
Total state adance
3+valuation per
÷ justed valuation
pupil
per pupil
PROVIDED, That in the event the percentage of state
assistance to any school district based on the above formula
is less than twenty percent and such school district is
otherwise eligible for state assistance under RCW
28A.525.160 through 28A.525.182, the state board of
education may establish for such district a percentage of
state assistance not in excess of twenty percent of the
approved cost of the project, if the state board finds that
such additional assistance is necessary to provide minimum
facilities for housing the pupils of the district.
(3) In addition to the computed percent of state assistance developed in (2) above, a school district shall be
entitled to additional percentage points determined by the
[Title 28A RCW—page 190]
average percentage of growth for the past three years. One
percent shall be added to the computed percent of state
assistance for each percent of growth, with a maximum of
twenty percent.
(4) The approved cost of the project determined in the
manner herein prescribed times the percentage of state
assistance derived as provided for herein shall be the amount
of state assistance to the district for the financing of the
project: PROVIDED, That need therefor has been established to the satisfaction of the state board of education:
PROVIDED, FURTHER, That additional state assistance
may be allowed if it is found by the state board of education
that such assistance is necessary in order to meet (a) a
school housing emergency resulting from the destruction of
a school building by fire, the condemnation of a school
building by properly constituted authorities, a sudden
excessive and clearly foreseeable future increase in school
population, or other conditions similarly emergent in nature;
or (b) a special school housing burden resulting from industrial projects of statewide significance or imposed by
virtue of the admission of nonresident students into educational programs established, maintained and operated in
conformity with the requirements of law; or (c) a deficiency
in the capital funds of the district resulting from financing,
subsequent to April 1, 1969, and without benefit of the state
assistance provided by prior state assistance programs, the
construction of a needed school building project or projects
approved in conformity with the requirements of such programs, after having first applied for and been denied state
assistance because of the inadequacy of state funds available
for the purpose, or (d) a condition created by the fact that an
excessive number of students live in state owned housing, or
(e) a need for the construction of a school building to
provide for improved school district organization or racial
balance, or (f) conditions similar to those defined under (a),
(b), (c), (d) and (e) hereinabove, creating a like emergency.
[1997 c 369 § 9; 1990 c 33 § 457; 1989 c 321 § 3; 1975 1st
ex.s. c 98 § 1; 1974 ex.s. c 56 § 3; 1969 ex.s. c 244 § 4.
Formerly RCW 28A.47.803, 28.47.803.]
Effective date—1975 1st ex.s. c 98: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 98 § 3.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
Industrial project of statewide significance—Defined: RCW 43.157.010.
28A.525.168 Allotment of appropriations for school
plant facilities—Taxable valuation and percentage of
state assistance to be used in determining eligibility.
Whenever the voters of a school district authorize the
issuance of bonds and/or the levying of excess taxes in an
amount sufficient to meet the requirements of RCW
28A.525.162 respecting eligibility for state assistance in
providing school facilities, the taxable valuation of the
district and the percentage of state assistance in providing
school facilities prevailing at the time of such authorization
shall be the valuation and the percentage used for the
purpose of determining the eligibility of the district for an
allotment of state funds and the amount or amounts of such
(2002 Ed.)
Bond Issues
allotments, respectively, for all projects for which the voters
authorize capital funds as aforesaid, unless a higher percentage of state assistance prevails on the date that state
funds for assistance in financing a project are allotted by the
state board of education in which case the percentage
prevailing on the date of allotment by the state board of
funds for each project shall govern: PROVIDED, That if the
state board of education determines at any time that there
has been undue or unwarranted delay on the part of school
district authorities in advancing a project to the point of
readiness for an allotment of state funds, the taxable valuation of the school district and the percentage of state
assistance prevailing on the date that the allotment is made
shall be used for the purposes aforesaid: PROVIDED,
FURTHER, That the date herein specified as applicable in
determining the eligibility of an individual school district for
state assistance and in determining the amount of such
assistance shall be applicable also to cases where it is
necessary in administering chapter 28A.540 RCW to determine eligibility for and the amount of state assistance for a
group of school districts considered as a single school
administrative unit. [1990 c 33 § 458; 1969 ex.s. c 244 § 5.
Formerly RCW 28A.47.804, 28.47.804.]
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.170 Allotment of appropriations for school
plant facilities—Additional allotment authorized—Effect
of allotment on future disbursements to district. If a
school district which has qualified for an allotment of state
funds under the provisions of RCW 28A.525.160 through
28A.525.182 for school building construction is found by the
state board of education to have a school housing emergency
requiring an allotment of state funds in excess of the amount
allocable under RCW 28A.525.166, an additional allotment
may be made to such district: PROVIDED, That the total
amount allotted shall not exceed ninety percent of the total
cost of the approved project which may include the cost of
the site and equipment. At any time thereafter when the
state board of education finds that the financial position of
such school district has improved through an increase in its
taxable valuation or through retirement of bonded indebtedness or through a reduction in school housing requirements,
or for any combination of these reasons, the amount of such
additional allotment, or any part of such amount as the state
board of education determines, shall be deducted, under
terms and conditions prescribed by the board, from any state
school building construction funds which might otherwise be
provided to such district. [1990 c 33 § 459; 1974 ex.s. c 56
§ 4; 1969 ex.s. c 244 § 6. Formerly RCW 28A.47.805,
28.47.805.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.172 Allotment of appropriations for school
plant facilities—Application by district for state assistance—Studies and surveys by state board. All applications by school districts for state assistance in providing
school plant facilities shall be made to the superintendent of
public instruction in conformity with rules and regulations
(2002 Ed.)
28A.525.168
which shall be prescribed by the state board of education.
Studies and surveys shall be conducted by the state board for
the purpose of securing information relating to (a) the kind
and extent of the school plant facilities required and the
urgency of need for such facilities in districts that seek state
assistance, (b) the ability of such districts to provide capital
funds by local effort, (c) the need for improvement of school
administrative units and school attendance areas among or
within such districts, and (d) any other pertinent matters.
[1969 ex.s. c 244 § 7. Formerly RCW 28A.47.806,
28.47.806.]
Severability—1969 ex.s. c 244: See note following RCW
28A.525.162.
28A.525.174 Allotment of appropriations for school
plant facilities—Manual, other materials to guide and
provide information to district. It shall be the duty of the
state board of education, in consultation with the Washington
state department of social and health services, to prepare a
manual and/or to specify other materials for the information
and guidance of local school district authorities and others
responsible for and concerned with the designing, planning,
maintenance and operation of school plant facilities for the
public schools. In so doing due consideration shall be given
to the presentation of information regarding (a) the need for
cooperative state-local district action in planning school plant
facilities arising out of the cooperative plan for financing
said facilities provided for in RCW 28A.525.160 through
28A.525.182; (b) procedures in inaugurating and conducting
a school plant planning program for a school district; (c)
standards for use in determining the selection and development of school sites and in designing, planning, and constructing school buildings to the end that the health, safety,
and educational well-being and development of school
children will be served; (d) the planning of readily expansible and flexible school buildings to meet the requirements of
an increasing school population and a constantly changing
educational program; (e) an acceptable school building
maintenance program and the necessity therefor; (f) the
relationship of an efficient school building operations service
to the health and educational progress of pupils; and (g) any
other matters regarded by the state board as pertinent or
related to the purposes and requirements of RCW
28A.525.160 through 28A.525.182. [1990 c 33 § 460; 1979
c 141 § 39; 1974 ex.s. c 56 § 5; 1969 ex.s. c 244 § 8.
Formerly RCW 28A.47.807, 28.47.807.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.176 Allotment of appropriations for school
plant facilities—State board to provide district with
consultatory, advisory service. The state board of education shall furnish to school districts seeking state assistance
under the provisions of RCW 28A.525.160 through
28A.525.182 consultatory and advisory service in connection
with the development of school building programs and the
planning of school plant facilities. [1990 c 33 § 461; 1974
ex.s. c 56 § 6; 1969 ex.s. c 244 § 9. Formerly RCW
28A.47.808, 28.47.808.]
[Title 28A RCW—page 191]
28A.525.176
Title 28A RCW: Common School Provisions
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.178 Allotment of appropriations for school
plant facilities—Modifiable basic or standard plans for
school buildings. Whenever in the judgment of the state
board of education economies may be effected without impairing the usefulness and adequacy of school buildings, said
board may prescribe rules and regulations and establish
procedures governing the preparation and use of modifiable
basic or standard plans for school building construction
projects for which state assistance funds provided by RCW
28A.525.160 through 28A.525.182 are allotted. [1990 c 33
§ 462; 1974 ex.s. c 56 § 7; 1969 ex.s. c 244 § 10. Formerly
RCW 28A.47.809, 28.47.809.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.180 Allotment of appropriations for school
plant facilities—Appropriation to be reduced by amount
of federal funds made available for school construction
except to federally affected areas. The total amount of
funds appropriated under the provisions of RCW
28A.525.160 through 28A.525.182 shall be reduced by the
amount of federal funds made available during each biennium for school construction purposes under any applicable
federal law. The funds appropriated by RCW 28A.525.160
through 28A.525.182 and available for allotment by the state
board of education shall be reduced by the amount of such
federal funds made available. Notwithstanding the foregoing
provisions of this section, the total amount of funds appropriated by RCW 28A.525.160 through 28A.525.182 shall not
be reduced by reason of any grants to any school district of
federal moneys paid under Public Law No. 815 or any other
federal act authorizing school building construction assistance to federally affected areas. [1990 c 33 § 463; 1974
ex.s. c 56 § 8; 1969 ex.s. c 244 § 11. Formerly RCW
28A.47.810, 28.47.810.]
Severability—1974 ex.s. c 56: See note following RCW
28A.525.162.
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.182 Allotment of appropriations for school
plant facilities—Permissible allocations. In accordance
with RCW 28A.525.162, the state board of education is
authorized to allocate for the purposes of carrying out the
provisions of RCW 28A.525.160 through 28A.525.180 the
sum of forty-three million, two hundred thousand dollars:
PROVIDED, That expenditures against such allocation shall
not exceed the amount appropriated in RCW 28A.525.160.
[1990 c 33 § 464; 1969 ex.s. c 244 § 12. Formerly RCW
28A.47.811, 28.47.811.]
Severability—1969 ex.s. c 244: See note following RCW
28A.525.160.
28A.525.190 Board limited when prioritizes construction. The state board of education shall prioritize the
[Title 28A RCW—page 192]
construction of common school facilities only from funds
appropriated and available in the common school construction fund. [1975 1st ex.s. c 98 § 2. Formerly RCW
28A.47.820.]
Effective date—1975 1st ex.s. c 98: See note following RCW
28A.525.166.
28A.525.200 Specific RCW sections enumerated
governing allocation and distribution of funds for school
plant facilities. Notwithstanding any other provision of
RCW 28A.525.010 through 28A.525.222, the allocation and
distribution of funds by the state board of education which
are now or may hereafter be appropriated for the purposes
of providing assistance in the construction of school plant
facilities shall be governed by RCW 28A.525.010 through
28A.525.080 and 28A.525.162 through 28A.525.178. [1990
c 33 § 465; 1985 c 136 § 2; 1977 ex.s. c 227 § 1. Formerly
RCW 28A.47.830.]
28A.525.210 1984 bond issue for construction,
modernization of school plant facilities—Intent. It is the
intent of the legislature to authorize general obligation bonds
of the state of Washington for common school plant facilities
which provides for the reimbursement of the state treasury
for principal and interest payments and which therefore is
not subject to the limitations on indebtedness under RCW
39.42.060. [1984 c 266 § 1. Formerly RCW 28A.47.840.]
Severability—1984 c 266: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1984 c 266 § 8.]
28A.525.212 1984 bond issue for construction,
modernization of school plant facilities—Authorized—
Sale. For the purpose of furnishing funds for state assistance to school districts in providing common school plant
facilities and modernization of existing common school plant
facilities, and to provide for the state administrative cost of
such projects, including costs of bond issuance and retirement, salaries and related costs of officials and employees of
the state, costs of credit enhancement agreements, and other
expenses incidental to the administration of capital projects,
the state finance committee is authorized to issue general
obligation bonds of the state of Washington in the sum of
forty million one hundred seventy thousand dollars, or so
much thereof as may be required, to finance these projects
and all costs incidental thereto.
Bonds authorized in this section may be sold in such
manner, at such time or times, in such amounts, and at such
price as the state finance committee shall determine. No
such bonds may be offered for sale without prior legislative
appropriation of the net proceeds of the sale of the bonds.
The state finance committee may obtain insurance or letters
of credit and may authorize the execution and delivery of
agreements, promissory notes, and other obligations for the
purpose of insuring the payment or enhancing the marketability of bonds authorized in this section. Promissory
notes or other obligations issued pursuant to this section
shall not constitute a debt or the contracting of indebtedness
under any constitutional or statutory indebtedness limitation
if their payment is conditioned upon the failure of the state
to pay the principal of or interest on the bonds with respect
(2002 Ed.)
Bond Issues
to which the same relate. [1985 ex.s. c 3 § 1; 1984 c 266 §
2. Formerly RCW 28A.47.841.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.214 1984 bond issue for construction,
modernization of school plant facilities—Proceeds
deposited in common school construction fund—Use.
The proceeds from the sale of the bonds authorized in RCW
28A.525.212 shall be deposited in the common school
construction fund and shall be used exclusively for the
purposes specified in RCW 28A.525.212 and section 887,
chapter 57, Laws of 1983 1st ex. sess. and for the payment
of expenses incurred in the issuance and sale of the bonds.
[1990 c 33 § 466; 1984 c 266 § 3. Formerly RCW
28A.47.842.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.216 1984 bond issue for construction,
modernization of school plant facilities—Proceeds—
Administered by state board of education. The proceeds
from the sale of the bonds deposited under RCW
28A.525.214 in the common school construction fund shall
be administered by the state board of education. [1990 c 33
§ 467; 1984 c 266 § 4. Formerly RCW 28A.47.843.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.218 1984 bond issue for construction,
modernization of school plant facilities—State general
obligation bond fund utilized for payment of principal
and interest—Committee’s and treasurer’s duties—Form
and condition of bonds. The state general obligation bond
retirement fund shall be used for the payment of the principal of and interest on the bonds authorized in RCW
28A.525.212. The state finance committee may provide that
a special account be created in such fund to facilitate
payment of such principal and interest.
The state finance committee shall, on or before June
30th of each year, certify to the state treasurer the amount
required for principal and interest on such bonds in accordance with the provisions of the bond proceedings. The
state treasurer shall withdraw from any general state revenues received in the state treasury and deposit in the general
obligation bond retirement fund, or a special account in such
fund, such amounts and at such times as are required by the
bond proceedings. On each date on which any interest or
principal and interest is due, the state treasurer shall cause an
identical amount to be transferred to the general fund of the
state treasury from that portion of the common school
construction fund derived from the interest on the permanent
common school fund. The transfers from the common
school construction fund shall be subject to all pledges, liens,
and encumbrances heretofore granted or created on the
portion of the fund derived from interest on the permanent
common school fund. Any deficiency in such transfer shall
be made up as soon as moneys are available for transfer and
shall constitute a continuing obligation of that portion of the
common school construction fund derived from the interest
on the permanent common school fund until all deficiencies
are fully paid.
Bonds issued under RCW 28A.525.212 shall state that
they are a general obligation of the state of Washington,
(2002 Ed.)
28A.525.212
shall pledge the full faith and credit of the state to the
payment of the principal thereof and the interest thereon, and
shall contain an unconditional promise to pay the principal
and interest as the same shall become due.
The owner and holder of each of the bonds or the
trustee for the owner and holder of any of the bonds may by
mandamus or other appropriate proceeding require the
transfer and payment of funds as directed in this section.
[1990 c 33 § 468; 1985 ex.s. c 3 § 2; 1984 c 266 § 5.
Formerly RCW 28A.47.844.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.220 1984 bond issue for construction,
modernization of school plant facilities—Legislature may
provide additional means for payment. The legislature
may provide additional means for raising moneys for the
payment of the principal of and interest on the bonds
authorized in RCW 28A.525.212 and 28A.525.218 shall not
be deemed to provide an exclusive method for the payment.
[1990 c 33 § 469; 1984 c 266 § 6. Formerly RCW
28A.47.845.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.222 1984 bond issue for construction,
modernization of school plant facilities—Bonds as legal
investment for public funds. The bonds authorized in
RCW 28A.525.212 shall be a legal investment for all state
funds or funds under state control and for all funds of any
other public body. [1990 c 33 § 470; 1984 c 266 § 7.
Formerly RCW 28A.47.846.]
Severability—1984 c 266: See note following RCW 28A.525.210.
28A.525.230 Bonds authorized—Amount—As
compensation for sale of timber—Sale, conditions. For
the purpose of furnishing funds for state assistance to school
districts in providing for the construction of common school
plant facilities, the state finance committee is hereby
authorized to issue general obligation bonds of the state of
Washington in the sum of twenty-two million seven hundred
thousand dollars or so much thereof as may be required to
provide state assistance to local school districts for the
construction of common school plant facilities and to
compensate the common school construction fund for the
sale of timber from common school, indemnity, and escheat
trust lands sold to the parks and recreation commission prior
to March 13, 1980, pursuant to RCW *43.51.270 and
**43.51.280. The amount of bonds issued under RCW
28A.525.230 through 28A.525.300 shall not exceed the fair
market value of the timber. No bonds authorized by RCW
28A.525.230 through 28A.525.300 shall be offered for sale
without prior legislative appropriation and these bonds shall
be paid and discharged in not more than thirty years of the
date of issuance. [1990 c 33 § 471; 1985 ex.s. c 4 § 12;
1980 c 141 § 1. Formerly RCW 28A.47B.010.]
Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
[Title 28A RCW—page 193]
28A.525.240
Title 28A RCW: Common School Provisions
28A.525.240 Bond anticipation notes—Authorized—
Payment. When the state finance committee has determined
to issue the general obligation bonds or a portion thereof as
authorized in RCW 28A.525.230 it may, pending the
issuance thereof, issue in the name of the state temporary
notes in anticipation of the issuance of the bonds, which
notes shall be designated as "bond anticipation notes." Such
portion of the proceeds of the sale of bonds as may be
required for the payment of the principal of and redemption
premium, if any, and interest on the notes shall be applied
thereto when the bonds are issued. [1990 c 33 § 472; 1980
c 141 § 2. Formerly RCW 28A.47B.020.]
28A.525.250 Form, terms, conditions, sale and
covenants of bonds and notes. The state finance committee
is authorized to prescribe the form, terms, conditions, and
covenants of the bonds and the bond anticipation notes
authorized by this chapter, the time or times of sale of all or
any portion of them, and the conditions and manner of their
sale and issuance.
Each bond and bond anticipation note shall pledge the
full faith and credit of the state of Washington and shall
contain an unconditional promise to pay the principal thereof
and interest thereon when due. [1980 c 141 § 3. Formerly
RCW 28A.47B.030.]
28A.525.260 Disposition of proceeds from sale of
bonds and notes—Use. Except for that portion of the
proceeds required to pay bond anticipation notes, the proceeds from the sale of the bonds and bond anticipation notes
authorized by RCW 28A.525.230 through 28A.525.300, and
any interest earned on the proceeds, together with all grants,
donations, transferred funds, and all other moneys which the
state finance committee may direct the state treasurer to
deposit therein, shall be deposited in the common school
construction fund and shall be used exclusively for the
purposes of carrying out RCW 28A.525.230 through
28A.525.300, and for payment of the expense incurred in the
printing, issuance and sale of the bonds. [1990 c 33 § 473;
1980 c 141 § 4. Formerly RCW 28A.47B.040.]
28A.525.270 State general obligation bond retirement fund utilized for payment of bond principal and
interest—Procedure. The state general obligation bond retirement fund shall be used for the payment of the principal
of and interest on the bonds authorized by RCW
28A.525.230 through 28A.525.300.
The state finance committee, on or before June 30th of
each year, shall certify to the state treasurer the amounts
required in the next succeeding twelve months for the
payment of the principal of and the interest coming due on
the bonds and the dates on which the payments are due.
The state treasurer, not less than thirty days prior to the date
on which any interest or principal and interest payment is
due, shall withdraw from any general state revenues or any
other funds constitutionally available and received in the
state treasury and deposit in the state general obligation bond
retirement fund an amount equal to the amount certified by
the state finance committee to be due on the payment date.
[1990 c 33 § 474; 1980 c 141 § 5. Formerly RCW
28A.47B.050.]
[Title 28A RCW—page 194]
28A.525.280 Bonds as legal investment for public
funds. The bonds authorized by RCW 28A.525.230 through
28A.525.300 shall constitute a legal investment for all state
funds or for funds under state control and all funds of
municipal corporations. [1990 c 33 § 475; 1980 c 141 § 6.
Formerly RCW 28A.47B.060.]
28A.525.290 Chapter provisions as limited by other
statutes, covenants and proceedings. No provisions of
RCW 28A.525.230 through 28A.525.300 shall be deemed to
repeal, override, or limit any provision of RCW 28A.525.120
through 28A.525.182, nor any provision or covenant of the
proceedings of the state finance committee acting for and on
behalf of the state of Washington heretofore or hereafter
taken in the issuance of its revenue or general obligation
bonds secured by a pledge of the interest earnings of the
permanent common school fund under these statutes. [1990
c 33 § 476; 1980 c 141 § 7. Formerly RCW 28A.47B.070.]
28A.525.300 Proceeds from sale of bonds as compensation for sale of timber from trust lands. The
proceeds received from the sale of the bonds issued under
RCW 28A.525.230 through 28A.525.300 which are deposited in the common school construction fund and available for
common school construction purposes shall serve as total
compensation to the common school construction fund for
the proceeds from the sale of timber from trust lands sold
prior to March 13, 1980, to the state parks and recreation
commission pursuant to RCW *43.51.270 and **43.51.280
which are required to be deposited in the common school
construction fund. The superintendent of public instruction
and the state board of education shall expend by June 30,
1981, the proceeds received from the bonds issued under
RCW 28A.525.230 through 28A.525.300. [1990 c 33 § 477;
1980 c 141 § 8. Formerly RCW 28A.47B.080.]
Reviser’s note: *(1) RCW 43.51.270 was recodified as RCW
79A.05.210 pursuant to 1999 c 249 § 1601.
**(2) RCW 43.51.280 was repealed by 1995 c 211 § 6, effective July
1, 1995.
28A.525.310 Proceeds from voter-approved bonds,
voter-approved levies, and other funding—Use for
installment purchase contracts and leases with options to
purchase. The board of directors of any school district may
use the proceeds of voter-approved bonds, voter-approved
levies, state allocations for financial assistance, or other
funds available to the district for: (1) Payment of an
installment purchase contract for school plant facilities; or
(2) payments under any financing lease the term of which is
ten years or longer and that contains an option by the school
district to purchase the leased property for nominal consideration. The authority granted by this section for the use of
moneys from such sources is in addition to, and not in
limitation of, any other authority provided by law, and the
proceeds of voter-approved bonds or tax levies may be used
for such payments to the full extent allowed by Article VII,
section 2 of the state Constitution. [1999 c 386 § 2.]
(2002 Ed.)
District Bonds for Land, Buildings, and Equipment
Chapter 28A.530
DISTRICT BONDS FOR LAND, BUILDINGS,
AND EQUIPMENT
Sections
28A.530.010
28A.530.020
28A.530.030
28A.530.040
28A.530.050
28A.530.060
28A.530.070
28A.530.080
Directors may borrow money, issue bonds.
Bond issuance—Election—Resolution to specify purposes.
Disposition of bond proceeds—Capital projects fund.
Refunding former issues without vote of the people.
Holder to notify treasurer—Redemption.
Expense of county treasurer.
Exchange of warrants for bonds.
Additional authority to contract indebtedness.
28A.530.010 Directors may borrow money, issue
bonds. The board of directors of any school district may
borrow money and issue negotiable bonds therefor for the
purpose of:
(1) Funding outstanding indebtedness or bonds theretofore issued; or
(2) For the purchase of sites for all buildings, playgrounds, physical education and athletic facilities and
structures authorized by law or necessary or proper to carry
out the functions of a school district; or
(3) For erecting all buildings authorized by law, including but not limited to those mentioned in subsection (2) of
this section immediately above or necessary or proper to
carry out the functions of a school district, and providing the
necessary furniture, apparatus, or equipment therefor; or
(4) For improving the energy efficiency of school
district buildings and/or installing systems and components
to utilize renewable and/or inexhaustible energy resources;
or
(5) For major and minor structural changes and structural additions to buildings, structures, facilities and sites
necessary or proper to carrying out the functions of the
school district; or
(6) For payment of (a) an installment purchase contract
for school plant facilities or (b) a financing lease the term of
which is ten years or longer and that contains an option by
the school district to purchase the leased property for
nominal consideration, but only to the extent such payment
constitutes a capital expenditure; or
(7) For any or all of these and other capital purposes.
Neither the amount of money borrowed nor bonds
issued therefor shall exceed the limitation of indebtedness
prescribed by chapter 39.36 RCW, as now or hereafter
amended.
Except for bonds issued under RCW 28A.530.080,
bonds may be issued only when authorized by the vote of
the qualified electors of the district as provided by law.
The bonds shall be issued and sold in accordance with
chapter 39.46 RCW. [1999 c 386 § 3; 1991 c 114 § 3; 1984
c 186 § 10; 1983 c 167 § 21; 1980 c 170 § 1; 1970 ex.s. c
42 § 7; 1969 c 142 § 2; 1969 ex.s. c 223 § 28A.51.010.
Prior: 1953 c 163 § 1; 1927 c 99 § 1; 1921 c 147 § 1; 1919
c 90 § 12; 1909 c 97 p 324 § 1; RRS § 4941; prior: 1907
c 240 § 7 1/2; 1907 c 101 § 1; 1903 c 153 § 1; 1897 c 118
§ 117; 1890 p 45 § 1. Formerly RCW 28A.51.010,
28.51.010, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
(2002 Ed.)
Chapter 28A.530
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Validation—1969 c 142: See RCW 39.36.900.
School funds enumerated—Deposits—Uses—Energy audits: RCW
28A.320.330.
28A.530.020 Bond issuance—Election—Resolution
to specify purposes. (1) The question whether the bonds
shall be issued, as provided in RCW 28A.530.010, shall be
determined at an election to be held pursuant to RCW
39.36.050. If a majority of the votes cast at such election
favor the issuance of such bonds, the board of directors must
issue such bonds: PROVIDED, That if the amount of bonds
to be issued, together with any outstanding indebtedness of
the district that only needs a simple majority voter approval,
exceeds three-eighths of one percent of the value of the
taxable property in said district, as the term "value of the
taxable property" is defined in RCW 39.36.015, then threefifths of the votes cast at such election must be in favor of
the issuance of such bonds, before the board of directors is
authorized to issue said bonds.
(2) The resolution adopted by the board of directors
calling the election in subsection (1) of this section shall
specify the purposes of the debt financing measure, including
the specific buildings to be constructed or remodeled and
any additional specific purposes as authorized by RCW
28A.530.010. If the debt financing measure anticipates the
receipt of state financing assistance under chapter 28A.525
RCW, the board resolution also shall describe the specific
anticipated purpose of the state assistance. If the school
board subsequently determines that state or local circumstances should cause any alteration to the specific expenditures from the debt financing or of the state assistance, the
board shall first conduct a public hearing to consider those
circumstances and to receive public testimony. If the board
then determines that any such alterations are in the best
interests of the district, it may adopt a new resolution or
amend the original resolution at a public meeting held subsequent to the meeting at which public testimony was
received. [1996 c 48 § 1; 1990 c 33 § 478; 1984 c 186 §
11; 1970 ex.s. c 42 § 9; 1969 ex.s. c 223 § 28A.51.020.
Prior: 1909 c 97 p 324 § 2; RRS § 4942; prior: 1897 c 118
§ 118; 1890 p 46 § 2. Formerly RCW 28A.51.020,
28.51.020, 28.51.050, part.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
28A.530.030 Disposition of bond proceeds—Capital
projects fund. When the bonds have been sold, the county
treasurer shall place the money derived from such sale to the
credit of the capital projects fund of the district, and such
fund is hereby created. [1984 c 186 § 12; 1983 c 167 § 24;
1979 ex.s. c 257 § 1; 1969 ex.s. c 223 § 28A.51.070. Prior:
1911 c 88 § 1; 1909 c 97 p 326 § 4; RRS § 4944; prior:
1907 c 240 § 9; 1905 c 142 § 7; 1897 c 118 § 120; 1890 p
47 § 4. Formerly RCW 28A.51.070, 28.51.070, 28.51.080,
28.51.090, 28.51.100, and 28.51.110.]
Purpose—1984 c 186: See note following RCW 39.46.110.
[Title 28A RCW—page 195]
28A.530.030
Title 28A RCW: Common School Provisions
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Severability—1979 ex.s. c 257: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 257 § 3.]
28A.530.040 Refunding former issues without vote
of the people. Whenever any bonds lawfully issued by any
school district under the provisions of this chapter shall
reach maturity and shall remain unpaid, or may be paid
under any option provided in the bonds, the board of
directors thereof shall have the power without any vote of
the school district to fund the same by issuing bonds
conformable to the requirements of this chapter and use the
proceeds exclusively for the purpose of retiring and canceling such outstanding bonds as aforesaid, or the said directors
in their discretion may exchange such refunding bonds par
for par for such outstanding bonds. [1984 c 186 § 13; 1983
c 167 § 25; 1969 ex.s. c 223 § 28A.51.180. Prior: 1969
ex.s. c 232 § 66; 1945 c 32 § 1; 1909 c 97 p 329 § 12;
Rem. Supp. 1945 § 4952; prior: 1897 c 118 § 124, part;
1890 p 48 § 8, part. Formerly RCW 28A.51.180,
28.51.180.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
28A.530.050 Holder to notify treasurer—
Redemption. Every holder of any of the bonds so issued as
a bearer bond as provided in this chapter, within ten days
after the owner becomes the owner or holder thereof, shall
notify the county treasurer of the county in which such
bonds are issued of his or her ownership, together with his
or her full name and post office address, and the county
treasurer of said county shall deposit in the post office,
properly stamped and addressed to each owner of any such
bonds subject to redemption or payment, a notice in like
form, stating the time and place of the redemption of such
bonds and the number of the bonds to be redeemed, and in
case any owners of bonds shall fail to notify the treasurer of
their ownership as aforesaid, then a notice mailed to the last
holder of such bonds shall be deemed sufficient, and any and
all such notices so mailed as aforesaid shall be deemed to be
personal notice to the holders of such bonds, and at the
expiration of the time therein named shall have the force to
suspend the interest upon any such bonds. [1990 c 33 §
479; 1983 c 167 § 26; 1969 ex.s. c 223 § 28A.51.190.
Prior: 1909 c 97 p 330 § 13; RRS § 4953; prior: 1897 c
118 § 125; 1890 p 49 § 9. Formerly RCW 28A.51.190,
28.51.190.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
28A.530.060 Expense of county treasurer. At any
time after the issuance of such bonds as in this chapter
provided, and in the discharge of the duties imposed upon
said county treasurer, should any incidental expense, costs or
charges arise, the said county treasurer shall present his or
her claim for the same to the board of directors of the school
[Title 28A RCW—page 196]
district issuing such bonds, and the same shall be audited
and paid in the same manner as other services are paid under
the provisions of law. [1990 c 33 § 480; 1969 ex.s. c 223
§ 28A.51.200. Prior: 1909 c 97 p 330 § 14; RRS § 4954;
prior: 1897 c 118 § 126; 1890 p 50 § 10. Formerly RCW
28A.51.200, 28.51.200.]
28A.530.070 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as in this
chapter provided, the owners of unpaid warrants drawn on
the county treasurer by such district for an indebtedness
existing at the date of the election may exchange said
warrants at the face value thereof and accrued interest
thereon for bonds issued under this chapter, at not less than
par value and accrued interest of such bonds at the time of
the exchange; such exchange to be made under such regulations as may be provided by the board of directors of such
district. [1983 c 167 § 27; 1969 ex.s. c 223 § 28A.51.220.
Prior: 1909 c 97 p 327 § 5; RRS § 4945. Formerly RCW
28A.51.220, 28.51.220.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
28A.530.080 Additional authority to contract
indebtedness. In addition to the authority granted under
RCW 28A.530.010, a school district may contract indebtedness for any purpose specified in RCW 28A.530.010 (2), (4),
and (5) or for the purpose of purchasing any real or personal
property, or property rights, in connection with the exercise
of any powers or duties which it is now or hereafter authorized to exercise, and issue bonds, notes, or other evidences
of indebtedness therefor without a vote of the qualified
electors of the district, subject to the limitations on indebtedness set forth in RCW 39.36.020(3). Such bonds, notes, or
other evidences of indebtedness shall be issued and sold in
accordance with chapter 39.46 RCW, and the proceeds
thereof shall be deposited in the capital projects fund, the
transportation vehicle fund, or the general fund, as applicable. [1999 c 314 § 2; 1991 c 114 § 1.]
Findings—Intent—1999 c 314: "The legislature finds that current
law authorizes school districts to use nonvoter-approved debt to acquire real
or personal property but not to construct or repair school district property.
It is the intent of the legislature to authorize school districts to use nonvoterapproved debt, within existing debt limits, to finance the acquisition,
remodel, and repair of school facilities." [1999 c 314 § 1.]
Chapter 28A.535
VALIDATING INDEBTEDNESS
Sections
28A.535.010
28A.535.020
28A.535.030
28A.535.040
28A.535.050
28A.535.060
28A.535.070
28A.535.080
Authority to validate indebtedness.
Resolution providing for election—Vote required to
validate.
Notice of election.
Manner and result of election.
Authority to borrow, issue bonds.
Exchange of warrants for bonds.
Notice to county treasurer of authority to issue
bonds—Annual levy for payment of interest and
principal on bonds—Penalty against officer for
expenditures in excess of revenues.
Validating indebtedness proceedings after merger.
(2002 Ed.)
Validating Indebtedness
28A.535.010 Authority to validate indebtedness.
Any school district may validate and ratify the indebtedness
of such school district, incurred for strictly school purposes,
when the same together with all then outstanding legal
indebtedness does not exceed that amount permitted for
school districts in RCW 39.36.020 (1) and (3). The value of
taxable property in such school district shall be ascertained
as provided in Article eight, section six, Amendment 27, of
the Constitution of the state of Washington. [1969 ex.s. c
223 § 28A.52.010. Prior: 1909 c 97 p 331 § 1; RRS §
4956; prior: 1897 c 118 § 128; 1895 c 21 § 1. Formerly
RCW 28A.52.010, 28.52.010.]
Reviser’s note: The above reference to RCW 39.36.020 (1) and (3)
was apparently based upon the 1967 version of that section [1967 c 107 §
4]; the contents and organization of that section have been altered by
subsequent amendments.
28A.535.020 Resolution providing for election—
Vote required to validate. Whenever the board of directors
of any school district shall deem it advisable to validate and
ratify the indebtedness mentioned in RCW 28A.535.010,
they shall provide therefor by resolution, which shall be
entered on the records of such school district, which resolution shall provide for the holding of an election for the
purpose of submitting the question of validating and ratifying
the indebtedness so incurred to the voters of such school
district for approval or disapproval, and if at such election
three-fifths of the voters in such school district voting at
such election shall vote in favor of the validation and
ratification of such indebtedness, then such indebtedness so
validated and ratified and every part thereof existing at the
time of the adoption of said resolution shall thereby become
and is hereby declared to be validated and ratified and a
binding obligation upon such school district. [1996 c 48 §
2; 1995 c 111 § 1; 1990 c 33 § 481; 1969 ex.s. c 223 §
28A.52.020. Prior: 1909 c 97 p 331 § 2; RRS § 4957;
prior: 1897 c 118 § 129; 1895 c 21 § 2. Formerly RCW
28A.52.020, 28.52.020.]
28A.535.030 Notice of election. At the time of the
adoption of the resolution provided for in RCW
28A.535.020, the board of directors shall direct the school
district superintendent to give notice to the county auditor of
the suggested time and purpose of such election, and
specifying the amount and general character of the indebtedness proposed to be ratified. Such superintendent shall also
cause written or printed notices to be posted in at least five
places in such school district at least twenty days before
such election. In addition to his or her other duties relating
thereto, the county auditor shall give notice of such election
as provided for in RCW 29.27.080. [1990 c 33 § 482; 1969
ex.s. c 223 § 28A.52.030. Prior: 1909 c 97 p 332 § 3; RRS
§ 4958; prior: 1897 c 118 § 131; 1895 c 21 § 4. Formerly
RCW 28A.52.030, 28.52.030.]
28A.535.040 Manner and result of election.
Elections hereunder shall be by ballot, and conducted in the
manner provided for conducting annual school elections.
The ballot must contain the words, "Validating and ratifying
indebtedness, yes," or the words, "Validating and ratifying
indebtedness, no." Ballots containing the words, "Validating
(2002 Ed.)
28A.535.010
and ratifying indebtedness, yes," shall be counted in favor of
validating and ratifying such indebtedness, and ballots
containing the words, "Validating and ratifying indebtedness,
no," shall be counted against validating and ratifying such
indebtedness. At their next meeting following ascertainment
of the result of the election from the county auditor, the
board of directors of any such district holding such an
election shall cause to be entered a minute thereof on the
records of such district. The qualifications of voters at such
election shall be the same as prescribed for the election of
school officials. [1969 ex.s. c 223 § 28A.52.040. Prior:
1909 c 97 p 332 § 4; RRS § 4959; prior: 1897 c 118 § 130;
1895 c 21 § 3. Formerly RCW 28A.52.040, 28.52.040.]
Conduct of elections, canvass: RCW 29.13.040.
28A.535.050 Authority to borrow, issue bonds. If
the indebtedness of such school district is validated and
ratified, as provided in this chapter, by three-fifths of the
voters voting at such election, the board of directors of such
school district, without any further vote, may borrow money
and issue and sell negotiable bonds therefor in accordance
with chapter 39.46 RCW. [1984 c 186 § 14; 1983 c 167 §
28; 1975 c 43 § 2; 1969 ex.s. c 223 § 28A.52.050. Prior:
1909 c 97 p 333 § 5; RRS § 4960; prior: 1897 c 118 § 132;
1895 c 21 § 5. Formerly RCW 28A.52.050, 28.52.050.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—1975 c 43: "The effective date of this amendatory
act shall be July 1, 1975." [1975 c 43 § 37.]
Severability—1975 c 43: "If any provision of this amendatory act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1975 c 43 § 38.]
28A.535.060 Exchange of warrants for bonds. If
bonds issued under this chapter are not sold as herein
provided, the owners of unpaid warrants drawn on the
county treasurer by such district for an indebtedness existing
at the time of the adoption of the resolution mentioned in
RCW 28A.535.020, may exchange said warrants at the face
value thereof and accrued interest thereon for bonds issued
under this chapter, at not less than par value and accrued
interest of such bonds at the time of the exchange; such
exchange to be made under such regulations as may be
provided by the board of directors of such district. [1990 c
33 § 483; 1983 c 167 § 30; 1969 ex.s. c 223 § 28A.52.060.
Prior: 1909 c 97 p 334 § 7; RRS § 4962; prior: 1897 c 118
§ 134; 1895 c 21 § 7. Formerly RCW 28A.52.060,
28.52.060.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
28A.535.070 Notice to county treasurer of authority
to issue bonds—Annual levy for payment of interest and
principal on bonds—Penalty against officer for expenditures in excess of revenues. When authorized to issue
bonds, as provided in this chapter the board of directors shall
immediately cause to be sent to the appropriate county
treasurer, notice thereof. The county officials charged by
law with the duty of levying taxes for the payment of said
[Title 28A RCW—page 197]
28A.535.070
Title 28A RCW: Common School Provisions
bonds and interest shall do so as provided in RCW
39.46.110.
The annual expense of such district shall not thereafter
exceed the annual revenue thereof, and any officer of such
district who shall knowingly aid in increasing the annual
expenditure in excess of the annual revenue of such district,
in addition to any other penalties, whether civil or criminal,
as provided by law, shall be deemed to be guilty of a
misdemeanor, and shall be punished by a fine not exceeding
five hundred dollars. [1985 c 7 § 90; 1969 ex.s. c 223 §
28A.52.070. Prior: 1909 c 97 p 335 § 8; RRS § 4963;
prior: 1897 c 118 § 135; 1895 c 21 § 8. Formerly RCW
28A.52.070, 28.52.070.]
28A.535.080 Validating indebtedness proceedings
after merger. In case any school district has heretofore
incurred, or shall hereafter incur, indebtedness for strictly
school purposes and has heretofore, or shall hereafter,
become merged with another district as provided in *RCW
28A.315.010 through 28A.315.680 and 28A.315.900, the
directors of the last named district may, after such merger,
cause to be submitted to the voters within the limits of the
district which incurred the obligations, the question of
validating and ratifying such indebtedness. The vote shall be
taken and the question determined in the manner prescribed
in RCW 28A.535.020, 28A.535.030, and 28A.535.040. The
directors of the district to which the district incurring the
obligations was merged shall make provisions for payment
of the indebtedness so validated by certifying the amount
thereof in the manner prescribed in RCW 28A.535.070:
PROVIDED, Such enlarged district may pay a part, or all,
of such validating indebtedness from any funds available or
by issuing bonds therefor when such enlarged district has
taken over property of any district and in making such
adjustment and apportionment as provided in *RCW
28A.315.010 through 28A.315.680 and 28A.315.900, the
value of the property received shall be found to exceed the
total indebtedness of the district annexed to the extent of
such value over the total indebtedness of the district annexed. [1990 c 33 § 484; 1969 ex.s. c 223 § 28A.52.080.
Prior: 1913 c 136 § 1; RRS § 4964. Formerly RCW
28A.52.080, 28.52.080.]
*Reviser’s note: RCW 28A.315.010 through 28A.315.680 and
28A.315.900 were repealed or recodified by 1999 c 315.
Chapter 28A.540
CAPITAL FUND AID BY NONHIGH
SCHOOL DISTRICTS
28A.540.110
Designation of high school district nonhigh district
students shall attend—Effect when attendance
otherwise.
28A.540.010 High school facilities defined. High
school facilities shall mean buildings for occupancy by
grades nine through twelve and equipment and furniture for
such buildings and shall include major alteration or major
remodeling of buildings and the acquisition of new sites and
of additions to existing sites, and improvement of sites but
only when included as a part of a general plan for the
construction, equipping and furnishing of a building or of an
alteration or addition to a building. The term shall also (1)
include that portion of any building, alteration, equipment,
furniture, site and improvement of site allocated to grade
nine when included in a plan for facilities to be occupied by
grades seven through nine and (2) includes such facilities for
grades seven and eight when included in a plan as aforesaid,
if the regional committee on school district organization
finds that students of these grades who reside in any nonhigh
school districts involved are now attending school in the
high school district involved under an arrangement which
likely will be continued. [1985 c 385 § 31; 1969 ex.s. c 223
§ 28A.56.005. Prior: 1959 c 262 § 2. Formerly RCW
28A.56.005, 28.56.005.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.020 Plan for nonhigh district to provide
capital funds in aid of high school district. Upon receipt
of a written request from the board of directors of a high
school district or a nonhigh school district that presents to
the regional committee on school district organization
satisfactory evidence of a need for high school facilities to
be located therein and of ability to provide such facilities,
the regional committee shall prepare a plan for participation
by any nonhigh school district or districts in providing
capital funds to pay the costs of such school facilities and
equipment to be provided for the education of students
residing in the school districts. Prior to submission of the
aforesaid request the board of directors of the school district
concerned therewith shall determine the nature and extent of
the high school facilities proposed to be provided, the
approximate amount of local capital funds required to pay
the cost thereof, and the site or sites upon which the proposed facilities are to be located, and shall submit a report
thereon to the regional committee along with the aforesaid
request. [1985 c 385 § 32; 1969 ex.s. c 223 § 28A.56.010.
Prior: 1959 c 262 § 1; 1955 c 344 § 1; 1953 c 229 § 1.
Formerly RCW 28A.56.010, 28.56.010.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Sections
28A.540.010
28A.540.020
28A.540.030
28A.540.040
28A.540.050
28A.540.060
28A.540.070
28A.540.080
28A.540.090
28A.540.100
High school facilities defined.
Plan for nonhigh district to provide capital funds in aid
of high school district.
Factors to be considered in preparation of plan.
Public hearing—Notice.
Review by state board—Approval—Revised plan.
Bond, excess levy, elections—Use of proceeds.
Rejection by voters of nonhigh districts—Additional
elections—Revised plan—Annexation proposal.
Failure of nonhigh districts to submit proposal to vote
within time limits—Annexation procedure.
Nonhigh districts, time of levy and issuance of bonds.
Validation of proceedings under 1955 act, when.
[Title 28A RCW—page 198]
28A.540.030 Factors to be considered in preparation of plan. The regional committee on school district
organization shall give consideration to:
(1) The report submitted by the board of directors as
stated above;
(2) The exclusion from the plan of nonhigh school
districts because of remoteness or isolation or because they
are so situated with respect to location, present and/or clearly
foreseeable future population, and other pertinent factors as
to warrant the establishment of a high school therein within
(2002 Ed.)
Capital Fund Aid by Nonhigh School Districts
a period of two years or the inclusion of their territory in
some other nonhigh school district within which the establishment of a high school within a period of two years is
warranted;
(3) The assessed valuation of the school districts
involved;
(4) The cash balance, if any, in the capital projects fund
of the district submitting the request which is designated for
high school building construction purposes, together with the
sources of such balance; and
(5) Any other factors found by the committee to have a
bearing on the preparation of an equitable plan. [1985 c 385
§ 33; 1985 c 7 § 91; 1969 ex.s. c 223 § 28A.56.020. Prior:
1959 c 262 § 3; 1955 c 344 § 2; 1953 c 229 § 2. Formerly
RCW 28A.56.020, 28.56.020.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.040 Public hearing—Notice. The regional
committee on school district organization shall also hold a
public hearing or hearings on any proposed plan: PROVIDED, That three members of the committee or two members
of the committee and the educational service district superintendent, or his or her designee, may be designated by the
committee to hold such public hearing or hearings and to
submit a report thereof to the regional committee. The
regional committee shall cause to be posted, at least ten days
prior to the date appointed for any such hearing, a written or
printed notice thereof in at least three prominent and public
places in the school districts involved and at the place of
hearing. [1985 c 385 § 34; 1975 1st ex.s. c 275 § 74; 1971
c 48 § 21; 1969 ex.s. c 223 § 28A.56.030. Prior: 1959 c
262 § 4; 1955 c 344 § 3; 1953 c 229 § 3. Formerly RCW
28A.56.030, 28.56.030.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.050 Review by state board—Approval—
Revised plan. Subsequent to the holding of a hearing or
hearings as provided in RCW 28A.540.040, the regional
committee on school district organization shall determine the
nonhigh school districts to be included in the plan and the
amount of capital funds to be provided by every school
district included therein, and shall submit the proposed plan
to the state board of education together with such maps and
other materials pertaining thereto as the state board may
require. The state board shall review such plan, shall
approve any plan which in its judgment makes adequate and
satisfactory provision for participation by the nonhigh school
districts in providing capital funds to be used for the purpose
above stated, and shall notify the regional committee of such
action. Upon receipt by the regional committee of such
notification, the educational service district superintendent,
or his or her designee, shall notify the board of directors of
each school district included in the plan, supplying each
board with complete details of the plan and shall state the
total amount of funds to be provided and the amount to be
provided by each district.
If any such plan submitted by a regional committee is
not approved by the state board, the regional committee shall
be so notified, which notification shall contain a statement of
reasons therefor and suggestions for revision. Within sixty
(2002 Ed.)
28A.540.030
days thereafter the regional committee shall submit to the
state board a revised plan which revision shall be subject to
approval or disapproval by the state board and the procedural
requirements and provisions of law applicable to an original
plan submitted to said board. [1990 c 33 § 485; 1985 c 385
§ 35; 1975 1st ex.s. c 275 § 75; 1971 c 48 § 22; 1969 ex.s.
c 223 § 28A.56.040. Prior: 1959 c 262 § 5; 1955 c 344 §
4; 1953 c 229 § 4. Formerly RCW 28A.56.040, 28.56.040.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.060 Bond, excess levy, elections—Use of
proceeds. Within sixty days after receipt of the notice of
approval from the educational service district superintendent,
the board of directors of each school district included in the
plan shall submit to the voters thereof a proposal or proposals for providing, through the issuance of bonds and/or the
authorization of an excess tax levy, the amount of capital
funds that the district is required to provide under the plan.
The proceeds of any such bond issue and/or excess tax levy
shall be credited to the capital projects fund of the school
district in which the proposed high school facilities are to be
located and shall be expended to pay the cost of high school
facilities for the education of such students residing in the
school districts as are included in the plan and not otherwise.
[1985 c 7 § 92; 1975 1st ex.s. c 275 § 76; 1971 c 48 § 23;
1969 ex.s. c 223 § 28A.56.050. Prior: 1959 c 262 § 6;
1955 c 344 § 5; 1953 c 229 § 5. Formerly RCW
28A.56.050, 28.56.050.]
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.070 Rejection by voters of nonhigh districts—Additional elections—Revised plan—Annexation
proposal. In the event that a proposal or proposals for
providing capital funds as provided in RCW 28A.540.060 is
not approved by the voters of a nonhigh school district a
second election thereon shall be held within sixty days
thereafter. If the vote of the electors of the nonhigh school
district is again in the negative, the high school students
residing therein shall not be entitled to admission to the high
school under the provisions of RCW 28A.225.210, following
the close of the school year during which the second election
is held: PROVIDED, That in any such case the regional
committee on school district organization shall determine
within thirty days after the date of the aforesaid election the
advisability of initiating a proposal for annexation of such
nonhigh school district to the school district in which the
proposed facilities are to be located or to some other district
where its students can attend high school without undue
inconvenience: PROVIDED FURTHER, That pending such
determination by the regional committee and action thereon
as required by law the board of directors of the high school
district shall continue to admit high school students residing
in the nonhigh school district. Any proposal for annexation
of a nonhigh school district initiated by a regional committee
shall be subject to the procedural requirements of this
chapter respecting a public hearing and submission to and
approval by the state board of education. Upon approval by
the state board of any such proposal, the educational service
district superintendent shall make an order, establishing the
annexation. [1990 c 33 § 486; 1985 c 385 § 36; 1975 1st
[Title 28A RCW—page 199]
28A.540.070
Title 28A RCW: Common School Provisions
ex.s. c 275 § 77; 1971 c 48 § 24; 1969 ex.s. c 223 §
28A.56.060. Prior: 1959 c 262 § 7; 1955 c 344 § 6; 1953
c 229 § 6. Formerly RCW 28A.56.060, 28.56.060.]
Severability—1985 c 385: See note following RCW 28A.315.025.
Severability—1971 c 48: See note following RCW 28A.305.040.
28A.540.080 Failure of nonhigh districts to submit
proposal to vote within time limits—Annexation procedure. In case of failure or refusal by a board of directors of
a nonhigh school district to submit a proposal or proposals
to a vote of the electors within the time limit specified in
RCW 28A.540.060 and 28A.540.070, the regional committee
on school district reorganization may initiate a proposal for
annexation of such nonhigh school district as provided for in
RCW 28A.540.070. [1990 c 33 § 487; 1985 c 385 § 37;
1969 ex.s. c 223 § 28A.56.070. Prior: 1959 c 262 § 8;
1955 c 344 § 7; 1953 c 229 § 7. Formerly RCW
28A.56.070, 28.56.070.]
Severability—1985 c 385: See note following RCW 28A.315.025.
28A.540.090 Nonhigh districts, time of levy and
issuance of bonds. If the voters of a nonhigh school district
approve an excess tax levy, the levy shall be made at the
earliest time permitted by law. If the voters of a nonhigh
school district approve the issuance of bonds, the board of
directors of the nonhigh school district shall issue and sell
said bonds within ninety days after receiving a copy of a
resolution of the board of directors of the high school district
that the high school district is ready to proceed with the
construction of the high school facilities provided for in the
plan and requesting the sale of the bonds. [1969 ex.s. c 223
§ 28A.56.075. Prior: 1959 c 262 § 9. Formerly RCW
28A.56.075, 28.56.075.]
28A.540.100 Validation of proceedings under 1955
act, when. All proceedings had and taken under chapter
344, Laws of 1955, shall be valid and binding although not
in compliance with that act if said proceedings comply with
the requirements of this chapter. [1969 ex.s. c 223 §
28A.56.170. Prior: 1959 c 262 § 11. Formerly RCW
28A.56.170, 28.56.170.]
28A.540.110 Designation of high school district
nonhigh district students shall attend—Effect when
attendance otherwise. (1) In cases where high school
students resident in a nonhigh school district are to be
educated in a high school district, the board of directors of
the nonhigh school district shall, by mutual agreement with
the serving district(s), designate the serving high school
district or districts which its high school students shall
attend. A nonhigh school district shall designate a district as
a serving high school district when more than thirty-three
and one-third percent of the high school students residing
within the boundaries of the nonhigh school district are enrolled in the serving district.
(2) Students residing in a nonhigh school district shall
be allowed to attend a high school other than in the designated serving district referred to in subsection (1) of this
section, however the nonhigh school board of directors shall
not be required to contribute to building programs in any
such high school district. Contribution shall be made only
[Title 28A RCW—page 200]
to those districts which are designated as serving high school
districts at the time the county auditor is requested by the
high school district to place a measure on the ballot regarding a proposal or proposals for the issuance of bonds or the
authorization of an excess tax levy to provide capital funds
for building programs. The nonhigh school district shall be
subject to the capital fund aid provisions contained in this
chapter with respect to the designated high school serving
district(s). [1989 c 321 § 4; 1981 c 239 § 1. Formerly
RCW 28A.56.200.]
Chapter 28A.545
PAYMENT TO HIGH SCHOOL DISTRICTS
Sections
28A.545.010
28A.545.020
28A.545.030
28A.545.040
28A.545.050
28A.545.060
28A.545.070
28A.545.080
28A.545.090
28A.545.100
28A.545.110
Exemptions:
School district divisions—High and nonhigh.
Reimbursement not a tuition charge.
Purposes.
"Student residing in a nonhigh school district" defined.
Amounts due from nonhigh districts.
Enrollment data for computation of amounts due.
Superintendent’s annual determination of estimated
amount due—Process.
Estimated amount due paid in May and November
installments.
Assessing nonhigh school lesser amount—Notice of.
Amount due reflects cost of education and transportation of students.
Rules to effect purposes and implement provisions.
State Constitution Art. 7 § 1 (Amendment 14).
28A.545.010 School district divisions—High and
nonhigh. For the purposes of this chapter all school districts
in the state of Washington shall be and the same are hereby
divided into two divisions to be known and designated
respectively as high school districts and nonhigh school districts. [1983 c 3 § 31; 1969 ex.s. c 223 § 28A.44.045.
Prior: 1917 c 21 § 1; RRS § 4710. Formerly RCW
28A.44.045, 28.44.045, 28.01.040, part.]
28A.545.020 Reimbursement not a tuition charge.
The reimbursement of a high school district for cost of
educating high school pupils for a nonhigh school district, as
provided for in this chapter, shall not be deemed a tuition
charge as affecting the apportionment of current state school
funds. [1983 c 3 § 32; 1969 ex.s. c 223 § 28A.44.095.
Prior: 1917 c 21 § 11; RRS § 4720. Formerly RCW
28A.44.095, 28.44.095.]
28A.545.030 Purposes. The purposes of RCW
28A.545.030 through 28A.545.110 and 84.52.0531 are to:
(1) Simplify the annual process of determining and
paying the amounts due by nonhigh school districts to high
school districts for educating students residing in a nonhigh
school district;
(2) Provide for a payment schedule that coincides to the
extent practicable with the ability of nonhigh school districts
to pay and the need of high school districts for payment; and
(3) Establish that the maximum amount due per annual
average full-time equivalent student by a nonhigh school
district for each school year is no greater than the maintenance and operation excess tax levy rate per annual average
full-time equivalent student levied upon the taxpayers of the
(2002 Ed.)
Payment to High School Districts
high school district. [1990 c 33 § 488; 1981 c 264 § 1.
Formerly RCW 28A.44.150.]
Severability—1981 c 264: "If any provision of this amendatory act
or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1981 c 264 § 13.]
28A.545.040 "Student residing in a nonhigh school
district" defined. The term "student residing in a nonhigh
school district" and its equivalent as used in RCW
28A.545.030 through 28A.545.110 and 84.52.0531 shall
mean any common school age person with or without
disabilities who resides within the boundaries of a nonhigh
school district that does not conduct the particular kindergarten through grade twelve grade which the person has not yet
successfully completed and is eligible to enroll in. [1995 c
77 § 25; 1990 c 33 § 489; 1981 c 264 § 2. Formerly RCW
28A.44.160.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.050 Amounts due from nonhigh districts.
Each year at such time as the superintendent of public
instruction determines and certifies such maximum allowable
amounts of school district levies under RCW 84.52.0531 he
or she shall also:
(1) Determine the extent to which the estimated amounts
due by nonhigh school districts for the previous school year
exceeded or fell short of the actual amounts due; and
(2) Determine the estimated amounts due by nonhigh
school districts for the current school year and increase or
decrease the same to the extent of overpayments or
underpayments for the previous school year. [1985 c 341 §
11; 1981 c 264 § 3. Formerly RCW 28A.44.170.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.060 Enrollment data for computation of
amounts due. The student enrollment data necessary for the
computation of the annual amounts due by nonhigh school
districts pursuant to RCW 28A.545.030 through 28A.545.110
and 84.52.0531 shall be established as follows:
(1) On or before July tenth preceding the school year,
or such other date as may be established by the superintendent of public instruction, each high school district superintendent shall certify to the superintendent of public instruction:
(a) The estimated number of students residing in a
nonhigh school district that will be enrolled in the high
school district during the school year which estimate has
been mutually agreed upon by the high school district superintendent and the superintendent of each nonhigh school
district in which one or more of such students resides;
(b) The total estimated number of kindergarten through
twelfth grade annual average full-time equivalent students,
inclusive of nonresident students, that will be enrolled in the
high school district during the school year;
(c) The actual number of annual average full-time
equivalent students provided for in subsections (1)(a) and (b)
of this section that were enrolled in the high school district
during the regular school term just completed; and
(d) The name, address, and the school district and
county of residence of each student residing in a nonhigh
(2002 Ed.)
28A.545.030
school district reported pursuant to this subsection (1), to the
extent the same can reasonably be established.
(2) In the event the superintendents of a high school
district and a nonhigh school district are unable to reach
agreement respecting the estimated number of annual
average full-time equivalent students residing in the nonhigh
school district that will be enrolled in the high school district
during the school year, the estimate shall be established by
the superintendent of public instruction. [1990 c 33 § 490;
1981 c 264 § 4. Formerly RCW 28A.44.180.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.070 Superintendent’s annual determination
of estimated amount due—Process. (1) The superintendent
of public instruction shall annually determine the estimated
amount due by a nonhigh school district to a high school
district for the school year as follows:
(a) The total of the high school district’s maintenance
and operation excess tax levy that has been authorized and
determined by the superintendent of public instruction to be
allowable pursuant to RCW 84.52.0531, as now or hereafter
amended, for collection during the next calendar year, shall
first be divided by the total estimated number of annual
average full-time equivalent students which the high school
district superintendent or the superintendent of public
instruction has certified pursuant to RCW 28A.545.060 will
be enrolled in the high school district during the school year;
(b) The result of the calculation provided for in subsection (1)(a) of this section shall then be multiplied by the
estimated number of annual average full-time equivalent
students residing in the nonhigh school district that will be
enrolled in the high school district during the school year
which has been established pursuant to RCW 28A.545.060;
and
(c) The result of the calculation provided for in subsection (1)(b) of this section shall be adjusted upward to the
extent the estimated amount due by a nonhigh school district
for the prior school year was less than the actual amount due
based upon actual annual average full-time equivalent
student enrollments during the previous school year and the
actual per annual average full-time equivalent student
maintenance and operation excess tax levy rate for the
current tax collection year, of the high school district, or
adjusted downward to the extent the estimated amount due
was greater than such actual amount due or greater than such
lesser amount as a high school district may have elected to
assess pursuant to RCW 28A.545.090.
(2) The amount arrived at pursuant to subsection (1)(c)
of this subsection shall constitute the estimated amount due
by a nonhigh school district to a high school district for the
school year. [1990 c 33 § 491; 1981 c 264 § 5. Formerly
RCW 28A.44.190.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.080 Estimated amount due paid in May
and November installments. The estimated amounts due
by nonhigh school districts as determined pursuant to RCW
28A.545.070 shall be paid in two installments. During the
month of May of the school year for which the amount is
due, each nonhigh school district shall pay to each high
school district fifty percent of the total estimated amount due
[Title 28A RCW—page 201]
28A.545.080
Title 28A RCW: Common School Provisions
to the high school district for the school year as determined
by the superintendent of public instruction pursuant to RCW
28A.545.070. The remaining fifty percent shall be paid by
each nonhigh school district to each high school district
during the following November. [1990 c 33 § 492; 1981 c
264 § 6. Formerly RCW 28A.44.200.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.545.090 Assessing nonhigh school lesser
amount—Notice of. Notwithstanding any provision of
RCW 28A.545.050 through 28A.545.080 to the contrary, any
high school district board of directors may elect to assess a
nonhigh school district an amount which is less than that
otherwise established by the superintendent of public
instruction pursuant to RCW 28A.545.070 to be due. In the
event a high school district elects to do so, it shall notify
both the superintendent of public instruction and the nonhigh
school district of its election and the lesser amount no later
than September first following the school year for which the
amount is due. In the absence of such notification, each
nonhigh school district shall pay the amount otherwise
established by the superintendent of public instruction
pursuant to RCW 28A.545.070. [1990 c 33 § 493; 1981 c
264 § 7. Formerly RCW 28A.44.210.]
Chapter 28A.600
STUDENTS
Sections
28A.600.010
28A.600.020
28A.600.025
28A.600.030
28A.600.035
28A.600.040
28A.600.050
28A.600.060
28A.600.070
28A.600.080
28A.600.100
28A.600.110
28A.600.120
28A.600.130
28A.600.140
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.600.150
28A.545.100 Amount due reflects cost of education
and transportation of students. Unless otherwise agreed
to by the board of directors of a nonhigh school district, the
amounts which are established as due by a nonhigh school
district pursuant to RCW 28A.545.030 through 28A.545.110
and 84.52.0531, as now or hereafter amended, shall constitute the entire amount which is due by a nonhigh school
district for the school year for the education of any and all
students with or without disabilities residing in the nonhigh
school district who attend a high school district pursuant to
RCW 28A.225.210, and for the transportation of such
students by a high school district. [1995 c 77 § 26; 1990 c
33 § 494; 1983 1st ex.s. c 61 § 7; 1981 c 264 § 8. Formerly
RCW 28A.44.220.]
28A.600.160
28A.600.200
Severability—1983 1st ex.s. c 61: See note following RCW
28A.160.010.
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.600.350
28A.545.110 Rules to effect purposes and implement provisions. The superintendent of public instruction
is hereby empowered to adopt rules pursuant to chapter
34.05 RCW, as now or hereafter amended, deemed necessary
or advisable by the superintendent to effect the purposes and
implement the provisions of RCW 28A.545.030 through
28A.545.110 and 84.52.0531. [1990 c 33 § 495; 1981 c 264
§ 9. Formerly RCW 28A.44.230.]
Severability—1981 c 264: See note following RCW 28A.545.030.
28A.600.210
28A.600.220
28A.600.230
28A.600.240
28A.600.300
28A.600.310
28A.600.320
28A.600.330
28A.600.340
28A.600.360
28A.600.370
28A.600.380
28A.600.385
28A.600.390
28A.600.400
28A.600.410
28A.600.415
28A.600.420
28A.600.455
28A.600.460
[Title 28A RCW—page 202]
Government of schools, pupils, employees, rules for—
Due process guarantees—Enforcement.
Government of schools, pupils, and employees—
Exclusion of student by teacher—Written disciplinary procedures—Appropriate disciplinary action.
Students’ rights of religious expression—Duty of superintendent of public instruction to inform school
districts.
Grading policies—Option to consider attendance.
Policies on secondary school access and egress.
Pupils to comply with rules and regulations.
State honors awards program established—Purpose.
State honors awards program—Areas included.
State honors awards program—Rules.
State honors awards program—Materials—Recognition
by business and industry encouraged.
Washington scholars’ program—Purpose.
Washington scholars’ program—Established—Scope.
Washington scholars’ program—Administration—
Cooperation with other agencies.
Washington scholars’ program—Planning committee—
Composition—Duties.
Washington scholars’ program—Principal’s association
to submit names to board.
Washington scholars’ program—Selection of scholars
and scholars-alternates—Notification process—
Certificates—Awards ceremony.
Educational pathways.
Interschool athletic and other extracurricular activities
for students, regulation of—Delegation, conditions.
School locker searches—Findings.
School locker searches—No expectation of privacy.
School locker searches—Authorization—Limitations.
School locker searches—Notice and reasonable suspicion requirements.
High school students’ options—Definition.
High school students’ options—Enrollment in institutions of higher education—Transmittal of funds.
High school students’ options—Information on enrollment.
High school students’ options—Maximum terms of
enrollment for high school credit.
High school students’ options—Enrolled students not
displaced.
High school students’ options—Enrollment for secondary and postsecondary credit.
High school students’ options—Enrollment in
postsecondary institution—Determination of high
school credits—Application toward graduation
requirements.
High school students’ options—Postsecondary credit.
High school students’ options—School district not
responsible for transportation.
High school students’ options—Cooperative
agreements with community colleges in Oregon
and Idaho.
High school students’ options—Rules.
High school students’ options—Existing agreements
not affected.
Alternatives to suspension—Encouraged.
Alternatives to suspension—Community service encouraged—Information provided to school districts.
Firearms on school premises, transportation, or facilities—Penalty—Exemptions.
Gang activity—Suspension or expulsion.
Classroom discipline—Policies—Classroom placement
of student offenders—Data on disciplinary actions.
(2002 Ed.)
Students
28A.600.475
Exchange of information with law enforcement and
juvenile court officials—Notification of parents
and students.
28A.600.480
Reporting of harassment, intimidation, or bullying—
Retaliation prohibited—Immunity.
Uniform minor student capacity to borrow act: Chapter 26.30 RCW.
28A.600.010 Government of schools, pupils, employees, rules for—Due process guarantees—Enforcement.
Every board of directors, unless otherwise specifically
provided by law, shall:
(1) Enforce the rules prescribed by the superintendent of
public instruction and the state board of education for the
government of schools, pupils, and certificated employees.
(2) Adopt and make available to each pupil, teacher and
parent in the district reasonable written rules regarding pupil
conduct, discipline, and rights, including but not limited to
short-term suspensions as referred to in RCW 28A.305.160
and suspensions in excess of ten consecutive days. Such
rules shall not be inconsistent with any of the following:
Federal statutes and regulations, state statutes, common law,
the rules of the superintendent of public instruction, and the
state board of education. The board’s rules shall include
such substantive and procedural due process guarantees as
prescribed by the state board of education under RCW
28A.305.160. Commencing with the 1976-77 school year,
when such rules are made available to each pupil, teacher,
and parent, they shall be accompanied by a detailed description of rights, responsibilities, and authority of teachers and
principals with respect to the discipline of pupils as prescribed by state statutory law, superintendent of public
instruction, and state board of education rules and rules and
regulations of the school district.
For the purposes of this subsection, computation of days
included in "short-term" and "long-term" suspensions shall
be determined on the basis of consecutive school days.
(3) Suspend, expel, or discipline pupils in accordance
with RCW 28A.305.160. [1997 c 265 § 4; 1990 c 33 § 496;
1979 ex.s. c 173 § 2; 1975-’76 2nd ex.s. c 97 § 2; 1975 1st
ex.s. c 254 § 1; 1971 ex.s. c 268 § 1; 1969 ex.s. c 223 §
28A.58.101. Prior: 1969 c 53 § 1, part; 1967 ex.s. c 29 § 1,
part; 1967 c 12 § 1, part; 1965 ex.s. c 49 § 1, part; 1963 c
104 § 1, part; 1963 c 5 § 1, part; 1961 c 305 § 1, part; 1961
c 237 § 1, part; 1961 c 66 § 1, part; 1955 c 68 § 2, part.
Formerly RCW 28A.58.101, 28.58.100(2), (6).]
Severability—1997 c 265: See note following RCW 13.40.160.
Severability—1975 1st ex.s. c 254: See note following RCW
28A.410.120.
28A.600.020 Government of schools, pupils, and
employees—Exclusion of student by teacher—Written
disciplinary procedures—Appropriate disciplinary action.
(1) The rules adopted pursuant to RCW 28A.600.010 shall
be interpreted to insure that the optimum learning atmosphere of the classroom is maintained, and that the highest
consideration is given to the judgment of qualified certificated educators regarding conditions necessary to maintain
the optimum learning atmosphere.
(2) Any student who creates a disruption of the educational process in violation of the building disciplinary
standards while under a teacher’s immediate supervision may
be excluded by the teacher from his or her individual
(2002 Ed.)
Chapter 28A.600
classroom and instructional or activity area for all or any
portion of the balance of the school day, or up to the
following two days, or until the principal or designee and
teacher have conferred, whichever occurs first. Except in
emergency circumstances, the teacher first must attempt one
or more alternative forms of corrective action. In no event
without the consent of the teacher may an excluded student
return to the class during the balance of that class or activity
period or up to the following two days, or until the principal
or his or her designee and the teacher have conferred.
(3) In order to preserve a beneficial learning environment for all students and to maintain good order and
discipline in each classroom, every school district board of
directors shall provide that written procedures are developed
for administering discipline at each school within the district.
Such procedures shall be developed with the participation of
parents and the community, and shall provide that the
teacher, principal or designee, and other authorities designated by the board of directors, make every reasonable attempt
to involve the parent or guardian and the student in the
resolution of student discipline problems. Such procedures
shall provide that students may be excluded from their
individual classes or activities for periods of time in excess
of that provided in subsection (2) of this section if such
students have repeatedly disrupted the learning of other
students. The procedures must be consistent with the rules
of the state board of education and must provide for early
involvement of parents in attempts to improve the student’s
behavior.
(4) The procedures shall assure, pursuant to RCW
28A.400.110, that all staff work cooperatively toward
consistent enforcement of proper student behavior throughout
each school as well as within each classroom.
(5) A principal shall consider imposing long-term
suspension or expulsion as a sanction when deciding the
appropriate disciplinary action for a student who, after July
27, 1997:
(a) Engages in two or more violations within a threeyear period of RCW 9A.46.120, 28A.320.135, 28A.600.455,
28A.600.460, 28A.635.020, 28A.600.020, 28A.635.060,
9.41.280, or 28A.320.140; or
(b) Engages in one or more of the offenses listed in
RCW 13.04.155.
The principal shall communicate the disciplinary action
taken by the principal to the school personnel who referred
the student to the principal for disciplinary action. [1997 c
266 § 11; 1990 c 33 § 497; 1980 c 171 § 1; 1972 ex.s. c
142 § 5. Formerly RCW 28A.58.1011.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.025 Students’ rights of religious expression—Duty of superintendent of public instruction to
inform school districts. (1) The First Amendment to the
United States Constitution, and Article I, sections 5 and 11
of the Washington state Constitution guarantee that students
retain their rights of free speech and free exercise of
religion, notwithstanding the student’s enrollment and
attendance in a common school. These rights include, but
are not limited to, the right of an individual student to freely
express and incorporate the student’s religious beliefs and
opinions where relevant or appropriate in any and all class
[Title 28A RCW—page 203]
28A.600.025
Title 28A RCW: Common School Provisions
work, homework, evaluations or tests. School personnel
may not grade the class work, homework, evaluation, or test
on the religious expression but may grade the student’s
performance on scholastic content such as spelling, sentence
structure, and grammar, and the degree to which the
student’s performance reflects the instruction and objectives
established by the school personnel. School personnel may
not subject an individual student who expresses religious
beliefs or opinions in accordance with this section to any
form of retribution or negative consequence and may not
penalize the student’s standing, evaluations, or privileges.
An employee of the school district may not censure a
student’s expression of religious beliefs or opinions, when
relevant or appropriate, in any class work, homework,
evaluations or tests, extracurricular activities, or other
activities under the sponsorship or auspices of the school
district.
(2) This section is not intended to impose any limit on
the exchange of ideas in the common schools of this state.
No officer, employee, agent, or contractor of a school district
may impose his or her religious beliefs on any student in
class work, homework, evaluations or tests, extracurricular
activities, or other activities under the auspices of the school
district.
(3) The superintendent of public instruction shall
distribute to the school districts information about laws
governing students’ rights of religious expression in school.
[1998 c 131 § 2.]
specifying any restrictions on students leaving secondary
school grounds during school hours. [1995 c 312 § 82.]
Findings—1998 c 131: "The legislature recognizes the right of free
speech and freedom of religion as guaranteed through the First Amendment
to the United States Constitution and Article I, sections 5 and 11 of the
Washington state Constitution and that these rights extend to students
enrolled in the common schools of our state.
The legislature also recognizes that students may choose to exercise
these rights, as protected under the law, in response to the challenges of
academic pursuit. While the legislature upholds the rights of students to
freely express their religious beliefs and right of free speech, it also holds
firmly that it is not the role of education to solicit student responses that
force students to reveal, analyze, or critique their religious beliefs." [1998
c 131 § 1.]
28A.600.060 State honors awards program—Areas
included. The recipients of the Washington state honors
awards shall be selected based on student achievement in
both verbal and quantitative areas, as measured by a test or
tests of general achievement selected by the superintendent
of public instruction, and shall include student performance
in the academic core areas of English, mathematics, science,
social studies, and languages other than English, which may
be American Indian languages. The performance level in
such academic core subjects shall be determined by grade
point averages, numbers of credits earned, and courses
enrolled in during the beginning of the senior year. [1993
c 371 § 4; 1991 c 116 § 22; 1985 c 62 § 2. Formerly RCW
28A.03.442.]
28A.600.030 Grading policies—Option to consider
attendance. Each school district board of directors may
establish student grading policies which permit teachers to
consider a student’s attendance in determining the student’s
overall grade or deciding whether the student should be
granted or denied credit. Such policies shall take into
consideration the circumstances pertaining to the student’s
inability to attend school. However, no policy shall be
adopted whereby a grade shall be reduced or credit shall be
denied for disciplinary reasons only, rather than for academic
reasons, unless due process of law is provided as set forth by
the state board of education under RCW 28A.305.160.
[1990 c 33 § 498; 1984 c 278 § 7. Formerly RCW
28A.58.195.]
Severability—1984 c 278: See note following RCW 28A.185.010.
28A.600.035 Policies on secondary school access and
egress. School district boards of directors shall review
school district policies regarding access and egress by
students from secondary school grounds during school hours.
Each school district board of directors shall adopt a policy
[Title 28A RCW—page 204]
Effective date—1995 c 312 §§ 71 and 82: See note following RCW
28A.225.095.
Short title—1995 c 312: See note following RCW 13.32A.010.
28A.600.040 Pupils to comply with rules and
regulations. All pupils who attend the common schools
shall comply with the rules and regulations established in
pursuance of the law for the government of the schools, shall
pursue the required course of studies, and shall submit to the
authority of the teachers of such schools, subject to such
disciplinary or other action as the local school officials shall
determine. [1969 ex.s. c 223 § 28A.58.200. Prior: 1909 c
97 p 263 § 6; RRS § 4690; prior: 1897 c 118 § 69; 1890 p
372 § 48. Formerly RCW 28A.58.200, 28.58.200.]
28A.600.050 State honors awards program established—Purpose. The Washington state honors awards
program is hereby established for the purpose of promoting
academic achievement among high school students enrolled
in public or approved private high schools by recognizing
outstanding achievement of students in academic core subjects. This program shall be voluntary on the part of each
school district and each student enrolled in high school.
[1985 c 62 § 1. Formerly RCW 28A.03.440.]
Washington scholars’ program: RCW 28A.600.100 through 28A.600.150.
28A.600.070 State honors awards program—Rules.
The superintendent of public instruction shall adopt rules for
the establishment and administration of the Washington state
honors awards program. The rules shall establish: (1) The
test or tests of general achievement that are used to measure
verbal and quantitative achievement, (2) academic subject
performance levels, (3) timelines for participating school
districts to notify students of the opportunity to participate,
(4) procedures for the administration of the program, and (5)
the procedures for providing the appropriate honors award
designation. [1991 c 116 § 23; 1985 c 62 § 3. Formerly
RCW 28A.03.444.]
28A.600.080 State honors awards program—
Materials—Recognition by business and industry encouraged. The superintendent of public instruction shall provide
participating high schools with the necessary materials for
conferring honors. The superintendent of public instruction
(2002 Ed.)
Students
shall require participating high schools to encourage local
representatives of business and industry to recognize students
in their communities who receive an honors designation
based on the Washington state honors awards program.
[1985 c 62 § 4. Formerly RCW 28A.03.446.]
28A.600.100 Washington scholars’ program—
Purpose. Each year high schools in the state of Washington
graduate a significant number of students who have distinguished themselves through outstanding academic achievement. The purpose of RCW 28A.600.100 through
28A.600.150 is to establish a consistent and uniform program which will recognize and honor the accomplishments
of these students; encourage and facilitate privately funded
scholarship awards among them; stimulate the recruitment of
outstanding students to Washington public and private
colleges and universities; and allow educational and legislative leaders, as well as the governor, to reaffirm the importance of educational excellence to the future of this state.
[1990 c 33 § 499; 1985 c 341 § 14; 1981 c 54 § 1. Formerly RCW 28A.58.820.]
Severability—1981 c 54: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 54 § 10.]
State honors awards program: RCW 28A.600.050 through 28A.600.080.
Waiver of tuition and fees for recipients of the Washington scholars award:
RCW 28B.15.543.
28A.600.110 Washington scholars’ program—
Established—Scope. There is established by the legislature
of the state of Washington the Washington state scholars
program. The purposes of this program annually are to:
(1) Provide for the selection of three seniors residing in
each legislative district in the state graduating from high
schools who have distinguished themselves academically
among their peers.
(2) Maximize public awareness of the academic achievement, leadership ability, and community contribution of
Washington state public and private high school seniors
through appropriate recognition ceremonies and events at
both the local and state level.
(3) Provide a listing of the Washington scholars to all
Washington state public and private colleges and universities
to facilitate communication regarding academic programs
and scholarship availability.
(4) Make available a state level mechanism for utilization of private funds for scholarship awards to outstanding
high school seniors.
(5) Provide, on written request and with student permission, a listing of the Washington scholars to private scholarship selection committees for notification of scholarship
availability.
(6) Permit a waiver of tuition and services and activities
fees as provided for in RCW 28B.15.543 and grants under
RCW 28B.80.245. [1994 c 234 § 4; 1988 c 210 § 4; 1987
c 465 § 1; 1981 c 54 § 2. Formerly RCW 28A.58.822.]
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.120 Washington scholars’ program—
Administration—Cooperation with other agencies. The
higher education coordinating board shall have the responsi(2002 Ed.)
28A.600.080
bility for administration of the Washington scholars program.
The program will be developed cooperatively with the
Washington association of secondary school principals, a
voluntary professional association of secondary school
principals. The cooperation of other state agencies and
private organizations having interest and responsibility in
public and private education shall be sought for planning
assistance. [1985 c 370 § 32; 1981 c 54 § 3. Formerly
RCW 28A.58.824.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.130 Washington scholars’ program—
Planning committee—Composition—Duties. The higher
education coordinating board shall establish a planning
committee to develop criteria for screening and selection of
the Washington scholars each year in accordance with RCW
28A.600.110(1). It is the intent that these criteria shall
emphasize scholastic achievement but not exclude such
criteria as leadership ability and community contribution in
final selection procedures. The Washington scholars
planning committee shall have members from selected state
agencies and private organizations having an interest and
responsibility in education, including but not limited to, the
state board of education, the office of superintendent of
public instruction, the council of presidents, the state board
for community and technical colleges, and the Washington
friends of higher education. [1995 1st sp.s. c 5 § 1; 1990 c
33 § 500; 1985 c 370 § 33; 1981 c 54 § 4. Formerly RCW
28A.58.826.]
Severability—1995 1st sp.s. c 5: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 5 § 5.]
Effective date—1995 1st sp.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 5 § 6.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.140 Washington scholars’ program—
Principal’s association to submit names to board. Each
year on or before March 1st, the Washington association of
secondary school principals shall submit to the higher
education coordinating board the names of graduating senior
high school students who have been identified and recommended to be outstanding in academic achievement by their
school principals based on criteria to be established under
RCW 28A.600.130. [1990 c 33 § 501; 1985 c 370 § 34;
1981 c 54 § 5. Formerly RCW 28A.58.828.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.150 Washington scholars’ program—
Selection of scholars and scholars-alternates—Notification
process—Certificates—Awards ceremony. Each year,
three Washington scholars and one Washington scholarsalternate shall be selected from the students nominated under
[Title 28A RCW—page 205]
28A.600.150
Title 28A RCW: Common School Provisions
RCW 28A.600.140. The higher education coordinating
board shall notify the students so designated, their high
school principals, the legislators of their respective districts,
and the governor when final selections have been made.
The board, in conjunction with the governor’s office,
shall prepare appropriate certificates to be presented to the
Washington scholars and the Washington scholars-alternates.
An awards ceremony at an appropriate time and place shall
be planned by the board in cooperation with the Washington
association of secondary school principals, and with the
approval of the governor. [1999 c 159 § 2; 1985 c 370 §
35; 1981 c 54 § 6. Formerly RCW 28A.58.830.]
Findings—Intent—1999 c 159: "The legislature finds that approximately thirty-five percent of the recipients of the Washington scholars award
under RCW 28A.600.100 through 28A.600.150 choose to enroll in an outof-state college and therefore do not use the grants that would have been
available to them under RCW 28B.80.245 had they chosen to attend a
college or university in the state of Washington. It is the intent of the
legislature to require high school seniors who are announced as recipients
of the Washington scholars award to demonstrate in a timely manner that
they will be using any grants they may receive with their awards to enroll
in a college or university in Washington state during the fall term of the
same year in which they receive the award. Any grants not used by initial
recipients should be awarded to alternate recipients who must also
demonstrate in a timely manner that they will be using their grants to enroll
in a Washington college or university in Washington state during the fall
term." [1999 c 159 § 1.]
Severability—Effective dates—1985 c 370: See RCW 28B.80.911
and 28B.80.912.
Severability—1981 c 54: See note following RCW 28A.600.100.
28A.600.160 Educational pathways. Any middle
school, junior high school, or high school using educational
pathways shall ensure that all participating students will
continue to have access to the courses and instruction
necessary to meet admission requirements at baccalaureate
institutions. Students shall be allowed to enter the educational pathway of their choice. Before accepting a student
into an educational pathway, the school shall inform the
student’s parent of the pathway chosen, the opportunities
available to the student through the pathway, and the career
objectives the student will have exposure to while pursuing
the pathway. Parents and students dissatisfied with the
opportunities available through the selected educational
pathway shall be provided with the opportunity to transfer
the student to any other pathway provided in the school.
Schools may not develop educational pathways that retain
students in high school beyond the date they are eligible to
graduate, and may not require students who transfer between
pathways to complete pathway requirements beyond the date
the student is eligible to graduate. Educational pathways
may include, but are not limited to, programs such as workbased learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for
technical college, community college, or university education. [1998 c 225 § 2.]
28A.600.200 Interschool athletic and other extracurricular activities for students, regulation of—
Delegation, conditions. Each school district board of
directors is hereby granted and shall exercise the authority to
control, supervise and regulate the conduct of interschool
athletic activities and other interschool extracurricular
activities of an athletic, cultural, social or recreational nature
[Title 28A RCW—page 206]
for students of the district. A board of directors may
delegate control, supervision and regulation of any such
activity to the Washington Interscholastic Activities Association or any other voluntary nonprofit entity and compensate
such entity for services provided, subject to the following
conditions:
(1) The voluntary nonprofit entity shall submit an
annual report to the state board of education of student
appeal determinations, assets, and financial receipts and
disbursements at such time and in such detail as the state
board shall establish by rule;
(2) The voluntary nonprofit entity shall not discriminate
in connection with employment or membership upon its
governing board, or otherwise in connection with any
function it performs, on the basis of race, creed, national
origin, sex or marital status;
(3) Any rules and policies applied by the voluntary
nonprofit entity which govern student participation in any
interschool activity shall be written and subject to the annual
review and approval of the state board of education at such
time as it shall establish;
(4) All amendments and repeals of such rules and
policies shall be subject to the review and approval of the
state board; and
(5) Such rules and policies shall provide for notice of
the reasons and a fair opportunity to contest such reasons
prior to a final determination to reject a student’s request to
participate in or to continue in an interschool activity. Any
such decision shall be considered a decision of the school
district conducting the activity in which the student seeks to
participate or was participating and may be appealed
pursuant to RCW 28A.645.010 through 28A.645.030. [1990
c 33 § 502; 1975-’76 2nd ex.s. c 32 § 1. Formerly RCW
28A.58.125.]
School buses, transport of general public to interscholastic activities—
Limitations: RCW 28A.160.100.
28A.600.210 School locker searches—Findings. The
legislature finds that illegal drug activity and weapons in
schools threaten the safety and welfare of school children
and pose a severe threat to the state educational system.
School officials need authority to maintain order and
discipline in schools and to protect students from exposure
to illegal drugs, weapons, and contraband. Searches of
school-issued lockers and the contents of those lockers is a
reasonable and necessary tool to protect the interests of the
students of the state as a whole. [1989 c 271 § 244.
Formerly RCW 28A.67.300.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.220 School locker searches—No expectation of privacy. No right nor expectation of privacy exists
for any student as to the use of any locker issued or assigned
to a student by a school and the locker shall be subject to
search for illegal drugs, weapons, and contraband as provided in RCW 28A.600.210 through 28A.600.240. [1990 c 33
§ 503; 1989 c 271 § 245. Formerly RCW 28A.67.310.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.230
School locker searches—
Authorization—Limitations. (1) A school principal, vice
(2002 Ed.)
Students
principal, or principal’s designee may search a student, the
student’s possessions, and the student’s locker, if the
principal, vice principal, or principal’s designee has reasonable grounds to suspect that the search will yield evidence of
the student’s violation of the law or school rules. A search
is mandatory if there are reasonable grounds to suspect a
student has illegally possessed a firearm in violation of RCW
9.41.280.
(2) Except as provided in subsection (3) of this section,
the scope of the search is proper if the search is conducted
as follows:
(a) The methods used are reasonably related to the
objectives of the search; and
(b) Is not excessively intrusive in light of the age and
sex of the student and the nature of the suspected infraction.
(3) A principal or vice principal or anyone acting under
their direction may not subject a student to a strip search or
body cavity search as those terms are defined in RCW
10.79.070. [1999 c 167 § 3; 1989 c 271 § 246. Formerly
RCW 28A.67.320.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.240 School locker searches—Notice and
reasonable suspicion requirements. (1) In addition to the
provisions in RCW 28A.600.230, the school principal, vice
principal, or principal’s designee may search all student
lockers at any time without prior notice and without a
reasonable suspicion that the search will yield evidence of
any particular student’s violation of the law or school rule.
(2) If the school principal, vice principal, or principal’s
designee, as a result of the search, develops a reasonable
suspicion that a certain container or containers in any student
locker contain evidence of a student’s violation of the law or
school rule, the principal, vice principal, or principal’s
designee may search the container or containers according to
the provisions of RCW 28A.600.230(2). [1990 c 33 § 504;
1989 c 271 § 247. Formerly RCW 28A.67.330.]
Severability—1989 c 271: See note following RCW 9.94A.510.
28A.600.300 High school students’ options—
Definition. For the purposes of RCW 28A.600.310 through
28A.600.400, "participating institution of higher education"
or "institution of higher education" means:
(1) A community or technical college as defined in
RCW 28B.50.030; and
(2) Central Washington University, Eastern Washington
University, Washington State University, and The Evergreen
State College, if the institution’s governing board decides to
participate in the program in RCW 28A.600.310 through
28A.600.400. [2002 c 80 § 1; 1994 c 205 § 1; 1990 1st
ex.s. c 9 § 401.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.310 High school students’ options—
Enrollment in institutions of higher education—
Transmittal of funds. (1) Eleventh and twelfth grade
students or students who have not yet received a high school
diploma or its equivalent and are eligible to be in the
eleventh or twelfth grades may apply to a participating
institution of higher education to enroll in courses or
(2002 Ed.)
28A.600.230
programs offered by the institution of higher education.
However, students are eligible to enroll in courses or programs in participating universities only if the board of
directors of the student’s school district has decided to
participate in the program. Participating institutions of
higher education, in consultation with school districts, may
establish admission standards for these students. If the
institution of higher education accepts a secondary school
pupil for enrollment under this section, the institution of
higher education shall send written notice to the pupil and
the pupil’s school district within ten days of acceptance.
The notice shall indicate the course and hours of enrollment
for that pupil.
(2) The pupil’s school district shall transmit to the institution of higher education an amount per each full-time
equivalent college student at statewide uniform rates for
vocational and nonvocational students. The superintendent
of public instruction shall separately calculate and allocate
moneys appropriated for basic education under RCW
28A.150.260 to school districts for purposes of making such
payments and for granting school districts seven percent
thereof to offset program related costs. The calculations and
allocations shall be based upon the estimated statewide
annual average per full-time equivalent high school student
allocations under RCW 28A.150.260, excluding small high
school enhancements, and applicable rules adopted under
chapter 34.05 RCW. The superintendent of public instruction, the higher education coordinating board, and the state
board for community and technical colleges shall consult on
the calculation and distribution of the funds. The institution
of higher education shall not require the pupil to pay any
other fees. The funds received by the institution of higher
education from the school district shall not be deemed tuition
or operating fees and may be retained by the institution of
higher education. A student enrolled under this subsection
shall not be counted for the purpose of determining any
enrollment restrictions imposed by the state on the institution
of higher education. [1994 c 205 § 2; 1993 c 222 § 1; 1990
1st ex.s. c 9 § 402.]
Effective date—1993 c 222: "This act shall take effect September 1,
1993." [1993 c 222 § 2.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.320 High school students’ options—
Information on enrollment. A school district shall provide
general information about the program to all pupils in grades
ten, eleven, and twelve and the parents and guardians of
those pupils. To assist the district in planning, a pupil shall
inform the district of the pupil’s intent to enroll in courses
at an institution of higher education for credit. Students are
responsible for applying for admission to the institution of
higher education. [1994 c 205 § 3; 1990 1st ex.s. c 9 §
403.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.330 High school students’ options—
Maximum terms of enrollment for high school credit. A
pupil who enrolls in an institution of higher education in
grade eleven may not enroll in postsecondary courses under
RCW 28A.600.300 through 28A.600.390 for high school
[Title 28A RCW—page 207]
28A.600.330
Title 28A RCW: Common School Provisions
credit and postsecondary credit for more than the equivalent
of the course work for two academic years. A pupil who
first enrolls in an institution of higher education in grade
twelve may not enroll in postsecondary courses under this
section for high school credit and postsecondary credit for
more than the equivalent of the course work for one academic year. [1994 c 205 § 4; 1990 1st ex.s. c 9 § 404.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.340 High school students’ options—
Enrolled students not displaced. Once a pupil has been
enrolled in a postsecondary course or program under RCW
28A.600.300 through 28A.600.400, the pupil shall not be
displaced by another student. [1994 c 205 § 5; 1990 1st
ex.s. c 9 § 405.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.350 High school students’ options—
Enrollment for secondary and postsecondary credit. A
pupil may enroll in a course under RCW 28A.600.300
through 28A.600.390 for both high school credit and
postsecondary credit. [1994 c 205 § 6; 1990 1st ex.s. c 9 §
406.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.360 High school students’ options—
Enrollment in postsecondary institution—Determination
of high school credits—Application toward graduation
requirements. A school district shall grant academic credit
to a pupil enrolled in a course for high school credit if the
pupil successfully completes the course. If no comparable
course is offered by the school district, the school district
superintendent shall determine how many credits to award
for the course. The determination shall be made in writing
before the pupil enrolls in the course. The credits shall be
applied toward graduation requirements and subject area
requirements. Evidence of the successful completion of each
course in an institution of higher education shall be included
in the pupil’s secondary school records and transcript. The
transcript shall also note that the course was taken at an
institution of higher education. [1994 c 205 § 7; 1990 1st
ex.s. c 9 § 407.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.370 High school students’ options—
Postsecondary credit. Any state institution of higher
education may award postsecondary credit for college level
academic and vocational courses successfully completed by
a student while in high school and taken at an institution of
higher education. The state institution of higher education
shall not charge a fee for the award of the credits. [1994 c
205 § 8; 1990 1st ex.s. c 9 § 408.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.380 High school students’ options—School
district not responsible for transportation. Transportation
[Title 28A RCW—page 208]
to and from the institution of higher education is not the
responsibility of the school district. [1994 c 205 § 9; 1990
1st ex.s. c 9 § 409.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.385 High school students’ options—
Cooperative agreements with community colleges in
Oregon and Idaho. (1) School districts in Washington and
community colleges in Oregon and Idaho may enter into
cooperative agreements under chapter 39.34 RCW for the
purpose of allowing eleventh and twelfth grade students who
are enrolled in the school districts to earn high school and
college credit concurrently.
(2) Except as provided in subsection (3) of this section,
if a school district exercises the authority granted in subsection (1) of this section, the provisions of RCW 28A.600.310
through 28A.600.360 and 28A.600.380 through 28A.600.400
shall apply to the agreements.
(3) A school district may enter an agreement in which
the community college agrees to accept an amount less than
the statewide uniform rate under RCW 28A.600.310(2) if the
community college does not charge participating students
tuition and fees. A school district may not pay a per-credit
rate in excess of the statewide uniform rate under RCW
28A.600.310(2).
(4) To the extent feasible, the agreements shall permit
participating students to attend the community college
without paying any tuition and fees. The agreements shall
not permit the community college to charge participating
students nonresident tuition and fee rates.
(5) The agreements shall ensure that participating
students are permitted to enroll only in courses that are
transferable to one or more institutions of higher education
as defined in RCW 28B.10.016. [1998 c 63 § 2.]
Finding—1998 c 63: "The legislature finds that students may have
difficulty attending community college for the purpose of the running start
program due to the distance of the nearest community college. In these
cases, it may be more advantageous for students in border counties to attend
community colleges in neighboring states. The legislature encourages
school districts to pursue interagency agreements with community colleges
in neighboring states when it is in the best interests of the student’s
educational progress." [1998 c 63 § 1.]
28A.600.390 High school students’ options—Rules.
The superintendent of public instruction, the state board for
community and technical colleges, and the higher education
coordinating board shall jointly develop and adopt rules
governing RCW 28A.600.300 through 28A.600.380, if rules
are necessary. The rules shall be written to encourage the
maximum use of the program and shall not narrow or limit
the enrollment options under RCW 28A.600.300 through
28A.600.380. [1994 c 205 § 10; 1990 1st ex.s. c 9 § 410.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.400 High school students’ options—
Existing agreements not affected. RCW 28A.600.300
through 28A.600.390 are in addition to and not intended to
adversely affect agreements between school districts and
institutions of higher education in effect on April 11, 1990,
(2002 Ed.)
Students
and in the future. [1994 c 205 § 11; 1990 1st ex.s. c 9 §
412.]
Finding—Severability—1990 1st ex.s. c 9: See notes following
RCW 28A.225.220.
28A.600.410 Alternatives to suspension—
Encouraged. School districts are encouraged to find
alternatives to suspension including reducing the length of a
student’s suspension conditioned by the commencement of
counseling or other treatment services. Consistent with
current law, the conditioning of a student’s suspension does
not obligate the school district to pay for the counseling or
other treatment services except for those stipulated and
agreed to by the district at the inception of the suspension.
[1992 c 155 § 1.]
28A.600.415 Alternatives to suspension—
Community service encouraged—Information provided
to school districts. (1) The superintendent of public
instruction shall encourage school districts to utilize community service as an alternative to student suspension. Community service shall include the provision of volunteer services
by students in social and educational organizations including,
but not limited to, hospitals, fire and police stations, nursing
homes, food banks, day care organizations, and state and
local government offices.
(2) At a minimum, by February 1, 1993, the superintendent shall prepare and distribute information to school
districts regarding existing programs, the potential benefits
and considerations of using community service as an alternative to suspension, and recommended guidelines for
starting new programs. The superintendent also shall
address, and attempt to clarify and resolve, any potential
liability, supervision, and transportation issues associated
with using community service as an alternative to suspension. [1992 c 155 § 2.]
28A.600.420 Firearms on school premises, transportation, or facilities—Penalty—Exemptions. (1) Any
elementary or secondary school student who is determined
to have carried a firearm onto, or to have possessed a
firearm on, public elementary or secondary school premises,
public school-provided transportation, or areas of facilities
while being used exclusively by public schools, shall be expelled from school for not less than one year under RCW
28A.600.010. The superintendent of the school district,
educational service district, state school for the deaf, or state
school for the blind may modify the expulsion of a student
on a case-by-case basis.
(2) For purposes of this section, "firearm" means a
firearm as defined in 18 U.S.C. Sec. 921, and a "firearm" as
defined in RCW 9.41.010.
(3) This section shall be construed in a manner consistent with the individuals with disabilities education act, 20
U.S.C. Sec. 1401 et seq.
(4) Nothing in this section prevents a public school
district, educational service district, the state school for the
deaf, or the state school for the blind if it has expelled a
student from such student’s regular school setting from
providing educational services to the student in an alternative
setting.
(2002 Ed.)
28A.600.400
(5) This section does not apply to:
(a) Any student while engaged in military education
authorized by school authorities in which rifles are used but
not other firearms; or
(b) Any student while involved in a convention, showing, demonstration, lecture, or firearms safety course
authorized by school authorities in which the rifles of
collectors or instructors are handled or displayed but not
other firearms; or
(c) Any student while participating in a rifle competition
authorized by school authorities.
(6) A school district may suspend or expel a student for
up to one year subject to subsections (1), (3), (4), and (5) of
this section, if the student acts with malice as defined under
RCW 9A.04.110 and displays an instrument that appeared
[appears] to be a firearm, on public elementary or secondary
school premises, public school-provided transportation, or
areas of facilities while being used exclusively by public
schools. [1997 c 265 § 5; 1995 c 335 § 304; 1995 c 87 §
2.]
Severability—1997 c 265: See note following RCW 13.40.160.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.600.455 Gang activity—Suspension or expulsion. (1) A student who is enrolled in a public school or an
alternative school may be suspended or expelled if the
student is a member of a gang and knowingly engages in
gang activity on school grounds.
(2) "Gang" means a group which: (a) Consists of three
or more persons; (b) has identifiable leadership; and (c) on
an ongoing basis, regularly conspires and acts in concert
mainly for criminal purposes. [1997 c 266 § 2.]
Findings—Intent—1997 c 266: "The legislature finds that the
children of this state have the right to an effective public education and that
both students and educators have the need to be safe and secure in the
classroom if learning is to occur. The legislature also finds, however, that
children in many of our public schools are forced to focus on the threat and
message of violence contained in many aspects of our society and reflected
through and in gang violence activities on school campuses.
The legislature recognizes that the prevalence of weapons, including
firearms and dangerous knives, is an increasing problem that is spreading
rapidly even to elementary schools throughout the state. Gang-related
apparel and regalia compound the problem by easily concealing weapons
that threaten and intimidate students and school personnel. These threats
have resulted in tragic and unnecessary bloodshed over the past two years
and must be eradicated from the system if student and staff security is to be
restored on school campuses. Many educators believe that school dress
significantly influences student behavior in both positive and negative ways.
Special school dress up and color days signify school spirit and provide
students with a sense of unity. Schools that have adopted school uniforms
report a feeling of togetherness, greater school pride, and better student
behavior in and out of the classroom. This sense of unity provides students
with the positive attitudes needed to avert the pressures of gang involvement.
The legislature also recognizes there are other more significant factors
that impact school safety such as the pervasive use of drugs and alcohol in
school. In addition to physical safety zones, schools should also be drugfree zones that expressly prohibit the sale, use, or possession of illegal drugs
on school property. Students involved in drug-related activity are unable to
benefit fully from educational opportunities and are disruptive to the
learning environment of their fellow students. Schools must be empowered
to make decisions that positively impact student learning by eradicating drug
use and possession on their campuses. This flexibility should also be
afforded to schools as they deal with other harmful substance abuse
activities engaged in by their students.
Toward this end, the legislature recognizes the important role of the
classroom teacher who must be empowered to restore discipline and safety
[Title 28A RCW—page 209]
28A.600.455
Title 28A RCW: Common School Provisions
in the classroom. Teachers must have the ability to control the conduct of
students to ensure that their mission of educating students may be achieved.
Disruptive behavior must not be allowed to continue to divert attention,
time, and resources from educational activities.
The legislature therefore intends to define gang-related activities as
criminal behavior disruptive not only to the learning environment but to
society as a whole, and to provide educators with the authority to restore
order and safety to the student learning environment, eliminate the influence
of gang activities, and eradicate drug and substance abuse on school
campuses, thus empowering educators to regain control of our classrooms
and provide our students with the best educational opportunities available
in our schools.
The legislature also finds that students and school employees have
been subjected to violence such as rapes, assaults, or harassment that has
not been gang or drug-related criminal activity. The legislature intends that
all violence and harassment directed at students and school personnel be
eradicated in public schools." [1997 c 266 § 1.]
Severability—1997 c 266: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 266 § 16.]
28A.600.460 Classroom discipline—Policies—
Classroom placement of student offenders—Data on
disciplinary actions. (1) School district boards of directors
shall adopt policies that restore discipline to the classroom.
Such policies must provide for at least the following:
Allowing each teacher to take disciplinary action to correct
a student who disrupts normal classroom activities, abuses or
insults a teacher as prohibited by RCW 28A.635.010,
willfully disobeys a teacher, uses abusive or foul language
directed at a school district employee, school volunteer, or
another student, violates school rules, or who interferes with
an orderly education process. Disciplinary action may
include but is not limited to: Oral or written reprimands;
written notification to parents of disruptive behavior, a copy
of which must be provided to the principal.
(2) A student committing an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW when the activity is
directed toward the teacher, shall not be assigned to that
teacher’s classroom for the duration of the student’s attendance at that school or any other school where the teacher is
assigned.
(3) A student who commits an offense under chapter
9A.36, 9A.40, 9A.46, or 9A.48 RCW, when directed toward
another student, may be removed from the classroom of the
victim for the duration of the student’s attendance at that
school or any other school where the victim is enrolled. A
student who commits an offense under one of the chapters
enumerated in this section against a student or another
school employee, may be expelled or suspended.
(4) Nothing in this section is intended to limit the
authority of a school under existing law and rules to expel
or suspend a student for misconduct or criminal behavior.
(5) All school districts must collect data on disciplinary
actions taken in each school. The information shall be made
available to the public upon request. This collection of data
shall not include personally identifiable information including, but not limited to, a student’s social security number,
name, or address. [1997 c 266 § 9.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
28A.600.475 Exchange of information with law
enforcement and juvenile court officials—Notification of
[Title 28A RCW—page 210]
parents and students. School districts may participate in
the exchange of information with law enforcement and
juvenile court officials to the extent permitted by the family
educational and privacy rights act of 1974, 20 U.S.C. Sec.
1232g. When directed by court order or pursuant to any
lawfully issued subpoena, a school district shall make student
records and information available to law enforcement
officials, probation officers, court personnel, and others
legally entitled to the information. Except as provided in
RCW 13.40.480, parents and students shall be notified by the
school district of all such orders or subpoenas in advance of
compliance with them. [1998 c 269 § 11; 1992 c 205 §
120.]
Intent—Finding—Effective date—1998 c 269: See notes following
RCW 72.05.020.
Part headings not law—Severability—1992 c 205: See notes
following RCW 13.40.010.
28A.600.480 Reporting of harassment, intimidation,
or bullying—Retaliation prohibited—Immunity. (1) No
school employee, student, or volunteer may engage in
reprisal, retaliation, or false accusation against a victim, witness, or one with reliable information about an act of
harassment, intimidation, or bullying.
(2) A school employee, student, or volunteer who has
witnessed, or has reliable information that a student has been
subjected to, harassment, intimidation, or bullying, whether
verbal or physical, is encouraged to report such incident to
an appropriate school official.
(3) A school employee, student, or volunteer who
promptly reports an incident of harassment, intimidation, or
bullying to an appropriate school official, and who makes
this report in compliance with the procedures in the district’s
policy prohibiting bullying, harassment, or intimidation, is
immune from a cause of action for damages arising from
any failure to remedy the reported incident. [2002 c 207 §
4.]
Findings—2002 c 207: See note following RCW 28A.300.285.
Chapter 28A.605
PARENT ACCESS
Sections
28A.605.010
28A.605.020
28A.605.030
Removing child from school grounds during school
hours.
Parents’ access to classroom or school sponsored activities—Limitation.
Student education records—Parental review—Release
of records—Procedure.
28A.605.010 Removing child from school grounds
during school hours. The board of directors of each school
district by rule or regulation shall set forth proper procedure
to ensure that each school within their district is carrying out
district policy providing that no child may be removed from
any school grounds or building thereon during school hours
except by a person so authorized by a parent or legal
guardian having legal custody thereof, except that a student
may leave secondary school grounds only in accordance with
the school district’s open campus policy under RCW
28A.600.035. Such rules shall be applicable to school
employees or their designees who may not remove, cause to
(2002 Ed.)
Parent Access
be removed, or allow to be removed, any student from
school grounds without authorization from the student’s
parent or legal guardian unless the employee is: The
student’s parent, legal guardian, or immediate family
member, a school employee providing school bus transportation services in accordance with chapter 28A.160 RCW, a
school employee supervising an extracurricular activity in
which the student is participating and the employee is
providing transportation to or from the activity; or, the
student is in need of emergent medical care, and the employee is unable to reach the parent for transportation of the
student. School security personnel may remove a student
from school grounds without parental authorization for
disciplinary reasons.
Nothing in this section shall be construed to limit
removal of a student from school grounds by any person
acting in his or her official capacity in response to a 911
emergency call. [1997 c 411 § 1; 1975 1st ex.s. c 248 § 1.
Formerly RCW 28A.58.050.]
28A.605.020 Parents’ access to classroom or school
sponsored activities—Limitation. Every school district
board of directors shall, after following established procedure, adopt a policy assuring parents access to their child’s
classroom and/or school sponsored activities for purposes of
observing class procedure, teaching material, and class
conduct: PROVIDED, That such observation shall not
disrupt the classroom procedure or learning activity. [1979
ex.s. c 250 § 8. Formerly RCW 28A.58.053.]
Effective date—Severability—1979 ex.s. c 250: See notes following
RCW 28A.150.220.
28A.605.030 Student education records—Parental
review—Release of records—Procedure. The parent or
guardian of a student who is or has been in attendance at a
school has the right to review all education records of the
student. A school may not release the education records of
a student without the written consent of the student’s parent
or guardian, except as authorized by RCW 28A.600.475 and
the family educational and privacy rights act of 1974, 20
U.S.C. Sec. 1232g.
The board of directors of each school district shall
establish a procedure for:
(1) Granting the request by a parent or guardian for
access to the education records of his or her child; and
(2) Prohibiting the release of student information
without the written consent of the student’s parent or
guardian, after the parent or guardian has been informed
what information is being requested, who is requesting the
information and why, and what will be done with the
information.
The procedure adopted by the school district must be in
compliance with the family educational and privacy rights
act of 1974, 20 U.S.C. Sec. 1232g. [1997 c 119 § 1.]
Reviser’s note: 1997 c 119 directed that this section be added to
chapter 28A.600 RCW. This section has been codified in chapter 28A.605
RCW, which relates more directly to parent access to student information.
(2002 Ed.)
28A.605.010
Chapter 28A.620
COMMUNITY EDUCATION PROGRAMS
Sections
28A.620.010
28A.620.020
Purposes.
Restrictions—Classes on parenting skills and child
abuse prevention encouraged.
28A.620.010 Purposes. The purposes of this section
and RCW 28A.620.020 are to:
(1) Provide educational, recreational, cultural, and other
community services and programs through the establishment
of the concept of community education with the community
school serving as the center for such activity;
(2) Promote a more efficient and expanded use of
existing school buildings and equipment;
(3) Help provide personnel to work with schools,
citizens and with other agencies and groups;
(4) Provide a wide range of opportunities for all citizens
including programs, if resources are available, to promote
parenting skills and promote awareness of the problem of
child abuse and methods to avoid child abuse;
(5) As used in this section, "parenting skills" shall
include: The importance of consistency in parenting; the
value of providing children with a balance of love and firm
discipline; the instruction of children in honesty, morality,
ethics, and respect for the law; and the necessity of preserving and nurturing the family unit; and
(6) Help develop a sense of community in which the
citizens cooperate with the public schools and community
agencies and groups to resolve their school and community
concerns and to recognize that the schools are available for
use by the community day and night, year-round or any time
when the programming will not interfere with the preschool
through grade twelve program. [1990 c 33 § 510. Prior:
1985 c 344 § 1; 1985 c 341 § 12; 1979 ex.s. c 120 § 1.
Formerly RCW 28A.58.246.]
28A.620.020 Restrictions—Classes on parenting
skills and child abuse prevention encouraged. Notwithstanding the provisions of RCW 28B.50.250, 28B.50.530 or
any other law, rule, or regulation, any school district is
authorized and encouraged to provide community education
programs in the form of instructional, recreational and/or
service programs on a noncredit and nontuition basis,
excluding fees for supplies, materials, or instructor costs, for
the purpose of stimulating the full educational potential and
meeting the needs of the district’s residents of all ages, and
making the fullest use of the district’s school facilities:
PROVIDED, That school districts are encouraged to provide
programs for prospective parents, prospective foster parents,
and prospective adoptive parents on parenting skills, violence
prevention, and on the problems of child abuse and methods
to avoid child abuse situations: PROVIDED FURTHER,
That community education programs shall be consistent with
rules and regulations promulgated by the state superintendent
of public instruction governing cooperation between common
schools, community college districts, and other civic and
governmental organizations which shall have been developed
in cooperation with the state board for community and
technical colleges and shall be programs receiving the
approval of said superintendent. [1994 sp.s. c 7 § 603; 1985
[Title 28A RCW—page 211]
28A.620.020
Title 28A RCW: Common School Provisions
c 344 § 2; 1979 ex.s. c 120 § 2; 1973 c 138 § 1. Formerly
RCW 28A.58.247.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Chapter 28A.623
MEAL PROGRAMS
Sections
28A.623.010
28A.623.020
28A.623.030
Nonprofit program for elderly—Purpose.
Nonprofit program for elderly—Authorized—
Restrictions.
Nonprofit program for certain children and students—
Conditions and restrictions.
28A.623.010 Nonprofit program for elderly—
Purpose. The legislature finds that many elderly persons
suffer dietary deficiencies and malnutrition due to inadequate
financial resources, immobility, lack of interest due to
isolation and loneliness, and characteristics of the aging
process, such as physiological, social, and psychological
changes which result in a way of life too often leading to
feelings of rejection, abandonment, and despair. There is a
real need as a matter of public policy to provide the elderly
citizens with adequate nutritionally sound meals, through
which their isolation may be penetrated with the company
and the social contacts of their own. It is the declared
purpose of RCW 28A.235.120, 28A.623.010, and
28A.623.020 to raise the level of dignity of the aged
population where their remaining years can be lived in a
fulfillment equal to the benefits they have bestowed, the
richness they have added, and the great part they have
played in the life of our society and nation. [1990 c 33 §
511; 1973 c 107 § 1. Formerly RCW 28A.58.720.]
28A.623.020 Nonprofit program for elderly—
Authorized—Restrictions. The board of directors of any
school district may establish or allow for the establishment
of a nonprofit meal program for feeding elderly persons
residing within the area served by such school district using
school facilities, and may authorize the extension of any
school food services for the purpose of feeding elderly
persons, subject to the following conditions and restrictions:
(1) The charge to such persons for each meal shall not
exceed the actual cost of such meal to the school.
(2) The program will utilize methods of administration
which will assure that the maximum number of eligible
individuals may have an opportunity to participate in such a
program, and will coordinate, whenever possible, with the
local area agency on aging.
(3) Any nonprofit meal program established pursuant to
RCW 28A.235.120, 28A.623.010, and 28A.623.020 may not
be operated so as to interfere with the normal educational
process within the schools.
(4) No school district funds may be used for the
operation of such a meal program.
(5) For purposes of RCW 28A.235.120, 28A.623.010,
and 28A.623.020, "elderly persons" shall mean persons who
are at least sixty years of age. [1990 c 33 § 512; 1973 c
107 § 3. Formerly RCW 28A.58.722.]
[Title 28A RCW—page 212]
28A.623.030 Nonprofit program for certain children
and students—Conditions and restrictions. The board of
directors of any school district may establish or allow for the
establishment of a nonprofit meal program using school
facilities for feeding children who are participating in
educational programs or activities conducted by private,
nonprofit organizations and entities and students who are
attending private elementary and secondary schools, and may
authorize the extension of any school food services for the
purpose of feeding such children and students, subject to the
following conditions and restrictions:
(1) The charge to such persons, organizations, entities
or schools for each meal shall be not less than the actual
cost of such meal to the school, inclusive of a reasonable
charge for overhead and the value of the use of the facilities.
(2) The meal program shall not be operated so as to
interfere with the educational process within the school
district.
(3) The meal program shall not be operated so as to
impair or reduce the provision of food services to students
of the school districts. [1979 c 58 § 2. Formerly RCW
28A.58.724.]
Severability—1979 c 58: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 58 § 3.]
Chapter 28A.625
AWARDS
Sections
EXCELLENCE IN EDUCATION
28A.625.010
28A.625.020
28A.625.030
28A.625.042
28A.625.050
Short title.
Recipients—Awards.
Washington State Christa McAuliffe award for teachers.
Certificates—Recognition awards.
Rules.
EMPLOYEE SUGGESTION PROGRAM
28A.625.100
28A.625.110
Board of directors of a school district may establish.
Awards.
COMMENDABLE EMPLOYEE SERVICE
AND RECOGNITION AWARD
28A.625.150
Award program.
MATHEMATICS, ENGINEERING, AND
SCIENCE ACHIEVEMENT
28A.625.200
28A.625.210
28A.625.220
28A.625.230
28A.625.240
Findings and intent.
Mathematics, engineering, and science achievement
program—Establishment and administration
through University of Washington—Goals.
Mathematics, engineering, and science achievement
program—Coordinator—Staff.
Coordinator to develop selection standards.
Local program centers.
SCHOOL IMPROVEMENT AND RESEARCH PROJECTS
28A.625.350
28A.625.360
28A.625.370
28A.625.380
28A.625.390
28A.625.900
Short title.
Excellence in teacher preparation award established.
Award for teacher educator.
Rules.
Educational grant—Eligibility—Award.
Severability—1990 1st ex.s. c 10.
(2002 Ed.)
Awards
EXCELLENCE IN EDUCATION
28A.625.010 Short title. RCW 28A.625.020 through
*28A.625.065 may be known and cited as the Washington
award for excellence in education program act. [1995 c 335
§ 107; 1990 c 33 § 513; 1986 c 147 § 1. Formerly RCW
28A.03.520.]
*Reviser’s note: RCW 28A.625.065 expired June 30, 1998.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Commendable employee service and recognition award program: RCW
28A.625.150.
28A.625.020 Recipients—Awards. The superintendent of public instruction shall establish an annual award
program for excellence in education to recognize teachers,
principals, administrators, classified staff, school district
superintendents, and school boards for their leadership,
contributions, and commitment to education. The program
shall recognize annually:
(1) Five teachers from each congressional district of the
state. One individual must be an elementary level teacher,
one must be a junior high or middle school level teacher,
and one must be a secondary level teacher. Teachers shall
include educational staff associates;
(2) Five principals or administrators from the state;
(3) One school district superintendent from the state;
(4) One school district board of directors from the state;
and
(5) Three classified staff from each congressional
district of the state. [1991 c 255 § 1. Prior: 1990 c 77 §
1; 1990 c 33 § 514; 1989 c 75 § 1; 1988 c 251 § 1; 1987 1st
ex.s. c 2 § 209; 1986 c 147 § 2. Formerly RCW
28A.03.523.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
28A.625.030 Washington State Christa McAuliffe
award for teachers. The award for teachers under the
Washington award for excellence in education program shall
be named the "Washington State Christa McAuliffe Award,
in honor and memory of Sharon Christa Corrigan
McAuliffe." As the first teacher and private citizen selected
nationally to voyage into space, Christa McAuliffe exemplified what is exciting and positive about the teaching profession. Her contributions within the scope of the nation’s
education system helped to show that education can and
should be a vital and dynamic experience for all participants.
Christa McAuliffe’s chosen profession encompasses learning
by discovery and her desire to make new discoveries was
reflected by her participation in the nation’s space program.
The selection of Christa McAuliffe as the first teacher
in space was directly linked to Washington state in that then
superintendent of public instruction Dr. Frank Brouillet both
appointed and served as a member of the national panel
which selected Christa McAuliffe.
The tragic loss of the life of Christa McAuliffe on the
flight of the space shuttle Challenger on January 28, 1986,
will be remembered through the legacy she gave to her
family, friends, relatives, students, colleagues, the education
profession, and the nation: A model example of striving
(2002 Ed.)
28A.625.010
toward excellence. [1991 c 255 § 2; 1986 c 147 § 3.
Formerly RCW 28A.03.526.]
28A.625.042 Certificates—Recognition awards. (1)
All recipients of the Washington award for excellence in
education shall receive a certificate presented by the governor and the superintendent of public instruction, or their
designated representatives, at a public ceremony or ceremonies in appropriate locations.
(2) In addition to the certificate under subsection (1) of
this section, the award for teachers, classified employees,
superintendents employed by second class school districts,
and principals or administrators shall include a recognition
award of at least two thousand five hundred dollars. The
amount of the recognition award for superintendents employed by first class school districts shall be at least one
thousand dollars. The recognition award shall not be
considered compensation for the purposes of RCW
28A.400.200.
(3) In addition to the certificate under subsection (1) of
this section, the award for the school board shall include a
recognition award not to exceed two thousand five hundred
dollars. The school board must use its recognition award for
an educational purpose. [1994 c 279 § 4.]
Effective date—1994 c 279 § 4: "Section 4 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect April 1, 1994." [1994 c 279 § 6.]
Severability—1994 c 279: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 279 § 7.]
28A.625.050 Rules. The superintendent of public
instruction shall adopt rules under chapter 34.05 RCW to
carry out the purposes of RCW 28A.625.010 through
*28A.625.065. These rules shall include establishing the
selection criteria for the Washington award for excellence in
education program. The superintendent is encouraged to
consult with teachers, educational staff associates, principals,
administrators, classified employees, superintendents, and
school board members in developing the selection criteria.
Notwithstanding the provisions of RCW 28A.625.020 (1)
and (2), such rules may allow for the selection of individuals
whose teaching or administrative duties, or both, may
encompass multiple grade level or building assignments, or
both. [1995 c 335 § 108; 1991 c 255 § 8; 1990 c 33 § 516;
1988 c 251 § 2; 1986 c 147 § 5. Formerly RCW
28A.03.532.]
*Reviser’s note: RCW 28A.625.065 expired June 30, 1998.
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
EMPLOYEE SUGGESTION PROGRAM
28A.625.100 Board of directors of a school district
may establish. The board of directors of any school district
may establish and maintain an employee suggestion program
to encourage and reward meritorious suggestions by certificated and classified school employees. The program shall be
designed to promote efficiency or economy in the performance of any function of the school district. Each board
[Title 28A RCW—page 213]
28A.625.100
Title 28A RCW: Common School Provisions
establishing an employee suggestion program shall establish
procedures for the proper administration of the program.
[1986 c 143 § 1. Formerly RCW 28A.02.320.]
Effective date—1986 c 143: "This act shall take effect on August 1,
1986." [1986 c 143 § 4.]
28A.625.110 Awards. The board of directors of the
school district shall make the final determination as to
whether an employee suggestion award will be made and
shall determine the nature and extent of the award. The
award shall not be a regular or supplemental compensation
program for all employees and the suggestion must, in fact,
result in actual savings greater than the award amount. Any
moneys which may be awarded to an employee as part of an
employee suggestion program shall not be considered salary
or compensation for the purposes of RCW 28A.400.200 or
chapter 41.40 RCW. [1990 c 33 § 519; 1987 1st ex.s. c 2
§ 207; 1986 c 143 § 2. Formerly RCW 28A.02.325.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Effective date—1986 c 143: See note following RCW 28A.625.100.
COMMENDABLE EMPLOYEE SERVICE AND
RECOGNITION AWARD
28A.625.150 Award program. The board of directors
of any school district may establish a commendable employee service and recognition award program for certificated
and classified school employees. The program shall be
designed to recognize exemplary service, special achievements, or outstanding contributions by an individual in the
performance of his or her duties as an employee of the
school district. The board of directors of the school district
shall determine the extent and type of any nonmonetary
award. The value of any nonmonetary award shall not be
deemed salary or compensation for the purposes of RCW
28A.400.200 or chapter 41.32 RCW. [1990 c 33 § 520;
1987 1st ex.s. c 2 § 210; 1985 c 399 § 2. Formerly RCW
28A.58.842.]
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Award for excellence in education program: RCW 28A.625.020 through
28A.625.050.
MATHEMATICS, ENGINEERING, AND
SCIENCE ACHIEVEMENT
28A.625.200 Findings and intent. The legislature
finds that high technology is important to the state’s economy and the welfare of its citizens. The legislature finds that
certain groups, as characterized by sex or ethnic background,
are traditionally underrepresented in mathematics, engineering, and the science-related professions in this state. The
legislature finds that women and minority students have been
traditionally discouraged from entering the fields of science
and mathematics including teaching in these fields. The
legislature finds that attitudes and knowledges acquired
during the kindergarten through eighth grade prepare
students to succeed in high school science and mathematics
programs and that special skills necessary for these fields
need to be acquired during the ninth through twelfth grades.
[Title 28A RCW—page 214]
It is the intent of the legislature to promote a mathematics,
engineering, and science achievement program to help
increase the number of people in these fields and teaching in
these fields from groups underrepresented in these fields.
[1989 c 66 § 1; 1984 c 265 § 1. Formerly RCW
28A.03.430.]
Implementation—Funding required—1984 c 265: "Implementation
of this act shall be subject to funds being appropriated or otherwise
available for such purposes." [1984 c 265 § 6.]
28A.625.210 Mathematics, engineering, and science
achievement program—Establishment and administration
through University of Washington—Goals. A program to
increase the number of people from groups underrepresented
in the fields of mathematics, engineering, and the physical
sciences in this state shall be established by the University
of Washington. The program shall be administered through
the University of Washington and designed to:
(1) Encourage students in the targeted groups in the
common schools, with a particular emphasis on those
students in middle and junior high schools and the sixth
through twelfth grades, to acquire the academic skills needed
to study mathematics, engineering, or related sciences at an
institution of higher education;
(2) Promote the awareness of career opportunities
including the career opportunities of teaching in the fields of
science and mathematics and the skills necessary to achieve
those opportunities among students sufficiently early in their
educational careers to permit and encourage the students to
acquire the skills;
(3) Promote cooperation among institutions of higher
education, the superintendent of public instruction and local
school districts in working towards the goals of the program;
and
(4) Solicit contributions of time and resources from
public and private institutions of higher education, high
schools, middle and junior high schools, and private business
and industry. [1990 c 286 § 1; 1989 c 66 § 2; 1984 c 265
§ 2. Formerly RCW 28A.03.432.]
Implementation—Funding required—1984 c 265: See note
following RCW 28A.625.200.
28A.625.220 Mathematics, engineering, and science
achievement program—Coordinator—Staff. A coordinator shall be hired to administer the program. Additional staff
as necessary may be hired. [1984 c 265 § 3. Formerly
RCW 28A.03.434.]
Implementation—Funding required—1984 c 265: See note
following RCW 28A.625.200.
28A.625.230 Coordinator to develop selection
standards. The coordinator shall develop standards and
criteria for selecting students who participate in the program
which may include predictive instruments to ascertain
aptitude and probability of success. The standards shall
include requirements that students take certain courses,
maintain a certain grade point average, and participate in
activities sponsored by the program. Women and students
from minority groups, which are traditionally
underrepresented in mathematics and science-related professions and which meet the requirements established by the
(2002 Ed.)
Awards
coordinator shall be selected. [1984 c 265 § 4. Formerly
RCW 28A.03.436.]
Implementation—Funding required—1984 c 265: See note
following RCW 28A.625.200.
28A.625.240 Local program centers. The coordinator shall establish local program centers throughout the state
to implement RCW 28A.625.210 through 28A.625.230.
Each center shall be managed by a center director. Additional staff as necessary may be hired. [1990 c 33 § 521;
1984 c 265 § 5. Formerly RCW 28A.03.438.]
Implementation—Funding required—1984 c 265: See note
following RCW 28A.625.200.
SCHOOL IMPROVEMENT AND
RESEARCH PROJECTS
28A.625.350 Short title. RCW 28A.625.360 through
28A.625.390 may be known and cited as the Washington
award for excellence in teacher preparation act. [1990 1st
ex.s. c 10 § 1.]
Finding—1990 1st ex.s. c 10: "The legislature finds that excellence
in teacher preparation requires increased cooperation and coordination
between institutions of higher education and school districts as it relates to
the preparation of students into the profession of teaching. The legislature
further finds that an increase in the level of such cooperation and coordination in selecting, training, and supervising excellent "cooperating" teachers,
and the development of new school and university partnerships, will be
beneficial to the teaching profession, and will enhance the ability of all new
teachers to perform at a more competent level during their initial teaching
experience." [1990 1st ex.s. c 10 § 6.]
28A.625.360 Excellence in teacher preparation
award established. (1) The state board of education shall
establish an annual award program for excellence in teacher
preparation to recognize higher education teacher educators
for their leadership, contributions, and commitment to
education.
(2) The program shall recognize annually one teacher
preparation faculty member from one of the teacher preparation programs approved by the state board of education.
[1990 1st ex.s. c 10 § 2.]
Finding—1990 1st ex.s. c 10: See note following RCW
28A.625.350.
28A.625.370 Award for teacher educator. The
award for the teacher educator shall include:
(1) A certificate presented to the teacher educator by the
governor, the president of the state board of education, and
the superintendent of public instruction at a public ceremony;
and
(2) A grant to the professional education advisory board
of the institution from which the teacher educator is selected,
which grant shall not exceed two thousand five hundred
dollars and which grant shall be awarded under RCW
28A.625.390. [1990 1st ex.s. c 10 § 3.]
Finding—1990 1st ex.s. c 10: See note following RCW
28A.625.350.
28A.625.380 Rules. The state board of education
shall adopt rules under chapter 34.05 RCW to carry out the
purposes of RCW 28A.625.360 through 28A.625.390. These
(2002 Ed.)
28A.625.230
rules shall include establishing the selection criteria for the
Washington award for excellence in teacher preparation.
The state board of education is encouraged to consult with
teacher educators, deans, and professional education advisory
board members in developing the selection criteria. The
criteria shall include any role performed by nominees
relative to implementing innovative developments by the
nominee’s teacher preparation program and efforts the
nominee has made to assist in communicating with legislators, common school teachers and administrators and others
about the nominee’s teacher preparation program. [1990 1st
ex.s. c 10 § 4.]
Finding—1990 1st ex.s. c 10: See note following RCW
28A.625.350.
28A.625.390 Educational grant—Eligibility—
Award. The professional education advisory board for the
institution from which the teacher educator has been selected
to receive an award shall be eligible to apply for an educational grant as provided under RCW 28A.625.370. The state
board of education shall award the grant after the state board
has approved the grant application as long as the written
grant application is submitted to the state board within one
year after the award is received by the teacher educator.
The grant application shall identify the educational purpose
toward which the grant shall be used. [1990 1st ex.s. c 10
§ 5.]
Finding—1990 1st ex.s. c 10: See note following RCW
28A.625.350.
28A.625.900 Severability—1990 1st ex.s. c 10. If
any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 1st ex.s. c 10 § 10.]
Chapter 28A.630
TEMPORARY PROVISIONS—SPECIAL PROJECTS
Sections
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
28A.630.005
Pilot project to assist school-age children in short-term
foster care.
DEVELOPMENT OF EDUCATIONAL PARAPROFESSIONAL
TRAINING PROGRAM
28A.630.400
Paraeducator associate of arts degree.
AT-RISK STUDENTS
28A.630.810
Rules.
SCHOOL-TO-WORK TRANSITION PROJECT
28A.630.881
School-to-work transition project—Findings—Intent—
Outreach—Technical assistance.
PILOT PROJECT FOR CHILDREN IN FOSTER CARE
28A.630.005 Pilot project to assist school-age
children in short-term foster care. (1) The Nooksack
Valley and Mount Vernon school districts shall implement
a pilot project within existing resources to assist school-age
children in foster care fewer than seventy-five days to
[Title 28A RCW—page 215]
28A.630.005
Title 28A RCW: Common School Provisions
continue attending the school where they were enrolled
before entering foster care. The pilot project shall be
implemented as provided in this section no later than April
30, 2002, and shall conclude June 30, 2003. Data from the
pilot project shall be compiled and submitted to the working
group established in RCW 28A.300.800 no later than July
30, 2002, and periodically thereafter.
(2) For the purposes of the pilot project in the two
school districts, the department of social and health services
and the school districts shall, as appropriate, undertake the
following activities:
(a) A school-age child who enters foster care on or after
April 30, 2002, shall, unless it is determined to be not in the
best interest of the child, continue attending the school where
she or he was enrolled before entering foster care, notwithstanding the physical location of the child’s principal abode.
The best interest of the child determination shall be made at
the seventy-two hour shelter care hearing, and reviewed at
any subsequent shelter care hearing.
(b) The department of social and health services, the
school the child was attending prior to entering foster care,
and the school that serves the child’s foster home shall
negotiate a plan for transporting the child to the school the
child was attending prior to entering foster care. The
department of social and health services shall not be responsible for the cost of transportation of the children in the pilot
project.
(c) If the department of social and health services places
a child in foster care, and the child does not continue to
attend the school the child was attending prior to entering
foster care, the department shall notify the school about the
change. [2002 c 326 § 2.]
Effective date—2002 c 326: See note following RCW 28A.300.800.
DEVELOPMENT OF EDUCATIONAL
PARAPROFESSIONAL TRAINING PROGRAM
28A.630.400 Paraeducator associate of arts degree.
(1) The state board of education and the state board for
community and technical colleges, in consultation with the
superintendent of public instruction, the higher education
coordinating board, the state apprenticeship training council,
and community colleges, shall adopt rules as necessary under
chapter 34.05 RCW to implement the paraeducator associate
of arts degree.
(2) As used in this section, a "paraeducator" is an
individual who has completed an associate of arts degree for
a paraeducator. The paraeducator may be hired by a school
district to assist certificated instructional staff in the direct
instruction of children in small and large groups, individualized instruction, testing of children, recordkeeping, and
preparation of materials. The paraeducator shall work under
the direction of instructional certificated staff.
(3) The training program for a paraeducator associate of
arts degree shall include, but is not limited to, the general
requirements for receipt of an associate of arts degree and
training in the areas of introduction to childhood education,
orientation to children with disabilities, fundamentals of
childhood education, creative activities for children, instructional materials for children, fine art experiences for children, the psychology of learning, introduction to education,
[Title 28A RCW—page 216]
child health and safety, child development and guidance, first
aid, and a practicum in a school setting.
(4) Consideration shall be given to transferability of
credit earned in this program to teacher preparation programs
at colleges and universities. [1995 c 335 § 202; 1995 c 77
§ 27; 1991 c 285 § 2; 1989 c 370 § 1. Formerly RCW
28A.04.180.]
Reviser’s note: This section was amended by 1995 c 77 § 27 and by
1995 c 335 § 202, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
AT-RISK STUDENTS
28A.630.810 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW to carry out the provisions of chapter 233, Laws of
1989. [1989 c 233 § 17. Formerly RCW 28A.120.800.]
SCHOOL-TO-WORK TRANSITION PROJECT
28A.630.881 School-to-work transition project—
Findings—Intent—Outreach—Technical assistance. (1)
The legislature finds that students who do not prepare for
postsecondary education, training, and employment are more
likely to become dependent on state assistance programs than
those who do make such preparation and that long-term
employment and earning outcomes for youth can be significantly improved through school-to-work transition efforts,
particularly through work-based learning experiences. The
legislature intends that every effort be made to involve all
youth in preparation for postsecondary education, training,
and employment, including out-of-school youth.
(2) Washington is engaged in developing school-to-work
transitions for all youth, which involves preparation for
postsecondary education, training, and employment and
requires outreach to out-of-school youth. All school-to-work
transition projects in the state, therefore, whether funded by
state or federal funds, shall contain an outreach component
directed toward school-age youth not currently enrolled in
school and demonstrate the involvement of all in-school
youth in preparation for postsecondary education or training
or employment. At the time a school-to-work grant is made,
the superintendent of public instruction shall withhold twenty
percent of the grant award and release the funds upon a
showing that the project has satisfactorily included outreach
to out-of-school youth and progress in involving students not
traditionally engaged in preparation for postsecondary
education, training, or employment.
(3) The office of the superintendent of public instruction
shall provide technical assistance to ensure that school
districts establish and operate outreach efforts under this
section, and to include out-of-school youth in school-to-work
efforts within available funds. [1997 c 58 § 304.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
(2002 Ed.)
Offenses Relating to School Property and Personnel
Chapter 28A.635
OFFENSES RELATING TO SCHOOL PROPERTY
AND PERSONNEL
Sections
28A.635.010
28A.635.020
Abusing or insulting teachers, liability for—Penalty.
Willfully disobeying school administrative personnel
or refusing to leave public property, violations,
when—Penalty.
28A.635.030
Disturbing school, school activities or meetings—
Penalty.
28A.635.040
Examination questions—Disclosing—Penalty.
28A.635.050
Certain corrupt practices of school officials—Penalty.
28A.635.060
Defacing or injuring school property—Liability of
pupil, parent, or guardian—Withholding grades,
diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—
Rights protected.
28A.635.070
Property, failure of officials or employees to account
for—Mutilation by—Penalties.
28A.635.080
Director’s connivance to employ uncertified teachers—
Liability.
28A.635.090
Interference by force or violence—Penalty.
28A.635.100
Intimidating any administrator, teacher, classified
employee, or student by threat of force or violence
unlawful.
28A.635.110
Violations under RCW 28A.635.090 and
28A.635.100—Disciplinary authority exception.
28A.635.120
Violations under RCW 28A.635.090 and
28A.635.100—Penalty.
Educational employment relations act: Chapter 41.59 RCW.
28A.635.010 Abusing or insulting teachers, liability
for—Penalty. Any person who shall insult or abuse a
teacher anywhere on the school premises while such teacher
is carrying out his or her official duties, shall be guilty of a
misdemeanor, the penalty for which shall be a fine of not
less than ten dollars nor more than one hundred dollars.
[1990 c 33 § 536; 1984 c 258 § 314; 1969 ex.s. c 199 § 55;
1969 ex.s. c 223 § 28A.87.010. Prior: 1909 c 97 p 360 §
11; RRS § 5054; prior: 1903 c 156 § 11; 1897 c 118 § 169;
1890 p 383 § 86. Formerly RCW 28A.87.010, 28.87.010.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.020 Willfully disobeying school administrative personnel or refusing to leave public property,
violations, when—Penalty. (1) It shall be unlawful for any
person to willfully disobey the order of the chief administrative officer of a public school district, or of an authorized
designee of any such administrator, to leave any motor
vehicle, building, grounds or other property which is owned,
operated or controlled by the school district if the person so
ordered is under the influence of alcohol or drugs, or is
committing, threatens to imminently commit or incites
another to imminently commit any act which would disturb
or interfere with or obstruct any lawful task, function,
process or procedure of the school district or any lawful
task, function, process or procedure of any student, official,
employee or invitee of the school district. The order of a
school officer or designee acting pursuant to this subsection
shall be valid if the officer or designee reasonably believes
a person ordered to leave is under the influence of alcohol
or drugs, is committing acts, or is creating a disturbance as
provided in this subsection.
(2002 Ed.)
Chapter 28A.635
(2) It shall be unlawful for any person to refuse to leave
public property immediately adjacent to a building, grounds
or property which is owned, operated or controlled by a
school district when ordered to do so by a law enforcement
officer if such person is engaging in conduct which creates
a substantial risk of causing injury to any person, or substantial harm to property, or such conduct amounts to disorderly
conduct under RCW 9A.84.030.
(3) Nothing in this section shall be construed to prohibit
or penalize activity consisting of the lawful exercise of
freedom of speech, freedom of press and the right to
peaceably assemble and petition the government for a redress
of grievances: PROVIDED, That such activity neither does
or threatens imminently to materially disturb or interfere
with or obstruct any lawful task, function, process or
procedure of the school district, or any lawful task, function,
process or procedure of any student, official, employee or
invitee of the school district: PROVIDED FURTHER, That
such activity is not conducted in violation of a prohibition or
limitation lawfully imposed by the school district upon entry
or use of any motor vehicle, building, grounds or other
property which is owned, operated or controlled by the
school district.
(4) Any person guilty of violating this section shall be
deemed guilty of a gross misdemeanor punishable as
provided in chapter 9A.20 RCW. [1997 c 266 § 6; 1981 c
36 § 1; 1975-’76 2nd ex.s. c 100 § 1. Formerly RCW
28A.87.055.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Severability—1975-’76 2nd ex.s. c 100: "If any provision of this
1976 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of the act, or the application of the provision to
other persons or circumstances is not affected." [1975-’76 2nd ex.s. c 100
§ 3.]
28A.635.030 Disturbing school, school activities or
meetings—Penalty. Any person who shall willfully create
a disturbance on school premises during school hours or at
school activities or school meetings shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum
not more than fifty dollars. [1984 c 258 § 315; 1969 ex.s.
c 199 § 57; 1969 ex.s. c 223 § 28A.87.060. Prior: 1909 c
97 p 361 § 12; RRS § 5055; prior: 1903 c 156 § 12; 1897
c 118 § 170; 1890 p 383 § 87. Formerly RCW 28A.87.060,
28.87.060.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.040 Examination questions—Disclosing—
Penalty. Any person having access to any question or
questions prepared for the examination of teachers or
common school pupils, who shall directly or indirectly
disclose the same before the time appointed for the use of
the questions in the examination of such teachers or pupils,
or who shall directly or indirectly assist any person to
answer any question submitted, shall be guilty of a misdemeanor, the penalty for which shall be a fine in any sum not
less than one hundred nor more than five hundred dollars.
[1984 c 258 § 316; 1969 ex.s. c 199 § 58; 1969 ex.s. c 223
§ 28A.87.070. Prior: 1909 c 97 p 357 § 1; RRS § 5043;
[Title 28A RCW—page 217]
28A.635.040
Title 28A RCW: Common School Provisions
prior: 1903 c 156 § 1; 1897 c 118 § 159. Formerly RCW
28A.87.070, 28.87.070.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.050 Certain corrupt practices of school
officials—Penalty. Except as otherwise provided in chapter
42.23 RCW, it shall be unlawful for any member of the state
board of education, the superintendent of public instruction
or any employee of the superintendent’s office, any educational service district superintendent, any school district
superintendent or principal, or any director of any school
district, to request or receive, directly or indirectly, anything
of value for or on account of his or her influence with
respect to any act or proceeding of the state board of
education, the office of the superintendent of public instruction, any office of educational service district superintendent
or any school district, or any of these, when such act or
proceeding shall inure to the benefit of those offering or
giving the thing of value.
Any willful violation of the provisions of this section
shall be a misdemeanor and punished as such. [1990 c 33
§ 537; 1975 1st ex.s. c 275 § 143; 1969 ex.s. c 176 § 150;
1969 ex.s. c 223 § 28A.87.090. Prior: 1917 c 126 § 1;
RRS § 5050. Formerly RCW 28A.87.090, 28.87.090.]
Rights preserved—Severability—1969 ex.s. c 176: See notes
following RCW 28A.310.010.
28A.635.060 Defacing or injuring school property—
Liability of pupil, parent, or guardian—Withholding
grades, diploma, or transcripts—Suspension and restitution—Voluntary work program as alternative—Rights
protected. (1) Any pupil who defaces or otherwise injures
any school property, or property belonging to a school
contractor, employee, or another student, is subject to
suspension and punishment. If any property of the school
district, a contractor of the district, an employee, or another
student has been lost or willfully cut, defaced, or injured, the
school district may withhold the grades, diploma, and transcripts of the pupil responsible for the damage or loss until
the pupil or the pupil’s parent or guardian has paid for the
damages. If the student is suspended, the student may not
be readmitted until the student or parents or legal guardian
has made payment in full or until directed by the superintendent of schools. If the property damaged is a school bus
owned and operated by or contracted to any school district,
a student suspended for the damage may not be permitted to
enter or ride any school bus until the student or parent or
legal guardian has made payment in full or until directed by
the superintendent. When the pupil and parent or guardian
are unable to pay for the damages, the school district shall
provide a program of voluntary work for the pupil in lieu of
the payment of monetary damages. Upon completion of
voluntary work the grades, diploma, and transcripts of the
pupil shall be released. The parent or guardian of such pupil
shall be liable for damages as otherwise provided by law.
(2) Before any penalties are assessed under this section,
a school district board of directors shall adopt procedures
which insure that pupils’ rights to due process are protected.
[Title 28A RCW—page 218]
(3) If the department of social and health services or a
child-placing agency licensed by the department has been
granted custody of a child, that child’s records, if requested
by the department or agency, are not to be withheld for
nonpayment of school fees or any other reason. [1997 c 266
§ 13; 1994 c 304 § 1; 1993 c 347 § 3; 1989 c 269 § 6; 1982
c 38 § 1; 1969 ex.s. c 223 § 28A.87.120. Prior: 1909 c 97
p 361 § 41; RRS § 5057; prior: 1903 c 156 § 14; 1897 c
118 § 172; 1890 p 372 § 48. Formerly RCW 28A.87.120,
28.87.120.]
Findings—Intent—Severability—1997 c 266: See notes following
RCW 28A.600.455.
Effective date—1994 c 304: "This act shall take effect July 1, 1994."
[1994 c 304 § 4.]
Action against parent for willful injury to property by minor—Monetary
limitation—Common law liability preserved: RCW 4.24.190.
28A.635.070 Property, failure of officials or employees to account for—Mutilation by—Penalties. Any school
district official or employee who shall refuse or fail to
deliver to his or her qualified successor all books, papers,
and records pertaining to his or her position, or who shall
willfully mutilate or destroy any such property, or any part
thereof, shall be guilty of a misdemeanor, the penalty for
which shall be a fine not to exceed one hundred dollars:
PROVIDED, That for each day there is a refusal or failure
to deliver to a successor books, papers and records, a
separate offense shall be deemed to have occurred. [1990 c
33 § 538; 1984 c 258 § 317; 1969 ex.s. c 199 § 60; 1969
ex.s. c 223 § 28A.87.130. Prior: 1909 c 97 p 359 § 7, part;
RRS § 5049, part; prior: 1907 c 240 § 16, part; 1903 c 156
§ 7, part; 1897 c 118 § 165, part. Formerly RCW
28A.87.130, 28.87.130, part.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
28A.635.080 Director’s connivance to employ
uncertified teachers—Liability. Any school district
director who shall aid in or give his or her consent to the
employment of a teacher who is not the holder of a valid
teacher’s certificate issued under authority of chapter
28A.410 RCW authorizing him or her to teach in the school
district by which employed shall be personally liable to his
or her district for any loss which it may sustain by reason of
the employment of such person. [1990 c 33 § 539; 1969
ex.s. c 223 § 28A.87.135. Prior: 1909 c 97 p 359 § 7, part;
RRS § 5049, part; prior: 1907 c 240 § 16, part; 1903 c 156
§ 7, part; 1897 c 118 § 165, part. Formerly RCW
28A.87.135, 28.87.130, part, 28.87.160.]
28A.635.090 Interference by force or violence—
Penalty. It shall be unlawful for any person, singly or in
concert with others, to interfere by force or violence with
any administrator, teacher, classified employee, person under
contract with the school or school district, or student of any
common school who is in the peaceful discharge or conduct
of his or her duties or studies. Any such interference by
force or violence committed by a student shall be grounds
for immediate suspension or expulsion of the student. [1996
(2002 Ed.)
Offenses Relating to School Property and Personnel
c 321 § 3; 1990 c 33 § 540; 1988 c 2 § 1; 1971 c 45 § 3.
Formerly RCW 28A.87.230.]
28A.635.100 Intimidating any administrator,
teacher, classified employee, or student by threat of force
or violence unlawful. It shall be unlawful for any person,
singly or in concert with others, to intimidate by threat of
force or violence any administrator, teacher, classified
employee, or student of any common school who is in the
peaceful discharge or conduct of his or her duties or studies.
[1990 c 33 § 541; 1988 c 2 § 2; 1971 c 45 § 4. Formerly
RCW 28A.87.231.]
28A.635.110 Violations under RCW 28A.635.090
and 28A.635.100—Disciplinary authority exception. The
crimes defined in RCW 28A.635.090 and 28A.635.100 shall
not apply to school administrators, teachers, or classified
employees who are engaged in the reasonable exercise of
their disciplinary authority. [1990 c 33 § 542; 1988 c 2 § 3;
1971 c 45 § 5. Formerly RCW 28A.87.232.]
28A.635.120 Violations under RCW 28A.635.090
and 28A.635.100—Penalty. Any person guilty of violating
RCW 28A.635.090 and 28A.635.100 shall be deemed guilty
of a gross misdemeanor and, upon conviction thereon, shall
be fined not more than five hundred dollars, or imprisoned
in jail not more than six months or both such fine and
imprisonment. [1990 c 33 § 543; 1971 c 45 § 6. Formerly
RCW 28A.87.233.]
Severability—1971 c 45: See note following RCW 28B.10.570.
Chapter 28A.640
SEXUAL EQUALITY
Sections
28A.640.010
28A.640.020
Purpose—Discrimination prohibited.
Regulations, guidelines to eliminate discrimination—
Scope—Sexual harassment policies.
28A.640.030
Administration.
28A.640.040
Civil relief for violations.
28A.640.050
Enforcement—Superintendent’s orders, scope.
28A.640.900
Chapter supplementary.
Discrimination—Separation of sexes in dormitories, residence halls, etc.:
RCW 49.60.222.
28A.640.010 Purpose—Discrimination prohibited.
Inequality in the educational opportunities afforded women
and girls at all levels of the public schools in Washington
state is a breach of Article XXXI, section 1, Amendment 61,
of the Washington state Constitution, requiring equal
treatment of all citizens regardless of sex. This violation of
rights has had a deleterious effect on the individuals affected
and on society. Recognizing the benefit to our state and
nation of equal educational opportunities for all students,
discrimination on the basis of sex for any student in grades
K-12 of the Washington public schools is prohibited. [1975
1st ex.s. c 226 § 1. Formerly RCW 28A.85.010.]
Severability—1975 1st ex.s. c 226: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 226 § 8.]
(2002 Ed.)
28A.635.090
28A.640.020 Regulations, guidelines to eliminate
discrimination—Scope—Sexual harassment policies. (1)
The superintendent of public instruction shall develop
regulations and guidelines to eliminate sex discrimination as
it applies to public school employment, counseling and
guidance services to students, recreational and athletic
activities for students, access to course offerings, and in
textbooks and instructional materials used by students.
(a) Specifically with respect to public school employment, all schools shall be required to:
(i) Maintain credential requirements for all personnel
without regard to sex;
(ii) Make no differentiation in pay scale on the basis of
sex;
(iii) Assign school duties without regard to sex except
where such assignment would involve duty in areas or
situations, such as but not limited to a shower room, where
persons might be disrobed;
(iv) Provide the same opportunities for advancement to
males and females; and
(v) Make no difference in conditions of employment
including, but not limited to, hiring practices, leaves of
absence, hours of employment, and assignment of, or pay
for, instructional and noninstructional duties, on the basis of
sex.
(b) Specifically with respect to counseling and guidance
services for students, they shall be made available to all
students equally. All certificated personnel shall be required
to stress access to all career and vocational opportunities to
students without regard to sex.
(c) Specifically with respect to recreational and athletic
activities, they shall be offered to all students without regard
to sex. Schools may provide separate teams for each sex.
Schools which provide the following shall do so with no
disparities based on sex: Equipment and supplies; medical
care; services and insurance; transportation and per diem
allowances; opportunities to receive coaching and instruction;
laundry services; assignment of game officials; opportunities
for competition, publicity and awards; scheduling of games
and practice times including use of courts, gyms, and pools:
PROVIDED, That such scheduling of games and practice
times shall be determined by local administrative authorities
after consideration of the public and student interest in
attending and participating in various recreational and
athletic activities. Each school which provides showers,
toilets, or training room facilities for athletic purposes shall
provide comparable facilities for both sexes. Such facilities
may be provided either as separate facilities or shall be
scheduled and used separately by each sex.
The superintendent of public instruction shall also be
required to develop a student survey to distribute every three
years to each local school district in the state to determine
student interest for male/female participation in specific
sports.
(d) Specifically with respect to course offerings, all
classes shall be required to be available to all students
without regard to sex: PROVIDED, That separation is
permitted within any class during sessions on sex education
or gym classes.
(e) Specifically with respect to textbooks and instructional materials, which shall also include, but not be limited
to, reference books and audio-visual materials, they shall be
[Title 28A RCW—page 219]
28A.640.020
Title 28A RCW: Common School Provisions
required to adhere to the guidelines developed by the
superintendent of public instruction to implement the intent
of this chapter: PROVIDED, That this subsection shall not
be construed to prohibit the introduction of material deemed
appropriate by the instructor for educational purposes.
(2)(a) By December 31, 1994, the superintendent of
public instruction shall develop criteria for use by school
districts in developing sexual harassment policies as required
under (b) of this subsection. The criteria shall address the
subjects of grievance procedures, remedies to victims of
sexual harassment, disciplinary actions against violators of
the policy, and other subjects at the discretion of the superintendent of public instruction. Disciplinary actions must
conform with collective bargaining agreements and state and
federal laws. The superintendent of public instruction also
shall supply sample policies to school districts upon request.
(b) By June 30, 1995, every school district shall adopt
and implement a written policy concerning sexual harassment. The policy shall apply to all school district employees, volunteers, parents, and students, including, but not
limited to, conduct between students.
(c) School district policies on sexual harassment shall be
reviewed by the superintendent of public instruction considering the criteria established under (a) of this subsection as
part of the monitoring process established in RCW
28A.640.030.
(d) The school district’s sexual harassment policy shall
be conspicuously posted throughout each school building,
and provided to each employee. A copy of the policy shall
appear in any publication of the school or school district
setting forth the rules, regulations, procedures, and standards
of conduct for the school or school district.
(e) Each school shall develop a process for discussing
the district’s sexual harassment policy. The process shall
ensure the discussion addresses the definition of sexual
harassment and issues covered in the sexual harassment
policy.
(f) "Sexual harassment" as used in this section means
unwelcome sexual advances, requests for sexual favors,
sexually motivated physical contact, or other verbal or
physical conduct or communication of a sexual nature if:
(i) Submission to that conduct or communication is
made a term or condition, either explicitly or implicitly, of
obtaining an education or employment;
(ii) Submission to or rejection of that conduct or
communication by an individual is used as a factor in
decisions affecting that individual’s education or employment; or
(iii) That conduct or communication has the purpose or
effect of substantially interfering with an individual’s
educational or work performance, or of creating an intimidating, hostile, or offensive educational or work environment.
[1994 c 213 § 1; 1975 1st ex.s. c 226 § 2. Formerly RCW
28A.85.020.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.030 Administration. The office of the
superintendent of public instruction shall be required to
monitor the compliance by local school districts with this
chapter, shall establish a compliance timetable and regulations for enforcement of this chapter, and shall establish
[Title 28A RCW—page 220]
guidelines for affirmative action programs to be adopted by
all school districts. [1975 1st ex.s. c 226 § 3. Formerly
RCW 28A.85.030.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.040 Civil relief for violations. Any person
aggrieved by a violation of this chapter, or aggrieved by the
violation of any regulation or guideline adopted hereunder,
shall have a right of action in superior court for civil
damages and such equitable relief as the court shall determine. [1975 1st ex.s. c 226 § 4. Formerly RCW
28A.85.040.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.050 Enforcement—Superintendent’s
orders, scope. The superintendent of public instruction shall
have the power to enforce and obtain compliance with the
provisions of this chapter and the regulations and guidelines
adopted pursuant thereto by appropriate order made pursuant
to chapter 34.05 RCW, which order, by way of illustration,
may include, the termination of all or part of state apportionment or categorical moneys to the offending school district,
the termination of specified programs in which violations
may be flagrant within the offending school district, the
institution of a mandatory affirmative action program within
the offending school district, and the placement of the
offending school district on probation with appropriate
sanctions until compliance is achieved. [1975 1st ex.s. c 226
§ 5. Formerly RCW 28A.85.050.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
28A.640.900 Chapter supplementary. This chapter
shall be supplementary to, and shall not supersede, existing
law and procedures and future amendments thereto relating
to unlawful discrimination based on sex. [1975 1st ex.s. c
226 § 6. Formerly RCW 28A.85.900.]
Severability—1975 1st ex.s. c 226: See note following RCW
28A.640.010.
Chapter 28A.645
APPEALS FROM BOARD
Sections
28A.645.010
28A.645.020
28A.645.030
28A.645.040
Appeals—Notice of—Scope—Time limitation.
Transcript filed, certified.
Appeal to be heard de novo and expeditiously.
Certified copy of decision to county assessor when
school district boundaries changed.
Educational employment relations act: Chapter 41.59 RCW.
28A.645.010 Appeals—Notice of—Scope—Time
limitation. Any person, or persons, either severally or
collectively, aggrieved by any decision or order of any
school official or board, within thirty days after the rendition
of such decision or order, or of the failure to act upon the
same when properly presented, may appeal the same to the
superior court of the county in which the school district or
part thereof is situated, by filing with the secretary of the
(2002 Ed.)
Appeals From Board
school board if the appeal is from board action or failure to
act, otherwise with the proper school official, and filing with
the clerk of the superior court, a notice of appeal which shall
set forth in a clear and concise manner the errors complained
of.
Appeals by teachers, principals, supervisors, superintendents, or other certificated employees from the actions of
school boards with respect to discharge or other action
adversely affecting their contract status, or failure to renew
their contracts for the next ensuing term shall be governed
by the appeal provisions of chapters 28A.400 and 28A.405
RCW therefor and in all other cases shall be governed by
chapter 28A.645 RCW. [1990 c 33 § 544; 1971 ex.s. c 282
§ 40; 1969 ex.s. c 34 § 17; 1969 ex.s. c 223 § 28A.88.010.
Prior: 1961 c 241 § 9; 1909 c 97 p 362 § 1; RRS § 5064.
Formerly RCW 28A.88.010, 28.88.010.] [SLC-RO-1.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
RCW 28A.645.010 not applicable to contract renewal of school superintendent: RCW 28A.400.010.
28A.645.020 Transcript filed, certified. Within
twenty days of service of the notice of appeal, the school
board, at its expense, or the school official, at such official’s
expense, shall file the complete transcript of the evidence
and the papers and exhibits relating to the decision for which
a complaint has been filed. Such filings shall be certified to
be correct. [1971 ex.s. c 282 § 41. Formerly RCW
28A.88.013.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.645.030 Appeal to be heard de novo and
expeditiously. Any appeal to the superior court shall be
heard de novo by the superior court. Such appeal shall be
heard expeditiously. [1971 ex.s. c 282 § 42. Formerly
RCW 28A.88.015.]
Severability—1971 ex.s. c 282: See note following RCW
28A.310.010.
28A.645.040 Certified copy of decision to county
assessor when school district boundaries changed. In
cases of appeal resulting in the change of any school district
boundaries the decision shall within five days thereafter be
also certified by the proper officer to the county assessor of
the county, or to the county assessors of the counties,
wherein the territory may lie. [1969 ex.s. c 223 §
28A.88.090. Prior: 1909 c 97 p 364 § 8; RRS § 5071.
Formerly RCW 28A.88.090, 28.88.090.]
Chapter 28A.650
EDUCATION TECHNOLOGY
Sections
28A.650.005
28A.650.010
28A.650.015
28A.650.020
28A.650.025
(2002 Ed.)
Findings—Intent.
Definitions.
Education technology plan—Educational technology
advisory committee.
Regional educational technology support centers—
Advisory councils.
Distribution of funds for regional educational technology support centers.
28A.650.030
28A.650.035
28A.650.040
28A.650.900
28A.650.901
28A.645.010
Distribution of funds to expand the education statewide network.
Education technology account.
Rules.
Findings—Intent—Part headings not law—1993 c 336.
Findings—1993 c 336.
28A.650.005 Findings—Intent. The legislature
recognizes that up-to-date tools will help students learn.
Workplace technology requirements will continue to change
and students should be knowledgeable in the use of technologies.
Furthermore, the legislature finds that the Washington
systemic initiative is a broad-based effort to promote
widespread public literacy in mathematics, science, and
technology. An important component of the systemic
initiative is the universal electronic access to information by
students. It is the intent of the legislature that components
of RCW 28A.650.010 through 28A.650.025 will support the
statewide systemic reform effort in mathematics, science, and
technology as envisioned by the Washington systemic
initiative. [1993 c 336 § 701.]
28A.650.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Education technology" or "technology" means the
effective use of electronic and optical tools, including
telephones, and electronic and optical pathways in helping
students learn.
(2) "Network" means integrated linking of education
technology systems in schools for transmission of voice,
data, video, or imaging, or a combination of these. [1993 c
336 § 702.]
28A.650.015 Education technology plan—
Educational technology advisory committee. (1) The
superintendent of public instruction, to the extent funds are
appropriated, shall develop and implement a Washington
state K-12 education technology plan. The technology plan
shall be updated on at least a biennial basis, shall be developed to coordinate and expand the use of education technology in the common schools of the state. The plan shall be
consistent with applicable provisions of chapter 43.105
RCW. The plan, at a minimum, shall address:
(a) The provision of technical assistance to schools and
school districts for the planning, implementation, and
training of staff in the use of technology in curricular and
administrative functions;
(b) The continued development of a network to connect
school districts, institutions of higher learning, and other
sources of on-line information; and
(c) Methods to equitably increase the use of education
technology by students and school personnel throughout the
state.
(2) The superintendent of public instruction shall appoint
an educational technology advisory committee to assist in the
development and implementation of the technology plan in
subsection (1) of this section. The committee shall include,
but is not limited to, persons representing: The state board
of education, the commission on student learning, the
department of information services, educational service
[Title 28A RCW—page 221]
28A.650.015
Title 28A RCW: Common School Provisions
districts, school directors, school administrators, school
principals, teachers, classified staff, higher education faculty,
parents, students, business, labor, scientists and mathematicians, the higher education coordinating board, the work
force training and education coordinating board, and the state
library. [1995 c 335 § 507; 1994 c 245 § 2; 1993 c 336 §
703.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
28A.650.020 Regional educational technology
support centers—Advisory councils. Educational service
districts shall establish, subject to available funding, regional
educational technology support centers for the purpose of
providing ongoing educator training, school district costbenefit analysis, long-range planning, network planning,
distance learning access support, and other technical and
programmatic support. Each educational service district
shall establish a representative advisory council to advise the
educational service district in the expenditure of funds
provided to the technology support centers. [1993 c 336 §
705.]
Reviser’s note: 1993 c 336 directed that this section be added to
chapter 28A.310 RCW. This section has been codified in chapter 28A.650
RCW, which relates more directly to educational technology.
28A.650.025 Distribution of funds for regional
educational technology support centers. The superintendent of public instruction, to the extent funds are appropriated, shall distribute funds to educational service districts on
a grant basis for the regional educational technology support
centers established in RCW 28A.650.020. [1993 c 336 §
706.]
28A.650.030 Distribution of funds to expand the
education statewide network. The superintendent of public
instruction, to the extent funds are appropriated, shall
distribute funds to the Washington school information
processing cooperative and to school districts on a grant
basis, from moneys appropriated for the purposes of this
section, for equipment, networking, and software to expand
the current K-12 education statewide network. [1993 c 336
§ 707.]
28A.650.035 Education technology account. (1) The
superintendent of public instruction may receive such gifts,
grants, and endowments from public or private sources as
may be made from time to time, in trust or otherwise, for
the use and benefit of the purposes of educational technology
and expend the same or any income therefrom according to
the terms of the gifts, grants, or endowments.
(2) The education technology account is hereby established in the custody of the state treasurer. The superintendent of public instruction shall deposit in the account all
moneys received from gifts, grants, or endowments for
education technology. Moneys in the account may be spent
only for education technology. Disbursements from the
account shall be on authorization of the superintendent of
public instruction or the superintendent’s designee. The
account is subject to the allotment procedure provided under
[Title 28A RCW—page 222]
chapter 43.88 RCW, but no appropriation is required for
disbursements. [1993 c 336 § 708.]
28A.650.040 Rules. The superintendent of public
instruction shall adopt rules as necessary under chapter 34.05
RCW governing the operation and scope of this chapter.
[1993 c 336 § 709.]
28A.650.900 Findings—Intent—Part headings not
law—1993 c 336. See notes following RCW 28A.150.210.
28A.650.901 Findings—1993 c 336. See note
following RCW 28A.150.210.
Chapter 28A.655
ACADEMIC ACHIEVEMENT
AND ACCOUNTABILITY
Sections
28A.655.005
28A.655.010
28A.655.020
28A.655.030
28A.655.060
28A.655.070
28A.655.090
28A.655.100
28A.655.110
28A.655.130
28A.655.140
28A.655.150
28A.655.180
28A.655.900
28A.655.901
28A.655.902
Findings.
Washington commission on student learning—
Definitions.
Academic achievement and accountability commission.
Academic achievement and accountability commission—Powers and duties—Goals—Performance
standards—Intervention strategies—Reports to the
legislature.
Essential academic learning requirements—Statewide
academic assessment system—Certificate of mastery—Educational pathways—Accountability—
Reports and recommendations—Washington commission on student learning, creation and expiration.
Identification of knowledge and skills—Development
and revision of learning requirements and assessments.
Washington assessment of student learning—Reporting
requirements.
Performance goals—Reporting requirements.
Annual school performance report—Model report
form.
Accountability implementation funds.
Technical assistance.
Consolidation of requirements for categorical grant
programs—Use of electronic applications and
reporting.
Waivers for educational restructuring programs—Study
by joint select committee on education restructuring—Report to legislature.
Transfer of powers, duties, and functions.
Part headings and captions not law—1999 c 388.
Severability—1999 c 388.
28A.655.005 Findings. The legislature finds that the
purpose of Washington’s accountability system is to improve
student learning and student achievement of the essential
academic learning requirement standards so that each
individual student will be given the opportunity to become
a responsible citizen and successfully live, learn, and work
in the twenty-first century. To achieve this purpose, the
accountability system should be based on student achievement and continuous improvement at all levels of
Washington’s education system and on a fundamental
principle that all public school students have access to
curriculum and instruction that is aligned to the standards.
(2002 Ed.)
Academic Achievement and Accountability
The legislature further finds that the accountability
system should rely on local responsibility and leadership.
Districts and schools should be expected to improve and be
evaluated based on their improvement over time. Districts
should recognize exceptional progress and work closely with
schools needing assistance.
The legislature further finds that the accountability
system must be simple to use and understand. Consequences
must be predictable and fair. Differences among students,
schools, and districts should be recognized and respected as
the system is implemented. There should be a balance of
each student’s right to privacy and the public’s right to know
the overall levels of learning and achievement at the school,
district, and state levels. In addition, the accountability
system should be continuously reviewed and improved as
more is learned about how schools operate to meet the
learning needs of Washington’s students. [1999 c 388 § 1.]
28A.655.010 Washington commission on student
learning—Definitions. Unless the context clearly requires
otherwise, the definitions in this section apply throughout
RCW *28A.630.885 and 28A.300.130.
(1) "Commission" means the commission on student
learning created in *RCW 28A.630.885.
(2) "Student learning goals" mean[s] the goals established in RCW 28A.150.210.
(3) "Essential academic learning requirements" means
more specific academic and technical skills and knowledge,
based on the student learning goals, as determined under
*RCW 28A.630.885(3)(a). Essential academic learning
requirements shall not limit the instructional strategies used
by schools or school districts or require the use of specific
curriculum.
(4) "Performance standards" or "standards" means the
criteria used to determine if a student has successfully
learned the specific knowledge or skill being assessed as
determined under *RCW 28A.630.885(3)(b). The standards
should be set at internationally competitive levels.
(5) "Assessment system" or "student assessment system"
means a series of assessments used to determine if students
have successfully learned the essential academic learning
requirements. The assessment system shall be developed
under *RCW 28A.630.885(3)(b).
(6) "Performance-based education system" means an
education system in which a significantly greater emphasis
is placed on how well students are learning, and significantly
less emphasis is placed on state-level laws and rules that
dictate how instruction is to be provided. The performancebased education system does not require that schools use an
outcome-based instructional model. Decisions regarding how
instruction is provided are to be made, to the greatest extent
possible, by schools and school districts, not by the state.
[1993 c 336 § 201. Formerly RCW 28A.630.883.]
*Reviser’s note: RCW 28A.630.885 was recodified as RCW
28A.655.060 pursuant to 1999 c 388 § 607.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.630.879.
(2002 Ed.)
28A.655.005
28A.655.020 Academic achievement and accountability commission. (1) The academic achievement and
accountability commission is established.
(2) The primary purpose of the commission is to
provide oversight of the state’s educational accountability
system.
(3) The commission shall consist of nine members
selected as follows:
(a) One member shall be the superintendent of public
instruction or the superintendent’s designee; and
(b) Eight members shall be appointed by the governor.
Four of the members shall be selected as follows: Each
major caucus of the house of representatives and the senate
shall submit a list of three names. The lists may not include
the names of members of the legislature. The governor shall
select a member from each list provided by each caucus.
All members appointed by the governor shall be subject to
confirmation by the senate.
(4) The governor shall appoint a chair from among the
commission members.
(5) Appointees shall be individuals who are supportive
of educational improvement, who have a positive record of
service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the
commission are achieved. The commission shall be composed of a balance of individuals from within and outside
the public education system. The commission shall include
educators, business leaders, and parents.
(6) The governor shall appoint its initial commission
members by July 1, 1999. The first meeting of the commission shall be convened by the superintendent of public instruction no later than July 30, 1999.
(7) Appointed members shall serve for terms of four
years, with the terms expiring on June 30th of the fourth
year of the term. However, in the case of the initial members, four members shall serve four-year terms, two members shall serve three-year terms, and two members shall
serve two-year terms, with each of the terms expiring on
June 30th of the applicable year. Appointees may be
reappointed to serve more than one term.
(8) The governor shall fill any vacancy in appointments
that may occur. When filling a vacancy of a member
nominated by a major caucus of the legislature, the governor
shall select the new member from a list of three names
submitted by the same caucus that provided the list from
which the retiring member was appointed. [1999 c 388 §
101.]
Effective dates—1999 c 388 §§ 101, 502, and 604: "(1) Section 101
of this act is necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and takes effect July 1, 1999.
(2) Sections 502 and 604 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect immediately
[May 18, 1999]." [1999 c 388 § 608.]
28A.655.030 Academic achievement and accountability commission—Powers and duties—Goals—
Performance standards—Intervention strategies—Reports
to the legislature. The powers and duties of the academic
achievement and accountability commission shall include,
but are not limited to the following:
[Title 28A RCW—page 223]
28A.655.030
Title 28A RCW: Common School Provisions
(1) For purposes of statewide accountability, the
commission shall:
(a) Adopt and revise performance improvement goals in
reading, writing, science, and mathematics by subject and
grade level as the commission deems appropriate to improve
student learning, once assessments in these subjects are
required statewide. The goals shall be consistent with
student privacy protection provisions of RCW
28A.655.090(7) and shall not conflict with requirements contained in Title I of the federal elementary and secondary
education act of 1965, as amended. The goals may be
established for all students, economically disadvantaged
students, limited English proficient students, students with
disabilities, and students from disproportionately academically underachieving racial and ethnic backgrounds. The
commission may establish school and school district goals
addressing high school graduation rates and dropout reduction goals for students in grades seven through twelve. The
goals shall be in addition to any goals adopted in *RCW
28A.655.050. The commission may also revise any goal
adopted in *RCW 28A.655.050. The commission shall
adopt the goals by rule. However, before each goal is
implemented, the commission shall present the goal to the
education committees of the house of representatives and the
senate for the committees’ review and comment in a time
frame that will permit the legislature to take statutory action
on the goal if such action is deemed warranted by the
legislature;
(b) Identify the scores students must achieve in order to
meet the standard on the Washington assessment of student
learning and determine student scores that identify levels of
student performance below and beyond the standard. The
commission shall set such performance standards and levels
in consultation with the superintendent of public instruction
and after consideration of any recommendations that may be
developed by any advisory committees that may be established for this purpose;
(c) Adopt objective, systematic criteria to identify
successful schools and school districts and recommend to the
superintendent of public instruction schools and districts to
be recognized for two types of accomplishments, student
achievement and improvements in student achievement.
Recognition for improvements in student achievement shall
include consideration of one or more of the following
accomplishments:
(i) An increase in the percent of students meeting
standards. The level of achievement required for recognition
may be based on the achievement goals established by the
legislature under *RCW 28A.655.050 and the commission
under (a) of this subsection;
(ii) Positive progress on an improvement index that
measures improvement in all levels of the assessment; and
(iii) Improvements despite challenges such as high
levels of mobility, poverty, English as a second language
learners, and large numbers of students in special populations as measured by either the percent of students meeting
the standard, or the improvement index.
When determining the baseline year or years for
recognizing individual schools, the commission may use the
assessment results from the initial years the assessments
were administered, if doing so with individual schools would
be appropriate;
[Title 28A RCW—page 224]
(d) Adopt objective, systematic criteria to identify
schools and school districts in need of assistance and those
in which significant numbers of students persistently fail to
meet state standards. In its deliberations, the commission
shall consider the use of all statewide mandated criterionreferenced and norm-referenced standardized tests;
(e) Identify schools and school districts in which state
intervention measures will be needed and a range of appropriate intervention strategies, beginning no earlier than June
30, 2001, and after the legislature has authorized a set of
intervention strategies. Beginning no earlier than June 30,
2001, and after the legislature has authorized a set of
intervention strategies, at the request of the commission, the
superintendent shall intervene in the school or school district
and take corrective actions. This chapter does not provide
additional authority for the commission or the superintendent
of public instruction to intervene in a school or school
district;
(f) Identify performance incentive systems that have
improved or have the potential to improve student achievement;
(g) Annually review the assessment reporting system to
ensure fairness, accuracy, timeliness, and equity of opportunity, especially with regard to schools with special circumstances and unique populations of students, and a recommendation to the superintendent of public instruction of any
improvements needed to the system;
(h) Annually report by December 1st to the legislature,
the governor, the superintendent of public instruction, and
the state board of education on the progress, findings, and
recommendations of the commission. The report may
include recommendations of actions to help improve student
achievement;
(i) By December 1, 2000, and by December 1st annually
thereafter, report to the education committees of the house
of representatives and the senate on the progress that has
been made in achieving the reading goal under *RCW
28A.655.050 and any additional goals adopted by the
commission;
(j) Coordinate its activities with the state board of
education and the office of the superintendent of public
instruction;
(k) Seek advice from the public and all interested
educational organizations in the conduct of its work; and
(l) Establish advisory committees, which may include
persons who are not members of the commission;
(2) Holding meetings and public hearings, which may
include regional meetings and hearings;
(3) Hiring necessary staff and determining the staff’s
duties and compensation. However, the office of the
superintendent of public instruction shall provide staff
support to the commission until the commission has hired its
own staff, and shall provide most of the technical assistance
and logistical support needed by the commission thereafter.
The office of the superintendent of public instruction shall be
the fiscal agent for the commission. The commission may
direct the office of the superintendent of public instruction
to enter into subcontracts, within the commission’s resources,
with school districts, teachers, higher education faculty, state
agencies, business organizations, and other individuals and
organizations to assist the commission in its deliberations;
and
(2002 Ed.)
Academic Achievement and Accountability
(4) Receiving per diem and travel allowances as
permitted under RCW 43.03.050 and 43.03.060. [2002 c 37
§ 1; 1999 c 388 § 102.]
*Reviser’s note: RCW 28A.655.050 was repealed by 2002 c 132 §
1.
28A.655.060 Essential academic learning requirements—Statewide academic assessment system—
Certificate of mastery—Educational pathways—
Accountability—Reports and recommendations—
Washington commission on student learning, creation
and expiration. (1) The Washington commission on student
learning is hereby established. The primary purposes of the
commission are to identify the knowledge and skills all
public school students need to know and be able to do based
on the student learning goals in RCW 28A.150.210, to
develop student assessment and school accountability
systems, to review current school district data reporting
requirements and make recommendations on what data is
necessary for the purposes of accountability and meeting
state information needs, and to take other steps necessary to
develop a performance-based education system. The
commission shall include three members of the state board
of education, three members appointed by the governor
before July 1, 1992, and five members appointed no later
than June 1, 1993, by the governor elected in the November
1992 election. The governor shall appoint a chair from the
commission members, and fill any vacancies in gubernatorial
appointments that may occur. The state board of education
shall fill any vacancies of state board of education appointments that may occur. In making the appointments, educators, business leaders, and parents shall be represented, and
nominations from statewide education, business, and parent
organizations shall be requested. Efforts shall be made to
ensure that the commission reflects the racial and ethnic
diversity of the state’s K-12 student population and that the
major geographic regions in the state are represented.
Appointees shall be qualified individuals who are supportive
of educational restructuring, who have a positive record of
service, and who will devote sufficient time to the responsibilities of the commission to ensure that the objectives of the
commission are achieved.
(2) The commission shall establish advisory committees.
Membership of the advisory committees shall include, but
not necessarily be limited to, professionals from the office of
the superintendent of public instruction and the state board
of education, and other state and local educational practitioners and student assessment specialists.
(3) The commission, with the assistance of the advisory
committees, shall:
(a) Develop essential academic learning requirements
based on the student learning goals in RCW 28A.150.210.
Essential academic learning requirements shall be developed,
to the extent possible, for each of the student learning goals
in RCW 28A.150.210. Goals one and two shall be considered primary. Essential academic learning requirements for
RCW 28A.150.210(1), goal one, and the mathematics
component of RCW 28A.150.210(2), goal two, shall be
completed no later than March 1, 1995. Essential academic
learning requirements that incorporate the remainder of RCW
28A.150.210 (2), (3), and (4), goals two, three, and four,
shall be completed no later than March 1, 1996. To the
(2002 Ed.)
28A.655.030
maximum extent possible, the commission shall integrate
goal four and the knowledge and skill areas in the other
goals in the development of the essential academic learning
requirements;
(b)(i) The commission and superintendent of public
instruction shall develop a statewide academic assessment
system for use in the elementary, middle, and high school
years designed to determine if each student has learned the
essential academic learning requirements identified in (a) of
this subsection. The academic assessment system shall
include a variety of assessment methods, including criterionreferenced and performance-based measures. Performance
standards for determining if a student has successfully completed an assessment shall be determined by the commission
and the superintendent of public instruction in consultation
with the advisory committees required in subsection (2) of
this section.
(ii) The assessment system shall be designed so that the
results under the assessment system are used by educators as
tools to evaluate instructional practices, and to initiate
appropriate educational support for students who have not
learned the essential academic learning requirements at the
appropriate periods in the student’s educational development.
(iii) Assessments measuring the essential academic
learning requirements shall be available for voluntary use by
school districts and shall be required to be administered by
school districts according to the following schedule unless
the legislature takes action to delay or prevent implementation of the assessment system and essential academic
learning requirements.
Assessments
available for
voluntary use
(School years)
Assessments
required to be
administered
(School years)
Reading, Writing,
Communication, Mathematics
- Elementary school 1996-97
- Middle school
1997-98
- High school
1998-99
1997-98
2000-01
2000-01
Science
- High school
- Middle school
- Elementary school
2002-03
2002-03
2003-04
2003-04
2003-04
2004-05
Social Studies
- Elementary, middle, 2004-05
and high school
2007-08
Arts
- Middle and high
school
- Elementary school
2005-06
2008-09
2005-06
2009-10
2005-06
2008-09
2005-06
2009-10
Health, Fitness
- Middle and high
school
- Elementary school
The completed assessments and assessments still in
development shall be transferred by the commission on
student learning to the superintendent of public instruction
by June 30, 1999.
[Title 28A RCW—page 225]
28A.655.060
Title 28A RCW: Common School Provisions
(iv) To the maximum extent possible, the commission
and the superintendent of public instruction shall integrate
knowledge and skill areas in development of the assessments.
Assessments for goals three and four of RCW
28A.150.210 shall be integrated in the essential academic
learning requirements and assessments for goals one and
two.
(v) The commission on student learning may modify the
essential academic learning requirements and the assessments, as needed, before June 30, 1999. The superintendent
of public instruction may modify the essential academic
learning requirements and the assessments, as needed, after
June 30, 1999. The commission and superintendent shall,
upon request, provide opportunities for the education
committees of the house of representatives and the senate to
review the assessments and proposed modifications to the
essential academic learning requirements before the modifications are adopted.
(vi) The commission and the superintendent of public
instruction shall develop assessments that are directly related
to the essential academic learning requirements, and are not
biased toward persons with different learning styles, racial or
ethnic backgrounds, or on the basis of gender;
(c) After a determination is made by the state board of
education that the high school assessment system has been
implemented and that it is sufficiently reliable and valid,
successful completion of the high school assessment shall
lead to a certificate of mastery. The certificate of mastery
shall be obtained by most students at about the age of sixteen, and is evidence that the student has successfully
mastered the essential academic learning requirements during
his or her educational career. The certificate of mastery
shall be required for graduation but shall not be the only
requirement for graduation. The commission shall make
recommendations to the state board of education regarding
the relationship between the certificate of mastery and high
school graduation requirements. Upon achieving the certificate of mastery, schools shall provide students with the
opportunity to pursue career and educational objectives
through educational pathways that emphasize integration of
academic and vocational education. Educational pathways
may include, but are not limited to, programs such as workbased learning, school-to-work transition, tech prep, vocational-technical education, running start, and preparation for
technical college, community college, or university education. Any middle school, junior high school, or high school
using educational pathways shall ensure that all participating
students will continue to have access to the courses and
instruction necessary to meet admission requirements at
baccalaureate institutions. Students shall be allowed to enter
the educational pathway of their choice. Before accepting a
student into an educational pathway, the school shall inform
the student’s parent of the pathway chosen, the opportunities
available to the student through the pathway, and the career
objectives the student will have exposure to while pursuing
the pathway. Parents and students dissatisfied with the
opportunities available through the selected educational
pathway shall be provided with the opportunity to transfer
the student to any other pathway provided in the school.
Schools may not develop educational pathways that retain
students in high school beyond the date they are eligible to
[Title 28A RCW—page 226]
graduate, and may not require students who transfer between
pathways to complete pathway requirements beyond the date
the student is eligible to graduate;
(d) Consider methods to address the unique needs of
special education students when developing the assessments
in (b) and (c) of this subsection;
(e) Consider methods to address the unique needs of
highly capable students when developing the assessments in
(b) and (c) of this subsection;
(f) Develop recommendations on the time, support, and
resources, including technical assistance, needed by schools
and school districts to help students achieve the essential
academic learning requirements. These recommendations
shall include an estimate for the legislature, superintendent
of public instruction, and governor on the expected cost of
implementing the academic assessment system;
(g) Develop recommendations for consideration by the
higher education coordinating board for adopting college and
university entrance requirements for public school students
that are consistent with the essential academic learning
requirements and the certificate of mastery;
(h) Review current school district data reporting
requirements for the purposes of accountability and meeting
state information needs. The commission on student
learning shall report recommendations to the joint select
committee on education restructuring by September 15,
1996, on:
(i) What data is necessary to compare how school
districts are performing before the essential academic
learning requirements and the assessment system are implemented with how school districts are performing after the
essential academic learning requirements and the assessment
system are implemented; and
(ii) What data is necessary pertaining to school district
reports under the accountability systems developed by the
commission on student learning under this section;
(i) Recommend to the legislature, governor, state board
of education, and superintendent of public instruction:
(i) A statewide accountability system to monitor and
evaluate accurately and fairly at elementary, middle, and
high schools the level of learning occurring in individual
schools and school districts with regard to the goals included
in RCW 28A.150.210 (1) through (4). The accountability
system must assess each school individually against its own
baseline, schools with similar characteristics, and schools
statewide. The system shall include school-site, school
district, and state-level accountability reports;
(ii) A school assistance program to help schools and
school districts that are having difficulty helping students
meet the essential academic learning requirements as
measured by performance on the elementary, middle school,
and high school assessments;
(iii) A system to intervene in schools and school
districts in which significant numbers of students persistently
fail to learn the essential academic learning requirements or
meet the standards established for the elementary, middle
school, and high school assessments; and
(iv) An awards program to provide incentives to school
staff to help their students learn the essential academic
learning requirements, with each school being assessed
individually against its own baseline, schools with similar
characteristics, and the statewide average. Incentives shall
(2002 Ed.)
Academic Achievement and Accountability
be based on the rate of percentage change of students
achieving the essential academic learning requirements and
progress on meeting the statewide average. School staff
shall determine how the awards will be spent.
The commission shall make recommendations regarding
a statewide accountability system for reading in grades
kindergarten through four by November 1, 1997. Recommendations for an accountability system in the other subject
areas and grade levels shall be made no later than June 30,
1999;
(j) Report annually by December 1st to the legislature,
the governor, the superintendent of public instruction, and
the state board of education on the progress, findings, and
recommendations of the commission; and
(k) Make recommendations to the legislature and take
other actions necessary or desirable to help students meet the
student learning goals.
(4) The commission shall coordinate its activities with
the state board of education and the office of the superintendent of public instruction.
(5) The commission shall seek advice broadly from the
public and all interested educational organizations in the
conduct of its work, including holding periodic regional
public hearings.
(6) The commission shall select an entity to provide
staff support and the office of the superintendent of public
instruction shall provide administrative oversight and be the
fiscal agent for the commission. The commission may direct
the office of the superintendent of public instruction to enter
into subcontracts, within the commission’s resources, with
school districts, teachers, higher education faculty, state
agencies, business organizations, and other individuals and
organizations to assist the commission in its deliberations.
(7) Members of the commission shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060.
(8)(a) By September 30, 1997, the commission on
student learning, the state board of education, and the
superintendent of public instruction shall jointly present
recommendations to the education committees of the house
of representatives and the senate regarding the high school
assessments, the certificate of mastery, and high school
graduation requirements.
In preparing recommendations, the commission on
student learning shall convene an ad hoc working group to
address questions, including:
(i) What type of document shall be used to identify
student performance and achievement and how will the
document be described?
(ii) Should the students be required to pass the high
school assessments in all skill and content areas, or only in
select skill and content areas, to graduate?
(iii) How will the criteria for establishing the standards
for passing scores on the assessments be determined?
(iv) What timeline should be used in phasing-in the
assessments as a graduation requirement?
(v) What options may be used in demonstrating how the
results of the assessments will be displayed in a way that is
meaningful to students, parents, institutions of higher
education, and potential employers?
(vi) Are there other or additional methods by which the
assessments could be used to identify achievement such as
(2002 Ed.)
28A.655.060
endorsements, standards of proficiency, merit badges, or
levels of achievement?
(vii) Should the assessments and certificate of mastery
be used to satisfy college or university entrance criteria for
public school students? If yes, how should these methods be
phased-in?
(b) The ad hoc working group shall report its recommendations to the commission on student learning, the state
board of education, and the superintendent of public instruction by June 15, 1997. The commission shall report the
ad hoc working group’s recommendations to the education
committees of the house of representatives and senate by
July 15, 1997. Final recommendations of the commission on
student learning, the state board of education, and the
superintendent of public instruction shall be presented to the
education committees of the house of representatives and the
senate by September 30, 1997.
(9) The Washington commission on student learning
shall expire on June 30, 1999. [2001 2nd sp.s. c 20 § 1;
1999 c 373 § 501; 1998 c 225 § 1; 1997 c 268 § 1. Prior:
1995 c 335 § 505; 1995 c 209 § 1; 1994 c 245 § 13; prior:
1993 c 336 § 202; 1993 c 334 § 1; 1992 c 141 § 202.
Formerly RCW 28A.630.885.]
Part headings not law—1999 c 373: See note following RCW
28A.300.310.
Effective date—1997 c 268: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 6, 1997]." [1997 c 268 § 3.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.630.879.
Effective date—1993 c 334: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 12, 1993]." [1993 c 334 § 2.]
Findings—Part headings—Severability—1992 c 141: See notes
following RCW 28A.410.040.
28A.655.070 Identification of knowledge and
skills—Development and revision of learning requirements and assessments. (1) The superintendent of public
instruction shall identify the knowledge and skills all public
school students need to know and be able to do based on the
student learning goals in RCW 28A.150.210, develop student
assessments, and implement the accountability recommendations and requests regarding assistance, rewards, and recognition of the academic achievement and accountability commission.
(2) The superintendent of public instruction shall
periodically revise the essential academic learning requirements, as needed, based on the student learning goals in
RCW 28A.150.210. Goals one and two shall be considered
primary. To the maximum extent possible, the superintendent shall integrate goal four and the knowledge and skill
areas in the other goals in the essential academic learning requirements.
(3) In consultation with the academic achievement and
accountability commission, the superintendent of public
instruction shall maintain and continue to develop and revise
a statewide academic assessment system for use in the
[Title 28A RCW—page 227]
28A.655.070
Title 28A RCW: Common School Provisions
elementary, middle, and high school years designed to
determine if each student has mastered the essential academic learning requirements identified in subsection (1) of this
section. The academic assessment system shall include a
variety of assessment methods, including criterion-referenced
and performance-based measures.
(4) The assessment system shall be designed so that the
results under the assessment system are used by educators as
tools to evaluate instructional practices, and to initiate
appropriate educational support for students who have not
mastered the essential academic learning requirements at the
appropriate periods in the student’s educational development.
(5) To the maximum extent possible, the superintendent
shall integrate knowledge and skill areas in development of
the assessments.
(6) Assessments for goals three and four of RCW
28A.150.210 shall be integrated in the essential academic
learning requirements and assessments for goals one and
two.
(7) The superintendent shall develop assessments that
are directly related to the essential academic learning
requirements, and are not biased toward persons with
different learning styles, racial or ethnic backgrounds, or on
the basis of gender.
(8) The superintendent shall consider methods to address
the unique needs of special education students when developing the assessments under this section.
(9) The superintendent shall consider methods to address
the unique needs of highly capable students when developing
the assessments under this section. [1999 c 388 § 501.]
28A.655.090 Washington assessment of student
learning—Reporting requirements. (1) By September 10,
1998, and by September 10th each year thereafter, the
superintendent of public instruction shall report to schools,
school districts, and the legislature on the results of the
Washington assessment of student learning and state-mandated norm-referenced standardized tests.
(2) The reports shall include the assessment results by
school and school district, and include changes over time.
For the Washington assessment of student learning, results
shall be reported as follows:
(a) The percentage of students meeting the standards;
(b) The percentage of students performing at each level
of the assessment; and
(c) A learning improvement index that shows changes
in student performance within the different levels of student
learning reported on the Washington assessment of student
learning.
(3) The reports shall contain data regarding the different
characteristics of schools, such as poverty levels, percent of
English as a second language students, dropout rates,
attendance, percent of students in special education, and
student mobility so that districts and schools can learn from
the improvement efforts of other schools and districts with
similar characteristics.
(4) The reports shall contain student scores on mandated
tests by comparable Washington schools of similar characteristics.
[Title 28A RCW—page 228]
(5) The reports shall contain information on public
school choice options available to students, including
vocational education.
(6) The reports shall be posted on the superintendent of
public instruction’s internet web site.
(7) To protect the privacy of students, the results of
schools and districts that test fewer than ten students in a
grade level shall not be reported. In addition, in order to
ensure that results are reported accurately, the superintendent
of public instruction shall maintain the confidentiality of
statewide data files until the superintendent determines that
the data are complete and accurate.
(8) The superintendent of public instruction shall
monitor the percentage and number of special education and
limited English-proficient students exempted from taking the
assessments by schools and school districts to ensure the
exemptions are in compliance with exemption guidelines.
[1999 c 388 § 301; 1998 c 319 § 301. Formerly RCW
28A.630.889.]
Part headings not law—1998 c 319: See note following RCW
28A.300.320.
28A.655.100 Performance goals—Reporting requirements. Each school district board of directors shall:
(1)(a) Annually report to parents and to the community
in a public meeting and annually report in writing the
following information:
(i) District-wide and school-level performance improvement goals;
(ii) Student performance relative to the goals; and
(iii) District-wide and school-level plans to achieve the
goals, including curriculum and instruction, parental or
guardian involvement, and resources available to parents and
guardians to help students meet the state standards;
(b) Report annually in a news release to the local media
the district’s progress toward meeting the district-wide and
school-level goals; and
(c) Include the school-level goals, student performance
relative to the goals, and a summary of school-level plans to
achieve the goals in each school’s annual school performance report under RCW 28A.655.110.
(2) School districts in which ten or fewer students in the
district or in a school in the district are eligible to be
assessed in a grade level are not required to report numerical
improvement goals and performance relative to the goals, but
are required to report to parents and the community their
plans to improve student achievement. [1999 c 388 § 302.]
28A.655.110 Annual school performance report—
Model report form. (1) Beginning with the 1994-95 school
year, to provide the local community and electorate with
access to information on the educational programs in the
schools in the district, each school shall publish annually a
school performance report and deliver the report to each
parent with children enrolled in the school and make the
report available to the community served by the school. The
annual performance report shall be in a form that can be
easily understood and be used by parents, guardians, and
other members of the community who are not professional
educators to make informed educational decisions. As data
from the assessments in RCW 28A.655.060 becomes
(2002 Ed.)
Academic Achievement and Accountability
available, the annual performance report should enable
parents, educators, and school board members to determine
whether students in the district’s schools are attaining
mastery of the student learning goals under RCW
28A.150.210, and other important facts about the schools’
performance in assisting students to learn. The annual report
shall make comparisons to a school’s performance in
preceding years and shall include school level goals under
*RCW 28A.655.050, student performance relative to the
goals and the percentage of students performing at each level
of the assessment, a comparison of student performance at
each level of the assessment to the previous year’s performance, and information regarding school-level plans to
achieve the goals.
(2) The annual performance report shall include, but not
be limited to: (a) A brief statement of the mission of the
school and the school district; (b) enrollment statistics
including student demographics; (c) expenditures per pupil
for the school year; (d) a summary of student scores on all
mandated tests; (e) a concise annual budget report; (f)
student attendance, graduation, and dropout rates; (g)
information regarding the use and condition of the school
building or buildings; (h) a brief description of the learning
improvement plans for the school; and (i) an invitation to all
parents and citizens to participate in school activities.
(3) The superintendent of public instruction shall
develop by June 30, 1994, and update periodically, a model
report form, which shall also be adapted for computers, that
schools may use to meet the requirements of subsections (1)
and (2) of this section. In order to make school performance
reports broadly accessible to the public, the superintendent
of public instruction, to the extent feasible, shall make
information on each school’s report available on or through
the superintendent’s internet web site. [1999 c 388 § 303;
1993 c 336 § 1006. Formerly RCW 28A.320.205.]
*Reviser’s note: RCW 28A.655.050 was repealed by 2002 c 132 §
1.
Findings—Intent—Part headings not law—1993 c 336: See notes
following RCW 28A.150.210.
Findings—1993 c 336: See note following RCW 28A.150.210.
28A.655.130 Accountability implementation funds.
(1) To the extent funds are appropriated, the office of the
superintendent of public instruction annually shall allocate
accountability implementation funds to school districts. The
purposes of the funds are to: Develop and update student
learning improvement plans; implement curriculum materials
and instructional strategies; provide staff professional
development to implement the selected curricula and
instruction; develop and implement assessment strategies and
training in assessment scoring; and fund other activities
intended to improve student learning for all students, including students with diverse needs. Activities funded by the
allocations must be consistent with the school or district
improvement plan, designed to improve the ability of
teachers and other instructional certificated and classified
staff to assist students in meeting the essential academic
learning requirements, and designed to achieve state and
local accountability goals. Activities funded by the allocations shall be designed to protect the teachers’ instructional
time with students and minimize the use of substitute
teachers.
(2002 Ed.)
28A.655.110
(2) Schools receiving funds shall develop, update as
needed, and keep on file a school student learning improvement plan to achieve the student learning goals and essential
academic learning requirements and to implement the
assessment system as it is developed. The plan shall
delineate how the accountability implementation funds will
be used to accomplish the requirements of this section. The
plan shall be made available to the public and to others upon
request.
(3) The amount of allocations shall be determined in the
omnibus appropriations act.
(4) The state schools for the deaf and blind are eligible
to receive allocations under this section.
(5) The superintendent of public instruction may adopt
timelines and rules as necessary under chapter 34.05 RCW
to administer the program, and require that schools and
districts submit reports regarding the use of the funds. [1999
c 388 § 402.]
28A.655.140 Technical assistance. (1) In order to
increase the availability and quality of technical assistance
statewide, the superintendent of public instruction, subject to
available funding, may employ school improvement coordinators and school improvement specialists to provide
assistance to schools and districts. The improvement
specialists shall serve on a rotating basis and shall not be
permanent employees.
(2) The types of assistance provided by the improvement coordinators and specialists may include, but need not
be limited to:
(a) Assistance to schools to use student performance
data and develop improvement plans based on those data;
(b) Consultation with schools and districts concerning
their performance on the Washington assessment of student
learning and other assessments;
(c) Consultation concerning curricula that aligns with the
essential academic learning requirements and the Washington
assessment of student learning and that meets the needs of
diverse learners;
(d) Assistance in the identification and implementation
of research-based instructional practices;
(e) Staff training that emphasizes effective instructional
strategies and classroom-based assessment;
(f) Assistance in developing and implementing family
and community involvement programs; and
(g) Other assistance to schools and school districts
intended to improve student learning. [1999 c 388 § 403.]
28A.655.150 Consolidation of requirements for
categorical grant programs—Use of electronic applications and reporting. The superintendent of public instruction, in consultation with school district personnel, shall
consolidate and streamline the planning, application, and
reporting requirements for major state and federal categorical
and grant programs. The superintendent also shall take
actions to increase the use of online electronic applications
and reporting. [1999 c 388 § 602.]
28A.655.180 Waivers for educational restructuring
programs—Study by joint select committee on education
restructuring—Report to legislature. (1) The state board
[Title 28A RCW—page 229]
28A.655.180
Title 28A RCW: Common School Provisions
of education, where appropriate, or the superintendent of
public instruction, where appropriate, may grant waivers to
districts from the provisions of statutes or rules relating to:
The length of the school year; student-to-teacher ratios; and
other administrative rules that in the opinion of the state
board of education or the opinion of the superintendent of
public instruction may need to be waived in order for a
district to implement a plan for restructuring its educational
program or the educational program of individual schools
within the district.
(2) School districts may use the application process in
RCW 28A.305.140 or *28A.300.138 to apply for the waivers
under subsection (1) of this section.
(3) The joint select committee on education restructuring
shall study which waivers of state laws or rules are necessary for school districts to implement education restructuring.
The committee shall study whether the waivers are used to
implement specific essential academic learning requirements
and student learning goals. The committee shall study the
availability of waivers under the schools for the twenty-first
century program created by chapter 525, Laws of 1987, and
the use of those waivers by schools participating in that
program. The committee shall also study the use of waivers
authorized under RCW 28A.305.140. The committee shall
report its findings to the legislature by December 1, 1997.
[(1997 c 431 § 23 expired June 30, 1999); 1995 c 208 § 1.
Formerly RCW 28A.630.945.]
*Reviser’s note: RCW 28A.300.138 was repealed by 1999 c 388 §
603.
28A.655.900 Transfer of powers, duties, and
functions. (1) Beginning July 1, 1999, the powers, duties,
and functions of the commission on student learning are
transferred to the academic achievement and accountability
commission or to the superintendent of public instruction as
appropriate under the transfer of duties made from the
commission on student learning to the academic achievement
and accountability commission or the superintendent of
public instruction under chapter 388, Laws of 1999. All
references to the commission on student learning in the
Revised Code of Washington shall be construed to mean the
academic achievement and accountability commission when
addressing the duties, activities, or functions regarding the
accountability system under chapter 388, Laws of 1999. All
references to the commission on student learning in the
Revised Code of Washington shall be construed to mean the
superintendent of public instruction when addressing the
duties, activities, or functions regarding the essential academic learning requirements, the standards, or the assessments
addressed under chapter 388, Laws of 1999.
(2) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
commission on student learning shall be delivered to the
custody of the academic achievement and accountability
commission or the superintendent of public instruction, as
appropriate. All cabinets, furniture, office equipment, motor
vehicles, and other tangible property employed by the
commission on student learning shall be made available to
the academic achievement and accountability commission or
the superintendent of public instruction, as appropriate.
(3) The transfer of the powers, duties, functions, and
personnel of the commission on student learning shall not
[Title 28A RCW—page 230]
affect the validity of any act performed before May 18,
1999. [1999 c 388 § 502.]
Effective dates—1999 c 388 §§ 101, 502, and 604: See note
following RCW 28A.655.020.
28A.655.901 Part headings and captions not law—
1999 c 388. Part headings and section captions used in this
act are not any part of the law. [1999 c 388 § 605.]
28A.655.902 Severability—1999 c 388. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1999 c 388 § 609.]
Chapter 28A.660
ALTERNATIVE ROUTE
TEACHER CERTIFICATION
Sections
28A.660.005
28A.660.010
28A.660.020
28A.660.030
28A.660.040
28A.660.050
28A.660.060
28A.660.900
28A.660.901
Findings—Declaration.
Partnership grant program.
Proposals—Funding.
Partnership grants—Selection—Administration.
Routes.
Conditional scholarship program.
Employment of certain personnel not affected.
Expiration of chapter.
Program evaluations—Contingency.
28A.660.005 Findings—Declaration. (Expires June
30, 2005.) The legislature finds and declares:
(1) Teacher qualifications and effectiveness are the most
important influences on student learning in schools.
(2) Preparation of individuals to become well-qualified,
effective teachers must be high quality.
(3) Teachers who complete high-quality alternative route
programs with intensive field-based experience, adequate
coursework, and strong mentorship do as well or better than
teachers who complete traditional preparation programs.
(4) High-quality alternative route programs can provide
more flexibility and expedience for individuals to transition
from their current career to teaching.
(5) High-quality alternative route programs can help
school districts fill subject matter shortage areas and areas
with shortages due to geographic location.
(6) Regardless of route, all candidates for residency
teacher certification must meet the high standards required
by the state.
The legislature recognizes widespread concerns about
the potential for teacher shortages and finds that classified
instructional staff in public schools represent a great untapped resource for recruiting the teachers of the future.
[2001 c 158 § 1.]
28A.660.010 Partnership grant program. (Expires
June 30, 2005.) There is hereby created a statewide
partnership grant program to provide new high-quality
alternative routes to residency teacher certification. To the
extent funds are appropriated for this specific purpose, funds
provided under this partnership grant program shall be used
solely for school districts, or consortia of school districts, to
(2002 Ed.)
Alternative Route Teacher Certification
partner with state-approved higher education teacher preparation programs to provide one or more of three alternative
route programs in RCW 28A.660.040, aimed at recruiting
candidates to teaching in subject matter shortage areas and
areas with shortages due to geographic location. Districts,
or consortia of districts, may also include their educational
service districts in their partnership grant program. Partnership programs receiving grants may enroll candidates as
early as January 2002. [2001 c 158 § 2.]
28A.660.020 Proposals—Funding. (Expires June 30,
2005.) (1) Each district or consortia of school districts
applying for state funds through this program shall submit a
proposal to the Washington professional educator standards
board specifying:
(a) The route or routes the partnership program intends
to offer and a detailed description of how the routes will be
structured and operated by the partnership;
(b) The number of candidates that will be enrolled per
route;
(c) An identification, indication of commitment, and
description of the role of approved teacher preparation
programs that are partnering with the district or consortia of
districts;
(d) An assurance of district provision of adequate
training for mentor teachers either through participation in a
state mentor training academy or district-provided training
that meets state-established mentor-training standards specific
to the mentoring of alternative route candidates;
(e) An assurance that significant time will be provided
for mentor teachers to spend with the alternative route
teacher candidates throughout the internship. Partnerships
must provide each candidate with intensive classroom
mentoring until such time as the candidate demonstrates the
competency necessary to manage the classroom with less
intensive supervision and guidance from a mentor;
(f) A description of the rigorous screening process for
applicants to alternative route programs, including entry
requirements specific to each route, as provided in RCW
28A.660.040; and
(g) The design and use of a teacher development plan
for each candidate. The plan shall specify the alternative
route coursework and training required of each candidate and
shall be developed by comparing the candidate’s prior
experience and coursework with the state’s new performance-based standards for residency certification and
adjusting any requirements accordingly. The plan may
include the following components:
(i) A minimum of one-half of a school year, and an
additional significant amount of time if necessary, of
intensive mentorship, starting with full-time mentoring and
progressing to increasingly less intensive monitoring and assistance as the intern demonstrates the skills necessary to
take over the classroom with less intensive support. For
route one and two candidates, before the supervision is
diminished, the mentor of the teacher candidate at the school
and the supervisor of the teacher candidate from the higher
education teacher preparation program must both agree that
the teacher candidate is ready to manage the classroom with
less intensive supervision. For route three candidates, the
mentor of the teacher candidate shall make the decision;
(2002 Ed.)
28A.660.010
(ii) Identification of performance indicators based on the
knowledge and skills standards required for residency
certification by the state board of education;
(iii) Identification of benchmarks that will indicate when
the standard is met for all performance indicators;
(iv) A description of strategies for assessing candidate
performance on the benchmarks;
(v) Identification of one or more tools to be used to
assess a candidate’s performance once the candidate has
been in the classroom for about one-half of a school year;
and
(vi) A description of the criteria that would result in
residency certification after about one-half of a school year
but before the end of the program.
(2) Districts may apply for program funds to pay
stipends to both mentor teachers and interns during their
mentored internship. For both intern stipends and accompanying mentor stipends, the per intern district request for
funds may not exceed the amount designated by the BA+0
cell on the statewide teacher salary allocation schedule. This
amount shall be prorated for internships and mentorships that
last less than a full school year. Interns in the program for
a full year shall be provided a stipend of at least eighty
percent of the amount generated by the BA+0 cell on the
statewide teacher salary allocation schedule. This amount
shall be prorated for internships that last less than a full
school year. [2001 c 158 § 3.]
28A.660.030 Partnership grants—Selection—
Administration. (Expires June 30, 2005.) (1) The professional educator standards board, with support from the office
of the superintendent of public instruction, shall select school
districts and consortia of school districts to receive partnership grants from funds appropriated by the legislature for
this purpose. Factors to be considered in selecting proposals
include:
(a) The degree to which the district, or consortia of
districts in partnership, are currently experiencing teacher
shortages;
(b) The degree to which the proposal addresses criteria
specified in RCW 28A.660.020 and is in keeping with
specifications of program routes in RCW 28A.660.040;
(c) The cost-effectiveness of the proposed program; and
(d) Any demonstrated district and in-kind contributions
to the program.
(2) Selection of proposals shall also take into consideration the need to ensure an adequate number of candidates
for each type of route in order to evaluate their success.
(3) Funds appropriated for the partnership grant program
in this chapter shall be administered by the office of the
superintendent of public instruction. [2001 c 158 § 4.]
28A.660.040 Routes. (Expires June 30, 2005.)
Partnership grants funded under this chapter shall operate
one to three specific route programs. Successful completion
of the program shall make a candidate eligible for residency
teacher certification. For route one and two candidates, the
mentor of the teacher candidate at the school and the
supervisor of the teacher candidate from the higher education
teacher preparation program must both agree that the teacher
candidate has successfully completed the program. For route
[Title 28A RCW—page 231]
28A.660.040
Title 28A RCW: Common School Provisions
three candidates, the mentor of the teacher candidate shall
make the determination that the candidate has successfully
completed the program.
(1) Partnership grant programs seeking funds to operate
route one programs shall enroll currently employed classified
instructional employees with transferable associate degrees
seeking residency teacher certification with endorsements in
special education, bilingual education, or English as a second
language. It is anticipated that candidates enrolled in this
route will complete both their baccalaureate degree and
requirements for residency certification in two years or less,
including a mentored internship to be completed in the final
year. In addition, partnership programs shall uphold entry
requirements for candidates that include:
(a) District or building validation of qualifications,
including three years of successful student interaction and
leadership as a classified instructional employee;
(b) Successful passage of the statewide basic skills
exam, when available; and
(c) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers.
(2) Partnership grant programs seeking funds to operate
route two programs shall enroll currently employed classified
staff with baccalaureate degrees seeking residency teacher
certification in subject matter shortage areas and areas with
shortages due to geographic location. Candidates enrolled in
this route must complete a mentored internship complemented by flexibly scheduled training and coursework offered at
a local site, such as a school or educational service district,
or online or via video-conference over the K-20 network, in
collaboration with the partnership program’s higher education partner. In addition, partnership grant programs shall
uphold entry requirements for candidates that include:
(a) District or building validation of qualifications,
including three years of successful student interaction and
leadership as classified staff;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual’s college or
university grade point average may be considered as a
selection factor;
(c) Successful completion of the content test, once the
state content test is available;
(d) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(e) Successful passage of the statewide basic skills
exam, when available.
(3) Partnership grant programs seeking funds to operate
route three programs shall enroll individuals with baccalaureate degrees, who are not employed in the district at the time
of application, or who hold emergency substitute certificates.
When selecting candidates for certification through route
three, districts shall give priority to individuals who are
seeking residency teacher certification in subject matter
shortage areas or shortages due to geographic locations. For
route three only, the districts may include additional candidates in nonshortage subject areas if the candidates are
seeking endorsements with a secondary grade level designation as defined by rule by the state board of education.
The districts shall disclose to candidates in nonshortage
subject areas available information on the demand in those
subject areas. Cohorts of candidates for this route shall
attend an intensive summer teaching academy, followed by
[Title 28A RCW—page 232]
a full year employed by a district in a mentored internship,
followed, if necessary, by a second summer teaching
academy. In addition, partnership programs shall uphold
entry requirements for candidates that include:
(a) Five years’ experience in the work force;
(b) A baccalaureate degree from a regionally accredited
institution of higher education. The individual’s grade point
average may be considered as a selection factor;
(c) Successful completion of the content test, once the
state content test is available;
(d) External validation of qualifications, including
demonstrated successful experience with students or children,
such as references [reference] letters and letters of support
from previous employers;
(e) Meeting the age, good moral character, and personal
fitness requirements adopted by rule for teachers; and
(f) Successful passage of statewide basic skills exams,
when available. [2001 c 158 § 5.]
28A.660.050 Conditional scholarship program.
(Expires June 30, 2005.) The alternative route conditional
scholarship program is created under the following guidelines:
(1) The program shall be administered by the higher
education coordinating board. In administering the program,
the higher education coordinating board has the following
powers and duties:
(a) To adopt necessary rules and develop guidelines to
administer the program;
(b) To collect and manage repayments from participants
who do not meet their service obligations; and
(c) To accept grants and donations from public and
private sources for the program.
(2) Participation in the alternative route conditional
scholarship program is limited to classified staff in routes
one and two of the partnership grant programs under RCW
28A.660.040. The Washington professional educator standards board shall select classified staff to receive conditional
scholarships.
(3) In order to receive conditional scholarship awards,
recipients shall be accepted and maintain enrollment in
alternative certification routes through the partnership grant
program, as provided in RCW 28A.660.040. Recipients
must continue to make satisfactory progress towards completion of the alternative route certification program and receipt
of a residency teaching certificate.
(4) For the purpose of this chapter, a conditional
scholarship is a loan that is forgiven in whole or in part in
exchange for service as a certificated teacher employed in a
Washington state K-12 public school. The state shall forgive
one year of loan obligation for every two years a recipient
teaches in a public school. Recipients that fail to continue
a course of study leading to residency teacher certification or
cease to teach in a public school in the state of Washington
in their endorsement area are required to repay the remaining
loan principal with interest.
(5) Recipients who fail to fulfill the required teaching
obligation are required to repay the remaining loan principal
with interest and any other applicable fees. The higher
education coordinating board shall adopt rules to define the
(2002 Ed.)
Alternative Route Teacher Certification
terms for repayment, including applicable interest rates, fees,
and deferments.
(6) To the extent funds are appropriated for this specific
purpose, the annual amount of the scholarship is the annual
cost of tuition for the alternative route certification program
in which the recipient is enrolled, not to exceed four thousand dollars. The board may adjust the annual award by the
average rate of resident undergraduate tuition and fee increases at the state universities as defined in RCW
28B.10.016.
(7) The higher education coordinating board may
deposit all appropriations, collections, and any other funds
received for the program in this chapter in *the student loan
account authorized in RCW 28B.102.060. [2001 c 158 § 6.]
*Reviser’s note: RCW 28B.102.060 requires that funds received
under RCW 28B.102.060 be deposited with the higher education coordinating board, but does not authorize the student loan account.
28A.660.060 Employment of certain personnel not
affected. (Expires June 30, 2005.) School districts or
approved private schools’ ability to employ personnel under
certification for emergency or temporary, substitute, or
provisional duty as authorized by chapter 28A.410 RCW are
not affected by the provisions of this chapter. [2001 c 158
§ 10.]
28A.660.900 Expiration of chapter. This chapter
expires June 30, 2005. [2001 c 158 § 7.]
28A.660.901 Program evaluations—Contingency.
(Expires June 30, 2005.) The Washington state institute for
public policy shall submit to the education and fiscal
committees of the legislature, the governor, the state board
of education, and the Washington professional educator
standards board, an interim evaluation of partnership grant
programs funded under this chapter by December 1, 2002,
and a final evaluation by December 1, 2004. *If specific
funding for the purposes of this section, referencing this
section and this act by bill or chapter number, is not provided by June 30, 2001, in the omnibus appropriations act, this
section is null and void. [2001 c 158 § 8.]
*Reviser’s note: This section was funded by 2001 2nd sp.s. c 7 §
501(2)(c)(i), the omnibus appropriations act.
Chapter 28A.690
AGREEMENT ON QUALIFICATIONS
OF PERSONNEL
Sections
28A.690.010
28A.690.020
28A.690.030
Compact entered into—Terms.
Superintendent as "designated state official", compact
administrator—Board to approve text of contracts.
True copies of contracts filed in office of superintendent—Publication.
28A.690.010 Compact entered into—Terms. The
Interstate Agreement on Qualifications of Educational
Personnel is hereby enacted into law and entered into by this
state with all other states legally joining therein in the form
substantially as follows:
28A.660.050
Article I
1. The states party to this Agreement, desiring by
common action to improve their respective school systems
by utilizing the teacher or other professional educational
person wherever educated, declare that it is the policy of
each of them, on the basis of cooperation with one another,
to take advantage of the preparation and experience of such
persons wherever gained, thereby serving the best interests
of society, of education, and of the teaching profession. It
is the purpose of this Agreement to provide for the development and execution of such programs of cooperation as will
facilitate the movement of teachers and other professional
educational personnel among the states party to it, and to
authorize specific interstate educational personnel contracts
to achieve that end.
2. The party states find that included in the large
movement of population among all sections of the nation are
many qualified educational personnel who move for family
and other personal reasons but who are hindered in using
their professional skill and experience in their new locations.
Variations from state to state in requirements for qualifying
educational personnel discourage such personnel from taking
the steps necessary to qualify in other states. As a consequence, a significant number of professionally prepared and
experienced educators is lost to our school systems. Facilitating the employment of qualified educational personnel,
without reference to their states or origin, can increase the
available educational resources. Participation in this compact
can increase the availability of educational manpower.
Article II
As used in this Agreement and contracts made pursuant
to it, unless the context clearly requires otherwise:
1. "Educational personnel" means persons who must
meet requirements pursuant to state law as a condition of
employment in educational programs.
2. "Designated state official" means the education
official of a state selected by that state to negotiate and enter
into, on behalf of his or her state, contracts pursuant to this
Agreement.
3. "Accept," or any variant thereof, means to recognize
and give effect to one or more determinations of another
state relating to the qualifications of educational personnel in
lieu of making or requiring a like determination that would
otherwise be required by or pursuant to the laws of a
receiving state.
4. "State" means a state, territory, or possession of the
United States; the District of Columbia; or the Commonwealth of Puerto Rico.
5. "Originating State" means a state (and the subdivision thereof, if any) whose determination that certain
educational personnel are qualified to be employed for specific duties in schools is acceptable in accordance with the
terms of a contract made pursuant to Article III.
6. "Receiving State" means a state (and the subdivisions thereof) which accept educational personnel in accordance with the terms of a contract made pursuant to Article
III.
The contracting states solemnly agree that:
(2002 Ed.)
[Title 28A RCW—page 233]
28A.690.010
Title 28A RCW: Common School Provisions
Article III
1. The designated state official of a party state may
make one or more contracts on behalf of his or her state
with one or more other party states providing for the
acceptance of educational personnel. Any such contract for
the period of its duration shall be applicable to and binding
on the states whose designated state officials enter into it,
and the subdivisions of those states, with the same force and
effect as if incorporated in this Agreement. A designated
state official may enter into a contract pursuant to this
Article only with states in which he or she finds that there
are programs of education, certification standards or other
acceptable qualifications that assure preparation or qualification of educational personnel on a basis sufficiently comparable, even though not identical to that prevailing in his or
her own state.
2. Any such contract shall provide for:
(a) Its duration.
(b) The criteria to be applied by an originating state in
qualifying educational personnel for acceptance by a receiving state.
(c) Such waivers, substitutions, and conditional acceptances as shall aid the practical effectuation of the contract
without sacrifice of basic educational standards.
(d) Any other necessary matters.
3. No contract made pursuant to this Agreement shall
be for a term longer than five years but any such contract
may be renewed for like or lesser periods.
4. Any contract dealing with acceptance of educational
personnel on the basis of their having completed an educational program shall specify the earliest date or dates on
which originating state approval of the program or programs
involved can have occurred. No contract made pursuant to
this Agreement shall require acceptance by a receiving state
of any persons qualified because of successful completion of
a program prior to January 1, 1954.
5. The certification or other acceptance of a person who
has been accepted pursuant to the terms of a contract shall
not be revoked or otherwise impaired because the contract
has expired or been terminated. However, any certificate or
other qualifying document may be revoked or suspended on
any ground which would be sufficient for revocation or
suspension of a certificate or other qualifying document
initially granted or approved in the receiving state.
6. A contract committee composed of the designated
state officials of the contracting states or their representatives
shall keep the contract under continuous review, study means
of improving its administration, and report no less frequently
than once a year to the heads of the appropriate education
agencies of the contracting states.
Article IV
1. Nothing in this Agreement shall be construed to
repeal or otherwise modify any law or regulation of a party
state relating to the approval of programs of educational
preparation having effect solely on the qualification of
educational personnel within that state.
2. To the extent that contracts made pursuant to this
Agreement deal with the educational requirements for the
proper qualification of educational personnel, acceptance of
a program of educational preparation shall be in accordance
[Title 28A RCW—page 234]
with such procedures and requirements as may be provided
in the applicable contract.
Article V
The party states agree that:
1. They will, so far as practicable, prefer the making of
multilateral contracts pursuant to Article III of this Agreement.
2. They will facilitate and strengthen cooperation in
interstate certification and other elements of educational
personnel qualification and for this purpose shall cooperate
with agencies, organizations, and associations interested in
certification and other elements of educational personnel
qualification.
Article VI
The designated state officials of any party state may
meet from time to time as a group to evaluate progress under
the Agreement, and to formulate recommendations for
changes.
Article VII
Nothing in this Agreement shall be construed to prevent
or inhibit other arrangements or practices of any party state
or states to facilitate the interchange of educational personnel.
Article VIII
1. This Agreement shall become effective when enacted
into law by two states. Thereafter it shall become effective
as to any state upon its enactment of this Agreement.
2. Any party state may withdraw from this Agreement
by enacting a statute repealing the same, but no such
withdrawal shall take effect until one year after the governor
of the withdrawing state has given notice in writing of the
withdrawal to the governors of all other party states.
3. No withdrawal shall relieve the withdrawing state of
any obligation imposed upon it by a contract to which it is
a party. The duration of contracts and the methods and
conditions of withdrawal therefrom shall be those specified
in their terms.
Article IX
This Agreement shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
Agreement shall be severable and if any phrase, clause,
sentence, or provision of this Agreement is declared to be
contrary to the constitution of any state or of the United
States, or the application thereof to any government, agency,
person, or circumstance is held invalid, the validity of the
remainder of this Agreement and the applicability thereof to
any government, agency, person, or circumstance shall not
be affected thereby. If this Agreement shall be held contrary
to the constitution of any state participating therein, the
Agreement shall remain in full force and effect as to the
state affected as to all severable matters. [1990 c 33 § 545;
1969 ex.s. c 283 § 4. Formerly RCW 28A.93.010,
28.93.010.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
(2002 Ed.)
Agreement on Qualifications of Personnel
28A.690.020 Superintendent as "designated state
official", compact administrator—Board to approve text
of contracts. The "designated state official" for this state
under Article II of RCW 28A.690.010 shall be the superintendent of public instruction, who shall be the compact
administrator and who shall have power to promulgate rules
to carry out the terms of this compact. The superintendent
of public instruction shall enter into contracts pursuant to
Article III of the Agreement only with the approval of the
specific text thereof by the state board of education. [1990
c 33 § 546; 1969 ex.s. c 283 § 5. Formerly RCW
28A.93.020, 28.93.020.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
28A.690.030 True copies of contracts filed in office
of superintendent—Publication. True copies of all
contracts made on behalf of this state pursuant to the Agreement as provided in RCW 28A.690.010 shall be kept on file
in the office of the superintendent of public instruction. The
superintendent of public instruction shall publish all such
contracts in convenient form. [1990 c 33 § 547; 1969 ex.s.
c 283 § 6. Formerly RCW 28A.93.030, 28.93.030.]
Severability—1969 ex.s. c 283: See note following RCW
28A.150.050.
Chapter 28A.900
CONSTRUCTION
Sections
28A.900.010
28A.900.030
28A.900.040
28A.900.050
28A.900.060
28A.900.070
28A.900.080
28A.900.100
28A.900.101
28A.900.102
28A.900.103
28A.900.105
Repeals and savings.
Continuation of existing law.
Provisions to be construed in pari materia.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
"This code" defined.
Effective date—1969 ex.s. c 223.
Purpose—1990 c 33.
Statutory references—1990 c 33.
Severability—1990 c 33.
Subheadings not law—1990 c 33.
Effect of repeal—1995 c 335.
28A.900.010 Repeals and savings. See 1969 ex.s. c
223 § 28A.98.010. Formerly RCW 28A.98.010.
28A.900.030 Continuation of existing law. The
provisions of this title, Title 28A RCW, insofar as they are
substantially the same as statutory provisions repealed by
this chapter, and relating to the same subject matter, shall be
construed as restatements and continuations, and not as new
enactments. Nothing in this 1969 code revision of Title 28
RCW shall be construed as authorizing any new bond issues
or new or additional appropriations of moneys but the bond
issue authorizations herein contained shall be construed only
as continuations of bond issues authorized by prior laws
herein repealed and reenacted, and the appropriations of
moneys herein contained are continued herein for historical
purposes only and this 1969 act shall not be construed as a
reappropriation thereof and no appropriation contained herein
shall be deemed to be extended or revived hereby and such
appropriation shall lapse or shall have lapsed in accordance
with the original enactment: PROVIDED, That this 1969 act
(2002 Ed.)
28A.690.020
shall not operate to terminate, extend or otherwise affect any
appropriation for the biennium commencing July 1, 1967,
and ending June 30, 1969. [1969 ex.s. c 223 § 28A.98.030.
Formerly RCW 28A.98.030.]
28A.900.040 Provisions to be construed in pari
materia. The provisions of this title, Title 28A RCW, shall
be construed in pari materia even though as a matter of prior
legislative history they were not originally enacted in the
same statute. The provisions of this title shall also be
construed in pari materia with the provisions of Title 28B
RCW, and with other laws relating to education. This section shall not operate retroactively. [1969 ex.s. c 223 §
28A.98.040. Formerly RCW 28A.98.040.]
28A.900.050 Title, chapter, section headings not
part of law. Title headings, chapter headings, and section
or subsection headings, as used in this title, Title 28A RCW,
do not constitute any part of the law. [1969 ex.s. c 223 §
28A.98.050. Formerly RCW 28A.98.050.]
28A.900.060 Invalidity of part of title not to affect
remainder. If any provision of this title, Title 28A RCW,
or its application to any person or circumstance is held
invalid, the remainder of the title, or the application of the
provision to other persons or circumstances is not affected.
[1969 ex.s. c 223 § 28A.98.060. Formerly RCW
28A.98.060.]
28A.900.070 "This code" defined. As used in this
title, Title 28A RCW, "this code" means Titles 28A and 28B
RCW. [1969 ex.s. c 223 § 28A.98.070. Formerly RCW
28A.98.070.]
28A.900.080 Effective date—1969 ex.s. c 223. Title
28A RCW shall be effective July 1, 1970. [1969 ex.s. c 223
§ 28A.98.080. Formerly RCW 28A.98.080.]
28A.900.100 Purpose—1990 c 33. (1) The purpose
of chapter 33, Laws of 1990 is to reorganize Title 28A
RCW. There are three goals to this reorganization: (a) To
place related sections in chapters organized by subject
matter; (b) to make all terms gender neutral; and (c) to
clarify existing language. Chapter 33, Laws of 1990 is
technical in nature and is not intended to make substantive
changes in the meaning, interpretation, court construction, or
constitutionality of any provision of Title 28A RCW or other
statutory provisions included in chapter 33, Laws of 1990
and rules adopted under those provisions.
(2) Chapter 33, Laws of 1990 shall not have the effect
of terminating or in any way modifying any proceedings or
liability, civil or criminal, which exists on June 7, 1990.
[1990 c 33 § 1.]
28A.900.101 Statutory references—1990 c 33. (1)
The code reviser shall correct all statutory references to code
sections recodified by *section 4 of this act.
(2)(a) References to "RCW 28A.47.732 through
28A.47.748" in Title 28A RCW have intentionally not been
changed since those code sections were repealed by chapter
[Title 28A RCW—page 235]
28A.900.101
Title 28A RCW: Common School Provisions
189, Laws of 1983. These references are not being eliminated because it is not the purpose of this act to correct
obsolete references.
(b) References to "RCW 28A.58.095" in Title 28A
RCW have intentionally not been changed since that code
section was repealed by chapter 2, Laws of 1987 1st ex.
sess. These references are not being eliminated because it
is not the purpose of this act to correct obsolete references.
[1990 c 33 § 2.]
*Reviser’s note: Section 4 of this act is an uncodified section that
recodifies sections in Title 28A RCW.
28A.900.102 Severability—1990 c 33. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 c 33 § 603.]
28A.900.103 Subheadings not law—1990 c 33.
Subheadings as used in this act do not constitute any part of
the law. [1990 c 33 § 3.]
28A.900.105 Effect of repeal—1995 c 335. The
repeal of any programs that are not funded as of July 23,
1995, is not intended to comment on the value of the services provided by the programs. The repeal of statutes in
chapter 335, Laws of 1995 does not affect the general
authority of school districts to provide services to accomplish
the purposes of these programs. The deletion or repeal of
language that permitted school districts to carry out specific
activities that would be within their general authority is not
intended to affect the general authority of school districts to
continue to carry out those activities. [1995 c 335 § 801.]
Part headings, table of contents not law—1995 c 335: See note
following RCW 28A.150.360.
[Title 28A RCW—page 236]
(2002 Ed.)
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